THE PRESIDENT: That is right.
DR. STAHMER: Then with reference to the affidavit nothing was said, as far as I can remember, in that particular decision, so that I had assumed that I would be free to ask for admission of affidavits insofar as the Tribunal considers them necessary.
THE PRESIDENT: Dr. Stahmer, after the Tribunal had made that order about limiting the number of witnesses to three, did you not receive a communication, to which you have replied, I think, suggesting that possibly you might be able to dispense with actual oral witnesses and do that whole part of the case by affidavits?
DR. STAHMER: Yes, Mr. President, I received that communication; and I have already negotiated about the matter with the Russian Prosecution. We did not quite reach an agreement, however; and therefore I made a written application to the Tribunal a few days ago.
THE PRESIDENT: Yes, but was not the agreement which you were trying to arrive at an agreement that only three affidavits should be produced on either side? Or was it more than three?
DR. STAHMER: No. The question which remains and which we have not agreed upon is whether I will be given the opportunity to read a few of the affidavits here.
THE PRESIDENT: I see. Dr. Stahmer, I think the position is, then, that unless you are able to arrive at an agreement with the Soviet Prosecution, we shall have to abide by our previous order.
DR. STAHMER: Very well.
THE PRESIDENT: You will make further efforts to achieve an agreement with the Soviet Prosecution and let the Tribunal know.
DR. STAHMER: I will.