14 Dec. 45

which makes it dreadfully hard for me, as well as for a number of my colleagues, to follow the Trial at all.

Of the incriminatory evidence against the organizations, I have previously gathered little in the proceedings up to now. Since, according to today's statements, however, the evidence against the organizations is to be presented shortly, I should like to ask emphatically that, if we are to continue to represent the organizations, the proceedings be conducted in such a way that, in a technical respect, too, we shall be in a position to carry on the defense in a responsible manner.

THE PRESIDENT: As you know or have been told, only those parts of documents which are read before the Tribunal are treated as being in evidence and therefore you hear through your earphones everything that is in evidence read to you in German. You know also that there are two copies of the documents in your Information Center which are in German. So much for that. That has been the procedure up to now.

In order to meet the legitimate wishes of German counsel, the proposal which Mr. Justice Jackson has just made is perfectly simple, as I understand it, and it is this:

That the question of the criminality of these organizations should not be argued before the evidence is put in; that the United States counsel should put in their evidence first, and that they hope to put the majority of it in evidence before the Christmas recess, but that the German counsel (defendants' counsel) shall be at liberty at any time, up to the time the United States case is finished, to make objection to any part of the evidence on these criminal organizations. Is that not clear?

HERR BÖHM: Yes, that is clear.

THE PRESIDENT: Have you any objection to that procedure?

HERR BÖHM: Yes. The procedure as suggested is clear, but I think it is highly inadequate. I have as yet had no opportunity to get into my hands either of the two copies, which are said to be downstairs in Room 54, maybe because two copies are not sufficient for the purposes of 25 lawyers, especially if these copies are placed in Room 54 at 10: 30 in the morning, when the session starts at 10:00 o'clock. It would not even suffice if these two copies for 25 of us were placed into our room on the day before, since it is not possible for all of us to make satisfactory use of these two copies in so short a time. Arrangements should therefore be made — just how the Prosecution will make them, I cannot say — to enable us to know at the proper time and I emphasize again, in the German language-what the Prosecution expects of us, so that our work may be of avail to the Tribunal.