30 Nov. 45

I know I don't need to enlarge upon the wide scope of evidence in a conspiracy case. I think, perhaps, the best way to do is to swear the witness, and that the other prosecutors, if they feel their field is being trespassed upon, or the judges, if they feel that we are exceeding, raise the objection specifically; because I don't know how we can separate, particularly on a moment's notice, Count One from the other Counts.

We have tried our best to work out an arrangement that would be fair, as between ourselves and the other prosecutors, but we find it impossible always to please everybody.

With the greatest deference to the ruling of the Court, I would like to suggest that we proceed. I don't know just what the bounds of the ruling might be, but I think the only way we can find out is to proceed, and have specific objections to the specific things which anyone feels have been transgressed; and in doing that, I want to say that we do it with the greatest respect to the ruling, but that we may find ourselves in conflict with it, because of the difficulty of any boundary on the subject.

THE PRESIDENT: Dr. Stahmer?

DR. STAHMER: Mr. President, I must return to the matter raised by Doctor Nelte, namely his statement that before the beginning of the Trial the Defense and the Prosecution reached an agreement to the effect that the next day's program should always be made known to the Defense on the previous day. Such an agreement was actually reached, and I cannot understand why the Prosecution was not informed of it. We considered the possibility and then reached this agreement in a conference with Doctor Kempner, who was acting as our liaison man. I should like further to point out the following:

The Prosecution stated that for security reasons the Defense could not be furnished with the names of witnesses to be called during the next day's proceedings. The press however received, as early as yesterday, information on the witnesses to be called today. We heard of this through representatives of the press this morning and, as far as I know, the information also appeared in today's papers. I cannot understand, therefore, why it was withheld from us, and why we were told that for security reasons, it could not be communicated to us. I think this amounts to a mistrust of the Defense's discretion that is quite unjustified. It is, furthermore, incorrect that we are now receiving documents in good time; they still reach us belatedly. For instance, a document which is to be dealt with in court today was put on our desks only this morning, moreover, in a language which many of the defending