All persons in the court-room will please find their seats. You will all rise.
(The judges of the Tribunal enter)
THE DEPUTY MARSHAL: MILITARY TRIBUNAL NO. 1 is again in session.
MR. McHANEY: I continue with the presentation of the DING diary, and we are now up to the entry of 8 March 44 to 18 March 44, appearing on page 49 of the English Document Book:
Spotted fever vaccine experimental series VIII (eight) Suggested by Colonial Medical Corps of the air-corps, Prof ROSE (Oberst Arzt)
MR. McHANEY: But here, if I may say, parenthetically, is the entry in the DING diary concerning the series of experiments suggested by the Defendant Rose. This was also dealt with at some length by the witness KOGAN. And we see, as a result of this situation on the part of the defendant Rose, that the experiments were actually carried out, and resulted in the death of six (6) human beings. And, I should also like to add, that at this time, the Defendant Rose was subordinated to the Defendant Schroeder, who, by this time, was Chief of the Medical Luft-waffe, since he had replaced Hippke on the 1st of January 1944, and accordingly, he also is responsible for this series of experiments.
"26 May44- Withdrawal of blood to produce spotted fever convalescent 16 June 44 serum.
MR. McHANEY: Which is abbreviated by the letters "F.F.R.S."
To produce FFRS, 6500 cc blood were taken from 15 spotted convalescents between the 14th and 21st day after the fever had subsided, and sent by courier to the SS main headquarters (SS Fuhrungshauptamt), departmental group (Amtskruppe) D, department (Amt) X VI (blood conservation) Attention SS-Hauptsturmfuehrer (Capt) Dr. ELLENBECK - Berlin, Lichterfelde.
And, I would remind the TRIBUNAL that the defendant GENZKEN was at this date, and throughout the whole course of these experiments, Chief of "(Amtsgruppe) D", and, consequently, these experiments were carried out under his jurisdiction.
The TRIBUNAL will recall that the witness KOGAN testified that some of these convalescents died, and that in his judgment, it could not be determined whether the deaths resulted from the TYPHUS experiments to which they were subjected or to the withdrawl of blood which produced this serum:
22 May 44 16 Jun 44 By order of the military academy for medicine, Berlin, 44 capsules of blood plasma were tested on 44 experimental persons for their compatibility on humans.
19 Jun 44:
"Test protocol sent to the highest hygienist" That "highest hygienist", of course, if defendant GENZKEN and the "Blutserum-Konserven)" the Medical Academy of Berlin, which of course was the organization under the direction of the Defendant HANDLOSER. And here again, on these blood plasma experiments, the witness KOGAN testified that the persons died as a result of the shock, when this whole blood plasma was administered to them. "19 June 44:
"Test protocol sent to the highest authority of the Reich medical officer of the SS and police, Berlin.
Ding Spotted fever vaccine experimental series IX 17 July 44 27 Jul 44:
The spotted fever vaccine "Weimar"m produced by the department for spotted fever and virus research of the hygiene institute of the Waffen SS, Weimar, Buchenwald, was tested according to orders for its compatibility on humans.
This vaccine was produced from rabbit lungs according to the process Durand-Giroud. It contains virus (Rickettsia Browazeki) of self-isolating types deadened and bloated with 2/00 formol.
20 persons were immunized on the following dated with 1 cc each 17 July 1944 22 July 1944 27 July 1944 The vaccinations were made subcutaneous on the right respectively the left upper arm.
For comparison 20 persons were immunized at the same time with vaccine "Weigl", produced from lice by the army supreme command (OKH) in Crakow according to regulations.
Furthermore, 20 persons were considered for control.
6 Sept 44:
The 60 experimental persons were infected by subcutaneous injection of 1/10 cc spotted fever sick fresh blood each into the right upper arm.
All persons fell sick as follows:
a) "Weimar" 9 slightly 7 Slightly medium 4 medium
b) "Weigl" 6 slightly to medium 8 medium 6 seriously
c) Control 1 medium 19 Seriously 17 Oct 44:
The experimental series was concluded.
4 Nov 44:
Chart and case history completed 24 deaths (5 Weighl) (19 Control) MR. McHENEY: The translation notes the signature of "Dr. Kluber". That; of course, should be "Schueler"!"Withdrawal of blood to produce Spotted fever convalescent scrum (FFRS) 13 Oct 44:
31 Oct 44:
To produce FFRS, 20.8 liters blood were taken from 44 spotted fever convalescents between the 14th and 21st day after the fever had subsided, and sent by courier to the SS main headquarters (SS Fuehrungsha*uptamt) Department group (Amtsgruppe) D, Department (Amt) XVI (blood conservation) SS Sturmbannfuehrer (Major) Dr. ELLENBECK, Berlin- Lichterfelde.
Kluber 26 Oct 44:
Special experiment on 6 persons according to instructions of SS-Oberfuehrer Lecturer Dr. MRUGOWSKY and RKPA (Report on this orally).
Therapeutic experiment with spotted fever vaccine:
13 Nov 44:
By order of the highest hygienist of the Waffen SS of 12 Aug 44, is to be determined whether the course of spotted fever sickness can be tempered by the intravenous or intramuscular injection of spotted fever vaccine.
For the experimental series 20 persons were considered, of these 10 for intravenous injection (Series A), 10 for intramuscular injection (Series 3) and in addition 5 persons for control.
"On 13 November 1944 the 25 experimental persons were included by subcutaneous injection of 1/10 cc each spotted fever sick fresh blood.
"All persons fell sick as follows: Series A: 10 serious, Series B: 1 medium, 9 serious, Control: 5 serious.
"22 December 44: The experimental series was concluded.
"2 January 45: Chart and case history completed. 19 deaths (9 Series A. 6 series B, 4 control,)" that highly successful experimental series ordered by the Defendant Mrugowsky killed nineteen out of the twenty-five persons experimented upon.
This concludes the very illuminating Ding diary, and I think while perhaps the report submitted to the Tribunal in connection with the freezing experiments gave one of the shortest accounts in criminal history of seven murders-- you will remember that they were shown in an appendix attached to the report-- certainly this Ding diary gives us one of the most detailed reports of the murder of a large number of helpless human beings, and I think it would be appropriate at this point to sum up what the Ding diary shows. It is little difficult at times to be quite sure of the results reported in the Ding diary. We sometimes cannot tell what the precise results of this or that experiment was, but a capitulation which I have had made on this diary shows that in the typhus experiments from the fifth of January. 1942, through the Last entry in the diary to the second of January, 1945, no less than 729 person were experimented on with typhus and were infected with virulent typhus. As a result of these experiments no less than 154 of those persons dies as a result of these typhus experiments, and I wish to make clear, as testified to by the witness, Kogon, that these figures which I have just read off do not include those unhappy people who were selected and infected with virus simply to be sure that a living virus was available to the persons conducting these experiments or infection in the typhus experiments themselves. I think Kogon described those as the "passage group" were selected each month from the period of his entrance in Block 59 in April 1943, until March, 1945, for the simple purpose of infecting with a living typhus virus so that infection material would be continuously available in human blood for the further infection of people in the vaccination typhus experiments. That means that we would have to add to the death toll of 154 persons of figure between ninety and one hundred twenty additional people who died as a result of the so-called virus passage experiments since Kogon testified that between ninety and ninety-five percent of those person died as a result of the typhus infection.
On the yellow fever vaccine experiments which are reported on Page 42 of the English Document Book under the date entry of 10 January 1943 a very large number of people were experimented on with yellow fever. The results of this experiment are not stated in the diary, the notation being at the end of the entry: "Production abandoned because of Military situation." Of course, that they were saying there was that the German Armed Forces were losing out in North Africa, and that, consequently, the need for a yellow fever vaccine was no longer critical. The ambitious war lords of Germany, of course, expected to have their soldiers in Bakar and in the Western approaches of North Africa where yellow fever is extremely prevalent. Of course, that explains the reason why they showed such a keen interest in yellow fever vaccine.
The small pox, typhus, typhoid A and B, that is, paratyphoid, cholera, spotted fever and diphtheria experiments reported under an entry of 24 March 43 to 20 April 43 tells us that 45 persons were subjected to those experiments with the result not stated.
The incendiary bomb experiment performed, as the diary states, upon five persons, the entry being that of 19 November 43 to 25 November 43, with the result not stated. However, the witness, Kogon, enlightened us on that subject and described rather vividly the suffering of the persons that were subjected to this experiment. He stated, as I recall, that they are still bearing the scars as a result of these burning tests.
The two poison experiments reported in the diary of the 30th of December. '43, and the 26th of October, '44, show that ten persons were experimented upon, and the witness, Kogon, has testified that all ten either died as a result of the poison or were immediately killed in order perform autopsies upon their bodies.
This summary does not include the persons who died as a result of the old blood plasma experiments on behalf of the defendant Handloser's military medical academy or the withdrawal of blood from typhus convalescents for the purpose of making a serum, which was done for Department D of the SS Fuehrungshauptamt, headed by the defendant Genzken, nor does it cover the withdrawal of blood in the "little camp" to make blood plasma, where, as the witness, Kogon, stated, the inmates were dying like rats.
At this time the Prosecution would like to have the witness, Kirchheimer, called to the stand.
JUDGE SEBRING: What is the nationality of this witness, Mr. Hardy?
MR. HARDY: German nationality.
JUDGE SEBRING: All right.
FRITZ KIRCHHEIMER, a witness, took the stand and testified as follows:
BY JUDGE SEBRING:
Q. You will stand in your place at the witness chair, hold up your right hand and be sworn, repeating after me:
I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing.
(The witness repeated the oath.)
JUDGE SEBRING: You may be seated.
DIRECT EXAMINATION BY MR. HARDY:
Q. Witness, your name is Fritz Kirchheimer, is it not?
A. Yes.
Q. Your last name is spelled K-i-r-c-h-h-e-i-m-e-r-?
A. Yes.
Q. Your were born on 10 March 1911?
A. Yes.
Q. Where were you born, witness?
A. In Heilbronn on the Neckar.
Q. You are now German citizen, witness?
A. Yes.
A. Yes.
Q. Would you kindly tell us what your present address is, witness?
A. Frankfurt on the Main, Offenbacher Landstrasse 543.
Q. Did you attend the public schools in Heilbronn?
A. Yes.
Q. When did you complete your education?
A. 1925.
Q. Would you kindly tell the Tribunal, witness, what you did from 1925 after the completion of your education until you were arrested by the Nazis and imprisoned?
A. For a short time I visited a commercial school, and then in 1926 went to South America. From there I went to the United States where I dealt with skins. In 1932 I returned to Germany. I became a buyer for a department store, and I was dismissed from the department store in 1935 because of the Nurnberg laws. Until my arrest I lived by selling leather goods.
Q. Witness, during all this period of time your major occupation was that of a salesman of leather goods?
A. Yes.
Q. Now, witness, prior to your arrest by the Nazis in 1936, were you ever before that time either in Germany, South America, or the United States in the custody of the police?
A. Yes.
Q. When was that, witness?
A. That was in 1928.
Q. Where?
A. Chicago.
Q. How long were you in the custody of the police, witness?
A. For twenty-four hours.
Q. Will you kindly tell the Tribunal the reason why you were in the custody of the police in Chicago?
A. At that time there was prohibition and I was arrested by the police in a drunken state.
Q. Thank you, witness. Now, witness, when were you placed under arrest by the Nazis?
A. On the 29th of December, 1936.
Q. What was the reason given for your arrest, witness?
A. Racial violation.
Q. You are a Jewish witness?
A. Yes.
Q. After your arrest by the Gestapo in December, 1936, where were you first imprisoned?
A. In the Gestapo prison in Cologne.
Q. How long did you remain in that prison, witness?
A. Seven months.
Q. Then where were you transferred to?
A. Then for six months I was in Wittlich on the Moselle.
Q. And then
A. And from there I went to Hausenmohr in Schleswig-Holstein, and from there in 1936, December, 1936,--or no, rather December, 1938, to Buchenwald.
Q. And you remained at Buchenwald until the liberation by the Allied Forces in April, 1945, witness?
A. From the 11th of April, 1945, I was liberated by the Americans in Buchenwald.
Q. Therefore, you were an inmate of the Buchenwald Concentration Camp for a period of time exceeding six years, witness?
A. Yes.
Q. Now, witness, when you arrived at the Buchenwald Concentration Camp, what was your first duty?
A. As a racial violator I was sent to the punishment company where for nearly three years I had to work in the quarry carrying stones and breaking them.
Q. After the end of three years working in this stone quarry, the punishment company, did you then receive a new assignment?
A. After being released from the punishment company, I became the so called orderly in tho hospital.
Q. How long did you remain as orderly in the hospital barracks?
Until being transferred to Block 47. I beg your pardon. I meant to say Block 49 and 44.
Q. Then about the beginning of 1942, in the first months of 1942, you were transferred to Blocks 44 and 49?
A. Yes
Q. In what capacity did you serve in Blocks 44 and 49?
A. I was attendant at the both room.
Q. Now will you tell the Tribunal what Blocks 44 and 49 were, witness?
A. Block 44 and 49 was an experimental station for typhus experiments.
Q. Did this experimental station in Blocks 44 and 49 later move to Block 46, witness?
A. After a short time Block 44 and Block 49 was sent to Block 46.
Q. Who was in charge? Who was the officer in charge of Block 46, witness?
A. Sturmbannfuehrer Ding-Schuler.
Q. Did he have any assistant doctors under him?
A. His deputy was Dr. Hoven.
Q Now, witness, in your capacity as a nurse in Block 46, were you in a position to know, that is, from your own knowledge that experiments were being conducted on human beings in Block 46?
A Yes.
Q What type of experiments were being conducted, Witness?
A Experiments were being conducted with typhus, yellow fever, and infections with lice were carried out.
Q Now, these infections with lice, witness, did you over witness any inmates at Buchenwald Concentration Camp being subjected to the infection with lice.
A Yes.
Q Will you kindly tell the Tribunal what you saw at Block 46 in connection with the infection of inmates with lice?
AA courier brought the lice into Block 46. The inmates were sent into that wing in a naked state, and then had to sit down, and they were shackled. Then the lice boxes were tied onto their legs with rubber bands.
Q How long did those inmates remain in that position, witness?
A approximately twenty minutes.
Q And, you say, witness, that you personally saw, yourself, that these inmates were chained to the chair and that these cages of lice were attached by rubber bands to their legs; is that correct?
A Yes.
Q Did you ever see any inmates being infected by any method other than with lice, witness?
A Yes.
Q What method was that?
A They were injected in the upper arm.
Q What were they injected with, witness?
A They were injected with typhus, typhus culture.
Q Did you ever witness any of these inmates being subjected to injections with infected blood?
A Yes, I saw such injections being carried out.
Q Now, witness, you have told us that inmates were infected with lice. You said that a courier brought these lice to Block 46 in Buchenwald. Do you know where those lice came from?
AAccording to what the courier said, these lice came from Krakow. The couriers came along and range the bell in the Block 46. I opened the door and they gave me the packages, and then remained for a few minutes smoking cigarettes.
Q Now, witness, when these inmates were being infected with lice and were chained to their chairs, who was present at that time?
A These were present: The Capo Dietsch, Doctor Hoven, and one officer of the Wehrmacht.
Q Was Doctor Ding-Schuler present, witness?
A No.
Q Now, witness, as a result of these experiments, these injections, which you, yourself, saw: do you know whether or not any of the inmates subjected to these experiments died as a result of them?
A During my time in Block 46, I saw approximately twenty persons die.
Q Now, witness, you say you saw these people die. Were you in a position, personally, to see the dead after such experiments had been conducted?
A Yes.
Q Were your duties as a nurse directly connected with the care of the inmates subjected to these experiments?
A I had the task to bathe the inmates, to care for their belongings, and I therefore had excess to every ward.
Q Now, witness, you stated you had to care for their belongings as well as take care of them physically. You were in a position to determine what type of prisoners were being subjected to these experiments, were you not?
A There were all sorts of prisoners.
Q Can you tell us, witness, what procedure was carried out when a victim was brought to the Block 46 to be experimented on; that is, did the victim first report to you and surrender his clothing?
Tell us the entire details of what happened to the inmates upon their arrival in Block 46?
AAfter the inmates arrived at Block 46, they had to undress completely. I noted down their personal effects and noted their personal data, and then the inmates were bathed and received clean pajamas and were then brought into the ward rooms.
Q Now, witness, you stated that you wrote down their personal data from the inmates; therefore, could you tell the Tribunal whether or not any Polish people were used in these experiments?
A Every sort of prisoner was used for these experiments.
Q That is, all nationalities, witness?
AAll nationalities.
Q Now, witness, were political prisoners used for these experiments, from your knowledge, in connection with your duties?
A Yes.
Q Were criminal prisoners used?
A Yes.
Q Now, were you able to determine, witness, whether or not these criminal prisoners used in these experiments were criminals condemned to die or to death for crimes they committed?
A Yes.
Q Were any of these criminals used, that were, in fact, condemned to death?
A No.
Q Now, witness, you have stated in your time that you saw twenty deaths. Now, after a person led what happened to him? Did you have any connection with the corpse after completion of the experiments?
A the corpse was taken into the bath room, I then had to write his number on his side with ink, and then, and then had to deliver his personal belongings there after the corpse was laid on a stretcher and sent into the morgue of the hospital.
Q And, you say, witness, that you personally, yourself, wrote a number on the dead person?
A Yes.
Q That you had twenty or more of such experiences; is that correct?
A I could not give you the exact data but there were at least twenty persons.
Q Now, witness, you arrived in Block 46, in other words, were assigned to duty in Block 46, in early 1942; is that correct?
A Yes.
Q Did you then later receive a reassignment for duty in Block 50?
A Yes.
Q When did that occur, witness?
A That was early in 1943 when I received the task to start in Block 50 with the Capo there.
Q Then, you remained in Block 50 until your liberation in April 1945; is that correct?
A Yes.
Q In your position within the concentration camp did you see the defendant Hoven?
A Yes.
Q Will you look over to the dock and identify Hoven, witness?
A The fourth from the left in the last row.
Q Would you stand up, witness, and walk out here to the middle for identification purposes?
(Witness walks to the floor.)
A The fifth one.
Q All right, witness, you may be seated.
MR. HARDY: I request, your Honor, that the record show the witness properly identified the defendant Hoven.
THE PRESIDENT: The record will show that the witness identified the defendant Hoven in the dock.
Q Now, witness, during your tine in Block 46, do you personally know of any visits of a Doctor named Mrugowsky?
A Mrugowsky was there on at least two occasions, there in Block 46 -once in Block 46 and later in Block 50; that is twice as far as I know.
Q Did you see him yourself on any of the visits to Block 46?
A I did not really sue him in Block 46.
Q Where did you see him, witness?
A In block 50.
Q What was the occasion when you saw him? Did he come to your office, or where you wore stationed, or did you happen to see him casually, or under what circumstances?
AAs the orderly in Block 50 for Sturmbannfuehrer Dr. Schuler, I had to serve coffee, whenever Dr. Mrugowsky was there for a visit.
Q Now, witness, do you believe that you could recognize Dr. Mrugowsky in the dock?
A No.
Q You don't think you could recognize him?
A No, so many things have happened to me that I do not think that I could remember Mrugowsky's face and that I could identify him properly.
Q Then, how do you know that Mrugowsky visited Buchenwald? Were you told that that was Dr. Mrugowsky, or was he a famous person and when he came he was much talked about?
A Whenever in Block 50 or 46 a visitor arrived, a few days before that we were told to keep everything clean and in order to make the best impression on the visitor. Sturmbannfuehrer Schuler gave me the order to keep everything in order and sparklingly clean for the occasion of a visit of Mrugowsky.
Q Now, witness, in your work at Buchenwald, did you have a close relationship to the defendant Hoven, whom you have just identified?
A Personally I did not have very much to do with Dr. Hoven.
Q Did he visit Block 46 often?
A Yes, very often.
Q Was he in charge of Block 46 whenever Dr. Ding-Schuler went on a trip?
A Yes.
Q And on such occasions were the experiments still going on?
A The experiment was still carried on, whether Sturmbannfuehrer Dr. Schuler was there or not.
Q That is, experiments were being conducted when Dr. Hoven was in charge of Block 46, in the absence of Dr. Ding? Is that correct?
A Yes.
MR. HARDY: I have no further questions, Your Honor.
THE PRESIDENT: Does any of the Counsel for the defendants desire to cross examine this witness?
CROSS EXAMINATION
BY DR. FLEMMING (Counsel for defendant Mrugowsky):
Q Witness, would you describe to the Tribunal in what manner the bathing installation in Block 46 or before in 44 and 49 was operated?
A The bathing installation was very primitive. For the very first experiment -- there were approximately 60 or 80 experiments -- we only had one basin with one shower. Since our boiler was heated by means of coat, it was hardly possible to bathe all patients as regularly as should have been done.
Q So, you did not bathe all patients but only a part of them?
A I bathed all the patients, but not always in the prescribed period when it should have been necessary.
Q You were speaking about yellow fever experiments, witness.
A Yes.
Q After the vaccinations, did any persons receive yellow fever?
A Yes, some of them became ill. The yellow fever experiments, as was told me by Capo Arthur Dictsch and the clerk, were soon discontinued because, apparently, they did not show the wished for results.
Q How do you know, witness, that in the case of the yellow fever experiment--which you have described as an experiment--we are really concerned with experiments and not just with protective vaccinations?
A The Capo of the block and all nurses told me that during the course of conversations. In addition, I had insight into the case histories, Official transcript of the American Military Tribunal in the matter of the United States of America, against Karl Brandt, et al, defendants, sitting at Nurnberg, Germany, on 9 January 1947.
0930, Justice Beals presiding.
THE MARSHAL: The Honorable Judges of Military Tribunal 1.
Military Tribunal 1 is now in session.
God save the United States of America and this Honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Mr. Marshal, will you ascertain that the defendants are all present in the courtroom.
THE MARSHAL: May it please Your Honor, all the defendants are present in the courtroom.
THE PRESIDENT: The Secretary-General will note for the record the fact that all the defendants are present in the court.
Because of transportation difficulties one of the judges is late. We cannot proceed with the taking of testimony, but the court has an announcement to make and we will proceed with that.
In the matter of the need for an established procedure for obtaining written statements from persons having knowledge of facts deemed by the defendants to be material and of probative value to their respective defenses having been called to the attention of the Tribunal, and the members of the Tribunal having met with representatives of the prosecution and with a committee of defense counsel, and thereafter the representatives of both the prosecution and counsel for the defendants having presented to the Tribunal a written and signed outline of a method mutually satisfactory to the prosecution and to the defendants' counsel, whereby written statements signed and witnessed may, if of probative value and otherwise in proper form, be offered in evidence before the Tribunal and received in evidence if in the judgment of the Tribunal they should be so received, notwithstanding the fact that such statements may be signed by the person making the same without having been sworn to before an officer or any person having by virtue of an office lawful authority to administer an oath in due form of law.
The Tribunal has considered the written stipulation signed by representatives of the prosecution's staff and by representatives of counsel for the defendants and desires the following order in connection with the subject matter thereof: First, it is ordered by Military Tribunal 1 that the rule heretofore promulgated and adopted by the Tribunal concerning the requirements to be observed by the defendants in the preparation of written statements by defense witnesses "in lieu of oath" be and the same is hereby rescinded. Second, it is further ordered by Military Tribunal 1 that the following rule concerning the subject matter above referred to shall be, and the same is hereby adopted and "promulgated by the Tribunal for the information of all concerned."
a. Statements of witnesses made "in lieu of an oath" may be admitted in evidence if otherwise competent and admissible and containing statements having probative value if the following conditions are met.