FLOTTENRICHTER KRANZBÜHLER: I have no further questions.
DR. SIEMERS: Admiral, you have explained the basis of the Commando Order, as far as the Naval Operations Staff is concerned, by referring to Hitler’s definite assertions that he had in his possession enemy orders saying that prisoners were to be killed. In connection with this Commando Order Colonel Phillimore dealt with the case of the British sailor Evans in great detail. In my opinion that case has not so far been clarified. Colonel Phillimore spoke of the murder of a soldier. I think that in spite of the soundness of the documents the Prosecution is mistaken about the facts, also in a legal respect. Will you once more look at both documents, Document D-864...
Mr. President, that is Exhibit GB-457, discussed by Colonel Phillimore this morning.
This is an affidavit by Gerhard Flesch. The Prosecution quoted the sentence which states that the Commanding Admiral of the Northern Coast of Norway had interrogated Evans personally. Admiral Wagner, does that sentence show that Evans was a prisoner of the Navy?
WAGNER: No.
DR. SIEMERS: What was the situation according to the Flesch affidavit? Will you please clarify it?
WAGNER: According to the second paragraph of that affidavit, Evans must have been in the hands of the SD.
DR. SIEMERS: That is right.
And, Mr. President, may I add that at the beginning of the affidavit Flesch states that he was the commander of the Security Police. The Security Police had captured Evans; he was therefore a prisoner of the SD.
[Turning to the witness.] Is it correct, therefore, that the British sailor Evans was available to the German admiral in Norway for the sole purpose of being interrogated?