30 Nov. 45

desire of the Defense to know the names of witnesses ahead of time is justified.

The Tribunal must decide to what extent security reasons interfere with this desire, which is in itself justified. That is a matter which the Defense cannot determine. I think I understand Mr. Justice Jackson correctly in saying that if the press is being told what witnesses will appear on the next day, then it is a matter of course that the same information should be given to Defense Counsel at the same time. This was only a series of unhappy circumstances, which can be overcome by mutual understanding and good will.

As I said, I do not know what was agreed upon before I was present here. I cannot therefore contradict my colleague, Dr. Stahmer, in this matter. I think it possible, however, that the misunderstanding arose as a result of the decision of the Court to have documents submitted to us 48 hours in advance and to have the film shown to us beforehand, a decision which led my colleague to the conclusion--and I consider it a justified conclusion--that all matters of this sort were to be submitted to us in advance. We do not, of course, expect to be informed of the contents of the witness' testimony.

After this elucidation I should like to state my request that in the future we be informed as soon as possible which witness is to be called; and I should also like to ask that the security considerations be guided by the knowledge that the Defense as a body is reliable, determined and capable of assisting the Court in reaching its verdict by submitting to the discipline of the proceedings. I ask, therefore, that the cases in which the security officer believes that he should not communicate the name of the witness beforehand, should be reduced to an absolute minimum.

THE PRESIDENT: The Tribunal will consider the submissions which have been made to them on behalf of Defense Counsel with reference to what shall or what shall not be communicated to them. With reference to the witness whom the United States desire to call, they will now be permitted to call him. With reference to what I said about confining his evidence to the first count, the Tribunal thinks that the best course would be for the other prosecutors to have the opportunity now to ask any questions which they think right, and that they may have the opportunity, if they wish, of calling the witness later upon their own counts.

As to cross-examination by the defendants' counsel, that will be allowed to them in the most convenient way possible, so that if they wish to have an opportunity of communicating with their