23 Nov. 45

lawyer is held to a reasonable knowledge of the law, and a layman is held to an absolute knowledge of all the laws. It works inversely as to facts, or facts of common knowledge. There, the judge is imputed to know all of those facts, however many of them he may have forgotten as an individual man. So one of the purposes of this presentation will be to implement the judicial knowledge which by hypothesis exists, and which probably actually exists.

It is not our purpose however, to convert the record of these proceedings into a history book. The evidence which we offer in this case is evidence which for the moment has been concealed from historians. It will fill in recorded history, but it must be read against the background which common knowledge provides. The evidence in this case consists primarily of captured documents. These documents fill in the inside story underlying the historical record which we all already knew. This evidence which we will offer constitutes an illustrative spot check on history--on the history of the recent times as the world knows it. The evidence to be offered is not a substitute for history. We hope the Tribunal will find it to be an authentication of history. The evidence which we have drawn from captured documents establishes the validity of the recent history of the past 12 years--a history of many aggressions by the Nazi conspirators accused in this case.

As I offer to the Tribunal document after document, I ask the Court to see in those documents definite additions to history, the addition of new elements long suspected and now proved. The elements which the captured documents on this particular aspect of the case will add to recorded history are the following:

(1) The conspiratorial nature of the planning and preparation which underlay the Nazi aggressions already known to history;

(2) The deliberate premeditation which preceded those acts of aggression;

(3) The evil motives which led to the crimes;

(4) The individual participation of named persons in the Nazi conspiracy for aggression;

(5) The deliberate falsification of the pretexts claimed by the Nazi aggressors as the reasons for their criminal activities.

These elements the captured documents will demonstrate beyond possible doubt, and these elements, in the context of historical facts, we think are all that need to be shown.

The critical period between the Nazi seizure of power and the initiation of the first war of aggression was a very short period. This critical period of a lawless preparation and illegal scheming which ultimately set the whole world aflame was unbelievably short. It covered only 6 years, 1933 to 1939. The speed with which