M. CHAMPETIER DE RIBES: The matter which is before us today is to find out whether all of the documents which have been submitted are relevant, and that is why I asked that the Tribunal reject one of the documents as irrelevant. If it is understood, that this question may be brought up later when the document is produced then I see no objection to postponing my explanation. I wish to state concerning Document Number Göring-26 only that the quotation read by Dr. Stahmer is mutilated and I shall ask the Tribunal to hear this document read in full.
THE PRESIDENT: We would like to consider this matter, but before doing so we would like to know whether you have any objection to the suggestion that has been made. You understand what Mr. Justice Jackson’s suggestion is?
DR. STAHMER: Yes, Mr. President, I understand. It touches upon a fundamental question of the defense, and I should like to discuss this question briefly with the other Defense Counsel. I should like to suggest that the Court take a short recess now so that there will be an opportunity to discuss the matter. I would then make my statement afterwards. I should like to point out now that at the time we were willing to forego the reading of the Indictment, and its being read was not due to our objections. The gentlemen probably were of the opinion that it had to be read as a matter of principle. I shall clarify the question and report immediately.
THE PRESIDENT: What do you say about the reading of the Indictment? Are you making a complaint because the Indictment had been read?
DR. STAHMER: No, no, no.
THE PRESIDENT; The matter stands upon a different footing. The Charter, which is the document which governs the actions of the Tribunal, provided that the Indictment must be read. It does not follow that what is now being suggested is not provided for in the Charter. The only reason why we ruled that every document which the Prosecution wished to rely upon be read in open court was because the Prosecution, at that time, had not found it possible to translate into four different languages every document which it wished to put in evidence and for the convenience and in fairness to the defendants and their counsel. We ordered, as you remember at an earlier stage, that every sentence in a document upon which the Prosecution relied and which we could consider as evidence should be read into the microphone so that it could come to you in German and would appear in the record, in the transcript. That principle no longer applies to the documents which are now put in because they have been translated into four different languages by the Prosecution’s Translation Division. Therefore, in the interest of time, which must be almost equally important to the Defense as well as to everyone else concerned, it seems to the Tribunal that the suggestion which Mr. Justice Jackson has made is a very sound one and you will, of course, be able to comment in any way you think right during the course of your final speeches upon the documents on which you rely, subject to any question of relevancy which may be of real importance. There may be certain documents which may be objected to by the Prosecution, but, as Mr. Justice Jackson said, he will not now raise any question of relevancy, and he is ready to have all these documents referred to in your document book considered by the Tribunal. Remember also, when we approved your documents, we expressly reserved any question of relevancy of particular passages in these documents which you might want to use.
Perhaps it will be appropriate for us to adjourn now and you can discuss the question with your colleagues.
[A recess was taken.]
DR. DIX: Gentlemen of the Tribunal: I was, of course, not in a position to have a vote taken among my colleagues of the Defense on the proposal of Mr. Justice Jackson, for the reason alone that not all Defense Counsel are present here. But I have been able to convince myself that the majority of the Defense Counsel agree with the reasons for what I am going to say, and I have no doubt that all Defense Counsel support the application which I am about to make to the effect that the suggestion of Mr. Justice Jackson should be rejected. But to be correct and loyal I feel obliged to emphasize that naturally every one of the gentlemen is entitled to present his point of view on this question for himself and within the scope of his own subject matter.
And now to the matter itself. The suggestion of Mr. Justice Jackson, especially if it is followed in principle with regard to all the documents which are to be submitted by the Defense, would aim at the introduction of a tremendous volume of documents as subject matter in the Trial without their being made known by oral presentation in open session to the public and thus to the whole world, which is passionately and wholeheartedly interested in this Trial.