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ad 1-c: In case the Court should not agree with the explanations
and should not consider the statements of the expert opinion in the sense of the defense, and therefore come to a denial of the Application ad a, it seems necessary to obtain the super opinion because the opinions testify to the fact that the defendant is a psychopathic personality who suffers from hallucinations and still today shows, in the loss of memory, clear signs of a serious hysteria. If the Tribunal does not consider these sentiments alone as sufficient for the establishment of incapability to be tried, a more intensive examination would have to follow which would not be confined to an examination of only one or two hours on several days, but require a clinical observation.
The opinions, themselves, provide for another examination of the mental condition of the defendant, which seems to prove that the experts possibly have a "disturbance of the mental capacity" in mind if the condition of the defendant lasts and the Tribunal, against expectations, declares the defendant unfit to be tried and therewith incompetent under all circumstances.
/Signed/ von Rohrscheidt
Attorney-at-Law Translator: Dr. H. v. V. Veith
C. ANSWER BY THE FOUR CHIEF PROSECUTORS
TO THE INTERNATIONAL MILITARY TRIBUNAL:
The undersigned representatives of their respective nations answer the request of the Tribunal of 28 November, 1945 respectfully as follows:
1. We do not challenge or question the report of the Committee.
2. It is our position that the defendant Rudolf Hess is fit to stand trial.
3. Observations may be filed by any of the undersigned based on their respective relationships to the subject matter.
[signed] R. RUDENKO For the Union of Soviet Socialist Republics
[signed] C. DUBOST For the Provisional Government of France
[signed] DAVID MAXWELL-FYFE For the United Kingdom of Great Britain and Northern Ireland
[signed] ROBERT H. JACKSON
For the United States of America 29 November 1945
(1) Answer by the United States Chief of Counsel
TO THE INTERNATIONAL MILITARY TRIBUNAL:
The United States respectfully files the following observations on the application of RUDOLF HESS:
Hess' condition was known to the undersigned representative of the United States immediately after his delivery to the Nurnberg prison and was the subject of a report by Major Douglas McG. Kelley of the Medical Corps of the United States Army, which report is attached hereto.
The report of Major Kelley and his recommendation for treatment were submitted to me and on October 20, 1945, I advised that "any treatment of this case involving the use of drugs which might cause injury to the subject is disapproved.” This was not because I disapproved of the treatment. I approve of the treatment and would insist on its being employed if the victim were a member of my own family. But I was of the opinion that the private administration of any kind of drug to Hess would be dangerous because if he should thereafter die, even of natural causes, it would become the subject of public controversy. This completely agreed with the opinion of the Security Officer, Colonel B. C. Andrus, whose report is attached.
In view of the statements contained in the medical report of the Commission and in view of the facts which I have recited, the United States must regard Hess as a victim, at most, of a voluntary amnesia and presenting no case for excuse from trial. Respectfully submitted
(signed] Robert H. Jackson
Chief of Counsel for the United States. 29 November 1945.
16 October 1945 SUBJECT: Psychiatric Status of Internee. TO: Commanding Officer, Internal Security Detachment.
1. Internee Rudolf HESS has been carefully studied since his admission to Nurnberg Prison.
2. On entry HESS manifested a spotty amnesia. The British
psychiatrist accompanying him stated that from 4 October 43 to 4 February 45 HESS presented symptoms of total amnesia. From 4 February 45 to 12 July 45 he recovered, and is said to have made a statement that his previous amnesia was simulated. On 12 July 45 he again developed amnesia which has lasted to the present. Also while in England HESS claimed he was being poisoned and sealed up numerous samples of food, chocolate, medicine, etc. as "evidence" to be analyzed prior to his trials. Such behavior could be either simulated or a true paranoid reaction.
3. Present examination reveals a normal mental status with the exception of the amnesia. Attitude and general behavior are normal, mood and affect, while slightly depressed, are intact and normal. Sensorium is intact and insight is good. Content reveals vague paranoid trends, but there is no evidence of any actual psychosis. His reactions to his suspicions are not fixed-and delusioned trends-are distinctly spotty and disconnected. His reactions are those of an individual who has given up a simulated behavior pattern rather than those of the psychotic. Oddly enough his memory for this phase of behavior is excellent.
4. Special examinations with Rorschach cards indicate some neurotic patterns. They point to a highly schizoid personality with hysterical and obsessive components. Such findings are confirmed in the patient's present reactions. He complains bitterly of "stomach cramps" which are obviously neurotic manifestations. He is over-dramatic in his actions presenting typical hysterical gestures, complaints and symptoms. His amnesia is at present limited to personal events concerning his history after joining the party. The amnesia however shifts in a highly suspicious fashion. Such amnesias may be hysterical in nature but in such cases do not change in depth from day to day and facts recently learned are not lost as with Hess.
5. In HESS' case there is also the factor of his long amnesia in England. It is quite possible that he has suggested an amnesia to himself for so long that he partially believes in it. In a person of hysterical make-up such auto suggestion could readily produce an amnesic state. Also the "gain" or protection found in amnesia, fancied or real, would be a bar to its easy clearance. Finally a large conscious element may well be present.
6. In this case I believe all those factors are present. Treatment will have to be formulated along lines attacking the suggestive factors and overcoming conscious restraints. Hypnosis would be a value but probably chemical hypnosis will be required. Such narco-hypnosis and analysis require the use of intra venous drugs of the barbitol series, either sodium amytol or sodium pentothal. Such treatment is in general innocuous if proper precautions are taken. It must be borne in mind, however, that occasional accidents happen in any intravenous technique. With the drugs mentioned above rare fatalities have been reported although in more than 1000 such cases personally treated, I have never seen one.
7. Essentially the present situation is as follows: a. Internee HESS is sane and responsible. b. Internee HESS is a profound neurotic of the hysterical type.
c. His amnesia is of mixed etuology, stemming from auto suggestions and conscious malingering in a hysterical personality.
d. Treatment will be required if it is felt desirable to remove this amnesia.
e. Such treatment, though it cannot eliminate the conscious element is of great value in estimating its importance. With such techniques accurate estimates of malingering can be made. If this is a true amnesia, total recovery can be predicted.
f. Such treatment is essentially harmless except in extremely rare instances. In ordinary practice the value of the treatment far outweighs any of its hazards.
8. Clarification as to the desired degree of treatment in this case is requested. [signed] DOUGLAS McG. KELLEY
1st Ind HEADQUARTERS, INTERNAL SECURITY DETACHMENT,
OFFICE US CHIEF OF COUNSEL-APO 403, U. S. ARMY
17 OCTOBER 1945 TO: Mr. Justice Jackson's Office US Chief of Counsel
APO 403, U. S. Army
(Attention: Colonel Gill) HESS believes or has pretended that the British attempted to poison him. Treatment with drugs might call forth the same suspicion or allegation against us by him. Undue alarm might be injurious to the patient.
/s/ B. C. Andrus /t/ B. C. ANDRUS
2nd Ind OFFICE US CHIEF OF COUNSEL, EXECUTIVE OFFICE, APO, 403, U. S. ARMY
20 October 1945 TO: Headquarters, Internal Security Detachment.
Office US Chief of Counsel Any treatment of this case involving the use of drugs which might cause injury to the subject is disapproved.
ROBT. J. GILL
D. STATEMENT BY HESS TO THE TRIBUNAL CONCERN
ING HIS MEMORY
30 November 1945
Afternoon Session Mr. President: At the beginning of this afternoon's proceedings, I handed my defense counsel a note stating that I am of the opinion that these proceedings could be shortened if I could speak brieffy. What I have to say is as follows: In order to prevent any possibility of my being declared incapable of pleading-although I am willing to take part in the rest of the proceedings with the rest of them, I would like to make the following declaration to the Tribunal although I originally intended not to make this declaration until a later time. My memory is again in order. The reason why I simulated loss of memory was tactical. In fact, it is only that my power for concentration is slightly reduced but in conflict to that my capacity to follow the trial, my capacity to defend myself, to put questions to witnesses or even to answer questionsin these, my capacities are not influenced. I emphasize the fact that I bear full responsibility for everything that I have done, signed or have signed as co-signatory. My fundamental attitude that the Tribunal is not legally competent, is not affected by the statement I have just made. Hitherto, in my conversations with my official defense counsel, I have maintained my loss of memory. He was, therefore, acting in good faith when he asserted I had lost my memory."
The ruling of the International Military Tribunal was announced orally by Lord Justice Lawrence, presiding, on 1 December 1945: