SIR DAVID MAXWELL-FYFE: May it please the Tribunal again I have never heard of Professor Conwell-Evans, and he does not appear in the Who’s Who, the British publication showing a very large number of the citizens who have certain grades of distinction or hold certain offices. But I would like Dr. Horn to consider this point, which I respectfully put to the Tribunal:
Accepting that every word that is stated in this application with regard to Professor Conwell-Evans was said in Court by Professor Conwell-Evans, I submit that it would not advance the case at all and that the Tribunal would be left in exactly the same position if it had that evidence as it is in at the present moment. After all, the defendant will be able to give evidence himself and to make his own impression on the Tribunal as to his intentions and as to his honesty of mind at various times. The submission of the Prosecution is that the evidence of this gentleman would not help the Trial at all and is not relevant to any issue before the Court.
DR. HORN: As next witness I name Wolfgang Michel, Oberstdorf in Allgäu, the witness under Number 38.
SIR DAVID MAXWELL-FYFE: This gentleman is stated to have been a partner in the defendant’s former business. According to the application, it is really desired that he should give his views of the defendant’s general attitude and state of mind. Again, the Prosecution fail to see to what issue he is relevant; but it may be that it would please the defendant to have affidavits from an old business partner to give his views on the defendant. If that is desired, the Prosecution would be prepared to consider such an affidavit; but they really must take up the consistent attitude that a witness of this kind is irrelevant—a witness who is going to say, “I have known this defendant for 20 years; I have been in business with him; and I have always had a high opinion of him.” That, in the submission of the Prosecution, does not touch the issues before this Tribunal and, therefore, is irrelevant. But, as I say, if my friend cares to produce an affidavit, the Prosecution will consider it with the greatest sympathy.
DR. HORN: I would be satisfied, in the case of the witness Michel, with an affidavit.