THE PRESIDENT: I am not suggesting that you should hand it to all of them, but only to Dr. Stahmer.
MR. JUSTICE JACKSON: If we have copies, I have no objection to doing that, but if we do not have them in German—our difficulty has always been to get German copies of these documents.
DR. DIX: May I say something else. If it is not possible in German, then it should at least be possible in English, for one English copy will certainly be available. Furthermore, if it is a question of German witnesses, such as Göring, the document will be shown him in German anyhow; it will certainly be shown the witness in German. I believe that will surely be possible.
[Dr. Siemers approached the lectern.]
THE PRESIDENT: We do not really need to hear more than one counsel on this sort of point. I have already ruled upon your objection, which was that the document should be produced beforehand, but the Tribunal has already ruled that objection should be denied.
DR. SIEMERS: Mr. President, I am sorry. My motion was that the Defense Counsel should receive these documents at the same time the Tribunal does. I am not of the opinion expressed by Dr. Dix, that only one defense counsel should receive it. If it is a report regarding the Reich Defense Council, then it is a document important to several defendants. One copy is therefore not sufficient, but each defense counsel must have one. I believe that Mr. Justice Jackson . . .
THE PRESIDENT: But not at this moment. There are, as we all know, the very greatest difficulties in producing all these documents, and extraordinary efforts have been made by the Prosecution and the Translating Division to supply the defendants with documents, and with documents in German, and it is not necessary that every member of the Defense Counsel have these documents at the time the witness is being cross-examined. I am sure the Prosecution will do everything it can to let you have the documents in due course—any document that is being used.
In the opinion of the Tribunal it is perfectly sufficient if one copy of the document is supplied to the counsel for the witness who is being cross-examined. As I say, the Prosecution will doubtless let you have copies of these documents in due course.
You are appearing for the Defendant Raeder, and the Defendant Raeder, I am afraid, at the present rate will not be in the witness box for some time.
DR. SIEMERS: The result of that is that the defense counsel, who is not momentarily concerned, cannot understand the cross-examination. As to the technical question, I ask the Court to consider that I cannot follow Justice Jackson on this technical point. The document is mimeographed by means of a stencil. In mimeographing it makes no difference at all whether 20, 40, 80, or 150 copies are produced. It makes no difference from the point of view of time, except perhaps 4 or 5 minutes. I consider for this reason that one can hardly refer to technical difficulties in this matter.