1947-01-09, #3: Doctors' Trial (early afternoon)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 9 January 1947.)
THE MARSHAL: The Tribunal is again in session.
MR. McHANEY: The Prosecution has no further questions to put to the witness at this time. If there is any cross examination, they can proceed.
THE PRESIDENT: Is there any cross examination of this witness by defense counsel?
CROSS EXAMINATION BY DR. HANS PRIBILLA (Defense counsel for Paul Rostock):
Q: Witness, when asked by the Prosecution, you spoke about Professor Haagen's secretary, Dr. Olga Eier, during the last period; did you speak with or see Dr. Eier?
A: Yes.
Q: Can you tell me Dr. Eier's address or where she is working now?
A: Yes. Clinical Dermatologist, Strassbourg, Bas-Rhein.
Q: Would you please spell the latter?
A: B-a-s-R-h-e-i-n.
Q: Thank you. I have no further questions.
BY DR. MARX (Defense counsel for Professor Schroeder and Dr. Becker-Freyseng):
Q: Witness, you were speaking before about a visit of the medical chief of the Luftwaffe at the institute of Professor Haagen?
A: Yes.
Q: You said that this visit took place in June of 1944?
A: According to my recollection, yes.
Q: And there is a possibility that this visit took place on May 22nd or 23rd, 1944?
A: That is possible, too.
Q: Did you see Professor Schroeder personally, or were you merely told he was there?
A: I only saw his overcoat, which had large white epaulets on it and I was told we were concerned with the highest chief of the hygiene system of the air force. I believe that I can remember that the name Schroeder was mentioned
Q: Do you know whether the medical chief was accompanied by an adjutant?
A: I believe so.
Q: How long, according to your recollection, did this visit last?
A: At least two hours, possibly three.
Q: Was Professor Schroeder along together with Professor Haagen?
A: Of that I have no knowledge.
Q: Now, I should like to ask you with reference to the experiments on human beings, experiments with typhus. Were they already finished in the year 1943?
A: No, in the year 1943 they had not been completed. They continued until July of 1944.
Q: How do you know this date; how do you know that so exactly?
A: I have seen Professor Haagen depart from Natzweiler so often with his entire material. In August 1944 Professor Haagen left Strassbourg together with his experiments. That is how I can state for certain that the date was in July of 1944.
Q: According to your knowledge were experiments on human beings conducted with reference to epidemic jaundice?
A: No, no, I know nothing about it.
Q: Was he exclusively concerned with animal experiments?
A: As far as I know, we were only concerned with animal experiments and microscopic experiments.
Q: So I understood you perfectly with reference to Hepatitis Endemica?
A: Yes.
Q: So I understood you correctly with reference to that?
A: Yes.
Q: Do you know if there was a certain Standarten Captain Dr. Thomen after June of 1944 in that institute?
A: Yes, he was in the institute for two days.
Q: Do you know, or is it known to you, whether in order to execute these experiments on human beings an order of the agency of the Luftwaffe was in existence?
A: As far as I know, yes.
Q: Well, my question is based on the fact that these experiments were supposed to be carried out by an order of a different agency; on the order of the Reichs Research Counsel or some such agency. Did you see any letters with any headings to that effect; I mean official headings, it may have been some from the Reichs Research Counsel or from Goerring or from the Reichs Marshal or some such agency?
A: I have seen such letterheads very frequently but what was contained in the letters I have no knowledge of.
A: Yes, but did you see any letterheads with the titles Chief of the Medical Service of the Luftwaffe or Inspectorate of the Luftwaffe or Medical Inspectorate of the Luftwaffe?
A: That is something I could not swear to, but I do believe that I did.
Q: Ever since 1941, you were active there. Did you not say that this morning?
A: Since 1942; February 1, 1942.
Q: Do you know anything about the cooperation of Professor Haagen with Professors Genzken, Buchner, Hubert or Kalk in connection with hepatitis?
A: No.
Q: Or on any other questions?
A: No, not at all.
Q: Do these names mean anything to you?
A: No.
Q: Genzken, Buchner, Hubert, Kalk?
A: No, nothing.
Q: You read nothing about them?
A: No, nothing.
Q: Where exactly did Professor Haagen work in the institute; in what institute did he work in the University of Strassbourg?
A: He was professor at the Hygienic Institute at Strassbourg.
Q: Professor at the Hygienic Institute at Strassbourg?
A: That is correct.
Q: Extraordinary. At the University of Strassbourg, at the Medical Institute, there was another department called Research, was there not?
A: Yes; Research.
Q: Under whom was this Research Department; Professor Bueckenbach?
A: Yes.
Q: Who was the superior of Professor Buckenbach; was it DeKamp?
A: That is something I do not know; I do not know how this was arranged.
Q: I have no further questions.
BY DR. HEINZ FRITZ (Counsel for Professor Rose):
Q: Witness, this morning you testified that according to your recollection Professor Rose was in Strassbourg on three or four occasions?
A: Yes.
Q: Professor Rose tells that he was there only twice and that was once at the time mentioned by you in 1943 and once in the year 1944. Is it possible that this statement of Professor Rose is correct?
A: In my opinion, I have seen Professor Rose on three occasions, but I would not swear to it.
Q: Can you tell me anything with reference to the visit of Professor Rose in the summer of 1944 and can you give me an exact statement as to the time?
A: No, no, I cannot do that.
Q: Another subject; do you know of the typhus vaccines of the Pasteur Casablanca and Lacray of the Institute in Tulln?
A: Yes.
Q: Do you know that these vaccines originated from living weakened virus?
A: Yes and I also know that they were not used because they were too dangerous.
Q: Do you knoW, witness, that Haagen endeavored to develop this sort of Blau, since the vaccines of that organ were not considered effective?
A: In his work Haagen based himself just as much on French work just as he did American work, according to Cox.
Q: Do you know that he wanted to develop a vaccine for typhus as against pox and yellow fever?
A: I watched him read articles, French articles, about these vaccines. I once discussed the question with him very briefly. I know that he was consulting these works for his experiments, but to what extent he was basing himself upon them, that is something I do not know.
Q: Do you know that the main problem with vaccines of Blau and Legren was regarding the way the man reacted to it, the reaction of human beings to these vaccines?
A: I don't understand your question quite.
Q: I was speaking before of vaccine of living weakened virus, and I was asking you whether, when dealing with the research of this vaccine, the main problem consisted in the reaction and vulnerability of the human being?
A: The reaction.
Q: Another subject; can you tell me, Witness, when the Hygiene Institute of the University of Strasbourg was damaged by bombs?
A: On the 25th of September, 1944.
Q: Do you know how many dead there were at that occasion?
A: Four dead.
Q: Can you still remember the names of the dead?
A: Yes.
Q: Go ahead.
A: Dr. Eckstein, the etiologist of the Institute; Paul Schultz, the laboratory clerk or servant; a switchboard operator whose name I cannot remember; and Mr. Maier, the economist of the Institute.
Q: How far was the Hygiene Institute after this damage able to continue to work?
A: The laboratories were transferred to the medical clinic.
Q: And when did the evacuation of the valuable instruments of this Institute start?
A: That must have been as early as August when it started.
Q: I didn't quite understand your reply.
A: I said in August, '44.
DR. FRITZ: I have no further questions.
THE PRESIDENT: Any further cross examination of this witness by any of the defense counsel?
(No reply)
MR. McHANEY: No further direct examination, your Honors.
THE PRESIDENT: Prosecution will proceed. Witness is excused.
(Witness excused)
MR. HARDY: The Tribunal has noticed that the presentation of the typhus experiments has been divided into two sections; that is, two experiments conducted at the Buchenwald Concentration Camp and the experiments conducted at the Natzweiler Concentration Camp. The indictment so stated.
At this time we will present the documentary evidence concerning the activities in connection with the typhus experiments by Dr. Haagen and his colleagues at Strasbourg and Natzweiler. I request the Tribunal to turn to page 70 of the document book where we find Document NO-370 which will be offered provisionally as Prosecution Exhibit Number 294. This is another affidavit of Rudolf Brandt which I will now read.
I, Rudolf Emil Hermann Brandt, being duly sworn, depose and state:
1. I am the same Rudolf Brandt who has heretofore sworn to an affidavit on the 30th day of August 1946 concerning low pressure experiments preformed on involuntary human beings in the Dachau Concentration Camp and to certain other affidavits concerning medical experiments on involuntary human beings.
2. For the same reasons set forth in paragraphs 1, 2 and 3 of my affidavit of 30 August 1946, I am able to make this statement concerning experiments performed on human beings.
Experiments with spotted fever vaccines at the Natzweiler Concentration Camp
3. In the fall of 1943, Dr. Eugen Haagen, Oberstabsarzt and consultant in hygiene for the Luftwaffe and Professor at the University of Strasbourg, requested through Wolfram Sievers of the 'Ahnenerbe' that 100 concentration camp prisoners be made available to him for experimentation on the effectiveness of spotted fever vaccines.
Obergruppenfuehrer Oswald Pohl, Chief of the WVHA, had requested the number of prisoners sent to the Natzweiler Concentration Camp and the experiments were conducted by Dr. Haagen there.
4. Again in the Summer of 1944, Haagen obtained 200 additional prisoners for the spotted fever experiments. In each case it was specifically required that the experimental subjects be in a physical condition comparable to members of the Armed Forces. This was because the vaccines were being developed primarily for the Armed Forces. Haagen was woriking under the auspices of the Medical Service of the Luftwaffe.
5. I had nothing to do with the physical selection of the prisoners used in these experiments. That was handled through Amtsgruppe D of the WVHA, which had administrative control of all concentration camps. However, I do know that experimental subjects were simply picked out and assigned for experimentation. They were not advised of the danger of the experiments, nor could they refuse to go.
6. I am not familiar with the technical details of the experiments but I know that they were carried out. Moreover, I am sure that some of the prisoners died as a result of the experiments. As a matter of fact, the experimental persons were at times not in good physical condition as requested and some of them even died before the experiments began.
7. To the best of my recollection, Haagen also experimented on human beings at Natzweiler with other diseases such as yellow fever, influenza, epidemic jaundice, nephritis virus and cholera.
8. SS Gruppenfuehrer Dr. Karl Brandt, Reich Commissar for Health and Sanitation, Generaloberstabsarzt Dr. Siegfried Handloser, Chief of the Medical Services of the Armed Forces, Generalarzt Dr. Paul Rostock, Commissioner for Science and Research and Generaloberstabsarzt Dr. Oskar Schroeder, Chief of the Medical Service of the Luftwaffe, certainly know of the experiments by Haagen on human subjects. These men were informed of all fundamental events in medical and scientific research and these experiments could not have been carried out without their knowledge and approval.
DR. SERVATIUS: Mr. President, I should like to reserve the right to cross examine the defendant who made this affidavit.
THE PRESIDENT: The counsel's request will be denied if it is intended as a request to cross examine the defendant, Rudolf Brandt, at this time but without prejudice to his making the request at some later date when it may be more appropriate.
MR. HARDY: we turn now to page 73 of your Honors' document book where we find document Number NO-305 which is offered at this time as Prosecution Exhibit Number 295. Here we have the honorable Professor Rose receiving a letter from Dr. Haagen addressed to Oberstarzt Professor Dr. Rose, dated 5 June 1943, care of the Inspectorate of the Medical Service of the Luftwaffe.
Dear Mr. Rose, In completion of our telephone call I received a letter today by Mr. Giroud, copy of which is attached. It reveals that not only 12.5 percent of the vaccinated animals may be used, but that this number concerns rabbits which died on account of an infection. My calculation is not right therefore but, as Mr. Giroud indicates, 30 to 40 persons are still required monthly for the manufacturing of 100 thousand doses. Best Regards, Heil Hitler, Yours.
The reason that the signature does not appear in that these are file copies of the Haagen file which were found by the Allied Forces when they invaded and captured Strasbourg. We turn now to the next document which is Professor Rose's answer to the letter of Haagen.
This is Berlin dated 9 June 1943--
Dear Mr. Haagen: My best thanks for both your letters dated 4 and 5 June and the prompt execution of my request. I have compiled a proposal for the Inspector,...
-- In this instance he is referring to the medical inspector of the Luftwaffe, and on this date of 9 Juno 1943 that office was held by Oberstabsarzt Hippke --
based on your original papers, which I enclosed and requested him to urge the Chief of the Medical Service of the Wehrmacht to order the production of spotted fever vaccine for all armed forces in the Eastern Area. I do hope we shall succeed in this matter.
Now, here we find Professor Rose writing to Haagen and referring to the medical inspector of the Luftwaffe and also referring to the chief of the radical services of the Wehrmacht; that is, the defendant Handloser. They were going to order production of spotted fever vaccine for all of the armed forces in the Eastern Area. There is little doubt Professor Rose engaged in such a tremendous task as this and that he doesn't have complete knowledge of the activities of Haagen and is one of the primary responsible persons in connection with the program to further the production of this vaccine; namely, experimentation at Natzweiler in order to secure a vaccine which can be produced in such quantity to meet the demands stated herein. I continue to read the second paragraph.
Did you hear anything from Department I relative to its position with Mitte? (translated means 'Middle or Center'). It will take some time until '2 F' produces its new research order as Anthony is on a duty trip for several weeks. With best regards, Heil Hitler, Yours /s/ Rose.
This document is Prosecution Exhibit 295 -- pardon me, it is Exhibit 296, Your Honor. Pardon me, I haven't introduced it. It is Exhibit number 296, that is Document number NO-306.
Now, in this last paragraph, Your Honor, we find the gentleman referred to having complete knowledge of the various organizations and whether or not a new research order will be produced, and he has cognizance of the whereabouts of the chief of the medical department for research of the Luftwaffe, Anthony, and his deputy was Becker-Freyseng; and I want to point out that that figure "2 F" has been the one that has been significantly referred to throughout our presentation.
We turn now to the next document, page 75. This is Document number NO120, which is offered as Prosecution Exhibit number 297. Here we find the defendant Sievers addressing a letter to Dr. Haagen dated 30 September 1943. It reads as follows:
Dear Professor: I confirm receipt of your request of 16 August 1943. I shall be glad to help you and have accordingly contacted the proper source to have the desired personnel placed at your disposal. Heil Hitler, /s/ Sievers.
This is a confirmation of Haagen's request for personnel to be used in connection with his experimental program.
The next page is document which has been previously introduced into evidence before this Tribunal. It has Prosecution Exhibit number 189. This was, if you will recall, the report, or letter, from Haagen referring to the fact that these were the urgent research tasks important for the war effort and of military importance that were listed, and I want to again call your attention to Section 2 where they referred to the subject "Typhus". We have the familiar initials, or familiar code letters of that Roman Two B which is the office of Becker-Freyseng. I won't bother to read any further into this document. It has been previously explained in detail.
The next document is on page 78, one which Mr. McHaney introduced this morning, has Prosecution Exhibit Number 293, during the direct examination of the witness Schmidt; therefore, it will be unnecessary for me to read it.
However, you can recall that this is the document in connection with the procurement of prisoners for the experiments. Therefore, Your Honors, I request that you turn to Page 79 of your document book.
Document NO-122, which is offered as Prosecution Exhibit Number 298. We have here a letter dated 3 December 1943, originating from Professor Rose, which is an extremely interesting letter. It is directed to Dr. Haagen. It states:
Dear Mr. Haagen, Many thanks for your letter of 8.12. I regard it as unnecessary to make renewed special request to the SS main Office in addition to the request you have already made. I request that, in procuring persons for vaccination in your experiment, you requisition a corresponding number of persons for vaccination with the Copenhagen vaccine. This has the advantage, as also appeared in the Buchenwald experiments, that the testing of various vaccines simultaneously gives a clearer idea of their value than the testing of one vaccine alone. With best wishes, Heil Hitler, Yours.
Now, it is obvious from the document, Your Honors, that Professor Rose had dictated the letter, and where the signature should be it says "dictated by Professor Rose and signed after his departure." It is obvious that it was dictated by Professor Rose and he was either called away on a trip or something of the like and then it was signed by one of his deputies, and the signature that was illegible but appears below the remark "dictated by Professor Rose and signed after his departure."
I want to call to the attention of the Tribunal the remarks in the first section of this letter: "I regard it as unnecessary to make renewed special request to the SS Main Office in addition to the request you have already made." There seems to be considerable knowledge on the part of the man who denies any knowledge of the details of the work of Dr. Haagen. He was the man who denies that he knew that experimentations would be going on with human beings and there would be virulent virus used. Again he states: "I request that in procuring persons for vaccination in your experiment, you requisition a corresponding number of persons for vaccination with the Copenhagen vaccine.
Now, you can very well recall that defense counsel in the cross examination of Kogon referred to the Danish-Copenhagen vaccine in connection with Buchenwald, and in that connection he said that Rose never initiated any proposals to Mrugowsky or to the Hygiene Institute. I call the attention of the Tribunal to that sentence, and I wonder now if Professor Rose will have the same statement to make in connection in regard to the work at Natzweiler. And he goes on again, and he says: "This has the advantage, as also appeared in the Buchenwald experiments, that the testing of various vaccines simultaneously gives a clearer idea of their value than the testing of one vaccine alone." Being a layman, it may be an erroneous assumption on my part, however, I would think that such a statement would indicate that Rose was completely aware of the work at Buchenwald, and that in suggesting the testing of various vaccines simultaneously in order to test the efficacy of one vaccine against another, it would seem to me it would be necessary to use a virulent virus in connection with these experiments.
Now, after such a letter as this, Professor Rose comes to us and tells us that he had no knowledge that a virulent virus was being used, that he was completely unaware of such a thing. I wonder.
We turn now to page 80, Document number NO-311, which is offered as Prosecution Exhibit No.299. This is a letter from the president of the Reichs Research Council addressed to Professor Haagen.
Honored Professor: The report in triplicate which was due here last fall unfortunately has not yet arrived. At the beginning of the new year we have to render a report of the results ourselves so that we are obliged to request immediate submittance of these records. We invite your attention to the fact that the back of this statement of account may possibly effect a discontinuance of the assigned priorities.
Short reports are requested of about half a typewritten page, avoiding all unnecessary details. Only the particular results are to be shown, not the intentions and projects. Where conditions had prevented the forthcoming of any result, give short explanation. Heil Hitler,
Signed by a man named "Breuer". This is a letter which is obviously referring to Haagen. As you will recall in one other part of the presentation, Haagen was rather lax in some of his reporting. They are now insisting that he submit his reports so that he can continue to receive his subsidy from Reichs Research Council for this all-important criminal work of his.
In this connection, we have the next document which is document NO-138, which is Haagen's answers. This is offered as Prosecution Exhibit Number 300, Your Honor. This is addressed to the President of the Reich Research Council regarding the letter of 12 January 1944. It states as follows:
Enclosed I am forwarding three copies of a report concerning the present status of my experiments, which are being carried out with Reich Research Council means:
1. Epidemic Influenza
2. Spotted Fever
3. Epidemic Yellow FeverAt the same time I have sent two copies of the report on 2. and 3. to the Chief of the War Economy Bureau of the Reich Research Council. /s/ Dr. Haagen.
We turn to next page which is a continuation of the same Document, Your Honors, and we find the reports.
In supplement to my report dated 14 August 1943, I beg to inform you that the research work is concerned with experiments on epidemic influenza, production of typhus vaccines, and etiological study of epidemic jaundice, pass word 'Icterus Strasburg'.
1. Epidemic Influenza, Immunization experiments have been undertaken with a product free from bacteria, obtained from the lungs of mice. The vaccine is obtained from filtration residue and administered to human beings by intra-muscular injection in quantities of 1.10 to 1.5 cubic centimeters and at intervals of about one week. A typical reaction to the vaccine could be observed on some 200 subjects. A certain number of them showed mild forms of influenza with neuralgic and rheumatic symptoms, a mild catarrh of the upper larynx, fever and decrease in the number of white corpuscles.
The vaccine is composed of various cultures, for example, several human influenza virus cultures and a pig influenza virus culture.
After these encouraging observations, attempts are now being made to obtain this vaccine in a form that will permit its conservation. For this the vacuum drying process developed by me is used.
It could be shown by experiments on animals that infected mouse lungs, when dried in the vacuum apparatus and kept in ice at about minus 40 degrees, are still infectious alter a year.
The cultivation experiments on the impregnated and incubated hen's eggs have been carried on. They result in a very rapid multiplication of the virus of the egg. The virus is detectable in the viteline sac and in the allantois as well as in the organs of the embryo. Inoculation from egg to egg must be effected at least every two or three days for the eggs die quickly. From this egg product, vaccine is now being made and its possibilities examined in comparison to those of mouse lung vaccine.
Experiments for the production of a live typhus vaccine are being carried on.
I want the Tribunal to note the words: "live typhus vaccine are being carried on."
Particular attention is given to the conservation possibilities of vaccine obtained in a dried form. For this vaccines which had been stored for five or six months were used. So far, the result could be observed on eight persons. Four weeks after the inoculation a protein agglutination contents of 1:2000 could be observed in a few cases. This leads to the conclusion that the dried vaccine can be kept a long time without losing its antigenous property. It is possible in any case to obtain with this vaccine contents surpassing in value by far that obtained hererto with the usual dead vaccines. These experiments are made with a muriatic culture. Experiments are now being made to find out whether similar results can be achieved with Provazck's epidemic culture. The anti-infectious effect of dried vaccine will be further experimented on human beings.
3) Epidemic Jaundice.
In a large number of jaundice cases, liver extracts and gall were examined for the presence of a virus. By inoculating mice with material from such patients, it has been possible so far to isolate three virus cultures. The first culture has been bred on as many as fifteen successive mice; the other two on three to five successive mice. The mice are infected and slow the charactic symptoms of a virulent disease in both the lungs and the liver. The virus can be successfully bred from mouse to mouse by intra-nasal instillation as well as by intraperiteneal injection. Intranasal instillations too result in typical alterations of the liver when a strongly marked loam color is conspicuously apparent, while a microscopic view reveals round cellular infiltrations round the blood vessels.
In preparations obtained from liver and lung extracts which have been colored with Victoria blue, forms are visible which, according to their size, color and shape, can be described as elementary corpuscles.
It is now being studied whether, in the case of the virus cultures isolated so far, we are in presence of a new, independent virus, possibly a specifically hepatic virus, or rather a virus already known, such as the virus of influenza.
Heil Hitler!
/s/ Prof. Dr. E. Haagen
This report was sent to no less than the President of the National Research Board, and clearly indicates the work of Haagen and can well establish the fact that all these high representatives of the organization, the Reich Research Council, were fully aware of his work and what it meant in a criminal sense.
We turn now, Your Honors, to Page 85. This is Document No. NO-134, which is offered as Prosecution Exhibit No.301. This is a letter -- it doesn't carry too much significance -- dated 3 February 1944, and it is merely Haagen asking his colleague at Natzweiler the following:
At the request of your two camp doctors--
purely the work of Haagen, and here he is sending some thermometers to make the care and the recording of the reports simpler. He continues and says:
I would be very grateful to you if you would send -- me a list of those vaccinated, stating their age and when they were vaccinated.
Then he lists the names as seen on the document: Kauthen, Kramer, Rosef, Paulson, Nales, and Leo.
The next document, Document No. NO-302, which is offered as prosecution Exhibit No.302, is a report by Haagen to the Commander-in-chief of the Luftwaffe, dated 27 April 1944. The report refers to a letter of the 8th of January 1944, and again, Your Honors, we see the familiar code letters Roman numeral 2. B, which at this time, this date, was the office of Becker-Freiseng:
The claim of the Behring plants that the whole embryo could be used for the production of typhus vaccine from chicken eggs has been re-examined. The experiments were made on about two hundred eggs which were infected consecutively. The Rickettsia Prowazeki and also Rickettsias of the muriatic typhus variety were used as virus cultures. The vaccination of the eggs was carried out in the same way as in the preparation of the vitelline-sac vaccine. Age of the embryos at time of vaccinations 7 days; further incubating after the infection: 3 days. The embryos were then recessed separately according to the proportion of Rickettsia in the vitalline-sacs. Organic specimen tests did not reveal the presence of Rickettsia with certainty even when the findings concerning: the vitelline-sacs were positive. It was the same with the total emulsions of the embryos. In order to ascertain whether or not they had an infectious character, normal embryos (vitteline-sacs) were vaccinated with total emulsions so as to obtain an increase even if the presence of Rickettsia-contents in the embryonic tissue was no longer traceable with a microscope. For this purpose a 5.0 cm "Ringer" solution was added per embryo and this mixture was shaken for an hour. after these eggs had been incubated for five days, test compounds were made from the vitelline-sacs of these eggs.
In no case could the presence of virus be proved through these cultures; no positive results were obtained either by using microscopes or by any other method.
The above experimental results therefore correspond with the opinion of Professor Gildemeister, president of the Robert-Koch Institute, who rejects the possibility of using the whole embryo for the preparation of vaccine. If, however only such chicken embryos are used whose vitelline-sacs are rich in Rickettsia, the adding of the total embryonic tissue would hardly influence the quality of the vaccine, since the additional dilution obtained by the total embryonic tissue can then be disregarded. Since the degree of infectiousness of the vitteline-sac tissues used by the Behring Plants cannot be determined from here, we cannot decide, based on the examinations on hand, whether the vaccine in question used by the Behring Plants has the same effect as the vaccine prepared only from the vitteline-sacs as customary up to now. Referring to an experiment carried through by the Robert-Koch Institute several years ago, it may be left undecided whether the increased production aimed by the Behring Plants by using the whole embryo does not prejudice the efficacy of the vaccine. In.../... line with my previous findings which are being confirmed once more by the examination on hand, we are obliged to share for the the being the opinion of the Robert-Koch Institute which admits only the use of vaccine extracted from vitelline-sacs, for the addition of the total embryonic tissue, which is very poor in Rickettsia to say the least, would be likely to introduce a serious factor of uncertainty because of the large limits within which the Rickettsia contents are bound to move.
/s/ Oberatabsartz Prof. Dr. E. Haagen
Now the next document is on Page 88 of Your Honors ' document book. Document No. NO-123, offered as Prosecution Exhibit No. 3O3. This is dated 9 May 1944, from Professor Haagen to Hauptamt SS through his distinguished Strasbourg colleague, Professor Dr. Hirt, the collector of skeletons, Anatomical Institute of the Reich University Strasbourg:
I enclose herewith a carbon copy of a paper on our experiments with a dry spotted fever vaccine. The paper was sent as a manuscript to the Chief of the Luftwaffe Medical Service with the request for permission to publish it.
I wish to point out at this time, Your Honors, that on 9 May 1944 you will recall that the defendant Schroeder assumed the job as Chief of the Medical Service of the Luftwaffe, in early '44. At this time this was the position of Schroeder:
It constitutes a report concerning further experiments with a spotted fever vaccine which has not been made sterile by chemical agents or by heating. As may be seen from the results, it has been possible to produce a vaccine which provides not only an anti-toxic immunity but also a definite anti-infectious immunity Which is of a particular practical significance. However, it is clearly pointed out that the vaccination is followed by a rather long fever reaction and therefore its introduction cannot yet be recommended. Further tests are now in progress to alter the vaccine so that, without losing its antigenic property, it will produce so weak a reaction that no general indisposition will result. These tests will be made by reducing the dose or by storing the vaccine for a longer interval.
To carry out this research, experimental subjects will again be needed. I, therefore, again request that subjects be furnished to me for this purpose. In order to obtain results which are exact and which can be statistically evaluated, I ask that two hundred persons be furnished to me for inoculation. I may point out that they must be in a physical condition like that of members of the Armed Forces.
It is highly desirable that I again be permitted to carry out these experiments at Camp Natzweiler.
/s/ Prof. Dr. E. Haagen
This is Haagen's second request for inmates to be used. Defense will bring up, and it is quite obvious that this letter apparently indicates the use of a virulent virus did not appear. This letter would indicate that this was merely experimentation with the vaccine and vaccinations were made. However, we want to impress upon the Tribunal that the major defense on the part of these defendants will be the absence of a virulent virus. We have had several witnesses here to testify on this documentary evidence introduced today that is conclusive enough to show that these experiments were not of the nature that they so state.
We turn again to the next document, page 89 of your Honors' Document Book and in this connection here friend Wolfram Sievers writing to Dr. Haagen. This document is NO 008 and it is offered as Prosecution's Exhibit No.304, dated 19 May 1944. Subject -- This letter is addressed to Oswald Pohl. I am sorry, the letter is addressed to Oswald Pohl. You will recall that Dr. Lolling was mentioned considerably in the testimony of Kogon. That was the man that was in the place from four to six weeks.
To the SS-Obergruppenfuehrer and General of the Waffen-SS POHL Chief of the SS-Economic Administration Main Office. Subject: Production of a new type of spotted-fever vaccine. Letter of 25 October 1943.
Dear Obergruppenfuehrer:
In compliance with our request of 30 September 1943 you approved on 25 October 1943 the carrying out of experiments for the production of a new type of spotted-fever vaccine, and for this purpose transferred 100 suitable prisoners to Natzweiler. With the assistance of the Chief of Office D-III SS-Standartenfuehrer Dr. Lolling, who was acting on your orders, the experiments have so far been carried out with the greatest success. From the findings of the report on hand it can be seen that success has been achieved not only in gaining an anti-toxin immunity with this serum, but also -- which should be of the greatest practical importance -- a pronounced anti-infectious immunity. The injection, however, is still followed by a fever-reaction of a fairly long duration, so that its introduction for protective injections in its present form cannot as yet be recommended. More extensive investigations have been initiated now in order to convert the vaccine to the extent that, whilst fully maintaining its antigenity, the reactions caused will be so weak, that a considerable deterioration of the general condition will no longer take place. We wish to test if this can be achieved by lowering the doses of the vaccine, as well as by storing the vaccine for a longer period.
The new vaccine is already in process of manufacture, so that further experiments could be immediately started if further suitable persons are on hand for experiments. I request therefore that you transfer persons once more to Natzweiler for this purpose. In order to achieve results as exact as possible and also statistically valuable, 200 persons would have to be furnished this time for injections.
It is again necessary, however, that the latter by physically in much the same condition as members of the Wehrmacht. Should there by urgent reasons why 200 experimental persons cannot be transferred to Natzweiler, then these experiments could be carried out in another concentration camp, even though this would create the greatest difficulties. In that case the overcoming of these difficulties would have to be the task of the scientists employed, although they are, at the same time, under contract to Strasbourg University for their lecturing work, as the results which are definitely obtainable are of the utmost importance for maintaining our soldiers in good health.
As I have reported to you, the direction of the experiments lies in the hands of the Director of the Institute of Hygiene of the Reich University of Strasbourg, Professor Dr. Haagen, Chief Medical Officer (Oberstabsarzt) and consulting Hygienist to an air fleet, who was charged with this task by the Reich Marshal, President of the Reich Research Council. According to regulations Dr. Haagen must report to the Chief of the Medical Service of the Air Force concerning his work, in connection with which it must be mentioned with whose support the work is being carried out, these are in the first place the Reich Research Council, and secondly the SS, I request your decision of one of the following is to be named as supporting agency of the SS:
(a) The Reich-leader SS (b) The SS-Economic Administration Main Office (c) The Institute for Military Scientific Research of the Waffen-SS.
That's the VHA.
JUDGE SEBRING: Mr. Hardy, will you please read the last line? Are you reading from the original or reading from a translation?
MR. HARDY: I am reading from a translation.
JUDGE SEBRING: I wish that translation.
MR. HARDY: The connection is in the middle of the page. It says "Second sheet, page 2 of the original."
JUDGE SEBRING: No.
MR. HARDY: The very last line.
JUDGE SEBRING: "I request your decision of one of the following is to be named as supporting agency of the SS." I should like for one of the translators, if I may, if he has the original German, to translate that.
INTERPRETER: "I request for a decision whether the supporting agency should be designated as SS. (a) The Reich-leader SS (b) The SS Economic and Administration Main Office (c) The Institute for Military Scientific Research of the Waffen-SS.
MR. HARDY: I think our copy might read better if the word "of" was changed to "which" or "if". Turn to page 91 in connection with the same document and we see a copy was sent to Standartenfuehrer Dr. Brandt and Rudolf Brandt for information. He received and the initials appear. Turn now to page 92, Your Honor, Document Number NO-009. It is offered as Prosecution's Exhibit No.305. It's a letter from Rudolf Brandt to Sievers dated 6 June 1944.
Subject: Production of a new kind of inoculation material for spotted fever.
Dear Comrade Sievers:
Many thanks for sending me the copy of your letter of 19 May 1944 to SS Obergruppenfuehrer Pohl. I have informed the Reichsfuehrer SS, as the matter seemed important enough. As to the question of who is to be appointed as supporting office of the SS, the Reichsfuehrer SS was of opinion that the SS Economy Practical Research of the Waffen SS should be mentioned. Moreover it might then also be said that the Reichsfuehrer SS had personally fostered the experiments.
Heil Hitler!
/s/ Rudolf Brandt
These two letters, your Honor, indicate the importance of these gentlemen of being recognized for their participation in any of this experimental work.
We will see later that all of these organizations, whether they be the Reichs Research Council of the Luftwaffe, or the Wehrmacht, or the SS, or whatever they may be here, during the time of the experiments they all were desirous of securing the good-will and the congratulations for their work and here now they are consistently denying it. We turn now to Document127,. You will note in the Document Book, your Honor, that pages 92 and 93 are the same documents which have erroneously been put in twice and so if you will turn to page 94, it's document No. NO-127. It will be offered as Prosecution's Exhibit No.306, dated 27 June 1944. It's addressed to Professor Hirt, Anatomical Institute of the Reich University, Strassbourg, its a letter *****Haagen to Professor Hirt.
Subject, The Tests of dry vaccine for spotted fever.
With reference to and in amplification of my communication of 9 May 1944, I wish to advise that after the vaccination itself no prolonged reaction as was observed in the preliminary experiments, is expected so that there should be little or no interruption of work.
However, in the subsequent inoculations with virulent spotted fever which are to be made for the purpose of testing the protective vaccine, one must count on sickness particularly in the control group which has not received the protective vaccine. These after-inoculations are desirable in order to establish unequivocally the effectiveness of the protective vaccines. This time 150 persons will be used for the protective vaccine and 50 for the control inoculations.
I should like to point out again that it is necessary that these experiments be carried out on persons whose physical condition is comparable with that of members of the Wehrmacht.
Heil Hitler:
/s/ Professor Haagen
MR. HARDY: Now you will recall I mentioned in connection with one of the documents it did not indicate whether or not there was any use of the spotted fever virus. They requested these prisoners to be brought out there merely to test their vaccine, but now we have a letter of the experimenter himself clearly outlining to his colleague Hirt as follows: In the second paragraph:
In the subsequent inoculations with virulent spotted fever which are to be made for the purpose of testing the protective vaccine.
We also see that they are familiar with the Control Group which was mentioned by Dr. Haagen, the group which was at Buchenwald, the witness Kogon stated that "Resulted in ninety-five per cent fatalities." We turn now to Document Number NO-128, which is offered as Prosecution's Exhibit No.307. This is dated 7 July 1944. This is another letter on the same subject in connection with Haagen. It is an approval of the Memorandum of Oberstabsarzt Professor Dr. Haagen and B. Crodel.
Experiments with a new dried typhus vaccine II. Report.
To Airfleet Physician Reich.
There are no objections against the publishing of the memorandum. However we call attention to the fact that the presentation of the infection results in diagram 1 and 2 differs from the usual presentation of vaccination results concerning typhus and makes it more difficult for the reader to evaluate. In examining typhus vaccines with regard to animals and men the presentation of the vaccination-results is made by average curves from the fever-curves of all experimental subjects on one side and of the control persons on the other side. Supplementary to these average curves the number of persons that fell ill or reached a certain temperature is given. Besides it would have been better if both diagrams had been elaborated up to the time when the complete and constant absence of fever of all experimental subjects was recognized.
And we have the signature of Oberstabsarzt and Commander. Note on the bottom full approval. Forwarded to Oberstabsarzt Dr. Haagen, enclosure of one manuscript and the initials "AB", but here we have the medical academy of the Luftwaffe which on the date you will notice in 1944 after the defendant Schroeder had taken over as Chief of the Medical Service of the Luftwaffe, approving the publication of this letter and the letter clearly indicates that this publication or report was sent for approval was one being used with the experiments which were conducted on human beings when the Control Group was used.
We see down here about nine or ten lines starting with the words, "Of the control persons on the other side."
We turn now to the next Document, Your Honors, an page 97. It is Document Number NO 129. This is offered as Prosecution's Exhibit No.308. It is a letter from Dr. Hirt to Haagen dated 19 September 1944. Pardon me, Your Honor, there seem to be two dates. May I see the original?
(Original is handed Prosecution Counsel).
MR. HARDY: The original contains the date of 10 July as the date underneath. It is dated 10 July 1944.
Professer Haagen:
My Dear Colleague:
The Reichsfuehrer SS requests that your publication contain the following paragraph.
Research was conducted by order and with the assistance of the Chief of the Medical Service of the Luftwaffe as well as with the assistance of the Reich Research Council (Reichsforschunsrat) and was furthered by the SS Reichsfuehrer SS personally as well as by the SS Economic and Administrative Main Office, and the Institute for Military Scientific Research of the Waffen-SS.
Here we are, your Honors, seeing that everybody wants their due credit for the work conducted by Haagen and that they state here that the Reichsfuehrer SS requests that they show and state the research was conducted by order and with the assistance of the Chief of the Medical Service of the Luftwaffe, the defendant Schroeder with the assistance of the Reich Research Council, an organization in which many of our defendants in the dock were members of, Brandt, Rostock, and Blome to mention a few. Also the SS asks for their usual compliments.
We turn now to the next Document on page 98. It is Document number NO 131. It is offered as Prosecution's Exhibit No.308, dated 29 August 1944, coming from the high command of the Luftwaffe, Chief of the Medical Service, Office of the defendant Schroeder, subject: "Spotted fever research order."
This is addressed to (1) Chief Staff Surgeon, Professor Dr. E. Haagen Institute of Hygiene of the Reichs University of Strassburg.
(2) Science and Research Group of the Medical Academy of the Luftwaffe.
(3) Chief of the Medical Service of the Luftwaffe, Ref. Haushalt.
1. The research dealing with the dry spotted fever vaccine from vitelline sac cultures is to be continued. Therefor the 4,000 RM requested for the research fund are being placed at your disposal,
Now, this paragraph contains "Chief of the Army Medical Service." I want to point out the translation is erroneous. It's "Chief of the Wehrmacht Medical Service" or "Chief of the Armed Forces." At this time there is quite a discrepancy because Dr. Handloser is no longer Chief of the Medical Service of the Army. He dropped that position in 1944 and continued on as Chief of the Medical Service of the Wehrmacht and this next paragraph should read as follows:
II. A decision as to the establishment of a vaccine manufacturing plant cannot yet be made because the Chief of the Wehrmacht Medical Service, who alone is competent to decide upon the procurement of vaccines has not yet taken a stand in the matter.
III. Please advise whether it may be assumed that the spotted fever epidemic prevailing at Natzweiler at present is connected with the vaccine research.
IV. The report of 21 June 1944 in which the investigations at Natzweiler are mentioned should have been sent as secret. In the future this procedure is to be as follows.
The signature seems to be illegible. The signature is of a man Kahn who was Chief of Staff for Schroeder. Mr. McHaney has another thing to point out in connection with the translation of this document.
You will notice on the letterhead or the heading of the latter it says "High Command of the Luftwaffe, Chief of the Medical Service." And it says, "Code designation." That code designation contains our familiar letter Roman Numeral two -2A. That is also the office of Becker-Freysing. I want to point out in this letter, Your Honors, that here mention is made that the decision of the Chief of the Wehrmacht Medical Service has not been obtained and that he alone is competent to decide upon the procurement of vaccine. Now, this research work and its entire experimental program was initiated in the first instance by the defendant Handloser when the conditions in the East started to exist and here now no less than the Luftwaffe is stating that they looked to the Medical Service of the Luftwaffe for a decision. Again we notice in paragraph three it says: "Please advise whether it may be assumed that the spotted fever epidemic prevailing at Natzweiler at present is connected with the vaccine research," but we have pointed cut this letter is signed by a deputy of Schroeder. Now from such a remark as this it is quite evident that the writer is fully aware of the face that a virulent vaccine is being used in connection with the experiment. He is concerned and wants to know whether or not they have been careless and whether by the use of the virulent vaccine an accident has happened which occasioned the epidemic at that time prevailing in the concentration camp itself apart from the experimental work. We turn now to Document Number NO 132.
THE PRESIDENT: The Tribunal will now recess.
(A recess was taken).