GÖRING: No. The Hermann Göring Division was a ground division and was part of the operational task force of an army and army group. Consequently, it could never have received orders for its tactical employment from me, from Berlin or from my headquarters, which were not on the scene. Therefore I could not have given it any orders as to whether and how it was to be employed in the partisan war. Only such orders are in question as referred exclusively to matters of personnel and equipment or which concerned the internal administration of justice with regard to officers; nor did the division submit to me daily reports but only . . .
SIR DAVID MAXWELL-FYFE: I did not catch that. I am sorry, My Lord, I should have spoken earlier. I gather that these questions are directed to the Hermann Göring Division. The defendant never dealt with that point when he was being examined in chief; and, therefore, I never dealt with it in cross-examination, because the point had not been raised. It is therefore my submission that it is quite inadmissible for the matter to be raised in re-examination.
THE PRESIDENT: You must remember, Sir David, that the practice in foreign countries is not the same as the practice in the United States and in England; and although it is perfectly true that Dr. Stahmer, according to the rules of England at any rate, would not be able to raise this point in re-examination, we are directed by the Charter not to deal technically with any question of evidence. It may be you would have to ask him some questions thereafter in cross-examination, although I hope that will not be necessary, in view of the evidence of the witness Kesselring.
SIR DAVID MAXWELL-FYFE: I considered that point, but I wanted only to make it clear that the Prosecution has not dealt with this point at all, because it had not been raised previously.
THE PRESIDENT: No; either in the examination or in the cross-examination.
SIR DAVID MAXWELL-FYFE: Or in the cross-examination.
THE PRESIDENT: Sir David, I had already noticed the point that the question had not been raised in the evidence of Hermann Göring.
DR. STAHMER: May I, in explanation, assert that I received the document only yesterday and consequently could not take any attitude earlier toward this question, which has been dealt with already by the Prosecution.
THE PRESIDENT: But, if my recollection is correct, the witness, Field Marshal Kesselring, raised this very point himself, and therefore the point was obvious and could have been raised in examination in chief, in which case it would have been dealt with by the Defendant Göring. It does not depend upon any particular document; it depends upon the evidence of the Field Marshal Kesselring, who said that he was bypassed—I think the word as it was translated was that he was bypassed between the Hermann Göring Division and the Defendant Göring, although the Hermann Göring Division was under his command. So it has nothing to do with any document.
DR. STAHMER: May the witness continue, Mr. President.