30 Nov. 45

counsel cannot understand, since they do not have complete mastery of English.

As I have already submitted this complaint to the Prosecution in writing, may I ask the Tribunal to reach a decision in this matter as soon as possible.

THE PRESIDENT: Have you finished?


MR. JUSTICE JACKSON: It is quite correct that the name of the witness who is to be used today was given to the press. The question of our policy as to giving witnesses' names was submitted to me last night after Court recessed, because we had not been using witnesses heretofore; and I then stated to Colonel Storey that witnesses' names must not be given to the Defense Counsel for security reasons.

He communicated that, I believe, to Doctor Dix. I found that later it had been given to the press. They, of course, have had adequate information therefore as to this witness. However, I am speaking about the policy. We cannot be under an obligation to inform these counsel of the names of witnesses who will be called who are here in Nuremberg, but not in prison; the situation does not permit of that. Neither can we furnish transcripts of testimony or that sort of thing of witnesses in advance.

Now we want to give the Defense Counsel everything that, in the fair conduct of the Trial, they ought to have. They are now receiving much more than any citizen of the United States gets on trial in the courts of the United States in some respects, as to advance information and copies and help and service, and I do think that to ask us to disclose to them in advance either the names or substance of testimony--oftentimes the substance would disclose the witness--would not be proper. It was stated yesterday that we would take up a witness today.

THE PRESIDENT: We have already heard two of the counsel?' on behalf of the Defense. Have .you anything to add which is different to what they have said?

DR. DIX: Yes, I believe I can explain a misunderstanding and clarify the whole problem.

Mr. President, as far as I am informed--I do not know what was discussed in my absence--the situation is this:

Though discussions took place, no agreement was reached between the Prosecution and the Defense. There is, as Your Lordship knows, only a decision of the Tribunal regarding documents; that decision is known and I need not repeat. As far as witnesses are concerned I think I may assume that we are all agreed that the