In no case could the presence of virus be proved through these cultures; no positive results were obtained either by using microscopes or by any other method.
"The above experimental results therefore correspond with the opinion of Professor Gildemeister, president of the Robert-Koch Institute, who rejects the possibility of using the whole embryo for the preparation of vaccine. If, however only such chicken embryos are used whose vitelline-sacs are rich in Rickettsia, the adding of the total embryonic tissue would hardly influence the quality of the vaccine, since the additional dilution obtained by the total embryonic tissue can then be disregarded. Since the degree of infectiousness of the vitteline-sac tissues used by the Behring Plants cannot be determined from here, we cannot decide, based on the examinations on hand, whether the vaccine in question used by the Behring Plants has the same effect as the vaccine prepared only from the vitteline-sacs as customary up to now. Referring to an experiment carried through by the Robert-Koch Institute several years ago, it may be left undecided whether the increased production aimed by the Behring Plants by using the whole embryo does not prejudice the efficacy of the vaccine. In .../... line with my previous findings which are being confirmed once more by the examination on hand, we are obliged to share for the the being the opinion of the Robert-Koch Institute which admits only the use of vaccine extracted from vitelline-sacs, for the addition of the total embryonic tissue, which is very poor in Rickettsia to say the least, would be likely to introduce a serious factor of uncertainty because of the large limits within which the Rickettsia contents are bound to move.
(Signed) Oberatabsartz Prof. Dr. E. Haagen".
Now the next document is on Page 88 of Your Honors ' document book. Document No. NO-123, offered as Prosecution Exhibit No. 3O3. This is dated 9 May 1944, from Professor Haagen to Hauptamt SS through his distinguished Strasbourg colleague, Professor Dr. Hirt, the collector of skeletons, Anatomical Institute of the Reich University Strasbourg:
"I enclose herewith a carbon copy of a paper on our experiments with a dry spotted fever vaccine. The paper was sent as a manuscript to the Chief of the Luftwaffe Medical Service with the request for permission to publish it."
I wish to point out at this time, Your Honors, that on 9 May 1944 you will recall that the defendant Schroeder assumed the job as Chief of the Medical Service of the Luftwaffe, in early '44. At this time this was the position of Schroeder:
"It constitutes a report concerning further experiments with a spotted fever vaccine which has not been made sterile by chemical agents or by heating. As may be seen from the results, it has been possible to produce a vaccine which provides not only an anti-toxic immunity but also a definite anti-infectious immunity Which is of a particular practical significance. However, it is clearly pointed out that the vaccination is followed by a rather long fever reaction and therefore its introduction cannot yet be recommended. Further tests are now in progress to alter the vaccine so that, without losing its antigenic property, it will produce so weak a reaction that no general indisposition will result. These tests will be made by reducing the dose or by storing the vaccine for a longer interval.
"To carry out this research, experimental subjects will again be needed. I, therefore, again request that subjects be furnished to me for this purpose. In order to obtain results which are exact and which can be statistically evaluated, I ask that two hundred persons be furnished to me for innoculation. I may point out that they must be in a physical condition like that of members of the Armed Forces.
"It is highly desirable that I again be permitted to carry out these experiments at Camp Natzweiler.
(Signed) Prof. Dr. E. Haagen".
This is Haagen's second request for inmates to be used. Defense will bring up, and it is quite obvious that this letter apparently indicates the use of a virulent virus did not appear. This letter would indicate that this was merely experimentation with the vaccine and vaccinations were made. However, we want to impress upon the Tribunal that the major defense on the part of these defendants will be the absence of a virulent virus. We have had several witnesses here to testify on this documentary evidence introduced today that is conclusive enough to show that these experiments were not of the nature that they so state.
We turn again to the next document, page 89 of your Honors' Document Book and in this connection here friend Wolfram Sievers writing to Dr. Haagen. This document is NO 008 and it is offered as Prosecution's Exhibit No. 304, dated 19 May 1944. Subject -- This letter is addressed to Oswald Pohl. I am sorry, the letter is addressed to Oswald Pohl. You will recall that Dr. Lolling was mentioned considerably in the testimony of Kogon. That was the man that was in the place from four to six weeks.
"To the SS-Obergruppenfuehrer and General of the Waffen-SS POHL Chief of the SS-Economic Administration Main Office. Subject: Production of a new type of spotted-fever vaccine. Letter of 25 October 1943.
"Dear Obergruppenfuehrer:
"In compliance with our request of 30 September 1943 you approved on 25 October 1943 the carrying out of experiments for the production of a new type of spotted-fever vaccine, and for this purpose transferred 100 suitable prisoners to Natzweiler. With the assistance of the Chief of Office D-III SS-Standartenfuehrer Dr. Lolling, who was acting on your orders, the experiments have so far been carried out with the greatest success. From the findings of the report on hand it can be seen that success has been acheived not only in gaining an anti-toxin immunity with this serum, but also - which should be of the greatest practical importance - a pronounced anti-infectious immunity. The injection, however, is still followed by a fever-reaction of a fairly long duration, so that its introduction for protective injections in its present form cannot as yet be recommended. More extensive investigations have been initiated now in order to convert the vaccine to the extent that, whilst fully maintaining its anti-genity, the reactions caused will be so weak, that a considerable deterioration of the general condition will no longer take place. We wish to test if this can be achieved by lowering the doses of the vaccine, as well as by storing the vaccine for a longer period.
"The new vaccine is already in process of manufacture, so that further experiments could be immediately started if further suitable persons are on hand for experiments. I request therefore that you transfer persons once more to Natzweiler for this purpose. In order to achieve results as exact as possible and also statistically valuable, 200 persons would have to be furnished this time for injections.
It is again necessary, however, that the latter by physically in much the same condition as members of the Wehrmacht. Should there by urgent reasons why 200 experimental persons cannot be transferred to Natzweiler, then these experiments could be carried out in another concentration camp, even though this would create the greatest difficulties. In that case the overcoming of these difficulties would have to be the task of the scientists employed, although they are, at the same time, under contract to Strasbourg University for their lecturing work, as the results which are definitely obtainable are of the utmost importance for maintaining our soldiers in good health.
"As I have reported to you, the direction of the experiments lies in the hands of the Director of the Institute of Hygiene of the Reich University of Strasbourg, Professor Dr. Haagen, Chief Medical Officer (Oberstabsarzt) and consulting Hygienist to an air fleet, who was charged with this task by the Reich Marshal, President of the Reich Research Council. According to regulations Dr. Haagen must report to the Chief of the Medical Service of the Air Force concerning his work, in connection with which it must be mentioned with whose support the work is being carried out, these are in the first place the Reich Research Council, and secondly the SS, I request your decision of one of the following is to be named as supporting agency of the SS:
(a) The Reich-leader SS (b) The SS-Economic Administration Main Office (c) The Institute for Military Scientific Research of the Waffen-SS."
That's the VHA.
JUDGE SEBRING: Mr. Hardy, will you please read the last line? Are you reading from the original or reading from a translation?
MR. HARDY: I am reading from a translation.
JUDGE SEBRING: I wish that translation.
MR. HARDY: The connection is in the middle of the page. It says "Second sheet, page 2 of the original."
JUDGE SEBRING: No.
MR. HARDY: The very last line.
JUDGE SEBRING: "I request your decision of one of the following is to be named as supporting agency of the SS." I should like for one of the translators, if I may, if he has the original German, to translate that.
INTERPRETER: "I request for a decision whether the supporting agency should be designated as SS.
"(a) The Reich-leader SS (b) The SS Economis and Administration Main Office (c) The Institute for Military Scientific Research of the Waffen-SS."
MR. HARDY; I think our copy might read better if the word "of" was changed to "which" or "if". Turn to page 91 in connection with the same document and we see a copy was sent to Standartenfuehrer Dr. Brandt and Rudolf Brandt for information. He received and the initials appear. Turn now to page 92, Your Honor, Document Number NO--009. It is offered as Prosecution's Exhibit No. 305. It's a letter from Rudolf Brandt to Sievers dated 6 June 1944.
"Subject: Production of a new kind of innoculation material for spotted fever.
"Dear Comrade Sievers:
"Many thanks for sending me the copy of your letter of 19 May 1944 to SS Obergruppenfuehrer Pohl. I have informed the Reichsfuehrer SS, as the matter seemed important enough. As to the question of who is to be appointed as supporting office of the SS, the Reichsfuehrer SS was of opinion that the SS Economy Practical Research of the Waffen SS should be mentioned. Moreover it might then also be said that the Reichsfuehrer SS had personally fostered the experiments.
Heil Hitler!
Signed: Rudolf Brandt."
These two letters, your Honor, indicate the importance of these gentlemen of being recognized for their participation in any of this experimental work.
We will see later that all of these organizations, whether they be the Reichs Research Council of the Luftwaffe, or the Wehrmacht, or the SS, or whatever they may be here, during the time of the experiments they all were desirous of securing the good-will and the congratulations for their work and here now they are consistently denying it. We turn now to Document 127,. You will note in the Document Book, your Honor, that pages 92 and 93 are the same documents which have erroneously been put in twice and so if you will turn to page 94, it's document No. NO-127. It will be offered as Prosecution's Exhibit No. 306, dated 27 June 1944. It's addressed to Professor Hirt, Anatomical Institute of the Reich University, Strassbourg, its a letter *****Haagen to Professor Hirt.
"Subject, The Tests of dry vaccine for spotted fever.
"With reference to and in amplification of my communication of 9 May 1944, I wish to advise that after the vaccination itself no prolonged reaction as was observed in the preliminary experiments, is expected so that there should be little or no interruption of work.
"However, in the subsequent innoculations with virulent spotted fever which are to be made for the purpose of testing the protective vaccine, one must count on sickness particularly in the control group which has not received the protective vaccine. These after-innoculations are desirable in order to establish unequivocally the effectiveness of the protective vaccines. This time 150 persons will be used for the protective vaccine and 50 for the control innoculations.
"I should like to point out again that it is necessary that these experiments be carried out on persons whose physical condition is comparable with that of members of the Wehrmacht.
Heil Hitler:
Signed: Professor Haagen."
HR. HARDY: New you will recall I mentioned in connection with one of the documents it did not indicate whether or not there was any use of the spotted fever virus. They requested these prisoners to be brought out there merely to test their vaccine, but now we have a letter of the experimenter himself clearly outlining to his colleague Hirt as follows: In the second paragraph:
"In the subsequent inncculations with virulent spotted fever which are to be made for the purpose of testing the protective vaccine."
We also see that they are familiar with the Control Group which was mentioned by Dr. Haagen, the group which was at Buchenwald, the witness Kogon stated that "Resulted in ninety-five per cent fatalities." We turn now to Document Number NO-128, which is offered as Prosecution's Exhibit No. 307. This is dated 7 July 1944. This is another letter on the same subject in connection with Haagen. It is an approval of the Memorandum of Oberstabsarzt Professor Dr. Haagen and B. Crodel.
"Experiments with a new dried typhus vaccine II. Report.
"To "Airfleet Physician Reich.
"There are no objections against the publishing of the memorandum. However we call attention to the fact that the presentation of the infection results in diagram 1 and 2 differes from the usual presentation of vaccination results concerning typhus and makes it more difficult for the reader to evaluate. In examining typhus vaccines with regard to animals and men the presentation of the vaccination-results is made by average curves from the fever-curves of all experimental subjects on one side and of the control persons on the other side. Supplementary to these average curves the number of persons that fell ill or reached a certain temperature is given. Besides it would have been better if both diagrams had been elaborated up to the time when the complete and constant absence of fever of all experimental subjects was recognized."
And we have the signature of Oberstabsarzt and Commander. Note on the bottom full approval. Forwarded to Oberstabsarzt Dr. Haagen, enclosure of one manuscript and the initials "AB", but here we have the medical academy of the Luftwaffe which on the date you will notice in 1944 after the defendant Schroeder had taken over as Chief of the Medical Service of the Luftwaffe, approving the publication of this letter and the letter clearly indicates that this publication or report was sent for approval was one being used with the experiments which were conducted on human beings when the Control Group was used.
We see down here about nine or ten lines starting with the words, "Of the control persons on the other side."
We turn now to the next Document, Your Honors, an page 97. It is Document Number NO 129. This is offered as Prosecution's Exhibit No. 308. It is a letter from Dr. Hirt to Haagen dated 19 September 1944. Pardon me, Your Honor, there seem to be two dates. May I see the original? (Original is handed Prosecution Counsel). The original contains the date of 10 July as the date underneath. It is dated 10 July 1944.
"Professer Haagen:
"My Dear Colleague:
"The Reichsfuehrer SS requests that your publication contain the following paragraph.
"Research was conducted by order and with the assistance of the Chief of the Medical Service of the Luftwaffe as well as with the assistance of the Reich Research Council (Reichsforschunsrat) and was furthered by the SS Reichsfuehrer SS personally as well as by the SS Economic and Administrative Main Office, and the Institute for Military Scientific Research of the Waffen-SS."
Here we are, your Honors, seeing that everybody wants their due credit for the work conducted by Haagen and that they state here that the Reichsfuehrer SS requests that they show and state the research was conducted by order and with the assistance of the Chief of the Medical Service of the Luftwaffe, the defendant Schroeder with the assistance of the Reich Research Council, an organization in which many of our defendants in the dock were members of, Brandt, Rostock, and Blome to mention a few. Also the SS asks for their usual compliments.
We turn now to the next Document on page 98. It is Document number NO 131. It is offered as Prosecution's Exhibit No. 308, dated 29 August 1944, coming from the high command of the Luftwaffe, Chief of the Medical Service, Office of the defendant Schroeder, subject: "Spotted fever research order."
This is addressed to (1) Chief Staff Surgeon, Professor Dr. E. Haagen Institute of Hygiene of the Reichs University of Strassburg.
(2) Science and Research Group of the Medical Academy of the Luftwaffe.
(3) Chief of the Medical Service of the Luftwaffe, Ref. Haushalt.
"1. The research dealing with the dry spotted fever vaccine from vitelline sac cultures is to be continued. Therefor the 4,000 RM requested for the research fund are being placed at your disposal," Now, this paragraph contains "Chief of the Army Medical Service."
I want to point out the translation is erroneous. It's "Chief of the Wehrmacht Medical Service" or "Chief of the Armed Forces." At this time there is quite a discrepancy because Dr. Handloser is no longer Chief of the Medical Service of the Army. He dropped that position in 1944 and continued on as Chief of the Medical Service of the Wehrmacht and this next paragraph should read as follows:
"II. A decision as to the establishment of a vaccine manufacturing plant cannot yet be made because the Chief of the Wehrmacht Medical Service, who alone is competent to decide upon the procurement of vaccines has not yet taken a stand in the matter.
"III. Please advise whether it may be assumed that the spotted fever epidemic prevailing at Natzweiler at present is connected with the vaccine research.
"IV. The report of 21 June 1944 in which the investigations at Natzweiler are mentioned should have been sent as secret. In the future this procedure is to be as follows."
The signature seems to be illegible. The signature is of a man Kahn who was Chief of Staff for Schroeder. Mr. McHaney has another thing to point out in connection with the translation of this document.
You will notice on the letterhead or the heading of the latter it says "High Command of the Luftwaffe, Chief of the Medical Service." And it says, "Code designation." That code designation contains our familiar letter Roman Numeral two -2A. That is also the office of Becker-Freysing. I want to point out in this letter, Your Honors, that here mention is made that the decision of the Chief of the Wehrmacht Medical Service has not been obtained and that he alone is competent to decide upon the procurement of vaccine. Now, this research work and its entire experimental program was initiated in the first instance by the defendant Handloser when the conditions in the East started to exist and here now no less than the Luftwaffe is stating that they looked to the Medical Service of the Luftwaffe for a decision. Again we notice in paragraph three it says: "Please advise whether it may be assumed that the spotted fever epidemic prevailing at Natzweiler at present is connected with the vaccine research," but we have pointed cut this letter is signed by a deputy of Schroeder. Now from such a remark as this it is quite evident that the writer is fully aware of the face that a virulent vaccine is being used in connection with the experiment. He is concerned and wants to know whether or not they have been careless and whether by the use of the virulent vaccine an accident has happened which occasioned the epidemic at that time prevailing in the concentration camp itself apart from the experimental work. We turn now to Document Number NO 132.
THE PRESIDENT: The Tribunal will now recess.
(A recess was taken).
THE MARSHAL: The Tribunal is again in session.
MR. HARDY: Your Honor, it has just been called to my attention that upon completion of the presentation of the Typhus Experiments we will then proceed with the presentation of the evidence in connection with the mercy killings or the Euthanasia Program. I did not have the opportunity to contact the General Secretary and ask him to have the books ready for that time. I suggest now that we continue with this presentation, and recommend that the books be brought to you as soon as they are available; that is, if you have not already got them.
We will now turn to page 99, which is Document No. 132, and which is Prosecution's Exhibit No. 310. This is on the letterhead of Chief Staff Surgeon, Professor Doctor E. Haagen, Strassburg, and it is to the High Command of the Luftwaffe, Chief of the Medical Service, Saalow, Post Zossen-Land. The subject is: Spotted fever research order.
"Reference: Your communication dated 29 August 1944." And, in reference to the code designation: In addition to the other letter to Roman Numeral II A, the office of Becker-Freyseng appears thereon in the original.
"In reply to communication of 29 August 1944, paragraph III, we hereby inform you that no connection existed between the cases of spotted fever in Natzweiler and the examinations dealing with the spotted fever vaccine that is to be tested. In these cases it is rather a question of illness that has been carried into the camp from the outside. They have no influence on the course of the investigation."
This is apparently a clarifying letter to the inquisition of the chief medical service of the Luftwaffe in previous documents.
We now turn to Document Number NO-133, which is offered as Prosecution Exhibit Number 311, dated 21 October 1944, from Haagen, Camp Surgeon of the concentration camp at Dachau, Bavaria.
"Dear Comrade: I have instituted spotted fever research at the Natzweiler Concentration Camp. The Dutch prisoner drew up the fever curves for this investigation and, according to information from Dr. Rode, took these curves along. It was agreed that these curves which were also prepared for me would be sent to me after the termination of the investigation. I kindly request that you send them to me and, moreover, to my alternate address: Durlazarett der Luftwaffe (8) Oberschrieberhau in the Riesengebirge.
We note the asterisk in connection with the Dutch prisoner, and, at the bottom, the name "Crediet (physician) appears. In the testimony of the witness Schmidt the Tribunal asked whether or not the prisoner as excepted was a Danish prisoner, I believe. This is a Dutch prisoner who assisted Haagen in his work, another doctor.
We now turn to Document Number NO-135 in answer to the letter of Haagen. We offer this as Prosecution Exhibit Number 312, dated Dachau, 30 October, 1944). "In reference to your communication of 21 October 1944, I inquired of the Dutch prisoner physician (Crediet) concerning the fever curves desired by you; and enclosed I am sending you the fever curves which are on hand here. According to C (or Crediet), the original curves are still at Concentration Camp Natzweiler, Block 8, Diphtheria Room. Heil Hitler, the 1st SS Camp Surgeon, Concentration Camp Dachau."
The next document on Page 102 of your Honors' document book is NO-136, which is offered as Prosecution Exhibit Number 313, dated 16 November 1944. This is a letter about curves and apparatus to the chief surgeon at the Natzweiler Concentration Camp. "Dear Colleague: To my great surprise I note that in spite of several requests the following apparatus:
"1 Autoclave "1 Steam vessel "1 Round dry sterilizer loaned to you or your predecessor, Dr. Plaza, have not yet been sent back.
Due to the bomb damage to the institute, I now have urgent need of the apparatus. I wish to remind you of the fact that this apparatus was not delivered for my investigations in Natzweiler but for the use of the Camp Surgeon. I must admit that I was greatly astonished that my desire has not yet been complied with and that we are not yet in possession of the apparatus I therefore request that the apparatus be sent back at once.
"In regard to the fever curves I have addressed the Camp Surgeon at Dachau. He informs me that the fever curves are still in your possession. Since these fever curves were prepared especially for me and since I need them for making a report to the Reich Fuehrer SS and the Reich Minister of the Interior, I again request that you send me these curves immediately."
Now, your Honor, on Page 103 we have Document Number NO-883, which is offered provisionally as Exhibit Number 314. This is an affidavit.
DR. OTTO NELTE: Counsel for the defendant Handloser. The prosecution is about to submit an affidavit of Olga Eyer. I object to the use of this affidavit on the basis of the translation which I have, assuming that the original corresponds to the translation. If, Mr. President, you will read Document 883, you will find that the last sentence does not say to whom this statement was made and before whom it was sworn. The last sentence reads, in the translation which I have here, "In Strassbourg on the 18th of November, 1946, sworn and signed. (Signature) Olga Eyer." There is no other indication about the statement; it is followed only by the translation certificate of the 20th of December 1946.
I believe, therefore, that this document as it is given here is not admissible evidence according to Article 7. The last sentence in the statement reads: "I had to make some changes." It seems to me to require clarification for what reason the witness had to make changes. The statement itself on the second page of the German translation contains the following sentence: "I admit that I also had to send reports to the OKW, The High Command of the Wehrmacht." In the sentence preceding this quotation and the sentence following the quotation, it seemed to indicate that this is an addition which was made for reasons of expediency and which I can explain only if the witness is here personally.
In the last paragraph the witness says that her testimony consisted of one page. In the translation which I have here, in he middle of the second page, it says: "Page 2 of the original," so that I must assume that the statement as made by the witness Eyer consists of two pages.
Whether this is cf any significance can be settled only if the witness appears here. For that reason I request that the witness be called personally in order to clear up the various objections which I have presented.
DR. HANS PRIBILLA: Dr. Pribilla for the defendant Prof. Rostock. I join in the application of my colleague Nelte for a material reason. On the second page of the document the Eyer affidavit contains a direct charge against my client, Prof. Rostock. It is said here that Haagen received a subsidy from the Reich Research Council for his experiments and that the correspondence was signed by Rostock. It is also said that Haagen was in touch with Rostock. These two things have not appeared as yet in any form, neither in that the prosecution has assorted that Rostock was among the managers of the Reich Research Council, nor has the prosecution as yet submitted a document which might allow one to conclude a correspondence with Haagen.
If the correspondence is not available and this affidavit is taken note of by the Court, then one could conclude that Rostock was informed of what Haagen did. Then it could have been a scientific correspondence on quite another subject. For that reason I consider it important and ask the Tribunal to call the witness for cross examination.
DR. TIPP: Dr. Tipp for the defense counsel of the defendant Schroeder. Mr. President, I join in the statements of my two colleagues. I also consider it absolutely essential that the witness appear here personally so that certain contradictions arising from documents hitherto presented may be cleared up. On Page 2 of the German translation the witness says that every three months reports on the experiments went to the head of the Inspectorate of the Medical Service of the Luftwaffe. Such reports have not yet been presented by the prosecution.
If these reports are not available, if there is only this testimony cf this witness, the Court would have to conclude that the head of the Medical Service of the Luftwaffe, the defendant Schroeder, or his agent was informed about the details of the experiment.
These points are of decisive importance for the defendant Schroeder, at least for this point of the indictment. Therefore, I would have to cross examine the witness. Therefore, I request that the witness be called to the Court.
MR. HARDY: If it please the Tribunal, the primary problem seems to be one of translation. This document, the original, is in the French Language; and it has been translated into English as well as into German; and obviously some of the German translations are rather loose.
However, I wish to pass it up to the Tribunal for consideration. I want to point out that the changes referred to are initialed by the affiant. The document was typed and composed by the investigator of the staff and then the affiant read it over and placed her initials wherever she corrected it. I do admit that the oath here does not appear in the German translation, which is another error on the part of the translation department; but it does appear, however, on the original and is on the English translation. I do concede that there is a mistake in regard to the one page of the French language; and it would be necessary that I contact Mr. Favarger. I am sure that it must have been a typographical error or an omission. I can have that rectified.
As to the attack on the part of the defense so that they desire to cross examine the witness, we have not been able to bring her here to Nurnberg; and I submit that it might be feasible to carry out an order similar to the one cf the Tribunal this morning and interrogatories may be sent and she may answer same and return them to the Tribunal or to the defense counsel.
THE PRESIDENT: What reason is there, Counsel, that the witness cannot be brought here from Strassbourg to testify in person before the Tribunal?
MR. HARDY; Just a moment, your Honor, I'll have to consult with MR.McHaney about that. He has more of the details.
DR. McHANEY: If the Tribunal feels that it is desirable to bring Miss Eyer here, we shall endeavor to do so. It may be a bit difficult to get her here before we complete the remainder of our case in chief. Consequently, I would suggest if the Tribunal feels that it is imperative to have her brought here that the prosecution be permitted to read into evidence this affidavit while reserving the right to put additional questions to Miss Eyer if she comes to Nurnberg and takes the stand. In other words, we shall go ahead and put in our affidavit now; and then when Miss Eyer is brought here, which will probably be after the completion of our case in chief, the prosecution can be given the right to initiate the examination of the witness. After we have rested on our examination, then she can be cross examined by the defense counsel.
THE PRESIDENT: In any event the translations of the document apparently need revision; the translation into German; possibly the translation into English.
MR. McHANEY; I don't think there is any serious difficulty about the German translation. They were pointing out certain conflicts apparently; but I do not think they run to the substance of the document itself.
THE PRESIDENT: Apparently the document does consist of one page.
The only portion signed by the witness on the second page except for the verification and the swearing to the document, there are no statements of fact apparently on the second page.
MR. HARDY: That is correct, your Honor. I might add, your Honor, that if we could possibly -- the English seems to be a comparitively good translation by Mr. Fardachet. The German is translated by another translator conversant in the French and German languages, and reading the English into the records from the translating unit here may provide a better translation for the purpose of Defense Counsel.
THE PRESIDENT: It might be of assistance to Counsel and Tribunal if the translators would read the top paragraph on the second page signed by the affiant. Translate that both into German and English. I would like to hear the English translation on it.
MR. HARDY: Does the Translation Department have anyone conversant in French there at this time?
THE TRANSLATOR: "I have carefully read the above deposition; it consists of one page. I can say that it constitutes a correct and truthful deposition. I have made this deposition freely, and I have not been promised any reward for it. I had an opportunity to make changes and corrections in it. Sworn and signed at Strasbourg 18 November 1946. Olga Eyer."
THE PRESIDENT: This translation simply calls attention to the fact that the affiant had the opportunity to make changes. The translation does not say that she desired to make any changes in it. Some changes, slight changes, in the affidavit are noted, but the certificate merely states that the opportunity was afforded the affiant to make changes.
It seems to me, Counsel, that this witness, in view of what she stated in the affidavit concerning certain of the defendants should be brought to Nurnberg to testify before the Tribunal, if possible.
MR. HARDY: The Prosecution will make every effort to carry out that request, your Honor. At this time, your Honor -
THE PRESIDENT: I understood Counsel for the Prosecution to say that this phase of the case would be completed this afternoon.
MR. HARDY: That's correct, your Honor. We have the presentation of the typhus experiments. The document book here should be completed this afternoon We have a mere twenty pages to complete.
THE PRESIDENT: I am not sure from the arguments introduced by Defense Counsel whether they had other objections to the translation. Would it not be feasible to postpone the reading of this affidavit till tomorrow. Take it up then out of order if you proceed with something else this evening. In the meanwhile, the translation can be verified. The entire translation of the document from English into German can then be verified.
MR. HARDY: Yes, your honor. I turn now to page 106 of your Honors' document book which is Document NO-885, which is offered as Prosecution Exhibit 314. This is an affidavit. It reads as follows:
"I, the undersigned, Dr. Victor Eugene Schuh, depose and state:
1. I was born on April 23, 1914 in Hunsbach and am a French citizen. I attended the high school in Schlettstadt and the University of Strassbourg, where in the year 1938 the degree of Doctor of Medicine was conferred upon me. My special field is bacteriology.
2. After I had practiced with various professors, I was in 1941 named Scientific Assistant in the Melical Research Station which was located in the Hygienic Institute of Strasbourg University.
The head of this Institute from earlier 1943 was Professor Eugen Haagen."
THE PRESIDENT: I believe your translation reads "1942", Counsel.
DR. HARDY: Pardon me, your Honor. Pardon me. "He was Oberstabsarzt and Hygienic consultant of the Luftwaffe. As I was from the end of 1940 a member of the underground Communist Party and as I was interested in the fate of my comrades imprisoned in Natzweiler and Schirmeck, I tried to get information about Haagen's activity. Haagen had explained himself -- it was an open secret -- that he had the intention of carrying out experiments on prisoners in Natzweiler and Schirmeck.
3. I commissioned Mr. Robert Meyer, who was Administrator of the Institute and belonged to a resistance group and who had a lot to do with Haagen and his Assistant, Dr. Grafe and was on good terms with these two to spy on their activity in the two concentration camps. Meyer was specially able to do this job because Haagen had cattle in the Institute, at the cost of the State, for experimental purposes, but in truth he had them for his own table, and he counted on Meyer for the illegal butchering of this cattle. With Grafe, too, Meyer had come to a rather good understanding.
4. From 1942 until 1944, that is, until the departure of Haagen from Strasbourg, I received from Meyer current information about Haagen and other important information concerning other matters through Meyer, too. I have known him as an absolutely reliable character and, for this reason, I can credit the truth and rightness of his information. Meyer was killed during an air raid in September 1944.
5. Early in 1943, Professor Haagen asked me to study with the Weil Felix reaction about thirty blood tests which he gave to me.