DR. BERGOLD: It is my application of 26 May.
THE PRESIDENT: Let me see it. Have you got it there? Dr. Bergold, do you not have anything else at all in the way of documents or evidence that you can continue with without calling this witness Klöpfer?
DR. BERGOLD: My Lord, what I have is so small and meager that I myself do not know whether it is relevant until I have questioned the witness. Up to this point I have been dependent on pure supposition. I have not been able to receive or obtain any effective data. They are all legal constructions which can be made untenable by one word from the witness.
MR. THOMAS J. DODD (Executive Trial Counsel for the United States): Mr. President, I have an objection to any postponement for this case. As the Court has pointed out, counsel has had months and he had every co-operation from our office, both for his documents and for his seeking out of his witnesses; and if he would stop talking and go out and talk with his witness, who is here now, I think he might be prepared to go on with his case.
THE PRESIDENT: Dr. Bergold, the Tribunal will go on with the case against the Defendant Fritzsche now, and in the meantime, you will have an opportunity of seeing this witness Klöpfer; and if after seeing him you wish to make further application, you may do so; but the Tribunal hopes that, if you can ascertain what the nature of his evidence is, that you will be able to go on with it.
I now have your—I had it only in German before—but I now have in English your application for the witness Klöpfer, and a summary of it is that he was head of Section III in the Party Chancellery and he can deal with questions relating to the drafting and elaboration of laws and that he is to testify that the activity of Bormann in the proclamation of laws and ordinances was an entirely subordinate one. That is the only reason why you allege that you want to call him in your application.
DR. BERGOLD: That is my supposition. There is the possibility that the witness, of course, really knows much more, for he was one of the chief collaborators. I drew up my applications very carefully, because as a lawyer I did not want to submit a fantasy to the Court.
THE PRESIDENT: Well, I have said what you can do with reference to Klöpfer, and are you still asking to call a witness called Falkenhorst?
DR. BERGOLD: I can only decide on that after I have talked with the witness Klöpfer. In all probability I shall forego the calling of this witness Falkenhorst.
THE PRESIDENT: Well, you heard what I said, Dr. Bergold. You can now see Dr. Klöpfer.