1947-06-28, #3: Doctors' Trial (late morning)

THE MARSHAL: The Tribunal is again in session.

MR. HARDY: May it please the Tribunal, the document books which I said would be ready this afternoon will be presented by Miss Johnson, and she said that she would not be ready to go on with it until 3:00 O'clock, so the latter part of the afternoon she can take up with rebuttal document books if necessary.

THE PRESIDENT: Counsel, Dr. Flemming for defendant Mrugowsky, the Tribunal has Supplement 1, Case 1, defendant Mrugowsky. Is that the volume from which you propose to offer further documents?

DR. FLEMMING: Mr. President, I really intended to submit Document Book No. 2 first, which contains excerpts regarding experiments on human beings abroad. This Document Book No. 2 was submitted by me at an earlier date, immediately after the examination of the defendant Mrugowsky. The Tribunal at that time ruled that the decision regarding this document book be postponed until all defendants had concluded their cases.

THE PRESIDENT: Counsel, the Tribunal can now proceed to hear you offer the documents contained in your Supplement 1, Case 1. It is probable that we have your Document Book 2 in our offices, but that can be offered when we have finished with your Supplement 1.

DR. FLEMMING: Yes, Your Honor.

MR. HARDY: Your Honor, may I put a few questions to counsel concerning these document books?

THE PRESIDENT: Yes.

MR. HARDY: Have you completed Document Bock No. 1, all the documents in that document book?

DR. FLEMMING: Yes, that is concluded.

MR. HARDY: Have you completed all the documents in Document Book 1-A?

DR. FLEMMING: Yes.

MR. HARDY: And now you have left Document Book No. 2 and Supplement No. 1?

DR. FLEMMING: Yes.

MR. HARDY: And that is the entire number of documents you have

DR. FLEMMING: No, there are two more documents which are still in translation.

MR. HARDY: All right, thank you.

DR. FLEMMING: I shall first deal with Supplement 1, which is before the Tribunal, and I shall leave Document Book 2 until such time as the Tribunal receive it from their offices.

THE PRESIDENT: Well, counsel, we have it now. You may proceed with Document Book 2.

Counsel, and Counsel for the Prosecution, this Document Book 2, Mrugowsky, was delivered to the Tribunal some time since and has been examined. Now this document book, Counsel, if I understand, consists entirely of extracts from medical publications; is that correct?

DR. FLEMMING: Yes.

THE PRESIDENT: Is Counsel for the Prosecution examining that document book?

MR. HARDY: Yes, Your Honor.

THE PRESIDENT: Well, under the ruling of the tribunal heretofore made in other cases, these documents appear to be admissible in evidence under the rules. Now, in order to facilitate the trial and save trouble for Counsel and the Tribunal, the Tribunal will now admit all these documents in evidence without further time or argument, and read the admission into the evidence. Now the Tribunal will proceed to dictate into the record the admission of these documents.

JUDGE SEBRING: Dr. Flemming, I now have before me Mrugowsky Document Book 2 containing Mrugowsky documents Nos. 67 to 91 inclusive, and you have heard the ruling of the President that they will be admitted in evidence as Mrugowsky exhibits. What exhibit number do you assign to Mrugowsky Document No. 67?

DR. FLEMMING: No. 67 will receive Exhibit No. 61.

JUDGE SEBRING: Very well. Then the Tribunal will receive in evidence Mrugowsky Document 67 as Exhibit 61; Mrugowsky 68 as 62; Mrugowsky 68-A as Exhibit 63; Mrugowsky 68-B as Exhibit 64; Mrugowsky 68-C as 65; Mrugowsky 69 as Exhibit 66; Mrugowsky Nos. 70-71 as Exhibit 67; Mrugowsky 72 as Exhibit 68; Mrugowsky 73 as Exhibit 69; Mrugowsky 74 as Exhibit 70; Mrugowsky 75 as Exhibit 71; Mrugowsky 76 as Exhibit 72; Mrugowsky 77 as Exhibit 73; Mrugowsky 78 as Exhibit 74; Mrugowsky 79 as Exhibit 75; Mrugowsky 80 as Exhibit 76; Mrugowsky 81 as Exhibit 77; Mrugowsky 82 as Exhibit 78; Mrugowsky 83 as Exhibit 79; Mrugowsky 89 as Exhibit 80; Mrugowsky 90 as Exhibit 81; and Mrugowsky 91 as Exhibit 82.

THE PRESIDENT: This action by the Tribunal takes care of Mrugowsky Document Book No. 2 in Case 1. Counsel for the Defendant Mrugowsky may now proceed to offer the exhibits contained in Supplement 1, Mrugowsky.

DR. FLEMMING: Yes. First I am going to submit Mrugowsky Document 51, which will be Exhibit 83. This is a report of the Third Congress East of the Consulting Specialists held in the Medical Academy, 24 to the 26 May, 1943. I submit it primarily because of the report contained therein by SS-Hauptsturmfuehrer [Captain] Doetzer regarding the compatibility of a new tetra vaccine against typhoid, para-typhoid, and cholera. I ask the Tribunal to take notice of this document. I do not think that it is necessary to read any details from the document.

THE PRESIDENT: Proceed, counsel.

DR. FLEMMING: The next document will be Document Mrugowsky No. 66. I offer it as Exhibit Mrugowsky No. 84. This is an affidavit signed by Dr. Rudolf Fussganger, from Frankfurt on the Main, and deals with the preparations Akridin and Ruthenol. Dr. Fussganger says on page 3 of the document, page 9 of the document book:

The first clinical experiments with Preparation 3382

— that is Akridin —

were, as far as I know, carried out in the section for infectious diseases of the Frankfurt on the Main medical clinic by Professor Nohnenbruch. Three patients were involved, all of whom had contracted typhus.

After receiving Preparation 3582, the fever of all three patients sank immediately.

THE PRESIDENT: As you read these documents they will all be received in evidence unless objections are made either by counsel or the Tribunal.

DR. FLEMMING: The next document will be Mrugowsky 93, which I offer as Mrugowsky Exhibit 83. This is an affidavit signed by Dr. Bruemmer, from Hoechst. Attached is a number of letters and note files coming from the works at Hoechst. Dr. Bruemmer in his affidavit certifies that these files and letters attached to the document are authentic copies of the documents from the files of the I.G. Farben Works at Hoechst. We are here concerned with the preparation Akridin and its usage. This correspondence is intended to prove that Ding received these preparations for his experimental series directly from the works at Hoechst and not from the Defendant Mrugowsky.

MR. HARDY: If it would meet with the approval of the Tribunal, while Dr. Flemming is introducing this document and its many attachments, I would like to see the original exhibits as he refers to each specific letter, and then it will expedite matters. If I have an objection I will interpose, and if I have none, as they are going along I won't bother, but then I can peruse each one of them as he is going along.

THE PRESIDENT: I do not know whether or not Dr. Flemming proposes to refer to each letter or simply to offer the series in evidence. Is the original exhibit in the courtroom?

DR. FLEMMING: The originals are here, yes, Mr. President. The originals are here.

This is an affidavit, to which the notary has attached all the excerpts from the files with seal and string, so that there can really be no possibility for any confusion.

MR. HARDY: No objection, Your, Honor.

THE PRESIDENT: Counsel for the Prosecution having no objection, the document will be admitted as Mrugowsky exhibit 85.

DR. FLEMMING: I then offer Document Mrugowsky 94 as Mrugowsky Exhibit 86 and Mrugowsky Document 95 as Mrugowsky Exhibit 87. These are two affidavits signed by Professor Flury, from Wuerzburg. Both deal with Akonitin. One deals with antidotes or antitoxins, and the other deals with the difference in the effects of Akonitin and prussic acid on the human being. These are Mrugowsky Exhibits 86 and 87.

The next will be Mrugowsky Document 96, which will become Mrgugowsky Exhibit No. 88. This is an affidavit signed by Dr. Heinrich Stiege, to which are attached minutes of the Prussic Acid Meeting on 27 and 28 of January 1944. I offer this document because I shall use it in my final plea in order to prove that Mrugowsky had nothing to do with the distribution of prussic acid to the extermination camps.

The next is Mrugowsky Document 96, which will be Mrugowsky Exhibit 88—

This is an excerpt from the minutes of the Prussic Acid Meeting of 27 and 28 January 1944.

THE PRESIDENT: Counsel, I think you assigned number 88 to Document 96 — that is the one you are now referring to #96?

DR. FLEMMING: Yes, I am now referring to Document No. 96. The next will be Mrugowsky Document 97, which I offer as Mrugowsky Exhibit No. 89. This is an excerpt from the Central Journal for Complete Hygiene, Including Bacteriology and Immunology.

This is the recognized journal for this branch of the Profession. The extract contains a report regarding whooping cough experiments performed by the American couple MacDonald on four children with whooping cough preparations.

MR. HARDY: Your Honor, at this time I have the opportunity to peruse each of these documents. The Prosecution has no objection to any of the documents in this document book.

DR. FLEMMING: The next is Mrugowsky Document No. 98, which will be Mrugowsky Exhibit No. 90. This an extract from the Year Book of Pediatrics and Physical Education, and deals with scarlet fever experiments on children.

The next is Mrugowsky 100 and will become Mrugowsky Exhibit No. 92. This is an excerpt from the Manual of Virus Diseases.

Mrugowsky Document 101 is offered as Mrugowsky Exhibit No. 93. This is an affidavit signed by a Dr. Yurt Feurhake, a personal friend of the Defendant Mrugowsky, who has known him ever since his childhood and here gives a character reference. I don't think it is necessary for me to quote any passages from that document. I ask the Tribunal to take notice of it.

The next document is Mrugowsky 102, which will become Mrugowsky Exhibit No. 94. This is an affidavit signed by University Professor Dr. Paul Uhlenhuth at Freiburg in Breisgau. He talks about vaccinations performed in the concentration camp Buchenwald, vaccinations which are mentioned in the so-called Ding Diary and with which the Defendant Mrugowsky is charged. I think it is not necessary for me to quote any passages from that document.

The next document Mrugowsky 92 will be Mrgowsky Exhibit 95. This is an excerpt from the seniority list of the Elite Guard of the NSDAP, that is, the SS, and refers to the promotion of Mrugowsky to Sturmbannfuehrer [Major] on 9 November 1942.

I need this excerpt in connection with the discussion of Ding's signature in the so-called diary.

MR. HARDY: Just a moment. Regarding Document 102, which is an extract from the seniority list it should be Document 92. It is No. 102. The extract from the seniority list as contained in this document book is not the promotion of Mrugowsky but the promotion of Dr. Ding, — is that correct?

DR. FLEMMING: Dr. Ding, yes. The next document in this document book is Mrugowsky Document 4a. In Document Book I I had a Document No. 4, which was an excerpt from the Reich Law Gazette and concerned part of the regulations regarding pathogenic organisms. A part of this ordinance was omitted by mistake. Therefore I have included in this document book the part of the ordinance which I need for my case. This will become Mrugowsky Exhibit 96.

THE PRESIDENT: These documents are all received in evidence and the Tribunal desires to compliment Dr. Flemming on the manner in which he has presented these documents and the manner in which they were prepared.

DR. FLEMMING: I should like to reserve the right to submit the two volumes which I have not yet received from translation. I said yesterday that one volume containe only excerpts from the record of the Pohl Trial, and the other volume contains a number affidavits.

THE PRESIDENT: The Tribunal will endeavor to expedite the translation of these documents, and they may be offered when received.

DR. FLEMMING: Thank you, Your Honor.

MR. HARDY: May it please Your Honor, I am informed that Dr. Fritz, defense counsel for Rose, has documents ready, and I wish to inquire whether other defense counsel will have documents ready at the completion of Dr. Fritz's introduction?

THE PRESIDENT: The Tribunal has some documents prepared on behalf of the Defendant Poppendick. If his counsel could be found, they could probably be offered.

MR. HARDY: I would suggest that defense counsel, during the noon hour recess, contact other defense counsel and see if they can arrange for other defense counsel to present what documents they have this afternoon, and we could clean up a great deal of this.

THE PRESIDENT: The Tribunal was about to make that suggestion. Defense counsel will endeavor to notify other defense counsel that this afternoon wo will receive documents which are ready for submission to the Tribunal. Apparently some more are just being handed up—

— The Tribunal has now received document books on behalf of the Defendant Rose.

DR. SAUTER: Mr. President, during the recess I had an opportunity to speak to a number of my colleagues in order to ascertain now far they have gotten with their document books in order to tell the Tribunal about it. I do not think, except for the cases of Poppendick and Rose, that any other cases will be concluded for presentation this afternoon. I am telling you this Mr. President, because I doubt whether there will be any point in your holding an afternoon session under those circumstances. Counsel for Poppendick and Rose are finished with their document books and arc ready to present them but I do not believe that any other defense counsel will be able to get their document books from the translation branch in time. I wanted to tell you that in order that you may be in a position to dispose of your afternoon according to your own desires.

THE PRESIDENT: The Tribunal appreciates Counsel's courtesy, but the Tribunal will convene at 1:30, and we will see how far we can get with these documents, and when they arc entered the Prosecution will be in a position to offer some documents.

MR. HARDY: Your Honor, due to that fact, if the Prosecution goes on about 3:00 o'clock with their rebuttal document books, it is advisable that all defense counsel be present if they wish to interpose objections.

THE PRESIDENT: Defense counsel will notify their associates that if the defense —

DR. SAUTER: 3:00 o'clock, Mr. President?

THE PRESIDENT: The Tribunal will convene at 1:30 and hear documents offered by Defendants Rose and Poppendick and any other defendants who have any documents to offer. The Prosecution will be ready to offer documents at 3:00 o'clock but the Tribunal will convene at 1:30 o'clock and will proceed.

DR. SAUTER: Yes.

THE PRESIDENT: Dr. Merkel, have you anything to say to the Tribunal?

DR. MERKEL (Counsel for the defendant Genzken): Mr. President, I only have to make a short correction on my submission of evidence yesterday. I want to withdraw the 3 documents, Documents 19-D, 19-E, and 19-F, which I submitted yesterday as Genzken Exhibits 21, 22 and 23, because I do not require these documents for my cases. I wanted to make this correction in the interest of simplification.

THE PRESIDENT: Well, Counsel, will you prepare a written application to withdraw the documents, so that the matter will be entirely a matter of record in the Office of the Secretary General, and then the Court will approve your —

DR. MERKEL: Thank you, Your Honor.

THE PRESIDENT: I file with the secretary the certificate concerning the absence of Defendant Oberheuser stating that she will not be in court today on account of illness; the Secretary will file the certificate.

The Tribunal will now be in recess until 1:30 o'clock.

(A recess was taken until 1330 hours.)