1 Dec. 45

HERR BÖHM: Yes, I have cross-examined him, but he has given me to understand that he made a report about an incident which occurred during one of his visits of inspection, and that he has some written notes. As I am not yet able to release the witness, I should like to move that the Prosecution allow to be placed at the disposal of the witness any available notes or reports on the observations made by him at the time, so that he may find the evidence he wants.

THE PRESIDENT: I think you must conclude your cross-examination now.

HERR BÖHM: Certainly.

THE PRESIDENT: The Court thinks it would be better if you want to make any further application with reference to this witness, that you should make it in writing later.


THE PRESIDENT: Then, as no other defendant's counsel wishes to cross-examine the witness, the Tribunal will now retire for the purpose of considering the question raised by Dr. Stahmer as to whether a defendant has the right to cross-examine as well as his own counsel.

[A recess was taken.]

THE PRESIDENT: The Tribunal has carefully considered the question raised by Dr. Stahmer, and it holds that defendants who are represented by counsel have not the right to cross-examine witnesses. They have the right to be called as witnesses themselves and to make a statement at the end of the Trial.

Do the Prosecutors wish to ask any questions of this witness in re-examination?

COLONEL JOHN HARLAN AMEN (Associate Trial Counsel for the United States): Just one question, your Lordship.

THE PRESIDENT: Let the witness come back here.

THE MARSHAL (Colonel Charles W. Mays): He was taken away.

THE PRESIDENT: Taken away?

THE MARSHAL: That's right. He was taken away by some captain who brought him here for the Trial. They have sent after him now.

THE PRESIDENT: Do you know how far he has been taken away?

THE MARSHAL: No, Sir, I do not. I will find out immediately.

THE PRESIDENT: Colonel Amen, are the questions that you wish to ask of sufficient importance for the Tribunal to wait for this witness or for him to be recalled on Monday?