14 Dec. 45

Chief Prosecutor has said, and we do not feel we can usefully add anything.

THE PRESIDENT: [To M. Faure of the French Delegation.] Do you wish to add anything?

M. EDGAR FAURE (Deputy Chief Prosecutor for the French Republic): Mr. President, I wish simply to inform the Court that the French Prosecution is entirely in accord with the remarks of the American and Soviet Prosecutors.

I think, as the representative of the American Prosecution said, it is impossible to settle the question of evidence in this Trial solely by hearing oral testimony in the courtroom, for under those circumstances it might be opportune to call to the witness stand all the inhabitants of the territories involved, which is obviously impossible. The Defense will have every opportunity of discussing the documents which have been presented by the Prosecution, including the written testimony.

THE PRESIDENT: I do not think that Counsel for Kaltenbrunner was suggesting that every witness must be called but that witnesses who were in Germany and available should be called and that their evidence should not be given by affidavit.

M. FAURE: The Defense has the right of calling them as witnesses if it so desires.

DR. KAUFFMANN: May I add a few more words to this important question? The replies which have just been given illustrate that one of the main principles of the proceedings is that the Trial should proceed speedily. That is also expressed in Article 19 of the Charter, and no one can hope more than we that this principle be followed; but it is nevertheless my opinion that another principle, the highest known to mankind, the principle of truth, should not thereby suffer. If there is a fear that truth will suffer through an over-hasty trial, then formal methods of procedure must take a secondary place. There are human principles which remain unspoken, which need not be spoken.

This spirit of truth is certainly contained in and governs Article 19; and the objections I raised to the testimony of this witness seem to me justified to such a degree that the important principle of speeding up the Trial should give way to the principle of truth. Humanity itself is in question here. We want to establish the truth for our own generation and for that of our children. But if such testimony remains untold for months, then a part of mankind might well despair of all humanity and the German people, in particular, would suffer.

DR, FRIEDRICH BERGOLD (Counsel for the Defendant Bormann): May it please the Tribunal, I should like to bring up one other point, which appears to me important, because it was