SIR DAVID MAXWELL-FYFE: You say you had a different view. Will you just look at a letter from Herr Terboven, who was in charge in Norway, Document 870-PS, and it is Page 85, 71 (a), RF-281. This is a report from Terboven for the information of the Führer and I want you to look at Paragraph 2, “Counter-measures”, Subparagraph 4. Do you see it? Have you got it, Defendant? I am sorry, I did give you the number; probably you did not hear it, 71 (a), Page 71 (a) of the document book. So sorry I did not make it clear. My Lord, I am told that this has been put in by the French Prosecution as Exhibit RF-281. I gave it a GB number, as I recall.
THE PRESIDENT: What number is it?
SIR DAVID MAXWELL-FYFE: RF-281.
[Turning to the defendant.] Do you find Section 2, Paragraph 4? That is:
“Now I have just received a teleprint from Field Marshal Keitel, asking for a regulation to be issued, making members of the personnel, and, if necessary their relatives, collectively responsible for cases of sabotage occurring in their establishments (joint responsibility of relatives). This demand serves a purpose and promises success only if I am actually allowed to perform executions by firing squads. If this is not possible, such a decree would have exactly the opposite effect.”
Opposite the word “if I am actually allowed to perform executions by firing squads” there is the pencil note from you, “Yes, that is best.” So that is a third example where I suggest that you, yourself, are approving and encouraging the shooting of next of kin for the act of some member of their family. What do you say to that, your own pencil mark?
KEITEL: I did make that marginal note. An order given in this matter was different. A reply was given which was different. I wrote that note.
SIR DAVID MAXWELL-FYFE: That is what I wanted to know. Why did you write this remark, “Yes, that is best,” approving of a firing squad for relatives of people who had committed some occupation offense in Norway? Why did you think it was best that there should be a firing squad for the relations? Why?
KEITEL: It was not done and no order to that effect was given. A different order was given.
SIR DAVID MAXWELL-FYFE: That is not what I am asking, and I shall give you one more chance of answering it. Why did you put your pencil on that document, “Yes, that is best”?