Q. Let me put it to you, Professor, is it not a fact that they were not dealing with epidemic typhus in Buchenwald, but with a super-typhus, developed from man to man passage, which was much more virulent and much more deadly than any typhus you could expect in an epidemic? A. That I cannot judge because I have no knowledge of the work done in Buchenwald and can only refer to what Ding’s diary says, which I regard as unreliable. Q. Well, if you regard it as reliable, Doctor, and if you figure out the deaths among the untreated control persons and find a mortality which averaged eighty-one percent, will you not, as a scientist and an expert on tropical diseases, concede that they had developed a highly virulent, something we might call a super-typhus, in Buchenwald? Isn’t that right, Professor? A. As a scientist, I am accustomed to state my opinion on the basis of reliable documentation and not on the basis of such falsifications which are produced for a special purpose. Q. I can appreciate that you do not regard the document as reliable, Professor, but we will investigate that a little later. * * * * * ----- [1] Closing statement is recorded in mimeographed transcript, 14 July 1947, pp. 10718-10796. [2] Final plea is recorded in mimeographed transcript, 15 July 1947, pp. 10874-10911. [3] See section on Status of Occupied Poland under International Law, vol. I, pp. 974-979. [4] Final plea is recorded in mimeographed transcript, 16 July 1947, pp. 11020-11048. [5] Final plea is recorded in mimeographed transcript, 18 July 1947, pp. 11268-11288. [6] Complete testimony is recorded in mimeographed transcript, 3, 4, 5, 6, 7 Feb. ’47, pp. 2301-2661. [7] Complete testimony is recorded in mimeographed transcript, 15, 16 Apr. 1947, pp. 5926-5994. [8] Complete testimony is recorded in mimeographed transcript, 12, 13, 14 June 1947, pp. 9029-9824. [9] Closing statement is recorded in mimeographed transcript, 14 July 47, pp. 10718-10796. [10] United States _vs._ Erhard Milch. Concurring Opinion of Judge Musmanno, vol. II, sec. VII, B. [11] See also excerpts from the closing brief for the defendant Karl Brandt (Section VIII E, vol. I, pp. 983-990). [12] Final plea is recorded in mimeographed transcript, 15 July 47, pp. 10874-10911. [13] Art. 59 of the German Penal Code reads: “If a person in committing an offense did not know of the existence of circumstances [Tatumstaende] constituting the factual elements of the offense as determined by statute [gesetzlicher Tatbestand] or increasing the punishment, then these circumstances may not be charged against him. “In punishing an offense committed through negligence, this provision applies only insofar as the lack of knowledge does not in itself constitute negligence for which the offender is responsible.”