DR. DIX: I hope so. He has told me that he can stay and that he is willing to do so.
SIR DAVID MAXWELL-FYFE: My Lord, we have no objection. The Tribunal has already granted him as a witness. If Dr. Dix wants him as a witness, of course we have no objection to it.
The next one is an application on behalf of the Defendant Streicher, for an affidavit from a Dr. Herold. To put it quite shortly, the Prosecution suggest that it should be interrogatories rather than an affidavit and on that basis we would make no objection.
My Lord, there is only one thing I have to say. I had a most useful discussion with Dr. Dix last night, following out the Tribunal’s suggestion of going through the documents. Dr. Dix was most helpful in explaining the purpose of his documents and what they were. I do suggest that if any of the Defense Counsel when they are explaining the documents would also care to explain the purport of their witnesses—I do not want to embarrass them in any way—but if they would voluntarily explain the purport of witnesses, either to Mr. Dodd or myself, we might be able to save them a great deal of time, by indicating whether the evidence of that witness would be agreed to or might be the subject of objection.
I only throw it out now, as we are going to meet over the documents, and if they would extend it to witnesses, I am sure we could achieve a most profitable co-operation.
THE PRESIDENT: You are suggesting, Sir David, are you, that they should explain to you the nature of the evidence which the witness was going to give?
SIR DAVID MAXWELL-FYFE: Yes.
THE PRESIDENT: And if the Prosecution were not going to dispute it, that it might be incorporated in an affidavit?
SIR DAVID MAXWELL-FYFE: Yes, that we could probably dispense with the witness, and probably incorporate that in an affidavit. Of course, I have been told the general purport of the witness, because I attended on the application, but if they could elaborate on it a little more as it often happens when they see the witness and let me know what the scope of the witness’ testimony would be, I could probably concede, either in whole or in part, and save them a lot of work and the Tribunal a lot of time.
THE PRESIDENT: Well, I think the Tribunal would like to know whether the defendants’ counsel think that is a possible course, whether it might lead to some shortening of the defense. Could Dr. Dix possibly tell us whether he thinks it would be possible?