COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for the U.S.S.R.): Members of the Tribunal, I fully share the viewpoint of Sir David Maxwell-Fyfe. It appears to me absolutely unacceptable to have this document presented immediately to the Tribunal.
If I understood Sir David Maxwell-Fyfe correctly, he did not receive this affidavit. The Soviet delegation is in the same position. Besides, I would like to remind you that the question of this witness has already been discussed, that it has been definitely solved, and it seems to me there are no grounds for a further revision of this question.
THE PRESIDENT: Dr. Seidl, the Tribunal considers that the course which must be taken is that that affidavit must be translated and submitted to the Tribunal for their consideration, for this witness was allowed to the Defendant Ribbentrop, I think, and then he withdrew his application for the witness. You have not applied for the witness Gaus, and I would point out to you and to the other counsel for the defendants that it is very inconvenient that documents of this sort—after all the question of witnesses and documents has been thoroughly gone into by the Tribunal—should be presented at the last moment and without any translation whatever. But we will not go into it now, and it must be translated and submitted to the Tribunal in the three languages.
DR. SEIDL: Perhaps I might make one short remark in regard to the last point. Up to now I was always under the impression that a formal application to call a witness would not be necessary in the case of a witness who has already been admitted by the Tribunal for another defendant. That was undoubtedly so in the case of Gaus who was named as a witness for the Defendant Von Ribbentrop. Consequently I had no reason to make a formal application, since I would have the opportunity to interrogate the witness in cross-examination anyhow.
I have just been informed by counsel for the Defendant Von Ribbentrop that, as his representative said last Saturday, he will forego calling the witness Gaus, and now I, in turn, apply to call Ambassador Dr. Gaus as witness regarding the statements in his sworn affidavit.
THE PRESIDENT: I do not know what you mean by saying you call him. You can apply to call him if you like, but you do not call him until you apply.
DR. SEIDL: Yes, Sir.
THE PRESIDENT: When we have seen this document, we will determine the question.
DR. SEIDL: The next witness admitted by the Tribunal for the Defendant Hess is the witness Karl Strölin. In order to save time I have also prepared an affidavit for this witness, and I ask the Tribunal to inform me whether we will follow the same procedure with this witness as with the witness Bohle, or whether the Prosecution agree that only the affidavit should be presented.
THE PRESIDENT: Have they seen the affidavit?