Document Number 3700-PS is offered as Exhibit USA-780; Document Number 3775-PS is offered as Exhibit USA-781; Document Number 3787-PS is offered as Exhibit USA-782; Document Number 2523-PS is offered as Exhibit USA-783; Document Number 014-PS is offered as Exhibit USA-784; Document Number 1193-PS is offered as Exhibit USA-785; Document Number EC-317 is offered as Exhibit USA-786; Document Number 3786-PS is offered as Exhibit USA-787; Document Number 638-PS is offered as Exhibit USA-788; Document Number 1742-PS is offered as Exhibit USA-789.
M. CHAMPETIER DE RIBES: Mr. President, Dr. Stahmer in his presentation did not speak of Document Number Göring-26. It concerns a note from the German Government to the French Government relating to the treatment of German prisoners of war in France dated 30 May 1940. The reasons which made us reject the White Book from the discussion make it necessary to reject this document too. I gather that Dr. Stahmer realized that and, therefore, did not speak of it any more, but I would like him to be assured that this document has been definitely rejected from the discussion.
DR. STAHMER: I have not mentioned the document. I withdraw it.
THE PRESIDENT: I call on Counsel for the Defendant Hess.
DR. SEIDL: Mr. President and Your Honors: Before commencing the submission of evidence I have to make the following remarks at the request of the Defendant Hess:
The Defendant Hess contests the jurisdiction of the Tribunal where other than war crimes proper are the subject of the Trial. However, he specifically assumes full responsibility for all laws or decrees which he has signed. Furthermore, he assumes responsibility for all orders and directives which he issued in his capacity as Deputy of the Führer and Minister of the Reich. For these reasons he does not desire to be defended against any charges which refer to the internal affairs of Germany as a sovereign state. That applies in particular to the relations between Church and State, and similar questions. I shall, therefore, submit evidence only with reference to questions in the clarification of which other countries can have a justified interest. This applies, for instance, to the tasks and activities of the foreign organization of the NSDAP. Beyond that, evidence will be submitted to the Tribunal only insofar as this is necessary to ascertain the historical truth. This applies, among other things, to the motives which caused Rudolf Hess to fly to England and to the purposes for which he did it.
The evidence which I have prepared is collected in three document books. In view of the acceleration of the Trial desired by the Tribunal, I shall forego quoting any documents whatsoever from the first book and ask the Tribunal to take cognizance only of those parts of the document book which have been marked in red. I shall read only the affidavit which is at the end of the document book, and that is the affidavit of the former secretary of the Defendant Rudolf Hess, Hildegard Fath, and I shall read furthermore . . .
THE PRESIDENT: Dr. Seidl, if your are passing from your opening remarks and going to deal with the documents, I think it is right to point out to you that there can be no challenge to the jurisdiction of this Court, here. Article 3 provides that the Tribunal shall not be challenged by the Prosecution or by the Defendants or their Counsel, and the Tribunal cannot hear any argument upon that subject. Now you can go on with your documents.
DR. SEIDL: There will furthermore be read from the second volume the record of a conversation between the Defendant Rudolf Hess and Lord Simon, which took place on 10 June 1941 in England. So as to prevent interruption in the reading of the documentary evidence, I shall today read only the affidavit of the witness Hildegard Fath, Page 164 of the document book. The affidavit reads as follows:
“Having been advised of the consequences of a false affidavit, I declare under oath the following, which is to be submitted to the International Military Tribunal in Nuremberg: