28 Nov. 45

THE PRESIDENT: The Tribunal is of the opinion that the letters are admissible. They were written to and received by the Defendant Seyss-Inquart The defendant can challenge the contents of the letters by his evidence.

If it is true that Rainer is in Nuremberg, it is open to the defendant to apply to the Tribunal for leave to call Rainer in due course. He can then challenge the contents of these letters, both by the Defendant Seyss-Inquart's evidence and by Rainer's evidence. The letters themselves are admitted.

MR. ALDERMAN: May it please the Tribunal, I agree quite fully with the statement that if it had been known that these letters were to be offered in evidence in a court of justice, they very probably would have been differently written. That applies to a great part of the evidence that we shall offer in this case. And I would say that if the photographer who took the photograph of the Memorial Plaque had known that his photographs would be introduced in evidence in a conspiracy case, he probably never would have snapped the shutter.

The letter from Rainer to Bürckel indicates that he was asked to prepare a short history of the role of the Party. Perhaps I had better read the covering letter, addressed to the Defendant Seyss-Inquart:

"Dear Dr. Seyss:

"I have received your letter of 19 August 1939, in which you asked me to inform you what I know of those matters which, among others, are the subject of your correspondence with Bürckel.

"I do not wish to discuss sundry talks and all that which has been brought to my notice in the course of time by different people. I wish to clarify essentially my own attitude.

"On 5 July 1939 I was asked by telephone by the Reich Commissioner Gauleiter Bürckel if I was in possession of the memorandum of Globus regarding the events of March. I told him that I did not have this memorandum, that I never possessed a single part of it; that I, furthermore, did not then participate in the matter and do not know its content. Because of official requests by Bürckel, I have entrusted him with a report accompanied by a letter written on 6 July.

"If Bürckel now writes to you that certain statements were confirmed by me, I feel obliged to entrust you with a copy each of my copies of those two documents, which were only written in single originals. I shall specially inform Bürckel of this, adding that I have given--apart from those written explanations--no confirmations, declarations, or criticisms