8. EPIDEMIC JAUNDICE EXPERIMENTS

a. Introduction

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

Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Rose, and Becker-Freyseng

were charged with special responsibility for and participation in

criminal conduct involving epidemic jaundice experiments (par. 6 (H) of

the indictment). During the trial the prosecution withdrew this charge

in the case of Sievers, Rose, and Becker-Freyseng. On this charge only

the defendant Karl Brandt was convicted, and the defendants Handloser,

Rostock, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, and Poppendick

were acquitted.

The prosecution’s summation of the evidence on the epidemic jaundice

experiments is contained in its final briefs against defendants

Handloser and Schroeder. Extracts from these briefs are set forth below

on pages 494 to 498. A corresponding summation of the evidence by the

defense on these experiments has been selected from the final plea for

the defendant Handloser. It appears below on pages 499 to 503. This

argumentation is followed by selections from the evidence on pages 503

to 508.

b. Selections from the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT HANDLOSER_

* * * * *

_Epidemic Jaundice_

Following the attack on Russia, epidemic jaundice (hepatitis epidemica)

became a disease of major proportions for the German Wehrmacht. (_Tr. p.

2707._) In some units, casualties up to 60 percent were reported from

this disease. (_NO-010, Pros. Ex. 187._) Accordingly, an intensive

effort was made to discover the causes of and vaccinations against

epidemic jaundice. Dohmen and Gutzeit of the Army Medical Inspectorate

and Haagen of the Medical Service of the Luftwaffe were among the

doctors working on this subject.

Dohmen and Gutzeit were attached to the Military Medical Academy and

directly subordinated to Schreiber. (_Tr. p. 2752._) The Military

Medical Academy was, of course, subordinated to Handloser as Army

Medical Inspector. (_Tr. p. 2740._) Gutzeit was also consulting

internist to Handloser. (_Tr. p. 2700._) Dohmen was one of the first to

isolate a virus which was claimed to be the cause of jaundice. This was

accomplished by inoculating animals with germs taken from human beings

suffering from the disease. (_Tr. p. 2695._) However, considerable

divergence of opinion still existed as to whether jaundice was caused by

bacteria or a virus. (_Tr. p. 3045._) On 1 June 1943, Grawitz, Reich

Physician of the SS, requested Himmler to make concentration camp

inmates available for infection by Dohmen with his virus. He stated that

cases of death among the experimental subjects were to be anticipated.

(_NO-010, Pros. Ex. 187._) It was not stated whether the deaths were to

be brought about for the purpose of performing autopsies (as in the

cases of the high-altitude experiments), or whether they were to be

expected from the disease itself (as in the cases of the typhus

experiments).

Himmler consented to the use of eight Polish Jews, who had been

condemned to death in the Auschwitz concentration camp, and to Dohmen’s

conducting the experiments. (_NO-011, Pros. Ex. 188._) The experiments

were carried out by Dohmen in the Sachsenhausen concentration camp, and

according to the affidavit of the defendant Rudolf Brandt, some of the

experimental subjects died as a result. (_NO-371, Pros. Ex. 186._) Even

the defense witness Gutzeit, who collaborated closely with Dohmen,

admits that Dohmen worked in Sachsenhausen, but stated that this was

merely a ruse to avoid turning over the jaundice virus to Grawitz, and

in reality no infection experiments were performed. (_Tr. p. 2722._)

Gutzeit did not explain, however, why Dohmen, who was in no way

subordinated to Grawitz, should have engaged in such ridiculous

scientific “horseplay.” (_Tr. p. 2758._)

In weighing the credibility of the testimony of Gutzeit, consideration

should be given to the fact that he was a member of the SS himself and

that he was closely associated with Dohmen in his work. (_Tr. p. 2760._)

In June 1944, a conference of experts was called by Handloser for the

purpose of coordinating jaundice research. This conference took place at

Breslau and was presided over by Schreiber. (_Tr. p. 7252._) Handloser,

Gutzeit, and Haagen, a consulting hygienist of the Air Fleet, were all

present at this conference. (_Tr. p. 2717._) Schreiber assigned groups

of physicians to work together on jaundice problems. Dohmen, Gutzeit,

and Haagen were assigned to one of these groups. (_Tr. p. 2717._) On 12

June 1944, Haagen himself requested Schreiber to assign Dohmen to work

with him. Generalarzt Schreiber at that time was commander of the

Military Medical Academy. (_NO-299, Pros. Ex. 190._) Schreiber complied

with this request. (_NO-300, Pros. Ex. 191._)

On 24 June 1944, Gutzeit wrote to Haagen that he was also requesting

Schreiber to assign Dohmen to Haagen. He went on to state that he was

making preparations for experiments on human beings and he wanted Haagen

to supply him with his virus material. (_NO-124, Pros. Ex. 193._) Haagen

replied to Gutzeit’s letter on 27 June 1944 stating that he was glad

that Dohmen would be assigned to him as of 15 July. He further stated

that he was working with Kalk, Buechner, and Zuckschwert, all officers

of the Luftwaffe, on jaundice problems and that he had arranged with

Kalk to conduct human experiments with his material. (_NO-125, Pros. Ex.

194._) On the same date Haagen wrote to his collaborator Kalk, who was

attached to the staff of the defendant Schroeder, stating as follows:

“In the enclosure I send you a copy of a letter from Gutzeit and

my reply. We must proceed as soon as possible with the

experiments on human beings. These experiments, of course,

should be carried out at Strasbourg or in its vicinity. Could

you in your official position take the necessary steps to obtain

the required experimental subjects? I don’t know what sort of

subjects Gutzeit has at his disposal, whether they are soldiers

or other people.” (_NO-126, Pros. Ex. 195._)

The remark about “other people” is an obvious reference to concentration

camp inmates, upon whom Haagen had long since been experimenting with

virulent typhus virus, while the reference to “Strasbourg or in its

vicinity”, indicates the concentration camp Natzweiler. (See typhus

experiments _supra_.) Herr Kalk and his chief, the defendant Schroeder,

were well advised on how to procure concentration camp inmates for

medical experiments because only a few weeks before Schroeder himself

had requested inmates from Himmler for the sea-water experiments.

(_NO-185, Pros. Ex. 134._)

The record shows that Dohmen did in fact go to Strasbourg to work with

Haagen on the direct orders of Schreiber. (_Tr. p. 2752._) Handloser was

advised of this collaboration of Dohmen and Haagen. (_Tr. p. 2757._)

Still another series of jaundice experiments was planned with which

Handloser was connected. On 29 January 1945 Mrugowsky wrote to Grawitz

as follows:

“Hauptsturmfuehrer Professor Dr. Dresel, Director of the

Hygienic Institute of the University of Leipzig, has cultivated

a virus from persons suffering from hepatitis and succeeded in

transplanting it on animals.

“It is necessary to make experiments on human beings in order to

determine the fact that this virus is indeed the effective virus

hepatitis epidemica. The plenipotentiary for research on

epidemics in the Reich Research Council therefore addressed

himself to me with the request to carry out the above

experiments.

“I am asking you to obtain authorization from the Reich Leader

SS to carry out the necessary experiments on 20 suitable

prisoners who have hitherto never suffered from hepatitis

epidemica, at the typhus experimental station of the

concentration camp in Buchenwald.” (_NO-1303, Pros. Ex. 467._)

The plenipotentiary for research on epidemics in the Reich Research

Council who requested these experiments on concentration camp inmates

was Generalarzt Schreiber, at the same time commander of Lehrgruppe C of

the Military Medical Academy under Handloser. (_Tr. p. 5402._) Schreiber

had been designated by Handloser for the very purpose of coordinating

jaundice research, and the meeting in Breslau was called to that end.

In view of this evidence outlined above, it can only be concluded that

the jaundice experiments were carried out by subordinates of the

defendant Handloser with his knowledge and approval.

* * * * *

_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT

SCHROEDER_

* * * * *

_EPIDEMIC JAUNDICE EXPERIMENTS_

In June 1944 a conference of experts was called for the purpose of

coordinating jaundice research. This conference took place at Breslau

and was presided over by Schreiber. (_Tr. p. 2752._) Handloser, Gutzeit,

and Haagen were all present at this conference. (_Tr. p. 2717._) Haagen

admitted during cross-examination that experiments on human beings were

discussed. That criminal experiments on concentration camp inmates were

discussed is clear from the fact that Schreiber in January 1945

personally requested Mrugowsky to make available inmates for hepatitis

experiments by Dr. Dresel. (_NO-1303, Pros. Ex. 467._) Schreiber

assigned groups of physicians to work together on jaundice problems.

Dohmen, Gutzeit, and Haagen were assigned to one of these groups. (_Tr.

p. 2717._) On 12 June 1944 Haagen himself requested Schreiber to assign

Dohmen to work with him. Generalarzt Schreiber at that time was

commander of the Military Medical Academy under Handloser. (_NO-229,

Pros. Ex. 190._) Schreiber complied with this request. (_NO-300, Pros.

Ex. 191._)

On 24 June 1944 Gutzeit wrote to Haagen that he was also requesting

Schreiber to assign Dohmen to Haagen. He went on to state that he was

making preparations for experiments on human beings and he wanted Haagen

to supply him with his virus material. (_NO-124, Pros. Ex. 193._) Haagen

replied to Gutzeit’s letter on 27 June 1944 stating that he was glad

that Dohmen would be assigned to him as of 15 July. He further stated

that he was working with Kalk, Buechner, and Zuckschwert, all officers

of the Luftwaffe, on jaundice problems and that he had arranged with

Kalk to conduct human experiments with his material. (_NO-125, Pros. Ex.

194._) On the same date Haagen wrote to his collaborator Kalk, who was a

consultant to defendant Schroeder and a specialist on hepatitis (_Tr. p.

3632_), stating as follows:

“In the enclosure I send you a copy of a letter from Gutzeit and

my reply. We must proceed as soon as possible with the

experiments on human beings. These experiments, of course,

should be carried out at Strasbourg or in its vicinity. Could

you in your official position take the necessary steps to obtain

the required experimental subjects. I don’t know what sort of

subjects Gutzeit has at his disposal, whether they are soldiers

or other people.” (_NO-126, Pros. Ex. 195._)

The remark about “other people” is an obvious reference to concentration

camp inmates, upon whom Haagen had long since been experimenting with

virulent typhus virus, while the reference to “Strasbourg or in its

vicinity”, indicates the concentration camp Natzweiler. The witness Olga

Eyer, secretary to Haagen, testified that prisoners were requested for

the epidemic jaundice experiments. (_Tr. p. 1759._) Haagen would have

the Tribunal believe that he referred to Freiburg and Heidelberg which

are 60 and 100 kilometers respectively from Strasbourg, while Natzweiler

was only a few kilometers away. (_Tr. p. 9579._)

Herr Kalk and his chief, the defendant Schroeder, were well advised on

how to procure concentration camp inmates for medical experiments

because only a few weeks before Schroeder himself had requested inmates

from Himmler for the sea-water experiments. (_NO-185, Pros. Ex. 134._)

* * * * *

c. Selection from the Argumentation of the Defense

_EXTRACT FROM THE FINAL PLEA FOR DEFENDANT

HANDLOSER_[54]

* * * * *

_Epidemic Jaundice_ (_Hepatitis_)

The problem of experiments in the field of hepatitis research consists

in finding the most efficient treatment of the disease and identifying

the virus in order to evolve a vaccine.

Discussions of this problem were extensive during this trial. The

indictment on this point applies only when experiments on human beings,

as understood by the prosecution, such as infection with jaundice germs,

could have effects detrimental to health. On this the experts,

Professors Gutzeit and Rose, have expressed their opinions. Professor

Gutzeit, as one of the foremost specialists for problems connected with

epidemic jaundice, on the basis of his extensive practical clinical

experience and experiments on his own person, has described the effects

as follows:

“As far as I, as clinical physician, can judge, the development

of vaccines, and of experiments to gain these vaccines, is

harmless. This harmlessness is shown by the fact that

spontaneous outbreaks of jaundice are not dangerous in

themselves. Like every other vaccine, a potential vaccine which

is being developed for or against hepatitis may cause harmless

local reactions on the place of vaccination.”

Furthermore he said, “it (epidemic jaundice) is a harmless disease”

(_German Tr. p. 2761_); “it has no damaging after-effect on the liver.”

(_German Tr. p. 2763._) Professor Rose has expressed his expert opinion

in the following words: “Hepatitis epidemica as such is not considered a

dangerous disease by hygienists.” (_German Tr. pp. 5433, 5434._) Then he

continues that naturally, just as in the case of a nasal cold, so in the

case of hepatitis, complications may arise as after-effects, “but no one

would consider hepatitis as a dangerous disease for that reason.”

(_German Tr. p. 6454._) As to the experiments, Professor Rose says:

“In Germany, experiments with hepatitis virus have been carried

out by Eppinger, Vogt, Esser, and Lembel and no incidents

occurred. All experiments took place without ill effects. This

is, of course, very limited experimental material, but material

concerning hundreds of cases which permit a more accurate

judgment has been published in England and America. Up to date I

have knowledge of about 60 experiments on human beings for

hepatitis and no single incident has been reported yet.”

The prosecuting counsel furnished no proof in this trial that infection

experiments with jaundice organisms on unwilling persons took place at

all in the concentration camps. Whereas in the case of the other facts

the prosecution produced medical records or a witness to prove that such

experiments had been carried out, this was not possible with regard to

epidemic jaundice. Proof was limited to the presentation of documents

which one must admit might have given any layman, or even a doctor who

was not a hygienist or a clinical physician, the impression that the

experiments in question must have been dangerous. The letter of Dr.

Grawitz dated 1 June 1943 to Himmler (_NO-010, Pros. Ex. 187_) contains

the sentence, “We must expect deaths.”

According to the expert opinions expressed by Rose, Gutzeit, and Hoering

this view is incorrect and incomprehensible. The experts exclude in

practice all possibility of death. Rose declares (_German Tr. p. 6455_):

“Grawitz, who had only concerned himself for years with the

business of administration, did not have sufficient

understanding of the matter,” or “that he was cautious to an

exaggerated degree * * *.”

Professor Gutzeit (_German Tr. p. 2764_) says of Document NO-010,

Prosecution Exhibit 187:

“The only way I can explain it to myself is that Grawitz himself

was not sufficiently informed about this jaundice, the course of

the disease, and its danger. Certainly Grawitz was no specialist

on this matter, this jaundice, and has for a considerable time

been out of touch with practical medicine.”

Professor Gutzeit gives the mortality figure for jaundice as less than

0.1 percent; finally he declares (_German Tr. p. 2762_) that severe pain

and suffering, such as mentioned in the indictment, do not occur when a

patient is injected with jaundice organisms. A layman can also

understand that over-injection can only produce at the most the disease

itself, the effects of which have already been represented as harmless.

As already stated, the prosecution furnished no concrete assertions that

the intended experiments were made in Sachsenhausen. Here we are

speaking of the time from June 1942. At this time Stabsarzt Dr. Dohmen

was allowed to work in the concentration camp at Sachsenhausen in

accordance with permission given by Himmler. Professor Gutzeit worked

together with Stabsarzt Dr. Dohmen insofar as he conducted the hepatitis

research work from the clinical side, while Dr. Dohmen was occupied with

basic bacteriological research, in the Robert Koch Institute where he

was stationed at the time in question and worked under Professor

Gildemeister. Evidence was given by Professor Rose (_German Tr. p.

6468_) and Dr. Lentz. (_Rose 16, Rose Ex. 12._)

As a result of the mutual exchange of experience which took place, we

must assume that Professor Gutzeit was informed about Dohmen’s research

work in this field. Gutzeit also testified upon oath what Dohmen had

reported to him about his activity in Sachsenhausen. According to this,

Dohmen was only able to escape pressure from Himmler and Grawitz to

leave him his breeding stocks by apparently acceding to the offer that

he should conduct experiments in Sachsenhausen, but in actual fact

undertaking experiments only on prisoners of concentration camps which

could be carried out without any risk of bodily harm or loss of life.

In like manner the prosecution was obliged to furnish proof with regard

to the experiments asserted to have been made on concentration camp

prisoners in Natzweiler. The only witness provided by the prosecution

for this, a woman by the name of Eyer, did _not_ confirm what the

prosecution affirmed, namely that experiments intended by Professor

Haagen in the research into hepatitis had been carried out in the

concentration camp at Natzweiler. (_German Tr. p. 1765._)

Dr. Cording testified in an affidavit submitted by Professor Rose:

“For my training in the study of hygiene and bacteriology I was

detailed in February 1944 to the Hygiene Institute of Strasbourg

University where I was engaged, until the military occupation of

the town on 23 November 1944, almost exclusively on work

connected with hepatitis (series of inoculations of mice and

proof of virus in the organs of mice) under Professor Haagen.”

* * * * *

“It did not come to my ears that during the time I was in

Strasbourg experiments with hepatitis were made on human beings

within the framework of this cooperation. In the middle of July

1944 Stabsarzt Dr. Dohmen went from Giessen to visit Professor

Haagen in Strasbourg for about 2-3 days. During this time he saw

for himself in the Institute the results obtained from our

research work in hepatitis. He confirmed that the results of his

experiments had been similar but that all his research material

had been destroyed in an air raid on Berlin. At present he was

busy in Giessen making a fresh start with his own experiments.

“I know for a fact that Dr. Dohmen was not in Natzweiler during

the time of his visit to Strasbourg. I know nothing of any

further cooperation between Professor Haagen and Dr. Dohmen.”

Thus it is proved that Dr. Dohmen was not at the Natzweiler

concentration camp and did not take part in any experiments on human

beings there in this particular branch of medicine. In correcting his

affidavit (_NO-371, Pros. Ex. 186_) the defendant Rudolf Brandt declared

upon oath that he had no knowledge that these experiments had been

carried out in Sachsenhausen and that some of the prisoners died. In

like manner he revoked his evidence concerning the cooperation of Dr.

Dohmen and Dr. Haagen in the Natzweiler concentration camp and declared

that no facts were known to him about this. (_German Tr. pp.

1990-1993._) Finally Rudolf Brandt declared in his affidavit (_Handloser

11, Handloser Ex. 35_) that no facts were known to him from which could

be deduced that the defendant Handloser had any knowledge of the

experiments in Sachsenhausen and Natzweiler.

If one also takes into consideration Professor Gutzeit’s testimony that

Professor Handloser had reported nothing about Dohmen working in the

concentration camp in Sachsenhausen or of his activity there, the

following emerges: Professor Handloser’s answer is correct that he had

no knowledge that experiments with epidemic jaundice were conducted on

human beings in the concentration camps of Sachsenhausen and Natzweiler.

On the other hand Professor Handloser declares that he had a

considerable interest in the hepatitis research work, as it is also

established that not only his consulting physician Gutzeit but also

numerous other offices had concerned themselves with hepatitis research.

Professor Handloser gave reasons, confirmed by Professor Gutzeit, why

he, as medical officer responsible for the management of health matters

in the army, had the duty to give importance to the research in order to

find out what caused epidemic jaundice. As far as Handloser knew, this

research was carried out in accordance with recognized medical practice,

i. e., by experiments on animals and on the persons of the experimenters

themselves; likewise by unobjectionable clinical examinations of human

beings.

This also emerges from the hepatitis meeting of June 1944 in Breslau.

Professor Gutzeit also reported about this meeting and declared upon

oath that six or seven different hepatitis research workers had given

reports on their experiments and the results obtained. Nothing was said

about experiments on human beings. From this Professor Handloser, who

took part in the meeting which included the military and civilian

sector, must have gained the impression that research into hepatitis was

conducted in a generally recognized medical fashion.

As it could not be established at this meeting whether the organisms

bred by the various offices were identical, or whether it was a question

of different viruses (_German Tr. p. 2737_), the suggestion made by

Generalarzt Dr. Schreiber, who as the delegate of the Reich Research

Council for the combat of epidemics was the chairman of the meeting, was

to the point and served the purpose. His suggestion was that various

working groups for hepatitis research be formed in order that results

obtained on each side might be compared. On both direct and

cross-examination, Professor Gutzeit gave a convincing explanation for

his letter of 24 June 1944 (_NO-124, Pros. Ex. 193_), in which he speaks

of the experiments “_crucis ad hominem_.” He declared that he had

prepared with his students and candidates a vaccination with the virus

material placed at his disposal in Breslau. (_German Tr. pp.

2739-2740._)

Dr. Dohmen’s visit to Strasbourg, which was requested by Haagen, was to

have been made in compliance with the suggestion of Dr. Schreiber to

form a circle of research groups.

* * * * *

d. Evidence

_Prosecution Documents_

Pros. Ex.

Doc. No. No. Description of Document Page

NO-371 186 Affidavit of defendant Rudolf Brandt, 14 503

October 1946, concerning experiments to

determine the cause of epidemic jaundice.

NO-011 188 Note from Himmler to Grawitz, 16 June 1943, 504

concerning epidemic jaundice experiments

at concentration camp Sachsenhausen.

NO-299 190 Letter from Haagen to Schreiber, 12 June 505

1944, concerning epidemic jaundice

experiments.

NO-125 194 Copy of letter from Haagen to Gutzeit, 27 506

June 1944, concerning epidemic jaundice

experiments on human beings.

_Testimony_

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 281 / 486 题