Our investigators would put a black hood over the accused's head and then punch him in the face with brass knuckles, kick him, and beat him with rubber hose. Many of the German defendants had teeth knocked out. Some had their jaws broken. All but two of the Germans, in the 139 cases we investigated, had been kicked in the testicles beyond repair. This was Standard Operating Procedure with American investigators. Perl admitted use of mock trials and persuasive methods including violence and said the court was free to decide the weight to be attached to evidence thus received.
Ultimately we do not know the exact amount of torture used against the German prisoners, but it does not seem Van Roden is properly quoted here. He did admit that some were injured in the testicles but the "All but two were" is a misquote. Further, this was for the Malmedy trial and is not in reference to Nuremberg or any "Holocaust" trial. It was a trial for claimed killings of American POWs and Belgian civilians.
On 5 May 1949, Van Roden commenting on the individual passages of the article in Progressive (MMI, vol I, p. 312):
Now, in the next paragraph where it says "All but two of the Germans, in the 139 cases we investigated, had been kicked in the testicles beyond repair," I did not say that. What I said was that all but two were recommended for commutation to life imprisonment, and the other two for other sentences.I do not know how many we heard or how many may or may not have been kicked or kneed in the testicles. We learned some had been but that figure is absolutely wrong. I do not know how many were kicked or abused in the testicles.
Some more of the discussions:
Gordon Simpson, of the Simpson Commission (composed of Simpson and Judge Van Roden), a former justice of the Texas Supreme court, was examined about the claim in 29.04.1949 (MMI, vol I, p. 197):
Mr. CHAMBERS. Today in the examination of other witnesses and in some of the printed stories based on the Simpson report, there is reference made to the fact that a rather surprising percentage - I think out of 139 cases all but 2 of the Germans had had their testicles damaged beyond repair. Where did you find the evidence on that?
Mr. SIMPSON. None at all.
Mr. CHAMBERS. Were there charges made to that effect?
Mr. SIMPSON. No; no claim was made to that effect in any of the records we inspected, and we diligently tried to find them.
Senator MCCARTHY. Just a second. Did you read Colonel Everett's affidavit, Judge?
Mr. SIMPSON. Yes.
Senator MCCARTHY. You say there was no claim made. You read that before you conducted your investigation?
Mr. SIMPSON. I suppose you are correct. When I say no claim was made, I am too broad in that. I like to separate between the realm of allegation and the realm of proof. I want to say I found no proof of that.
Judge Van Roden was examined on 04.05.1949 (MMI, vol I, p. 244):
Senator MCCARTHY. Yes. Am I correct in saying that you did find evidence to indicate that a sizable number of those men sentenced to die were crippled to at least some extent because of having been kicked in the testicles?
Judge VAN RODEN. We found that to be so. But I have seen some of the articles in the papers and some were exaggerated. I read one the other day saying that all but two of the men had been injured for life. We did not find that.
Senator MCCARTHY. But you found -
Judge VAN RODEN. That some of them had been injured in their testicles. We could not find out how many.
More of Van Roden's evidence (MMI, vol I, p. 250):
Senator BALDWIN. In your statement sometime ago that was made in February 1949, you said American investigators of the United States Court in Dachau, Germany, used the following methods to obtain confessions: Beating and brutal kickings. What evidence can you tell us there was of that?
Judge VAN RODEN. The only evidence I can recall was what the person who came before us talked to us about, and the petitions that were filed, and I suppose Colonel Everett, of course, spoke to us and told us what he knew, and he presented, I think, two affidavits he had while in Washington, either then or before that time. I cannot remember the specific stories for each of those various things, but we learned that in the course of our investigation over there.
About the article in Progressive (MMI, vol I, pp. 256-7):
Senator HUNT. Judge Van Roden, I have here before me a magazine known as the Progressive, I believe it is called.
Judge VAN RODEN. I have seen that.
Senator HUNT. Which carries, I presume, a written article by you, at least it accredits the article to you, and that makes some rather serious, very serious and direct charges, and I would like to ask you some questions with reference to the source of your information for making those charges.
Judge VAN RODEN. Before you do so, Senator, I want this to be made very definitely of record. I did not write that article. I had made a talk at a Rotary Club meeting in our county and a gentleman who was there took some notes on the talk, and I understand that is supposed to be a condensation of the things, some of the things that I said at that Rotary Club gathering. The gentleman who actually did write that article, actually is the author of it, telephoned to me that it was to have a byline. I did not know what a byline was, believe it or not, gentlemen. Then I was startled by receiving a copy of that as the author of that article. I am not the author of that article.
Senator HUNT. Let me ask you, Judge, after having read the article, would you like to say that the statements in there are statements made by you, or are they incorrect statements attributed to you?
Judge VAN RODEN. Well, some are correct and some are not correct. Senator HUNT. Judge, in your report of January 6, 1949, which you signed along with Colonel Simpson and Col. Charles W. Lawrence, this paragraph appears:
There was no general or systematic use of improper methods to secure prosecution evidence for the use at the trials.
Now, does that statement reflect your position as a member of the board?
Judge VAN RODEN. I would say so as stated therein.