SIR DAVID MAXWELL-FYFE: No.
THE PRESIDENT: There was another question. Did the Defendant Raeder’s counsel apply to have Dahlerus as a witness?
SIR DAVID MAXWELL-FYFE: No. The only other mention that I know of is by the Defendant Ribbentrop’s counsel on a limited point.
DR. HORN: Before the Court makes a decision about the witness Dahlerus, I would like to inform the Tribunal that I have asked for that witness for the Defendant Von Ribbentrop. The witness Dahlerus, in the decisive hours before the outbreak of World War II in 1939, played a decisive role. The witness Dahlerus particularly can give important evidence about the last document which contained the conditions for further negotiations with Poland. This document was the cause of the second World War. I believe that this should be sufficient reason to call the witness Dahlerus to come here, especially since Dr. Siemers has declared that he knows that the witness is prepared to come on his own initiative.
DR. STAHMER: In view of the importance of this motion to me, may I in addition state the following: I have sent an interrogatory with 52 questions; but I do not believe that these questions really exhaust the subject matter of the evidence. For it is impossible, as I said before, to summarize everything that the witness knows strategically and to bring it out in such sequence that the Tribunal can have a complete picture of the important function which Dahlerus exercised at that time in the interests of England as well as of Germany.
THE PRESIDENT: Very well, the Tribunal will consider that point.
DR. STAHMER: As the next witness, I have named Dr. Baron Von Hammerstein, who was Judge Advocate General in the Air Force and who is at this time a prisoner of war either in American or British hands.
SIR DAVID MAXWELL-FYFE: With regard to Dr. Von Hammerstein, the Tribunal allowed interrogatories on the 9th of February; and Dr. Stahmer has not yet submitted the interrogatories; and the witness is not yet located. I have no objection to interrogatories. It seems as if this is essentially the type of witness that interrogatories would be most helpful with. He was the equivalent, as I understand it, of our Judge Advocate General of the Air Force, and interrogatories as to procedure, as foreshadowed in this application, would be a matter to which the Prosecution takes no objection at all. If he can be found, then Dr. Stahmer can administer the interrogatories as soon as he likes.
DR. STAHMER: As far as I can find out, I have not received any resolution that an interrogatory should be submitted, but I would nevertheless like to ask to call Hammerstein as a witness.
THE PRESIDENT: You must be mistaken about that, Dr. Stahmer, because upon our documents the right to administer interrogatories was granted on the 9th of February.