2 Jan. 46
guard duty at the time and saw him twice.
He went down into the gas chamber with Ziereis, commandant of the
camp, at a time when prisoners were being gassed. The sound
accompanying the gassing operation was well known to me. I heard the
gassing taking place while Kaltenbrunner was present.
"I saw Kaltenbrunner come up from the gas cellar after the
gassing operation had been completed. " — signed — "Höllriegl."
On one occasion Kaltenbrunner made an inspection of the camp grounds at
Mauthausen with Himmler and had his photograph taken during the course
of the inspection. I offer Document 2641-PS as exhibit next in order,
Exhibit Number USA-516. This exhibit consists of two affidavits and a
series of photographs. Here are the original photographs in my hand. The
original photographs are the small ones, which have been enlarged, and
those in the document book are not very good reproductions, but the
Tribunal will see better reproductions which are being handed to it.
DR. KAUFFMANN: As the whole accusation against Kaltenbrunner personally
has nevertheless been brought forward, I feel bound to make a motion on
a matter of principle. I could have made this motion this morning just
as well. It concerns the question of whether affidavits may be read or
not. I know that this question has already been the subject of
consultation by the Tribunal and that the Tribunal has come to a
definite decision on this question. When I make this question again a
matter for decision, it is for a special reason.
Every trial is somewhat dynamical. What was right at one time may be
wrong later. The greatest and most important trial in history depends in
many important points on the mere reading of affidavits which have been
taken by the Prosecution exclusively, according to its own maxims.
The reading of affidavits is not satisfactory in the long run. It is
becoming, from hour to hour, more necessary to see, to hear for once, a
witness for the Prosecution and to test his credibility and the
reliability of his memory. Many witnesses are standing, so to speak, at
the door of this courtroom, and they need only to be called in. To hear
the witness at a later stage is not sufficient; nor is it certain that
the Tribunal will permit a hearing on the same evidential subject. I
therefore oppose the further reading of the affidavits just announced.
The spirit of Article 19 of the Charter should not be killed by the
literal interpretation.
THE PRESIDENT: Is your application that you want to cross-examine the
witness or is your application that the affidavit should not be read?