M. DUBOST: I should not like the Tribunal to mistake this interpolation for an interruption of the cross-examination; but I think I must say that some confusion was undoubtedly created in the mind of the Defense Counsel just now in consequence of an interpreter’s error which has been brought to my notice.
He asked my witness an insidious question, namely, whether the French deportees were criminals for the most part, and the question was interpreted as follows: whether the French deportees were criminals. The witness answered the question as translated into French and not as asked in German. I therefore request that the question be put once more by the Defense Counsel and correctly translated.
THE PRESIDENT: Do you understand what Mr. Dubost said, Dr. Babel?
HERR BABEL: I think I understand the substance. I think I understand that there was a mistake in the translation. I am not in a position to judge; I cannot follow both the French and German text.
THE PRESIDENT: I think the best course is to continue your cross-examination, if you have any more questions to ask, and Mr. Dubost can clear up the difficulty in re-examination.
HERR BABEL: Mr. President, the Defense Counsel for Kaltenbrunner has already explained today that it is very difficult for the Defense to cross-examine a witness without being informed at least one day before as to the subjects on which the witness is to be heard. The testimony given by today’s witnesses was so voluminous that it is impossible for me to follow it without previous preparation and to prepare and conduct from brief notes the extensive cross-examinations which are necessary.
To my knowledge, the President has already informed Defense Counsel for the organizations that we shall have an opportunity of re-examining the witnesses later or of calling them on our own behalf.
THE PRESIDENT: I have already said what I have to say on behalf of the Tribunal on that point, but as Counsel for the Defense must have anticipated that witnesses would be called as to the conditions in the concentration camps, I should have thought they could have prepared their cross-examination during the 40 or more days during which the Trial has taken place.
HERR BABEL: Mr. President, I do not think that this is the proper time for me to argue the matter with the Tribunal, but I may perhaps be given the opportunity of doing so later in a closed session. I consider this necessary in the interests of the rapid and unhampered progress of the Trial.
I have no desire whatsoever to delay the proceedings. I have the greatest interest in expediting them as far as possible, but I am anxious not to do so at the cost of prejudicing the defense of the organizations.