THE PRESIDENT: One moment, Sir David. Has that letter about withdrawing the statement about the witness Lothar Streicher been read into the record?
SIR DAVID MAXWELL-FYFE: I do not know if it has been read into the record. It has been sent to the Court.
THE PRESIDENT: It had better be put in as a document.
SIR DAVID MAXWELL-FYFE: If Your Lordship pleases. My Lord, the next is the application for the Defendant Von Papen, who requests that the witness Josten, who has been approved by the Tribunal as a witness, be changed to an affidavit, which counsel already has, and Dr. Kubuschok requests that Kroll be allowed as a witness. My Lord, the position with regard to Kroll was that the Prosecution submitted that he was not relevant, but the Tribunal allowed interrogatories for Kroll and, therefore, the Prosecution accepts the decision of the Tribunal that he is therefore relevant. On that basis, as Dr. Kubuschok is dropping one witness, we feel that we cannot object to his being brought as an oral witness, since the Tribunal has decided that his testimony is relevant.
THE PRESIDENT: Yes; and as to Josten, has the affidavit been submitted to you?
DR. KUBUSCHOK: Yes, I have just received it with his signature. The witness Josten has appeared today and has signed the affidavit.
THE PRESIDENT: All I am thinking of is that the Prosecution may hereafter want to have him called for cross-examination.
SIR DAVID MAXWELL-FYFE: We have not seen the affidavit yet, My Lord; I am sorry. I will look into that.
THE PRESIDENT: The result of that would be that both witnesses would have to be here.
SIR DAVID MAXWELL-FYFE: I appreciate that, My Lord.