All those facts are a warning that Neff’s testimony, too, must be

regarded with considerable caution. At any rate, his testimony has a

certain importance for Dr. Ruff inasmuch as Neff (_German Tr. p. 652_)

confirms that Dr. Ruff was in Dachau only on one single occasion during

the high-altitude experiments. Thus the truth of Dr. Ruff’s own

testimony has been established. Furthermore, the witness Neff, states in

his testimony of 17 December 1946 that “10 prisoners, designated as

permanent experimental subjects, were taken to the station and told that

nothing would happen to them; they were especially assured of this”.

(_German Tr. p. 711._) The witness Neff then told of the killing of the

16 Russians who were sentenced to death and who were murdered by Dr.

Rascher. However, according to Dr. Neff, this act was carried out by Dr.

Rascher together with the two members of the SS, while Dr. Romberg was

not even present on that day. (_German Tr. pp. 654, 656._) Special

importance must be attached to the witness Neff’s further assertion

regarding a Jewish tailor who worked in the sick bay. Neff called Dr.

Romberg’s attention to the fact that this man was not sentenced to

death, and Romberg thereupon immediately went to Rascher with Neff in

order “to set matters straight”. Upon intervention by Dr. Romberg,

Rascher then actually sent the tailor back; when the accompanying SS man

again threatened the Jew, Rascher again intervened and “immediately had

the man (the tailor) brought to safety in the bunker”. (_German Tr. p.

655._) Again, in the case of a second inmate, a Czech, who wrongly and

without his consent had been brought in for the experiments, Dr.

Romberg, according to Neff’s report, intervened on behalf of the

prisoner, with the result that Dr. Rascher entered a complaint against

the criminal SS man with the camp commander, Piorkowski. Thereupon, the

SS man was immediately transferred to Lublin. In that way the Czech was

saved from certain death by Dr. Romberg.

This testimony of the witness Neff plays an important part in answering

the question whether or not the experimental subjects used were

volunteers, and also, what Dr. Romberg, and therefore Dr. Ruff, knew

about them and what Dr. Romberg’s attitude was toward this question. In

this connection, Neff said: “Romberg, Ruff’s deputy, therefore, did not

want any dangerous experiments. He tolerated no murder and considered

only experiments with volunteers.”

However, the further assertions of the witness Neff suffer from the same

shortcomings as those of the witness Vieweg; for Neff also did not know

that only part of the high-altitude experiments in Dachau were carried

out with the approval of Dr. Ruff and Dr. Romberg; nor did Neff have any

knowledge of the agreements made by the participating physicians, and he

therefore treated all high-altitude experiments equally, without

distinguishing whether or not Dr. Ruff had agreed to them that there

“were 180 to 200 inmates who participated in high-altitude experiments”

(_German Tr. p. 656_) and that “during the altitude flight experiments,

70 to 80 people lost their lives.” These figures may be correct, but

they refer to the whole of the Dachau low-pressure chamber experiments;

that is, they also include the experiments which Dr. Rascher made on his

own authority, without the prior knowledge of Dr. Ruff, and in which

alone all the fatalities occurred; while in the legitimate

experiments—that is, those approved by Dr. Ruff—no fatality occurred

at all. Of course, Neff could not know all this. As he said himself it

was impossible for him to distinguish “from whom the order came for the

individual experiment, and in whose interest the experiment was made.”

(_German Tr. p. 715._)

The same shortcoming is demonstrated by Neff’s testimony with regard to

the nationality of the experimental subjects (_German Tr. pp. 656, 657_)

and the manner of their “selection”. However, Neff’s testimony does show

that the selection of the experimental subjects was carried out in two

different ways: For the “_dangerous experiments_” Rascher ordered the

subjects through the local headquarters, and they were produced by the

SS; they were therefore people condemned to death (_German Tr. p. 663_),

for the “_serial experiments_”. On the other hand, and “for most of the

other experiments which took place, the people were brought to the

experimental station from the blocks, that is, from the camp” (_German

Tr. p. 657_) by the block leaders. (_German Tr. p. 663._) These “serial

experiments” were obviously the experiments approved by Ruff, and Neff

expressly establishes that “_volunteers reported for these

experiments_”! (_German Tr. pp. 657, 712._) He even gives the reasons

why the prisoners volunteered: As Rascher, and Himmler too, had promised

various inmates that, “if they, participated in the experiments, they

would be given a better labor assignment”, and as Himmler promised that

they might even be released, volunteers reported to Rascher on their own

initiative as he went through the camp, without any special efforts

being necessary to find volunteers (_German Tr. p. 657_).

There can be no doubt that these volunteers, estimated by Neff to number

about 10, are identical with the 10 “official experimental subjects” or

“exhibition patients” mentioned already by the witness Vieweg, and it is

noteworthy that Dr. Ruff, too, in his testimony always spoke of 10 or

12, or at the most 15 persons from the very beginning (of course he did

not count them himself), who were regularly called in for the

high-altitude experiments, and whom he saw himself when he was once

present to observe and check the experiments in Dachau. This number Dr.

Ruff had mentioned at a time when Neff’s and Vieweg’s testimony was not

yet available. He therefore could not have anticipated that these

witnesses would confirm his figures as correct.

To be sure, the witness Neff testified in another place (_German Tr. p.

666_) that the first 10 experimental subjects were not volunteers. But

this statement is obviously in direct contradiction to his other

testimony which, in the last analysis implied—and could not be

interpreted otherwise—that the so-called “10 official experimental

subjects” were those prisoners who had voluntarily offered themselves,

who were given all possible privileges in return, who were promised

rewards for their service by Rascher as well as by Himmler, and who were

repeatedly reassured that nothing would happen to them during the

experiments. This whole presentation would be incomprehensible if one

were to assume that these 10 persons were involuntary subjects as well,

that they were simply ordered to take part in the experiments, forced to

participate, for them all this would not have been necessary at all,

since at that time nobody in a concentration camp would have thought of

troubling himself about these people, if they had been forced against

their will to take part in the experiments.

In a concentration camp, according to the opinion of Himmler and his

men, 1,000 people were of no consequence. Therefore, if efforts were

made to obtain these inmates for the experiments, and to get them

willingly, if even a Himmler found kind words to say to them and

promised them rewards, then as we know today, this can only be explained

by the assumption that even in concentration camps, for some reason, it

was desirable to obtain voluntary subjects for the experiments and to

induce them to go through the experiments voluntarily. This assumption

is not refuted by the contrary assertion of Neff (_German Tr. p. 666_).

For 1½ days, during his examination on 17 and 18 December 1947, Neff did

not know that these first 10 experimental subjects had not been

volunteers. For 1½ days he did not dare to make such an assertion here

in the witness box, and only during the cross-examination did he finally

go so far as to make this assertion, thereby completely overthrowing his

previous statements.

This allegation of the multiple murderer Neff now stands, however,

completely isolated. There can be no doubt that, if these statements by

Neff were true, it would have been easy for the office of the public

prosecutor to produce numerous other witnesses who, likewise, had been

inmates of the concentration camp at Dachau, who had perhaps experienced

these experiments themselves, or who had spoken to subjects of these

experiments or had even observed the experiments. However, not a single

outsider, not a single incontestable witness has been produced, although

half a year has elapsed since the days when, here in the courtroom, one

could not fail to realize to what an unreliable and untrustworthy class

persons of the caliber of Vieweg and Neff belong. This fact very

strongly indicates that obviously no other witnesses are available, or

could be made available, who could confirm that the experimental

subjects who were used in the Ruff-Romberg altitude tests were not

volunteers. Let the fact be mentioned here, for the sake of comparison,

that in the case of the Gebhardt sulfanilamide operations for example,

half a dozen incriminating witnesses were brought from Poland and Russia

and were interrogated here as witnesses. Why was not a single

trustworthy witness produced from among the Dachau experimental subjects

and placed in the witness box? Because no one could be found, who could

confirm the untrue allegations of a Vieweg and a Neff. On the other

hand, during the trial, a whole series of persons who deserve a great

deal more belief than Vieweg and Neff affirmed with certainty that all

the experimental subjects in the Ruff-Romberg experiments were

volunteers, and that from the very beginning the indispensable condition

which was demanded and assured was that the subjects would be voluntary.

The witness Dr. Lutz for example, who was introduced by the office of

the public prosecutor and therefore recognized by it as a credible

witness, confirmed here on oath, “it was a tacit assumption that the

criminals would volunteer”; and he added that he could almost say that,

in a way, a favor was being conferred upon the criminals, because “they

were given a chance of pardon by participating in the experiments,” and

it is significant that this witness deposed further: “subsequently, we

were very much surprised when, probably during the later stages of the

experiments, as far as I recall now, no further mention was made of it,”

namely, of the fact that only volunteers were to be used for the

altitude experiments (_German Tr. p. 320_).

These depositions by the witness Dr. Lutz conform in every respect with

the general impression received from all the pertinent descriptions. At

first, only the altitude experiments approved by Dr. Ruff regarding the

problem of “rescue from high altitudes” were carried out. These

experiments were not dangerous as proved by their successful outcome;

the inmates volunteered for them. Gradually, however, Rascher misused

more and more the presence of the chamber in order to conduct his

arbitrary experiments on Himmler’s orders for entirely different

problems, namely, to conduct his notorious “difficult experiments” which

had numerous fatal results. These were Rascher’s more cruel, painful

experiments; naturally, no more volunteers reported for these because

word was passed quickly through the camp that the experiments which

Rascher himself conducted were dangerous, while the mere presence and

cooperation of Dr. Romberg gave assurance to the inmates that his

experiments were conscientiously conducted and were not dangerous.

Other witnesses also, not named by Dr. Ruff, have confirmed that the

experimental subjects for the Ruff-Romberg high-altitude experiments

were voluntary, namely, the witness Dr. Hielscher (_German Tr. pp.

6025-26, 6041, 6062_). Testimony on similar lines is given by the

codefendant Sievers (_German Tr. pp. 5471, 5881_); and Dr. Hippke

(_German Tr. p. 793_) “Prisoners who might volunteer”; (_German Tr. p.

795_) “these persons had to volunteer for the experiments.” Also the

witness Karl Wolff, (_Ruff 21, Ruff Ex. 20_) “volunteer concentration

camp inmates who were to be given compensatory privileges * * * the

inmates, about 10 in number, appeared quite relaxed and, in their turn,

willingly entered the low-pressure chamber which had been driven up * *

* the inmates reported to Himmler, in my presence, that in this manner

they could at least voluntarily * * * give a proof of their genuine good

will * * * I never learned through Himmler, nor, as far as I remember,

by any other means that later low-pressure chamber experiments * * *

took place on a nonvoluntary basis * * * I only knew about voluntarily

low-pressure chamber experiments and these were made, without doubt, on

a voluntary basis.” Finally, the witness Herbert Wilschewske (_Ruff 11,

Ruff Ex. 9_).

While the previous witness Wolff was only present for 1 day during the

experiments, the witness Wilschewske, during the 2 years he spent in the

concentration camp, spoke repeatedly to inmates who “had volunteered for

the medical experiments”, and who, by reason of his repeated

conversations with the prisoners, could give the following as reason for

the willingness to volunteer for experiments “they could earn thereby

their own liberty and rehabilitation as well as privileges for their

family.” The witness Wilschewske is certainly an absolutely reliable

witness with regard to his statements. He is a Polish Communist, served

2 years in Dachau concentration camp for this, and was proved to be only

a political prisoner.

If one considers all these statements by witnesses, which certify that

the experimental subjects in the Dachau high-altitude experiments of

Drs. Ruff and Romberg were volunteers, it cannot be doubted that the

concordant statements by Dr. Ruff, Dr. Romberg, and Dr. Weltz were

absolutely true. They are defendants, it is true; but from all sides

testimony is given of their irreproachable professional integrity.

Although they are now sitting in the dock, their precise and clear

statements deserve far more belief than the changing and contradictory

statements of a habitual criminal who has committed downright perjury in

this Court, or of a murderer who is actually more deserving of a place

in this dock than these defendants are.

The correctness of this conception is confirmed again on the one hand by

the fact—already mentioned in another connection—that Dr. Romberg, as

has been proved repeatedly, actively intervened and prevented the use of

experimental subjects for experiments by Rascher when he could see that

nonvoluntary experimental subjects were to be used, and on the other

hand, it was known that in the high-altitude experiments which Dr. Ruff

had carried out with Dr. Romberg only voluntary experimental subjects

could be used, and only with voluntary experimental subjects could the

experiments succeed. The whole idea of this type of high-altitude

experiment (the Ruff-Romberg method) was based on the theory that the

experimental subject, immediately on recovering from the state of

unconsciousness—the “high-altitude malady”—reaches up with his arm and

pulls down the handle of the parachute, which in practice reduces the

speed of the fall, insuring the flier of a smooth landing on the ground.

All this necessitated active cooperation on the part of the experimental

subject; one was absolutely dependent on his cooperation, otherwise each

of these experiments would have been useless right from the start.

Naturally, Dr. Ruff knew this, as did Dr. Romberg, and therefore for

them the first and most important condition for each experiment of this

type was that the experimental subject should be voluntary (_see Ruff’s

statement in German Tr. pp. 6638-40_). There are therefore also

important inherent reasons why the statements by Ruff and Romberg are

correct.

Actually the high-altitude experiments carried out in Dachau were

successful. They were of considerable help in clarifying the problem of

“rescue from great heights”, and this was only possible when the

experimental subjects themselves cooperated when they took part in the

experiments voluntarily and took an interest in them. This was, by the

way, also the reason why this type of high-altitude experiment could not

be made with animals as experimental subjects, a fact which, for

example, Ruff and Romberg pointed out in their summary report of 28 July

1942. (_NO-402, Pros. Ex. 66._)

I come, therefore, to the following conclusion: There can be no doubt

that the experimental subjects for the Dachau high-altitude experiments

were volunteers, at least as far as the experiments authorized by Ruff

are concerned. Whether volunteers reported for the special experiments

continued by Dr. Rascher or whether the prisoners were forced into the

experiments by Dr. Rascher does not need to be examined, because Ruff

and Romberg did not participate in those experiments in any way. But

even if any doubt as to their being volunteers were possible, it cannot

be denied that Ruff and Romberg were firmly convinced that all their

experimental subjects actually were volunteers. This was stipulated from

the very beginning, and in all the discussions of Dr. Ruff with Hippke,

Weltz, and the representative of the SS, Ruff was consequently convinced

that only volunteers were actually concerned.

Dr. Ruff’s conviction was strengthened through personal conversation

with various prisoners on that day on which he himself went to Dachau to

control the execution of the experiments and to ascertain that

everything was carried out in a completely orderly manner. And finally

in this connection it cannot be overlooked that Dr. Ruff, as he has

stated under oath and as is confirmed by numerous affidavits, had never

at any other time in his life worked with nonvoluntary experimental

subjects. Just because he considered it indispensable for the success of

the experiments that the experimental subjects were volunteers, that

they themselves cooperate, Dr. Ruff never thought that the Dachau

prisoners were not fully and completely in agreement with the

experiments.

* * * * *

It is obvious that the voluntary character of these experimental

subjects, whether an actual fact or whether Dr. Ruff deluded himself

into believing that this was the case, does not in itself relieve him of

all responsibility. On the contrary, Dr. Ruff himself is of the opinion

that, besides voluntariness, several other conditions would have to be

fulfilled before the experiments and the way in which they were

performed could be considered lawful:

1. The experiment would have to be _necessary_, particularly necessary

in the interests of aviation and thus essential to the fatherland’s war

effort. This condition is obviously fulfilled. This is confirmed above

all by the statement of the witness Dr. Hippke who stated that it was

Dr. Ruff’s duty to work on the research tasks assigned to him by the

Medical Inspectorate of the Luftwaffe and to submit reports on them to

the Medical Inspectorate.

The experiments carried out by Ruff were necessary, for “high-altitude

experiments in particular have been undertaken intensively in America,

too, because the question of pressure drop [Drucksturz] and the cabin

development is of particular importance.” (_Ruff 23, Ruff Ex. 22._) Dr.

Hippke developed this point of view not only during the trial but stated

it very clearly in his letter to Himmler, dated as early as 8 October

1942 (_NO-289, Pros. Ex. 72_), where he writes: “These-experiments

represent a very valuable and important supplement. The fact that such

an extreme deficiency of oxygen can be endured at all for some time is

very encouraging for further research.” Dr. Hippke’s opinion about the

necessity of the high-altitude experiments is therefore extremely

important because Hippke was the highest official expert in that field

in Germany at that time.

But most of all, the absolute necessity of Ruff’s experiments is

acknowledged by all experts who testified in this trial in connection

with these problems. I recall, for example, the statements of the

witness Dr. Scheiber that “at a later judgment of Dr. Ruff’s scientific

work, his name will be remembered together with the names of all of

those well-known scientific research workers who, by personal, devoted,

and heroic effort, rendered immeasurable service to the advance of

science and therewith to the welfare of humanity.” Professor Dr.

Strughold expresses himself in a similar way in his affidavit. He was

chief of a German institute for aviation medicine for several years and

writes concerning Dr. Ruff that “he (Ruff) can be considered as a man

who surpasses by far many academically proficient and recognized

scientists as far as scientific experience and scientific success is

concerned.” Of particular importance, however, seems to be the opinion

of Dr. Grauer, who is at present in America as a research worker and

experimenter in matters of aviation medicine.

* * * * *

According to the opinion of the Air Force General, Adolf Galland, and

the statements of all the other experts, it is an established fact that

the Dachau experiments of Dr. Ruff and Dr. Romberg were absolutely

necessary.

This necessity does not cease to exist because the people concerned

realized that with this first series of experiments, carried out in

Dachau in the spring of 1942, the problem in question (rescue from high

altitudes) was not yet entirely solved. Ruff and Romberg pointed out in

their final report of 28 July 1942, that the “danger of freezing has to

be considered.” On the basis of this final report the medical inspector,

Dr. Hippke, later pointed out in his letter to Himmler of 10 October

1942 (_NO-289, Pros. Ex. 72_) that in the Dachau high-altitude

experiments of Ruff and Romberg of spring 1942, “a very important factor

was not yet taken into consideration, namely freezing.” He remarked,

however, at the same time that “the necessary supplementary work was

started meanwhile.” Hippke did not leave any doubt that this fact would

not impair the value and the importance of the Dachau high-altitude

experiments, which he stressed; for it is in the nature of such

experiments that both parts of the problem, high altitude and freezing

temperatures, cannot be dealt with simultaneously, but that at first

only one part must be considered, then the other. This was Ruff’s plan

from the very beginning, and the special experiments with regard to the

influence of freezing temperatures on descent from high altitudes were

carried out according to plan in the Berlin institute of Dr. Ruff in the

summer and fall of 1942. (Compare this with Dr. Grauer’s affidavit of 28

January 1947.)

Another prerequisite for the justification of the high-altitude

experiments undertaken by Ruff and Romberg lies in the requirement that

the experiments should not be extended any further than is necessary for

the solution of the problems presented. This requirement, too, was

fulfilled by Dr. Ruff. It is confirmed by his own testimony (_German Tr.

p. 6704_), as well as by the testimony of Dr. Romberg (_German Tr. pp.

6879-80_), that Dr. Romberg was sent by Dr. Ruff to Dachau with a

definite program which carefully outlined the kind as well as the extent

of the experiments to be carried out. Only the problem of “rescue from

high altitude” was to be investigated. Only experiments for this purpose

were ordered by Dr. Ruff. Dr. Romberg was not allowed to undertake

experiments for any other purposes, and the experiments were to be

carried on only until either the problem was solved or its solution

found impossible. Had Dr. Romberg not adhered to this program, which had

been strictly outlined, had he carried out further experiments behind

Dr. Ruff’s back, the latter could in no case have been responsible for

them. Since he was not told of such further experiments by Dr. Romberg,

he could not stop them. However, it must be stated expressly that Dr.

Romberg adhered to Dr. Ruff’s orders; he did not carry out more

extensive experiments than he had been permitted and had been ordered;

this was done alone and solely by Dr. Rascher. The latter, however, was

in no way subordinated to Dr. Ruff, nor to Dr. Romberg; moreover, he

would certainly not have taken any orders from either of them. _The

final report Ruff-Romberg-Rascher of 28 July 1942_ (_NO-402, Pros. Ex.

66_) furnishes clear proof of the fact that Dr. Ruff and Dr. Romberg

were at all times conscious of their duty to restrict experiments to the

extent which seemed absolutely necessary in order to explore a problem

which was all-important at the time and to carry out no experiments

which could not be considered especially important and of great

consequence.

Even the introduction to this report of 28 July 1942 is significant for

the delineation of the tasks set for these experiments. It reads:

“Considering the urgency of finding a practical solution to this

important problem [the rescue of airplane crews from high altitude],

particularly in view of the prevailing experimental conditions, it was

necessary to forego for the time being a detailed clarification of the

purely scientific problems involved.” Here the basic tendency of all the

experiments finds its clear expression. Only such practical requirements

of aviation which could not be postponed during time of war should be

solved, while investigations of purely scientific nature, without great

practical significance, were to be excluded. This restriction of

solutions sought demonstrates that the scientists in question (Ruff and

Romberg) were not subject to the unbridled desire for experimentation

which may be found in people of Rascher’s type.

* * * * *

Were the Ruff-Romberg high-altitude experiments in Dachau dangerous to

life? If it is demanded that experiments on humans are carried out as

humanely as possible, pain avoided wherever possible, and damage to

health eliminated, it is obvious that deaths must be prevented in every

way possible. The conscientious research worker will always start from

the standpoint that experiments can only then be carried out when,

according to human estimation and the experience of science, death can

in no way be expected. According to German Law (Article 216 of the

German Penal Code) the intentional killing of a person would not be

legalized through his agreement, not even at his expressed desire.

To this question the presentation of evidence has shown the following:

1. In the Summary Report Ruff-Romberg-Rascher of 28 July 1942, it is

“expressly stated that in the whole series of experiments no death and

likewise no permanent oxygen deficiency damage occurred.” (_NO-402,

Pros. Ex. 66._) In direct contradiction to this appears to be, at least

at first glance, the intermediary report which Dr. Rascher alone made on

his experiments on 5 April 1942 to the Reich Leader SS Himmler

(_1971-A-PS, Pros. Ex. 49_) and also the following secret report, which

likewise Dr. Rascher alone sent to Himmler on 11 May 1942. (_NO-220,

Pros. Ex. 61._) These two special reports by Dr. Rascher prove that in

the experiments described by Rascher alone several deaths occurred.

The explanation of the apparent contradiction is shown clearly by the

presentation of evidence: In the experiments authorized by Dr. Ruff and

carried out with his approval not a single death occurred. Only the

arbitrary experiments which Rascher carried out without the approval of

Dr. Ruff and against his will, and which were ordered by Himmler, were

deadly.

This can be seen from Rascher’s intermediary report of 5 April 1942.

(_1971-A-PS, Pros. Ex. 49._) It falls into two parts.

In the first part Dr. Rascher describes the experiments carried out with

Dr. Ruff’s approval. He states expressly, “the experiments conducted by

myself and Dr. Romberg,” and he confirms that even “in a total of 15

extreme experiments, none of the experimental subjects died. Severe

high-altitude sickness with unconsciousness occurred; however, the

subject was always fully capable of action when approximately 7 km. was

attained in the descent.”

In the second part, Rascher then describes his arbitrary experiments of

which Ruff knew nothing, and was permitted to know nothing. This second

part of the report is much more extensive and detailed than the first.

That can be explained without difficulty because the experiments

mentioned in this second part were carried out by Rascher himself; here

he could describe the “merit” of the results he apparently gained all by

himself. From this second part he obviously also hoped for complete new

results for science, which he emphasized in the accompanying letter to

Himmler of 5 April 1942, and he was obviously very proud that following

his suggestions (as he emphasized) such “interesting standard

experiments” were carried out. All this referred exclusively to the

arbitrary experiments mentioned in the second part of the report, which

Rascher carried out alone without the assistance of Dr. Romberg and

without the authorization and previous knowledge of Dr. Ruff.

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

Rascher himself made this distinction in his report (_1971-A-PS, Pros.

Ex. 49_): He contrasts in the second part of his report the “extremely

dangerous experiments” with the “experiments carried out by myself

(Rascher) and Romberg,” while he specially asked for an “SS doctor from

the camp as witness” for the arbitrary experiments of the second part of

his report, as “I carried out these experiments by myself.” But surely

Dr. Rascher had his reasons for specially requesting “a camp doctor as a

witness” for these experiments (which are described in the second part

of his report), but intentionally kept Dr. Romberg away. Dr. Rascher

indicates these reasons in his accompanying letter of 5 April 1942,

talking about difficulties which the Luftwaffe created for him up to

that time, whose removal he hopes for by the intervention of SS Fuehrer

Sievers. These difficulties which hindered the research work of Rascher

were discussed in various other documents which concerned the use of the

low-pressure chamber and its return to Dachau, which the SS tried to

arrange but never succeeded.

If Dr. Rascher in his intermediary report (_1971-A-PS, Pros. Ex. 49_)

emphasized that “only continuous experiments are fatal at heights above

10.5 km.”, this plainly confirms, in Dr. Rascher’s own words, what Ruff

and Romberg stated from the very beginning, that two kinds of

high-altitude experiments were carried out in Dachau with the

low-pressure chamber. The one kind, which Dr. Romberg took part in and

Dr. Ruff knew about, was carried out completely humanely and without any

pain, and nothing happened; and the other kind, which Rascher carried

out alone by order of Himmler, without Romberg and without the previous

knowledge of Dr. Ruff, to which at one time an SS doctor was even asked

to attend as a witness and which caused several fatalities.

This result is confirmed by the second report, which Rascher again alone

(without the participation of Dr. Ruff and Dr. Romberg) submitted to

Himmler, dated 11 May 1942, as a secret report (_NO-220, Pros. Ex. 61_).

He describes here the experiments which he carried out jointly with Dr.

Romberg and again states: “On the average, the experimental subjects

were in complete accord of their actions at 12-13 km.; no disturbances

of any kind in the general condition occurred in any of these

experiments,” and even less, of course, a fatality. Only among the

experiments described under figures 6 and 7 of this secret report of

Rascher’s did fatalities occur, and that “during a continued

high-altitude experiment, for example after half an hour in an altitude

of 12 km.” But these experiments (according to figures 6 and 7) were the

arbitrary experiments in which Rascher had other aims in mind, which had

nothing to do with Ruff’s problem of “saving from high altitudes,” and

which were carried out by Rascher alone.

It is also interesting that Rascher still mentions the partial

assistance of Dr. Romberg in his first report (of 5 April 1942)

(_1971-A-PS, Pros. Ex. 49_) but does not say anything more in the final

second report (of 11 May 1942), (_NO-220, Pros. Ex. 61_) where he

described the affair as though he alone had carried, out the

experiments. Compare page 81, line 21: “Experiments carried out by

myself”; or page 79, lines 15-16: “_My_ heart experiments * * * that a

very big sphere of work opened up for _me_,” etc. By that Rascher has

clearly expressed that he did not have any assistance from Dr. Romberg

in the experiments he thought particularly valuable, when he explains as

particularly valuable his heart experiments and his observations

concerning air embolism. Those were all experiments in which Ruff and

Romberg had not the least interest, in which they never participated,

and for which they would never have risked the health and the life of an

experimental subject.

Even specialists like Dr. Ruff and Dr. Romberg could never understand

the scientific or other aim which Rascher had in mind in the case of

those arbitrary experiments with fatal endings. Even the layman can

easily recognize the basic difference between the two categories of

experiments. The legal experiments which had been authorized by Dr. Ruff

were always restricted to a very short period of a few moments; but the

fatal experiments of Dr. Rascher were, as he emphasized himself,

continuous experiments without oxygen, therefore experiments lasting

over 30 minutes. It is easily understandable that experiments of such a

length without the administration of oxygen may be fatal. To prove this

it would not have been necessary to sacrifice even one single human life

in these experiments. Serious research workers like Dr. Ruff and Dr.

Romberg had therefore never carried out and never authorized such

experiments. That was also well known to Rascher, and this explains the

fact as stated by Neff (_German Tr. pp. 668, 670, 671_) that Rascher

kept Dr. Romberg intentionally away from his arbitrary experiments;

furthermore that he even carried out his experiments at night to keep

them secret from Dr. Romberg, and that he also did not ask Romberg to

sign his intermediary report of 5 April 1942, nor his summarizing secret

report of 11 May 1942, which Romberg would surely have refused to do.

* * * * *

It would therefore be quite wrong to attribute to Dr. Ruff and Dr.

Romberg the intention of wanting to suppress something in their final

report of 28 July 1942. (_NO-402, Pros. Ex. 66._) For it is a proven

fact that not only Himmler was informed by Rascher of the cases of death

which had occurred, but that Dr. Ruff had also reported the cases of

death for which Dr. Rascher was guilty, to his supreme superior, the

Inspector of the Medical Service [of the air force], Dr. Hippke. For

this same reason he had caused the low-pressure chamber to be removed

from Dachau and had asked the witness, Dr. Hippke, to consent to this.

These proven facts show that Dr. Ruff did not conceal anything and had

nothing to conceal. The fact that the cases of death were not mentioned

in the final report of 28 July 1942 has therefore nothing to do with any

concealment but is only due to the fact that those experiments which had

fatal results had nothing whatsoever to do with the experiments of Dr.

Ruff and Dr. Romberg and their problem.

For the same reasons it is not surprising at all that Dr. Ruff did not

inform Dr. Weltz of the fatal accidents during the special experiments

of Rascher. Weltz was neither Ruff’s superior nor his subordinate, and

at the time when Dr. Ruff learned of the deaths which had occurred

during Rascher’s experiments, Dr. Rascher had already been transferred

from the Weltz Institute.

* * * * *

The defense, therefore, arrives at the following conclusion:

Dr. Ruff only did what his superiors ordered him to do. If they have

failed, they should be taken to account.

Dr. Ruff had no doubts concerning the orders of his superiors for his

assignment was urgently necessary in the interest of his country,

engaged in the most difficult war, and of its aviation. If Dr. Ruff at

the time had been able to read all the international literature about

medical experiments on human beings he would have learned that

experiments much more exacting and much more dangerous than those with

which he was familiar—which he knew and planned—were being conducted

everywhere, also on prisoners; and perhaps they are still being

conducted without the competent authorities or medical societies

declaring them impermissible and intervening against them. Over many

years, Dr. Ruff proved himself to be a particularly conscientious and

considerate man of research who devoted his entire activity primarily to

save endangered human lives. Neither can he be blamed for having

collaborated for a short time with Dr. Rascher. He (Rascher) had been

assigned to him as associate by his highest superiors; he had to rely

upon that. If they ordered him to work together with a man who, later

on, turned out to be a criminal, no liability can be charged to Dr.

Ruff. When Dr. Ruff saw through his colleague who was forced upon him

and realized his criminal activities, he immediately cut off all

relations to him on his own initiative, avoided any further

collaboration with him, and thus probably prevented much further

disaster.

Field Marshal Milch was acquitted as far as the Dachau altitude tests

are concerned.[21] Medical Inspector Dr. Hippke was not indicted at all.

Under these circumstances justice demands that Dr. Ruff be acquitted.

* * * * *

_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS_

* * * * *

_Low-Pressure Experiments_

Low-pressure experiments (high-altitude experiments) were carried out in

the Dachau concentration camp from 22 February to the end of May 1942.

The first plans to carry out experiments “for rescue from high

altitudes” were discussed already in 1941. The experiments were an

affair of the Luftwaffe. (_1581-A-PS, Pros. Ex. 48._)

The carrying out of experiments for “rescue from high altitudes” was

agreed upon, as far as the Dachau concentration camp was concerned, by

the Reich Minister for Aviation (represented by State Secretary and

Field Marshal Milch) and the Reich Leader SS Himmler. (_German Tr. p.

274. Also judgment of Military Tribunal II, Nuernberg in case of Field

Marshal Milch. See Vol. II._) The witness Neff gave the exact date of

the start of the experiments. The experiments were started on 22

February 1942. The witness could remember this date so well because it

was his birthday. (_German Tr. p. 606._) After a few interruptions the

experiments ended in the second half of May. (_German Tr. p. 6779._)

When answering the question whether the experiments could inflict

torture and death on the experimental subjects, one has to distinguish

between the experiments which according to the detailed instructions of

Dr. Ruff were carried out by Dr. Rascher and Dr. Romberg in the Dachau

concentration camp, and the experiments which Rascher carried out either

with the knowledge and permission of Himmler, or without his permission

on his own responsibility.

With regard to the first experiments it has to be said that they caused

the experimental subjects some discomfort through high-altitude

sickness, but that on no account did they mean torture and death for the

experimental subjects. (Evidence of Dr. Ruff in direct examination.)

On the other hand the experiments which Rascher conducted on his

responsibility have, according to Prosecution Document 1971-A-PS (_Pros.

Ex. 49_), apparently to be judged in a different manner.

Sievers came in contact with the low-pressure experiments only; in the

second half of March 1942. By letter of 21 March 1942 Rudolf Brandt

replied to an inquiry of the Reich business manager of the Ahnenerbe of

9 March 1942 concerning Rascher, and informed him that low-pressure

experiments were carried out in the Dachau camp: “The Reich Leader SS

gave his permission on condition that Dr. Rascher would participate.”

(_1581-A-PS, Pros. Ex. 48._)

The cause of Sievers’ letter of 9 March 1942 was the statement of Dr.

Rascher to the curator Wuest, according to which certain research work

which he carried out for the Luftwaffe in Dachau, and of which he could

give no details, was to be supported by the administration of the

“Ahnenerbe”. (_German Tr. p. 5671._) Following this, Sievers went to

Dachau in late March or on 1 April 1942. (_German Tr. p. 5672._)

Thus this date was the earliest on which Sievers could possibly have

gained knowledge about the carrying out of high-altitude experiments in

Dachau. It is important that at this time the experiments had already

been under way for over a month.

The cunning Rascher took the first visit of Sievers as an opportunity to

invite Sievers to have a look at the experiments directed by him, in

spite of the fact that Sievers had nothing at all to do with the

carrying out of the experiments. Sievers watched two experiments. He

took the opportunity to speak to the two persons who were subjected to

the experiments on that day. Both told Sievers that they had volunteered

for the experiment. A few minutes after the experiment both experimental

subjects did not show any after-effects and finished the experiment

without suffering any bodily or physical damage. (_German Tr. p. 5741._)

The following proceeding shows the special care which was taken in the

carrying out of these experiments: It was agreed with the experimental

persons that in case of earache they were to point with the hand to the

ear. When one of the experimental subjects did this, Dr. Romberg

immediately altered the pressure conditions, and the behavior of the

experimental subject showed that he had no more discomfort. (_German Tr.

pp. 5743 and 6845._)

Since the question of the voluntary status of the human experimental

subjects may be of significance in the case of all experiments, a

comprehensive presentation of the most important depositions on this

subject is given here.

Himmler stated at the Easter conference in 1942, in answer to the

scruples of Sievers, that only volunteers were to be allowed to be drawn

upon for the experiments, and if the experiments were fraught with

danger to life then only major criminals under sentence of death and no

political prisoners would be taken. (_German Tr. p. 5677._) The witness

Neff testified that volunteers presented themselves for the experiments.

(_German Tr. p. 614._)

Dr. Craemer of the Mountain Institute for Psychology of the Army

Mountain Medical School [Gebirgspsychologisches, Institut der

Heeres-Gebirgs-Sanitaets-Schule] has, in an affidavit, reported a

conversation with Dr. Rascher in the course of which the latter said:

“Human experimental subjects. It is a question of major

criminals under valid sentence of death who come forward

voluntarily for the experiments in Dachau in order to have life

and liberty given to them if they survive an experiment.”

(_Handloser 37, Handloser Ex. 18._)

The witness Meine declared:

“* * * since, furthermore, I knew from the series of experiments

in Oranienburg that the prisoners had come forward voluntarily

in crowds * * * my suspicion was not aroused during these

years.” (_German Tr. p. 4864._)

Dr. Mrugowsky deposed the following in his direct examination regarding

yellow-fever experiments:

“Only volunteers were used, and Dr. Ding states in his

declaration (_NO-257, Pros. Ex. 283_) that he knew of a list,

and that for these kinds of cases always hundreds of volunteers

offered themselves because they would not need to work for 4

weeks and were better fed.” (_German Tr. p. 5195._)

Further, I refer to the affidavit of Dr. Morgen, which was submitted by

Dr. Mrugowsky’s defense counsel, Mrugowsky 32 (_Mrugowsky Exhibit 26_):

“At the conference with Dr. Ding I learned that the human

experimental subjects came forward voluntarily for these

experiments. * * * In the case of the prisoner whose treatment I

chanced to watch with others, I had the definite impression that

he was a volunteer.” (_German Tr. p. 5228._)

In connection with the high-altitude experiments in Dachau, I quote the

following from Dr. Ruff’s deposition:

“Professor Dr. Weltz told me that these human experimental

subjects were professional criminals who were allowed to

volunteer for the experiments.” (_German Tr. p. 6532._)

“Hippke told me also in this conversation that it was a question

of major criminals who could offer themselves voluntarily for

the experiments and who, following the experiments, were then to

receive in some form a mitigation of their punishment, either

reduction or remission.” (_German Tr. p. 6534._)

The chief of Himmler’s personal staff, SS General Karl Wolff, gave an

affidavit in London on 21 November 1946, which is of special importance

because Wolff himself watched experiments in Dachau together with

Himmler, and also reported to Hitler concerning the experiments:

“They (namely, the human experimental subjects) protested to

Himmler in my presence that—after their request to be sent to

the front had been turned down—they wanted to render a modest

voluntary service to Germany and thereby give proof of the good

will they really possessed. * * * That later low-pressure

experiments are said to have taken place on prisoners on a

nonvoluntary basis—of that I received no knowledge either from

Himmler nor in any other way.” (_German Tr. pp. 6757-58._)

Dr. Romberg declared in direct examination:

“In the course of time, not exactly on the first day, but as

time went on, I spoke of course with all of them more often and

in greater detail; then they told me gradually what previous

sentences they had had, what prisons and penitentiaries they had

already been at before coming to the camp. They told me also the

reasons why they had come forward and had placed themselves

voluntarily at the disposal of the experiments.”

To the question: “Do you mean by that, that all the human experimental

subjects who were used for the altitude experiments were voluntarily

human experimental subjects?” Dr. Romberg answered with a clear, “Yes.”

(_German Tr. pp. 6787-88._)

The following is quoted from Dr. Weltz’ deposition:

“When I first heard anything from Kottenhoff concerning

Rascher’s proposals, Kottenhoff spoke already of volunteers.

Later, after this conversation with Hippke I spoke again with

Rascher. Rascher also spoke of volunteers. We then had Rascher

at our joint consultation with Ruff and Romberg in my institute.

There, too, he spoke of volunteers. In the observations that he

made at the Nuernberg conference in connection with

Holzloehner’s lecture, he spoke of volunteers. He spoke further

of volunteers, on the return journey from the Nuernberg

conference, with Dr. Craemer from St. Johann. * * * Thus I never

heard Rascher speak otherwise than of volunteers, and, as I said

already, that was the reason why we did not speak for a long

time at all concerning compulsory experiments with Hippke.”

(_German Tr. p. 7064._)

The affidavit of the Polish Communist Wilschewske, an inmate of Dachau

concentration camp, which was read on 28 April 1947, deposes as to the

voluntary status of the human experimental subjects:

“Prisoners who came forward for these experiments did so, as far

as I know, voluntarily, because they could thereby gain their

own freedom and rehabilitation, and also favorable treatment for

their relatives.” (_German Tr. p. 6555._)

Dr. Becker-Freyseng deposed the following in his direct examination:

“Rascher spoke unequivocally of prisoners or criminal characters

who were available because of special sanctions * * * by Hitler

and Himmler, and through volunteering.” (_German Tr. pp.

7850-51._)

The witness Dorn, a former prisoner in Buchenwald, deposed in answer to

the following question: Were these people now forced into these

experiments or was there a possibility of volunteering?

“I should like to give you an answer to that. Imagine the

position of a prisoner who perhaps for years had not had enough

to eat to satisfy him, and who perhaps learns from a camp

conversation that if he were to offer himself for this or that

experiment he would receive a double or triple amount of food.

You can imagine that hundreds or more presented themselves

merely from the purely human urge to eat their fill once again.”

(_German Tr. p. 8620._)

Dr. Beiglboeck likewise makes assertions in his direct examination

concerning the voluntary status of the human experimental subjects, and

declares in conclusion:

“I had at that time absolutely no reason to doubt that this

information was correct. Superiors, officers of the SS, and the

human experimental subjects themselves admitted this to me. And

I do not know what more I could have done in order to assure

myself still further.” (_German Tr. p. 8701._)

The voluntary status of the prisoners is likewise confirmed in his

affidavit by the witness Dr. Lesse, who worked as a doctor with Dr.

Beiglboeck in Dachau. (_Beiglboeck 14, Beiglboeck Ex. 20._)

The witness Mettbach has also confirmed the voluntary status of the

human experimental subjects in connection with the sea-water

experiments.

Finally reference is made to the deposition of the witness Nales, who

was examined by the prosecution on 30 June 1947 in the second half of

the forenoon session, and who testified to the voluntary status of the

human experimental subjects used in the Lost gas experiments.

The evidence produced has not given the slightest grounds for believing

that Sievers had any knowledge at all that nonvoluntary human

experimental subjects were compelled to undergo experiments, or that the

experiments would be painful or fraught with danger to life.

As a precaution let us also examine the question as to what further

activity Sievers developed in connection with the low-pressure

experiments. From the document book presented by the prosecution it

appears that Sievers passed on letters which came to his office. Sievers

is mentioned in some documents. The following separate letters are at

hand:

In connection with the altitude experiments, the prosecution’s document

book contains the following documents in which the Reich Business

Manager of the Ahnenerbe is mentioned in one way or another. (_NO-263,

Pros. Ex. 47._) Letter from Frau Rascher to the Reich Leadership SS

dated 24 February 1942:

“Rascher requests SS Obersturmbannfuehrer Schnitzler to acquaint

the Reich Leader with the events and to say at the same time

that Rascher, as a member of the Ahnenerbe, definitely wishes to

participate scientifically in the experiments.”

From this it is seen how very keen even Frau Rascher was that her

husband should participate in the experiments in Dachau. This was at a

time when Sievers had as yet no knowledge at all of the altitude

experiments.

Letter from the Reich Business Manager of the Ahnenerbe to Dr. Brandt,

dated 26 August 1942 (_NO-221, Pros. Ex. 68_). This letter contains a

copy of a letter from Rascher which had as its subject a report by

Rascher and Romberg to Field Marshal Milch. The second part of the

letter contains the report and the assent to the publication of the

scientific results. Here the date of the letter must be pointed out, 26

August 1942, which was many weeks after the altitude experiments had

come to an end, in May 1942.

Dr. Brandt’s reply to Sievers, dated 29 August 1942 (_NO-222, Pros. Ex.

69_):

“The letter of the Reich Leader SS, with which he has forwarded

the report to Field Marshal Milch, was only signed and sent off

a few days ago. Copy of the letter of the Reich Leader SS dated

25 August 1942 is enclosed for your information.”

Here it is to be observed that this letter likewise was written long

after the conclusion of the altitude experiments and, like the preceding

one, contains nothing at all concerning the experiments. It cannot be

inferred from the letter dated 29 August 1942 that a copy of the report

sent to Field Marshal Milch was also sent to the Ahnenerbe.

Brandt sends Sievers a copy of his letter to Dr. Rascher dated 6

September 1942 (_NO-223, Pros. Ex. 71_). It contains the information

that Field Marshal Milch will ask Dr. Rascher and Dr. Romberg to meet

shortly and report.

Letter from Rascher to Himmler, dated 9 October 1942 (_1610-PS, Pros.

Ex. 73_). Sievers is mentioned in connection with the unsuccessful

report to Milch. It is worth noting that Rascher asks that the

low-pressure chamber may still be left at his disposal for further

experiments.

Letter from the Reich Business Manager of the “Ahnenerbe” to the

personal staff, for the attention of Dr. Brandt, dated 21 October 1942

(_NO-226, Pros. Ex. 75_ (_Pros. Ex. 110 in Milch case_); _1617-PS, Pros.

Ex. 111 in Milch case_). This letter contains the information that the

freezing experiments are finished and that the altitude experiments

desired by the Reich Leader SS can now be continued. For this purpose

the low-pressure chamber will be needed again, and the Reich Leader SS

is to write personally to Field Marshal Milch. The rough draft of a

letter of the Reich Leader SS to Field Marshal Milch was enclosed with

this letter. This rough draft is submitted by the prosecution as NO-226,

Prosecution Exhibit 75. This draft was submitted by Sievers because of

an assignment given to him by Himmler. The rough draft was drawn up in

accordance with Rascher’s suggestions. (_German Tr. p. 5682._)

This letter, dated 13 December 1942, contains several research

commissions given personally by Himmler to Rascher (_1612-PS, Pros. Ex.

79_). Number 5 reads:

“The procuring of the apparatus necessary for all experiments is

to be discussed separately with the offices of the Reich

Physician SS of the SS Economic and Administrative Main Office,

and with the Ahnenerbe Registered Association.”

A copy went to the Ahnenerbe.

This is a letter from the Vorstand [Board of Directors] of the

Siemens-Schuckert-Werke, Berlin, and concerns the ordering of an

electrocardiograph (_NO-3675, Pros. Ex. 548_). This apparatus was never

delivered because the “SS priority grade” was not certified. Let it be

remarked here, for the sake of understanding, that the designation “SS

priority grade” was in general use and had nothing to do with the “SS”,

the so-called “Schutzstaffeln” of the NSDAP.

Letter from Sievers to the Rector of the University of Munich concerning

the loan of different pieces of apparatus (_NO-3674, Pros. Ex. 549._)

Dr. Wuest was, as repeatedly pointed out, office chief of the Ahnenerbe.

As such he had exact information concerning the research commissions of

the Institute for Military Scientific Research. A simple way to obtain

the apparatus would have been an agreement made over the telephone. If

Sievers chose to do it by letter it was only because of the delaying

tactics practiced by him. This is seen clearly from the postscript

intended for Rascher, telling him not to participate. It is also worthy

of note that the apparatus was to be used in Munich and not in Dachau.

Sievers had no right to issue orders or instructions in connection with

the low-pressure experiments, as is seen from part III of the closing

brief. Sievers had not the slightest influence on the carrying out of

the experiments.

Sievers could have had no knowledge that the experiments might be

inhuman, because he, or the Ahnenerbe, was only brought in when the

experiments had already been in progress for over a month.

The question still to be examined is whether and when Sievers received

knowledge of Rascher’s reports concerning his experiments. To this the

following details are pointed out: On 5 April 1942 Rascher sent an

interim report on his low-pressure experiments direct to Himmler. He

asked that the report should be treated as secret. (_1971-A-PS, Pros.

Ex. 49._)

The acknowledgment of the receipt did not go through the Ahnenerbe but

went directly from Rudolf Brandt to Rascher. (_1971-C-PS, Pros. Ex.

50._) It is nowhere mentioned that a copy went to the Ahnenerbe. From

the distribution of the order issued by Himmler thereon (_1971-B-PS,

Pros. Ex. 51_), it is clearly seen that the Ahnenerbe received no copy

of the order.

On 11 May 1942 Rascher sent a further secret report direct to Himmler,

so that Sievers here too had no possibility of acquiring any knowledge

of this report. (_NO-220, Pros. Ex. 61._)

On 22 September 1942 the German Experimental Station for Aviation sent

copies of Nos. 2, 3, and 4 of the report “Experiments on Rescue from

High Altitudes” as “top secret” matter to the Reich Leader SS “to be

filed there”. (_NO-402, Pros. Ex. 66._) Even if the first page of the

report bears the note, “The investigations were conducted in conjunction

with the Research and Instruction Association the Ahnenerbe”, no kind of

proof is thereby furnished that a copy of the report reached the

Ahnenerbe. It is true that Sievers does not exclude the possibility that

such a report came to the Ahnenerbe, but he denies that he read such a

report, because it did not concern him, and it also did not interest him

as it dealt with medical matters. If he did read any of it, it was at

the most the short summary to be found at the end. (_German Tr. p.

5681._)

It must also be pointed out that there is nothing in this report which

could lead to the conclusion that the experiments had fatal results. The

prosecution’s expert Professor Ivy also confirmed this in answer to the

Court’s question: “Is there anything mentioned in the

Ruff-Romberg-Rascher report about experiments concerning which it can be

asserted with absolute certainty that fatalities, permanent injury, or

great pain have resulted in the case of human experimental subjects?”

The expert’s answer was “No.” (_German Tr. p. 9217._) In addition this

report was sent to Himmler on 22 September 1942, thus, long after the

close of the experiments. Sievers cannot then have gained any insight

into Rascher’s criminal activity from Rascher’s reports.

Sievers had not the power or the opportunity of preventing Rascher’s

criminal experiments or of bringing them to a standstill. It is true

that at the Easter conference in 1942 he tried to move Himmler to

discontinue all experiments in the concentration camps, or at least to

bring about the suppression of the research of Rascher and Professor Dr.

Hirt, which were not in harmony with the character of the Ahnenerbe.

Both his suggestions were refuted by Himmler’s declaration that “all

that” was no concern of Sievers and that he (Himmler) bore the sole

responsibility. (_German Tr. p. 5714._)

In spite of Himmler’s declaration, Sievers endeavored to halt further

low-pressure experiments, when the low-pressure chamber had been removed

from Dachau at the beginning of June 1942.

Already on 27 November 1942, the chief of the personal staff of the

Reich Leader SS, SS General Wolff, had applied to Field Marshal Milch in

order to make possible Rascher’s further experiments in Dachau. In the

closing sentence of this letter the loan of the low-pressure chamber is

once again requested. (_NO-269, Pros. Ex. 78_ (_Pros. Ex. 118 in the

Milch Case_).)

That General Wolff by Himmler’s orders laid great stress on making

further experiments possible is seen from the fact that a copy of the

letter went also to SS Oberfuehrer Dr. Wuest, who was office chief of

the Ahnenerbe. Thereby the special importance of the affair was to be

shown also to the Ahnenerbe, on which the obligation rested to procure

the requisite apparatus in accordance with figure three of Himmler’s

order of 7 July 1942 (_NO-422, Pros. Ex. 33_) and repeated later under

figure five of Himmler’s order of 13 December 1942 (_1612-PS, Pros. Ex.

79_).

When the Luftwaffe did not make the low-pressure chamber available

again, Sievers was commissioned to buy a special portable low-pressure

chamber for the SS. (_German Tr. p. 5800._) And then Sievers did

something unheard of and rang up Dr. Romberg of the German Experimental

Station for Aviation. Romberg was very much surprised at this telephone

call. (_German Tr. pp. 6839-40._)

Through his communication that he had been commissioned by Himmler to

procure a low-pressure chamber for Rascher, who at that time was still a

member of the Luftwaffe, he aroused the attention of the Luftwaffe. For

Dr. Romberg communicated this news to his superior Dr. Ruff, who, on his

side, informed Dr. Becker-Freyseng of the Medical Inspectorate of the

Luftwaffe. (_German Tr. pp. 6607-08, 7878_; _Becker-Freyseng 24,

Becker-Freyseng Ex. 11_.) This was what Sievers counted upon. The

consent of the Luftwaffe would have been necessary for the purpose of

sanctioning the requisite priority grade for a low-pressure chamber. The

Luftwaffe denied this necessity and thus the low-pressure chamber under

consideration for Rascher was not procured.

When Himmler in the year 1943—probably at Rascher’s urging—ordered

Sievers again to procure a low-pressure chamber, Sievers was able once

more to prevent one from being procured. This time he pointed out that

the research management of the Luftwaffe did not consider it necessary

to continue with altitude experiments. Sievers advanced this statement

at random, profiting by the fact that Rascher, though probably known to

the Medical Inspectorate of the Luftwaffe, was not known to the research

management of the Luftwaffe. (_German Tr. p. 5801._)

_Summary_

Criminal action on the part of Sievers cannot be proved in connection

with the low-pressure experiments. The carrying out of the experiments

was neither ordered nor arranged for by him. He did not come into

contact with the experiments until they had been in progress for over a

month. What Sievers saw, heard, and read about the experiments could not

in any way give him the knowledge that inadmissible experiments were

being made. Sievers had no knowledge of Rascher’s criminal experiments

while the experiments were in progress, because Rascher kept these

experiments completely secret. Sievers’ activity was of a completely

subordinate nature. Apart from that, however, Sievers helped to prevent

Rascher (whom Sievers could not bear, for he was a pompous fellow and a

protégé of Himmler) from being put again in a position to carry on

further low-pressure experiments.

There is no criminal guilt then on the part of Sievers, as far as

Sievers’ contact with the low-pressure experiments is concerned.

d. Evidence

_Prosecution Documents_

Pros.

Doc. No. Ex. No. Description of Document Page

1602-PS 44 Letter from Rascher to Himmler, 15 May 1941, 141

concerning high-altitude experiments on

human beings.

1582-PS 45 Letter from Rudolf Brandt to Rascher, undated, 143

nforming him that prisoners would be made

available for high-altitude research.

1581-A-PS 48 Letter from Rudolf Brandt to Sievers, 21 March 144

1942, concerning Rascher’s participation in

high-altitude experiments.

1971-A-PS 49 Letter from Rascher to Himmler, 5 April 1942, 144

and report, undated, on high-altitude

experiments.

1971-C-PS 50 Letter from Rudolf Brandt to Rascher, 13 April 147

1942, regarding his success with

high-altitude experiments.

1971-B-PS 51 Letter from Himmler to Rascher, 13 April 1942, 148

requesting a repetition of high-altitude

experiments on prisoners condemned to death.

1971-D-PS 52 Teletype from Rascher to Rudolf Brandt, 20 149

October 1942, requesting clarification on

the pardon granted by Himmler.

1971-E-PS 53 Teletype from Rudolf Brandt to Schnitzler, 21 149

October 1942, concerning the pardon granted

by Himmler.

NO-218 56 Letter from Rascher to Himmler, 16 April 1942, 150

reporting on high-altitude experiments with

fatal results and on experiments conducted

together with Romberg.

NO-264 60 File note for SS Obersturmfuehrer Schnitzler, 151

28 April 1942.

NO-220 61 Letter from Rascher to Himmler, 11 May 1942, 152

and secret report concerning high-altitude

experiments.

NO-402 66 Letter, 29 September 1942, and report, 28 July 155

1942, from Romberg and Ruff to Himmler

concerning experiments on rescue from high

altitudes.

343-A-PS 62 Letter from Milch to Wolff, 20 May 1942, 172

regarding continuation of experiments.

343-B-PS 70 Letter from Milch to Himmler, 31 August 1942, 172

acknowledging receipt of reports by Rascher

and Romberg on high-altitude experiments.

NO-289 72 Letter from Hippke to Himmler, 8 October 1942, 173

thanking the latter for his assistance in

high-altitude experiments in Dachau.

NO-224 76 Note by Romberg on showing of film in office 174

of State Secretary Milch and proposed report

to Milch, 11 September 1942.

1612-PS 79 Letter from Rudolf Brandt to Rascher, 13 176

December 1942, and Himmler’s order assigning

Rascher to high-altitude experiments.

NO-610 41 Inmates of the Dachau concentration camp in 898

different stages of simulated altitude in

the low-pressure chamber; postmortem

dissections of experimental subjects who

died from the effects of high-altitude

experiments. (_See Selections from

Photographic Evidence of the Prosecution._)

_Testimony_

Extracts from the testimony of tribunal witness Walter Neff 177

Extracts from the testimony of defendant Rudolf Brandt 183

Extracts from the testimony of defendant Romberg 186

TRANSLATION OF DOCUMENT 1602-PS

PROSECUTION EXHIBIT 44

LETTER FROM RASCHER TO HIMMLER, 15 MAY 1941, CONCERNING HIGH-ALTITUDE

EXPERIMENTS ON HUMAN BEINGS

[Stamp]

Sigmund Rascher, M. D.

Personal Staff Reich Leader SS

Archives File No. Secret/58

Munich, Trogerstrasse 56, 15 May 1941

Highly esteemed Reich Leader,

My most sincere thanks for your cordial wishes and flowers on the birth

of my second son. This time, too, it is a strong boy, though he arrived

3 weeks too early. I shall take the liberty and send you a small picture

of both children some time.

Since I want a third child very soon, I feel very grateful to you that

with your help, highly esteemed Reich Leader, the wedding is made

possible. Today I was informed by SS Standartenfuehrer Sollmann on the

telephone that the 165 marks as required for a wedding will be charged

to the account “R” and will be transmitted by the Ahnenerbe. I thank you

heartily! I only need a short certificate concerning Aryan descent for

the Luftwaffe, where the permit was already submitted. Tomorrow, prior

to my departure, I shall dictate a rough text to Nini D; she will then

forward the note to you, highly esteemed Reich Leader.

I also thank you very cordially for the generous regular allowance of

fruit; this is at present extremely important for mother and children.

For the time being, 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? 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 has

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.

(Feeble-minded individuals also could be used as experimental material.)

For the time being, SS men and some SS officers as well are detailed to

the antiaircraft school IV, for studying the range-finding technique.

The material is excellent. Nevertheless, I suggest that selection of

range-finding men among SS troops should be carried out according to the

methods of examination as used by the Luftwaffe. A still better

selection would thus be the result. I am able to judge because I am the

specialist for medical selection with the Luftwaffe range-finding unit,

and all those detailed to these courses once more have to pass my

examination. I therefore take the liberty to send to you from Schongau

the method of selection as drafted by me. For this, I received the War

Merit Cross, 2d Class, with Swords. It will not be a note for

instruction but a draft for a lecture. I prefer to have it forwarded the

direct way rather than that any SS officer should put it down in a

mutilated way during my lectures. A similar instructional note was

submitted to the Reich Ministry for Aviation.

Thanks to your generosity, the cancer research is progressing well, in

spite of the war.

I do hope that you, highly esteemed Reich Leader, are in perfect health,

in spite of your tremendous amount of work!

With my most hearty wishes, I am with

Heil Hitler!

[handwritten] Yours, gratefully devoted,

[Signed] S. RASCHER

[Handwritten] RUSH

TRANSLATION OF DOCUMENT 1582-PS

PROSECUTION EXHIBIT 45

LETTER FROM RUDOLF BRANDT TO RASCHER, UNDATED, INFORMING HIM THAT

PRISONERS WOULD BE MADE AVAILABLE FOR HIGH-ALTITUDE RESEARCH

AK/104a/LO Bra/V

[Stamp unintelligible May 2 (?) 1941]

SS Untersturmfuehrer Sigmund Rascher M. D.

Munich

Trogerstr. 56

Dear Dr. Rascher:

Shortly before flying to Oslo, the Reich Leader SS gave me your letter

of 15 May 1941, for partial reply.

I can inform you that prisoners will, of course, be gladly made

available for the high-flight researches. I have informed the Chief of

the Security Police of this agreement of the Reich Leader SS, and

requested that the competent official be instructed to get in touch with

you.

I want to use the opportunity to extend my cordial wishes to you on the

birth of your son.

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 151 / 486 题