26 Nov. 45

the record. In that way those parts of the documents will be conveyed to defendants' counsel through the earphones in German.

2. In order that defendants and their counsel may have an opportunity of inspecting such documents in their entirety in German, a photostatic copy of the original and one copy thereof shall be deposited in the defendants' counsel room at the same time that they are produced in court.

3. The defendants' counsel may at any time refer to any other part of such documents.

4. Prosecuting counsel will furnish defendants' counsel with 10 copies of their trial briefs in English and five copies of their books of documents in English, at the time such briefs and books are furnished to the Tribunal.

5. Defendants' counsel will be furnished with one copy of each of the transcripts of the proceedings.

That is all. I call upon the prosecuting counsel for the United States.

MR. ALDERMAN: If it pleases the Tribunal; may I make, Mr. President, one inquiry with regard to your reference to trial briefs? On my section of the case I shall not expect to hand up trial briefs to the Court. Whatever I have in the nature of trial briefs will be put over the microphone. I wonder if that is satisfactory?

THE PRESIDENT: I think what I said meets that case.

MR. ALDERMAN: I thought so, yes.

THE PRESIDENT: Because what I said was that the defendants' counsel would be furnished with 10 copies of the trial briefs in English at the same time that they are furnished to the Tribunal. Therefore, if you don't furnish the trial briefs to the Tribunal, none will be furnished to the defendants' counsel.

MR. ALDERMAN: Yes. When the Tribunal rose on Friday last, I had just completed an introductory statement preliminary to the presentation of evidence on the aggressive war aspect of the case. In that introductory statement I had invited attention to the parts of the Charter and to the parts of the Indictment which are pertinent to this aspect of the case. I had also discussed the relationship between recorded history and the evidence to be presented, indicating what sort of additions to recorded history would be made by the evidence contained in the captured documents.

I then indicated to the Court that I would first proceed by presenting singly a handful of captured documents, which, in our opinion, prove the corpus of the crime of aggressive war, leaving no reasonable doubt concerning the aggressive character of the Nazi war, or concerning the conspiratorial premeditation of that war.