11. INCENDIARY BOMB EXPERIMENTS

a. Introduction

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

with special responsibility for and participation in criminal conduct

involving incendiary bomb experiments (par. 6 (L) of the indictment).

The defendants were acquitted on this charge.

The prosecution’s summation of the evidence on the incendiary bomb

experiments is contained in its closing brief against the defendant

Poppendick. An extract from this brief is set forth below on page 640. A

corresponding summation of the evidence by the defense on these

experiments has been selected from the closing brief for the defendant

Poppendick. It appears below on pages 641 to 643. This argumentation is

followed by selections from the evidence on pages 643 to 653.

b. Selection From the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING BRIEF AGAINST

DEFENDANT POPPENDICK_

* * * * *

_Incendiary Bomb Experiments_

Sturmbannfuehrer Ding-Schuler (hereinafter referred to as Ding) carried

out incendiary bomb experiments in the Buchenwald concentration camp

between 19 and 25 November 1943. (_NO-265, Pros. Ex. 287._) In order to

ascertain the effectiveness of the drug R 17 and echinacine ointment and

liquid for the treatment of phosphorus burns, five experimental persons

were deliberately burned with ignited phosphorus which was taken from an

incendiary bomb. The resulting burns were very severe, the victims

suffered excruciating pain and permanent injury. The drugs to be tested

were manufactured at the Dr. Madaus Works in Dresden-Radebeul. (_Tr. pp.

1187-90._)

The report on these experiments (_NO-579, Pros. Ex. 288_) was forwarded

by Ding to the defendants Poppendick and Mrugowsky. (_Tr. pp. 1158,

1188._) The Research Department “V” (for Vonkennel) in Leipzig was also

interested in these experiments. Correspondence by Ding with this

department went through Poppendick. (_Tr. pp. 1158, 1175, 1247, 1267._)

Research Department “V” was a laboratory run by Sturmbannfuehrer

Vonkennel, with funds and material furnished by Grawitz. (_Poppendick 9,

Poppendick Ex. 8_; _Tr. pp. 5589-5592_.) Poppendick was the expert in

Grawitz’ office responsible for the work of that laboratory. (_Tr. p.

1267._) This testimony of Kogon is corroborated by letters from

Vonkennel to Poppendick and Ding to Poppendick concerning typhus

experiments. (_NO-1182, Pros. Ex. 477_; _NO-1184, Pros. Ex. 476_;

_NO-1185, Pros. Ex. 478_.) The latter was actually typed by Kogon for

Ding, as can be seen from the file notation.

* * * * *

c. Selection from the Argumentation of the Defense

_EXTRACTS FROM THE CLOSING BRIEF FOR

DEFENDANT POPPENDICK_

* * * * *

_Experiments with Incendiaries_

* * * * *

_Evaluation of Evidence_

The prosecution questioned the witness Kogon about the dispatch of

reports on experiments with incendiaries. He stated:

“The photos were placed opposite each other, mounted in an

album, described in detail; the result sent in two copies to

Berlin, one to Professor Mrugowsky, the other—here I am not

quite sure—to Oberfuehrer Poppendick. I believe that

Oberfuehrer Poppendick certainly received one report concerning

this matter because Dr. Ding intended to publish a dissertation

on this in a medical journal.”

The prosecution then referred in this connection, to the entry in the

so-called Ding diary under 5 January 1944 (_NO-265, Pros. Ex. 287_):

“Records dispatched to the Reich Physician SS with the request

that they be forwarded to the Dr. Madaus Works.”

The prosecution now thought they would be able to connect these two

pieces of evidence with one another and wants to prove from this that

Poppendick received a regular report, with photos, on experiments with

incendiaries, and thus learned about criminal experiments with

incendiaries in Buchenwald.

The defense first questioned the persons concerned in Leipzig, in the

form of affidavits, about the previous history of the experiments with

incendiaries—the affidavit of Dr. Koch from the Madaus Works

(_Mrugowsky 103, Mrugowsky Ex. 97_), the affidavit of Kirchert

(_Poppendick 7, Poppendick Ex. 9_), and the affidavit of von Woyrsch

(_Mrugowsky 115, Mrugowsky Ex. 108_), all of these make similar reports

on these events. Each one of these three witnesses, viewing this matter

from different angles, was able to testify under oath that the

correspondence between Dr. Ding and the firm of Madaus did not pass

through Poppendick personally, and that the research section of

Professor Vonkennel also had nothing to do with the whole matter as far

as it took place in Leipzig, but that the connections were somewhat

different in many respects from what might be concluded from the

statement of Kogon.

For a person like Kogon, it was, of course, difficult to take in the

connections as a whole, as he only occasionally received letters which

had anything to do with the questions dealt with here. On the basis of

letters still available, he can only draw certain retrospective

conclusions today. Therefore, in the formulation of his statements, he

exercises a certain caution, qualifying in advance things as they

happened by remarks such as “I believe,” “certainly,” and so on. (_See

also testimony, Pohl trial, 22 April 1947_;[71] _Poppendick 21,

Poppendick Ex. 20_.) For these reasons the phrase “in this case I am not

quite sure,” relating to Poppendick’s knowledge of illustrated reports

on incendiaries, can only be taken as an indication of the fact that

Kogon did not want Poppendick to be charged, through his sworn

testimony, with the knowledge of these reports, with photographs

concerning incendiaries. Poppendick has definitely declared that he

would certainly have remembered such a report with photographs if he had

received it. In this way then, the uncertain statement of Kogon is

confronted by the definite statement of the defendant, who could not be

accused of any unreliability in the course of his examination. The

contention of the defendant is supported by the three above-mentioned

affidavits which fully confirm this. Kogon then said, however: “A

report, I think * * *”—then again with a certain limitation—“which

Oberfuehrer Poppendick certainly received because Dr. Ding intended to

publish a dissertation on this in a medical journal.”

Although this last statement was made with somewhat more emphasis, but

still not with complete certainty, the following comment can be made on

it:

It is certain that Kogon had access to the entire documentary evidence

as introduced in this trial before making his statement. Without doubt

he saw the manuscript of the Ding publication on typhus (_NO-582, Pros.

Ex. 286_) with the stamp of approval “by order of Poppendick,” even if

he did not see it while still in Buchenwald during his stay in the camp.

From this he thought he could deduce that Poppendick must be the person

responsible—in spite of the words “by order”—for the approval of

scientific publications. Kogon knew from his work in Buchenwald that

Ding meant to publish a pamphlet on the treatment of burns. He therefore

took it for granted that the only way of getting official permission was

via Poppendick, whereas actually Poppendick authorized these requests

and signed them “by order of” in every case only when given special

permission by Grawitz. Neither Kogon nor we know whether such a

manuscript was ever actually sent in for publication. Even if it was

actually sent in, it is not certain that Poppendick had to grant

permission for its publication. If Poppendick actually authorized the

publication of such a pamphlet “by order of”—a fact which cannot be

proved—there is a 100 percent probability, taking the typhus manuscript

(_NO-582, Pros. Ex. 286_) as an example, that in such a publication the

question of artificially inflicting wounds on human bodies would not

have been openly mentioned but would have been just as carefully veiled

as was done in the manuscript concerning typhus treatment.

It is quite obvious, though, and even the prosecution will not dispute

this, that Poppendick otherwise played no part whatever in the

incendiary bomb experiments, and had no contact with the authorities

responsible for them, such as the Madaus Works, Dr. Ding, etc., whereby

he might have been informed of what was going on in Buchenwald also in

regard to those incendiary bomb experiments.

* * * * *

d. Evidence

_Prosecution Documents_

Doc. No. Pros. Ex. No. Description of Document Page

NO-579 288 Extracts from a report on the findings 644

of 2 January 1944, on a skin

ointment—R 17—for phosphorus burns.

NO-1080 A, 219 A, E, F Exposures of the witness Maria 901

E, F Kusmierczuk who underwent

sulfanilamide and bone experiments

while an inmate of the Ravensbrueck

concentration camp. (_See Selections

from the Photographic Evidence of the

Prosecution._)

NO-1082 A, 214 A, C Exposures of the witness Jadwiga Dzido 903

C who underwent sulfanilamide and bone

experiments while an inmate of the

Ravensbrueck concentration camp. (_See

Selections from the Photographic

Evidence of the Prosecution._)

_Defense Documents_

Doc. No. Def. Ex. No. Description of Document

Mrugowsky Mrugowsky Ex. Extracts from the affidavit of Udo von 647

115 108 Woyrsch, 3 May 1947, concerning

experiments on combating injuries due

to phosphorus incendiary bombs.

_Testimony_

Extract from the testimony of prosecution witness Eugen Kogon 648

Extract from the testimony of defendant Mrugowsky 651

PARTIAL TRANSLATION OF DOCUMENT NO-579

PROSECUTION EXHIBIT 288

EXTRACTS FROM A REPORT ON THE FINDINGS OF 2 JANUARY 1944, ON A SKIN

OINTMENT—R 17—FOR PHOSPHORUS BURNS

_EXPERIMENTS ON ANIMALS_

* * * * *

_EXPERIMENTS ON HUMAN BEINGS_

I. Application of the phosphorus-caoutchouc mixture and immediate

removal—

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 347 / 486 题