THE PRESIDENT: 850, was it? Yes, and then that copy of the Puhl affidavit was USA-851?
MR. DODD: Yes, Sir, that is right. I did not offer the other affidavit because we discovered it wasn’t sworn to as yet. I propose to do so and with your permission I delay the date. I have that witness here. This thing can’t go on interminably, and I don’t want to drag it on; but I would like to offer it as an affidavit when I can have him swear to it, and if there is going to be any demand for him I might respectfully suggest that Dr. Sauter states it now. He is not a prisoner, Mr. President, the witness Thoms. He is a free man in this country.
THE PRESIDENT: You are suggesting that he should be called now?
MR. DODD: If he is going to be called, I would suggest that it be done soon.
THE PRESIDENT: If he wants to cross-examine him he should be called now.
MR. DODD: I should be glad to have him now.
DR. SEIDL: Mr. President, I am representing Attorney Dr. Kauffmann for the Defendant Göring. The Defendant Göring asked me to put two questions to the witness Puhl during his re-examination. The questions would probably be connected with the document which the Prosecution brought up in cross-examination of the witness Puhl, Document 3947-PS, of which the Prosecution read Page 2, Paragraph 3, beginning, “The Reich Marshal of the Greater German Reich, Delegate for the Four Year Plan...”
THE PRESIDENT: One moment, Dr. Seidl. If you want to put questions to the witness Puhl on behalf of the Defendant Göring you can do so and Puhl will be recalled for that purpose.
DR. SEIDL: Mr. President, the difficulty consists of something else. The Defendant Göring says, and I think rightly, that he can put his questions to the witness with reason only if he has an opportunity of seeing the document to which the Prosecution referred. Therefore, during the cross-examination I wanted to have the guard pass on Document 3947-PS to Defendant Göring. That was refused, however, on the grounds that, by an order of the Commandant of the Prison, during the proceedings documents can no longer be handed to those defendants whose cases have already been concluded.
THE PRESIDENT: Although the document was read over the earphones the Defendant Göring and yourself shall certainly see the document, but the witness must be called during this sitting. You may see the document and the Defendant Göring may see the document, but the witness must be recalled for any questions at once.