1947-01-13, #2: Doctors' Trial (late morning)
THE MARSHAL: The Tribunal is again in session.
MR. HOCHWALD: If the Tribunal please, I want to read from Document Book No. 17, page 24 of the Document Book, and I offer into evidence Document NO-1313 which will be Prosecution Exhibit 336: "Schwarzsee near Kitzbuchel," dated "20 August 1940."
Dear Director, The heavy rains during the first half of my vacation had the advantage of giving me sufficient leisure for reflection, and I am very grateful to you for your great kindness and consideration in giving me this time to make up my mind.
The new measures are so convincing that I thought I could let personal considerations go by the board. But it is another thing to approve of measures of the State with full conviction, and something else to carry them out oneself, in their final consequence. I am reminded of the difference which exists between judge and executioner. Therefore, in spite of all intellectual insight and goodwill on my part, I cannot escape the realization that according to my personal nature I am not suitable for this job. As vivid as my desire is in many cases to improve upon the natural course of events, as repugnant it is to me to carry this out as a systematic job after cold-blooded deliberation and according to scientific objective principles, and not urged by medical feeling toward the patient. What has endeared to me the work in the Children's House was not the scientific interest, but the physician's urge, amidst our often fruitless labor, to help and at least to improve many of our cases here. The psychological evaluation, and the curative and pedagogic influence were always much closer to my heart than anatimical curiosities, no matter how interesting they were. And so it comes about that, although I am sure that I can preserve my full objectivity in giving expert opinions, I yet feel myself somehow tied emotionally to the children as their medical guardian, and I think that this emotional contact is not necessarily a weakness from the point of view of a National Socialist physician. However, it hinders me from combining this new duty with the one I have hitherto carried out.
If this should force you to place the work in the Children's House into other hands, it would certainly be a painful loss to me. However, I consider it more right to see clearly and to recognize in time that I am too soft for this job, instead of disappointing you later.
I know that your offer to me is a sign of special confidence, and I cannot honor your confidence in any better way than by absolute honesty and openness.
Heil Hitler Your very devoted /s/ F. Hoelzel (Rubber stamp): Directorate of the Eglfing-Haar Insane Asylum of the regional association of upper-Bavaria.
(Handwritten): Received 29 August 1940, 1600 hours. (Initialed) Pfannmueller.
I turn now to Document NO-1310 which will be Prosecution Exhibit 337, a draft dated September 20, 1940:
To the Bavarian State Ministry of the Interior, Department for Health Services, Munich, Theatiner Street, "dated" Eglfing, 20 September 1940. Subject: Transfer of Mentally Ill Jews. Reference: Ministerial Decision of 4 September 1940. No. 5236 a 44. Inclosures: 1 list of Jewish Men, 1 list of Jewish Women.
In compliance with the above-stated decision, I am turning over to you a list of the inmates concentrated in the mental institution of EglfingHaar, as far as they are full-blooded Jews of German and Polish nationalities as well as stateless Jews.
The mentally ill Jewish inmates were transferred by the Patient Transport Corporation on 20 September 1940 to an institution serving as a collecting center. I am reporting to the State Ministry that from now on my institution will feed only Aryan mental patients. In the future I shall refuse to accept mentally ill full-blooded Jews.
There is still one mentally ill full-blooded Jew in our institution who is a native of the Protectorate Bohemia and Moravia, and whose transfer to an institution of the Protectorate should be suggested as soon as possible.
(Initial:) P (for Pfannmueller)
The Tribunal will certainly recall that I read from Document NO-1135- this list of Jews, pointing out the 2 names from Poland and the name of the Jew from the Protectorate, Bohemia-Moravia, and the No. 13, whose name was crossed from the list. This document refers to this list.
I turn now to Document NO-1312, Prosecution Exhibit 338:
The Director of the Mental Institution of the District Association Upper Bavaria Eglfing-Haar
Contract
I have been instructed by the director of the mental institution Eglfing-Haar, Obermedizimalrat Dr. Pfannmueller, with regard to the kind of work and my duties in the special ward of the children's ward of the mental institution Eglfing-Haar, in which children of the Reich Committee for the Scientific Approach to severe Hereditary and Constitutional Diseases are confined.
I declare to carry out my duties in this ward according to the instructions issued by my chief and I confirm that my attention has been called to the fact that the treatment of the children in this ward is top secret and is to be kept as such. I have been instructed that I have been ordered absolute secrecy as to the incidents which will become known to me during the treatment of the children of this ward, and that the law provides that any breach of secrecy will be punished with the death sentence. I have been sworn to absolute secrecy by hand shake. I shall observe it most strictly always and towards everybody.
Eglfing, 26 April 1941 /s/ Dentlemser Emma "Spindler Maria Lang Emma
The next document, Number NO-1311, which will be Prosecution Exhibit 339, is another document swearing to secrecy one of the officials of the insane asylum:
Obligation
I, the undersigned, have been obligated by hanshake instead of by an oath, on the part of the director, to receive and to copy matters concerning the Reich which have to be kept secret.
Such papers are of special confidential nature. I herewith undertake to keep all papers which should become known to me under the heading 'Top Secret' strictly secret, and never to give anyone knowledge of them without specific order from the director of the Institution, Dr. Pfannmueller. My attention has been called to the fact that if I should not keep this oath of secrecy, I will face prosecution by the Gestapo, and that I will have to count with the possibility of the death penalty if I should either carelessly or deliberately divulge matters which have become known to me as 'Top Secret'."
Eglfing-Haar, 20 February 1942 /s/ Erich Frank
This finishes Document Book No. 17.
Mr. Shiller will now proceed in submitting the evidence which is contained in Document Book No. 14, Second Part.
MR. SHILLER: If it please the Tribunal, I should now like to offer in evidence Document Number NO-1131 as Prosecution Exhibit Number 340. This document consists of a number of --
THE PRESIDENT: Has the Tribunal received copies of that Document Book?
MR. SHILLER: I believe the Secretary General has been furnished with copies of this Document Book, Your Honor, Book 14, Part 2.
THE PRESIDENT: A search is being made for the copies of this Document Book in English. I would like to ask the Prosecution a question about Document Book Number 17-- the first document in the book, Document Number NO-471,--that was not offered in evidence this morning, Has it already been received in evidence?
MR. SHILLER: Yes, Your Honor, this is already Prosecution Exhibit Number 238.
THE PRESIDENT: Two of the copies handed to the Bench are Document Book Number 14, Part 1, while two copies are Document Book Number 14, Part. 2, We are still short two copies of Document Book, Part 2 --
I was misinformed. The Tribunal has the copies of Document Book 14, Part. 2.
MR. SHILLER: The first document in Document Book 14, Part 2, is Document Number NO-1131. Is that correct, Your Honor? This is another document similar to the ones already read by Mr. Hochwald. That is, it is an order from the State Ministry of the Interior at Munich, 12 November 1940, to Director Dr. Pfannmueller, ordering the transport of 140 patients from the Institution Eglfing-Haar.
THE PRESIDENT: What is the number of this Exhibit?
MR. SHILLER: This is Prosecution Exhibit Number 340. On the next page, that is page 94, we see again a receipt, the bottom of which is dated "Eglfing, 15 November 1940" (signature) "E. Puppe, For the Charitable Patient Transport Corp". Pages 95 and 96 consist of Transport List No. 6 from Eglfing Haar, dated 15 November 1940, giving a total of 57 patients. Page 97, 98, and 99, consists of Transport List No. 7, dated 15 November 1940, with a total of 84 patients.
Turning to page 100, I now introduce in evidence Document Number NO-1132, another order from the State Ministry of the Interior. This will be Prosecution Exhibit Number 341.
On Page 101 again we have a receipt from Eglfing, 13 February 1941, (signature) E. Puppe, For the Charitable Patient Transport Corp.
Turning to page 103, pages 103, 104, and 105, consist of Transport List No. 13, completed on 25 February 1941, consisting of 77 patients.
Turning to page 107, Your Honor, pages 107, 108 and 109, consist of Transport List No. 13, completed on 25 February 1941, listing a total of 74 patients.
The next document is Document Number NO-1144, on page 110 of the Document Book, which I now offer into evidence as Prosecution Exhibit 342. This document consists of correspondence, that is, inquiries as to the whereabouts of various inmates of mental institutions:
"Copy"
November 1st, 1940
Therapeutic Establishment of Werneck by Wuerzburg
Gentlemen:
I learned that my mother, Frau Gertrud Sonder, is supposed to be no longer in Werneck. As her only child, and as an American citizen who has contributed to the costs of my mother's upkeep, I request you kindly to give me an indication as to the present whereabouts of my mother.
I should be very thankful if you would give me such indication by return air mail. Please charge any eventual expenses to my privileged frozen account with the Bayerische Vereinsbank in Wuerzburg.
Respectfully, /s/ Hans Sonder
c/o Topsy's 112-01 Queens Blvd., Forest Hills, N.Y., U.S.A.
on the next page we find the reply:
"COPY"
Nr. 5289
1 Enclosure
To: The Management of the Therapeutic and Nursing Establishment
Eglfing-Haar
transmitted with request to handle directly, the present location of Gertrud Sonder being unknown in this establishment.
Werneck, 3 December 1940
The management of the Therapeutic and Nursing Establishment of Werneck /s/ Dr. Papst
draft
mdt.
7.12.40 W
No. 8864
V. k. H. with 1 enclosure transmitted to the Public Utility Sick Transportation G.m.b.H. Berlin W9, Potsdamerplatz, 1, with request for attention.
Eglfing, 7 December 1940, The Management
On Page 112 another such inquiry:
Copy - Elsa Sara Hechheimer - Mainz, 1 December 1940.
To: The Management of the Therapeutic and Nursing Establishment Eglfing-Haar.
I beg to inquire herewith whether my cousin Herr Oswald Feis from Deidenheim in der Pfalz is in your establishment. He reported to me sometime ago from the Therapeutic and Nursing Establishment in Ansbach that he was being transferred to Eglfing, Directly I wrote him three times enclosing a stamped envelope for answer, without receiving any news from him. A parcel sent to him was also returned to me.
I request you kindly to let me have some news as soon as possible as to his state of health and as to whether he is still staying in your establishment I should like to prepare him a Christmas treat.
Thanking you in advance for your prompt notification, I am Most respectfully, /s/ Elsa Lucie Sara Hockheimer, Mainz, Martinstrasse 38/1. Enclosed: return postage 12 pfennig stamps. No. 8823 V.k.H. transmitted to The Public Utility Sick Transportation G.m.b.H. Berlin W. 9, Potsdamerplatz 1 with request for attention. Eglfing, 6 December 1940, The Management Pfannmueller.
On page 113 there is a reply draft.
6/12/40. Mrs. Elsa Lucie Sara Hochheimer, Mainz, Martinstrasse 38./1 Eglfing, 6 December 1940, Subject: Feis Oswald Israel. Your letter of December 1, 1940.
We have forwarded your letter to the competent agency because the name of the receiving center is unknown to us.
I shall now skip a number of such inquiries and replies and I as your Honors to turn to page 118 of the Document book. This is another inquiry:
Memmingen, 4 December 1940, To: The Therapeutic and Nursing Establishment, Eglfing/Haar near Munich. Subject: Bertha Weil.
The Therapeutic and Nursing Establishment Kaufbeuren informed me upon request that my cousin, Mrs. Berta Weil, nee Rosenbaum, of whom I am the sole relative still living in Germany, has been transferred to your establishment.
I beg for permission to call upon you asking how she is and on which days of the week I may visit her. Perhaps you are furthermore in a position to tell me what is the best possible way to reach Eglfing from Munich. Thanking you in advance, Most respectfully, /s/ Benne Israel Rosenbaum, returnstamp!
On page 119 we have the reply:
Draft mdt. 6/12/40. Mr. Benne Israel Rosenbaum, Memmingen, Eglfing, 6 December 1940/
Subject: Weil Berta Sara to letter from 4/12/40.
Bertha Sara Weil has been transferred together with a collective transport of Jewish inmates to some other establishment according to a decision of the Ministry of the Interior. The name of the new establishment is not known to us. The relatives shall be informed by the receiving center.
Now, turn to the next Document on page 126 of the Document book. I offer in evidence Document No.1143 as Prosecution Exhibit No.343. This consists of eleven letters of inquiry as to the whereabouts of former inmates of Eglfing Haar Institute. It is interesting to note that these inquiries are not made by private individual's, but by Government agencies, that is Reich Government agencies.
Copy Weurzburg, 3 December 1940, No. 6513, State Welfare Agency Herrnstrasse 1, Telephone 3761.
Main Franconia.
To the Mental Institution - Eglfing - Haar, near Munich.
Subject: Welfare service for Neumann of Schoellkrippen.
According to information received from the Mental Institute Lohr in September of this year the above has been transferred to the Mental Institution Eglfing-Haar upon order of the State Ministry of the Interior. Upon our order to the district office Bavaria of the National Association of Jews in Germany in Munich, to make the payments to that institution, we received the answer that Neumann was not any more in Eglfing and that his whereabouts were unknown and that for that reason no payments would be made.
Will you please inform me whether the statements are correct, since no thing is known here about a further transfer.
/s/ Koettnitz, mdt 10 December 1940 W, No. 8899 V.k.H. returned to the State Welfare Agency MainFrancenia in Wuerzburg, with the information, that, on 20 September 1940 Wilhelm Israel Neumann has been transferred to another institution with a collective transport of Jewish patients, according to a decree of the State Ministry of the Interior. The name of this institution is not known to us. Eglfing, 10 December 1940, Management: /s [illegible]
The Senior Public Prosecutor - Landau in the Palatinate 13 December 1940.
To the Office of the Mayor - Landau
Subject: Placing under guardianship: Albert Israel Tillmann, born 22 February 1836 in Duerkheim, latest residence in Landau, Your file No. Dst. 10.
Will you please inform me about the present whereabouts of Tillmann. According to information received from the management of the Mental Institute for Upper-Bavarie in Eglfing-Haar he has been transferred to an unknown institution with a collective transport of Jewish patients on 20 September 1940. Dr. Zeller, Certified: /s/ Haeussel, Clerk of the administration of justice.
Next page, seven:
Subject: Placing under guardianship: Albert Israel Tillmann.
Copy: To the Mental Institute - Eglfing-Haar, with the request to inform us as soon as possible, whether the present whereabouts of Tillmann are known, or upon whose orders he has possibly been transferred. Landau in the Palatinate, 23 December 1940, By order of the mayor:
Handwritten - Draft! 30 December 1940 V.K.H. returned to the Mayor in Landau in the Palatinate (Pfalz), with the following information:
The present whereabouts of Albert Israel Tillmann are not known here. The transfer took place upon the order of the State Ministry of the Interior. Eglfing, 30 December 1940, Acting for the Management: (Initialed) S.
The Tribunal will now turn to page 132 of the Document Book. This is another letter.
Copy Nuremberg, 27 Sept. 1940
The Lord Mayor of the City of the Reich Party Rallies (Stadt der Reichsparteitage Health Department) Re: Wiesengrund Sofie, born in Nuremberg on 3 January 1894, last residence Nuremberg, Weinmarkt 14.
The above mentioned was discharge from the mental institute Erlangen on 16 September 1940 and transferred to the mental institute Eglfing. (Order of the State Dept.) Custody Ordinance according to article 80/11, P Penal Code, New No. Hs 3/41.?G.R, to the Mental Institute Eglfing, with the request for a short statement whether a change has taken place in the condition of the sick. Nuremberg, 3 January 1941, Supreme Prosecutor: By order, signed: /s/ Mueller.
The answer is on the next page:
First draft, mdt. 9 January 1941, No.182, v.k.H. back inclusive 1 document.
to the Supreme Prosecutor in Nuremberg, with the information that Sofie Sara Wiesengrund in accordance with a decision of the Reich Minister of the Interior was transferred in a collective transport of Jewish patients on 20 September 1940 to an institution unknown to us. Eglfing, 9 January 1941, The Director: Initialled.
This clearly shows that the secrecy of the program at thus time was such that even other Reich government officers and ministers were not being informed as to the exact disposal of the patients.
The Tribunal will now turn to page 136 of the document Book. The next Document which I now offer in evidence is Document No.1134 as Prosecution Exhibit No.334. This is another order of the State Ministry of the Interior to Director Dr. Pfannmueller, ordering him to transport 140 patients. On page 137 is another receipt.
Turning to page 139 - pages 139, 140 and 141 consist of transport list No. 10 completed on January 24, 1941 and having a total of 100 patients.
Turning to page 143 of the Document book, pages 143, 144 and 145 consist of transport lists No. 11, completed on January 24, 1941, having a total of 100 patients.
The Tribunal will now turn to page 147 of the Document book. I now offer in evidence Document No.1136 as Prosecution Exhibit No.345. This is a list of transports of mental patients from Eglfing-Haar. Notice the last one at the bottom of the page, Transport 20, dated 2 June 1941. The number transported in that transport is given as 1, 857.
DR. SERVATIUS (Attorney for the Defendant Brandt): Mr, President, in the Document book which has been given to us there are a number of lists lacking - Documents 1136 and 1145, furthermore a Document, namely No.868 is missing. If they should be given to me at a later time. I should be in a position to raise objections perhaps at that time.
MR. SHILLER: Your Honor, Document Nos, 1136 and 1146, the first two documents referred to by Mr. Servatius, were such that they could not be mimeographed in German. I believe there were pencil notations or something of that nature on them, therefore, they were photostated. Being bulky, they were delivered to the Defendant's information Center, I believe, on Thursday of last week. They have at least nineteen copies delivered to the Defendant's Information Center. With respect to the third document, No.868, that document while it remains in the index has been omitted from the Document book in both German and English and will not be offered in evidence.
THE PRESIDENT: After all the examination has transpired if the Defense Counsel has not received clear copies, the omission will be rectified at the earliest possible date and if they have received the copies, that will be satisfactory.
MR. SHILLER: I now go to the next Document on page 148 and offer in evidence Document1139 as Prosecution Exhibit 346. This is a letter from Pfannmueller:
To the Reich Committee for the Scientific Approach and Treatment of Severe Hereditary and Constitutional Diseases. Berlin 9, Post Office Box 101, Eglfing, 17 January 1941.
Subject: Obligatory Registration of deformed and other new-born patients of the Mental Institution of EglfingHaar. Enclosures: 3 Registrations.
According to the arrangements agreed upon at the conference of 10 December 1941 in Berlin W 8, Vosstrasse 4, you received enclosed 3 notices of cases hospitalized in the children's house of the mental institution of Eglfing-Haar, which by virtue of the decision of the Reich Ministry of the Interior 1V b, 30 8/39 16 August 1939 are to be reported.
THE PRESIDENT: I have 18 August.
MR. SHILLER: I am sorry, Your Honor, that should be 18.
Heil Hitler (initialed) [illegible]. pencilled: Have been registered: 1) Czerny Gertrud 8 January 35, 2) Hernsterner, Edward 2 January 1938 and 3) Trenker, Gertrud 7 May 1938.
I ask Your Honors to turn to the next page of the Document book. I offer in evidence No.1142 as Prosecution Exhibit No.347. This is a letter from Pfannmueller concerning Jewish Inmates of his institution.
Stamped: To be filed.
To the General Sick Transport Company Gmbh, Berlin W 9, Potsdamer Platz 1, 28 February 1941.
Jewish Inmates of Institutions. RE: Your letter of 25 February 1941.
The enclosed lists have been completed by adding the requested data, as far as this has been possible. We remark in this connection that various patients had been admitted to this institution as transient patients for only a few days. (Initialed).
THE PRESIDENT: That Document is initialed "Z". What identifies it as being written by Mr. Pfannmueller?
MR. SHILLER: I am sorry, Your Honor, this is one of the Documents taken from the files of Mr. Pfannmueller. It is my understanding that this is one written at his direction. I will retract the statement that it is from Pfannmueller, however, besides the original document, as I am now given to understand, contains the Initial "Z" and not Pfannmueller, which does not show on the translation and the letter "Z" is not the initial referred be, but has some other connotation unknown to me at the present time.
I now introduce in evidence Document No.1141 as Prosecution Exhibit No.349. This is a letter from Franz Fruehbeisser, Legal Advisor, Reich Professional Group to the director of the mental institution. It is dated 25 April 1941:
Subject: Heritage of Berta Sara Wertheiner - having died on 3 December 1940 in the insane asylum Chelm.
The there temporarily admitted Wertheiner has left the territory of the Reich.
I am asking for information as to where to Wertheiner was transferred from there on 20 September 1940. Signed Heil Hitler Administrator of Legacy.
mdt 28 April 1941, W.
one following handwritten: letter back.
B.A.W. was transferred according to a decree of the Bavarian State Ministry of the Interior of 4 September 1940 No. 5236a 44 in a collective transport of Jewish inmates from our institution to an institution unknown to us. The transport of the patients was carried out by the General Patients Transport Company, G.m.b.H., Berlin W.9, Potsdamerplatz 1, to which you may turn with all further questions.
signature: 27 April 1941 Pf.
The next document is Document No.1138. Your Honors, this has been incorrectly stapled in the document book; that is, page 152 should come before page 151. I should like to start, therefore, on page 152. This is Document No.1138, which we offer as Prosecution Exhibit No.349. This document consists of correspondence between Pfannmueller and the Reich Committee for Scientific Research of Heriditary and Constitutional Serious Diseases.
Reich Committee dated for the Scientific Research 30 April 1941 of Heriditary and Constitutional Serious Diseases
To Mr. Dr. Pfannmueller mental Institution Eglfing-Haar near Munich Post Office box 31
Subject: Child Anna Marie Thalmaier, born 5 May 1938 in Welnzach, Pfaffenhofen.
THE PRESIDENT: This document which is contained in the book before me, it contains the date 5 May 1941 at the head of the document and reads, "The answer to your letter of 30th of April 1941."
MR. SHILLER: Your honor, that is correct. Page 152 should be the first page of the document and is dated 30 April 1941 and the reply carried a later date and that is 5 May 1941. Is that clear, Your Honor?
(no audible response)
I have received a report on the child Anna Marie Thalmaier who was transferred by you on ?? June 1940 to the Associated Institution Schoenbrunn, station and Post Office Roehrmoos.
I request a medical report with prognosis on the child, insofar as it is still possible at this time.
Heil Hitler: as deputy: Dr. Klein Stamp: Reich Committee for the Scientific Research of Hereditary and Constitutional Serious Diseases.
Now, turn to page 151, Your Honor, and this is the reply:
Eglfing, the 5 May 1941.
Draft mdt. 5 May 1941.
To the Reich Committee for Scientific Research of Hereditary and Constitutional Serious Diseases.
Berlin W 9 Post Office box 101
Subject: Anna Marie Thalmaier.
born 5 May 1938 in Wolnzach, Pfaffenhofen.
The answer to your letter of 30 April 1941 Dr. H/M
The child Anna Marie Thalmaier was in our institution from 17 March 1940 until 11 June 1940.
At that time she was under observation in the children's house and on the latter date was given to her father who declared him.
If ready to take the child, who was greatly in need of nursing, to the Associated Institution Schoenbraun, post-office Roehrmoos near Dachau. The special psychiatrist in our children's ward who had treated the child has been drafted. From our files, however, it can definitely be ascertained that the girl is suffering from feeblemindedness together with Paroxysmic disturbances. (loss of tonus) due to an attack of meningoencephalitis in February 1939. The child evinces a spastic collapse on the right side, but no other neurological findings except for a diverse strabism. She can sit and stand but not walk not even if assisted: she does not speak and has here learned to eat with the spoon. She is very much in need of care and suited for the Institution Schoenbrunn. In my opinion the child is one of those we observe and treat in our institution according to the regulations of Reich Committee for Scientific Research of Hereditary and Constitutional Serious Diseases. The special ward of the children's house was not yet opened at the time we transferred the child.
Heil Hitler! /s/ B.
The Tribunal will now turn to the next document page 154, of the Document Book. I offer this in evidence as Document No.1140, Prosecution Exhibit 350. This document consists of several letters from Pfannmueller to the General Patients Transport, G.m.b.H., concerning inquiries by relatives.
Draft!
To the General Patients Transport G.m.b.H.
Eglfing, 2 May 1941.
Subject: Buchbinder Hilde Sara, born 1 August 1894 With 1 enclosure.
Attached we are sending you a letter concerning Hilda Sara Buchbinder with the request that you handle this there. Buchbinder was transferred by you to another institution on 20 September 1940 in a collective transport of Jewish institution patients according to a decision of the State Ministry of the Interior.
Heil Hitler!
On the next page we have a similar letter dated 3 May 1941, Subject: Schwarz Heinrich Israel.
Page 156 of the Document Book is an interesting document which I now offer in evidence as Document No.1137, which will be Prosecution Exhibit No.351. This is a document concerning the entry of children into mental institutions.
Ministerial Gazette of the Reich and Prussian Ministry of the Interior.
No. 23 of 4 June 1941.
Recognition of the need for institutional care of children with severe congenital afflictions.
Circular of the Reich Minister of the Interior of 30 May 1941 IV W I 9/41-7805.
With reference to the circular of 18 June and 1 July 1940 (Reich Ministerial Gazette IV, Page 1205, 1437) I request the social welfare associations to recognize in indigent cases the necessity for institutional care in the institution determined by the Reich Committee in those cases in which the Reich Committee for the scientific survey of severe afflictions through heredity or predisposition approaches the district physician for commitment of a child to an institution; this applies especially to the state (Iandes) welfare associations insofar as they have to administer the institutional care in the sphere of the so-called extraordinary welfare burden (for instance, in accordance with Par. 6 Pruss. Regulatory Decree to the FV) (See GS 1932 Page 207; 1937 Page 103) or pay the expenses.
To the social welfare associations and their supervising authorities.
Reich Ministerial Gazette IV Page 100.
The next document begins on Page 157 of the Document Book and I now offer in evidence Document1145, as Prosecution Exhibit No.352. On Page 157 translated for the heading "List of reported children according to the Circular of the Reich Minister of Interior about disposition of deformed (and similarly afflicted) new born babies."
Pages 157 to page 162 consist of six of these lists.
The Tribunal will now turn to Page 164, You will notice that Number 95 "Schnirer Walter, in the institu-- Authorization."
The word "authorization" in these lists of patients would seem to mean that the patient had been marked for death; that is for a mercy killing.
On Page 165 you will notice Patients 103 and 104. Again in the next column we have the feature mark, "authorization."
THE PRESIDENT: You say that is true in regard to the persons appearing on Page 163, as well?
MR. SHILLER: There is one, No. 44, on Page 163.
Then under "released to", "x in the institution" and "authorization".
Turning to Page 167 of the Document Book you will note the large number of patients after whose name is written the word "authorized".
In the first column it says, "x in the institution", and the next word "authorized".
Now, I would like to turn to Page 174; the Prosecution introduces in evidence Prosecution Exhibit No.353. This is one of the documents referred to by Dr. Servatius, obviously which we have given in photostat form. This document is a list of mentally ill children, who were wilfully put to death.
I should like now to turn to Page 177, where the Tribunal can notice the last number is 171, that is 171 of such children.
The Tribunal will turn to Page 179 of the Document Book. I should like to introduce in evidence Document No.1129, as Prosecution Exhibit No.354. This document consists of a number of letters, I believe about nine letters from Pfannmueller to the Hospital and Nursing Establishments, concerning questionnaires.
Page 179 is a letter dated Eglfing, 19 November 1940.
It is addressed "To the Reich Association Hospital and Nursing Establishments. Berlin, W.9, attention: Party comrade Prof. Dr. Heyde."
Subject: 102nd shipment of registration forms -300 pieces.
Nos. 129.501 to 129.800 re:
letter of 12 November 1940.
Dear party comrade Prof. Dr. Heyde, Enclosed, I am returning to you the 102nd shipment of 300 registration forms, nos.
129.501 - 129.800 after examination.
Heil Hitler! Dr. Pfannmueller.
On Page 180, a similar letter dated "Eglfing, 22 November 1940."
The Court will notice opposite the word "Subject:" "106th Shipment of registration forms, 258 pieces."
Page 181 a similar letter refers to the 104th shipment of 300 pieces.
On Page 182 another letter refers to the 105th shipment of registration forms, 300 pieces.
On Page 183 another letter from Eglfing from Dr. Pfannmueller to Dr. Heyde, refers to the 107th shipment of registration forms, 300 pieces.
On Page 184 still another refers to the 108th shipment of registration forms, 300 pieces.
The Tribunal will now turn to Page 187. This is the last letter in this document and refers to the 158th shipment of registration forms, 200 pieces, Nos. 181.001.
On Page 188 the next document No.1130, which I should now like to offer in evidence as Prosecution Exhibit No.355. This document consists of 19 letters from hospitals concerning questionnaires.
Reich Association Hospital and Nursing Establishments.
To the Member of the Committee of Exports Director Dr. Pfannmueller Eglfing-Harr near Munich.
Subject: Shipment of Questionnaire Photostats Nos. 129.501 to 129.800 Enclosed I am sending you 300 questionnaires from the institutions.
Duren and Warsteiin.
with the request for examination.
Prepaid postage label is enclosed, to be used for return shipment.
Heil Hitler.
Prof. Dr. Heyde.
This illustrates the practice of sending the questionnaires to customers of other mental institutions. So the Director of Eglfing-Haar did not pass upon -- pass judgment upon the patients of Eglfing-Haar.
The Tribunal will now turn to Page 195. You will notice a letter to Dr. Pfannmueller, and that page is signed "Heil Hitler, By order: Nietsche" one of those experts in the euthanasia program.
Now, omitting reading a large number of these letters to Dr. Pfannmueller from the different hospitals, and from Nietsche and Heyde concerning shipment of questionnaire photostats.
If the Tribunal will now turn to Page 207, which is the last page of this document, I should merely like to call the attention of the Tribunal to the high numbers now represented; under "Subject:" "Shipment of Questionnaire Photostats Nos. 183 851 - 184 050." Signed "Heyde."
The next document No.826, on Page 208 of the Document Book, which the Prosecution wishes to offer in evidence as Exhibit No.356:
Copy
The Reich Defense Commissioner for the Service Command III To the Mental Institutions located in Wehrikreis III.
Subject: Transfer of inmates of the Mental Institutions.
In order to simplify the administration, in the course of reorganization of Mental Institutions, I shall order the transfer of a greater number of inmates of the Mental Institutions in the near future. I shall order the transfers from case to case as they become necessary. The patients will be transferred in concentrated transport groups accompanied by their records. The dispatching in institution will not incur any expenditures for the transport. The case records will be returned after examination by the receiving institution. The relatives will also be informed by the receiving Institutions. Those who pay for the inmates support are to be advised that further payments are to be interrupted temporarily from the time of transfer until their /s/ Stuertz.
Page 209 of the Document Book is another document, that is Document No.1696-PS, which the Prosecution offers in evidence as Prosecution Exhibit No.357. This is a letter from Dr. Conti to the Minister of the Interior, concerning questionnaires. It also has attached to it a form of questionnaire, and a document on procedure.
The Reichminister of the Interior. 16 November 1939.
To the Head of the Hospital (for mental cases) Kaufbeuren or his Deputy in Kaufbeuren.
With regard to the necessity for a systemized economic plan for Hospitals and Nursing Institutions, I request you to fill out---
This is a typographical error. It should be "out."
-- the attached Registration Forms immediately, in accordance with the attached instructional leaflet, and to return them to me. If you yourself are not a doctor the Registration Forms for the individual patients are to be filled in by the superintending doctor. The filling up of the questionnaires is, if possible, to be done on a typewriter. In the column "Diagnosis" I request a statement as exact as possible, also a short description of the condition if feasible.
In order to expedite the work, the registration forms for the individual patients can be dispatched here in several parts. The last consignment must, however, in any case have arrived at this Ministry at the latest on 1 January 1940. I reserve for myself the right, should occasion arise, to institute further official inquiries on the spot through my representative.
/s/ Dr. Conti.
On Page 210 of the Document Book, Your Honors, about the middle of the page, on the right hand side, is a notation for an answer. The notation says "Race" with an asterisk. At the bottom of the page the asterisk is repeated, and it says:
* German or of similar blood (of German blood), Jew, Jewish mixed breed Grades I or II, Negro (mixed breed).
This obviously shows the racial connotation of the euthanasia program. In the middle of the page it also says: "Nationality," leaving a blank for the nationality to be put in.
Near the bottom of the page is says:
Regular visit and by whom (address)
Guardian or nurse (Name, address)
Responsible for payment
Since when in that Institution.
It might be questioned as to whether individuals for whom no one was responsible for payment retained a fair chance or any chance of continued life.
On Page 211 of the Document Book, near the bottom of the page, about the fourth line up:
Manner of employment (detailed description of work),"Permanent Employment, independent worker, and "yes" or "no."
Value of work (if possible compared with average performance of healthy person).
Again this shows that where the individual would result in some economic benefit to the Reich or to the Reich Government, that this was not purely a matter of medical and scientific interest.
On Page 212 of the Document book, "Public Utility, Ambulance Transportation G.m.b.H., Dept. II/d, H/K ---"
THE PRESIDENT: Before continuing with this document the Tribunal will recess until 1:30.
(A recess was taken until 1330 hours.)