1947-01-09, #4: Doctors' Trial (late afternoon)
THE MARSHAL: The Tribunal is again in session.
MR. HARDY: Your Honor, it has just been called to my attention that upon completion of the presentation of the Typhus Experiments we will then proceed with the presentation of the evidence in connection with the mercy killings or the Euthanasia Program. I did not have the opportunity to contact the General Secretary and ask him to have the books ready for that time. I suggest now that we continue with this presentation, and recommend that the books be brought to you as soon as they are available; that is, if you have not already got them.
We will now turn to page 99, which is Document No.132, and which is Prosecution's Exhibit No.310. This is on the letterhead of Chief Staff Surgeon, Professor Doctor E. Haagen, Strassburg, and it is to the High Command of the Luftwaffe, Chief of the Medical Service, Saalow, Post Zossen-Land. The subject is: "Spotted fever research order."
Reference: Your communication dated 29 August 1944.
And, in reference to the code designation: In addition to the other letter to Roman Numeral II A, the office of Becker-Freyseng appears thereon in the original.
In reply to communication of 29 August 1944, paragraph III, we hereby inform you that no connection existed between the cases of spotted fever in Natzweiler and the examinations dealing with the spotted fever vaccine that is to be tested. In these cases it is rather a question of illness that has been carried into the camp from the outside. They have no influence on the course of the investigation.
This is apparently a clarifying letter to the inquisition of the chief medical service of the Luftwaffe in previous documents.
We now turn to Document Number NO-133, which is offered as Prosecution Exhibit Number 311, dated 21 October 1944, from Haagen, Camp Surgeon of the concentration camp at Dachau, Bavaria.
Dear Comrade: I have instituted spotted fever research at the Natzweiler Concentration Camp. The Dutch prisoner drew up the fever curves for this investigation and, according to information from Dr. Rode, took these curves along. It was agreed that these curves which were also prepared for me would be sent to me after the termination of the investigation. I kindly request that you send them to me and, moreover, to my alternate address: Durlazarett der Luftwaffe (8) Oberschrieberhau in the Riesengebirge.
We note the asterisk in connection with the Dutch prisoner, and, at the bottom, the name "Crediet" (physician) appears. In the testimony of the witness Schmidt the Tribunal asked whether or not the prisoner as excepted was a Danish prisoner, I believe. This is a Dutch prisoner who assisted Haagen in his work, another doctor.
We now turn to Document Number NO-135 in answer to the letter of Haagen. We offer this as Prosecution Exhibit Number 312, dated Dachau, 30 October, 1944).
In reference to your communication of 21 October 1944, I inquired of the Dutch prisoner physician (Crediet) concerning the fever curves desired by you; and enclosed I am sending you the fever curves which are on hand here. According to C (or Crediet), the original curves are still at Concentration Camp Natzweiler, Block 8, Diphtheria Room. Heil Hitler, the 1st SS Camp Surgeon, Concentration Camp Dachau.
The next document on Page 102 of your Honors' document book is NO-136, which is offered as Prosecution Exhibit Number 313, dated 16 November 1944. This is a letter about curves and apparatus to the chief surgeon at the Natzweiler Concentration Camp.
Dear Colleague: To my great surprise I note that in spite of several requests the following apparatus:
1 Autoclave
1 Steam vessel
1 Round dry sterilizerloaned to you or your predecessor, Dr. Plaza, have not yet been sent back.
Due to the bomb damage to the institute, I now have urgent need of the apparatus. I wish to remind you of the fact that this apparatus was not delivered for my investigations in Natzweiler but for the use of the Camp Surgeon. I must admit that I was greatly astonished that my desire has not yet been complied with and that we are not yet in possession of the apparatus I therefore request that the apparatus be sent back at once.
In regard to the fever curves I have addressed the Camp Surgeon at Dachau. He informs me that the fever curves are still in your possession. Since these fever curves were prepared especially for me and since I need them for making a report to the Reich Fuehrer SS and the Reich Minister of the Interior, I again request that you send me these curves immediately.
Now, your Honor, on Page 103 we have Document Number NO-883, which is offered provisionally as Exhibit Number 314. This is an affidavit.
DR. OTTO NELTE: Counsel for the defendant Handloser. The prosecution is about to submit an affidavit of Olga Eyer. I object to the use of this affidavit on the basis of the translation which I have, assuming that the original corresponds to the translation. If, Mr. President, you will read Document 883, you will find that the last sentence does not say to whom this statement was made and before whom it was sworn. The last sentence reads, in the translation which I have here, "In Strassbourg on the 18th of November, 1946, sworn and signed. (Signature) Olga Eyer." There is no other indication about the statement; it is followed only by the translation certificate of the 20th of December 1946.
I believe, therefore, that this document as it is given here is not admissible evidence according to Article 7. The last sentence in the statement reads: "I had to make some changes." It seems to me to require clarification for what reason the witness had to make changes. The statement itself on the second page of the German translation contains the following sentence: "I admit that I also had to send reports to the OKW, The High Command of the Wehrmacht." In the sentence preceding this quotation and the sentence following the quotation, it seemed to indicate that this is an addition which was made for reasons of expediency and which I can explain only if the witness is here personally.
In the last paragraph the witness says that her testimony consisted of one page. In the translation which I have here, in he middle of the second page, it says: "Page 2 of the original," so that I must assume that the statement as made by the witness Eyer consists of two pages.
Whether this is of any significance can be settled only if the witness appears here. For that reason I request that the witness be called personally in order to clear up the various objections which I have presented.
DR. HANS PRIBILLA: Dr. Pribilla for the defendant Prof. Rostock. I join in the application of my colleague Nelte for a material reason. On the second page of the document the Eyer affidavit contains a direct charge against my client, Prof. Rostock. It is said here that Haagen received a subsidy from the Reich Research Council for his experiments and that the correspondence was signed by Rostock. It is also said that Haagen was in touch with Rostock. These two things have not appeared as yet in any form, neither in that the prosecution has assorted that Rostock was among the managers of the Reich Research Council, nor has the prosecution as yet submitted a document which might allow one to conclude a correspondence with Haagen.
If the correspondence is not available and this affidavit is taken note of by the Court, then one could conclude that Rostock was informed of what Haagen did. Then it could have been a scientific correspondence on quite another subject. For that reason I consider it important and ask the Tribunal to call the witness for cross examination.
DR. TIPP: Dr. Tipp for the defense counsel of the defendant Schroeder. Mr. President, I join in the statements of my two colleagues. I also consider it absolutely essential that the witness appear here personally so that certain contradictions arising from documents hitherto presented may be cleared up. On Page 2 of the German translation the witness says that every three months reports on the experiments went to the head of the Inspectorate of the Medical Service of the Luftwaffe. Such reports have not yet been presented by the prosecution.
If these reports are not available, if there is only this testimony of this witness, the Court would have to conclude that the head of the Medical Service of the Luftwaffe, the defendant Schroeder, or his agent was informed about the details of the experiment.
These points are of decisive importance for the defendant Schroeder, at least for this point of the indictment. Therefore, I would have to cross examine the witness. Therefore, I request that the witness be called to the Court.
MR. HARDY: If it please the Tribunal, the primary problem seems to be one of translation. This document, the original, is in the French Language; and it has been translated into English as well as into German; and obviously some of the German translations are rather loose.
However, I wish to pass it up to the Tribunal for consideration. I want to point out that the changes referred to are initialed by the affiant. The document was typed and composed by the investigator of the staff and then the affiant read it over and placed her initials wherever she corrected it. I do admit that the oath here does not appear in the German translation, which is another error on the part of the translation department; but it does appear, however, on the original and is on the English translation. I do concede that there is a mistake in regard to the one page of the French language; and it would be necessary that I contact Mr. Favarger. I am sure that it must have been a typographical error or an omission. I can have that rectified.
As to the attack on the part of the defense so that they desire to cross examine the witness, we have not been able to bring her here to Nurnberg; and I submit that it might be feasible to carry out an order similar to the one of the Tribunal this morning and interrogatories may be sent and she may answer same and return them to the Tribunal or to the defense counsel.
THE PRESIDENT: What reason is there, Counsel, that the witness cannot be brought here from Strassbourg to testify in person before the Tribunal?
MR. HARDY: Just a moment, your Honor, I'll have to consult with Mr. McHaney about that. He has more of the details.
MR. McHANEY: If the Tribunal feels that it is desirable to bring Miss Eyer here, we shall endeavor to do so. It may be a bit difficult to get her here before we complete the remainder of our case in chief. Consequently, I would suggest if the Tribunal feels that it is imperative to have her brought here that the prosecution be permitted to read into evidence this affidavit while reserving the right to put additional questions to Miss Eyer if she comes to Nurnberg and takes the stand. In other words, we shall go ahead and put in our affidavit now; and then when Miss Eyer is brought here, which will probably be after the completion of our case in chief, the prosecution can be given the right to initiate the examination of the witness. After we have rested on our examination, then she can be cross examined by the defense counsel.
THE PRESIDENT: In any event the translations of the document apparently need revision; the translation into German; possibly the translation into English.
MR. McHANEY: I don't think there is any serious difficulty about the German translation. They were pointing out certain conflicts apparently; but I do not think they run to the substance of the document itself.
THE PRESIDENT: Apparently the document does consist of one page.
The only portion signed by the witness on the second page except for the verification and the swearing to the document, there are no statements of fact apparently on the second page.
MR. HARDY: That is correct, your Honor. I might add, your Honor, that if we could possibly -- the English seems to be a comparatively good translation by Mr. Fardachet. The German is translated by another translator conversant in the French and German languages, and reading the English into the records from the translating unit here may provide a better translation for the purpose of Defense Counsel.
THE PRESIDENT: It might be of assistance to Counsel and Tribunal if the translators would read the top paragraph on the second page signed by the affiant. Translate that both into German and English. I would like to hear the English translation on it.
MR. HARDY: Does the Translation Department have anyone conversant in French there at this time?
THE TRANSLATOR: "I have carefully read the above deposition; it consists of one page. I can say that it constitutes a correct and truthful deposition. I have made this deposition freely, and I have not been promised any reward for it. I had an opportunity to make changes and corrections in it. Sworn and signed at Strasbourg 18 November 1946. Olga Eyer."
THE PRESIDENT: This translation simply calls attention to the fact that the affiant had the opportunity to make changes. The translation does not say that she desired to make any changes in it. Some changes, slight changes, in the affidavit are noted, but the certificate merely states that the opportunity was afforded the affiant to make changes.
It seems to me, Counsel, that this witness, in view of what she stated in the affidavit concerning certain of the defendants should be brought to Nurnberg to testify before the Tribunal, if possible.
MR. HARDY: The Prosecution will make every effort to carry out that request, your Honor. At this time, your Honor --
THE PRESIDENT: I understood Counsel for the Prosecution to say that this phase of the case would be completed this afternoon.
MR. HARDY: That's correct, your Honor. We have the presentation of the typhus experiments. The document book here should be completed this afternoon We have a mere twenty pages to complete.
THE PRESIDENT: I am not sure from the arguments introduced by Defense Counsel whether they had other objections to the translation. Would it not be feasible to postpone the reading of this affidavit till tomorrow. Take it up then out of order if you proceed with something else this evening. In the meanwhile, the translation can be verified. The entire translation of the document from English into German can then be verified.
MR. HARDY: Yes, your honor. I turn now to page 106 of your Honors' document book which is Document NO-885, which is offered as Prosecution Exhibit 314. This is an affidavit. It reads as follows:
I, the undersigned, Dr. Victor Eugene Schuh, depose and state:
1. I was born on April 23, 1914 in Hunsbach and am a French citizen. I attended the high school in Schlettstadt and the University of Strassbourg, where in the year 1938 the degree of Doctor of Medicine was conferred upon me. My special field is bacteriology.
2. After I had practiced with various professors, I was in 1941 named Scientific Assistant in the Melical Research Station which was located in the Hygienic Institute of Strasbourg University.
The head of this Institute from earlier 1943 was Professor Eugen Haagen.
THE PRESIDENT: I believe your translation reads "1942", Counsel.
MR. HARDY: Pardon me, your Honor. Pardon me.
He was Oberstabsarzt and Hygienic consultant of the Luftwaffe. As I was from the end of 1940 a member of the underground Communist Party and as I was interested in the fate of my comrades imprisoned in Natzweiler and Schirmeck, I tried to get information about Haagen's activity. Haagen had explained himself -- it was an open secret -- that he had the intention of carrying out experiments on prisoners in Natzweiler and Schirmeck.
3. I commissioned Mr. Robert Meyer, who was Administrator of the Institute and belonged to a resistance group and who had a lot to do with Haagen and his Assistant, Dr. Grafe and was on good terms with these two to spy on their activity in the two concentration camps. Meyer was specially able to do this job because Haagen had cattle in the Institute, at the cost of the State, for experimental purposes, but in truth he had them for his own table, and he counted on Meyer for the illegal butchering of this cattle. With Grafe, too, Meyer had come to a rather good understanding.
4. From 1942 until 1944, that is, until the departure of Haagen from Strasbourg, I received from Meyer current information about Haagen and other important information concerning other matters through Meyer, too. I have known him as an absolutely reliable character and, for this reason, I can credit the truth and rightness of his information. Meyer was killed during an air raid in September 1944.
5. Early in 1943, Professor Haagen asked me to study with the Weil Felix reaction about thirty blood tests which he gave to me. I remember well that all the names had a Slavic sound with the exception of the names Buck, Adloff and Hirtz. This reaction requested by Haagen could only concern a spotted fever research. Grafe told me that this concerned itself with measures to standardize experiments with Haagen's vaccine.
6. In the beginning of 1944 after a long absence from Strasbourg, I visited Mr. Meyer to get some information from him. On this occasion Meyer told me that Grafe had in his presence admitted that Haagen had tested this new vaccine initially. Later, though, they infected prisoners of concentration camps with living spotted fever virus.
7. I know that the researches described under 5. were made in the concentration camp of Schirmeck and that Grafe took a direct part in all of them. Haagen and Grafe spread the rumor in the Institute that nobody should have any thoughts against these experiments since no Alsatians but only Poles were used as human guinea pigs. From Meyer I have learned, too, that Haagen together with Professor Hitr made some trials of combat gas (Kampfstoff, Lost) in Natzweiler on Jewish prisoners.
8. Haagen let it be known to all personnel and even to the charwomen that everything they learned either officially or unofficially must be kept very secret and that a breach of this secrecy would be punished very severely. I know that from the people who used to work there.
This affidavit, your Honor, pretty well corroborates the documentary evidence read in the record here today. I now turn to Document number NO-304 which will be offered as Prosecution's Exhibit number 315. This is dated 22 November 1946 in the English translation. That is an error. The original is 22 November 1942. This document concerns --
JUDGE SEBRING: 22 November?
MR. HARDY: 22 October 1942. 22 October 1942. This document, your Honors, concerns the yellow fever work. This is addressed to the Inspectorate of the Medical Service of the Luftwaffe, who at this time was Hippke, regarding research orders:
For the establishments of the research laboratories of the Hygienic Institute the apparatus named on the enclosed list was ordered about a year ago at the firm Franz Bergmanh and Paul Altmann in Berlin. As I am now informed by the firm there is no possibility of manufacturing and, therefore, no possibility of delivery unless the apparatus is indicated on the SS-priority list. Since the apparatus is all needed by L. In. 14
-- the familiar code letters of the signature of Anthony --
for the fabrication of vaccines it is requested to grant this priority to the firm Bergmann and Altmann for the execution of the order.
Furthermore, it is requested to place at disposal permits for --
I have a letter out of my book here--
Furthermore, it is requested to place at the disposal permits for iron in the smallest possible tickets for the current procuring of smaller appliances made from iron, as, for instance, wire appliances for animals' cages, tacks, small tools, etc. At the moment 100 kgs. are wanted.
At the same time a new sketch for the direction of use is submitted which is to be enclosed in the packages of yellow fever vaccine with the request of quick dispatching so that the direction for use might be printed now. /s/ Stabsarzt Professor Dr. Eugen Haagen.
Now, in this connection as part of the same document we have the attachment mentioned.
Direction for use for the yellow fever vaccine matter of the Hygenic Institute of the University of Strasbourg. Attenuated live yellow fever virus from mice brains.
Contents of Package: 1. glass tube of dried vaccine (color ranging according to blood composition of brains, from white to reddish.) 2. glass tube containing 2 cm. distillated, sterilized water.
-- Continuing on to name the contents of the package, we have the section on the preparation of the vaccine. It gives us the detailed information which would be of interest to the Tribunal, but I refrain from reading it here.
The third section is the process of vaccination.
One package provides fifty inoculations. Use a sterile point for each inoculation. Vaccination is administered on the upper arm like vaccination against smallpox. Cleanse arm with alcohol, other or spirit (not with tincture of iodine.) Dip vaccine point in tube, superficially scratch skin and thoroughly rub in vaccine with point. Let it dry. No bandaging. After use, the vaccine should be rendered harmless by boiling or by dipping tube into a liquid disinfectant. Ice vaccination is not followed by skin reactions. General symptoms are usually absent. Occasionally, mild headaches or physical discomfort occur. Any serious reactions, especially manifestations of jaundice or albumin must be reported immediately to the Health Inspectorate through official channels, mentioning Op. No.
Now we turn to the next page, 112, document number NO-297 which is dated 14 July '43. This is offered as Prosecution's Exhibit No.316. "Subject: Research Order for Yellow Fever Vaccine," and here in the reference we see again our familiar code letters, L. In. 14, and then in parenthesis "2, Roman Numeral II. B." At this time it was Anthony addressed to Stabsarzt Professor Dr. E. Haagen:
The Inspectorate of the Medical Service of the Luftwaffe requests discontinuance of the further current production of yellow fever vaccine and of the formerly prescribed availability of 50,000 portions of vaccine.
It is, however, requested to keep the equipment (animals, yellow fever cultures, instruments, stock of wrapping material and vessel for consignment, etc.) ready for use so that it may be possible at any time to restart production of yellow fever vaccine to the formerly provided extent on order of L. In. 14.
The Inspectorate requests the continuance of the work for the technical development of the procedure of vaccination and of the production of vaccine.
Now a copy of this letter was sent -- it shows on the document this information --- to Physician for Air Fleet 3. Air Gau physician VII, Reference 4, Professor Rose.
In this connection, we have the next Document, which is very interesting on yellow fever, No.139, offered as Prosecution Exhibit 317. This is dated 7 March 1944. It is a letter from the high Command of the Navy, Dr. Grunske, addressed to Dr. Haagen at Strasburg:
In connection with my letter of 26 February and your long distance telephone call of 6 March, I must advise that the Japanese Oberstabsarzt has in the meantime contacted Oberstarzt Prof. Dr. Rose of the Luftwaffe Medical Service and that the latter has promised to secure for him from Strasburg all the accounts concerning the yellow fever virus experiments which are important to him. Therefore, Oberstarzt Dr. Rose will give you further do tails. I therefore ask that the matter be considered closed between us.
Here we have Prof. Rose aiding the Japanese doctor in securing all the accounts concerning the yellow fever virus experiments. The fact that Professor Rose would give all of the accounts of the yellow fever virus experiments to the Japanese doctor indicates he must have been in pretty close contact in order to fulfill this request.
We turn now to the next document, Document No.310, which is offered as Prosecution Exhibit 318. This is dated 19 April 1944 and is from Haagen:
Subject: Production of Typhus-vaccine.
To Air Fleet Physician Reich
Enclosed herewith I am submitting the copy of a letter I addressed to the Reich Minister of Aviation and Supreme Commander of the Luftwaffe, wherein I suggested the establishment of a Typhus Vaccine Production Center at the Hygiene Institute of the Reich University at Strassburg.
Subject: Production of Typhus-Vaccine
To the: Reich Minister of Aviation and Supreme Commander of the Luftwaffe, Quartermaster-General Chief of Medical Service of the Luftwaffe
-- who was at that time the defendant Schroeder.
The following suggestions are made regarding the establishment of a production station for Typhus-Vaccine for the Wehrmacht at the Hygiene Institute of the Reich University at Strassburg, based on a monthly production of vaccine for 100,000 persons.
Now, the next page contains merely what is necessary to sot up the institute, linen, tools, furniture and the like. We pass on to Page 117 of Your honors' Document Book, at the bottom of page three. It pertains to Specialists concerning personnel:
1 Specialist-Bacteriologist for assistance and replacement during my absence, on trips in connection with my duties as consulting hygienist. He must be able to take over all responsibility so that this work may continue undisturbed. I am considering Staff Physician Dr. Kairies, assistant Professor and lecturer at the Halle University, for the time being attacked to a Panzer-army as Consulting Hygienist. Staff physician Kairies has been on active duty since the beginning of the war. According to his statement, replacement is available. I have already contacted Herr Oberstabsarzt, lecturer Dr. Schmidt of the Office of the Chief of the Medical Service of the Wehrmacht on this subject. Will you please request the release or detachment of Staff physician Dr. Kairies through the ordinary channels?
You will note, your Honors, that Haagen here states he has contacted the office of the defendant Handloser and contacted Dr, Schmidt, who was a subordinate of the chief of the medical Service of the Wehrmacht, defendant Siegfried Handloser. He also requested some technical assistants, which are listed and he states:
The above-mentioned assistants according to Staff physician Kairies are especially skilled for the work planned. The other two technical assistants should be assigned directly by the Wehrmacht. He needs 1 skilled assistant chemist to be also assigned by the Wehrmacht and 1 junior assistant to help the assistant chemist.
He continues on to state the other personnel required. At the bottom of the page, the last paragraph No. IV, same page No. 118, he states:
In order to be effective the production center must be declared a war essential industry. The costs are to be not by the Wehrmacht. All expanses the Institute has to bear in the course of the production of the vaccine are to be repaid by the Wehrmacht. The personnel status will be kept by the Wehrmacht. The rooms are placed at disposal by the University of Strassburg. The costs for water, current and gas are charged to the University.
Here is Haagen proposing the establishment of a vaccine production institute, which is based on the results of his experiments, which arc done for the benefit of the Wehrmacht. He states that the brunt of the cost will lave to be borne by the Wehrmacht.
The next Document in this Document Book, No.130, Prosecution Exhibit 319 concerns a Report on the Successes with T.A.B.Chel. Vaccines, dated Strasburg, 4 August 1944. The subject is:
OML, Chief of the Luftwaffe Medical Service.
The following T.A.B. Chel-Vaccines were used:
02-08, 10,30 and 226, the latter obviously pertaining to a number from 1 to 10.
It appease that no strong reactions were produced by Nos. 03, 05, 10 and 30. One unit reported 1 to 2 days absence from work as a result of 05, which would seem to indicate a stronger general reaction. The units which were vaccinated with 02 had reactions of the most extreme form; temperatures rose to 41° c. A large number of these vaccinated were unable to work for two to three weeks. One unit reported 60 to 70 percent bedridden with a corresponding decrease in employability. Furthermore nausea, vomiting, shortness of breath and paralysis of the lower extremities were reported.
Concerning No. 04 there are varying reports: some raise no objection to it, others state that it was generally agreeable with only slight local reactions. Three units, however, reported more pronounced local and general reactions with rising temperatures, one unit reported that almost all those vaccinated had more pronounced local and general reactions; however, there was no effect on employability.
Nos. 06, 07, 08 and 226 resulted throughout in such strong reactions that their usability is questionable. No. 06: in one unit a loss of 1 day by 5 to 7 percent or account of fever; in one unit 90 percent fever up to 38.5 C, and less of 1 to 2 days; in one unit 90 percent very strong local and general reactions, in one unit even 30 percent. Furthermore, one unit reported 90 percent local and general reactions, with fever up to 40 percent. Particular phenomena reported were ulceration and several cases of chills. Such strong local and general reactions occurred throughout one unit after the first injection, with temperatures from 39-40 C up, that the troop doctor did not continue and complete the vaccination series. Only a few units reported no particular reactions. No. 8: a large number of units imported up to 40, 1 to 2 days less of work. One unit reported that, of 300 persons vaccinated, 50 percent suffered general disorders, 30 percent showed a decreased capacity for work, 10 to 15 percent were bedridden for 1 to 2 days. Particular symptoms reported were inflammation of the stomach and intestines, diarrhea, canker sores, a rash (like measles), chills with cramps and and case of inflammation of the brain.
The following T.A.B.-Chel-Vaccines were delivered for distribution.
The operations numbers are here given.
Or the basis of the reports, it oust be assumed that all Operation Numbers were used. Furthermore, there are very dissimilar reports concerning the efficacy of the individual.
Here additional numbers are listed.
Furthermore, Nos. 15, 44, 48 W 55, W 59 and the two unidentified numbers may be appraised as agreeable with minor local and general reaction; the reactions caused 1 to 2 days loss of work, but their frequency was not noted. Essentially, the same observations were reported concerning the remaining Operations numbers; strong or very strong local and general reactions, fever up to 40, transitory loss of work, diarrhea, chills, shortness of breath, near-collapse (2 cases), and one third of these vaccinated with No. 1024 suffered local infiltration.
Comparative study shows that the Asid Vaccines appear, on the average, to be considerably loss agreeable than the Behring Vaccines, even though the reactions to some of the latter surpass endurance. Without further study, it cannot be determined what causes strong reactions to usable vaccines. The general impression is that, in particular, the Asid Vaccine in its present form will have to be rejected for use by the Wehrmacht, since it is to be feared that the scope of the reactions could cause considerable losses and decrease in the employability of the Vaccinated units. Some of the Behring Vaccines also resulted in injury to the general state of health, which caused one to two day losses. In evaluation those reports, it is necessary, of course, to consider the dissimilar opinions of the individual troop doctors concerning the strength of the reactions. As is correctly emphasized in the report of Kerpsarzt XIV, the advantage of the combined T.A.B.Cholera vaccinations cannot be overestimated since the troops can be vaccinated in the shortest possible period of time. On the other hand, this would be possible only with temporarily inactive units. The present-day vaccines could not be recommended for activated or about-to-be activated troops since it cannot be predicted, on the basis of experiences to date, whether the troop will remain fully employable after the frequent strong reactions.
As long as the Vaccine Industry cannot produce a vaccine which does not result in strong reactions, such as the T.A.B. vaccine, the T.A.B.-Chel. Vaccine will have to be rejected for the Wehrmacht, as unusable.
If Your Honors please, exclusive of the document that has to be submitted after it has been corrected and another witness of two in connection with the typhus experiments, this completes the presentation of evidence in connection with the typhus, yellow fever, small pox and cholera, and the other experiments as charged in the Indictment, Count II, 6(j) and Count III, 11.
The Prosecution has clearly shown the program of experimentation in Buchenwald and Natzweiler concentration camps. We have shown by the testimony of the witnesses and the overwhelming amount of evidence that experiments were conducted for the benefit of the German armed forces to investigate the effectiveness of typhus and other vaccines. The testimony of tic witnesses, as well as the supporting documents, has conclusively established that a virulent virus was used in both camps during the course of these experiments and that as a result thereof numerous deaths occurred.
The weight of the evidence has also shown that the Wehrmacht, the SS, the Reich Research Council, the Luftwaffe and other organizations participated in an active manner in the entire program.
At this time Mr. McHaney will continue the Prosecution's case in chief with the presentation of evidence regarding the so-called mercy killing program.
DR. HOFFMANN (Counsel for defendant Pekerny): On 29 May 1946 we were told that applications for witnesses and documents were to be made as seen as possible. Accordingly, I have hitherto named three witnesses--an expert, Dr. Jung; the witness Aiska; and the witness Miss Merten, the secretary of the defendant Pekerny. I sent a telegram to Miss Merten before Christmas asking her to come hero and talk to her here. On the basis of this conversation, I requested her as a witness on 2 January 1947. During my conversation with her she said that up to that time no no -- that is, not the Prosecution either--had examined her.
Today I have been informed by the office for the Defense Counsel, Lt. Garrett, that the two first mentioned witnesses have been approved and are to be brought here. The third witness, Miss Merten, on the other hand, had become a Prosecution witness.
I ask for a decision of the Court that the Prosecution can examine the witnesses I have named for the first time in cross examination and that Miss Merten should not be considered a Prosecution witness.
I have submitted my application in writing. I have handed it to the General Secretary.
MR. McHANEY: If the Tribunal please, this comes as somewhat of a surprise to the Prosecution. I have never heard of Fraulein Merten. I certainly have no intention of calling her as a Prosecution witness, and--I am quite sure about it--no one on my staff has talked to her or so much as knows of her. I don't know where Defense Counsel has obtained his information, but this must be some mistake somewhere, because I know nothing about it. I am quite sure that none of the attorneys who are participating in this proceeding have so much as talked to her.
Maybe by some coincidence some other section may have some interest in her, but I have groat doubts about that. Certainly the Prosecution in this case has no interest in the witness at all, and, as far as we are concerned, she is a Defense witness, and we shall not speak to her.
THE PRESIDENT: I will ask the Counsel for the Defendant if that statement complies with what he desires or if there is anything else he would like the Tribunal to do about the matter.
DR. HOFFMANN: I obtained my information from Lt. Garrett, the liaison man between the General Secretary and us. He gave me a slip of paper on which it says, One and Two--that is, Jung and Ziska--approved. Three--that is Merten--Prosecution.
THE PRESIDENT: It is now almost time for the Court to recess I would suggest that Counsel for the Appellant and for the Prosecution gain information about this matter of this witness and take the matter up before the Tribunal at the opening of Court tomorrow morning.
I would say in addition that applications for documents and witnesses have been functioned on by the Tribunal at the earliest possible moment. As far as I knew, all such applications that have come to the Tribunal have now been functioned on and have been returned to the Secretary General. There have been some unavoidable delays, of course, from time to time pertaining to certain matters because the Tribunal, as everyone else, is occupied long hours in official duties which render it difficult to take up matters outside of Court, but I think that all applications such as that have now been functioned on by the Tribunal and are in the hands of the Secretary General. It is the desire of the Tribunal to expedite all such natters as much as possible. Proceed, Counsel.
DR. FRITZ (Counsel for defendant Rose): Mr. President, I have quite a brief matter on Document Book 12, which we just completed a few minutes ago. Document139 was read. That is a letter of Klunsger to Prof. Hagen.
THE PRESIDENT: Will you advise the Court as to the page of the document bock on which that document is found?
DR. FRITZ: Page 113. In this letter it says that Prof. Rose promised the Japanese doctor to secure for him all important information, including yellow fever virus experiments, from Strasbourg.
Now, my client points out to me that the Prosecution changed the word "test" to "experiment". That is something entirely different from the German word "Proben", which, according to my client is "sample" in English.
THE PRESIDENT: I would suggest that, with the other matters that are to be investigated tonight, the matter of the correct translation of the document be also taken up this evening and reported to the Court in the morning.
The Tribunal will new recess until 9:30 o'clock.
(The Tribunal adjourned until 0930 hours, 10 January 1947.)