SIR DAVID MAXWELL-FYFE: That was your first wish, but you very soon gave that up.
VON PAPEN: Just a moment, please. After Hitler had refused to agree to my wish, and after he had determined that Von Tschirschsky would enjoy the personal protection of Hitler during his investigation by the Gestapo—that is, if the head of the State says “I will be responsible for the fact that nothing will happen to Herr Von Tschirschsky!” then you will allow that naturally the only course of action open to me is to say to Herr Von Tschirschsky, “Take this course and let them interrogate you; for after all you have to clear yourself of the suspicion resting on you.”
SIR DAVID MAXWELL-FYFE: Defendant, let me remind you that there is not a word in your letter of 5 February about any promise from Hitler to give an indemnity to Herr Von Tschirschsky. All that you are saying is that he will disappear into disgrace. There is nothing in any other letter either.
VON PAPEN: Yes. It is in one of Tschirschsky’s reports. I cannot find it at the moment.
SIR DAVID MAXWELL-FYFE: Well, if you can find anything about an indemnity, I can only tell you that I have not been able to find it in any of your letters.
VON PAPEN: But it is there.
THE PRESIDENT: Perhaps the defendant could look for this document at the recess, at 1 o’clock.
SIR DAVID MAXWELL-FYFE: Yes, very well. My Lord, if there is such a document, I am very sorry; I don’t know about it.
Yes, My Lord; I am sorry. I think I have got the reference. On Page 91, My Lord. It is not in the defendant’s letter, but there is a reference in Herr Von Tschirschsky’s report. On Page 91, My Lord. Page 69. It says:
“In conclusion—the reason why I feel myself under no obligation either to appear before the Gestapo or to return to the Reich at all, in spite of the extraordinary protection promised me by the Führer and Reich Chancellor—I make the following declaration: