DR. FLÄCHSNER: Mr. President...
THE PRESIDENT: May I hear the answer. I thought the defendant said something.
DR. FLÄCHSNER; May I call the attention of the Court to the document itself, of which I have only a copy? It is headed “Sworn on oath before a military court,” and there is an ordinary signature under it. It does not say that it is an affidavit or a statement in lieu of oath, or any other such thing, it says only, “Further inquiries must be made,” and it is signed by Hubert Karden. That is apparently the name of the man who was making the statement. Then there is another signature, “Kriminalassistent Z. Pr.” That is a police official who is on probation and who may later have the chance of becoming a candidate in the criminal service. He has signed it. Then there is another signature, “C. E. Long, Major, President.” There is not a word in this document to the effect that any of these three people want to vouch for the contents of this as an affidavit. I do not believe this document can be used as an affidavit in that sense.
THE PRESIDENT: Yes, Mr. Justice Jackson? Do you wish to say anything?
MR. JUSTICE JACKSON: I—the document shows for itself. I am not—as I have pointed out to this witness, I am giving him the result of an investigation. I am not prosecuting him with personal responsibility for these conditions. I intend to ask him some questions about responsibility for conditions in the camp.
THE PRESIDENT: Well, there is a statement at the top of the copy that I have got, “Sworn on oath before a military court.”
MR. JUSTICE JACKSON: Yes, they were taken in Essen, in this investigation. And of course, if I were charging this particular defendant with the responsibility there might be some argument about it. They come under the head—they clearly come under the head of the Charter, which authorizes the receipt here of proceedings of other courts.
THE PRESIDENT: Have you got the original document here?
MR. JUSTICE JACKSON: Yes.
[A document was submitted to the Tribunal.]