THE PRESIDENT: Where is it?
COL. PHILLIMORE: My Lord, it was the only new document that Sir David Maxwell-Fyfe put in in cross-examination.
[Turning to the witness.] Would you look at the third paragraph:
“The Navy has arrived at the conclusion that the maximum damage to England can be achieved with the forces available only if the U-boats are permitted an unrestricted use of arms without warning against enemy and neutral shipping in the prohibited area indicated on the enclosed map.”
Do you still say that you did not intend from the start of the war to sink neutral shipping without warning as soon as you could get Hitler to agree to let you do so? Do you still say that?
WAGNER: Yes, absolutely. In this document, in the first paragraph, it says:
“In the attached documents sent to the Navy by the OKW the question of unrestricted U-boat warfare against England is discussed.”
I cannot judge these documents if they are not submitted to me.
COL. PHILLIMORE: You were in the general staff at that time. You were in charge of the Department IA. This point of view must have been put forward by your department?
WAGNER: Yes. I have said already that we had decided, after consulting with the Foreign Office, to adhere strictly to the London Agreement until we had proof that English merchant shipping was navigated militarily and was being used for military purposes. Here we are apparently concerned solely with information, with an exchange of opinions with the Foreign Office...