Colonel Pokrovsky, the Tribunal would like to know whether you have arrived at any agreement with Dr. Stahmer on behalf of the Defendant Göring with reference to affidavit evidence or witnesses, with reference to the Katyn matter.
COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for the U.S.S.R.): My Lord, we have had three conferences with the Defense Counsel. After the second meeting I told the Tribunal that, in order to shorten the proceedings, the Soviet Prosecution was willing to read into the record only a part of the evidence submitted. About 15 minutes ago I had a meeting with Dr. Exner and Dr. Stahmer, and they told me that their understanding of the Tribunal’s ruling was that the old decision for the summoning of two witnesses was still in force and that only additional documents were now under discussion.
In view of this interpretation of the Tribunal’s ruling, I do not think that we shall be able to come to an agreement with the Defense. As I see it, the decision in this matter must now rest in the hands of the Tribunal.
THE PRESIDENT: The Tribunal orders that, unless an agreement is arrived at, the evidence shall not be given entirely by affidavits and that the three witnesses on either side shall be called first thing on Monday morning at 10 o’clock, unless you can arrive at an agreement before that, that the evidence is to be offered in affidavits.
DR. SIEMERS: Mr. President, may I say something on this subject?
A number of counsel who are interested in the Katyn case had a conference this morning; among them were Professor Exner and Dr. Stahmer. We agreed to ask the Tribunal to allow two witnesses to be examined here in person by the Defense. These witnesses would be Colonel Ahrens and First Lieutenant Von Eichborn. We also agreed to dispense with the hearing of the third witness but decided to request that an affidavit of this witness, and in addition two other affidavits, be submitted. I believe this to be a suggestion which both satisfies us and saves the most time: Two witnesses would be heard and three affidavits submitted.
THE PRESIDENT: Dr. Siemers, the Tribunal sees no objection to there being two witnesses called and one affidavit. But their order was that three witnesses on either side—that the evidence should be limited to three witnesses on either side; and they, therefore, are not prepared to allow further affidavits to be given. The evidence must be confined to the evidence of three persons on either side. They may give their evidence either by oral evidence or by affidavit.
DR. SIEMERS: Mr. President, as far as I was informed, the original decision stated that three witnesses were allowed but did not mention affidavits. That was the reason why Dr. Stahmer and Professor Exner assumed that, regardless of the witnesses, certain individual points could be proved by means of affidavits. I think that the hearing of two witnesses and three affidavits would be quicker than the examination of three witnesses.
THE PRESIDENT: I am afraid Dr. Stahmer and Dr. Exner drew a wrong inference from the order of the Tribunal. The Tribunal intended and intends that the evidence should be limited to the evidence of three witnesses on either side, and whether they give their evidence orally or by affidavit does not matter. We left it to the Soviet Prosecution and to defendant’s counsel to see whether they could agree that it should be given by affidavit in order to save time. But that was not intended to extend the number of witnesses who might give evidence.
DR. SIEMERS: Mr. President, in that case, I should be grateful if Dr. Stahmer and Professor Exner would be heard. I myself have not been in Nuremberg recently; I was therefore not present when these details were discussed and it is difficult for me—I see that Dr. Stahmer is now—perhaps Dr. Stahmer himself could speak about it.