DR. SERVATIUS: Mr. President, may I be permitted to give an explanation of this matter? This statement is practically a summary of all the interrogations in which the various points appear as a confession in the sense of the Indictment. The defendant could not say a word in his own defense if this were correct. Since it is a résumé and since conclusions can be drawn from it, he must have the opportunity of refuting these conclusions; and that necessitates a statement. These are not definite facts which can be answered with “yes” or “no.”
THE PRESIDENT: The defendant has just said that the whole document is wrong, and he has also said that the document was obtained from him under duress.
DR. SERVATIUS: Yes.
THE PRESIDENT: And it is therefore not any use to go through it in detail. But the Tribunal would like to hear from the American Prosecution if they have anything to say about the matter.
MR. DODD: I do not have a copy of the document before me in English, but I...
THE PRESIDENT: You see, Mr. Dodd, M. Herzog has said that it was offered in evidence under the Exhibit Number USA-223.
MR. DODD: My recollection is that—I will check the record, Mr. President—my recollection is that in the presentation of the case on Slave Labor, we included this in our document book but did not offer it in evidence. I think I said to the Tribunal at the time that we had decided not to offer it. It had been printed and put in the document book.
My memory may be faulty, but my recollection is, Mr. President, that the President of the Tribunal asked me if I did not intend to offer it, and I then stated that we had thought it over and decided not to use it.
THE PRESIDENT: I do not understand how it gets an exhibit number if it isn’t offered in evidence.
MR. DODD: I don’t either. I think it is an error.