Saturday, 1 December 1945

Morning Session

THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): I will begin the session by reading the judgment of the Tribunal upon the application made by counsel for the Defendant Hess.

The Tribunal has given careful consideration to the motion of counsel for the defense of the Defendant Hess, and it had the advantage of hearing full argument upon it both from the Defense and the Prosecution. The Tribunal has also considered the very full medical reports, which have been made on the condition of the Defendant Hess, and has come to the conclusion that no grounds whatever exist for a further examination to be ordered.

After hearing the statement of the Defendant Hess in Court yesterday, and in view of all the evidence, the Tribunal is of the opinion that the Defendant Hess is capable of standing his trial at the present time, and the motion of the Counsel for the Defense is, therefore, denied, and the Trial will proceed.

Now the witness under examination should come back to the witness box.

[Erwin Lahousen resumed the stand.]

MR. G. D. ROBERTS (Leading Counsel for the United Kingdom): May it please the Tribunal, Sir David Maxwell-Fyfe yesterday said he had no questions to ask this witness. He has now requested me very shortly to cross-examine this witness on one incident mentioned in the Indictment, namely, the murder of 50 R.A.F... officers who escaped from Stalag Luft 3 in March of 1944.

THE PRESIDENT: You said to "cross-examine"?

MR. ROBERTS: I realize that this is a matter which falls in the part of the Indictment which is being dealt with by the prosecutors for the U.S.S.R. My Lord, I have mentioned that matter to General Rudenko, who with his usual courtesy and kindness, has said that he has no objection to my asking some questions on that matter.

THE PRESIDENT: Very well, Mr. Roberts. MR. ROBERTS: Much obliged. [Turning to the witness.] Might I ask you this? Do you know anything of the circumstances of the death of 50 R.A.F. officers in