The last five documents named fall into rather a different category. I haven’t discussed these with Dr. Horn; but I respectfully submit—and it is the united view of the Prosecution—that complete files of newspapers will be difficult to justify as evidence before the Tribunal, but again, if Dr. Horn wants them for matter of reference, then it just becomes a question of possibility.
I am not sure with regard to these whether it is desired to use them or whether it is merely desired to have them to refer to. I don’t know anything about Number 19, the withdrawn number of the Daily Telegraph, but I suppose the Secretariat can make inquiries about that from the proprietors.
DR. HORN: The last item I should like to take up: Now that the Trial has already progressed so far that I now require these documents in order to be able to make use of them for rebutting evidence, may I ask that copies of those newspapers—it is a matter of three or four newspapers, which are bound in 1-month volumes—be made available to me as soon as possible with the help of the Tribunal.
THE PRESIDENT: What do you say about the withdrawn number of the Daily Telegraph? You haven’t yet indicated why it would be relevant.
DR. HORN: On the 30 or 31 of August 1939, an edition of the Daily Telegraph was withdrawn because it contained extensive details of the contents of the memorandum which the then Reich Foreign Minister, Von Ribbentrop, had read to the British Ambassador, Henderson, in Berlin. It is asserted—also by the Prosecution—that Ribbentrop read this note to Henderson so rapidly that the latter was unable to understand the essential points. From the issue of the Daily Telegraph of 31 August 1939, it will thus appear to what extent Ambassador Henderson was in a position to understand Ribbentrop’s statements or the oral presentation of that memorandum as Von Ribbentrop read it. I therefore ask that this number of the Daily Telegraph be procured, and I am convinced that the Prosecution is able to obtain this issue by the means at their disposal but not available to us.
SIR DAVID MAXWELL-FYFE: My Lord, this is the first time that I have heard of this withdrawn copy apart. . .
THE PRESIDENT: The first time you have heard there was any copy withdrawn?
SIR DAVID MAXWELL-FYFE: I have never heard it except from Dr. Horn that there was a copy withdrawn, and I shall probably have to investigate the matter.
I only want to say one thing, that of course Dr. Horn has just made one point about the question between this defendant and Sir Nevile Henderson. It is the case for the Defendant Göring, as expressed in Dr. Stahmer’s interrogatories, that the Defendant Göring had caused the contents of this memorandum to be given unofficially to Mr. Dahlerus behind the Defendant Ribbentrop’s back. That is the case which he is making in the interrogatories, so that it by no means follows that Sir Nevile Henderson’s account of the interview was wrong, even if an account of the document had come out.
I don’t want to make a point of the memory of Sir Nevile, but shall investigate this matter, which I have just heard now for the first time.