Since, for tactical reasons inherent in the nature of the Trial, the witness will not be called, the subsequent transfer of his evidence into a government report means curtailing the right of the defendant to cross-examination, and is thus contrary to the corresponding article of the Charter.
DR. STAHMER: It was not until today that the accusation was made that Göring knew of or ordered the execution of these fliers. I could not take this act into consideration when I recently offered my evidence, because I did not know of it; and I must, therefore, reserve the right to call additional witnesses on this question.
MR. COUNSELLOR SMIRNOV: May I say a few words, Mr. President?
THE PRESIDENT: On the question of the admissibility?
MR. COUNSELLOR SMIRNOV: Yes, Mr. President.
THE PRESIDENT: Yes.
MR. COUNSELLOR SMIRNOV: I consider the arguments put forward by the second Defense Counsel as entirely incomprehensible from a legal point of view since he introduces certain numerical and quantitative criteria into the legal nature of the evidence. According to this Counsel, Article 21 of the Charter deals only with evidence of crimes committed on an enormous scale, but cannot touch crimes of a smaller caliber.
To me, viewing the matter from a legal point of view, this argumentation appears rotten from the root upwards and I consider that Article 21 of the Charter applies, in toto, to any crime committed by the Hitlerites, regardless of the fact if they be committed on a very large or on a slightly smaller scale. That is all I wish to say, Mr. President.
THE PRESIDENT: The Tribunal will adjourn.
[A recess was taken.]