Memorandum to Mr, Tavenner - continued: 2. stand concerning the three different versions of the preamble to the Tripartite Pact could not be true because a comparison of the various drafts shows that they are identical. The Defense now state for the first time that the original draft text prepared by MATSUOKA had been lost and that In his first testimony before the Tribunal SAITO had actually quoted the final version and the MATSUOKA original draft. The reference in the summation to Exhibit 3143 implies that it appears in the SAITO affidavit that the original draft was lost and that he had substituted another version. That is not the case. SAITO's only mention of the preamble appears on page 6 of the Exhibit (T. 27,968) in these words: "This English text was written and proposed personally by Mr. MATSUOKA and German side would only accept it." Finally, it is most significant that when SAITO was cross-examined on this precise point he said nothing at all about the loss of the MATSUOKA draft of about his substitution of the so-called final version In his earlier testimony before the Tribunal. Thus apart from the transparency in the Defense summation the alleged facts of loss and substitution relied upon do not appear In evidence and are, we submit, properly to be dis¬regarded. MISLEADING ARGUMENT 1) Summation document 3101-E. Page 16; 3101-K. Pages 6-7. In attempting to minimize the importance of SHIRATORI's writings and lectures, the Defense have laid great stress on the allegedly small circulation of periodicals in which his articles appeared and the small audiences before which he spoke. It Is misleading we submit to cite as examples the cir¬culation of the magazine "Diamond* or the magazine "Dai-Asia-Shugi" without identifying those articles as Parts IV and VI of Exhibit 2234. With that knowledge it becomes clear that the articles were republished and enjoyed additional circulation in Exhibit 2234, which is a collection of SHIRATORI's articles and lectures in book form. It is also to be noted that the Defense have carefully refrained from noting the circulation received by Part Vii of Exhibit 2234 when it was originally published in one of the leading Japanese newspapers, the Asahi Shimbun. The inclusion of lectures in Exhibit