a. Introduction
The defendants Karl Brandt, Handloser, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Ruff, Romberg, Becker-Freyseng, and Weltz were charged with special responsibility for and participation in criminal conduct involving high-altitude experiments (par. 6 (A) of the indictment). During the course of the trial, the prosecution withdrew this charge in the cases of Karl Brandt, Handloser, Poppendick, and Mrugowsky. Only the defendants Rudolf Brandt and Sievers were convicted on this charge.
The prosecution’s summation of the evidence on the high-altitude experiments is contained in its closing brief against the defendants Ruff, Romberg, and Weltz. An extract from this brief is set forth below on pages 92 to 113. A corresponding summation of the evidence by the defense on these experiments has been selected from the closing briefs for the defendants Ruff and Sievers. It appears below on pages 114 to 140. This argumentation is followed by selections from the evidence on pages 140 to 198.
b. Selection From the Argumentation of the Prosecution
EXTRACTS FROM THE CLOSING BRIEF AGAINST DEFENDANTS RUFF, ROMBERG, AND WELTZ
Early in the war it was deemed necessary to conduct research in the field of high altitudes because of the higher ceilings reached by the Allied fighter planes. This created the problem of availability of human experimental subjects, inasmuch as animal experimentation was considered inadequate. The heights involved were 12,000 meters to over 20,000 meters, hence it goes without saying that such experiments were very dangerous and, as indicated by the evidence, volunteers were not to be had. This difficulty was overcome by the use of concentration camp inmates without their consent. The first indication of this criminal plan appears in a letter from Dr. Sigmund Rascher, a Luftwaffe physician, in a letter to the Reich Leader SS dated 15 May 1941:
“For the time being, I have been assigned to the Luftgau Kommando VII, Munich, for a medical selection course. During this course, where research on high-altitude flying plays a prominent part, determined by the somewhat higher ceiling of the English fighter planes, considerable regret was expressed that no experiments on human beings have so far been possible for us because such experiments are very dangerous, and nobody is volunteering. I therefore put the serious question: is there any possibility that two or three professional criminals can be made available for these experiments?” [Emphasis supplied.] (1602, PS, Pros. Ex. 44.)
It further appears in this Rascher letter of 15 May 1941 that Rascher had conferred with another Luftwaffe physician and that a tentative agreement had been reached wherein it was determined that the experiments on the concentration camp inmates, in which the experimental subjects were expected to die, would be performed at the “Bodenstaendige Pruefstelle fuer Hoehenforschung der Luftwaffe” at Munich:
“The experiments are being performed at the Ground Station for High-Altitude Experiments of the Luftwaffe [Bodenstaendige Pruefstelle fuer Hoehenforschung der Luftwaffe] at Munich. The experiments, in which the experimental subject of course may die, would take place with my collaboration. They are absolutely essential for the research on high-altitude flying and cannot, as it had been tried until now, be carried out on monkeys, because monkeys offer entirely different test conditions. I had an absolutely confidential talk with the representative of the Luftwaffe physician who is conducting these experiments. He also is of the opinion that the problems in question can only be solved by experiments on human beings.” (1602-PS, Pros. Ex. 44.)
Weltz testified that a meeting took place in the summer of 1941 on the occasion of a visit by Generaloberstabsarzt Hippke to Luftgau VII. (Tr. p. 7056.) In a discussion between Weltz, Kottenhoff, and Hippke, Hippke gave his approval in principle to the experiments if they were deemed necessary. (Tr. p. 7065.) In the course of the summer of 1941, Rascher went to Weltz and proposed the slow-ascent experiments, but Weltz turned them down as unnecessary. (Tr. p. 7176.) This testimony of the defendant Weltz clearly indicates the jurisdiction Weltz had over Rascher’s activities. This refusal to permit the performance of slow-ascent experiments bears out the contention of the prosecution that the defendant Weltz had the power and the authority to intervene at any time. Weltz’ actions throughout the entire development of the plans for the experiments were not merely negative. He was in full accord with the entire enterprise and he realized that Rascher did not possess the necessary qualifications to conduct these experiments without the assistance of a specialist in this particular field of aviation medicine. Furthermore, although Rascher was attached to Weltz’ Institute he had no other definite work. (Tr. pp. 7078 and 7187.) To find a specialist to collaborate with Weltz and Rascher proved to be a difficult task. Weltz first approached members of his own institute, namely Lutz and Wendt, men of considerable reputation in this field, but to no avail. Wolfgang Lutz appeared before this Tribunal and testified that Weltz requested his assistance, as well as the assistance of Wendt, but that they both refused on moral grounds. (Tr. p. 269.) Weltz did not deny this, but contended that his questions to Lutz were purely rhetorical. (Tr. p. 7069.)
The inability to interest a specialist in the field of high-altitude research to collaborate with Rascher explains the cause for the lapse of time between the date of the authorization by Himmler and the actual date of the commencement of the experiments, viz, July 1941 to February 1942. Weltz was not a specialist in high-altitude research. Kottenhoff was transferred to Romania, and Rascher was comparatively a novice in this field.
The next step taken by Weltz, which led to the completion of the plans to conduct the high-altitude experiments on human beings at the Dachau concentration camp, was his invitation to the defendants Ruff and Romberg to collaborate with Rascher. These two men were experts in this field and were interested in further research in altitudes exceeding 12,000 meters. Weltz testified that he made a trip to Berlin and that Ruff accepted his invitation to collaborate with Rascher. (Tr. p. 7188.) The evidence shows that Weltz approached Ruff and Romberg as he needed expert assistance. (NO-437, Pros. Ex. 42; NO-263, Pros. Ex. 47; NO-191, Pros. Ex. 43.) The defendant Ruff stated that he first heard of the plan to carry out research on inmates of the Dachau concentration camp from the defendant Weltz and that Weltz desired collaboration between Romberg and Rascher and between Weltz’ Institute and Ruff’s Institute. (Tr. p. 6653.) Furthermore, Ruff testified that Weltz stated:
“It is, of course, best if you or Romberg take part in these experiments because Romberg had already carried out such parachute descent experiments and is therefore the man who knows about the whole problem of rescue from high altitudes.” (Tr. pp. 6654-5.) Ruff further testified that Weltz suggested that a new series of experiments in parachute descents from great heights should be carried out at Dachau on prisoners. (Tr. p. 6653.)
From this moment on, the experimental program started to move as a mutual undertaking. This is better stated by the defendant Weltz:
“This was to be a mutual undertaking, during which Ruff was to detail Romberg and I was to detail Rascher. Ruff naturally was to be chief of Romberg and I, as a matter of course, was to be Rascher’s chief. Ruff couldn’t give any orders to Rascher. Rascher was a captain in the Medical Corps and Ruff was a civilian. I couldn’t give any orders to Romberg because Romberg was a civilian while I was a soldier. Naturally, this is how the distribution was. It had to be that way. Furthermore, it was clear that I couldn’t in any way retire. I could not just leave Rascher to Ruff. It was quite clear that I had to participate in these experiments by exercising supervision, but not by actively participating.” (Tr. p. 7079.)
This evidence certainly rebuts Weltz’ vague contention that he was not in search of specialists in high-altitude research to collaborate with him and Rascher. Without the efforts of Weltz the experiments could never have taken place. In brief, to conduct these experiments at altitudes exceeding 12,000 meters Weltz found it necessary to secure the assistance of experts in the field, as well as a low-pressure chamber which would meet his needs. Ruff and Romberg possessed both, and in the above manner Weltz skillfully engineered the whole plan.
Immediately after Weltz had completed his negotiations with Ruff, he called a meeting at his institute in Munich, wherein discussions of a technical nature concerning the experiments were held. At this meeting, Ruff, Romberg, Rascher, and Weltz were in attendance. This meeting was at Weltz’ Institute and Weltz presided over the meeting. It was further decided that a second meeting was to be held at Dachau a few days later in order to make the necessary arrangements with the camp commander. This trip took place in order to discuss technical preparations with the camp commander, and to arrange details concerning the selection of the experimental subjects. Again, Weltz, Ruff, Romberg, and Rascher were in attendance, in addition to Piorkowski, the camp commander, and Schnitzler of the staff of the Reichsfuehrung SS. (NO-476, Pros. Ex. 40; NO-437, Pros. Ex. 42; NO-263, Pros. Ex. 47; Tr. pp. 7086-7.)
After the arrangements with the camp authorities at Dachau had been completed, the shipment of the low-pressure chamber from Berlin was the next problem to overcome. As pointed out earlier, Weltz desired the low-pressure chamber which was possessed by Ruff and Romberg for use in the experiments at Dachau. It is interesting to note that Weltz had had a low-pressure chamber available in his own institute from 1938 on (Tr. p. 7178.), and that Weltz testified that volunteers from his student body or from the Luftwaffe were available. (Tr. pp. 7180-83.) Despite this, it was necessary to resort to the concentration camp for inmates and, in order to conduct the experiments, a mobile pressure chamber had to be brought down from the Ruff Institute in Berlin, as the low-pressure chamber in the Weltz Institute was not mobile. The mobile low-pressure chamber from Ruff’s Institute at Berlin was driven to Weltz’ Institute in Munich and arrived in the late afternoon. This chamber was driven to Munich by employees of the DVL and turned over to Weltz. On the following day, SS drivers came from Dachau, received the keys to the chamber and drove it to the concentration camp. (Tr. p. 7199.) The purpose in camouflaging this activity was to deceive the employees of the DVL because Weltz and Ruff did not want them to know that the low-pressure chamber was to be used in an experimental program at a concentration camp. This is borne out by the fact that a completely new set of drivers came from the concentration camp to take the chamber to Dachau. This particular action of secrecy is noticeable when it is considered that Dachau is merely 12 kilometers from Munich and actually the DVL drivers had to go out of their way to deliver the chamber to the Weltz Institute. Ruff testified that the secrecy in the transfer of the chamber to Dachau was for security reasons. (Tr. p. 6550.)
From the evidence thus far summarized, and indeed from Weltz’ own admission, it is clear that he must be found guilty of the high-altitude crimes committed in Dachau. This was a criminal undertaking from its inception. It was known to all concerned that the proposed experiments were certain to result in deaths and that they were to be performed on nonvolunteers. That is proved by the very first letter to Himmler. Weltz supported the ambition of his subordinate, Rascher, to perform the experiments on behalf of the Weltz Institute. He secured the collaboration of Ruff and Romberg. He obtained the consent of Hippke and a research assignment from the Referat for Aviation Medicine under Anthony and Becker-Freyseng. He took care of the technical arrangements and participated in conferences with Ruff, Romberg, and Rascher which decided on the experiments to be performed. Weltz did more in having the experiments performed than anyone else. His guilt is clearly established on this evidence alone. It is not disputed that Rascher was subordinated to him until February 1942. Weltz’ main defense is that he had Rascher transferred from his institute late in February 1942 and, hence, cannot be held responsible for what happened thereafter. Even if true, this is no defense. Weltz had long since participated in the criminal enterprise. He cannot be heard to say that “Yes, I did all that, but I’m not responsible for the actual consequences which my acts were expected to bring about.” The deaths which occurred in these experiments were foreseeable from the beginning. Weltz does not escape responsibility for those deaths, even if it were true that Rascher was not subordinated to him when they occurred. But that is not true, as the evidence proves.
The actual date of the commencement of the experiments at Dachau was 22 February 1942, which was recalled by the witness Neff because it was his birthday. (Tr. p. 606.) From this point on, the defendant Weltz takes the position that he had no knowledge of the work and that, in fact, Rascher was relieved from his command. Weltz admitted that it was his obligation to supervise Rascher and that the existing arrangement between Ruff and Weltz was that this was to be a joint undertaking. Ruff exercised supervision over Romberg, and Weltz was to exercise supervision over Rascher. Weltz conceded that he was Rascher’s disciplinary superior and was responsible for the scientific programs to which he assigned Rascher. (Tr. p. 7088.) Despite this chain of command and working agreement, Weltz takes the position that Rascher endeavored to work independently and that he did not desire to report to Weltz. (Tr. pp. 7088-9.) It became necessary for Weltz to order Rascher to report to him twice a week and, as a result of this order, Weltz alleges that Rascher came to him in the middle of February and that they had their first conversation since the meeting in Dachau and on that occasion, Rascher informed Weltz that the experiments had not even started yet and that he had nothing to report. (Tr. p. 7089.)
Weltz testified that Anthony, under whom Becker-Freyseng worked in the Luftwaffe Medical Inspectorate, in Berlin, telephoned him to inquire how the Dachau experiments were progressing and that he could only reply that nothing had been reported to him. Rascher reported to him for the second time, whereupon Weltz informed Rascher that a telephone call had come through from Berlin and that he wanted to have some clarification as to how things stood at Dachau. Rascher did not want to report anything to Weltz at the second conversation, and Weltz maintains that he told Rascher that he was going to Berlin to clear up the situation and obtain a clear decision whether or not Rascher was to report to him. Then, on the occasion of the third visit from Rascher, Weltz, expecting a sharp argument, asked Wendt of his office to come into the room, and on that occasion he confronted Rascher with the alternative either to report to him or to leave the institute. Weltz asserts that at that time Rascher showed him a telegram from Himmler, which read: “Experiments are to be kept secret from everyone.” (Tr. p. 7089.) Thereupon, Weltz maintains that he ordered Rascher from his institute and that he then composed a letter, together with Wendt, to the Luftgau and asked for Rascher’s immediate transfer and that within a few days Rascher’s assignment had ended. (Tr. p. 7090.)
The memorandum of Nini Rascher to Himmler of 24 February 1942 shows that at that time Rascher was still subordinate to Weltz. (NO-263, Pros. Ex. 47.) She reviewed the history of the experiments and pointed out that on 24 July 1941 Rascher, Kottenhoff, and Weltz were to be in charge. Kottenhoff was transferred to Romania in August and thereby excluded from the group. She stated that it was Weltz’s task to initiate the technical execution of the experiments. Apparently because of a fear of moral objections on the part of Hippke, Weltz had postponed the beginning of the experiments but had finally secured Ruff and Romberg to collaborate with Rascher. A conference took place in Dachau between Piorkowski, Schnitzler, Weltz, Rascher, Romberg, and Ruff. Weltz had given the assurance that he would take care of the authorization for Rascher. Mrs. Rascher complained that on 18 February, after Rascher had carried out all the preparatory work, Weltz stated: “Now that you have removed all obstacles from the path of Romberg with the SS, the authorization must be handled differently.” Mrs. Rascher stated that both Romberg and Rascher agreed that Weltz was not needed anymore and that both opposed his attempts to oust Rascher in favor of himself.
Weltz contended that the truth of the matter was that he wished to get rid of Rascher, and that Mrs. Rascher had misrepresented this to Himmler so that it would appear that he was trying to eliminate Rascher in order to keep the work exclusively to himself. (Tr. p. 7099.) There can be no question that Mrs. Rascher was quite correct in her analysis of the situation. What possible reason could Weltz have for desiring, just before the experiments began, to eliminate Rascher unless he wished to participate himself personally and thus secure a larger share of the scientific credit? Certainly he had supported Rascher from the very inception of the proposal to perform the experiments. Be that as it may, the proof shows that Rascher continued to participate in the experiments as a subordinate of Weltz. This is clearly proved by a file memorandum of Schnitzler of the SS office in Munich, dated 28 April 1942. (NO-264, Pros. Ex. 60.) This memorandum shows that Rascher was still subordinated to Weltz, and that Weltz was insisting on active participation in the experiments and full responsibility. The RLM [Reich Air Ministry] had inquired of Weltz how long the experiments would last, and whether it was justifiable to detail a medical officer for so long. Rascher, who was chafing under his subordination to Weltz, requested that his assignment be changed to the DVL [German Aviation Research Institute], Dachau Branch.
Weltz’ only reaction to this document was that the date was wrong and should read 28 February 1942 instead of 28 April 1942. (Tr. p. 7099 ff.) Weltz conceded on cross-examination that, assuming the date 28 April 1942 was correct, then of course Rascher was still his subordinate at that time. (Tr. p. 7232.) The file memorandum of Sievers dated 3 May 1942 settled this question beyond any doubt. This memorandum reads as follows:
“SS Untersturmfuehrer Stabsarzt Dr. Rascher reported in Munich on 29 April 1942 about the result of the conference with Oberstabsarzt Dr. Weltz. Weltz requested that Dr. Rascher be withdrawn if by Friday, 1 May 1942 he (Weltz) were not taken into consultation regarding the experiments. The Reich Leader SS was informed accordingly. He ordered SS Obergruppenfuehrer Wolff on 30 April 1942 to send a telegram to Field Marshal Milch requesting that Dr. Rascher be ordered to the German Aviation Research Institute [Deutsche Versuchsanstalt fuer Luftfahrt], Dachau Branch, and there to be at the disposal of the Reich Leader SS.” (NO-1359, Pros. Ex. 493.)
After having been confronted with this document Weltz in effect conceded that his previous testimony about the transfer of Rascher had been, to say the least of it, incorrect. He said:
“Yes, now the entire matter looks somewhat different. If I had this file note of Sievers in addition to my other documents, I would have known that the note of Schnitzler was correct, and that there must be another possibility to explain Mrs. Nini Rascher’s letter. This letter, on the other hand, cannot be explained now. I can only try to reconstruct the dates from the documents which were available here, since I no longer know them today.” (Tr. p. 7239.)
On redirect examination by his defense counsel, Weltz was asked again to clarify the situation with respect to Rascher’s subordination, and he replied:
“Since my first attempt to clarify this contradiction came to naught, I should not like to try again. I simply can see no way to clarify it on the basis of the material before me.” (Tr. p. 7251.)
In a letter of 20 May 1942 from Milch to Wolff it is again made evident beyond any doubt that Rascher was subordinate to Weltz:
“In reference to your telegram of 12 May our medical inspector reports to me that the altitude experiments carried out by the SS and Air Force at Dachau have been finished. Any continuation of these experiments seems essentially unreasonable. However, the carrying out of experiments of some other kind, in regard to perils at high sea, would be important. These have been prepared in immediate agreement with the proper offices; Major (M. C.) Weltz will be charged with the execution and Captain (M. C.) Rascher will be made available until further orders in addition to his duties within the Medical Corps of the Air Corps.” (343-A-PS, Pros. Ex. 62.)
Thus it is clear that Weltz must be held responsible for the numerous murders which resulted during the high-altitude experiments in Dachau. Not only did he participate in plans and enterprises involving the commission of these experiments, but he also was the direct superior of Rascher who, together with Ruff and Romberg, actually executed the experiments.
Status of Prisoners Used in the Experiments
After Weltz had successfully secured the collaboration of Ruff and Romberg, he held a meeting at his institute in Munich late in December 1941, or early in January 1942. (Tr. p. 6657; Tr. p. 7086.) Ruff, Romberg, Weltz, and Rascher attended this meeting primarily to lay the groundwork for the technical arrangements necessary to perform the work at Dachau. It is alleged by all the defendants that the question regarding the status of the prisoners to be used was discussed and that Rascher had assured them that the subjects would be exclusively volunteers. (Tr. p. 7086; Tr. p. 6232; Tr. p. 6869.) In fact, the defendants state that Rascher exhibited a communication from Himmler which provided that the subjects must be volunteers under all circumstances. (Tr. p. 6869.) Unfortunately, this letter has not been produced by the defense. Needless to say, the defendants take the position that such experiments were to be performed on habitual and condemned criminals and that considerations were to be offered to said “volunteers” in the event of their surviving the experiments. As a matter of fact, Romberg explicitly states that he saw the “Himmler letter” and he was able to observe the words “criminal” and “volunteer” therein. (Tr. p. 6870.)
The assertion on the part of the defendants that Himmler had ordered that the criminals used be volunteers is ridiculous and incredible when one considers that Himmler instructed Rascher to pardon these unfortunate inmates only if they could be recalled to life after having been subjected to the type of experiments outlined in Rascher’s first interim report, wherein it is shown that the experimental subjects had stopped breathing altogether and their chests had been cut open, i. e., autopsy had been actually performed on them. (1971-A-PS, Pros. Ex. 49.)
In this instance, Himmler graciously stated:
“3. Considering the long-continued action of the heart, the experiments should be specifically exploited in such a manner as to determine whether these men could be recalled to life. Should such an experiment succeed, then, of course, the person condemned to death shall be pardoned to concentration camp for life.” (1971-B-PS, Pros. Ex. 51.)
It is absurd to give any weight to the allegation that Himmler provided that the subjects were to be volunteers. These men knew that volunteers could not be secured and that was the very reason for going to Himmler. This is shown in the letter from Rascher to Himmler requesting that criminals be made available due to the fact that “nobody is volunteering.”
The defendant Ruff admitted on the stand that the experiments conducted on themselves and colleagues in Berlin concerned altitudes up to 12,000 meters and that the question of what would happen between 12,000 and 20,000 meters was subsequently investigated at Dachau. (Tr. p. 6679.) It is obvious, therefore, that Ruff, Romberg, Weltz, and Rascher were unwilling to perform such investigations on themselves.
The evidence has proved that the subjects used in the high-altitude experiments were not, with a few minor exceptions, volunteers. The inmates were simply selected at random in the camp and forced to undergo the experiments. Russians, Poles, Jews of various nationalities, and Germans were used. Russian prisoners of war were included, as were many political prisoners. Approximately 180 to 200 inmates were experimented on, about 70 to 80 being killed as a result. Not more than 40 of these had been “condemned to death.” Among those killed were political prisoners. (Tr. pp. 613-18; also Tr. p. 432.) This testimony of Neff, who was the inmate assistant in the experiments and who identified Ruff, Romberg, and Weltz, is corroborated by Rascher’s cable asking if Himmler’s amnesty rule applied to Russians and Poles who had been extensively used in the experiments. (1971-D-PS, Pros. Ex. 52.) The nationality and status of inmates were easily discernible from the badges worn on their uniforms. Ruff and Romberg could have told from these that foreign nationals and political prisoners were being used. (Tr. pp. 616-7.)
The witness Neff’s testimony reveals that approximately 10 prisoners were selected as permanent, experimental subjects, but they were not volunteers. (Tr. pp. 611, 622, and 430.) There were, however, a few “volunteers” according to Neff. He stated that “there were certain volunteers for these experiments, because Rascher promised certain persons that they would be released from the camp if they underwent these experiments.” (Tr. p. 614.) Neff clearly pointed out that in view of the way the prisoner subjects were selected and used it was not possible to know who were volunteers, if any, and who were not volunteers. (Tr. pp. 606-26.) They were not brought in and used as a separate group. Moreover, the evidence shows that these promises were not kept. (Tr. p. 615.) The only evidence of a release is the case of Sabota, as outlined by Neff, and in that case he was sent to an undesirable special SS commando group. No death sentences were commuted.
The defense claims for Ruff and Romberg that the experiments at Dachau were divided into two groups. The first group, the so-called Ruff-Romberg-Rascher experiments, was noncriminal, while the second group, the Rascher experiments, encompassed all the crimes. They contend that the Ruff-Romberg-Rascher experiments were conducted independently of the Rascher experiments and that the 10 original subjects mentioned by Neff and Vieweg were used exclusively for the Ruff-Romberg-Rascher experiments. Despite the testimony of the witnesses and the weight of the documentary evidence, they would have the Tribunal believe that by a wondrous working of fate these were all volunteers and no crimes occurred. This defense is of course inapplicable to Weltz. Rascher was subordinated to and subject to his orders.
It should be noted that Romberg and Rascher who tested themselves in the altitude chamber at Dachau with an air pressure equivalent to 12,500 and 13,500 meters altitude respectively, for 30 to 40 minutes, discontinued these experiments on themselves because of intense pain. (NO-402, Pros. Ex. 66.) Yet, these men proceeded, as proved by their own joint report, to conduct experiments on prisoners which they would not perform on themselves.
The experimenters took no responsibility or even interest in seeing to it that the alleged promises made to the subjects to induce them to “volunteer” were kept. (Tr. p. 6993.) Although Romberg said he had no channel to Himmler, he also admitted he visited Himmler with Rascher in July 1942. (Tr. pp. 7015-6.)
In this connection, we must consider the convenient line of the defense. By limiting the Ruff-Romberg-Rascher experiments to the 10 subjects, we find that they further allege that no deaths occurred in those experiments as opposed to a considerable number of deaths in the Rascher work. But the witness Neff, in describing the first day of the experiments, emphatically stated that the first series of experiments was not carried out on volunteers. Furthermore, the defendant Ruff was also present during these experiments. (Tr. p. 622.) The defendants’ contention that the experiments were in two groups is explicitly denied by Neff. He testified that Romberg not only experimented with Rascher on the original 10 subjects, but also on a large number of other prisoners. The distinction fabricated by the defendants cannot possibly be credited in the light of Neff’s testimony. On being asked the question whether Romberg experimented only on the 10 original subjects, Neff replied:
“Experiments were conducted not only with these ten persons but, for example, in a series of experiments which Romberg also conducted on a large number of other prisoners. The distinction which the defense counsel tries to make between experiments included in the report to the Luftgau or of death—it is impossible for me to make this distinction and to distinguish between those which fell into one category or the other.” (Tr. p. 691.)
Which is to be believed, the testimony of Neff, plus one’s common sense, or the self-serving statements of the defendants? This is a question the Tribunal must answer. There is no such thing as half a murderer. These defendants are responsible for those murders or they are not responsible. There is not one scintilla of evidence to support the ridiculous contention that a group of volunteers, segregated for use by Romberg, wore different colored shirts so he could tell them apart and were treated with the greatest deference. But that is just what Ruff and Romberg ask the Tribunal to find. It is absolutely impossible in the face of the record.
This, alleged disassociation of Ruff and Romberg from the “crimes committed exclusively by Rascher” is in complete contradiction to the acts of these defendants during the experiments, which after all speak much louder than their present testimony. Neff testified that Romberg personally witnessed at least five deaths during the experiments, and that he made no effort to stop them nor did he even protest after the event. (Tr. p. 619.) Romberg admitted seeing three deaths and that he knew that five to ten other murders took place in his absence. (NO-476, Pros. Ex. 40.) The first death Romberg saw, he said, occurred in April. He reported this to Ruff. Yet the experiments were not discontinued. They went on to the end of June and still more deaths occurred which Romberg saw. To say the least of it, these defendants made themselves a party to murder by continuing the experiments. This is true no matter how innocent they may have been up to the first death. They were duty bound to stop the experiments immediately, remove the chamber, and force a court martial of Rascher. They did none of these simple and obvious things. They did not for the very reason that deaths were expected from the very beginning and were a part of the experimental plan. Romberg saw these men die and did absolutely nothing. It was within his power to save them at the time. He said he was operating the electrocardiograph. He knew precisely by their heart action when the subjects were in danger of dying. He also knew this from his knowledge of reaction to high altitudes. He could see and read the pressure gauges. He could have turned the pressure down and saved their lives by simply moving the gauge which was within arm’s reach. He was a bigger man than Rascher. Force could have been used if necessary. Not only did he do nothing while the helpless victims died before his very eyes, but he assisted in the autopsies.
After all these murders had occurred and were known to them, Ruff and Romberg still went on. They issued a joint report on the experiments in the name of Ruff, Romberg, and Rascher in July 1942. (NO-402, Pros. Ex. 66.) They were still collaborating with this admitted murderer and gave him the cover of their scientific reputation. Romberg received a medal for his work in the experiments on the recommendation of Rascher. (1607-A-PS, Pros. Ex. 65.) Romberg was still supporting Rascher in September 1942 and was to have made an oral report to Milch on the experiments with Rascher. He wrote a memorandum on Rascher’s behalf explaining that the report was not given because Milch was unable to receive them at the scheduled time. This same memorandum, signed by Romberg, proves that he was anxious to continue high-altitude experiments with Rascher and asked for Milch’s permission.
He wrote:
“Oberstarzt Kalk stated that he was willing to report to the State Secretary (Milch) our wishes concerning the distribution of the report and the continuation of the experiments. * * * Oberstarzt Kalk had transmitted, still on 11 September, our wishes concerning distribution and confirmation of the experiments to the State Secretary. The State Secretary had approved the distribution schedule, and said that a continuation of the experiment was not urgent.” (NO-224, Pros. Ex. 76.)
In the meantime, the murderous freezing experiments had been started with the Luftwaffe team of Holzloehner, Finke, and Rascher. Ruff, Romberg, and Weltz all heard the report of those experiments in Nuernberg in October 1942. (NO-401, Pros. Ex. 93.) Hippke himself wrote his special thanks to Himmler on 8 October 1942, and said: “When the work will need once more your sympathetic assistance, may I be allowed to get in touch with you again through Stabsarzt Dr. Rascher?” (NO-289, Pros. Ex. 72.)
Analysis of the Experiments
The experiments at Dachau in the field of high-altitude research were conducted to determine human reactions to altitudes above 12,000 meters. The defendant Romberg stated that four series of experiments were conducted (a) slow descent without oxygen, (b) slow descent with oxygen, (c) falling without oxygen, and (d) falling with oxygen. (NO-476, Pros. Ex. 40.) The first two tests were designed to simulate descent with parachute open while the latter two a free fall from an airplane before the parachute opens. As pointed out in Dr. Rascher’s first interim report on the experiments, an additional problem was to be solved, namely, the determination whether the theoretically established norms pertaining to the length of life of human beings breathing air with only a small portion of oxygen and subjected to low pressure correspond with the results obtained by practical experience. This interim report of Rascher’s states as follows:
“2. Experiments testing the length of life of a human being above the normal breathing limits (4, 5, 6 km.) have not been conducted at all, since it has been a foregone conclusion that the human experimental subject (Versuchsperson-VP) would suffer death.”
The experiments conducted by myself and Dr. Romberg proved the following:
“Experiments on parachute jumps proved that the lack of oxygen and the low atmospheric pressure at 12 or 13 km. altitude did not cause death. Altogether 15 extreme experiments of this type were carried out in which none of VP died. Very severe bends together with unconsciousness occurred, but completely normal functions of the senses returned when a height of 7 km. was reached on descent. Electrocardiograms registering during the experiments did show certain irregularities, but by the time the experiments were over the curves had returned to normal and they did not indicate any abnormal changes during the following days. The extent to which deterioration of the organism may occur due to continuously repeated experiments can only be established at the end of the series of experiments. The extreme fatal experiments will be carried out on specially selected VP’s otherwise it would not be possible to exercise the rigid control so extraordinarily important for practical purposes.” [Emphasis supplied.] (1971-A-PS, Pros. Ex. 49.)
Thus, it is clear that the experiments were planned and executed with the intention that some were to terminate fatally. This report covered the period up to the first week in April and mention of deaths and autopsies is made. This quite obviously was the instance when Romberg says he saw his first death and autopsy, although he tends to place the date as the latter part of April. (NO-476, Pros. Ex. 40.) If the experiments had been stopped there the lives of many subjects would have been saved.
The defendants argue that, while the experiments may have killed persons, they did not involve torture and pain. This is on the theory that the subjects lost consciousness before any sensation of pain. This anomalous defense is completely disproved by the photographic exhibits showing the expressions of pain of the subjects. (NO-610, Pros. Ex. 41.) as well as the defendants’ own report on the experiments. (NO-402, Pros. Ex. 66.) The reaction of one subject was described in terms such as “severe altitude sickness, spasmodic convulsions”. In a self-experiment by Romberg and Rascher, the latter’s reactions were described as follows:
“After 10 minutes stay at this altitude, pains began on the right side with a spastic paralytic condition of the right leg which increased continually as though Ra’s [Rascher’s] whole right side were being crushed between two presses. At the same time there were most severe headaches as though the skull were being burst apart. The pains became continually more severe so that at last the discontinuation of the experiment became necessary.” (NO-402, Pros. Ex. 66.)
There is no case on record where an experiment on an inmate was discontinued because of pain.
Ruff and Romberg take the position that they would be most unwilling to kill prisoners in the course of an experiment. They insist that their experiments with Rascher were concerned with the problem of explosive decompression and on parachute descent from high altitudes, whereas Rascher alone worked on sojourn or a more prolonged stay at high altitudes, and that it was in Rascher’s experiments that prisoners were killed. This again is the artificial division of the experiments into the criminal and noncriminal which has already been proved to be spurious. But here again, the two self-experiments which Ruff, Romberg, and Rascher included in their joint final report as mentioned above were experiments on prolonged stay at high altitude, a subject which they now claim was exclusively Rascher’s. The only reason that this experiment did not end fatally was the fact that it was interrupted in time because of intense pain. Moreover, on page 11 of the final report by Ruff, Romberg, and Weltz the following is said: “This is worthy of special attention because in this case a person has fully recovered mentally at an altitude of 8.3 km. (27,230 ft.), after 3 minutes of the most severe lack of oxygen, while in altitude endurance experiments at this altitude severe altitude sickness sets in after about 3 minutes.” [Emphasis supplied.] (NO-402, Pros. Ex. 66.) Here, again, it is proved from their own report that Ruff and Romberg, as well as Rascher, were concerned with sojourn at high altitudes.
Experiments, in which prisoners were killed, are reported in Rascher’s report to Himmler of 11 May 1942. (NO-220, Pros. Ex. 61.) Some prisoners were killed by keeping them at 12,000 meters without oxygen for 30 minutes; one was killed at 20,000 meters when exposed there for about 6 minutes without oxygen. These prisoners were autopsied to ascertain if bubbles of gas, called air embolism in Rascher’s report of 11 May 1942, were present in the blood vessels of the brain and other organs when dissected under water. Some “Jewish professional criminals” who had committed “Rassenschande” (race pollution)[[18]] were killed for another reason:
“To find out whether the severe psychic and physical effects, as mentioned under No. 3, are due to the formation of embolism, the following was done: After relative recuperation from such a parachute descending test had taken place, however before regaining consciousness, some VP’s were kept under water until they died. When the skull and the cavities of the breast and of the abdomen had been opened under water, an enormous amount of air embolism was found in the vessels of the brain, the coronary vessels and the vessels of the liver and the intestines, etc.” (NO-220, Pros. Ex. 61.)
It should be noted that these murders were committed in connection with the parachute descending tests, not prolonged stay at high altitudes, and this was the very subject being studied by Ruff and Romberg. Romberg testified that he was present at the death of three of these prisoners, one in April and two in May 1942, and witnessed an autopsy of one, in which gas bubbles were present in the blood vessels of the brain. He reported these deaths to Ruff. (NO-476, Pros. Ex. 40.) Neff testified Romberg was present in five cases where fatalities occurred (Tr. pp. 619, 692.) and Romberg admitted that he knew that five to ten other experimental subjects were killed while he was not present. (NO-476, Pros. Ex. 40.) Neff stated that Romberg actively participated in the majority of the experiments. He observed the experiments, took notes, and studied the electrocardiogram and thus was able to determine when an experimental subject in the chamber was about to die. (Tr. p. 651.)
It is incredible that Dr. Ruff was not informed regarding the finding of bubbles in the blood vessels of the brain since such observations in human beings who have died following too rapid atmospheric decompression is a very, very unique event, though bubbles had been observed many times prior to 1942 in the blood vessels of laboratory animals. It is inconceivable that Dr. Ruff, or anyone else in the field of aviation medicine, had not heard of the bubble theory of the cause of joint pains, coughing, blindness, or paralysis, or the symptoms of the pressure drop sickness, which may occur on exposure to high altitude, since this theory was well known in literature and text books of aviation medicine available since 1938. How else would Rascher have had occasion to look for the bubbles? He either learned of the theory during a course in aviation medicine or was told about it by Ruff and Romberg, who knew much more than Rascher about aviation medicine.
It is fantastic that Ruff, Romberg, and Rascher did not have in mind the observations of bubbles in the blood vessels of the murdered prisoners, when, in the final joint report of 28 July 1942, they wrote:
“In spite of the relatively large number of experiments, the actual cause of the severe mental disturbances and bodily failures (paralysis, blindness, etc.) attendant upon post-hypoxemic twilight state remains something of a riddle. It appeared often as though the phenomena of pressure drop sickness had combined with the results of severe oxygen lack”. (NO-402, Pros. Ex. 66.)
It has been the theory for some time that the symptoms associated with decompression or pressure-drop sickness may be due to the formation of gas bubbles (air embolism) in the blood vessels of the brain or in the regions of the joints or in the blood vessels of the lungs. When the bubbles collect in the blood vessels of the brain, they are supposed to cause a physical or mental disturbance or paralysis. When the gas bubbles collect in the region of the joints, they are supposed to cause pain in the region of the joints. When the bubbles collect in the blood vessels in the lungs, they are supposed to cause the chokes or attacks of coughing. That has been a theory that has been held for some 15 or 20 years, and an expert in the field of aviation medicine could not have been unaware of it. (Tr. pp. 9098-9.) Since Rascher had observed bubbles as is described in his report of 11 May 1942, and since Ruff and Romberg had complete knowledge of the deaths, obviously these important findings of Rascher on air embolism did not escape the attention of Ruff and Romberg. It can only be concluded that these findings, which resulted from intentioned deaths, form the basis of the paragraph quoted above from the final report. Because of the nature of the subject matter, and a prior knowledge of the observations in the autopsies in the experiments, the ideas expressed in the paragraph quoted above cannot be separated from those in the Rascher report of 11 May. So testified the expert witness Dr. A. C. Ivy. (Tr. p. 9151.) All of this proves again that the testimony of Ruff and Romberg to the effect they had nothing to do with the so-called “Rascher experiments” is completely false. Even though deaths are not specifically mentioned in the joint report of 28 July, it is clear from Dr. Ivy’s testimony that the findings in the death cases form the basis for a part of that report.
Ruff and Romberg would have the Tribunal believe that the experiments were completed and the chamber removed from Dachau by 20 May 1942. Since Romberg knew of and reported on the deaths to Ruff in April, there clearly was no excuse whatever to leave the chamber in Dachau for even another day. But according to their own story, it stayed until 20 May and Romberg saw two more men killed. They attempted to gloss over their criminal participation in these later murders by saying that the chamber could not be moved without orders from the Luftwaffe Medical Inspector. Be that as it may, such a technical violation of moving the chamber without orders is hardly comparable to the crime of leaving the chamber for further experiments by a man whom they admit they knew to have been a murderer. Indeed, any decent superior who was not himself a party to the crime, as they actually were, would undoubtedly have court-martialed Ruff and Romberg for leaving the chamber there, not to speak of Rascher.
But it is not true that the chamber left Dachau on 20 May 1942 as they perjuriously stated. They seized upon this date from Milch’s letter to Wolff stating that the chamber was needed elsewhere. (343-A-PS, Pros. Ex. 62.) There clearly was an intention to transfer the chamber, but it was not in fact moved and this was undoubtedly due to the joint efforts of Ruff, Romberg, and Rascher. Romberg was anxious to continue his criminal work with Rascher in September 1942 as has been pointed out above. In any event, on 4 June 1942, Milch authorized retention of the chamber in Dachau for two more months. (NO-261, Pros. Ex. 63.) On 25 June this order was passed on to Rascher by Heckenstaller, adjutant to Wolff, reference being made to a letter of 5 June from Rascher. (NO-284, Pros. Ex. 64.) These documents prove beyond doubt that the chamber remained in Dachau until July 1942.
The testimony of Neff not only proves that the experiments continued until July 1942 but also that Romberg was presented with a remarkable opportunity to discontinue the experiments without any trouble whatever. Neff stated that Romberg told him in the latter part of May that the chamber was to be transferred (undoubtedly as a result of Milch’s letter of 20 May which was later countermanded) and, under the impression that Romberg might not be in favor of any continuation of the experiments, he sabotaged the chamber by breaking a glass barometer in order to make sure the chamber would be sent away. Instead of seizing this opportunity for stopping the experiments by removing the damaged chamber, Romberg rushed to Berlin, obtained spare parts, and in a matter of 2 weeks had the chamber functioning again for more murderous experiments. (Tr. pp. 623-4.) The chamber was used for another 3 weeks after it was repaired and five persons were killed on the last day of the experiments. (Tr. p. 624.) Although the defense attacked Neff on cross-examination concerning the sabotage of the chamber (Tr. p. 663), by the time Romberg took the stand they admitted the chamber was damaged but moved the whole incident to the month of May instead of June. (Tr. p. 6905.) This was obviously done on the theory that the Tribunal could be deceived into believing that very few experiments could have been conducted in May since they contend the chamber was moved on 20 May. But the documents and Neff’s testimony clearly established that the chamber was there until July. Moreover, it matters little whether the chamber was damaged in May or June. Romberg in no event took the opportunity to stop the experiments on the ground of unavailable spare parts, although this opportunity would not have been needed if he really wanted to discontinue them. He need have done nothing more complex than to have sent the chamber away or left himself.
Ruff’s and Romberg’s guilt is beyond doubt when we consider that they did not take the opportunity to withdraw after the first death of an experimental subject in April 1942. Romberg admitted his presence at the death of this first subject. (Tr. p. 6924.) He was studying the electrocardiogram at the time of the experiments (NO-476, Pros. Ex. 40), but he would have the Tribunal find that he was an innocent bystander who was privileged to do nothing. This was just another “SS experiment” according to Romberg. But Romberg admitted that he was working the electrocardiogram and was studying the point of light that follows the heart. When he saw that the critical point had been reached, he said he spoke to Rascher (Tr. p. 6927), but to no avail as Rascher continued the experiment until death resulted. This testimony of assumed impotence when a man was slowly killed before his eyes is an insult to one’s intelligence. Romberg was the senior scientist and was fully aware of the fact that the danger zone had been reached as he was thoroughly familiar with the equipment being used. He has outlined for the Tribunal the proximity of the electrocardiogram to the controls of the chamber (Tr. p. 6929), and it is inconceivable that Romberg could not have taken the necessary action to have spared this experimental subject’s life if he had so desired. The inescapable fact is that these deaths were part of the plan and Romberg not only had no desire to interfere but was very much interested in the cause of death through air embolism.
Assuming that Romberg was opposed to this fatal experiment, it is impossible to understand why he did not take the appropriate action to have Rascher prosecuted for this premeditated murder. The fact of the matter is that Romberg merely reported this death to Ruff (Tr. p. 6932), and no appropriate action was taken by Ruff either. Although alleging an objection to this fatality, Romberg admits participation in the autopsy of the unfortunate victim. This autopsy clearly bore out the fact that air embolism was the cause of death. When asked if he participated in this autopsy, Romberg answered, “Yes, I watched one autopsy. That was my duty.” (Tr. p. 6924.) Romberg testified that he saw two other deaths and that air embolism also caused those. (Tr. pp. 6925-6.)
Ruff and Romberg lay great stress on the point that deaths are not mentioned in the joint report of 28 July 1942 of Romberg, Ruff, and Rascher. This, of course, is a very understandable omission, but it in no way proves that they are not responsible for those murders. Indeed, the joint report of 28 July 1942 (NO-402, Pros. Ex. 66) is identical with Rascher’s report of 11 May 1942 (NO-220, Pros. Ex. 61) except for the specific mentioning of the deaths. For example, paragraph 3 of the Rascher report is a summary of part III-1, pages 3 to 18, and part III-2, pages 18 to 19 of the joint final report. Paragraph 4 of Rascher’s report contains results set out in part III-4, pages 21 to 22, of the joint final report. Paragraph 5 of Rascher’s report is identical with part III-3, pages 19 to 21, of the joint final report. Paragraph 6 of the Rascher report where the pervitin experiments are mentioned is alluded to in the pervitin data in the joint final report on page 18. Paragraph 7 of the Rascher report contains the conclusions incorporated in the joint final report and gives details on the gas bubble data which are referred to on pages 16 to 18 of the joint final report, but from which is omitted reference to the autopsy results of the murdered prisoners. These various passages were compared by the witness Ivy and he concluded that they refer to the same subject matter. (Tr. p. 9097.)
Ruff attempts to explain the omission of mention of deaths in the final report on the ground that the deaths did not occur as a result of their experiments on rescue from high altitudes (i. e., parachute descending tests), but rather in Rascher’s own experiments with which they had nothing to do (i. e., prolonged stay at high altitudes). (Tr. p. 6592.) It has already been proved that the basic premise to this spurious argument is completely false, since Ruff and Romberg themselves were not interested in sojourn at high altitudes. The self-experiments of Romberg and Rascher were just such tests and they are specifically mentioned in the final report. These involved a stay of 30 to 40 minutes at altitudes between 12 and 13.5 kilometers (39,400 to 44,290 feet). But so also is the minor premise wrong. Deaths were deliberately brought about in the course of the parachute descending tests. In these tests it had been noted that the subjects suffered from spasmodic and clonic convulsions together with paralysis. This is reported in paragraph 3 of Rascher’s memorandum of 11 May 1942 on the experiments and also on pages 13 through 18 of the final report. In his memorandum, Rascher stated:
“To find out whether the severe psychic and physical effects, as mentioned under No. 3, are due to the formation of embolism, the following was done: After relative recuperation from such a parachute descending test had taken place, however before regaining consciousness, some VP’s were kept under water until they died. When the skull and the cavities of the breast and of the abdomen had been opened under water, an enormous amount of air embolism was found in the vessels of the brain, the coronary vessels, and the vessels of the liver and the intestines, etc.” [Emphasis supplied.] (NO-220, Pros. Ex. 61.)
This proves beyond any doubt that murders were committed in the parachute descending tests of Ruff, Romberg, and Rascher. Ruff again tried to deceive the Tribunal by testifying that it was substantially impossible for air embolism to form in parachute descending tests. This is obviously disproved by the statement of Rascher quoted above and by the reference in the final report, already mentioned above, which alludes to this same problem. But the lie was also squarely nailed by the expert witness Ivy, who testified that it was possible for air embolism to form in subjects who were at altitudes above 12,000 meters (39,400 feet) only 3 minutes, that is to say, subjects who bailed out at 15,000 meters. Bubbles may form as low as 30,000 feet. (Tr. p. 9102.) Thus, the defense that no deaths occurred during the experiments concerning rescue from high altitudes is completely spurious.
Moreover, it should be noted that while the joint final report does not describe any of the death cases, it also does not deny that deaths occurred. On page 25 of the original, it says: “In conclusion, we must make it particularly clear that, in view of the extreme experimental conditions in this whole experimental series, no fatality and no lasting injury due to oxygen lack occurred.” (NO-402, Pros. Ex. 66.) The deaths described in Rascher’s report quoted above were not due to lack of oxygen but were deliberate killings to investigate air embolism.
But even the experiments which Ruff, Romberg, and Weltz admit were planned and performed under their responsibility were highly dangerous to the life and health of the subjects. Both Ruff and Romberg agreed that 12,000 meters was the upper limit of safety and that experiments of the type they performed above that altitude were hazardous. The description of the reaction of the subjects as set forth in the final report proves that the subject suffered severe convulsions and prolonged periods of disorientation. The expert witness Ivy pointed out that the experiments described in the final report of Ruff, Romberg, and Weltz were highly dangerous for the following reasons:
“I consider them to be dangerous because of the prolonged period of unconsciousness to which the subjects were exposed. For example, they were unconscious for periods of around twenty minutes, and they were disoriented for periods of around thirty to ninety minutes. That is a dangerous period of oxygen lack to which to expose the brain. I agree that * * * the electrocardiogram demonstrates that the heart of these subjects was not momentarily affected or significantly affected by this prolonged exposure to oxygen lack. But these experiments do not show, or the results do not show that the cells of the brain were not injured. One of the higher faculties of the brain is learning, and we know that the learning process is rather sensitive to oxygen lack, and the only way to check against the possibility of damage of the learning mechanism by prolonged exposure to oxygen lack would have been to have determined the I. Q. of these subjects or the ability of these subjects to learn before and after the subjects were exposed to such a prolonged period of oxygen lack.” (Tr. p. 9036.)
Dr. Ivy testified that the experiments described in the final report had reached the physiological limit and that work was being done in a very dangerous and hazardous zone as far as the welfare of the experimental subjects was concerned. He said that he should be reluctant to perform such experiments even on himself and that he would prefer to depend upon that degree of accuracy which could be obtained from calculations of the results of animal experiments. (Tr. pp. 9081, 9112, and 9197.)
Finally it should be noted that the experiments were neither necessary nor a scientific success. “Necessity of the State” has been much used by the defendants as if it were a defense. This is clearly unfounded even though necessity, military or otherwise, be assumed. It is to be supposed that each defendant thought there was some necessity to what he was doing. This is no defense. Rascher thought the same thing. It was deemed necessary to incarcerate hundreds of thousands of persons in concentration camps. It was deemed necessary to murder millions of Jews. The slave labor policy was bottomed on necessity. If that is a defense, then these trials lose all meaning. But, on the other hand if it is proved that these experiments were not necessary, not of scientific value, then it makes the guilty even more guilty. The brutal sacrifice of human life was to no avail. And such was the case here. Hippke, Chief of the Medical Service of the Luftwaffe, when writing his thanks to Himmler on 8 October 1942 said the following:
“It is true that no conclusions as to the practice of parachuting can be drawn for the time being, as a very important factor, namely, cold has so far not yet been taken into consideration; it places an extraordinary excess burden on the entire body and its vital movements, so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments.” (NO-289, Pros. Ex. 72.)
When asked his opinion concerning the necessity for the typical experiment described on page 13 of the final report of Ruff, Romberg, and Rascher, the witness Ivy testified:
“I do not believe that it was necessary to do this experiment in order to determine the equipment to supply aviators who have to bail out of an airplane at high altitude.” (Tr. p. 9035.)
The witness Ivy stated further that the information which was obtained by these experiments on concentration camp inmates could have been obtained from animals as indicated by the results of Lutz’ and Wendt’s animal work referred to in the final report. The differences in the reactions of human subjects and animals, as reported by Lutz and Wendt, were not sufficient to warrant the carrying out of these hazardous experiments on human beings. (Tr. p. 9036.)
c. Selections From the Argumentation of the Defense
EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT RUFF[[19]]
Certainly Dr. Ruff gave his agreement and approval to high-altitude tests with a low-pressure chamber of the Reich Air Ministry being performed by his collaborator of many years, Dr. Romberg, together with Stabsarzt Dr. Rascher, in a concentration camp, using concentration camp inmates as experimental subjects. He agreed after the performance of urgent experiments in the Dachau concentration camp had already been agreed upon in principle and approved by Professor Dr. Hippke and Professor Dr. Weltz.
Therefore, the question arises whether these high-altitude experiments were already illegal for the reason that they were performed on concentration camp inmates.
This question must be denied for only such inmates were used for the experiments as had volunteered for them, or who at least were regarded by Ruff as volunteers and could be regarded as such in view of the whole situation, and no one could reproach him for having erred in this respect because other persons had perhaps deceived him about these facts.
There are, however, some witnesses who apparently maintain that the prisoners used in the Ruff-Romberg experiments were not volunteers. Above all the witnesses Vieweg and Neff are of this opinion.
During his direct examination on 13 December 1946 the witness Vieweg mentioned a series of various experiments which were performed at the Dachau concentration camp. Referring in particular to the high-altitude experiments there, which alone can be considered in the indictment against Dr. Ruff, he states firstly that high-altitude experiments with the low-pressure chamber were performed on 10 patients; “for these experiments frequently patients and also male nurses were used who during the experiments were seen in the corridor of the adjacent hospital ward.”
By this Vieweg apparently wanted to point out that these “patients” and “also the nurses” were not volunteers. These 10 “official experimental subjects” had been well fed and supplied with smokes, but in addition to these 10 so-called “exhibition patients”, a large number of people had been selected from the camp who were again and again sent to the high-altitude experiment institute. That happened to a block leader who probably had pneumonia a few hours later and ended in the sick bay mortuary. The same happened in the malaria department of the witness Vieweg. One day a patient who had some differences with Zill, the leader of the camp, concerning protective custody, was sent to the experimental institute, and he (Vieweg) found him in the mortuary the next day. He (Vieweg) knows by hearsay that, “a great number of patients who took part in these experiments died, and ended up in the sick bay mortuary.” (German Tr. p. 476.)
Between the lines of this rather obscure and vague statement one may read that, according to Vieweg’s statement, these further experimental subjects, and especially those who had died during the experiments, did not belong to the 10 “official experimental subjects” and had not been volunteers. However, in the direct examination by the prosecution the witness Vieweg did not express himself explicitly about this alleged compulsion of the so-called experimental subjects.
During the cross-examination by the defense counsel of Dr. Romberg, the witness Vieweg explained his expression, the “10 exhibition patients”. (German Tr. p. 485.) The 10 selected patients who were used for the high-altitude tests had been accommodated in a special room and had been well nourished; they had been exhibited, and they had been presented to Himmler during one of his visits. Himmler made them big promises; if they survived, they would be set free * * * these 10 patients had been drawn into the experiments * * * they had told him (Vieweg) that they were very exhausted by the whole affair, but as far as he could remember “they all survived” (German Tr. pp. 486, 489). On being questioned the witness Vieweg repeatedly stated (German Tr. pp. 486, 487, 489), that as far as he could remember Dr. Rascher had carried out the experiments himself. The only thing Vieweg could state about participation of “Luftwaffe officers” in these high-altitude experiments, was that some Luftwaffe officers “had also been there”. But he could not say anything about the actual participation of the Luftwaffe officers. From the description on page 501 (German Transcript) these two gentlemen of the Luftwaffe certainly were not identical with Buff and Romberg. He himself (Vieweg) had only talked with these 10 official experimental subjects, the so-called “exhibition patients”, but not with any of the other experimental subjects. He himself had never observed that these other prisoners were used for high-altitude tests, but he had been told about it frequently. Vieweg repeatedly stated that the 10 official experimental subjects had still been alive at the end of the experiments (German Tr. p. 489), that no deaths had occurred among them.
So much for the statement of the witness Vieweg. It is, of course, unreliable because it does not establish a clear distinction between the high-altitude experiments authorized by Ruff and carried out with the cooperation of Dr. Romberg, and other experiments in the low-pressure chamber which Rascher undertook by order of Himmler, without the authorization or previous knowledge of Dr. Ruff and without the cooperation of Dr. Romberg. This distinction, which is of decisive importance in judging this case, only appears in Vieweg’s statement insofar as the 10 official experimental subjects (the so-called “exhibition patients”) were exclusively used for the first experiments (Ruff-Romberg-Rascher), whereas other prisoners were used for the other experiments (by Rascher alone). Of course, the significance of this distinction was not clear to Vieweg at that time and could not be observed by him because Vieweg did not know anything at all about Dr. Ruff’s activity and since he did not know anything at all about the agreements which had been reached between Dr. Ruff and Dr. Rascher.
Apart from these obscurities one has to regard the statement of the witness Vieweg with the greatest reserve for another reason. Vieweg is the witness who, with unusual unscrupulousness, committed plain perjury in the sessions of 13 and 16 December 1946. He tried first (German Tr. p. 474) to give the impression that he had been sent to the concentration camp without any reason, that he had been committed for “political protective security”. This representation of the witness Vieweg is completely in accordance with his previous behavior, because formerly he had generally pretended to be politically persecuted—an innocent man who had been thrown into a concentration camp without ever having learned the reason. Under this false pretense he offered himself as witness for this trial, and because of this misrepresentation he was presented as a witness by the prosecution whom he had deceived. However, during cross-examination, Vieweg had to admit that in 1934 he was sentenced to 4 and to 6 years’ penal servitude for forgery of documents and fraud, that is to say for common crimes which, as a rule, have nothing to do with politics. On repeated questioning the witness Vieweg stated again and again (German Tr. pp. 483 ff.) that he could not remember having received any other previous conviction in addition to those 4 and 6 years’ penal servitude. He insisted on this statement, even though he had been repeatedly reminded that he was under oath. His stereotype phrase was, he could not remember; he even emphasized that he had deposed to this or that under oath (German Tr. p. 484), and he continued to insist on his statement, even though he was told that his previous convictions could be determined without difficulty since his files had been sent for.
Now, let us compare the testimony given under oath with the list of convictions of the witness Vieweg, which was submitted as Document Ruff 24.
Besides the 4 and 6 years of penal servitude which he admitted, the witness Vieweg received in reality not less than 6 prison terms prior to 1934, among them 5 years’ penal servitude and 5 years’ loss of civil rights for repeated grave thefts.
This extract from the penal register shows why the witness Vieweg had such a “bad memory”. He never was politically persecuted, as he pretended to be, but he is the type of incorrigible professional criminal who could not be changed or educated even by the most severe penalty. If anybody deserved to be sent to a concentration camp it was this Vieweg. But even the 5 years he spent in the concentration camp did not help. For now he is again in prison, in Bamberg, where charges were brought against him on 5 March 1947 at the District Court for forgery of documents and fraud, as well as for five cases of repeated theft, for attempted abortion, for active bribery, and for black market dealings.
This incorrigible professional criminal allowed himself to be presented here as a star witness for the prosecution against an honorable, blameless citizen, as which Dr. Ruff emerged in the course of this trial. Can the Court base its verdict on the statements of a person like Vieweg, who on top of everything shamelessly lied to the Tribunal and committed the worst possible perjury.
The other witness presented by the prosecution for the Dachau experiments is Walter Neff.[[20]] He is at present in the Dachau camp for war criminals and will soon have to stand trial himself before the American Tribunal, for experiments in which he took an active part. This witness Neff, who not only continuously participated in the successful experiments of Dr. Romberg, but also in the inhuman freezing experiments, in the deadly “severe experiments” of Rascher, and who cooperated in many other cruelties, is, I think the last who should appear as a witness against a man like Dr. Ruff, or condemn him.
Let us recall what this witness said about himself at the close of his testimony. According to his own admission, he produced three prisoners (a certain Robert Wagner, a prisoner named Hutterer, and a man named Sammendinger) for deadly experiments, on his own initiative without being ordered to do so. According to his own testimony, he delivered these three people over to a violent death; he murdered them. It is characteristic of his ethics that he even boasted of this act here in the courtroom! (German Tr. pp. 737-739.) That does not trouble his conscience, as he himself declared under oath (German Tr. p. 737); he is just the type of those inmates who, to quote his own words “were often worse than the SS in their cruelty and brutality”. (German Tr. p. 737.) That is the second witness who was presented against Dr. Ruff by the prosecution. The one, an unscrupulous swindler, an incorrigible habitual criminal, an old jailbird; and the other a murderer many times over whose hands are stained with much blood—a murderer who boasts that he has no conscience. Is the Court to lend credence to such people? These witnesses quite obviously believed they would be able to elude the hangman’s noose by saddling other defendants with untrue, fabricated statements.
All those facts are a warning that Neff’s testimony, too, must be regarded with considerable caution. At any rate, his testimony has a certain importance for Dr. Ruff inasmuch as Neff (German Tr. p. 652) confirms that Dr. Ruff was in Dachau only on one single occasion during the high-altitude experiments. Thus the truth of Dr. Ruff’s own testimony has been established. Furthermore, the witness Neff, states in his testimony of 17 December 1946 that “10 prisoners, designated as permanent experimental subjects, were taken to the station and told that nothing would happen to them; they were especially assured of this”. (German Tr. p. 711.) The witness Neff then told of the killing of the 16 Russians who were sentenced to death and who were murdered by Dr. Rascher. However, according to Dr. Neff, this act was carried out by Dr. Rascher together with the two members of the SS, while Dr. Romberg was not even present on that day. (German Tr. pp. 654, 656.) Special importance must be attached to the witness Neff’s further assertion regarding a Jewish tailor who worked in the sick bay. Neff called Dr. Romberg’s attention to the fact that this man was not sentenced to death, and Romberg thereupon immediately went to Rascher with Neff in order “to set matters straight”. Upon intervention by Dr. Romberg, Rascher then actually sent the tailor back; when the accompanying SS man again threatened the Jew, Rascher again intervened and “immediately had the man (the tailor) brought to safety in the bunker”. (German Tr. p. 655.) Again, in the case of a second inmate, a Czech, who wrongly and without his consent had been brought in for the experiments, Dr. Romberg, according to Neff’s report, intervened on behalf of the prisoner, with the result that Dr. Rascher entered a complaint against the criminal SS man with the camp commander, Piorkowski. Thereupon, the SS man was immediately transferred to Lublin. In that way the Czech was saved from certain death by Dr. Romberg.
This testimony of the witness Neff plays an important part in answering the question whether or not the experimental subjects used were volunteers, and also, what Dr. Romberg, and therefore Dr. Ruff, knew about them and what Dr. Romberg’s attitude was toward this question. In this connection, Neff said: “Romberg, Ruff’s deputy, therefore, did not want any dangerous experiments. He tolerated no murder and considered only experiments with volunteers.”
However, the further assertions of the witness Neff suffer from the same shortcomings as those of the witness Vieweg; for Neff also did not know that only part of the high-altitude experiments in Dachau were carried out with the approval of Dr. Ruff and Dr. Romberg; nor did Neff have any knowledge of the agreements made by the participating physicians, and he therefore treated all high-altitude experiments equally, without distinguishing whether or not Dr. Ruff had agreed to them that there “were 180 to 200 inmates who participated in high-altitude experiments” (German Tr. p. 656) and that “during the altitude flight experiments, 70 to 80 people lost their lives.” These figures may be correct, but they refer to the whole of the Dachau low-pressure chamber experiments; that is, they also include the experiments which Dr. Rascher made on his own authority, without the prior knowledge of Dr. Ruff, and in which alone all the fatalities occurred; while in the legitimate experiments—that is, those approved by Dr. Ruff—no fatality occurred at all. Of course, Neff could not know all this. As he said himself it was impossible for him to distinguish “from whom the order came for the individual experiment, and in whose interest the experiment was made.” (German Tr. p. 715.)
The same shortcoming is demonstrated by Neff’s testimony with regard to the nationality of the experimental subjects (German Tr. pp. 656, 657) and the manner of their “selection”. However, Neff’s testimony does show that the selection of the experimental subjects was carried out in two different ways: For the “dangerous experiments” Rascher ordered the subjects through the local headquarters, and they were produced by the SS; they were therefore people condemned to death (German Tr. p. 663), for the “serial experiments”. On the other hand, and “for most of the other experiments which took place, the people were brought to the experimental station from the blocks, that is, from the camp” (German Tr. p. 657) by the block leaders. (German Tr. p. 663.) These “serial experiments” were obviously the experiments approved by Ruff, and Neff expressly establishes that “volunteers reported for these experiments”! (German Tr. pp. 657, 712.) He even gives the reasons why the prisoners volunteered: As Rascher, and Himmler too, had promised various inmates that, “if they, participated in the experiments, they would be given a better labor assignment”, and as Himmler promised that they might even be released, volunteers reported to Rascher on their own initiative as he went through the camp, without any special efforts being necessary to find volunteers (German Tr. p. 657).
There can be no doubt that these volunteers, estimated by Neff to number about 10, are identical with the 10 “official experimental subjects” or “exhibition patients” mentioned already by the witness Vieweg, and it is noteworthy that Dr. Ruff, too, in his testimony always spoke of 10 or 12, or at the most 15 persons from the very beginning (of course he did not count them himself), who were regularly called in for the high-altitude experiments, and whom he saw himself when he was once present to observe and check the experiments in Dachau. This number Dr. Ruff had mentioned at a time when Neff’s and Vieweg’s testimony was not yet available. He therefore could not have anticipated that these witnesses would confirm his figures as correct.
To be sure, the witness Neff testified in another place (German Tr. p. 666) that the first 10 experimental subjects were not volunteers. But this statement is obviously in direct contradiction to his other testimony which, in the last analysis implied—and could not be interpreted otherwise—that the so-called “10 official experimental subjects” were those prisoners who had voluntarily offered themselves, who were given all possible privileges in return, who were promised rewards for their service by Rascher as well as by Himmler, and who were repeatedly reassured that nothing would happen to them during the experiments. This whole presentation would be incomprehensible if one were to assume that these 10 persons were involuntary subjects as well, that they were simply ordered to take part in the experiments, forced to participate, for them all this would not have been necessary at all, since at that time nobody in a concentration camp would have thought of troubling himself about these people, if they had been forced against their will to take part in the experiments.
In a concentration camp, according to the opinion of Himmler and his men, 1,000 people were of no consequence. Therefore, if efforts were made to obtain these inmates for the experiments, and to get them willingly, if even a Himmler found kind words to say to them and promised them rewards, then as we know today, this can only be explained by the assumption that even in concentration camps, for some reason, it was desirable to obtain voluntary subjects for the experiments and to induce them to go through the experiments voluntarily. This assumption is not refuted by the contrary assertion of Neff (German Tr. p. 666). For 1½ days, during his examination on 17 and 18 December 1947, Neff did not know that these first 10 experimental subjects had not been volunteers. For 1½ days he did not dare to make such an assertion here in the witness box, and only during the cross-examination did he finally go so far as to make this assertion, thereby completely overthrowing his previous statements.
This allegation of the multiple murderer Neff now stands, however, completely isolated. There can be no doubt that, if these statements by Neff were true, it would have been easy for the office of the public prosecutor to produce numerous other witnesses who, likewise, had been inmates of the concentration camp at Dachau, who had perhaps experienced these experiments themselves, or who had spoken to subjects of these experiments or had even observed the experiments. However, not a single outsider, not a single incontestable witness has been produced, although half a year has elapsed since the days when, here in the courtroom, one could not fail to realize to what an unreliable and untrustworthy class persons of the caliber of Vieweg and Neff belong. This fact very strongly indicates that obviously no other witnesses are available, or could be made available, who could confirm that the experimental subjects who were used in the Ruff-Romberg altitude tests were not volunteers. Let the fact be mentioned here, for the sake of comparison, that in the case of the Gebhardt sulfanilamide operations for example, half a dozen incriminating witnesses were brought from Poland and Russia and were interrogated here as witnesses. Why was not a single trustworthy witness produced from among the Dachau experimental subjects and placed in the witness box? Because no one could be found, who could confirm the untrue allegations of a Vieweg and a Neff. On the other hand, during the trial, a whole series of persons who deserve a great deal more belief than Vieweg and Neff affirmed with certainty that all the experimental subjects in the Ruff-Romberg experiments were volunteers, and that from the very beginning the indispensable condition which was demanded and assured was that the subjects would be voluntary.
The witness Dr. Lutz for example, who was introduced by the office of the public prosecutor and therefore recognized by it as a credible witness, confirmed here on oath, “it was a tacit assumption that the criminals would volunteer”; and he added that he could almost say that, in a way, a favor was being conferred upon the criminals, because “they were given a chance of pardon by participating in the experiments,” and it is significant that this witness deposed further: “subsequently, we were very much surprised when, probably during the later stages of the experiments, as far as I recall now, no further mention was made of it,” namely, of the fact that only volunteers were to be used for the altitude experiments (German Tr. p. 320).
These depositions by the witness Dr. Lutz conform in every respect with the general impression received from all the pertinent descriptions. At first, only the altitude experiments approved by Dr. Ruff regarding the problem of “rescue from high altitudes” were carried out. These experiments were not dangerous as proved by their successful outcome; the inmates volunteered for them. Gradually, however, Rascher misused more and more the presence of the chamber in order to conduct his arbitrary experiments on Himmler’s orders for entirely different problems, namely, to conduct his notorious “difficult experiments” which had numerous fatal results. These were Rascher’s more cruel, painful experiments; naturally, no more volunteers reported for these because word was passed quickly through the camp that the experiments which Rascher himself conducted were dangerous, while the mere presence and cooperation of Dr. Romberg gave assurance to the inmates that his experiments were conscientiously conducted and were not dangerous.
Other witnesses also, not named by Dr. Ruff, have confirmed that the experimental subjects for the Ruff-Romberg high-altitude experiments were voluntary, namely, the witness Dr. Hielscher (German Tr. pp. 6025-26, 6041, 6062). Testimony on similar lines is given by the codefendant Sievers (German Tr. pp. 5471, 5881); and Dr. Hippke (German Tr. p. 793) “Prisoners who might volunteer”; (German Tr. p. 795) “these persons had to volunteer for the experiments.” Also the witness Karl Wolff, (Ruff 21, Ruff Ex. 20) “volunteer concentration camp inmates who were to be given compensatory privileges * * * the inmates, about 10 in number, appeared quite relaxed and, in their turn, willingly entered the low-pressure chamber which had been driven up * * * the inmates reported to Himmler, in my presence, that in this manner they could at least voluntarily * * * give a proof of their genuine good will * * * I never learned through Himmler, nor, as far as I remember, by any other means that later low-pressure chamber experiments * * * took place on a nonvoluntary basis * * * I only knew about voluntarily low-pressure chamber experiments and these were made, without doubt, on a voluntary basis.” Finally, the witness Herbert Wilschewske (Ruff 11, Ruff Ex. 9).
While the previous witness Wolff was only present for 1 day during the experiments, the witness Wilschewske, during the 2 years he spent in the concentration camp, spoke repeatedly to inmates who “had volunteered for the medical experiments”, and who, by reason of his repeated conversations with the prisoners, could give the following as reason for the willingness to volunteer for experiments “they could earn thereby their own liberty and rehabilitation as well as privileges for their family.” The witness Wilschewske is certainly an absolutely reliable witness with regard to his statements. He is a Polish Communist, served 2 years in Dachau concentration camp for this, and was proved to be only a political prisoner.
If one considers all these statements by witnesses, which certify that the experimental subjects in the Dachau high-altitude experiments of Drs. Ruff and Romberg were volunteers, it cannot be doubted that the concordant statements by Dr. Ruff, Dr. Romberg, and Dr. Weltz were absolutely true. They are defendants, it is true; but from all sides testimony is given of their irreproachable professional integrity. Although they are now sitting in the dock, their precise and clear statements deserve far more belief than the changing and contradictory statements of a habitual criminal who has committed downright perjury in this Court, or of a murderer who is actually more deserving of a place in this dock than these defendants are.
The correctness of this conception is confirmed again on the one hand by the fact—already mentioned in another connection—that Dr. Romberg, as has been proved repeatedly, actively intervened and prevented the use of experimental subjects for experiments by Rascher when he could see that nonvoluntary experimental subjects were to be used, and on the other hand, it was known that in the high-altitude experiments which Dr. Ruff had carried out with Dr. Romberg only voluntary experimental subjects could be used, and only with voluntary experimental subjects could the experiments succeed. The whole idea of this type of high-altitude experiment (the Ruff-Romberg method) was based on the theory that the experimental subject, immediately on recovering from the state of unconsciousness—the “high-altitude malady”—reaches up with his arm and pulls down the handle of the parachute, which in practice reduces the speed of the fall, insuring the flier of a smooth landing on the ground. All this necessitated active cooperation on the part of the experimental subject; one was absolutely dependent on his cooperation, otherwise each of these experiments would have been useless right from the start. Naturally, Dr. Ruff knew this, as did Dr. Romberg, and therefore for them the first and most important condition for each experiment of this type was that the experimental subject should be voluntary (see Ruff’s statement in German Tr. pp. 6638-40). There are therefore also important inherent reasons why the statements by Ruff and Romberg are correct.
Actually the high-altitude experiments carried out in Dachau were successful. They were of considerable help in clarifying the problem of “rescue from great heights”, and this was only possible when the experimental subjects themselves cooperated when they took part in the experiments voluntarily and took an interest in them. This was, by the way, also the reason why this type of high-altitude experiment could not be made with animals as experimental subjects, a fact which, for example, Ruff and Romberg pointed out in their summary report of 28 July 1942. (NO-402, Pros. Ex. 66.)
I come, therefore, to the following conclusion: There can be no doubt that the experimental subjects for the Dachau high-altitude experiments were volunteers, at least as far as the experiments authorized by Ruff are concerned. Whether volunteers reported for the special experiments continued by Dr. Rascher or whether the prisoners were forced into the experiments by Dr. Rascher does not need to be examined, because Ruff and Romberg did not participate in those experiments in any way. But even if any doubt as to their being volunteers were possible, it cannot be denied that Ruff and Romberg were firmly convinced that all their experimental subjects actually were volunteers. This was stipulated from the very beginning, and in all the discussions of Dr. Ruff with Hippke, Weltz, and the representative of the SS, Ruff was consequently convinced that only volunteers were actually concerned.
Dr. Ruff’s conviction was strengthened through personal conversation with various prisoners on that day on which he himself went to Dachau to control the execution of the experiments and to ascertain that everything was carried out in a completely orderly manner. And finally in this connection it cannot be overlooked that Dr. Ruff, as he has stated under oath and as is confirmed by numerous affidavits, had never at any other time in his life worked with nonvoluntary experimental subjects. Just because he considered it indispensable for the success of the experiments that the experimental subjects were volunteers, that they themselves cooperate, Dr. Ruff never thought that the Dachau prisoners were not fully and completely in agreement with the experiments.
It is obvious that the voluntary character of these experimental subjects, whether an actual fact or whether Dr. Ruff deluded himself into believing that this was the case, does not in itself relieve him of all responsibility. On the contrary, Dr. Ruff himself is of the opinion that, besides voluntariness, several other conditions would have to be fulfilled before the experiments and the way in which they were performed could be considered lawful:
1. The experiment would have to be necessary, particularly necessary in the interests of aviation and thus essential to the fatherland’s war effort. This condition is obviously fulfilled. This is confirmed above all by the statement of the witness Dr. Hippke who stated that it was Dr. Ruff’s duty to work on the research tasks assigned to him by the Medical Inspectorate of the Luftwaffe and to submit reports on them to the Medical Inspectorate.
The experiments carried out by Ruff were necessary, for “high-altitude experiments in particular have been undertaken intensively in America, too, because the question of pressure drop [Drucksturz] and the cabin development is of particular importance.” (Ruff 23, Ruff Ex. 22.) Dr. Hippke developed this point of view not only during the trial but stated it very clearly in his letter to Himmler, dated as early as 8 October 1942 (NO-289, Pros. Ex. 72), where he writes: “These-experiments represent a very valuable and important supplement. The fact that such an extreme deficiency of oxygen can be endured at all for some time is very encouraging for further research.” Dr. Hippke’s opinion about the necessity of the high-altitude experiments is therefore extremely important because Hippke was the highest official expert in that field in Germany at that time.
But most of all, the absolute necessity of Ruff’s experiments is acknowledged by all experts who testified in this trial in connection with these problems. I recall, for example, the statements of the witness Dr. Scheiber that “at a later judgment of Dr. Ruff’s scientific work, his name will be remembered together with the names of all of those well-known scientific research workers who, by personal, devoted, and heroic effort, rendered immeasurable service to the advance of science and therewith to the welfare of humanity.” Professor Dr. Strughold expresses himself in a similar way in his affidavit. He was chief of a German institute for aviation medicine for several years and writes concerning Dr. Ruff that “he (Ruff) can be considered as a man who surpasses by far many academically proficient and recognized scientists as far as scientific experience and scientific success is concerned.” Of particular importance, however, seems to be the opinion of Dr. Grauer, who is at present in America as a research worker and experimenter in matters of aviation medicine.
According to the opinion of the Air Force General, Adolf Galland, and the statements of all the other experts, it is an established fact that the Dachau experiments of Dr. Ruff and Dr. Romberg were absolutely necessary.
This necessity does not cease to exist because the people concerned realized that with this first series of experiments, carried out in Dachau in the spring of 1942, the problem in question (rescue from high altitudes) was not yet entirely solved. Ruff and Romberg pointed out in their final report of 28 July 1942, that the “danger of freezing has to be considered.” On the basis of this final report the medical inspector, Dr. Hippke, later pointed out in his letter to Himmler of 10 October 1942 (NO-289, Pros. Ex. 72) that in the Dachau high-altitude experiments of Ruff and Romberg of spring 1942, “a very important factor was not yet taken into consideration, namely freezing.” He remarked, however, at the same time that “the necessary supplementary work was started meanwhile.” Hippke did not leave any doubt that this fact would not impair the value and the importance of the Dachau high-altitude experiments, which he stressed; for it is in the nature of such experiments that both parts of the problem, high altitude and freezing temperatures, cannot be dealt with simultaneously, but that at first only one part must be considered, then the other. This was Ruff’s plan from the very beginning, and the special experiments with regard to the influence of freezing temperatures on descent from high altitudes were carried out according to plan in the Berlin institute of Dr. Ruff in the summer and fall of 1942. (Compare this with Dr. Grauer’s affidavit of 28 January 1947.)
Another prerequisite for the justification of the high-altitude experiments undertaken by Ruff and Romberg lies in the requirement that the experiments should not be extended any further than is necessary for the solution of the problems presented. This requirement, too, was fulfilled by Dr. Ruff. It is confirmed by his own testimony (German Tr. p. 6704), as well as by the testimony of Dr. Romberg (German Tr. pp. 6879-80), that Dr. Romberg was sent by Dr. Ruff to Dachau with a definite program which carefully outlined the kind as well as the extent of the experiments to be carried out. Only the problem of “rescue from high altitude” was to be investigated. Only experiments for this purpose were ordered by Dr. Ruff. Dr. Romberg was not allowed to undertake experiments for any other purposes, and the experiments were to be carried on only until either the problem was solved or its solution found impossible. Had Dr. Romberg not adhered to this program, which had been strictly outlined, had he carried out further experiments behind Dr. Ruff’s back, the latter could in no case have been responsible for them. Since he was not told of such further experiments by Dr. Romberg, he could not stop them. However, it must be stated expressly that Dr. Romberg adhered to Dr. Ruff’s orders; he did not carry out more extensive experiments than he had been permitted and had been ordered; this was done alone and solely by Dr. Rascher. The latter, however, was in no way subordinated to Dr. Ruff, nor to Dr. Romberg; moreover, he would certainly not have taken any orders from either of them. The final report Ruff-Romberg-Rascher of 28 July 1942 (NO-402, Pros. Ex. 66) furnishes clear proof of the fact that Dr. Ruff and Dr. Romberg were at all times conscious of their duty to restrict experiments to the extent which seemed absolutely necessary in order to explore a problem which was all-important at the time and to carry out no experiments which could not be considered especially important and of great consequence.
Even the introduction to this report of 28 July 1942 is significant for the delineation of the tasks set for these experiments. It reads: “Considering the urgency of finding a practical solution to this important problem [the rescue of airplane crews from high altitude], particularly in view of the prevailing experimental conditions, it was necessary to forego for the time being a detailed clarification of the purely scientific problems involved.” Here the basic tendency of all the experiments finds its clear expression. Only such practical requirements of aviation which could not be postponed during time of war should be solved, while investigations of purely scientific nature, without great practical significance, were to be excluded. This restriction of solutions sought demonstrates that the scientists in question (Ruff and Romberg) were not subject to the unbridled desire for experimentation which may be found in people of Rascher’s type.
Were the Ruff-Romberg high-altitude experiments in Dachau dangerous to life? If it is demanded that experiments on humans are carried out as humanely as possible, pain avoided wherever possible, and damage to health eliminated, it is obvious that deaths must be prevented in every way possible. The conscientious research worker will always start from the standpoint that experiments can only then be carried out when, according to human estimation and the experience of science, death can in no way be expected. According to German Law (Article 216 of the German Penal Code) the intentional killing of a person would not be legalized through his agreement, not even at his expressed desire.
To this question the presentation of evidence has shown the following:
1. In the Summary Report Ruff-Romberg-Rascher of 28 July 1942, it is “expressly stated that in the whole series of experiments no death and likewise no permanent oxygen deficiency damage occurred.” (NO-402, Pros. Ex. 66.) In direct contradiction to this appears to be, at least at first glance, the intermediary report which Dr. Rascher alone made on his experiments on 5 April 1942 to the Reich Leader SS Himmler (1971-A-PS, Pros. Ex. 49) and also the following secret report, which likewise Dr. Rascher alone sent to Himmler on 11 May 1942. (NO-220, Pros. Ex. 61.) These two special reports by Dr. Rascher prove that in the experiments described by Rascher alone several deaths occurred.
The explanation of the apparent contradiction is shown clearly by the presentation of evidence: In the experiments authorized by Dr. Ruff and carried out with his approval not a single death occurred. Only the arbitrary experiments which Rascher carried out without the approval of Dr. Ruff and against his will, and which were ordered by Himmler, were deadly.
This can be seen from Rascher’s intermediary report of 5 April 1942. (1971-A-PS, Pros. Ex. 49.) It falls into two parts.
In the first part Dr. Rascher describes the experiments carried out with Dr. Ruff’s approval. He states expressly, “the experiments conducted by myself and Dr. Romberg,” and he confirms that even “in a total of 15 extreme experiments, none of the experimental subjects died. Severe high-altitude sickness with unconsciousness occurred; however, the subject was always fully capable of action when approximately 7 km. was attained in the descent.”
In the second part, Rascher then describes his arbitrary experiments of which Ruff knew nothing, and was permitted to know nothing. This second part of the report is much more extensive and detailed than the first. That can be explained without difficulty because the experiments mentioned in this second part were carried out by Rascher himself; here he could describe the “merit” of the results he apparently gained all by himself. From this second part he obviously also hoped for complete new results for science, which he emphasized in the accompanying letter to Himmler of 5 April 1942, and he was obviously very proud that following his suggestions (as he emphasized) such “interesting standard experiments” were carried out. All this referred exclusively to the arbitrary experiments mentioned in the second part of the report, which Rascher carried out alone without the assistance of Dr. Romberg and without the authorization and previous knowledge of Dr. Ruff. (1971-A-PS, Pros. Ex. 49.)
Rascher himself made this distinction in his report (1971-A-PS, Pros. Ex. 49): He contrasts in the second part of his report the “extremely dangerous experiments” with the “experiments carried out by myself (Rascher) and Romberg,” while he specially asked for an “SS doctor from the camp as witness” for the arbitrary experiments of the second part of his report, as “I carried out these experiments by myself.” But surely Dr. Rascher had his reasons for specially requesting “a camp doctor as a witness” for these experiments (which are described in the second part of his report), but intentionally kept Dr. Romberg away. Dr. Rascher indicates these reasons in his accompanying letter of 5 April 1942, talking about difficulties which the Luftwaffe created for him up to that time, whose removal he hopes for by the intervention of SS Fuehrer Sievers. These difficulties which hindered the research work of Rascher were discussed in various other documents which concerned the use of the low-pressure chamber and its return to Dachau, which the SS tried to arrange but never succeeded.
If Dr. Rascher in his intermediary report (1971-A-PS, Pros. Ex. 49) emphasized that “only continuous experiments are fatal at heights above 10.5 km.”, this plainly confirms, in Dr. Rascher’s own words, what Ruff and Romberg stated from the very beginning, that two kinds of high-altitude experiments were carried out in Dachau with the low-pressure chamber. The one kind, which Dr. Romberg took part in and Dr. Ruff knew about, was carried out completely humanely and without any pain, and nothing happened; and the other kind, which Rascher carried out alone by order of Himmler, without Romberg and without the previous knowledge of Dr. Ruff, to which at one time an SS doctor was even asked to attend as a witness and which caused several fatalities.
This result is confirmed by the second report, which Rascher again alone (without the participation of Dr. Ruff and Dr. Romberg) submitted to Himmler, dated 11 May 1942, as a secret report (NO-220, Pros. Ex. 61). He describes here the experiments which he carried out jointly with Dr. Romberg and again states: “On the average, the experimental subjects were in complete accord of their actions at 12-13 km.; no disturbances of any kind in the general condition occurred in any of these experiments,” and even less, of course, a fatality. Only among the experiments described under figures 6 and 7 of this secret report of Rascher’s did fatalities occur, and that “during a continued high-altitude experiment, for example after half an hour in an altitude of 12 km.” But these experiments (according to figures 6 and 7) were the arbitrary experiments in which Rascher had other aims in mind, which had nothing to do with Ruff’s problem of “saving from high altitudes,” and which were carried out by Rascher alone.
It is also interesting that Rascher still mentions the partial assistance of Dr. Romberg in his first report (of 5 April 1942) (1971-A-PS, Pros. Ex. 49) but does not say anything more in the final second report (of 11 May 1942), (NO-220, Pros. Ex. 61) where he described the affair as though he alone had carried, out the experiments. Compare page 81, line 21: “Experiments carried out by myself”; or page 79, lines 15-16: “My heart experiments * * * that a very big sphere of work opened up for me,” etc. By that Rascher has clearly expressed that he did not have any assistance from Dr. Romberg in the experiments he thought particularly valuable, when he explains as particularly valuable his heart experiments and his observations concerning air embolism. Those were all experiments in which Ruff and Romberg had not the least interest, in which they never participated, and for which they would never have risked the health and the life of an experimental subject.
Even specialists like Dr. Ruff and Dr. Romberg could never understand the scientific or other aim which Rascher had in mind in the case of those arbitrary experiments with fatal endings. Even the layman can easily recognize the basic difference between the two categories of experiments. The legal experiments which had been authorized by Dr. Ruff were always restricted to a very short period of a few moments; but the fatal experiments of Dr. Rascher were, as he emphasized himself, continuous experiments without oxygen, therefore experiments lasting over 30 minutes. It is easily understandable that experiments of such a length without the administration of oxygen may be fatal. To prove this it would not have been necessary to sacrifice even one single human life in these experiments. Serious research workers like Dr. Ruff and Dr. Romberg had therefore never carried out and never authorized such experiments. That was also well known to Rascher, and this explains the fact as stated by Neff (German Tr. pp. 668, 670, 671) that Rascher kept Dr. Romberg intentionally away from his arbitrary experiments; furthermore that he even carried out his experiments at night to keep them secret from Dr. Romberg, and that he also did not ask Romberg to sign his intermediary report of 5 April 1942, nor his summarizing secret report of 11 May 1942, which Romberg would surely have refused to do.
It would therefore be quite wrong to attribute to Dr. Ruff and Dr. Romberg the intention of wanting to suppress something in their final report of 28 July 1942. (NO-402, Pros. Ex. 66.) For it is a proven fact that not only Himmler was informed by Rascher of the cases of death which had occurred, but that Dr. Ruff had also reported the cases of death for which Dr. Rascher was guilty, to his supreme superior, the Inspector of the Medical Service [of the air force], Dr. Hippke. For this same reason he had caused the low-pressure chamber to be removed from Dachau and had asked the witness, Dr. Hippke, to consent to this. These proven facts show that Dr. Ruff did not conceal anything and had nothing to conceal. The fact that the cases of death were not mentioned in the final report of 28 July 1942 has therefore nothing to do with any concealment but is only due to the fact that those experiments which had fatal results had nothing whatsoever to do with the experiments of Dr. Ruff and Dr. Romberg and their problem.
For the same reasons it is not surprising at all that Dr. Ruff did not inform Dr. Weltz of the fatal accidents during the special experiments of Rascher. Weltz was neither Ruff’s superior nor his subordinate, and at the time when Dr. Ruff learned of the deaths which had occurred during Rascher’s experiments, Dr. Rascher had already been transferred from the Weltz Institute.
The defense, therefore, arrives at the following conclusion:
Dr. Ruff only did what his superiors ordered him to do. If they have failed, they should be taken to account.
Dr. Ruff had no doubts concerning the orders of his superiors for his assignment was urgently necessary in the interest of his country, engaged in the most difficult war, and of its aviation. If Dr. Ruff at the time had been able to read all the international literature about medical experiments on human beings he would have learned that experiments much more exacting and much more dangerous than those with which he was familiar—which he knew and planned—were being conducted everywhere, also on prisoners; and perhaps they are still being conducted without the competent authorities or medical societies declaring them impermissible and intervening against them. Over many years, Dr. Ruff proved himself to be a particularly conscientious and considerate man of research who devoted his entire activity primarily to save endangered human lives. Neither can he be blamed for having collaborated for a short time with Dr. Rascher. He (Rascher) had been assigned to him as associate by his highest superiors; he had to rely upon that. If they ordered him to work together with a man who, later on, turned out to be a criminal, no liability can be charged to Dr. Ruff. When Dr. Ruff saw through his colleague who was forced upon him and realized his criminal activities, he immediately cut off all relations to him on his own initiative, avoided any further collaboration with him, and thus probably prevented much further disaster.
Field Marshal Milch was acquitted as far as the Dachau altitude tests are concerned.[[21]] Medical Inspector Dr. Hippke was not indicted at all. Under these circumstances justice demands that Dr. Ruff be acquitted.
EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS
Low-Pressure Experiments
Low-pressure experiments (high-altitude experiments) were carried out in the Dachau concentration camp from 22 February to the end of May 1942.
The first plans to carry out experiments “for rescue from high altitudes” were discussed already in 1941. The experiments were an affair of the Luftwaffe. (1581-A-PS, Pros. Ex. 48.)
The carrying out of experiments for “rescue from high altitudes” was agreed upon, as far as the Dachau concentration camp was concerned, by the Reich Minister for Aviation (represented by State Secretary and Field Marshal Milch) and the Reich Leader SS Himmler. (German Tr. p. 274. Also judgment of Military Tribunal II, Nuernberg in case of Field Marshal Milch. See Vol. II.) The witness Neff gave the exact date of the start of the experiments. The experiments were started on 22 February 1942. The witness could remember this date so well because it was his birthday. (German Tr. p. 606.) After a few interruptions the experiments ended in the second half of May. (German Tr. p. 6779.)
When answering the question whether the experiments could inflict torture and death on the experimental subjects, one has to distinguish between the experiments which according to the detailed instructions of Dr. Ruff were carried out by Dr. Rascher and Dr. Romberg in the Dachau concentration camp, and the experiments which Rascher carried out either with the knowledge and permission of Himmler, or without his permission on his own responsibility.
With regard to the first experiments it has to be said that they caused the experimental subjects some discomfort through high-altitude sickness, but that on no account did they mean torture and death for the experimental subjects. (Evidence of Dr. Ruff in direct examination.)
On the other hand the experiments which Rascher conducted on his responsibility have, according to Prosecution Document 1971-A-PS (Pros. Ex. 49), apparently to be judged in a different manner.
Sievers came in contact with the low-pressure experiments only; in the second half of March 1942. By letter of 21 March 1942 Rudolf Brandt replied to an inquiry of the Reich business manager of the Ahnenerbe of 9 March 1942 concerning Rascher, and informed him that low-pressure experiments were carried out in the Dachau camp: “The Reich Leader SS gave his permission on condition that Dr. Rascher would participate.” (1581-A-PS, Pros. Ex. 48.)
The cause of Sievers’ letter of 9 March 1942 was the statement of Dr. Rascher to the curator Wuest, according to which certain research work which he carried out for the Luftwaffe in Dachau, and of which he could give no details, was to be supported by the administration of the “Ahnenerbe”. (German Tr. p. 5671.) Following this, Sievers went to Dachau in late March or on 1 April 1942. (German Tr. p. 5672.)
Thus this date was the earliest on which Sievers could possibly have gained knowledge about the carrying out of high-altitude experiments in Dachau. It is important that at this time the experiments had already been under way for over a month.
The cunning Rascher took the first visit of Sievers as an opportunity to invite Sievers to have a look at the experiments directed by him, in spite of the fact that Sievers had nothing at all to do with the carrying out of the experiments. Sievers watched two experiments. He took the opportunity to speak to the two persons who were subjected to the experiments on that day. Both told Sievers that they had volunteered for the experiment. A few minutes after the experiment both experimental subjects did not show any after-effects and finished the experiment without suffering any bodily or physical damage. (German Tr. p. 5741.)
The following proceeding shows the special care which was taken in the carrying out of these experiments: It was agreed with the experimental persons that in case of earache they were to point with the hand to the ear. When one of the experimental subjects did this, Dr. Romberg immediately altered the pressure conditions, and the behavior of the experimental subject showed that he had no more discomfort. (German Tr. pp. 5743 and 6845.)
Since the question of the voluntary status of the human experimental subjects may be of significance in the case of all experiments, a comprehensive presentation of the most important depositions on this subject is given here.
Himmler stated at the Easter conference in 1942, in answer to the scruples of Sievers, that only volunteers were to be allowed to be drawn upon for the experiments, and if the experiments were fraught with danger to life then only major criminals under sentence of death and no political prisoners would be taken. (German Tr. p. 5677.) The witness Neff testified that volunteers presented themselves for the experiments. (German Tr. p. 614.)
Dr. Craemer of the Mountain Institute for Psychology of the Army Mountain Medical School [Gebirgspsychologisches, Institut der Heeres-Gebirgs-Sanitaets-Schule] has, in an affidavit, reported a conversation with Dr. Rascher in the course of which the latter said:
“Human experimental subjects. It is a question of major criminals under valid sentence of death who come forward voluntarily for the experiments in Dachau in order to have life and liberty given to them if they survive an experiment.” (Handloser 37, Handloser Ex. 18.)
The witness Meine declared:
“* * * since, furthermore, I knew from the series of experiments in Oranienburg that the prisoners had come forward voluntarily in crowds * * * my suspicion was not aroused during these years.” (German Tr. p. 4864.)
Dr. Mrugowsky deposed the following in his direct examination regarding yellow-fever experiments:
“Only volunteers were used, and Dr. Ding states in his declaration (NO-257, Pros. Ex. 283) that he knew of a list, and that for these kinds of cases always hundreds of volunteers offered themselves because they would not need to work for 4 weeks and were better fed.” (German Tr. p. 5195.)
Further, I refer to the affidavit of Dr. Morgen, which was submitted by Dr. Mrugowsky’s defense counsel, Mrugowsky 32 (Mrugowsky Exhibit 26):
“At the conference with Dr. Ding I learned that the human experimental subjects came forward voluntarily for these experiments. * * * In the case of the prisoner whose treatment I chanced to watch with others, I had the definite impression that he was a volunteer.” (German Tr. p. 5228.)
In connection with the high-altitude experiments in Dachau, I quote the following from Dr. Ruff’s deposition:
“Professor Dr. Weltz told me that these human experimental subjects were professional criminals who were allowed to volunteer for the experiments.” (German Tr. p. 6532.)
“Hippke told me also in this conversation that it was a question of major criminals who could offer themselves voluntarily for the experiments and who, following the experiments, were then to receive in some form a mitigation of their punishment, either reduction or remission.” (German Tr. p. 6534.)
The chief of Himmler’s personal staff, SS General Karl Wolff, gave an affidavit in London on 21 November 1946, which is of special importance because Wolff himself watched experiments in Dachau together with Himmler, and also reported to Hitler concerning the experiments:
“They (namely, the human experimental subjects) protested to Himmler in my presence that—after their request to be sent to the front had been turned down—they wanted to render a modest voluntary service to Germany and thereby give proof of the good will they really possessed. * * * That later low-pressure experiments are said to have taken place on prisoners on a nonvoluntary basis—of that I received no knowledge either from Himmler nor in any other way.” (German Tr. pp. 6757-58.)
Dr. Romberg declared in direct examination:
“In the course of time, not exactly on the first day, but as time went on, I spoke of course with all of them more often and in greater detail; then they told me gradually what previous sentences they had had, what prisons and penitentiaries they had already been at before coming to the camp. They told me also the reasons why they had come forward and had placed themselves voluntarily at the disposal of the experiments.”
To the question: “Do you mean by that, that all the human experimental subjects who were used for the altitude experiments were voluntarily human experimental subjects?” Dr. Romberg answered with a clear, “Yes.” (German Tr. pp. 6787-88.)
The following is quoted from Dr. Weltz’ deposition:
“When I first heard anything from Kottenhoff concerning Rascher’s proposals, Kottenhoff spoke already of volunteers. Later, after this conversation with Hippke I spoke again with Rascher. Rascher also spoke of volunteers. We then had Rascher at our joint consultation with Ruff and Romberg in my institute. There, too, he spoke of volunteers. In the observations that he made at the Nuernberg conference in connection with Holzloehner’s lecture, he spoke of volunteers. He spoke further of volunteers, on the return journey from the Nuernberg conference, with Dr. Craemer from St. Johann. * * * Thus I never heard Rascher speak otherwise than of volunteers, and, as I said already, that was the reason why we did not speak for a long time at all concerning compulsory experiments with Hippke.” (German Tr. p. 7064.)
The affidavit of the Polish Communist Wilschewske, an inmate of Dachau concentration camp, which was read on 28 April 1947, deposes as to the voluntary status of the human experimental subjects:
“Prisoners who came forward for these experiments did so, as far as I know, voluntarily, because they could thereby gain their own freedom and rehabilitation, and also favorable treatment for their relatives.” (German Tr. p. 6555.)
Dr. Becker-Freyseng deposed the following in his direct examination:
“Rascher spoke unequivocally of prisoners or criminal characters who were available because of special sanctions * * * by Hitler and Himmler, and through volunteering.” (German Tr. pp. 7850-51.)
The witness Dorn, a former prisoner in Buchenwald, deposed in answer to the following question: Were these people now forced into these experiments or was there a possibility of volunteering?
“I should like to give you an answer to that. Imagine the position of a prisoner who perhaps for years had not had enough to eat to satisfy him, and who perhaps learns from a camp conversation that if he were to offer himself for this or that experiment he would receive a double or triple amount of food. You can imagine that hundreds or more presented themselves merely from the purely human urge to eat their fill once again.” (German Tr. p. 8620.)
Dr. Beiglboeck likewise makes assertions in his direct examination concerning the voluntary status of the human experimental subjects, and declares in conclusion:
“I had at that time absolutely no reason to doubt that this information was correct. Superiors, officers of the SS, and the human experimental subjects themselves admitted this to me. And I do not know what more I could have done in order to assure myself still further.” (German Tr. p. 8701.)
The voluntary status of the prisoners is likewise confirmed in his affidavit by the witness Dr. Lesse, who worked as a doctor with Dr. Beiglboeck in Dachau. (Beiglboeck 14, Beiglboeck Ex. 20.)
The witness Mettbach has also confirmed the voluntary status of the human experimental subjects in connection with the sea-water experiments.
Finally reference is made to the deposition of the witness Nales, who was examined by the prosecution on 30 June 1947 in the second half of the forenoon session, and who testified to the voluntary status of the human experimental subjects used in the Lost gas experiments.
The evidence produced has not given the slightest grounds for believing that Sievers had any knowledge at all that nonvoluntary human experimental subjects were compelled to undergo experiments, or that the experiments would be painful or fraught with danger to life.
As a precaution let us also examine the question as to what further activity Sievers developed in connection with the low-pressure experiments. From the document book presented by the prosecution it appears that Sievers passed on letters which came to his office. Sievers is mentioned in some documents. The following separate letters are at hand:
In connection with the altitude experiments, the prosecution’s document book contains the following documents in which the Reich Business Manager of the Ahnenerbe is mentioned in one way or another. (NO-263, Pros. Ex. 47.) Letter from Frau Rascher to the Reich Leadership SS dated 24 February 1942:
“Rascher requests SS Obersturmbannfuehrer Schnitzler to acquaint the Reich Leader with the events and to say at the same time that Rascher, as a member of the Ahnenerbe, definitely wishes to participate scientifically in the experiments.”
From this it is seen how very keen even Frau Rascher was that her husband should participate in the experiments in Dachau. This was at a time when Sievers had as yet no knowledge at all of the altitude experiments.
Letter from the Reich Business Manager of the Ahnenerbe to Dr. Brandt, dated 26 August 1942 (NO-221, Pros. Ex. 68). This letter contains a copy of a letter from Rascher which had as its subject a report by Rascher and Romberg to Field Marshal Milch. The second part of the letter contains the report and the assent to the publication of the scientific results. Here the date of the letter must be pointed out, 26 August 1942, which was many weeks after the altitude experiments had come to an end, in May 1942.
Dr. Brandt’s reply to Sievers, dated 29 August 1942 (NO-222, Pros. Ex. 69):
“The letter of the Reich Leader SS, with which he has forwarded the report to Field Marshal Milch, was only signed and sent off a few days ago. Copy of the letter of the Reich Leader SS dated 25 August 1942 is enclosed for your information.”
Here it is to be observed that this letter likewise was written long after the conclusion of the altitude experiments and, like the preceding one, contains nothing at all concerning the experiments. It cannot be inferred from the letter dated 29 August 1942 that a copy of the report sent to Field Marshal Milch was also sent to the Ahnenerbe.
Brandt sends Sievers a copy of his letter to Dr. Rascher dated 6 September 1942 (NO-223, Pros. Ex. 71). It contains the information that Field Marshal Milch will ask Dr. Rascher and Dr. Romberg to meet shortly and report.
Letter from Rascher to Himmler, dated 9 October 1942 (1610-PS, Pros. Ex. 73). Sievers is mentioned in connection with the unsuccessful report to Milch. It is worth noting that Rascher asks that the low-pressure chamber may still be left at his disposal for further experiments.
Letter from the Reich Business Manager of the “Ahnenerbe” to the personal staff, for the attention of Dr. Brandt, dated 21 October 1942 (NO-226, Pros. Ex. 75 (Pros. Ex. 110 in Milch case); 1617-PS, Pros. Ex. 111 in Milch case). This letter contains the information that the freezing experiments are finished and that the altitude experiments desired by the Reich Leader SS can now be continued. For this purpose the low-pressure chamber will be needed again, and the Reich Leader SS is to write personally to Field Marshal Milch. The rough draft of a letter of the Reich Leader SS to Field Marshal Milch was enclosed with this letter. This rough draft is submitted by the prosecution as NO-226, Prosecution Exhibit 75. This draft was submitted by Sievers because of an assignment given to him by Himmler. The rough draft was drawn up in accordance with Rascher’s suggestions. (German Tr. p. 5682.)
This letter, dated 13 December 1942, contains several research commissions given personally by Himmler to Rascher (1612-PS, Pros. Ex. 79). Number 5 reads:
“The procuring of the apparatus necessary for all experiments is to be discussed separately with the offices of the Reich Physician SS of the SS Economic and Administrative Main Office, and with the Ahnenerbe Registered Association.”
A copy went to the Ahnenerbe.
This is a letter from the Vorstand [Board of Directors] of the Siemens-Schuckert-Werke, Berlin, and concerns the ordering of an electrocardiograph (NO-3675, Pros. Ex. 548). This apparatus was never delivered because the “SS priority grade” was not certified. Let it be remarked here, for the sake of understanding, that the designation “SS priority grade” was in general use and had nothing to do with the “SS”, the so-called “Schutzstaffeln” of the NSDAP.
Letter from Sievers to the Rector of the University of Munich concerning the loan of different pieces of apparatus (NO-3674, Pros. Ex. 549.) Dr. Wuest was, as repeatedly pointed out, office chief of the Ahnenerbe. As such he had exact information concerning the research commissions of the Institute for Military Scientific Research. A simple way to obtain the apparatus would have been an agreement made over the telephone. If Sievers chose to do it by letter it was only because of the delaying tactics practiced by him. This is seen clearly from the postscript intended for Rascher, telling him not to participate. It is also worthy of note that the apparatus was to be used in Munich and not in Dachau.
Sievers had no right to issue orders or instructions in connection with the low-pressure experiments, as is seen from part III of the closing brief. Sievers had not the slightest influence on the carrying out of the experiments.
Sievers could have had no knowledge that the experiments might be inhuman, because he, or the Ahnenerbe, was only brought in when the experiments had already been in progress for over a month.
The question still to be examined is whether and when Sievers received knowledge of Rascher’s reports concerning his experiments. To this the following details are pointed out: On 5 April 1942 Rascher sent an interim report on his low-pressure experiments direct to Himmler. He asked that the report should be treated as secret. (1971-A-PS, Pros. Ex. 49.)
The acknowledgment of the receipt did not go through the Ahnenerbe but went directly from Rudolf Brandt to Rascher. (1971-C-PS, Pros. Ex. 50.) It is nowhere mentioned that a copy went to the Ahnenerbe. From the distribution of the order issued by Himmler thereon (1971-B-PS, Pros. Ex. 51), it is clearly seen that the Ahnenerbe received no copy of the order.
On 11 May 1942 Rascher sent a further secret report direct to Himmler, so that Sievers here too had no possibility of acquiring any knowledge of this report. (NO-220, Pros. Ex. 61.)
On 22 September 1942 the German Experimental Station for Aviation sent copies of Nos. 2, 3, and 4 of the report “Experiments on Rescue from High Altitudes” as “top secret” matter to the Reich Leader SS “to be filed there”. (NO-402, Pros. Ex. 66.) Even if the first page of the report bears the note, “The investigations were conducted in conjunction with the Research and Instruction Association the Ahnenerbe”, no kind of proof is thereby furnished that a copy of the report reached the Ahnenerbe. It is true that Sievers does not exclude the possibility that such a report came to the Ahnenerbe, but he denies that he read such a report, because it did not concern him, and it also did not interest him as it dealt with medical matters. If he did read any of it, it was at the most the short summary to be found at the end. (German Tr. p. 5681.)
It must also be pointed out that there is nothing in this report which could lead to the conclusion that the experiments had fatal results. The prosecution’s expert Professor Ivy also confirmed this in answer to the Court’s question: “Is there anything mentioned in the Ruff-Romberg-Rascher report about experiments concerning which it can be asserted with absolute certainty that fatalities, permanent injury, or great pain have resulted in the case of human experimental subjects?” The expert’s answer was “No.” (German Tr. p. 9217.) In addition this report was sent to Himmler on 22 September 1942, thus, long after the close of the experiments. Sievers cannot then have gained any insight into Rascher’s criminal activity from Rascher’s reports.
Sievers had not the power or the opportunity of preventing Rascher’s criminal experiments or of bringing them to a standstill. It is true that at the Easter conference in 1942 he tried to move Himmler to discontinue all experiments in the concentration camps, or at least to bring about the suppression of the research of Rascher and Professor Dr. Hirt, which were not in harmony with the character of the Ahnenerbe. Both his suggestions were refuted by Himmler’s declaration that “all that” was no concern of Sievers and that he (Himmler) bore the sole responsibility. (German Tr. p. 5714.)
In spite of Himmler’s declaration, Sievers endeavored to halt further low-pressure experiments, when the low-pressure chamber had been removed from Dachau at the beginning of June 1942.
Already on 27 November 1942, the chief of the personal staff of the Reich Leader SS, SS General Wolff, had applied to Field Marshal Milch in order to make possible Rascher’s further experiments in Dachau. In the closing sentence of this letter the loan of the low-pressure chamber is once again requested. (NO-269, Pros. Ex. 78 (Pros. Ex. 118 in the Milch Case).)
That General Wolff by Himmler’s orders laid great stress on making further experiments possible is seen from the fact that a copy of the letter went also to SS Oberfuehrer Dr. Wuest, who was office chief of the Ahnenerbe. Thereby the special importance of the affair was to be shown also to the Ahnenerbe, on which the obligation rested to procure the requisite apparatus in accordance with figure three of Himmler’s order of 7 July 1942 (NO-422, Pros. Ex. 33) and repeated later under figure five of Himmler’s order of 13 December 1942 (1612-PS, Pros. Ex. 79).
When the Luftwaffe did not make the low-pressure chamber available again, Sievers was commissioned to buy a special portable low-pressure chamber for the SS. (German Tr. p. 5800.) And then Sievers did something unheard of and rang up Dr. Romberg of the German Experimental Station for Aviation. Romberg was very much surprised at this telephone call. (German Tr. pp. 6839-40.)
Through his communication that he had been commissioned by Himmler to procure a low-pressure chamber for Rascher, who at that time was still a member of the Luftwaffe, he aroused the attention of the Luftwaffe. For Dr. Romberg communicated this news to his superior Dr. Ruff, who, on his side, informed Dr. Becker-Freyseng of the Medical Inspectorate of the Luftwaffe. (German Tr. pp. 6607-08, 7878; Becker-Freyseng 24, Becker-Freyseng Ex. 11.) This was what Sievers counted upon. The consent of the Luftwaffe would have been necessary for the purpose of sanctioning the requisite priority grade for a low-pressure chamber. The Luftwaffe denied this necessity and thus the low-pressure chamber under consideration for Rascher was not procured.
When Himmler in the year 1943—probably at Rascher’s urging—ordered Sievers again to procure a low-pressure chamber, Sievers was able once more to prevent one from being procured. This time he pointed out that the research management of the Luftwaffe did not consider it necessary to continue with altitude experiments. Sievers advanced this statement at random, profiting by the fact that Rascher, though probably known to the Medical Inspectorate of the Luftwaffe, was not known to the research management of the Luftwaffe. (German Tr. p. 5801.)
Summary
Criminal action on the part of Sievers cannot be proved in connection with the low-pressure experiments. The carrying out of the experiments was neither ordered nor arranged for by him. He did not come into contact with the experiments until they had been in progress for over a month. What Sievers saw, heard, and read about the experiments could not in any way give him the knowledge that inadmissible experiments were being made. Sievers had no knowledge of Rascher’s criminal experiments while the experiments were in progress, because Rascher kept these experiments completely secret. Sievers’ activity was of a completely subordinate nature. Apart from that, however, Sievers helped to prevent Rascher (whom Sievers could not bear, for he was a pompous fellow and a protégé of Himmler) from being put again in a position to carry on further low-pressure experiments.
There is no criminal guilt then on the part of Sievers, as far as Sievers’ contact with the low-pressure experiments is concerned.
d. Evidence
| Prosecution Documents | |||
| Pros. | |||
| Doc. No. | Ex. No. | Description of Document | Page |
| 1602-PS | 44 | Letter from Rascher to Himmler, 15 May 1941, concerning high-altitude experiments on human beings. | [141] |
| 1582-PS | 45 | Letter from Rudolf Brandt to Rascher, undated, nforming him that prisoners would be made available for high-altitude research. | [143] |
| 1581-A-PS | 48 | Letter from Rudolf Brandt to Sievers, 21 March 1942, concerning Rascher’s participation in high-altitude experiments. | [144] |
| 1971-A-PS | 49 | Letter from Rascher to Himmler, 5 April 1942, and report, undated, on high-altitude experiments. | [144] |
| 1971-C-PS | 50 | Letter from Rudolf Brandt to Rascher, 13 April 1942, regarding his success with high-altitude experiments. | [147] |
| 1971-B-PS | 51 | Letter from Himmler to Rascher, 13 April 1942, requesting a repetition of high-altitude experiments on prisoners condemned to death. | [148] |
| 1971-D-PS | 52 | Teletype from Rascher to Rudolf Brandt, 20 October 1942, requesting clarification on the pardon granted by Himmler. | [149] |
| 1971-E-PS | 53 | Teletype from Rudolf Brandt to Schnitzler, 21 October 1942, concerning the pardon granted by Himmler. | [149] |
| NO-218 | 56 | Letter from Rascher to Himmler, 16 April 1942, reporting on high-altitude experiments with fatal results and on experiments conducted together with Romberg. | [150] |
| NO-264 | 60 | File note for SS Obersturmfuehrer Schnitzler, 28 April 1942. | [151] |
| NO-220 | 61 | Letter from Rascher to Himmler, 11 May 1942, and secret report concerning high-altitude experiments. | [152] |
| NO-402 | 66 | Letter, 29 September 1942, and report, 28 July 1942, from Romberg and Ruff to Himmler concerning experiments on rescue from high altitudes. | [155] |
| 343-A-PS | 62 | Letter from Milch to Wolff, 20 May 1942, regarding continuation of experiments. | [172] |
| 343-B-PS | 70 | Letter from Milch to Himmler, 31 August 1942, acknowledging receipt of reports by Rascher and Romberg on high-altitude experiments. | [172] |
| NO-289 | 72 | Letter from Hippke to Himmler, 8 October 1942, thanking the latter for his assistance in high-altitude experiments in Dachau. | [173] |
| NO-224 | 76 | Note by Romberg on showing of film in office of State Secretary Milch and proposed report to Milch, 11 September 1942. | [174] |
| 1612-PS | 79 | Letter from Rudolf Brandt to Rascher, 13 December 1942, and Himmler’s order assigning Rascher to high-altitude experiments. | [176] |
| NO-610 | 41 | Inmates of the Dachau concentration camp in different stages of simulated altitude in the low-pressure chamber; postmortem dissections of experimental subjects who died from the effects of high-altitude experiments. (See Selections from Photographic Evidence of the Prosecution.) | [898] |
| Testimony | |||
| Extracts from the testimony of tribunal witness Walter Neff | [177] | ||
| Extracts from the testimony of defendant Rudolf Brandt | [183] | ||
| Extracts from the testimony of defendant Romberg | [186] | ||
TRANSLATION OF DOCUMENT 1602-PS
PROSECUTION EXHIBIT 44
LETTER FROM RASCHER TO HIMMLER, 15 MAY 1941, CONCERNING HIGH-ALTITUDE EXPERIMENTS ON HUMAN BEINGS
[Stamp]
Sigmund Rascher, M. D.
Personal Staff Reich Leader SS
Archives File No. Secret/58
Munich, Trogerstrasse 56, 15 May 1941
Highly esteemed Reich Leader,
My most sincere thanks for your cordial wishes and flowers on the birth of my second son. This time, too, it is a strong boy, though he arrived 3 weeks too early. I shall take the liberty and send you a small picture of both children some time.
Since I want a third child very soon, I feel very grateful to you that with your help, highly esteemed Reich Leader, the wedding is made possible. Today I was informed by SS Standartenfuehrer Sollmann on the telephone that the 165 marks as required for a wedding will be charged to the account “R” and will be transmitted by the Ahnenerbe. I thank you heartily! I only need a short certificate concerning Aryan descent for the Luftwaffe, where the permit was already submitted. Tomorrow, prior to my departure, I shall dictate a rough text to Nini D; she will then forward the note to you, highly esteemed Reich Leader.
I also thank you very cordially for the generous regular allowance of fruit; this is at present extremely important for mother and children.
For the time being, have been assigned to the Luftgau Kommando VII, Munich, for a medical selection course. During this course, where research on high-altitude flying plays a prominent part, determined by the somewhat higher ceiling of the English fighter planes, considerable regret was expressed that no experiments on human beings have so far been possible for us because such experiments are very dangerous and nobody is volunteering. I therefore put the serious question: is there any possibility that two or three professional criminals can be made available for these experiments? The experiments are being performed at the Ground Station for High-Altitude Experiments of the Luftwaffe [Bodenstaendige Pruefstelle fuer Hoehenforschung der Luftwaffe] at Munich. The experiments, in which the experimental subject of course may die, would take place with my collaboration. They are absolutely essential for the research on high-altitude flying and cannot, as it has been tried until now, be carried out on monkeys, because monkeys offer entirely different test conditions. I had an absolutely confidential talk with the representative of the Luftwaffe physician who is conducting these experiments. He also is of the opinion that the problems in question can only be solved by experiments on human beings. (Feeble-minded individuals also could be used as experimental material.)
For the time being, SS men and some SS officers as well are detailed to the antiaircraft school IV, for studying the range-finding technique. The material is excellent. Nevertheless, I suggest that selection of range-finding men among SS troops should be carried out according to the methods of examination as used by the Luftwaffe. A still better selection would thus be the result. I am able to judge because I am the specialist for medical selection with the Luftwaffe range-finding unit, and all those detailed to these courses once more have to pass my examination. I therefore take the liberty to send to you from Schongau the method of selection as drafted by me. For this, I received the War Merit Cross, 2d Class, with Swords. It will not be a note for instruction but a draft for a lecture. I prefer to have it forwarded the direct way rather than that any SS officer should put it down in a mutilated way during my lectures. A similar instructional note was submitted to the Reich Ministry for Aviation.
Thanks to your generosity, the cancer research is progressing well, in spite of the war.
I do hope that you, highly esteemed Reich Leader, are in perfect health, in spite of your tremendous amount of work!
With my most hearty wishes, I am with
Heil Hitler!
[handwritten] Yours, gratefully devoted,
[Signed] S. Rascher
[Handwritten] RUSH
TRANSLATION OF DOCUMENT 1582-PS
PROSECUTION EXHIBIT 45
LETTER FROM RUDOLF BRANDT TO RASCHER, UNDATED, INFORMING HIM THAT PRISONERS WOULD BE MADE AVAILABLE FOR HIGH-ALTITUDE RESEARCH
AK/104a/LO Bra/V
[Stamp unintelligible May 2 (?) 1941]
SS Untersturmfuehrer Sigmund Rascher M. D.
Munich
Trogerstr. 56
Dear Dr. Rascher:
Shortly before flying to Oslo, the Reich Leader SS gave me your letter of 15 May 1941, for partial reply.
I can inform you that prisoners will, of course, be gladly made available for the high-flight researches. I have informed the Chief of the Security Police of this agreement of the Reich Leader SS, and requested that the competent official be instructed to get in touch with you.
I want to use the opportunity to extend my cordial wishes to you on the birth of your son.
I shall refer as soon as possible to the second part of your letter.
By order
Heil Hitler!
[initials] R Br [Rudolf Brandt]
SS Sturmbannfuehrer
[illegible markings]
TRANSLATION OF DOCUMENT 1581-A-PS
PROSECUTION EXHIBIT 48
LETTER FROM RUDOLF BRANDT TO SIEVERS, 21 MARCH 1942,
CONCERNING RASCHER’S PARTICIPATION IN HIGH-ALTITUDE
EXPERIMENTS
The Reich Leader SS Personal Staff
Journal No. AR 704/2 A/Bn.
[Stamp]
Personal Staff Reich Leader SS
Documentary Administration
Record number AR/704/2 A/Bn. 58
Fuehrer Headquarters, 21 March 1942
To the Reich Chief Manager [Reichsgeschaeftsfuehrer] of the “Ahnenerbe”
SS Obersturmbannfuehrer Sievers
Berlin—Dahlem
Dear Comrade Sievers,
I refer to your inquiry of 9 March 1942 B/151/r1 S/Wo—concerning Dr. Rascher.
Reference is made to the subatmospheric pressure experiments which are being carried out on concentration camp inmates in the Dachau camp by the air force. The Reich Leader SS has approved these experiments under the condition that SS Untersturmfuehrer Dr. Rascher, who is an Obersturmfuehrer of the air force, takes part in them. I am sure that Dr. Rascher will be able to give you further details.[[22]]
Heil Hitler!
[Signed] Brandt
SS Sturmbannfuehrer
TRANSLATION OF DOCUMENT 1971-A-PS
PROSECUTION EXHIBIT 49
LETTER FROM RASCHER TO HIMMLER, 5 APRIL 1942, AND REPORT,
UNDATED, ON HIGH-ALTITUDE EXPERIMENTS
Sigmund Rascher, M. D.
5 April 1942
[Marginal note] Very interesting. 8-4-42.
[Apparently by Himmler]
Highly esteemed Reich Leader:
Enclosed is an interim report on the low-pressure experiments so far conducted in the concentration camp of Dachau. May I ask you respectively to treat the report as secret?
A few days ago Reich Physician SS [Reichsarzt SS] Professor Dr. Grawitz made a brief inspection of the experimentation plant. Since his time was very limited, no experiments could be demonstrated to him. SS Obersturmbannfuehrer Sievers took a whole day off to watch some of the interesting standard experiments and may have given you a brief report. I believe, highly esteemed Reich Leader, that you would be extraordinarily interested in those experiments. Is it not possible that on the occasion of a trip to southern Germany you have some of the experiments demonstrated to you? If the results so obtained by the experiments are confirmed by further experimentation, entirely new data will be secured for science; simultaneously, entirely new aspects will be opened to the Luftwaffe.
I hope that, thanks to the intended efforts of SS Obersturmbannfuehrer Sievers, the Luftwaffe will make no difficulties from now on. I am very much indebted to Obersturmbannfuehrer Sievers as he has shown a very active interest in my work in every respect.
I thank you respectfully, highly esteemed Reich Leader, for the generous realization of my proposition to conduct such experiments in the concentration camp.
With my best wishes for your personal well-being, I am
With Heil Hitler
Gratefully yours,
[Signed] S. Rascher
FIRST INTERIM REPORT ON THE LOW-PRESSURE CHAMBER
EXPERIMENTS IN THE CONCENTRATION CAMP OF DACHAU
1. The object is to solve the problem of whether the theoretically established norms pertaining to the length of life of human beings breathing air with only a small proportion of oxygen and subjected to low pressure correspond with the results obtained by practical experiments. It has been asserted that a parachutist, who jumps from a height of 12 km. would suffer very severe injuries, probably even die, on account of the lack of oxygen. Practical experiments on this subject have always been discontinued after a maximum of 53 seconds, since very severe bends [Hoehenkrankheit] occurred.
2. Experiments testing the length of life of a human being above the normal breathing limits (4, 5, 6 km.) have not been conducted at all, since it has been a foregone conclusion that the human experimental subject [Versuchsperson—VP] would suffer death.
The experiments conducted by myself and Dr. Romberg proved the following:
Experiments on parachute jumps proved that the lack of oxygen and the low atmospheric pressure at 12 or 13 km. altitude did not cause death. Altogether 15 extreme experiments of this type were carried out in which none of VP’s died. Very severe bends together with unconsciousness occurred, but completely normal functions of the senses returned when a height of 7 km. was reached on descent. Electrocardiograms registering during the experiments did show certain irregularities, but by the time the experiments were over the curves had returned to normal and they did not indicate any abnormal changes during the following days. The extent to which deterioration of the organism may occur due to continuously repeated experiments can only be established at the end of the series of experiments. The extreme fatal experiments will be carried out on specially selected VP’s, otherwise it would not be possible to exercise the rigid control so extraordinarily important for practical purposes.
The VP’s were brought to a height of 8 km. under oxygen and then had to make 5 knee bends with and without oxygen. After a certain lapse of time, moderate to severe bends occurred and the VP’s became unconscious. However, after a certain period of accustoming themselves to the height of 8 km. all the VP’s recuperated and regained their consciousness and the normal functions of their senses.
Only continuous experiments at altitudes higher than 10.5 km. resulted in death. These experiments showed that breathing stopped after about 30 minutes, while in 2 cases the electrocardiographically charted action of the heart continued for another 20 minutes.
The third experiment of this type took such an extraordinary course that I called an SS physician of the camp as witness, since I had worked on these experiments all by myself. It was a continuous experiment without oxygen at a height of 12 km. conducted on a 37-year-old Jew in good general condition. Breathing continued up to 30 minutes. After 4 minutes the VP began to perspire and to wiggle his head, after 5 minutes cramps occurred, between 6 and 10 minutes breathing increased in speed and the VP became unconscious; from 11 to 30 minutes breathing slowed down to three breaths per minute, finally stopping altogether.
Severest cyanosis developed in between and foam appeared at the mouth.
At 5-minute intervals electrocardiograms from three leads were written. After breathing had stopped, the electrocardiogram was continuously written until the action of the heart had come to a complete standstill. About ½ hour after breathing had stopped, dissection was started.
Autopsy Report
When the cavity of the chest was opened the pericardium was filled tightly (heart tamponade). Upon opening of the pericardium 80 cc. of clear yellowish liquid gushed forth. The moment the tamponade had stopped, the right auricle began to beat heavily, at first at the rate of 60 actions per minute, then progressively slower. Twenty minutes after the pericardium had been opened, the right auricle was opened by puncturing it. For about 15 minutes, a thin stream of blood spurted forth. Thereafter clogging of the puncture wound in the auricle by coagulation of the blood and renewed acceleration of the action of the right auricle occurred.
One hour after breathing had stopped, the spinal marrow was completely severed and the brain removed. Thereupon the action of the auricle stopped for 40 seconds. It then renewed its action, coming to a complete standstill 8 minutes later. A heavy subarchnoid oedema was found in the brain. In the veins and arteries of the brain a considerable quantity of air was discovered. Furthermore, the blood vessels in the heart and liver were enormously obstructed by embolism.
The anatomical preparations will be preserved and so I shall be able to evaluate them later.
The last-mentioned case is to my knowledge the first one of this type ever observed on man. The above-described heart actions will gain particular scientific interest, since they were written down with an electrocardiogram to the very end.
The experiments will be continued and extended. Another interim report will follow after new results have been obtained.
[Signed] Dr. Rascher
TRANSLATION OF DOCUMENT 1971-C-PS
PROSECUTION EXHIBIT 50
LETTER FROM RUDOLF BRANDT TO RASCHER, 13 APRIL 1942,
REGARDING HIS SUCCESS WITH HIGH-ALTITUDE EXPERIMENTS
1174/42 BRa/V
Fuehrer Headquarters, 13 April 1942
Top Secret
SS Untersturmfuehrer Rascher, M. D.
Munich, Trogerstrasse 56
Dear Comrade Dr. Rascher,
Your report of 5.4.1942 has been seen by the Reich Leader SS today. The tests on which SS Obersturmbannfuehrer Sievers gave a brief report interested him very much.
For the further tests I wish you a continuation of the success you have had so far.
Best regards also to your wife.
Heil Hitler!
Yours,
[Signed] B. [R.] Brandt
SS Sturmbannfuehrer
TRANSLATION OF DOCUMENT 1971-B-PS
PROSECUTION EXHIBIT 51
LETTER FROM HIMMLER TO RASCHER, 13 APRIL 1942, REQUESTING
A REPETITION OF HIGH-ALTITUDE EXPERIMENTS ON PRISONERS
CONDEMNED TO DEATH
The Reich Leader SS
Fuehrer Headquarters, 13 April 1942
SS Untersturmfuehrer Dr. Rascher
Munich 27, Trogerstrasse 56
Dear Dr. Rascher:
I want to answer your letter with which you sent me your reports. Especially the latest discoveries made in your experiments particularly have interested me. May I now ask you the following:
1. This experiment is to be repeated on other men condemned to death.
2. I would like Dr. Fahrenkamp to be taken into consultation on these experiments.
3. Considering the long-continued action of the heart the experiments should be specifically exploited in such a manner as to determine whether these men could be recalled to life. Should such an experiment succeed, then, of course, the person condemned to death shall be pardoned to concentration camp for life.
Please keep me further informed on the experiments.
Kind regards and
Heil Hitler!
Yours
[Signed] H. Himmler
2. Chief of the Security Police and SD.
3. SS Brigadefuehrer Gluecks.
Copy for your information.
by order [I. A.]
[initialed] BR. [Rudolf Brandt]
SS Sturmbannfuehrer
TRANSLATION OF DOCUMENT 1971-D-PS
PROSECUTION EXHIBIT 52
TELETYPE FROM RASCHER TO RUDOLF BRANDT, 20 OCTOBER 1942,
REQUESTING CLARIFICATION ON THE PARDON GRANTED BY
HIMMLER
Reich Security Main Office
Communication
| Communication No. 11194 | Urgent |
RFSS Munich—Teletype No. 2020, 20 October 1942, 5:25 p. m.
To: SS Obersturmbannfuehrer Dr. Brandt
Field Command Post [Feldkommandostelle] Hegewald
Highly esteemed Obersturmbannfuehrer:
Will you please clarify the following case with the Reich Leader SS as soon as possible?
In communication RFSS [Reich Leader SS] of 13-1-42 under paragraph 3 it is ordered that if prisoners in Dachau condemned to death live through experiments which have endangered their lives, they should be pardoned. As up to now only Poles and Russians were available, some of whom had been condemned to death, it is not quite clear to me yet as to whether the above-mentioned paragraph also applies to them, and whether they may be pardoned to concentration camp for life after having lived through several very severe experiments.
Please answer by teletype via Adjutant’s Office, RFSS, Munich.
Obedient Greetings,
Heil Hitler!
Yours
[Signed] S. Rascher
TRANSLATION OF DOCUMENT 1971-E-PS
PROSECUTION EXHIBIT 53
TELETYPE FROM RUDOLF BRANDT TO SCHNITZLER, 21 OCTOBER 1942, CONCERNING THE PARDON GRANTED BY HIMMLER
Teletype
To SS Obersturmfuehrer Schnitzler
Munich
Please inform SS Untersturmfuehrer Dr. Rascher with regard to his teletype inquiry that the instruction given some time ago by the Reich Leader SS concerning amnesty of test persons does not apply to Poles and Russians.
[Signed] Brandt
SS Obersturmbannfuehrer
21 October 1942
Bra/Dr.
TRANSLATION OF DOCUMENT NO-218
PROSECUTION EXHIBIT 56
LETTER FROM RASCHER TO HIMMLER, 16 APRIL 1942, REPORTING ON HIGH-ALTITUDE EXPERIMENTS WITH FATAL RESULTS AND ON EXPERIMENTS CONDUCTED TOGETHER WITH ROMBERG
Munich, Trogerstrasse 56, 16 April 1942
Highly esteemed Reich Leader:
May I thank you for your letter of 13 April. I am delighted with the great interest which you, highly esteemed Reich Leader, are taking in the experiments and their results. I thank you for the inspiration you have given me in your letter.
The experiment described in the report of 4 April was repeated four times, each time with the same results. When Wagner, the last test person had stopped breathing, I let him come back to life by increasing pressure. Since test person “W . . .” was assigned for a terminal[[23]] experiment, as a repeated experiment held no prospect of new results, and since I had not been in possession of your letter at that time, I subsequently started another experiment through which Test Person Wagner did not live. Also in this case the results obtained by electrocardiographic registration were extraordinary.
In accordance with your orders, I tried to contact Dr. Fahrenkamp immediately upon receipt of your letter. However, I could not speak to him since he is laid up with angina. In a few days I shall ask again if Dr. Fahrenkamp is available.
Meanwhile, at times together with Dr. Romberg, I have carried out falling experiments from heights of from 16 to 20 kilometers. There, contrary to theoretical assumptions, it was proved that falling through space after jumping from an airplane in the stratosphere (pressure cabinplane) is quite possible, as after severe unconsciousness the test person regained complete consciousness in each case, at between 7 and 8 kilometers height when the parachute lever, installed in the chamber, was pulled.
Within the next few days, I shall report at length on these experiments as well as on the above-mentioned Test Person Wagner.
I also have a request to make: May I take pictures of the various dissection preparations in the dissecting room of the concentration camp to make a record of the strange formations of air embolism? In this connection, my wife has already written to SS Sturmbannfuehrer Dr. Brandt.
Highly esteemed Reich Leader, allow me to close by assuring you that your active interest in these experiments has a tremendous influence on one’s working capacity and initiative.
I am with devoted greeting and
Heil Hitler!
Yours gratefully devoted
[Signed] S. Rascher
TRANSLATION OF DOCUMENT NO-264
PROSECUTION EXHIBIT 60
FILE NOTE FOR SS OBERSTURMFUEHRER SCHNITZLER, 28 APRIL 1942
Frau Rascher was here today in the office and stated the following to me for you in a few words:
Oberstabsarzt Dr. Weltz still insists on participation in the experiments and on full responsibility. If not, the assignment of Dr. Rascher to the Weltz Institute must be changed. Weltz personally is not interested in these experiments. RLM [The Reich Air Ministry] asks Oberstabsarzt Dr. Weltz how long the experiments will last and whether it is justifiable to detail a medical officer for so long a time. RLM demands from Weltz an opinion on the experiments which he, however, cannot give, unless he is fully informed about them. Weltz will be in Berlin with Generaloberstabsarzt Hippke on Friday. Weltz demands a statement by Friday as to whether he should consider himself as still participating in the experiments, or whether it is requested that he should not participate in the experiments.
The assignment of Dr. Rascher must immediately be changed to “Assignment to Aviation Test Institute Berlin—Adlershof, Dachau Branch” (not Weltz Institute), because Weltz—as he stated—intends to cancel the assignment immediately, if he is not to participate in it.
For personal confidential information
Dr. Weltz confidentially informed Dr. Rascher that there is great mistrust against him in the RLM because of the experiments (SS membership); there is also animosity in the air force administrative command (Luftgau) Munich for this reason.
Munich, 28 April 1942.
Gr.
TRANSLATION OF DOCUMENT NO-220
PROSECUTION EXHIBIT 61
LETTER FROM RASCHER TO HIMMLER, 11 MAY 1942, AND SECRET REPORT CONCERNING HIGH-ALTITUDE EXPERIMENTS
Sigmund Rascher M. D.
Munich, Trogerstrasse 56, 11 May 1942
Highly esteemed Reich Leader:
Enclosed I am forwarding a short summary on the principal experiments conducted up to date. A detailed report on the practical as well as the theoretical results will take some more time. I shall hurry. Since the material has to be processed the exploitation of the pathological preparations will take about ½ year though the Kaiser Wilhelm Institute for Brain Research will help us, I hope.
Tonight I succeeded in seeing Dr. Fahrenkamp who has relatively recovered. He appeared to be very interested and I think there will be a fine and fruitful cooperation. Dr. Fahrenkamp who has an enormous knowledge most amiably promised to help me in everything. He will give to you himself his opinion on my heart experiments. From our conversation I have had the impression that a great field of work will open up to me yet. I thank you, highly esteemed Reich Leader, for having opened these opportunities to me to such an extent.
Unfortunately, the extension of my assignment has not been settled yet; in accordance with the present regulations, my assignment will be terminated on 15 May.
Thanking you again, I am with most obedient greetings and
Heil Hitler!
Yours gratefully,
[Signed] S. Rascher
Munich, 11 May 1942
SECRET REPORT
Based on results of experiments which up to now various scientists had conducted on animals only, the experiments in Dachau were to prove whether these results would maintain their validity on human beings.
1. The first experiments were to show whether the human being can gradually adapt himself to higher altitudes. Some 10 tests showed that a slower ascent without oxygen taking from 6 to 8 hours kept the functions of the senses of the various VP’s [Versuchspersonen—human experimental subjects] fully normal up to a height of 8,000 meters. Within 8 hours several VP’s had reached a height of 9.5 kilometers without oxygen when bends occurred suddenly.
2. Normally it is impossible to stay without oxygen at altitudes higher than 6 kilometers. Experiments showed however that after ascent to 8,000 meters without oxygen, bends combined with unconsciousness lasted only about 25 minutes. After this period the VP’s had mostly become accustomed to that altitude; consciousness returned, they could make knee bends, showed a normal electrocardiograph and were able to work (60 to 70 percent of the cases examined).
3. Descending tests on parachutes (suspended) without oxygen.
These experiments proved that from 14 kilometers on down severest bends occurred which remained until the ground was reached. The detrimental effects caused by these experiments manifested themselves at the beginning as unconsciousness, and subsequently as spastic and limp paralysis, catotomy, stereotypy, and as retrograde amnesia lasting several hours. About 1 hour after the end of the experiment the VP’s for the most part were still disoriented as to time and locality. The blood picture often showed a shift to the left; albumen and red and white blood corpuscles were regularly found in the urine after the experiment; cylinders were sometimes found. After several hours or days the blood and urine returned to normal. The changes of the electrocardiograph were reversible.
Contrary to descending tests on parachutes without oxygen, descending tests with oxygen were carried out from heights up to 18 kilometers. It was proved that on the average the VP’s regained the normal function of their senses at 12 to 13 kilometers. No disturbances of general conditions occurred during any of these experiments. Brief unconsciousness at the beginning of the experiment caused no lasting disturbances. Urine and blood showed only a slight change.
4. As the long time of descent on parachutes, under actual conditions, would cause severe freezing even if no detrimental effects were caused by lack of oxygen, VP’s were brought by sudden decreases in pressure with a cutting torch from 8 to 20 kilometers, simulating the damage to the pressure-machine of the high-altitude airplane. After a waiting period of 10 seconds, corresponding to stepping out of the machine, the VP’s were made to fall from this height with oxygen to a height where breathing is possible. The VP’s awoke between 10 and 12 kilometers and at about 8 kilometers pulled the parachute lever.
5. In experiments of falling from the same height without oxygen, the VP’s regained normal function of their senses only between 2 and 5 kilometers.
6. Experiments testing the effect of pervitin on the organism during parachute jumps, proved that the severe after-effects, as mentioned under No. 3, were considerably milder. The ability to withstand the conditions at high altitudes was only slightly improved, while the bends, since they were not noticed, occurred suddenly (restraint-loosening effects of pervitin).
7. Dr. Kliches, of the Charles University in Prague, reports in the publication of the Reich Research Council: “By prolonged breathing of oxygen, human beings should theoretically be kept fully fit up to 13 kilometers. In practice, the limit is around 11 kilometers. Experiments which I carried out in this connection proved that with pure oxygen no lowering of the measurable raw energy (ergometer) was noticeable up to 13.3 kilometers. The VP’s merely became unwilling since pains of the body cavities grew too severe, due to the lowering of pressure between body and thin air. When pure oxygen was inhaled bends occurred in all 25 cases only at heights above 14.2 kilometers.”
As practical result of the more than 200 experiments conducted at Dachau, the following can be assumed:
Flying in altitudes higher than 12 kilometers without pressure-cabin or pressure-suit is impossible even while breathing pure oxygen. If the airplane pressure-machine is damaged at altitudes of 13 kilometers and higher, the crew will not be able to bail out of the damaged plane themselves since at that height the bends appear rather suddenly. It must be requested that the crew should be removed automatically from the plane, for instance, by catapulting the seats by means of compressed air. Descending with opened parachute without oxygen would cause severe injuries due to the lack of oxygen, besides causing severe freezing; consciousness would not be regained until the ground was reached. Therefore the following is to be requested: 1. A parachute with barometrically controlled opening. 2. A portable oxygen apparatus for the jump.
For the following experiments Jewish professional criminals who had committed race pollution were used. The question of the formation of embolism was investigated in 10 cases. Some of the VP’s died during a continued high-altitude experiment; for instance, after one-half hour at a height of 12 kilometers. After the skull had been opened under water an ample amount of air embolism was found in the brain vessels and, in part, free air in the brain ventricles.
To find out whether the severe psychic and physical effects, as mentioned under No. 3, are due to the formation of embolism, the following was done: After relative recuperation from such a parachute descending test had taken place, however, before regaining consciousness, some VP’s were kept under water until they died. When the skull and the cavities of the breast and of the abdomen had been opened under water, an enormous amount of air embolism was found in the vessels of the brain, the coronary vessels, and the vessels of the liver and the intestines, etc.
That proves that air embolism, so far considered as absolutely fatal, is not fatal at all, but that is reversible as shown by the return to normal conditions of all the other VP’s.
It was also proved by experiments that air embolism occurs in practically all vessels even while pure oxygen is being inhaled. One VP was made to breathe pure oxygen for 2½ hours before the experiment started. After 6 minutes at a height of 20 kilometers, he died and at dissection also showed ample air embolism, as was the case in all other experiments.
At sudden decreases in pressure and subsequent immediate falls to heights where breathing is possible, no deep reaching damages due to air embolism could be noted. The formation of air embolism always needs a certain amount of time.
[Signed] Dr. Rascher
PARTIAL TRANSLATION OF DOCUMENT NO-402
PROSECUTION EXHIBIT 66
LETTER, 29 SEPTEMBER 1942, AND REPORT, 28 JULY 1942, FROM ROMBERG AND RUFF TO HIMMLER CONCERNING EXPERIMENTS ON RESCUE FROM HIGH ALTITUDES
German Aviation Research Institute
Berlin-Adlershof, Rudower Ch. 16-25
[Stamp] Secret
To the Reich Leader SS
Berlin SW 11
Prinz-Albrechtstr. 8
Your Ref.
Your communication of DVL-Ref. Day
R/Ru/Ko 2098/42, 22 September 1942
Military Secret
Re: Report “Experiments on Rescue from High Altitudes”
| [handwritten] | to files |
| B [initial] |
Enclosed we submit copies Nos. 2, 3, and 4 of the report “Experiments on Rescue from High Altitudes” for your files.
German Aviation Research Institute
per procura
[Signed] Dr. Romberg
L. Ruff
[handwritten]
Report-3-received 2 November
[Signed] Sievers, SS Oberfuehrer
3 enclosures
Personal Staff Reich Leader SS 29 September 1942
Diary No. 1348/42 To RF
[handwritten] 1943
Top Secret [stamp]
Experiments on Rescue from High Altitudes.[[24]]
| Abstract: | A report is to be made on experiments in which the possibility of rescue from high altitudes in the low-pressure chamber is studied. Experiments were made at parachute sinking speeds up to 15 km. [49,200 ft.] without oxygen, and up to 18 km. [59,100 ft.] with oxygen breathing, as well as falling experiments speeds up to 21 km. [68,900 ft.] altitude with and without oxygen. The results with practical significance will be discussed below. | ||
| Organization: | I. | Introduction and statement of the problem. | |
| II. | Procedure of the experiment. | ||
| III. | Results of the experiment. | ||
| | 1. Descending experiments without | O2 breathing. | |
| | 2. Descending experiments with | O2 breathing. | |
| | 3. Falling experiments without | O2 breathing. | |
| | 4. Falling experiments with | O2 breathing. | |
| IV. | Discussion of the results. | ||
| V. | Conclusions from the results. | ||
| VI. | Summary. | ||
| Bibliography. | |||
| The report includes 28 pages with 3 figures and 6 tables. | |||
German Aviation Research Institute
For the Institute
[signed]: L. Ruff
The Authors:
[Draft copy signed by] Dr. Rascher
Stabsarzt der Lw.
[signed] Dr. Romberg.
Berlin, Adlershof, 28 July 1942.
Rf 401/20
[page 2 of original]
I. Introduction and Statement of the Problem
It is theoretically possible for man to reach as high altitude as he may wish in an aircraft with a pressure cabin. However, the question must be settled as to what results or effects the destruction of the pressure cabin will have upon the human being, who in such cases is exposed in a few seconds to the low air pressure and thereby to the lack of oxygen, which is characteristic of high altitude. Of particular practical interest is the question from what altitudes and by what means the safest rescue of the crew can be made. In the work at hand, a report is presented on experiments in which the various possibilities of rescue were studied under special experimental conditions. Since the urgency of the solution of the problem was evident, it was necessary, especially under the given conditions of the experiment, to forego for the time being the thorough clearing up of purely scientific questions.
II. Procedure of the Experiment
The experiments were carried on in a portable low-pressure chamber with equipment for explosive decompression. The performance of this apparatus limited the highest altitude attainable to about 21,000 meters [68,900 feet].
In this experimental series, which was to clarify the possibilities of rescue from high altitudes, the experiments, simulating actual conditions, were carried out in such a way that rescue with parachute unfolded (designated as descending experiments) and with parachute folded (designated as falling experiments) were studied sometimes with and sometimes without oxygen breathing. Since the altitude or posture of the body is of essential significance for the demands made by the lack of O2 on the circulation, the experiments were carried out in sitting and prone positions; and, in descending experiments, in a suspended
[page 3 of original]
position in a parachute harness corresponding to the actual position. For purposes of demonstration certain of the experiments were recorded on film. Electrocardiograms were made of several experiments in the experimental series. Oxygen was breathed out of the customary low-pressure apparatus with continuous flow at altitudes over 10 km. [32,800 ft.]. The following experimental sequence was chosen:
| 1. | Descending experiments without | O2 breathing. |
| 2. | Descending experiments with | O2 breathing. |
| 3. | Falling experiments without | O2 breathing. |
| 4. | Falling experiments with | O2 breathing. |
The sinking and falling times which were used in the experiments are tabulated in figures 1 and 2. [Figure 2 not reproduced.]
III. Results of the Experiments
1. Sinking experiments without oxygen breathing
Since a thoroughly dependable parachute oxygen apparatus is not yet generally available, experimental tests were made to determine from what altitudes a rescue with open parachute without oxygen is possible. Therefore, sinking experiments were carried out in which the mask was taken off after ascent with O2 (for speed of ascent of the chamber see fig. 1), and, after a waiting period of 10 seconds the sinking was begun.
In the experiment no altitude sickness occurred at 9 km. [29,500 ft.] as was expected.
In the sinking experiments, from 10 km. [32,800 ft.] altitude, typical altitude sickness occurred after about 2 minutes, i. e., at an altitude of about 8.6 km. [28,200 ft.], which was indicated by a very pronounced scrawling in the writing test. However, no loss of consciousness occurred. (Kloos’ writing test.)
[page 7 of original]
The experiments from 12 to 15 km. altitude were made partly during suspension in a parachute harness, partly in a sitting position, and partly in a prone position. These experiments show that the body attitude has a very essential influence on the tolerance for a high degree of lack of oxygen. Since, besides this, every bodily exertion is of great importance, in one portion of the experiments six knee bends were made by the subject during the waiting period before beginning the descent. These six knee bends consisted of three knee bends while breathing oxygen followed by deep inhaling and holding of the breath, and then three more knee bends without oxygen breathing. This procedure was chosen in order not to neglect the bodily work involved in an actual parachute jump. The descending experiments from 12 km. [39,400 ft.] altitude yielded the following average times:
Table 1
| Descending experiment | Unconsciousness | Recovery of consciousness |
| from 12 km. [39,400 ft.] | after— | after— |
| Sitting without knee bends | 1′39″ = 10.85 km. | 6′38″ = 7.45 km. |
| [35,600 ft.]. | [24,440 ft.]. | |
| Sitting after 6 knee bends | 55″ = 11.4 km. | 6′55″ = 7.25 km. |
| [37,400 ft.]. | [23,786 ft.]. | |
| Suspended in parachute harness | 37″ = 11.65 km. | 7′40″ = 6.77 km. |
| [38,220 ft.]. | [22,212 ft.]. | |
It is to be noted in connection with the stated time and altitude values that the beginning of unconsciousness, or of the recovery, was calculated from the withdrawal of oxygen, while in most experiments the sinking or free fall was begun at the expiration of the 10-second waiting period. Since in addition to this the stages of altitude were read off at the moment of unconsciousness, small variations from the times given in figs. 2 and 3 [not reproduced] are possible
[page 8 of original]
since, especially in the falling experiments, variations occurred because of the somewhat crude valve control. These variations, however, are small and may be overlooked since in any case the fall and sinking time under practical conditions are dependent on the flying attitude at the moment of the leap from the catapult seat. In addition to this, the calculated fall and sinking time are influenced to a high degree under actual conditions by weight and air resistance.
It should be kept in mind in regard to the experiments conducted in the sitting position that the subjects fell over at the beginning of unconsciousness and so passed the critical time of greatest load on the circulatory system in a prone position, while those suspended in the parachute harness remained throughout the experiment in a vertical position, the most unfavorable position for loading the circulatory system.
Figure 1. Speed of ascent in the portable low-pressure chamber.
In the writing test shown above [not reproduced] the occurrence of altitude sickness in a sinking experiment for 12 km. [39,400 ft.] altitude is shown in this manner: For example, after 1 minute and 20 seconds at 11 km. [36,100 ft.] altitude, the writing is interrupted because of sudden altitude sickness with unconsciousness, and is resumed after 4½ minutes at an altitude of 8.8 km. [28,870 ft.], with erroneous writing. At 8.3 km. [27,230 ft.] altitude the writing becomes free of errors. This is worthy of special attention because in this case a person has fully recovered mentally at an altitude of 8.3 km. [27,230 ft.], after 3 minutes of the most severe lack of oxygen, while in altitude endurance experiments at this altitude severe altitude sickness sets in after about 3 minutes. Here we are dealing with a process which in any case is very favorable but which is not yet entirely clear and which was already observed in earlier experiments of parachute jumps from great altitudes. Still, it appears from this that a rather long oxygen lack at altitudes up to 13 km. does not present any great strain in
[page 12 of original]
the sense of using the last reserves, but, on the contrary, the human organism seems to react to this loading with a certain increase in resistance to altitude.
In descending experiments from 13 km. [42,700 ft.] altitude the waiting time of 10 seconds was retained, but on the other hand exertion in the form of knee bends was omitted since technical difficulties interfered with this procedure.
The experiments involving suspension could be done only in the large low-pressure chamber, since suspension was impossible in the small low-pressure chamber for reasons of space. Therefore, the ascent to 13 km. [42,700 ft.] altitude was carried out slowly in the main chamber (without explosive decompression) so that when 13 km. [42,700 ft.] was reached a certain oxygen lack existed. With this oxygen lack the knee bends would have presented a great burden which would have falsified too greatly the results of the experiment. The same conditions were also given in further experiments at higher altitudes in the main chamber. For this reason, the 13 km. [42,700 ft.] descending experiments were carried out partly in the sitting position, partly in the sitting position strapped in, and partly suspended. They yielded the following average data:
Table 2
| Descending experiment | Unconsciousness | Recovery of consciousness |
| from 13 km. [42,700 ft.] | after— | after— |
| Seated (lying during unconsciousness) | 50″ = 12.4 km. | 8′ 12″ = 7.2 km. |
| [40,672 ft.]. | [23,620 ft.]. | |
| Seated strapped in | 35″ = 12.6 km. | 10′ 30″ = 5.85 km. |
| [41,340 ft.]. | [19,190 ft.]. | |
| Suspended | 20″ = 12.8 km. | 19′ = 1.6 km. |
| [41,980 ft.]. | [5,250 ft.]. |
[page 13 of original]
Since in unfavorable cases in these experiments, namely while suspended, recovery of consciousness did not occur until 1.6 km. [5,250 ft.] altitude, it had to be concluded that in jumps from altitudes over 13 km. [42,700 ft.], recovery of consciousness would follow only after 0 km., which would mean that in an actual situation the landing would be made in an unconscious condition. This raised the question of a safe means of rescue.
Descending experiments were made in larger numbers from 15 km. altitude, since it became evident that at this altitude the approximate limits for what was possible in emergencies had already been reached or essentially surpassed. After an ascent made as rapidly as possible, using oxygen apparatus with free flow, the mask was removed immediately upon attaining 15 km. [49,200 ft.] altitude and the descent was begun. Since the results of these descending experiments were very typical and especially impressive it is necessary to present one of these experiments in detail. The record of an experiment is represented as follows:
| 15 km. [49,200 ft.] | Lets the mask fall, severe altitude sickness, clonic convulsions. |
| 14.5 km. [47,560 ft.] 30 sec. | Opisthotonus. |
| 14.3 km. [46,900 ft.] 45 sec. | Arms stretched stiffly forward; sits up like a dog (“Pfoetchenstellung”), legs spread stiffly apart. |
| 13.7 km. [44,950 ft.] 1 min. 20 sec. | Suspended in opisthotonus. |
| 13.2 km. [43,310 ft.] 1 min. 50 sec. | Agonal convulsive breathing. |
| 12.2 km. [40,030 ft.] 3 min. | Dyspnea, hangs limp. |
| 7.2 km. [23,620 ft.] 10 min. | Uncoordinated movements with the extremities. |
| 6 km. [19,690 ft.] 12 min. | Clonic convulsions, groaning. |
| 5.5 km. [18,040 ft.] 13 min. | Yells loudly. |
[page 14 of original]
| 2.9 km. [9,520 ft.] 18 min. | Still yelling, convulses arms and legs, head sinks forward. |
| 2-0 km. [6,560-0 ft.] 20-24.5 min. | Yells spasmodically, grimaces, bites his tongue. |
| 0 km. | Does not respond to speech, gives the impression of someone who is completely out of his mind. |
| 5 min. (after reaching ground level). | Reacts for the first time to vocal stimulation. |
| 7 min. | Attempts upon command to arise, says in stereotyped manner: “No, please”. |
| 9 min. | Stands up on command; severe ataxia; answers to all questions: “Just a minute”. Tries spasmodically to recall his birth date. |
| 10 min. | Typical stereotypes of attitude and movement (catatonia); mumbles number to himself. |
| 11 min. | Holds his head turned convulsively to the right; tries repeatedly to answer the first question concerning his birth date. |
| 12 min. | Questions of the subject: “May I slice something?” (Note: In civilian work he was a delicatessen clerk.) “May I pant, will it be all right if I inhale?” Breathes deeply, then says, “All right, thank you very much.” |
| 15 min. | On being ordered to walk, steps forward and says: “All right, thank you very much”. |
| 17 min. | Gives his name; says he was born in 1928 (born 1 November 1908). Experimenter asks: “Where?” “Something 1928” “Profession?” “28—1928”. |
| 18 min. | “May I inhale?” “Yes.” “I am content with that.” |
| 25 min. | Still the question continues: “Pant?” |
| 28 min. | Sees nothing; runs against open window sash upon which the sun is shining, so that large lump is formed on his forehead; says: “Excuse me please.” No expression of pain. |
[page 15 of original]
| 30 min. | Knows his name and place of birth. Upon being asked for the day’s date: “1 November 1928”. Shivering of the legs; stupor continues; cannot be frightened by the report of a shot. Dark objects are still not discerned; subject bumps against them. Is aware of bright light; knows his profession; spacially disoriented. |
| 37 min. | Reacts to pain stimuli. |
| 40 min. | Begins to observe differences. Falls continually into his previous speech stereotypes. |
| 50 min. | Spacially oriented. |
| 75 min. | Still disoriented in time; retrogressive amnesia over 3 days. |
| 24 hours | Normal condition again attained; has no recollection of the experiment itself. |
The events of the descending experiments from 15 km., as shown here through this example, repeated themselves in a similar way in all the rest of the experiments. The average data from 20 experiments with 15 different subjects are as follows:
Table 3
| Clear | |||
| 15 km. | Unconsciousness | Subconscious awakening | consciousness |
| [47,200 ft.] | after— | movements | at 0 km. |
| Suspended | 16″ = 14.7 km. | 20½′ = 1.8 km. | |
| [48,220 ft.]. | [5,910 ft.]. | 18′-90′ | |
| Lying | 20″ = 14.6 km. | 14′ = 5 km. | 15′-80′ |
| [47,890 ft.]. | [16,400 ft.] |
Unconsciousness after discontinuation of oxygen occurs following a short motor restlessness with severe altitude sickness, whereupon light spasmodic and then very severe tonic convulsions follow in a condition of complete unconsciousness. These tonic convulsions lasting virtually a minute are followed rather suddenly by a phase of complete
[page 16 of original]
flacidity with a drop in breathing rate and transition to convulsive breathing with 3 to 4 breaths per minute until complete cessation of breathing of 45 seconds duration (post-hypoxemic pseudo-death—Lutz). Then follows a period of improvement in breathing, until the first subconsciousness movements announce the gradual recovery of consciousness, during which, nevertheless, the higher mental functions are temporarily entirely absent. Further recovery proceeds slowly during the course of the following ½ to 1½ hours as may be seen from the above case record. During the time of complete unconsciousness, there was defecation and urination in the case of most subjects, increased salivation and, in some cases, vomiting.
Here we obviously have the conditions which Lutz and Wendt in their animal experimentation which is referred to in greater detail later found in falling experimentation with O2 breathing and designated as “post-hypoxemic twilight state” (“Posthypoxaemischen Daemmerzustand”) since we are dealing with a slow recovery of consciousness, especially also in view of the mental behavior of the experimental subjects. The post hypoxemic pseudo-death observed by Wendt and Lutz was not found in any experiments in the form which they had observed. The severe condition described above we could designate as hypoxemic pseudo-death only because it was limited to the period of the most severe O2 lack (on the average, between 13.3 and 12.3 km.).
In spite of the relatively large number of experiments, the actual cause of the severe mental disturbances and bodily failures (paralysis, blindness, etc.) attendant upon post-hypoxemic twilight state remains something of a riddle. It appeared often as though the phenomena of pressure drop sickness had combined with the results of severe oxygen lack. In this connection, the subjective accounts made by the authors in two experiments each were interesting. In the case of Ro. during a half hour stay at 12 km. [39,400 ft.] with oxygen,
[page 17 of original]
only the usual pains attendant with bends occurred. In a further experiment with a stay of 40 minutes duration at an altitude of between 13 [42,650 ft.] and 13.5 km. [44,290 ft.] there developed very gradually a condition of weakness, combined with a peculiar headache, which then led to a considerable slackening of strength in the arms and hands. As a result of this, Ro. could no longer hold the breathing mouthpiece (for special reasons in these experiments, Ro. had to breathe with a mouthpiece and nose clamp) so that it slid out of his mouth. All these phenomena were still clearly observed by Ro. Ra. returned the mouthpiece to Ro. However at this point Ro. failed rather suddenly with paleness, strong cyanosis of the lips and complete unconsciousness. After Ro. had regained clear consciousness through descent and sufficient O2 breathing, he determined the existence in himself of a complete paralysis of the legs, weakness of the arms and severe disturbances of vision. These serious disturbances developed although the time of oxygen lack and unconsciousness had lasted only about 5 seconds. Following descent soon after this to 0 km., the paralysis of the legs continued for about 5 minutes more and the very severe visual disturbances only cleared up after 2 hours. While this episode of Ro.’s occurred in an experiment at a special altitude, the disturbances occurred in Ra. at an altitude of between 12 [39,400 ft.] and 13 km. [42,700 ft.] while he was breathing sufficient oxygen with a mask and continuous flow into the circuit. After 10 minutes stay at this altitude, pains began on the right side with a spastic paralytic condition of the right leg which increased continually as though Ra.’s whole right side were being crushed between two presses. At the same time there were most severe headaches as though the skull were being burst apart. The pains became continually more severe so that at last the discontinuation of the experiment became necessary. The pains disappeared when ground level was reached while the disturbances of the right leg continued about 5 minutes more. Shortly before the
[page 18 of original]
second experiment, Ra. took two tablets of “Antineuralgica” (a coal tar derivative) and two tablets of pervitin. In the course of the experiments there occurred only light pains in the right arm and leg, moderate headaches, but a very severe uncontrollable urge to cough, actually less severe difficulties than in the foregoing experiment, although this one was made at 1,000 m. [3,280 ft.] higher.
Ro. experienced disturbances which in quality resembled the severe disturbances in the 15 km. [49,200 ft.] sinking experiment, although the degree of oxygen lack in this experiment was negligible in comparison to the 15 km. [49,200 ft.] experiment, so that the idea of a combination of pressure drop phenomena with the phenomena of oxygen lack is definitely suggested.
2. Descending experiments with O2 breathing
Since obviously the utmost limits of these experiments had been reached with the descending experiments from 15 km. [49,200 ft.] without oxygen breathing, descending experiments with oxygen breathing were conducted from greater heights.
In the experiments, the following experimental procedure was chosen: ascent to 8 km. [26,300 ft.], remaining there 5 to 10 minutes with oxygen breathing; then turning on the oxygen blower explosive decompression to a predetermined altitude; 10 seconds waiting time (experiments from 17 [55,800 ft.] and 18 km. [59,100 ft.], altitude without waiting time) and descent at sinking speed. In order to imitate the perpendicular body position as occurs in suspension in a parachute harness, the experimental subjects had to stand during the experiments since suspension was not possible in the small decompression chamber.
In the descending experiments from 15 km. [49,200 ft.] altitude there was no altitude sickness or only a slight temporary kind. In the further descending experiments, the following results were obtained (Table 4):
[page 19 of original]
Table 4.—Descending experiments with oxygen breathing
| Unconsciousness | From— | Recovery of |
| after— | consciousness after— | |
| 23 sec. = 15.75 km. | 16 km. [52,500 ft.] | 2 min. 35 sec. = 13.55 km. |
| [51,660 ft.] | [44,460 ft.] | |
| 10 sec. = 16.8 km. | 17 km. [55,800 ft.] | 3 min. 50 sec. = 13 km. |
| [55,120 ft.] | [42,700 ft.] | |
| 7 sec. = 17.9 km. | 18 km. [59,100 ft.] | 10 min. 35 sec. = 8.5 km. |
| [58,740 ft.] | [27,890 ft.] |
Thus it was shown that unconsciousness developed relatively early in spite of oxygen breathing, while the following convulsive stage ran its course in a much less severe form than in the experiments without oxygen breathing. Primarily spasmodic convulsions with only occasionally light tonic convulsions developed. Breathing paralysis never set in and upon recovery of consciousness the experimental subjects were again completely in control of themselves. The markedly quick development of unconsciousness was caused by the fact that the subjects were standing during the experiments (to be considered in comparison with the corresponding times in the falling experiments with oxygen breathing). Descending experiments from still greater altitudes were not undertaken, since in practice there is no need to escape from such altitudes with open parachute and thus to expose oneself to the danger of severe freezing.
3. Falling experiments without oxygen
Since the results of falling experiments from 12 km. altitude were known from earlier experimentation and indeed descending experiments up to 15 km. [49,200 ft.] without oxygen had been conducted within the scope of this work, falling experiments were begun at an altitude of 14 km. [45,900 ft.], in order not to increase unnecessarily the number of experiments.
[page 20 of original]
The ascent preceded by explosive decompression from 8 to 14 and 15 km. altitude, in which the ascent to 8 km. was made with oxygen and the explosive decompression with continuous flow, followed after 5 to 10 minutes waiting time. After the removal of the oxygen mask directly in connection with the explosive decompression, five knee bends were made during the waiting period of 10 seconds, then descent at free fall speed. During the explosive decompression the oxygen supply was interrupted from the outside. The results of these experiments were (Table 5):
Table 5.—Falling experiments without O2 breathing
| Unconsciousness | From— | Recovery of consciousness |
| after— | after— | |
| 30 sec. = 13.2 km. | 14 km. | 65 sec. = 9.7 km. |
| [43,310 ft.] | [45,900 ft.] | [31,830 ft.] |
| 28 sec. = 14.3 km. | 15 km. | 96 sec. = 7.6 km. |
| [46,900 ft.] | [49,200 ft.] | [24,940 ft.] |
The further experiments up to 20 km. [65,600 ft.] altitude were made with the same procedure as those up to 15 km. [49,200 ft.], although without knee bends during the waiting period of 10 seconds, since unconsciousness would have occurred too soon as a result of the knee bends and the experimenters had become convinced that rescue from these altitudes would have to be brought about by abandonment of the aircraft without bodily exertion (catapult seat).
(Table 5—Continued)
| Unconsciousness | From— | Recovery of consciousness |
| after— | after— | |
| 32 sec. = 14.7 km. | 16 km. | 118 sec. = 6.6 km. |
| [48,220 ft.] | [52,500 ft.] | [21,650 ft.] |
| 27 sec. = 15.9 km. | 17 km. | 126 sec. = 6.3 km. |
| [52,150 ft.] | [55,800 ft.] | [20,660 ft.] |
[page 21 of original]
| Unconsciousness | From— | Recovery of consciousness |
| after— | after— | |
| 23 sec. = 17 km. | 18 km. | 156 sec. = 4.6 km. |
| [55,800 ft.] | [59,100 ft.] | [15,090 ft.] |
| 20 sec. = 18.5 km. | 19 km. | 173 sec. = 3.7 km. |
| [60,700 ft.] | [62,300 ft.] | [12,140 ft.] |
| 17 sec. = 19.75 km. | 20 km. | 178 sec. = 3.2 km. |
| [61,520 ft.] | [65,600 ft.] | [10,500 ft.] |
| 15 sec. = 20.875 km. | 21 km. | 1 min., 10 sec. after |
| [68,490 ft.] | [68,900 ft.] | reaching 0 m. |
From 21 km. [68,900 ft.] altitude only one experiment was made in this series, just as in the falling experiments, with oxygen breathing since the pumps achieved the evacuation of the main chamber necessary for a pressure drop to 21 km. altitude only after hours of overloading and the fact that the mercury barometer used in these experiments had its limit of measurement at this altitude. The two experiments were considered only as an orientation on the behavior of the human organism at this altitude at which the ebullition point of the blood had already been far surpassed. A systematic working over of these altitudes must be carried on with perfected measuring instruments and a two-stage pump aggregate in a new experimental series.
The result of this falling experiment from 21 km. altitude was made unreliable through the fact that the subject experienced a paralysis of breathing from 11 to 7 km., through which his recovery was doubtless greatly delayed. However, no permanent damage occurred.
4. Falling experiments with oxygen breathing
Falling experiments with oxygen breathing were undertaken only in small numbers for crude orientation for the following reasons: The altitude
[page 22 of original]
was limited by the available equipment to a maximum of 21 km. [68,900 ft.], but indeed from this altitude falling experiments without oxygen breathing had already been profitably carried out. It is self-evident that oxygen breathing during parachute jumps from such extreme altitudes greatly increases in any case the chances of success of the jump and, therefore, is to be unconditionally demanded. For that reason it devolved upon the experimenters only to determine to what degree the results of the experiments are influenced by oxygen breathing, especially in regard to the recovery of consciousness, which, of course, followed without oxygen only at relatively low altitudes. As was to be expected, these experiments showed clearly the favorable effect of oxygen breathing. (Table 6):
Table 6.—Falling experiments with oxygen breathing
| Unconsciousness | From— | Recovery of consciousness |
| after— | after— | |
| 21 sec. = 19.5 km. | 20 km. | 87 sec. = 10.55 km. |
| [63,980 ft.] | [65,600 ft.] | [34,620 ft.] |
| 15 sec. = 20.875 km. | 21 km. | 60 sec. = 12.9 km. |
| [68,490 ft.] | [68,900 ft.] | [42,320 ft.] |
The astonishing value of 60 seconds = 12.9 km. [42,320 ft.] for the recovery of consciousness in the 21 km. [68,900 ft.] experiment is explained on the basis that this value was obtained from a single experiment with one subject, who had shown himself in numerous other experiments to be especially resistant to altitude. On the other hand the 20 km. [65,600 ft.] values are the average of a series of experiments.
IV. Discussion of the Results
The descending experiments without oxygen show that the limit for a safe escape with an open parachute lies approximately at a jumping altitude of 13 km. [42,700 ft.], since in a jump from 13 km. [42,700 ft.] recovery of consciousness occurred only at an altitude of 1.6 km. [5,250 ft.], and so one must already consider the possibilities of landing in an unconscious condition with all the attendant dangers. This still does not take into account the heavy demands made on the body by the cold and the consequent risk. The great effect of the body position during the experiment makes it obvious how severe is the effect of every additional demand. While, for example, in the 13 km. [42,700 ft.], experiment upon a seated subject, recovery of consciousness took place after 8 minutes 12 seconds at an altitude of 7.2 km. [23,620 ft.], the suspended subjects recovered consciousness only after 19 minutes at 1.6 km. [5,250 ft.] altitude. Correspondingly also, unconsciousness occurred in the suspended subjects much more rapidly than in those who were seated. The same observation was made in the 15 km. [49,200 ft.] experiments, and indeed those who went through the experiment lying down could already state name and birth date immediately upon reaching ground level although they were paralyzed, while those who had been suspended did not respond at all to speech within this time. Except for one mentally very sluggish subject, the return of normal condition occurred much earlier to those who were lying down, namely within 15 minutes. The descending experiments extended to 18 km. [59,100 ft.] altitude with oxygen breathing showed that, except for the danger of cold, escape with an open parachute is possible from these altitudes even though, practically, no need exists for it.
Before we go into a discussion on the falling experiments it seems essential for us to cite the work of Lutz and Wendt on “Animal Experiments on Parachute Jumping from High-Pressure Cabins.” Unfortunately this work was not available to us during these experiments so that we could not build upon the valuable results contained in it and derived from numerous animal experiments, or upon the experience of the authors. Although both authors approach with necessary scepticism the problem of “reaching decisions through animal experimentation upon questions in
[page 24 of original]
which, in the final analysis, the behavior of the human being in identical situations is of exclusive interest,” they could, and had to depend upon the previously proved experience that no fundamental qualitative differences in the manner of reaction to oxygen lack is to be expected between animals and human beings although there are considerable quantitative differences which, in this case, mean temporal differences. However, the results of our experiments show that to some extent quantitative as well as qualitative differences are present to the extent that the above animal experiments must lead to great fallacies which are significant to future developments. This appears especially in a comparison of results obtained with animals with the collective results of human experimentation upon escape from high altitudes through free fall without oxygen. On the basis of animal experiments, Lutz and Wendt were forced to the conclusion that if oxygen is breathed before the pressure drop “jumps from 14 km. [45,900 ft.] altitude can theoretically be survived—at any rate, that is the maximum altitude * * *,” whereas we were able to carry out human experiments up to 21 km. [68,900 ft.] altitude without any harm whatever. In all experiments at 20 km. [65,600 ft.] the subjects recovered clear consciousness with spontaneous control above 3 km. [9,800 ft.], and so within a sufficient altitude for actual parachute jumping. As instructed before the experiment, the subject rang a cowbell hung up in the chamber by pulling a handle (the equivalent of pulling the rip cord) without a new order to do so, so that under actual conditions they would certainly have also pulled the rip cord at the right time.
Experiments with a pressure drop from 4 km. [13,100 ft.] without previous breathing in of oxygen were not carried out by us because we proceeded from the viewpoint that when contact with the enemy is possible, pressure cabin machines fly with a pressure corresponding to 8 km. [26,200 ft.] altitude and, therefore, the crews would already be breathing oxygen in case of a possible pressure drop as a result of damage to the cabin.
[page 25 of original]
Since the falling experiments without oxygen had already given such good results, falling experiments were begun only at 20 km. [65,600 ft.] altitude, and, because of the limitations described above, could be carried out only to 21 km. [68,900 ft.]. In these the results obtained by Lutz and Wendt were fully corroborated in this respect, that jumps from above 21 km. [68,900 ft.] can probably be made without danger, and that ebullition of the blood does not yet take place up to 21 km. [68,900 ft.] altitude. On the other hand in a falling experiment with human beings, neither a post-hypoxemic pseudo-death nor a post-hypoxemic twilight sleep were ever observed (Lutz).
In conclusion, we must make it particularly clear that, in view of the extreme experimental conditions in this whole experimental series, no fatality and no lasting injury due to oxygen lack occurred.
V. Conclusions from the Results
For practical rescues by parachute jump from the highest and higher altitudes the experiments yielded the following:
The parachute jump without oxygen with immediate opening of the parachute is possible up to a jumping altitude of 13 km. [42,700 ft.]; the jump with oxygen equipment can be made at jumping altitudes up to 18 km. [59,100 ft.]. Advice must be given against jumping and immediate opening of the parachute since there is considerable danger of freezing and there is no need to pull the rip cord at high altitudes. However the experimental data give some indication of the chances of the parachute jumper whose parachute has become unfolded from whatever cause.
The jump with a free fall and opening of the parachute at low altitudes can be made without oxygen equipment up to altitudes of 20 km. [65,600 ft.], with oxygen up to 21 km. [68,900 ft.], and probably considerably higher.
In all the experiments at great height, even in experiments with oxygen breathing, unconsciousness occurred extraordinarily rapidly and was naturally preceded by loss of control before that. In one unfavorable case of a subject in the standing position during a descending experiment with oxygen, jumping from an altitude of 18 km. [59,100 ft.], unconsciousness occurred after 7 seconds. One may not count on a longer time than 10 seconds before loss of control occurs at high altitudes even with the body at rest. So within that time the airplane must be abandoned or at least one must activate the ejection seat. The technical solution of this problem must be found through a different approach. It is certain only that it will be impossible to climb out under one’s own power, that one must avoid absolutely all bodily exertion, and that the time must be kept as short as possible. Rescue is still possible from very great heights; the critical part is the abandoning of the aircraft.
Oxygen equipment is absolutely necessary at these altitudes, since it assures the most favorable conditions for the jump. In case of failure of the equipment, loss of the mouthpiece or other mishaps, we still need not count upon serious disturbances or injuries up to 20 km. [65,600 ft.]. Even jumps from 21 km. [68,900 ft.] will go well if there is automatic opening of the parachute through barometrical control at 7 to 4 km. [23,000 to 13,100 ft.] altitude.
The automatic opening is also essential for several other reasons:
1. In particular cases the parachute jumper is not able to regain consciousness at a sufficient altitude above the ground because of collapse or injury.
2. As a result of cold the jumper may be handicapped by immobility of his hands, and thus be hindered in pulling the rip cord.
3. As a result of the unconsciousness resulting from anoxia, the
[page 27 of original]
parachute jumper loses all sense of the time which has elapsed since his jump, as was shown in all experiments, so that it is impossible for him, with failing eyesight, to estimate his altitude.
On the other hand it is desirable, on the basis of the reason adduced under number 3 above, that the opening of the parachute at altitudes above 7 km. [23,000 ft.] be prevented, since very often the parachute jumper would pull the rip cord immediately after recovering from his altitude sickness, which may be too soon and at too high an altitude.
The best conditions for explosive decompression itself and for the seconds elapsing until the appearance of altitude sickness are provided if flying is done at a cabin pressure corresponding to 8 km. [26,300 ft.] and with oxygen breathing.
Since it may become necessary to abandon the aircraft for reasons other than damage to the pressure cabin, the pressure equalization at a predetermined rate must be made possible by means of a valve.
In case abandonment does not appear necessary in spite of the loss of cabin pressure the danger of oxygen lack is still less with the automatic diving control mechanism than in a parachute jump, since the dive may be made with considerably greater rate of descent.
VI. Summary
Experiments were instituted upon the possibility of rescue from altitudes up to 21 km. [68,900 ft.].
Without parachute oxygen equipment, rescue in descending experiments is still possible from 13 km. [42,700 ft.], with equipment, from 18 km. [59,100 ft.]. The danger arising from cold must be considered.
In falling experiments, rescue from 21 km. [68,900 ft.] altitude with and without oxygen was proved possible. Automatic parachute opening is necessary. Ebullition of the blood does not yet occur at 21 km. [68,900 ft.] altitude.
[page 28 of original]
Oxygen must be breathed before explosive decompression. Abandonment must be by means of the ejection seat. The dive to safe altitude offers good possibilities of rescue if abandonment of the plane is not necessary after loss of the cabin pressure.
Bibliography
Lutz and Wendt—“Animal Experiments on Parachute Jumping from High-Pressure Cabins.” Communications in the Field of Aviation Medicine, Research Report 5/42.
Romberg—“The Parachute Jump from Great Heights.” German Aviation Research, Research Report No. 1416.
TRANSLATION OF DOCUMENT 343-A-PS
PROSECUTION EXHIBIT 62
LETTER FROM MILCH TO WOLFF, 20 MAY 1942, REGARDING CONTINUATION OF EXPERIMENTS
Field Marshal Milch
Secret
Berlin W 8, 20 May 1942 Leipzigerstrasse 7
Dear Wolffy!
In reference to your telegram of 12 May our medical inspector reports to me that the altitude experiments carried out by the SS and Air Force at Dachau have been finished. Any continuation of these experiments seems essentially unreasonable. However the carrying out of experiments of some other kind, in regard to perils at high sea, would be important. These have been prepared in immediate agreement with the proper offices; Major (M. C.) Weltz will be charged with the execution and Captain (M. C.) Rascher will be made available until further orders in addition to his duties within the Medical Corps of the Air Corps. A change of these measures does not appear necessary, and an enlargement of the task is not considered pressing at this time.
The low-pressure chamber would not be needed for these low-temperature experiments. It is urgently needed at another place and therefore can no longer remain in Dachau.
I convey the special thanks from the Supreme Commander of the Air Corps to the SS for their extensive cooperation.
I remain with best wishes for you, in good comradeship and with
Heil Hitler!
Always yours
[Signed] E. Milch
SS Obergruppenfuehrer Wolff
Berlin SW 11.
TRANSLATION OF DOCUMENT 343-B-PS
PROSECUTION EXHIBIT 70
LETTER FROM MILCH TO HIMMLER, 31 AUGUST 1942, ACKNOWLEDGING RECEIPT OF REPORTS BY RASCHER AND ROMBERG ON HIGH-ALTITUDE EXPERIMENTS
Field Marshal Milch
Berlin, W 8, 31 Aug. 1942 Leipzigerstrasse 7
Dear Herr Himmler!
I thank you very much for your letter of 25 August. I have read with great interest the reports of Dr. Rascher and Dr. Romberg. I am informed about the current experiments. I shall ask the two gentlemen to give a lecture combined with the showing of motion pictures to my men in the near future.
Hoping that it will be possible for me to see you on the occasion of my next visit to Headquarters, I remain with best regards and
Heil Hitler!
Yours,
[Signed] E. Milch
Reich Leader SS and Chief of the German Police Himmler
Berlin SW 11.
TRANSLATION OF DOCUMENT NO-289
PROSECUTION EXHIBIT 72
LETTER FROM HIPPKE TO HIMMLER, 8 OCTOBER 1942, THANKING THE LATTER FOR HIS ASSISTANCE IN HIGH-ALTITUDE EXPERIMENTS IN DACHAU
Berlin W 8, 8 October 1942 Leipziger Str. 7
Telephone 52 00 24
To the Chief of the German Police, Reich Fuehrer SS Himmler, Berlin SW. 11, Prinz Albrecht Str. 8
Subject: Letter 1309/42 of 25 August 1942 to State Secretary Milch concerning experiments for rescue from high altitudes.
Very honored Reich Leader SS,
In the name of German research on aviation medical problems, I beg to thank you very obediently for the great help and all the interest shown in the Dachau experiments; these experiments form a complement which is, for us, of great value and importance.
The fact that an atmosphere with so little oxygen can be endured at all for some time is most encouraging for further research.
It is true that no conclusions as to the practice of parachuting can be drawn for the time being, as a very important factor, namely cold, has so far not yet been taken into consideration; it places an extraordinary excess burden on the entire body and its vital movements, so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments.
In the meantime the supplementary tasks required now have been begun. In part they will have to be finished only after completion of the new Research Institute for Aviation Medicine of the Reich Air Ministry in Tempelhof, whose low-pressure chamber will include all cold generating apparatus and also an installation for producing conditions at a height of 30 kilometers.
Freezing experiments in another direction are, in, part, still being made at Dachau.
When the work will need once more your sympathetic assistance, may I be allowed to get in touch with you again through Stabsarzt Dr. Rascher?
Heil Hitler
[Signed] Prof. Dr. Hippke
TRANSLATION OF DOCUMENT NO-224
PROSECUTION EXHIBIT 76
NOTE BY ROMBERG ON SHOWING OF FILM IN OFFICE OF STATE SECRETARY MILCH, AND PROPOSED REPORT TO MILCH, 11 SEPTEMBER 1942
On 11 September 1942, at 9:45 o’clock, Stabsarzt Dr. Rascher and Dr. Romberg met, according to telephonic and oral agreements with Colonel Pendele, in the antechamber of the State Secretary. We were informed that the State Secretary had ordered this conference at the present stage, in the course of which a report on experiments concerning “rescue from great heights” was to be made, and the motion picture concerning these experiments was to be shown. The gentlemen waiting in the antechamber of the State Secretary and in the corridor (most of them from the experimental staff) were informed that previous to the conference a motion picture was to be shown, so that all went to the projection room on the fifth floor. Here quite a large number of people were already present, so that 30-40 persons were there in all. Among them were officers, medical and engineer officers—we know some of them personally—some whose presence surprised us in view of the top secret nature of the motion picture and of the experiments. No checking of the persons present was done, nor was there an attendance list. As, after a short time of waiting, the State Secretary had not come, the motion picture was shown, without giving us an opportunity for preliminary or explanatory remarks. During the intermission between the two parts of the motion picture, Dr. Rascher referred once more to the strict obligation of secrecy ordered by the Reich Leader SS. After completion of the showing of the motion picture—the State Secretary had not come, as he had been summoned to see the Reich Marshal [Goering]—the persons present still talked a little while about the motion picture, on which occasion less interest was shown in the subject itself than in the place of the experiments and the individuals who had been the subjects. After this period of time, during which we were neither called upon to make any statements whatsoever nor were we, considering the great forum and the absence of the State Secretary, inclined to give any reports the greater part of those present went back to the development conference, while Oberstarzt Wuerfler, Oberstarzt Professor Kalk, Stabsarzt Bruehl and Regierungsrat Benzinger asked us to make a report to a small medical circle. As, however, the State Secretary had prohibited that any report be made before the distribution had been decided on, we refused to disclose the results of the experiments. Oberstarzt Kalk stated that he was willing to report to the State Secretary our wishes concerning the distribution of the report and the continuation of the experiments. The film was handed to Colonel Vorwald.
According to the conference with Obersturmbannfuehrer Sievers, I tried to get the film back on the same day, but Colonel Vorwald was still at the development conference. When I telephoned the next day and requested that the film be handed back, Colonel Vorwald declared that he would like to keep the film until after Sunday, 13 September, since on this day the Reich Marshal was coming and might perhaps desire to see the film. Accordingly, I let Colonel Vorwald keep the film for that day. On 14 September, I went to fetch the film from Colonel Vorwald, and was informed that it had not been shown. On the same day I spoke with Stabsarzt Bruehl, who informed me that Oberstarzt Kalk had transmitted, still on 11 September, our wishes concerning distribution and confirmation of the experiments to the State Secretary. The State Secretary had approved the distribution schedule, and said that a continuation of the experiments was not urgent. A few days later the distribution schedule accepted by the State Secretary was sent to the German Aviation Research Institute by Colonel Pendele, and the report was subsequently transmitted by the Institute to the offices concerned. Since that time I have not received any news either concerning the film or concerning the report.
[Signed] Dr. Romberg
TRANSLATION OF DOCUMENT 1612-PS
PROSECUTION EXHIBIT 79
LETTER FROM RUDOLF BRANDT TO RASCHER, 13 DECEMBER 1942, AND HIMMLER’S ORDER ASSIGNING RASCHER TO HIGH-ALTITUDE EXPERIMENTS
The Reich Leader SS
| Field Command Post | |||
| [Rubber stamp]: | Personal Staff of Reich Leader SS | ||
| Documentation Section | |||
| File No.: Confidential | |||
| Field Command Post, 13 December 1942 | |||
| The Reich Leader SS | |||
| Personal Staff | |||
| Journal No. 19/10/43 g, Bra/Secret | |||
| 1. | Hauptsturmfuehrer Dr. med. Rascher [illegible] * * * SS | ||
| 2. | Reich Leader SS Berlin | ||
| 3. | Medical Office in SS Fuehrungshauptamt (SS Operational Main Office) Berlin | ||
| 4. | SS Obergruppenfuehrer Pohl, Berlin | ||
| 5. | Ahnenerbe Berlin-Dahlem | ||
Enclosed I am sending you a letter of the Reich Leader SS (copy of same) with an order for SS Hauptsturmfuehrer Dr. Rascher.
You are requested to duly note and accord needed assistance to Hauptsturmfuehrer Dr. Rascher in the carrying through of his experiments.
By order
[Initialed] B.
SS Obersturmbannfuehrer
| Prinz Albrechtstrasse | |||
| [Rubber stamp] | Personal Staff of Reich Leader SS | ||
| Documentation Section | |||
| Journal No.: Confidential | |||
SS Hauptsturmfuehrer Dr. Rascher is being assigned by me to carry through the following experiments:
1. Low-pressure chamber experiments—to be carried out under conditions corresponding to those actually prevailing under normal operating conditions—for rescue from high and extremely high altitudes. Determination of changes in chemical equilibrium, as well as gas equilibrium of human body. Experiments are to be repeated until a scientifically incontestable basis for findings is established. Testing of pressure-proof protection garments for the highest altitudes to be carried out with the assistance of manufacturers of such protective suits.
2. Tests for reimparting warmth after total chilling of the human body, recording all changes of chemical and gas characteristics, are to be further continued until complete clarification of doubtful questions. I attach particular value to conditions for experiments coming as close to actual conditions as possible, particularly as regards reimpartation of warmth. Sauna equipment available in Dachau should be used in connection with experiments on reimpartation of warmth.
3. Experiments on removal of effects due to freezing of parts of human system, especially the extremities, to be carried through in suitable form (e. g. applications with Gastein water).
4. Experiments concerned with adaptation to freezing cold in snow huts (igloos) to be carried out under varying diets in order to establish whether adaptation to cold [German text says “Gewaehrung”, i. e. consent, which evidently is a typographical error] and resistance increase against freezing is possible. These experiments are to be carried out on the site of the SS Mountain Retreat Sudelfeld.
5. The procurement of the apparatus needed for all the experiments should be discussed in detail with the offices of the Reicharzt SS, of the SS Main Office for Economic Administration and with the Ahnenerbe. The necessary chemical products, medical supplies, and glassware will be made available by the SS Medical Office, Berlin.
6. Publication of results obtained in such tests subject to my approval only.
[Signed] H. Himmler
EXTRACTS FROM THE TESTIMONY OF TRIBUNAL WITNESS WALTER NEFF[[25]]
EXAMINATION BY PROSECUTION
Mr. McHaney: * * * When did the high-altitude experiments begin in Dachau?
Witness Neff: The first high-altitude experiments were on 22 February 1942. The so-called low-pressure chambers had been brought in earlier and dismounted. The exact time when the chambers came is not known to me.
Q. Why do you remember the date when the first experiments were made in the low-pressure chambers so well?
A. The 22d of February is my birthday and the tubercular patients gave a party for me. On that date the experiments started, and that is why I remember the date.
Q. Will you tell the Tribunal who worked on these experiments?
A. The experiments were conducted by Dr. Rascher and Dr. Romberg. Ten prisoners were selected and were taken to the station as permanent experimental subjects; and they were told that nothing would happen to them. In the beginning, the first 3 weeks, the experiments went off without incident. One day, however, Rascher told me the next day he was going to make a serious experiment and that he would need 16 Russians who had been condemned to death, and he received these Russians. Then I told Rascher that I would not help, and I actually got Rascher to send me away to the tubercular ward. On that day I know for certain that Rascher’s SS man Endres or other SS men conducted these experiments. Dr. Romberg was not there that day. The SS man Endres took the Russian prisoners of war to Rascher and in the evening the parties were taken out. On the next day when I returned to the station, Endres was already there and he said that two more, two Jews, would be killed. I am quoting what he said. I left the station again, but I watched to see who would be taken for the experiments. I saw the first one getting into the car. I could only see his profile. It seemed familiar to me. I knew that man worked in the hospital as a tailor. I tried to find out if it was really that man. I went to the place where he worked, and I was told that Endres had just taken the man away. The first person that I informed was Dr. Romberg whom I met in the corridor. I told Romberg that this was not a person who had been condemned to death, that this was a clear case of murder on the responsibility of Endres. Romberg went with me to see Rascher to clear the matter up, but it was discovered that Endres had put this man in the experimental car because he had refused to make a civilian suit for him. Rascher sent the man back; Endres went with him and remarked: “Well, then you will get an injection today.” I must say that Rascher interfered once more and put the man in safety into the bunker. In the meantime, Endres had brought a second man up, a Czech, whom I knew very well. Again it was Romberg together with me who talked to Rascher to stop this experiment or to inquire why a man like Endres was simply taking people who had never been condemned to death. Rascher went to the camp commandant, Piorkowski, who personally came to the station and Endres was transferred to Lublin immediately.
And now I come to the subject: it was actually the day on which my comrade and I reached the decision that under all circumstances, no matter what happened, I would not remain at this——
Q. Now, Witness, let me interrupt you just a minute. We will come back and you can tell the full story then.
Presiding Judge Beals: I will ask the Secretary General to turn this book over to counsel for the prosecution, and defense counsel may examine the book.
Mr. McHaney: Now, Witness, before the recess, you had been telling the Tribunal about the high-altitude experiments which you stated began on 22 February 1942, and you had related how early in March Rascher had experimented upon some 15 Russians who were killed and you stated that neither you nor the defendant Romberg were present on that occasion and you then had gone on to relate that an SS man in Dachau named Endres had brought in the tailor at the camp and wanted him to be experimented upon and how you recognized the tailor and interceded with Romberg and had this man returned. Now, before you continue with your story, I would like to put some specific questions to you. It is true, is it not, that concentration camp inmates were experimented on during these high-altitude experiments?
Witness Neff: Yes.
Q. About how many concentration camp inmates were subjected to these high-altitude experiments?
A. There were 180 to 200 inmates who were subjected to the high-altitude experiments.
Q. When, to the best of your recollection, did the high-altitude experiments end?
A. The incident of the dead—I am afraid I didn’t quite get your question. Will you repeat it?
Q. I am asking you, Witness, when the high-altitude experiments ended, that is, when they were completed.
A. During the course of June—maybe the beginning of July, the low-pressure chambers were taken away. I don’t recollect the exact date, however.
Q. And you state that between 22 February 1942 and the end of June, or the beginning of July 1942, approximately 180 to 200 concentration camp inmates were experimented on?
A. Yes.
Q. What nationalities were the experimental subjects?
A. I cannot say that with certainty but I think that approximately all nations were represented there; that is, all nations that were in the camp, mostly Russians, Poles, Germans, and Jews belonging to any nation. I do not remember any other nationalities being represented there.
Q. Were any of these experimental subjects prisoners of war?
A. Yes.
Q. What nationalities were they? Do you recall?
A. They were Russians.
Q. Now, will you tell the Tribunal how these experimental subjects were selected?
A. The experimental subjects who had to be subjected to severe experiments, experiments that would end in death, were requested by Rascher from the camp administration and then furnished by the SS; however, this procedure differed with the so-called series of experiments and a number of other experiments. For those experiments, the people were brought into the experimental station straight from the camp, that is, from the blocks.
Q. Now, did they, to your knowledge, make any effort in the camp to secure volunteers for these experiments?
A. There were certain volunteers for these experiments. That was because Rascher promised certain persons that they would be released from the camp if they underwent these experiments. He sometimes promised them that they would be detailed to more favorable work.
Q. Now, about how many of such volunteers would you say there were for the high-altitude experiments?
A. I do not know the exact number. It was not very high; approximately 10 inmates volunteered for that purpose.
Q. Did these volunteers come one at a time, or did they come in a body, or just how did they present themselves to the experimental stations?
A. Rascher moved around the camp quite a lot and on that occasion the inmates spoke to him.
Q. In other words, the camp officials and Rascher and Romberg made no effort to find volunteers, did they?
A. I don’t know, but I should not think so. I should not think that they made great efforts to get volunteers.
Q. Now, other than these approximately 10 persons who you state presented themselves as volunteers, were all the rest of the experimental subjects simply picked out and brought in and experimented on?
A. Yes.
Q. Were any of these prisoners experimented upon released from the concentration camp because they underwent the experiments?
A. There is only one man who was released after the high-altitude experiments.
Q. And who was that?
A. An inmate with the name of Sobota.
Q. And did Sobota assist Rascher in his experimental work other than simply undergoing the experiment? Was he something in the nature of an assistant to Rascher?
A. No. Sobota was one of those persons who had to undergo most of the experiments and he was also used on one experiment which was conducted in the presence of the Reich Leader SS. On that occasion he was asked by the Reich Leader how long he had been in the camp and he promised him that he would be released. He was later sent to the Group Dirlewanger.
Q. Was it considered a privilege to be released to the Group Dirlewanger?
A. No. The inmates who later were forced to transfer to the Group Dirlewanger thought that this was the worst thing that could happen to them.
Q. Will you tell the Tribunal just what the Group Dirlewanger was?
A. The Group Dirlewanger was an SS division who received their education in Oranienburg and who were used for special purposes. At one time 200 German political inmates in this group were transferred to Russia. All persons who were forced to join this group were very disgusted at being forced to join the SS and fight for them. They considered being selected to join the SS as the very worst disgrace.
Q. Was the Dirlewanger a special commando group?
A. Yes, it was a special commando group and was assigned to the most dangerous spots. However, I only know that from comrades to whom I have spoken about this matter after the liberation.
Q. Other than the prisoner Sobota, were there any other concentration camp inmates released as a result of undergoing the high-altitude experiments?
A. I know of no case except Sobota.
Q. Do you know of any cases where a prisoner condemned to death had his sentence commuted to life imprisonment because he underwent the high-altitude experiments?
A. No.
Q. Witness, were any political prisoners used in these high-altitude experiments?
A. Yes, there were political prisoners who were used in these experiments. All foreigners were considered political prisoners.
Q. Witness, tell the Tribunal how one could tell the difference between a political and a criminal prisoner in a concentration camp?
A. All inmates had certain squares with letters; the political inmates had red squares; the German political inmates had a plain red square; the Poles had a red square with a “P” marked on it; the Russians with an “R”; all nationalities could be identified by the first letter of their country. The red square with a yellow star was the Jew. The green square, on the other hand was the sign of the so-called professional criminal. Here it must be said that there were quite a number of people with green squares who did not fall under the classification of professional criminals, but who were sent to the camp with that square since the Gestapo could find no excuse to send them into the camp as political prisoners.
Q. Now, was this square really a square or a triangle?
A. It was really a triangle with the head of the triangle pointed down to the earth. If it pointed upward, it indicated a member of the Wehrmacht who was sent to the camp for punishment.
Q. Witness, were any Jews experimented on in these high-altitude experiments?
A. Yes.
Q. Now, tell the Tribunal approximately how many prisoners were killed during the course of the high-altitude experiments?
A. During the high-altitude experiments 70 to 80 persons were killed.
Q. Did they experiment on prisoners other than those condemned to death?
A. Yes.
Q. Were any of those prisoners who had not been condemned to death killed during the course of the high-altitude experiments?
A. Yes.
Q. Do you have any idea how many may have been killed?
A. There could have been approximately 40 persons.
Q. That is, 40 persons were killed, who had not been condemned to death, out of a total of 70, did you say?
A. Yes.
Q. Now, were some of those killed political prisoners?
A. Yes.
Q. Is there any way of telling whether or not a prisoner had been condemned to death—that is, when the experimental subject arrived in the pressure chamber, was there any way to know whether he had been condemned to death?
A. Once the experimental subjects came from the Bunker, that is, if the SS brought them out, we could always tell they were prisoners who had been condemned to death. When the inmates were sent by the camp leader, and were brought there by him, then we could also tell they were persons who came from the camp, and that they were not persons who had been condemned to death.
Q. Could Romberg know this just as you did?
A. He could only know it if he tried to find out about it, because he could hardly differentiate whether the person concerned came from the Bunker or came from the camps.
Q. But you could tell that yourself?
A. Yes.
Q. Did Romberg ever ask you whether or not these experimental subjects had been condemned to death?
A. I do not remember Romberg ever asking me about that.
Q. Were records kept in the concentration camp which showed whether or not a man had been condemned to death?
A. Yes.
Q. Do you know whether Romberg ever checked these records?
A. I do not know that.
Q. You do not know if he ever checked them, is that right?
A. No.
Q. Can you remember, approximately, how many deaths Romberg witnessed during these high-altitude experiments, if any?
A. I can remember five cases where Romberg was present during cases of death; whether he was present on other occasions, I do not know. It is possible, but I am not sure of it.
Q. You are sure of only five cases?
A. Yes.
Q. Did Romberg ever make any objections concerning these deaths?
A. I do not know of Romberg having made any protests against it.
Q. He did not make any protest in your presence?
A. Only at the time when we were concerned with the incident which I spoke of earlier. I do not know anything about anything else.
EXTRACTS FROM THE TESTIMONY OF DEFENDANT RUDOLF BRANDT[[26]]
DIRECT EXAMINATION
Dr. Kauffmann: Now I should like to speak to you about Document Book No. 2, concerning the high-altitude experiments of Dr. Rascher. You said this morning that you knew Rascher?
Defendant Rudolf Brandt: Yes.
Q. Did you see him frequently?
A. Very few times in the course of 4 to 5 years.
Q. Did he come to your office and speak with you?
A. Twice when I was about to leave Munich by train, he and his wife brought a letter for Himmler to the station and gave it to me.
Q. And what did he want when he came to Himmler’s front office and saw you?
A. Either he brought a report or a letter; as I said, this could not have happened more than 4 or 5 times.
Q. Were you ever present when Himmler talked with Rascher?
A. No. I was never present at those conferences.
Q. Did Rascher ever tell you personally, either before or after a conference with Himmler, why he had come?
A. No. Afterwards we never spoke about these visits because I had no time for that.
Q. But you do not want to deny that you knew that Rascher was carrying out experiments on human beings in Dachau?
A. Yes, that I knew.
Q. Did you ever visit Dachau yourself?
A. No. I was never in Dachau nor in any other concentration camp.
Q. Did you yourself ever take part in experiments on human beings?
A. No.
Q. Did you see these photographs which are supplements to the document books?
A. I cannot recall ever having seen them.
Q. Now, please turn to page 53. This is a letter from Rascher to Himmler in which he makes suggestions to Himmler for the first time that human being experiments should be carried out in Dachau. In this letter he says that in these experiments he would certainly have to count on fatal consequences for some of the subjects. Do you remember receiving this letter? If not, can you say how you probably would have handled this letter when it came?
A. I do not remember the letter. As in all cases I certainly would have put this letter among the mail that Himmler would read personally, after one glance through it had assured me that it was a medical matter in which Himmler was generally interested.
Dr. Kauffman: We are speaking now, your Honor, of 1602-PS, Prosecution Exhibit 44.
Q. Now, please look at page 57 of the German document book. This is 1582-PS, Prosecution Exhibit 45, a letter from you to Rascher in which you tell him that, of course, prisoners will gladly be made available for high-altitude experimentation. Was this letter written on your own initiative or is it a case similar to all the others that you have brought up here, namely, a letter written on orders from Himmler?
A. This letter does not originate with me. It can be traced back to clear orders from Himmler.
Q. Now, please take a look at 1581-A-PS, Prosecution Exhibit 48, a letter that bears your signature, addressed to Sievers. Here you write that low-pressure experiments are being carried out by the Luftwaffe in Dachau on prisoners there. Then look at the next Document, 1971-A-PS, Prosecution Exhibit 49, a letter from Rascher to Himmler. In the first sentence of this letter there is mention of an enclosed interim report, and there is no doubt that this interim report was enclosed. Now, did you read this interim report?
A. I should assume that I did not because firstly, such medical reports were quite incomprehensible to me as a layman; and, secondly, because of all the work which I had to do, I did not have enough time to concern myself with reports which, first of all, I didn’t understand and, secondly, did not interest me. Thus it is that I put this report in with the mail that Himmler was to read without reading it myself.
Q. Now, please look at 1971-D-PS, Prosecution Exhibit 52, apparently a teletype message from Rascher to you. Here Rascher asks whether Poles and Russians are also to be pardoned if they have survived several severe experiments. In 1971-E-PS, Prosecution Exhibit 53, your answer is to be found, a teletype message to Obersturmfuehrer Schnitzler in Munich. In this letter you say that experimental subjects are not to be pardoned if they are Poles or Russians. This document was given particular stress by the prosecution, and its cruel and atrocious nature was emphasized. Do you remember this document or can you give us any explanation of how it came about that you signed this teletype message?
A. I cannot remember this communication. Of course, I cannot here state under oath whether this is one of those cases in which a teletype message was sent on Himmler’s orders with my signature to it. It is also quite possible that I saw this message and knew its contents and sent it off, after receiving instructions from Himmler.
Q. But I should think that you would still remember a document with such contents today; and yet you say that you do not remember it?
A. No, I do not. In view of the enormous number of orders that I got from Himmler, I could not concern myself enough with the details of each matter in order to be able to remember them for any length of time.
Q. Do you perhaps know whether you discussed this matter with Himmler and then waited for his orders?
A. I cannot say that. I assume that I put the teletype message among his mail and then received his instructions along with all the rest of his orders.
Q. Now, I want to discuss NO-402, Prosecution Exhibit 66. This is a letter to the German Research Institute for Aviation. This letter accompanies a long report, the subject of which is rescuing pilots from high altitudes. Do you have that report now in front of you?
A. Yes.
Q. Did you work on this report or at least give a cursory glance at it?
A. I certainly did not work on it, and I did not even give it a cursory glance, first of all because it is a medical report, and secondly, because it is much too long.
EXTRACTS FROM THE TESTIMONY OF DEFENDANT ROMBERG[[27]]
DIRECT EXAMINATION
Dr. Vorwerk: Now, we’ll go back to the point of Rascher’s position in the experiment.
Defendant Romberg: I said that without Rascher there would never have been any intention of carrying out the experiments and it would never have been possible. This can be seen from Himmler’s original assignment. Practical proof of this is the fact that the experiments were stopped immediately when there were difficulties with Rascher’s assignment. This is proved by the letter from Frau Rascher to the Reich Leader SS, dated 24 February 1942. (NO-263, Pros. Ex. 47.) In this letter Frau Rascher writes that there were difficulties of command and that the experiments were stopped; that Rascher had gone back to Schongau. That was the time when I went back to Berlin. Later on when the experiments were actually carried out, Rascher had expressly forbidden me to perform experiments in Dachau without his permission or his presence, so that I never did perform any experiments without Rascher. I always waited until he was there. On the days when he was in Schongau no experiments were performed. Generally, I did not even go to the experimental station. Sometimes I went to write—but certainly never to carry out experiments. This rule, although, of course, it often delayed the work, seemed justified to me because Rascher had permission from Himmler to perform these experiments and was responsible to him for the experimental subjects. Also, I myself was under the authority of the camp at Dachau which seriously restricted my independence, for example, my freedom of movement or talking to prisoners and similar things. Rascher himself, on the other hand, had a very free position on the basis of the powers which he had received from Himmler and because of a special pass. The Dachau camp was under Himmler’s authority. This is shown by the letter from Himmler to Milch of November 1942. (1617-PS, Pros. Ex. 77 (Pros. Ex. 111, Milch Case).) In this letter Himmler spoke of Holzloehner’s conduct and adds that the Dachau camp was under his orders, and Holzloehner would have to submit. It was under these conditions that Rascher took the low-pressure chamber from the SS in Munich and set it up there.
Q. Who took care of the maintenance work on the chamber during the experiments?
A. There was not a great deal of maintenance work necessary; loading the batteries or supplying the oxygen for the experiments was taken care of by Rascher and was probably paid for by the camp.
Q. Was Rascher responsible to you for that?
A. No, Rascher was not responsible to me at all. He was responsible to the Medical Inspectorate because the chamber belonged to them.
Q. Did you have ah opportunity to give Rascher any orders or instructions, or to prohibit anything?
A. No, that can no doubt be seen from what I have already said. I could not give him any orders. I certainly could not forbid him to do anything. Concerning the conduct of these experiments on rescue from high altitudes, I merely had a certain advisory right as is customary for two scientists who are working together on the same task when one of the two has greater knowledge pertinent to the specific task.
Q. You said the experiments began on 22 or 23 February; was that when you saw the experimental subjects for the first time?
A. Yes. On that day I went out to Dachau with Rascher for the first time and met the experimental subjects for the first time.
Q. About how many were there?
A. There were 10 or 12.
Q. Could it have been 5?
A. Five? No, there were certainly more than that.
Q. Could it have been 15?
A. Yes, that is possible.
Q. Did you talk to the experimental subjects on that day before the experiments began?
A. I believe on that day we mostly talked. Whether any proper experiments were done at all on that first day, I don’t remember. At any rate I talked to the experimental subjects and got to know them a little on the first day.
Q. What did you talk about with the experimental subjects?
A. They were quite new surroundings for me, of course. They were all professional criminals who were in custody.
Q. How do you know that?
A. They told me that gradually in the course of conversation. They didn’t, of course, have complete confidence on the first day and did not tell me all about their previous convictions. But after careful inquiries one discovered that they had been condemned for certain crimes, repeatedly convicted, and finally had been condemned to protective custody.
Q. Why did you talk to the experimental subjects on this day?
A. It is quite natural when one begins to work with such a group that a certain personal contact is necessary. We had to get to know each other. I talked to them about their profession, if I may call it that, and of course I told them something about the experiments, what the whole thing was all about, what they themselves had to do to cooperate in the same way as my usual experimental subjects.
Q. Was the reason for this investigation to prepare the subjects for their activity or to check whether these people were actually volunteers?
A. No. It was more to get to know the subjects personally. The situation was this: in the discussion with the camp commandant on the basis of the agreement with Rascher and his authorization from Himmler, a very definite agreement had been reached to the effect that these people were to be selected from the volunteers. Therefore, a clear agreement had been reached on the conditions, about which there could be no doubts basically. When I met the subjects for the first time personally and talked to them about the principle of the experiments and their duties, and so forth, of course I also inquired why they had volunteered—not because of any distrust of the camp commandant, but just for that reason.
Q. You thought, accordingly, that they were volunteers?
A. I didn’t only think they were. They told me so themselves.
Q. How do you know that so definitely for each case?
A. In the course of time—not on the first day but in the course of time—I talked to all of them frequently in some detail, and gradually they told me about their previous convictions and what other prisons and penitentiaries they had been in before they came to the camp, and they also told me the reasons why they had volunteered.
Q. Do you mean to say that all the experimental subjects used for the high-altitude experiments were volunteers?
A. Yes.
Q. Now before these subjects entered the chamber did you prepare them for what they had to do and tell them the significance of the whole thing?
A. Yes, of course. First I explained the whole question to them in broad outline, so that they would know what it was about and what the purpose of the experiment was. In detail I told them specifically what they had to do in the experiments. There was the writing test during which they had to write numbers from 1,000 backwards; then the cardinal point was that after the altitude sickness during the experiments, as soon as they came to, they had to pull the rip cord. We had a handle in the chamber connected to a bell. This was to represent pulling the rip cord of the parachute. This had to be explained to them carefully, otherwise they wouldn’t have understood it and wouldn’t have reacted correctly.
Q. Now, before the experiments began, did you have an electrocardiogram of each separate subject?
A. Yes and again later on.
Q. Please explain that.
A. Rascher had first examined the people to see if they were suitable for the experiments, so there would be no heart defects or anything like that. Then in order to get an exact control, before the beginning of the experiments we took an electrocardiogram of all the subjects. In almost all the experiments the electrocardiograms were registered and at the end, when the experiments were finished, we took another electrocardiogram of all the subjects in order to have material because perhaps even if there was no visible injury, there might still be some effects which could only be determined by such tests.
Q. Now, how long did these experiments on rescue from high altitude last, approximately?
A. Well, they really began on about 10 or 11 March and they lasted until 19 or 20 May.
Q. Following that, you prepared the report which has been submitted by the prosecution?
A. Yes.
Q. In this report you have a sentence saying that during the experiments on rescue from high altitudes there were no deaths and there had been no injury to health; is that correct?
A. Yes, it is correct that that sentence is in the report, and it is also true that there were no deaths or other injuries.
Q. But here in the testimony of the witness Neff you heard that there were deaths?
A. Yes.
Q. What do you have to say about that?
A. In addition to our joint experiments on rescue from high altitudes, Rascher conducted experiments of his own. He did not tell me the exact problem; he merely said that he was performing these experiments for Himmler and that they had to do with explosive decompression sickness and electrocardiograms. He had apparently carried out secret experiments for some time on this problem, but then in my presence he continued them with special subjects. In the course of these experiments the first death occurred at the end of April in my presence. He told me in the course of our conversations that he wanted to qualify as a lecturer on the basis of these experiments which were ordered by Himmler. He wanted to get Dr. Fahrenkamp into it but this cooperation never came about because the experiments were broken off.
Before this death I had no reason to object to the experiments in any way since Rascher was using other subjects and had a separate assignment from Himmler for them. My assignment was to perform the experiments on rescue from high altitudes and I carried it out together with Rascher.
Q. How many deaths took place in your presence?
A. Three.
Q. But Neff spoke of five deaths at which you were present.
A. There could only have been three.
Q. Why could there only have been three?
A. Because I remember. After all they were deaths and they made a definite impression on me; I know it.
Q. Why did death in the low-pressure chamber make such an impression on you?
A. In the innumerable low-pressure-chamber experiments not only performed by us, but everywhere in Germany in other institutes, we never had any deaths at all, and the opinion at that time was that any necessary problem of aviation medicine could be solved without deaths.
Q. Now, how did it happen that you were present at these deaths, since you say these experiments did not belong to your series of experiments?
A. At the beginning of April or in the middle of April, Rascher told me for the first time that he was performing experiments with slow ascension and that he had attempted to work with Fahrenkamp but the work had been interrupted when the latter was sent away. I said that had nothing to do with our experiments and was quite unimportant and uninteresting from our point of view. He admitted that, but said it was a specific question which especially interested him personally and which he had to work on. I did not see these experiments, which according to records here lasted 8 to 10 hours. He probably always performed them on the days I was absent because these 8 to 10 hours would have interfered considerably with our experiments. He expanded these experiments and performed time-reserve experiments at certain altitudes to test the adaptation which he had been testing before in the slow-ascension experiments. This was an experiment in which the subject remains at the same altitude, in contrast to the falling or sinking experiments where the pressure is constantly increased, that is, when the altitude is decreased. As his interim reports show, he extended these experiments to high altitudes and the time reserve was studied either with or without oxygen. The suggestion for this in part came obviously from other work, such as that of Dr. Kliches.
I sometimes observed these experiments. He performed them correctly; he watched the subjects so that there was, in itself, no objection to these experiments. The only thing was that they interfered with our experiments from the point of view of time, and Rascher’s lack of punctuality was a much greater annoyance in this respect. According to the documents, as well as the witness Neff, Rascher apparently had deaths in these experiments. The first deaths were evidently unexpected. In these unexpected deaths the electrocardiogram and the autopsy findings, together with his reports, apparently gave Himmler the idea that these experiments should be carried on further, and in addition that Fahrenkamp should be called in to extend them as far as possible scientifically. The fact that Himmler was covering them apparently induced him in my presence to perform experiments which were dangerous, and in which deaths occurred. The fact that I had been present several times at previous experiments brought about my presence at that fatal experiment, too.
Q. Did you not think it unusual that during an experimental series which you and Rascher were to carry out together, Himmler suddenly gave Rascher orders for special experiments?
A. Yes. I did not have any specific experience in this direction, but on principle it is nothing unusual if when two people are working together on a certain job, one of them receives an additional assignment from his chief to carry out other work on his own. In addition, Rascher was also working in Schongau at the same time on behalf of Luftgau VII. I, myself, had work of my own in the DVL, which my associates were carrying on and which I inquired about when I happened to be in Berlin. No one could dispute the fact that Himmler, as Reich Leader SS and Chief of the German Police and as Rascher’s boss insofar as he was an SS member, had the right to give assignments to his subordinates and to order them to carry out experiments on experimental subjects in a concentration camp.
Q. Now, in your opinion, what is the distinction between your presence at the experiments on rescue from high altitudes and your occasional presence during Rascher’s experiments?
A. In the experiments on rescue from high altitudes I was not merely present. I performed the experiments myself. That is, I called the experimental subjects myself, or sometimes Rascher called them. Of course, then I explained to the people what they had to do, what they had to write, what they had to pay special attention to, and that when they registered the electrocardiogram, in order not to interfere with it, they had to keep still; and then when the experiment had started I directed the experiment myself. I watched the altitude of the mercury indicator, and the calculated speed of ascension and descension, which I checked with the stop watch. Of course, at the same time I observed the subject, in other words, the persons in the experiments. In Rascher’s experiments which were at a certain altitude—that is, the subjects were ascended to a certain altitude and then remained at that altitude—I sometimes watched if I happened to be in the low-pressure chamber, but otherwise he performed these experiments alone just as he did when I was not present. He even laid great stress on performing them alone. It is clear to me now that he did not want me to observe any special results; that is apparently why he performed the other experiments in the evening or when I was away.
Q. After the first death was there an autopsy?
A. Yes, there was an autopsy.
Q. Did you participate in it?
A. No, I did not participate. I was present and I watched the autopsy.
Q. Why did you watch the autopsy if it was not your experiment?
A. Today, of course, it looks different than it did at the time. It was a matter of course for me then. Rascher was a colleague of mine. He had had a fatal accident in his experiments. He asked me to watch the autopsy, and, of course, I went. I also had a quite natural scientific interest in the cause of death, and in the findings, and I admit it frankly, although I am aware of the danger that someone may say I was interested in the death of the person too, but it happens in every hospital; all doctors watch the autopsies. If, for example, in the surgical ward, a patient died after an operation, then the chief physician, or if he had no time, the senior physician, and the other doctors who had nothing specifically to do with the patient, watched the autopsy, and generally even X-ray doctors came over who didn’t know the patient at all. Besides if I had not been present, that would today be considered as an incomprehensible lack of interest in the death—if I had not accepted Rascher’s invitation. If such a death happened during a centrifugal experiment in our institute, if such an accident had happened which was not in my field of work, I certainly would have gone to watch the autopsy. One must learn from the findings; that is one’s duty as a doctor. One has to look at such things so that one can draw one’s own conclusions and be able to avoid subsequent accidents.
Q. Did you see any further autopsies of Rascher?
A. No.
Q. Why not?
A. After this death there was a basic change in my attitude toward Rascher and the plan to break off the experiments, so that in the case of later deaths I was not present because of this attitude. I do not believe he invited me to the autopsies either, and under the conditions in Dachau I could not go there on my own initiative.
Q. Did you ask Rascher how this death came about, or did you warn him before the death?
A. Yes, I have already said I was present at the experiments just as I had sometimes been present at the other series of his experiments, purely out of curiosity, just as in our institute if centrifugal experiments were performed, I sometimes watched them, too. There was no reason for distrust but at that time I just watched the experiments out of curiosity. That was how it happened that I was present by accident at the experiment and looked at the electrocardiogram of this subject. On the screen of the electrocardiograph one can see a little point of light which moves, and that is determined by the heart action. When it seemed to me that it was getting dangerous, that the heart action was lessening, I said to Rascher: “You had better stop now.”
Q. And what did Rascher do?
A. Nothing. He kept that altitude and later death suddenly occurred.
Q. When you observed the electrocardiogram was it quite clear to you that the person would die in the next second?
A. No, of course not. First of all I had never seen a death from high altitude. That was the first one I ever saw. I couldn’t know that, and, in the second place, this death certainly resulted from aero-embolism and, therefore, suddenly. In the third place, the electrocardiogram change was, shall we say, doubtful. I myself would have stopped the experiment at this stage but he didn’t. I only spoke up because I would have stopped the experiment at that moment.
Q. Did you speak to Rascher about this after the experiment?
A. It was not possible for me to object in view of Rascher’s position, but I told him that such things should not happen.
Q. And what else did you do?
A. After this death I went to Berlin and told Ruff about it. Ruff agreed with me that death should not be allowed to occur in high-altitude experiments and it had never occurred before. Since Rascher, however, performed these experiments for Himmler on men who were condemned to death, we saw no way of preventing Rascher after we had made an official report. In general when objections were made Rascher simply referred to the orders from Himmler and to the fact that he was covered by them. It was quite impossible to remove the chamber from Dachau against Himmler’s and Rascher’s will. And to give this death as a reason for removing the chamber was even more impossible. In the first place, Himmler would not have reacted. He would certainly not have given up the chamber. He might have started proceedings for treason or for sabotage of an essential war experiment. In fact, I had reported this to Ruff against my signature to the contrary in a concentration camp. Like every other visitor to a concentration camp I had to sign a statement to the effect that everything I saw and so forth in the camp would be secret. Besides, at the beginning of the experiments Rascher had received a special telegram from Himmler ordering silence about these experiments. A specific obligation to secrecy was strengthened by this order from Himmler. Since I had reported the matter to Ruff against the secrecy obligation, I also had to be covered in this respect, and for this reason again we could not give the death as the reason for removing the chamber from Dachau, aside from the fact it would not have met with success.
Therefore, after some consideration we decided that the only possibility was for Ruff to go to Milch or Hippke and ask to have the chamber removed, giving the excuse that it was needed at the front. On the other hand, I was to conclude our experiments quickly so that Himmler could be told that the experiments were finished and that we could prove this so that we could claim the right to remove the chamber from Dachau. Otherwise Himmler would doubtless have ordered the experiments to be continued until the original goal had been reached, that is, the clarification of the question of rescue from high altitudes, and he would doubtless have gone to Goering or even Hitler and arranged to keep the chamber longer. He would have said that the use of this chamber at the front was unimportant compared to its use at Dachau in the experiments, and he would not have released the chamber.
If I myself had not gone back to Dachau, then Rascher would have carried out the experiments on rescue from high altitudes alone; and he would doubtless also have continued his own experiments. That was the reason why I reluctantly went back to Dachau.
Q. Now, what was the purpose of your trip to Berlin?
A. The purpose was this report to Ruff.
Q. Was that the only purpose?
A. Yes.
Q. How did you explain this trip to Rascher?
A. I told Rascher that I was going because of my wife’s condition. My wife had had a child in March, and that was a good reason for my going to Berlin.
Q. How long were you in Berlin?
A. Only 1 or 2 days; then I went back to Dachau.
Q. Now, before you left did you make sure whether Ruff had done anything in response to your report, whether he had done anything to get the chamber out of Dachau?
A. Yes. Ruff tried to get Hippke but was not able to at that time, so that I really did not know what was going on and what would be accomplished.
Q. Did you notice anything special about the chamber when you came back to Dachau?
A. Yes. When I came back, the barometer was broken, as Neff has already said; and I had to go right back to Berlin to have the barometer repaired.
Q. How long did you stay in Berlin this time?
A. As long as the repair required; about 2 weeks.
Q. Then during this time there were no experiments?
A. No.
Q. When did the experiments begin again?
A. The beginning of May or the middle of May I went back with the repaired apparatus; then we concluded the experiments as quickly as possible.
Q. Did you abbreviate the program which you had planned, or did you change it in any way, or did you keep it the way it was?
A. No. We shortened it. We had fewer experiments at the various altitudes in order to conclude the whole thing as quickly as possible but in such a way that it was actually completed with adequate results.
Q. When was the second death at which you were present?
A. That was a few days after my return to Dachau.
Q. Did the death of the experimental subject occur in a manner similar to the first case?
A. In general, yes. I don’t know exactly what happened. As far as I recall, it was an experiment at a rather high altitude, and death occurred quicker, more suddenly.
Q. And when was the third death at which you were present?
A. That was right after that, on the next day, or the second day.
Q. After these deaths, did you ever have any arguments with Rascher about his experiments and the way in which he performed them?
A. Yes, we had some minor arguments resulting from my objections, which he always refused to accept; but after the third death when I started to object again, he said first that Himmler had ordered it and I wasn’t to interfere. When I later brought the subject up once more, he lost his patience, and we got rather excited. I asked him why he was carrying out these experiments; what he wanted to achieve. He said he wanted to clarify the problem of caisson diseases, that is bends or aero-embolism, because Himmler had ordered it. He was the first man to prove these air bubbles in the blood during an autopsy under water. Also the question of the electrocardiogram in bends and altitude sickness had to be clarified as Himmler had given him a special assignment for it, and Fahrenkamp was to do this work together with him. In addition he wanted to qualify as a professor with Schittenhelm through this work.
Then he brought out a letter and read to me that the experiments were to be continued; that Professor Fahrenkamp was to be called in; and that people condemned to death who survived the experiments would, of course, be pardoned. Then he held the letter out to me and asked me whether I could read Himmler’s signature and whether I wasn’t satisfied with that.
Q. Was this the letter 1971-B-PS, Prosecution Exhibit 51?
A. Yes, 1971-B-PS, as Prosecution Exhibit 51.
Q. And what does this letter indicate?
A. Well, it showed that Himmler had actually ordered these experiments and that he, therefore, had complete official coverage, that the subjects were to be pardoned. It says in the letter: “Of course the person condemned to death shall be pardoned to concentration camp for life.” Then it says that Fahrenkamp is to be consulted. On the next page it says that this order from Himmler goes to the Chief of the Security Police and the SD and to SS Brigadefuehrer Gluecks, with a copy for their information.
Q. Did Rascher give you any further explanation of this letter?
A. Since this letter prevented me from doing anything, I calmly asked him what idea he had of these experiments, what he wanted to do, what he wanted to achieve. He said that Dr. Fahrenkamp would help him and that he would have electrocardiograms for heart failure from the most various reasons and would compare them with electrocardiograms in the case of death at high altitudes with the change in severe altitude sickness and with later recovery. In addition, in the hospital in Munich he had taken electrocardiograms in cases of heart failure. In Dachau, he said, he had also registered electrocardiograms when there were executions by shooting. If he really had evaluated all this material together with a heart specialist, then it would, of course, have been quite valuable.
Q. Now, did you do anything, and what did you do in order to stop Rascher’s experiments and did you incur any danger and, if so, what?
A. What I did against Himmler’s orders and against my signed promise to keep secrecy, the fact that I reported the incidents to my boss who passed the information on—all this was dangerous. One probably understands enough about conditions under Himmler to realize that. The witness Neff has described my attitude to Rascher’s experiments. He confirmed that I intervened in one case when he was present. Perhaps he knows nothing about my other objections. In general, the discussions between Rascher and myself did not take place in the presence of the prisoners. The low-pressure chamber was removed from Dachau earlier than intended at our instigation. Against Rascher’s and Himmler’s wishes, it was never returned to Dachau. The extent of the accusations made by the SS in this direction is shown by the document. These efforts begin with Wolff’s telegram to Milch on 12 May, which is answered in the negative in Milch’s letter of 20 May. (343-A-PS, Pros. Ex. 62.) In answer to further efforts from Himmler, Milch ordered that the chamber was to remain 2 months longer in Dachau. (NO-261, Pros. Ex. 63.) At this time, we had already removed the chamber. On 5 June, Rascher again writes to Himmler about the low-pressure chamber. Document NO-284, Prosecution Exhibit 64, is the answer to this letter of 5 June. The letter itself is, unfortunately, not available. This letter, no doubt, says that the chamber was removed from Dachau in May, while the prosecution alleges that the experiments continued until August. Then there is a certain pause in Rascher’s and Himmler’s efforts, because Rascher is busy with the cold experiments. When the film is shown in Berlin in the Air Ministry, Rascher does not forget to tell Milch again of his wishes in regard to the low-pressure chamber. But hardly has the first phase of the cold experiments—the series with Holzloehner—been finished, when he writes to Himmler again on 9 October. (1610-PS, Pros. Ex. 73.) He asks Himmler to get him the low-pressure chamber so that he can continue his experiments and qualify as a professor. In the letter of 21 October 1942 (NO-226, Pros. Ex. 75), Sievers writes to Brandt about the continuation of the high-altitude experiments which Himmler wants, but knowing of the existing difficulties, or for other reasons, he adds that Himmler will no doubt have to write to Milch personally in order actually to get the chamber. This happens on 27 November 1942 (NO-269, Pros. Ex. 78)—a letter from Wolff to Milch, on behalf of Himmler. The definite request for the low-pressure chamber, which is expressed in this letter, is given definite emphasis by mention of the opposition of the Luftwaffe doctors. I learned from a telephone call from Sievers, which he mentioned in his testimony, that he was to buy a low-pressure chamber for Rascher on behalf of Himmler. I was greatly astonished at this telephone call at the time, because I knew very well that Rascher certainly didn’t want to have this made public in any way. Now, this telephone call has been cleared up. Then I informed Ruff of this call and he had Becker-Freyseng take further steps, as he said here yesterday. In an official letter to various SS agencies, dated 13 December 1942 (1612-PS, Pros. Ex. 79), Rascher is given the assignment by Himmler personally to carry out high-altitude experiments. On 14 March 1943 (NO-270, Pros. Ex. 110), Rascher tells of his discussions with Hippke and again says that he wants to carry out low-pressure chamber experiments, together with me; and finally, on 18 November 1943 (NO-1057, Pros. Ex. 463), he tries again, through the Reich Research Council in agreement with Himmler, to get a mobile low-pressure chamber in order to carry out experiments. Those are Rascher’s and Himmler’s efforts but, nevertheless, Rascher never again had a low-pressure chamber at his disposal for experiments.
Q. Well, what do you want to prove by these statements?
A. This no doubt proves clearly how great Rascher’s and Himmler’s efforts were and that my conduct under these circumstances was not only not cowardly, but that it was much more clever and much more successful. Even if I had had any legal obligations to prevent him by force, if I had had any obligations to attack Rascher and if I had tried and been unsuccessful, then I would have been locked up or killed and Rascher would have been able to continue his experiments for a long time without any restriction.
Q. At that time, was there any possibility in Germany to resist, and in what did you see such possibility?
A. There were only three types of resistance possible. First of all, emigration for a person who was able; second, open resistance which meant a concentration camp or the death penalty, and to my knowledge, never met with any success; third, passive resistance by apparent yielding, misplacing and delaying orders, criticism among one’s friends, in short, what writers today call “internal emigration.” But that really doesn’t have much to do with the question. As far as the direct question of prevention is concerned, I would like to say something more. To take a comparison from the medical field, it is unknown to me and I cannot imagine, for example, that an assistant of a scientific research worker who is performing infections with a fatal disease, for example, leprosy, on a prisoner, that this assistant should prevent the scientist from carrying out this infection by force—perhaps by knocking the hypodermic syringe out of his hand and crying “You mustn’t do that, the man might die!” I could imagine that some assistant might, for personal reasons, refuse to participate in such experiments, but I cannot imagine that if there were a trial against this doctor the prosecution would demand that the assistant should have prevented the scientist in this manner.
Q. Then, you are convinced that prevention by force was impossible?
A. Yes.
Q. But could you not have filed charges, for example, with the police or with the public prosecutor, against Rascher?
A. Yes, of course, I could have, but if I had gone there and said, “Rascher has performed experiments ordered by Himmler—by the Chief of the German Police and whatever else he was—the Reich Leader SS, the State Secretary in the Ministry of the Interior,” they would probably have said: “Well, we can’t do anything about it. If he has orders, then we can’t do anything about it.”
[18] Jews who had had sexual intercourse with German women with their consent.
[19] Very similar arguments were advanced by counsel for defendant Romberg.
[20] The witness Neff was called to testify as a Tribunal witness and not as a prosecution witness.
[21] See Vol. II, judgment is case of United States vs. Erhard Milch.
[22] Last sentence is crossed out and replaced by one in German shorthand.
[23] Translator’s Note: “Terminal” as used here means “resulting in death”.
[24] These studies were carried out in conjunction with the research and educational society “Ahnenerbe.”
[25] Complete testimony is recorded in mimeographed transcript, December 17-18, 1947, pp. 595-695.
[26] Complete testimony is recorded in mimeographed transcript, March 24, 25, and 26, 1947, pp. 4869-4994.
[27] Complete testimony is recorded in mimeographed transcript, May 1, 2, 3, 4, 5, and 6, 1947, pp. 6764-7032.