23 Nov. 45
have established that some of the documents submitted by the
Prosecution yesterday were not quoted in their entirety, nor were
they presented in substance. My question now is: Shall the contents,
the entire contents, of all the documents which were presented to
Court form the basis for the Court's decision, even in cases where
the Prosecutor who presented the documents did not refer to their
contents?
In other words, must we consider all of the documents presented
in Court--including those the contents of which were not verbally
referred to--as a basis for the judgment and, consequently, should
they be examined with a view to determining whether the defendants
wish to raise any objections?
Finally I wish to ask the Tribunal whether the entire contents of
all the documents which were submitted to the Court yesterday, and
which may possibly be submitted in the future, are to be understood
by 'us as a basis for judgment even if the Prosecution does not
present them word for word or in substance or refer to them in any
other way.
THE PRESIDENT: Every document, when it is put in, becomes a part
of the record and is in evidence before the Tribunal, but it is open
to the defendants to criticize and comment upon any part of the
document when their case is presented.
DR. DIX: Thank you. The question is clarified herewith.
THE PRESIDENT: There are three announcements which I have to make
on behalf of the Tribunal; and the first is this:
What we propose that the Tribunal shall not sit on Saturday
morning in this week, in order that defendants' counsel may have more
time for the consideration of the documents and arguments, which have
been made up to that time. That is the first matter.
The second matter is that the Tribunal desires that all motions
and applications shall, as far as practicable, be made in writing,
both by the Prosecution and by the Defense. There are occasions, of
course, such as this morning when motions and applications for the
purposes of explanation, are more conveniently made orally, but as
far as practicable, it is the desire of the Tribunal that they shall
be made in writing, both by the Prosecution and by the Defense.
And the other matter is an observation, which the Tribunal
desires me to make to the Prosecution, and to suggest to them that it
would be more convenient to the Tribunal and possibly also to the
Defense, that their briefs and volumes of documents should be
presented to the Tribunal before Counsel speaking begins that branch
of the case, so that the brief and volume of documents should be
before the Tribunal whilst Counsel is addressing the Tri-