DR. KUBUSCHOK: It was certainly not expressed clearly in the original applications that the other witnesses only know what they have heard from Bohle. In fact, we are here concerned with evidence on instructions given by Bohle personally, on which he is of course the best witness. If necessary we would agree that the subject of that evidence be eliminated as far as the other witnesses are concerned.
THE PRESIDENT: Unless the matter can be agreed upon, the Tribunal can scarcely decide on it without seeing the interrogatory to Bohle and the interrogatories to these other witnesses. Would it meet the case if we were to grant this interrogatory on the condition that, if it appeared subsequently that other interrogatories when considered with this one were cumulative, they might be disregarded?
SIR DAVID MAXWELL-FYFE: Certainly, as far as I am concerned.
THE PRESIDENT: Very well.
SIR DAVID MAXWELL-FYFE: The next is the Defendant Sauckel, and Dr. Servatius and Mr. Roberts of my staff have been considering this carefully together. Dr. Servatius is not here. Perhaps Mr. Roberts can tell the Tribunal how far they got.
MR. ROBERTS: Dr. Servatius submitted a list of about 90 documents, a formidable number; but most of them are short extracts from various decrees and orders relating to the employment of labor, and it is difficult to find any reason for objecting to them. Dr. Servatius at my suggestion agreed to take from his list about 10 or 15 as cumulative. There are about four documents relating to alleged ill-treatment of workers at the hands of the enemies of Germany, to which I have objected on the ground that they are not relevant, and as to those documents a decision of the Tribunal will be necessary as a question of principle.
My Lord, as Dr. Servatius could not, as I understand, be here today, perhaps we could discuss the matter with the General Secretary on his return at the beginning of next week, so that the matter then could be put in a convenient and more or less agreed on form to the Tribunal.
THE PRESIDENT: Yes.
Then you haven’t been able to come to any agreement about the witnesses, have you?
MR. ROBERTS: My Lord, I thought the position as to the witnesses was this: That Sir David some weeks ago discussed it before the Tribunal and Dr. Servatius discussed it, and Sir David conceded the calling of six witnesses and affidavits from a number of others. That was considered by Dr. Servatius, and he submitted his final and much-reduced list of 11 witnesses, which I handed to an official of the Tribunal, and which I understood has been before the Tribunal.