Wednesday, 12 December 1945

Morning Session

THE PRESIDENT: The Tribunal will adjourn this morning at 12:30 for a closed session and sit again at 2:00 o'clock.

MR. DODD: May it please the Tribunal, I should like to report to the Tribunal this morning with reference to the questions which arose yesterday afternoon concerning three documents.

After adjournment we found that Document 2220-PS was in the defendants' Information Center in photostatic form, and that the two other documents, being respectively two entries from the Frank diary, were also there but in a different form. The Frank diary consists of some 40-odd volumes which we, of course, were not able to photostat, so we had placed instead in the defendants' room the excerpts. As a matter of fact, we had placed the entire document book there.

DR. ALFRED SEIDL (Counsel for the Defendant Frank): Yesterday the Prosecution submitted documents concerning the Defendant Frank; the numbers are 2233(a)-PS and 2233(b)-PS, which were presented as Exhibits USA-173 and USA-174. These are not ordinary documents, but excerpts from the diary of Frank. Six weeks ago I applied in writing to have this diary, which consists of 42 heavy, thick volumes, submitted to me. I made this request for the first time on the 2d of September, the second time on the 16th of November, the third time on the 18th of November, and the fourth time on the 3rd of December.

Unfortunately, I have not so far received this diary, and I should like to ask the Tribunal that it be submitted to me as soon as possible, not least because this material was surrendered by the Defendant Frank himself to the officers who arrested him and was to be used as evidence for his defense.

I am of course not in a position to work through all this material in a few days, and I should like to ask the Tribunal that this diary be put at my disposal without delay.

In this connection I should like to call the attention of the Tribunal to another matter. The Tribunal has already approved that the four long speeches which the Defendant Frank delivered in Germany in 1942 and which led to his dismissal by Hitler from