DR. STAHMER: I have just heard Dr. Siemers’ report, at least a part of it. I mentioned already during the last discussion, Mr. President, that Professor Exner and I had understood the decision to mean that besides the three witnesses we were also allowed to submit affidavits. Indeed, the original decision granted us five witnesses, though it made the reservation that only three of them could give evidence here in Court. We assumed, therefore, that we could submit affidavits of those witnesses out of the five who had been originally granted us but who would not give evidence in Court. The original decision granted us five witnesses, and then a later decision of the Tribunal...
THE PRESIDENT: Listen, that is not the recollection of the Tribunal; and if you say so, you must produce written evidence that that was the decision. The Tribunal’s recollection is not that five witnesses were allowed.
DR. STAHMER: Yes, yes, yes. I shall submit written evidence of these decisions to the Tribunal. I cannot remember offhand when they were made, but originally five witnesses were granted; then I named another witness, who was also granted, and it was only afterwards that the decision to allow only three witnesses to give evidence in Court was announced.
THE PRESIDENT: Dr. Stahmer, when the order was made limiting it to three out of five, there was no reference in that order to affidavits, as far as I know.
DR. STAHMER: No, affidavits were not mentioned then.
THE PRESIDENT: What I am telling you is that the Tribunal in making that order of limitation intended to limit the whole of the evidence to three witnesses on either side, because the matter is only a subsidiary allegation of fact; and the Tribunal thinks that at this stage of the proceedings such an allegation of fact ought not to be investigated by a great number of witnesses, and three witnesses are quite sufficient on either side.
Therefore the Tribunal does not desire to hear and did not intend that it should have to hear any evidence except the evidence of three witnesses, either orally or by affidavit.
The Tribunal will now adjourn.