Morning Session
THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): I have three announcements to make.
First, to avoid unnecessary translation, Defense Counsel shall indicate to the Prosecution the exact passages in all documents which they propose to use, in order that the Prosecution may have an opportunity to object to irrelevant passages. In the event of disagreement between the Prosecution and the Defense as to the relevancy of any particular passage, the Tribunal will decide what passages are sufficiently relevant to be translated. Only the cited passages need be translated, unless the Prosecution require translation of the entire document.
Second, the Tribunal has received an application from Dr. Nelte, counsel for the Defendant Keitel, inquiring whether a defendant, in order to support his memory, may make use of written notes while giving oral evidence. The Tribunal sanctions the use of written notes by a defendant in those circumstances, unless in special cases the Tribunal orders otherwise.
Third, cases have arisen where one defendant has been given leave to administer interrogatories to or obtain an affidavit from a witness who will be called to give oral evidence on behalf of another defendant. If the witness gives his oral evidence before the case is heard in which the interrogatory or affidavit is to be offered, counsel in the latter case must elicit the evidence by oral examination, instead of using the interrogatory or affidavit.
That is all.
I now call upon counsel for the Defendant Göring.
DR. OTTO NELTE (Counsel for Defendant Keitel): Mr. President, in yesterday’s afternoon session, you observed that application Number 2, which I had submitted as a supplement, had not yet been discussed orally. I was unfortunately not present at the afternoon session yesterday. It is a question of a subsequent, formal supplement to my applications regarding the witnesses Westhoff and Wielen. Both of these witnesses had already been granted me in the open Tribunal session. I submitted these names again only in order to complete my application.
As an addition I mentioned only State Secretary Stuckart, a witness who also has already been granted me previously by a decision of the Tribunal. I believe, therefore, that I do not need to discuss this supplementary application, and that the Prosecution have no objection to this action.
THE PRESIDENT: Yes, Dr. Nelte, General Westhoff and Wielen have already been granted to you, and there is no need for any further application.