DR. KUBUSCHOK: The Lersner interrogatory is dated 15 April 1946. It is Document 93. Date of the interrogatory, 15 April 1946.
THE PRESIDENT: Well, the Tribunal doesn’t think that this document ought to be admitted. Newspaper articles whilst the Trial is going on are not the sort of evidence which the Tribunal thinks it right to admit.
DR. KUBUSCHOK: In Volume III I submit Document 99, an affidavit by Schaffgotsch, Page 245. It is just being submitted, Mr. President. It is a brief affidavit concerning Papen’s vain efforts in the spring of 1934 to reach Hindenburg.
Finally, as Document 100, I shall submit the appeal of the Reich Government of 1 February 1939, which was mentioned yesterday, and also an excerpt on foreign policy from Hitler’s speech of 23 March. Yesterday it was referred to during the proceedings.
Furthermore, I refer to all documents in all three document books which have been submitted and ask that you take judicial notice of them.
Then I have one final request. Yesterday parts of the discussion of the affidavits of Schröder and Meissner were read into the record. I believe the Prosecution, since they have not made use of the affidavits, will be willing that these parts be stricken from the record.
THE PRESIDENT: It was Meissner’s affidavit which was used to some extent, wasn’t it?
SIR DAVID MAXWELL-FYFE: Yes, My Lord, it was. My Lord, I should have thought the most convenient course was that the Tribunal would take it that I have merely put the facts out of the affidavit and would not consider that the evidence of the affidavit was before them. Otherwise, I think it would be very difficult to correct the record, but of course I accept that position.
THE PRESIDENT: Yes, we think so. We will treat it as those facts having been put to the witness and the witness having answered them, without considering it as a sworn statement.
SIR DAVID MAXWELL-FYFE: Yes, My Lord, purely as my questions.