DR. SEIDL: I gave the affidavit to the Prosecution this morning.
SIR DAVID MAXWELL-FYFE: I have got an English translation of the affidavit. There are one or two questions the Prosecution want to put to the witness, so I suggest that the most convenient course would be if Dr. Seidl did as he did with the last witness, to read the affidavit, and then after the affidavit is read, the few questions that the Prosecution desire to be put can be put to him.
THE PRESIDENT: Yes, very well.
COL. POKROVSKY: I must report to you, Mr. President, that as far as this document is concerned, the Defense Counsel has violated the procedure you have established; the Soviet Prosecution received this affidavit only a very short time ago—about 1 or 2 hours ago—and it was not received by us in Russian but in English. Therefore, I had the opportunity of familiarizing myself with it only very slightly, and I ask to have the presentation of this document postponed until such time when the order of the Tribunal is complied with, in other words, not until we have received our document in Russian.
THE PRESIDENT: But, Colonel Pokrovsky, in the interest of the time of the Tribunal, wouldn’t it be better to get on with it now? Sir David has apparently seen the affidavit and read it in English, and if he is satisfied upon that, wouldn’t it be better to go on with it now rather than to postpone it?
You see, Dr. Seidl has actually been allowed this witness, so that it is only a question of time, doing it by way of an affidavit when he can call him, and he can then ask him questions.
COL. POKROVSKY: I must repeat that I have familiarized myself with this document very slightly. As far as I can understand, it is of no particular interest to the Soviet Delegation; it is of greater interest to the British Delegation...
THE PRESIDENT: Colonel Pokrovsky, you see the witness was allowed to Dr. Seidl. Therefore, Dr. Seidl could have put him on the witness box and could have asked him questions, and the only reason for doing it by way of an affidavit is to get the matter more clearly and more quickly. So if we were to order that this affidavit was not to be used, we should then have Dr. Seidl asking the witness questions, and probably, I am afraid, taking up rather longer than it would to read the affidavit, and you would not object to that.
COL. POKROVSKY: Perhaps the Tribunal would find it advisable to have Dr. Seidl ask the witness those questions which have already been answered in the affidavit? It seems to me that that would give us an opportunity to reconcile this contradiction, especially since there are only a few questions, and the first three, as far as I can understand, are mostly of a historical nature and connected with the organization of the Institute in Stuttgart in 1917.
THE PRESIDENT: Colonel Pokrovsky, I have not read the affidavit yet so I am afraid I am not in a position to present the question which you wish me to present.