[The Tribunal adjourned until 16 March 1946 at 1000 hours.]
EIGHTY-THIRD DAY
Saturday, 16 March 1946
Morning Session
DR. STAHMER: Mr. President, I have purposely deferred one single question and not yet dealt with it, that is, Göring’s efforts to maintain peace in the months of July and August 1939, before the outbreak of the war. I have deferred the question for the following reasons: Originally, I had intended to call Göring to the witness stand only after the interrogation of the witness Dahlerus. But because Dahlerus had not yet arrived, and I wanted to avoid an interruption of the proceedings, I called Göring first.
I now ask for a decision as to whether I may call Göring back to the witness stand after the examination of the witness Dahlerus, who in the meantime has arrived—I consider it expedient in the interest of saving time, because in my opinion quite a number of questions would thereby become unnecessary−or, whether I may question him again on this point after the cross-examination. If that is not possible, I shall deal with this matter immediately. It seems to me advisable, however, to put this question after the examination of Dahlerus.
SIR DAVID MAXWELL-FYFE: Your Honor, I can help on this point. If the Tribunal could consider this application without its establishing a precedent for other cases, I should have no objection, because in the case of Dahlerus we are to understand that some one will have to go into the matter in detail as to the events that happened within the last fortnight. It might well mean a saving of time if that detail were gone into only once, and it would be rather difficult for Dr. Stahmer to examine the witness Dahlerus without going into the details. While I feel strongly with the Tribunal that a defendant should not be recalled except in the most exceptional circumstances, I think in this case it might conceivably bring about a shortening of time.
THE PRESIDENT: Do you mean that if the witness Dahlerus were called, it might obviate the necessity of calling the Defendant Göring in reference to those events?
SIR DAVID MAXWELL-FYFE: It might obviate that necessity, and it would in any case mean, I should think, that the Defendant Göring would have to answer only very few questions; but if it were opened up now, it would be difficult to avoid both witnesses covering the same ground.
THE PRESIDENT: The Tribunal is only concerned with the saving of time, and as the Tribunal is informed by the defendant’s counsel, Dr. Stahmer, that it may save time, the Tribunal is prepared to adopt that course, and to allow the witness Dahlerus to be called before these questions are put to the Defendant Göring; but it must not be taken as a precedent for the recalling of any other witnesses.