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REPORTS, FINDINGS, AND CONCLUSIONS OF ROBERTS COMMISSION, ARMY PEARL HARBOR BOARD, NAVY COURT OF INQUIRY, AND HEWITT INQUIRY, WITH ENDORSEMENTS

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neither the probability nor the imminence of an air attack on Pearl Harbor, and bearing in mind that he had not knowledge of the State  Department's note of 26 November, the Navy's condition of readiness on  the morning of 7 December, 1941, which resulted in the hostile planes being brought under heavy fire of the ships' antiaircraft batteries as  they came within range, was that best suited to the circumstances, although had all anti-aircraft batteries been manned in advance, the  total damage inflicted on ships would have been lessened to a minor  extent and to a degree which is problematical; and, that, had the Fleet  patrol planes, slow and unsuited for aerial combat, been in the air, they might have escaped and the number of these planes lost might thus  have been reduced.

The Court is of the opinion, however, that only had it been known in  advance that the attack would take place on [1204] 7 December, could  there now be any basis for a conclusion as to the steps that might have been taken to lessen its ill effects, and that, beyond the fact that  conditions were unsettled and that, therefore, anything might happen,  there was nothing to distinguish one day from another in so far as expectation of attack is concerned.

It has been suggested that each day all naval planes should have been in  the air, all naval personnel at their stations, and all antiaircraft  guns manned. The Court is of the opinion that the wisdom of this is  questionable when it is considered that it could not be known when an  attack would take place and that, to make sure, it would have been  necessary to impose a state of tension on the personnel day after day,  and to disrupt the maintenance and operating schedules of ships and  planes beginning at an indefinite date between 16 October and 7  December.

Based on Finding XII, the Court is of the opinion that, as no  information of any sort was at any time either forwarded or received  from any source which would indicate that Japanese carriers or other  Japanese ships were on their way to Hawaii during November or December, 1941, the attack of 7 December at Pearl Harbor, delivered under the circumstances then existing, was unpreventable and that when it would  take place was unpredictable.

Based on Finding XIII, the Court is of the opinion that the action of  the Commander-in-Chief, Pacific Fleet, in ordering that no routine,  long-range reconnaissance be undertaken was sound and that the use of  Fleet patrol planes for daily, long-range, all-around reconnaissance was  not possible with the inadequate number of Fleet planes available, and  was not justified in the absence of any information indicating that an  attack was to be expected in the Hawaiian area within narrow limits of  time.

[1206] Based on Finding XIV, the Court is of the opinion that the shore-based air warning system, an Army service under the direct control of  the Army, was ineffective on the morning of 7 December, in that there was no provision for keeping track of planes in the air near and over  Oahu, and for distinguishing between those friendly and those hostile and that, because of this deficiency, a flight of planes which appeared  on the radar screen shortly after 0700 was confused with a flight of  Army B-17s en route from California, and that the information obtained  by Army radar was valueless as a warning, because the planes could not  be identified as hostile until the Japanese markings on their wings came  into view.

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Based on Finding XV, the Court is of the opinion that by far the greatest portion of the damage inflicted by the Japanese on ships in  Pearl Harbor was due to specially designed Japanese torpedoes, the  development and existence of which was unknown to the United States.

Based on Finding XVI. And particularly in view of the Chief of Naval  Operations' approval of the precautions taken and the deployments made by Admiral Kimmel in accordance with the directive contained in the  dispatch of 16 October, 1941, the Court is of the opinion that Admiral Kimmel's decision, made after receiving the dispatch of [1207] 24  November, to continue preparations of the Pacific Fleet for war, was sound in the light of the information then available to him.

Based on Finding XVII, the Court is of the opinion that, although the  attack of 7 December came as a surprise, there were good grounds for the  belief on the part of high officials in the State, War, and Navy  Departments, and on the part of the Army and Navy in the Hawaiian area, that hostilities would begin in the Far East rather than elsewhere, and that the same considerations which influenced the sentiment of the  authorities in Washington in this respect, support the interpretation which Admiral Kimmel placed upon the "war warning message" of 27 November, to the effect that this message directed attention away from  Pearl Harbor rather than toward it.

Based on Findings XVIII and XIX, the Court is of the opinion that  Admiral Harold R. Stark, U.S.N., Chief of Naval Operations and  responsible for the operations of the Fleet, failed to display the sound  judgment expected of him in that he did not transmit to Admiral Kimmel,  Commander-in-Chief, Pacific fleet, during the very critical period 26  November to 7 December, important information which he had regarding the Japanese situation and, especially, in that, on the morning of 7 December, 1941, he did not transmit immediately [1208] the fact that a  message had been received which appeared to indicate that a break in  diplomatic relations was imminent, and that an attack in the Hawaiian area might be expected soon.

The Court is further of the opinion that, had this important information  been conveyed to Admiral Kimmel, it is a matter of conjecture as to what action he would have taken.

Finally, based upon the facts established, the Court is of the opinion  that no offenses have been committed nor serious blame incurred on the part of any person or persons in the naval service.

RECOMMENDATION

The Court recommends that no further proceedings be had in the matter.

ORIN G. MURFIN,
Admiral, U. S. Navy (Ret.),
President.

EDWARD C. KALBFUS,
Admiral, U. S. Navy (Ret.),
Member.

ADOLPHUS ANDREWS,
Vice Admiral, U. S. Navy (Ret.),
Member

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The Court having finished the inquiry, then at 4 p. m., [1209] Thursday,  October 19, 1944, adjourned to await the action of the convening Authority.

ORIN G. MURFIN,
Admiral, U. S. Navy (Ret.),
President.

HAROLD BIESEMEIER,
Captain, U. S. Navy,
Judge Advocate.

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[1] ADDENDUM TO COURT'S FINDING OF FACTS

In the Finding of Facts, No. XVIII, the Court had referred to "certain  other important information" as being available to the War and Navy Departments.  This information was obtained by intercepting Japanese  messages and breaking their diplomatic codes.  The Court has been  informed that these codes are still in use and, if it became known to the Japanese Government that they had been broken by the United States,  the codes would be changed and, as a consequence, the war effort would  be adversely affected.

For this reason, the Court has refrained from analyzing or discussing  the details of the information in its Finding of Facts but feels that  its report would not be complete without a record of such details. The Court, therefore, submits the following record in this addendum and  transmits it to the Secretary of the Navy for filing with other highly secret matter referred to as such in the record of the Court's  proceedings.

Highly secret messages, hereinafter mentioned, were intercepted by the War and Navy Departments during the very critical period 26 November to 7 December, 1941, and prior thereto. The method of handling these messages in the Navy Department was as follows:

The Director of Naval Intelligence and the Director of Naval  Communications operated directly under the Chief of [2] Naval  Operations. They were responsible to see that all messages were  transmitted to him in order that he might be kept conversant at all  times with existing conditions.

Officers in Intelligence and Communications, Divisions of Naval  Operations, remained on duty night and day. They made every effort to obtain all possible diplomatic and military information, in order that high officials of our government might be kept fully informed. 

Messages were translated and placed in a folder immediately upon receipt  or intercept. The important messages were marked with a clip and taken  by a designated officer to the Secretary of the Navy, the Chief of Naval  Operations, the Directors of War Plans, Naval Intelligence, and Naval  Communications, and to the Chief of the Far Eastern Division of Naval  Intelligence. The Director of Naval Intelligence, Captain Wilkinson, kept himself constantly informed regarding all messages. He checked as to whether or not the Chief of Naval Operations had seen the important  ones and in many cases took them personally to the Chief of Naval  Operations and discussed them with him.

Immediately after the receipt of the note of 26 November, 1941, from the  Secretary of State, the Japanese representatives in Washington sent a  message to Tokyo which was intercepted by the Navy Department. This is Document 17, Exhibit 63, which gave Tokyo the following stipulations  contained in the note:

(a) The recognition of Hull's "four principles".

(b) (1) Conclusion of mutual non-aggression treaty between Tokyo,  Moscow, Washington, The Netherlands, Chungking and Bangkok.

[3] (2) Agreement between Japan, United States, England, The Netherlands, China and Thai on the inviolability of French Indo-China  and equality of economic treatment in French Indo-China.

(3) Complete evacuation of Japanese forces from China and all French  Indo-China.

(4) Japan and the United States both definitely to promise to support no regime but that of Chiang Kai-shek.

(5) The abolition of extraterritoriality, the concessions in China, and  other requirements bearing on reciprocal trade treaty, rescinding  freezing orders, stabilization of yen, etc., and for Japan to amend her tripartite pact with Germany and Italy.

The Japanese representatives added in their report to Tokyo, the following:

"Both dumbfounded and stated to Hull we could not even cooperate to the extent of even reporting this to Tokyo."

No information regarding the delivery of this note or of its contents was transmitted to the Commander-in-Chief, Pacific Fleet, or to other commanders afloat.

From 26 November to 7 December, 1941, there was much diplomatic dispatch  traffic intercepted between Tokyo and the Japanese Ambassador in Washington which had a bearing on the critical situation existing and  which was not transmitted to the Commander-in- Chief, Pacific. A message  dated 19 November, 1941, Tokyo to Washington, translated on 28 November, 1941, and referred to as "The Winds Code" was as follows:

"Regarding the broadcast of a special message in an emergency.

"In case of emergency (danger of cutting off our diplomatic relations),  and the cutting off of international communications, the following warning will be added in the middle of the daily Japanese language short wave news broadcast. 

[4] "(1) In case of a Japan-U.S. relations in danger: HIGASHI NO KAZEAME.*

"(2) Japan-U.S.S.R. relations: KITANOKAZE KUMORI.**

"(3) Japan-British relations: NISHI NO KAZE HARE.***

"This signal will be given in the middle and at the end as a weather  forecast and each sentence will be repeated twice. When this is heard please destroy code papers, etc. This is as yet to be a completely  secret arrangement. 

"Forward as urgent intelligence."

The Commander-in-Chief, Asiatic Fleet, on 28 November, 1941, sent to the  Chief of Naval Operations, information to Commander-in- Chief, Pacific  Fleet; Commandant 16th Naval District; and Commandant 14th Naval District, substantially the same information as outlined above. On 5 December, 1941, the United States Naval Attach‚, Batavia, sent to the Chief of Naval Operations substantially the same information. These  messages stated that at some future late information would be sent by  Japan indicating a breaking off of diplomatic relations or possibly war  between countries designated.

All officers of the Communication and Intelligence Divisions in the Navy Department, considering the expected information most important, were on the lookout for this notification of Japanese intentions. On 4 December an intercepted Japanese broadcast employing this code was received in the Navy Department. Although this notification was subject to two interpretations, either a breaking off of

* East wind rain.
** North wind cloudy.
*** West wind clear.

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diplomatic relations between Japan and the United States, or [5] war, this information was not transmitted to the Commander-in-Chief, Pacific Fleet, or to other Commanders afloat.

It was known in the Navy Department that the Commanders-in-Chief,  Pacific and Asiatic Fleets, were monitoring Japanese broadcasts for this code, and apparently there was a mistaken impression in the Navy Department that the execute message had also been intercepted at Pearl  Harbor, when in truth this message was never intercepted at Pearl  Harbor. No attempt was made by the Navy Department to ascertain whether this information had been obtained by the Commander-in-Chief, Pacific, and by other Commanders afloat.

Admiral Stark stated that he knew nothing about it, although Admiral Turner stated that he himself was familiar with it and presumed that  Admiral Kimmel had it. This message cannot now be located in the Navy  Department.

It is a matter of general knowledge that Japan has had for many years a thorough system of espionage throughout the world and continuously sought and received information regarding the location and movements of United States naval vessels. There were certain messages received in the Navy Department which showed very clearly that Japan, at this critical  period, was particularly desirous of obtaining exact information from  two sources, namely, Manila and Honolulu. Messages between Tokyo, Manila, and Honolulu inquiring especially about planes, ships, their  places of anchorage, etc., in the latter ports, were intercepted.  Similar messages were sent to Japanese officials in Honolulu clearly indicating that Japan was most [6] desirous of obtaining exact  information as to ships in Pearl Harbor.

The important messages having special reference to Pearl Harbor were as follows:

(a) On 15 November, 1941, Document 24, Exhibit 63, an intercept from Tokyo to Honolulu, translated in Navy Department, 3 December, 1941, states:

"As relations between Japan and the United States are most critical make your "ships in harbor report" irregular but at rate of twice a week.  Although you already are no doubt aware, please take extra care to  maintain secrecy."

(b) On 18 November, 1941, Document 37, Exhibit 63, an intercept from Tokyo to Honolulu, translated in Navy Department on 5 December, 1941, states:

"Please report on the following areas as to vessels anchored therein:  Area "N" Pearl Harbor, Manila Bay, and areas adjacent thereto. Make your investigation with great secrecy."

Note by Navy Department on this message:

"Manila Bay" probably means "Mamala Bay."

(c) On 18 November, 1941, Document 40, Exhibit 63, an intercept from Honolulu to Tokyo and translated in Navy Department 6 December, 1941, gives information as to ships moored in certain areas in Pearl Harbor  and movements of ships in and out. 

[7] (d) On 29 November, 1941, Document 36, Exhibit 63, an intercept from Tokyo to Honolulu, translated in Washington 5 December, 1941, states:

"We have been receiving reports from you on ship movements but in future will you also report even where there are no movements."

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Admiral Kimmel was not aware of and had no information regarding these  messages.

On 5 November, 1941, Document 7, Exhibit 63, Tokyo to Washington, was  intercepted. This message stresses the necessity of signing an agreement between the United States and Japan by 25 November, 1941.

On 22 November, 1941, Document 11, Exhibit 63, intercept from Tokyo to  Washington, stated that the signing of agreement set for 25 November, 1941, could be postponed until 29 November, and in explanation this  message stated:

"* * * There are reasons beyond your ability to guess why we wanted to settle Japanese-American relations by the 25th, but if within the next  three or four days you can finish your conversations with the Americans;  if the signing can be completed by the 29th, * * * if the pertinent  notes can be exchanged; if we can get an understanding with Great  Britain and the Netherlands; and in short if everything can be finished,  we have decided to wait until that date. This time we mean it, that the  deadline absolutely cannot be changed. After that things are  automatically going to happen. * * *"

No intimation of the receipt of this message was transmitted to the  Commander-in-Chief, Pacific, or to other Commanders afloat, nor was any  information transmitted to them regarding contents of the messages mentioned in the following paragraphs.

[8] On 28 November, 1941, a dispatch, Document 18, Exhibit 63, was intercepted between Tokyo and Washington which in part reads as follows:

"* * * The United States has gone ahead and presented this humiliating proposal—"

referring to note of 26 November—

"* * * the Imperial Government can by no means use it as a basis for  negotiations. Therefore, with a report of the views of the Imperial  Government on this American proposal which I will send you in two or three days, the negotiations will be de facto ruptured. This is  inevitable. However, I do not wish you to give the impression that the negotiations are broken off. Merely say to them that you are awaiting  instructions * * *"

etc.

The message indicates the position of Japan regarding the note of 26 November, and further indicates that within two or three days  negotiations will be de facto ruptured. Further, it emphasizes the  importance of delay. Neither the message nor any of its contents were  transmitted to the Commander-in-Chief, Pacific, or to other Commanders  afloat. 

On 29 November, 1941, Document 19, Exhibit 63, intercept Tokyo to Washington and translated by the Navy Department 30 November, 1941, directs that Japanese representatives make one more attempt to have  United States reconsider and states:

"* * * please be careful that this does not lead to anything like a breaking off of negotiations."

Again, on 30 November, 1941, Document 20, Exhibit 63, an intercept from Washington to Tokyo indicated that negotiations were to be stretched  out.

These two messages indicate that the Japanese were sparring for time.

[9] On 30 November, 1941, Document 22, Exhibit 63, translated by the Navy Department on 1 December, 1941, was intercepted, being

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a message from Tokyo to Japanese representatives in Berlin, reading as follows:

"1. Japan-American negotiations were commenced the middle of April of  this year. Over a period of half a year they have been continued. Within  that period the Imperial Government adamantly stuck to the Tri-Partite  Alliance as the cornerstone of its national policy regardless of the  vicissitudes of the international situation. In the adjustment of  diplomatic relations between Japan and the United States, she has based  her hopes for a solution definitely within the scope of that alliance.  With the intent of restraining the United States from participating in the war, she boldly assumed the attitude of carrying through these  negotiations.

"2. Therefore, the present cabinet, in line with your message, with the  view of defending the Empire's existence and integrity on a just and  equitable basis, has continued the negotiations carried on in the past.  However, their views and ours on the question of the evacuation of  troops, upon which the negotiations rested (they demanded the evacuation of Imperial troops from China and French Indo-China), were completely in opposition to each other.

"Judging from the course of the negotiations that have been going on, we first came to loggerheads when the United States, in keeping with its traditional ideological tendency of managing international relations, re-emphasized her fundamental reliance upon this traditional policy in  the conversations carried on between the United States and England in  the Atlantic Ocean. The motive of the United States in all this was brought out by her desire to prevent the establishment of a new order by  Japan, Germany, and Italy in Europe and in the Far East (that is to say,  the aims of the Tri-Partite Alliance). As long as the Empire of Japan  was in alliance with Germany and Italy, there could be no maintenance of  friendly relations between Japan and the United States was the stand  they took. From this point of view, they began to demonstrate a tendency  to demand the divorce of the Imperial Government from the Tri-Partite  Alliance. This was brought out at the last meeting. That is to say that  it has only been in the negotiations of the last few days that it has [10] become gradually more and more clear that the Imperial Government  could no longer continue negotiations with the United States. It became  clear, too, that a continuation of negotiations would inevitably be  detrimental to our cause.

"3. The proposal presented by the United States on the 26th made this  attitude of theirs clearer than ever. In it there is one insulting  clause which says that no matter what treaty either party enters into  with a third power it will not be interpreted as having any bearing upon  the basic object of this treaty namely the maintenance of peace in the  Pacific. This means specifically the Three-Power Pact. It means that in  case the United States enters the European war at any time the Japanese  Empire will not be allowed to give assistance to  Germany and Italy. It  is clearly a trick. This clause alone, let alone others, makes it  impossible to find any basis in the American proposal for negotiations. What is more before the United States brought forth this plan, they  conferred with England Australia, The Netherlands, and China—they did so  repeatedly. Therefore, it is clear that the United States is now in collusion with those nations and has decided to regard Japan, along with Germany and Italy, as an enemy."

On 1 December, 1941, the Navy Department intercepted a message from  Tokyo to the Japanese Ambassador in Berlin as follows:

"The conversations between Tokyo and Washington now stand ruptured. Say very secretly to Hitler and Ribbentrop that there is extreme danger that war may suddenly break out between the Anglo Saxon nations and Japan and this war may come quicker than anybody dreams. We will not relax our  pressure on the Soviet, but for the time being would prefer to refrain  from any direct moves on the north. Impress on the Germans and Italians  how important secrecy is."

On 1 December, 1941, Document 21, Exhibit 63, was intercepted, being a message from Tokyo to the Japanese Ambassador in Washington which reads  as follows:

"1. The date set in my message #812** has come and gone, and the situation continues to be increasingly critical. However, to prevent the  [11] United States from becoming unduly suspicious we have been advising  the press and

** JD-1: 6710

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others that though there are some wide differences between Japan and the  United States, the negotiations are continuing. (The above is for only  your information).

"2. We have decided to withhold submitting the note to the U.S. Ambassador to Tokyo as suggested by you at the end of your message  #1124***. Please make the necessary representations at your end only.

"3. There are reports here that the President's sudden return to the  capital is an effect of Premier Tojo's statement. We have an idea that  the President did so because of his concern over the critical Far  Eastern situation. Please make investigations into this matter."

On 2 December, 1941, Document 25, Exhibit 63, intercept Washington to  Tokyo, translated by the Navy Department 3 December, 1941, reports that  conversations with the State Department continue; that the Japanese  representatives stated to Welles, the Under Secretary of State, that it  is virtually impossible for Japan to accept new American proposals as  they now stand, and that the Japanese representatives feel that the  United States is anxious to peacefully conclude the current difficult  situation.

On 3 December, 1941, Document 29, Exhibit 63, intercept Tokyo to  Washington, translated by the Navy Department 4 December, 1941, requests  their representatives to explain Japan's increased forces in Indo-China.

On 3 December, 1941, Document 33, Exhibit 63, intercept Washington to  Tokyo, translated by Navy Department 5 December, 1941, states: [12]

"Judging from all indications, we feel that some joint military action between Great Britain and the United States, with or without a  declaration of war, is a definite certainty in the event of an  occupation of Thailand."

On 6 December, 1941, Document 38, Exhibit 63, from Tokyo to Washington,  was intercepted, giving notice to the Japanese representatives that a reply consisting of 14 parts to American proposal of 26 November is  being sent to them, directing that secrecy should be maintained and  stating that the time of presenting this reply would be sent in a  separate message.

The first 13 parts of this reply were intercepted and received by the Navy Department at about 3:00 p.m., December 6, 1941, and were  translated and made ready for distribution by 9:00 p.m., Washington  time, of that date. These 13 parts contain a very strong and conclusive  answer to the note of November 26 and state in part,

"Japan cannot accept proposal as a basis of negotiations."

Commander Kramer, the officer whose duty it was to distribute this class  of information, prior to 9:00 p.m., 6 December, 1941, 'phoned Captain  Wilkinson that an important message had been received and was being  translated. He also tried to communicate with Admiral Stark and Rear  Admiral Turner at their homes but found them out.

At about 9:00 p.m.,Washington time, Commander Kramer proceeded to the  White House with the 13 parts of reply and delivered a copy to a White  House aide, with the request that [13] it be delivered immediately to  the President. Kramer then proceeded to the home of Secretary Knox where  he personally delivered to the Secretary a copy of the Japanese reply.  Secretary Knox read the reply, did not discuss it in detail with Kramer, but 'phoned the Secretary of War and Secretary of State.

*JD-1: 6921.
*** Not Available.

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Kramer then proceeded to the home of Captain Wilkinson and gave a copy  to him. Kramer told Wilkinson that he had tried to get Stark and Turner.  Wilkinson made several 'phone calls, presumably to Admiral Stark and others. This information regarding receipt of these 13 parts or their contents was not transmitted to the Commander-in-Chief Pacific Fleet or  other Commanders Afloat.

Kramer then returned to his office in the Navy Department, arriving  about 12:30 a.m., 7 December, and as no other important messages were at  hand, went home and returned to the Navy Department about 7:00 a.m. Upon  his arrival he found the 14th part of the Japanese reply had been  received and decoded. He then delivered a copy of all 14 parts to the  Flag Secretary in his office of the Chief of Naval Operations at about 9  a.m., where he found several officers gathering for a conference with  Admiral Stark. Kramer then proceeded, about 9:30 a.m., to the White  House and made delivery of the 14 parts of the message. He proceeded  then, at about 9:50 a.m., to the State Department and delivered same to  the Secretary of the Navy, who was there in conference with the  Secretary of State.

At about 10:30 a.m., Kramer returned to the Navy Depart- [14] ment where  he found another message had been translated. This message, an intercept  from Tokyo to Washington, was marked "Urgent, very important" and read  as follows:

"Will the ambassador please submit to the U.S. Government (if possible to the Secretary of State) our reply to the U.S. at 1:00 p.m., on the  7th, your time."

Kramer delivered a copy of this message (hereinafter referred to as the "one p.m. message") to the Flag Secretary of Admiral Stark, the latter  at the time being in conference with several officers.

Kramer then returned to the White House and delivered the "1:00 p.m.  message." From there he went to the State Department where the Secretary of the Navy was still in conference with the Secretary of State. On arrival he requested one of the State Department assistants to present  the message to the Secretary of the Navy and to invite his attention to  the fact that 1:00 p.m., Washington time, meant dawn at Honolulu and  midnight in East Asia.

Admiral Stark had arrived in his office at the Navy Department at some  time between 9:00 and 10:30 a.m., on the morning of 7 December. Although  he testified that he had no information prior to this time relative to the Japanese reply to the note of November 26th he was informed of the  14 parts and "the 1:00 p.m. message" not later than 10:30 a.m., of that  date. He testified that General Marshall 'phoned him and suggested that  the information regarding the delivery of the 14 parts at 1:00 p.m. was most important and significant and, in his opinion, should be  transmitted to Commanders in the [15] Pacific. Admiral Stark at first  demurred and hung up the receiver. Shortly thereafter he 'phoned General  Marshall requesting that, in the event he sent the message to the  Commanding Generals in the Pacific area, he instruct them to relay this  message to naval opposites.

The message which General Marshall sent to the Commanding General, Hawaiian Department (Exhibit 48) reads as follows:

"Japanese are presenting at one p.m. Eastern Standard Time today what  amounts to an ultimatum also they are under orders to destroy their Code machine immediately stop Just what significance the hour set may have we

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