SIR DAVID MAXWELL-FYFE: If Your Lordship please, My Lord, the first application is on behalf of the Defendant Von Neurath with regard to M. François-Poncet. That has been dealt with; that is covered.
Then, My Lord, the next is an application from Dr. Marx on behalf of the Defendant Streicher to put in an affidavit by the publisher, Herr Gassner of Der Stürmer. My Lord, the publisher is intended to deal with the question of the rise and the circulation of Der Stürmer during the years 1933 to 1935. The Prosecution have already submitted to the Tribunal that they did not think that that was relevant when an application was made to call Herr Gassner as a witness. The Prosecution still take the same position. My Lord, it is for an affidavit, and we leave to the Tribunal as to whether they would like the affidavit, but the Prosecution fail to see the relevance of that evidence.
THE PRESIDENT: Would Dr. Marx like to say something about that now?
DR. HANNS MARX (Counsel for Defendant Streicher): Mr. President, I have just discussed this matter with Defendant Streicher; and he tells me that the witness, Herr Gassner, whom I have proposed to call and from whom an affidavit had been proposed, would only be in a position to speak about the publication figures of Der Stürmer from the year 1941 onwards. That, of course, is of no interest whatever to the defense. I shall, therefore, forego the affidavit and rely on what the witness Hiemer has said in that respect. Therefore, it will not be necessary at all to procure the affidavit.
SIR DAVID MAXWELL-FYFE: My Lord, the next application is by Dr. Kranzbühler on behalf of the Defendant Dönitz for further consideration and admission of the affidavit of the former fleet judge, Jäckel, by reason of the course of the cross-examination.
My Lord, I think the most convenient course would be if the Prosecution do not object to the application at this time but reserve the right, when Dr. Kranzbühler makes the use that he desires of the affidavit, to consider whether we shall then object.
THE PRESIDENT: This is really evidence in rebuttal, is it?
SIR DAVID MAXWELL-FYFE: Yes, in rebuttal of the points raised in the cross-examination. It is very difficult to decide whether one should make a final objection until one knows what use Dr. Kranzbühler is going to make of it. I suggest that we do not object at this stage.
THE PRESIDENT: Well, these applications and the Tribunal’s orders granting the witnesses are always subject to that provision.
SIR DAVID MAXWELL-FYFE: If Your Lordship please, then the Prosecution makes no further objection.