23 Nov. 45

1. That the Tribunal direct the Prosecution to submit a list of all documents which will be placed before the Court during examination;

2. To instruct the Prosecution to make available to the defendants and their counsel--at the latest on the day when documents are being presented to the Court--a copy of the German text; and

3. That the main proceedings be suspended until the Prosecution is in a position to comply with these requests. Otherwise, I, at least, will not be able to proceed with the defense.

THE PRESIDENT: Colonel Storey, or Counsel for the Prosecution, will you say what answer you have to make to this objection?

COL. STOREY: If the Tribunal please, in the first place practically every document referred to by Major Wallis is a document of which the Court would take judicial knowledge. In the second place, a list of documents was filed in the Defense Information Center on November 1st. I am not sure as to whether all of these or a part of them were included. In the third place each attorney presenting each segment of the case sends down to the Defense Information Center a list of the documents which he proposes to offer in evidence upon his presentation. In the fourth place, I wonder if the Tribunal and Defense Counsel realize the physical problems that are imposed? I am informed that copies of these documents in English, as well as copies of the briefs, were delivered either last night or this morning in defendants' Information Center. Lastly, other presentations that follow--we will abide by the Tribunal's request: namely, that prior to the presentation the Court will be furnished with these document books, with these briefs, and Defense Counsel will also be furnished with them in advance. The weekend will permit us to do that.

THE PRESIDENT: The Tribunal thinks that the Trial must now continue without any adjournment, but that in future as soon as possible the Defendants' Counsel will be furnished with copies of the documents which are to be put in evidence.

DR. ROBERT SERVATIUS (Counsel for Defendant Sauckel): I should like to present the following: The documents are presented to the Court also in an English translation. An examination of these translations should be made available to the Defense. I point out particularly that the translation of technical terms could possibly lead to misunderstandings. Moreover, the documents are provided with an introductory remark and a table of contents. The Defense should also have opportunity to read through this table of contents and examine it.

I make the motion that these English translations and their preliminary remarks be made available to the Defense.