THE PRESIDENT: Yes, Dr. Seidl?
DR. SEIDL: Mr. President, the affidavit of the Ambassador Dr. Gaus, which has been accepted by the Tribunal as Exhibit Hess-16, describes only a part of the negotiations. Ambassador Dr. Gaus was not present at the negotiations which preceded the conclusion of the pacts. I have, therefore, made the additional application to call Embassy Counsellor Hilger as a witness after his having already been approved as a witness for the Defendant Von Ribbentrop.
I have, furthermore, requested that the Tribunal procure the text of that secret supplementary appendix. I have to admit, however, that this request no longer has the importance it had at the time it was made. In the meantime we have received a copy of that secret supplementary appendix.
Furthermore, I have a copy of the secret appendix to the German-Soviet border pact of 28 September 1939; and I have an affidavit by Ambassador Dr. Gaus of 1 April of this year certifying that these copies are identical with the text of the secret agreements drafted on 23 August and 28 September 1939.
THE PRESIDENT: Sir David, have you any objection to that document being produced for the consideration of the Tribunal?
SIR DAVID MAXWELL-FYFE: Not at all, My Lord. As I say, the Tribunal have considered our objection on relevance, and we have lost on it; and, therefore, it is not really open to me to argue any question of the relevance of the document in view of the decision of the Tribunal.
The only point that I make is that if Dr. Seidl produces an alleged copy of the treaty, supported by an affidavit of Ambassador Gaus, then it immensely strengthens my argument, I submit, against him being allowed to call the witness.
COL. POKROVSKY: The Soviet Prosecution, on the question which is now being discussed by the Tribunal, have submitted today a document to the General Secretariat of the International Military Tribunal. If this document is already in your possession, then I need not talk about our position here; but, if you find it necessary, Your Honors, I am going to set it forth here. We object on the ground of considerations, which are set forth in this document signed by General Rudenko.
THE PRESIDENT: Are you presenting an argument or a document of some sort?
COL. POKROVSKY: No, I am not going to argue about it nor return to this question if you have this document.