DR. SERVATIUS: Mr. President, the witness Osenberg is at present located here in the prison and could be heard orally. The presentation of an affidavit is probably not appropriate in a case when a witness can be called in person. On that basis, I object to the presentation of the document. The reason for this is that we might be able to take the witness into the cross examination and we can not do that if the testimony is given in the form of an affidavit.

THE PRESIDENT: We will hear from the prosecution.

MR. McHANEY: If the Tribunal please, it is true that Osenberg is now in the Nurnberg jail. However, the availability of a witness does not necessarily determine at all, under Ordinance No. 7, the admissibility of affidavits. This affidavit is rather perfunctory. It explains very generally the functions of the Reich Research Council; with certain appendages attached to it, it gives the Tribunal some idea of the matters with which this organization was dealing, and I think that it is not necessary nor appropriate to take up the time of the Tribunal in calling a witness of this character.

THE PRESIDENT: On what page of the volume that you handed us is this affidavit found?

MR. McHANEY: Page 70, or 72 perhaps.

THE PRESIDENT: Page 70, I see.

MR. McHANEY: If the Defense desires to call Osenberg to amplify upon such remarks as he makes in this affidavit, they are quite at liberty to do so.

THE PRESIDENT: The Tribunal will take its afternoon recess and announce its decision when we return.