SIR DAVID MAXWELL-FYFE: The next is an application by the Defendant Von Ribbentrop. He requests Herr Hilger as a witness. The grounds of the application are that Dr. Horn and the Defendant Ribbentrop found that the witness Gaus, for whom he had asked, was not able to give as much assistance as had been expected, and that they desired this witness Hilger in addition. The view of the Prosecution is that the defendant should have either Hilger or Gaus as a witness and an interrogatory to the other one, and we have no objection to the witness Hilger being brought to Nuremberg for consultation.
DR. SIEMERS: I am deputizing at the moment for Dr. Horn, defense counsel for the Defendant Ribbentrop. Actually, I had wanted to ask Sir David to postpone this matter a little, as I have had Dr. Horn asked to come here himself. We, the Defense Counsel, were not informed which applications would be dealt with today. Hence Dr. Horn is not present at the moment. But I think that, if the Tribunal agree, the matter can perhaps be dealt with now, as far as I know, but I have to speak with Dr. Horn first, at any rate. I am speaking without prejudice.
THE PRESIDENT: I do not know what you mean about not being informed about these applications. I made the statement yesterday that supplementary applications for witnesses and documents would be taken this morning. I do not understand your saying you did not know what would be done. The Tribunal has no objection to it being taken later when Dr. Horn is here, if he comes in time.
DR. SIEMERS: Yes, and may I suggest that if Dr. Horn does not return in time, I am ready to settle the matter for him; by then I will be in a position to do so.
THE PRESIDENT: Very well.
DR. MARX: Pardon, Mr. President; may I make one more very brief statement? Streicher just informs me that I should state that he will forego the witness Lothar Streicher. If, therefore, the calling of this witness was considered, then I state that the Defense will withdraw application for him.
THE PRESIDENT: Hasn’t that been allowed—Lothar Streicher?
SIR DAVID MAXWELL-FYFE: He was the witness who was not to be allowed on condition that the Prosecution applied to strike out this passage, and we agreed to that.
THE PRESIDENT: Yes.
SIR DAVID MAXWELL-FYFE: The next is an application for the Defendant Von Papen.