DR. VON LÜDINGHAUSEN: I agree to an interrogatory in this case.
SIR DAVID MAXWELL-FYFE: Then with regard to the next witness, Dr. Stroelin—if the Tribunal would consider that along with Number 12, Dr. Wurm—I understand that the Tribunal granted Number 12 on the 19th of December as an alternative to Stroelin, giving the choice between the witness Stroelin and the witness Wurm. Dr. Stroelin is Oberbürgermeister of Stuttgart. I do not know if Dr. Seidl can tell the Tribunal if it is the same Dr. Stroelin he desires in the case of Hess.
DR. VON LÜDINGHAUSEN: Yes.
SIR DAVID MAXWELL-FYFE: Dr. Von Lüdinghausen tells me that he is, so the Tribunal might note that point—that that witness will also be asked for by Dr. Seidl in the case of Hess—and therefore I should suggest that we might leave that undecided for the moment. If the Tribunal grant it in the case of Hess, of course, Dr. Von Lüdinghausen will automatically have the advantage of this witness; and if he is not granted—and I do not know whether Dr. Von Lüdinghausen feels strongly about his personal presence—I am not the Court—I do not feel very strongly on the point myself. Do you want to be heard?
DR. VON LÜDINGHAUSEN: I quite agree that I should make this decision at that time when the question is settled as to whether the witness is granted to another defendant or not. I should like to make the following remark. . .
THE PRESIDENT: One moment. Which witness?
SIR DAVID MAXWELL-FYFE: Number 10, Dr. Stroelin.
THE PRESIDENT: If Dr. Stroelin were granted would you require Dr. Wurm at all, Number 12?
DR. VON LÜDINGHAUSEN: Mr. President, I do not insist on Dr. Wurm’s being heard in person at Nuremberg. Bishop Wurm has already told me that he would give me the information requested in the form of an affidavit. I should ask for permission to submit this affidavit to the Tribunal. I do not insist on his being heard in person.
SIR DAVID MAXWELL-FYFE: It is merely cumulative, Number 10, but if it is felt that an affidavit would help—it will be along the same lines—I shall not press an objection.