Memorandum from Paul H. Gantt, Walter J. Rockler, Edwin M. Sears, and Joseph Stone to Charles S. Lyon-Page 1, March 22, 1948

XIJTER-QFFICE МЕЩШШОМ 22 March 194В TO t Mr. Lyon FROM 8 Paul Щ Gantt Walter J. Rockier Edwin M. Sears Joseph Stone SHBJBGT s Failure of Courtroom Procedure ccs General Taylor Mr. Ragland Mr. Kempner Hr. Hardy Mr. Gaming 1. As everyone must recognise, the rights of the Prosecution in presenting Case Ко. 11 have been steadily attenuated, to the point where the restriction on presentation, amounts to a complete abdication of the Prosecution1 a function. The arbitrary action of the Tribunal is illustrated in fixing a deadline for the completion on the Prosecution* s case at a date well in advance of any previously discussed time, and in steadily re¬ ducing the possibility for comment of any kind, even in reply to objection¬ able statements by Defense Counsel. 2* At the same time, the original assumption under which the Prosecut¬ ion agreed to limit its comments during court sessions, that the indices to the document books would serve to guide the court in lieu of oral correlation by Prosecution attorneys, has also fallen apart. More and more the Tribunal has been making statements such as the following t (l) WI never have looked at the indices to document books yet ; H (Session, Saturday, 20 March, Judge Maquire) (2) “Indices are not evidence and they will be completely dis¬ regarded. M It is true that indices are not evidence $ nevertheless , the Tribunal originally expressed its desire for the fullest possible guides and these have been provided by the Prosecution. 3. e feel that it is incumbent upon Deputy Chief of Counsel in this case , or one of his representatives , to make a statement of the following nature: That the preparation of lengthy indices was undertaken with a view to