Morning Session

MARSHAL: May it please the Court, I desire now to say that the Defendant Kaltenbrunner will be absent from this morning’s session on account of illness.

M. DUBOST: In my capacity as representative of the French Prosecution, I wish to ask the Tribunal to consider this request. The witnesses that were interrogated yesterday are to be cross-examined by the Defense. The conditions under which they are here are rather precarious, for it takes 30 hours to return to Paris. We would like to know whether we are to keep them here; and, if the Defense really intends to cross-examine them, we should like to proceed with that as quickly as possible in order to ensure their return to France.

THE PRESIDENT: In view of what you said yesterday, M. Dubost, I said on behalf of the Tribunal that Herr Babel might have the opportunity of cross-examining one of your witnesses within the next two days. Is Herr Babel ready to cross-examine that witness now?

HERR BABEL: No, Mr. President, I have not yet received a copy of his interrogation and consequently have not been able to prepare my cross-examination. The time from yesterday to today is, naturally, also too short. Therefore, I cannot yet make a definite statement whether or not I shall want to cross-examine the witness. If I were given an opportunity during the course of the day to get the Record. . . .

THE PRESIDENT: [Interposing] Well, that witness must stay until tomorrow afternoon, M. Dubost, but the other witnesses can go. M. Dubost, will you see, if you can, that a copy of the shorthand notes is furnished to Herr Babel as soon as possible?

M. DUBOST: Yes, Mr. President.

[The witness, Boix, took the stand.]

I shall have it done, My Lord. We continue. The Tribunal will remember that yesterday afternoon we projected six photographs of Mauthausen which were brought to us by the witness who is now before you and on which he offered his comments. This witness specifically stated under what conditions the photograph representing Kaltenbrunner in the quarry of Mauthausen had been taken. We offer these photographs as a French document, Exhibit Number RF-332.

Will you allow me to formulate one more question to the witness? Then I shall be through with him, at least concerning the important part of this testimony.