That Professor Weltz refused to participate in the experiments after he learned about them was firmly established on the other hand by the evidence submitted by the defense which in turn is supported by the documents submitted by the prosecution. Document 1610-PS, Prosecution Exhibit 73, submitted by the prosecution appears to have special weight as evidence in this connection. It is Rascher’s letter to Himmler of 9 October 1942. In this letter Rascher asks Himmler to see to it that the apparatus necessary for chemical analysis be put at his disposal by laboratories not working to full capacity. He points to the fact that the Weltz Institute does not make apparatus available to him, as it was allegedly used there for freezing experiments with shaved cats, and the institute needed these apparatus for its own use. Moreover, the affidavit of the witness Dr. v. Werz (Weltz 4, Weltz Ex. 11) according to which Professor Weltz refused to furnish apparatus for freezing experiments at Dachau, further proves this disapproval on the part of Professor Weltz of the freezing experiments carried out at Dachau. Moreover, it appears also from NO-3674, Prosecution Exhibit 549. Here, an attempt is made to procure the apparatus (colorimeter) which was not delivered by Weltz from somewhere else. From 1609-PS, Prosecution Exhibit 92, it becomes apparent to what danger Professor Weltz exposed himself by his attitude against Rascher. It is a letter of the Reich Leader SS of 24 October 1942 to Rascher. In it Himmler acknowledges the receipt of Rascher’s letter, dated 9 October 1942, (1610-PS, Pros. Ex. 73) mentioned above in which Rascher complains about Professor Weltz’ attitude. In reply to this complaint Himmler writes:

“People who today still disapprove of human experiments and would rather have German soldiers die of the consequences of freezing I consider to be guilty of treason and high treason, and I shall have no compunction to report the names of these gentlemen to the authorities concerned. You are authorized by me to inform the offices concerned of this of my opinion.”

From Sievers’ testimony in direct interrogation it appears, unequivocally, that this referred to Professor Weltz. In this regard Sievers declared the following: “I can only say this in respect to Weltz himself, for Herr Rascher, as I already stated in reply to your question, mentioned in this connection Weltz as a participant.”

The defendant Sievers also declared that in view of Rascher’s character, as known to him, it could be expected that Rascher would make use of the powers given him with respect to “those guilty of treason and high treason,” among others also against Professor Weltz.

In the course of the cross-examination of Weltz the prosecution intimated in a veiled manner that Professor Weltz might have moved objects and files or might have put apparatus at the disposal of the Dachau experiments.

Since the prosecution could not submit evidence of any weight in this respect it is unnecessary to go into this. In the cross-examination itself it became apparent that all the files and apparatus were in existence at the end of the war and that Weltz himself had made suggestions to hand over his institute in an orderly manner to the Americans. (Tr. pp. 7241-7242.)

d. Evidence

Prosecution Documents
Pros.
Doc. No.Ex. No.Description of DocumentPage
NO-234 83Letter from Rascher to Himmler, 10 September 1942, transmitting intermediate report on freezing experiments (1618-PS).[219]
1618-PS 84Intermediate report, 10 September 1942, on intense chilling experiments in Dachau concentration camp.[220]
1611-PS 85Letter from Himmler to Rascher and Sievers, 22 September 1942, ordering rewarming in freezing experiments through physical warmth.[221]
NO-285 86Letter from Rascher to Rudolf Brandt, 3 October 1942, stating that Sievers would obtain four gypsy women for rewarming through body warmth.[221]
1619-PS 87Teletype from commandant of Dachau concentration camp to Rudolf Brandt, 7 October 1942, stating that four women would be available from Ravensbrueck concentration camp for Rascher’s experiments.[223]
NO-286 88Letter from Goering’s office to Himmler, 8 October 1942, with attached invitation to the conference on “Medical Problems Arising from Hardships of Sea and Winter.”[223]
1613-PS 90Letter from Rascher to Himmler, 16 October 1942, transmitting report on cooling experiments on human beings (NO-428).[225]
NO-428 91Report of 10 October 1942, on cooling experiments on human beings.[226]
1609-PS 92Letter from Himmler to Rascher, 24 October 1942, and note by Rudolf Brandt.[244]
NO-323 94Memorandum of Rascher on women used for rewarming warming in freezing experiments, 5 November, 1942.[245]
NO-320103Letter from Sievers to Brandt, 28 January 1943, and Rascher’s report on his discussions with Grawitz and Poppendick.[246]
1616-PS105Letter from Rascher to Himmler, 17 February 1943, and summary of experiments for rewarming of chilled human beings by animal warmth, 12 February 1943.[249]
NO-268106Letter from Hippke to Himmler, 19 February 1943, on freezing experiments in Dachau.[252]
1580-PS107Letter from Himmler to Rascher, 26 February 1943, on freezing experiments in the concentration camps Auschwitz and Lublin.[253]
NO-292111Letter from Rascher to Rudolf Brandt, 4 April 1943, reporting on dry-freezing experiments in Dachau.[253]
NO-322114Letter from Rascher to Keindl, 28 April 1943, about previous freezing experiments conducted at Sachsenhausen.[254]
NO-231116Letter from Rascher to Sievers, 17 May 1943, concerning a conference with Gebhardt on freezing experiments.[255]
NO-432119Letter from Rascher to Neff, 21 October 1943, concerning dry-freezing experiments.[258]
NO-690120List of research projects from the files of the Reich Research Council.[259]
Testimony
Extracts from the testimony of Tribunal witness Walter Neff[260]
Extract from the testimony of defendant Handloser[265]
Extract from the testimony of defendant Schroeder[269]
Extracts from the testimony of defendant Sievers[274]

TRANSLATION OF DOCUMENT NO-234