26 Nov. 45

the conflict, realizing the military implication of an entry of the United States into the war. However, their incitement did result in the attack on Pearl Harbor, and long prior to that attack, they had assured the Japanese that they would declare war on the United States should a United States-Japanese conflict break out. It was in reliance on those assurances that the Japanese struck at Pearl Harbor.

On the present discussion of this phase of the case, I shall offer only one document to prove this point. The document was captured from the files of the German Foreign Office. It consists of notes dated 4 April 1941, signed by "Schmidt," regarding discussions between the Führer and the Japanese Foreign Minister Matsuoka, in the presence of the Defendant Ribbentrop. The document is numbered 1881-PS in our numbered series, and I offer it in evidence as Exhibit USA-33. In the original, it is in very large, typewritten form in German. I shall read what I deem to be the pertinent parts of this document, beginning with the four paragraphs; first reading the heading, the heading being:

"Notes regarding the discussion between the Führer and the Japanese Foreign Minister Matsuoka, in the presence of the Reich Foreign Minister and the Reich Minister of State Meissner, in Berlin, on 4 April 1941.

"Matsuoka then also expressed the request that the Führer should instruct the proper authorities in Germany to meet as broad-mindedly as possible the wishes of the Japanese Military Commission. Japan was in need of German help particularly concerning the U-boat warfare, which could be given by making available to them the latest experiences of the war as well as the latest technical improvements and inventions."--For the record, I am reading on what is page 6 of the German original.--

"Japan would do her utmost to avoid a war with the United States. In case that country should decide to attack Singapore, the Japanese Navy, of course, had to be prepared for a fight with the United States, because in that case America probably would side with Great Britain. He (Matsuoka) personally believed that the United States could be restrained, by diplomatic exertions, from entering the war at the side of Great Britain. Army and Navy had, however, to count on the worst situation,-that is, with war against America. They were of the opinion that such a war would extend for 5 years or longer, and would take the form of guerilla warfare in the Pacific, and would be fought out in the South