(d) A defendant who does not wish to testify on his own behalf but who is willing to testify on behalf of a co-defendant may do so during the presentation of the case of the co-defendant. Counsel for other codefendants and for the Prosecution shall examine and cross-examine him when he has concluded his testimony on behalf of the co-defendant.
(e) Subparagraphs (a), (b), (c), and (d) do not limit the power of the Tribunal to allow a defendant to be recalled for further testimony in exceptional cases, if in the opinion of the Tribunal the interest of justice so requires.
7. In addition to the addresses of each defendant’s counsel under Article 24(h), one counsel representing all the defendants will be permitted to address the Tribunal on legal issues arising out of the Indictment and the Charter which are common to all defendants, but in making such address he will be held to strict compliance with Article 3 of the Charter. This address will take place at the conclusion of the presentation of all the evidence on behalf of the defendants, but must not last more than half a day. If possible, a copy of the written text of the address shall be delivered to the General Secretary in time to enable him to have translations made in the English, French, and Russian languages.
8. In exercising his right to make a statement to the Tribunal under Article 24(j), a defendant may not repeat matters which already have been the subject of evidence or already have been dealt with by his counsel when addressing the Court under Article 24(h), but will be limited to dealing with such additional matters as he may consider necessary before the judgment of the Tribunal is delivered and sentence pronounced.
9. The procedure prescribed by this order may be altered by the Tribunal at any time if it appears to the Tribunal necessary in the interest of justice.
Now the Tribunal will deal with the application for witnesses and documents on behalf of the Defendant Göring, and the procedure which the Tribunal proposes to adopt is to ask counsel for the defendant whose case is being dealt with to deal, in the first instance, with his first witness, and then to ask Counsel for the Prosecution to reply upon that witness and then, when that has been done, to ask defendant’s counsel to deal with his second application for a witness, and then for the Prosecution Counsel to deal with that witness; that is to say, to hear the defendant’s counsel and the Prosecution Counsel upon each witness in turn.
That procedure will probably not be necessary when the Tribunal comes to deal with documents. Probably it will be more convenient for defendant’s counsel to deal with the documents together and prosecuting counsel to deal in answer to the documents together. But, so far as the witnesses are concerned, each will be taken in turn.
I call upon Dr. Stahmer.
DR. MARTIN HORN (Counsel for Defendant Von Ribbentrop): Before we go into these details I ask to be informed why the Court has the intention of treating the Defense in a fundamentally different manner from the Prosecution. In Article 24 of the Charter it is stated that the Tribunal will ask the Prosecution and the Defense whether they will submit evidence to the Tribunal and if so, what evidence. This decision has so far not been applied by the Tribunal in relation to the Prosecution. I am glad that today the Defense has been granted the possibility to name to the Tribunal those documents and witnesses, which up to now have been difficult to obtain. I am prepared today to tell the Tribunal the essential points which establish the necessity of calling the witnesses and the relevancy of the documents. I ask the Court, therefore on the basis of past practice, not to allow the Prosecution to take part in judging whether a document should be considered relevant or not. As Defense Counsel I am convinced that I would have to submit to a sort of precensorship by the Prosecution which would impair the unity of my entire evidence. I may point out that the protests of the Defense have constantly been postponed with the remark that the Defense would be heard about these points at a later date. If selection of evidence, on the basis of objections by the Prosecution, takes place here today the danger arises that protests which have been postponed will not be able to be treated later. For the reasons stated, therefore, I request the Court to proceed according to past practice, and decide as to the right of the Prosecution to protest against the procurement of evidence.
THE PRESIDENT: Will Counsel for Ribbentrop come back to the rostrum? The Tribunal is not altogether clear what motion you are making.