This document was also, I might say, referred to by the Chief Prosecutor for the United States in his opening address, and it is the only document therein referred to which has not been offered formally to the Tribunal in evidence.
Thirdly, I should like to take up one other matter. I wish to move to strike out one piece of evidence offered by an American member of the Prosecution.
[Mr. Dodd then quoted the evidence in question.]
THE PRESIDENT: Has the Defendant Rosenberg’s counsel any objection to this being struck out of the record?
DR. THOMA: I have no objection, Sir.
THE PRESIDENT: Then it will be struck out.
MR. DODD: I have only one last matter, which I am sure I can conclude before the usual recess time.
In the course of the presentation of the individual case against the Defendant Ribbentrop, our distinguished colleague Sir David Maxwell-Fyfe, the Deputy Chief British Prosecutor, introduced Document Number 3358-PS as Exhibit GB-158. This was on the 9th day of January 1946 and may be found at Page 2380 of the record (Volume V, Page 17).
This document is a German Foreign Office circular dated the 25th day of January 1939, and it is on the subject of the “Jewish Question as a Factor in German Foreign Policy in the Year 1938.” Sir David read portions of this document into the record, including the first sentence of the full paragraph appearing on Page 3 of the English translation of the document.
I have discussed the matter with Sir David, and he has very graciously agreed that we might ask the permission of the Tribunal to add two more sentences to the quotation which he read, because we feel, and Sir David feels with us, that the additional two sentences which follow immediately the sentence which he read add something to the proof with reference to the persecution of the Jews as related to Crimes against Peace. It is desired, therefore, by the Prosecution that the entire paragraph on Page 3 of the English translation of this document be considered as in evidence by the Tribunal, and in accordance with the ruling of the Tribunal generally made as to other such situations we submit now an English, German, French, and Russian translation of that entire paragraph to obviate the necessity for reading it; and the original, of course, is in the German language.