THE PRESIDENT: What was the date of TC-72?
MAJOR BARRINGTON: TC-72, Number 14, was the 28th of April 1939.
THE PRESIDENT: Yes.
MAJOR BARRINGTON: And on the footing that the two countries unconditionally renounced, the use of force on the basis of the Kellogg Pact, added to the fact that the Defendant Ribbentrop has himself said that during 1938 Germany was on very good terms with Poland. And also there was a declaration made by Germany and Poland on the 5th of November 1937 about minorities—that is Number 123 in this list of documents; it occurs at the top of Page 4 in the note. In view of these things, the Prosecution says that the accounts of these and reports of these incidents and minority problems are irrelevant and very old history.
I think perhaps I might...
THE TRIBUNAL (Mr. Biddle): You have them all cumulative or irrelevant starting with 76. You mean the cumulative?
MAJOR BARRINGTON: Well, I am afraid to say, Your Honor, this was originally got out purely as a working note, and that is rather an error. It should be irrelevant on account of TC-21.
THE PRESIDENT: Yes.
MAJOR BARRINGTON: My Lord, I was going to say that perhaps I might anticipate an objection that Dr. Horn has been good enough to tell me that he will make to this, that yesterday he contended that certain incidents before Munich had been condoned by the Munich Agreement, and that the argument I have just put up is on the same lines as that which the Tribunal turned down yesterday.
But, of course, there is this difference, that the Munich Agreement was negotiated in ignorance of the Fall Grün and that, from the point of view of condoning previous incidents, it is not on the same footing as an agreement negotiated in full knowledge of the circumstances.