THE PRESIDENT: I was taking it that Dr. Kubuschok meant an affidavit and not an interrogatory.
DR. KUBUSCHOK: Yes, a sworn affidavit.
SIR DAVID MAXWELL-FYFE: Perhaps, My Lord, the Tribunal would postpone a decision on this point until I have had a chance to consider the affidavit, and then I will communicate with Dr. Kubuschok and with the Tribunal.
THE PRESIDENT: Yes, very well.
DR. KUBUSCHOK: May I, Mr. President, mention yet another case. I had been granted the witness Von Tschirschky, who is at present in England, for oral interrogation. The witness has written to the Tribunal that it is difficult for him to be absent from England at the moment, and requests that his evidence be taken in writing. I am agreeable to this and have drafted an interrogatory which is now being submitted to the Tribunal. This, again, would mean another witness gone, Tschirschky, as well as Josten, so that I request earnestly that the witness Kroll be granted as an oral witness, since a considerable saving of time has now been accomplished.
THE PRESIDENT: Sir David, you have no objection to that?
SIR DAVID MAXWELL-FYFE: No, I have no objection to that. I may have to consider certain cross-interrogatories for the witness, but that will not affect the position of Dr. Tschirschky.
Next is the application by the Defendant Rosenberg for a document—Hitler’s letter to Rosenberg dated 1924. This document is in regard to Rosenberg’s anti-Semitism. As far as I know, the Prosecution has not any of these documents, but Dr. Thoma can explain what he wants. I have no objection to having these documents if they can be found.
DR. THOMA: Mr. President, may I first draw your attention to the fact that my application for a document—Rosenberg’s letter to Hitler, in which Rosenberg asks not to be a candidate for the Reichstag—has since been handed to me. This application has thus been settled. Secondly, I have . . .
THE PRESIDENT: Just a moment, Dr. Thoma. You withdraw that application because you have that letter, do you not? You said, “With that, the application has been settled.” Do you mean that you withdraw that application?