1947-01-13, #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 Nurnberg, Germany, on 13 January 1946, 0930, Justice Beals presiding.
THE MARSHAL: 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 all the defendants are present in court.
THE MARSHAL: May it please, Your Honor, all the defendants are present in the court.
THE PRESIDENT: The Secretary-General will note for the record the presence of all the defendants in the court.
DR. SERVATIUS: Mr. President, you asked how the defense are going to conduct their defense. We arrived at an agreement that we are going to do that as the defendants are sitting in the defendants' docket and in the same way as the prosecution has named the defendants. If there should be any small changes among a few defendants and if a few defense counsel should make some changes in the manner in which they are going to present their case, we are going to advise the Tribunal about it in time.
THE PRESIDENT: The statement of counsel, of course, will be included in the record.
The prosecution may proceed.
MR. McHANEY: If the Tribunal please, I think at this time we have open for ruling by the Tribunal the admissibility of two documents, one is Document NO 1063 which was offered as Prosecution Exhibit 328 and is the report by a committee of the Netherland's Government on the investigation of certain was crimes. Is the Tribunal prepared to make a ruling on that document this morning?
THE PRESIDENT: The Tribunal is not prepared to make a ruling on that document this morning. Give me again, if you please, the number of that document.
MR. McHANEY: That is Document NO 1063 which was offered as Prosecution Exhibit 328. The other document as to which there was an objection is the chart of the organization of the so-called Euthanasia program signed and sworn to by the defendant Viktor Brack. That is Document NO 253 which was offered as Prosecution Exhibit 331.
THE PRESIDENT: Has the prosecution checked that exhibit or examined it?
MR. McHANEY: I am convinced, Your Honor, as I recall, the question was whether the wall chart now behind the witness box is a facsimile of the chart drawn by the Defendant Viktor Brack, and I am prepared to state that it is. In other words, this big chart was drawn by the presentation section from the small chart.
THE PRESIDENT: As I remember the objection urged by the defense counsel was the original chart was not a true representation of the facts. I may be wrong about that.
MR. McHANEY: That the original chart was not a true representation of the facts?
THE PRESIDENT: I understand the defense counsel urged that the Defendant Brack in making his affidavit in preparing the chart had prepared one which he now contends was not accurate. Concerning that, I may be in error.
MR. McHANEY: Well, if the Tribunal please, he has done two things. Firstly, he has given us an affidavit which is Document NO 426, which describes at some length the operation of the Euthanasia Program. That document has already been admitted as Prosecution Exhibit 160. The only document now before the Tribunal for a ruling is the chart. As to that, I can see no grounds for objection. The chart was drawn by the Defendant Viktor Brack or at least under his direction, and is signed and sworn to by the Defendant Viktor Brack, and consequently we submit it is admissible.
THE PRESIDENT: Will counsel make an objection to the admission of the chart, will he state his objection again.
DR. FROESCHMANN (Counsel for the Defendant Viktor Brack): Mr. President during the Friday session I pointed out that Defendant Brack because of his physical and moral condition at that time was not in a position to consider the details of his statement and the chart which he drew, and still recognize it exactly. He has now found out that this chart, through the manner of its presentation, there arises the impression between the Chancellery of the Fuehrer and the Defendant Brack, there is an organizational coordinational relationship which in actuality did not exist. At the time when he was interrogated had he been at that time in full physical health and had he been in a position to consider the matter carefully, he would have pointed out to the prosecution that a number of connecting lines in this chart are wrong and erroneous.
DR. SAUTER (For the Defendant Blome): Mr. President, as defense counsel for the Defendant Blome, I do not object to the admissibility of this chart. In order to avoid the prosecution having to tell us later, however, that we had accepted this chart as being correct by our being quiet about it, I should like to point out the following at the moment. In this chart on the left side there is a yellow square with the designation "Dr. Conti". Underneath that in the small square there is the notation "Office Dr. Linden" That is the square which was just pointed out. To the right of this square, in brown color, there is a smaller square with the designation "Blome". This small square "Blome" is connected with the large square "Dr. Conti" by a green line. Whatever this green color should mean I don't know yet. I should like to point out now that the defendant, Dr. Blome, cannot recognize the fact that his name be mentioned in this chart at all since officially he had nothing whatever to do with the entire Euthanasia program. At a later date, as soon as the Defendant Brack will be called to the witness stand, I shall ask the Defendant Brack how this brown square with the designation "Blome" could have been put into the chart at all and whether it isn't correct that before signing this chart he objected against it immediately and declared that the name of Blome does not belong in that chart since according to his knowledge Blome had nothing whatever to do with Euthanasia.
That, gentlemen of the Tribunal, is not an objection to the admissibility of the chart but merely in explanation and so that I can come back to the same matter at a later date when the Defendant Brack is called to the witness stand.
THE PRESIDENT: The Tribunal understands the position of the Defendant Blome, which position is entirely correct, and the rights of the defendant to question the accuracy of the chart. The court recognizes the position of the counsel for the Defendant Blome, which position is entirely correct and the rights of the defendant will be preserved to him to question the accuracy of the chart as to him.
DR. SERVATIUS (Counsel for the Defendant Karl Brandt): Mr. President, I also object to this chart and the connecting lines therein, especially since there can be some objection as to the way this chart was drawn up. It is completely incorrect with reference to the position of Karl Brandt in particular, the impression is being awakened that all the officers underneath Karl Brandt who are mentioned there were actually subordinate to him. It will show itself later that this is not correct in any way, that rather the office of Bouhler was entrusted with the execution.
THE PRESIDENT: The Tribunal understands the position of counsel and the admission of the chart in evidence will not be binding upon the defendants who may later question its accuracy. Meanwhile, the chart will be admitted in evidence.
JUDGE SEBRING: What will the exhibit number be there, Mr. McHaney?
MR. McHANEY: Exhibit 381.
MR. McHANEY: This chart shows the large organization which was set up by the Defendant Karl Brandt and Bouhler and others for the execution of the Euthanasia Program. In order to explain this chart I would like to read certain paragraphs of Document NO 426 which is an affidavit of the Defendant Brack and has already been admitted into evidence as Prosecution Exhibit 160.
This is on page 10 of the English document book. I read from paragraph 4:
4. The Euthanasia Program was initiated in the summer of 1939. Hitler issued a secret order to Prof. Dr. Karl Brandt, Reich Commissioner for Medical and Health Matters, and at that time personal physician to the Fuehrer, and to Phillip Bouhler, charging them with responsibility for the killing of human beings who were not able to live, that is, the according of a mercy death to incurably insane persons. Prior to the issuance of this secret order Bouhler had a conference with Dr. Brandt and Dr. Leonardo Conti, the Reich Chief for Public Health and Secretary of State in the Ministry of Interior. On the basis of this order of Hitler, Bouhler and Brandt were to select doctors to carry out this program. Inasmuch as the insane asylums and other institutions were functions of the Ministry of Interior, Dr. Herbert Linden became the representative of the Ministry of Interior. Dr. Karl Brandt and Phillip Bouhler appointed Prof. Dr. Heyde and Prof. Dr. Nietsche along with several other medical men to aid in the execution of this Euthanasia Program.
5. Professor Dr. Karl Brandt was in charge of the medical section of the Euthanasia Program. In this capacity, as shown in the chart I have drawn dated 12 September 1946, Dr. Karl Brandt appointed as his deputies Professor Heyde and Professor Nietsche. In charge of the administrative office under Brandt was first Mr. Bohne and later Mr. Allers. Three different names were used by Brandt's section in order to disguise the activities of the organization. The names of the organizations are as follows:
Reich Association - Hospital and Nursing Establishments
Charitable Foundation for Institutional Care
General Patient Transport Corporation.6. In the early stages of this program, Dr. Karl Brandt visited Phillip Bouhler and discussed with him many details of this program. As a matter of fact, after such meetings between Brandt and Bouhler, I received many orders, more often from Bouhler than from Brandt directly.
7. In my capacity as Chief of Office 11 of Bouhler's Chancellery, I was ordered to carry out the administrative details of the Euthanasia Program. My deputy was Werner Blankenburg, who eventually became my successor, that is, in the beginning of 1942 when I joined the WaffenSS. Van Hoegner, Rhinhold Verberg, and Doctor Hovelmann were members of my staff.
8. In the Ministry of Interior, Dr. Linden was in charge of the Euthanasia Program and his deputy was Councillor Franke. The department for Public Health of the Ministry of Interior had authority over all insane asylums of the Reich, and in this position, my department as well as the office of Dr. Brandt had close liaison in order to efficiently operate this Euthanasia Program.
THE PROCEDURE
9. By order of Doctor Linden, the directors of all insane asylums in the Reich had to fill out questionnaires for each patient within their institutions.
These questionnaires were drafted by Bouhler, Heyde, Nietsche and others in several of their many conferences. Then the questionnaires were forwarded to the Ministry of Interior to be distributed to the various insane asylums and similar institutions.
Theoretically Doctor Linden's office had the questionnaires returned and then forwarded them to the administrative section of the office of Doctor Brandt. The Program was so arranged that photostats of each questionnaire were to be sent to four experts to determine the status of each patient. The panel of experts consisted of about 10 to 15 doctors. I do not remember the names of all the members of this panel but Doctor Pfannmueller, Doctor Schumann, Doctor Falthauser, and Doctor Rennaux are fresh in my memory in this connection. Each of these experts indicated by making a certain comment on the questionnaire whether or not the patient could be transferred to an observation station and eventually killed. Then the questionnaire was forwarded to a chief expert. According to the regulation, the chief expert was only entitled to order the transfer of the patient when all four experts voted for the transfer. This chief expert also marked the questionnaire and then submitted it to Doctor Linden who ordered the insane asylum to transfer the patient to one of the observation institutions. Off-hand I can remember, among others, the names of the following observation institutions: EglfingHang, Kempton, Jena, Buch, Arnsberg.
10. At these institutions the patients were under the observation of the doctor in charge for a period of one to three months. The physician had the right to exempt the patient from the program if he decided that the patient was not incurable. If he agreed with the opinion of the chief expert, the Patient was transferred to a so-called Euthanasia Institution. I can remember the names of these Euthanasia Institutions:
Grafeneck - under Dr. Schumann
Brandenburg - under Dr. Hennecke
Hartheim - under Dr. Rennaux
Sonnestein - under Dr. Schmalenbach
Hadamar (I do not remember under whose leadership)
Bernberg - under Dr. Bohnke or Dr. Becker.In these institutions the patient was killed by means of gas by the doctor in charge. To the best of my knowledge, about fifty to sixty thousand persons were killed in this way in the period from Autumn 1939 to the Summer of 1941.
11. The order issued by the Fuehrer to Brandt and Bouhler was secret and never published. The Euthanasia Program itself was kept as secret as possible, and for this reason, relatives of a person killed in the course of the program were never told the real cause of death. The death certificates issued to the relatives carried fictitious causes of death such as heart failure. All persons subjected to the Euthanasia Program did not have an opportunity to decide whether they wanted a mercy death, nor their relatives contacted for approval or disapproval. The decision was purely within the discretion of the doctors. The program was not restricted to those cases in which the person was "in extremis".
12. Hitler's ultimate reason for the establishment of the Euthanasia Program in Germany was to eliminate those people confined to insane asylums and similar institutions who could no longer be of any use to the Reich. They were considered useless eaters and Hitler felt that by exterminating these so-called useless eaters, it would be possible to relieve more doctors, male and female, nurses, and other personnel, hospital beds and other facilities for the use of the Armed Forces.
REICH COMMITTEE FOR RESEARCH ON HEREDITARY DISEASES AND CONSTITUTIONAL SUSCEPTIBILITY TO SEVERE DISEASES.
13. This committee, which was also a function of the Euthanasia Program, was an organization for the killing of children who were born mentally deficient or bodily deformed. All physicians assisting at births, midwives, and maternity hospitals were ordered by the Ministry of Interior to report such cases to the office of Doctor Linden in the Ministry of Interior. Then experts in the medical section of Doctor Brandt's office were ordered to give their opinions in each case. As a matter of fact, the complete file on each case was sent to the offices of Bouhler and Doctor Brandt in order to obtain their opinions and to decide the fate of each child involved. In many cases these children were to be operated upon in such a manner that the result was either complete recovery or death. Death resulted in a majority of these cases. The program was inaugurated in the summer of 1939. Bouhler told me that Doctor Linden had the order to ask for the consent of the parents of each child concerned. I do not know how long this program continued since I joined the Waffen-SS in 1942.
THE CONNECTION BETWEEN THE EUTHANASIA PROGRAM AND SS BRIGADEFUEHRER GLOBOCNIK.
14. In 1941, I received an oral order to discontinue the Euthanasia Program. I received this order either from Bouhler or from Doctor Brandt. In order to preserve the personnel relieved of these duties and to have the opportunity of starting a new Euthanasia program after the war, Bouhler requested, I think after a conference with Himmler, that I send this personnel to Lublin and put it at the disposal of SS Brigadefuehrer Globocnik. I then had the impression that these people were to be used in the extensive Jewish labor camps run by Globocnik. Later, however, at the end of 1942 or the beginning of 1943, I found out that they were used to assist in the mass extermination of the Jews, which was then already common knowledge in higher party circles.
15. Among the *** one doctors who assisted in the Jewish extermination program were Eberle and Schumann.
Schumann performed medical experiments on prisoners in Auschwitz. It would have been impossible for these men to participate in such things without the personal knowledge and consent of Karl Brandt. The order to send these men to the East could have been given only by Himmler to Brandt, possibly through Bouhler.
I think that is a sufficient reading of the pertinent sections of the affidavit of Viktor Hermann Brack.
Now, I would like to return to the chart. You find the defendant Karl Brandt as the head of the program in the box at the top center of the chart. The Tribunal will please refer to the chart on the wall behind the witness box, and Mr. Hockwald will use his pointer to indicate the appropriate place on the chart which is under discussion. Under this program are the organizations which are used for camouflage purposes. First we have the Reich Association, Hospital and Nursing Establishment, The Charitable Foundation for Institutional Care, and Patient Transport Corps. Then there is the Administration Office with its Department for Questionnaires. Over to the right are the so-called top experts Heyde and Nietsche, and about fifteen other experts, among them, Pfannmueller. Down below the Observation Stations; and then below, the so-called Euthanasia Institutions where the victims were actually exterminated -- including Hadamar, Grafeneck, Bernberg, Sonnestein and Hartheim. In connection with Bernberg, the Tribunal will recall the witness Eugen Kogon's testimony that transports left Buchenwald in 1941 and 1942 to go to Bernberg, which was one of the Euthanasia Exterminating Stations. These names, and the names of the chief doctors of these institution will occur again and again in the testimony which will be presented.
As it is pointed out in the Brack affidavit, and as shown on the chart, there was a very close collaboration in the execution of the program, between the defendant Karl Brandt and Bouhler, whose name appears in the right hand corner of the chart. Under Bouhler you will find the defendant Brack, his deputy Blankenburg, and Hegener, Vorberg, and Hefelman; all of those play, as the evidence will show, a very active part in the execution of the program in collaboration with Brandt's subordinates, as closely as Brandt with the Chief Bouhler.
On the left hand side of the chart you find the set up of the Reich Ministry of the Interior under Frick, showing only the offices which were connected with the Euthanasia Program. Here it was Conti, the Secretary of State for Health Matters, and Reich Health Leader, whose deputy was the defendant Blome. Linden, shown in the same box with Conti, was most active in collaborating with Brandt and Bouhler in the program. Linden provided for the distribution of the questionnaires in the different insane asylums all over Germany, and had them filled out and forwarded to Brandt in the Administrative Offices, shown in the lower left center of the chart by dotted lines connecting the two offices. Together with Brandt and Bouhler, Linden, also directed the organization for the killing of deficient children. The set up, of which, is shown on the outer left hand side of the chart. The connection between Bouhler's office, Karl Brandt, Linden, and this organization is shown on the photostatic copy by special dotted lines, and in green and brown on the enlarged copy on the wall.
Conti, Bouhler and Linden, are no longer living; all of them having ended their lives by committing suicide.
I think it might be well if I re-emphasized the manner in which those questionnaires operated. The questionnaires were made up in the Administrative Office under Allers, and he had a special office for questionnaires under that. He then sent the questionnaires to Linden's office in the Ministry of the Interior. The questionnaires were then sent to the insane asylums all over Germany, and the questionnaires were then filled out by the doctors in these asylums. The questionnaires were sent back to Linden; Linden, then farmed them out to the so-called exports. And these experts, in fact, were in a lot of cases directors of other insane asylums in Germany. In other words, they were thoughtful enough not to have the director of an asylum 'expertize' his own patients, but directors of other asylums were 'expertizing' these questionnaires. The questionnaires then came back and then were finally 'expertized' by Heyde and Nietsche, the top experts, and an ultimate decision was reached as to what to do with the patients on the basis of these questionnaires. Then it appears, at least, in the early stages of the program, that it was decided to possibly exterminate the patients, on the basis of the questionnaires, were sent to one of these Observation Institutions.
The order coming down from Linden's office, having been in the Observation Institutions, and no change having been made in the decision to exterminate the patients, they were then picked up and transported to one of the mercy killing stations down below.
Mr. Hochwald will continue with the presentation of the evidence for the prosecution.
MR. HOCKWALD: May it please the Tribunal, I want to offer into evidence Document NO-470, which will be Prosecution Exhibit 332. This document is an affidavit of Pauline Kneissler:
I, Pauline Kneissler, being duly sworn, depose and state:
1. I was born on 10 March 1900 at Kurdjomovka in the Southern Ukraine. In 1920 I became a German citizen. From my sixth to my fifteenth year I was tutored in my parents' house in Russia. In 1920 I moved to Duisburg on the Rhine, where I studied nursing. I was trained for my job till 1923, and on 4 January 1940 I was hired by the Ministry of the Interior in Berlin. For 15 years I worked for the Magistrate of Berlin as municipal nurse. In April 1937 I joined the NSDAP. I was a member of the NS Frauenschaft, of the NSV, of the Reich Air Raid Protection League and of the Reich Nurses' League.
2. My experiences as a sick-nurse and the fact that I had been working for many years in different German hospitals and nursing establishments in connection with the so-called euthanasia program enable me to depose the following statement concerning this program.
3. In 1939 I was summoned by the Chief of Police to report on 4 January 1940 to the Ministry of the Interior, situated in the Kolumbus building. There a man called Blankenburg talked to our group, which consisted of 22 or 23 persons. He discussed the importance and the secrecy of the euthanasia program and explained to us that the Fuehrer had worked out a euthanasia law, which, in consideration of the war, was not to be published. It was completely voluntary for those present at the meeting to assure their cooperation. None of those present had any objections to this program; and Blankenburg swore us in. We were sworn to secrecy and obedience; and Blankenburg called our attention to the fact that any violation of the oath would be punished by death. Dr. Bohne was present at this meeting.
4. When the meeting was over, we took the bus to Schloss Grafeneck, where we were received by the director of the establishment Dr. Schumann. We only started to work at Grafeneck in March 1940, while the male personnel had been working there before.
5. It was one of my duties to accompany Mr. Schwenniger, who also was a member of the "Charitable Foundation for Institutional Care," to the different establishments from which we fetched patients to bring them to Grafeneck. Mr. Schwenniger, who was in charge of our transports, had the lists of names of all the patients who were to be transferred. These lists had to correspond to the lists of patients prepared by the directors of the establishments from which the patients were to be transferred. The patients who were transferred by us were not all particularly serious cases. They were, of course, mentally ill but very often in good physical condition. Each transport consisted of about seventy persons; and we used to have such transports almost every day. My actual duty in connection with these transports was that of an accompanying nurse.
6. After their arrival at Grafeneck the patients were housed in barracks, where Dr. Schumann and Dr. Baumhardt examined them superficially on the basis of a questionnaire. These two doctors had to pronounce the final decision as to whether a patient was to be gassed or not. In individual cases the patients were exempted from being gassed. In most cases the patients were killed within 24 hours after their arrival at Grafeneck. I stayed for almost a year at Grafeneck and only know of a few cases were patients were not gassed. In most cases the patients were given an injection of 2 ccm. Morphium Skopolamin before being gassed. These injections were made by the doctor. The gassing was carried out by special selected men. Dr. Hennecks dissected some of the victimes. Insane children between 6 and 13 years of age were also included in this program.
Then Grafeneck was closed, I was sent to Hadamar and stayed there till 1943. The same work was done at Hadamar with the only difference that the patients were no longer gassed but killed by Veronal, Luminal, and Morphium Skopolamin. Approximately 75 patients per day were killed. The director of Hadamar was first Dr. Baumhardt, the Dr. Boerneck.
7. From, Hadamar I was transferred to Irrsee near Kaufbeuren where I continued my work. Dr. Valentin Falthauser was the director of this establishment. There the patients were either killed by means of injections or tablets. This program was carried on until the collapse of Germany.
8. I know that in the different establishments where I was Stationed we received instructions from Mr. Blankenburg.
During my activity at Grafeneck, this establishment was visited by Dr. Karl Brandt, Dr. Conti, Reichsleiter Bouhler, and Mr. Brack. I also know that the "Charitable Foundation for Institutional Care" was connected with certain establishments at Lublin.
/s/ Pauline Kneissler
THE PRESIDENT: I notice on Page 18, the last line of the first paragraph, it says "Dr. Bohne was present at this meeting," according to the document book which I have.
MR. HOCHWALD: I beg your pardon, your Honor?
THE PRESIDENT: I note that on Page 18 of the document book, the first page of Document Number NO-470, in the last complete line of the first paragraph a Dr. Bohne is referred to.
MR. HOCHWALD: No, this is not a doctor, sir. This is Mr. Bohne, who is shown on the chart as a member of the administrative office of Dr. Karl Brandt.
THE PRESIDENT: Is that intended to indicate the defendant Blome?
MR. HOCHWALD: No, this does not indicate the defendant Blome, sir. This is a different person.
THE PRESIDENT: Very well.
DR. SERVATIUS: Dr. Servatius, counsel for defendant Karl Brandt. Mr. President, we are here again concerned with an affidavit which was not sworn correctly; and I ask you again that this document only be admitted under the usual reservation.
THE PRESIDENT: This document will be admitted provisionally, pending the filing of a certificate showing proper authority on the part of the person who administered the oath.
MR. HOCHWALD: The next document I want to offer into evidence is Document No.-863, which will be Prosecution Exhibit 333. This document is a voluntary deposition of Prisoner of War LD 1510 Corporal Ludwig Lehner, report on the crime of murder perpetrated on children in 1939 at the asylum in Eglfing-Haar near Munich.
In the fall of 1939 I witnessed a crime which upset even me, particularly by the way it was carried out, although at that time I was already used to many things, having left the Dachau concentration camp only a few months before. I took a vow at that time to report the matter to the authorities as soon as conditions would permit.
At that time the public was given the opportunity to visit lunatic asylums, presumably in the framework of a very definite propaganda purpose. Having been a student of psychology in 1934 to 1938 during my professional education, I was, of course, interested in the way an asylum is run. I therefore joined one of these guided tours which, as far as I know, were, by the way, suspended soon afterwards because they aroused a reaction on the part of the public contrary to the one that was desired. (I saved the ticket of admission.)
Facts. After a visit to several other hospital wards, the director of the asylum himself--whose name was Pfannmueller as far as I remember--led us to a children's ward. The room gave an impression of cleanliness and care. In about 15 to 25 little beds lay a corresponding number of children of about one to five years of age. In this ward Pfannmueller explained his views in detail. I daresay that I remember the following resumes rather exactly since they were, either out of cynicism or due to clumsiness, surprisingly frank: 'Those creatures (he meant the said children) of course represent for me, as a National-Socialist, merely a burden for our healthy national body. We do not kill (he may possibly have said: 'We do not handle the matter') by means of poison, injections, and so forth. That would merely provide new propaganda material for the foreign press and for certain gentlemen in Switzerland (he probably referred to the Red Cross). No, our method is much simpler and more natural, as you can see.' With these words he pulled one child out of the little bed while a nurse, apparently on permanent duty in this ward, assisted him. While he then showed the child around like a dead hare, grinning cynically, he stated with the air of an expert something like: 'It will take this one, for example, still two or three days.' I shall never be able to forget the sight of that fat, grinning man, holding the whining skeleton in his fleshy hands, surrounded by the other children who were starving to death.
Furthermore, the murderer declared that not abrupt deprivation of food but progressive reduction of rations was applied. A lady who was also taking part in the guided tour, hardly able to control her indignation, asked if a quicker killing by injections, and so forth, would not at least be more humane. Thereupon, Pfannmueller praised his method once more as the more practical one in regard to the foreign press.
From a certain remark, which unfortunately I cannot reproduce exactly from memory, one would conclude that in this ward children who were not insane were also being killed, namely, children of Jewish parents.
I skip the next paragraph and read only the signature "L. Lehner" on the bottom of Page 23.
DR. SERVATIUS: Dr. Servatius, counsel for the defendant Brandt. Mr. President, I just noticed that the document was merely signed but not sworn to. The witness seems to be in custody in London. I don't know for what reason. I must reserve the right to cross examine that witness; and I should like to ask you to admit this document only under the condition that the prosecution submit this witness to us.
MR. HOCHWALD: Your Honor, I respectfully submit that this document contains only corroborative evidence; and we therefore refrained from putting this witness on the stand. This document is a report from the British War Crimes Interrogation Unit in the London District Center; and the signature of the deponent was witnessed by a British intelligence officer.
I have been advised by competent British authorities that the British intelligence officer held the rank of a major or lieutenant colonel and is permitted to administer an oath.
DR. SERVATIUS: Mr. President, the facts which were just mentioned by the member of the prosecution cannot be seen from the document; and that is the essential fact. The document speaks for itself; but these facts cannot be seen from the document.
THE PRESIDENT: Will you hand up the original, please?
(Document handed to the President.)
THE PRESIDENT: The document will be received provisionally. It does not indicate that the witness was sworn; and the authority of the certifying officer should be shown in some manner which is not indicated by the document. At least the letters "1.0." are not explained.
MR. HOCHWALD: The prosecution will make every effort, sir, to provide such an affidavit.
I turn now to Document Number NO-1135, which will be Prosecution Exhibit 334. The first page of the document is a confirmation:
In accordance with the decision of the State Ministry of the Interior (Public Health Division) of 8 January 1940 I have, upon order of the Reich Association of Mental Institutions and as responsible chief of the General Patients Transport Company G.m.b. taken charge of the transfer of the patients enumerated in the list below to a Reich institution. Eglfing [date, illegible]; [signature illegible], Commissioner of General Transport Company m.b.F.
I want to point out concerning Page 1 that this name "Reich Association of Mental Institutions" and the name "General Patient Transport Company G.m.b.H." are two of the three code names which appear on the chart, in the middle of the chart there on the wall.
The next page, Page 2 of the document, is a transfer memorandum, and reads:
Handed over were:
1. 149 patients with their own clothing, underwear, money, and belongings.
2. 149 files with personal records (case histories).
3. A list of the money accounts for each patient. A receipt was made out for this purpose.
4. A list of the names.
Eglfing-Haar, 30 August 1940. /s/ Oberschwester Lotte Zeitz.
MR. HOCHWALD: Page 3 of the Document Book to page 8 of the Document Book is Transport list No. 2, Dispatching Institution: Eglfing-Haar Carried out on 30 August, 1940, and on page No. 8 of the Document shows 150 persons were transferred.
The next page is again a compilation and there again these code names appear, signed in Eglfing Haar, by the Commissioner of the General Transport Company, m. b. h.
We have another transfer memo on page 10, of 121 female persons with their own clothing, and underwear, as well as other belongings, and (2) 121 files with cover, (case histories with personal record), (3), a list of the amount of money, (4) a list of valuables, (5) a list of the names, signed at Eglfing-Haar, 3.9.1940, signature: Oberschwester Lotte Zeitz.
And on pages 11 to 16, we have Transport List No. 3, carried out on 3 September, 1940, and on page 16 of the document, page 40 of the Document Book, it shows 122 persons were transferred.
Page 17 gives three lists, two lists of women and one list of women of the Jewish race, to which is attached the name of Israel. In Nazi Germany every Jew had to use his middle name and the name of Israel or Sarah. I want to draw the attention of the Tribunal to No. 7 of the first list, Silberberg Helmuth Israel, Poland, a foreign national, and No. 3 of the women's list, Goldmann Rebekka Sarah, from Poland, and No. 13 of the men's list the name of Bunsel Rudolf Israel from Bohemia and Moravia was crossed out. As this document shows the 16 male and 19 female Jews were transferred on the 20th of September, 1940.
Page 18 is the 8th transport list, carried out on 23 September, 1940, and names the tubercular and insane women of Eglfing-Haar, (handwritten), and shows twelve women, twelve women in all, and a handwritten note on the bottom:
The above patients received today: The transport loader of the General Patients Transport, G.M.B.H. Eglfing/Haar, 23 September, 1940 (signature - Dr. Baummerr.)
Page 19 is another confirmation made out on 3 October, 1940.
Here the same code names appear and it is signed again by the Commissioner of General Transport Company, m.b.h. Kraus.
Pages 20 to 22: 9. Transport List No. 5, carried out on 20 September 1940, 88 persons were listed, but there is a note that 11 of these patients were from Klingenmuenster, and three have died, therefore 74 totally, that means 74 totally from Eglfing-Haar.
Pages 23 to 26 are names on Transport list No. 4, carried out on 20th September, 1940, and 102 persons, as page 26 of the document book shows, were transferred.
Page No. 27 of the document to page No. 39, is Transport List No. 4, carried out on 11 October, 1940, and contains 79 names, one deferred, therefore 78.
DR. FROESCHMANN: Counsel for Dr. Viktor Brack.
I should like to point out that in our document book this list cannot be found, and we are not in a position to follow the statements of the Prosecutor.
MR. HOCHWALD: I am sorry, Your Honors, I haven't checked the German Document Book. The lists will be handed to the counsel for defense as soon as they are available.
THE PRESIDENT: Counsel will expedite as much as possible the furnishing of this list to the defense counsel, and the completion of this document book, which is evidently incomplete, and the copy to be furnished defense counsel.
MR. HOCHWALD: I shall proceed in the presentation of Document No.1135, page 31 of the document, page 55 of the document book, which, Your Honors, is another confirmation made out in Eglfing-Haar, on the 28 of November, 1940, and is again signed by the Commissioner of General Transport Company, m. g. H,. this time by D. Hennecke.
Page 32 gives the 13th Transport list, No. 7, carried out in Eglfing-Haar, on 28 November, 1940, listing 16 persons.
Page 33 of the document is another confirmation dated 2 December, 1940, and again signed by the Commissioner of General Transport Company, m.b.H.
Page 34 of the document is transport List No. 8, carried out on 2 December, 1940, listing 16 persons, and page 35 is another confirmation, dated 17 January, 1941, and is again signed by the Commissioner of General Transport Company, m. b. H, this time by E. Kuepper.
Pages 36 to 38 is the 15th Transport List, No. 8, carried out on 17 January, 1941, listing 73 persons.
Pages 39 to 41, is the 15th Transport List No. 9, carried out on 17 January, 1941, listing 80 persons, and page 42 is a confirmation of the same thing as I have already read into the record, and is signed, Eglfing-Haar, 25 April 1941, with a typewritten note: "The Commissioner of the General Patients! Transport," signature, E. Kuepper.
Page 43 gives a list of the 25th of April, 1941, a list of men, listing 37 persons, and pages 44 to 46, are a transport list of the 26th of April, 1941, this time women, 96 persons were listed.
Page 47 is another confirmation. That has on the top a handwritten remark, 19th transport, signed Eglfing, 29 April, 1941, by E. Kuepper, The Commissioner of the General Patients! Transport, G.m.b.H.
Pages 48 and 49, give a transport list carried out on 29th April, 1941, listing 57 persons.
Pages 52 to 54, are Transport List No. 20, listing women, carried out on April 29th, 1941, 77 names.
Page 57 is Transport List No. 21, carried out on 29 April, 1941, listing 32 persons, and page 58 is Transport List No. 24, carried out on 29 April 1941, listing 24 persons.
Page 59 is another confirmation, dated the 20th of June, 1941, signed by the Commissioner of the General Patients Transport, G. m. b. H.
Page 60 is Transport List No. 21, carried out on 20 June, 1941, listing 22 persons.
I turn now to Document No.1133, which will be Prosecution Exhibit No.335. 1545
THE PRESIDENT: Is that Document found on page 86?
MR. HOCHWALD: Page 86 of the English Document Book, yes.
THE PRESIDENT: The number of the Document is 1133, the number is imperfect?
MR. HOCHWALD: 1133 as appears from the second page:
State Ministry of the Interior, Munich, 12 November, 1941, [pencilled note illegible], Registered:
To Director Dr. Pfannmueller, or his Deputy of the Asylum.
Eglfing-Haar "Subject:
Transfer of patients in the asylums.
The present situation necessitates the transfer of a large number of patients in the asylums. By order of the Reich Defense Commissar, I order the transfer of 120 patients from your institution. The transfer will probably take place on 24 October, 1941, the Charitable Patient Transport Corp. in Berlin, and/or its transportation manager, will contact you with regard to the selection and the picking up of the patients, which will take place on my order.
The transport is to be prepared by the delivering institution. In case the institution has no railroad siding, the transportation of the patient to the next railroad station is to be done by the institution. Restless patients are to be treated by adequate means for a trip of several hours. The patients, as far as possible, are to be handed over in their own underwear and clothing. Their entire private property is to be sent along with them well packed. In so far as they have no private clothing, the delivering institution is to loan underwear and clothing.
The personal records and case histories of the patients are to be handed over to the man in charge of the transport. Those who pay the costs are to be informed by the delivering institution that further payments beyond the day of the transfer are to be suspended until they are requested by the receiving institution. In cases where the patients are committed by the courts this information is to be transmitted to the penal authorities, along with with the file number.
The next of kin will be immediately notified of the transfer by the receiving institution. If in the meantime a relative should inquire of the delivering institution, the latter is to reply, if the name of the receiving institution is not known to it, that the patient was transferred by order of the competent Reich Defense Commissar. Besides, the new institution will contact the relatives as soon as possible.
On behalf of /s/ [illegible]
The third page of the document is?again a certificate, which is similar to the certificate which we presented in document no.1135, signed Eglfing, 24 October, 1940, E. Puppe, For the Charitable Patients Transport Corporation.
At pages 4 to 7 of the Document are the 11th Transport List No. 5, completed on 24 October, 1940, listing 120 persons.
That finishes the Document Book No. I.
DR. SERVATIUS: Mr. President, in my Document Book this list does not seem to be complete. It stops with No. 97 and there should be 120 names. Maybe the Prosecution can clear that up.
MR. HOCHWALD: There is one page missing. I presume that in the copy of Dr. Servatius one page, which is the last page of the document, is missing
DR. SERVATIUS: I shall receive the rest of the names.
MR. HOCHWALD: I want to present, if Your Honors please, Document Book No. 17, and as the first part of Document Book No. 17, which I shall take up now -
THE PRESIDENT: Before we get to the opening of this Document the Tribunal will recess, and requests that the Prosecution during the recess period be ready to show to the Tribunal the original of Document No.1063. If the document is convenient, the Prosecution will hand it to the Tribunal at this time.
MR. HOCHWALD: If the Tribunal please, I want to read from page no. 4.
THE PRESIDENT: We have stated that the Tribunal will now recess but I have asked that the original document No.1063 be submitted to the Tribunal now before the recess.
MR. HOCHWALD: Your Honors, I have been informed that this document is in possession of the Secretary General.
THE PRESIDENT: Will you procure the document and hand it to the Tribunal during the recess in the consultation room. The Tribunal will now recess.