[The Tribunal adjourned until 18 May 1946 at 1000 hours.]
ONE HUNDRED AND THIRTY-THIRD DAY
Saturday, 18 May 1946
Morning Session
MR. DODD: Mr. President, with respect to the application for documents of the Defendant Seyss-Inquart, 87 documents altogether have been submitted to the Prosecution, and we have gone over them in the German. After numerous conferences with counsel for the Defendant Seyss-Inquart, we find we are unable to agree now on 17 of these documents. As of yesterday the number was 20, as I so stated, but we have now reduced it to 17.
Document Number 5 in the defendant’s list is a copy of a resolution of the German National Assembly on the 21st of February 1919, advocating Anschluss between Austria and Germany. We have told counsel we object to it as being really irrelevant here and immaterial. It is a resolution of a German parliamentary body, and it doesn’t seem to us to make any difference what they were thinking of Anschluss in 1919.
Document Number 10 is an extract from a newspaper article published in October 1945 and written by a man named Walford Selby. It is a critical article criticizing the Treaty of St. Germain for not avoiding the obliteration of the Austro-Hungarian economic entity, and it discusses what it describes as the mistakes of 1919, and so on. We understand that it is intended to explain, with other documents, the economic background of the Anschluss movement. Whatever may be said for that type of proof, there are at least five other documents on the same basis and we made no objection to them. But we did feel that somewhere this sort of thing, even if relevant, certainly became cumulative. Documents 7, 12, 26, and 33 are all on the same subject, the economic background of Anschluss, and this is a long one. Therefore, we feel that it certainly is not necessary, doesn’t add very much, merely creates a lot of paper work, and is cumulative.
Document Number 11 is a speech delivered by a Dr. Schober, giving the area and population of the Republic of Austria. We haven’t any very serious objection to this type of thing excepting that there probably are better sources if the defendant wishes to establish the area and population of Austria in 1921. Further, it seems to us that the Tribunal could very well take judicial knowledge of the area and population of Austria as of that date from reliable publications.
Document Number 14 is a statement by the former Chancellor of Austria in 1922 to the effect that Austria belongs to Germany. Our objection is again based on the cumulative feature of this document, because there are at least three other documents with almost identical statements by Dr. Renner to which we have made no objection.
Document 19 is an extract from a book written by a man called Kleinschmied, and the extract purports to show that a number of politicians lived or prospered on the Anschluss movement in Austria. That doesn’t seem to us to be very important here or likely to help the Tribunal very much.