If Your Honors please, exclusive cf the document that has to be submitted after it has been corrected and another witness cf two in connection with the typhus experiments, this completes the presentation of evidence in connection with the typhus, yellow fever, small pox and cholera, and the other experiments as charged in the Indictment, Count II, 6(j) and Count III, 11.
The Prosecution has clearly shown the program of experimentation in Buchenwald and Natzweiler concentration camps. We have shown by the testimony of the witnesses and the overwhelming amount of evidence that experiments were conducted for the benefit of the German armed forces to investigate the effectiveness of typhus and other vaccines. The testimony of tic witnesses, as well as the supporting documents, has conclusively established that a virulent virus was used in both camps during the course cf these experiments and that as a result thereof numerous deaths occurred.
The weight cf the evidence has also shown that the Wehrmacht, the SS, the Reich Research Council, the Luftwaffe and other organizations participated in an active manner in tie entire program.
At this time Mr. McHaney will continue the Prosecution's case in chief with the presentation of evidence regarding the so-called mercy killing program.
DR. HOFFMANN (Counsel for defendant Pekerny): On 29 may 1946 we were told that applications for witnesses and documents were to be made as seen as possible. Accordingly, I have hitherto named three witnesses--an expert, Dr. Jung; the witness Aiska; and the witness Miss Merten, the secretary of the defendant Pekerny. I sent a telegram to Miss Merten before Christmas asking her to come hero and talk to her here. On the basis cf this conversation, I requested her as a witness on 2 January 1947. During my conversation with her she said that up to that time no no -- that is, not the Prosecution either--had examined tor.
Today I have been informed by the office for the Defense Counsel, Lt. Garrett, that the two first mentioned witnesses have been approved and are to be brought here. The third witness, Miss Merten, on the other hand, had become a Prosecution witness.
I ask for a decision of the Court that the Prosecution can examine the witnesses I have named for the first time in cross examination and that Miss Merten should not be considered a Prosecution witness.
I have submitted my application in writing. I have handed it to the General Secretary.
MR. McHANEY: If the Tribunal please, this comes as somewhat of a surprise to the Prosecution. I have never heard of Fraulein Merten. I certainly have no intention of calling her as a Prosecution witness, and--I am quite sure about it--no one on my staff has talked to her or so muck as knows of her. I don't know where Defense Counsel has obtained his information, but this must be some mistake somewhere, because I know nothing about it. I am quite sure that none of the attorneys who are participating in this proceeding have so much as talked to her.
Maybe by some coincidence some other section nay have some interest in her, but I have groat doubts about that. Certainly the Prosecution in this case has no interest in the witness at all, and, as far as we are concerned, she is a Defense witness, and we shall not speak to her.
THE PRESIDENT: I will ask the Counsel for the Defendant if that statement complies with what he desires or if there is anything else he would like the Tribunal to do about the matter.
DR. HOFFMANN: I obtained my information from Lt. Garrett, the liaison man between the General Secretary and us. He gave mo a slip of paper on which it says, One and Two--that is, Jung and Ziska--approved. Tree--that is Merten--Prosecution.
THE PRESIDENT: It is now almost time for the Court to recess I would suggest that Counsel for the Appellant and for the Prosecution gain information about this matter cf this witness and take the natter up before the Tribunal at the opening cf Court tomorrow morning.
I would say in addition that applications for documents and witnesses lave been functioned on by the Tribunal at the earliest possible moment. As far as I knew, all such applications that have come to the Tribunal have now been functioned on and have been returned to the Secretary General. There have been some unavoidable delays, of course, from time to time pertaining to certain matters because the Tribunal, as everyone else, is occupied long hours in official duties which render it difficult to take up matters outside cf Court, but I think that all applications such as that have now been functioned on by the Tribunal and are in the hands of the Secretary General. It is the desire of the Tribunal to expedite all such natters as much as possible. Proceed, Counsel.
DR. FRITZ (Counsel for defendant Rose): Mr. President, I have quite a brief matter on Document Book 12, which we just completed a few minutes ago. Document 139 was read. That is a letter of Klunsger to Prof. Hagen.
THE PRESIDENT: Will you advise the Court as to the page of the document bock on which that document is found?
DR. FRITZ: Page 113. In this letter it says that Prof. Rose promised the Japanese doctor to secure for him all important information, including yellow fever virus experiments, from Strasbourg.
How, my client points out to no that the Prosecution changed the word "test" to "experiment". That is something entirely different from the German word "Proben", which, according to my client is "sample" in English.
THE PRESIDENT: I would suggest that, with the other matters that are to be investigated tonight, the matter of the correct translation of the document be also taken up this evening and reported to the Court in the morning.
The Tribunal will new recess until 9:30 o'clock.
(The Tribunal adjourned until 0930 hours, 10 January 1947.)
Official transcript of the American Military Tribunal in the matter of the United States of America, against Karl Brandt, et al, defendants, sitting at Nurnberg, Germany, on 10 January 1947, 0930, Justice Beals presiding.
THE MARSHAL: The Honorable Judges of Military Tribunal 1.
Military Tribunal his now in session.
God save the United States of America and this Honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Mr. Marshal, ascertain if the defendants are present in the court.
THE MARSHAL: May it please Your Honor, all the defendants are present in the court.
THE PRESIDENT: The Secretary-General will note for the record the presence of all the defendants in the court.
DR. KAUFMANN (Attorney for the defendant Rudolf Brandt):
Mr. President, in reference to my application yesterday concerning the witness Merton, I have the following explanation to make. Lt. Garrett has told me that the information that the witness Morton was a prosecution witness was a misunderstanding. Independently of this, the prosecution has told me that they do not intend to examine my witnesses before they appear before the court. Therefore, I consider my application settled.
THE PRESIDENT: The record will so snow.
MR. HARDY: May it please the Tribunal, two of the problems that we will clear up the first thing this morning, one, the translation of two documents we wish to delay for a matter of an hour or two while we are getting them processed and in the meantime prosecution would like to call a witness as to the sulfanilimide experiments at Ravensbruck. This witness has just been able to arrive in Nurnberg and we have previously introduced two affidavits from the witness, Sofia Magzka, her name is. At this time we would like to call the witness Sofia Magzka for examination.
May I explain, Your Honor, she will give her name and. take the oath in Polish and will testify in German. The gentleman here is a Polish interpreter
THE PRESIDENT: The witness Sofia Magzka is present in court. The witness will raise her right hand. You will translate the oath to the witness as I read it.
I, Sofia Magzka, do solemnly swear that the evidence I shall give shall be the truth, the whole truth and. nothing but the truth, so help me God.
(The witness repeated the oath.)
THE PRESIDENT: The witness may be. seated.
I will now administer the oath to the interpreter. Raise your right hand and repeat after me:
I do solemnly swear that I will perform my duties as interpreter to the Tribunal to the best of my ability and skill, so help me God.
(The interpreter repeated the oath.)
BY MR. HARDY:
Q. Witness, for the convenience of the court would you testify before this Tribunal in the German language?
A. I am prepared to testify in German.
Q. Witness, your name is Sofia Magzka?
A. My name is Sofia Magzka.
Q. You spell your last name M-A-G-Z-K-A?
Q. You were born on November 30, 1905, is that correct?
Q. You were horn in Cracow, the Austrian part of Poland?
A. Yes, I was born in Cracow.
Q. Witness, what is your present address?
A. Cracow, Szlak 55.
Q. Now, witness, from 1916 to 1924 you studied at the public high school and junior college, that is, the Gymnasium in Cracow, is that correct?
Q. You graduated in 1924 from the Gymnasium?
Q. And in 1924 did you enter the medical school of the University of Cracow?
Q. You completed your studies at that university in 1930, is that correct?
Q. When did you receive your medical degree from that university?
A. On the 30th of June, 1930.
Q. And you are now a medical doctor, is that correct?
Q. Now, from 1930 to 1932 were you rotating interne at the medical clinic in Cracow?
Q. At the same time were you at the X-Ray Institute of Cracow, public health, public insurance hospital?
Q. After you completed your internship in 1932 did you do postgraduate work at the X-Ray Institute of University of Vienna?
Q. You later attended the University of Utrecht?
Q. From 1932 to 1935 did you hold a position as assistant at the X-Ray Department of the Public Insurance System in Cracow?
A. 1934 to 1935.
Q. Now, after that did you serve as chief physician in charge of the X-Rag department of the Catholic Brothers Hospital in Cracow?
Q. What period of time did that cover?
A. January 1936 until was arrested.
Q. At the same time from 1939 to 1941 did you also do private consulting practice as an X-Ray specialist in addition to your hospital work?
Q. Witness, when and where were yon arrested?
A. Cracow, in September 1941.
Q. Will you tell me what was the reason for your arrest. What was the reason for your arrest, witness?
A. I was with my mother and my brother when I was arrested as a suspect for belonging to a secret organization.
Q. You were arrested, I presume, by the Gestapo, is that right?
Q. After year arrest where were you sent for imprisonment?
A. I was sent to the Protectorate Police in Cracow.
Q. Then were you actually sent to the Ravensbruck Concentration camp?
A. I was taken to the Ravensbruck Concentration Camp on 13 September 1941.
Q. Did you remain at the Ravensbruck Concentration Camp until when, until May 2nd, 1945?
A. On 26 April 1945 I left the camp, and I was taken to Sweden where I arrived on 2 May 1945.
Q. Now since you have been liberated from the concentration camp what have been your duties to date?
A. I had six weeks quarantine in Sweden. After that I came to the hospital at Goeteborg, where I worked first as an extra assistant - X-ray assistant, from July until the 31 December 1945; 1 January 1946 on until 1 July 1946 I worked as a doctor in a Swedish therapeutic hospital in Stockholm in the X-ray section with a Professor Diesholm. In July I went back to Cologne, and then to Cracow. Now I am employed as chief physician of the X-ray section of the Public Insurance Fund Hospital in Cracow.
Q. Witness, are you a member of any medical society or organization at the present time?
A. Yes. I belong to the Polish X-ray Physicians Society, and I am also a member of the International Federation of University Women.
Q. Now, witness, you say you entered the concentration camp at Ravensbruck in September 1941?
Q. What duty or duties were assigned to you as a prisoner in the camp?
A. After four weeks quarantine, I was assigned to the hardest statistical work. I worked in the State Building; after that I was sent to the factories, first, to straw plating shop and afterwards to a manual camp where I had to work day and night in a shop in town. After a period of two weeks I was taken into a hospital as a charwoman. In July 1942 I was sent back to the hospital and I was working in the X-ray section. I stayed in the hospital one year, from 24. July 1942 until 21 July 1943, and on that day I was sent to Dachau Station as a suspect, and on that day having been sent to the bunker. I remained in the bunker for eight weeks in a dark cell, and I was subjected to extreme examinations while in custody. After eight weeks I was released from the bunker, and I was out in a penal column whore I worked as a week chopper for eight months. In fay 1944. I was sent away to Neu-Brandenburg, where I was to be employed as a factory worker. After one month of work in the factory I was sent back to the hospital in Neu-Brandenburg, because the doctor had become sick there. On 2 September 1944 I was arrested and put in a bunker in Neu-Brandenburg because the supervisor, Frieda, had found a letter in my possession, and I took the letter away from her, and destroyed it. I remained in this bunker for nineteen days, and I was to be hanged. After the nineteen days I was sent back to Ravensbruck, and because it was only a harmless letter which the German nurse Anna had admitted, I was only punished for my impudence with four days in Ravensbruck.
Q. Witness, you say you were working in the capacity as an X-ray technician for the hospital in the sick quarter of the concentration camp at Ravensbruck for a period of one year, that is, from July 1942 until July 1943, is that correct?
A. Yes, since July 1942 to July 1943.
Q. Now based on your extended time in the concentration camp at Ravensbruck and for the time you spent in the sick quarter in affiliation with other patients in there, do you have any knowledge of the medical experimental program which in as being conducted there?
A. I was given the opportunity to observe the experiments there because I worked in the hospital at the same tire, and also in the X-ray section I had to take the X-ray pictures of those who had their bones operated on, and I could see them myself.
Q. Now, witness, we will take these things up slowly and be degrees. First of all, do you know what was the co-called sulfanilamide or infection experiment?
A. The experiment began on 1st of August 1942 when the first operation took place. The first operations were of infectious operations, on which the surface preparations were used.
Q. Now you say this sulfanilamide or infection experiment began about 1 August 1942, and they were carried on then until what date? When did they finish working on that particular type of experiment?
A. All the experiments were ended in March 1943, and then another group was added on 16 August 1943, which was carried cut in the bunkers.
Q. Now did they have a group of experiments also referred to as Bone Transplantation experiments?
A. There were also bone operations, in my opinion three types of bone operations, in the infection bone transplantation, for the removal of the bone, and was called "bone splinters".
Q. Now when did these bone transplantation experiments began with the removal of tho bone?
A. When the infection experiments were in progress, a few weeks later the bone experiments were begun.
Q. In other words, with such experiments, the time of the infection experiments and the bone experiments ran along parallel, or simultaneously, is that correct?
A. Yes, and at the same time other rooms were prepared for the so-called Aseptic operations.
Q. Now, witness, did you ever hear of muscle and nerve experiments?
A. In the bone experiments were incorporated those operations when they continued with the muscle experiments and with the experiments on the nerve.
Q. Now, in other words, witness for the most part these experiments were in progress during your time on duty in the hospital at Ravensbruck?
A. Yes, I was there the whole time.
Q. Do you have any knowledge of other experiments consisting of removal of whole extremities of the body?
A. Yes, such experiments were also carried out at the same time and somewhat later than the first experiments, that is, I think they were about the beginning of 1943.
Q. Now, witness, during the course of these Aseptic experiments, did you observe the type of medical experiments which were being administered on the victims?
A. They were taking care of the patients during only the first few days. Afterwards they remained without any proper medical care whatever for their recovery, or without any scientific control.
Q. Then would you say these girls who were subjected to these experiments after the first day or two were very badly neglected medically?
Q. Now after they were operated on, or after the first infection experiment, how long was it before they were administered sulfanilamide?
A. To that extent, of course, I know it was only done just a few days, and later they received drugs, such as morphine, if they had very great pains.
Q. Now, witness, did you ever hear, or know of your own knowledge, or do you have any reason to believe that tetanus had been deliberately administrated as a test in the course of these experiments?
A. I saw one case on a Veronica Kraska, who according to a clinical picture was infected with tetanus, and.
then later was given sulfanilamide.
Q. In your position as a doctor, will the application of sulfanilamide prevent the tetanus infection from killing the victim?
A. Yes, an attempt was made with sulfanilamide.
Q. Mow in your position as a physician do you think that sulfanilamide would prevent this tetanus infection causing a very severe injury, or causing the death of the victim after the sulfanilamide had been applied?
A. These were only experiments. I do not know from a medicinal viewpoint that tetanus can be cured with sulfanilamide.
Q. Now, witness, in the course of these experiments, do you know the number of Polish girls subjected to such experiments?
A. There were altogether 74 Polish girls who were operated upon. Also, there was one German Jehovah's Witness and one Ukrainian girl; altogether 76.
Q. Now, witness, do you know whether or not any of these 76 persons, subjected to these experiments, died as a result thereof?
A. Yes, five died because of these experiments.
Q. Do you know the names of the five girls that died as a result of these experiments?
Q. What are their names first?
A. The first was Weronika Kraska. She died from tetanus infection which was given her.
Q. Now witness, you have stated that Weronika Kraska died as a result of those experiments. Now would you kindly explain to the Tribunal the case of Weronika Kraska, as you know it, giving in detail the operations performed upon her, the treatment she received, and in your opinion, the cause of her death.
A. After a few days after the operation, typical tetanus symptoms appeared which lasted only a brief time and which led to death.. The disease lasted only a few hours. She died under typical cramps caused by tetanus.
Q. Now, witness, do you think that there was any possible way that this particular victim, Weronika Kraska, could have been saved?
A. From the medical point of view, one could think that if one gives tetanus, one should give serum against tetanus; but here, sulfonamide was given on an experimental basis and medicine has had no experience as to whether sulfonamide helps against tetanus. It was tested and she died.
Q. Now, witness, would you say as a doctor, that an amputation would possibly have saved the life of Weronika Kraska?
A. No, amputation, no; in tetanus?
Q. Now, witness, do you fell that this infection in the case of Weronika Kraska, that death was just a method by which they were establishing some of the scientific points in the course of the experiment?
Q. In other words, do you feel that Weronika Kraska was doomed to die from the moment she underwent the experiment?
Q. Now, witness, you have given us the name of Weronika Kraska, do you know the names of any of the ether four-- the remaining four that died as a result of these experiments?
A. Yes, I know the names.
Q. Would you repeat the names, please?
A. Zofia Kiecol and Aniela Lefanowicz, Alfreda Prus, Kazimiera Kurowska.
Q. Now, witness, you have outlined that you saw the cause of the death of Weronika Kraska. Now would you kindly outline, the same manner, your opinion as to the death of Kazimiera Kurowska?
A. In my opinion and according to the clinical observations, Kurowska had been infected with gangrene bacillus. She was a young, 23 year old, healthy girl. The disease progressed slowly. From day to day, the leg became blacker and more swollen. They week care of her only for the first few days. After that, she was taken to Room 4 where she lay for days in unbelievable pains and died helpless.
Q. Now, witness, do you mean to say that when she was brought to this Room 4 she was loft these for days without any medical aid at all?
Q. Now in this case, did you have an opportunity to observe her personally?
Q. How long did you observe her while she was in this condition of incredible pain?
A. She was there four or five days before she died.
Q. Do you think, in your opinion, there was anything that could have been done immediately to have saved the life of Kurowska?
A. Yes, yes. Her leg should have been amputated immediately in order to save her life.
Q. Now do you say that she was completely left in this room to her own natural resources, that is, by herself, just to care for herself? Is that correct?
Q. Now, witness, do you know of any further conditions in the case of this young lady while she was in this Room No. 4 that might be of interest to the Tribunal?
A. I and others observed her and we gave her what help we could; that is, we gave her water, we spoke to her and we prayed for her. And also, I talked to a prisoner, Gerda Quernheim, who asked me, "What do you think, can she be saved?" And I said, "Yes, if they amputate," And she asked, "Do you think that will be done?" I answered, "I don't think so because if they intended to do it, they would have done it already." This shows clearly that it could be controlled; that they did not want to amputate in the case of Kurowska to save her life.
Q. Now, witness, you have stated that another one of the girls that died was a girl named Aniela Lefanowicz?
Q. Will you kindly toll the Tribunal, in your own words, what the conditions were existing during the course of the experimentation on this young lady and what was the cause of her death?
A. In my opinion, Aniela Lefanowicz was infected with oedema malignum. The leg kept swelling more and more. The vessels eroded and she died of bleeding. She was not given the correct necessary care. The vessels should have been tied off or an amputation should have been carried out to save her.
Q. Now, doctor, you have stated that in this condition you felt that the blood vessels became corroded and there were hemorrhages of some sort.
A. Yes, there were hemorrhages from eroded vessels.
Q. How was there anything done at all for this young lady?
A. If anything was done, it was only in the first two days or three days when we had no access; afterwards, she was completely neglected so that we could got in and look at it. And that is how I was able to observe it.
Q. Now would you say that the death was a painful and miserable one?
Q. Now, witness, the fourth girl that died as a result of these experiments, her name is Zofia Kiecol. Would you tell us about the conditions existing during the experimentation upon this young lady which finally resulted in her death?
A. Zofia Kiecol died in the same way as Lefanowicz. They were similar cases.
Q. Now, was this girl, Zofia Kiecol, treated with sulfanilamide preparations?
A. The first two or three days when we had no access to her, she was given drugs. Later, nothing was done for her either.
Q. And you say that she was given the sulfanilamide preparations for a period of two or three days and then completely forgotten thereafter?
Q. Well then from such conditions as that, would you think, as a doctor, that the reason was that there was an effort being made to test what would happen if the patients were given only a limited amount of sulfanilamide?
Q. Now, witness, would kindly tell us what happened to Alfreda Prus, the other girl that died as a result of these experiments?
A. Alfreda Prus was also affected with oedema malignum. Alfreda proved to be stronger than Kiecol and Lefanowicz, and for that reason she lived a few days longer. For that reason, she was also taken to Room 4 to die there helplessly. The beautiful, young, 21 year old girl, a university student, sacrificed her life in terrible pain and died of hemorrhage.
Q. Now you say that this girl was only twenty-one years of age. Is that correct?
Q. Did you know her very well, witness?
A. I knew her well only from the camp.
Q. What did you say? Was she a beautiful girl, witness?
A. Yes, a very pretty girl - twenty-one years old - a university student.
Q. A very intelligent girl?
Q. Now, witness, did you know Miss Kusmierczuk?
A. Maria Kusmierczuk is the name. That is the friend of Alfreda Prus. She was also a university student. The two were infected at the same time and the two were in two different rooms. Maria Kusmierczuk is the only one that survived the actual infection and is living. She was sick in the hospital for a very long time, and she was released when she was not yet healed. Only transplations carried out much later helped the wound to heal. The transplation was not carried out by the doctors who conducted the experiments, only by the doctors who worked in the hospital much later. That was Dr. Treide.
Q. Now, witness, you say that Miss Kusmierczuk was the only survivor of the experiments of oedema malignum. Is that correct?
MR. HARDY: If it please the Court, Maria Kusmierczuk was one of the witnesses that appeared before this Tribunal early in the case.
Q. Now, doctor, there were also groups of girls infected with streptococcus and staphylococcus?
A. Yes. There was large groups of girls who were infected with streptococcus and staphylococcus.
Q. Were these girls treated better, the cases you have just outlined? Were they given any surgical aid?
A. These girls survived and had pains and their legs gave out pus and they did not die. For that reason they were given bandages from time to time when the doctors felt like it. Sometimes they waited three days, sometimes four days.
There was a terrible odor in the room of pus. The girls waited to get help in the night. There was no personnel. They had to help each other.
Q. Now, witness, who were the doctors who performed these experiments on these girls that you have told us about this morning?
A. When the preparations were made for the operations we were told it would be the Professor who would come and look. That was the last days of July and A Professor did come that I was able to see and later we learned it was Professor Gebhardt, head of Hohenlychen Sanatorium.
Q. Now, did anyone assist Professor Gebhardt in the course of these experiments?
A. Yes Professor Gebhardt came with his assistant. Most of the operations were carried out by Dr. Fischer. There was also a second assistant of Professor Gebhardt.
Q. Who was that, do you know?
A. I have forgotten the name, the name of the second assistant.
Q. Was there anyone else who assisted in these experiments, assisted Dr. Fischer in the performance of the experiments in the camp?
A. In the camp our doctors who worked there helped in the thing, and especially Dr. Herta Oberheuser and Dr. Rosenthal. At that time Dr. Schydlauski was the chief physician.
Q. Now, witness, you have stated that in some cases girls subjected to these experiments received postoperative care and treatment. Has this postoperative came and treatment done by the camp doctors or was it done by Gebhardt, Fischer and Oberheuser?
A. The Hohenlychen doctors only came for the operations and everything afterwards they left to our camp doctors.
Q. In ************************** performed the experiment merely performed the operation and then completely forgot the patient, is that correct, witness?
A. They came to make a big official visit. Then the patients were put in clean rooms with fresh dressings but that happened very seldom.