[Signed] PROF. DR. HANS LUXENBURGER
The above signature of Professor Dr. med. Hans Otto Luxenburger,
residing in Munich, 22 Liebigstrasse 35/II, given before me, Notary,
Theobald Petri, Administrator, is herewith certified and attested.
Munich, 24 March 1947.
[Signed] _Petri_, Notary
(Theobald Petri), Notary
Administrator of the Notary’s Office, Munich
XVII
Seal
I certify that the above document is a true and correct copy. Nuernberg,
10 April 1947.
[Signature] Dr. HANS FRITZ
(Dr. Hans Fritz)
Defense Counsel
PARTIAL TRANSLATION OF ROSE DOCUMENT 50
ROSE DEFENSE EXHIBIT 49
EXTRACT FROM THE AFFIDAVIT OF PROFESSOR DR. ERNST GEORG
NAUCK, M. D., HAMBURG 4, BERNHARD-NOCHT-INSTITUTE FOR
NAUTICAL AND TROPICAL DISEASES
* * * * *
Experimental infections of human beings with malaria tertiana (mild
tertian malaria) have proved to be harmless and have very frequently
been carried out on voluntary experimental subjects. It is well known
that artificial infection with tertiana is also carried out as a cure
against other diseases (paralysis, rabies). If the artificial infection
is carried out carefully and under medical supervision, death or
permanent damage to health should not occur. If the experiment with
malaria tertiana, as carried out by Claus Schilling, was carried out
with the same care, no danger to the experimental persons should have
been entailed. Since Claus Schilling was a prominent scientist of
international fame, it must be assumed that he carried out his
investigations with the intention or the knowledge not to harm human
life. This we find confirmed in the following:
1. Stitt’s diagnosis, Prevention and Treatment of Tropical Diseases, by
Richard P. Strong, 7th edition, London, H. K. Lewis & Co., Ltd., 1945,
page 59:
“The question of the occurrence of immunity in malaria has been
extensively studied in recent years, not only from the
epidemiologic standpoint but from experimental inoculations
which have been carried on in both men and animals. However, in
interpreting the results of the inoculations in man which have
been carried out by direct injection of blood containing
schizonts or by the injection of sporozoites from mosquitoes or
by the bites of infected mosquitoes, many factors regarding the
virulence or number of the parasites inoculated, the species and
conditions of infectivity of the mosquitoes, the temperature at
which they have been kept, and other factors, must be taken into
consideration in drawing conclusions with regard to the
susceptibility of individuals to infection. Much of the work is
still in the experimental stage, though some definite progress
has recently been made.”
* * * * *
EXTRACTS FROM THE TESTIMONY OF PROSECUTION WITNESS
AUGUST H. VIEWEG[37]
_DIRECT EXAMINATION_
* * * * *
MR. HARDY: While you were an inmate at the concentration camp, did you
ever undergo any medical experiments?
WITNESS VIEWEG: I was used for malaria experiments by Professor
Dachfinney at the Dachau concentration camp.
Q. How many times were you subjected to the malaria experiments by Dr.
Schilling?
A. On five occasions I received injections of 5 cubic centimeters of
highly infectious malaria blood.
Q. Would you kindly tell the Tribunal what effect these experiments had
on you; that is, did you have high fever, serious illness, and so forth?
A. Quite often I ran a very high temperature. I got into a very
exhausted condition, and after the injection I received large doses of
medical drugs, quinine, ephedrine, and many others. I was in bed for
weeks, and after one treatment there were 20 to 26 occasions in the
course of the years 1943, 1944, 1945, and 1946, when I had malaria
attacks, so that for a long time I was unable to work.
Q. At the present time, do you have recurrences of this malaria fever?
A. This last year I was in the hospital from August 1st to 15th, again
with malaria attacks.
Q. How many recurrences of malaria have you endured since you were
experimented on by Dr. Schilling?
A. After my treatments in the experimental station had been concluded I
stayed with Dr. Schilling, and there were 20 occasions when I was
treated for recurrences.
Q. Are you completely cured now, Witness?
A. No.
Q. After you had undergone the various experiments at the hands of Dr.
Schilling, did you then become a worker in Dr. Schilling’s laboratory?
A. After my first so-called immunization treatment had been concluded,
the chief medical officer of that department sent me over to Dr.
Schilling’s department for laboratory duties.
Q. On what date did you assume those duties?
A. I am afraid I can’t tell you that exactly, but it must have been on
or about August 1942.
Q. What were your duties in Dr. Schilling’s experimental station?
A. In Dr. Schilling’s department I was in charge of animals. In other
words, I cultivated animals, white mice, and canaries; in fact, I was in
charge of that department.
Q. Did you have any other or additional duties, such as file clerk or
typist, Witness?
A. For a certain period, I substituted for the clerk and I was in direct
contact with Dr. Schilling on various occasions. I had a certain amount
of business with the chemistry department, purchases from Dachau, and I
was also in charge of the detachment which had to search the water near
Dachau for anopheles mosquitoes.
Q. While with Dr. Schilling, did you have the opportunity to read any of
Dr. Schilling’s correspondence?
A. I had frequent occasions to see the reports which Dr. Schilling sent
in every 3 months, and sometimes I saw the answers which Dr. Schilling
received from Berlin, as well as from some other chemical manufacturers.
Q. Witness, can you recall to whom those reports were sent, in Berlin?
A. These quarterly reports, which Dr. Schilling used to prepare, went to
the SS Obergruppenfuehrer Dr. Grawitz, Reich Medical Officer.
Q. You have referred to the fact, today, that you saw some of the
answers Dr. Schilling received from Berlin; who was the originator of
those letters that Dr. Schilling received from Berlin?
A. As far as I can recollect, these replies were sent to Professor
Schilling by Dr. Grawitz.
Q. Do you know where Dr. Schilling received his material to be used in
this research, that is, infected blood for the malaria experiments, fly
eggs, and so forth?
A. I can remember that Dr. Schilling received malaria fly eggs,
so-called eggs from which he bred other flies, from Duesseldorf; they
came from an insane asylum, but I can’t remember the name, and some from
the Medical Institute at Rome that used to receive eggs. In fact, his
material used to come from Berlin. According to my memory, it came from
Professor Rose, and also from Athens; but I am afraid I cannot recollect
the name there.
Q. Do you know whether Professor Rose had any correspondence with Dr.
Schilling?
A. I remember that in connection with previous breeding attempts we were
not too successful, and subsequently I saw a number of letters given to
a stenographer by Dr. Schilling. They were addressed to Professor Rose.
He was making certain explanations in them regarding certain types of
insects, in connection with which my name was used. I am certain it went
to Berlin and I am certain that answers were received on numerous
occasions.
Q. Did Dr. Schilling ever send any reports of these experiments to
Professor Rose, to your knowledge?
A. Whether he sent reports about malaria patients, I don’t know. At any
rate, as far as these fly-breeding experiments are concerned, he had
sent reports. I know that for certain.
* * * * *
Q. Witness, we will go back to the malaria experiments for the moment.
What was the nationality of the people used for the malaria experiments,
what type of people were they?
A. The biggest proportion, approximately two hundred patients, used for
the malaria experiments were Germans, a large proportion were Polish
priests, and the rest were partly Russians, some Yugoslavs, and some
Poles.
Q. Were any prisoners of war used in these experiments?
A. Of the Russians, many were prisoners of war.
Q. What was the total number of people used in these malaria experiments
from your knowledge?
A. According to my knowledge, 1,084 experimental subjects were used for
the malaria experiments.
Q. Will you kindly tell us, Witness, how many of these subjects used in
the malaria experiments died as a result of the experiments?
A. According to my knowledge seven or eight died at the malaria station,
either directly or because of the treatment with drugs. I can describe
the details if you like. The first case was an Austrian who afterwards
became ill because of these malaria experiments. The assistant at that
time, Dr. Brachtel, who was at the same time the deputy physician at the
hospital, made a liver puncture and the patient bled to death.
Q. Witness, then you state from your knowledge that seven or eight died
from the experiments. Of that number who died, did the deaths occur in
the malaria station itself?
A. This was the number of dead who were not transferred by us to another
department, but who died at our station or a few hours after they had
been transferred to another station.
Q. Have you any knowledge as to what happened to some of the other
patients who were transferred to some other station after they were
experimented on? That is, did some others die after they were
experimented on?
A. Of our patients, during the years after they came to us for
observation, I can recollect that another 60 patients died. I cannot say
for certain they died of malaria or other results of the experiments.
* * * * *
_CROSS-EXAMINATION_
DR. FRITZ: I have a few questions to ask the witness. Witness, on Friday
you seemed to be fairly well acquainted with certain malaria questions,
obviously on the basis of knowledge gained with Professor Schilling. I
would now like to ask you the following questions concerning some very
important details: During your examination by the prosecuting counsel
you spoke of certain regrettable incidents. A number of deaths had
occurred during the course of the malaria experiments conducted by
Professor Schilling. At the time you mentioned about seven cases, but
you only described one in detail. The patient had yellow fever in
addition to malaria and then bled to death because the liver was
punctured. I now ask you to tell me something about the reasons for the
other six deaths.
WITNESS VIEWEG: The other six patients were the so-called “medicament
death” cases. One patient died as a result of the salvarsan drug. The
other one died as a result of the so-called “periphery” experiment, and
the last four died as the result of a pyramidon experiment.
Q. Were the patients who, after being released from the station of
Schilling, suffered relapses sent back to Professor Schilling’s station?
A. If they reported back to us, they were taken back to the station.
Q. In that case did any patients die in Professor Schilling’s department
who later on had malaria or relapses?
A. Patients who were in danger of death were transferred to another
station.
Q. Do you remember whether malaria tertiana is a fatal illness?
A. As far as I know nobody with us died of malaria tertiana. The deaths
were a result of the secondary diseases which appeared because of the
drugs used in the malaria experiments.
Q. Did Professor Schilling say anything to you about these fatal cases
which were under his responsibility and observation, and if so, what?
A. The first two cases, the patient who died as a result of the
punctured liver and the one who died because of the salvarsan injection,
Dr. Schilling regretted very deeply. He tried to prevent such happenings
as much as possible. In the last four cases, concerning the pyramidon
experiment, he was told that the patients were in a very bad condition.
Nevertheless, he insisted that they continue to receive the pyramidon
drugs—I think it was 3 grams per day—and when these patients arrived
at the delirium stage, they were transferred from our ward shortly
before their death.
Q. And now something else. On Friday you testified that Dachau received
anopheles from Dr. Rose’s institute and that there was an exchange of
correspondence about the difficulties you had in breeding these eggs. Do
you know where Dr. Rose worked, in which institute?
A. I think these letters were addressed to the Robert Koch Institute in
Berlin.
Q. Do you know from this correspondence whether these replies came from
Dr. Rose personally or from his assistant?
A. That I cannot state from memory. I recall one reply from a lady who
was in charge of the breeding of these eggs in Berlin.
Q. That was probably an assistant who had worked with Rose for many
years?
A. Yes, but I think Professor Schilling first turned to Professor Rose,
and probably the replies primarily came from Professor Rose.
Q. Can you remember the name of the lady?
A. No.
Q. Do you know with whom Dr. Schilling had dealings and correspondence
in addition to Dr. Grawitz and Dr. Rose?
A. I cannot remember. I know that he corresponded with an institution in
Duesseldorf called Graefenrad or something like that, and he requested
the breeding of these eggs there, and they sent us flies, live flies.
Q. Did you have the name “Rose” in mind, or did you only recall his name
when you were first examined?
A. No. The name “Rose” remained in my recollection because I, myself,
was infected with the malaria called “Rose”. He had these various
immunization groups, the so-called malaria stock, which had various
different names, and I was with a group which was infected with a
so-called Rose Culture.
Q. You have testified before that you received eggs from Rome. You could
not however remember the name. Was it perhaps Professor Vissireli, Dr.
Rosni, or Dr. Raphaeli?
A. I think it was Vissireli.
Q. Did you also receive these eggs from Hamburg?
A. We received no eggs from the Tropical Institute in Hamburg, but
Professor Schilling corresponded with that Institute.
Q. Can you remember in which year you received these eggs from the
Robert Koch Institute, or rather from Professor Rose?
A. It was in the summer of 1942.
Q. You have told us about a number of these flies which you had to breed
in the vicinity of Dachau. Were you present?
A. There was one special detachment for this purpose, including an SS
man and one or two inmates. That was in the swamps surrounding Dachau
during the summer months. Various water tests were made, and according
to the degree of heat of the swamps, Dr. Schilling ordered the waters to
be infected with a mixture of pig food. This special detachment went
around the cellars of the Dachau camp during the winter months and
worked on that matter. Our laboratories then examined these anopheles
flies, and used them for breeding purposes.
Q. Can you state anything about the quantities caught?
A. It varied in the winter—sometimes they brought 10, sometimes 30 to
50, and sometimes 60.
Q. Did your department in Dachau deliver any such eggs to other
departments?
A. We delivered such eggs on one occasion, but I cannot remember where.
Q. I now come to the question of malaria culture. From where did
Professor Schilling receive his malaria cultures?
A. I cannot say exactly. I know that he received malaria cultures from
Essen and from Berlin. But this was in February 1942, when I had not yet
arrived at the ward. I remember we had 12 different malaria cultures. I
know that Professor Schilling used one, and another man used one—I
think his name was Flugg—in order to give one such culture the name of
“Flugg.”