SIR DAVID MAXWELL-FYFE: Yes; Dr. Marx is here.
DR. HANNS MARX (Counsel for Defendant Streicher): Your Honors, Mr. President, on behalf of the Defendant Streicher I have applied for the calling of Fritz Herrwerth as a witness before the Tribunal. This witness is a man who has been in the immediate vicinity of the Defendant Streicher for years and who, because of that, is in a position to offer information on all political events that can in many ways have a bearing on the decision and judgment in the case of Streicher. In particular, I have applied for this witness because he was present on that night of 9 to 10 November when the Defendant Streicher had a conference with the SA leader Von Obernitz, at which Von Obernitz informed Streicher that he, Obernitz, had received the order to carry out demonstrations against the Jewish population during that night. Streicher will establish that he then told Herr Von Obernitz that he, Streicher, kept himself aloof in this affair, that he considered these demonstrations a mistake, and disapproved of them. Obernitz thereupon stated that he had received the order from Berlin and had to carry it out. It can . . .
THE PRESIDENT: Sir David, do you object to this alteration of our previous order?
SIR DAVID MAXWELL-FYFE: My Lord, we have not seen any change in the situation as the Tribunal decided it, but we do not want to press against this witness being called orally, except that we must point out that there is not any change. All these matters were gone into by the Tribunal. If the Tribunal feels that it would be better that the witness should be called orally, then the Prosecution will not take any objection.
THE PRESIDENT: Have these interrogatories been drawn up?
DR. MARX: No, they have not yet been completed. I beg your pardon, Mr. President; is this question put with reference to the witness Herrwerth?
THE PRESIDENT: Yes.
DR. MARX: Yes, the questions to the witness have been completed; the questions which the Defendant wishes . . .
THE PRESIDENT: Dr. Marx, we will reconsider that. You have got something else, haven’t you, Dr. Marx? You want some document; you have got a document you are asking for, have you not, or don’t you ask for that?
DR. MARX: May I speak, Mr. President? Actually, I should like to ask that both the documents referred to be placed at my disposal. That is, the matter of the suit against Karl Holz in the year 1931, and the files of the disciplinary proceedings against Julius Streicher, concerning which I am unfortunately not able to give the year. It might be 1931.