THE PRESIDENT: I understand now. I do not think you said before it was a copy. What I understood was it might have been sent to you by mistake. If it were a copy of a letter which was sent to Dr. Kauffmann, then the position is clear as to what it was.
COL. AMEN: That is my understanding of it, Sir. And, of course, it is a copy of his letter but I know of no privilege whatsoever of a confidential...
THE PRESIDENT: What do you mean by “a copy of his letter”? A copy of the letter sent to Dr. Kauffmann?
COL. AMEN: Sent by Dr. Kauffmann to the Mayor of Oranienburg and a copy of the reply made by the Mayor to Dr. Kauffmann; and I think you will see, if Your Lordship reads the reply, how it is that it came directly to our attention.
DR. KAUFFMANN: May I add one more thing, only two or three sentences, please? I consider the presentation of these two documents a particularly severe infringement of the rights of the Defense. The Defense has had no opportunity to look at the documents of the Prosecution, and it would never have occurred to us to submit to the Tribunal documents of the Prosecution which are to our advantage. This is exclusively a matter between me, the sender of the letter, and the office answering it; how is it possible for the Prosecution to be allowed to interfere in such entirely personal matters? I do not think that is fair.
COL. AMEN: Now, if Your Lordship pleases, I think I can clear the whole thing up. This is a letter dated 2 April ’46 from Major Wurmser to the British Prosecution, and it reads as follows:
“Attached please find the original correspondence regarding Oranienburg. In accordance with your request, I have ascertained that this correspondence was received in the following way. It came addressed to the Prosecution and was delivered to the General Secretary. The original was apparently sent directly to Dr. Kauffmann and the sender, the Mayor of Oranienburg, a Mr. Klaussmann, dispatched at the same time a carbon copy to the Prosecution which not only consisted of his answer but also of the letter which was sent to him by Dr. Kauffmann.”
THE PRESIDENT: Yes, I think we understand the circumstances now.
COL. AMEN: So I think it was sent to the Prosecution for the very purpose for which I am now endeavoring to utilize it.
THE PRESIDENT: Colonel Amen, apart altogether from the question of privilege between counsel and his client, how do you say that this document, which is a letter apparently from a private individual addressed to Dr. Kauffmann, copy of which is sent to you, is evidence at all?