THE PRESIDENT: The affidavit seems to have been made a long time ago.
SIR DAVID MAXWELL-FYFE: Yes, My Lord.
THE PRESIDENT: Actually, it was almost as soon as the Tribunal began. I think that perhaps you ought to use the facts and not use the affidavit.
SIR DAVID MAXWELL-FYFE: My Lord, I am perfectly prepared to do whatever the Tribunal wants. If there is any question, and Dr. Kubuschok wants Meissner for cross-examination, as far as I am concerned, he can have him. I mean, I am in a slightly different position from that with respect to Von Schröder. As far as fairness is concerned, I want Your Lordship to understand that certainly none of my staff thought for a moment that the Defense understood we were not going to use it, because we always intended to use it. We gave a copy of this affidavit to the Defense so that there would be ample notice of this affidavit.
DR. KUBUSCHOK: Yes, that was done, and I gratefully acknowledged it.
SIR DAVID MAXWELL-FYFE: My Lord, I am really anxious not to occupy too much of the Tribunal’s time. I would rather go on and put the facts in and save any discussion about it.
THE PRESIDENT: Very well, do that.
SIR DAVID MAXWELL-FYFE: I think you said, Defendant—you put it that you had two meetings with President Von Hindenburg and then, I think, after 18 January you had meetings with Hitler, and after 22 January you had meetings with the Defendant Göring, as he said in his evidence, is that not so?
VON PAPEN: No, I did not meet with Hitler from 4 January until 22 January.
SIR DAVID MAXWELL-FYFE: We will call it about 4 days, the dates of the Nazi Party say that you began negotiations on the 18th, but we will not quarrel about a day or two. The crucial meeting was the meeting which was arranged with Oskar von Hindenburg at the Defendant Von Ribbentrop’s house, was it not?