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. NUERNBERG MILITARY TRIBUNAL
Volume I · Page 641
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c. Selection from the Argumentation of the Defense

EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT POPPENDICK

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Experiments with Incendiaries

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Evaluation of Evidence

The prosecution questioned the witness Kogon about the dispatch of reports on experiments with incendiaries. He stated
"The photos were placed opposite each other, mounted in an album, described in detail; the result sent in two copies to Berlin, one to Professor Mrugowsky, the other — here I am not quite sure — to Oberfuehrer Poppendick. I believe that Oberfuehrer Poppendick certainly received one report concerning this matter because Dr. Ding intended to publish a dissertation on this in a medical journal."
The prosecution then referred in this connection, to the entry in the so-called Ding diary under 5 January 1944 (NO–265, Pros. Ex. 287)
"Records dispatched to the Reich Physician SS with the request that they be forwarded to the Dr. Madaus Works."
The prosecution now thought they would be able to connect these two pieces of evidence with one another and wants to prove from this that Poppendick received a regular report, with photos, on experiments with incendiaries, and thus learned about criminal experiments with incendiaries in Buchenwald. The defense first questioned the persons concerned in Leipzig, in the form of affidavits, about the previous history of the experiments with incendiaries — the affidavit of Dr. Koch from the Madaus Works (Mrugowsky 103, Mrugowsky Ex. 97) , the affidavit of Kirchert (Poppendick 7, Poppendick Ex. 9), and the affidavit of von Woyrsch (Mrugowsky 115, Mrugowsky Ex. 108), all of these make similar reports on these events. Each one of these three witnesses, viewing this matter from different angles, was able to testify under oath that the correspondence between Dr. Ding and the firm of Madaus did not pass through Poppendick personally, and that the research section of Professor Vonkennel also had nothing to do with the whole matter as far as it took place in Leipzig, but that the connections were somewhat different in many respects from what might be concluded from the statement of Kogon.

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