THE PRESIDENT: Mr. Roberts, the Tribunal would like to know where these appendices which are referred to in Paragraph 9 of the report are.
MR. ROBERTS: I think they are in the Tribunal now, in the charge of the Officer of the Court.
THE PRESIDENT: They are in the court now? You can undertake, I suppose, to produce them all if they are not any of them there?
MR. ROBERTS: My Lord, most certainly. I understood the whole of the material is not necessary—the original, of course—but I understood the whole of the material to be there, all in the original, of course.
THE PRESIDENT: Yes. Then the Tribunal decides that the document will be admitted, and the Tribunal will summon, if he is available—and we think he is—General Westhoff; and that will be, in effect, granting the defendants’ application to call General Westhoff, and also to call the officer mentioned in Paragraph 3(b) of the appendix, whose surname appears to be Wielen. I do not know whether you know where he is.
MR. ROBERTS: I will make inquiries and I can assure the Tribunal that we will do everything in our power to get the witnesses that are required for the defense, namely, General Westhoff, who is in Nuremberg, I understand, and General Wielen. I am not certain where he is, but I will find out.
THE PRESIDENT: Very well.
PROFESSOR DR. HERBERT KRAUS (Counsel for Defendant Schacht): Mr. President, you made a remark during the session with which the Defense Counsel are very much concerned. If we understood this remark, it was said that private affidavits would not be accepted by the Tribunal. Considering the fact that we must offer our evidence now, this question of affidavits is very urgent. That is why I am forced to clarify that question. The Defense Counsel has. . .
THE PRESIDENT: Dr. Kraus, I do not think I said that affidavits could not be admitted. What I said was, it might be that affidavits would not be admitted, if the witness was available to give direct evidence. That is the rule which we have enforced throughout the Trial.
DR. KRAUS: Yes, I understand you, Mr. President, to say that in principle we may offer affidavits, whether certified by notary public or by a lawyer or whether bearing only the signature of the person who makes the statement. These are the three forms we have: The simple letter written with the statement, “I declare under oath.” The second type is that in which the signature has been certified by a lawyer; and the third type is the one which has been declared before and certified by a notary public.