Nuremberg Ruling on Affidavits Where Witness Not Produced for Cross Examination, When Required by Court

Horwitz alerts Tavenner to a potential solution to the problem they currently have by looking at the Nuremberg Tribunal's ruling that "affidavits were admissible but that the other side could file application for leave to cross examine in writing with the Tribunal assigning their reasons." Furthermore, the Tribunal "permitted the withholding of the affidavit and the production of the witness on direct examination." Horwitz excerpts the interrogation of Dr. Wengler, who was not at Nuremberg, as a case that would help the Prosecution's present problem.