[Turning to the witness.] You see, this document is dated 31 January 1940; and it refers to the sinking of three neutral ships, the Deptford, the Thomas Walton, and the Garoufalia. The document is in three parts. It first sets out the facts as they were known to you. The second part is a note to the Foreign Office, and the third is a draft reply for your Foreign Office to send to the neutral governments; and if you look at the end of the document you will see “IA”; it emanates from your department.
“It is proposed in replying to Norwegian notes to admit only the sinking by a German U-boat of the steamship Deptford, but to deny the sinking of the two other steamers.”
Would you follow it.
“According to the data attached to the notes presented by the Norwegian Government, the grounds for suspecting a torpedo to have been the cause of the sinkings do in fact appear to be equally strong in all these cases. According to the Norwegian Foreign Minister’s speech of 19 January, the suspicion in Norway of torpedoing by a German U-boat appears, however, to be strongest in the case of the steamship Deptford, whereas in the other two cases it is at least assumed that the possibility of striking mines can be taken into account; this is considered improbable in the case of the steamship Deptford, because other vessels had passed the same spot.
“The possibility that the steamship Thomas Walton struck a mine can be supported, since the torpedoing occurred towards evening and nothing was observed, and also because several explosions took place in the same area owing to misses by torpedoes.
“In the case of the steamship Garoufalia, a denial appears expedient, if only because a neutral steamer is concerned, which was attacked without warning. Since it was attacked by means of an electric torpedo, no torpedo wake could be observed.”
Do you say in the face of that that you did not deceive the neutrals? That is the advice you were giving to the Defendant Raeder as his staff officer, is it not?
WAGNER: This memorandum did not emanate from me; it emanated from “Iia.”
COL. PHILLIMORE: Where does it originate?
WAGNER: That is the assistant of the expert on international law.