SIR DAVID MAXWELL-FYFE: If Your Lordship pleases, it seemed to the Prosecution that the second matter which Herr Gassner was desired to speak about, that the Defendant Frank learned from him only in 1944 about Maidanek, is really a matter about which no witness can be as satisfactory as the defendant himself. All the witness can say is, “I told the Defendant Frank about Maidanek, and it appeared to me that he did not know anything about it.” Well, that is not, in the view of the Prosecution, satisfactory evidence.
The Court will be able to judge from the Defendant Frank himself when he has been cross-examined on that point. If it is desired that that interview should be before the Court, the Prosecution submit that it could be adequately dealt with by an affidavit or an interrogatory. Apart from that, the grounds are entirely general and again could be covered by a written statement.
THE PRESIDENT: Well, then, the next one Sir David has already expressed his views on.
DR. SEIDL: Yes, Mr. President.
The next witness is Helene Kraffczyk, the defendant’s last secretary. If I understand correctly, there are no objections on the part of the Prosecution.
Witness Number 8 is General Von Epp, the last Reich Governor of Bavaria. He is at present in the internment camp at Oberursel. The statements to be made by this witness will be mainly concerned with the attitude of the Defendant Frank towards the concentration camps in 1933. As the witness is at present in the neighborhood of Frankfurt, I should be satisfied in this case with an interrogatory.
THE PRESIDENT: Yes, Sir David?
SIR DAVID MAXWELL-FYFE: Your Lordship will see that General Ritter von Epp seems to cover the same incident as Dr. Stepp. I said that I would not object to Dr. Stepp, but if Dr. Seidl wishes an interrogatory on some specific points from General Ritter von Epp, I should not make any objections.
DR. SEIDL: The next witness, Number 9, is Dr. Rudolf Bilfinger, late Oberregierungsrat and SS Obersturmbannführer in the Reich Security Main Office. This witness is already here in Nuremberg. The Prosecution apparently has no objection to the hearing of this witness.
The next witness, Number 10. . .