23 Nov. 45

have established that some of the documents submitted by the Prosecution yesterday were not quoted in their entirety, nor were they presented in substance. My question now is: Shall the contents, the entire contents, of all the documents which were presented to Court form the basis for the Court's decision, even in cases where the Prosecutor who presented the documents did not refer to their contents?

In other words, must we consider all of the documents presented in Court--including those the contents of which were not verbally referred to--as a basis for the judgment and, consequently, should they be examined with a view to determining whether the defendants wish to raise any objections?

Finally I wish to ask the Tribunal whether the entire contents of all the documents which were submitted to the Court yesterday, and which may possibly be submitted in the future, are to be understood by 'us as a basis for judgment even if the Prosecution does not present them word for word or in substance or refer to them in any other way.

THE PRESIDENT: Every document, when it is put in, becomes a part of the record and is in evidence before the Tribunal, but it is open to the defendants to criticize and comment upon any part of the document when their case is presented.

DR. DIX: Thank you. The question is clarified herewith.

THE PRESIDENT: There are three announcements which I have to make on behalf of the Tribunal; and the first is this:

What we propose that the Tribunal shall not sit on Saturday morning in this week, in order that defendants' counsel may have more time for the consideration of the documents and arguments, which have been made up to that time. That is the first matter.

The second matter is that the Tribunal desires that all motions and applications shall, as far as practicable, be made in writing, both by the Prosecution and by the Defense. There are occasions, of course, such as this morning when motions and applications for the purposes of explanation, are more conveniently made orally, but as far as practicable, it is the desire of the Tribunal that they shall be made in writing, both by the Prosecution and by the Defense.

And the other matter is an observation, which the Tribunal desires me to make to the Prosecution, and to suggest to them that it would be more convenient to the Tribunal and possibly also to the Defense, that their briefs and volumes of documents should be presented to the Tribunal before Counsel speaking begins that branch of the case, so that the brief and volume of documents should be before the Tribunal whilst Counsel is addressing the Tri-