1947-01-15, #1: Doctors' Trial (early morning)

Official transcript of the American Military Tribunal in the matter of the United States of America against Karl Brandt, et al, defendants, sitting at Nuernberg, Germany, on 15 January 1947, 0930, Justice Deals, presiding.

THE MARSHALL: The Honorable Judges of Military Tribunal 1.

Military Tribunal 1 is now in session.

God save the United States of America and this Honorable Tribunal.

There will be order in the courtroom.

THE PRESIDENT: Mr. Marshal, ascertain if the defendants are all present in the courtroom.

THE MARSHALL: May it please the Tribunal, all the defendants are present in the courtroom.

THE PRESIDENT: The Secretary General will note for the record the presence of all the defendants in the courtroom. The prosecution may proceed. Due to defects in the sound transmission, the Tribunal will take a recess.

(A recess was taken.)

THE PRESIDENT: The Prosecution may proceed.

MR. HOCHWALD: The next document I want to present is on page 157 of the English Document Book, 623-PS, which will be Prosecution Exhibit No.400.

The State Bishop Stuttgart, 6 September 1940
To the Reich Minister of Justice
Dr. Guertner
Berlin W
Wilhelmstrasse 65

Dear Reich Minister:

Permit me to inform you of a second letter I have sent to the Reich Minister of the Interior concerning planned extermination of insane, feeble, and infirm compatriots. This thing is growing into a great danger and scandal I would appreciate it very much if you, Reich Minister, permitted me to present....

THE PRESIDENT: Apparently defense counsel is not receiving the translation. Is the transmission system now in operation?

INTERPRETER: Yes, Your Honor, it is.

THE PRESIDENT: Counsel will begin the reading of the document ever again.

MR. HOCHWALD:

To the Reich Minister of Justice
Dr. Guertner
Berlin W
Wilhelmstrasse 65

Dear Reich Minister

Permit me to inform you of a second letter I have sent to the Reich Minister of the Interior concerning planned extermination of insane, feeble, and infirm compatriots.

This thing is growing into a great danger and scandal. I would appreciate it very much if you, Reich Minister, permitted me to present you next Wednesday, September 11, further details about the matter with corroborating documents. Notification if and when I may be received is requested care of Dean Keppler, Berlin NJ 87, Holsteiner Ufer 16, phone 392950.

Heil Hitler! Your /s/ D. Wurm

The next document is on page 158, Document Number NO-846, which will be Prosecution Exhibit Number 401.

The Archbishop of Munich and Freising
Munich 2, 6 November 1940
To the Reich Minister of Justice Dr. Guertner
Berlin

In spite of all precautions and threats, it has today become an open secret that questionnaires are requested on the inmates of mental institutions, their age, their regular visits, the duration of their illness, that the designated persons are taken in groups, during the night, by train or in busses to other institutions, to Grafeneck in Wuerttemberg, to Hartheim near Linz on the Danube, to Sonnenstein in Thuringia, and that after about a week their next of kin are informed from there that they have died suddenly.

The relatives are at the same time informed that 'due to police regulations or for reasons of public health' the body has been cremated.

The relatives in their grief and their bitterness approach the church authorities and submitting the written announcement ask for a church funeral. The German bishops, without changing their fundamental standpoint with regard to cremation, agree in such cases to a church funeral, because the cremation took place without the consent of the guardian or the relatives and against their religious conviction. But loud and louder is the cry from the circles of the German people for a statement from the German bishops on with this fact, the official extermination of sick compatriots.

The formula of the oath of allegiance agreed upon in Article 16 of the Reich Concordate obligates the bishops "in the dutiful care for the well-being and interests of the German state to prevent any damage which might threaten it."

The Archbishop of Munich, therefore, feels that he has the obligation by virtue of the Reich Concordate, not only by God's commandments, the unshakable basis of any public order (Page 2 or original) and not only by the cries of the distressed people to raise before you, the Reich Minister of Justice, the complaint and the accusation that for months inmates of mental institutions have been being done away with on masse, behind the walls of the institutions by means of euthanasia.

The German bishops pronounced the Christian viewpoint on this question in a letter addressed to the Reich Ministry of Justice in 1934, when the draft for the New German Penal Law was under consideration, in which 'euthanasia and the extermination of life unfit to live' was mentioned. The German bishops at that time stated that euthanasia is incompatible with the Christian moral law, adding: 'The same is true of the killing of the incurably insane.' An opinion drawn up by the German bishops on this question, explained this viewpoint in detail in a memorandum addressed to the official penal code commission in the same year 1934. In 1936 there appeared the second edition of the book 'The Coming German Penal Code' edited by you the Reich Minister of Justice; this book contains on page 375 in the paragraph in the new petition of the German bishops of 11 August 1940:

'Consent to the extermination of so-called life unfit to live is out of the question. In the main severely insane person and complete idiots ere concerned.

The National Socialist state is trying to prevent the arising of such cases of degeneration in the body of the nation by extensive measures, so that they will have to become more and more rare. But the strength of the moral standard of the prohibition against killing must not be weakened by the fact that or captions are made for reasons of pure expediency in the case of victims of serious illnesses of accidents, even if these unfortunate ones are united to the body of the nation only by their past or by their external appearance.'

According to this statement, the Episcopate had to assume that the endeavors to exterminate life unfit to live would be refused any legal or other state sponsorship. The developments of the last few months, which have brought about mass deaths of the inmates of mental institutions have frustrated this hope and caused the chairman of the Fulda conference, Cardinal Bertram of Breslau, once again to raise a warning voice in the name and on behalf of the German bishops in a letter addressed to the Reich Chancellery, attention Reich Minister Dr. Lammers, under date of 11 August 1940. I assume that the wording of this letter free the German bishops dated 11 August 1940, from which I take the data given above regarding its antecedents is known to the Reich Ministry of Justice.

The inalienable and unchangeable paragraph of the natural moral order: 'Thou shalt not kill' has been taken over without restriction into the Christian moral code. It is left to God, the Creator of life, the master of life and death, to determine the hour of death. The willful extermination of life, of one's own life by suicide, of the life of others by killing, is stigmatized by the law of God as criminal interference in the moral order. Natural as well as Christian moral law entitles the state authorities to call upon the men able to bear arms to defend their fatherland even at the sacrifice of their lives. The state authority furthermore carries as the 'order of God', 'the sword not for nothing,' and has the right to inflict the death penalty for especially serious crimes committed against the moral order. In the Christian world order, however, a more extensive right, for instance the right to kill life unfit to live by euthanasia, for reasons of euthanasia or even for reasons of national economy, is not recognized.

Even if a state law should exempt such actions from punishment, such a law could not be granted inner justification within the Christian world order.

According to the Christian ideology, ill and suffering human life, not only fighting and economically valuable life, has a vocation to fulfill, within the whole of the people, which can, it is true, be recognized only in faithfully looking up to divine providence. Even the sick person has a right to be evaluated not only according to his economic value. As it is know that particularly these individuals working under greastest mental tension are in danger of mental exhaustion, it is very likely that among those who are killed through euthanasia there are also people who formerly excelled in their work for the common welfare, and those who lost their nerves and the clarity of their minds in the last World War.

The civilized nation, even if it does not consider itself as purely a nation of welfare, has in the school of Christianity, cared in a generous way for the rescue of sick lives. It has trained physicians, set up hospitals and mental institutions, and established in the German nation a welfare system for sick persons which sets an example for others. It would be a terrible contradiction to the past of our nation, if today the state should be given the right to exterminate sick persons, only because the nursing of these patients would divert valuable nursing personnel from their work on the nation as a whole or because the houses of the sick are to be emptied for repatriated compatriots, as is reasoned in the present case. We cannot believe that non of medical science, who chose the high profession of saving and maintaining sick life, could turn their medical profession to the contrary by aiding the extermination of sick lives. It is even harder to believe that the public administration of law should leave one of its highest rights - the right to condemn to death - to men of medical science.

The victims of euthanasia are not criminal but sick people. In individual cases, insanity can result from alcoholism, sexual excesses, or can otherwise be the victim's own fault. But to most cases the saying applies: Neither he nor his parents have sinned. And not only complete idiots or other absolutely unworthy life is concerned. There are those among them who can work from time to time in field and garden and in workshops, such as the epileptics.

And they were not only inmates of state institutions, as the church authorities were told. It can be proved that inmates of purely charitable institutions were also earmarked for death and killed by detouring them through state operated institutions.

Dear Reich Minister of Justice: It is not my intention to raise the old question of whether the state is the only source of law and whether a legal order worthy of humanity can be built upon the slogan: "What benefits the nation is right." But I consider it my duty to point out that it will not be of benefit to our nation, if in wide circles of the people - the inmates of the institutions are from all Gaus and from all classes of the population faith in the world of state officials should cease. Today this faith is deeply shaken by the euthanasia program! Nobody believes that the patient really died suddenly of a disease, of a heart disease or of appendicitis. Nobody believes that the body had to be cremated 'for public health reasons' and 'because of danger of contagion.' These statements cannot hold up under subsequent investigation, which may be expected in state based on law (Rechtstaat). In earlier communications the official even expressed his sympathy to the relatives. One can imagine the comments the people made about this 'sympathy.'

It cannot be lawful and of benefit to our nation, if through such a proceeding of the state health service the value of the individual human life and the right to live at all is so degraded and thus the morale of the nation deeply shaken.

There will always be people who from mistaken pity speak of a 'deliverance' of the incurably ill. But, they become meek immediately if they are reminded that through an accident or a disease they themselves might be put in the same situation, even if they are still healthy today. But it someone should refer to Mietzche, to the man who declared that pity and loving care is nonense, then we would have to tell him that Nietxche himself during later mental illness had to depend on this loving care himself, and that Nietxche, the man who has in his books repeatedly pronounced incredible invectives against the German people, does not represent for us an authority on moral question.

DR. FROESCHMANN, (Counsel for Viktor Brack): Mr. President, the Document which is just being read by the Prosecution, is only contained in part in our Document book, so that we are completely unable to follow the Prosecution. I therefore request that the Prosecution furnish us with a complete Document.

MR. HOCHWALD: The counsel for Defense will receive a complete copy of this Document.

THE PRESIDENT: The counsel for the prosecution has stated that a complete Document will forthwith be furnished for the Defense. The Prosecution will see that is done as soon as possible.

MR. HOCHWALD: I will read from the bottom of Page 163:

The man who has in his books repeatedly pronounced incredible invectives against the German people, does not represent for us an authority on moral questions. How much public morale must be undermined, if the individual human life in the family is deprived of value and rights in such a manner according to the example set up by those who practice euthanasia. Or if the individual, incited by pure materialism, should get the idea of killing a wealthy aunt, a predecessor on a hereditary farm, or some other fellow-being, in order to make a place for himself or to procure for himself some other profit.

It cannot be of benefit to our nation if the confidence in doctors and altogether in institutions is destroyed in the people by the extermination of seriously ill persons, who are considered to be people's parasites (Volksschaedlings.). The compatriots put their sick relatives in the state or charitable institutions in good faith, the physically ill persons in hospitals and the mentally ill or feeble-minded persons in mental institutions. The state or charitable health service has accepted these patients in good faith. Nobody who is clear-minded can deny that a great disturbance has arisen in our people today, because the mass dying of mentally ill persons is discussed every where and unfortunately the most absurd rumors are emerging about the number of deaths, the manner of death, etc. The mysteriousness in the whole proceeding - the patients are sent for in the middle of the night, taken to their destination in cars with the windows covered, they are not allowed visitors -of course does not help to silence these rumors. The panic has already spread to old people's homes and sanatoriums for patients suffering from pulmonary disease.

I need not assure you, dear Reich Minister of Justice, that I have not made the above statements out of pleasure in opposition. In this ethicallegal, non-political question, I considered it my duty to speak, because as a Catholic bishop I cannot be silent when it is a question of the preservation of the moral basis of all public order, and because I, as a German bishop, am obligated under article 16 of the Reich Concordate, to prevent an injury, which in my opinion threatens our nation and to preserve for our reputation of being a civilized nation. We understand, if in wartime extraordinary measures are taken in order to guarantee the security of the country and the nourishing of the people. We tell the people that they must be prepared in wartime to endure great sacrifices, even sacrifices of blood, in a Christian spirit of sacrifice, and we meet with respect in the streets of the town the women wearing the black veil, who have sacrificed a beloved life for the fatherland. The inalienable basis of the moral order and the fundamental rights of the individual cannot however be annulled even in wartime.

I ask you dear Reich Minister of Justice for a reply to the above statement unless a reply has been given in the meantime to the joint petition of the German bishops and some particular petitions.

/s/ Kardinal Faulhaber Archbishop of Munich.

The next Document on page 166 of the Document Book will be Prosecution Exhibit 402 and 615-PS:

The Bishop of Limburg. Limburg/Lann, August 13, 1941.

To the Reich Minister of Justice - Berlin.

Regarding the report submitted on July 16 (Sub. IV, pp 6-7) by the Chairman of the Fulda Bishop's Conference, Cardinal Dr. Betram, I consider it my duty to present the following as a concrete illustration of destruction of so-called 'useless life'.

About 8 kilometers from Limburg, in the little town of Hadamar, on a hill overlooking the town there is an institution, which has formerly served various purposes and of late has been used as a nursing home, this institution was renovated and furnished as a place in which by consensus of opinion, the above mentioned Euthanasia has been systematically practiced for months approximately since February 1944, The fact has become known beyond the administrative district of Wiesbaden, because death certificates from a Registrar Hadamar Moenchberg are sent to the home committee. (Moenchberg is the name of this institution because it was a Franciscan monastery prior to its secularization in 1803).

Several times a week buses arrive in Hadamar with a considerable numb of such victims. School children of the vicinity know this vehicle and say: 'There comes the murder-box again.' After the arrival of the vehicle, the citizens of Hadamar watch the smoke rise out of the chimney and are tortured with the ever-present thought of depending on the direction of the wind.

The effort of the principles at work here are: Children call each other names and say, 'You're crazy; you'll be sent to the baking oven in Hadamar.'

Those who do not want to marry, or find no opportunity, say: 'Marry, never bring children into the world so they can be put into the bottling machine.' You hear old folks say, 'Don't send me to a state hospital.' After the feeble-minded have been finished off, the next useless actors whose turn will come are the old people.

THE PRESIDENT: Won't you read a little more slowly? The counsel for the Prosecution should read these Documents a little more slowly.

MR. HOCHWALD: Yes, Your Honor.

All God-fearing men consider this destruction of helpless beings as crass injustice. And if anybody says that Germany cannot win the war, if there is a just God, these expressions are not the result of a lack of love of fatherland, but of a deep concern for our people. The population cannot grasp that systematic actions are carried out, which, in accordance with paragraph 211 of the German Criminal Code, are punishable with death. High authority as a moral concept has suffered a severe shock as a result of these happenings. The office notice that N.N. had died of a contagious disease and that for the reason his body had to be burned, no longer finds credence and such official notices, which are no longer believed, have further undermined the ethical value of the concept of authority.

Officials of the Secret State police, it is said, are trying to suppress discussion of the Hadamar occurances by means of severe threats. In the interest of public peace, this may be well intended, but the knowledge and the conviction and the indignation of the population cannot be changed by it, the conviction will be increased with the bitter realization that discussion is prohibited with throats, but that the actions themselves are not prosecuted under penal law.

Facta loquuntur.

I beg you most humbly, Herr Reich Minister, in the sense of the report of the Episcopate of July 16 of this year, to prevent further transgressions of the Fifth Commandment of God.

/s/ Dr. Hilfrich.

The next document is on page 168 of the document book, 616-PS, Prosecution Exhibit 403. This is a letter from the catholic bishops of the dioceses belonging to the church provinces of Cologne and Paderborn to the Reich Ministry of Justice, and is on the same subject as the letter I read before.

The next document, on page 170 is Document616-PS, Prosecution Exhibit 404 to the Chancellery of the Fuehrer care of Oberdienstleiter Brack.

THE PRESIDENT: Counsel, isn't that a continuation of the document?

MR. HOCHWALD: No, this is 616-PS. Of, yes, I am sorry. It is not a new document. It is page 3 of Document 616-PS, on page 170 of the document book. This is still Exhibit 403. I read only the third page of the document.

To the Chancellery of the Fuehrer, care of Obordienstleiter Brack or deputy, I send you herewith as other evidence the copy of a petition made in Cologne on 28.8.2941 by the bishops of the church provinces of Cologne and Paderborn. Heil Hitler, by order, to the Chancellery, 3 October 1941.

The next document is on page 171, NO-018, Prosecution Exhibit 404.

Secret Reich Matter, dated 19 December 1940, SS Standartenfuehrer Victor Brack, Staff-Leader at Reich-leader Bouhler. Dear Brack, I hear there is great excitement on the Alb because of the institution Grafeneck.

The population recognizes the grey automobile of the SS and think they know what is going on at the constantly smoking crematory. What happens there is a secret and yet is no longer one. Thus the worst feeling has arisen there and in my opinion there remains only one thing, to discontinue the use of the institution in this place and in any event disseminate information in a clever and sensible manner by showing motion pictures on the subject of inherited and mental diseases in just that locality.

May I ask fer a report as to how the difficult problem was solved. Heil Hitler, initialed by Heinrich Himmler.

The next document is NO-842, on page 172 of the document book, Prosecution Exhibit 405.

Letterhead Viktor Brack, Oberdienstleiter, dated Berlin, 18 April 1941, Strictly Confidential.

My dear party comrade Dr. Schlegelberger: (Handwritten) Top Secret.

According to agreement I send you herewith a folder with various forms wanted for the ascertainment and partial medical preparation, another folder with forms for further clerical elaboration resulting from the death of the patient. The records are secret, however, and I would appreciate, if you would keep them under lock and key. Some more things, are of course necessary, for proper recording and administrative routine, but I do not believe that they are of any interest to you. Thereto belong, for instance the death notification to the relatives of the patient. These are to be kept somehow different according to the district and kind of relatives; they must frequently be altered to avoid stereotyped texts and therefore sample letter would only irritate. I would like to call your attention especially to the card files No. 13 and 14: on their reverse sides you will find a list of authorities who are to be informed.

When reviewing the files again which you put at my disposal I found some details which ought to be clarified and settled; I would be thankful to you for doing so. Therefore I shall forward them to you individually Monday or Tuesday next week. Heil Hitler, Respectfully yours, /s/ Brack.

The next document is on page 174 of the document book, NO-843, Prosecution Exhibit 406, and has again the letterhead Viktor Brack, Oberdienstleiter, dated Berlin, 4 August 1941, to State Secretary Dr. Freisler, Reich Ministry of Justice, Berlin.

Dear party comrade Freisler, Reichsleiter Bouhler, who at present is absent from Berlin, commissioned me to express has gratitude for sending us the camp reports. The report of the President of the Appellate Court in Frankfurt shows that he considers the form of the information letters as very awkward. I would be grateful to you if you would let me have the copies of the letters in question in order to establish their dates, because just in that very institution a change of management took place recently. I will admit that the last manager has been partly wrong tactically. With my best thanks for your efforts in advance.

Heil Hitler, your Brack.

I would like to offer now into evidence NO-115. This document is not in the document book but will be handed up. It should be in the German document book, however. May I read this document, you Honor? It is NO-115 which will be Prosecution Exhibit 407.

THE PRESIDENT: Have copies of this document been furnished to defense counsel, German counsel?

MR. HOCHWALD: The counsel for the defense have received copies of this document. This document is dated Stuttgart, 19 July 1940. "The Bishop of Wuerttemberg to Dr. Frick, Reichminister of the Interior." And I want to point out here that this is the letter to which Document Number 626, I think it is -just a minute -- 623, refers, which is on page 157 of the document book.

The bishop of Wuerttemberg to Dr. Frick, Reichminister of the Interior. Esteemed Minister....

THE PRESIDENT: What is the number of this document as an offered exhibits?

MR. HOCHWALD: The number of the document I am reading, sir?

THE PRESIDENT: The exhibit number.

MR. HOCHWALD: The exhibit number is 407. 623-PS is 400, your Honor. The document I referred to just now was the first document I read today. This is 400, and the document which I am presenting now is Prosecution Exhibit 407.

The Bishop of Wuerttemberg to Dr. Frick, Reichminister of the Interior. Esteemed Minister. For some months now....

JUDGE SEBRING: Counsel, will you again advise the Tribunal as to the number of the exhibit and the page upon which you said reference to this document was found?

MR. HOCHWALD: The page is 157. The document is Prosecution Exhibit 400, 623-PS.

JUDGE SEBRING: Is Prosecution Exhibit 407 the second letter mentioned in the first line of Exhibit 400?

MR. HOCHWALD: Yes, sir.

JUDGE SEBRING: Upon what information do you base that statement, counsel

MR. HOCHWALD: This is from the same writer and it is to, as it is stated here, to the Reichminister of the Interior.

JUDGE SEBRING: The other is to the Reichminister of Justice.

MR. HOCHWALD: Yes sir, but in the text you see, "Permit me to inform you of the second letter I have sent to the Reichminister of the Interior."

JUDGE SEBRING: And you maintain then, that this letter of 19 July 1940 --

MR HOCHWALD: Yes sir.

JUDGE SEBRING: --is the one referred to?

MR HOCHWALD: In 623-PS.

THE PRESIDENT: Counsel may proceed.

MR. HOCEWALD: "The Bishop of Wuerttemberg to Dr. Frick, Reichminister of the Interior. Esteemed Minister."

For some months now, upon instruction of the Cabinet Council for National Defense, insane, feeble-minded or epileptic patients of state or private asylums are being transferred to another institution.

Relatives are informed of transfers only subsequently, even if they themselves bore the expenses of institutional care. Usually, a few months later, they are notified that the patient concerned had succumbed to an illness and that on the grounds of preventing epidemics, cremation had been necessary. According to superficial estimates, there must be several hundreds of these patients already from Wuerttemberg along, among them disabled veterans of the world war, who, in this manner, have lost their lives.

Induced by many inquiries from country and city and by diverse circles, I consider it my duty to call the Government's attention to the fact that this affair has created a great stir in our little country. First of all, because one of the institutions concerned, the Castle Grafeneck, into which patients had been transferred and where a crematory and a registrar's office had been established, is located in Wuerttemberg. Grafeneck is institutional property of the "Innere Mission", a foundation of samaritans, which in many places and far many years accepts and takes care of the physically and mentally ill. Upon instructions of the Ministry of the Interior of Wuerttemberg, this institution was, at the outbreak of the war, transferred to the monastery Reute in Upper Swabia. Grafeneck was set aside for receiving patients gathered from all other institutions. The castle is locate on an eminence of the Swabian Alb in a sparsely populated wooded territory, but the people from this vicinity are just the more interested in what takes place there. The sick transports that are unloaded on the small railway station at Marbach an der Lahn, the busses with their opaque windows which bring the patients from distant railway stations or directly from other institutions; the smoke emanating from the crematory which is visible even from greater distances -- all this is disturbing the people so much the more, because no one has access to the castle.

The other reason why such things are taken especially serious in Wuerttemberg is the fact that symptoms of degeneration are not infrequent in our little country even in families of high mental or moral standing. This is to some extent a consequence of intermarriage among relatives as a result of the long seclusion of the country.

Thus, through these extermination measures against institutional patients a great many families even of the intelligentsia are affected. The very manner of the procedure is sharply criticized in these circles and special comment is made on the falsity of the statements given in this connection. Everyone is convinced of the fact the the officially stated causes of death are arbitrarily chosen. When finally, in the official death notice, regrets are expressed that in spite of all efforts it was impossible to save the patient's life, this is considered as mockery. Above all, however, the mysteriousness leads one to believe that something conflicting with justice and morals is going on and thus cannot be openly backed and supported by the Government, like other necessary and strict war measures of the State. In the numerous verbal and witten assertions received by us, this point is emphasized over and over again, even by the common people. It appears also that very little discrimination was used in the selection of patients for extermination at least in the beginning. Selection was not limited to imbeciles but rather, especially among epileptics, those able to work were also chosen.

I do not want to read the whole document, and only read the last, the signature, "Hail Hitler, /s/ Wurm". The next document is on page 176 of the document book, NO-872, an affidavit of the defendant Gerhard Rose, Prosecution - Exhibit 408.

I. Gerhard August Heinrich Rose, being duly sworn, depose and state;

1. I am the same Gerhard August Heinrich Rose who has heretofore sworn to an affidavit on 13 November 1946 concerning my personal history and my official position. I have been duly warned that the following statement may be used against me in court.

3. During my career which I described in the aforesaid affidavit of 13 November 1946 I came in official contact twice with Dr. Karl Brandt during his before of office. I am therefore, able to make the following statement on my contact with Dr. Karl Brandt.

3. I did research work in malarial strains, malarial injections for therapeutic malaria on insanes in various hospitals and malarial treatment of other forms of nervous diseases.

In order to keep up those malarial strains. I had to work permanently with a certain insane asylum. In 1943 my patients in this asylum had to be evacuated as the institution was taken over and made into a Reich hospital or a municipal hospital of Berlin since many municipal hospitals there were destroyed or damaged by air raids. I, therefore, approached Dr. Karl Brandt and asked him to put an insane asylum at my disposal and to protect my patients insofar that no local authorities should be allow to take over this place and to use it as a general hospital. He then put an insane asylum in Thuringia at my disposal and promised me that my patients could remain in that institution. He also made arrangements that this institution would not be converted into a general hospital in spite of the fact that with the advancing destruction of hospitals in Germany, many attempts were made to convert this asylum into a general hospital.

4. The second time I had to approach Dr. Karl Brandt was in 1944. A most patients of insane asylums were considered hopeless cases - just inmates whose condition could hardly be improved - they received only standard food rations of the normal consumer population and not the food for patients in general hospitals which were considerably higher. With the continuous lower ing of the food rations in Germany, rations in insane asylums became so low that I could not bear the responsibility of using malarial therapy on insane people and submitted therefore to the Ministry of Food a request that insa patients under malarial treatment should receive the usual food rations of patients of general hospitals. The Ministry of Food made some difficulties and I approached Brandt again and asked him to support my request. As a result of his intervention higher food rations were issued to insane patients who were under malarial treatment.

I have read the above affidavit consisting of two pages in the English language and it is true and correct to the best of my knowledge and belief. This affidavit was given by me freely and voluntarily, without promise of reward and I was subjected to no duress or threat of any kind. /s/ Gerhard August Heinrich Rose.

MR. HOCHWALD: The next document is Document D-181, Prosecution Exhibit 409. The first page was by mistake not filed in the document book.

THE PRESIDENT: Upon what page of the document book is that document found, Counsel?

MR. HOCHWALD: The second page. The second page of the document which was filed in the document book, your Honor, is on Page 178. The first page is loose. It would be in 177-B.

The letterhead is "National Socialist German Workers' Party, Gauleiter Westfalen-South, Rubber stamp of Kreisleiter. Reference: Hereditary Health Law," dated "Bochum, 21 January 37.

Following instructions of the Deputy Gauleiter, I here with inform you by copy of a circular letter of the Deputy of the Fuehrer dated 14 January 1937, No. 10/37.

In the decree of the Reich and Prussian Minister of the Interior dated 22 August 36 regarding the application of the law for the prevention of descendants with hereditary diseases, Civil Service doctors are instructed to consult with Hereditary Health Law being instituted against a party member. They will do so before making an application for sterilization on the grounds of congenital imbecility.

The question whether the person is an imbecile cannot be ascertained solely by carrying out an intelligence test, but requires detailed evaluation of the whole personality of the human being. This review shall not only take into consideration the knowledge and intellectual abilities of the presumed imbecile, but also his ethical, moral and political attitude. A number of Civil Service doctors have up to date attached little importance to the reviewing of the personality as a whole. They have up to now hardly ever called for or used information regarding the political conduct of the supposed patient with hereditary disease.

Now that the Party by virtue of the decree of the Reich and Prussian Minister of the Interior is consulted in the proceedings on matters of hereditary diseases against Party members, it is the task of all Gauleiters to ascertain that the law regarding hereditary health will, in fact, be used in the sense in which it was designed.

School masterly examination is not to be alone decisive in judging whether a person concerned is an imbecile. It is, in fact, to be ascertained as well how the person concerned behaves in daily life, whether he can meet the demands which life makes on an average person and whether he can be regarded as a full member of the community. If the Gauleiter, on the basis of this examination of the personality as a whole of the Party member, comes to the conclusion that the Law For The Prevention of Descendants with Hereditary Diseases is applicable, he must then investigate whether the person about to be sterilized has achieved very outstanding merits for the National Socialist Movement. If the Gauleiter reaches this conviction and feels that he must use his influence to prevent the sterilization, he will report to this department giving a detailed explanation of the reasons which speak against sterilization.

The Reich and Prussian Minister of the Interior has ordered that Civil Service doctors will report to him any cases where the opinion of the Gauleiter differs from that of the medical officer.

So as not to delay proceedings under the Hereditary Health Law unnecessarily, I also request information and explanation on each one of these cases, stating the reasons which have led to the difference of opinion.

The Department for National Health is to carry out preparations for the decision of any case concerning Hereditary Health which has to be put before the Gauleiter. All matters of hereditary health will be treated as urgent and secret.

Particular attention will be drawn in each case to the obligation of maintaining secrecy.

I request that reports be made to me from time to time regarding experience gained in dealing with matters of hereditary health.

I request you treat above exposition as strictly confidential and only for your own personal information.

Heil Hitler!

/s/ Ruschenburg

I think it goes without saying that according to Nazi doctrine it was considered that somebody was insane or not by whether he was a good Party member or not.

This finishes the presentation of Document Bock No. 15. Mr. McHaney will now go on with the presentation of Document Book No. 16.

THE PRESIDENT: Before commencing the reading of this document book, the Tribunal will be in recess.

(Recess)