COL. AMEN: Because, Your Lordship, there is included in this defendant’s document book a letter which is on precisely this same point. In other words, this defendant has raised this point in his own defense. He did not read the letter.
THE PRESIDENT: That is not quite the point. This letter to Dr. Kauffmann, of which you have a copy, is not as I understand a sworn statement.
COL. AMEN: It is not sworn; no, Sir.
THE PRESIDENT: How does it become evidence then? The witness is not here.
COL. AMEN: It has the same probative value that many letters introduced here in evidence have. In fact, I think it has considerably more than many of them, because it is a letter from an official, from the mayor who has conducted an inquiry and has ascertained what I consider to be one of the most important matters in the case—namely, whether...
THE PRESIDENT: No, I do not want to hear at the moment what is in the letter.
COL. AMEN: I cannot think of a thing that was more pertinent than this letter, or more important, to be brought out at this Trial, particularly when it—well, you do not want me to go into that—particularly when it is something which the defendant has sought to interpose as his own defense, and which now turns out...
THE PRESIDENT: But he has not sought to introduce it for his own defense.
COL. AMEN: Well, I say he has sought to introduce that issue by the letter in his document book so that, even were it not otherwise perhaps relevant, it surely becomes so when the defendant has raised that precise issue in his own documents. But even aside from that, it seems to me that it is one of the most important issues in this case.
I will not characterize it in words since Your Lordship does not wish me to, but I can hardly think of anything more pertinent than the matter set forth there in the form of an official communication.