NINTH DAY
Friday, 30 November 1945

Morning Session

THE PRESIDENT: I call on the Prosecutor for the United States.

MR. JUSTICE JACKSON: Colonel Amen will represent the United States this morning.

COLONEL JOHN HARLAN AMEN (Associate Trial Counsel for the United States): May it please the Tribunal, I propose to call as the first witness for the Prosecution, Major General Erwin Lahousen.

THE PRESIDENT: The Tribunal wish me to state that the evidence of the witness whom you propose to call must be strictly confined to the count with which the United States are dealing, Count One.

COL. AMEN: May I have a moment to discuss that with the Chief Counsel of the United States?

THE PRESIDENT: Yes, certainly.

DR. OTTO NELTE (Counsel for Defendant Keitel): Mr. President, so far as I know the Prosecution...

THE PRESIDENT: Would you state for whom you appear? Do you appear for the Defendant Keitel?

DR. NELTE: Yes. As far as I know, an agreement was reached between the Prosecution and the Defense, to the effect that whenever possible, questions to be brought up in the proceedings on the following day should be announced beforehand. The obvious purpose of this very reasonable understanding was to enable Defense Counsel to discuss forthcoming questions with their clients, and thus to assure a rapid and even progress of the Trial.

I was not informed that the witness Lahousen was to be called by the Prosecution today, nor was I told on what questions he was to be heard.

It was particularly important to know this, because today, I believe, the witness Lahousen was not to be heard on questions connected with the Prosecution's case as presented during the past days.

THE PRESIDENT: That is the contrary of what I said. What I said was that the witness was to be confined to evidence relating