Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIVarious
Philosophy
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume II
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
A. No. I did not have the opportunity because the doctor is merely
called in to an execution to ascertain when death occurs, but I am
convinced that it was not my duty to examine the sentence order, for I
had nothing to do with the actual execution. The order was given by the
representative of the camp commandant; someone who was attached to the
commandant’s office actually shot the people, and I was merely there to
ascertain when death occurred and to note the symptoms of poisoning, but
Dr. Ding did the latter for me. The official information from a high
authority was sufficient proof to me for the legality of the execution.
Q. In the case of two of the five thieves, the poison had no effect. You
saw the suffering of the other three from the poison; why did you not
shorten this suffering?
A. The sight of this execution was one of the most horrible experiences
of my life. On the other hand, I could not shorten the symptoms for in
the first place there was no antidote against aconitine available. If it
is in the circulation, then there is no possibility of removing it. In
the second place, it was the express purpose to find out how long the
symptoms of poisoning last in order in later cases to be able to use an
antidote, which it was hoped would soon be discovered.
Q. Did you know that executions in Germany can only be carried out by
shooting, by hanging, or by beheading, and did you not have any
misgivings when this execution was carried out in a different way?
A. I am not a jurist; I do not know the methods of execution. On the
other hand, I have already said that in my opinion the state itself has
the right to determine the method of death for its citizens in wartime
and doubtless has the right to determine the method of an execution.
Here the suspicion had arisen that poison war was beginning against
Germany. This seemed to be supported by the finding of poison Russian
ammunition. Since the investigations were carried out by the highest
authorities in the Reich, I had no doubt about the juridicial
admissibility upon which I, as a doctor, had no influence.
PRESIDING JUDGE BEALS: Witness, were each of these men struck by more
than one bullet or only by one bullet each?
DEFENDANT MRUGOWSKY: Each one was shot only once in the thigh; two of
these five persons were immediately killed by another shot, because the
first shot of the poison ammunition had hit the artery in the thigh and
their suffering was immediately stopped; but the others had only flesh
wounds and after a certain period of time, symptoms of poisoning
appeared; that was three people.
DR. FLEMMING: Did you have anything else to do with the previous history
of this execution?
MRUGOWSKY: No.
* * * * *
EXTRACT FROM THE TESTIMONY OF PROSECUTION EXPERT WITNESS
DR. ANDREW C. IVY[15]
_CROSS-EXAMINATION_
* * * * *
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