INTERNATIONAL PROSECUTION SECTION 9 September 1947 MEMORANDUM To: Mr. Frank S. Tavenner, Jr. FROM : D. N. Sutton SUBJECT: Ruling of the Court on Defense Evidence of Communism in China. Mr. Cunningham, in Subdivision 2 of Phase III of the case ?Çô Boycott Anti-Japanese Activities and Communistic Activities in China ?Çô tendered numerous documents on 29 and 30 April which had to do with Communistic activities in China. The principal arguments on the subject, made by Mr. Comyns-Carr, Mr. Cunningham and Mr. Logan, appear at R. 21,069 to R. 21,081. The decision given by the Court at page 21,081 is as follows: ?Ç£The Tribunal is of the opinion that no evidence of the existence or spread of Communism or of any other ideology in China or elsewhere is relevant in the general phases. Evidence of an actual attack on Japanese nationals or property by Chinese Communists or any other Chinese may be given in justification of Japan?ÇÖs acts. ?Ç£When the accused come to give evidence, they may tender their fear of Communism in explanation of their acts. * * *?Ç¥ Sundry documents were thereafter offered by Mr. Cunningham, practically all of which were rejected by the Court, R. 21,081 to R. 21,113. The Court made an additional ruling on 30 April, 1947, R. 21,115, which is as follows: ?Ç£THE PRESIDENT: In addition to the documents which the Court indicated yesterday it would receive, namely, documents which were evidence of actual attacks by Communists and others on Japanese nationals and property, the Court has decided to receive evidence of threatened attacks of that character, namely, where the threat is of a serious nature, where it is imminent, and where the persons making it have present ability to give effect to it ?Çô where they have the ability to execute it.