It seems to the Tribunal obvious that that procedure is really necessary when one remembers that it is for the Tribunal, with very great difficulty and at considerable expense, to find these witnesses and to bring them to Nuremberg, and to find the documents, if possible, and to bring them to Nuremberg.
Now, as to your or to Dr. Horn’s objections to the procedure which has been adopted with reference to the Prosecution, it is open to defendants’ counsel at any time, if they wish to do so, to apply to strike from the record any document which they think ought not to have been admitted. One of his objections, or possibly your objection, appeared to be that defendants’ counsel have not had sufficient time to consider whether a particular document or a particular witness was relevant, and therefore admissible. You have had ample time now to consider the point and if now you wish to apply to strike out any document or to strike out any evidence, you will make that application in writing and the Tribunal will consider it.
As I have said, the object of the procedure is to help the defendants and their counsel. And it is a necessary procedure because the defendants are unable, naturally, and defendants’ counsel are unable, naturally, to procure the attendance of witnesses here in Nuremberg, and in some cases to procure the production of documents.
In order that we should do so, on their behalf, it is necessary that we should know whom they want to have produced here, what documents they want to have produced here; and, in order that time should not be wasted and money should not be unduly wasted, it is necessary to know whether the witnesses and the documents have any shadow of relevancy to the issues raised.
DR. STAHMER: Then I shall begin with the naming of those witnesses whose interrogation before the Tribunal I consider necessary.
I name first General of the Air Force Karl Bodenschatz.
THE PRESIDENT: Dr. Stahmer, the Tribunal does not desire you to read your application. If you will just say in your own words, as shortly as you can, why you want the particular witness, they will then consider it. And if Counsel for the Prosecution wish to object, they will do so. Then the Tribunal will finally decide the matter.
DR. STAHMER: The witness I have named, General of the Air Force Bodenschatz, who is here in the Nuremberg prison, was with the Defendant Göring since 1933, first as adjutant and later as minister, as Chief of the Ministerial Office. He is, therefore, informed about all the principal events of that time. I have named him as a witness for a number of facts which are individually contained in my written statement, but especially that he took part in a conference which took place at the beginning of August 1939 in Soenke Nissen Koog, at which Göring met with English negotiators in order to bring about, with them, the possibility of a peaceful solution of the difficulties already existing at that time between Germany and Poland. At that time he declared to the English negotiators that a war must not take place under any circumstances, and that they must endeavor to settle these differences peacefully.
Furthermore, he has made known statements, made by Göring during the past years, particularly 1936 to 1939, from which it can be seen that the intention of the Defendant Göring was to avoid a war, if possible. He declared that the policy of the Reich should be conducted in such a way that a war could not break out under any circumstances.
Furthermore, this witness knows about the attitude of Göring when he first heard from Hitler that Hitler intended to attack Russia.