HC Deb 28 February 1921 vol 138 cc1402-4
27. Mr. BOTTOMLEY

asked the Prime Minister whether a date has yet been fixed for the trial at Leipzig of the seven accused German officers, Lieut.-Commander Patzig, Lieut.-Commander Neumann, Lieut.-Commander Werner, and Neumann, Trienke, Müller, and Heinze; whether any British witnesses have so far been examined, and what counsel it it is proposed to instruct to represent Britain at the trial; whether the trial is to be by jury; whether any allied judges will be permitted to sit as assessors or otherwise; and whether a verbatim report of the trial will in due course be laid upon the Table or circulated amongst the Members of this House?

The ATTORNEY-GENERAL (Sir G. Hewart)

I have been asked to answer this question. On Friday last I had a conference with the two German representatives who have come from Leipzig upon this matter, and discussed and agreed certain outstanding points of procedure. It is hoped that the trials in Leipzig may begin about a month hence. The depositions of all the British witnesses were handed to the German authorities on the 26th October last. It remains, however, to examine and cross-examine those witnesses in the presence or on behalf of the accused. The responsibility for the trials rests, of course, with Germany, but it is proposed that a British representative shall be present. I cannot usefully add anything further at this stage.

Mr. BOTTOMLEY

Were the witnesses, to whom the right hon. and learned Gentleman referred a short time ago in answer to a question, who have been examined, British or German witnesses?

Sir G. HEWART

I do not remember the particular phrase that was employed: it might have been one of two things, according to the question that was asked. We have here examined all the witnesses whose names and addresses we have. In Germany, I understand, certain other persons, whose names and addresses I do not know, have been examined.

Lieut.-Commander KENWORTHY

What will be the position of the British representative in the Court? Will he simply be there with a watching brief, and will he, in that case, have to withdraw when the Court sits to consider its verdict, or will he be present the whole time?

Captain Viscount CURZON

Will the British representative be a legal or a naval man?

Sir G. HEWART

I think the two hon. and gallant Gentleman who have asked these questions have a little forgotten what it is that has led up to this position. What happened was that the Germans proposed that they should show their good faith by the trial of a selected number of persons upon a long list. Those persons were accordingly selected, and the responsibility of the procedure rests with the Germans. But as it was thought desirable that the living witnesses should be brought forward, as distinguished from the documentary evidence, it was stipulated, if need be, that representatives of the Allied and Associated Powers should be present. If they are present, they will be present, not as conducting, or controlling, or taking part in the trial, but rather, I should think, in the phrase that was employed, as holding a "watching brief."

Mr. BOTTOMLEY

As to the last portion of the question, shall we have a verbatim report of the proceedings?

Sir G. HEWART

That is a question which I cannot at the moment answer. I do not know whether it is desired that there should be a German verbatim report.

Mr. W. THORNE

Are the Gentlemen mentioned in the question members of the Anti-Waste League?