1947-01-14, #2: Doctors' Trial (early afternoon)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 14 January 1947) THE MARSHALL:
The Tribunal is again in session.
FERDINAND ROEMHILD -- Resumed CROSS-EXAMINATION (Continued.)
BY DR. GAWLIK, Counsel for Defendant Hoven:
Q: Witness, you were then speaking about the death reports. Is it correct that the death reports were issued by order of Dr. Ding, or his superiors, or don't you know that?
A: As far as I know, there was an order of some superior agency that the typhus experiments should not come to public knowledge and that no doubt was an order coming from higher agencies, so that typhus was never mentioned as the cause of death.
Q: I now come to another point. Do you know, witness, that the Orderlies Weingartner, Adelf Schwarz, the laboratory assistant, Karl Brauer and you were supposed to be sent to the same camp by order of Commandant Kech and that was a camp where Walter Kraemer and Karl Feichs were killed?
A: I am now hearing about that for the first time and I am now hearing for the first time that I was in the same danger. At the time Karl Feichs and Walter Kraemer were arrested, there was only Adelf Schwarz and Arthur Dietsch present; the other were not.
Q: You, therefore, don't know that the Defendant Hoven had tried to, prevent that?
A: No.
Q: I now come to Euthanasia, 14 F 13 and I believe, witness that considering the length of time that has elapsed in the meantime, your statements are partly mixed up. I should like to put the following to you and the witness Kogon also confirmed that two actions, 14 F 13, took place; one took place in the year of 1941 and the other in the year of 1942; do you know anything about that?
A: I have already stated that in the year of 1941 there were two transports of criminal and partly political prisoners and they were sent on the transport for that action and then there was another one in the year of 1942, in the spring; they were Jewish invalids amounting to approximately six hundred. I think Dr. Kogon's statement also referred to these two transports.
Q: Well, I am not referring to the individual transports and I am not referring to Dr. Kogon, but what I mean to say is that there were two orders; one was in the year of 1941 and after this first order of the year 1941 for this action, 14 F 13, all Jews were to be transferred?
A: I did not see these orders. I have already said that only in the year 1943 as a clerk, I had an occasion to receive insight into secret files. I merely saw this correspondence with Dr. Eisele.
Q: From your answer, I take it that the statement that Dr. Kogon made in that regard could be completely correct and that you from your own knowledge, cannot give us the necessary statements; did I understand you correctly?
A: It may well be that Dr. Kogon did not receive certain information when working with Dr. Ding.
Q: During this first action, in the year of 1941, the inmates were selected by a Berlin commission and not by the Defendant Hoven.
A: Certainly; at this time it was this action against sexual criminals and political criminals.
Q: And the Jews were to be added to that?
A: No; I do not know anything about that. I know that during this transport there were no Jews present.
Q: Quite right; I was just coming to that and I wanted you to confirm that fact.
But, you consider it possible that according to the order, in the year of 1941, all Jews were to be transferred, as it was confirmed by the witness, Dr. Kogon?
A: I think it is entirely possible, however, I do not know of this order.
Q: And now you, yourself, said that you, from your own knowledge, know that Jews were actually not transferred?
A: Not during this first action; no, during this first action, as far as I know, there were no Jews.
Q: Well, do you also know -- and that is something that Dr. Kogon confirmed -- that this was only due to the work of the Defendant Hover with reference to orders of the illegal camp management in collaboration with the Defendant Hoven working against this action, 14 F 13?
A: I don't know the collaboration of the Defendant Hoven with the camp illegal management very exactly. I am sure that Dr. Hoven must have been able to postpone the matter, because it is a fact that in 1942 these invalid Jews were actually transferred, but a large number of these Jews remained in Buchenwald; yes, those that were fit for work.
Q: And beyond that there were others, as Dr. Kogon confirmed. Dr. Kogon told us about a so-called building action which was intended to save Jews?
A: But that was much later. It was approximately in the autumn of 1942 and in 1943 that all Jews were trained as builders and were then sent to Auschwitz and there a large part were exterminated; but that was not really an extermination action as it was the case in Bernburg, but this was one of the many transfers into other camps. The fact that transfer to Auschwitz meant that to many Jews was obvious, but I do not believe that the transfer of Jews to Auschwitz had anything to do with the order 14 F 13.
Q: I am now asking you, is it not possible that you are making an error? Try to refresh your memory and think about it very carefully, witness, because Dr. Kogon confirmed that this action referred to 14 F 13?
A: I don't believe it.
Q: However, you are not excluding the possibility?
A: But, there were two separate actions.
Q: Will you please answer my question? Do you want to exclude the possibility?
A: If this action....
Q: You can answer the question with "yes" or "no"?
A: I cannot answer it with "yes" or "no", just like that.
Q: One moment, but I take it that you do not exclude the possibility 100 percent?
A: No, that is correct.
Q: Do you know that during this first action, 14 F 13, the Defendant Hoven selected, or later saved Jews, Czechs and Poles by receiving a thesis on anthropological measurements from Dr. Lolling, and where did that take place; in the pathological department?
A: Yes.
Q: But what detail in Buchenwald are you referring to; I am asking if you know about it?
A: Well, the possibility exists that people were actually saved by Dr. Hoven.
Q: Now, is it further correct that during this first action in the year of 1941, the Defendant Hoven was not yet the first camp physician? I am reminding you that at the beginning of my cross-examination you pointed out it was Dr. Blacke.
A: I know that in the autumn of 1941 when the two hospital Capes, Walter Kraemer and Karl Feichs were arrested, at that time Dr. Hoven had not yet the power to save them. No would have done so if he could. You could collect from that at that time he was not yet the first camp physician, although I do not remember exactly who was the camp physician at that time, I thought it was Dr. Blancke.
Q: Until what time do you think Dr. Blancke was camp physician?
A: Dr. Hoven only became camp physician in 1942, but at least at the beginning of 1942 he had a very strong position in the camp since at that time he included himself into this fight between the criminal and political prisoners. As far as I know Dr. Blancke was the so-called standart-physician and the first camp physician at that time, but he was only the first camp physician in a nominal character. The real leadership of the camp was at that time in the hands of Dr. Hoven already.
Q: Your further stated, Witness, that the second transport did not leave, and that was due to the influence of the Defendant Hoven. Will you please describe to the Tribunal what the Defendant Hoven actually did in order to prevent the departure of the second transport?
A: As far as I am informed, in November and December of the year of the a further transport was intended and in this transport there were some loading political inmates included which apparently endangered the camp administration. The fact that a large influence was exercised on Dr. Hoven at that time is known to me, or rather, became known to me and as far as I found out, Dr. Hoven did not give his approval for this action. At any rate this action then really was dropped entirely.
Q: How many persons did this transport envelop?
A: I cannot say that since we could only find out the amount of people in the transport when the lists were compiled.
Q: But there were many hundreds?
A: Yes, certainly there should have been many hundreds.
Q: And it is therefore correct to say that owing to the interference of the Defendant Hoven many hundred Jews were saved from certain death?
A: Not only Jews, but at that time we were mainly concerned with Aryans, and it is quite sure that Dr. Hoven did an enormous amount of work in favor of the inmates in the camp.
Q: Perhaps you can tell the Tribunal about further services of the Defendant Hoven for the benefit of the camp?
A: I know that many members of French and Dutch origin who were to be sent to Natzweiler in this so-called. Night and Fog Action were held back by him. Among them there was the Dutch painter, Piek, the Dutch sports instructor, Jan Robert, and a number of other Frenchmen, No doubt they have to thank Dr. Hoven for being saved.
Q: And it is further correct that the Defendant Hoven when saving these foreigners risked his own life?
A: I am sure it was very dangerous for him.
Q: I now come to the second action, the second action called 14 F 13. You were speaking, when examined, about a correspondence which referred to Action 14 F 13. Do you know that this correspondence referred to the second Action 14 F 13 in the year of 1942?
A: I had reason to believe that this correspondence referred to all such actions.
Q: Well, how large really was this correspondence? How many letters did you really see?
A: There were about two or three copies.
Q: Just two or three copies. What year did these copies come from?
A: As far as I remember they came from the year of 1941.
Q: Again?
A: 1941.
Q: Well, as there a possibility that they really originate from 1942, or do you want to exclude that possibility?
A: That I cannot say with certainty any longer.
Q: Do you further know that this second action, 14 F 13, which was ordered for the year of 1942 was not actually carried through in Buchenwald?
A: I only know that the invalid Jews were sent away to Bernburg, and that they were all exterminated there. I don't know whether this action was planned against all the Jews or only against the invalids, or whether this action was just confined to the invalids through the interference of Dr. Hoven.
Q: And you neither know -- well, you only know the transports, but you don't know whether these transports belonged to the first or to the second action of 14 F 13?
A: No, we assumed that it was all concerned with the same action.
Q: You wore speaking about the tuberculosis action and you said in that connection correctly that this action was conducted by Dr. Eisele but you further said, "As far as I know, during the first action, the Defendant Hoven was the first camp physician".
A: Since at that time I had forgotten the name of Dr. Blancke; he could. have been the first camp physician at that time.
Q: You were then speaking about the killings. The Defendant Hoven part admits these killings out is it correct that these killings had nothing to do with the Action 14 F 13?
A: I don't believe so because these were measures which were a habit in the camp.
Q: Would you dust repeat your answer?
A: I don't believe that these current killings have anything to do with any action like that.
Q: So your answer is no?
A: Well just repeat your question once more
Q: Had these killings anything to do with the Action 14 F 13?
A: These killings did not only take place during the time when this action was running.
Q: May I interrupt? Maybe you can first answer my question with yes or no, and then give a reason.
A: Well then, no.
Q: The Defendant Hoven maintains that he only killed persons by request of the legal camp management. The witness Kogon confirmed that fact. He cited one case here in detail and he made it very clear that it was necessary to kill persons in order to save the majority of the decent inmates.
He described in detail the case of Kazimiera Kurowska, and the witness kogon further spoke about a state of emergency in the camp, and I am now asking you, can you say with certainty that persons were killed without it's being ordered by the legal camp management or conducted by the legal camp management, or can you merely say that, "I don't know it".
A: But I do know it.
MR. McHANEY: If the Tribunal please, I think the witness is entitled to know that he is being questioned with respect to information given by the witness Kogon; that Kogon testified at a minimum that, so far as he know, the Defendant Hoven had not committed killings unconnected with recommendations made by the illegal camp government, but Kogon very learly stated in addition that he was not personally informed on the activities of Hoven in the camp hospital, and he therefore, was not testifying with respect to alleged killings by Hoven in the camp hospital. The witness here was in the camp hospital and has testified as to killings by Hoven in the camp hospital, and I therefore submit that it is unfair to the witness to put Kogon's testimony to him in the form which defense counsel has done.
THE PRESIDENT: There is merit in counsel's objection. If this witness is to be cross examined at further length, the questions being based upon the testimony of the witness Kogon, the witness should be permitted to read the testimony given by Kogon in order that he may see exactly what Kogon testified to. This cross examination has continued at considerable length on matters which do not appear to be particularly material, with a great deal of repetition in the cross examination.
The Tribunal does not desire in any way to limit counsel in the cross examination of a witness, but it is net the purpose of cross examination to indulge in arguments with the witness. Counsel may proceed.
BY DR. GAWLIK:
Q: You further mentioned the case of Dravinovitch?
A: Gavrilovitch was the name.
Q: Were you present during that incident?
A: I came there the moment the man was carried from the room.
Q: Well, your reply is, no, that you only arrived there at the time he was carried away?
A: I knew about this case. I was told about it. I saw how this man was walking inside, and then I had to leave the room for some official reason, and as I left again, this man was carried out.
Q: Well, if I understand you correctly you weren't there when he was mistreated?
A: No.
Q: Well, isn't there a possibility -
DR. GAWLIK: Well, I have no further questions about this case.
THE PRESIDENT: Is there any further cross examination of the witness on the part of any of the defense counsel?
CROSS EXAMINATION
BY DR. MERKEL: (Counsel for Defendant Genzken)
Q: Witness, you know that in Buchenwald in connection with the typhus experiments there were two stations in the camp, one research or clinical station in Block 46, and then the production station in Block 50?
A: Yes.
Q: Do you know anything about the f act that in January 1943, according to an entry in the diary of Ding, preparations were made for the production block 50, and that at that time the experimental station changed its name from experimental station to department for the research of typhus and virus?
A: I don't know anything about the development of this institute since Dr. Kogon is much better informed about these matters than I am.
Q: Well, in that case, you can neither say anything about the letterhead of the Institute before or after that period of time?
A: When exactly this Institute received, that name. I can't tell you exactly.
Q: Did you yourself see the Defendant, Genzken, at any time in Buchenwald
A: No.
DR. MERKEL: Thank you. I have no further questions to the witness.
THE PRESIDENT: Any further cross examination of this witness? Has Counsel for the Prosecution any examination, re-examination of this witness redirect?
REDIRECT EXAMINATION BY MR. HARDY:
Q: Witness, in connection with this tubercular action, whether or not Hoven was first or second camp physician? Was he a higher-ranking man or doctor than Eisele?
A: T.B., certainly. Even before he officially became the first camp physician he had decisive influence.
Q: Witness, and do I understand you clearly in answer to my questions and the questions of the Defense Counsel for Hoven that Hoven selected the Jews m 1941 after physical examination, that said Jews were placed on a list, and that substantially the same Jews on that list were later transferred in 1942 to Bernburg for extermination?
A: He at least participated during the examination. It is possible that the lists at that time were still signed by Standartenfuehrer Brandt.
MR. HARDY: I have no further questions, Your Honor.
THE PRESIDENT: Do any Defense Counsel desire to cross examine this witness upon tHe testimony he has just given?
DR. GAWLICK: I request permission to ask one question, your Honor.
THE PRESIDENT: It will be granted.
RECROSS EXAMINATION BY DR. GAWLICK:
Q: You said that the possibility existed that the defendant Hoven was the second camp physician during the TBC action -- and I must correct myself If I understood you correctly, you stated that during the TBC action Dr. Blancke had been the first camp physician at that time. I am now asking you did the defendant hoven have the possibility to prevent the TBC action which was carried out by Dr. Eisele? Please answer the question now with "Yes" or "No".
A: No.
DR. GAWLIK: Thank you.
THE PRESIDENT: The Tribunal has noticed during the past few minutes some apparent difficulty with the electric lighting system in the courtroom. If it should happen that the electric lights are extinguished, everyone in the courtroom will remain quietly in his seat. The guards will immediately stand at their post and remain standing there. The witness is excused.
(Witness excused)
THE PRESIDENT: The Prosecution may proceed.
DR. HOCHWALD: If it please the Tribunal, we would proceed with the presentation of the evidence on the Euthanasia Program in Book No. 15. I read from the first page of the document book and offer into evidence Document No.629-PS which will be Prosecution Exhibit 380, dated 8 July 1940:
stamp: Reich Ministry of Justice, 9 July 1940, Department: III/IV.
To the Reich Minister of Justices:
I have a schizophrane son in a Wurttembergian mental institution. I am shocked about the following absolutely reliable information:
Since some weeks insane persons are taken from the institutions allegedly on the grounds of military evacuation. The directors of the institutions are enjoined to absolute secrecy. Shortly afterwards the relatives are informed that the sick person had died of encephalitis. The ashes are available if so desired.
This is plain murder just as in the concentration camps. This measure uniformly emanates from the SS in Berlin. The institutions dare not inform the authorities. Inquire at once at Rottenmuenster Schassenried, Winzortal, all in Wurttemberg. Have the lists of two months ago submitted to you, check upon the inmates who are there now and ask where the missing persons went to. For seven years now this gang of murderers defiles the German name. If my son is murdered, woe. I shall take care that these crimes will be published in all foreign newspapers. The SS may deny it as they always do. I shall demand prosecution by the public prosecutor.
I cannot give my name nor the institution where my son is, otherwise I, too, won't live much longer.
Heil Hitler Oberreigierungsrat
-- which means a higher Government official --
N. At the same time I write to Hitler.
(penciled note) To States Secretary Freisler with the request to collect such letters. 10 July 1940.
I want to turn non to Document626-PS. Your Honor, that is on Page 7 of the English Document Book. I want to point out that Document626 -- no. I am sorry. This is on Page -- I am sorry. It is on Page 8 of the Document Book Document626-PS is identical with Document NO-829, but by mistake was only partly included in the Document Book; therefore, I am prepared to read 626-PS and I am not going to introduce Document829. Document626-PS will be Prosecution Exhibit 381.
The Prosecutor - General, Stuttgart, August 1, 1940. To the Minister of Justice of the Reich, Berlin W 8, Wilhelmetr. 65. Reference: Information about unnatural death of inmates in asylums." In brackets: "Grafeneck case. Enclosed: 2 copies.
In addition to my resort of the 15.7.1940, and after my reception by Secretary of State Dr. Freisler on the 30.7.1940, I send you herewith copies of an excerpt from a letter addressed to the President of the Special Court in Stuttgart, as well as of a private note sent to me. Both letters confirm the fact that the mysterious events which took place in some medical establishments brought about a strong agitation among large groups of people and that church circles particularly meddle with the matter.
If it were to be confirmed that men wounded in the World War as well as private patients, to whom their relatives had still kept a faithful attachment, had been submitted to such a measure, I fear there would ensue from it very serious consequences and an unbearable position for the judicial authorities, unless the matter is very seen and clearly settled by legal provisions. Moreover, it ought to be considered that the matter could be taken up by enemy propaganda. Further on Grafeneck, which is a remote establishment without communal character, possesses an own registrar's office (and apparently a special crematorium, too) and the numerous and stereotyped dead certificates delivered there as well as in some other establishments in Saxony, Brandenburg and Austria -- from 60 to 70 since Pay 1940 only have been received by the probate court and court for the protection of ward in Stuttgart -- struck the authorities of the voluntary jurisdiction.
There I apply for instructions as to how I have to tackle those present and possibly future information cases.
By order Signed Holzhaner.
I want to introduce as the next document Document830 on Page 4. This will be prosecution Exhibit 382, your Honors. "Copy.
For several weeks now there are rumors in the localities around Grafeneck that everything could n t be all right in the castle. The Home for Aged People Castle Grafeneck there has been dissolved, and now the wide area surrounding the entire complex is isolated by the SS. Only now and then buss with sick persons can be seen arriving. They are said to be patients from the Mental Institutions Zwiefalten and from similar institutions who are brought to the Castle, who were never seen again, and whom one is not permitted to vi? either. A frequently ascending smoke arouses suspicion. At first the population supposed that it was a question of the patients being used as test subjects for poison gas or that experiments concerning the healing of persons poisoned with gas were supposed to be executed.
Allegedly, only such patients are used who no longer have any relatives whatsoever and who have only a very short time to live anymore, anyhow. I heard this about four weeks ago. In the meantime, I still learned the followings:
--
I am refraining from reading about the several cases which are listed here and only want to point out the date, 25 July 1940.
The next document is on Page 10 of the Document Book, your Honors, NO-839, which will be Prosecution Exhibit 383. In brackets: Arrived on 8 December from Chief Prosecutor at Zwickau, and I read this short paragraph on the first page of the document:
On 11 November 1940 trial came up before the 10th Criminal Divisional Court of the Landgericht Zwickau against the worker Bruno Has of Zwickau with the purpose to confine him to a mental institution. Some days before the session I discussed the affair with the president of the 10th Criminal Divisional Court, director of Landgericht Dr. Pfinke. On this occasion I told him confidentially that Regierungssanitaetsrat Dr. Balendoerfer of the State dental Institution in Unterpoeltpach mentioned in a previous discussion with the same topic of confining a defendant that in checking the question whether a person should be confined, the viewpoint of euthanasia as performed today, has also to be considered. Dr. Pfinke who was very astonished about t is information then had talked to a professor of an institution of this place. Dr. Pfinke also told me the name but I cannot recollect it today. He told him that he had the greatest remorses: he had been ordered to dispatch some children who were feebleminded but otherwise fit for life, who had been hospitalized in his institution. He did not know where the children went to Sometime later he would be informed that they had died. He had scruples to make other children transports because he did not know if he was not going to be guilty of aiding and abetting murder. Dr. Pfinke thought that this it had to be assumed that euthanasia was actually performed; he expressed the opinion that this fact could not possibly be without influence upon the criminal court when examining the question, whether a person is to be confined or not. Dr. Pfinke asked me to inform the chief public prosecutor confidentially about his report. This I did immediately.
I am skipping the last paragraph and quote only the date: "Zwickau, 5 December 1940. (Signature): illegible. Prosecutor."
The next document I offer into evidence is Document622-PS on page No. 12 of the Document Book, Prosecution Exhibit 384:
The Advocate General, Naumburg, 13 September 1940, Secret Reich matter. To Reich Minister of Justice. Attention Herr Staatssekreta or Dr. Freisler.
Subject: The death of persons committed to sanatoriums.
On the basis of this order given to me on the occasion of my verbal report on 10 September 1940, I report:
In the middle of June 1940 the Brandenburg on Havel Land-sanatorium informed the Naumburg prosecuting authority as executory authority of a number of cases in which persons who were committed to a sanatorium according to paragraph b2 of the Reich criminal code had died in the said institution. In three cases it concerned persons who had been sentenced to jail, and being not of entirely sound mind, were also committed to an institution; in two cases they were persons of no sound mind against whom the sentence pronounced only the commitment to an institution. There was a further case in which a person while serving his jail sentence had become insane and thereupon was transferred to an institution. In one case "acute Nephritis" was reported as the cause for death; in another case it was "heart failure"; in the remaining cases a more detailed report was lacking.
The multitude of the cases, but especially the circumstance that always the same date, that is, 14 June 1940, was given as the day of death, appeared strange to the Attorney-General in Naumburg, particularly as a cause for death had been given in at least two cases which would not permit the assumption of mass death resulting from catastrophic, events, as for example fire and explosion or similar accidents. The Attorney-General therefor felt induced to notify me or the circumstances.
I am now turning to page 15 and want only to read from the middle of the page -- point 6:
1 Js. 2120/20. The Russian laborer Josef Carasimowit of Neumarkt, born 14 May 1892 in Etminzy, district of Wilna, was sentenced to death for murder, by the court of assizes at Naumburg (8) on 13 December 1921. The death sentence was commuted to life imprisonment by an act of grace. When Gerasimowitz became insane the Prussian Minister of Justice ordered his transfer to a sanatorium according to a decree of 7 September 1923. On 15 September 1923 Gerasimowitz was transferred to the Nietleben sanatorium. The AttorneyGeneral at Naumburg was notified by the sanatorium at various times, for instance on 28 August 1932, on 7 October 1931 and on 7 October 1933 that a cure for the patient would be impossible.
On 15 June 1960 the Brandenburg a.H. Land-sanatorium reported that the patient, who only a short time previously had been transferred to Brandenburg a.H. for administrative reasons, has died there of heart failure on 14 June 1960.
The next document will be No. NO-836, on page 17 of the Document Book, which will be Prosecution's Exhibit No.385. I only want to road the first lines:
The Attorney General, Stuttgart S, 12 October 1960. To the Reich Minister of Justice. Subject: Unnatural death of inmates of mental institutions with reference to the personal report of Chief Public Prosecutor (Oberstaatsanwelt) HOLZHAEURER to State Secretary Dr. FREISLER.
This is a similar report to those which have been read into the record. A similar report is No.618-PS, on page 20 of the Document Book, and which will be Exhibit No.386:
The Prosecutor General. To the Reich Minister of Justice.
I report further in the matter regarding the eliminating of unfit life:
The next document is on page 26 of the Document Book No.626-PS, and which will be Prosecution's Exhibit 387. It is from the:
Directorate of the County Asylum Waldheim (Sax.). To: The Minister of the Interior for Saxony.
I forward to you herewith requests from the offices of the Attorneys General for Chemnitz and Dresden respectively, and beg you to answer them, as we cannot handle these requests.
The shoemaker Arthur Willy Erler (born 22/8/04 was sent to our asylum on 30/7/39, after having served his sentence at the Waldheim prison. He is a blind man and a dangerous habitual criminal, who was ordered to be kept in security detention and placed in an asylum. Except for his criminal disposition, E. had no mental disease; he was sent to this asylum because, apparently, the police wanted to get rid of the blind man. I submitted a request to the ministry to have E. placed insecurity detention. However no decision was taken concerning this request, because E. was transferred with a collective transport of patients of the Charitable Patient Transport Corps.
The dentist Dr. Hermann Wirsing (born 15/8/83) was sent here from the Dresden jail on 15/4/40 according to article 42 b of the penal code; he was transferred out again the following day (on 16/4/40) with a collective transport of patients of the Charitable Patient Transport Corp. He is a psychopath and a chronic morphia addict. His relatives have inquired a great many times by letter or telephone about his transfer and his present whereabouts.
For the director of the asylum: on behalf of:
The next document is Document No., NO-838, on page 28 of the Document Book and it will be Prosecution's Exhibit No.388. It is from the Chief Prosecutor, Chemnitz, and is dated 3 December 1940, and it is to the Attorney General or official Deputy. The subject is:
Report on Irregularities in the Mental Institution Waldheim and in other similar establishments.
I want only to read a short paragraph -- the forth one down:
In the case of Gebsattel the criminal court was preparing a retrial after the time the condemned person had already been transferred and had died.
I turn now to page 31 of the Document Book. Document No. NO-844, which will be Prosecution's Exhibit No.389.
"DER OBERLANDESGERICHTSPRASIDENT";
Which means the president of a higher court.
Frankfurt, 16 May 1941. To the Minister of Justice. Top secret.
Subject: Report on the general situation in the area of Oberlandesgericht (Main District Court) Frankfurt/Main (Ordinance of 9 December 1936.
Enclosures: 2 further copies of the report.
I believe that I should amplify my situation report of the 3rd inst, as to the attitude of the population with regard to the extermination of life unfit to live.
In places where there are mental institutions, and in their vicinity, sometimes, however, even in whole districts like for instance in the Rheingau constant talk is going on regarding the question of extermination of life unfit to live. The vehicles which transport the patients from their institutions to transient stations and from there to extermination stations arc known to toe populace. I am told that even children call out when such transport cars pass. There are some more to be gassed. It is said that on the way from Weilmuenster to Hadamar daily 1 to 3 large busses pass through Limburg with covered windows which bring the inmates to the extermination institution Hadamar. The story goes that the arrivals are at once entirely undressed, paper shirts are put on them, and they are then taken into a gas chamber where they are liquidated with prussic acid and an additional narcotic gas. The bodies are said to be taken on a conveyer belt right into a cremation room, six at a time into one oven; the ashes are distributed into 6 urns and sent to the relatives. Every day one can see the thick smoke from the cremation hall over Hadamar. There is further talk that in some cases the heads or other parts of the bodies are cut off in order to have them anatomically examined.
The personnel engaged in the liquidation in these institutions which has been brought in from other places, is absolutely shunned by the populace.
The personnel sits in inns evenings and imbibes strongly in alcohol.
Apart from the outward appearance, which occupies the phantasy of the populace, the population is uneasy especially as regards the question whether old people, who have accomplished things in life and now, in their old ago, have become feeble-minded, are also to be liquidated. There are rumors that homos for the aged are also to be evacuated. It is said that the population is waiting for a legal regulation giving a definite procedure so as to ensure that such old people who have become feeble-minded shall not be included in this action.
It is also maintained that patients who were kept in private homes are to be betched and done away with. Further more it is believed that patients, who have done useful work all along in the institutions and whose mental life has definitely not died down completely, are also being liquidated.
Above I have merely repeated rumors which are current among the population, even in as big a city as Frankfurt, according to information I have received. I am not in a position to check this information.
Finally I would like to point out the following: In a Gau Press Conference in Frankfurt, on 30 April 1941, the Gau Press Office Chief, UNTERMANN, drew the attention of the chief editors to the fact that obituaries had lately been noted in the daily press of the district which in future will no longer be allowed to be printed; for instance:
a) Deceased, according to information from the mental institution...
b) As already expected we were informed that......
c) After a long period of uncertainty.....
Incidentally the Chief of the Gau Press Office explained in a closing remark that in wartime an increase in deaths due to illness is natural, and thus also, of course, an increase on deaths in mental institutions.
/s/ UNGEWITTER.
For file not MIEIKE. The State Secretary asks for approximately the following letter to BOUHLER:
In addition to the reports which the....submit regarding the situation in their districts, they also mention the rumors which disturb the population. Will you please inform me whether you are interested in being informed regarding such rumors which have been indicated to me as such. I shall then permit myself to submit to you the contents of such reports.
/s/ (illegible.)
The next document is on page 34 of the Document Book, and is No. NO-845, and which will be Prosecution's Exhibit No.390.
THE PRESIDENT: Your Exhibit No.389 which is dated 16 May 1941 -
MR. HOCHWALD: Just a minute, I want to check? 16 May 1941 -- it may be seen from the note, 17 May 1941.
THE PRESIDENT: Very well, proceed.
MR. HOCHWALD: The next document, is on page 34, No. NO-845, which will be Prosecution's Exhibit No.390. I want to submit this without reading it. It is a letter from the Attorney General, Koeln, dated 20 October 1941, and it is to the Reich Minister of Justice and the subject is: Extirpation of life unfit to live. This is a similar report to the previous one?
The next document is on Page 37 of the Document Book, No. NO-001, and which will be Prosecution's Exhibit No.391. It is dated:
Mauren, 25 November 1940.
Dear Frau Buch!
It probably is the simplest way for me to direct this letter to you with the request to forward it to your husband or to hand it to him when he returns home of you think it better. Doris wrote us some time ago that he is in Poland.
The problem which brings me to you today is not a personal matter but it concerns all of us and it would seem to me to be the hardest of all those which we have had to tackle so far. Until new nothing could shake my confidence in the successful overcoming of all difficulties and dangers which the "Greater Germany" is meeting on its way, and with my faith in the Fuehrer. I have unswervingly fought my way through thick and thin; but that which looms up before us new simply takes the ground from under our feet as a young 100% party member, a co-worker in the office for racial policy, said to me yesterday.
Undoubtedly you know about the measures presently used by us to dispose of incurable insane persons; still, perhaps you do not fully realize the manner and the scope of this, nor the horror it creates in people's minds. Here, in Wuerttemberg, the tragedy takes place in Grafeneck, on the Alb, as a result of which the name of that place has taken on a most ominous meaning. In the beginning one instinctively refused to believe the tale, or in case consider the rumors extremely exaggerated. On the occasion of our last business meeting at the Gau School, in Stuttgart, about the middle of October, I was still informed by a 'well informed' person that this involved only idiots, strictly speaking, and that application of 'Euthanasia' applied only to cases which have been thoroughly tested. It is entirely impossible now to make anybody believe the aversion and individual cases established with absolute certainty spring up like mushrooms. One might deduct perhaps 20% but even if one tried to deduct 50% this would not help. The terrible and danger us part is not so much the fact in itself; if a law had been created on the order of the sterilization law which subjects certain categories of sick people to the most thorough examination by experts, patients in whom there is no Longer left even a spark of recollection or of human feeling then, I am convinced, feelings would clam down after the initial indignation and people might have become reconciled with it, perhaps quicker than with the sterilization law.
Perhaps after a few years one might not oven have understood any more why this merciful law had not been introduced long before? But considering how matters are new being handled, the effects arc truly unfathomable from every point of view. Opinions may vary on how far men can arrogate to themselves the right to decide on the life or death of their fellowmen; but one thing should be stare anyhow: This right must be strictly established by law, and it must be administered with utmost conscientiousness or else doors will be opened wide to the most dangerous passions and to crime. It was a well established practice, for instance, to get rid of embarrassing relatives by declaring them insane and lodging them in insane asylums.
I am of the opinion that then the people have the right to know about the law the same as they know of the sterilization law. The most awful thing in the present case is the 'public secret' which creates a feeling of terrible unsafety. It could not possibly be expected to guard the secret indefinitely even though he who gives it away becomes liable to capital punishment, as is said to be the case in this instance? It was equally unheard of to expect people to believe in the mysterious 'epidemics' to which the relative was said to have succumbed; a mistake which never can be made good again.
Those who are responsible for these measures, do they have no concept of the measure of confidence they have thereby destroyed? Everybody must at once ask: What then can still be believed? Where is this path taking us and where should the boundary line be established? It is not that only hopeless idiots and mentally deranged persons were affected but, as it seems, all mentally incurables will gradually be included, also epileptics whose mind is not at all affected. Frequently there are among them persons who still take some part in life, who accomplish their modest measure of work, who are in contact with their relatives by mail, persons who, when the grey motor car of the SS rolls up, know where they are to be taken. And the farmers on the Alb when they see these cars pass know also where they are going, and day and night they seen the smoke from the crematory. We also know that among the mental incurables there are many persons of highest intellect, those who are deranged in part only, and those who are deranged periodically only and who for periods in between have a perfectly clear mind, with enhanced mental energies.
Was it not enough to sterilize them, and is it not horrible to think that above all those the sword, of Damocles at Grafeneck is suspended?
While I am writing down all this, I am again so overwhelmed by the ghastliness of those things that I feel I am having a bad dream from which I must awake again'. And to think that just now women are to come forward for a huge campaign! And what is the canvas material for the Catholic Church!
Now the people still cling to the hope that the Fuehrer does not know about these things; that ha could not know, otherwise he would have to take action against it; that in no case does he know about the manner and extent of these things which take place. I feel, however, it must not go on that way much longer or this confidence will be shattered also. It still is so moving to come across this confidence just among the simple people.!Of course, the Fuehrer does not know of it!; and this weapon we must keep shining as nothing else! We cannot do this, however, by trying to throw dust into people's eyes, as long as possible to quiet them with subterfuges and hushing up when they ask us, with excuses which we do not believe ourselves. I am also convinced that we will pay bitterly for this attempt to stultify the people's sound fooling of resistance against these happenings and to silence it; it is the feeling of right and justice without which people invariably goes astray. Again, one must not permit the wave of indignation to become so strong that it breaks an open path for itself by force or that it, which would be worse still, begins to consume us from inward out. The matter must be brought to the Fuehrer's ears before it is too late; and there must be a way by which the voice of the German people can reach the ear of its Fuehrer!
Much could still be added on this subject; but I believe I have said what is essential; and I do not want to abandon the hope that the unified strength of those who recognize the danger clearly and who muster the necessary courage will help us to find the way out of this labyrinth. I do hope that you and your family are well and particularly that you are receiving good news from your sons on the front and that despite all you are all looking forward to a merry Christmas in wartime.
I still have my daughter with her two children here. Probably she will be here throughout the war, that is, as long as we still can live in the castle. Much to our regret we had to decide to rent it to the Women's Labor Service last spring; otherwise we would not have been able to hold the farm financially. We hope soon to build a small house in the garden where we can got along with one maid. The question only is where we are going to be until that little house is finished? At the end of the week my daughter-in-law, and English woman by birth, will also come with her little child because they cannot find an apartment in Chemnitz. Thus, before vacating the castle, it at least will once more be fully utilized.
With kindest regards to your husband also and Heil Hitler! your /s/ Else von Loewind
The name is "Loewiss"; this is a printing mistake in the translation.
THE PRESIDENT: The Tribunal will now recess for a few moments.
(A recess was taken.)