Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg 14 November 1945-1 October 1946, Volume 08

by Various

THE PRESIDENT: We will adjourn now.

[The Tribunal adjourned until 26 February 1946 at 1000 hours.]

SIXTY-EIGHTH DAY
Tuesday, 26 February 1946

Morning Session

THE PRESIDENT: I wanted to explain the Tribunal’s decision with reference to General Halder and General Warlimont.

Would Dr. Nelte kindly come to the Tribunal?

I wanted to ask you, Dr. Nelte, whether you were the only one of the defendants’ counsel who wished to call General Halder and General Warlimont?

DR. NELTE: No, besides myself, so far as I know, my colleagues Dr. Laternser, Professor Dr. Kraus, and Professor Dr. Exner have called both General Halder and General Warlimont.

THE PRESIDENT: Very well, I understand.

Then the Tribunal’s decision is this: The Tribunal ordered, when the Soviet prosecutor wished to put in the affidavits of these two generals, that if they were put in, the witnesses must be produced for cross-examination. But in view of the fact that defendants’ counsel have asked to call these witnesses themselves, the Tribunal is willing that the defendants’ counsel should decide whether they prefer that those two generals should be produced now, during the Prosecution’s case, for cross-examination, or should be called thereafter during the defendants’ case for examination by the defendants, in which case, of course, they would be liable to cross-examination on behalf of the Prosecution.