My client, Herr Rosenberg, sent me the following note yesterday while I was delivering my case: “The passages in the document book to be cited are certainly marked in red; the other parts do not have to be translated at all.” The passages referred to in the French text had not been marked. I consequently assumed that the passages should not be translated. This communication from Rosenberg, however, had a different meaning. Rosenberg had made a sign in certain documents that were marked in red to indicate that these passages do not have to be read. That includes the quotation from Lapouge, and therefore the error occurred.
I also said yesterday that the passage cited by Mr. Justice Jackson was incorrectly translated. That, too, was an error which occurred on my part apparently because the emphasis of the word “Bastardisierung” shocked me. I presume that “miscegenation” was meant. I request the translation department to pardon me. The document book itself...
THE PRESIDENT: Dr. Thoma, the Tribunal quite understand that there must have been some mistake, and no one, I hope—and certainly not the Tribunal—is accusing you of any bad faith in the matter at all. The Tribunal quite understand that there must have been some misunderstanding or some mistake which led to whatever happened.
DR. THOMA: I thank you very much.
DR. NELTE: Mr. President, permit me to ask the Tribunal a short question related to procedure matters in the case of Westhoff. Yesterday I stated the reasons why I believed I could forego calling the witness Westhoff. According to the explanation of the British Prosecution the error has been cleared up, and therefore my assumption is no longer true. I should like now to ask the Tribunal, “Is the original situation thereby automatically restored, and may I also claim to examine this witness before the Court as a defense witness, or must I make a formal application to be authorized to call this witness again?”
THE PRESIDENT: No, Dr. Nelte, the Tribunal do not desire you to make any formal application. You can ask the witness any questions when he has answered the questions which the Tribunal will put to him, and the Prosecution, of course, can also ask him questions.
DR. NELTE: Thank you.
THE PRESIDENT: Now, Dr. Seidl, I think you wanted to put some questions to this witness, did you not, on behalf of the Defendant Frank? We hope that they won’t be very long.
DR. SEIDL: Witness, the Prosecution asked you a question yesterday in connection with the AB Action. For your information AB Action means extraordinary pacifying operations. It was necessary in connection with uprisings during 1940 in the Government General. In this connection the Prosecution read you a quotation from Frank’s diary of 16 May 1940. I want to read to you, first of all, one further sentence from this same citation, from the same entry. It reads as follows:
“Every arbitrary action is to be prevented with the most severe measures. In every case the point of view which takes into consideration the necessary protection of the Führer’s authority and of the Reich must be in the foreground. Moreover, action will be postponed until 15 June 1940.”