14 Dec. 45

Afternoon Session

THE PRESIDENT: The motion that was made this morning on behalf of the Defendant Kaltenbrunner is denied, and the affidavit is admitted and will not be stricken from the record. But the Tribunal wished me to say that it is open to the Defendants' Counsel, in accordance with the Charter and the Rules, to make a motion, in writing, if they wish to do so, for the attendance of Pfaffenberger for cross-examination and to state in that motion the reasons therefor.

DR. KAUFFMANN: May I now bring up a question similar, though in some respects different, from that of Pfaffenberger? I request that the evidence of Dr. Hoettl, which was read into the record this morning be stricken out again for the following two reasons. As far as I know, Dr. Hoettl is here in Nuremberg . . .

THE PRESIDENT: One minute. Do you understand that the Tribunal has just denied the motion that you made this morning?

DR. KAUFFMANN: Yes, I understood that perfectly.

THE PRESIDENT: What is your motion now?

DR. KAUFFMANN: I should like to ask that the evidence of Dr. Hoettl be stricken from the record. My reasons for this request are rather different from those given this morning in the Pfaffenberger case.

As can be seen from the affidavit, Dr. Hoettl was interrogated on the 26th of November hardly 3 weeks ago. Moreover I gather that Dr. Hoettl is kept in custody here in Nuremberg. No delay would therefore be involved if this witness were called to the stand.

This man held a significant position in the SS and for that reason I have already applied in writing that he be called as a witness. I am convinced that there is a large amount of important evidence which he can reveal to the Court. Dr. Hoettl's deposition is infinitely important. The death of millions of people is involved here. His affidavit is based largely on inferences, on hearsay; I believe that the facts are very different, and I would not like to apply later, after weeks or months, for the witness to be brought into Court.

MAJOR WALSH: If the Court please, excerpts from the affidavit of Dr. Wilhelm Hoettl were read into the record this morning for the purpose . . .

THE PRESIDENT: Wait — what was the number?

MAJOR WALSH: Document 2738-PS.

THE PRESIDENT: Yes, go on.

MAJOR WALSH: Dr. Hoettl's affidavit 2738 was in part read into the record this morning for the sole purpose of showing the