The Nuremberg Trials (Vol.9). International Military Tribunal

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      SEVENTY-SEVENTH DAY

       Friday, 8 March 1946

       Table of Contents

Morning Session

       Table of Contents

      THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): I have three announcements to make.

      First, to avoid unnecessary translation, Defense Counsel shall indicate to the Prosecution the exact passages in all documents which they propose to use, in order that the Prosecution may have an opportunity to object to irrelevant passages. In the event of disagreement between the Prosecution and the Defense as to the relevancy of any particular passage, the Tribunal will decide what passages are sufficiently relevant to be translated. Only the cited passages need be translated, unless the Prosecution require translation of the entire document.

      Second, the Tribunal has received an application from Dr. Nelte, counsel for the Defendant Keitel, inquiring whether a defendant, in order to support his memory, may make use of written notes while giving oral evidence. The Tribunal sanctions the use of written notes by a defendant in those circumstances, unless in special cases the Tribunal orders otherwise.

      Third, cases have arisen where one defendant has been given leave to administer interrogatories to or obtain an affidavit from a witness who will be called to give oral evidence on behalf of another defendant. If the witness gives his oral evidence before the case is heard in which the interrogatory or affidavit is to be offered, counsel in the latter case must elicit the evidence by oral examination, instead of using the interrogatory or affidavit.

      That is all.

      I now call upon counsel for the Defendant Göring.

      DR. OTTO NELTE (Counsel for Defendant Keitel): Mr. President, in yesterday’s afternoon session, you observed that application Number 2, which I had submitted as a supplement, had not yet been discussed orally. I was unfortunately not present at the afternoon session yesterday. It is a question of a subsequent, formal supplement to my applications regarding the witnesses Westhoff and Wielen. Both of these witnesses had already been granted me in the open Tribunal session. I submitted these names again only in order to complete my application.

      As an addition I mentioned only State Secretary Stuckart, a witness who also has already been granted me previously by a decision of the Tribunal. I believe, therefore, that I do not need to discuss this supplementary application, and that the Prosecution have no objection to this action.

      THE PRESIDENT: Yes, Dr. Nelte, General Westhoff and Wielen have already been granted to you, and there is no need for any further application.

      DR. NELTE: Is State Secretary Stuckart also granted me, Your Honor?

      THE PRESIDENT: Westhoff and Wielen have already been granted to you, and there is no need for any further application. I am afraid it is difficult to remember these names. I think that Stuckart has been granted to you.

      DR. NELTE: Yes.

      THE PRESIDENT: Yes, I am told he has.

      DR. ALFRED THOMA (Counsel for Defendant Rosenberg): Mr. President, at yesterday’s afternoon session my name was also mentioned in the following connection: I have hitherto submitted only written applications, and I must now present them orally. I assume that this refers to the written application which I handed in with my document and witness list, in which, in a rather lengthy written application, I requested that I might have permission to submit in evidence as historical documents of the time, quotations from theological and philosophical works which were considered important at the time of Rosenberg’s public power. I beg Your Honor to inform me whether this is the application in question.

      I should like to repeat: The President told me yesterday that I should repeat my written application orally. Therefore I should like to ask whether this refers to the written request that I handed in with my list of witnesses and documents.

      THE PRESIDENT: Dr. Thoma, so far as the Tribunal knows, everything will be covered by the written order which the Tribunal will make upon your application. It is not convenient, really, to deal with these matters now by way of oral requests, but everything that is in your written application will be covered by a written order of the Tribunal. It will be subject, of course, to the order which I have announced this morning, in order to assure that there will be no more translation than is absolutely necessary.

      DR. OTTO STAHMER (Counsel for Defendant Göring): Mr. President and Gentlemen of the Tribunal, before I start with my presentation I beg to make two supplementary applications. I am aware of the fact that supplementary requests as such should be put in writing. But since it is a question of several requests, I should like to have your decision whether I should submit these applications now or whether the Tribunal desires a written request.

      THE PRESIDENT: You may put your request now, verbally, but we would prefer to have it in writing afterwards as soon as possible.

      DR. STAHMER: I name first Major Bütz, who is in custody here in Nuremberg, as a witness for the following facts: Reich Marshal Göring repeatedly opposed in the summer of 1944 the measures which Hitler had ordered against aviators taking part in terror attacks. Furthermore, he knows that no order was issued either by the Luftwaffe or by the Wehrmacht corresponding to Hitler’s orders regarding terror aviators. Finally, he can СКАЧАТЬ