The third point is that preliminary lists of documents were placed in the defendants’ Information Center on the 1st of November. The lodgment of preliminary documents, not complete but amounting to many hundreds, was made on the 15th of November. Except for one, Dr. Bergold, on behalf of the Defendant Bormann, all the counsel representing individual defendants were appointed by the 10th of November.
Next, there have been four detailed speeches by the Prosecution explaining the scope and emphasis of the Prosecution’s case. Every experienced advocate knows that the opening speech giving the emphasis is one of the most important matters for the Defense.
As Professor Kraus said, from the beginning of November there have been applications for witnesses. I shall deal later with certain of the individual points, but I want to say this generally, that any one who has read these applications must be aware that the Defense, from an early date, have appreciated not only the case they have to meet, but the line which they wish to pursue.
My eighth point is that, having heard practically the whole case on Counts One and Two, the common plan and aggressive war, the defendants received a 12-day recess at Christmas, and it was indicated by the President that this was, in part at any rate, for their assistance.
It is a point of fair comment that most of us have been engaged in quite considerable trials where men’s lives have been at stake, when any question of any adjournment at all would not come into the picture. But this case does not stop there.
My next point is that on Counts One and Two, the common plan and aggressive war, the cases against the individual defendants were co-ordinated and the relevant documents collected in the individual presentations. In every case defendants’ counsel had these documents and trial briefs by the latest at the middle of January. All the presentations were concluded by the 17th of January except for four. The matter has been brought up to date by the expositions of M. Dubost, M. Quatre, and by my Soviet colleagues as they went along. In addition, the transcripts, of which each defendant receives a copy in German, show the weight and emphasis which the Prosecution attach to the different individual cases.
We all know, from our own experience, that you cannot prepare any defense in any trial without the burning of midnight oil; but I do impress upon the Tribunal that the assistance which has been given and the time which has been allowed is remarkable in this case.
I want to deal much more shortly with the mechanical side of it, because Professor Kraus has been fair enough and good enough to say that the Prosecution have given assistance. And I want to say this, that we are quite prepared, when there is any question of photostating a German document, or of mimeographing or reproducing a document in any other way, or providing additional clerical assistance, to go beyond what we have done and to meet any request made to us to the utmost of our ability.
Now I want to deal with the essential point which Professor Kraus has made, that the Prosecution have had a long time to prepare and develop their case, and Defense have corresponding rights.
In my respectful submission, there is this essential difference between the case for the Prosecution and the case for the Defense. The Prosecution must cover the whole field; the Defense selects the issues on which it will make its fight.