"Most honored Obersturmbannfuehrer!
"First of all I want to thank you very much for "Das Glaeserne Meer" (The Glass Ocean). My wife and myself are very happy to possess now a complete set of these books. I have already read the book with great interest.
"The Reichsfuehrer--SS wants to be informed of the state of the experiments. I can announce that the experiments have been concluded, with the exception of those on warming with body heat. The final report will be ready in about 3 days. Professor Holzloehner, for reasons that I cannot fathom does not himself want to make the report to the Reichsfuehrer and has asked me to attend to it. This report must be made before 20 October, because the great Luftwaffe conference on freezing takes place in Nuernberg on 25 October. The report on the results of our research must be made there, to assure that they be used in time for the troops. May I ask you to arrange for a decision from the Reichsfuehrer regarding the final report to him, and the submission to him of the relevant material?
"Today I received your letter of 22 September 42 in which the Reichsfuehrer orders that the experiments on warming through body heat must absolutely be conducted. Because of incomplete address it was delayed. Today I asked Obersturmbannfuehrer Sievers to send a telegram to the camp commander immediately, to the effect that four gypsy women be procured at once from another camp. Moreover, I asked SS-Obersturmbannfuehrer Sievers to take steps to have the low pressure chamber made ready for use.
"The report to General Field Marshal Milch planned for 11 September could not be made, as you have discovered, because he was prevented from attending, and no representative was commissioned to receive it. As the Reichsfuehrer had not empowered me to report to anyone in the Reich Air Ministry (RLM), I abstained from making the report, which rather nettled the gentlemen of the Medical Inspectorate (Sanitaetsinspektion). I immediately informed Obersturmbannfuehrer Sievers. For the time being the report is being held as a military secret at the German experimental Institute for Aviation (DVL) together with a distribution list prepared by the Reich Air Ministry. The distribution of the copies, however, has not yet taken place because, as I said, the report has not yet been made to Milch. I assume that you were informed of this whole business long ago. What shall we do now?
I wish to enclose a letter of thanks to the Reichsfuehrer from the former prisoner Neff. At the same time I should like to thank you very much for your efforts; and let me beg you, should opportunity offer, to convey to the Reichsfuehrer my most sincere thanks for his granting of this request. I did not write to the Reichsfuehrer in person in order not to make any further demands on his valuable time.
"With best wishes and Heil Hitler."
Yours most sincerely, S. Rascher."
MR. MC MAHON: The next document which the prosecution will offer in evidence is No. 289, dated 8 October 1942, which will be marked as Prose cution's Exhibit No. 95, and found on page - it seems this copy is missing, so you 403-A will now receive a typewritten copy which will be numbered Page 31-A in your document book.
We have distributed this correct copy. The copy now appearing in the document book is incomplete so we have now distributed this typewritten copy, which is to be numbered as 31-A. This document is a letter from Dr. Hippke to Himmler expressing Dr. Hippke's thanks for the aid given by Himmler concerning the Dachau experiments. Here we have -
THE PRESIDENT: Pardon me.
MR. MC MAHON: Yes, sir.
THE PRESIDENT: This document is already in the book and seems to be the same one you yourself handed up.
MR. MC MAHON: The trouble seems to be that almost an entire sentence is omitted, so we have submitted this corrected copy and we will read from that, because the other one will not make good sense.
THE PRESIDENT: But there is a difference.
MR. MC MAHON: There is a difference, Your Honor.
THE PRESIDENT: All right.
MR. MC MAHON: In this letter we see Dr. Hippke mentioning how great a value these experiments for great heights for the aviation-medical problems of the Luftwaffe. The letter reads:
"Very honored Herr Reichsfuehrer SS:
"In the name of the German research on aviation-medical problems I beg to thank you very obediently for the great help and all the interest shown in the Dachau experiments. These experiments form a supplement which is, for us, of great value and importance.
"The fact that an atmosphere with so little oxygen can be endured at all for some time is most encouraging for further research.
"It is true that no conclusions as to the practice of parachuting can be drawn for the time being, as a very important factor, viz. cold, has so far not yet been taken into consideration; it places an extraordinary excess burden on the entire body and its vital movements, so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments.
"In the meantime the supplementary tasks required now have "been begun. In part they will have to be finished only after completion of the new Research Institute for Aviation Medicine of the Reich Air Ministry, whose low pressure chamber will include all cold generating apparatus, and also an installation for producing conditions up to a height of 30 km. Sub-freezing experiments in another direction are, in part, still being made at Dachau.
"When the work will need once more you sympathetic assistance, may I be allowed to get in touch with you again through Stabsarzt Dr. Rascher?
With Heil Hitler (signed) Prof.
Dr. Hippke."
The next document which the prosecution will offer in evidence is Document No. 1616-PS, which will be Prosecution's Exhibit No. 96, at page 38 of the English document book and page 62 of the German book. This Rascher report to Himmler is dated 12 February 1943 and tells of the result of his experiments with animal re-warming. I will not read this report but shall pass on to the next document at this time.
The next document will be Document No. 1580-PS, which will be Prosecution Exhibit No. 97, to be found at page 41 of the English document book and at page 71 of the German book. This is a letter from Himmler to Rascher, dated 26 February 1943, acknowledging receipt of Rascher's report and letter on the re-warming experiments, and that his request for further chilling and re-warming tests be made under natural conditions of cold weather. In the same document Himmler agreed with Rascher's request. It reads as follows:
"Dear Rascher, "Best thanks for your letter of 17 February with report on re-warming experiments.
I agree to experiments being made at Auschwitz or Lublin, although I believe that the time for the chilling and re-warming tests under natural conditions of cold weather has nearly passed for this winter. I am sending this letter at the same time to SS Obergruppenfuehrer (SS Lt. Gen.) Pohl, whom I request to order the execution of your experiments at Lublin or Auschwitz.
"Kind greetings and Heil Hitler!(signed) H. HIMMLER" The next document to be introduced as Prosecution's Exhibit No. 98 is Document NO-240. It is found on page 42 of the English document book and page 72 of the German book.
This letter is from Dr. Rascher to Himmler, together with a brief report of the dry-cold experiments carried out on human beings. The letter reads:
"To the Reichsfuehrer SS and Chief of the German Police Heinrich Himmler.
"Dear Reichsfuehrer:
"Enclosed I beg to submit a brief report concerning freezing experiments on human beings exposed to the open air.
"Early in May I hope to be in a position, dear Reichsfuehrer, to submit to you my habilitation thesis. SS Obersturmbannfuehrer Professor Dr. Pfannenstiel of Marburg is prepared to use and accept it as a secret thesis of habilitation.
"Do you want me to send a copy of the enclosed report to the Reich Physician SS?
With most devoted greetings and Heil Hitler, I am always Your obedient and grateful (signature) S. Rascher."
The next document is No. NO-241, thereby being Prosecution's Exhibit No. 99, and will be found on page 43 of the English document book, and page 73 of the German book. This is a letter from Rudolf Brandt to Dr. Rascher acknowledging Himmler's receipt of the Rascher report on dry-cold freezing experiments. The letter reads:
"Dear comrade Rascher:
"The Reichsfuehrer SS has received the report concerning the freezing experiments on human beings exposed to the open air, and thanks to you for transmitting same.
"Kindly contact SS Gruppenfuehrer Professor Gebhardt who received from Reichsfuehrer SS your report for study.
Please ask SS Gruppenfuehrer Gebhardt personally at Hohenlychen when your visit would suit him.
Also send copy of the report to the Reich physician SS. I take the opportunity of confirming receipt of your letter of April 4, 1943.
Cordial greetings and Heil Hitler.
(signature) Yours, RBr. Rudolf Brandt Obersturmbannfuehrer.
" This supplies the Tribunal with the group experiments carried out by Dr. Rascher and his associated in the Luftwaffen, the medical corps for the benefit of the Luftwaffen, and pursuant to orders of the defendant Milch.
We shall now proceed with a number of these experiments performed upon involuntary prisoners, and showing of their numerous results.
The next document to be offered in evidence is Document 2428-PS, which will be Prosecution's Exhibit No. 100, and will be found on page 45 of the English Document Book, and page 74 of the German Document Book. This document contains testimony of Anton Pacholeff, given under oath at Dachau on 13 May 1945. Mr. Pacholeff was an inmate of the Dachau Concentration Camp, and was a former patent lawyer in Austria. On page three of this witness' testimony is stated that extreme experiments were certain to result in death which would accompany the later pressure experiment. On page 3 also Pacholeff tells how the experimental subjects were selected. The court will note that on the question of giving the subject a free choice, it was not even considered. I shall read the questions and answers, beginning at:
Q. In light of your being at this investigation, what would you say of interest to this proceeding as to what you knew of this experimental station?
A. First, I want to talk about experiments with air pressure in connection with the Luftwaffe. The Luftwaffe delivered here the Concentration Camp at Dachau a cabinet constructed of wood and metal, measuring one meter square and two meters high. It was possible in this cabinet to either increase or decrease the air pressure. You could, observe through a little window the reaction of the subject inside the chamber.
The purpose of these experiments in the cabinet was to test human energy, and the subject's capacity and ability to take large amounts of pure oxygen and then to test his reaction to a gradual decrease of oxygen, almost approaching infinity. This amounted to a vacuum chamber in what had been a pressure chamber at the beginning of the experiment. Such prisoners were chosen for these experiments upon written request which was sent to Berlin. Suggested names of prisoners in this camp were sent, and authorization was received here in camp----"
DR. BERGOLD: I have not any copy, it is missing.
MR. McMAHON: You may get a German copy. Do you have it, Dr. Bergold?
DR. BERGOLD: Yes, Your Honor.
MR. McMAHON: "---Then the experiment was begun. Dr. Sigmend Rascher actually picked the physical subjects, and sent the names to Berlin. He chose these persons from the group in camp within the punishment company, which group was made up of political prisoners who had already been marked for extermination. A few convicts were among these political prisoners, having been placed there merely to depress the morale of the political prisoners, and, so, a few convicts were killed along with others.
Q. What do you know of the so-called "Rascher Process"?
A. The process, so-called, is more or less a slang term. It was simply a method of testing persons ability to withstand extreme air pressure. Some experiments would have no physical effect on a person, but would only be indicated by meter recordings. There were extremes, however, in these experiments. I have personally seen through the observation window of the chamber when a prisoner inside would stand a vacuum until his lungs ruptured. Some experiments gave men such pressure in their heads that they would go mad, and pull out their hair in an effort to relieve the pressure. They would tear their heads and face with their fingers and nails in an attempt to maim themselves in their madness. They would beat the walls with their hands and head, and scream in an effort to relieve pressure on their eardrums. These cases of extremes of vacuums generally ended in death of the sub ject.
An extreme experiment was so certain to result in death that in many instances the chamber was used for routine execution purposes rather than an experiment. I have known Rascher's experiments to subject a prisoner to vacuum conditions, or extreme pressure conditions, or combinations of both for as long as thirty minutes. The experiments were generally classified into two groups, one known as the living experiments, and the ether simply as the "X" experiment, which was a way of saying "execution" experiment.
At this time, Your Honors, I would like to read into the record testimony of one Walter Neff which was taken from the official transcript of the American Military Tribunal in the matter of United States of America versus Karl Brandt., et al. defendants, sitting at Nurnberg, Germany, on 17th December. Mr. Blakeslee informs me we do not have the exhibit virtually, and if you will permit me, we will read it into the record, and later submit the exhibit.
THE PRESIDENT: Is this witness Neff still within the American Zone?
MR. McMAHON: I think he is, Your Honor, so far as I know.
THE PRESIDENT: What opportunity does Dr. Bergold have to cross examine this witness?
MR. McMAHON: Your Honor, I do not believe he has an opportunity here to cross examine him, except insofar as he may call him as his own witness, but this document of Walter Neff is before this court, and I was under the impression this Tribunal takes judicial notice of official procedure of the other Tribunal.
THE PRESIDENT: We take judicial notice when he did testify--
MR. McMAHON: Yes, sir.
THE PRESIDENT: But, of course, some of us heard he testified, but that has not anything to do with the right of this defendant's counsel to impeach that testimony and to try to contradict it, or he to testify further under cross examination, but if no objection is raised on the part of the defendant, you may proceed.
DR. BERGOLD: This is one of the documents about which I spoke this morning. I stated this morning that I should like to reserve to myself the right to cross examine these people. Of course, Neff is among them. I can not accept this document of his interrogation in that other court without my own examination.
THE PRESIDENT: This Tribunal is ready to extend to you, Dr. Bergold, the right to have this witness produced for cross examination if you wish.
DR. BERGOLD: Yes.
JUDGE MUSMANNO: Mr. McMahon, what objection do you have to producing this witness as your own witness so that we may get the testimony first handed?
MR. McMAHON: Well, Your Honor, we wish to avoid that, if possible, because, as was stated in that other proceeding, Walter Neff is being hold under suspicion of being a war criminal, and we did not want to offer him as our witness because he might prove hostile to our case. For that reason, we wanted to read in his testimony, or, in the event that the Court deemed that he should be called, to have him called as a Court witness.
THE PRESIDENT: This witness was produced its a court witness in the first Tribunal?
MR. McMAHON: He was, Your Honor.
DR. BERGOLD: May it please the Tribunal, this point that is now under discussion will make special difficulties. The case against Milch is proceeding more rapidly than the case before Court Number 1. It could happen that all the evidence presented in the other Court would have to be repeated by me here in this Court, for my German colleagues upstairs are producing proofs which serve to strengthen my case. I should then have to repeat the same proofs here in this Court. That is the particular difficulty here. If the Prosecution says it can not call a witness because he is busy elsewhere, I must say that I must be confronted with this witness, if not in person, at least by way of affidavit. It is going to happen that I shall have to present the same evidence over again unless I am given a change to see the witness personally or to call him immediately.
THE PRESIDENT: Well, the Court has already indicated that it proposes to give you the chance to call this witness and to confront him, if you so desire.
DR. BERGOLD: Yes.
THE PRESIDENT: Is that sufficient?
DR. BERGOLD: That is sufficient, yes.
MR. McMAHON: Then, what is Your Honor's ruling on that point of Walter Neff? May I read his testimony at this time?
THE PRESIDENT: Yes.
MR. McMAHON: Thank you. This is Document NOKW-452, which appears on page 63 of the English and page 87 of the German book.
THE PRESIDENT: I think it is page 61, Mr. McMahon.
MR. McMAHON:NOKW-452?
THE PRESIDENT: Yes.
MR. McMAHON: Thank you. This will be offered as Exhibit No. 101:
"Walter Neff, a witness, took the stand and testified as follows:
"BY JUDGE SEBRING:
"Witness, the Tribunal is now about to put certain questions to you before you are sworn as a witness in this case.
"Q. Do you answer to the name of Walter Neff?
"A. Yes.
"Q. Where do you now live?
"A. In Dachau, Kufsteinerstrasse, No. 2.
"Q. Are you a German national?
"A. Yes.
"Q. Very well. Hold up your right hand and repeat after me the oath: I swear by God, the almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing."
THE PRESIDENT: I think you can skip the next page, Mr. McMahon.
MR. McMAHON: Thank you. I will start down on page 606 of the original. Do you have that, where the question was, "Let us move on now to February of 1942.
When did the high altitude experiments begin in Dachau?"
THE PRESIDENT: That is the middle of page 63?
MR. McMAHON: That is right. Your Honor, and I think page 87 of the German book.
"A. The first high altitude experiments were on 22 February 1942. The so-called low pressure cars had been brought in earlier and dismounted. The exact time when the cars came I don't know.
"Q. Why do you remember the date when first experiments were made in the low pressure chambers so well?
"A. The 22nd of February is my birthday and the tubercular patients made a celebration for me. On that date the experiments started and that is way I remember the date.
"Q. Do you remember that the low pressure chamber arrived in Dachau some days before 22 February 1942?
"A. Yes.
"Q. Now, I am going to have a book brought up to you, and if the Tribunal please, this is a book entitled 'Grundriss der Luftfahrtmedizin' by S. Ruff and S. Stutthof, edition of 1944. I am asking the witness to look at a picture on page 29 and tell the Tribunal if the low pressure chamber, which was in Dachau, was similar to the one shown in this picture.
"(The witness is shown the book).
"A. Yes.
"Q. Mayi t please the Tribunal, I do not care to offer the book in evidence. However, I believe you might like to look at the picture and get some idea of the chamber, so that I am asking that it be passed up.
"(The book is shown to the Tribunal.)
"Q. Witness, was this a moveable low pressure chamber?
"A. Yes.
"Q. Now, who brought the chamber down to Dachau? Do you know?
"A. It was brought into the camp by a coal truck, and Dr. Romberg came with it, and he gave the orders for the assembling and the current.
"Q. Witness, do you know Romberg?
"A. Yes.
"Q. Do you see him in the defendants' box?
"A. Yes."
And then the following I think we can skip and go down to page 611 of the original, page 66, of the English book. It should be about page 90, I think, of the German book.
"Q. Now, let's go back to the high altitude experiments. Will you tell the Tribunal who worked on these experiments?
"A. The experiments were conducted by Dr. Rascher and Dr. Romberg. Ten prisoners were selected and were taken up to the station as permanent experimental subject; and they were told that nothing would happen to them. In the beginning, the first three weeks, the experiments went off without incident. One day, however, Rascher told me that the next day he was going to make a serious experiment and that he would need sixteen Russians who had been condemned to death, and he received these Russians. Then I told Rasher that I would not help, and I actually got Rascher to send me away to the tubercular ward. On that day I know for certain that Rascher's SS-M Endres or other SS-Men conducted these experiments. Dr. Romberg was not there that day. The SS Man Endres took the Russian prisoners of war to Rascher, and in the evening the parties were taken out. On the next day when I returned to the station, Endres was already there, and he said that two more, two Jews, would be killed. I am quoting what he said. I left the station again, but watched to see who would be taken for the experiments. I saw the first one getting into the car. I could only see his profile. It seemed familiar to me. I know that man worked in the hospital as a tailor. I tried to find out if he was really that man. I went to the place where he worked, and I was told that Endres had just taken the man away. The first person that I informed was Dr. Romberg, whom I met in the corridor. I told Romberg that this was not a person who had been condemned to death, and this was a clear case of murder on the responsibility of Endres. Romberg went with me to see Rascher to clear the matter up, but it was discovered that Endres had put this man in the experimental car because he had refused to make a civilian suit for the SS men.
Rascher sent the man back; Endres went with him and remarked, 'Well, then, you will get an injection today.' I must say that Rascher interfered once more and put the man in safety into the bunker. In the meantime, Endres had brought a second man up, a Czech, whom I knew very well Again it was Romberg together with me who talked to Rascher to stop this experiment or inquire why a man like Endres was simply talking people who had never been condemned to death. Rascher went to the camp commandant, Pirkowsky, who personally came to the station, and Endres was transferred to Lublin immediately."
And now I come to this subject.
Skipping a question and answer:
"Q. Now, witness, before the recess, you had been telling the Tribunal about the high altitude experiments which you stated began on February 22, 1942, and you had related how early in March Rascher had experimented upon some fifteen Russians who were killed, and you stated that neither you nor the defendant Romberg were present on that occasion, and you then had gone on to relate the introduction when the SS man in Dachau named Endres had brought in the tailor at the camp and wanted him to be experimented upon and how you recognized the tailor and interceded with Romberg and had this man returned.
"Now, before you continue with your story, I would like to put some specific questions to you. It is true, is it not, that concentration camp inmates wore experimented on during these high-altitude test experiments?
"A. Yes.
"Q. About how many concentration camp inmates were subjected to these high-altitude experiments?
"A. There were 180 to 200 inmates who were subjected to the highaltitude experiments.
"Q. Now, when, to the best of your recollection, did the high altitude experiments end?
"A. The incident of the idea-- I am afraid I didn't quite get your question. Will you repeat it?
"Q. I am asking you, witness, when the high altitude experiments ended: that is, when they were completed.
"A. During the course of June -- maybe the beginning of July, the low-pressure chambers were transported away. I don't recollect the exact date however..
"Q. And you state that between February 22, 1942 and the end of June, or the beginning of July 1942, approximately 180 to 200 concentration camp inmates were experimented on?
"A. Yes.
"Q. Now, what nationalities were experimental subjects?
"A. I don't know, but I shouldn't think so. I shouldn't think that they made great efforts to get volunteers.
"Q. Now, other than these approximately ten persons who you state presented themselves as volunteers, were all the rest of the experimental subjects simply picked out and brought in and experimented on?
"A. Yes.
"Q. Were any of these prisoners, experimented upon, released from the concentration camp because they underwent the experiments?
"A. There is only one man who was released after the high-altitude experiments.
"Q. And who was that?
"A. An inmate with the name of Zopota(?)."
Now, on page 618 of the original, the question beginning, "Now, witness were any Jews experimented on in these high-altitude experiments?
"A. Yes.
"Q. Now, tell the Tribunal approximately how many prisoners were killed during the course of the high altitude experiments.
"A. During the high altitude experiments seventy to eighty persons were killed.
"Q. Did they experiment on prisoners other than those condemned to death?
A. Yes.
Q. Were any of those prisoners who had not been condemned to death killed during tho course of the high attitude experiments?
"A. Yes.
"Q. Do you have any idea of how many may have been killed?
"A. There could have been approximately forty persons.
"Q. That is, forty persons were killed who had not been condemned to death out of a total of seventy, did you say?
"A. Yes.
"Q. Now, were some of those killed political prisoners?
"A. Yes.
"Q. Is there any way of tolling whether or not a prisoner had been condemned to death; that is, when the experimental subject arrived in the pressure chamber, was there any way to know whether he had been condemned to death?
"A. Once the experimental subject came from the Bunker, that is, as soon as the SS took them out, we could always tell they were prisoners who had been condemned to death. When the inmates were sent by the camp leader, and were brought there by him, then, we could also tell that they were persons who came from the camp and that those were not persons who had been condemned to death."
Now, at the bottom of the page the question:
"Now, did they perform autopsies on any of those bodies, the bodies of the persons who were killed during the high-altitude experiments?
"A. I do not understand your expression, autopsies.
"Q. By autopsies, I mean, did they dissect the bodies of the persons who were killed in the high altitude experiments?
"A. During the, experiments, one autopsy was performed, and that was at ten thousand meters; otherwise, the largest number of the experimental subjects who died were autopsied in the morgue.
"Q. Now, you say they actually performed the autopsy in the low pressure chamber at ten thousand meters?
"A. Yes.
417(a) "Q. Why was that done?
"A. I am too little of an expert in order to express myself properly. I only know that it was said that gas or contain air in the brain will result at high altitudes, and they wanted to determine how the prisoner would react in this high altitude.
Q. Did Romberg assist in this particular autopsy in tho low pressure chamber?
"A. Yes.
"Q. Was this man deliberately killed in the low pressure chamber?
"A. Yes.
"Q. Do you mean to state that he was killed because they wanted to see what effect those particular pressures had on his body; that is, how long they had to continue the pressure until he died?
"A. Yes.
"Q. Did they at times perform autopsies or dissections under water?
"A. Yes.
"Q. You do not remember that they performed dissections under water? You don't remember that?
"A. I am sure that was not done in Dachau, and it really would have been impossible considering the size of the experimental room.
"Q. Do you remember any cases of dissection where the heart continued beating after tho breast had been opened?
"A. Yes. During one autopsy it was found after the breast had been opened and oven after the heart had been opened that the heart was still beating. I knew that exactly because I brought the EKG apparatus into the morgue; and I then recorded this beating heart on the EKG.
