MR. COUNSELLOR RAGINSKY: Just at the moment I do not have it, but during the intermission I shall be glad to produce the original German document.
THE PRESIDENT: Dr. Von Lüdinghausen, the Tribunal is told that this document was put in before and the certificate of General Ecer was put in at the same time, certifying that this document is a part of the Czech report. In those circumstances, the Tribunal will allow the document to be used.
DR. VON LÜDINGHAUSEN: Mr. President, then I have another objection to the use of this document.
As is known, if any interrogation transcripts or affidavits from witnesses are presented, the Defense have the right to summon these witnesses for an interrogation. The former State Secretary Frank, who has made this statement, is, however, as is known, no longer among the living. Therefore, I also object for this reason to the use of this document.
MR. COUNSELLOR RAGINSKY: Mr. President...
THE PRESIDENT: Dr. Von Lüdinghausen, this document was offered and accepted in evidence during the lifetime of this man, K. H. Frank. That is one reason for accepting it.
The document is admissible under Article 21 of the Charter and was submitted under that article and there is no such rule as you have stated, that the Defense are entitled to cross-examine every person who makes an affidavit. It is a matter entirely within the discretion of the Tribunal and therefore that objection is rejected.
MR. COUNSELLOR RAGINSKY: Mr. President, I do not want to hold you any longer on this matter but I wanted to show that this was an unnecessary delay as Dr. Von Lüdinghausen used the document himself to introduce some extracts from the testimony of Frank in his document book.
Now I shall read into the record some statements made by Frank. This document, I repeat, is in connection with the warning dated 17 November 1939 which we just exhibited to this Tribunal, and signed by Von Neurath, who did not raise his voice either against the shooting of the nine students nor as to the number of students who were to be sent to concentration camps, and he did not really request any changes in this legislation.
[Turning to the defendant.] Did you hear the testimony, Defendant?