a. Introduction
The defendants Karl Brandt, Gebhardt, Rudolf Brandt, Mrugowsky,
Poppendick, Brack, Pokorny, and Oberheuser were charged with special
responsibility for and participation in criminal conduct involving
sterilization experiments (par. 6 (I) of the indictment). In the course
of the trial the prosecution withdrew this charge in the case of the
defendants Mrugowsky and Oberheuser. On this charge the defendants
Gebhardt, Rudolf Brandt, and Brack were convicted, and the defendants
Karl Brandt, Poppendick, and Pokorny were acquitted.
The prosecution’s summation of the evidence on the experiments for mass
sterilization is contained in its closing brief against the defendant
Rudolf Brandt. An extract from this brief is set forth below on pages
695 to 702. A corresponding summation of the evidence by the defense on
these experiments has been selected from the final plea for the
defendant Gebhardt and closing brief for the defendant Pokorny. It
appears below on pages 702 to 708. This argumentation is followed by
selections from the evidence on pages 710 to 738.
b. Selection from the Argumentation of the Prosecution
_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT
RUDOLF BRANDT_
_Sterilization Experiments_
By 1941 it was the accepted policy of the Third Reich to exterminate the
Jewish population of Germany and the occupied countries.[81] Because of
the pressing need for laborers, sterilization of Jews able to work was
considered as an alternative to outright extermination. (_NO-205, Pros.
Ex. 163._)
In order to ascertain cheap and fast working methods for sterilization,
experimentation on concentration camp inmates by means of drugs
(_NO-036, Pros. Ex. 143_), injection of an irritating solution (_NO-212,
Pros. Ex. 173_) and X-rays and surgical operation (_Tr. pp. 556-9_) were
carried out on a large scale. Brandt not only had full knowledge of
these experiments, but collaborated actively in all of them.
The purpose of the sterilization experiments is well described by Brandt
in his own affidavit:
“Himmler was extremely interested in the development of a cheap
and rapid sterilization method which could be used against
enemies of Germany, such as the Russians, Poles, and Jews. One
hoped thereby not only to defeat the enemy but to exterminate
him. The capacity for work of the sterilized persons could be
exploited by Germany, while the danger of propagation would be
eliminated. As this mass sterilization was part of Himmler’s
racial theory, particular time and care were devoted to these
sterilization experiments. Surgical sterilization was of course
known in Germany and applied; this included castration. For mass
application, however, this procedure was considered as too slow
and too expensive. It was further desired that a procedure be
found which would result in sterilization that was not
immediately noticeable.” (_NO-440, Pros. Ex. 141._)
Sterilization experiments in order to ascertain the efficacy of a drug
known as caladium seguinum (Schweigrohr) were suggested to Himmler by
the defendant Pokorny in October 1941. Pokorny reported that Dr. Madaus
had found, as a result of his research on medical sterilization of
animals, that caladium seguinum produced sterility in animals when
administered orally or by injection. Pokorny further stated in his
letter that:
“* * * the immense importance of this drug in the present fight
of our people occurred to me. _If, on the basis, of this
research, it were possible to produce a drug which after a
relatively short time effects an imperceptible sterilization on
human beings, then we would have a new powerful weapon at our
disposal._ The thought alone that the 3 million Bolsheviks, at
present German prisoners, could be sterilized so that they could
be used as laborers but be prevented from reproduction, opens
the most far reaching perspectives.”
He therefore advocated immediate research on human beings in order to
determine the dose and length of treatment, the cultivation of the plant
caladium seguinum in hothouses, and chemical research in order to
produce the drug synthetically on a large scale. (_NO-035, Pros. Ex.
142._)
Himmler agreed to Pokorny’s suggestions and requested Pohl, on 10 March
1942, to contact Dr. Madaus and to “offer him possibilities for doing
research in cooperation with the Reich Physician SS (Grawitz) on
criminals who would have to be sterilized in any case.” He further
ordered that the intended plan of research should be submitted to him.
It was the defendant Rudolf Brandt who forwarded a copy of this letter
to Grawitz (_NO-036, Pros. Ex. 143_) and furnished him, on 20 April,
with a copy of Pokorny’s report and information on the publications of
Madaus concerning medicinal sterilization of animals. (_NO-037, Pros.
Ex. 146._)
Brandt’s office submitted Madaus’ report on the studies of experiments
on animals to SS Obergruppenfuehrer Heydrich, Chief of the Security
Police and SD. The letter of transmittal, dated 23 April 1942, bears the
same file number as Himmler’s letter to Pohl (752/5) and refers
expressly to “the question of sterilization by medicine.” (_NO-047,
Pros. Ex. 145._)
In June 1942 Brandt requested a report from Pohl, Chief of the WVHA, as
to the progress of the preparation for experiments. (_NO-038, Pros. Ex.
147._) Pohl reported on 3 June 1942 that since “Schweigrohr,” from which
caladium seguinum was derived, grew only in North America and could not
be exported in adequate quantities, attempts to grow the plant from seed
cultivated in hothouses had been made by Dr. Koch of the Biological
Institute of the Madaus Works. These attempts had been successful, but
the process of growing the plant and developing the drug was not speedy
enough and the yield not sufficient to permit experimentation on a
_large scale_. In order to remove these difficulties, he said that it
would be necessary to build a larger hothouse. (_NO-046a, Pros. Ex.
148._) On 11 June, Brandt advised Pohl that he had informed Himmler of
his letter and that Himmler wanted Pohl to see to it that a large
hothouse was placed at Dr. Koch’s disposal as soon as possible as
Himmler considered the experiments extremely important. Brandt also
asked Pohl for further reports in the matter. (_NO-046b, Pros. Ex.
149._) Only eight days later Brandt himself had a conference with Pohl
in which, among other things, he informed Pohl of Himmler’s request to
have the ingredients of caladium seguinum thoroughly investigated to
determine whether equally effective ingredients could be found in plants
more easily accessible. Brandt requested that the work of Dr. Koch
should be carried out to the fullest extent. He informed Pohl that
experiments should be conducted in concentration camps with the amount
of the drug then available. Pohl agreed to take the necessary steps at
once. (_NO-044, Pros, Ex. 150._) Department IV-B-4 of the Reich Security
Main Office, the agency which was in charge of the solution of the
Jewish question[82] was informed by a subordinate of Brandt about
Madaus’ research work and requested to collaborate closely with Pohl in
this matter. (_NO-050, Pros. Ex. 151._) A copy of this letter was
forwarded to the defendant Rudolf Brandt. (_NO-051, Pros. Ex. 152._)
The Deputy Gauleiter of Gau Lower Danube (Lower Austria), SS
Obergruppenfuehrer Gerland, informed Himmler on 24 August 1942 that the
Director of the Office for Racial Policy in that province, Dr.
Fehringer, had examined the question of mass sterilization and, in this
connection, had come across Dr. Madaus’ studies on medicinal
sterilization with caladium seguinum. For reasons similar to those
suggested by the defendant Pokorny (_NO-035, Pros. Ex. 142_), Gerland
advocated experimentation on inmates of the gypsy camp of Lackenbach in
Gau Lower Danube. Gerland pointed out that if these experiments were
successful, as was expected, it would be possible to sterilize
practically unlimited numbers of people in the shortest time and in the
simplest way conceivable. (_NO-039, Pros. Ex. 153._)
It was the defendant Rudolf Brandt who took the matter up and informed
Gerland on 29 August of the steps which had already been taken in
respect to experiments with caladium seguinum. From Brandt’s letter, it
is apparent that Himmler was not present at that time. Brandt took care
of this matter on his own initiative and informed Gerland that Pohl and
Grawitz were in charge of the experiments. He requested information from
Gerland whether Dr. Fehringer had caladium seguinum available and what
means for the procurement of this plant the latter would suggest.
(_NO-040, Pros. Ex. 154._) Copies of Gerland’s letter were forwarded by
Brandt to Pohl and Grawitz. On 7 September 1942, Pohl gave Gerland
further details and informed him that he and Dr. Lolling were personally
supervising the experiments. Pohl, in turn, sent copies of this letter
to Rudolf Brandt and Grawitz. In the covering letter to Brandt, Pohl
informed him that he had been to the Madaus Works to convince himself of
the progress of the experiments and that Dr. Lolling would cooperate in
them. An agreement had been reached with Madaus “to transfer the
experiments to our concentration camps as soon as possible.” (_NO-041,
Pros. Ex. 156._)
On 14 October 1942, Gerland wrote to Rudolf Brandt and informed him of
the letter he had received from Pohl. He stated that he considered Dr.
Fehringer’s suggestion to use inmates of the gypsy camp of Lackenbach as
obsolete, as Pohl had informed him that Lolling was already
collaborating with the Biological Institute of Madaus. He further
advised Brandt that Fehringer was of the opinion that it was quite
possible to produce caladium seguinum chemically or have the plant
cultivated in hothouses to an extent which would be sufficient for
experimental purposes. He also suggested collaboration between Lolling
and Fehringer. (_NO-043, Pros. Ex. 157._) Brandt’s reply of 25 October
reveals that he, on his own initiative in Himmler’s absence, agreed to
the collaboration between Fehringer and Lolling. (_NO-049, Pros. Ex.
159._) Brandt sent copies of Gerland’s letter of 14 October (_NO-043,
Pros. Ex. 157_) and his reply (_NO-049, Pros. Ex. 159_) to Pohl. In his
covering letter to Pohl he expressed the conviction that in spite of the
fact that he could not consult Himmler, he was convinced that the latter
would certainly welcome experiments to produce caladium seguinum
synthetically. He asked Pohl to arrange for a contact between Lolling
and Fehringer. (_NO-048, Pros. Ex. 158._)
There is no reasonable doubt that the sterilization experiments with
caladium seguinum were, in fact, carried out on concentration camp
inmates. Himmler, who was the highest authority to decide such
questions, not only gave his consent to these experiments (_NO-036,
Pros. Ex. 143_) but considered them “extremely important” (_NO-046b,
Pros. Ex. 149_) and requested that they should be carried out in the
concentration camps _in any case_. (_NO-044, Pros. Ex. 150._) Pohl, who
was in charge of the administration of the concentration camps, agreed
upon the request of Brandt to take the necessary steps immediately.
(_NO-044, Pros. Ex. 150._) There can be no doubt that Department IV-B-4
of the Reich Security Main Office, which was charged with the solution
of the Jewish question, was informed about Madaus’ research work for the
purpose of furnishing the necessary Jewish victims for the experiments.
The collaboration of Dr. Lolling, who was the doctor in charge of all
concentration camps, can only be explained in connection with
experimentation in these camps. This is also clear from Gerland’s letter
to Brandt:
“SS Obergruppenfuehrer Pohl has informed me that _the doctor of
his Main Office_ is already collaborating with the Madaus
Biological Institute for research on the effects of caladium
seguinum, so that the suggestion of my District Main Office
Leader, Dr. Fehringer, _becomes obsolete_.” [Emphasis added.]
(_NO-043, Pros. Ex. 157._)
It can only be concluded that Pohl and Lolling carried out the
experiments in concentration camps as was agreed upon between them,
Himmler, Brandt, and Madaus. (_NO-043, Pros. Ex. 157._) Moreover, Brandt
himself admitted in his affidavit that experiments with caladium
seguinum on human beings were performed in concentration camps:
“As result of Pokorny’s suggestion experiments were conducted
upon concentration camp prisoners in order to test the effect of
the drug. Simultaneously all efforts were made to cultivate the
plant in large quantities. Oswald Pohl, Chief of the Economic
and Administrative Main Office, took a personal interest in this
matter. Hothouses were used, with a certain amount of success,
to cultivate this plant, and the experiments were continued.”
(_NO-440, Pros. Ex. 141._)
On 30 May 1942, Dr. Clauberg wrote to Himmler asking his support on
sterilization experiments on female concentration camp inmates.
(_NO-211, Pros. Ex. 169._) On 4 June the defendant Poppendick forwarded
to Rudolf Brandt a list of doctors who were authorized to carry out
sterilization. Clauberg is listed among these doctors. (_NO-214, Pros.
Ex. 168._) On 7 and 8 July, a conference took place between Himmler,
Gebhardt, Gluecks, and Clauberg. The topic of discussion was the
sterilization of Jewesses. Clauberg was promised by Himmler that the
Auschwitz concentration camp would be placed at his disposal for
experiments on human beings. He was assigned the task of performing
experiments to test a method of sterilizing persons without their
knowledge. He was ordered to report on this matter as soon as possible
so that measures could be taken “for the practical realization of the
sterilizations on a larger scale”. It was suggested that Hohlfelder be
consulted on the sterilization of men by X-rays. The participants in the
conference were admonished that these experiments were a matter of
utmost secrecy. Rudolf Brandt denied having been present at this
conference. Be that as it may, one of the two file memoranda which
reveal complete knowledge of all details discussed in this conference
was dictated by Brandt (_NO-215, Pros. Ex. 172_), and the other was
signed by him. (_NO-216, Pros. Ex. 170._)
On 10 July 1942, Rudolf Brandt wrote a letter to Clauberg in which he
informed him of the details of his assignment and the plans for the
execution of the experiments. Clauberg was ordered to report to Himmler
on how long it would take to sterilize, a thousand Jewesses by his
method. It was suggested that Clauberg should contact Pohl and a camp
physician of the Ravensbrueck concentration camp in order to perform
there his sterilization experiments. Brandt stated further:
“Thorough experiments should be conducted to investigate the
effect of the sterilization, largely in a way that you could
find out after a certain time, which would have to be _fixed,
perhaps by X-rays_, what kind of changes have taken place. In
some cases a practical experiment might be arranged by locking
up a Jewess and a Jew together for a certain period and then
seeing what results are achieved.
“I ask you _to let me know your opinion about my letter for the
information of the Reich Leader SS_.” [Emphasis added.]
(_NO-213, Pros. Ex. 171._)
Copies of this letter were sent by Brandt to Pohl, Grawitz, SS
Sturmbannfuehrer Koegel of the Economic and Administrative Main Office,
and to Gruppenfuehrer Mueller of the Reich Security Main Office. On 7
June 1943, Clauberg was able to report, on the basis of his experiments,
that it would be possible to sterilize several hundred, if not a
thousand, per day by his methods. He stated that sterilization could be
“performed by a single injection made from the entrance of the uterus in
the course of the usual customary gynecological examination”. (_NO-212,
Pros. Ex. 173._)
The sterilization experiments of Clauberg were, in fact, carried out in
the Auschwitz concentration camp. Brandt communicated with Clauberg on
this matter again on 19 June and 22 July 1943. While these two letters
are not available, it is clear from Clauberg’s reply to Brandt, dated 6
August, that these communications were reminders to Clauberg to expedite
his experimentation. In his reply, Clauberg stated:
“I really do need the _second X-ray installation—I can give you
the explanation only by word of mouth—at any rate the
probability exists that even more of the installations will be
needed later on_ (_it depends on, the application of my results
the moment these are determined_). For I can get the
installation without further difficulties, that is, it is
‘_waiting_’ for me—_really I have got it already_!
“I had an opportunity _to acquire one myself_ and I quickly laid
hands on it, and the installation has been set up for some
weeks. But what I care for is the following:
“_I urgently need this installation here in Koenigshuette for my
contrary (positive) research. But I cannot spare it in Auschwitz
until I get a second installation from the Waffen SS._ If I may
tell you something between ourselves—the fact is that I will
_be able to replace my own existing installation provided the
Reich Leader SS will give me his approval_. I would not bother
either him or you with this _unless it were really necessary_.”
(_NO-210, Pros. Ex. 174._)
Brandt himself admitted in his affidavit that Clauberg did carry out
sterilization experiments in the Auschwitz concentration camp on a large
scale. He stated:
“Dr. Clauberg developed further a method for the sterilization
of women. This method was based upon the injection of an
irritating solution into the uterus. Clauberg conducted
widespread experiments on Jewish women and gypsies in the
Auschwitz concentration camp. Several thousand women were
sterilized by Clauberg in Auschwitz.” (_NO-440, Pros. Ex. 141._)
Sterilization of Jews by means of X-rays was suggested to Himmler by the
defendant Brack in the spring of 1941. (_NO-426, Pros. Ex. 160._)
Himmler requested Brack to investigate with some of the physicians who
were active in the euthanasia program, the possibility of sterilization
which would keep the victims unaware of their terrible fate. (_Tr. p.
7484._) On 28 March 1941, Brack forwarded to Himmler a report of the
results of experiments concerning X-ray castrations in which he stated
that mass sterilization by means of X-rays could be carried out without
difficulty. Brack estimated that with twenty X-ray installations,
sterilization of 3,000 to 4,000 victims could be carried out daily.
(_NO-203, Pros. Ex. 161._) On 12 May 1941 a subordinate of Brandt, SS
Sturmbannfuehrer Tiefenbacher, acknowledged receipt of Brack’s report
and sent a copy to the Chief of the Security Police and SD, Heydrich.
(_NO-204, Pros. Ex. 162._)
The invasion of Russia began in the summer of 1941 and Brack’s proposal
was not acted on immediately, but on 23 June 1942, when Germany appeared
to be on the verge of victory, Brack again wrote to Himmler suggesting
the sterilization of Jews who were able to work. Jews unable to work
were being exterminated. (_NO-205, Pros. Ex. 163._) Himmler wrote to
Brack on 11 August 1942 that further experiments to ascertain the
effectiveness of X-ray sterilization should be carried out on
concentration camp inmates by expert physicians who were to be furnished
by Brack’s chief, Bouhler. Rudolf Brandt sent copies of this letter to
Pohl and Grawitz in order to put Himmler’s decision into effect.
(_NO-206, Pros. Ex. 164._) Brack ordered his deputy, Blankenburg, to
contact the chiefs of the concentration camps for this purpose.
Blankenburg’s letter, which communicated this fact to Himmler, was
received by Brandt’s office on 15 August 1942. (_NO-207, Pros. Ex.
165._) As a result, experiments on inmates in the Auschwitz
concentration camp were carried out by Dr. Schumann. (_NO-208, Pros. Ex.
166._) One of the victims of these atrocious experiments who, after
having been subjected to severe doses of X-ray in the genital area, was
castrated by operation in order to determine the effects of the X-ray.
(_Tr. p. 541._) At least 100 involuntary experimental subjects—Poles,
Russians, French, and prisoners of war—were used for these experiments.
Only young, well-built inmates, in the best of health, were selected for
them. (_Tr. pp. 556-7._) Nearly all the victims of these experiments
were exterminated as the severe X-ray burns made them incapable of
working. (_Tr. p. 557; Tr. p. 543._) Brandt admitted in his pretrial
affidavit that “sterilization experiments were likewise conducted with
X-rays. Dr. Schumann applied this procedure in Auschwitz and sterilized
a number of men.” (_NO-440, Pros. Ex. 141._)
* * * * *
c. Selection from the Argumentation of the Defense
_EXTRACT FROM THE FINAL PLEA FOR DEFENDANT
GEBHARDT_[83]
* * * * *
_The Sterilization Experiments_
The defendant Gebhardt is also accused of special responsibility for
these experiments and of participation in them. The evidence, however,
proved that this contention of the indictment is not true. First of all
it should be pointed out that the life work of the defendant Gebhardt as
a physician was based on the principle of helping the physically and
mentally affected and to find cures for restoring them as fully
qualified members of human society. That was the reason for the
establishment of the training camp Hohenaschau in the lower Alps of
Bavaria, which was repeatedly mentioned in the evidence. He also made
this principle the finding principle of his work as chief physician of
the hospital at Hohenlychen. The defendant Gebhardt did not hold the
opinion that a sound population policy could be realized by negative
measures only; on the contrary, he was convinced that the faculties of
physically and mentally handicapped patients ought to be improved by new
methods of treatment and their efficiency thus increased. He applied
these principles not only in his rehabilitation surgery dealing with
injuries but also in the cure of hereditary physical defects. I am here
referring to the affidavits of Professor Dr. Iseling, Professor Dr.
Buerkle de la Camp, and of the Generalarzt, Dr. von Heuss. (_Gebhardt 7,
Gebhardt Ex. 1_; _Gebhardt 8, Gebhardt Ex. 2_; _Gebhardt 9, Gebhardt Ex.
3_.) I further refer to the affidavits presented in court as exhibits in
volume II of my document books. All these witnesses’ affidavits in
connection with the defendant’s own statements make it obvious that his
medical attitude was not based on the principle of negative selection
and the destruction of unworthy lives or the prevention of propagation
of such human beings but, on the contrary, that he was led by the
conviction that these human beings must be helped insofar as medical
science was able to help them at all. In their presentation of evidence,
the prosecution presented documents concerned with the sterilization
experiments. It is obvious from these documents that three different
methods of quick and simple sterilization had been considered.
The first experiments were supposed to be carried out with caladium
seguinum. The documents presented in this connection proved clearly that
the defendant Gebhardt had nothing to do with this matter and that he
apparently had no knowledge of it. May I, as a matter of precaution,
point out the following: to start with, I wish to refer to the letter of
Reich Leader SS Himmler to SS Obergruppenfuehrer Pohl of 10 March 1942,
which proves that the experiments with caladium seguinum were supposed
to be carried out on criminals whose sterilization had been ordered
before that anyway. (_NO-036, Pros. Ex. 143._) In this connection I
should like to point out that the German Penal Code expressly provides
in certain cases for compulsory sterilization and castration of certain
types of criminals. The experiments in themselves, therefore, need not
be contrary to the law. From the other documents presented by the
prosecution it is, however, to be seen that the plans to carry out
sterilizations with caladium seguinum were dropped. It turned out that a
cultivation of this plant, or at least of a quantity adequate for
experimental purposes was impossible. From the evidence presented by the
prosecution it is obvious that it only came to preparatory measures
which, according to generally acknowledged principles, cannot be
considered punishable.
The second part of the documents deals with sterilization by X-rays. The
prosecution presented no evidence from which it can be concluded that
the defendant Gebhardt had knowledge of this matter.
Finally, the third part of the documents deals with sterilization
experiments conforming with the methods of Professor Dr. Clauberg. From
Professor Dr. Clauberg’s letter to the Reich Leader SS Himmler dated 30
May 1942 presented by the prosecution as evidence, it is obvious that
the initiative for these experiments and the methods used originated
exclusively with Professor Clauberg himself. In this connection, it must
be pointed out that it was quite obvious that Professor Clauberg’s
intention was not only to develop the simplest possible method of
sterilization, but that he aimed at the establishment of an
all-inclusive “Research Institute for Propagation Biology” with due
consideration for the demands of a positive population policy. This is
demonstrated among other things by the content of Document NO-211,
Prosecution Exhibit 169, and the plan for this research institute
attached to that document.
In the course of evidence and referring to the sterilization
experiments, the prosecution has submitted two file notes of the
defendant Rudolf Brandt (_NO-216, Pros. Ex. 170_; _NO-215, Pros. Ex.
172_) which refer to a discussion with the Reich Leader SS on 7 July
1942 and 8 July 1942, in which the defendant Gebhardt had participated.
The evidence has shown that these are two file notes which refer to the
same discussion. The evidence, however, has further demonstrated that
this was the very discussion during which the conditions were
established under which the sulfanilamide experiments were to be carried
out. This was the reason why the defendant Gebhardt took part in this
discussion at all. The defendant Rudolf Brandt who had written these
file notes did not participate in the discussion, and obviously the file
notes were made due to some remarks made by Reich Leader SS Himmler to
the defendant Brandt following the discussion.
The fact that the defendant Gebhardt had nothing whatsoever to do with
these sterilization experiments is also demonstrated by another document
which was also introduced as evidence by the prosecution. I refer in
this connection to the letter which the defendant Brandt by order of the
Reich Leader SS sent to Professor Clauberg on 10 July 1942, that is, a
few days after the discussion mentioned. This letter has been submitted
to the Tribunal by the prosecution. (_NO-213, Pros. Ex. 171._) Copies of
this letter were sent to SS Obergruppenfuehrer Pohl, to SS
Gruppenfuehrer Grawitz in his capacity as Reich Physician SS and to two
other offices, but not to the defendant Gebhardt. There can be no doubt
that a copy of this letter would have been sent to this defendant, too,
if his participation in Clauberg’s experiments would have been decided
upon or even considered in any form. This seems to be the more
impossible, apart from the reasons already given, since the defendant
Gebhardt at no time concerned himself with sterilization problems. In
this connection it is necessary to refer briefly to the affidavit of the
defendant Rudolf Brandt, of 19 October 1946, which has been introduced
by the prosecution and in which it is asserted among other things that
“Dr. Karl Gebhardt apparently performed surgical sterilization at the
Ravensbrueck camp.” (_NO-440, Pros. Ex. 141._) By the wording of this
affidavit it is already demonstrated that here only an assumption is
stated. The defendant Rudolf Brandt could not state any facts on which
he could base this assumption. In view of the other result of the
evidence, and above all because of Rudolf Brandt’s own statements, no
substantial value can be attached to this affidavit. In these
circumstances it will be useless to discuss this question any further,
especially also in view of the fact that surgical sterilization offers
no problems and that it is difficult to understand what reasons the
defendant Gebhardt could have had to work on this field which was quite
foreign to him.
* * * * *
_EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT
POKORNY_
* * * * *
Sterilization with caladium seguinum is impossible as is shown by the
following opinions:
1. Opinion of Dr. August Wilhelm Forst of the University of Munich.
(_Pokorny 20, Pokorny Ex. 28._) This opinion states:
“Apart from all these restrictions it appears to me that the
whole idea cannot claim to have any actual significance, since
it would hardly have been possible to import tropical plants in
large numbers to Europe during the war and to work out a
rational method for production of the effective substance as
well as the initiation of animal experiments on a broad basis.
This would have required disproportionally more time than was
available up to the time when the war was lost.”
2. Opinion of Professor Dr. Helmuth Weese, Director of the
Pharmacological Institute of the Medical Academy in Duesseldorf.
(_Pokorny 19, Pokorny Ex. 27._) This opinion states:
“Asked whether it can be assumed that after studying the work of
G. Madaus and Dr. E. Koch, ‘Studies in Animal Experiments
concerning Medical Sterilization by Caladium Seguinum’ in the
Journal of Experimental Medicine, page 68, 1941, a doctor can
come to the conclusion that he can sterilize human beings with
caladium seguinum, I have the following comment:
“In the research mentioned it was proved that the authors
managed to sterilize rats by feeding them with the juice of
caladium seguinum. The proof is not only given by pairing
experiments but by anatomical examinations. In order to achieve
this sterilization of female as well as of male rats weighing
150-180 grams, daily doses of ½ cubic centimeter for each rat
had to be administered 30-50 times and 40-90 times,
respectively, without assuring a certain result. Applied to a
human being weighing 70 kilograms this would mean that 200 grams
of juice would have to be administered daily.
“It is also proved in these examinations that a large number of
the animals treated died from the poisonous effects of the
caladium juice. The juice has therefore no specific action on
the reproductive system. It is still completely unknown if these
injurious complications are caused by the main substance of the
juice or any other ingredients.
“Such nonspecific damage to the reproductive system in similar
ways but with different substances is also observed in human
beings, for example as result of serious abuse of nicotine,
morphine, etc., where it also occurs only together with most
severe harm to other functions.
“The question arises for every doctor if these experiments on
rats can be applied to human beings at all. Madaus and Koch
reject them on principle because they merely want to determine
if the layman’s belief about sterilizing men with large amounts
of the caladium extract can be proved in animal experiments.
“A prerequisite for the use of the caladium extract on human
beings in our countries would be the cultivation in central
Europe of the South American caladium. This appears extremely
improbable to any student of natural science with the least
experience. Even if it could be cultivated, this would not prove
that it would produce the same effective substances in
sufficient quantities in our moderate climate.
“Because of the uncertain effect of the caladium extract, its
high toxicity, the doubts as to its successful cultivation and
use in our moderate climate, I consider it extremely improbable
that even a doctor with only average intelligence could in
seriousness embark on an experiment to sterilize human beings
with caladium extract. No other convincing foundation on which
the problem under discussion might be based besides the work of
Madaus and Koch is known to me.”
3. Opinion of Dr. Friedrich Jung, lecturer at the Pharmacological
Institute of Wuerzburg University. (_Pokorny 30, Pokorny Ex. 30._) This
opinion states:
“Summary: The findings of Madaus and Koch in their work ‘Studies
in Animal Experiments concerning Medical Sterilization by
Caladium Seguinum’ are certainly valid, but they do not prove
anything with regard to a specific sterilizing effect of
caladium seguinum; they are rather to be accepted as part of the
general poisonous effect of the caladium extract. One can
therefore sterilize with caladium or achieve the effect of
castration, but not more and not less than one can sterilize by
hunger, vitamin deficiency, infections, psychic insults, etc.
The experiments of Madaus and Koch are in no way conclusive with
regard to human beings. The symptoms on the sexual glands of the
experimental animals are only a reversible partial symptom of a
long lasting, almost fatal, serious injury to the entire
organism, and have no connection with an actual sterilization or
castration. Dr. Pokorny’s proposals based upon certain
completely unfounded conclusions drawn from Madaus’ work can be
recognized even by slightly educated men as quite apparently
utopian.”
4. The expert witness of the prosecution, Dr. Friedrich Scheiffart,
writes (_NO-3347, Pros. Ex. 546_):
“The experimental sterilization by caladium seguinum is a
scientifically interesting but, in practice, an unimportant
addition to the group of pharmacological methods of
sterilization, which without exception in their totality have
not gone beyond a certain theoretical interest.”
The prosecution itself states (_Tr. p. 525_):
“The prosecution admits openly that it cannot prove that
sterilization was actually brought about through this drug. We
have not been able to find anybody who has been actually
sterilized by it. But we maintain that it is nevertheless a
crime. We strongly hope that no permanent sterilization has been
caused in any case with this drug. However it is fortunate that
the plants from which this substance was received could not be
cultivated to a greater extent.”
_Final Summary of the Defense_:
Nothing could or did occur with the caladium plant as the prosecution
admits and as has completely been proved by the expert opinions.
In an affidavit by Karl Tauboeck (_NO-3963, Pros. Ex. 528_) the
prosecution referred to the idea that sterilization with caladium
seguinum is not an ideal one, but a matter which lies well within the
bounds of possibility.
The defense on the other hand contends that this affidavit is lacking in
credibility because of the expert opinions. The expert witness of the
defense, university lecturer Dr. Friedrich Jung, in his enclosure to the
expert opinion (_Pokorny 30, Pokorny Ex. 30_) comments as follows on
Karl Tauboeck’s affidavit:
“Concerning the person—
“Dr. Tauboeck is, according to his education, a natural
scientist with additional specialized studies in plant
chemistry. His medical education is confined to histology,
physiology, physiological chemistry, immunology, and
pharmacology. By virtue of his education, he calls himself ‘a
specialist in this field’, i. e., in the field of medicamental
sterilization. I should like to stress the fact that the title
‘specialist’ in the field of sterilization presupposes
considerable medical and in particular gynecological knowledge,
which generally may be acquired only in a complete study of
medicine or a penetrating study over several years in the
_materia medica_.
“The affidavit of Dr. Tauboeck in several places lacks that
critical attitude which is so necessary in scientific questions,
especially if they are discussed under oath. Dr. Tauboeck
states, for example, under point 5, that caladium seguinum was
used as a means of sterilization by the natives of Brazil. He
calls this assertion of the Indians, which has been reported in
literature, a fact. Under point 6 he calls the reports from
Brazil vague, only to assert literally several lines further on
that ‘the Brazilian natives have already reached castration
effects with an arrow wound, i. e., with an intramuscular
injection’. This assertion is not proved, and is therefore, in
my opinion, out of place in an affidavit. Furthermore Dr.
Tauboeck makes a large number of apodictic assertions, for which
he brings no direct proof whatever and which he tries to
strengthen with the help of absolutely impermissible
generalizations of the examples listed under points 7 a-d. Such
analogical conclusions are not permissible in a serious
scientific explanation, the more so since also the examples
brought by him are by no means unobjectionable. Moreover, Dr.
Tauboeck, under point 8, draws a conclusion from the experiments
by Madaus and Koch, which can only be based on an insufficient
knowledge of these experiments. He writes literally: ‘This
bitter substance was lacking in the plants of the firm Madaus,
the use of the pressed juice for feeding was accomplished there
without any irritation of the pharyngeal mucous membranes or the
tongue.’ According to the evidence on hand, Madaus and Koch
administered the pressed juice through probing, no doubt in
order to avoid this very irritation.
“These findings may be further enlarged upon by attentive
reading of Dr. Tauboeck’s statement. I, therefore, do not
consider Dr. Tauboeck to be qualified as a scientific expert in
this question.”
* * * * *
_Conclusion of the Defense_:
The affidavit of Karl Tauboeck produced at the end of the case-in-chief
cannot alter the fact that it is impossible to sterilize or castrate
human beings with caladium seguinum.
d. Evidence
_Prosecution Documents_
Pros. Ex.
Doc. No. No. Description of Document Page
NO-3963 528 Extracts from affidavit of Karl Wilhelm 710
Friedrich Tauboeck, 18 June 1947, concerning
the development of, and experiments with
sterilization drugs.
NO-035 142 Letter from Pokorny to Himmler, October 1941, 713
concerning a sterilization drug to be used
against Germany’s enemies.
NO-036 143 Letter from Himmler, 10 March 1942, to Pohl 714
(initiated by Rudolf Brandt) concerning a
sterilization drug and suggesting further
research on criminals.
NO-038 147 Letter from Rudolf Brandt to Pohl, June 1942, 715
transmitting an inquiry by Himmler as to the
progress made with experiments for medical
sterilization.
NO-046a 148 Letter from Pohl to Himmler, 3 June 1942, 716
concerning the development of a
sterilization drug by the firm of Dr. Madaus
and Co.
NO-046b 149 Letter from Rudolf Brandt to Pohl, 11 June 717
1942, asking him on behalf of Himmler to set
up a large hothouse for the development of a
sterilization drug.
NO-039 153 Letter from Gund to Himmler, 24 August 1942, 717
concerning research in medical sterilization
and development of sterilization drugs.
NO-203 161 Covering letter from Brack to Himmler, 28 719
March 1941, with report on experiments
concerning sterilization and castration by
X-rays.
NO-205 163 Letter from Brack to Himmler, 23 June 1942, 721
proposing sterilization of two to three
million Jews.
NO-206 164 Letter from Himmler (countersigned by Rudolf 722
Brandt), 11 August 1942, addressed to Brack,
concerning Himmler’s interest in
sterilization experiments.
NO-208 166 Letter from Blankenburg to Himmler, 29 April 723
1944, regarding employment of Dr. Horst
Schumann on experiments concerning the
influence of X-rays on human genital glands
in connection with similar experiments
conducted at concentration camp Auschwitz.
NO-211 169 Letter from Professor Clauberg to Himmler, 30 724
May 1942 (referring to a letter from Rudolf
Brandt), concerning the urgency of research
into biological propagation and
sterilization without operation, and draft
of a “Research Institute for Biological
Propagation.”
NO-216 170 Memorandum of Rudolf Brandt, July 1942, on a 728
discussion between Himmler, Gebhardt,
Gluecks, and Clauberg concerning
sterilization experiments conducted on
Jewesses.
NO-213 171 Letter from Rudolf Brandt to Clauberg, 10 July 729
1942, transmitting instructions of Himmler
to perform sterilizations on Jewesses at
concentration camp Ravensbrueck.
NO-212 173 Letter from Professor Clauberg to Himmler, 7 730
June 1943, reporting on research in
connection with the sterilization of women.
_Testimony_