Chapter VII: Extracts From Argumentation and Evidence of Prosecution and Defense (10)

_For proof, the prosecution refers to NO-721, Prosecution Exhibit 126._

Regarding 3546-PS, Prosecution Exhibit 123, Sievers’ diary 1944, entries of 22 February 1944 and 31 May 1944, the prosecution states:

“From this document it can be seen that on or about 1 April 1942
Wolfram Sievers had knowledge of Dr. Schilling’s activity in
Dachau. This letter represents a proposal for planned further
experiments and clearly shows that the distinguished Wolfram
Sievers in his capacity as Reich Business Manager of Ahnenerbe
had a finger in all these matters.”

The defense has proved:

Sievers stated in his cross-examination that the affairs which he discussed with Dr. May on 1 April 1942 in Munich had nothing whatsoever to do with malaria experiments. Sievers paid a social visit to Dr. Schilling in Dachau in the middle of the year 1944 in order to get Dr. Ploetner released for the manufacture of pectin. (_Cross-examination of Sievers, German Tr. pp. 5692-93._) Neither Sievers nor the Ahnenerbe nor the Institute for Military Scientific Research [Institut fuer Wehrwissenschaftliche Zweckforschung] had anything to do with malaria experiments. (_Cross-examination of Sievers, German Tr. p. 5693_; _Statement of the witness Dr. May, German Tr. p. 5877_.) Neither can there be proved from Point four of the memorandum of 1 April 1942 (_NO-721, Pros. Ex. 126_) any connection of Sievers with the malaria experiments.

An affidavit of the secretary Hildegard Wolff relates how the memorandum of 1 April 1942 and the drawing up of Point four came about. She took down and typed the memorandum from Sievers’ dictation. (_Sievers 11, Sievers Ex. 8._) According to this, Sievers, in the very hurried dictation, said Frau Wolff should write down as Point four what Himmler had said in his telephone conversation about the erection of the institute in Dachau. Therefore, not Sievers’ but Himmler’s opinion is stated here.

Through the discussion of 1 April 1942 between Sievers and Dr. May it had been made completely clear that human experiments within the framework of the research order to Dr. May were absolutely out of the question, not only for the reason that such experiments would have been rejected on principle, but also because human experiments had nothing whatsoever to do with the task of developing an insecticide for insects harmful to human beings. Moreover, no other kind of human experiment was carried out in connection with Dr. May’s work. The witness, Dr. May, testified concerning Sievers’ diary entry of 22 February 1944 that there never existed any cooperation between Dr. May, Dr. Ploetner, and Dr. Schilling. (_Witness Dr. May, German Tr. p. 5878._)

That, however, would have been a necessary condition in order to classify Sievers’ administrative activity in this connection as participation.

As to points four, five, six, seven, there is no occasion for statements concerning these points.

_Summary_

Since Sievers took no part in the malaria experiments of Professor Schilling at Dachau or any other malaria experiments, he is not guilty of a crime. Thus any special responsibility and participation in malaria experiments is excluded.

* * * * *

_EXTRACT FROM THE CLOSING BRIEF FOR
DEFENDANT ROSE_

* * * * *

_Statements Concerning the Question of Responsibility of the
Defendant Rose for the Malaria Experiments Carried Out by
Professor Claus Schilling at the Concentration Camp Dachau and
Concerning the Question of Rose’s Participation in These
Experiments._

In the indictment, Professor Rose is not charged with special responsibility for the malaria experiments carried out by Professor Schilling at the Dachau concentration camp or with participation. The defendant Rose is also not mentioned in Document Book No. 4 of the prosecution which deals with these malaria experiments. In the course of the verbal proceedings in the court, the prosecution has, however, preferred charges against Professor Rose to this effect and introduced several new documents in the trial during the cross-examination of defendant Rose (_NO-1752, Pros. Ex. 487_; _NO-1753, Pros. Ex. 488_; _NO-1755, Pros. Ex. 489_; _NO-1756, Pros. Ex. 486_) and also heard the witness Vieweg concerning this question. (_German Tr., 13 Dec. 46, pp. 464-516._)

This evidence shows that among others also the Department for Tropical Diseases of the Robert Koch Institute in Berlin, under the direction of the defendant Rose, sent anopheles eggs and malaria cultures on a few occasions to Professor Schilling at Dachau during the years 1942 to 1943. At this juncture it should be mentioned that it is completely immaterial for the judgment of the case what the name of the culture of malaria tertiana was and whether or not its name was first changed by Schilling to “Culture Rose”. The above-mentioned evidence also shows that Professor Schilling told Professor Rose in two of his letters about his breeding of mosquitoes; finally it also shows that Professor Schilling asked the defendant Rose from Italy to procure for him spleens of persons whose death had been caused by malaria. This was in 1941, at a time when Schilling was not yet working in Dachau. According to the testimony given by the defendant Rose during cross-examination (_Tr. pp. 6412-3_), he evidently complied with Schilling’s request.

The Tribunal will have to decide whether these above-mentioned activities of the Department for Tropical Diseases of the Robert Koch Institute under the management of the defendant Rose or his own activities, constitute, within the meaning of the Penal Code, participation on the part of the defendant Rose in the deeds of Professor Schilling. In my opinion this decision can only be a negative one, for the followings reasons:

The delivery of material necessary for malaria research such as anopheles eggs and malaria cultures was one of the official duties of the Department for Tropical Diseases of the Robert Koch Institute. (_Rose 11, Rose Ex. 27._) This department had a section which dealt exclusively with these matters. This can be seen from both the yearly reports of the Robert Koch Institute and from the report covering the Third Conference East of Consulting Specialists discussing work-projects. (_Rose 38, Rose Ex. 10_; _Rose 10, Rose Ex. 26_; _Rose 12, Rose Ex. 28_.) Deliveries of this kind are internationally common practice and were never denied by the defendant Rose. It is also common practice to use the organs of human corpses for the carrying out of scientific research. (_Tr. p. 6474_; _Rose 51, Rose Ex. 50_.)

The prerequisites for such deliveries are that they are requested either by well-known institutes or by renowned research scientists. It cannot be denied that Schilling, a coworker of Robert Koch and a member of the malaria commission of the League of Nations, was famous as a malaria research scientist. In a case of this kind, the non-delivery of such material would have been an express violation of traditional practice and of official duty. It is also not international usage for the orderer to be questioned about the intended use of the material before its delivery. (_Compare Mrugowsky 4a, Mrugowsky Ex. 96_; _Rose 49, Rose Ex. 48_; _German Tr., 19 June 47, p. 9680_.) Even if Professor Rose declared, in the witness box during examination on his own behalf, that he assumes full responsibility for it, it should be mentioned here that such deliveries are carried out in such a routine way that the chief of the institute often knows nothing about it since these matters are dispatched independently by the personnel employed by him in the laboratory. This also was the procedure in the case in question as the evidence shows unequivocally. (_Rose 35, Rose Ex. 32_; _German Tr., 16 Dec. 46, p. 507_; _Tr. pp. 6020, 6352_.) Thus, it is by no means surprising that the defendant Rose could no longer remember the correspondence with Professor Schilling put before him by the prosecution during cross-examination especially since undoubtedly it often happens that, as in the case in question, although the letters are sent by the orderer to the head of such an institute personally, the dispatching of the order is nevertheless carried out independently by the personnel of the institute.

Besides, the delivery of these materials by the Department for Tropical Diseases of the Robert Koch Institute to Professor Schilling was by no means a prerequisite for the carrying out of his experiments in Dachau, since it has already been established that Schilling obtained no less than 12 other malaria cultures from other institutes. (_NO-1752, Pros. Ex. 487_; _German Tr., 16 Dec. 46, p. 509_.) Professor Schilling also obtained mosquitoes from other institutes. (_German Tr., 16 Dec. 46, p. 507._) Naturally these institutes could also not have had any scruples about sending material to Professor Schilling. In addition to this, Professor Schilling personally maintained a group of people to catch mosquitoes. (_German Tr., 16 Dec. 46, p. 508._) If Professor Schilling turned at all to the Robert Koch Institute in this matter, the main reason for doing so was that for decades he himself had been the head of the Department for Tropical Diseases of the Institute and that personnel were still working there who had formerly already been employed under his management.

The defendant Rose did, as a matter of fact, oppose Schilling’s scientific approach to the problem as may clearly be seen from his opinion on Schilling for the Reich Ministry of the Interior (_Tr. p. 6021_) and from his lecture in Basel. (_Rose 25, Rose Ex. 31._) However, to judge by Professor Schilling’s personality and past he could, nevertheless, not conceive the idea that Professor Schilling’s work at Dachau could be anything but completely above reproach. Experiments on human beings in malaria research are first of all, a matter of course and common practice. Even if the defendant Rose always limited his own work to the traditional evaluation of therapeutic malaria infections, experiments on prisoners in this field must unquestionably be permissible from an ethical point of view, as can be proved by the malaria experiments on many hundreds of prisoners in American prisons. (_Karl Brandt 1, Karl Brandt Ex. 1_; _Karl Brandt 117, Karl Brandt Ex. 103_; _Mrugowsky 80, Mrugowsky Ex. 76_; _Rose 50, Rose Ex. 49_.) Apart from the fact that the delivery of material to Schilling by no means obliged him to inform himself about the latter’s research work and its ways and means, Rose really had no knowledge whatsoever of the object of the research carried out by Schilling, and did not know the collaborators of the latter. (_Rose 29, Rose Ex. 34_; _Rose 30, Rose Ex. 33_.) Much less was he informed about the conditions under which Schilling was working in Dachau.

The defendant Rose himself is a well-known malaria research scientist. Malaria research was the main study of his department at the Robert Koch Institute in Berlin and also later in Pfaffenrode. Professor Schilling only worked with malaria tertiana (benign tertian) in Dachau. (_NO-1752, Pros. Ex. 487._) Professor Rose, as an experienced malaria research scientist, knew of course that this form of malaria is not a dangerous one and that no complications are to be expected from it. (_Rose 50, Rose Ex. 49._) The witness Vieweg (_Tr. pp. 457-458_) also expressly stated that none of the prisoners died of malaria, but that the cause of death could be traced back to technical errors [Kunstfehler] or to complications, as, for example, faulty puncture of the liver resulting in hemorrhage due to omission of an operation and an overdose of pyramidon in therapy, outbreak of typhus among the experimental subjects and finally, wrong doses in the treatment with salvarsan. Just in passing it should also be mentioned here that the defendant Rose also opposed this last-mentioned method of treatment. This method was prohibited in the German Luftwaffe at his suggestion. (_NO-922, Pros. Ex. 435._)

No further explanation is necessary to show that solely the person carrying out the experiments is responsible for technical errors and negligence in the process. It seems to me that not even his superiors who ordered the work, namely Himmler and Grawitz, were responsible for them. However, a person assigned to supervise these experiments would have been obliged to take action whenever he was informed of such technical errors or negligence. The defendant Rose, however, was neither assigned to supervise nor was he informed of these matters. It is also unfair to assume that he knew about these matters, because he happened to take part in the conference on freezing experiments which took place in Nuernberg in October 1942. Firstly, the freezing experiments carried out by Professor Holzloehner, although also taking place on Dachau, were in no way connected with the malaria experiments carried out by Professor Schilling. Furthermore, the participants of the conference were misinformed about the method employed in these experiments and about the status of the experimental subjects. (_Handloser 37, Handloser Ex. 18_; _German Tr., 12 Dec. 46, p. 315_.)

Now, to be sure, it is known that Holzloehner’s, Rascher’s, and Finke’s freezing experiments were carried out in Dachau. That, however, was certainly not made public at the above-mentioned Nuernberg conference. Even if one of the participants suspected that experiments at a concentration camp were concerned, he would not have had the slightest reason to suppose that the concentration camp in question was Dachau.

Schilling’s reports about his work were always sent to Himmler or Grawitz but never went any further. That also explains why no reports about Schilling’s experiments were found in the confiscated files of the defendant Rose. (_Tr. pp. 5566, 6021_; _German Tr., 13 Dec. 46, pp. 466-7_; _German Tr., 26 Mar. 47, p. 5106_; _German Tr., 2 Apr. 47, pp. 5420-1_.)

Rose personally was the prototype of a worker above reproach in the field of malaria research and with regard to his care for the well-being of his malaria patients (_Rose 47, Rose Ex. 35_), as shown by the investigation undertaken by the competent American authorities. He risked his own life (_Rose 8, Rose Ex. 29_) in order to assure the orderly handing-over of his Malaria Research Institute in Pfaffenrode to the Americans—in contrast to Dachau, without burning files and the like, and also to insure continued regular care and medical treatment for his patients. (_Rose 31, Rose Ex. 36_; _Rose 32, Rose Ex. 37_; _Rose 33, Rose Ex. 38_; _Rose 34, Rose Ex. 39_.) It would be completely incomprehensible if such a man were to be made responsible for the technical errors and negligence of another who was not even under his influence.

d. Evidence

_Prosecution Documents_

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

NO-856 125 Extracts from the review of the 289
proceedings of the general
military court in the case of
the United States vs. Weiss,
Ruppert, et al., held at Dachau,
Germany.

_Defense Documents_

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

Rose Document 11 Rose Ex. 27 Extracts from report of Professor 298
Dr. E. Gildemeister concerning
the activities of the Robert
Koch Institute—Reich institute
for the fight against infectious
diseases.
Rose Document 47 Rose Ex. 35 Affidavit of Professor Dr. Hans 300
Luxenburger, 24 March 1947,
concerning Rose’s interest in
therapeutical malaria
treatments.
Rose Document 50 Rose Ex. 49 Extract from the affidavit of 302
Professor Dr. Ernst Georg Nauck,
M. D., Hamburg 4,
Bernhard-Nocht-Institute for
nautical and tropical diseases.

_Testimony_

Extracts from the testimony of prosecution witness August H. 303 Vieweg Extracts from the testimony of defendant Rose 308

PARTIAL TRANSLATION OF DOCUMENT NO-856
PROSECUTION EXHIBIT 125

EXTRACTS FROM THE REVIEW OF THE PROCEEDINGS OF THE
GENERAL MILITARY COURT IN THE CASE OF THE UNITED STATES
_VS._ WEISS, RUPPERT, ET AL., HELD AT DACHAU, GERMANY

* * * * *

A series of experiments concerning the treatment of malaria were conducted under the supervision of the accused, Dr. Schilling (_R 157_).[34] Three hundred to four hundred persons died as a result (_R 204, 206_). The facts elicited with respect to these experiments are set out in detail _infra_ in connection with Dr. Schilling.

* * * * *

_B. The common design at the Kaufering Branch Camps of Dachau_

* * * * *

_C. The Individual Defendants_

* * * * *

15. _Dr. Claus Karl Schilling._ A special experimental station had been set aside in the hospital for the performance of malaria experiments under the supervision of the accused Dr. Schilling (_R 191, 157, 482_). Schilling performed his research for the purpose of determining immunization for and treatment of malaria (_R 192_). Requests for prisoners were made by Schilling (_R 159-160_). One such request which was admitted into evidence, stated that Polish prisoners were requested (_R 160, Pros. Ex. 38_).[35] A list of inmates was prepared in the camp physician’s office, the inmates being of all nationalities which were represented in the camp, and was sent to the labor office which made a copy of the list (_R 284, 285, 287, Pros. Ex. 47, 48, 157_). There the list was confirmed by the Schutzhaftlagerfuehrer who sometimes made a few changes in the list (_R 285_). These lists appeared about once every month since about 1943 (_R 285_). None of the 1,200 selectees ever consented or volunteered (_R 160-161_). Priests were often selected for these experiments (_R 356, 353_). An inmate, a priest named Father Koch, related his experience in that connection (_R 356_). He was first X-rayed and then sent to the malaria station (_R 356-357, 353, 215_). He was put into a little room where he received a box with mosquitoes which he had to hold in his hands for about half an hour (_R 358_). That occurred every day for one week (_R 358, 363_). Every afternoon another box of mosquitoes was put in between his legs while he was in bed (_R 358, 363_). Each morning a blood smear was taken from his ear and his temperature was measured each day and night (_R 358, 364_). He was given quinine (_R 358, 364_). In about 17 days he left the hospital (_R 359, 364_). After being released from the hospital he had to report back every Saturday (_R 360, 364_). Eight months later he had an attack of malaria, which recurred precisely every 3 weeks for 6 months (_R 359, 363, 364, 365_). The symptoms he felt were high fever, chills, and pains in the joints (_R 359_). Koch did not volunteer for the experiments nor did the other prisoners who were mostly Poles and Russians, who underwent the treatment with him (_R 356, 362_).

The prisoners were infected with malaria by the injections of the mosquitoes themselves or the injections of extracts of the mucous glands of the mosquitoes (_R 157_). After having contracted malaria the prisoners were treated in different ways (_R 157_). Some, as Father Koch, were given quinine (_R 358_). Others were given neosalvarsan, pyramidon, antipyrin, a drug numbered 92516, and several combinations of these (_R 157_). Some people died as a result of these experiments (_R 158_). Schilling was present when autopsies were performed on some of those persons (_R 158_). Whenever anyone died who had been injected with malaria, a report of that death was made to the accused Schilling and the chief doctor (_R 158_). Some of the victims died from the intoxication of neosalvarsan and pyramidon, for many individuals could not withstand large doses of these drugs (_R 159_). From the autopsy it could be determined that a patient died of neosalvarsan since the reactions were similar to arsenic (_R 193, 194_). In the beginning of 1944 three deaths resulted from the use of pyramidon (_R 194_). These people were brought directly from the malaria ward to the autopsy room (_R 197_). Two young Russian boys who were transferred from the malaria ward to the general medical ward died within a day after their arrival because of overdoses of pyramidon (_R 394-395, 405_). They had been sent to the general ward so that the official cause of death which would be stated would not be malaria (_R 405_). Pyramidon has a toxic on the blood corpuscles which causes them to disintegrate (_R 195_). Malaria was the direct cause of 30 deaths and as a result of complications, 300 to 400 more died (_R 196, 197_). People who had died directly from malaria had come straight from the malaria ward while the 300 to 400 others had undergone the malaria experiment (_R 204_). These people who had been subjected to malaria may later have died of tuberculosis, pneumonia, or dysentery (_R 196_). Some of the patients whom Dr. Schilling used had had tuberculosis before undergoing the experiments (_R 11_). Fever type diseases have adverse effects on tuberculosis (_R 211_). An index of the malaria diseased people was kept in the hospital office (_R 198_).

Schilling received various visitors such as Dr. Rabbit, who was a Reich SS physician at Oranienberg (_R 192_).

A pretrial affidavit of the accused Schilling executed in his own handwriting on 30 October 1945 before 2d Lieutenant Werner Conn was admitted into evidence (_R 827, Pros. Ex. 122_). This statement reads in pertinent part and in translation as follows:

“My name is Professor Dr. Claus Schilling. I have already worked
on tropical diseases for 45 years. I came to the experimental
station in Dachau in February 1942. I judge that I inoculated
between 900 and 1,000 prisoners. Those were mostly inoculations
for protection. These people, however, were not volunteers. The
inmates whom I gave protective inoculations were not examined by
me but by the current camp doctor. Before the inoculation there
was usually an observation of several days. The last camp doctor
was Dr. Hintermayer. As well as I can remember, in 3 years there
were 49 patients who died outside the malaria station. The
patients were always released by me as cured only after 1 year.

“As remedy I used quinine, atabrine, and neosalvarsan. I know
for sure of six cases where I used pyramidon tablets to hold
down the fever (_Pros. Ex. 122_).”

* * * * *

_V. Evidence for the Defense._

* * * * *

15. _Doctor Claus Karl Schilling_

The accused Doctor Schilling elected to testify and made the following unsworn statement: He was 74 years old, married, had one son, and was a physician. He had specialized in tropical diseases, particularly malaria, since 1898 (_R 1490, 1500_). Dr. Schilling studied under Professor Koch of Berlin, and graduated from Munich as a physician in 1894 (_R 1894_). He did research work in Africa on malaria, sleeping sickness, and tsetse fly diseases (_R 1497, 1498_). Dr. Schilling worked for the Rockefeller Foundation in Berlin, receiving a grant in 1911 for the study of various diseases and for a trip to Rome (_R 1499, 1500, Def. Ex. 19_).[36] In December 1941 in Italy Dr. Schilling met Dr. Conti, the Reich physician leader, who invited him to see Himmler (_R 1500, 1501, 1508_). Schilling went to Himmler who gave him the order to continue his studies at Dachau (_R 1502_). Schilling had selected Dachau because it was near his birthplace (_R 1568-1569_). The question of using prisoners for experiments was not discussed (_R 1502_). In January 1942, Schilling went to Dachau (_R 1502_). Schilling only accepted this commission at Dachau because the League of Nations, of which he was a member, told him of the importance of curing the seventeen million known cases of malaria. He believed it was his duty to humanity (_R 1540_). He never became a member of the SS or the Nazi Party (_R 1503_). He was a “free, independent, research man.” (_R 1568._)

Dr. Schilling infected thousands of prisoners with malaria “Benign Tertian” which is not fatal (_R 1503_). The purpose for this was to find a vaccination against malaria and today there is no vaccination against malaria except the one discovered by Schilling (_R 1503_). Dr. Schilling used mosquitoes and blood transfusions to infect the patients and received patients already infected (_R 1503, 1504_). The patients were divided into groups and were constantly watched, one group for the purpose of keeping up the strain and another for immunization purposes (_R 1505-1506_). The latter were injected repeatedly to step up their immunity (_R 1506_). Schilling re-infected about 400 to 500 patients and used quinine, atabrine, and neosalvarsan, and a dye No. 2516 which made the patients immune; to prove this he had to test by infecting them again (_R 1507_).

Dr. Schilling could not work with animals because they are not receptive to malaria and men are used throughout the world (_R 1507_). He assumed that Admiral Stipp and Mark Boyd, two malaria authorities, used humans in their experiments (_R 1508_). Infected malaria has been used to cure paralysis (_R 1508_).

Only about four or five of the patients refused to be immunized, but they consented after Schilling explained the importance of the work (_R 1509_). The selections of the patients were made as follows: Berlin allowed him thirty patients a month and he would requisition them through the camp physician from the commandant who contacted the labor leader (_R 1510_). The latter selected healthy prisoners and Schilling’s assistants chose the final names and sent them to Berlin, where the selection was approved (_R 1509, 1510_). These patients were carefully inspected and could not be refused by Schilling by order of Himmler (_R 1511_).

The doses of neosalvarsan were 1.54 grams and at no time failed (_R 1512_). He used pyramidon to lower the body temperature although the drug has a bad effect on the blood corpuscles (_R 1513, 1514_). He used this drug only in 15 cases and found that two grams were not harmful. This was important so the body could react without fever (_R 1515_). Nobody died from pyramidon (_R 1515_). Malaria has been used to cure syphilis and neosalvarsan can destroy parasites in a fever (_R 1515_).

Dr. Schilling never dealt with Dr. Blaha on any autopsies involving neosalvarsan poisoning. Discharged patients were told to report back if they felt sick (_R 1516_). Periodic checks were made of them and any patient was received back if there was sign of relapse (_R 1517_). If Schilling was asked to resume his work, he would do so only on volunteers (_R 1518_).

Dr. Schilling was withdrawn as a witness, at this point, but resumed the stand later and testified as follows: In death through neosalvarsan all organs are affected (_R 1536_). Blood cells may die, but nothing like this happened in his cases (_R 1536, 1537_). It is impossible to determine death by malaria by a mere autopsy without a microscope, especially where there may be other complications (_R 1537_). Pyramidon is rarely the cause of death (_R 1537_).

Out of the 100 people infected by Dr. Schilling with malaria, not a single one of them died of uncomplicated malaria (_R 1538_).

Weight of the patients during experiments increased. Additional food was given and people suffering from contagious disease would be isolated (_R 1539_). Dr. Schilling never stated the wrong cause of death (_R 1539_).

Dr. Schilling stated he couldn’t experiment on himself because he had had malaria in 1933 and men like him cannot be reinfected in most cases although malaria is a recurring disease (_R 1541_). If there is chronic malaria, the heart muscles will suffer as in all chronic diseases (_R 1543_). Malaria will increase the watery substance in the blood and the brain will suffer under chronic malaria (_R 1544_). Chronic malaria will weaken the body to make it susceptible to other diseases and one may die of another disease while having malaria (_R 1546_). Schilling had SS doctors helping him and examined all patients personally and supervised the records (_R 1546_). Schilling recognized Prosecution Exhibit 131 which stated that 19 cases were treated with pyramidon, three of whom died (_R 1547_). He declared these patients were suffering from typhus and were removed from the ward (_R 1547, 1548_).

Although there was a typhus epidemic in November 1944 and he knew that people were dying, he continued his experiments (_R 1550_). Everyone who was inoculated remained at the station (_R 1550_). One patient was injected three times and later died of typhus (_R 1551_). He was given neosalvarsan, atabrine, and quinine. Pyramidon doses of three grams per day for five successive days were given. Dr. Blaha did not inform Schilling of the deaths due to pyramidon poisoning. If Schilling had been notified he would have stopped the experiment. An Italian named Calveroni was infected with blood and might have gotten typhus (_R 1556_).

If a man is suffering from malnutrition, a big dose of neosalvarsan is not advisable (_R 1557_). If it would save his life, Schilling would give it to him (_R 1557_). It depended on the physical condition of the man and of what he was suffering; yet, Schilling gave the drug to Father Wicki who only weighed 50 kilos (_R 1558_), but Schilling says that Wicki was not a severe case (_R 1559_). Schilling gave 3 grams of neosalvarsan in 5 days, which was the largest dose he ever gave over that period of time. He does not remember giving drugs to sufferers of dysentery (_R 1562_).

Schilling did not remember specific cases where he did not use caution (_R 1566, 1567_). He recalled the priest Stachowski who died, but doesn’t remember he died from neosalvarsan (_R 1567, 1568_).

Dr. Schilling was not under the control of the SS (_R 1568_). He heard rumors about beatings, but did not concern himself with “things that were not my business” (_R 1569_). All his records had been burned (_R 1570_). Schilling denied all accusations against him other than what he admitted as part of his duty (_R 1572, 1573_). He declared that his work was unfinished and that the court should do what it could to help him finish his experiments for the benefit of science and to rehabilitate himself (_R 1574_).

Mrs. Hubner, who knew Professor Schilling for 30 years, stated that she often saw him in Italy and in Germany and has known him to be of good reputation and of good veracity (_R 1519, 1520, 1521_). He told her his only aim was to help cure malaria (_R 1522_). She believed his intentions at Dachau were good (_R 1523_).

Frau Durck, the wife of a university professor of anatomical pathology who was interested in malaria research, knew Professor Schilling since 1924 (_R 1525, 1526_). Schilling was always regarded in his field as a serious scientist (_R 1527_). She knew what he was doing at Dachau but her husband would not have done it (_R 1527_).

Dr. Eisenberger, a lawyer for 52 years, knew Dr. Schilling for 30 years (_R 1527_). He considered Schilling highly respectable and reliable, and said Schilling was seeking to benefit science and would never do anything wrong (_R 1528_).

Heinrich Stoehr, a male nurse at Dachau, testified it was known that Schilling worked on orders from Himmler (_R 1608, 1609_). The camp physician’s and Schilling’s assistants examined the patients prior to experimentation (_R 1609_). Dr. Brachtel, an SS doctor and assistant to Schilling, also performed atabrine experiments (_R 1610_). If a patient had a relapse from malaria, he was treated by Dr. Schilling (_R 1611, 1612_). Others were given quinine by some of the hospital staff (_R 1611, 1612_).

Max Kronenfelder worked in the malaria station under Schilling from February 1941 to June 1943 (_R 1614_). He knew about a Dr. Brachtel, who also made private experiments on malaria without the knowledge of Dr. Schilling (_R 1615_). Kronenfelder took blood smears and performed minor details such as cleaning up (_R 1616_). Brachtel experimented with patients who had tuberculosis, helped by a man named Adam (_R 1617_). Adam was often in the morgue with Dr. Blaha (_R 1618_).

Father Rupieper had been subjected to the malaria experiment in August 1942 (_R 921_). Other priests who were also subjected were Peter Bower, Gustav Spitzick, Amon Burckhardt, Fritz Keller, and Kasinemer Gasimer Rikofsky (_R 921_).

* * * * *

VI. Prosecution Rebuttal Evidence. _Common Design._

* * * * *

15. _Dr. Claus Karl Schilling._ When one of Dr. Schilling’s patients died there were orders to report that fact to the malaria station even though the man had died in another section of the hospital (_R 1712_). Toward the end of 1942 Professor Schilling was personally present at the autopsy of a man who died of neosalvarsan and he requested the brain, liver, kidneys, spleen, and a piece of stomach (_R 1712, 1731_). In that case Dr. Schilling dictated part of the findings with respect to the cause of death (_R 1712_). When the first three patients died from pyramidon in February 1945, a member from the malaria station and Dr. Hintermayer were present (_R 1713, 1723, 1731_). Dr. Blaha stated that in his experience as a physician the average patient could receive 3.3 pyramidon a day, and that the largest dose would be 2 grams per day, but that of course assumed that the individual was healthy and strong (_R 1713_). In Dr. Blaha’s judgment, the prison inmates could not be given more than 1½ to 2 grams for a few days (_R 1714_). If these people were to receive 3 grams per day for three successive days, signs of poisoning would be revealed (_R 1714_).

Dr. Blaha stated that an autopsy revealed that death from pyramidon was the result of sudden suffocation which was not true in the case of typhus (_R 1725_). Death from typhus could be determined by certain indicia without a microscope (_R 1725_).

Dr. Blaha explained that the ordinary mydol tablet contained 3 pyramidon and that it is sold over the open counter (_R 1722_). If taken in moderate doses it will not have any ill effects (_R 1722_).

A leaflet of I. G. Farben, Indiana, which held the neosalvarsan contained the following instructions: “In between the individual infections, spaces of time should be permitted to elapse, from 3 to 7 days.” (_Pros. Ex. 134_) These were instructions for syphilis (_R 1564_). In paragraph five in the leaflet it read in part, “such caution in the use of neosalvarsan is recommended for undernourished and severe anaemic patients, tuberculosis, diseases of the lungs, heart, kidneys, liver, and intestines.” (_R 1564, 1565._)

* * * * *

X. Merits and Defense.

* * * * *

15. _Dr. Claus Karl Schilling._ Dr. Schilling, at the call of Himmler, began conducting his malaria experiments at Dachau in February 1942. He continued these experiments until liberation of the camp. It was undisputed that the inmates whom Dr. Schilling used in his work were not volunteers. Dr. Schilling’s research was performed for the purpose of determining immunization for and treatment of malaria. His requests for inmates were made about every month. These lists were prepared in the camp physician’s office and then sent to the camp commander and labor office. About 1,200 selectees were thus chosen for subjection. Many of them were priests. The number of people who died from the malaria or from the drugs such as pyramidon or neosalvarsan is not known. Certainly some died. It is reasonable to infer that the deaths of many of the inmates from tuberculosis, dysentery, typhus, and other diseases were caused in part by the fact that those people had been subjected to malaria. Although Dr. Schilling’s motive may have been simply and purely a scientific one, his activities exemplified the Nazi scheme which existed at Dachau. The part he played in that scheme is clear.

* * * * *

XIV. Sentences.

* * * * *

In many respects the accused Schilling was the most reprehensible. He voluntarily came to Dachau fully cognizant of the nature of the work he intended to perform. Being the educated and learned person that he was, Schilling undoubtedly must have realized the manner in which his work suited the needs of the Nazis. Although his personal motives may have stemmed from his desire to aid humanity, he permitted himself to utilize Nazi methods in contrast to other eminent German artists and scientists who either fled or refused to make themselves a part of the Nazi system. It is believed that the sentence of the Court, which was aware of Schilling’s position in the scientific world, should be approved.

* * * * *

XVI. Actions.

A form of action designed to carry the foregoing recommendations into effect, should they meet with your approval, is submitted herewith.

[Signature] Charles E. Cheever
[Typed] CHARLES E. CHEEVER
Colonel, JAGD,
Staff Judge Advocate.

MILITARY GOVERNMENT COURT ORDER ON REVIEW

Order No. 3.

Whereas Martin Gottfried Weiss, Friedrich Wilhelm Ruppert, et al., were convicted of the offenses of Violations of Laws and usages of war in that they acted in pursuance of a common design, did encourage, aid, abet, and participate in the subjection of Allied nationals and prisoners of war to cruelties and mistreatments at Dachau concentration camp and its subcamps by the General Military Court appointed pursuant to paragraph 3, SO 304, Hq., 2 November 1945, at Dachau, Germany and each accused was sentenced to death by hanging except four: Peter Betz who was sentenced to life imprisonment, Hugo Alfred Erwin Lausterer who was sentenced to confinement at hard labor for 10 years, Albin Gretsch who was sentenced to confinement at hard labor for 10 years, and Johann Schoepp who was sentenced to confinement at hard labor for 10 years by judgment dated the 14th day of December 1945, and

Whereas the case has now come before me by way of review and after due consideration and in exercise of the powers conferred upon me, I hereby order:

That the findings and the sentence in the cases of Weiss,
Ruppert, Jarolin, Trenkle, Niedermeyer, Seuss, Eichberger,
Wagner, Kick, Hintermayer, Witteler, Eichelsdorfer, Foerschner,
Schilling, Knoll, Boettger, Betz, Endres, Kiern, Rewitz, Welter,
Suttrop, Tempel, Lausterer, Becher, Kramer, Filleboeck,
Schoettl, Gretsch, Kirsch, Langleist, Lippmann, Degelow, Moll,
Schulz, and Wetzel be upheld.

That the sentence imposed in the case of Eisele be reduced to
confinement at hard labor for life.

That the sentence imposed in the case of Puhr be reduced to
confinement at hard labor for 20 years.

That the sentence imposed in the case of Mahl be reduced to
confinement at hard labor for 10 years.

That the sentence imposed in the case of Schoepp be reduced to
confinement at hard labor for 5 years,

and for so doing this shall be sufficient warrant.

Dated this 24th day of January 1946.

[Signed] L. K. TRUSCOTT, JR.,
Lieutenant General, U.S.A.
Commanding.

PARTIAL TRANSLATION OF ROSE DOCUMENT 11
ROSE DEFENSE EXHIBIT 27

EXTRACTS FROM REPORT OF PROFESSOR DR. E. GILDEMEISTER CONCERNING THE
ACTIVITIES OF THE ROBERT KOCH INSTITUTE—REICH INSTITUTE FOR THE FIGHT
AGAINST INFECTIOUS DISEASES

* * * * *

2. Malaria Research.

_a. Cultures of strains._ The strain “Greece” of plasmodium vivax was bred in the department by Miss Lange till 31 December 1942, in the 30th continuous passage of man-mosquito-man. The number of infected patients up to that date was 379. The main work concerned the malaria treatment of paralytics and schizophrenics. In addition, however, there were a few therapeutic experiments with other diseases, in cases where the clinics concerned required mosquito bite infections in order to obtain a reliable malaria free from lues. The number of clinics and hospitals obtaining part or all their requirements of therapeutical malaria infection from the department rose to 11. In addition to the strain “Greece”, various other malaria strains were taken into the mosquito passage for comparative experiments; they were, however, not permanently maintained. This considerable amount of incoming clinical material was continuously collected and sorted although it has not yet been used.

In the course of the research two more laboratory infections occurred due to mosquito bites.

The following examinations by Dr. Hoering, Professor Rose, and Dr. Emmel were made possible by the maintenance of the anopheles colony and the malaria breed.

_b. Parasite straining._ Dr. Hoering continued her work on the improvement of the microscopic presentation of malaria parasites. Despite certain improvements of the microscopic picture it was not possible to develop a procedure easily applicable in practice and superior to the established methods.

_c. Artificial feeding and artificial infection of anopheles._ Dr. Hoering continued to develop the methods of artificial blood feeding of anopheles, evolved by Dr. Olzscha. In this artificial feeding the anopheles would not take citrated blood even though sugar had been added. Blood haemolized with water and saturated with sugar was taken, as well as liquid blood, although the addition of sugar was preferred. Artificial feeding of blood is biologically not altogether equal to natural feeding. The duration of life was almost the same with artificial feeding as with the normal feeding of the animal. However, females which were merely artificially fed, only laid eggs in exceptional cases.

It is known that with anopheles which suck blood from the animal, the blood enters the duodenum without previously entering the sucking stomach, while other nutritious matter first reaches the sucking and reserve stomachs. It was previously assumed that the nature of the food, especially the number of cells, acted as indicative irritation. Dr. Hoering’s experiments with artificial blood nutrition showed this assumption to be wrong. Sweetened as well as unsweetened blood, which is used for artificial feeding, first enters into the reserve stomachs in the same way as a sugar solution. Further experiments proved that the piercing of a membrane also causes no indicative irritation.

After the method of the artificial feeding with blood had been developed, Dr. Hoering carried out experiments with the feeding of infected blood containing malaria. Finally, it was possible to infect anopheles by artificial feeding of blood, so that normally developed sporozoites grew inside them. This is the first time that such an experiment was successfully carried through.

_d. Conservation of malaria parasites._ Professor Rose had the experiments continued concerning the conservation of malaria parasites in liquids suitable for the conservation of blood. Even after 150 days malaria parasites could be demonstrated morphologically in individual cases. However, attempt at infection with such blood did not succeed. The continuation and repetition of these experiments are planned.

The as yet unknown possibility of keeping malaria parasites alive in vitro for such long periods raises the problem of whether malaria parasites may become also dormant in human beings. The fact that an infection could be achieved in human beings with 90-day-old parasites proves that these preserved parasites did not lose their development and multiplying properties. The assumption of such dormant forms in the human being would offer new explanations for malaria relapses after long intervals of recovery. The department is engaged in morphologically characterizing the dormant forms observed in a test tube and in searching for the existence of such forms in clinical malaria cases.

_e. The appearance of anopheles in the Warthegau._ Dr. Olzscha investigated the appearance of anopheles in 221 hamlets, villages, and scattered settlements of the Warthegau. Anopheles were found practically everywhere. The investigation of 600 individual clusters proved beyond doubt that except in a few cases where a definite determination was not possible, they belonged to the genus of messaeae of anopheles maculipennis. Only in one case were A. m. artroparvus found.

* * * * *

_h. Malaria treatment._ Professor Rose in cooperation with Obermedizinalrat Dr. Sagel, director of the Country Mental Institution in Arnsdorf-Saxony, and Dr. Mertens, Dr. Koenig, and Dr. Peters, Leverkusen, tested the efficacy of new synthetic remedies against mosquito sting malaria. The best method of administering a new and proved preparation was developed.

* * * * *

PARTIAL TRANSLATION OF ROSE DOCUMENT 47
ROSE DEFENSE EXHIBIT 35

AFFIDAVIT OF PROFESSOR DR. HANS LUXENBURGER, 24 MARCH 1947, CONCERNING
ROSE’S INTEREST IN THERAPEUTICAL MALARIA TREATMENTS

I, Professor Dr. med. Hans Otto Luxenburger, born on 12 June 1894 in Schweinfurt, residing in Munich, 22 Liebigstrasse 35/II, have been informed that I will be liable to punishment if I make a false affidavit. I declare under oath that my statement is true and was made in order to be submitted in evidence to Military Tribunal No. 1 at the Palace of Justice, Nuernberg, Germany.

Being a psychiatrist myself, I took an interest in Professor Rose’s malaria research insofar as we talked now and again about Rose’s progress and the results of his research. For me as a psychiatrist it was always noteworthy that Rose regarded cooperation with the psychiatrists of hospitals for the insane by no means only from the point of view of his interest in malaria research. On the contrary, he always showed definite interest in the related psychiatric-therapeutic questions. Contrary to the opinion formerly advocated by Wagner-Jauregg, he hoped to attain more thorough and permanent success in treatment by infection with mosquitoes as advocated by him (Rose) instead of the formerly customary blood transfusion, because in his opinion endothelia infection was also attained thereby.

He also was particularly interested in the question of finding a benign tropical strain and employing it in treatment, in order to carry out thorough and long fever treatments on cases of paralysis relapse; this is generally unsuccessful when employing the usual tertiana strains in cases of relapse.

He was especially interested in the possibility of therapeutic influence upon schizophrenia. In the well-known psychiatrist Dr. Sagel, he had a co-worker who advocated the opinion that schizophrenia, apart from its hereditary basis, must be caused by an additional external impairment, and he suspected that these causes lay in infectious diseases, especially rheumatic infections. Working from this assumption, he hoped for success with this disease similar to that with paralysis. This idea was not a new one. Similar experiments were conducted earlier. Rose was especially encouraged in this work by some impressive isolated successes in quite hopeless cases of schizophrenia. I can recall his joy as he told me, apart from other, cases, of a woman who was about to be divorced, after the head of the institution had declared her condition, which had existed for more than 3 years, to be incurable. In this case Rose’s treatment, according to his report, not only resulted in completely restoring the sick woman’s health but also led to her return to her family and the reestablishment of the marriage.

Munich, 24 March 1947

[Signed] PROF. DR. HANS LUXENBURGER

The above signature of Professor Dr. med. Hans Otto Luxenburger, residing in Munich, 22 Liebigstrasse 35/II, given before me, Notary, Theobald Petri, Administrator, is herewith certified and attested.

Munich, 24 March 1947.

[Signed] _Petri_, Notary
(Theobald Petri), Notary
Administrator of the Notary’s Office, Munich
XVII
Seal

I certify that the above document is a true and correct copy. Nuernberg, 10 April 1947.

[Signature] Dr. HANS FRITZ
(Dr. Hans Fritz)
Defense Counsel

PARTIAL TRANSLATION OF ROSE DOCUMENT 50
ROSE DEFENSE EXHIBIT 49

EXTRACT FROM THE AFFIDAVIT OF PROFESSOR DR. ERNST GEORG
NAUCK, M. D., HAMBURG 4, BERNHARD-NOCHT-INSTITUTE FOR
NAUTICAL AND TROPICAL DISEASES

* * * * *

Experimental infections of human beings with malaria tertiana (mild tertian malaria) have proved to be harmless and have very frequently been carried out on voluntary experimental subjects. It is well known that artificial infection with tertiana is also carried out as a cure against other diseases (paralysis, rabies). If the artificial infection is carried out carefully and under medical supervision, death or permanent damage to health should not occur. If the experiment with malaria tertiana, as carried out by Claus Schilling, was carried out with the same care, no danger to the experimental persons should have been entailed. Since Claus Schilling was a prominent scientist of international fame, it must be assumed that he carried out his investigations with the intention or the knowledge not to harm human life. This we find confirmed in the following:

1. Stitt’s diagnosis, Prevention and Treatment of Tropical Diseases, by Richard P. Strong, 7th edition, London, H. K. Lewis & Co., Ltd., 1945, page 59:

“The question of the occurrence of immunity in malaria has been
extensively studied in recent years, not only from the
epidemiologic standpoint but from experimental inoculations
which have been carried on in both men and animals. However, in
interpreting the results of the inoculations in man which have
been carried out by direct injection of blood containing
schizonts or by the injection of sporozoites from mosquitoes or
by the bites of infected mosquitoes, many factors regarding the
virulence or number of the parasites inoculated, the species and
conditions of infectivity of the mosquitoes, the temperature at
which they have been kept, and other factors, must be taken into
consideration in drawing conclusions with regard to the
susceptibility of individuals to infection. Much of the work is
still in the experimental stage, though some definite progress
has recently been made.”

* * * * *

EXTRACTS FROM THE TESTIMONY OF PROSECUTION WITNESS
AUGUST H. VIEWEG[37]

_DIRECT EXAMINATION_

* * * * *

MR. HARDY: While you were an inmate at the concentration camp, did you ever undergo any medical experiments?

WITNESS VIEWEG: I was used for malaria experiments by Professor Dachfinney at the Dachau concentration camp.

Q. How many times were you subjected to the malaria experiments by Dr. Schilling?

A. On five occasions I received injections of 5 cubic centimeters of highly infectious malaria blood.

Q. Would you kindly tell the Tribunal what effect these experiments had on you; that is, did you have high fever, serious illness, and so forth?

A. Quite often I ran a very high temperature. I got into a very exhausted condition, and after the injection I received large doses of medical drugs, quinine, ephedrine, and many others. I was in bed for weeks, and after one treatment there were 20 to 26 occasions in the course of the years 1943, 1944, 1945, and 1946, when I had malaria attacks, so that for a long time I was unable to work.

Q. At the present time, do you have recurrences of this malaria fever?

A. This last year I was in the hospital from August 1st to 15th, again with malaria attacks.

Q. How many recurrences of malaria have you endured since you were experimented on by Dr. Schilling?

A. After my treatments in the experimental station had been concluded I stayed with Dr. Schilling, and there were 20 occasions when I was treated for recurrences.

Q. Are you completely cured now, Witness?

A. No.

Q. After you had undergone the various experiments at the hands of Dr. Schilling, did you then become a worker in Dr. Schilling’s laboratory?

A. After my first so-called immunization treatment had been concluded, the chief medical officer of that department sent me over to Dr. Schilling’s department for laboratory duties.

Q. On what date did you assume those duties?

A. I am afraid I can’t tell you that exactly, but it must have been on or about August 1942.

Q. What were your duties in Dr. Schilling’s experimental station?

A. In Dr. Schilling’s department I was in charge of animals. In other words, I cultivated animals, white mice, and canaries; in fact, I was in charge of that department.

Q. Did you have any other or additional duties, such as file clerk or typist, Witness?

A. For a certain period, I substituted for the clerk and I was in direct contact with Dr. Schilling on various occasions. I had a certain amount of business with the chemistry department, purchases from Dachau, and I was also in charge of the detachment which had to search the water near Dachau for anopheles mosquitoes.

Q. While with Dr. Schilling, did you have the opportunity to read any of Dr. Schilling’s correspondence?

A. I had frequent occasions to see the reports which Dr. Schilling sent in every 3 months, and sometimes I saw the answers which Dr. Schilling received from Berlin, as well as from some other chemical manufacturers.

Q. Witness, can you recall to whom those reports were sent, in Berlin?

A. These quarterly reports, which Dr. Schilling used to prepare, went to the SS Obergruppenfuehrer Dr. Grawitz, Reich Medical Officer.

Q. You have referred to the fact, today, that you saw some of the answers Dr. Schilling received from Berlin; who was the originator of those letters that Dr. Schilling received from Berlin?

A. As far as I can recollect, these replies were sent to Professor Schilling by Dr. Grawitz.

Q. Do you know where Dr. Schilling received his material to be used in this research, that is, infected blood for the malaria experiments, fly eggs, and so forth?

A. I can remember that Dr. Schilling received malaria fly eggs, so-called eggs from which he bred other flies, from Duesseldorf; they came from an insane asylum, but I can’t remember the name, and some from the Medical Institute at Rome that used to receive eggs. In fact, his material used to come from Berlin. According to my memory, it came from Professor Rose, and also from Athens; but I am afraid I cannot recollect the name there.

Q. Do you know whether Professor Rose had any correspondence with Dr. Schilling?

A. I remember that in connection with previous breeding attempts we were not too successful, and subsequently I saw a number of letters given to a stenographer by Dr. Schilling. They were addressed to Professor Rose. He was making certain explanations in them regarding certain types of insects, in connection with which my name was used. I am certain it went to Berlin and I am certain that answers were received on numerous occasions.

Q. Did Dr. Schilling ever send any reports of these experiments to Professor Rose, to your knowledge?

A. Whether he sent reports about malaria patients, I don’t know. At any rate, as far as these fly-breeding experiments are concerned, he had sent reports. I know that for certain.

* * * * *

Q. Witness, we will go back to the malaria experiments for the moment. What was the nationality of the people used for the malaria experiments, what type of people were they?