EXTRACTS FROM TESTIMONY OF THE DEFENDANT MRUGOWSKY[80]

_DIRECT EXAMINATION_

* * * * *

DR. FLEMMING: I now turn to the gas gangrene experiments. When examining

the defendants Handloser, Rostock, Schroeder, Genzken, and the witness

Bernhard Schmidt, we heard to what extent gas gangrene became prevalent

at the front. I refer you to the Document NO-578, Prosecution Exhibit

284. I shall have it submitted to you. Would you please tell the

Tribunal whether, in connection with gas gangrene, there was an extreme

necessity in concentration camps and in the army to discover protective

means to combat this disease?

DEFENDANT MRUGOWSKY: It was pointed out frequently that no infection can

be taken so seriously in the surgical field as the infection by gas

gangrene, since the mortality cases of these injuries were very high. In

concentration camps, as Noeling told me, we often had cases of gas

gangrene. Therefore, the Asid Works suggested that vaccine should be

used in the same manner as in the case of diphtheria. This was done in

these works sometimes in cases of tetanus. Such vaccine against gas

gangrene was produced by the Behring Works and was tested on students at

Marburg University at first, about which a publication is available. I

received a small part of this gas gangrene toxin in order to protect

people in danger. This gas gangrene toxin I gave to Noeling and he used

it at Buchenwald. The chart is available concerning persons on whom this

vaccine was used. It becomes evident from that that there is even an

increase in temperature following that vaccination, and that we are here

concerned with a completely harmless project which has nothing at all to

do with an infection.

Q. Dr. Ding in an affidavit (_NO-257, Pros. Ex. 283_) stated that at the

Military Medical Academy a conference took place on the question of gas

gangrene serum. What do you know about that?

A. It is correct that such a conference actually took place. Whenever

gas gangrene occurred a large amount of gas gangrene serum had to be

used for treatment in order to insure success. It was not a mere ten or

fifteen cubic centimeters, but 400 to 800 cubic centimeters which was

given to the patient in the course of a few days. In Germany all serums

which are obtained from animals, mostly horses, are mixed with 0.5

percent of phenol and carbolic acid—in order to preserve them—i. e.,

to 400 cubic centimeters I added a concentration of two cubic

centimeters of phenol acid. This amount is, of course, far above the

tolerance of human beings. Carbolic acid is one of the strongest acids

we possess. When treating people with gas gangrene serums a number of

deaths occurred. We discussed whether we were dealing with cases of

serum death, resulting from the serum, or whether death was caused by

the phenol added. Ding and I participated in that conference with

others.

* * * * *

Q. Did you give Dr. Ding an assignment on the basis of this discussion

to test this phenol question?

A. Yes, I told him to study the literature and to make use of the

libraries of the pharmacological and forensic medicine institute in

Jena. He was in touch with those institutes.

Q. Did you give him the assignment to participate in euthanasia with

phenol?

A. No. I never heard anything about his having carried out such

euthanasia, or of such killings having been carried out. I could not,

therefore, have given him any such order.

Q. You are aware that in an affidavit of your codefendant Hoven it is

stated that Ding himself carried out killings in Buchenwald with phenol.

Had you given him instructions to that effect?

A. No. I did not give him any such instructions, and there was no

occasion to do so because death by phenol is well known in literature;

simply reading works on the subject would have sufficed.

DR. FLEMMING: Mr. President, I submit Document Mrugowsky 28. I should

like to submit it as Mrugowsky Exhibit 46. It is an affidavit of

Professor Killian, who is a university professor at Halle/Saale. He

says:

“In 1941-1943 I was consulting surgeon with the 16th Army in the

East. We had experienced numerous cases of death and injury to

the circulatory system due to the effects of gas gangrene serum.

In my opinion, these bad effects cannot only be attributed to

the inoculation of great quantities of unrelated serums, but

also to the addition of one-half percent phenol, as is

prescribed by law. Since up to 150 cc. of gas gangrene

serum—sometimes even more than that—was given intravenously to

wounded in the field, in my opinion the total quantity of phenol

added then approached becoming a danger. This became obvious

after four of my collaborators had had themselves injected

intravenously with a phenol common salt solution of 0.5 percent

density. All of them showed typical signs of phenol poisoning to

a different degree. In a letter to the medical inspectorate I

called their attention to the disappointing effects of the gas

gangrene serum and to the detrimental effect of phenol, and made

proposals for a change. Consequently, I was officially ordered

to report during my stay in Berlin to Oberstarzt Professor

Schreiber, who was a specialist on this matter. Present at this

conference were Professor Mrugowsky and a junior physician whose

name I no longer remember. I did not know any of the three

gentlemen; I saw and spoke to them then for the first time.

Apart from a few general questions concerning bacteriology, we

discussed mainly the gas gangrene serum problem. I had to give

an exact report on what took place at the front and on the

symptoms of poisoning. The discussion then took two directions.

First, the question whether it was possible for industry to

substitute a harmless disinfectant for the dangerous phenol, and

which one of the many substances would be suitable for this

purpose.”

Number two is not important. And I can skip the next paragraph too. I

come to the last paragraph:

“I well remember the substance of the discussions and declare

that no mention was made of any experiments in a concentration

camp, or of effecting euthanasia by injecting phenol. Such

considerations never even came up for discussion, let alone an

order in my presence by one of the medical officers. This would

certainly have remained in my memory. I may add that a reason

for such experiments did not exist since the symptoms of phenol

poisoning are well known and may be found in any book on

pharmacology. Apart from this, the question had been

sufficiently settled by the above-mentioned experiments which

the physicians had carried out on themselves. I am convinced

that Dr. Ding’s statements are not true.” [Signed by Professor

Killian, and certified.]

On the basis of instructions that he was to inform himself from

literature about phenol poisoning—instructions which you gave to

him—what did Ding report? Was the question of gangrene serum, and the

deaths resulting from it, settled?

DEFENDANT MRUGOWSKY: Ding made a report. I waited for it for some time

and when it did not come I myself read up on this question. Then I was

no longer interested in his report.

Q. On page 20 of the Ding diary (_NO-265, Pros. Ex. 287_) it says that a

special experiment on four persons was carried out on behalf of

Gruppenfuehrer Nebe. What do you know about that?

A. I have already mentioned the case of Hauptscharfuehrer Koehler, who

was at the hospital at Weimar, who died from poisoning. Inaccurate

statements were given about his death and autopsy. It was said that they

occurred in the Buchenwald concentration camp—which is not true. At the

discussion of the autopsy findings in the Reich Criminal Police Office,

the opinion had been expressed that this death might have resulted from

pervitin together with a narcotic drug. I participated in this

discussion.

DR. FLEMMING: Mr. President, I have already submitted the affidavit by

Dr. Konrad Morgen. (_Mrugowsky 29, Mrugowsky Ex. 36._) When I submitted

it I read the first one and one-half pages. I should now like to read

the following portion:

“Professor Dr. Timm”—that is, the forensic medical expert from

Vienna who performed the autopsy on Koehler—“came to the

opinion that there were two possibilities: first, that a South

American poison had been used which was totally unknown to us

and which dissolves completely in the human body; second, that a

combination of drugs had been used. One drug had excited the

circulation to the point of exhaustion, the other drug had acted

as an antidote. Professor Dr. Timm spoke of the possibility that

pervitin had been used together with a soporific. The idea that

a South American poison had been used was rejected from a

criminological point of view. From a technical point of view the

second possibility would have been quite possible.

“I had to report the case to the Reich Security Main Office.

Subsequently, a conference took place in the Reich Security Main

Office at which quite a number of persons were present. The

chief of the Reich Security Main Office [sic], Gruppenfuehrer

Mueller, presided. Gruppenfuehrer Nebe of the Reich Criminal

Police was also present, as well as Professor Dr. Mrugowsky. At

the conference various persons, among others also Dr. Mrugowsky,

pointed out that pervitin was not a poison, that it could be

obtained without a prescription. One of the gentlemen present

pointed out that in America experiments were carried out where

up to 100 tablets of pervitin were administered and the effects

were not fatal. But no one present could answer the question of

whether a combination of pervitin and a soporific would be

harmless, or whether it would lead to an increased reaction to

any one direction. The latter appeared improbable to the

experts. In order to settle this question Gruppenfuehrer Mueller

ordered that an experiment be conducted. He ordered that Dr.

Ding, whom he knew, should conduct this experiment in

Buchenwald.

“It was ruled that in this experiment, which was to settle the

purely criminal side of the question, only minute quantities of

pervitin and soporific should be used, since it would be

impossible to give large quantities of pervitin and a soporific

unobtrusively to the prospective victim. Moreover, larger

quantities of these drugs would have been found in any case by

means of a chemical analysis. The scientific theoretical problem

concerning the harmfulness or even deadliness of maximum doses

did not interest anyone.

“I was present at the experiments at Buchenwald.

“Five persons were presented to us for testing, because

Gruppenfuehrer Mueller had ordered experiments to be conducted

on five persons. I checked the papers of the persons to be

experimented on prior to the experiment. They were Russians who

had deserted, or workers, who had formed a gang, stolen, and

plundered, and had even been charged with murder. They had all

been sentenced to death before a special court in Pomerania.

Gruppenfuehrer Mueller had already previously been given the

order for their execution.

“I had agreed with Dr. Ding that a preliminary experiment should

be made on three persons to see the kind of reaction this

combination had in the organism. Some of the condemned could

speak German. They were told that the experiments were neither

dangerous nor painful, and that by taking part they would at

least put off their execution. Thereupon they all volunteered.

Dr. Ding chose three of them. They were transferred to Block 46.

There they were given a dose of pervitin and a subcutaneous

injection of a soporific. Then they had to go to bed. They fell

asleep. Their sleep was very restless. One of them slept for 20

hours. The others awoke a little earlier * * *.”

Then he says that none of them showed the symptoms which Koehler had

shown, and that the experiment was considered completed. In the last

sentence of the next paragraph he says, “Therefore, I told Dr. Ding that

he should not make any more experiments, and I reported this to

Gruppenfuehrer Mueller.” I shall read the last paragraph in another

connection.

According to the affidavit of Dr. Morgen, Mueller ordered Ding to carry

out the experiment at Buchenwald. Did you receive a report on this

experiment?

A. No, I did not receive a report on it.

* * * * *

_CROSS-EXAMINATION_

MR. HARDY: Prior to the afternoon recess, Doctor, we were discussing the

phenol problem. Now, in this connection, did you at any time propose

experiments to be conducted at Buchenwald concerning the tolerance of

serum or sera containing phenol? That is, did you propose that in 1942

or 1943 at any time?

DEFENDANT MRUGOWSKY: No. No such suggestions were made and they were not

necessary, because in Germany every serum contains phenol. In the German

serum industry there is no serum produced without phenol. I am speaking

of the sera for therapeutic purposes, not vaccines.

Q. Then at no time did you even propose that experiments be conducted to

determine the tolerance of sera containing phenol; is that what you say?

A. No. I never suggested that.

Q. Are you sure, Doctor?

A. Yes.

MR. HARDY: At this time, your Honor, I offer Document NO-1198 as

Prosecution Exhibit 466, for identification. This is a letter dated

Berlin, 24 August 1944. Subject: Service of experiments. It has

reference-file indexes, addressed to the chief hygienist on the staff of

the Reich Physician SS and Police, Berlin-Zehlendorf:

“Dear Mrugowsky,

“I am able to inform you that the Reich Leader SS has approved

today the series of experiments proposed by you.

“1. Specific therapy with typhus.

“2. Tolerance of sera containing phenol.

“I agree that both series of experiments in the department for

typhus and virus research of the Hygienic Institute of the

Waffen SS in Weimar-Buchenwald should be carried out, and

request that I be informed of the course of the findings,

perhaps through intermediary reports.”

“By order of Grawitz.”

The signature is “NICOLAI”.

Q. Now this states that the Reich Leader SS has approved a series of

experiments proposed by you and the experiments may be carried out in

Buchenwald. You stated that you never proposed experiments to determine

the tolerance of sera containing phenol. Now do you maintain, Doctor,

that you never initiated any experimentation to determine the tolerance

of sera containing phenol?

A. Yes. The connection here is something quite different. I shall

discuss point two first.

I have already said that in Germany there were no sera without phenol.

In connection with this phenol question in German serum, I informed

Grawitz about the question which is being discussed here—Killian and

Schreiber were present—and I told him that industry should try to

produce sera without phenol, as the French serum industry had been doing

for some time. I knew that suggestions to that effect had been sent to

the industry, but that the German serum industry had refused, during the

war, to effect any such basic change in its production because it was

not in a position to obtain the necessary special apparatus, filters,

etc. I therefore told Grawitz that in serum therapy for ordinary

diseases—I was thinking primarily of diphtheria, where large quantities

of serum were used at the time in the therapy against diphtheria once it

had broken out, because the highly concentrated serum was no longer

available in necessary quantities—I told him that in the case of such

diseases one should watch to see whether injury from phenol might

result. I told him also that it would be desirable to know whether serum

without phenol would definitely prevent such shock. I also remember that

this point too had connection with the fact that we had negotiated with

the Behring Works for the production of serum frequently in small

quantities in order to use it, and to compare it with other serum. If I

remember correctly this involved diphtheria serum, that is the serum

which is used most in Germany. The comparison was to be made of symptoms

following the administration of the usual antidiphtheria serum

containing phenol on children, and it was to be noted whether the

symptoms would appear; and the symptoms following the administration of

serum free of phenol were also to be noted. This was what Grawitz meant

here, and he called that a series of experiments. I might point out that

this expressed series of experiments in this case cannot refer to

artificial infection, because it is not possible to have a human being

artificially infected with diphtheria serum.

Q. Doctor, after receiving this confirmation of your proposals to

perform experiments as outlined in this letter, you must have issued

orders in that regard. Now to whom did you issue those orders?

A. No. I did not issue any orders. In my opinion this concerns

activities of some civilian hospitals; for among the troops, and in

concentration camps, we did not have any diphtheria patients.

Q. Just a moment, Doctor. But it is said in this letter that Grawitz

agrees that these experiments can be carried out in the Department for

Typhus and Virus Research of the Hygiene Institute of the Waffen SS in

Weimar-Buchenwald. Did you or did you not carry out these experiments in

Weimar-Buchenwald?

A. No.

Q. Never issued any orders to carry out such experiments to Ding, for

instance?

A. I have already explained what this series of experiments means. It is

possible that I suggested, for example, that he was to vaccinate one

child with one kind of serum and another child with another serum. That

is possible; I don’t remember about that. But to try out serum

containing phenol on human beings, that I did not order. * * *

-----

[80] Complete testimony is recorded in mimeographed transcript, 27, 28,

31 Mar and 2, 3 Apr 1947, pp. 5000-5244, 5334-5464.

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 373 / 486 题