Now, to be sure, it is known that Holzloehner’s, Rascher’s, and Finke’s freezing experiments were carried out in Dachau. That, however, was certainly not made public at the above-mentioned Nuernberg conference. Even if one of the participants suspected that experiments at a concentration camp were concerned, he would not have had the slightest reason to suppose that the concentration camp in question was Dachau.
Schilling’s reports about his work were always sent to Himmler or Grawitz but never went any further. That also explains why no reports about Schilling’s experiments were found in the confiscated files of the defendant Rose. (Tr. pp. 5566, 6021; German Tr., 13 Dec. 46, pp. 466-7; German Tr., 26 Mar. 47, p. 5106; German Tr., 2 Apr. 47, pp. 5420-1.)
Rose personally was the prototype of a worker above reproach in the field of malaria research and with regard to his care for the well-being of his malaria patients (Rose 47, Rose Ex. 35), as shown by the investigation undertaken by the competent American authorities. He risked his own life (Rose 8, Rose Ex. 29) in order to assure the orderly handing-over of his Malaria Research Institute in Pfaffenrode to the Americans—in contrast to Dachau, without burning files and the like, and also to insure continued regular care and medical treatment for his patients. (Rose 31, Rose Ex. 36; Rose 32, Rose Ex. 37; Rose 33, Rose Ex. 38; Rose 34, Rose Ex. 39.) It would be completely incomprehensible if such a man were to be made responsible for the technical errors and negligence of another who was not even under his influence.
d. Evidence
| Prosecution Documents | |||
| Doc. No. | Pros. Ex. No. | Description of Document | Page |
| NO-856 | 125 | Extracts from the review of the proceedings of the general military court in the case of the United States vs. Weiss, Ruppert, et al., held at Dachau, Germany. | [289] |
| Defense Documents | |||
| Doc. No. | Def. Ex. No. | Description of Document | Page |
| Rose Document 11 | Rose Ex. 27 | Extracts from report of Professor Dr. E. Gildemeister concerning the activities of the Robert Koch Institute—Reich institute for the fight against infectious diseases. | [298] |
| Rose Document 47 | Rose Ex. 35 | Affidavit of Professor Dr. Hans Luxenburger, 24 March 1947, concerning Rose’s interest in therapeutical malaria treatments. | [300] |
| Rose Document 50 | Rose Ex. 49 | Extract from the affidavit of Professor Dr. Ernst Georg Nauck, M. D., Hamburg 4, Bernhard-Nocht-Institute for nautical and tropical diseases. | [302] |
| Testimony | |||
| Extracts from the testimony of prosecution witness August H. Vieweg | [303] | ||
| Extracts from the testimony of defendant Rose | [308] | ||
PARTIAL TRANSLATION OF DOCUMENT NO-856
PROSECUTION EXHIBIT 125
EXTRACTS FROM THE REVIEW OF THE PROCEEDINGS OF THE
GENERAL MILITARY COURT IN THE CASE OF THE UNITED STATES
VS. WEISS, RUPPERT, ET AL., HELD AT DACHAU, GERMANY
A series of experiments concerning the treatment of malaria were conducted under the supervision of the accused, Dr. Schilling (R 157).[[34]] Three hundred to four hundred persons died as a result (R 204, 206). The facts elicited with respect to these experiments are set out in detail infra in connection with Dr. Schilling.