That must be done through such an intermediary; and to what extent he should state his case is something that he, as an expert, must be able to decide. Nobody participating in the proceedings, whether of the Tribunal or of the defendants’ counsel, can even approximately foresee what might be necessary in this connection.

That is why I believe that no dates should be fixed for the case for the Prosecution or the hearing of evidence or the case for the Defense. During the other stages of this Trial we have had to contend with the same difficulties. In limiting the proceedings as to time we can only be guided by what is relevant and expedient. Thus in this Court we have witnessed again and again how the President has steered the proceedings with skill and benevolence, always keeping them within the necessary limits. I cannot understand why the same procedure should not be applied to the final speeches, and I believe that the self-discipline which naturally every experienced counsel applies to himself, will keep the speeches within suitable limits. But I honestly believe that no one, with the exception of the immediate participant, and he probably only after all the evidence has been heard, can anticipate how much time will be required; and this, in my opinion, precludes the imposing of a time limit at this stage. If the statement made by the Tribunal should be considered as a suggestion to limit our speeches—and in this connection we are particularly grateful for the indication given as to the way the evidence should be handled—then by following the Tribunal’s suggestion we shall most certainly be able to impose upon ourselves a limitation which will do justice to all parties.

THE PRESIDENT: I don’t propose to go fully or at all into the argument which led the Tribunal to make the announcement which I made this morning, but I think it would be desirable for Counsel for the Defense, before they make any formal objection to that announcement, to study it. But I do desire to say on behalf of the Tribunal that that announcement was not made without consultation both with Counsel for the Prosecution and Counsel for the Defense and that was done in closed session; and we heard both Counsel for the Prosecution and counsel whom we understood to be representative counsel for the Defense, and they made the suggestion which they thought right to us at that time, and we fully considered it. We intimated to them that they should draw the attention of their brethren to what passed at that hearing in closed session. Therefore, it is entirely inaccurate to say, as Dr. Nelte did, that the announcement was made without hearing Counsel for the Defense.

I only desire to add to that that in the circumstances the Tribunal will give further consideration to the matter, but the suggestion made in the announcement was that the 14 days, which the Tribunal thought sufficient for the speeches for the defendants, should be apportioned voluntarily among counsel. Those 14 days are full days and will not be taken up at all by any argument on the organizations; and until the defendants’ counsel have attempted to make that apportionment, it must be obviously impossible for them to know whether they will be able to make their speeches, which are not speeches that are necessarily detailed examinations of the evidence but are arguments drawing the attention of the Tribunal to the main points which they desire to draw the attention of the Tribunal to. It will not be possible for them to know whether they can make their speeches satisfactorily within the 14 days. The Counsel for the Defense ought, therefore, to go into the matter together, as the Tribunal understood they were doing, and see whether they can satisfactorily present their speeches within that time. All the arguments which have been presented to us this morning were fully presented to us by Counsel for the Defense who appeared before us at the closed session, one of whom has addressed us this morning.

Now the Tribunal will go on with the hearing of the case.

[The witness Rainer resumed the stand.]

DR. STEINBAUER: Witness, in answer to the last question put by the American prosecutor yesterday you stated that you wrote your letter with a certain purpose, and I now ask you what that purpose was?

RAINER: Some time after the Anschluss there were hostile activities, intrigues against Dr. Seyss-Inquart and some other people. They came from dissatisfied radical elements in Austria and the Reich. They took advantage of Dr. Seyss-Inquart’s hesitant attitude on 11 March, his clinging to the revolutionary line and to the principles of the two agreements between the two States, to accuse him of being a separatist or even worse...

DR. STEINBAUER: Perhaps, Witness, you can be a little more brief.

RAINER: These people seemed to be dangerous, because Bürckel and, I believe, Heydrich too, were behind them. I considered these attacks to be unfair and therefore I brought out certain facts and arguments and worded my report in such a way that the addressees would understand it and be calmed down.