THE PRESIDENT: I see.
SIR DAVID MAXWELL-FYFE: In case the Tribunal had not dealt with it, we want to point out that there is one outstanding. We have no objection to either.
Then the Defendant Rosenberg requests Hitler’s decree to Rosenberg of June 1943. There is no objection on the part of the Prosecution. I am told that we can not trace any previous application but the position at the moment is that we haven’t any objection to it.
Then, My Lord, the next is Von Neurath, an application for a questionnaire for Professor Kossuth, long a resident of Prague. Really they ask for interrogatories. My Lord, there is no objection to interrogatories.
Then, My Lord, there is an application in reverse, if I may put it so, from Dr. Dix on behalf of the Defendant Schacht, the downgrading of Herr Huelse, who was drafted as a witness, to an affidavit. My Lord, we have no objection to that.
DR. DIX: This is the witness Huelse. He was granted to me as a witness. In order to shorten and simplify the proceedings, I have decided to forfeit the right to hear the witness because there was an affidavit. I have received the affidavit. While my application to dispense with the witness was pending, however, the witness arrived in Nuremberg. He is here now, and I think therefore, that it will be best for him to stay and for me to be allowed to examine him by confronting him with his own affidavit, asking him to confirm it, and then put some additional questions to him. I think that would be much more practical than having the witness here to no purpose, sending him back again and retaining only the affidavit. My purpose, in any case, was partly to avoid the complications connected with getting him here.
SIR DAVID MAXWELL-FYFE: Do you withdraw the application to have the affidavit...
THE PRESIDENT: Is the witness Huelse a prisoner or not, or an internee?
DR. DIX: He is a free witness. He is not in detention and he is free to move about Nuremberg.
THE PRESIDENT: Can he remain here until the Defendant Schacht’s case comes on?