The prosecution then referred in this connection, to the entry in the so-called Ding diary under 5 January 1944 (NO-265, Pros. Ex. 287):

“Records dispatched to the Reich Physician SS with the request that they be forwarded to the Dr. Madaus Works.”

The prosecution now thought they would be able to connect these two pieces of evidence with one another and wants to prove from this that Poppendick received a regular report, with photos, on experiments with incendiaries, and thus learned about criminal experiments with incendiaries in Buchenwald.

The defense first questioned the persons concerned in Leipzig, in the form of affidavits, about the previous history of the experiments with incendiaries—the affidavit of Dr. Koch from the Madaus Works (Mrugowsky 103, Mrugowsky Ex. 97), the affidavit of Kirchert (Poppendick 7, Poppendick Ex. 9), and the affidavit of von Woyrsch (Mrugowsky 115, Mrugowsky Ex. 108), all of these make similar reports on these events. Each one of these three witnesses, viewing this matter from different angles, was able to testify under oath that the correspondence between Dr. Ding and the firm of Madaus did not pass through Poppendick personally, and that the research section of Professor Vonkennel also had nothing to do with the whole matter as far as it took place in Leipzig, but that the connections were somewhat different in many respects from what might be concluded from the statement of Kogon.

For a person like Kogon, it was, of course, difficult to take in the connections as a whole, as he only occasionally received letters which had anything to do with the questions dealt with here. On the basis of letters still available, he can only draw certain retrospective conclusions today. Therefore, in the formulation of his statements, he exercises a certain caution, qualifying in advance things as they happened by remarks such as “I believe,” “certainly,” and so on. (See also testimony, Pohl trial, 22 April 1947;[[71]] Poppendick 21, Poppendick Ex. 20.) For these reasons the phrase “in this case I am not quite sure,” relating to Poppendick’s knowledge of illustrated reports on incendiaries, can only be taken as an indication of the fact that Kogon did not want Poppendick to be charged, through his sworn testimony, with the knowledge of these reports, with photographs concerning incendiaries. Poppendick has definitely declared that he would certainly have remembered such a report with photographs if he had received it. In this way then, the uncertain statement of Kogon is confronted by the definite statement of the defendant, who could not be accused of any unreliability in the course of his examination. The contention of the defendant is supported by the three above-mentioned affidavits which fully confirm this. Kogon then said, however: “A report, I think * * *”—then again with a certain limitation—“which Oberfuehrer Poppendick certainly received because Dr. Ding intended to publish a dissertation on this in a medical journal.”

Although this last statement was made with somewhat more emphasis, but still not with complete certainty, the following comment can be made on it:

It is certain that Kogon had access to the entire documentary evidence as introduced in this trial before making his statement. Without doubt he saw the manuscript of the Ding publication on typhus (NO-582, Pros. Ex. 286) with the stamp of approval “by order of Poppendick,” even if he did not see it while still in Buchenwald during his stay in the camp. From this he thought he could deduce that Poppendick must be the person responsible—in spite of the words “by order”—for the approval of scientific publications. Kogon knew from his work in Buchenwald that Ding meant to publish a pamphlet on the treatment of burns. He therefore took it for granted that the only way of getting official permission was via Poppendick, whereas actually Poppendick authorized these requests and signed them “by order of” in every case only when given special permission by Grawitz. Neither Kogon nor we know whether such a manuscript was ever actually sent in for publication. Even if it was actually sent in, it is not certain that Poppendick had to grant permission for its publication. If Poppendick actually authorized the publication of such a pamphlet “by order of”—a fact which cannot be proved—there is a 100 percent probability, taking the typhus manuscript (NO-582, Pros. Ex. 286) as an example, that in such a publication the question of artificially inflicting wounds on human bodies would not have been openly mentioned but would have been just as carefully veiled as was done in the manuscript concerning typhus treatment.

It is quite obvious, though, and even the prosecution will not dispute this, that Poppendick otherwise played no part whatever in the incendiary bomb experiments, and had no contact with the authorities responsible for them, such as the Madaus Works, Dr. Ding, etc., whereby he might have been informed of what was going on in Buchenwald also in regard to those incendiary bomb experiments.


d. Evidence