THE PRESIDENT: No, Sir David was prepared to have Lauterbacher called as a witness.
DR. SAUTER: Lauterbacher is to be called as a witness and Schmidt is to receive an interrogatory?
THE PRESIDENT: He said that Schmidt and Schlünder were cumulative. Then you said they did not relate to the same period, as I understood you, and that might raise a difficulty. So I pointed out to you that Number 7 related to the whole period, that is to say from 1933, beyond the period dealt with by Lauterbacher, and goes to 1945, and therefore, if he were called, that would cover the whole period, and if you called Lauterbacher and Schlünder and left out Schmidt. . .
DR. SAUTER: You mean that an interrogatory is to be obtained from Schmidt? I am agreeable to that.
THE PRESIDENT: The statements which you make with reference to Schmidt and to Schlünder are practically identical.
DR. SAUTER: Yes, only they refer to different periods, as each of them was in the Army. If one of them comes, he cannot say anything, of course, about the time during which he served in the Army. He cannot give any information as to whether, during his military service, agents were used.
THE PRESIDENT: I do not know about that. You have stated that they were collaborators with the defendant from 1938 to 1945 in the one case, and from 1933 to 1945 in the other case, and therefore, if that is correct, they cannot have been in the Army; they cannot have taken an active part in the Army.
SIR DAVID MAXWELL-FYFE: I should be quite prepared to agree to the suggestion that Your Lordship put forward; that would then cover the whole period. If both Lauterbacher and Schlünder were called, it would dispense with the necessity for Schmidt.
DR. SAUTER: May I point out, Mr. President, that in any case I need Schlünder, who, by the way, was arrested a few weeks ago, because he was a specialist for physical training with the Reich Youth Leadership, and because, therefore, I want to prove, especially through Dr. Schlünder, that the education of the youth, as administered by the Defendant Von Schirach, was absolutely neither extraordinary nor militaristic. The Defendant Von Schirach has thus far, during the entire procedure in his interrogations. . .
THE PRESIDENT: I think, really, there is a substantial agreement between you and Sir David that Number 1 and Number 3 certainly should be called and that Number 7 might be called; but I do not know whether Sir David agrees that an affidavit or an interrogatory might be given by Number 6.