1. HIGH-ALTITUDE EXPERIMENTS

a. Introduction

The defendants Karl Brandt, Handloser, Schroeder, Gebhardt, Rudolf

Brandt, Mrugowsky, Poppendick, Sievers, Ruff, Romberg, Becker-Freyseng,

and Weltz were charged with special responsibility for and participation

in criminal conduct involving high-altitude experiments (par. 6 (_A_) of

the indictment). During the course of the trial, the prosecution

withdrew this charge in the cases of Karl Brandt, Handloser, Poppendick,

and Mrugowsky. Only the defendants Rudolf Brandt and Sievers were

convicted on this charge.

The prosecution’s summation of the evidence on the high-altitude

experiments is contained in its closing brief against the defendants

Ruff, Romberg, and Weltz. An extract from this brief is set forth below

on pages 92 to 113. A corresponding summation of the evidence by the

defense on these experiments has been selected from the closing briefs

for the defendants Ruff and Sievers. It appears below on pages 114 to

140. This argumentation is followed by selections from the evidence on

pages 140 to 198.

b. Selection From the Argumentation of the Prosecution

_EXTRACTS FROM THE CLOSING BRIEF AGAINST DEFENDANTS RUFF, ROMBERG, AND

WELTZ_

Early in the war it was deemed necessary to conduct research in the

field of high altitudes because of the higher ceilings reached by the

Allied fighter planes. This created the problem of availability of human

experimental subjects, inasmuch as animal experimentation was considered

inadequate. The heights involved were 12,000 meters to over 20,000

meters, hence it goes without saying that such experiments were very

dangerous and, as indicated by the evidence, volunteers were not to be

had. This difficulty was overcome by the use of concentration camp

inmates without their consent. The first indication of this criminal

plan appears in a letter from Dr. Sigmund Rascher, a Luftwaffe

physician, in a letter to the Reich Leader SS dated 15 May 1941:

“For the time being, I have been assigned to the Luftgau

Kommando VII, Munich, for a medical selection course. During

this course, where research on high-altitude flying plays a

prominent part, determined by the somewhat higher ceiling of the

English fighter planes, considerable regret was expressed that

no experiments on human beings have so far been possible for us

because such experiments are very dangerous, _and nobody is

volunteering_. I therefore put the serious question: is there

any possibility that two or three professional criminals can be

made available for these experiments?” [Emphasis supplied.]

(_1602, PS, Pros. Ex. 44._)

It further appears in this Rascher letter of 15 May 1941 that Rascher

had conferred with another Luftwaffe physician and that a tentative

agreement had been reached wherein it was determined that the

experiments on the concentration camp inmates, in which the experimental

subjects were expected to die, would be performed at the “Bodenstaendige

Pruefstelle fuer Hoehenforschung der Luftwaffe” at Munich:

“The experiments are being performed at the Ground Station for

High-Altitude Experiments of the Luftwaffe [Bodenstaendige

Pruefstelle fuer Hoehenforschung der Luftwaffe] at Munich. The

experiments, in which the experimental subject of course may

die, would take place with my collaboration. They are absolutely

essential for the research on high-altitude flying and cannot,

as it had been tried until now, be carried out on monkeys,

because monkeys offer entirely different test conditions. I had

an absolutely confidential talk with the representative of the

Luftwaffe physician who is conducting these experiments. He also

is of the opinion that the problems in question can only be

solved by experiments on human beings.” (_1602-PS, Pros. Ex.

44._)

* * * * *

Weltz testified that a meeting took place in the summer of 1941 on the

occasion of a visit by Generaloberstabsarzt Hippke to Luftgau VII. (_Tr.

p. 7056._) In a discussion between Weltz, Kottenhoff, and Hippke, Hippke

gave his approval in principle to the experiments if they were deemed

necessary. (_Tr. p. 7065._) In the course of the summer of 1941, Rascher

went to Weltz and proposed the slow-ascent experiments, but Weltz turned

them down as unnecessary. (_Tr. p. 7176._) This testimony of the

defendant Weltz clearly indicates the jurisdiction Weltz had over

Rascher’s activities. This refusal to permit the performance of

slow-ascent experiments bears out the contention of the prosecution that

the defendant Weltz had the power and the authority to intervene at any

time. Weltz’ actions throughout the entire development of the plans for

the experiments were not merely negative. He was in full accord with the

entire enterprise and he realized that Rascher did not possess the

necessary qualifications to conduct these experiments without the

assistance of a specialist in this particular field of aviation

medicine. Furthermore, although Rascher was attached to Weltz’ Institute

he had no other definite work. (_Tr. pp. 7078 and 7187._) To find a

specialist to collaborate with Weltz and Rascher proved to be a

difficult task. Weltz first approached members of his own institute,

namely Lutz and Wendt, men of considerable reputation in this field, but

to no avail. Wolfgang Lutz appeared before this Tribunal and testified

that Weltz requested his assistance, as well as the assistance of Wendt,

but that they both refused on moral grounds. (_Tr. p. 269._) Weltz did

not deny this, but contended that his questions to Lutz were purely

rhetorical. (_Tr. p. 7069._)

The inability to interest a specialist in the field of high-altitude

research to collaborate with Rascher explains the cause for the lapse of

time between the date of the authorization by Himmler and the actual

date of the commencement of the experiments, viz, July 1941 to February

1942. Weltz was not a specialist in high-altitude research. Kottenhoff

was transferred to Romania, and Rascher was comparatively a novice in

this field.

The next step taken by Weltz, which led to the completion of the plans

to conduct the high-altitude experiments on human beings at the Dachau

concentration camp, was his invitation to the defendants Ruff and

Romberg to collaborate with Rascher. These two men were experts in this

field and were interested in further research in altitudes exceeding

12,000 meters. Weltz testified that he made a trip to Berlin and that

Ruff accepted his invitation to collaborate with Rascher. (_Tr. p.

7188._) The evidence shows that Weltz approached Ruff and Romberg as he

needed expert assistance. (_NO-437, Pros. Ex. 42_; _NO-263, Pros. Ex.

47_; _NO-191, Pros. Ex. 43_.) The defendant Ruff stated that he first

heard of the plan to carry out research on inmates of the Dachau

concentration camp from the defendant Weltz and that Weltz desired

collaboration between Romberg and Rascher and between Weltz’ Institute

and Ruff’s Institute. (_Tr. p. 6653._) Furthermore, Ruff testified that

Weltz stated:

“It is, of course, best if you or Romberg take part in these

experiments because Romberg had already carried out such

parachute descent experiments and is therefore the man who knows

about the whole problem of rescue from high altitudes.” (_Tr.

pp. 6654-5._) Ruff further testified that Weltz suggested that a

new series of experiments in parachute descents from great

heights should be carried out at Dachau on prisoners. (_Tr. p.

6653._)

From this moment on, the experimental program started to move as a

mutual undertaking. This is better stated by the defendant Weltz:

“This was to be a mutual undertaking, during which Ruff was to

detail Romberg and I was to detail Rascher. Ruff naturally was

to be chief of Romberg and I, as a matter of course, was to be

Rascher’s chief. Ruff couldn’t give any orders to Rascher.

Rascher was a captain in the Medical Corps and Ruff was a

civilian. I couldn’t give any orders to Romberg because Romberg

was a civilian while I was a soldier. Naturally, this is how the

distribution was. It had to be that way. Furthermore, it was

clear that I couldn’t in any way retire. I could not just leave

Rascher to Ruff. It was quite clear that I had to participate in

these experiments by exercising supervision, but not by actively

participating.” (_Tr. p. 7079._)

This evidence certainly rebuts Weltz’ vague contention that he was not

in search of specialists in high-altitude research to collaborate with

him and Rascher. Without the efforts of Weltz the experiments could

never have taken place. In brief, to conduct these experiments at

altitudes exceeding 12,000 meters Weltz found it necessary to secure the

assistance of experts in the field, as well as a low-pressure chamber

which would meet his needs. Ruff and Romberg possessed both, and in the

above manner Weltz skillfully engineered the whole plan.

Immediately after Weltz had completed his negotiations with Ruff, he

called a meeting at his institute in Munich, wherein discussions of a

technical nature concerning the experiments were held. At this meeting,

Ruff, Romberg, Rascher, and Weltz were in attendance. This meeting was

at Weltz’ Institute and Weltz presided over the meeting. It was further

decided that a second meeting was to be held at Dachau a few days later

in order to make the necessary arrangements with the camp commander.

This trip took place in order to discuss technical preparations with the

camp commander, and to arrange details concerning the selection of the

experimental subjects. Again, Weltz, Ruff, Romberg, and Rascher were in

attendance, in addition to Piorkowski, the camp commander, and

Schnitzler of the staff of the Reichsfuehrung SS. (_NO-476, Pros. Ex.

40_; _NO-437, Pros. Ex. 42_; _NO-263, Pros. Ex. 47_; _Tr. pp. 7086-7_.)

After the arrangements with the camp authorities at Dachau had been

completed, the shipment of the low-pressure chamber from Berlin was the

next problem to overcome. As pointed out earlier, Weltz desired the

low-pressure chamber which was possessed by Ruff and Romberg for use in

the experiments at Dachau. It is interesting to note that Weltz had had

a low-pressure chamber available in his own institute from 1938 on (_Tr.

p. 7178._), and that Weltz testified that volunteers from his student

body or from the Luftwaffe were available. (_Tr. pp. 7180-83._) Despite

this, it was necessary to resort to the concentration camp for inmates

and, in order to conduct the experiments, a mobile pressure chamber had

to be brought down from the Ruff Institute in Berlin, as the

low-pressure chamber in the Weltz Institute was not mobile. The mobile

low-pressure chamber from Ruff’s Institute at Berlin was driven to

Weltz’ Institute in Munich and arrived in the late afternoon. This

chamber was driven to Munich by employees of the DVL and turned over to

Weltz. On the following day, SS drivers came from Dachau, received the

keys to the chamber and drove it to the concentration camp. (_Tr. p.

7199._) The purpose in camouflaging this activity was to deceive the

employees of the DVL because Weltz and Ruff did not want them to know

that the low-pressure chamber was to be used in an experimental program

at a concentration camp. This is borne out by the fact that a completely

new set of drivers came from the concentration camp to take the chamber

to Dachau. This particular action of secrecy is noticeable when it is

considered that Dachau is merely 12 kilometers from Munich and actually

the DVL drivers had to go out of their way to deliver the chamber to the

Weltz Institute. Ruff testified that the secrecy in the transfer of the

chamber to Dachau was for security reasons. (_Tr. p. 6550._)

From the evidence thus far summarized, and indeed from Weltz’ own

admission, it is clear that he must be found guilty of the high-altitude

crimes committed in Dachau. This was a criminal undertaking from its

inception. It was known to all concerned that the proposed experiments

were certain to result in deaths and that they were to be performed on

nonvolunteers. That is proved by the very first letter to Himmler. Weltz

supported the ambition of his subordinate, Rascher, to perform the

experiments on behalf of the Weltz Institute. He secured the

collaboration of Ruff and Romberg. He obtained the consent of Hippke and

a research assignment from the Referat for Aviation Medicine under

Anthony and Becker-Freyseng. He took care of the technical arrangements

and participated in conferences with Ruff, Romberg, and Rascher which

decided on the experiments to be performed. Weltz did more in having the

experiments performed than anyone else. His guilt is clearly established

on this evidence alone. It is not disputed that Rascher was subordinated

to him until February 1942. Weltz’ main defense is that he had Rascher

transferred from his institute late in February 1942 and, hence, cannot

be held responsible for what happened thereafter. Even if true, this is

no defense. Weltz had long since participated in the criminal

enterprise. He cannot be heard to say that “Yes, I did all that, but I’m

not responsible for the actual consequences which my acts were expected

to bring about.” The deaths which occurred in these experiments were

foreseeable from the beginning. Weltz does not escape responsibility for

those deaths, even if it were true that Rascher was not subordinated to

him when they occurred. But that is not true, as the evidence proves.

The actual date of the commencement of the experiments at Dachau was 22

February 1942, which was recalled by the witness Neff because it was his

birthday. (_Tr. p. 606._) From this point on, the defendant Weltz takes

the position that he had no knowledge of the work and that, in fact,

Rascher was relieved from his command. Weltz admitted that it was his

obligation to supervise Rascher and that the existing arrangement

between Ruff and Weltz was that this was to be a joint undertaking. Ruff

exercised supervision over Romberg, and Weltz was to exercise

supervision over Rascher. Weltz conceded that he was Rascher’s

disciplinary superior and was responsible for the scientific programs to

which he assigned Rascher. (_Tr. p. 7088._) Despite this chain of

command and working agreement, Weltz takes the position that Rascher

endeavored to work independently and that he did not desire to report to

Weltz. (_Tr. pp. 7088-9._) It became necessary for Weltz to order

Rascher to report to him twice a week and, as a result of this order,

Weltz alleges that Rascher came to him in the middle of February and

that they had their first conversation since the meeting in Dachau and

on that occasion, Rascher informed Weltz that the experiments had not

even started yet and that he had nothing to report. (_Tr. p. 7089._)

Weltz testified that Anthony, under whom Becker-Freyseng worked in the

Luftwaffe Medical Inspectorate, in Berlin, telephoned him to inquire how

the Dachau experiments were progressing and that he could only reply

that nothing had been reported to him. Rascher reported to him for the

second time, whereupon Weltz informed Rascher that a telephone call had

come through from Berlin and that he wanted to have some clarification

as to how things stood at Dachau. Rascher did not want to report

anything to Weltz at the second conversation, and Weltz maintains that

he told Rascher that he was going to Berlin to clear up the situation

and obtain a clear decision whether or not Rascher was to report to him.

Then, on the occasion of the third visit from Rascher, Weltz, expecting

a sharp argument, asked Wendt of his office to come into the room, and

on that occasion he confronted Rascher with the alternative either to

report to him or to leave the institute. Weltz asserts that at that time

Rascher showed him a telegram from Himmler, which read: “Experiments are

to be kept secret from everyone.” (_Tr. p. 7089._) Thereupon, Weltz

maintains that he ordered Rascher from his institute and that he then

composed a letter, together with Wendt, to the Luftgau and asked for

Rascher’s immediate transfer and that within a few days Rascher’s

assignment had ended. (_Tr. p. 7090._)

The memorandum of Nini Rascher to Himmler of 24 February 1942 shows that

at that time Rascher was still subordinate to Weltz. (_NO-263, Pros. Ex.

47._) She reviewed the history of the experiments and pointed out that

on 24 July 1941 Rascher, Kottenhoff, and Weltz were to be in charge.

Kottenhoff was transferred to Romania in August and thereby excluded

from the group. She stated that it was Weltz’s task to initiate the

technical execution of the experiments. Apparently because of a fear of

moral objections on the part of Hippke, Weltz had postponed the

beginning of the experiments but had finally secured Ruff and Romberg to

collaborate with Rascher. A conference took place in Dachau between

Piorkowski, Schnitzler, Weltz, Rascher, Romberg, and Ruff. Weltz had

given the assurance that he would take care of the authorization for

Rascher. Mrs. Rascher complained that on 18 February, after Rascher had

carried out all the preparatory work, Weltz stated: “Now that you have

removed all obstacles from the path of Romberg with the SS, the

authorization must be handled differently.” Mrs. Rascher stated that

both Romberg and Rascher agreed that Weltz was not needed anymore and

that both opposed his attempts to oust Rascher in favor of himself.

Weltz contended that the truth of the matter was that he wished to get

rid of Rascher, and that Mrs. Rascher had misrepresented this to Himmler

so that it would appear that he was trying to eliminate Rascher in order

to keep the work exclusively to himself. (_Tr. p. 7099._) There can be

no question that Mrs. Rascher was quite correct in her analysis of the

situation. What possible reason could Weltz have for desiring, just

before the experiments began, to eliminate Rascher unless he wished to

participate himself personally and thus secure a larger share of the

scientific credit? Certainly he had supported Rascher from the very

inception of the proposal to perform the experiments. Be that as it may,

the proof shows that Rascher continued to participate in the experiments

as a subordinate of Weltz. This is clearly proved by a file memorandum

of Schnitzler of the SS office in Munich, dated 28 April 1942. (_NO-264,

Pros. Ex. 60._) This memorandum shows that Rascher was still

subordinated to Weltz, and that Weltz was insisting on active

participation in the experiments and full responsibility. The RLM [Reich

Air Ministry] had inquired of Weltz how long the experiments would last,

and whether it was justifiable to detail a medical officer for so long.

Rascher, who was chafing under his subordination to Weltz, requested

that his assignment be changed to the DVL [German Aviation Research

Institute], Dachau Branch.

Weltz’ only reaction to this document was that the date was wrong and

should read 28 February 1942 instead of 28 April 1942. (_Tr. p. 7099

ff._) Weltz conceded on cross-examination that, assuming the date 28

April 1942 was correct, then of course Rascher was still his subordinate

at that time. (_Tr. p. 7232._) The file memorandum of Sievers dated 3

May 1942 settled this question beyond any doubt. This memorandum reads

as follows:

“SS Untersturmfuehrer Stabsarzt Dr. Rascher reported in Munich

on 29 April 1942 about the result of the conference with

Oberstabsarzt Dr. Weltz. Weltz requested that Dr. Rascher be

withdrawn if by Friday, 1 May 1942 he (Weltz) were not taken

into consultation regarding the experiments. The Reich Leader SS

was informed accordingly. He ordered SS Obergruppenfuehrer Wolff

on 30 April 1942 to send a telegram to Field Marshal Milch

requesting that Dr. Rascher be ordered to the German Aviation

Research Institute [Deutsche Versuchsanstalt fuer Luftfahrt],

Dachau Branch, and there to be at the disposal of the Reich

Leader SS.” (_NO-1359, Pros. Ex. 493._)

After having been confronted with this document Weltz in effect conceded

that his previous testimony about the transfer of Rascher had been, to

say the least of it, incorrect. He said:

“Yes, now the entire matter looks somewhat different. If I had

this file note of Sievers in addition to my other documents, I

would have known that the note of Schnitzler was correct, and

that there must be another possibility to explain Mrs. Nini

Rascher’s letter. This letter, on the other hand, cannot be

explained now. I can only try to reconstruct the dates from the

documents which were available here, since I no longer know them

today.” (_Tr. p. 7239._)

On redirect examination by his defense counsel, Weltz was asked again to

clarify the situation with respect to Rascher’s subordination, and he

replied:

“Since my first attempt to clarify this contradiction came to

naught, I should not like to try again. I simply can see no way

to clarify it on the basis of the material before me.” (_Tr. p.

7251._)

In a letter of 20 May 1942 from Milch to Wolff it is again made evident

beyond any doubt that Rascher was subordinate to Weltz:

“In reference to your telegram of 12 May our medical inspector

reports to me that the altitude experiments carried out by the

SS and Air Force at Dachau have been finished. Any continuation

of these experiments seems essentially unreasonable. However,

the carrying out of experiments of some other kind, in regard to

perils at high sea, would be important. These have been prepared

in immediate agreement with the proper offices; Major (M. C.)

Weltz will be charged with the execution and Captain (M. C.)

Rascher will be made available until further orders in addition

to his duties within the Medical Corps of the Air Corps.”

(_343-A-PS, Pros. Ex. 62._)

Thus it is clear that Weltz must be held responsible for the numerous

murders which resulted during the high-altitude experiments in Dachau.

Not only did he participate in plans and enterprises involving the

commission of these experiments, but he also was the direct superior of

Rascher who, together with Ruff and Romberg, actually executed the

experiments.

_Status of Prisoners Used in the Experiments_

After Weltz had successfully secured the collaboration of Ruff and

Romberg, he held a meeting at his institute in Munich late in December

1941, or early in January 1942. (_Tr. p. 6657_; _Tr. p. 7086_.) Ruff,

Romberg, Weltz, and Rascher attended this meeting primarily to lay the

groundwork for the technical arrangements necessary to perform the work

at Dachau. It is alleged by all the defendants that the question

regarding the status of the prisoners to be used was discussed and that

Rascher had assured them that the subjects would be exclusively

volunteers. (_Tr. p. 7086_; _Tr. p. 6232_; _Tr. p. 6869_.) In fact, the

defendants state that Rascher exhibited a communication from Himmler

which provided that the subjects must be volunteers under all

circumstances. (_Tr. p. 6869._) Unfortunately, this letter has not been

produced by the defense. Needless to say, the defendants take the

position that such experiments were to be performed on habitual and

condemned criminals and that considerations were to be offered to said

“volunteers” in the event of their surviving the experiments. As a

matter of fact, Romberg explicitly states that he saw the “Himmler

letter” and he was able to observe the words “criminal” and “volunteer”

therein. (_Tr. p. 6870._)

The assertion on the part of the defendants that Himmler had ordered

that the criminals used be volunteers is ridiculous and incredible when

one considers that Himmler instructed Rascher to pardon these

unfortunate inmates only if they could be recalled to life after having

been subjected to the type of experiments outlined in Rascher’s first

interim report, wherein it is shown that the experimental subjects had

stopped breathing altogether and their chests had been cut open, i. e.,

autopsy had been actually performed on them. (_1971-A-PS, Pros. Ex.

49._)

In this instance, Himmler graciously stated:

“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.” (_1971-B-PS, Pros. Ex. 51._)

It is absurd to give any weight to the allegation that Himmler provided

that the subjects were to be volunteers. These men knew that volunteers

could not be secured and that was the very reason for going to Himmler.

This is shown in the letter from Rascher to Himmler requesting that

criminals be made available due to the fact that “nobody is

volunteering.”

The defendant Ruff admitted on the stand that the experiments conducted

on themselves and colleagues in Berlin concerned altitudes up to 12,000

meters and that the question of what would happen between 12,000 and

20,000 meters was subsequently investigated at Dachau. (_Tr. p. 6679._)

It is obvious, therefore, that Ruff, Romberg, Weltz, and Rascher were

unwilling to perform such investigations on themselves.

The evidence has proved that the subjects used in the high-altitude

experiments were not, with a few minor exceptions, volunteers. The

inmates were simply selected at random in the camp and forced to undergo

the experiments. Russians, Poles, Jews of various nationalities, and

Germans were used. Russian prisoners of war were included, as were many

political prisoners. Approximately 180 to 200 inmates were experimented

on, about 70 to 80 being killed as a result. Not more than 40 of these

had been “condemned to death.” Among those killed were political

prisoners. (_Tr. pp. 613-18_; _also Tr. p. 432_.) This testimony of

Neff, who was the inmate assistant in the experiments and who identified

Ruff, Romberg, and Weltz, is corroborated by Rascher’s cable asking if

Himmler’s amnesty rule applied to Russians and Poles who had been

extensively used in the experiments. (_1971-D-PS, Pros. Ex. 52._) The

nationality and status of inmates were easily discernible from the

badges worn on their uniforms. Ruff and Romberg could have told from

these that foreign nationals and political prisoners were being used.

(_Tr. pp. 616-7._)

The witness Neff’s testimony reveals that approximately 10 prisoners

were selected as permanent, experimental subjects, but they were not

volunteers. (_Tr. pp. 611, 622, and 430._) There were, however, a few

“volunteers” according to Neff. He stated that “there were certain

volunteers for these experiments, because Rascher promised certain

persons that they would be released from the camp if they underwent

these experiments.” (_Tr. p. 614._) Neff clearly pointed out that in

view of the way the prisoner subjects were selected and used it was not

possible to know who were volunteers, if any, and who were not

volunteers. (_Tr. pp. 606-26._) They were not brought in and used as a

separate group. Moreover, the evidence shows that these promises were

not kept. (_Tr. p. 615._) The only evidence of a release is the case of

Sabota, as outlined by Neff, and in that case he was sent to an

undesirable special SS commando group. No death sentences were commuted.

The defense claims for Ruff and Romberg that the experiments at Dachau

were divided into two groups. The first group, the so-called

Ruff-Romberg-Rascher experiments, was noncriminal, while the second

group, the Rascher experiments, encompassed all the crimes. They contend

that the Ruff-Romberg-Rascher experiments were conducted independently

of the Rascher experiments and that the 10 original subjects mentioned

by Neff and Vieweg were used exclusively for the Ruff-Romberg-Rascher

experiments. Despite the testimony of the witnesses and the weight of

the documentary evidence, they would have the Tribunal believe that by a

wondrous working of fate these were all volunteers and no crimes

occurred. This defense is of course inapplicable to Weltz. Rascher was

subordinated to and subject to his orders.

It should be noted that Romberg and Rascher who tested themselves in the

altitude chamber at Dachau with an air pressure equivalent to 12,500 and

13,500 meters altitude respectively, for 30 to 40 minutes, discontinued

these experiments on themselves because of intense pain. (_NO-402, Pros.

Ex. 66._) Yet, these men proceeded, as proved by their own joint report,

to conduct experiments on prisoners which they would not perform on

themselves.

The experimenters took no responsibility or even interest in seeing to

it that the alleged promises made to the subjects to induce them to

“volunteer” were kept. (_Tr. p. 6993._) Although Romberg said he had no

channel to Himmler, he also admitted he visited Himmler with Rascher in

July 1942. (_Tr. pp. 7015-6._)

In this connection, we must consider the convenient line of the defense.

By limiting the Ruff-Romberg-Rascher experiments to the 10 subjects, we

find that they further allege that no deaths occurred in those

experiments as opposed to a considerable number of deaths in the Rascher

work. But the witness Neff, in describing the first day of the

experiments, emphatically stated that the first series of experiments

_was not carried out on volunteers_. Furthermore, the defendant Ruff was

also present during these experiments. (_Tr. p. 622._) The defendants’

contention that the experiments were in two groups is _explicitly

denied_ by Neff. He testified that Romberg not only experimented with

Rascher on the original 10 subjects, but also on a large number of other

prisoners. The distinction fabricated by the defendants cannot possibly

be credited in the light of Neff’s testimony. On being asked the

question whether Romberg experimented only on the 10 original subjects,

Neff replied:

“Experiments were conducted not only with these ten persons but,

for example, in a series of experiments which Romberg also

conducted on a large number of other prisoners. The distinction

which the defense counsel tries to make between experiments

included in the report to the Luftgau or of death—it is

impossible for me to make this distinction and to distinguish

between those which fell into one category or the other.” (_Tr.

p. 691._)

Which is to be believed, the testimony of Neff, plus one’s common sense,

or the self-serving statements of the defendants? This is a question the

Tribunal must answer. There is no such thing as half a murderer. These

defendants are responsible for those murders or they are not

responsible. There is not one scintilla of evidence to support the

ridiculous contention that a group of volunteers, segregated for use by

Romberg, wore different colored shirts so he could tell them apart and

were treated with the greatest deference. But that is just what Ruff and

Romberg ask the Tribunal to find. It is absolutely impossible in the

face of the record.

This, alleged disassociation of Ruff and Romberg from the “crimes

committed exclusively by Rascher” is in complete contradiction to the

acts of these defendants during the experiments, which after all speak

much louder than their present testimony. Neff testified that Romberg

personally witnessed at least five deaths during the experiments, and

that he made no effort to stop them nor did he even protest after the

event. (_Tr. p. 619._) Romberg admitted seeing three deaths and that he

knew that five to ten other murders took place in his absence. (_NO-476,

Pros. Ex. 40._) The first death Romberg saw, he said, occurred in April.

He reported this to Ruff. _Yet the experiments were not discontinued._

They went on to the end of June and still more deaths occurred which

Romberg saw. _To say the least of it, these defendants made themselves a

party to murder by continuing the experiments._ This is true no matter

how innocent they may have been up to the first death. They were duty

bound to stop the experiments immediately, remove the chamber, and force

a court martial of Rascher. They did none of these simple and obvious

things. They did not for the very reason that deaths were expected from

the very beginning and were a part of the experimental plan. Romberg saw

these men die and did absolutely nothing. It was within his power to

save them at the time. He said he was operating the electrocardiograph.

He knew precisely by their heart action when the subjects were in danger

of dying. He also knew this from his knowledge of reaction to high

altitudes. He could see and read the pressure gauges. He could have

turned the pressure down and saved their lives by simply moving the

gauge which was within arm’s reach. He was a bigger man than Rascher.

Force could have been used if necessary. Not only did he do nothing

while the helpless victims died before his very eyes, but he assisted in

the autopsies.

After all these murders had occurred and were known to them, Ruff and

Romberg still went on. They issued a joint report on the experiments in

the name of Ruff, Romberg, and Rascher in July 1942. (_NO-402, Pros. Ex.

66._) They were still collaborating with this admitted murderer and gave

him the cover of their scientific reputation. Romberg received a medal

for his work in the experiments on the recommendation of Rascher.

(_1607-A-PS, Pros. Ex. 65._) Romberg was still supporting Rascher in

September 1942 and was to have made an oral report to Milch on the

experiments with Rascher. He wrote a memorandum on Rascher’s behalf

explaining that the report was not given because Milch was unable to

receive them at the scheduled time. This same memorandum, signed by

Romberg, proves that _he was anxious to continue high-altitude

experiments with Rascher and asked for Milch’s permission_.

He wrote:

“Oberstarzt Kalk stated that he was willing to report to the

State Secretary (Milch) our wishes concerning the distribution

of the report and the continuation of the experiments. * * *

Oberstarzt Kalk had transmitted, still on 11 September, our

wishes concerning distribution and confirmation of the

experiments to the State Secretary. The State Secretary had

approved the distribution schedule, and said that a continuation

of the experiment was not urgent.” (_NO-224, Pros. Ex. 76._)

In the meantime, the murderous freezing experiments had been started

with the Luftwaffe team of Holzloehner, Finke, and Rascher. Ruff,

Romberg, and Weltz all heard the report of those experiments in

Nuernberg in October 1942. (_NO-401, Pros. Ex. 93._) Hippke himself

wrote his special thanks to Himmler on 8 October 1942, and said: “When

the work will need once more your sympathetic assistance, may I be

allowed to get in touch with you again through Stabsarzt Dr. Rascher?”

(_NO-289, Pros. Ex. 72._)

* * * * *

_Analysis of the Experiments_

The experiments at Dachau in the field of high-altitude research were

conducted to determine human reactions to altitudes above 12,000 meters.

The defendant Romberg stated that four series of experiments were

conducted (_a_) slow descent without oxygen, (_b_) slow descent with

oxygen, (_c_) falling without oxygen, and (_d_) falling with oxygen.

(_NO-476, Pros. Ex. 40._) The first two tests were designed to simulate

descent with parachute open while the latter two a free fall from an

airplane before the parachute opens. As pointed out in Dr. Rascher’s

first interim report on the experiments, an additional problem was to be

solved, namely, the determination whether the theoretically established

norms pertaining to the length of life of human beings breathing air

with only a small portion of oxygen and subjected to low pressure

correspond with the results obtained by practical experience. This

interim report of Rascher’s states as follows:

“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 (Versuchsperson-VP) 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 of this type

were carried out in which none of VP died. 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 days.

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 VP’s

otherwise it would not be possible to exercise the rigid control

so extraordinarily important for practical purposes._” [Emphasis

supplied.] (_1971-A-PS, Pros. Ex. 49._)

Thus, it is clear that the experiments were planned and executed with

the _intention_ that some were to terminate fatally. This report covered

the period up to the first week in April and mention of deaths and

autopsies is made. This quite obviously was the instance when Romberg

says he saw his first death and autopsy, although he tends to place the

date as the latter part of April. (_NO-476, Pros. Ex. 40._) If the

experiments had been stopped there the lives of many subjects would have

been saved.

The defendants argue that, while the experiments may have killed

persons, they did not involve torture and pain. This is on the theory

that the subjects lost consciousness before any sensation of pain. This

anomalous defense is completely disproved by the photographic exhibits

showing the expressions of pain of the subjects. (_NO-610, Pros. Ex.

41._) as well as the defendants’ own report on the experiments.

(_NO-402, Pros. Ex. 66._) The reaction of one subject was described in

terms such as “severe altitude sickness, spasmodic convulsions”. In a

self-experiment by Romberg and Rascher, the latter’s reactions were

described as follows:

“After 10 minutes stay at this altitude, pains began on the

right side with a spastic paralytic condition of the right leg

which increased continually as though Ra’s [Rascher’s] whole

right side were being crushed between two presses. At the same

time there were most severe headaches as though the skull were

being burst apart. The pains became continually more severe so

that at last the discontinuation of the experiment became

necessary.” (_NO-402, Pros. Ex. 66._)

There is no case on record where an experiment on an inmate was

discontinued because of pain.

Ruff and Romberg take the position that they would be most unwilling to

kill prisoners in the course of an experiment. They insist that their

experiments with Rascher were concerned with the problem of explosive

decompression and on parachute descent from high altitudes, whereas

Rascher alone worked on sojourn or a more prolonged stay at high

altitudes, and that it was in Rascher’s experiments that prisoners were

killed. This again is the artificial division of the experiments into

the criminal and noncriminal which has already been proved to be

spurious. But here again, the two self-experiments which Ruff, Romberg,

and Rascher included in their joint final report as mentioned above

_were experiments on prolonged stay at high altitude, a subject which

they now claim was exclusively Rascher’s_. The only reason that this

experiment did not end fatally was the fact that it was interrupted in

time because of intense pain. Moreover, on page 11 of the final report

by Ruff, Romberg, and Weltz the following is said: “This is worthy of

special attention because in this case a person has fully recovered

mentally at an altitude of 8.3 km. (27,230 ft.), after 3 minutes of the

most severe lack of oxygen, _while in altitude endurance experiments_ at

this altitude severe altitude sickness sets in after about 3 minutes.”

[Emphasis supplied.] (_NO-402, Pros. Ex. 66._) Here, again, it is proved

from their own report that Ruff and Romberg, as well as Rascher, were

concerned with sojourn at high altitudes.

Experiments, in which prisoners were killed, are reported in Rascher’s

report to Himmler of 11 May 1942. (_NO-220, Pros. Ex. 61._) Some

prisoners were killed by keeping them at 12,000 meters without oxygen

for 30 minutes; one was killed at 20,000 meters when exposed there for

about 6 minutes without oxygen. These prisoners were autopsied to

ascertain if bubbles of gas, called air embolism in Rascher’s report of

11 May 1942, were present in the blood vessels of the brain and other

organs when dissected under water. Some “Jewish professional criminals”

who had committed “Rassenschande” (race pollution)[18] were killed for

another reason:

“To find out whether the severe psychic and physical effects, as

mentioned under No. 3, are due to the formation of embolism, the

following was done: After relative recuperation from such a

parachute descending test had taken place, however before

regaining consciousness, some VP’s were kept under water until

they died. When the skull and the cavities of the breast and of

the abdomen had been opened under water, an enormous amount of

air embolism was found in the vessels of the brain, the coronary

vessels and the vessels of the liver and the intestines, etc.”

(_NO-220, Pros. Ex. 61._)

It should be noted that these murders were committed in connection with

the _parachute descending tests_, not prolonged stay at high altitudes,

and this was the very subject being studied by Ruff and Romberg. Romberg

testified that he was present at the death of three of these prisoners,

one in April and two in May 1942, and witnessed an autopsy of one, in

which gas bubbles were present in the blood vessels of the brain. He

reported these deaths to Ruff. (_NO-476, Pros. Ex. 40._) Neff testified

Romberg was present in five cases where fatalities occurred (_Tr. pp.

619, 692._) and Romberg admitted that he knew that five to ten other

experimental subjects were killed while he was not present. (_NO-476,

Pros. Ex. 40._) Neff stated that Romberg actively participated in the

majority of the experiments. He observed the experiments, took notes,

and studied the electrocardiogram and thus was able to determine when an

experimental subject in the chamber was about to die. (_Tr. p. 651._)

It is incredible that Dr. Ruff was not informed regarding the finding of

bubbles in the blood vessels of the brain since such observations in

human beings who have died following too rapid atmospheric decompression

is a very, very unique event, though bubbles had been observed many

times prior to 1942 in the blood vessels of laboratory animals. It is

inconceivable that Dr. Ruff, or anyone else in the field of aviation

medicine, had not heard of the bubble theory of the cause of joint

pains, coughing, blindness, or paralysis, or the symptoms of the

pressure drop sickness, which may occur on exposure to high altitude,

since this theory was well known in literature and text books of

aviation medicine available since 1938. How else would Rascher have had

occasion to look for the bubbles? He either learned of the theory during

a course in aviation medicine or was told about it by Ruff and Romberg,

who knew much more than Rascher about aviation medicine.

It is fantastic that Ruff, Romberg, and Rascher did not have in mind the

observations of bubbles in the blood vessels of the murdered prisoners,

when, in the final joint report of 28 July 1942, they wrote:

“In spite of the relatively large number of experiments, the

actual cause of the severe mental disturbances and bodily

failures (paralysis, blindness, etc.) attendant upon

post-hypoxemic twilight state remains something of a riddle. It

appeared often as though the phenomena of pressure drop sickness

had combined with the results of severe oxygen lack”. (_NO-402,

Pros. Ex. 66._)

It has been the theory for some time that the symptoms associated with

decompression or pressure-drop sickness may be due to the formation of

gas bubbles (air embolism) in the blood vessels of the brain or in the

regions of the joints or in the blood vessels of the lungs. When the

bubbles collect in the blood vessels of the brain, they are supposed to

cause a physical or mental disturbance or paralysis. When the gas

bubbles collect in the region of the joints, they are supposed to cause

pain in the region of the joints. When the bubbles collect in the blood

vessels in the lungs, they are supposed to cause the chokes or attacks

of coughing. That has been a theory that has been held for some 15 or 20

years, and an expert in the field of aviation medicine could not have

been unaware of it. (_Tr. pp. 9098-9._) Since Rascher had observed

bubbles as is described in his report of 11 May 1942, and since Ruff and

Romberg had complete knowledge of the deaths, obviously these important

findings of Rascher on air embolism did not escape the attention of Ruff

and Romberg. It can only be concluded that these findings, which

resulted from intentioned deaths, form the basis of the paragraph quoted

above from the final report. Because of the nature of the subject

matter, and a prior knowledge of the observations in the autopsies in

the experiments, the ideas expressed in the paragraph quoted above

cannot be separated from those in the Rascher report of 11 May. So

testified the expert witness Dr. A. C. Ivy. (_Tr. p. 9151._) All of this

proves again that the testimony of Ruff and Romberg to the effect they

had nothing to do with the so-called “Rascher experiments” is completely

false. Even though deaths are not specifically mentioned in the joint

report of 28 July, it is clear from Dr. Ivy’s testimony that the

findings in the death cases form the basis for a part of that report.

Ruff and Romberg would have the Tribunal believe that the experiments

were completed and the chamber removed from Dachau by 20 May 1942. Since

Romberg knew of and reported on the deaths to Ruff in April, there

clearly was no excuse whatever to leave the chamber in Dachau for even

another day. But according to their own story, it stayed until 20 May

and Romberg saw two more men killed. They attempted to gloss over their

criminal participation in these later murders by saying that the chamber

could not be moved without orders from the Luftwaffe Medical Inspector.

Be that as it may, such a technical violation of moving the chamber

without orders is hardly comparable to the crime of leaving the chamber

for further experiments by a man whom they admit they knew to have been

a murderer. Indeed, any decent superior who was not himself a party to

the crime, as they actually were, would undoubtedly have court-martialed

Ruff and Romberg for leaving the chamber there, not to speak of Rascher.

But it is not true that the chamber left Dachau on 20 May 1942 as they

perjuriously stated. They seized upon this date from Milch’s letter to

Wolff stating that the chamber was needed elsewhere. (_343-A-PS, Pros.

Ex. 62._) There clearly was an intention to transfer the chamber, but it

was _not_ in fact moved and this was undoubtedly due to the joint

efforts of Ruff, Romberg, and Rascher. Romberg was anxious to continue

his criminal work with Rascher in September 1942 as has been pointed out

above. In any event, on 4 June 1942, Milch authorized retention of the

chamber in Dachau _for two more months_. (_NO-261, Pros. Ex. 63._) On 25

June this order was passed on to Rascher by Heckenstaller, adjutant to

Wolff, reference being made to a letter of 5 June from Rascher.

(_NO-284, Pros. Ex. 64._) These documents prove beyond doubt that the

chamber remained in Dachau until July 1942.

The testimony of Neff not only proves that the experiments continued

until July 1942 but also that Romberg was presented with a remarkable

opportunity to discontinue the experiments without any trouble whatever.

Neff stated that Romberg told him in the latter part of May that the

chamber was to be transferred (undoubtedly as a result of Milch’s letter

of 20 May which was later countermanded) and, under the impression that

Romberg might not be in favor of any continuation of the experiments, he

sabotaged the chamber by breaking a glass barometer in order to make

sure the chamber would be sent away. Instead of seizing this opportunity

for stopping the experiments by removing the damaged chamber, Romberg

rushed to Berlin, obtained spare parts, and in a matter of 2 weeks had

the chamber functioning again for more murderous experiments. (_Tr. pp.

623-4._) The chamber was used for another 3 weeks after it was repaired

and five persons were killed on the last day of the experiments. (_Tr.

p. 624._) Although the defense attacked Neff on cross-examination

concerning the sabotage of the chamber (_Tr. p. 663_), by the time

Romberg took the stand they admitted the chamber was damaged but moved

the whole incident to the month of May instead of June. (_Tr. p. 6905._)

This was obviously done on the theory that the Tribunal could be

deceived into believing that very few experiments could have been

conducted in May since they contend the chamber was moved on 20 May. But

the documents and Neff’s testimony clearly established that the chamber

was there until July. Moreover, it matters little whether the chamber

was damaged in May or June. Romberg in no event took the opportunity to

stop the experiments on the ground of unavailable spare parts, although

this opportunity would not have been needed if he really wanted to

discontinue them. He need have done nothing more complex than to have

sent the chamber away or left himself.

Ruff’s and Romberg’s guilt is beyond doubt when we consider that they

did not take the opportunity to withdraw after the first death of an

experimental subject in April 1942. Romberg admitted his presence at the

death of this first subject. (_Tr. p. 6924._) He was studying the

electrocardiogram at the time of the experiments (_NO-476, Pros. Ex.

40_), but he would have the Tribunal find that he was an innocent

bystander who was privileged to do nothing. This was just another “SS

experiment” according to Romberg. But Romberg admitted that he was

working the electrocardiogram and was studying the point of light that

follows the heart. When he saw that the critical point had been reached,

he said he spoke to Rascher (_Tr. p. 6927_), but to no avail as Rascher

continued the experiment until death resulted. This testimony of assumed

impotence when a man was slowly killed before his eyes is an insult to

one’s intelligence. Romberg was the senior scientist and was fully aware

of the fact that the danger zone had been reached as he was thoroughly

familiar with the equipment being used. He has outlined for the Tribunal

the proximity of the electrocardiogram to the controls of the chamber

(_Tr. p. 6929_), and it is inconceivable that Romberg could not have

taken the necessary action to have spared this experimental subject’s

life if he had so desired. The inescapable fact is that these deaths

were part of the plan and Romberg not only had no desire to interfere

but was very much interested in the cause of death through air embolism.

Assuming that Romberg was opposed to this fatal experiment, it is

impossible to understand why he did not take the appropriate action to

have Rascher prosecuted for this premeditated murder. The fact of the

matter is that Romberg merely reported this death to Ruff (_Tr. p.

6932_), and no appropriate action was taken by Ruff either. Although

alleging an objection to this fatality, Romberg admits participation in

the autopsy of the unfortunate victim. This autopsy clearly bore out the

fact that air embolism was the cause of death. When asked if he

participated in this autopsy, Romberg answered, “Yes, I watched one

autopsy. That was my duty.” (_Tr. p. 6924._) Romberg testified that he

saw two other deaths and that air embolism also caused those. (_Tr. pp.

6925-6._)

Ruff and Romberg lay great stress on the point that deaths are not

mentioned in the joint report of 28 July 1942 of Romberg, Ruff, and

Rascher. This, of course, is a very understandable omission, but it in

no way proves that they are not responsible for those murders. Indeed,

the joint report of 28 July 1942 (_NO-402, Pros. Ex. 66_) is identical

with Rascher’s report of 11 May 1942 (_NO-220, Pros. Ex. 61_) except for

the specific mentioning of the deaths. For example, paragraph 3 of the

Rascher report is a summary of part III-1, pages 3 to 18, and part

III-2, pages 18 to 19 of the joint final report. Paragraph 4 of

Rascher’s report contains results set out in part III-4, pages 21 to 22,

of the joint final report. Paragraph 5 of Rascher’s report is identical

with part III-3, pages 19 to 21, of the joint final report. Paragraph 6

of the Rascher report where the pervitin experiments are mentioned is

alluded to in the pervitin data in the joint final report on page 18.

Paragraph 7 of the Rascher report contains the conclusions incorporated

in the joint final report and gives details on the gas bubble data which

are referred to on pages 16 to 18 of the joint final report, but from

which is omitted reference to the autopsy results of the murdered

prisoners. These various passages were compared by the witness Ivy and

he concluded that they refer to the same subject matter. (_Tr. p.

9097._)

Ruff attempts to explain the omission of mention of deaths in the final

report on the ground that the deaths did not occur as a result of their

experiments on rescue from high altitudes (i. e., parachute descending

tests), but rather in Rascher’s own experiments with which they had

nothing to do (i. e., prolonged stay at high altitudes). (_Tr. p.

6592._) It has already been proved that the basic premise to this

spurious argument is completely false, since Ruff and Romberg themselves

were not interested in sojourn at high altitudes. The self-experiments

of Romberg and Rascher were just such tests and they are specifically

mentioned in the final report. These involved a stay of 30 to 40 minutes

at altitudes between 12 and 13.5 kilometers (39,400 to 44,290 feet). But

so also is the minor premise wrong. _Deaths were deliberately brought

about in the course of the parachute descending tests._ In these tests

it had been noted that the subjects suffered from spasmodic and clonic

convulsions together with paralysis. This is reported in paragraph 3 of

Rascher’s memorandum of 11 May 1942 on the experiments and also on pages

13 through 18 of the final report. In his memorandum, Rascher stated:

“To find out whether the severe psychic and physical effects, as

mentioned under No. 3, are due to the formation of embolism, the

following was done: After relative recuperation from such _a

parachute descending test_ had taken place, however before

regaining consciousness, some VP’s were kept under water until

they died. When the skull and the cavities of the breast and of

the abdomen had been opened under water, an enormous amount of

air embolism was found in the vessels of the brain, the coronary

vessels, and the vessels of the liver and the intestines, etc.”

[Emphasis supplied.] (_NO-220, Pros. Ex. 61._)

_This proves beyond any doubt that murders were committed in the

parachute descending tests of Ruff, Romberg, and Rascher._ Ruff again

tried to deceive the Tribunal by testifying that it was substantially

impossible for air embolism to form in parachute descending tests. This

is obviously disproved by the statement of Rascher quoted above and by

the reference in the final report, already mentioned above, which

alludes to this same problem. But the lie was also squarely nailed by

the expert witness Ivy, who testified that it was possible for air

embolism to form in subjects who were at altitudes above 12,000 meters

(39,400 feet) only 3 minutes, that is to say, subjects who bailed out at

15,000 meters. Bubbles may form as low as 30,000 feet. (_Tr. p. 9102._)

Thus, the defense that no deaths occurred during the experiments

concerning rescue from high altitudes is completely spurious.

Moreover, it should be noted that while the joint final report does not

describe any of the death cases, it also _does not deny_ that deaths

occurred. On page 25 of the original, it says: “In conclusion, we must

make it particularly clear that, in view of the extreme experimental

conditions in this whole experimental series, no fatality and no lasting

injury _due to oxygen lack occurred_.” (_NO-402, Pros. Ex. 66._) The

deaths described in Rascher’s report quoted above _were not due to lack

of oxygen_ but were deliberate killings to investigate air embolism.

But even the experiments which Ruff, Romberg, and Weltz admit were

planned and performed under their responsibility were highly dangerous

to the life and health of the subjects. Both Ruff and Romberg agreed

that 12,000 meters was the upper limit of safety and that experiments of

the type they performed above that altitude were hazardous. The

description of the reaction of the subjects as set forth in the final

report proves that the subject suffered severe convulsions and prolonged

periods of disorientation. The expert witness Ivy pointed out that the

experiments described in the final report of Ruff, Romberg, and Weltz

were highly dangerous for the following reasons:

“I consider them to be dangerous because of the prolonged period

of unconsciousness to which the subjects were exposed. For

example, they were unconscious for periods of around twenty

minutes, and they were disoriented for periods of around thirty

to ninety minutes. That is a dangerous period of oxygen lack to

which to expose the brain. I agree that * * * the

electrocardiogram demonstrates that the heart of these subjects

was not momentarily affected or significantly affected by this

prolonged exposure to oxygen lack. But these experiments do not

show, or the results do not show that the cells of the brain

were not injured. One of the higher faculties of the brain is

learning, and we know that the learning process is rather

sensitive to oxygen lack, and the only way to check against the

possibility of damage of the learning mechanism by prolonged

exposure to oxygen lack would have been to have determined the

I. Q. of these subjects or the ability of these subjects to

learn before and after the subjects were exposed to such a

prolonged period of oxygen lack.” (_Tr. p. 9036._)

Dr. Ivy testified that the experiments described in the final report had

reached the physiological limit and that work was being done in a very

dangerous and hazardous zone as far as the welfare of the experimental

subjects was concerned. He said that he should be reluctant to perform

such experiments even on himself and that he would prefer to depend upon

that degree of accuracy which could be obtained from calculations of the

results of animal experiments. (_Tr. pp. 9081, 9112, and 9197._)

Finally it should be noted that the experiments were neither necessary

nor a scientific success. “Necessity of the State” has been much used by

the defendants as if it were a defense. This is clearly unfounded even

though necessity, military or otherwise, be assumed. It is to be

supposed that each defendant _thought_ there was some necessity to what

he was doing. This is no defense. Rascher thought the same thing. It was

deemed necessary to incarcerate hundreds of thousands of persons in

concentration camps. It was deemed necessary to murder millions of Jews.

The slave labor policy was bottomed on necessity. If that is a defense,

then these trials lose all meaning. But, on the other hand if it is

proved that these experiments were not necessary, not of scientific

value, then it makes the guilty even more guilty. The brutal sacrifice

of human life was to no avail. And such was the case here. Hippke, Chief

of the Medical Service of the Luftwaffe, when writing his thanks to

Himmler on 8 October 1942 said the following:

“It is true that no conclusions as to the practice of

parachuting can be drawn for the time being, as a very important

factor, namely, 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.” (_NO-289, Pros.

Ex. 72._)

When asked his opinion concerning the necessity for the typical

experiment described on page 13 of the final report of Ruff, Romberg,

and Rascher, the witness Ivy testified:

“I do not believe that it was necessary to do this experiment in

order to determine the equipment to supply aviators who have to

bail out of an airplane at high altitude.” (_Tr. p. 9035._)

The witness Ivy stated further that the information which was obtained

by these experiments on concentration camp inmates could have been

obtained from animals as indicated by the results of Lutz’ and Wendt’s

animal work referred to in the final report. The differences in the

reactions of human subjects and animals, as reported by Lutz and Wendt,

were not sufficient to warrant the carrying out of these hazardous

experiments on human beings. (_Tr. p. 9036._)

* * * * *

c. Selections From the Argumentation of the Defense

_EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT RUFF_[19]

* * * * *

Certainly Dr. Ruff gave his agreement and approval to high-altitude

tests with a low-pressure chamber of the Reich Air Ministry being

performed by his collaborator of many years, Dr. Romberg, together with

Stabsarzt Dr. Rascher, in a concentration camp, using concentration camp

inmates as experimental subjects. He agreed after the performance of

urgent experiments in the Dachau concentration camp had already been

agreed upon in principle and approved by Professor Dr. Hippke and

Professor Dr. Weltz.

Therefore, the question arises whether these high-altitude experiments

were already illegal for the reason that they were performed on

concentration camp inmates.

This question must be denied for only such inmates were used for the

experiments as had volunteered for them, or who at least were regarded

by Ruff as volunteers and could be regarded as such in view of the whole

situation, and no one could reproach him for having erred in this

respect because other persons had perhaps deceived him about these

facts.

There are, however, some witnesses who apparently maintain that the

prisoners used in the Ruff-Romberg experiments were not volunteers.

Above all the witnesses Vieweg and Neff are of this opinion.

During his direct examination on 13 December 1946 the witness Vieweg

mentioned a series of various experiments which were performed at the

Dachau concentration camp. Referring in particular to the high-altitude

experiments there, which alone can be considered in the indictment

against Dr. Ruff, he states firstly that high-altitude experiments with

the low-pressure chamber were performed on 10 patients; “for these

experiments frequently patients and also male nurses were used who

during the experiments were seen in the corridor of the adjacent

hospital ward.”

By this Vieweg apparently wanted to point out that these “patients” and

“also the nurses” were not volunteers. These 10 “official experimental

subjects” had been well fed and supplied with smokes, but in addition to

these 10 so-called “exhibition patients”, a large number of people had

been selected from the camp who were again and again sent to the

high-altitude experiment institute. That happened to a block leader who

probably had pneumonia a few hours later and ended in the sick bay

mortuary. The same happened in the malaria department of the witness

Vieweg. One day a patient who had some differences with Zill, the leader

of the camp, concerning protective custody, was sent to the experimental

institute, and he (Vieweg) found him in the mortuary the next day. He

(Vieweg) knows by hearsay that, “a great number of patients who took

part in these experiments died, and ended up in the sick bay mortuary.”

(_German Tr. p. 476._)

Between the lines of this rather obscure and vague statement one may

read that, according to Vieweg’s statement, these further experimental

subjects, and especially those who had died during the experiments, did

not belong to the 10 “official experimental subjects” and had not been

volunteers. However, in the direct examination by the prosecution the

witness Vieweg did not express himself explicitly about this alleged

compulsion of the so-called experimental subjects.

During the cross-examination by the defense counsel of Dr. Romberg, the

witness Vieweg explained his expression, the “10 exhibition patients”.

(_German Tr. p. 485._) The 10 selected patients who were used for the

high-altitude tests had been accommodated in a special room and had been

well nourished; they had been exhibited, and they had been presented to

Himmler during one of his visits. Himmler made them big promises; if

they survived, they would be set free * * * these 10 patients had been

drawn into the experiments * * * they had told him (Vieweg) that they

were very exhausted by the whole affair, but as far as he could remember

“they all survived” (_German Tr. pp. 486, 489_). On being questioned the

witness Vieweg repeatedly stated (_German Tr. pp. 486, 487, 489_), that

as far as he could remember Dr. Rascher had carried out the experiments

himself. The only thing Vieweg could state about participation of

“Luftwaffe officers” in these high-altitude experiments, was that some

Luftwaffe officers “had also been there”. But he could not say anything

about the actual participation of the Luftwaffe officers. From the

description on page 501 (German Transcript) these two gentlemen of the

Luftwaffe certainly were not identical with Buff and Romberg. He himself

(Vieweg) had only talked with these 10 official experimental subjects,

the so-called “exhibition patients”, but not with any of the other

experimental subjects. He himself had never observed that these other

prisoners were used for high-altitude tests, but he had been told about

it frequently. Vieweg repeatedly stated that the 10 official

experimental subjects had still been alive at the end of the experiments

(_German Tr. p. 489_), that no deaths had occurred among them.

So much for the statement of the witness Vieweg. It is, of course,

unreliable because it does not establish a clear distinction between the

high-altitude experiments authorized by Ruff and carried out with the

cooperation of Dr. Romberg, and other experiments in the low-pressure

chamber which Rascher undertook by order of Himmler, without the

authorization or previous knowledge of Dr. Ruff and without the

cooperation of Dr. Romberg. This distinction, which is of decisive

importance in judging this case, only appears in Vieweg’s statement

insofar as the 10 official experimental subjects (the so-called

“exhibition patients”) were exclusively used for the first experiments

(Ruff-Romberg-Rascher), whereas other prisoners were used for the other

experiments (by Rascher alone). Of course, the significance of this

distinction was not clear to Vieweg at that time and could not be

observed by him because Vieweg did not know anything at all about Dr.

Ruff’s activity and since he did not know anything at all about the

agreements which had been reached between Dr. Ruff and Dr. Rascher.

Apart from these obscurities one has to regard the statement of the

witness Vieweg with the greatest reserve for another reason. Vieweg is

the witness who, with unusual unscrupulousness, committed plain perjury

in the sessions of 13 and 16 December 1946. He tried first (_German Tr.

p. 474_) to give the impression that he had been sent to the

concentration camp without any reason, that he had been committed for

“political protective security”. This representation of the witness

Vieweg is completely in accordance with his previous behavior, because

formerly he had generally pretended to be politically persecuted—an

innocent man who had been thrown into a concentration camp without ever

having learned the reason. Under this false pretense he offered himself

as witness for this trial, and because of this misrepresentation he was

presented as a witness by the prosecution whom he had deceived. However,

during cross-examination, Vieweg had to admit that in 1934 he was

sentenced to 4 and to 6 years’ penal servitude for forgery of documents

and fraud, that is to say for common crimes which, as a rule, have

nothing to do with politics. On repeated questioning the witness Vieweg

stated again and again (_German Tr. pp. 483 ff._) that he could not

remember having received any other previous conviction in addition to

those 4 and 6 years’ penal servitude. He insisted on this statement,

even though he had been repeatedly reminded that he was under oath. His

stereotype phrase was, he could not remember; he even emphasized that he

had deposed to this or that under oath (_German Tr. p. 484_), and he

continued to insist on his statement, even though he was told that his

previous convictions could be determined without difficulty since his

files had been sent for.

Now, let us compare the testimony given under oath with the list of

convictions of the witness Vieweg, which was submitted as Document Ruff

24.

Besides the 4 and 6 years of penal servitude which he admitted, the

witness Vieweg received in reality not less than 6 prison terms prior to

1934, among them 5 years’ penal servitude and 5 years’ loss of civil

rights for repeated grave thefts.

This extract from the penal register shows why the witness Vieweg had

such a “bad memory”. He never was politically persecuted, as he

pretended to be, but he is the type of incorrigible professional

criminal who could not be changed or educated even by the most severe

penalty. If anybody deserved to be sent to a concentration camp it was

this Vieweg. But even the 5 years he spent in the concentration camp did

not help. For now he is again in prison, in Bamberg, where charges were

brought against him on 5 March 1947 at the District Court for forgery of

documents and fraud, as well as for five cases of repeated theft, for

attempted abortion, for active bribery, and for black market dealings.

This incorrigible professional criminal allowed himself to be presented

here as a star witness for the prosecution against an honorable,

blameless citizen, as which Dr. Ruff emerged in the course of this

trial. Can the Court base its verdict on the statements of a person like

Vieweg, who on top of everything shamelessly lied to the Tribunal and

committed the worst possible perjury.

The other witness presented by the prosecution for the Dachau

experiments is Walter Neff.[20] He is at present in the Dachau camp for

war criminals and will soon have to stand trial himself before the

American Tribunal, for experiments in which he took an active part. This

witness Neff, who not only continuously participated in the successful

experiments of Dr. Romberg, but also in the inhuman freezing

experiments, in the deadly “severe experiments” of Rascher, and who

cooperated in many other cruelties, is, I think the last who should

appear as a witness against a man like Dr. Ruff, or condemn him.

Let us recall what this witness said about himself at the close of his

testimony. According to his own admission, he produced three prisoners

(a certain Robert Wagner, a prisoner named Hutterer, and a man named

Sammendinger) for deadly experiments, on his own initiative without

being ordered to do so. According to his own testimony, he delivered

these three people over to a violent death; he murdered them. It is

characteristic of his ethics that he even boasted of this act here in

the courtroom! (_German Tr. pp. 737-739._) That does not trouble his

conscience, as he himself declared under oath (_German Tr. p. 737_); he

is just the type of those inmates who, to quote his own words “were

often worse than the SS in their cruelty and brutality”. (_German Tr. p.

737._) That is the second witness who was presented against Dr. Ruff by

the prosecution. The one, an unscrupulous swindler, an incorrigible

habitual criminal, an old jailbird; and the other a murderer many times

over whose hands are stained with much blood—a murderer who boasts that

he has no conscience. Is the Court to lend credence to such people?

These witnesses quite obviously believed they would be able to elude the

hangman’s noose by saddling other defendants with untrue, fabricated

statements.

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 150 / 486 题