DR. HORN: As next witness I name Wolfgang Michel, Oberstdorf in Allgäu, the witness under Number 38.
SIR DAVID MAXWELL-FYFE: This gentleman is stated to have been a partner in the defendant’s former business. According to the application, it is really desired that he should give his views of the defendant’s general attitude and state of mind. Again, the Prosecution fail to see to what issue he is relevant; but it may be that it would please the defendant to have affidavits from an old business partner to give his views on the defendant. If that is desired, the Prosecution would be prepared to consider such an affidavit; but they really must take up the consistent attitude that a witness of this kind is irrelevant—a witness who is going to say, “I have known this defendant for 20 years; I have been in business with him; and I have always had a high opinion of him.” That, in the submission of the Prosecution, does not touch the issues before this Tribunal and, therefore, is irrelevant. But, as I say, if my friend cares to produce an affidavit, the Prosecution will consider it with the greatest sympathy.
DR. HORN: I would be satisfied, in the case of the witness Michel, with an affidavit.
Mr. President, I would like to come back to the witness listed under Number 5, Legation Counsellor Gottfriedsen.
THE PRESIDENT: One moment. Aren’t you going to deal with Number 38? You didn’t deal with 37. You are passing that over, are you?
DR. HORN: I believe that the same objections would be raised against him as were raised with reference to the other witnesses. Since I assume that the Tribunal is going to decide in principle about the question whether or not all the related facts should be submitted here, I have left out the naming of this witness and ask the Tribunal for a decision.
THE PRESIDENT: I see. Now you want to go back to Number 5?
DR. HORN: I would like to come back to Number 5, Legation Counsellor Gottfriedsen. Legation Counsellor Gottfriedsen conducted the entire official and private finances of the Defendant Von Ribbentrop for many years.
Ribbentrop has been accused by various members of the Prosecution of enriching himself with objects of art and similar things. About this point Legation Counsellor Gottfriedsen can give decisive evidence which will invalidate these charges. I therefore ask for approval of this witness.
SIR DAVID MAXWELL-FYFE: My Lord, I have just asked Dr. Horn on this point whether he would prefer Herr Gottfriedsen to Herr Von Sonnleitner. I think Dr. Horn says that, if there was a question of choice, he would.