13. POLYGAL EXPERIMENTS

a. Introduction

The prosecution introduced evidence calculated to show that inhumane

acts and atrocities, as generally alleged in paragraph 6 of the

indictment, were committed in the course of polygal experiments. These

experiments were not specifically described in the subparagraphs of

paragraph 6 of the indictment which particularized 12 specific types of

experimentation. On this charge the defendants Handloser, Blome, and

Poppendick were acquitted and only the defendant Sievers was convicted.

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

is contained in its closing brief against the defendant Blome. An

extract from this brief is set forth below on pages 670 to 672. A

corresponding summation of the evidence by the defense on these

experiments has been selected from the closing brief for the defendant

Blome. It appears below on pages 672 to 675. This argumentation is

followed by selections from the evidence on pages 675 to 683.

b. Selection from the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING BRIEF AGAINST

DEFENDANT BLOME_

* * * * *

In order to test the effectiveness of a blood coagulant “polygal,”

Rascher carried out experiments in which inmates of the Dachau

concentration camp were shot. Rascher’s uncle, in his affidavit,

describes the murderous experiments which were carried out by his

nephew. In August 1943, he visited Rascher in Dachau and, while Rascher

was away from his office, he saw a report which he describes as follows:

“It refers to a report about the shooting (execution) of four

people for the purpose of experimenting with the hemostatic

preparation ‘Polygal 10.’ As far as I remember they were a

Russian Commissar and a cretin, I do not remember who the other

two were. The Russian was shot in the right shoulder from above

by an SS man who stood on a chair. The bullet emerged near the

spleen. It was described how the Russian twitched convulsively,

then sat down on a chair and died after about 20 minutes. In the

dissection protocol the rupture of the pulmonary vessels and the

aorta was described. It was further described that the ruptures

were tamponed by hard blood clots. That could have been the only

explanation for the comparatively long span of life after the

shot.” (_NO-1424, Pros. Ex. 462._)

This evidence is corroborated by the testimony of the witness Stoehr

(_Tr. p. 587_) and the affidavit of Pohl (_NO-065, Pros. Ex. 221_). Even

the defendant Gebhardt admitted, during his testimony, that he knew that

Rascher had carried out blood coagulation experiments on concentration

camp inmates who had been shot for the purpose. (_Tr. pp. 4240-1._)

The evidence proves that Blome collaborated with Rascher in the polygal

research. This collaboration began at least as early as the middle of

1943 in connection with cancer research. (_NO-473, Pros. Ex. 237_; _see

also NO-538, Pros. Ex. 122, entries for 18 February, 7 April, 14 April,

and 26 June 1943_.) The defendant Sievers stated in his affidavit that:

“Blome also had full knowledge of the blood coagulation experiments at

Dachau. He received reports from Rascher and should have a complete

knowledge of these matters.” (_NO-473, Pros. Ex. 237._) Blome admitted

that Rascher had been commissioned by Himmler to work with him in the

field of blood coagulation. (_Tr. p. 4642._) One of the collaborators of

Rascher in the polygal research was an inmate of the Dachau

concentration camp by the name of Robert Feix. By letter of 15 September

1943, Rascher requested Sievers to approach Blome, so that the latter

might arrange for the release of Feix and for his reinstatement in his

former category as half-Aryan. Rascher stated in his letter that “Blome

has given me great hopes in this respect.” (_NO-611, Pros. Ex. 239._)

This proves that Blome was already collaborating with Rascher on polygal

research in the summer of 1943. Obviously, Blome would not have put

himself out to assist in this work without knowing precisely what had

been done to test polygal.

In the latter part of 1943, Rascher and Dr. Haferkamp wrote a paper on

polygal. This paper draws a clear distinction between _experiments_ on

human beings to test the effect of polygal and _clinical tests_. It

states that: “Before we tried the clinical use of the drug and had it

probed, it was tested on _human beings_ by thorough experiments as to

its influence on the period of clotting and bleeding.” Curves were

included to show the reaction of polygal on clotting and bleeding. Later

on, the paper discusses clinical observations during operations.

(_NO-438, Pros. Ex. 240._) The experiments mentioned in this paper

obviously are the ones during which inmates were shot. They were not so

described in the paper because it was written for publication. Blome

testified that the only experiments he knew about were ones where one

cubic centimeter of blood was withdrawn to see how fast it would

coagulate in a test tube. (_Tr. p. 4643._) Such tests cannot be

described as experiments. It is impossible to conceive of Rascher’s

testing a blood coagulant to be used on soldiers wounded on the

battlefield in such a manner. And this was better known to Blome at the

time than it is now to the Tribunal. He knew that Rascher had conducted

the freezing experiments with resultant loss of life. He had been

informed about the Buchenwald typhus experiments. (_Tr. p. 4640._)

Moreover, this devious explanation of Blome does not cover experiments

to test the effect of polygal on bleeding; to test blood in a test tube

covers only coagulation reaction, not bleeding reaction. So he had to

add to the implausible by saying that Rascher once told him that he or

another doctor had rubbed the upper thigh of a person under anesthetic

until it became bloody and then tested the efficacy of polygal. But

Blome said, “I didn’t take this statement of his seriously.” (_Tr. p.

4635._) The thing which cannot be taken seriously is Blome’s display of

ignorance about experiments in which the documents prove he had a direct

personal interest.

Blome approved the publication of the paper mentioned above in the

Munich Medical Weekly [Muenchener Medizinische Wochenschrift]. (_Tr. p.

4639; NO-616, Pros. Ex. 244._) Both Grawitz and Pohl raised objections

to the publication of the article because they had not been consulted

and because Dachau 3 K and human experimental subjects were mentioned.

(_NO-614, Pros. Ex. 245_; _NO-615, Pros. Ex. 246_.) Both these men knew

of the murderous experiments carried out by Rascher to test polygal.

Gebhardt knew. Yet Blome asks the Tribunal to assume that he was too

naive to have known; that he didn’t even believe Rascher when he was

told that he had deliberately rubbed the hide off of an inmate’s leg to

test polygal.

On 23 February 1944 Rascher received a research assignment on polygal

from the Reich Research Council. (_NO-656, Pros. Ex. 247._) _Blome

admitted that he issued this assignment._ (_Tr. p. 4634._) Siever’s

diary reveals that on 1 February 1944, polygal production by Rascher was

listed as a war economy industry by the Reich Research Council. On 22

February Sievers had a conference with Rascher in which supply questions

for the production of this drug, _experiments of Blome_, and the polygal

report for the defendant Gebhardt were discussed. On 24 February Sievers

had a telephone conversation with Blome in which Blome informed him that

Himmler had issued an order concerning Blome’s work in Dachau in

collaboration with Rascher, (_3546-PS, Pros. Ex. 123._) Blome admitted

that Himmler requested him to cooperate with Rascher on polygal

research. (_Tr. p. 4510._) When Ploetner took over Rascher’s work on 31

March (_Tr. p. 973_), Blome continued his interest in polygal as shown

by a telephone conversation with Sievers on this matter on 24 July.

(_Tr. p. 976._)

* * * * *

c. Selection from the Argumentation of the Defense

_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT

BLOME_

* * * * *

The question of _polygal_ was from the beginning one of the weakest

counts of the indictment against Dr. Blome. It is a remedy to make the

blood clot and to prevent people from bleeding to death as a result of

wounds inflicted in battle or by operation, or from injury due to

excessive loss of blood. This equally innocuous and beneficial remedy

was apparently made the object of a charge only because Dr. Rascher once

maintained that he had killed four concentration camp inmates with

pistol shots in order to try out polygal on them. (_NO-1424, Pros. Ex.

462_; _NO-065, Pros. Ex. 221_.) But I believe that every intelligent

person must have approached this contention of Rascher’s with the

strongest distrust, because one cannot try out a styptic on a dead

person, and Dr. Blome, like other physicians, has repeatedly assured me

that they did not understand what Dr. Rascher had in mind with such

actions, which of course had nothing to do with “experiments”. But even

on the assumption that these stories of Dr. Rascher were true—that he

had actually killed some concentration camp prisoners in order to

“experiment” on them with “polygal”—by what right can Dr. Blome be held

responsible for this, a man who knew nothing at all about these crimes

of Dr. Rascher? Dr. Blome has been waiting in vain for evidence to be

submitted by the prosecution to prove that he (Dr. Blome) had had

anything to do with those actions of Dr. Rascher, that he had at least

approved or at any rate had some knowledge of them. The document

presented by the prosecution proves that Dr. Blome can certainly not be

held responsible for the alleged shooting of four concentration camp

inmates by Dr. Rascher. (_NO-1424 Pros. Ex. 462._) This murder committed

by Dr. Rascher, if it was committed at all, happened before August 1943,

according to Document NO-1424. It was during this month that the witness

Friedrich Karl Rascher found in the writing table of his nephew, Dr.

Rascher, the report on the shooting of the four concentration camp

inmates. Dr. Blome, however, heard about polygal for the first time only

during his second visit to Himmler in August or September 1943; before

that time the matter was unknown to him. This statement by Dr. Blome

concerning the date is in agreement with the testimony of Sievers of 10

April 1947, according to which the joint visit of Dr. Blome, Sievers,

and Rascher to Himmler took place in the autumn of 1943. From this it is

evident that the murder of the four concentration camp inmates by Dr.

Rascher, if it has really any connection with polygal, happened without

doubt at a time when Dr. Blome still had no knowledge of this styptic.

Dr. Blome has rightly pointed out that it would have been a completely

incomprehensible insanity to kill people only for the purpose of testing

a styptic at a time when every day offered an abundance of material for

the observation and study of the effect of polygal in the thousands of

wounded soldiers and of patients operated on at the front as well as

among the civilian population.

In this connection it is, incidentally, quite interesting to learn from

the interrogation of the witness Neff that he never saw or observed any

such “experiments” by Dr. Rascher. Neither did Dr. Rascher tell Neff

anything about them, although Neff held a particularly confidential

position with Rascher and otherwise learned much about Rascher and his

“experiments”. Even in the camp nothing was said at the time about these

alleged “experiments” of Dr. Rascher with polygal, although it could

certainly not have been and also did not have to be kept secret in the

camp if Rascher had actually shot four concentration camp inmates in

order to carry out “experiments” on them with polygal.

These facts justify serious doubts as to whether those “experiments”

ever took place at all and especially whether they have anything to do

with the hemostatic polygal.

In reality, polygal is an absolutely harmless drug, whether it is

injected or taken in tablet form, and the use of such a drug in this

form can in no case be considered a criminal experiment against humanity

as specified by the indictment before this Tribunal. Even when

administered by injection with the subsequent drawing of a few drops of

blood from the experimental subject, it is completely harmless. It does

not cause any more “pain” than any other injection, and the whole test

of this drug consists solely of taking one cc. of blood from the vein of

the so-called experimental subject. Thus we are not dealing with any

experiment of the kind that could be considered criminal because it

causes severe pains or because it is dangerous or for any other reasons.

Besides, the concept of “criminal experiments on human beings” has

already been explained at the trial of Field Marshal Milch[77] by the

verdict of 16 April 1947; this verdict expressly limits the range of

such experiments to experiments “which could cause torture or death to

the experimental subjects.” Thus one cannot, in the present proceedings,

object to those experiments which cannot ordinarily be assumed to cause

death to the experimental subject or be accompanied by severe pain.

Neither took place when polygal was administered. For either it serves

as a hemostatic which can only be of advantage to the patient or, in the

reverse case, it simply has no effect. Polygal can never have any

harmful consequences, least of all cause any damage to health; nor could

this be claimed by the prosecution, for polygal is generally used in

surgery nowadays.

And finally, all the persons who submitted to polygal tests were

volunteers. Dr. Blome, however, could not prove this here by

interrogating the inventor of the drug, Feix, because the prosecution

prevented defense counsel from examining Feix by transferring the latter

to Dachau, whence he later escaped. The transcript of the interrogation

of Feix by the prosecution was not submitted here, even though Feix had

told me personally that he could not understand how any blame in

connection with polygal could be put on Dr. Blome. But another witness,

namely Walter Neff, testified here on the witness stand that the

experimental subjects on whom the experiments had been carried out had

volunteered, just as he himself had done. Since Neff was produced as

witness by the prosecution,[78] the latter will hardly want to declare

the testimony, sworn to by Neff, to be untrue.

The verdict of 16 April 1947 against Field Marshal Milch quoted above,

states explicitly that medical experiments are punishable only when

carried out without the consent of the subjects. Furthermore,

punishability presumes that the experiments were a “torture” for the

experimental subject or jeopardized his life. Both conditions obviously

do not apply to polygal. Thus one comes to the conclusion that it would

have been better not to mention within the limits of this trial subjects

where even the closest observer has to look very carefully to see

whether he could not possibly find anything to object to.

This applies especially to the report of the Institute for Military

Scientific Research (Department Rascher), on coagulation of blood.

(_NO-438, Pros. Ex. 240._) In this report, the author, Dr. Rascher,

emphasizes the importance of “Polygal 10” for combat troops and in

operations and describes five operations where polygal was used with

good results. There can be no doubt that those were five bona fide

operations which were performed on patients in an entirely legitimate

way and which tested polygal’s effectiveness in stopping bleedings in an

absolutely proper manner, as it is usually done, with similar drugs. It

is inconceivable how a conclusion of illegal “experiments” could have

been drawn from that report.

One of these five legitimate operations, by the way, is described in a

report by the camp physician Dr. Kahr, dated 12 October 1943 [10

December 1943] (_NO-656, Pros. Ex. 247_); it does not offer any basis

for assuming an “experiment”. In this connection it is worthwhile to

note that Dr. Blome himself, in his affidavit of 25 October 1946

(_NO-471, Pros. Ex. 238_), under section 8 describes the use of polygal

in cases of “battle wounds and operations”, but deals with “experiments

on human beings” only in the next section, 9. Therefore, Dr. Blome knew

from the beginning that polygal had nothing to do with “experiments on

human beings”.

* * * * *

d. Evidence

_Prosecution Documents_

Pros. Ex.

Doc. No. No. Description of Document Page

NO-1424 462 Affidavit of Fritz Friedrich Karl Rascher, M. 676

D., 31 December 1946, concerning the life

and activities of Dr. Sigmund Rascher.

NO-438 240 Report from the Institute for Military 676

Scientific Research, (Department Dr.

Rascher) on “Polygal 10.”

NO-656 247 Memorandum by SS Obersturmbannfuehrer Wolff, 680

8 May 1944; letters from Dr. Kahr to

Rascher, 10 and 16 December 1943.

_Testimony_

Page

Extracts from the testimony of defendant Sievers 682

TRANSLATION OF DOCUMENT NO-1424

PROSECUTION EXHIBIT 462

AFFIDAVIT OF FRITZ FRIEDRICH KARL RASCHER, M. D., 31 DECEMBER 1946,

CONCERNING THE LIFE AND ACTIVITIES OF DR. SIGMUND RASCHER

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 360 / 486 题