THE PRESIDENT: Yes, certainly.
DR. DIX: The article has already been admitted as evidence. We have discussed it, and the Tribunal approved the article as evidence. The Tribunal can, of course, revoke that decision. I think, for me it would...
THE PRESIDENT: I think the Tribunal has always made it clear that the allowance of these documents is a provisional allowance and that when the document is actually offered in evidence, they will then decide the relevancy or its admissibility, rather, and its relevancy.
DR. DIX: That is quite beyond doubt. I merely wanted to point out that we have already discussed the question once before. Of course, the Tribunal can today reject the document. I shall...
THE PRESIDENT: The allowance is provisional. It is not a question of the Tribunal’s reversing its previous decision. The previous decision was merely provisional, and the question of admissibility now comes up for decision.
DR. DIX: It is quite clear to me, Your Lordship. I am merely surprised at the objection raised by the Soviet Prosecution, inasmuch as the representative of the Soviet Delegation himself referred to that article in his observations during the cross-examination of the witness Gisevius. It is true, he did not submit it to the Tribunal, but he referred to it in his observations to the witness Gisevius. However, if the Tribunal has the slightest objections to allowing the article as documentary evidence, then I shall ask permission to leave it. I will then—and I think I may—ask the witness Schacht whether it is true that in 1941 he had a conversation with an American who was a professor of national economy, a conversation which dealt with the possibility of peace. I leave it to the Tribunal. For me, it is no—I thought it would be simpler, if I submitted the article.
THE PRESIDENT: General Rudenko, as you have raised the objection to this document, what have you to say about the point that Dr. Dix makes that you used the document yourself in cross-examination?
GEN. RUDENKO: Mr. President, we did not use this document in the cross-examination of the witness Gisevius. An explanatory question was asked in order to reach a decision on this point and I particularly emphasize...
THE PRESIDENT: Will you say that again? I did not understand you.
GEN. RUDENKO: I say, that we did not use this document during the cross-examination of the witness Gisevius, but we did ask an explanatory question in order that when the document was presented by Dr. Dix, we could object to it as being of no probative value. I especially...