THE PRESIDENT: Would you repeat, General?
GEN. RUDENKO: Very well. I was saying, with reference to Sir David’s protest, on behalf of the Prosecution, against the summoning of this witness, that I wished to explain that the summoning of this witness in regard to his presence at the 1939 negotiations at Moscow was of no interest whatsoever to the Tribunal. The Tribunal proceeds from the facts that this agreement had been concluded in 1939 and had been treacherously violated by Germany.
I consider that the summoning of this witness before the Tribunal is superfluous since the witness in question has no connection whatsoever with the present case.
DR. HORN: I ask the Tribunal’s permission to point out that for weeks General Koestring was in prison in Nuremberg at the disposal of the Prosecution. Therefore, I ask the Tribunal to grant him a hearing as a witness for the reasons which I have mentioned.
THE PRESIDENT: The Tribunal will consider the matter. Dr. Horn, the Tribunal does not understand the fact that General Koestring is in prison at Nuremberg is any answer to the objection which is made on behalf of the Prosecution, namely, that the Tribunal is not interested in negotiations which took place in September 1939, but in the violation of the treaty. The Tribunal would like to know whether you have any answer to make to that objection? The only answer you have made up to date is that General Koestring is here in Nuremberg.
DR. HORN: Mr. President, General Koestring is to testify that the pact with Russia was drawn up with full intention of its being kept on the part of Germany and on the part of my client.
I would not like to say anything further on this point at the moment and I ask the Court to call the witness on the basis of this reason.
THE PRESIDENT: Very well, the Tribunal will consider your request.
DR. HORN: The next witness is legation councillor for reports, Dr. Hesse, who was formerly in the Foreign Office in Berlin and now presumably is in the camp at Augsburg.
SIR DAVID MAXWELL-FYFE: My Lord, there is no objection to this witness. I do not know if Dr. Horn wants him in person or if an affidavit would do. The Prosecution do not feel strongly on the matter but they ask Dr. Horn whenever possible to accept an affidavit and they suggest that he might consider it in this case.