11 September 1947 MEMORANDUM TO: Mr. Keenan FROM: F. S. Tavenner, Jr. After giving further thought to the matter of using in the general phase documents as to which the accused could not agree, I cannot recall any instance in the Record where this question was raised prior to the Blakeney incident and I am confident that it was not raised. I do recall, however, that at least one attorney told me at one time or another that where a serious disagreement arose between them regarding the effect of the document, it would be discarded for use in the general phase. I think it was Brooks who said on another occasion to me that on important documents they would take a vote of counsel and would not tender it unless there was a substantial majority in favor of it, and I believe he said ninety per cent. Although I am convinced that the matter has not appeared any place in the transcript, the practice of holding over a few documents to the individual phase where there was a serious difference of opinion has been followed by the accused for a considerable period of time. The instances where this occurred, however, may actually be very few. FRANK S. TAVENNER, JR.