SIR DAVID MAXWELL-FYFE: My Lord, I wonder if the Tribunal would allow me to say something on a matter on which I promised to get information yesterday.
Your Lordship will remember that Dr. Horn asked for a withdrawn edition of the Daily Telegraph of the 31st of August 1939, and I promised the Tribunal that I should make inquiries. I had a telegram from the Daily Telegraph, which I received this morning, and it says:
“No edition of the Daily Telegraph withdrawn on 31 August 1939 or any other day thereabouts. The Telegraph of the 31st gave a brief paragraph saying meeting Henderson-Ribbentrop had taken place but without details.
“On 1st September carried summary of Germany’s 16 points for Poland as broadcast by the German radio. Actual text of the note did not appear until September 2, when extracted from the Foreign Office White Paper of all relevant documents.”
I thought it was only right, as I had promised to get the information, that I should put it before the Tribunal, and I propose to send a copy of that to Dr. Horn.
THE PRESIDENT: Thank you, Sir David. I think that may necessitate a slight variation in the order which the Tribunal was proposing to make.
DR. NELTE: Regarding the question of Generals Halder and Warlimont as witnesses, Mr. President, permit me to ask you to answer one question; namely, to tell me if the Court has decided yet that the Generals Halder and Warlimont, whom I have named as witnesses, and whose relevancy has been admitted by the Prosecution, will be approved as witnesses for Keitel so that we can count with certainty on their appearing in the proceedings.
THE PRESIDENT: Yes, certainly. What I meant to state this morning was that the Defense Counsel should decide whether they wanted to have them to cross-examine them now or call them as witnesses on behalf of one or other of the defendants, and therefore that was a decision that the Defense Counsel would be able to call them on behalf of one of the defendants if they determined to do so.
Therefore they can be called for Keitel, unless, of course, they were called before. If the Defendant Göring wanted to call them then they would have to be examined on behalf of Keitel when they were called for Göring, because of the fundamental rule that a witness is only to be called once.
DR. NELTE: Very well. I wish to state that the Defense Counsel who are interested in the interrogation of Generals Halder and Warlimont are agreed that these generals should be called in the course of the presentation of evidence by the Defense.