10. EXPERIMENTS WITH POISON

a. Introduction

The defendants Genzken, Gebhardt, Mrugowsky, and Poppendick were charged

with special responsibility for and participation in criminal conduct

involving experiments with poison (par. 6 (K) of the indictment). Only

the defendant Mrugowsky was convicted on this charge.

The prosecution’s summation of the evidence on the experiments with

poison is contained in its closing brief against the defendant

Mrugowsky. An extract from this brief is set forth below on pages 631 to

632. A corresponding summation of the evidence by the defense on these

experiments has been selected from the final plea for the defendant

Mrugowsky. It appears below on pages 633 to 634. This argumentation is

followed by selections from the evidence on pages 634 to 639.

b. Selection from the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING BRIEF AGAINST

DEFENDANT MRUGOWSKY_

* * * * *

_Poison Experiments_

Poison experiments were carried out in the Buchenwald and Sachsenhausen

concentration camps by order of the defendant Mrugowsky (_Tr. pp.

1183-6_). The first series of the experiments was carried out in

December 1943 in order to determine the fatal dosage of poisons of the

alkaloid group. These experiments were requested by the SS judge,

Morgen, who investigated the criminal case against Koch, camp commander

of Buchenwald, and the defendant Hoven. Hoven was suspected of having

killed a witness against Koch and himself by means of poison. Four

Russian prisoners of war were experimented upon by Ding. The poison was

administered to the experimental subjects in their food without their

knowledge. All four survived, but were strangled in a crematorium of the

concentration camp in order that autopsies could be performed. (_Tr. pp.

1183-6_; _NO-265, Pros. Ex. 287_.) Since Ding was subordinated to

Mrugowsky, this experiment could not have been performed by Ding without

Mrugowsky’s approval.

On 11 September 1944 Mrugowsky and Ding carried out an experiment with

aconitine nitrate projectiles in the Sachsenhausen concentration camp.

The projectiles were filled with crystallized poison and five

experimental subjects were shot in the upper part of the left thigh with

these projectiles. In two cases, no effect of the poison could be

observed. In the other three cases, the suffering of the experimental

subjects was terrible. All three died after approximately two hours of

agony. The poison bullets used in the experiments were allegedly of

Russian origin. (_NO-201, Pros. Ex. 290._)

The experimental subjects were Russian prisoners of war. (_Tr. p. 1186_;

_see also Kogon’s testimony in Case 4_.[67]) Mrugowsky admitted his

participation in these experiments. He defended himself on the ground

that he was the legally appointed executioner in this case. Assuming the

truth of this absurd statement, it cannot be held legal to torture to

death prisoners of war even if they had been validly sentenced to death.

On 26 October 1944 still another poison experiment was carried out by

Ding in Buchenwald. The entry in the Ding diary for that date states:

“Special experiment on 6 persons according to instructions of SS

Oberfuehrer Lecturer Dr. Mrugowsky and RKPA. (Report on this orally.)”

Kogon testified that Ding told him the Russian prisoners of war used in

the experiments died in a short time. They were later dissected and

burned. Ding reported to Mrugowsky orally. These experiments were

connected with the poison bullet experiments in the Sachsenhausen

concentration camp. (_Tr. pp. 1185-1186._)

* * * * *

c. Selection from the Argumentation of the Defense

_EXTRACT FROM THE FINAL PLEA FOR DEFENDANT

MRUGOWSKY_[68]

* * * * *

In respect to the poison experiments, I proved in my written statement

that Ding’s assertion that Mrugowsky had ordered him to be present at a

euthanasia killing by phenol is not correct. Professor Killian, who

according to Ding’s statement, was present when the order was given,

said that this statement of Ding’s was incorrect. It showed that the

examination of the question of whether the noxious effect of serums

containing phenol can be proved by the comparative use of serums with

and without phenol, and also a series of experiments with serums

containing phenol was never carried out.

The experiments with pervitin were carried out on the initiative of Dr.

Morgen and Dr. Wehner, according to the Ding diary. I proved that no

harm was caused to the health of the experimental subjects by these

experiments. The experiments were performed with pervitin which can be

obtained in any chemist’s shop without a prescription and consequently

is not a poison. In the experiments it was used together with a narcotic

because the authority wanted to determine whether, as a result of this

treatment, the effect was increased one way or the other. The only

effect was that the experimental subjects fell into a disturbed sleep

for up to 20 hours. This pervitin experiment was not ordered by

Mrugowsky; he did not participate therein in any way, and the

prosecution did not even contend that he knew of it. No responsibility

under criminal law may be deduced against him from this experiment.

With regard to the special experiment on 6 persons mentioned in Ding’s

diary, it is again solely the witness Kogon who gave details. In my

closing brief I pointed out that, in this case too, Kogon gave

contradictory testimony in the Pohl trial[69] and the doctors’ trial

about the origin of this experiment. Thus his evidence has no probative

value. Moreover, Kogon’s description of this experiment, except for the

sealing and the burning of the prescription, is only based on Ding’s

statements. In respect to this special experiment, there is no evidence

whatsoever to show the type of poison used, the manner in which the

special experiment was performed, and the aim of the experiment. After

the collapse, Ding told the defendant Sievers that towards the end of

1944 in Buchenwald he had filled 80 phials with prussic acid in order to

commit suicide, but he unfortunately took none of them with him.

No one can prove whether Ding carried out his “special experiment” with

these prussic acid capsules because Ding left no report about the course

of the special experiment.

The Ding diary states that the experiment was performed by order of

Mrugowsky and the Reich Criminal Police Office. Because the diary has

such little probative value, the truth of this contention cannot be

proved by this document alone. No other evidence has been submitted to

show that Ding poisoned 6 prisoners by order of Mrugowsky. Therefore

there is no conclusive evidence to prove that Mrugowsky ordered this

experiment or that he even knew about it.

The prosecution further indicted Mrugowsky because of an execution

performed at Sachsenhausen in which ten bandits sentenced to death were

executed with bullets poisoned with aconitine. I have proved that

Mrugowsky attended this execution only as the usual doctor present at an

execution. I further demonstrated that the execution took place because,

in an attempt on the life of a high-ranking civil servant in the General

Government, Russian revolver ammunition had been used in which hollow

bullets had been filled with aconitine poison. This use of poisoned

Russian bullets, and Henderson’s book which described the preparation

for the use of poisoned bullets in the First World War, had increased

the concern that poisoned bullets would shortly be used at the front. I

proved that poisoned ammunition was used at the execution to determine

whether pure aconitine or a poison mixture had been used in the bullets,

and how much time would be available in case of need to administer

antidotes.

I proved that all executions in the concentration camps were ordered by

the Reich Criminal Police Office, and that the presence of a doctor at

such executions was prescribed. The execution at Sachsenhausen was

ordered by the Reich Criminal Police Office. No charge under criminal

law can be deduced against Mrugowsky from his attendance as a doctor at

the execution. I have explained this in detail in my closing brief.

* * * * *

d. Evidence

_Prosecution Documents_

Pros. Ex.

Doc. No. No. Description of Document Page

NO-201 290 Report from Mrugowsky to the Criminological 635

Institute, 12 September 1944, concerning

experiments with aconitine nitrate

projectiles.

_Testimony_

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 344 / 486 题