[A recess was taken.]
SIR DAVID MAXWELL-FYFE: I have considered the matter; and I think it is really in the stage of argument and not cross-examination; but, My Lord, I should like Your Lordship just to observe, as the matter has been raised, that there is a certificate, given by Captain Hochwald on behalf of General Ecer, which states that the exhibit which was put in is a photostat taken from the original of a document found in the archives of the Reich Protector’s office in Prague, so that that theory appears, from the certificate and the exhibit, that the copy-letter to Dr. Lammers and the two memoranda were preserved and found in the office of the Reich Protector. I do not want to say anything further in the matter.
THE PRESIDENT: Let the defendant come back to the witness box. Oh—no he need not come back. Dr. Bergold. Dr. Bergold?
FLOTTENRICHTER KRANZBÜHLER: Mr. President, since Dr. Bergold is absent at present, I should like to ask whether I may submit the three documents in my case which are still outstanding.
THE PRESIDENT: Very well, Dr. Kranzbühler.
FLOTTENRICHTER KRANZBÜHLER: I am offering as Exhibit Dönitz-100, the affidavit subscribed by the chief of the American Navy, Admiral Nimitz, as to American U-boat war against the Japanese Navy. The Tribunal already knows what I wish to prove with this. I need not read anything now because in the final presentation of my argument I shall have to come back to this point.
THE PRESIDENT: The Tribunal would like to have the document read, Dr. Kranzbühler.
FLOTTENRICHTER KRANZBÜHLER: I have the original text in English, Mr. President, and I shall therefore have to read in English:
“At the request of the International Military Tribunal, the following interrogatories were on this date, 11 May 1940, put to Fleet Admiral Chester W. Nimitz...”
THE PRESIDENT: You must have given the wrong date—1946, is it not?