Thursday,
29 August 1946
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I NTERNATIONAL MILITARY TRIB'CJNAL
FOR THE FAR EAST
Chambers of the Tribun~l
War Ministry Building
Tokyo, J apan
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PROCEEDINGS I N CHAMBERS
On an application on behalf of t he
Prosecution under Rule 6b (1) pertaining to
certain docunents of the Internati onal Prosecution Section,
Before:
HON. SIR WILLIAM WEBB ,
Presi C.ent of the Tribunal and
Member from the Cor.unonweelth
of Austre.lia .
Reported by:
John J, Smith
Official Court Reporter
I MTFE
2
Appear ences:
For the Prosecution Sec tion:
MR. FRANK
s.
TAVENNER , JR .
MR . WORTH E. McKINNEY
MR. G. OSMOND HYDE
MR . SOLIS HORVIITZ
For the Defense Section:
MR . WILLIAM LOGAN , JR., Counsel for
the
Accused KIDO , Koichi
MR. MICHAEL LEVIN, Counsel for the
Accused SUZUKI, Teiichi
MR . DAVID F. SMITH, Counsel f or the
Accus ed HIROTA, Koki
MR. R. USAMI, Counsel for the
Accused HIRANUMA , Kiichiro
MR . T. OKAMOT0 Counsel f or the
1
Accused MINAMI, Jiro
For the Off ice of the Gener al Secretary, I MTFE
EDWARD H. DELL , Judge
Legal Adviser to the Secreteri at,
MR . G. WALTER BOWMAN
Clerk of the Court
MR . c. A. MANTZ ,
Deputy Clerk of the Court
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3
II
The proceeding ·wC> s ber un a t 0910 .
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THE PRESIDENT:
This is Paper 379 - ~n
epplication by the prosecution pertaining to certain
documents.
They ask f or permission to introduce
and serve on the Accused copies of certain documents
and copies of excerpts only of cert ain documents in
Japanese and English.
The first of the items appears in Schedule
A.
Is there agreement upon any?
MR. LOGAN:
With respect to Item 1,
Document No. 949 , - thet purports to be a report
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by ARITA which
de~.ls
with the proceedings of the
Privy Council relative to the Anti-Comintern Agreement,
and the prosecution desires to process six
pages .
We would like to have, in addition to the
six pages that pert of his speech beginning on the
fourth line of page 32 and ending on the seventh line
of page 40 , and also that portion beginning on the
second line on page 48 and ending on the lest line of
page
~1,
which makes a total of approximately eleven
adcitional pages.
Those are Japanese documents.
MR. SMITH:
I represent HIROTA, who is
interested in the Anti-Comintern Pact, and we would
I
like to have the entire proceedings of the Privy
"
.
4
Council transl~ted.
e.s
Tha t is all necessary as f ar
the C!efense is concerned.
It has to do with
the Anti-Comintern Agreement and is in the form
of a Tri-Partite Pact.
There is really no occasion
to have only a part of it.
as
It is highly important
far a ~ the Anti-Comintern Pact is concerned,
and we would request that the entire proceedings
be shown .
THE PRESIDENT:
You want the whole 142
pages?
MR . SMITH: Yes, sir .
prosecution should
transl~ te
I think the
it, and not put the
burden on the defense.
THE PRESIDENT:
Mr . Logan is concerned
only with the parts which were contributed by ARITA.
MR . LOGAN:
That is rieht .
know that Mr. Smith intended to
op~ ose
I did not
this appli-
ca tion.
MR . TAVENNER:
Pages
the proceecings of the Privy
32 to 90 deel with
Counc~l.
I do not recall
what the rest of the 142 pages are, without looking
at the document ,
It is in J apanese, and there is
no way for me to tell until I l ook at it,
The
chances are that it relates to agr ecmsnts that are
not pert of the actual minutes of the proceecings .
In fact, there is no sense to have the
docu~ent
cnt1re 1y,. and I ask the right to introduce excerpts .
MR . SMITH&
Your notion says it r el etes
to the Anti-C omintern Peet .
MR. TAVENNER:
Yes, pages 32 to 90.
The book i s 1A2
~
pages, and we were asking for
the statement made by ARITA .
THE PRESIDENT:
But you ar e tendering
it against HIROTA?
trn , TAVENNER:
Yns , sir, against all the
cefendants .
THE PRESIDENT:
heard,
You are entitled to be
You really wnnt the whole of the document,
Mr, Smith,
I nm afraid I will
before coming to a conclusion,
h~ve
to l ook at it
Can you give any
reason why it should not be included, Mr . Tavenner?
MR . TAVENNER :
Yes , the feet is tha t it
is not material to the matters the pr osecution
c
desires to i ntroduce in evidence .
I dislike very
much to have the burcen of processing the
~v idence
that the defense desires t o rely upon , particularly.
THE PRESIDENT:
You have the burden of
proof, and you have the whole document .
You have
the burden of getting excerpts.
MR . TAVENNER:
If your Honor desires it,
I will review this document, and will l ook at the
entire 58 pages, so as to advise you mor e accurately
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what the document contains .
MR . LEVIN :
Mr . President :
It does s eem
t o me that wh ere a document is being offered by t he
pros ecution t hat the defense will desire all of it,
even though the burden of transl at ing might be on us.
It seems to me that t his phas e of it is a mechanical
Pha s€ , especially if he desires it,- then the whole
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doctunent should be translat ed at one time.
It is not
us t hough we ar e t wo adverse par ti es , wher e one person
expects the expens e should be attributable to the
other party involved .
In that res pect, this case is
a sort of a joint funct i on , and it would be a saving
of time and effort to have the whol e thing.
THE PRESIDZi'T :
We
must have a just trial
a nd s ee that the Japanese get a just trial, and we
must produce the mat erial on which the case will be
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bas€d.
It is most difficul t t o get int erpr et ers
a nd translators, Mr . Levin.
MR . SMITH s Permit me to make an obser vation.
The pros ecution makes excerpts and takes
a bar e skel eton.
He has made the investigation , and
puts the burden on us to translat e the entir e document
in order that the Court gets the book.
It is not
pr ocessed, and we have the burden of translating it.
MR. HORWITZ :
I t hink ther e is a different
point in connection with the applicat i on.
It
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is the question of thG mechanical work in connection
with the translation.
The application goes to the
matter of how much of the Japanese should be pr oces sed.
Und er Rule 6 b (1), the document being in Japanes e , it
would be sufficient to merely transl ate the portion of
the document we wish.
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That is Rul e 6 b (1 ).
The quas -
tion is how much Japanes e shall be processed , how much
transl at i on will be nec essary for the prosecution.
THE PRSSIDENT:
This is Japanes e into
English and English into Japanese?
MR . HORWI?Z:
Yes , sir .
THE PRFSIDENT :
much .
sel .
They have Japanes e and American defense counI am inclined to l eave it at eight pages and tho
six pages .
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I do not think it matters
The Japanese couns el can transl ate what is
not included i n the exc er pt , and s ee how far they require addi tional material.
You have not transl ated it,
Mr . Smith , and you do not know what additional mat er i al you might need?
.MR . SMITH :
No, sir .
THE PRESIDENT :
You are making an argument
that i t will be r el evant to your def ens e?
MR . SMITH:
Yes, sir .
With the knowl edge
I now poss ess, I thi nk everything in it will be
r el evant .
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THE PRESIDENT & Mr. Logan has had the
advantage of perusing it, and knows what mat erial
he nveds.
The pros ecution wants those six or
e ight pages , and I do not think I shall go into
the matt er and f orm a
jud ~ne nt .
I will grant it
mys elf.
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MR.
L~'VIN s
I
s u g~e st
that, in view of
your Honor's sta t ement, possibly a perusal by the
Japanose couns el of the balanc e of this document,
a nd aft er the entry of the formal order, if it
ap pears that any portion of that is
d ~ sirable,
we
must request that vie hove it translat ed and proc ess ed, and that we must make an application and
r e quest that information.
MR. TAVENNER :
I got my information
from Mr. USA.MI from the Japanes e document.
THE PRESIDENT:
You cannot say that Mr .
Logan is s eeking something that he is not entitled
to.
MR. TAVENNZTI:
THE PRESIDENTS
the nec essary pa ges?
No , sir .
Mako an order to include
I can do nothing for you,
Mr . Smith, until you have had the Japanes e text
r ead and tell me jus t how much mor e you want .
It may be that you will not want anything more .
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MR. SMI TH :
Honor.
That i s impos sibl e , your
I am in court all day , and have pr a ct i cal ly
no help.
I do not r ead Japanese .
counsel does not speak English .
My Japanes e
Ther e ar e many
things to be done, and the difficulty is enormous .
THE PRESIDENT1 Something should be done
t o r emedy it.
You should have the same assistance
a s any other American counsel.
im .
LEVIN:
The court proceed ings t ak e
a lot of time .
THE PRZS IDENT :
I shall always be pre -
pared to hear any applicat i on .
Aft er the document
has been per used and he has made up his mind .
could never make an or d er in his favor now.
I
I
might order mat erial that may never be us ed becaus e
it is not r el evant .
V/hat about No. 2?
MR . TAVENNER s
on No. 2.
There is no objection
Mr . Smith has not perus ed any of the
document .
MR . SMITH:
I make the s ame r equest .
I
am ver y much concerned with No. 2, and I make the
s ame request .
THE PRESIDENT :
with r espect to It em 2.
Make an order as prayed
10.
/
How about It em 3?
MR. LOGAN:
I believe there is no objection,
THE PRESIDENT :
MR. LOGAN:
Make an order, as prayed.
Item 4.
I would like to
have the complete statement, which is very short.
It is only one page.
The prosecution has taken
one paragraph,
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THE PR3S IDsNT:
Order, as prayed, with
the addition Mr, Logan r equest ed .
MR. TAVENNERi
There is no objection
on Item 5.
THE PRESIDENT:
Ord er on It em 5 grant ed
as prayed ,
(Whereupon, at 0925, the proceeding was
concluded.)
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