1. Copy 25 E
21 F
M I L I T A R Y T R I B U N A L NO. I
CASE NO. 1
21.7

CLOSING BRIEF FOR
THE UNITED STATES OF AMERICA
AGAINST
ADOLF POKORNY

James M. MoHaney
Alexander G. Hardy
Arnost Horlik-Hochwald
Esther Jane Johnson

For:
Nurnberg,
16 June 1947. Telford Taylor
Brigadier General, U.S.A.
Chief of Counsel for War Crimes.

INTRODUCTION
It is alleged under Count One of the Indictment that the
defendant Pokorny conspired and agreed with others, pursuant
to a common design, to perform medical experiments on
involuntary human subjects; under Counts Two and Three
(War Crimes and Crimes against Humanity, respectively)
that he was a principal in, accessory to, ordered, abetted,
took a consenting part in, and was connected with plans
and enterprises involving medical experimentation on
invaluntary human subjects.
The defendant Pokorny is charged with special
responsibility for and participation in criminal sterilization
experiments, as set forth in Paragraph 6 (I) of the
Indictment.

I. RESPONSIBILITY FOR AND PERSONAL PARTICIPATION IN
CRIMINAL EXPERIMENTS
In contradistinction to all other defendants in the
dock, the defendant Pokorny never held any position of
responsibility in the Party or State hierarchy of Nazi
Germany. His past is the very insignificant one of a
doctor in a small town. Before the Munich Agreement
(October 1938), he had been a Czechoslovak citizen (Pokorny,
R. 10013) and when his home town was occupied by the German
Army on the basis of this agreement, he became a citizen
of the Greater German Reich (ibid). During the war, he
served as a medical officer in the German Army and attained
the rank of Captain. (Pokorny, R. 10014). The defendant
Pokorny was not a member of the Nazi Party. Neither was he
a member of the SS. He cannot claim, and, as a matter of
fact, does not claim that his duty as a soldier compelled
him to participate or assistin any kind of criminal
experimentation on involuntary human subjects. There is not
a shred of justification why he should have approached
Himmler on his own initiative and suggested to him plans

for the sterilization and eventual extermination of non-
German nationals.
In Nazi Germany a law was in force which permitted
sterilization of German citizens under certain circumstances.
Persons afflicted with inheritable diseases were, among
others, affected by this law. The legality of this statute
is not here in issue as sterilizations which are the subject
of this Indictment were performed, without any semblance
of legal Justification, to find a method for mass
sterilization of so-called inferior races. Thus, Pokorny
is charged with special responsibility for and participation
in medical experiments which were conducted to ascertain
inconspicuous, cheap and fast-working methods for mass
sterilization of the enemies of the Nazi system. This was
the clear purpose of the various sterilization experiments
which were carried out in different concentration camps.
(See the affidavit of R. Brandt, NO-440, Pros. Ex. 141,
R. 501).
Several methods of mass sterilization were experimented
with. Dr. Clauberg, who carried out sterilization experiments
on female inmates in Auschwitz, by injection made from the
entrance of the uterus, (NO-212, Pros. Ex. 173, R. 570),
requested and obtained Himmler's support for such experimentation
and was ordered by him to ascertain how long it would take
to sterilize 1,000 Jewesses by his method. (NO-213, Pros. Ex.
171, R. 567). Himmler was also approached by the defendant
Brack, who suggested fast-working and cheap sterilization by
means of X-rays. In this connection, Himmler stressed
the point that it was necessary to find a method of
sterilization which would keep the victims unaware of their
fate. (Brack, R. 7484). These facts prove beyond a doubt
that mass sterilization of so-called inferior races was one
of the major concerns of Himmler. The defendant Pokorny
was the instigator of the criminal experiments with medicinal
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sterilization. In October 1941, he submitted to Himmler
a report urging the sterilization of millions of non-German
nationals by means of a drug (caladium seguinum) obtained
from the sap of the plant ochweigrohr. (NO-035, Pros. Ex. 142,
R. 510). This letter was forwarded by Professor Hoehn to
Himmler in order to, as Pokorny put it, "avoid the slower
process through channels and the possibility of an
indiscretion in regard to the eventually enormous importance
of the ideas presented." (Emphasis supplied). The extreme
haste with which Pokorny tried to have his suggestions
submitted to Himmler and the way in which he stressed the
great importance of the matter show clearly his eagerness
to secure Himmler's consent and to gain favor for his idea
and himself. Pokorny went on to say in his letter that
he was "led by the idea that the enemy must not only be
conquered but destroyed," (emphasis supplied). As one
of the means for the destruction of the enemy, he suggested
to Himmler the sterilization of millions of non-German
nationals who were in the power of the Third Reich by the
use of the sap of the plant caladium seguinum. He informed
Himmler about the publication of Madaus on medicinal
sterilization and about the immense importance of this drug
"in the present fight of our people". He then went on
to say:
"If, on the basis of this research, it were
possible to produce a drug which after a
Imperceptible sterilization on human
beings, then we would have a new powerful
weapon at our disposal. The thought
alone that the 3 million Bolsheviks, at
present German prisoners, could be sterilized
so that they could be used as laborers but
be prevented from reproduction, opens the
most far reaching perspectives." (Underlining
Pokorny's).

Pokorny explained that caladium seguinum, when applied
orally or by injection, would produce permanent sterility
of male and female human beings as Madaus' research on
animals had proved. Pokorny said that if his ideas met
with Himmler's approval, the following should be done:
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(NO-P37, Pros. Ex. 146, R. 513). Also Heydrich, the Chief
of the Security Police and Security Service (SD), was
informed about the possibilities of sterilization by caladium
seguinum obvious in contemplation of the mass sterilization
of Jews. (NO-047, Pros. Ex, 145, R. 513).

Pohl wrote to Himmler on 3 June 1942 that since
caladium seguinum grew only in North America and, during the
war, could not be exported in adequate quantities, attempts
to grow the plant from seed cultivated in hot houses had been
made by Dr. Koch of the Biological Institute of the Madaus
Works. These attempts had been successful, but the process
of growing the plant and developing the drug was not speedy
enough and the yield not sufficient to permit experimentation
"on a large sonle." In order to remove these differences,
it was considered necessary to build a larger hot house.
Pohl had promised that to Koch. (NO-046a, Pros. Ex. 148,
R. 515). On 11 June, Rudolf Brandt advised Pohl that he
had informed Himmler of Pohl's letter and that Himmler
wanted Pohl to see to it that a large hot house was placed
at Koch's disposal as soon as possible as Himmler considered
the experiments "extremely important". Rudolf Brandt also
asked Pohl for further reports in the matter. (NO-046b,
Pros. Ex. 149, R. 516). Eight days later, Brandt had a
conference with Pohl in which, among other things, he informed
him of Himmler's request to have the ingredients of caladium
seguinum thoroughly investigated. Himmler wanted to know
whether equally effective ingredients were contained in
plants which were to be found in Germany or in any place in
Europe accessible to the SS. Dr. Koch was to be supported
to the fullest extent. He informed Pohl that: "The
Reichsfuehrer SS also requests that with the ingredients
of this plant on hand, sterilization experiments should now
in any case be carried out in the concentration camps."
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Pohl agreed to take the necessary steps at once. (NO-044,
Pros. Ex. 150, R. 517), The office IV-B-4 of the Reich
Main Security Office, the agency which was in charge of
the "solution of the Jewish question" (Judgment of the
IMT, R. 16924) was informed by Himmler's adjutant about the
research work and requested to collaborate closely with
Pohl in this matter. (NO-050, Pros. Ex. 151, R. 518).
.Approximately a year after Pokorny's instigation of
sterilization experiments, the deputy Gauleiter (Province
leader) of the Lower Danube (lower Austria), SS Obergruppenfuehrer
Gerland, made the s*me suggestion to Himmler.
Gerland advocated experimentation on inmates of the Gypsy
camp of Lackenbach in the Lower Danube with caladium seguinum.
Gerland pointed out that if these experiments should he
successful, which was to be expected, it would be possible
to sterilize practically unlimited numbers of people in
the shortest time and in the simplest way conceivable.
(NO-039, Pros. Ex. 153, R. 519). Brandt informed Gerland
that this matter was already known to Himmler (as a result of
Pokorny's letter) and was being worked on. He asked Gerland
whether he had caladium seguinum available and what means for
the procurement of this plant he would suggest. (NO-040,
Pros. Ex. 154, R. 521). Pohl informed Gerland on 7 September
1942 that he was personally supervising the experiments,
together with Dr. Lolling, the Chief Physician of the
concentration camps. (NO-042, Pros. Ex. 155, R. 523).
In the letter of the same date to Brandt, Pohl said that an
agreement had been reached with Madaus "to transfer the
experiments to our concentration camp as soon as possible."
(NO-041, Pros. Ex. 156, R. 523). Gerland later advised that
his assistant Dr. Fehringer wished to attempt to produce
caladium seguinum synthetically and suggested collaboration
between Lolling and Fehringer. (NO-043, Pros. Ex. 157, R. 524).
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Brandt agreed to the collaboration between Fehringer and
Lolling. (NO-049, Pros. Ex. 159, R. 525; NO-048, Pros. Ex.
158, R. 524). The proof has shown beyond a reasonable doubt
that sterilization experiments with caladium seguinum were,
in fact, carried out on concentration camp inmates. Himmler,
who was the highest authority,to decide such questions, not
only gave his consent to these experiments (NO-036, supra),
but considered them "extremely important" (NO-046b, supra)
and requested that they should be carried out in the
concentration camps in any case. (NO-044, supra). When
informed about Himmler's request by the defendant Rudolf
Brandt, Pohl, who was in charge of the administration of
the concentration camps, agreed to take the necessary steps
immediately. (NO-044, supra). The transmittal of the
report of Madaus to Heydrich, the Chief of the Security
Office and SD, with reference to "the question of sterilization
by medicine" (NO-047, supra) could only have had
the purpose to inform him of the nature of this type of
sterilization experiments. There can be no doubt that the
Office IV-B-4, which was charged with the solution of the
Jewish question, was informed about Madaus' research work
for the purpose of furnishing the necessary Jewish victims
for the experiments. The collaboration of Dr. Lolling, who
was the doctor in charge of all concentration camps, can
only be explained in connection with experimentation in
those camps. This is also clear from Gerland's letter to

Rudolf Brandt:

"SS-Obergruppenfuehrer Pohl has informed
me that the doctor of his Main Office is
already collaborating with the Madaus
Biological Institute for research on the
effects of caladium seguinum, so that the
suggestion of my District Main Office
Leader (Gauhauptstellenleiter) Dr. Fehringer
becomes obsolete." (NO-043, supra- emphasis
supplied).

It can only be concluded that Pohl and Lolling carried
out the experiments in concentration camps as it was agreed
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upon between them, Himmler, Rudolf Brandt and Madaus.
(NO-041, supra). Moreover, Brandt himself admitted in his
affidavit that experiments with caladium seguinum on human
beings were carried out in concentration camps.

"As result of Pokorny's suggestion
experiments were conducted upon
concentration camp prisoners in order to
test the effect of the drug. Simultaneously
all efforts were made to cultivate the plant
in large quantities. Oswald Pohl, Chief of
the Economic and Administrative Main Office
(WVHA), took a personal interest in this
matter. Hothouses were used, with a certain
amount of success, to cultivate this plant,
and the experiments were continued."
(NO-440, Pros. Ex. 141, R. 501).

Pokorny admitted having written the memorandum to
Himmler (R. 10041-2) which brought about the sterilization
experiments with caladium seguinum. He stated in his
defense that he only wanted to prevent the execution of
Himmler's intentions for mass sterilization and extermination
of the inhabitants of the Eastern territories and Jews.
He allegedly learned about this plan from a patient of his,
a certain Voigt, in July 1941, and wanted to sabotage this
plan of Himmler. (R. 10037). He considered the idea to
sterilize human beings by caladium seguinum scientifically
impossible and was of the opinion that the conclusions of
the articles of Madaus did not quite correspond with the
facts, so he got the idea that this impossibility of
execution might be a way to frustrate Himmler's plan for
mass sterilization. (R. 10040). He, therefore, approached
a high-standing personality, who was a friend of Himmlor's
but whose name was unknown to him, to forward a letter to
Himmler suggesting such sterilization to Himmler. This
personality suggested that he might approach Professor
Hoehn. (R. 10042). Pokorny further stated that it is
impossible or nearly impossible to sterilize or castrate
a human being with caladium seguinum in Europe, as
tropical plants grown in hot houses lose their poisonous
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effect. Moreover, a very high amount of drug would be
necessary to achieve castration of a human being with the
use of caladium seguinum. (R. 10069). This protestation
of idealism and high purpose in trying to sabotage the
sterilization and extermination of Jews and opponents of
the Nazi regime has been used by every criminal proved
to have been a party to such mass murders and persecutions.
Streicher was all for a "decent solution of the Jewish
question" and wanted the Jews resettled on Madagascar.
(See closing statement of Mr. Justice Jackson). The
defendant Braek uses precisely the same ridiculous "defense".
He can't understand how he could be regarded as an enemy
of the Jews. His proposals for X-ray sterilization were,
as Pokorny's, simply an effort to frustrate the plans for
extermination. X-ray sterilization, just as medicinal
sterilization, was really impossible. These statements
are of course the last attempts of desperate men to avoid
the just penalty for their horrible crimes. They are
obvious attempts to impose upon what they hope are generous
and gullible opponents. Pokorny's treatment of his own
half-Jewish wife is evidence enough of his real regard
for so-called "racial inferiors".
The contention that caladium seguinum could not
cause sterility in human beings is no defense. It is
quite sufficient that they thought it might be effective
and did everything they could to make it so. One commits
a crime when he attempts to murder someone even though
that may be physically impossible. Moreover, there is
considerable proof that caladium seguinum can produce.
castration in human beings. The expert witness Dr.
Scheiffarth came to the following conclusions on the basis
of a study of the publication on animal experiments by
Madaus:
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"According to thorough examination of
the tissue as shown in the microphotographic
reproductions (illustrations II b, IV b and V b
on page 77, 78, 80, 82) and according to the
explanations given in the text by the authors
themselves, the reactions caused by caladium
show 'a striking similarity with changes
caused by castration in the entire male
sexual organism (pago 87 of the publication).
Nevertheless the authors do not want to draw
the conclusion that the point of attack of
the caladium is selectively situated in the
germ-glands."

"The only essential result of the present
publication is that the effect of caladium
might correspond to a castration. As
mentioned at the beginning the main
objection to the application of this method
to human beings would be that castration
does not only mean 'sterilization', i.e.,
prevention of breeding, but also a serious
injury to the biological entirety of the
individual." (NO-3347, Pros. Ex. 546,
R. 10368).

Dr. Tauboeck in his affidavit stated on the same subject:

"By careful examination of sections of mice
and rats and of the histological preparations,
I was convinced that the publications of
Messrs. Madaus were perfectly true. By
this examination I, as a specialist in this
field, gained the conviction that sterilization
with caladium seguinum is no Utopia, but
something which is quite within the bounds
of possibility. On the return journey from
Dresden to Berlin, the SS men revealed to me
that this research w as being carried out
on the express order of Reichsfuehrer SS
Himmler in order to supress birth among the
Eastern nations. After this fact had been
revealed to me I was sworn to secrecy."

"I am convinced from a scientific point of
view that it is possible to produce a highly
effective preparation from caladium plants
cultivated in mid-European climates....."

"As a result of all example and explanations
mentioned I am of the opinion that mass
production of a castrating preparation from
caladium seguinum in Germany or in the German
occupied countries is no dream, but could
easily have been put into practice. Another
proof of the harmfulness of the caladium
poison is the fact that the Madaus examinations
confirmed beyond doubt the castrative effect
of onladiun despite all the shortcomings
already described. All this made me realize
at once the criminal character of such research
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and for this reason did not carry it out as
far as my specifio order was concerned.
The SS, however, took a great interest
in this matter. I received my orders as
an employee of the I.G. Farben Industrie
from the chief of the security police, first
through the onmauflaged office of the
Research Institute Gruenwald-Berlin and
later direct. I know, however, that the
firm Madaus placed their orders through
SS Obergruppenfuehrer Pohl separately and
am not acquainted with the development of
this matter." (NO-3963, Pros. Ex. 528,
R. 10088).
The letter from Pokorny to Himmler is the only
evidence against him, but it is quite sufficient.
He instigated the crime of mass sterilization and
suggested a way of accomplishing it. He thus became an
accessory before the fact. "An accessory before the fact
is one who, though absent at the commission of the felony,
procures, counsels, or commands another to commit said
folony subsequently perpetrated in consequence of such
procuring, counsel, or command". (Wharton's Criminal
Law (1932) Vol. 1, Section 263). Nothing could be
clearer than that Pokorny counselled and instigated the
precise crime which was committed. His was specific, not
general advice as to the ways and means of accomplishing
the crime. Wharton's states that: "Under the head of
'counsel' may be included advice and instruction as to
the modes of committing particular crimes..." (ibid,
section 265). Moreover, it "makes no matter how long a
time or how great a space intervenes between the advice
and the consummation, provided that there is an immediate
causal connection between the instigation and the act".
(ibid). The causal connection in this case is clear
and unequivocal. Pokorny's instigation formed the direct
basis for what was done. His memorandum was read
and approved by Himmler and passed on to those who did
the work.
Not only must Pokorny be found guilty of the caladium
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seguinum crimes, but also of being connected
with plans and enterprises involving the commission
of criminal sterilization experiments by other means
as well. His instigation necessarily gave impetus
and support to the basic crime of mass sterilization
itself. Pokorny suggested medicinal sterilization,
Brack - X-ray, and Clauberg - injection. But they
all had the same criminal purpose and led to the
same unlawful end. Each supported and furthered
the other. In the summer of 1942, Himmler was making
efforts in all directions to find a fast and inconspicuous
means of mass sterilization. Pokorny was a party to
the criminal plan and his guilt is measured by the sum
total of crimes committed.
The Prosecution submits that the evidence proves
that Pokorny was a principal in, accessory to, ordered,
abetted, took a consenting part in, was connected with
plans and enterprises involving, and was a member of
an organization or group connected with, the commission
of medical experimentation on human subjects
without their consent, in the course of which experiments
murders, brutalities, cruelties, tortures, atrocities,
and other inhumane acts were committed, and
that his guilt has been established under Counts I,
II and III.
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