EXTRACT FROM THE TESTIMONY OF DEFENDANT MRUGOWSKY[65]

_DIRECT EXAMINATION_

* * * * *

DR. FLEMING: Will you please draw the necessary conclusions from what we

have discovered about Ding’s diary?

DEFENDANT MRUGOWSKY: The various erroneous entries in this document and

the facts which the handwriting experts have discovered prove that this

document is not a diary in which entries were made from time to time.

Rather there are long periods of time that are missing, sometimes

periods of more than one year before the entries were made. Pages 1 to

3, I believe, were all written at the same time, and also the subsequent

pages. The document has 27 pages, which were written down on only a few

occasions. That is testified to by the handwriting expert. This explains

the various discrepancies between the entries and the actual facts; for

instance, calling the Robert Koch Institute a Reich Institute, when it

wasn’t, etc. The testimony of a prosecution witness, Balachowsky,

corroborates this affidavit.

Q. This affidavit is Document NO-484, Prosecution Exhibit 291.

Balachowsky said, under number 29: “The file notes which were copied

into the diary shortly before the collapse, give the precise number of

the pages and the number of the experiments.” Now please continue.

A. In these words Balachowsky corroborates the fact that this diary,

namely, this diary of Block 46, was drawn up shortly before the

collapse, apparently on several days, consequently the difference in the

typewriters used. Now, as to why he did this I can only conjecture—I do

not know. That there was some reason for making the entries in this form

would appear to be obvious.

Q. For the explanation of why Ding wrote this diary on Block 46 let me

remind you of Kogon’s testimony, namely, that after 1943 Ding was sure

that the war would be lost.

A. Yes. That is true. During his testimony Kogon often stated that from

the beginning of 1943 on, Ding made efforts to cover himself. He also

said that from that moment on, the oral assignments that he received

were not sufficient, but that he must insist on receiving written

orders. All the more remarkable is it then that the so-called diary,

this NO-265, says only very infrequently who initiated the various lines

of experimentation. And, if I recall correctly, he does not once say who

ordered them.

Q. Then do the contents of this diary meet the normal requirements of a

scientist’s diary?

A. The diary of a scientist has the purpose of setting down the precise

course of the work undertaken. Consequently, all efforts regarding the

initiation and course of experiments should be set down. That is a

perfectly comprehensible custom in all institutes because subsequently

the evaluation of the experiments is based on entries in the scientific

institute’s diary. In this Document NO-265, however, which is allegedly

such a diary of Block 46, there is not one entry regarding the actual

course of the experiments; not even the results of the experiments are

set down there. That is really the least that you could ask of such a

diary. Dr. Kogon thought that the number of fatalities which are set

down with clear precision were a result, to be sure, an unhappy result,

of these experiments. That these events are found lamentable can hardly

be disputed, but it is a false point of view if one orients oneself on

the basis of this result toward something, the purpose of which was

entirely different. The real experimental result can be seen in the

following: as a consequence of the protective vaccination, what happens

during a subsequent case of infection is that firstly, the period of

incubation is prolonged, namely, that period of time which lapses

between the actual infection and the first appearance of the disease.

Secondly, the period of fever is shortened, whereas usually the period

of fever in typhus is 17 days. This protective vaccination reduces it to

12, 10, and even 6 days, depending on the strength of the protective

vaccine. At the same time, the height of the temperature is reduced. In

other words, the symptoms that are associated with fever, which effect

the blood circulation and the heart, as well as those which effect the

central nervous system, are less pronounced or altogether absent after

the protective vaccine. There are various other small clinical

indications which a doctor readily recognizes as a result of the

protective vaccine, and it must be said that as the result of less

serious clinical manifestations, the number of fatalities from typhus is

smaller. That is not a direct but an indirect consequence of

vaccination. Therefore, when Ding asserts in this block diary of Block

46 that the most important result of the experiments was the number of

fatalities, then every doctor will recognize this as such an erroneous

and distorted statement that even if it is made by a doctor so reliable

as Ding, it is completely unworthy of credence.

Q. I now show you Mrugowsky 9 and I put it in as Mrugowsky Exhibit 23.

It is a photostat of a paper by Dr. Ding on the protective action of

various vaccines on human beings and the course of typhus after

immunization. I do not wish to read the document but simply desire to

bring it to the attention of the Tribunal. Would you care to make any

statement about the inadequate way in which this diary was worked on?

Would you like to say that perhaps Ding was not in a position to carry

on such work?

A. This paper is 13 pages long. First, there is the manner of the

patient’s tolerance for the vaccine, then the individual points which I

just mentioned as the consequences of the protective vaccination are

gone into. Tables are presented which give statistics in these matters.

There are eight sketches giving graphs showing the results; and at the

very bottom on the next to the last page, in the next to the last

paragraph, there are three lines which say that the fatalities in the

cases of those vaccinated were fewer in number than among those not

vaccinated. That is all mentioned in the summary—there is a final

summary. This is also an indication that he was perfectly capable of

carrying on scientific work. I should like to point out that at the top

of this paper it is mentioned that this work was done in my institute in

Berlin. I say that as an indication that I laid no stress on keeping

these matters secret in any way or that it was my point of view that

these experimental results which had been achieved on the most expensive

of all material, namely, human beings, should be carried through to

conclusion and that results should be made available to all who are

interested.

Q. The prosecution also charges you with the fact that Ding infected

persons in Buchenwald who had not previously received the protective

vaccination. Would you like to make a statement on that subject?

A. The following cases come into question here on the basis of Ding’s

diary entries. First of all, there are the so-called “preliminary

experiments”. In Document NO-265, four such preparatory experiments are

mentioned on nonvaccinated persons. These were done in order to

ascertain what method was possible in order to artificially infect human

beings with typhus. I always found that the lay person who had never

concerned himself with these matters assumes it to be a matter of course

that it is always possible to infect a human being with a disease. That,

however, is by no means the case. Even in the case of such a toxic

material as the typhus germ, successful infection can only occur if it

is not directed directly into the blood stream. Unless another way is

chosen, it is usually impossible to bring about infection with such a

disease. Consequently, when such experiments are to be carried out on

human beings—and this is a point of view which I express without any

reference to my own person—then such preliminary experiments cannot be

dispensed with. The second case is the so-called “controlled cases”.

Q. Did you know anything of these preliminary experiments?

A. No. I found out about them only through the diary.

Q. Ding says in his diary under the 20th of February 1942: “Case

histories and curves on the preliminary experiments were sent to

Berlin.” Did you receive this report?

A. No. Nor do I believe Ding sent it to me, because he was not

subordinate to me in these experiments and it seems, therefore, more

probable to me that he sent them to Grawitz. I, at any rate, did not see

them.

Q. How can this be reconciled with your letter of 5 May 1942 to Conti

and others which I put into evidence this morning as Mrugowsky 10,

Mrugowsky Exhibit 20?

A. This letter corroborates what I have just testified to, because the

report on this series of experiments was sent to Grawitz, and I received

Ding’s report to Grawitz from Grawitz himself with the order to rewrite

it in a suitable form, since Grawitz did not wish outside persons to be

able to see, without any further trouble to themselves, that these were

really experiments on human beings with artificial infection. He knew

that, to some extent, I could master the style which he used in his

official communications, whereas he did not know whether Ding could or

not. Consequently, he commissioned me to take Ding’s original report and

to cast it in a suitable form for the purpose of making communications

to the manufacturing firm. This I did, and the result is this document

dated 5 May 1942.

Q. Your letterhead here is “Reich Physician SS and Police, Chief

Hygienist”. In other words, this is one of the cases in which Grawitz

made use of you when you still belonged to the medical staff of the

Waffen SS?

A. Yes.

Q. Why didn’t Grawitz rephrase the letter himself?

A. There may have been two reasons for that. Firstly, Grawitz was not a

hygienist but an internist and since the letter was being sent to

specialists, namely, to those people who manufactured the vaccines, he

wanted to be sure that the letter contained everything they needed to

know and, on the other hand, no more than they needed to know; secondly,

this is quite in line with his customary manner of working, namely, to

let his collaborators write letters which dealt with their particular

sphere of work, and for this reason, he commissioned me to indite this

letter.

Q. On this occasion did you not once again express objections to Grawitz

regarding experiments on human beings?

A. That I did not do because this series of experiments had been

concluded and because I knew that they had been carried out on Himmler’s

specific orders. This was the first series of experiments which had ever

been carried out and it was the reason for my very violent show-down

with Grawitz at that time. I assumed that this job was now completed and

I had no reason to raise further objections.

Q. Were the vaccines of the Behring Works in an experimental stage when

Dr. Ding used them in his experiments?

A. No; these vaccines had already been tested in the plant as to a

person’s tolerance for them. All such preparations of the Behring Works

were worked on in their own laboratories before they were sent out into

the world.

Q. I submit to the Tribunal Mrugowsky 44, and I put it in as Mrugowsky

Exhibit 24. This is an affidavit by Dr. Demnitz, the manager of the

Behring Works, regarding the way in which the vaccines of the Behring

Works were developed and how they were tested in the institute itself.

On the fourth page, it reads:

“Naturally, the Behring Works also carried out tests to

establish whether the vaccines agreed with human beings for

(_a_) it was necessary to vaccinate those people working in the

typhus laboratories in order to protect them against typhus;

(_b_) it was necessary to protect those people who attended the

experimental animals; and (_c_) the undersigned himself was

vaccinated against typhus on several occasions with vaccines of

the Behring Works. These vaccinations had to be repeated from

time to time. This concerned both German and Russian assistants.

About 20 to 25 persons were employed in our typhus department.”

And Number 6: “The animal experiments according to Otto proved: (_a_)

the harmlessness and (_b_) the effectiveness or insufficient

effectiveness.”

It stated previously, “the question of whether the animals showed a

positive reaction is incomprehensible.” It stated also that animal

experiments were carried out in the Behring Works. I submit this

document to prove these were not vaccines which had not been previously

tested, but were vaccines which had gone through the necessary

preliminary and effective testing. Do you remember Kogon’s testimony

that volunteers were used in the first two series of experiments? This

testimony is on page 1,162 of the English transcript and on page 1,197

of the German transcript. If we base our assumptions on Ding’s diary,

what two series of experiments must these have been for which volunteers

were used?

A. If we base our statements on Ding’s diary we can only consider that

these two series were, first of all, the preliminary series A which

began on 5 January, and the first series of vaccine experiments with 145

persons regarding which the letter of 5 May 1942 that was previously

read concerns itself. (_Mrugowsky 10, Mrugowsky Ex. 20._) This series

began on the next day, namely, on 6 January 1942. Any other experiments

took place at a later date. Thus, when Kogon says that two series of

experiments were carried out with volunteers, it can only be these two

series of experiments.

Q. The experiments with which the letter of 5 May concerned itself were

carried out on volunteers?

A. Apparently they were.

Q. Can you remember the communication of 11 April 1943 to the effect

that the Mateska serum could no longer be used for experiments?

A. No, I don’t remember that and I consider it out of the question that

I ever received any such communication. In all bacteriology,

particularly in virology, there have been efforts for centuries to breed

live germs which are no longer pathogenic (which do not infect human

beings), in order to use these live germs for the manufacture of

vaccine, namely vaccines with live attenuated strains, because these are

a complete protection against the disease.

Q. In other words, you want to say that if you had received this

communication, you would have seen to it that further experiments were

carried out with this serum which was no longer so virulent?

A. I should not like to put it quite that way, but I should certainly

have contacted the person whose institute had developed this strain,

that was the Robert Koch Institute, Professor Gildemeister. However, I

never spoke to him about this matter, and I should like to believe that

he found nothing out about this matter because Gildemeister was one of

our best virus researchers and was very familiar with the value such a

really unique occurrence would have had.

Q. Did you see reports on the C and D series of experiments concerning

the discovery of a safe method of infection, which were said to have

taken place on the 11th and 13th of April?

A. No, I only found out about them here while looking through this

document and I also saw that Ding does not assert that he sent a report

on this to Berlin.

Q. On what further typhus experiment series did you then see reports?

A. In the diary of Block 46, Document NO-265, Ding says that only in the

case of a few experimental series did he send reports to Berlin, namely

the new experimental series, series I, II, VII, and VIII. I saw the

report on series I, having received it from Grawitz, and as I said

before, I rephrased it in another form, and it constitutes the document

here submitted. Series II was carried out with the vaccine of

Durand-Giroud of the Parisian Institute. That was the vaccine we

intended to produce in our own institute. I really cannot recall ever

having seen this report, but it is possible that I was informed of it by

Grawitz, because I remember that Grawitz one day told me that he was

convinced of the effectiveness of this vaccine and had no further

objection to my suggestion that we manufacture the vaccine according to

that process. The immunization in the course of this series was carried

on by Ding between 19 August and 4 September 1942. From 10 September to

9 October he was in Paris with Professor Giroud to learn his method, and

when he returned, he infected persons and sent the charts to Berlin on

20 November. It was probably then, toward the end of 1942, that Grawitz

spoke to me about this matter.

Q. Ding was ordered to report to Giroud in Paris in the autumn of 1942,

although, as you have stated, it was already decided at the end of 1941

to manufacture your own vaccines according to Giroud’s process. Now how

do you explain this delay?

A. In the infections carried out in series I on 3 March 1942, Ding

infected himself and fell seriously ill of typhus, despite his

protective vaccination. Subsequently, he went on leave to recover, and

when his health was somewhat restored, the business of going to Paris

was discussed, which was only possible in the autumn.

Q. There were 4 specific fatalities in the control cases. Now you say

that Grawitz probably discussed this matter with you. Did you do nothing

about the fact that there had been fatalities?

A. When Grawitz spoke to me about this matter, [I] could do nothing

because the series of experiments had already been concluded. But I do

remember pretty clearly the situation in his office there. I remember

that I brought up the matter of these 4 fatalities and told him that

that would probably be the last series that he instigated. He answered

that Himmler had ordered these experiments and that I had specifically

objected to being included in the matter, and consequently no longer had

any right to interfere in his business.

Q. The report on the typhus experimental series VII was concluded on 7

September 1943, and when finished a report was sent to Berlin on 9

September, according to Ding’s diary. Did you see this report?

A. No.

Q. But according to Ding’s work report, on the third of September, at a

time when this series was completed but the report not yet written, you

were in Buchenwald, according to this diary, visiting Ding. Did you talk

about this matter then?

A. This entry is apparently correct. This was the period in which Block

50 was being prepared for the production of the vaccines. Ding writes in

one of his documents that on the 10th of August this block was occupied

and that work in producing the vaccine was begun. Kogon corroborated

that in his testimony. Then 3 weeks after the beginning of this work, I

went to Buchenwald to look over the laboratory and to see how his work

was getting along. Kogon also described at some length how I inspected

the institute, how I went into every room. It was a rather extensive

inspection. I asked many questions, had many conversations with the

inmates there; he further testified that I was with Ding in his room for

only a very brief period of time, and that is also correct. In other

words, at that time he did not submit any material to me.

Q. Did you know anything else about this experimental series VII?

A. This series was carried out with a vaccine similar to the Behring

vaccine, manufactured by a different firm. I knew nothing of this

experimental series.

Q. I submit to the Tribunal as the next document, Mrugowsky 12, and I

put it in evidence as Mrugowsky Exhibit 25. This is an affidavit by Dr.

Karl Ludwig Wolters of Hamburg, from the Asid Works. After the customary

introduction the statement reads:

“The above person requested the notary to draw up an affidavit

and declared and deposed the following under oath and after

having been duly informed of the meaning of an affidavit:

“1. The production of typhus vaccines based on the egg culture

process began as early as 1941. Later on, the prescribed process

according to Gildemeister and Haagen was introduced.

“2. Experiments on animals for the purpose of testing the

manufactured vaccines were taken up simultaneously with the

beginning of the production and were carried out continuously.

The results of the animal experiments were not always clear. The

vaccine tolerance was tested by protective vaccinations of

employees; all employees connected with the typhus department or

who came in contact with employees working therein, were

vaccinated. In addition, all other employees had the privilege

of receiving protective vaccination against typhus on demand and

without charge. In the course of time, about one thousand

employees were vaccinated against typhus.”

To figures 3 and 4 I simply draw the attention of the Tribunal. Figure 5

reads:

“5. As far as I know, there was no correspondence between the

firm of Asid, Serum Institute G.m.b.H., Dessau, on the one hand,

and the former Hygiene Institute of the Waffen SS, or the

Institute for Typhus and Virus Research at Buchenwald, or its

chief, Dr. Ding, or the Grawitz Agency, on the other hand.

“6. I made the acquaintance of Dr. Ding during a trip from

Berlin to Krakow.

“7. I could not say how the test of the typhus vaccines in

question materialized. In any case, as far as I know, I never

discussed that question with Professor Mrugowsky, nor did I

forward the vaccines to him for testing. It is quite possible

that the vaccines reached Dr. Ding through Professor

Gildemeister of the Robert Koch Institute in Berlin, who

received them in his capacity as expert consultant of the

Ministry of the Interior for the fight against epidemics.

“8. During a discussion with Professor Mrugowsky in the Hygiene

Institute of the Waffen SS in Berlin, I only talked about

general questions of hygiene concerning the occupied eastern

territories, and I asked for assistance in the work of

developing the serum institute at Kiev. At the same time, the

organization of delousing by the Asid Serum Institute

Koenigsberg was discussed. There also may have been discussion

of general questions in connection with active immunization,

especially against scarlet fever, diphtheria, and tetanus.”

Then there is the usual conclusion and signature.

It can be seen from this that the vaccines for this series did not go

via you from Ding; is that true?

A. Yes.

Q. According to Dr. Ding’s work report, which is Document NO-571,

Prosecution Exhibit 285, you were present with him on the 3d of

September in Buchenwald. Did you visit Block 46?

A. Yes. Ding invited me to take a look at Block 46. I went over there

with him; and I remember quite well that I was led to the lower floor of

a stone building, where there were a number of room-like partitions.

In the first room there were a few men playing cards; Ding told me that

these were typhus convalescents who had survived typhus and who were to

be released. I talked to them and found that their state of health was

good and that the usual after-effects of typhus were no longer in

existence. There were about five or six persons.

In the second room I saw about three patients lying in bed. I examined

them and spoke to them. They had been transferred to Buchenwald a short

time before from other camps. I think one of them was ill even when he

arrived and the others had fallen ill shortly after their arrival in

Buchenwald, and then were transferred to the typhus station. We are here

concerned with people who fell ill spontaneously. According to Ding’s

entry, there was no series of experiments carried on at that time.

Q. When visiting Buchenwald, didn’t you talk to Dr. Ding about his

various series of typhus experiments?

A. No. At that time he had concluded the experimental series number VII

with Asid vaccines as I can see from this document. This was a series

which had a number of fatalities as its result. It is in line with

Ding’s character that he did not speak to me about such a series of

experiments, since he knew what my basic attitude towards this question

was.

Q. Didn’t you discuss the typhus experiments with Ding on the occasion

of your visit?

A. No. We didn’t discuss that matter. Our conversation merely dealt with

the work carried on in Block 50 for the production of vaccine, which was

really the purpose of my visit. I think we discussed a number of other

hygienic questions concerning the vicinity of Buchenwald. I knew that

there was a lack of water there from my previous activity; and I am sure

that this was a subject which was discussed. I spent the evening with

Ding in his flat where I met Dr. Hoven, the camp physician of

Buchenwald, and his wife. Mrs. Ding was there, too. It is a matter of

course that we didn’t discuss any technical questions in that circle. We

certainly did not speak about any experiments on human beings.

In this connection I may perhaps say that this was the only time that I

saw Hoven, who was allegedly Ding’s representative. This was ten days

before Hoven had to end his activity as a camp physician in Buchenwald.

Q. Were you of the opinion that the typhus experimental series had been

concluded?

A. Yes. I held that opinion, since it becomes evident from the documents

here that the experimental series of that time had not led to any

disease. The reason was that the strain coming from the Robert Koch

Institute was not pathogenic. Ding did not say that he sent any reports

to Berlin about it; and I, therefore, did not know anything about the

way he worked in Buchenwald as far as it did not concern Block 50. I was

of the opinion that after the second series of experiments, which was

concluded at the end of 1942, no further experiments were planned.

Q. Well, if you believed that the typhus experiments had been concluded,

the main activity of Dr. Ding would also have had to come to a

conclusion?

A. No. That is not the case. Seen from my point of view, he was a

bacteriologist; and I was anxiously awaiting the end of this special

mission by Grawitz when Ding would again be fully at my disposal. At

that time, in 1943, he had to carry out the preparations for vaccine

production at Buchenwald. Therefore, the building work had to be

supervised. Block 50 was a bacteriological institute furnished in a very

modern style with a number of special pieces of equipment. Animals had

to be obtained and accommodation made ready for them. There was not only

one kind of animal but four different kinds. It was necessary to obtain

fodder for them. Then a number of other organizational activities were

necessary, which made Ding’s stay in Buchenwald absolutely necessary.

Q. Ding maintains that he sent a report about the series number VIII of

the typhus experiments. Did you see that in Berlin? It was to have been

sent on the 13th of June 1944.

A. Well, I heard about this series of experiments only by looking at the

document here. I hadn’t seen or heard of it before.

Q. In the last entry of his diary, Ding says: “By order of the Chief

Hygienist of the Waffen SS, dated the 12th of August 1944, it was to be

established whether the course of a typhus illness can be mitigated by a

typhus vaccine through intravenous or intramuscular injections.” Did you

ever issue such an order?

A. No. I repeatedly pointed out that on the basis of the entire

organizational set-up of the Medical Institute of the Waffen SS, neither

as the Chief of the Hygiene Institute of the Waffen SS, nor as the

consulting hygienist of the Reich Physician SS and Police, could I order

any experiments to be carried out on inmates because I had just as

little influence on the medical service of the concentration camp as any

other member of the Waffen SS. The matter with which we dealt was

completely different. In the Crimea, in one of the hospitals in the

East, I saw that the internist there was treating typhoid illnesses with

injections of dead typhoid vaccines; and this procedure resulted in

fever in many of the cases. At that time I remembered that literature

dating back to the last World War, when a number of papers were written

on the very same subject, showed that there were similar methods in the

treatment of typhus and typhoid entailing the injection of vaccines.

During the course of these years when I had to deal closely with,

typhus, I had developed a very definite opinion about the origin and

development of typhus. I was, therefore, of the opinion that in the case

of this illness, which clinically is very close to para-typhus, it would

be quite feasible to make an experiment with that kind of treatment. The

clinical symptoms of typhus and typhoid and stomach typhus are very

similar. If a cure can be achieved with one method, it is to be assumed

that all other types of illnesses of that nature could also be treated

with success using that method. After my return, therefore, I

established contact with a number of internes belonging to the hospitals

which I knew, and wrote them that I had gathered, like experiences. I

quoted passages from literature on that subject, and I said that our new

experiences were the same as our old. I made the suggestion that the

same method be used in the case of typhus by injecting with a protective

typhus vaccine. One might consider that at that time we had just as

little means of combating the severe disease as we have today. We,

therefore, were medically justified in searching for new methods of

treatment.

Q. Were these to be a series of experiments in the sense in which Ding

carried them out?

A. That is completely out of the question. There was no reason to do

that at all. In order to perform such an experiment, one could make

tests on a typhus inflicted person using this method, and the worst that

could happen would be that it would not help; but it certainly would not

be necessary to make a certain series of experiments, and I certainly

never gave any such order.

Q. Did you write to Ding in that sense?

A. At that time I informed my assistants about this therapy in the case

of contagious diseases, and I am sure that it was a matter of course

that, as epidemic specialists, we had to be informed about such a

possibility, and in this manner we also received knowledge of it.

Q. You were saying that there would not have been justification for the

experimental theory?

A. No.

Q. Well, did you or did you not order such a series of experiments from

Dr. Ding?

A. Never, at no time.

Q. Are you of the opinion that Ding started these experiments on his own

initiative?

A. That is possible. At any rate he did not receive orders from me, and

I don’t know where else he could have received an order.

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Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 340 / 486 题