Q. Will you tell the Tribunal the circumstances of your arrest?
A. The charge against me stated because of decomposing the German military strength and of the attempt to escape.
Q. After you were placed under arrest by the Gestapo, where were you imprisoned, witness?
A. First of all I spent two or three days at the Augustine prison at Kollmar.
Q. And then?
A. And then I was transferred to the concentration camp Schirmeck.
Q. Would you tell the Tribunal where the concentration camp Schirmeck is located, witness?
A. The concentration camp Schirmeck is located in the Vosges valley near the Alpine border between France and Germany.
Q. Is that within close range to the concentration camp Natzweiler?
A. The two concentration camps belong together.
Q. When you arrived at the concentration camp, what was the first duty assigned to you?
A. Well, I was locked in the bunker first of all for a period of eight days.
Q. And then?
A. And then I became a nurse at the hospital.
Q. When did you become a nurse in the hospital in the middle of May 1943?
A. I arrived on the 11th of May, and after 8 days in the bunker -therefore that was on the 20th of May that I became a nurse.
Q. In your experience as a male nurse at the hospital, Doctor, were you familiar with the activities connected with experimentation programs on human beings?
A. Yes, in the course of the week after my arrival, a transport of Poles arrived. It contained approximately 20 to 25 men. The transport arrived on a particular day which did not fall on the same day as the day on which other prisoners used to arrive.
These Poles did not arrive in the usual way and were not processed in the usual way upon their arrival. But they were immediately taken into a barrack and lock there. The barrack had been established for that particular purpose. It was a common barrack which had been divided into two sections by means of boards.
Q After the Poles arrived in the camp and were placed in the barracks what happened to them witness?
A First of all, the Poles had to wash their barracks several times with Lysol solution. I shall refer to this fact later on. Several days later two German Luftwaffe physicians arrived by car, and then they were accompanied by a German woman. Then they called the Chief of the Medical Office -- it was a medical student by the name of Adler -- and I, as well as the previously mentioned Poles, and then we had to stand at attention. The camp leader and his deputy were likewise present at the formation. The camp leader, his deputy, Adler, and I were given the usual Robert Koch Institute produced vaccine, and we were innoculated with this vaccine. The 20 to 25 Poles, on the other hand, were injected in the chest muscles with a yellow-grayish liquid, which the physicians had brought along in little glasses which were sealed with cotton wool. Before receiving this injection, the Poles were not subjected to any medical examination, and all the injections were given with the same needle without any further disinfection from one person to the next. The Poles were then sent back to their barracks and the barracks were guarded; nobody besides myself, who had to brind their daily food, had access to them, and I also had to check on their temperatures.
Q Witness, when this yellow-gray fluid was injected into these Polish victims, was that the virulent virus of typhus, as you understood it, or was that a vaccine injection?
A I cannot tell you that, but there are two facts which show that the vaccine was virulent, namely, because the nurse who had contact with them had been immunized through a tested vaccine and, on the other hand, I have mentioned the fact to you that upon their arrival the Poles had to wash their barracks with a Lysol solution. This was for the purpose of killing fleas and bugs. The other section of the barracks, because as I previously told you, the barracks was divided only by a wooded partition, was specially occupied by some prisoners, and when it was discovered that the washing with Lysol had not killed all the insects, then the other half of the barracks was immediately evacuated.
Q Now, witness, you have told us that the Poles were taken back to this isolated barracks after these injections, completely cut off from the rest of the camp. Now, will you tell us what developed after that time?
A I had to take the temperature of the Poles three times daily. After 36 to 48 hours, the temperature began to increase very much, to 39-40 and still higher. The reaction of the individual Poles was not always the same, which can also be explained because the people there were not homogeneous enough. They were young, partially still strong people amongst them, end there were older ones who, it could be seen, had lived in a concentration camp already for a long time. On the second or third day, I already found two corpses dead in their bunks. The fever kept on for about six to seven or eight days. Towards the end of this period, conditions of excitement and shock and fear and speaking affect, and other symptoms were found, and from that moment on I was unable to follow the experiment any further because I was relieved of my duty as a nurse and was sent to punitive company.
Q Doctor, you cared for these Poles and took their temperatures three times a day. Now, as a result of caring for these Poles and taking their temperatures, did you submit reports on your activities in that connection and, if so, to whom did you report to?
A. The temperature report was recorded on fever charts by me in the evening and they were then handed over to the Camp Commander at his office. During this time to which I am referring, the latter must have had telephone contact with the instigators of these experiments.
Q. Did you understand that these experiments were initiated by Dr. Haagen?
A. Upon the arrival of the two physicians I was told by the prisoner, Adler, that this was Luftwaffe Oberstabsarzt Haagen and his assistant, Luftwaffe Stabsartz Fraefe. This was not the first time that they performed such an experiment at Schirmeck.
Q. Now, did these reports that you turned in to the Camp Commander's office -- were they in turn forwarded to Professor Haagen?
A. Most probably; but I did not know that exactly. I only do know that sometime later, in the first days of the month of June, Haagen and Graefe again came to Schirmeck and took a blood test from the Poles who had remained, as well as myself.
Q. You refer to the fact that after you left this particular barracks as a male nurse, you had heard of other experiments; can you tell the Tribunal about those?
A. In only know what my comrade Adler told me; that this was the second experiment of this kind at Schirmeck.
Q. Were Haagen, Graefe or Croedel clad in the uniforms of officers of the Luftwaffe when you saw them?
A. Both of them were wearing the blue-gray uniform of the Luftwaffe.
Q. Now, witness, did you understand these experiments that were conducted upon these 20 to 25 Poles to be experiments with typhus for research, in connection with the disease, typhus.
A. Yes; there wasn't the slightest doubt in it for me, because after all at that time I had already 15 years of pharmacological activity behind me.
Q. Witness, you have stated that on the third day after the injection, two of the Poles died as a result of the experiments. Now, did you see those corpses yourself, personally?
A. Yes. I have personally tied, those two corpses into paper bags and they were burned at the crematory of Natzweiler.
Q. After these first two deaths, did any other deaths follow?
A. I could not swear to that fact, but I only know that as long as I was present at the experiment -- and I was unable to see the end -- there were only those two fatalities.
Q. You have stated that these experimental subject suffered from agitation for about five or six days after the vaccination, speech disorders, stammering and feelings of anxiety appeared. Now, do you know whether or not as a result of these experiments on the experimental subjects who survived, whether any ill effects resulted to their physical condition?
A. I will have to assume that these were the results of the injection, because Adler as well as myself, who had been immunized with the usual and common typhus vaccine, did not feel such reactions. These speech defects of which I have already spoken probably remained in the form of stammering with two or three Poles.
Q. Now, witness, you were later released from the Schirmeck Concentration Camp. On what day were you released?
A. I was released--i do not remember the exact day any more, but I was released a little more after four months after my arrival. That is approximately around the 15th of August.
Q. Why were you released, witness, at this period of time?
A. The Gestapo was corrupt and my wife had given everything that she owned in jewelry and gold in order to effect my release.
Q. Now, witness, at the time of your release, were you compelled to sign a sworn statement that you would not disclose what you had seen, heard, or gone through during your period of imprisonment at the concentration camp?
A. I had to swear and I had to sign that under threat of life impresonment in protective custody that I would with nobody discuss what I had seen and lived through. I do not need to toll you that such an oath was given under force and that it does not have any meaning for me.
Q. Now, witness, these 20 to 25 Poles that were injected at the Schirmeck Concentration Camp and later suffered these intense fevers, did any of those people volunteer for these experiments?
A. I do not think so. The people came in one transport. They were immediately locked up. Some morning they were called and had to fall into formation. Nobody asked them in my presence if they wanted to volunteer for these experiments or not.
Q. I have no further questions now.
THE PRESIDENT: Do any of the defense counsels wish to cross-examine this witness? There being no cross-examination, the Prosecution may proceed.
JUDGE SEBRING: Mr. McHaney, the Tribunal is interested in knowing whether or not this witness can testify as to whether or not he knows the names of any of these officers who conducted these experiments and whether or not he knows whether they had any connection with any of the defendants in the dock.
EXAMINATION BY MR. HcHANEY:
Q. Witness, will you tell the Tribunal who conducted these typhus experiments at the Schirmeck Concentration Camp.
A. As I have already told you, there were Luftwaffen Oberstabsarzt Haagen, the Luftwaffen Oberarzt Graefe; both of then were accompanied by an assistant whose name, I think, was Fraeulein Croedel.
Q. That name is spelled C-R-O-E-D-E-L?
A. Yes, that is correct.
Q. And you understood that Miss Croedel was secretary to Dr. Haagen?
A. I rather had the impression that it was his assistant because it was she who prepared the hypodermic one moment before the injections were given and performed the usual tasks which are usually performed by an assistant.
Q. If the Tribunal please, the substantially is the only fact which we wish to establish with this witness. The connection of one or the other of the defendants with Haagen will appear at a later date. The Prosecution has no further questions to put to him.
THE PRESIDENT: You may proceed. The witness may be excused.
MR. McHANEY: If the Tribunal please, I would like, at this point, to introduce Document NO-201, which will be Prosecution Exihibit 290. The Tribunal will recall that the witness Kogen testified with respect to certain poison experiments carried out at the Concentration Camp Buchenwald, and you will remember that he first told us of the poison experiments carried out in the presence of Dr. Morgen, for one, in December 1943; and that those experiments were conducted to see whether or not the defendant Hoven had administered poison to the witness against Koch, the concentration camp commander in Buchenwald, who was being prosecuted before an SS Court; and that four Russian prisoners of war, I believe it was, were selected and poison was administrated to them, and then were then taken to the Crematorium and executed, after which autopsies were performed upon their bodies. We also find a note in the Ding Diary, which is Document NO-265 and Prosecution Exhibit 287, on Page 48 of the English Document Book.
That note is an entry of the 30th and 31st of December 1943 and it reads: "Special experiment on four persons in the case Koch/Hoven. By order of SS Gruppenfuehrer Major General Nebe, the experiment was carried out in the presence of Dr. Morgen and Dr. Wehner." That is one of the poison experiments charged in Paragraph 6-K of the Indictment, and of course also in Paragraph 11 of the Indictment. There are three instances of experiments with poison charged in that paragraph and I think it might be well if I just read that paragraph from the Indictment. It read as follows:
" (K) Experiments with Poison. In or about December 1943 and in or about October 1944, experiments were conducted at the Buchewald Concentration Camp to investigate the effect of various poisons upon human beings. The poisons were secretly administered to experimental subjects in their food. The victims died as a result of the poison or were killed immediately in order to permit autopsies. In or about September 1944, experimental subjects were show with poison bullets and suffered torture and death. The defendants Genzken, Gebhardt, Mrugowsky, and Poppendick are charge d with special responsibility for and participation in these crimes."
Now the first experiment in December '43 at Buchenwald is supported first by the entry in the Ding Diary for the 30th and 31st of December 1943, and also of course by the testimony which the witness Kogon has given before this Tribunal.
THE PRESIDENT: That was the number assigned to this exhibit?
MR. McHANEY: This exhibit is Prosecution Exhibit 290.
Now the second poison experiment about which Kogon testified was the one charged in the Indictment as occurring in October 1944: and the Tribunal will remember that Kogon stated that four persons were administered some secret poisonous powder by Ding in the Crematorium, as I recall. His attention was then directed to the entry in the Ding Diary of 26 October 1944. That is on Page 51 of the Document Book which reads as follows: "Special experiment an six persons according to instruction of SS Oberfuehrer Lecturer Dr. Mrugowsky and RKPA Report on this orally."
The Tribunal will also recall that the witness Kogon testified that Ding had told him, before this poison experiment in October, that he had also seen Russian prisoners shot with poison bullets at Sachsenhausen near Oranienburg, and that Ding related those occurrences to him and that he testified the defendant Mrugowsky was there, and there was apparently some incident about one of the Russian prisoners of war trying to attach Mrugowsky on that occasion.
That is the third experiment charged in the Indictment and Document Number NO 201, Prosecution Exhibit 290, is our proof in support of that charge in the Indictment. This is a letter from the Defendant Mrugowsky directed to the Criminological Institute to the attention of Dr. Widmann. It is dated 12 September 1944 and you will recall that that corroborates in every detail the testimony of the witness Kogon since the poison experiments about which he knew in Buchenwald occurred in October 1944. This letter reads:
"Subject: Experiments with Aconitin nitrate projectiles.
"To the Criminological Institute "Berlin "In the presence of SS-Sturmbannfuehrer Dr. Ding, Dr. Widmann and the undersigned, experiments with Aconitin nitrate projectiles were conducted on 11 September 1944 on 5 persons who had been condemned to death.
The projectiles in question were of a 7.65 millimeter caliber filled with crystallized poison. The experimental subjects, in a lying position, were each shot in the upper part of the left thigh. The thighs of two of them were cleanly shot through. Even afterwards, no effect of the poison was to be observed. These two experimental subjects were therefore exempted.
"The entrance of the projectile did not show any peculiarities. Evidently, the arteria femolaris of one of the subjects was injured. A light stream of blood issued from the wound. But the bleeding stopped after a short time. The loss of blood was estimated as having been at the most 3/4 of a liter, and consequently was on no account fatal.
"The symptoms of the condemned three showed a surprising similarity. At first no peculiarities appeared. After 20 to 25 minutes a motor agitation and a slight ptyalism set in, but stopped again. After 40 to 45 minutes a stronger salivation set in. The poisoned persons swallowed repeatedly, but later the flow of saliva became so strong that it could not even be overcome by swallowing. Foamy saliva flowed from their mouths. Then choking and vomiting set in. After 56 minutes the pulse of two of them could no longer be felt. The third had a pulse rate of 76.
After 65 minutes his blood pressure was 90 over 60. The sounds were extremely low. A reduction of blood pressure was evident.
"During the first hour of the experiment the pupils did not show any changes. After 78 minutes the pupils of all three showed a medium dilation together with a retarded light reaction. Simultaneously, maximim respiration with heavy breathing inhalations set in. This subsided after a few minutes. The pupils contracted again and their reaction improved. After 65 minutes the patellar and achilles tendon reflexes of the poisoned subjects were negative. The upper abdominal reflexes of the third were still positive, while the lower were negative. After approximately 90 minutes, one of the subjects again started breathing heavily; this was accompanied by an increasing motor unrest. Then the heavy breathing changed into a flat, accelerated respiration, accompanied by extreme nausea, One of the poisoned persons tried in vain to vomit. To do so he introduced four fingers of his hand up to the knuckles into his throat, but never-the-less could not vomit. His face was flushed.
"The other two experimental subjects had already early shown a pale face. The other symptoms were the same. The motor unrest increased so much that the persons flung themselves up, then down, rolled their eyes and made meaningless motions with their hands and arms. Finally the agitation subsided, the pupils dilated to the maximum, and the condemned lay motionless. Masseter spasms and urination were observed in one case. Death occurred 121, 123 and 129 minutes after entry of the projectile.
"Summary: The projectiles filled with approximately 38 milligrams of Aconitin nitrate in solid form had, in spite of only insignificant injuries, a deadly effect after two hours. Poisoning showed 20 to 25 minutes after injury. The main reactions were: salivation, alteration of the pupils, negative tendon reflexes, motor unrest and extreme nausea."
(Signed) "MRUGOWSKY SS-Lecturer Oberfuehrer and Office Chief" On the two attachments to the letter are pictures of the projectile which was shot into the 5 victims.
That constitutes the proof of the Prosecution on the crimes charged in Paragraph 6(K) and correspondingly in Paragraph 11 of the Indictment.
JUDGE SEBRING: Mr. McHaney, what defendants do you consider to be proven to have been implicated by the proof which you have adduced?
MR. McHANEY: If the Tribunal please, of course the Defendant Mrugowsky is, according to our judgment, implicated at a minimum in the second poison experiment and the poison bullet experiment. Those two, according to the testimony of Kogon, are related experiments. The instance of the poisoning of the 4 Russian prisoners of war to test the effect of certain drugs used by the Defendant Hoven in doing away with a witness for the SS Court against Koch was carried out also by Ding who was the subordinate of Mrugowsky. We have, in turn, charged Genzen, Gebhardt, and Poppendick. Of those, Gebhardt and Poppendick were members of the same office in which the Defendant Mrugowsky was active, that is to say, the office of the Reichs Physician, Grawitz. Genzken, it is true, was in the medical department of the Waffen-SS which was subordinate to the so-called SS Sturmhauptamt and not to the deceased Grawitz.
Accordingly it may be that the Prosecution will recede from its position with respect to Genzken. However, I do not, at this time, wish to go on the record in that regard. We have presented, I think, all of our evidence with respect to the crimes charged in Paragraph 6(K) and I take it that it is a matter of argument as to whom that evidence runs against. Quite clearly it runs against Mrugowsky very directly and personally. I think, also, that it implicates Gebhardt and Poppendick if somewhat less directly because of the positions they held and also there will be additional proof with respect to Gebhardt. As to his key position, as to medical experimentation on concentration camp inmates of whatever kind, I take it that if the Prosecution proves that Gebhardt was in effort a clearing house through which medical experimentation upon concentration camp inmates had to be cleared, that then we have pretty directly implicated him in the whole scope of the program and in that connection I would like to remind the Tribunal of one of the documents which went in under the Mustard Gas Experiments, one of the letters in 1944 where I think 6 persons were being requested for experimentation with a certain type of gas, and that letter included the comments and approval in part, as I remember of Nebe of the Criminal Police, and Gebhardt, and, I think Gluecks was the other one -- Gluecks of the WVHA. At that time I suggested to the Tribunal that the wording of the letter very clearly indicated that the Defendant Gebhardt was in such a position with in the SS that he was called upon to give his approval to the use of concentration camp inmates for medical experimental purposes. So, if the Tribunal will permit, I would particularly like to reserve our arguments with respect to the Defendant Gonzken on this paragraph of the indictment until we have had the time to study quite carefully the full ramification of the proof. It may be that we will not press that particular I would like now to read into the record the rest of the Ding diary, which is Prosecution Exhibit 287.
At the risk of repeating just a little, I am going to start on page 46, with the entry of 13 and 14 April 1943. I am quite sure that we have read that part into the record, because it deals with Akridin Granulat and Rutenol, two of the drugs which were used therapeutically in treating typhus. The Tribunal will recall that the paper, written by Ding and which bears the rubber stamp of Poppendick with his stamp of approval for publication, deals with this same subject and these same experiments. I am quite sure that was read into the record, consequently, I am starting with 27 April 1943 to 1 May 1943; text on page 36 of the English Document Book:
"27 April 43 1 May 43 "Unit of SS-Sturmbannfuehrer Dr. Ding ordered to Paris to procure laboratory material for the 'Department for Spotted Fever and Virus Research' and the Hygiene Institute."
"16 June 43 "Typhus-Therapeutic Experiment 'Otraomin' "On suggestion of the Robert Koch Institute, Berlin (Prof Dr. LOCKEMANN) the effect of a new 'Therapeutikum' of the Rhoda series - Otrhomin should be tested on humans.
For this purpose, 20 persons of the series "Otrhomin' and 20 persons for control (10 immunized, 10 not immunized) were infected on 10 June 43 respectively on 18 June 43 with 2 cm. each of typhus bacteria swelling in a physical salt solution, given in potato salad. Of the 40 persons, 7 get sick slightly, 23 medium. Furthermore, there were 6 ambulatory cases. 4 persons did not show any symptoms."
"28 July 43:
"Charts of case history completed of the series 'Otrhomin' and sent to Berlin."
"5 August 43:
"Charts and case history completed of the control series and sent to Berlin."
"10 August 43:
"Delivery of the records to ROMR (Reich Higher Medical Counseller) CHRISTIANSEN in the RMI (Reich Ministry of the Interior). The experimental series was concluded.
"1. death (control-not-immunized)."
"Spotted Fever vaccine experimental series V11.
"28 May 43:
18 June 43 "Carrying of spotted fever vaccination for immunization with the following vaccine:
1) 20 persons with vaccine "Asid"
2) 20 persons with vaccine 'Acid Adsorbat" of the Anhaltinischen Serumwerke B.m.b.H., Berlin NW 7 30 20 persons with vaccine "Weigl" of the institute for spotted fever and virus research of the supreme command, army (OKH) Crokow, (Eyer)."27 Aug 43:
"Infection of 20 persons of the series "Asid 20 persons of the series "Asid Adsorbat" 20 persons of the series 'Weigl' 10 persons for control by intravenous injection of 1/4 ccm oach.
Whole blood of a spotted fever sick.
All experimental persons yet very serious spotted fever."
"7 Sept 43:
"Chart and case history completed. The experimental series was concluded.
"53 deaths (18 with 'Asid') (18 with 'Asid Adsorbat') (9 with 'Weigl') (8 control)" "9 Sept 43:
"Charts and case histories delivered to Berlin.
"8 Nov 43 17 Jan 44:
High test immunization experiment with Fraenkel Vaccines.
"According to an immunization plan of the Fraenkel high test immunization for humans, the compatibility of FraenkelFormol-Toxoid on humans was tested.
"At first 15 experimental persons were vaccinated in periods of 14 days three times with i com Fraenkel-Al,F.T. (Fraenkel Formol-Toxoid absorbed in aluminum hydroxide).
"After a pause of 14 days the vaccinations with FraenkelFormol-Toxoid as follows and they list the days on which additional vaccinations of typhus were given. I am sorry, that is the vaccine with Fraenkel-Formol-Toxoid. They give the amount of injections and the dates they were given.
"17 Jan 44:
"Observation of vaccination reactions completed and sent away."
From 19 November, 1943 to 23 November, 1943, we have the entry on the Phospherus Kautschuk Incendiary Bomb Experiment. That, if the Tribunal please, is charged in Paragraph 6 of the Indictment and is charged against the same defendants as the poison experiment defendants, that is Genzken, Genhard and Poppendick. The witness Hegen testified about these Experiments and we also introduced a report on those experiments.That is Prosecution Exhibit 288. That is the report which contains the picture shots upon the rabbits once the burns were made of phospherus kautschuk from the incendiary bomb and also on the forearms of human beings.
The testimony of Hegen and the entries in the Ding diary constitute the proof of the Prosecution on the charge in count six of the Indictment and consequently fulfill count 11 of the Indictment.
This entry of the diary reads as follows:
"19 Nov. 43 23 Nov.
43:
"Phosphorus Kautschuk Incendiary Bomb Experiment" "To test the preparation "R 17" on new phosphorus burns and to test 'Ecinacin' ointment and 'Ethinacin extern' for the later treatment of wounds from phospherus burns, all from the Dr. Madaus Works in Radebeul Dresden, burning tests were carried out on five experimental persons on the above mentioned dated with phosphorus matter, which was taken from an English incendiary, found near Leipzig."
"5 Jan. 44":
"Protocol delivered to the Reich medical officer of the SS with the request to forward it to the Dr. Madaus Works."
The Tribunal will recall that the witness Hogon testified that report was sent to the defendant Poppendick.
The next entry is 30-31 December 1943 and is included in the Koch/Hoven case and I will omit reading that again.
"21 Dec 43 16 Jan 44:
"Control of blood plasma.
"By order of the military academy of medicine, Berlin, 18 capsules of blood plasma were tested on 18 experimental persons for their compatibility on humans."
"29 Jan 44 19 Feb 44:
"Control of blood plasma.
"By order of the military academy of medicine, Berlin, 30 more capsules of blood plasma were tested on 30 experimental persons for their compatibility on humans."
"22 Feb 44:
"Test papers sent to Reich medical officer of SS by courier. Vaccine preliminary experimental series Weimar."
"22 Jan 44 31 Jan 44:
"To test compatibility and the immunization effect, 5 persons were immunized by three vaccinations with spotted fever vaccine "Weimar" (Producer: Hygienic Institute of the Waffen SS, department for spotted fever and virus research) On 22 Jan 44 0.5 cc On 27 Jan 44 1.0 cc On 31 Jan 44 1.0 cc were injected.
"Subcutaneous in the left and the right upper arm respectively."
"25 Feb 44:
"20 persons (15 immunized and 5 for control) were infected by subcutaneous injection of 1/20 cc spotted fever sick fresh blood.
"Donor: G... Nr. 713, 36 years old (6th day of sickness) Stamm Bu IV/ Passage 13 "All those infected fell sick with slight to serious spotted fever" "5 Apr 44:
"Court and case history completed."
"25 April 44:
"The experimental series was concluded:
5 deaths (1 Asid) (1 Weimar) (3 control)
THE PRESIDENT: The Tribunal will now recess.
******** AFTERNOON SESSION (The hearing reconvened at 1520 hours, 8 January 1947) THE DEPUTY MARSHAL: