I ask the Tribunal just to imagine what would have happened if, before the presentation of their case by the Prosecution, I had said that I should like to speak about the relevancy of the documents of the Prosecution. I believe that this comparison shows that I should not have thought of proceeding in this way. I shall try, before submitting my documents, to explain their relevancy to a greater extent than I have thought necessary until now. But I ask the Tribunal to grant that I present my case now and to limit the Prosecution to making their suggestions when I submit my documents individually.
SIR DAVID MAXWELL-FYFE: The inconvenience of that course, My Lord, is that I shall then be interrupting Dr. Kranzbühler every two or three documents and making a specific objection to an individual document, which will take a great deal of time. I thought it would be more convenient if I indicated to the Tribunal my objections to the documents in the usual way by classes rather than individually.
I put it to the Tribunal to rule on whatever method they think would be most convenient for them. The last thing I want is to interfere with Dr. Kranzbühler’s presentation; but, on the other hand, the method that he suggests will mean individual objections, because, of course, an objection is useless if it is put in after Dr. Kranzbühler has developed the document. Or, if it is not useless, it is at any rate of very much less weight.
THE PRESIDENT: Dr. Kranzbühler, supposing that Sir David presents his objections to the documents now, whether in groups or in whatever way he likes, and you then answer him individually upon each document, pointing out the relevance in your view of each document; how does it harm you? The Tribunal will then consider your arguments and will rule upon them, and then you will know what documents the Tribunal has ruled out, and you can then refer to any of the other documents in any way you please.
The only object of it and the only effect of it is to prevent the Prosecution’s having to get up and interrupt, put on the earphones, and take the time for an individual objection to each document to which they wish to object as it turns up. I cannot see that it can interfere with you in the least.
FLOTTENRICHTER KRANZBÜHLER: Mr. President, I have no objection to the Prosecution’s stating their objections now. I merely wish to avoid my having to reply to each individual objection. If I am permitted to state my views when each individual document comes up, then I have no objection to the Prosecution’s stating their objections now to individual documents.
THE PRESIDENT: Sir David, the Tribunal would like you to state now your objections to these documents. They will then allow Dr. Kranzbühler to proceed with his discussion of the documents, answering your argument as to the admissibility of each document that you object to when he comes to it.
SIR DAVID MAXWELL-FYFE: If Your Lordship please. Will Your Lordship just allow me a moment to get my papers? I am afraid I have only the Prosecution’s objections in English, but it may help those of the Tribunal who do not understand English to have the numbers, at any rate, in front of them.
My Lord, the first group are documents which the Prosecution submits have no probative value. These are D-53. My Lord, the “D” in this case stands for Dönitz Document Book 53, Page 99; and D-49, Pages 130 and 131; D-51 and D-69.
My Lord, the first of these, D-53, is a letter from a prisoner-of-war camp, purporting to be signed by 67 U-boat commanders and in purely general terms. The Prosecution submits that that is not helpful, either from its form or from its material.