"10. Later on Rascher inquired whether Poles and the Russians who survived the experiments were also to have their death sentences commuted. I replied to **ersturmfuehrer Schnitzler, by order of the Reichsfuehrer-SS, that Poles and Russians were not to have their death sentences commuted.
"11. There is no doubt that numerous mishaps occurred during the course of these experiments. I remember that Mrs. Rascher wrote to me asking for permission to take **lor photographs of recently dissected subjects; permission for this was granted.
"12. Generalfeldmarshall E. Milch" -- that should read, Your Honor - "and professor Hipke, the 'Inspecteur des Sanitaetswesens der Luftwaffe' had full knowledge of the low-pressure experiments. Indeed, the experiments could not have been conducted without the knowledge and consent of these men because they were conducted for the benefit of the Luftwaffe and the experimenters were for the most part Luftwaffe doctors. Rascher was also a member of the SS and it was for this reason that Himmler insisted on full participation by Rascher in the experiments - he wanted the SS to receive credit for this work. Karl Wolff acted as liaison between Himmler and Milch in connection with low-pressure experiments and also the freezing experiment remember the correspondence between Milch and Himmler in which Milch admitted **ding the reports of Rascher and Romberg. Motion pictures of the experiments were *own to the Air Ministry (RLW). I also know that Himmler wrote Wilch in an effort obtain Rascher's release from the Luftwaffe so that he would be subordinate only to the SS. This was finally accomplished through Hippke's office."
(Signed) Rudolph Brandt.
THE PRESIDENT: We will recess until tomorrow morning.
THE MARSHAL: The Tribunal will recess until nine-thirty tomorrow morning.
(The Tribunal adjourned until 11 December 1946 at 0930 hours)
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 11 December 1946, 0930-1630, 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.
THE PRESIDENT: Will you ascertain the presence of the defendants.
THE MARSHAL: May it please Your Honor, all of the defendants are present in the courtroom.
THE PRESIDENT: The Secretary General will note for the record the presence of the defendants in the courtroom.
The prosecution will proceed.
MR. McHANEY: If the Tribunal please, at the end of yesterday's session we had proceeded through the introduction of the affidavits of the defendant Romberg with respect to the high altitude experiments at the Dachau concentration camp in the spring and summer of 1942. We had also introduced Prosecution's Exhibit 41 which consists of some 39 pictures taken during the course of the high altitude experiments. We had also introduced the affidavit of the defendant Ruff and the defendant Rudolf Brandt. I would like at this time to offer Document No. 1602-PS as Prosecution's Exhibit 44. This is on page 53 of the English document Book. This is a letter from the deceased Doctor Reseller to Heinrich Himmler. It is dated 15 May 1941 and it reads as follows:
"Dear Reichsfuehrer:
My sincere thanks for your cordial wishes and flowers on the birth of my second son. This time, too, it is a strong boy, though he has come 3 weeks too early. I will permit myself to send you a picture of both children at an opportune moment.
For the time being I have been assigned to the Luftgaukommando VII, Munich, for a medical course. During this course, where researches on high-altitude flights play a prominent part (determined by the somewhat higher coiling of the Enclish fighter planes), considerable regret was expressed at the fact that no tests with human material had yet been possible for us, as such experiments are very dangerous and nobody volunteers for them. I put, therefore, the serious question: can you make available two or three professional criminals for these experiments? The experiments are made at permanent Luftwaffe Testing Station for altitude Research (Bodenstaendigo Pruefstelle fuer Hoehenforschung der Luftwaffe) Munich. The experiments, from which the subjects can, of course, die, would take place with my cooperation. They are essential for researches on high-altitude flight and cannot be carried out, as has been tried, with monkeys, who offer entirely different test-conditions. I have had a very confidential talk with a representative of the Air Forces Surgeon who makes these experiments. He is also of the opinion that the question could only be solved by experiments on human persons (Feeble-minded could also be used as test material).
I hope sincerely, highly esteemed Reichsfuehrer that, in spite of the immense burden of work you carry, you are in the best of health.
With my heartiest wishes, I am with Heil Hitler your gratefully devoted Sigmund Rascher."
Now, what, Your Honor, is the particular significance of this exhibit aside from the fact that it indicates to us the origin of the idea for human experimentation in a low pressure chamber. There are two things I would like to call to your particular attention, and in doing so I refer back to the affidavit which we submitted signed by the defendant Weltz which is Prosecution's Exhibit 17.
You will recall that in the letter I have just read to you Sigmund Rascher stated that the experiments are made at Permanent Luftwaffe Testing Station for Altitude Research. The German words for that, to the best of my ability of pronunciation, are Bodenstaendige Pruefstelle fuer Hoehenferschung der Luftwaffe. In the affidavit signed by the defendant Weltz, he states that in the course of the war "I rose to the rank of Oberfeldarzt. During this time I also operated a Pilots Physical Examination Office at Neubiberg and worked at the permanent Examination Board No. 4, Bodenstaendige Pruefstelle IV, in Munich." In short, Your Honor, the defendant Weltz was at the same Luftwaffe installation in Munich on 15 May 1941 that the deceased Dr. Rascher was at the time he wrote this letter and made the suggestion that high altitude experiments be carried out on living human beings.
I also call your attention to the fact that Doctor Rascher in this very interesting letter says, and I quote: "I have had a very confidential talk with a representative of the Air Forces Surgeon who makes these experiments," and I suggest to the Tribunal that man was the defendant Weltz.
I proceed now to Document No. 1582-PS, which will be Prosecution's Exhibit 45, and is a letter from the defendant Rudolf Brandt to Sigmund Rascher in reply to the letter directed by Rascher to Himmler which I have just read. The letter is undated and reads: "Dear Dr. Rascher: Shortly before flying to Oslo, the Reichsfuehrer SS gave me your letter of 15 May 1941, for partial reply.
I can inform you that prisoners will of course be gladly made available for the high-flight researches. I have informed the Chief of the Security Police of this agreement of the Reichsfuehrer SS, and requested that the competent official be instructed to get in touch with you.
I want to use the opportunity to extend my cordial wishes to you on the birth of your son.
I shall refer us soon as possible to tho second part of your letter.
Heil Hitler By order (initials) R Br" And incidentally, Your Honor may be interested in looking at the photostatic copy of this German document and observing for yourself the peculiar characteristic of the initials of the defendant Rudolf Brandt because you will find that they appear on considerable number of exhibits which will be introduced here.
So we find that the wheels are partially in motion, at least the consent to come back from the defendant Rudolf Brandt that the Reichsfuehrer will permit these experiments on concentration camp inmates and Rascher is making his arrangements for the experiments with the representative of the Medical Inspectorate of the Luftwaffe at the Institute in Munich, which was the Institute of the defendant Weltz.
I come now to Document NO-217, which will be Prosecution Exhibit 46. This is another letter from Rascher to the defendant Rudolf Brandt. It is undated; however, its context would seem to indicate that it probably preceded the letter which I have just read, since it poses again the question as to whether or not permission will be given for the high altitude experiments. It reads as follows:
"My dear Doctor Brandt:
"We regretted very much that we were unable to see you and to talk to you. I will still be here tomorrow and shall call up the Reichsfuehrung, at any rate once more before my departure, perhaps I can greet you at least shortly over the telephone.
"Yesterday I gave to Hauptsturmfuehrer Meine a matter concerning Mrs. Moeller, owner of the firm Thams and Garfs. I ask you cordially to report benevolently on this matter to the Reichsfuehrer-SS, since it would be a pity if the matter should be decided negatively and the business ruined. I considered for a long time as to whether I might approach you in this matter, but after the most careful examination I can assume the responsibility for doing so.
"May I also ask that you grant soon the perhaps possible permission for carrying out the experiments (high altitude-pressure) (reported to Hauptsturmfuehrer Faelschlein) within the camp of Dachau itself. I forgot to mention to Hauptsturmfuehrer Faelschlein that a movable pressure chamber has been provided for this purpose out of the Research Fund of the RLM.
"My wife enjoyed very much meeting your wife, and we both are looking forward with pleasure to the honor of your visit in January".
This letter does not add very much except that it does indicate a rather close personal relationship to the defendant Rudolf Brandt on the part of Rascher.
And now we come to a most interesting memorandum written by the wife of the deceased Dr. Rascher, directed to Himmler's office. This is Document NO-263 and will be Prosecution Exhibit 47. It is dated, Munich, 24 February 1942. It is directed to the SS-Supreme Command, which will be the office of the Reichsfuehrer-SS in which the defendant Rudolf Brandt was an administrative officer.
"In reply to the communication of 17 February 1942, signed by SSHauptsturmfuehrer Faelschlein, my husband has asked me to submit the following information: On Sunday, 22 February, the following communication went to SSObersturmfuehrer Schmitzler on the subject of the experiments involved:
"The Reichsfuehrer-SS authorized the experiments on 24 July" -- and I may say parenthetically that may very well be the letter which we have already read into the record -- "at that time for Dr. Rascher, Dr. Kottenhoff, and Dr. Weltz. Dr. Kottenhoff was appointed Air Gau Physician for Rumania in August and thereby was excluded from the group. Dr. Weltz was to initiate the technical execution of the experiments. As he was afraid of obstacles on the part of the Air Force Medical Inspector, Generaloberstabsarzt Dr. Hippke, who described experiments of this kind as a moral, Weltz continued postponing the beginning of the experiments, although he was thoroughly acquainted with their importance. In December of 1941, he asked the Board of Directors of the Air Force Research Institute Berlin-Adloershof, if the head there, Dr. Ruff and Dr. Romberg could undertake the experiments with Dr. Rascher. Both of them immediately accepted, delivered the low-pressure chamber and came here. A discussion took place in Dachau between Obersturmfuehrer Piorkowski, Obersturmfuehrer Schnitzler, Oberstabsarzt Dr. Weltz, Dr. Rascher, Dr. Romberg and Dr. Ruff. It was clearly determined that the experiments were only to be authorized in collaboration with Dr. Rascher. Weltz gave the assurance that he would take care of the corresponding authorization of Dr. Rascher. He was only able, however, to obtain one authorization which enabled Rascher to carry out the preparatory work at Dachau, and stated in reply to a question on the subject by Dr. Rascher:
'The authorization can be extended at any time'.
"On Wednesday, 18 February, after Rascher had carried out all the preparatory work, Weltz made the following statement: 'Now that you have removed all obstacles from the path of Romberg with the SS, the authorization must be handled differently'.
"As the result thereof, Rascher conferred, with Obersturmfuehrer Schnitzler on 19.
"Experiments of Romberg-Rascher began at Dachau, a clear pronouncement by both, that Weltz was not needed any more. Romberg was also surprised that Rascher was not to be booted out in spite of his firm agreements. Obersturmfuehrer Schnitzler has for the time being stopped the continuation of the experiments without Rascher until the decision of the Reichsfuehrer has been obtained. Obersturmfuehrer Schnitzler has been asked by Rascher to obtain an immediate authorization, either from the Chief of Staff LIN 14, or Staff Medical Officer Dr. Schmidt, likewise LIN 14. If the experiments at Dachau then proceed under a definite authorization, then Rascher has the possibility at all times of carrying out his accumulating E-Mess-Experiments Schongau.
"Rascher has asked Obersturmfuehrer Schnitzler to inform the Reichsfuehrer of what has happened and simultaneously to remark that Rascher would, under all circumstances, like to participate scientifically in the experiments as a member of the 'Ahnenerbe'.
"As stated above -- this notice was received by Mr. Schnitzler -- he wished to report on it to the Reichsfuehrer. No notification has been received as yet.
"In the meantime, my husband has again gone to Schongau and awaits instructions there."
This exhibit indicates that Dr. Rascher, in collaboration with Dr. Weltz at the Air Forces Installation in Munich, conceived the idea of carrying forward these experiments on living human beings; that Rascher, being at the same time a member of the SS as well as a doctor in the Luftwaffe, made suggestions to the Reichsfuehrer-SS who could provide the living experimental subjects.
And as the memorandum states, Himmler on the part of the SS, authorized the experiments on the 24 of July to be carried out by Rascher, Kottenhoff, and Weltz. It further appears that Weltz was perhaps afraid that his superiors in the Luftwaffe might not like the idea of these experiments being carried out and consequently we had a somewhat considerable delay until the first part of 1942 before the experiments actually got under way. But it seems somehow that the defendant Weltz was able to overcome whatever resistance he had met with in the Medical Service of the Luftwaffe, and permission had been secured for the carrying out of these experiments.
I suggest that the cagey Dr. Weltz, for reasons which were undoubtedly sufficient for him, did not himself participate actively in the actual performance of the experiments, but he was the sordid procurer of the assistants to Rascher, who was no expert on high altitude research. It will appear, at a later point, that Weltz tried to secure some experts to work with Dr. Rascher in his own Institute in Munich; namely, Drs. Lutz and Wednt. These gentlemen had heard of what Dr. Rascher was up to in Dachau and refused this generous offer on the part of Dr. Weltz. And as this memorandum points out, and as the affidavit of the defendants Romberg and Ruff state, Weltz then went to Berlin and secure the expert assistance there; namely, the defendants Ruff and Romberg. He apparently got into a little trouble with Rascher, wanted to participate perhaps somewhat more actively in the experiments, and insisted that Rascher report to him.
I now move on to Doc. No. 1581aPS which will be Prosecution Exhibit 48. This is a letter, dated March 21, 1942, the time at which time the experiments had just begun and it is from Rudolf Brandt to Dear Comrade Sievers of the Ahnenerbe.
"I refer to your inquiry of March 9, 1942 concerning Dr. Rascher.
Reference is made to the sub-atmospheric pressure experiments which are being carried out on concentration camps inmates in the Dachau camp by the Air Force. The Reichsfuehrer - SS has approved these experiments under the condition that SS - 2nd Lieutenant Dr. Rascher who is anyhow a medical 1st Lieutenant of the Air Force takes part in them. I am sure that Dr. Rascher will be able to give you further details. (This last sentence is crossed out and replaced by one in German shorthand.)" To reconstruct the picture a little bit - in the memorandum from Nini Rascher you will remember that she states that Dr. Rascher would be only too happy to work in the framework of the Ahnenerbe.
A few days later we come to this letter from Rudolf Brandt back to Sievers in response to an earlier inquiry by Sievers saying, "Yes, Rascher is authorized to carry out the experiments." Apparently Sievers was interested in procuring the services of Dr. Rascher on the staff of the Ahnenerbe. The remark that the experiments had been approved under the conditions that Rascher participate in them is easily understandable. Rascher, being in a dual position of member of SS while at same time member of Luftwaffe, was authorized to participate and the Reichsfuehrer insisted on his participation because since a member of the SS they could secure a substantial amount of credit which was supposed to come forward from these experiments.
The next document is 1971-a-PS and will be Prosecution Exhibit 49. This is from Siegmund Rascher to the Highly esteemed Reichsfuehrer, and dated April 8, 1942.
"Enclosed is an interim report on the low pressure experiments so far conducted in the concentration camp of Dachau. May I ask you respectfully to treat the report as secret.
A few days ago Reich physician SS Professor Dr. Grawitz made a brief inspection of the experimentation plant. Since his time was very limited no experiments could be demonstrated to him.
SS-Obersturmbannfuehrer Sievers took a whole day off to watch some of the interesting standard experiments and may have given you a brief report. I believe, highly esteemed Reichsfuehrer, that you would be extraordinarily interested in those experiments. Is it not possible that on the occasion of a trip to southern Germany you have some of the experiments demonstrated to you? If the results so obtained by the experiments are confirmed by further experimentation, entirely new data will be secured for science; simultaneously entirely new aspects will be opened to the Luftwaffe.
I hope that, thanks to the intended efforts of SS Obersturmbannfuehrer Sievers, the Luftwaffe will make no difficulties from now on. I am very much indebted to Obersturmbannfuehrer Sievers as he has shown a very active interest in my work in every respect.
I thank you respectfully, highly esteemed Reichsfuehrer, for the generous realization of my proposition to conduct such experiments in the concentration camp.
With my best wishes for your personal well-being, I am Gratefully yours, (signed) S. Rascher" Attached to this letter and part of the same Exhibit is the Interim Report mentioned in the letter.
"1. The object is to solve the problem of whether the theoretically established norms pertaining to the length of life of human beings breathing air with only a small proportion of oxygen and subjected to low pressure correspond with the results obtained by practical experiments. It has been asserted that a parachutist, who jumps from a height of 12 km would suffer very severe injuries, -- probably even die --, on account of the lack of oxygen. Practical experiments on this subject have always been discontinued after a maximum of 53 seconds, since very severe bends occurred.
2. Experiments testing the length of life of a human being above the normal breathing limits (4, 5, 6 km) have not been conducted at all, since it has been a foregone conclusion that the human experimental subject would suffer death.
The experiments conducted by myself and Dr. Romberg proved the following:
Experiments on parachute jumps proved that the lack of oxygen and the low atmospheric pressure at 12 or 13 km altitude did not cause death. Altogether 15 extreme experiments were carried out in which none of the VP died."...
VP means test persons, your Honor.
"Very severe bends together with unconsciousness occurred, but completely normal functions of the senses returned when a height of 7 km was reached on descent. Electrocardiograms registering during the experiments did show certain irregularities, but by the time the experiments were over the curves had returned to normal and they did not indicate any abnormal changes during the following day The extent to which deterioration of the organism may occur due to continuously repeated experiments can only be established at the end of the series of experiments. The extreme, fatal experiments will be carried out on specially selected VPs, otherwise it would not be possible to exercise the rigid control so extraordinarily important for practical purposes."...
I would like to say parenthetically, your Honors, that it is quite obvious in that little sentence that even in this type of experiment we have to have a so-called control group - the people who were going to be killed, the people upon whom the experiment was continued until he died. That was the very purpose of the experiment in those cases - to determine just what it took to kill these people. Only in that way does he state can he exercise the rigid control so necessary.
I continue to read:
"The VPs were brought to a height of 8 km under oxygen and had to make 5 kneebends with and without oxygen. After a certain lapse of time, moderate to severe bends occurred and the VPs became unconscious. However, after a certain period of accustoming themselves to the height of 8 km, all the VPs recuperated and regained their consciousness and the normal functions of their senses.
Only continuous experiments at altitudes higher than 10.5 km resulted in death. These experiments showed that breathing stopped after about 30 minutes, while in 2 cases the electrocardiographically charted action of the heart continued for another 20 minutes.
The third experiment of this type took such an extraordinary course that I called an SS physician of the camp as witness, since I had worked on these experiments all by myself. It was a continuous experiment without oxygen at a height of 12 km conducted on a 37 year old Jew in good general condition. Breathing continued up to 30 minutes. After 4 minutes the VP began to perspire and to wiggle his head, after 5 minutes cramps occurred, between 6 and 10 minutes breathing increased in speed and the VP became unconscious, after 11 to 30 minutes breathing slowed down to three breaths per minute, finally stopping alto gether.
Severest cyanosis developed in between and foam appeared at the mouth."...
Cyanosis, if the Tribunal please, means that a very deep blue color of the lips set in, characteristic of pre-collapse.
"At five minute intervals electrocardiograms from 3 leads were written. * After breathing had stopped EKG was continuously written until the action of the heart had come to a complete standstill. About 1/2 hour after breathing had stopped, dissection was started."...
And now comes the autopsy report and I will remind the Tribunal of Exhibit 41, three pictures of which you recall showed an autopsy of a person, one of which where they had opened up the breast of the subject, and another where the skull had been opened and the brain exposed clean in the picture.
"When the cavity of the chest was opened the pericardium was filled tightly."
Pericardium is the tissue around the heart. Sort of a cellophane like tissue.
"Upon opening of the pericardium 80 ccm of clear yellowish liquid gushed forth. The moment the tamponade had stopped, the right auricle began to beat heavily, at first at the rate of 60 actions per minute, then progressively slower. 20 minutes after the pericardium had been opened, the right auricle was opened by puncturing it. For about 15 minutes a thin stream of blood spurted forth. Thereafter clogging of the puncture wound in the auricle by coagulation of the blood and renewed acceleration of the action of the right auricle occurred.
One hour after breathing had stopped, the spinal marrow was completely severed and the brain removed. Thereupon the action of the auricle stopped for 40 seconds. It then renewed its action coming to a complete standstill. 8 minutes later. A heavy subarchnoid edema was found in the brain. In the veins and arteries of the brain a considerable quantity of air was discovered. Furthermore the blood vessels in the heart and liver were enormously obstructed by embolism."...
Subarchnoid, if your Honors please, as I understand it is the tissue around the brain much as pericardium is the tissue around the heart. Embolism being an obstruction other than fluid blood.
"The anatomical preparations will be preserved so I'll be able to evaluate them later.
The last mentioned case is to my knowledge the first one of this type ever observed on man. The above described heart actions will gain particular scientific interest since they were written down with EKG to the very end.
The experiments will be continued and extended. Another interim report will follow after new results have been obtained.
(signed) Dr. Rascher"
THE PRESIDENT: Have you offered this interim report as a part of the Exhibit 49?
MR. McHANEY: That is correct, Your Honor. They both carry the same identification number, namely 1971-C-PS The next exhibit will be Document 1971-C-PS, which will be Prosecution Exhibit 50.
JUDGE SEBRING: Let me understand, Dr. McHaney. You said "D-PS" or "C-PS"?
MR. McHANEY: "C-PS, 1971c-PS. This is on a short piece of paper, Your Honor. You are probable looking ever at the next document. It is page 63 of the English document book. This is a letter dated 13 April 1942, again from the defendant Rudolf Brandt, to his "Dear Comrade Dr. Rascher":
"Your report of April 5, 1942 has been seen by the Reichsfuehrer-SS today. The tests on which SS-Obersturmbannfuehrer Sievers gave a brief report interested him very much.
"For the further tests I wish you continuation of the success you have had so far.
"Best regards also to your wife.
"Heil Hilter /signed/ "Rudolf Brandt".The next exhibit is document 1971b-P3, and this will be Prosecution Exhibit 51.
THE PRESIDENT: Your Exhibit 50 reads "Yours, B. Brandt". Was that intended for "R. Brandt"?
MR. McHARDY: That, I am sure, is "R. Brandt", Your Honor.
JUDGE SEBRING: How does it appear?
MR. McHANEY: How can you tell, Sir? Do you have a copy of the German document book? That is Exhibit 50. As a matter of fact, I am not sure but that -- Well, this was ther reason that I suggested in the beginning that Your Honor perhaps have a look at his initials. The first initial looks very, very much like a "B". I would like to have this exhibit passed up to the Court so that you may see it.
The rank is noted as SS Sturmbannfuehrer", this being in 1942, and the defendant Brandt was not promoted to the rank of Standartenfuehrer until a later date. You will also note, Your Honor, that the letter comes from the Fuehrer Headquarters, and I have never heard of any Brandt other them our defendant Brandt in the Fuehrer's Headquarters.
I had just offered Document 1971b-PS as Prosecution Exhibit 51, which is letter from Heinrich Himmler to Dr. Rascher, commenting on the first interim report on the high altitude experiments. It is dated 13 April 1942 and states:
"Dear Dr. Rascher:
"I want to answer your letter with which you sent no your reports.
"Especially the latest discoveries made in your experiments have interested me. May I ask you now the following:
"1. This experiment is to be repeated on other men condemned to death.
"2. I would like Dr. Fahrenkamp to be taken into consultation on these experiments.
"3. Considering the long continued action of the heart, the experiments should be specifically exploited in such a manner as to determine whether these men could be recalled to life. Should such an experiment succeed, then, of course, the person condemned to death shall be pardoned to concentration camp for life.
"Please keep me further informed on the experiments.
"Kind regards and "Heil Hitler, "Yours "H. Himmler."
A copy going to the Chief of the Security Police and SD, and another copy to the SS Brigadefuehrer Gluecks. Gluecks was the Chief of Amt D, in the WVHA; that is to say, the Economic and Administrative Main Office of the SS, the chief of which was Pohl, and Your Honors will recall that I stated that Cswalo Pohl had jurisdiction over concentration camps from the first part of 1942 until the end of the war, hence, a copy of this letter being sent to the administrative headquarters of the concentration camps, or, rather, to his immediate subordinate, Gluecks.
You will note that here again the initials "BR" occur on the bottom of the letter. That is SS-Sturmbannfuehrer Rudolf Brandt.
Now, this letter is quite interesting. It is the first instance in which we hear about anyone being pardoned, as the, put it, to life-long concentration camp should they survive the experiments. In other words, certain of the defendants will try to convince the Court that they were taking experimental subjects who were condemned to death. They went up to them and explained to them that they were going to run these experiments off, that they involved some danger, that if they would come forward and volunteer, "Why, we are big sports. If you live through it, we will let you stay in a concentration camp the rest of your life."
Now, this is nearly a month and a half after the experiments start, and it is the first time that anyone says anything about pardoning anyone condemned to death if they survive these experiments, as you will be told by the defendants Weltz, Romberg, and Ruff. What need is there for the Reichsfuehrer now to write Dr. Rascher on 13 April -- a month and a half after the experiments had been going on -- and to state, "Oh, yes, don't forget to turn them loose"? This has been the first time that any amnesty or commutation has been mentioned.
The second point to bring forward is, How liberal a rule is the Reichsfuehrer setting up here? He is referring to the experiments which Rascher had described in his first interim report, where you had the long-continued heart action after the man was apparently dead, after they had dissected him and removed the liquid which was forming a pressure on the heart and on the brain. That is the experiment that Himmler refers to, and he says, "If you can recall any of these men to life, then you may let them have life-long concentration camp instead of death."
It is rather like the old story that we have heard in the law about the man who is sentenced to be hanged, and they take him out to the scaffold and say the last rites, and he drops through the trap door, and the rope breaks, and there has always been some talk, "Well, we shouldn't hang him again, and I think that is precisely what Himmler is suggesting here -- that if you kill these men but you can bring then back, then you do not have to kill then again.
But the rule was not even that liberal, Your Honors, and this is revealed by Document 1971d-PS, which will be Exhibit 52. This is dated 20 October 1942 and is a teletype from Rascher to the defendant Rudolf Brandt:
"Highly esteemed Obersturmbannfuehrer:
"Will you please clarify the following case with the Reichsfuehrer SS as soon as possible.
"In communication Reichsfuehrer SS of B-4-42 under S3 it is ordered that it prisoners in Dachau condemned to death live through experiments which have endangered their lives, they should be pardoned. As up to now only Poles and Russians were available, some of when had been condemned to death, it is not quite clear to me yet as to whether the above mentioned paragraph also applies to them, and whether they may be pardoned to concentration camp for life after having lived through several very severe experiments.
"Please answer to teletype via Adjutant's Office, Reichsfuehrer SS, Munich.
"Obedient Greetings, Heil Hitler, Yours, /signed/ S. Rascher."
How, this indicates to us the nationality of some of the experimental subjects which were being used, which is an important consideration, Your Honor, as between a crime against humanity and a war crime in the Indictment. We have here non-German nationals being experimented on.
I also want to call you attention to the fact that only some of these people had been condemned to death; in other words, they were not limiting their experiments on the subjects, all of whom had been condemned to death. Were he asks whether the amnesty rule applies to Poles and Russians. The answer comes in Document 1971-c-PS, which will be Prosecution Exhibit 53.
This is a teletype to SS Obersturmfuehrer Schnitzler in Munich:
"Please inform SS Untersturmfuehrer Dr.Rascher with regard to his teletype inquiry that the instruction given some time ago by the Reichsfuehrer SS concerning amnesty of test persons does not apply to Poles and Russians.
/signed/ Brandt, SS Obersturmbannfuchrer."
Now, Your Honor, at a later point we will come to the high altitude report, prepared by the defendants Ruff, Romberg, and the deceased Dr. Rascher, and I will call your attention to a statement in this report that the one died during the course of those experiments. Now we have already put in proof here which clearly indicated that they had a number of deaths.
The next document, which is 1581c-PS, which will be -- Pardon me; that is 1581-b-PS, which will be Prosecution Exhibit 54. It also indicates that they have had a sufficient number of deaths during the course of these experiments. It is a letter dated 13 April 1942, written to the defendant Rudolf Brandt.
"My husband asks you to get him the permission, if possible of the Reicksfuehrer to take immediate colored photos of his new preparations..."
and I give you the German word after "preparations" and in parenthesis the English meaning "of persons just dissected".
..." As a rule only black-white photographing is permitted in the camp. As he wants to evaluate the preparations later on, those photos would be very important for his work. May I ask you for a short early answer? This letter is forwarded by courier.
"With the best regards and many thanks I remain with Heil Hitler!Yours respectful Nini Rascher" There is a note on tho bottom:
"Did the letter with the report Cramer-Klett arrive?" The meaning of that note is not particularly clear. However, during the freezing experiments we will see tho name of Cramer mentioned and, as I recall, it will develop that Cramer is an army doctor attacked to the Institute at St. Johann which you will recall was an institute which was under the jurisdiction of the defendant Handloser in his capacity as Army Medical Inspector.
Document No. 1581 c PS, which will be prosecution Exhibit 55, is the telegram in answer to the request for permission to take colored photographs of the autopsies by Nini Rascher. It is from SS Brigadefuehrer Gluecks whom, you will recall, is head of the Amt in WVHA of the concentration camps. The telegram is to Gluecks from the defendant Rudolf Brandt.
"The Reichsfuchrer - SS has permitted SS 2nd Lieutenant Dr. Rascher, who conducts the experiments in Dachau, to also make colored photographs in connection with his experiments.