EXTRACTS FROM THE TESTIMONY OF DEFENDANT ROMBERG[27]

_DIRECT EXAMINATION_

* * * * *

DR. VORWERK: Now, we’ll go back to the point of Rascher’s position in

the experiment.

DEFENDANT ROMBERG: I said that without Rascher there would never have

been any intention of carrying out the experiments and it would never

have been possible. This can be seen from Himmler’s original assignment.

Practical proof of this is the fact that the experiments were stopped

immediately when there were difficulties with Rascher’s assignment. This

is proved by the letter from Frau Rascher to the Reich Leader SS, dated

24 February 1942. (_NO-263, Pros. Ex. 47._) In this letter Frau Rascher

writes that there were difficulties of command and that the experiments

were stopped; that Rascher had gone back to Schongau. That was the time

when I went back to Berlin. Later on when the experiments were actually

carried out, Rascher had expressly forbidden me to perform experiments

in Dachau without his permission or his presence, so that I never did

perform any experiments without Rascher. I always waited until he was

there. On the days when he was in Schongau no experiments were

performed. Generally, I did not even go to the experimental station.

Sometimes I went to write—but certainly never to carry out experiments.

This rule, although, of course, it often delayed the work, seemed

justified to me because Rascher had permission from Himmler to perform

these experiments and was responsible to him for the experimental

subjects. Also, I myself was under the authority of the camp at Dachau

which seriously restricted my independence, for example, my freedom of

movement or talking to prisoners and similar things. Rascher himself, on

the other hand, had a very free position on the basis of the powers

which he had received from Himmler and because of a special pass. The

Dachau camp was under Himmler’s authority. This is shown by the letter

from Himmler to Milch of November 1942. (_1617-PS, Pros. Ex. 77_ (_Pros.

Ex. 111, Milch Case_).) In this letter Himmler spoke of Holzloehner’s

conduct and adds that the Dachau camp was under his orders, and

Holzloehner would have to submit. It was under these conditions that

Rascher took the low-pressure chamber from the SS in Munich and set it

up there.

Q. Who took care of the maintenance work on the chamber during the

experiments?

A. There was not a great deal of maintenance work necessary; loading the

batteries or supplying the oxygen for the experiments was taken care of

by Rascher and was probably paid for by the camp.

Q. Was Rascher responsible to you for that?

A. No, Rascher was not responsible to me at all. He was responsible to

the Medical Inspectorate because the chamber belonged to them.

Q. Did you have ah opportunity to give Rascher any orders or

instructions, or to prohibit anything?

A. No, that can no doubt be seen from what I have already said. I could

not give him any orders. I certainly could not forbid him to do

anything. Concerning the conduct of these experiments on rescue from

high altitudes, I merely had a certain advisory right as is customary

for two scientists who are working together on the same task when one of

the two has greater knowledge pertinent to the specific task.

Q. You said the experiments began on 22 or 23 February; was that when

you saw the experimental subjects for the first time?

A. Yes. On that day I went out to Dachau with Rascher for the first time

and met the experimental subjects for the first time.

Q. About how many were there?

A. There were 10 or 12.

Q. Could it have been 5?

A. Five? No, there were certainly more than that.

Q. Could it have been 15?

A. Yes, that is possible.

Q. Did you talk to the experimental subjects on that day before the

experiments began?

A. I believe on that day we mostly talked. Whether any proper

experiments were done at all on that first day, I don’t remember. At any

rate I talked to the experimental subjects and got to know them a little

on the first day.

Q. What did you talk about with the experimental subjects?

A. They were quite new surroundings for me, of course. They were all

professional criminals who were in custody.

Q. How do you know that?

A. They told me that gradually in the course of conversation. They

didn’t, of course, have complete confidence on the first day and did not

tell me all about their previous convictions. But after careful

inquiries one discovered that they had been condemned for certain

crimes, repeatedly convicted, and finally had been condemned to

protective custody.

Q. Why did you talk to the experimental subjects on this day?

A. It is quite natural when one begins to work with such a group that a

certain personal contact is necessary. We had to get to know each other.

I talked to them about their profession, if I may call it that, and of

course I told them something about the experiments, what the whole thing

was all about, what they themselves had to do to cooperate in the same

way as my usual experimental subjects.

Q. Was the reason for this investigation to prepare the subjects for

their activity or to check whether these people were actually

volunteers?

A. No. It was more to get to know the subjects personally. The situation

was this: in the discussion with the camp commandant on the basis of the

agreement with Rascher and his authorization from Himmler, a very

definite agreement had been reached to the effect that these people were

to be selected from the volunteers. Therefore, a clear agreement had

been reached on the conditions, about which there could be no doubts

basically. When I met the subjects for the first time personally and

talked to them about the principle of the experiments and their duties,

and so forth, of course I also inquired why they had volunteered—not

because of any distrust of the camp commandant, but just for that

reason.

Q. You thought, accordingly, that they were volunteers?

A. I didn’t only think they were. They told me so themselves.

Q. How do you know that so definitely for each case?

A. In the course of time—not on the first day but in the course of

time—I talked to all of them frequently in some detail, and gradually

they told me about their previous convictions and what other prisons and

penitentiaries they had been in before they came to the camp, and they

also told me the reasons why they had volunteered.

Q. Do you mean to say that all the experimental subjects used for the

high-altitude experiments were volunteers?

A. Yes.

Q. Now before these subjects entered the chamber did you prepare them

for what they had to do and tell them the significance of the whole

thing?

A. Yes, of course. First I explained the whole question to them in broad

outline, so that they would know what it was about and what the purpose

of the experiment was. In detail I told them specifically what they had

to do in the experiments. There was the writing test during which they

had to write numbers from 1,000 backwards; then the cardinal point was

that after the altitude sickness during the experiments, as soon as they

came to, they had to pull the rip cord. We had a handle in the chamber

connected to a bell. This was to represent pulling the rip cord of the

parachute. This had to be explained to them carefully, otherwise they

wouldn’t have understood it and wouldn’t have reacted correctly.

Q. Now, before the experiments began, did you have an electrocardiogram

of each separate subject?

A. Yes and again later on.

Q. Please explain that.

A. Rascher had first examined the people to see if they were suitable

for the experiments, so there would be no heart defects or anything like

that. Then in order to get an exact control, before the beginning of the

experiments we took an electrocardiogram of all the subjects. In almost

all the experiments the electrocardiograms were registered and at the

end, when the experiments were finished, we took another

electrocardiogram of all the subjects in order to have material because

perhaps even if there was no visible injury, there might still be some

effects which could only be determined by such tests.

Q. Now, how long did these experiments on rescue from high altitude

last, approximately?

A. Well, they really began on about 10 or 11 March and they lasted until

19 or 20 May.

Q. Following that, you prepared the report which has been submitted by

the prosecution?

A. Yes.

Q. In this report you have a sentence saying that during the experiments

on rescue from high altitudes there were no deaths and there had been no

injury to health; is that correct?

A. Yes, it is correct that that sentence is in the report, and it is

also true that there were no deaths or other injuries.

Q. But here in the testimony of the witness Neff you heard that there

were deaths?

A. Yes.

Q. What do you have to say about that?

A. In addition to our joint experiments on rescue from high altitudes,

Rascher conducted experiments of his own. He did not tell me the exact

problem; he merely said that he was performing these experiments for

Himmler and that they had to do with explosive decompression sickness

and electrocardiograms. He had apparently carried out secret experiments

for some time on this problem, but then in my presence he continued them

with special subjects. In the course of these experiments the first

death occurred at the end of April in my presence. He told me in the

course of our conversations that he wanted to qualify as a lecturer on

the basis of these experiments which were ordered by Himmler. He wanted

to get Dr. Fahrenkamp into it but this cooperation never came about

because the experiments were broken off.

Before this death I had no reason to object to the experiments in any

way since Rascher was using other subjects and had a separate assignment

from Himmler for them. My assignment was to perform the experiments on

rescue from high altitudes and I carried it out together with Rascher.

Q. How many deaths took place in your presence?

A. Three.

Q. But Neff spoke of five deaths at which you were present.

A. There could only have been three.

Q. Why could there only have been three?

A. Because I remember. After all they were deaths and they made a

definite impression on me; I know it.

Q. Why did death in the low-pressure chamber make such an impression on

you?

A. In the innumerable low-pressure-chamber experiments not only

performed by us, but everywhere in Germany in other institutes, we never

had any deaths at all, and the opinion at that time was that any

necessary problem of aviation medicine could be solved without deaths.

Q. Now, how did it happen that you were present at these deaths, since

you say these experiments did not belong to your series of experiments?

A. At the beginning of April or in the middle of April, Rascher told me

for the first time that he was performing experiments with slow

ascension and that he had attempted to work with Fahrenkamp but the work

had been interrupted when the latter was sent away. I said that had

nothing to do with our experiments and was quite unimportant and

uninteresting from our point of view. He admitted that, but said it was

a specific question which especially interested him personally and which

he had to work on. I did not see these experiments, which according to

records here lasted 8 to 10 hours. He probably always performed them on

the days I was absent because these 8 to 10 hours would have interfered

considerably with our experiments. He expanded these experiments and

performed time-reserve experiments at certain altitudes to test the

adaptation which he had been testing before in the slow-ascension

experiments. This was an experiment in which the subject remains at the

same altitude, in contrast to the falling or sinking experiments where

the pressure is constantly increased, that is, when the altitude is

decreased. As his interim reports show, he extended these experiments to

high altitudes and the time reserve was studied either with or without

oxygen. The suggestion for this in part came obviously from other work,

such as that of Dr. Kliches.

I sometimes observed these experiments. He performed them correctly; he

watched the subjects so that there was, in itself, no objection to these

experiments. The only thing was that they interfered with our

experiments from the point of view of time, and Rascher’s lack of

punctuality was a much greater annoyance in this respect. According to

the documents, as well as the witness Neff, Rascher apparently had

deaths in these experiments. The first deaths were evidently unexpected.

In these unexpected deaths the electrocardiogram and the autopsy

findings, together with his reports, apparently gave Himmler the idea

that these experiments should be carried on further, and in addition

that Fahrenkamp should be called in to extend them as far as possible

scientifically. The fact that Himmler was covering them apparently

induced him in my presence to perform experiments which were dangerous,

and in which deaths occurred. The fact that I had been present several

times at previous experiments brought about my presence at that fatal

experiment, too.

Q. Did you not think it unusual that during an experimental series which

you and Rascher were to carry out together, Himmler suddenly gave

Rascher orders for special experiments?

A. Yes. I did not have any specific experience in this direction, but on

principle it is nothing unusual if when two people are working together

on a certain job, one of them receives an additional assignment from his

chief to carry out other work on his own. In addition, Rascher was also

working in Schongau at the same time on behalf of Luftgau VII. I,

myself, had work of my own in the DVL, which my associates were carrying

on and which I inquired about when I happened to be in Berlin. No one

could dispute the fact that Himmler, as Reich Leader SS and Chief of the

German Police and as Rascher’s boss insofar as he was an SS member, had

the right to give assignments to his subordinates and to order them to

carry out experiments on experimental subjects in a concentration camp.

* * * * *

Q. Now, in your opinion, what is the distinction between your presence

at the experiments on rescue from high altitudes and your occasional

presence during Rascher’s experiments?

A. In the experiments on rescue from high altitudes I was not merely

present. I performed the experiments myself. That is, I called the

experimental subjects myself, or sometimes Rascher called them. Of

course, then I explained to the people what they had to do, what they

had to write, what they had to pay special attention to, and that when

they registered the electrocardiogram, in order not to interfere with

it, they had to keep still; and then when the experiment had started I

directed the experiment myself. I watched the altitude of the mercury

indicator, and the calculated speed of ascension and descension, which I

checked with the stop watch. Of course, at the same time I observed the

subject, in other words, the persons in the experiments. In Rascher’s

experiments which were at a certain altitude—that is, the subjects were

ascended to a certain altitude and then remained at that altitude—I

sometimes watched if I happened to be in the low-pressure chamber, but

otherwise he performed these experiments alone just as he did when I was

not present. He even laid great stress on performing them alone. It is

clear to me now that he did not want me to observe any special results;

that is apparently why he performed the other experiments in the evening

or when I was away.

Q. After the first death was there an autopsy?

A. Yes, there was an autopsy.

Q. Did you participate in it?

A. No, I did not participate. I was present and I watched the autopsy.

Q. Why did you watch the autopsy if it was not your experiment?

A. Today, of course, it looks different than it did at the time. It was

a matter of course for me then. Rascher was a colleague of mine. He had

had a fatal accident in his experiments. He asked me to watch the

autopsy, and, of course, I went. I also had a quite natural scientific

interest in the cause of death, and in the findings, and I admit it

frankly, although I am aware of the danger that someone may say I was

interested in the death of the person too, but it happens in every

hospital; all doctors watch the autopsies. If, for example, in the

surgical ward, a patient died after an operation, then the chief

physician, or if he had no time, the senior physician, and the other

doctors who had nothing specifically to do with the patient, watched the

autopsy, and generally even X-ray doctors came over who didn’t know the

patient at all. Besides if I had not been present, that would today be

considered as an incomprehensible lack of interest in the death—if I

had not accepted Rascher’s invitation. If such a death happened during a

centrifugal experiment in our institute, if such an accident had

happened which was not in my field of work, I certainly would have gone

to watch the autopsy. One must learn from the findings; that is one’s

duty as a doctor. One has to look at such things so that one can draw

one’s own conclusions and be able to avoid subsequent accidents.

Q. Did you see any further autopsies of Rascher?

A. No.

Q. Why not?

A. After this death there was a basic change in my attitude toward

Rascher and the plan to break off the experiments, so that in the case

of later deaths I was not present because of this attitude. I do not

believe he invited me to the autopsies either, and under the conditions

in Dachau I could not go there on my own initiative.

Q. Did you ask Rascher how this death came about, or did you warn him

before the death?

A. Yes, I have already said I was present at the experiments just as I

had sometimes been present at the other series of his experiments,

purely out of curiosity, just as in our institute if centrifugal

experiments were performed, I sometimes watched them, too. There was no

reason for distrust but at that time I just watched the experiments out

of curiosity. That was how it happened that I was present by accident at

the experiment and looked at the electrocardiogram of this subject. On

the screen of the electrocardiograph one can see a little point of light

which moves, and that is determined by the heart action. When it seemed

to me that it was getting dangerous, that the heart action was

lessening, I said to Rascher: “You had better stop now.”

Q. And what did Rascher do?

A. Nothing. He kept that altitude and later death suddenly occurred.

Q. When you observed the electrocardiogram was it quite clear to you

that the person would die in the next second?

A. No, of course not. First of all I had never seen a death from high

altitude. That was the first one I ever saw. I couldn’t know that, and,

in the second place, this death certainly resulted from aero-embolism

and, therefore, suddenly. In the third place, the electrocardiogram

change was, shall we say, doubtful. I myself would have stopped the

experiment at this stage but he didn’t. I only spoke up because I would

have stopped the experiment at that moment.

Q. Did you speak to Rascher about this after the experiment?

A. It was not possible for me to object in view of Rascher’s position,

but I told him that such things should not happen.

Q. And what else did you do?

A. After this death I went to Berlin and told Ruff about it. Ruff agreed

with me that death should not be allowed to occur in high-altitude

experiments and it had never occurred before. Since Rascher, however,

performed these experiments for Himmler on men who were condemned to

death, we saw no way of preventing Rascher after we had made an official

report. In general when objections were made Rascher simply referred to

the orders from Himmler and to the fact that he was covered by them. It

was quite impossible to remove the chamber from Dachau against Himmler’s

and Rascher’s will. And to give this death as a reason for removing the

chamber was even more impossible. In the first place, Himmler would not

have reacted. He would certainly not have given up the chamber. He might

have started proceedings for treason or for sabotage of an essential war

experiment. In fact, I had reported this to Ruff against my signature to

the contrary in a concentration camp. Like every other visitor to a

concentration camp I had to sign a statement to the effect that

everything I saw and so forth in the camp would be secret. Besides, at

the beginning of the experiments Rascher had received a special telegram

from Himmler ordering silence about these experiments. A specific

obligation to secrecy was strengthened by this order from Himmler. Since

I had reported the matter to Ruff against the secrecy obligation, I also

had to be covered in this respect, and for this reason again we could

not give the death as the reason for removing the chamber from Dachau,

aside from the fact it would not have met with success.

Therefore, after some consideration we decided that the only possibility

was for Ruff to go to Milch or Hippke and ask to have the chamber

removed, giving the excuse that it was needed at the front. On the other

hand, I was to conclude our experiments quickly so that Himmler could be

told that the experiments were finished and that we could prove this so

that we could claim the right to remove the chamber from Dachau.

Otherwise Himmler would doubtless have ordered the experiments to be

continued until the original goal had been reached, that is, the

clarification of the question of rescue from high altitudes, and he

would doubtless have gone to Goering or even Hitler and arranged to keep

the chamber longer. He would have said that the use of this chamber at

the front was unimportant compared to its use at Dachau in the

experiments, and he would not have released the chamber.

If I myself had not gone back to Dachau, then Rascher would have carried

out the experiments on rescue from high altitudes alone; and he would

doubtless also have continued his own experiments. That was the reason

why I reluctantly went back to Dachau.

Q. Now, what was the purpose of your trip to Berlin?

A. The purpose was this report to Ruff.

Q. Was that the only purpose?

A. Yes.

Q. How did you explain this trip to Rascher?

A. I told Rascher that I was going because of my wife’s condition. My

wife had had a child in March, and that was a good reason for my going

to Berlin.

Q. How long were you in Berlin?

A. Only 1 or 2 days; then I went back to Dachau.

Q. Now, before you left did you make sure whether Ruff had done anything

in response to your report, whether he had done anything to get the

chamber out of Dachau?

A. Yes. Ruff tried to get Hippke but was not able to at that time, so

that I really did not know what was going on and what would be

accomplished.

Q. Did you notice anything special about the chamber when you came back

to Dachau?

A. Yes. When I came back, the barometer was broken, as Neff has already

said; and I had to go right back to Berlin to have the barometer

repaired.

Q. How long did you stay in Berlin this time?

A. As long as the repair required; about 2 weeks.

Q. Then during this time there were no experiments?

A. No.

Q. When did the experiments begin again?

A. The beginning of May or the middle of May I went back with the

repaired apparatus; then we concluded the experiments as quickly as

possible.

Q. Did you abbreviate the program which you had planned, or did you

change it in any way, or did you keep it the way it was?

A. No. We shortened it. We had fewer experiments at the various

altitudes in order to conclude the whole thing as quickly as possible

but in such a way that it was actually completed with adequate results.

Q. When was the second death at which you were present?

A. That was a few days after my return to Dachau.

Q. Did the death of the experimental subject occur in a manner similar

to the first case?

A. In general, yes. I don’t know exactly what happened. As far as I

recall, it was an experiment at a rather high altitude, and death

occurred quicker, more suddenly.

Q. And when was the third death at which you were present?

A. That was right after that, on the next day, or the second day.

Q. After these deaths, did you ever have any arguments with Rascher

about his experiments and the way in which he performed them?

A. Yes, we had some minor arguments resulting from my objections, which

he always refused to accept; but after the third death when I started to

object again, he said first that Himmler had ordered it and I wasn’t to

interfere. When I later brought the subject up once more, he lost his

patience, and we got rather excited. I asked him why he was carrying out

these experiments; what he wanted to achieve. He said he wanted to

clarify the problem of caisson diseases, that is bends or aero-embolism,

because Himmler had ordered it. He was the first man to prove these air

bubbles in the blood during an autopsy under water. Also the question of

the electrocardiogram in bends and altitude sickness had to be clarified

as Himmler had given him a special assignment for it, and Fahrenkamp was

to do this work together with him. In addition he wanted to qualify as a

professor with Schittenhelm through this work.

Then he brought out a letter and read to me that the experiments were to

be continued; that Professor Fahrenkamp was to be called in; and that

people condemned to death who survived the experiments would, of course,

be pardoned. Then he held the letter out to me and asked me whether I

could read Himmler’s signature and whether I wasn’t satisfied with that.

Q. Was this the letter 1971-B-PS, Prosecution Exhibit 51?

A. Yes, 1971-B-PS, as Prosecution Exhibit 51.

Q. And what does this letter indicate?

A. Well, it showed that Himmler had actually ordered these experiments

and that he, therefore, had complete official coverage, that the

subjects were to be pardoned. It says in the letter: “Of course the

person condemned to death shall be pardoned to concentration camp for

life.” Then it says that Fahrenkamp is to be consulted. On the next page

it says that this order from Himmler goes to the Chief of the Security

Police and the SD and to SS Brigadefuehrer Gluecks, with a copy for

their information.

Q. Did Rascher give you any further explanation of this letter?

A. Since this letter prevented me from doing anything, I calmly asked

him what idea he had of these experiments, what he wanted to do, what he

wanted to achieve. He said that Dr. Fahrenkamp would help him and that

he would have electrocardiograms for heart failure from the most various

reasons and would compare them with electrocardiograms in the case of

death at high altitudes with the change in severe altitude sickness and

with later recovery. In addition, in the hospital in Munich he had taken

electrocardiograms in cases of heart failure. In Dachau, he said, he had

also registered electrocardiograms when there were executions by

shooting. If he really had evaluated all this material together with a

heart specialist, then it would, of course, have been quite valuable.

* * * * *

Q. Now, did you do anything, and what did you do in order to stop

Rascher’s experiments and did you incur any danger and, if so, what?

A. What I did against Himmler’s orders and against my signed promise to

keep secrecy, the fact that I reported the incidents to my boss who

passed the information on—all this was dangerous. One probably

understands enough about conditions under Himmler to realize that. The

witness Neff has described my attitude to Rascher’s experiments. He

confirmed that I intervened in one case when he was present. Perhaps he

knows nothing about my other objections. In general, the discussions

between Rascher and myself did not take place in the presence of the

prisoners. The low-pressure chamber was removed from Dachau earlier than

intended at our instigation. Against Rascher’s and Himmler’s wishes, it

was never returned to Dachau. The extent of the accusations made by the

SS in this direction is shown by the document. These efforts begin with

Wolff’s telegram to Milch on 12 May, which is answered in the negative

in Milch’s letter of 20 May. (_343-A-PS, Pros. Ex. 62._) In answer to

further efforts from Himmler, Milch ordered that the chamber was to

remain 2 months longer in Dachau. (_NO-261, Pros. Ex. 63._) At this

time, we had already removed the chamber. On 5 June, Rascher again

writes to Himmler about the low-pressure chamber. Document NO-284,

Prosecution Exhibit 64, is the answer to this letter of 5 June. The

letter itself is, unfortunately, not available. This letter, no doubt,

says that the chamber was removed from Dachau in May, while the

prosecution alleges that the experiments continued until August. Then

there is a certain pause in Rascher’s and Himmler’s efforts, because

Rascher is busy with the cold experiments. When the film is shown in

Berlin in the Air Ministry, Rascher does not forget to tell Milch again

of his wishes in regard to the low-pressure chamber. But hardly has the

first phase of the cold experiments—the series with Holzloehner—been

finished, when he writes to Himmler again on 9 October. (_1610-PS, Pros.

Ex. 73._) He asks Himmler to get him the low-pressure chamber so that he

can continue his experiments and qualify as a professor. In the letter

of 21 October 1942 (_NO-226, Pros. Ex. 75_), Sievers writes to Brandt

about the continuation of the high-altitude experiments which Himmler

wants, but knowing of the existing difficulties, or for other reasons,

he adds that Himmler will no doubt have to write to Milch personally in

order actually to get the chamber. This happens on 27 November 1942

(_NO-269, Pros. Ex. 78_)—a letter from Wolff to Milch, on behalf of

Himmler. The definite request for the low-pressure chamber, which is

expressed in this letter, is given definite emphasis by mention of the

opposition of the Luftwaffe doctors. I learned from a telephone call

from Sievers, which he mentioned in his testimony, that he was to buy a

low-pressure chamber for Rascher on behalf of Himmler. I was greatly

astonished at this telephone call at the time, because I knew very well

that Rascher certainly didn’t want to have this made public in any way.

Now, this telephone call has been cleared up. Then I informed Ruff of

this call and he had Becker-Freyseng take further steps, as he said here

yesterday. In an official letter to various SS agencies, dated 13

December 1942 (_1612-PS, Pros. Ex. 79_), Rascher is given the assignment

by Himmler personally to carry out high-altitude experiments. On 14

March 1943 (_NO-270, Pros. Ex. 110_), Rascher tells of his discussions

with Hippke and again says that he wants to carry out low-pressure

chamber experiments, together with me; and finally, on 18 November 1943

(_NO-1057, Pros. Ex. 463_), he tries again, through the Reich Research

Council in agreement with Himmler, to get a mobile low-pressure chamber

in order to carry out experiments. Those are Rascher’s and Himmler’s

efforts but, nevertheless, Rascher never again had a low-pressure

chamber at his disposal for experiments.

Q. Well, what do you want to prove by these statements?

A. This no doubt proves clearly how great Rascher’s and Himmler’s

efforts were and that my conduct under these circumstances was not only

not cowardly, but that it was much more clever and much more successful.

Even if I had had any legal obligations to prevent him by force, if I

had had any obligations to attack Rascher and if I had tried and been

unsuccessful, then I would have been locked up or killed and Rascher

would have been able to continue his experiments for a long time without

any restriction.

Q. At that time, was there any possibility in Germany to resist, and in

what did you see such possibility?

A. There were only three types of resistance possible. First of all,

emigration for a person who was able; second, open resistance which

meant a concentration camp or the death penalty, and to my knowledge,

never met with any success; third, passive resistance by apparent

yielding, misplacing and delaying orders, criticism among one’s friends,

in short, what writers today call “internal emigration.” But that really

doesn’t have much to do with the question. As far as the direct question

of prevention is concerned, I would like to say something more. To take

a comparison from the medical field, it is unknown to me and I cannot

imagine, for example, that an assistant of a scientific research worker

who is performing infections with a fatal disease, for example, leprosy,

on a prisoner, that this assistant should prevent the scientist from

carrying out this infection by force—perhaps by knocking the hypodermic

syringe out of his hand and crying “You mustn’t do that, the man might

die!” I could imagine that some assistant might, for personal reasons,

refuse to participate in such experiments, but I cannot imagine that if

there were a trial against this doctor the prosecution would demand that

the assistant should have prevented the scientist in this manner.

Q. Then, you are convinced that prevention by force was impossible?

A. Yes.

Q. But could you not have filed charges, for example, with the police or

with the public prosecutor, against Rascher?

A. Yes, of course, I could have, but if I had gone there and said,

“Rascher has performed experiments ordered by Himmler—by the Chief of

the German Police and whatever else he was—the Reich Leader SS, the

State Secretary in the Ministry of the Interior,” they would probably

have said: “Well, we can’t do anything about it. If he has orders, then

we can’t do anything about it.”

* * * * *

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[18] Jews who had had sexual intercourse with German women with their

consent.

[19] Very similar arguments were advanced by counsel for defendant

Romberg.

[20] The witness Neff was called to testify as a Tribunal witness and

not as a prosecution witness.

[21] See Vol. II, judgment is case of United States _vs._ Erhard Milch.

[22] Last sentence is crossed out and replaced by one in German

shorthand.

[23] Translator’s Note: “Terminal” as used here means “resulting in

death”.

[24] These studies were carried out in conjunction with the research and

educational society “Ahnenerbe.”

[25] Complete testimony is recorded in mimeographed transcript, December

17-18, 1947, pp. 595-695.

[26] Complete testimony is recorded in mimeographed transcript, March

24, 25, and 26, 1947, pp. 4869-4994.

[27] Complete testimony is recorded in mimeographed transcript, May 1,

2, 3, 4, 5, and 6, 1947, pp. 6764-7032.

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 181 / 486 题