RAEDER: Admiral Cunningham came to Berlin, to this friendly negotiation which had been provided for in the agreement. On that 30 December we arranged with him that from now on, instead of 45 percent, 100 percent would be built.

THE PRESIDENT: Was that an oral arrangement or a written one?

RAEDER: It was a conference between the Chief of Staff of the Naval Operations Staff and Admiral Cunningham, and certain other individuals, but I cannot remember the details. However, I am pretty certain that minutes were taken.

THE PRESIDENT: Go on.

DR. SIEMERS: Mr. President, unfortunately, I have not been able to trace any written evidence. I only know from Exhibit Number Raeder-11, that is the agreement of 1935, that Germany could increase the tonnage, and the agreement of ’37, that Germany had the duty to give notification. Generally, notification is only in writing in diplomatic relations, although, in my opinion, it was not necessarily a duty in this case. Negotiations, as the witness said, did take place.

RAEDER: May I, perhaps, add that apart from the submarine problem, the question of two heavy cruisers, which we had originally dropped, was also settled. We only wanted to build three for the time being; and now we were asking for assent to build the other two, to which we were entitled. That was also agreed upon in accordance with the agreement.

DR. SIEMERS: Document C-140 was put before you yesterday; it is USA-51. You will find it in the British Document Book 10a on Page 104. I want to put one sentence from that document to you again, which has not been quoted by the Prosecution, neither in November nor yesterday. It appears under Figure 2-c. There is the following statement—I want to add that this is the question of sanctions and the possible preparation of a defense against sanctions in 1935. I quote from 2-c: “For the time being I prohibit any practical preparations.”

Witness, I want to ask you...

THE PRESIDENT: That is not 10a, 104.

DR. SIEMERS: Mr. Elwyn Jones has just been kind enough to point out to me the English translation. It appears from it that—as I have also the English translation before me—that there are two documents C-140; one has one page and the other has two. One has not got a heading and is dated, Berlin, 25 October 1933. In my opinion it is the document...