SIR DAVID MAXWELL-FYFE: No, My Lord.
THE PRESIDENT: They have been deposited before us.
SIR DAVID MAXWELL-FYFE: I am sorry, My Lord; I had seen them. It is my mistake. Dr. Uiberreither right here comes into the picture once or twice. I had seen this application. And the only objection the Prosecution felt was to the somewhat leading form of the questions that were put, and perhaps my friends, Mr. Dodd and Colonel Baldwin, could have a word on that point with Dr. Kubuschok, or whoever represents Seyss-Inquart, before they are actually delivered.
THE PRESIDENT: Very well.
SIR DAVID MAXWELL-FYFE: The next one is an application in regard to the Defendant Sauckel. Dr. Kubuschok tells me there is another application on behalf of Seyss-Inquart which was not on the form in front of me. [Turning to Dr. Kubuschok.] Perhaps you would develop that?
DR. KUBUSCHOK: The Defendant Seyss-Inquart is requesting permission for an interrogatory to the witness Bohle. The examination of this witness has been refused by the Tribunal on the grounds that it would be cumulative evidence. The Defendant Seyss-Inquart requests again to have these matters of evidence clarified, this time only by way of an interrogatory. The witness is essential, particularly as the subject of his evidence cannot be established by means of other direct witnesses. The other witnesses who have been named in this connection can only state what they have been told by Bohle. Regarding the actual events, Bohle is the only man who can make statements based on his own knowledge.
THE PRESIDENT: Dr. Kubuschok, if other witnesses who have been granted are going to give what we call hearsay evidence, from what they heard from Bohle, why wasn’t Bohle asked for instead of one of these other witnesses?
DR. KUBUSCHOK: I do not know the intention of my colleague who is defending Seyss-Inquart. All I know is that he has asked supplementarily for indirect witnesses here, but I am told now that Bohle is considered as a direct witness, and this because it must be expected that the other witnesses, for whom this matter is not so important, may not remember some points.
THE PRESIDENT: Did you want to say anything about it, Sir David?
SIR DAVID MAXWELL-FYFE: The Tribunal will remember that I informed the Tribunal that all the questions to Bohle were the same as those to the witness Von der Wense, except two, which I think dealt with the requisitioning of lorries, and about which there could be little dispute. It seemed to the Prosecution therefore that here was clear proof that this witness was entirely cumulative. The interrogation is the same, word for word, as the interrogation of the witness, Von der Wense.