THE PRESIDENT: He was a member of it?
DR. STAHMER: Yes. He was present at the unloading, and he ascertained from the condition of the corpses that the executions must have been carried out at some time before the occupation by the German Army.
THE PRESIDENT: But he does not actually say in the application that he was a member. He said he was present during the visit of the military commission; he knows how the resolution of the commission was produced.
DR. STAHMER: I do not think he was an appointed member, but he took part in this inspection and in the duties connected with it. As far as I know, he was a regimental doctor in some regiment near—he was a regimental doctor of a regimental staff in the vicinity.
THE PRESIDENT: Very well, we will consider your argument.
Then, is the counsel for Von Neurath agreeable that that matter should stand over? Is counsel for Von Neurath here? He is not here? Very well then, we will consider that.
Then, Counsel for the Defendant Schirach, do you wish to say anything in answer to what Sir David said?
DR. NELTE: My colleague Dr. Sauter asked me, if necessary, to represent the interests of the Defendant Von Schirach.
As to the statement of Sir David, I have only to say that, according to the opinion of the Defendant Von Schirach, the witness Von Vacano, who made and signed this affidavit, makes statements on a number of points on which Herr Von Schirach did not speak when he was examined as a witness. I therefore ask the Court to examine this affidavit to determine whether it does not contain individual points which would be important in connection with the charges against Von Schirach, and then to decide whether to admit it.
THE PRESIDENT: Then does counsel for the Defendants Hess and Frank want to say anything about the application for an interrogatory to General Donovan? Dr. Seidl, we have already heard the argument about it.