Mr. Justice Jackson is still working on his remarks, and while he did hope to submit a draft, late communications received only this morning from interested persons in the War Department have made it necessary for him to work right up to now, and therefore we think that the practical difficulty results in not having a prepared statement to submit.
SIR DAVID MAXWELL-FYFE: May it please the Tribunal, I have prepared two appendices which endeavor to cover the first two points in the Tribunal’s statement of January, the elements of criminality and the connected defendants mentioned in Article 9 of the Charter. I arranged that copies in German should be given to all the Defense Counsel. I hope everyone has got a copy. I have also arranged that copies be submitted to the Tribunal.
I have added to that an addendum showing the references to the transcript, and in some cases to the documents, on each of the points, and I am afraid that is in English; but it is reference to paragraphs, so it shouldn’t be difficult for the Defense Counsel to fit it into their document.
I am afraid that it would be impossible to give a copy of the Justice’s speech and mine. What I intended to add was largely on the facts which I have endeavored to put before the Defense Counsel already, but if the Defense Counsel for the organizations would care to hear informally what is the sort of general line, I should be very pleased to tell them, if it would be any help. I want to help in every way I can.
THE PRESIDENT: Yes, very well. We will now adjourn.
[The Tribunal adjourned until 28 February 1946 at 1000 hours.]
SEVENTIETH DAY
Thursday, 28 February 1946
Morning Session
DR. HORN: Mr. President, on Monday, when I wished to give my reasons for the application to call Winston Churchill as witness, the Tribunal asked me to submit this in writing so that the Tribunal could make a decision.
The decision that Winston Churchill should not be called as witness was, however, made already on the 26th of February, before the Tribunal received my written application. I assume a mistake has been made, and I ask the Tribunal to reconsider the question in the light of the reasons set out in my written application.