Mr. President, Gentlemen: I had now the intention to call the witness Bohle who has already been approved by the Tribunal. The Defendant Hess, however, has asked me to forego the personal appearance of that witness and read an affidavit concerning the facts of evidence in reference to which the witness was to be heard.
I have prepared such an affidavit, and undoubtedly it would accelerate the proceedings if the Tribunal would permit the reading of this affidavit. If however, the Tribunal should have the opinion that...
SIR DAVID MAXWELL-FYFE: I have not had the opportunity of seeing the affidavit. As previously advised, if the witness covers the ground for which he was asked, I should want him for cross-examination.
THE PRESIDENT: Where is the witness?
DR. SEIDL: He is here. With the permission of the Tribunal I would like to call the witness Bohle now.
THE PRESIDENT: Do you mean to call him or to read his affidavit?
DR. SEIDL: Yes, indeed; since Sir David Maxwell-Fyfe apparently protests against the reading of the affidavit, I would like to call the witness.
SIR DAVID MAXWELL-FYFE: I have not seen the affidavit, of course, My Lord, so at the moment, as I say, if the affidavit covers the ground that the witness should speak upon, then I shall want to cross-examine him.
THE PRESIDENT: Unless the Prosecution are agreeable that the affidavit should be put in, the witness must be called, but if the Prosecution are agreeable to the affidavit being read and then the witness presented for cross-examination, the Tribunal is quite willing that it should be done.
SIR DAVID MAXWELL-FYFE: I do not mind that in the least, My Lord. Of course, I am in slight difficulty not knowing what is in the affidavit.