And there is one other thing I want to bring to their attention. There are 20 or 21 defendants, and naturally, there are a variety of subjects which are common to them all; and there ought to be, therefore, an opportunity, as it appears to the Tribunal, for counsel to divide up the subjects to some extent between them and not each one to deal with subjects which have been dealt with already, any more than they ought to have been dealt with in evidence over and over again; and I do not know whether Counsel for Defense have fully considered that in making this estimate of the time they laid before us.
Anyway, the Tribunal hopes that they will address their minds to these three matters: First of all, as to whether they can submit their speeches for translation in order to help the Tribunal; secondly, whether they will be able, when they have got their speeches written down, to assess the time accurately; and thirdly, whether they cannot apportion the subjects to some extent among them so that we shall not have to listen to the same subjects over and over again.
I do not know whether the Prosecution would wish to say anything. The Tribunal has said, I think, in the order which we made with reference to this question of limitation of time, that they anticipated, that the Prosecution would take only 3 days. Perhaps it would be convenient to hear from the Prosecution whether that is an accurate estimate.
SIR DAVID MAXWELL-FYFE: Yes, My Lord, the Prosecution do not ask for any more than the 3 days. It might conceivably be a little less, but we do not ask for any more than the 3 days.
MR. JUSTICE JACKSON: I should like, Your Honor, to call your attention to this. I hope it is not expected that we will mimeograph and run off on our mimeograph machines, 20 days of speeches or anything of that sort. We simply cannot be put under that kind of a burden. I think it is—a citizen of the United States is expected to argue his case in the highest court of the land in one hour, and counsel’s own clients here have openly scoffed at the amount of time that has been asked. This is not a sensible amount of time to give to this case, and I must protest against being expected to mimeograph 20 days of speeches. It really is not possible.
THE PRESIDENT: The Tribunal would like to know whether the Prosecution intend to let them have copies of their speeches at the time that they are delivered.
SIR DAVID MAXWELL-FYFE: As far as the closing speech of the Attorney General is concerned, we certainly did expect and hope to give the Tribunal copies of the speech.
THE PRESIDENT: And translations?
SIR DAVID MAXWELL-FYFE: Yes, that will be done. My Lord, I just wondered, out of optimism—it was Dr. Nelte who said that it would take a long time to translate. I know, as far as translating into English is concerned, we had the problem of a 76-page speech the other day, and that was done by our own translators in one day. So I hope that perhaps Dr. Nelte has been a little pessimistic about that side of the problem.
THE PRESIDENT: The Tribunal will consider the matter.