My Lord, the second application on behalf of the Defendant Von Schirach is in respect of one Kaufmann. The Defense desires to administer interrogatories to Kaufmann in lieu of calling Kaufmann, who has already been allowed as a witness. There is no objection to that.
My Lord, the next matter is an application by Dr. Seidl on behalf of the Defendant Hess, and it is a request for five documents relating to the German-Soviet agreements in August and September 1939. And it is also a request for the calling of Ambassador Gaus as a witness in connection with the above. But the position with regard to previous applications is somewhat lengthy, and without going into details, I tell the Tribunal that this matter has already been before them on six occasions. I have the details if the Tribunal would like them.
THE PRESIDENT: No, because the Tribunal made an order, did they not, that these documents were to be translated?
SIR DAVID MAXWELL-FYFE: Yes, My Lord.
THE PRESIDENT: And that they would then be considered by the Tribunal?
SIR DAVID MAXWELL-FYFE: That is so, My Lord. The Tribunal made an order for them to be translated on 25 March and, My Lord, if I may just remind Your Lordship of the bare facts, on 28 March Fräulein Blank, the private secretary of the Defendant Von Ribbentrop, was asked about the agreement. Your Lordship may remember that my friend General Rudenko objected, but the Tribunal ruled that the questions were admissible, and the witness said she knew of the existence of the secret pact, but gave no details.
Then, on 1 April, in the course of Dr. Seidl’s cross-examination of the Defendant Von Ribbentrop, the Gaus affidavit was read, and on 3 April, Dr. Seidl applied for Hilger and Weizsäcker to be called as witnesses on this point, and on 15 April Dr. Seidl applied for Ambassador Gaus to be called.
Now, My Lord, it was discussed before the Tribunal on 17 April, when I said that in view of the Tribunal’s previous ruling I could not contest the question of the agreement, but I objected to the witnesses. General Rudenko, I think, stated that he had submitted written objections, and the Tribunal said they would consider the matter. The position today appears to be, taking the five documents, that the affidavit of Dr. Gaus is already in evidence. My Lord, that is the first affidavit. But the second affidavit of Dr. Gaus is not in evidence. With regard to the Non-Aggression Pact between Germany and the Soviet Union, that is already in evidence. As to the Secret Supplementary Protocol appended to the Non-Aggression Pact between Germany and the Soviet Union, the substance is already in evidence. It was given in the Gaus affidavit.
Then, My Lord, we have the German-Soviet Frontier and Friendship Pact of 28 September 1939, and the Secret Supplementary Protocol to that pact. The Prosecution submit that these documents have no relevance to the defense of the Defendant Hess, and they cannot see any reason for them being wanted. If necessary, my Soviet colleague can deal further with the matter, but that is the general position. And we also submit that the second affidavit of Ambassador Gaus is unnecessary in view of his previous affidavit, and without stating them again, I refer to and repeat my objections to witnesses to the discussions preceding the conclusion of the agreement. It is submitted that this is really an irrelevant matter, and unnecessary to occupy the time of the Tribunal regarding it. My Lord, I do not know whether it is convenient...
THE PRESIDENT: Sir David, the Tribunal, as I have said, is going to consider this matter. They have not yet had an opportunity to consider these documents, but I should like to ask you whether there is any reason why Ambassador Gaus should be called as a witness.