a. Introduction
The prosecution introduced evidence calculated to show that inhuman acts
and atrocities (as generally alleged in paragraph 6 of the indictment)
were committed in the course of gas oedema 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 Mrugowsky and Hoven were
convicted and the defendant Handloser was acquitted.
The prosecution’s summation of the evidence on the gas oedema
experiments is contained in its closing brief against the defendant
Mrugowsky. An extract from this brief is set forth below on pages 684 to
685. This argumentation is followed by selections from the evidence on
pages 685 to 694.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT
MRUGOWSKY_
* * * * *
_Gas Oedema Serum Experiments_
The affidavit of Dr. Erwin Schuler, alias Ding, states that at a
conference in the Military Medical Academy in Berlin, at the end of
1942, in which he took part, one of the topics of discussion was the
fatality of gas oedema serum on wounded soldiers. The affidavit goes on
to state that among the participants in the discussion were Killian,
General Schreiber, Mrugowsky, and a medical officer who was unknown to
him. Killian and Mrugowsky gave reports on soldiers who had received the
serum in high quantities and hours later, after apparently having
recovered, died suddenly without visible reason. It was suspected that
the phenol content of the serum brought about the fatal result. In the
presence of Killian and Schreiber, Mrugowsky ordered Ding to take part
in the performance of euthanasia with phenol on a concentration camp
inmate and to describe the results in detail. Ding later witnessed the
execution of four or five persons with phenol injections by the
defendant Hoven in the Buchenwald concentration camp. According to
orders, Ding reported his findings to Berlin. (_NO-257, Pros. Ex. 283._)
Mrugowsky denied having given any such order to Ding. It is quite
apparent, however, that Ding-Schuler, who was under arrest at the time
he executed this affidavit, would not have implicated himself in a crime
which did not occur. Mrugowsky’s continued interest in the effect of the
phenol contained in serum is evidenced by a letter of 24 August 1944
from Grawitz to him. Grawitz stated that the Reich Leader SS had
approved experiments proposed by Mrugowsky on the tolerance of serum
containing phenol. (_NO-1198, Pros. Ex. 466._)
d. Evidence
_Prosecution Documents_
Pros. Ex.
Doc. No. No. Description of Document Page
NO-429 281 Extracts from the affidavit of Waldemar Hoven, 685
24 October 1946, concerning the killing of
inmates by phenol and other means.
NO-257 283 Extract from a sworn statement by Dr. Erwin 686
Schuler (Ding), 20 July 1945, concerning
euthanasia with phenol injection.
_Testimony_