MR. ROBERTS: My Lord, 94 is an affidavit of Sauckel’s son. It is only required, I understand, if one of three other witnesses who have been allowed is not available. My Lord, it is to deal with the allegation that Sauckel ordered the evacuation of Buchenwald; and, My Lord, I cannot object to this very short affidavit, if Dr. Servatius cannot produce one of the three witnesses who have been allowed to him.
My Lord, 95 is Sauckel’s speeches, and Dr. Servatius again has promised to cut down the passages which he has marked. It is difficult to object to that in view of the allegation of conspiracy.
THE PRESIDENT: Yes.
MR. ROBERTS: My Lord, 96 and 97 are books in which there are very short extracts which have been marked, and, again, as it deals with a relevant period of the alleged conspiracy, My Lord, I do not see how I can object to that.
THE PRESIDENT: In the same category, yes. Does that meet with your views, Dr. Servatius?
DR. SERVATIUS: Yes, I discussed the matter with a representative of the Prosecution and that represents in principle the result. I would like to add, however, something with reference to a few documents—namely, Documents 80 and 81. One is the photostat copy of a deportation order in the city of Oels, the other an affidavit concerning forced labor in Saaz. I need the first document in order to prove that the Hague Regulations for Land Warfare was obsolete—that is to say, that before the armistice, while fighting was still going on, the population of the Eastern German provinces was sent to Russia for forced labor. I supplemented the motion orally at that time, because I considered the proof for the deportation of a large part of the population for forced labor, obtained by questioning the mayors of cities from Upper Silesia to East Prussia, as insufficient. I believe that this is of great importance for the defense of my client, as it proves that the Hague Regulations for Land Warfare was considered nonexistent in the East.
Document 81 deals with the state of affairs after the armistice—but which appears as only a continuation of what previously occurred in the Eastern territories—and confirms the fact that, under the occupation of the Soviet Army, such conditions generally continued to exist—namely, the recruitment of the population for work not in the sense of the Hague Convention for the repair of local roads, for instance, but rather for the purpose of working in industry and for activities outside the framework of the Hague Convention and for work outside the country. I do not believe that I should be refused this evidence.
Now as to Documents Number 90 and 91, their contents have already been presented. They are two folders with a collection of affidavits. The attempt is made to bring evidence in refutation of a government investigation such as we have met up with here. We have received reports from the Soviet and French Prosecution; we have received reports from Czechs; all of which constitute a huge quantity of material of mosaic-like patterns that can only be dealt with in this manner.
I once before explained that I do not have a government at my disposal which could prepare such a report, and so I suggest bringing a collection of affidavits. Now I do not intend to read every one of these affidavits here. My motion is that the Court appoint a deputy who would study that folder and prepare a brief report about it for presentation to the Tribunal. A similar problem will arise later when questions concerning the political organizations are dealt with—namely, the problem as to how these immense quantities of material can be presented to the Tribunal.
If I bring one witness, one witness only, it will be said, “Well, one witness cannot, of course, cover the entire ground.” On the other hand, I cannot have a hundred or more witnesses. So this would be a middle way: That a person appointed by the Tribunal study these affidavits and then give a report. That is the content of these two folders.