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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 (NO265, 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.
641
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