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Parent Trial Update on the Soviet Phase
Date 26 May 1947
Language English
Collection Tavenner Papers & IMTFE Official Records
Box Box 4
Folder General Reports and Memoranda from May 1947
Repository University of Virginia Law Library
26 May 1947 Honorable Joseph B, Keenan 520 Woodward Building Washington, D. C. Dear Mr. Keenan: I am glad to report that it is virtually certain that we will complete the Soviet phase by May 30 as practically all of the documents for this week's work have been served on us, thereby releasing defense facilities for the processing of documents for the succeeding phase. It does not now appear that a breakdown is likely to occur at the end of the Soviet phase. You have been informed by Mr. Mahoney that defense counsel have indicated that they may be able to put on two sections of the Pacific phase of the case before the request for a recess is made. These sections, we are told, deal with economic matters and the Tripartite Pact and are likely to consume two or three weeks of time. The defense were saved from a breakdown last week as a result of time consumed in cross-examination. Had such a breakdown occurred, I would have made a statement along the lines indicated in the attached paper. I think a similar statement should be made by the prosecution when the request for recess is finally made by the defense. In view of the great mass of material and the great number of witnesses which the defease intended to offer during that part of the general phases already covered, I feel quite satisfied with having com¬pressed it within the period of three months. I an alarmed, however, over the prospects for the future. If each accused took only one day for his testimony it would require a month of tine. If they consume an average of ten days for each accused as some defense counsel think, it would require ten months to complete the individual phase. Minami was on the stand four and a half days and his affidavit was vary inadequately drawn. I think an estimate of six or seven days on the average would be vary conservative, which means that we could not expect to finish with the accused themselves in less than six or seven months. This estimate does not include the time to be consumed by such witnesses as they produce in their behalf. Logan's prediction that it will take mere than one year to complete the entire case is not without some foundation. This is alarming indeed, but I do not know what we can do about it. Certainly we have resorted to every possible device up to the present time in pressing the defense and in reducing the length of the trial.