My Lord, the next application is on behalf of the Defendant Von Neurath to use M. François-Poncet as witness. The Prosecution will be grateful if the Tribunal would allow that to stand over for a day or two, as my French colleagues are awaiting instructions from Paris at the moment and they have not got a reply yet. I do not think it will prejudice the Defendant Von Neurath’s case. It will be time for a reply before there is any difficulty as to time.
Then, My Lord, the next is an application on behalf of the Defendant Von Schirach. I think that all that is now wanted is to use an affidavit from Dr. Otto Wilhelm von Vacano. The affidavit is 12 pages long and is a highly academic statement on the educational philosophy underlying the Adolf Hitler Schools. The Prosecution feel that the matter has been thoroughly covered by the Defendant Von Schirach himself and also by his witnesses Hoepken and Lauterbacher, and they feel that the affidavit would be cumulative and repetitive. But, of course, it is an affidavit; it is not a question of an oral witness, and if the Tribunal feel that they ought to have it, the Prosecution do not wish to press their objection unreasonably.
THE PRESIDENT: Has the affidavit been translated yet?
SIR DAVID MAXWELL-FYFE: Well, I have certainly got an English—I have read the English translation of it, My Lord, so I assume that it has been translated into the other languages.
The next, applications from the Defendants Hess and Frank to put an interrogatory to General Donovan. If I may put the objection quite shortly, that raises the same point as the application on 2 May 1946 for Mr. Patterson of the United States War Department. The objection of the Prosecution is the same as I made on that occasion, that when you are cross-examining a witness as to credibility you are bound by his answer, and should not, in the opinion of the Prosecution, be allowed to call evidence to contradict him. So it is on exactly the same point, the relationship between the witness Gisevius and the United States Office of Strategic Services.
The next application is on behalf of the Defendant Speer for the approval of certain documents which are in his possession. The Prosecution have no objection to the application. They reserve the right to make any individual objection when the documents are produced at the Trial.
My Lord, the next is a purely formal application on behalf of the Defendant Jodl, whose case is now before the Tribunal, to use an affidavit of Dr. Lehmann. There is no objection to that.
Next is the application on behalf of the Defendant Hess...
THE PRESIDENT: Sir David, that application we have already heard. We have heard the arguments for that in full and the Tribunal will consider that.
SIR DAVID MAXWELL-FYFE: If Your Lordship pleases.