SIR DAVID MAXWELL-FYFE: There were nine others who were taken to a hospital and three, according to your telegram got “special treatment” and nine others were taken to hospitals. I was going to ask you about those taken to hospitals. What did you do with people who came under the Commando Order who were taken to hospitals?
KESSELRING: As I have already stated before, they were treated according to the principles of the Hague Convention as generally practiced.
SIR DAVID MAXWELL-FYFE: Well, I am not going to argue with you whether the Commando Order was in accordance with the Hague Convention. We know what the Commando Order was, that people taking in Commandos were to be shot. What I am asking you is, supposing some Commandos had the misfortune to be wounded, what happened to them?
KESSELRING: According to the text of this order they would have to be shot. I stated before that this order in this case—I assume with the collaboration of General Jodl—was carried out in the normal fashion.
SIR DAVID MAXWELL-FYFE: There is heard evidence in this Court that in Vilna it was the practice of the SS to kill offhand newborn Jewish babies in hospitals. Can you give me your assurance that Commando troops who were wounded and taken to hospitals were not killed offhand.
KESSELRING: I assure you that I was not informed of any execution of this sort and would also not have tolerated it.
SIR DAVID MAXWELL-FYFE: That is all.
THE PRESIDENT: Does the Prosecution wish any further cross-examination? Then, Dr. Stahmer, do you wish to re-examine?
DR. STAHMER: The British Prosecution has just submitted new facts which were not known until now, especially about the shooting of hostages, which was carried out in Italy by the Hermann Göring Division in connection with the combating of partisans and for which the Defendant Göring apparently is to be made responsible. In this connection new documents were submitted. At the moment I am not in the position to answer these facts and these serious charges, and to put pertinent questions to the witness.
After a careful examination of the material, I shall submit the appropriate motions and I ask for the opportunity to make a statement as to whether I need further witnesses and have to recall the witness Kesselring.