“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: