“To avoid unnecessary translations Defense Counsel shall indicate to the Prosecution the exact passages in all documents which they propose to use in order that the Prosecution may have an opportunity to object to irrelevant passages.
“In the event of disagreement between the Prosecution and the Defense as to the relevancy of any particular passage, the Tribunal will decide what passages are sufficiently relevant to be translated. Only the cited passages need be translated unless the Prosecution require translation of the entire document.”
That rule has not, for very likely sufficient reason, been able to be carried out, and therefore certainly the Tribunal have not got the translations, and they understand that the Prosecution have not got, at any rate, all the translations. The difficulty which has arisen, the Tribunal thinks, is in part, at any rate, due to that fact.
The Tribunal, in citing that order of 8 March 1946, on 22 March 1946, said this:
“In considering the matters which have been raised this morning the Tribunal has had in mind the necessity for a fair trial and at the same time for an expeditious trial, and the Tribunal has decided that for the present it will proceed under rules heretofore announced, that is to say:
“First, documents translated into the four languages may be introduced without being read, but in introducing them counsel may summarize them or otherwise call their relevance to the attention of the Court and may read such brief passages as are strictly relevant and are deemed important.
“Second, when a document is offered the Tribunal will hear any objections that may be offered to it.”
In this connection the Tribunal then went on to read the order of 8 March, which deals with translations.
Now, in the present case, the translations not being in the hands of the Tribunal or of all the prosecutors, it has been impossible for the prosecutors to make their objections and impossible for the Tribunal to rule upon the admissibility of the documents. Therefore, it is natural that the Prosecution have objected to the Defense reading from documents which they had not seen.
The Tribunal understands that the translations of these documents of Dr. Horn’s will be ready tomorrow. They hope, therefore, that the order which I have just read will be able to be carried out tomorrow, and they propose for the present, and if the order is reasonably and fairly carried out by Defense Counsel, to adhere to it. They would draw the attention of the defendants’ counsel again to the first paragraph of the order and would remind them that they must adhere strictly to that order: