SIR DAVID MAXWELL-FYFE: I am afraid I cannot. My colleagues and I have considered this matter very carefully and I have put our general position as to pre-treaty negotiations, especially as to treaties of long standing. With the greatest desire to be reasonable, to help Dr. Horn, I am very sorry I cannot, at this point, accede to his request.
GEN. RUDENKO: I would like to complete what my colleague, Sir David, has stated by the following:
Dr. Horn has requested us to justify the arguments of the Prosecution. I believe that there is one fundamental divergence in this matter between the Prosecution and the Defense. The Defense, in calling witnesses, give evidence and try to prove the defendants’ endeavors to conclude peace-promoting agreements. We proceed from another fact, namely, the treacherous violation of concluded agreements and the commission of crimes contravening these agreements. And it seems to be quite superfluous to call witnesses to prove that the defendants strove, in view of these considerations, to sign peaceful agreements. The violation and treachery in the fulfillment of these agreements are generally known facts.
THE PRESIDENT: Dr. Horn, in order to test the relevancy of this class of evidence, I should like to ask you this question:
Assume that Ribbentrop did want to make agreements with England and did not wish that Germany should make war on England. What relevancy would that have to the allegation that Germany was planning to make war upon Poland?
DR. HORN: Mr. President, to be able to answer that question decisively as far as the conduct of the Defense is concerned, I would have to go back to the state of all the political and diplomatic affairs of the period previous to the second World War. To explain the reasons for calling witnesses, I would not like to enter into arguments yet on such matters of principle before I have thoroughly scrutinized all the possible evidence at my disposal and formed a definite opinion—and a basis for my conduct of the Defense. The ruling which the President gave regarding reasons for summoning witnesses—that the Tribunal will help us to procure the witnesses and the evidentiary material—I have understood to mean that for the summoning of witnesses, we have only to state reasons which in all probability would be confirmed by the witnesses themselves after preliminary interrogation.