THE PRESIDENT: Dr. Kubuschok, you will receive the affidavit. You will have an opportunity to look at the affidavit.
DR. KUBUSCHOK: I shall look at the affidavit, and, if necessary, apply in writing to have it rectified.
THE PRESIDENT: Yes. If there is any mistake in the affidavit it must be corrected.
DR. KUBUSCHOK: It really says “Papen” in the text, but that is completely wrong since he has never made such a speech. On Page 4 of the text it says “The speech delivered by Papen.”
SIR DAVID MAXWELL-FYFE: My Lord, that is what the affidavit said. Learned counsel says it is completely wrong; he did not make a speech. But with the greatest respect to the learned counsel, I must suggest, if he wants to refute the affidavit, he will have the opportunity of recalling Von Papen and giving evidence then.
DR. KUBUSCHOK: Mr. President, in this case would it not be of value to put the one short question to the witness as to whether he really meant Papen?
THE PRESIDENT: Very well; put the question to the witness.
DR. KUBUSCHOK: Witness, do you think that you said that Papen made a speech on 18 February 1938? Where was this speech supposed to have been made?
SCHMIDT: That, in my opinion, is a mistake which may have crept in when I made the affidavit; because if the speech was not made—at any rate, at the moment I no longer remember such a speech as I described in that affidavit. It is, therefore, perfectly possible that a mistake crept in. And perhaps that mistake is excusable if you consider that this affidavit was submitted to me at a time when I was rather seriously ill in bed in a hospital. It can very well have happened that upon reading through the affidavit I did not notice the mistake and I really consider it to be a mistake.
DR. KUBUSCHOK: That makes the actual fact established and the conclusions drawn from it unnecessary?