28 Nov. 45
about 70 years old. He is on active duty in Mexico City; the main
difficulty is that we did not feel we could take him away from his
duties in that post, combined with a long trip and his age.
THE PRESIDENT: That is all, is it?
MR. ALDERMAN: Yes.
THE PRESIDENT: The Tribunal has considered the objection which
has been raised. In view of the powers which the Tribunal has under
Article 19 of the Charter, which provides that the Tribunal shall not
be bound by technical rules of evidence, but shall adopt and apply to
the greatest possible extent expeditious and nontechnical procedure
and shall admit any evidence which it deems to have probative value,
the Tribunal holds that affidavits can be presented, and that in the
present case it is a proper course.
The question of the probative value of an affidavit as compared
with a witness who has been cross-examined would, of course, be
considered by the Tribunal. If, at a later stage, the Tribunal thinks
the presence of a witness is of extreme importance, the matter can be
reconsidered. I add this: If the defense wish to put interrogatories
to the witness, they will be at liberty to do so.
MR. ALDERMAN: Thank you, Your Honor. I offer then our Document
1760-PS as Exhibit USA-57, affidavit by George S. Messersmith. Rather
than reading the entire affidavit, unless the. Court wishes me to do
so, I intend to paraphrase and state the substance of what is covered
in various parts of the affidavit.
THE PRESIDENT: The Tribunal think it would be better to adhere to
the rule which we have laid down: That only what is read in the court
will form part of the record.
MR. ALDERMAN: I shall read then, if the Tribunal please, from the
fourth paragraph on the third page of the English copy, the following
list of names, headed by President Miklas of Austria and Chancellor
Dollfuss:
"From the very beginnings of the
Nazi Government, I was told by both high and secondary government of
officials in Germany that incorporation of Austria into Germany was a
political and economic necessity and that this incorporation was
going to be accomplished 'by whatever means were necessary.' Although
I cannot assign definite times and places, I am sure that at various
times and places, every one of the German officials whom I have
listed earlier in this statement told me this, with the exception of
Schacht, Von Krosigk and Krupp Von Bohlen. I can assert that it was
fully understood by everyone in Germany who had any knowledge
whatever of what was going on that Hitler and the Nazi Government
were irrevocably committed to this end, and