THE PRESIDENT: What Mr. Dodd said was that they objected to this document from Schwalber because they have not had any opportunity to put any questions to him, either by way of having him called as a witness or by a cross-interrogatory. Therefore, they object to the introduction of the document in its present form.
DR. KAUFFMANN: Yes, I understand. I know this is somewhat problematical, but the Tribunal will be able to assess the evidence value of the letters according to their own opinion. Perhaps I may submit these two short documents to the Tribunal. So far as I know, the Prosecution is acquainted with these two documents, because they have been in the Translation Division, and some time ago a representative of the Prosecution told me that very probably objections would be raised. That was why, at the beginning, I told the Tribunal it would first have to decide as to the relevancy of the documents.
THE PRESIDENT: Well, Dr. Kauffmann, the best way will be for the Tribunal to read the document and to consider it. We will do that.
DR. KAUFFMANN: Very well, Mr. President. Thank you.
MR. DODD: I should also like to indicate to the Tribunal that we take the same position with respect to the Niemöller letter.
THE PRESIDENT: You consider them both, then? You are objecting also to the Niemöller letter?
MR. DODD: Yes, on the same grounds.
THE PRESIDENT: Yes, very well.
DR. OTTO PANNENBECKER (Counsel for Defendant Frick): Mr. President, the reply to the Messersmith interrogatory has not yet been submitted. The reply has been received in the meantime, and has been translated, too. I believe, however, that the Tribunal has probably not yet received it.
THE PRESIDENT: Can you offer it in evidence and give it a number?