4 Jan. 46

fields of national activities, the military leaders must act in accordance with international law and the dictates of the public conscience. Otherwise the military resources of the nation will be used, not in accordance with the laws of modern society, but in accordance with the law of the jungle. The military leaders share responsibility with other leaders. I use the word "share" advisedly. Obviously the military leaders are not the final and exclusive arbiters, and the German military leaders do not bear exclusive responsibility for the criminal holocaust which was committed. But the German military leaders conspired with others to undermine and destroy the conscience of the German nation. The German military leaders wanted to aggrandize Germany and, if necessary, to resort to war for that purpose.

As the Chief Prosecutor for the United States said in his opening statement, the German military leaders are here before you because they, along with others, mastered Germany and drove it to war.

Your Lordship, that concludes the evidence under Counts One and Two, and if this would be a convenient stopping point ...

THE PRESIDENT: You have another branch of the argument?

COL. TAYLOR: Counts Three and Four, Your Honor, which will take considerable time.

THE PRESIDENT: Very well, we will adjourn now.

[The Tribunal adjourned until 7 January 1946 at 1000 hours.]