DR. KARL HOFFMAN: (Counsel for the defendant Pokorny) Mr. President, I object to the reading of this affidavit as far as it has to do with my client. My client is mentioned in so far as experiments of Madaus are concerned. Pohl is here in the Nurnberg prison and is available at all times for testimony. His testimony on the subject of the experiments which concern my client is so unclear that I would like to cross examine him under all circumstances. I, therefore, request that this document be not read.

MR. McHANEY: If the Tribunal please, I would like very vigorously to object to his motion to exclude the affidavit secured from Oswald Pohl. In the first place Ordinance No. 7 clearly provides that affidavits are permissable before this Tribunal and the availability of the witness is not set up as a rule for determination of it. It is true that Pohl is now in the Nurnberg jail. However, this man will be indicted and tried in this same Court. Prosecution does not wish to call him as a witness. If the Defense Attorney wishes to call Pohl for cross examination to the extent he desires regarding the statement made hereby shown, that is his privilege. We may at a later stage of the trial bring Pohl to the stand to testify on other matters of a more general nature than set forth in this affidavit. However, we are not prepared to call him at this time and I would request the over-rule of this objection on the grounds of his availability here.