28 Nov. 45

DR. KRANZBUHLER: No, only the name was mentioned.

THE PRESIDENT: I don't think the name was mentioned, because this part of the affidavit was not read.

DR. KRANZBUHLER: The name was read, Mr. President.

THE PRESIDENT: Very well, go on.

DR. KRANZBUHLER: [Continuing.]

"Nevertheless, he became one of the first high officers in the Army and fleet and was in complete agreement with the concepts and aims of National Socialism."

As an introduction to this paragraph, Mr. Messersmith said, in Document Number 1760, on Page 2, the last sentence before the Number 1:

"Among those whom I saw frequently and to whom I have reference in many of my statements were the following..."

Then after Number 16 Dönitz' name appears. My client has informed me that he has heard the name "Messersmith" today for the first time; that he does not know the witness Messersmith, has never seen him, nor has he ever spoken to him.

I therefore request that the witness Messersmith be brought before the Court to state when and where he spoke to the Defendant Dönitz.

THE PRESIDENT: The Tribunal has already ruled that the affidavit is admissible; that its probative value will of course be considered by the Tribunal, and the defendants' counsel have the right, if they wish, to submit interrogatories for the examination of Messersmith. Of course defendants will have the opportunity of giving evidence when their turn comes, then Admiral Dönitz, if he thinks it right, will be able to deny the statements of the affidavit.

DR. KRANZBUHLER Thank you.

MR. ALDERMAN: I want to call the Court's attention to a slight mistranslation into German of one sentence of the Messersmith affidavit. In the German translation the word "nicht" crept in when the negative was not in the English.

The English statement was:

"I deemed it expedient to delay my return call for several weeks in order to make it clear to Von Papen that I had no sympathy with and on the other hand was familiar with the objectives of his mission in Austria."

The German text contains the negative: "Und class ich anderseits nicht mit den Zielen seiner Berufung in Österreich vertraut war." The "nicht" should not be in the German text.