CONTENTS

One Hundred and Sixty-third Day, Tuesday, 25 June 1946,

Morning Session 1

Afternoon Session 37

One Hundred and Sixty-fourth Day, Wednesday, 26 June 1946,

Morning Session 79

Afternoon Session 115

One Hundred and Sixty-fifth Day, Thursday, 27 June 1946,

Morning Session 149

One Hundred and Sixty-sixth Day, Friday, 28 June 1946,

Morning Session 179

Afternoon Session 211

One Hundred and Sixty-seventh Day, Saturday, 29 June 1946,

Morning Session 244

One Hundred and Sixty-eighth Day, Monday, 1 July 1946,

Morning Session 274

Afternoon Session 308

One Hundred and Sixty-ninth Day, Tuesday, 2 July 1946,

Morning Session 339

Afternoon Session 362

One Hundred and Seventieth Day, Wednesday, 3 July 1946,

Morning Session 393

Afternoon Session 426

One Hundred and Seventy-first Day, Thursday, 4 July 1946,

Morning Session 458

Afternoon Session 496

One Hundred and Seventy-second Day, Friday, 5 July 1946,

Morning Session 516

Afternoon Session 546

One Hundred and Seventy-third Day, Monday, 8 July 1946,

Morning Session 575

Afternoon Session 614

ONE HUNDRED AND SIXTY-THIRD DAY

Tuesday, 25 June 1946

_Morning Session_

[_The Defendant Von Neurath resumed the stand._]

DR. OTTO NELTE (Counsel for Defendant Keitel): Mr. President, I should

like to advise the Tribunal that the first half of the manuscript of my

final defense speech in typescript will be ready tomorrow and the second

half by next Saturday. I am sorry to say that I personally can furnish

only eight copies, six of which are earmarked for the interpreters to

facilitate their difficult task. I am sorry that I could not furnish

more copies since I personally have no mimeographing machine. I hope the

Tribunal will appreciate the fact that after the statement made by the

chief prosecutor for the United States on Friday, I cannot make any

claims on the technical assistance of the Prosecution.

Therefore, I am asking the Tribunal to decide whether it would be worth

while, in order to expedite the presentation, to have the translation of

my speech put before them. In this event I would request that the

necessary arrangements be made. I am prepared to place my manuscript at

the disposal of the Tribunal, under the conditions announced by you, Mr.

President. What applies for me personally would, so far as I am advised,

apply also for the rest, at least for the majority of Defense Counsel.

In order to expedite the proceedings and to reduce the time spent on the

presentation of the final defense speeches, it is important to have this

point clarified.

THE PRESIDENT: Dr. Nelte, if you would hand in the manuscript to which

you have referred, the Tribunal will make arrangements to have it

translated into the various languages. I think that will meet the

position so far as you are concerned.

DR. NELTE: Yes.

THE PRESIDENT: The Tribunal has an announcement upon the subject, which

I am about to read. The announcement is this:

“In view of the discussion which took place on the 13th of June

1946, on the question of time to be taken by Defense Counsel,

the Tribunal has given the matter further consideration.

“When the Defense Counsel stated the time they wished to take,

the Tribunal observed that some of the defendants required more

time than others, and to this extent they did make an

apportionment among themselves. The Tribunal feels that the

suggested times are much too long and some voluntary restriction

should be made.

“Except as to a few of the defendants whose cases are of very

wide scope, the Tribunal is of the opinion that half a day to

each defendant is ample time for the presentation of his

defense; and the Tribunal hopes that counsel will condense their

arguments and limit themselves voluntarily to this time. The

Tribunal, however, will not permit counsel for any defendant to

deal with irrelevant matters or to speak for more than one day

in any case. Four hours will be allowed at the beginning for

argument on the general questions of law and fact, and counsel

should co-operate in their arguments in such a way as to avoid

needless repetition.”

As heretofore stated, the Tribunal would like to have a translation of

each argument in French, Russian, and English submitted at the beginning

of the argument. Counsel may arrange for the translation themselves if

they so desire; but if they will submit copies of their arguments to the

translating department as soon as possible and not less than 3 days in

advance of delivery, the translation will be made for them and the

contents of the copies will not be disclosed.

That is all.

Yes, Dr. Lüdinghausen.

DR. OTTO FREIHERR VON LÜDINGHAUSEN (Counsel for Defendant Von Neurath):

Last night we had stopped in our treatment of the various points raised

by the Prosecution. I should like to continue now and to put the

following question to you, Herr Von Neurath.

The Prosecution is charging you with the fact that in the Protectorate

Germans had a preferential position as compared with Czechs and that you

were responsible for that. Will you please comment on this?

CONSTANTIN VON NEURATH (Defendant): The position of Germans in the

Protectorate was not a preferential position which was vested with any

real preferences and advantages as compared with the Czechs, but it was

an entirely different position. The Germans had become citizens of the

Reich and, therefore, had the rights of Reich citizens, such as the

right to vote in Reichstag elections. The Czechs did not have this right

to vote, which is understandable in view of the existing

difference—variance between the German people and the Czech people.

There were at no time any actual advantages connected with the position

of the Germans in the Protectorate.

Efforts to have preferential treatment were made, of course, in the

chauvinistic Party and in nationalist circles. But I always opposed them

vigorously and prevented any practical realization of such efforts. In

this connection, however, I should like to stress once more that the

Czech people did not consider themselves inferior to the German people

in any way.

It was a question simply of a different people which had to be treated,

politically and culturally, according to its own characteristics. That

was also the reason for the maintenance of the so-called autonomy which

meant nothing more than the separation of the two nationalities with a

view toward securing for the Czechs their own way of living; and it is

evident that this autonomy had to be kept within certain limits,

dictated by the prevailing necessities of the Reich as a whole,

especially in times of war.

DR. VON LÜDINGHAUSEN: Now, I should like to deal with the individual

points raised in the Czech indictment, or rather the points found in the

Czech report, which is the basis for this charge. In this report it is

asserted that the freedom of the press was suppressed Is that correct

and what role did Herr Von Gregory play in the treatment of the press?

VON NEURATH: Herr Von Gregory had been the press attaché at the German

Legation in Prague and was subordinate to the Propaganda Ministry. Then

he came, as chief of my press department, to my administration and

controlled the Czech press according to the directives of the Propaganda

Ministry in Berlin. The Czech press, of course, was not free—no more

than the German press. Control of circulation and other measures,

especially censorship measures, were the same.

DR. VON LÜDINGHAUSEN: The Czech report further raises the charge that

the local Czech administrative offices were in many cases dissolved and

then reorganized and key positions filled with officials and town

councillors who were German or Czech collaborators. Is that correct?

VON NEURATH: These were communities with a considerable German minority,

particularly in Moravia. That they should also have a representation in

the local administration seemed to me a natural thing. Prague, for

instance, had a Czech mayor and a German assistant mayor. This could

hardly be objected to. With regard to the attempts of the Germans in the

various cities or districts to take a part in the local administration

to an extent that did not seem justified by their numerical strength, I

intervened and rejected them. In the municipal administrations of purely

Czech districts, such as in West Bohemia, there were generally no German

representatives at all. But on the other hand, there were

German-speaking enclaves, such as the region of Iglau, where the Germans

were dominant in numbers and thus, of course, in influence as well.

DR. VON LÜDINGHAUSEN: The Czech report accuses you of having—in this

way and through the appointment of higher land councillors

(Oberlandräte)—germanized the Czech administration, and this report

bases its accusations on a statement which you allegedly made to the

former Bohemian Landespräsident, Bienert, in which you said, “All that

has to be digested in 2 years time.”

VON NEURATH: I do not recall having made such a statement. And I cannot

imagine having uttered it. Here we are concerned with the co-ordination

of the Czechs—of the Czech with the German administration. The

Oberlandräte were not appointed by me, but their office was created as a

controlling agency by the Reich Government by the decree of 1 September

1939 in connection with the setting up of German administrations and the

Security Police. When the Oberlandräte appeared before me to give their

reports, I told them time and again that they were not to do any

administrative work themselves but were to supervise only. The Czech

method of administration was frequently superior to the German, I told

them.

DR. VON LÜDINGHAUSEN: With regard to this I should like to refer to

Document Number Neurath-149 of my document book, the decree on the

organization of the administration and the German Security Police, dated

1 September 1939. In Paragraphs 5 and 6 the appointment and the duties

of these Oberlandräte are described more in detail. A quotation of this

document might be redundant.

The Czech indictment further contains a statement by Herr Bienert to the

effect that on the problem of the co-ordination of the Czech

administration you had remarked to him something like: “That must be

carried out strictly; after all, this is war.” At the same time Bienert

stated in his interrogation that the purpose of this measure, that is,

the co-ordination of the Czech and the German administration, had been

to assure Germany of a peaceful hinterland during the war.

Will you kindly also comment on this.

VON NEURATH: It is possible that I told Bienert something along these

lines. However, I cannot remember it at this date. But it can be taken

for granted that in the sphere of administration, as in every other

sphere in the Protectorate also, the necessities of war were the main

concern. Restrictions of the autonomy in the Czech national

administration have to be considered from this point of view. That it

was my constant endeavor to keep the country quiet in the interest of

the Reich, and therewith in the interest of all, can hardly be held

against me. Apart from that, I should like to remark that the

introduction of restrictions on the autonomy was already contained

explicitly in the decree setting up the Protectorate.

DR. VON LÜDINGHAUSEN: In this connection I should like to refer to the

order contained in my document book under Number Neurath-144, Document

Book Number 5. The order was issued by the Führer and Reich Chancellor

on the Protectorate of Bohemia and Moravia and is dated 16 March 1939.

Under Article 11 it was even then stipulated that the Reich could

incorporate departments of the administration of the Protectorate into

their own administration. The Czech report further refers to a statement

made by the former Czech Minister Havelka dealing with the persecution

of the members of the Czech Legion of the first World War insofar as

they held public office. What can you tell us about this question of the

Legionnaires?

VON NEURATH: The Czech Legion had been founded in Russia during the

first World War. It was composed partially of volunteers, partially of

the balance of Czech regiments which had belonged to the old

Austro-Hungarian Army and had become prisoners of war in Russia. These

Czech Legionnaires enjoyed a certain exceptional position after the

founding of the Czech Republic. In part they were filled with strong

chauvinistic resentment toward the Reich which dated back to the time of

the nationalities fights. This, the so-called Legionnaire mentality, was

a catchword in Bohemia; and in times of political unrest it could

signify a certain political danger. By the way, this preferential

position which the Legionnaires enjoyed was widely attacked in the

Protectorate by the Czechs themselves. Therefore an effort was made, and

by Frank particularly, to remove the Legionnaires from public office.

But this took place only in the crassest cases and only insofar as those

Legionnaires had joined the Czech Legion voluntarily, that is, it did

not apply to those who were members of the former Austro-Hungarian Army.

From the very beginning I tried to make this discrimination, which

approximately corresponds to the situation—or corresponds with the

distinction—which today is made in Germany between the voluntary

members of the SS and the Waffen-SS.

DR. VON LÜDINGHAUSEN: The Czech indictment is further accusing you of

having supported the Czech Fascist organization Vlayka. It bases this

charge on a memorandum which you yourself wrote concerning a discussion

which you had with Hacha, the President of Czechoslovakia, on 26 March

1940. According to this memorandum you told Hacha that the personal and

moral qualities of the Vlayka leaders were well known to you; in any

case, you had to confirm the fact that this movement, this organization,

was the only one which had taken a positive stand toward the Reich and

toward collaboration with the Reich. How about that?

VON NEURATH: The Vlayka movement was the same as the collaborationists

in France. This movement worked to bring about a German-Czech

collaboration and, in fact, long before the Protectorate was

established. But the leaders of this movement were, in my opinion,

rather dubious characters, as I showed in the words to Hacha quoted

above. These leaders threatened and slandered President Hacha and

members of the Czech Government among others. State Secretary Frank had

known these men from former times and he wanted to support them merely

in consideration of their former co-operation with him. However, I

refused to do this, just as I refused the various applications of these

people to visit me.

On the other hand, it is possible that Frank supported them from a fund

which Hitler had placed at his disposal without my knowledge and about

which Frank was under obligation not to tell me anything.

DR. VON LÜDINGHAUSEN: What attitude, now, did you take to the

dissolution of parties—of political parties—and of trade unions?

VON NEURATH: That was like the control of the press, a necessity which

resulted from the system, from the political system of the Reich. In any

event, through this step taken by President Hacha and despite the

measures taken by Germany, no country suffered less from the war than

the Protectorate. The Czech people were the only ones in middle and

eastern Europe who could retain their national, cultural, and economic

entity almost to its full extent.

DR. VON LÜDINGHAUSEN: Now I should like to turn to the point raised by

the Prosecution which is concerned with an alleged cultural suppression.

What can you tell us about the handling of Czech educational affairs?

VON NEURATH: The Czech universities and other institutions of higher

education, as has been stated before, were closed at Hitler’s order in

November 1939. Again and again, at the request of President Hacha and of

the Protectorate Government, I appealed directly to Hitler to have these

schools reopened. But due to the dominating position of Herr Himmler, I

had no success. The consequence of the closing of the universities, of

course, was that a large number of young people who otherwise would have

become university students now had to look for work of a manual sort.

The closing of the institutions of higher learning also had

repercussions on the secondary school level. This had already been

heavily burdened after the separation of the Sudetenland in the autumn

of 1938, for the entire Czech intelligentsia from this region had

returned to the Czech-speaking area, or what was later the Protectorate.

Hence for the young people from the secondary schools there was hardly

any employment left. It was about the same situation which is now

prevailing in Germany. Concerning the closing of Czech lower schools and

other planned efforts to restrict Czech youth in their cultural freedom

and their educational possibilities, I know nothing.

DR. VON LÜDINGHAUSEN: Did you yourself approve of the closing of Czech

institutions of higher learning ordered by Hitler?

THE PRESIDENT: Dr. Von Lüdinghausen, he said that he tried to intervene

and get rid of Hitler’s order.

DR. VON LÜDINGHAUSEN: If that is sufficient for the Tribunal then he

need not answer the question further.

THE PRESIDENT: Don’t you think that is sufficient?

DR. VON LÜDINGHAUSEN: Yes, I just wanted to have it expressed once again

in a somewhat stronger way; however, if the Tribunal is satisfied with

the clarification of this problem, I am completely satisfied.

THE PRESIDENT: It would not make it any better if it was said twice.

DR. VON LÜDINGHAUSEN: Yes, if you—but, it is sufficient.

[_Turning to the defendant._] Do you know anything about an alleged

plan, mentioned in the Czech report, to turn the Czech people into a

mass of workers and to rob them of their intellectual elite?

VON NEURATH: No. Only a madman could have made a statement like that.

DR. VON LÜDINGHAUSEN: The Czech indictment, or report, asserts that

through your agencies, that is, with your consent and endorsement,

destruction and plundering of Czech scientific institutions took place.

On Page 58 of the German text, Page 55 of the English of this report,

USSR-60, it says:

“The Germans occupied all universities and scientific

institutions. They immediately got hold of the valuable

apparatus, instruments, and scientific installations in the

occupied institutions. The scientific libraries were plundered

systematically and methodically. Scientific books and films were

torn up or taken away. The archives of the academic Senate, the

highest university authority, were torn up or burned; and the

card indexes destroyed and scattered to the four winds.”

What can you tell us in regard to this?

VON NEURATH: In this connection, I can say only that I never heard of

any plundering and destruction of the sort described either in Prague or

later. The Czech Hochschulen, or institutions of higher education, were

closed together with the universities in the year 1939 at Hitler’s

order. The buildings and installations of the Prague Czech University,

as far as I know, were partly put at the disposal of the German

university which had been closed earlier by the Czechs, since, after the

Czech Hochschulen were closed, they could not be used any longer for

Czech scientific purposes.

DR. VON LÜDINGHAUSEN: Do you know anything at all about this...

THE PRESIDENT: I did not understand that answer. As I got it, “The

buildings, in part, were put at the disposal of German universities

which had been closed by the Czechs.”

VON NEURATH: In Prague. In Prague was the oldest German university; it

had been closed by the Czechs after the last war, and after the

establishing of the Protectorate it was reopened; and, as far as I know,

some of the equipment and buildings were used for this German

university.

THE PRESIDENT: Go on.

DR. VON LÜDINGHAUSEN: Do you know anything else about the removal of

scientific equipment, collections, objects of art, and so forth?

VON NEURATH: The only case about which I have any knowledge concerned

the removal of historically valuable old Gobelins from the Maltese

Palace in Prague. These were removed by a member of the Foreign Office

in Berlin, allegedly by order of the chief of protocol; and this was

done at night, secretly, and without my knowledge or the knowledge of my

officials. As soon as I learned of this I contacted the Foreign Office,

and I requested immediate restoration. Whether restoration was made, I

do not know; that was only in 1941, and meanwhile I had left Prague.

DR. VON LÜDINGHAUSEN: May I here...

VON NEURATH: I know nothing about other incidents. Apart from that, I

specifically prohibited the removal of art objects from the Protectorate

to the Reich.

DR. VON LÜDINGHAUSEN: In this connection, I should like to submit an

extract from the interrogation of the former State Secretary Frank,

dated 10 June 1945. This is Number Neurath-154 of my Document Book

Number 5, and I should like to ask the Tribunal to take notice of this

statement.

[_Turning to the defendant._] What happened to the objects of art and

the furniture, which were Czech State property and with which the

Czernin Palace in Prague, which you used as your official residence, was

furnished?

VON NEURATH: This house was the former official residence of the Czech

Foreign Minister, and the partly valuable furnishings belonged to the

Czech State. Since there was no inventory of any sort of these items,

before moving in in the fall of 1939, I called in the Czech director of

the castle administration and the Czech art historian, Professor

Strecki; and I had a very exact inventory taken. One copy of this

inventory was left in my office and another one was deposited with the

administration of the castle. After I left Prague in the autumn of 1941,

I had a record made through my former caretaker and again in the

presence of a representative of the castle administration, Professor

Strecki, that the articles which were mentioned in the inventory were

actually still there.

THE PRESIDENT: I don’t think we need details of the inventory, but there

is one thing I should like to ask. The translation came through to me

that the inventory was made in the fall of 1938. Was that right?

VON NEURATH: 1939. I only wanted to mention that naturally I did not

take any of these articles.

DR. VON LÜDINGHAUSEN: Another point raised by the Czech indictment deals

with the confiscation of the so-called Masaryk houses in various cities

and with the destruction of Masaryk monuments and monuments erected to

other personalities famous in Czech history. What do you know about

that?

VON NEURATH: While I was in office, some of these Masaryk houses were

closed by the Police because they were centers of agitation against

Germany. The destruction or the removal of Masaryk or other Czech

national monuments I had specifically prohibited. Apart from that, I

expressly permitted the laying of wreaths at the grave of Masaryk at

Lanyi, which Frank had prohibited, and this actually took place on a

large scale.

DR. VON LÜDINGHAUSEN: It is further asserted that Czech literature was

suppressed and muzzled to a large extent.

VON NEURATH: The printing and dissemination of Czech anti-German

literature was prohibited of course, just as the further dissemination

of English and French works was prohibited in the entire Reich during

the war. Aside from that, all this material was treated according to the

direct orders of the Propaganda Ministry. However, while I was in

office, there were still many Czech book stores and book-publishing

concerns which published books by Czech authors in large numbers and

disseminated them. The selection of Czech books of every type in the

book stores was considerably larger than the selection of German books.

DR. VON LÜDINGHAUSEN: Could you say anything about the suppression of

Czech cultural life, of theaters, movies, and so forth, to which the

Prosecution refers?

VON NEURATH: There was no question at all of a limitation of the

cultural autonomy of the Czechs, aside from the university problem. In

Prague a great number of large Czech theaters of every description were

open all the time, especially the Czech opera and several theaters. On

the other hand there was only one permanent German theater with daily

performances. There was a constant production of many Czech plays and

operas, and the same applied to music. The well-known Czech Philharmonic

Orchestra at Prague played Czech music primarily and was absolutely

independent regarding its programs.

THE PRESIDENT: Dr. Lüdinghausen, we don’t need details. The defendant

says that theaters and cinema theaters were allowed and there was only

one German theater. We don’t want any further details about it.

DR. LÜDINGHAUSEN: Very well, Mr. President. I asked about these matters

only because they are rather extensively dealt with in the Indictment.

[_Turning to the defendant._] And what about the film industry, Herr Von

Neurath?

VON NEURATH: The same applied to the movie industry. It was even

especially active.

DR. VON LÜDINGHAUSEN: Now, I should like to turn to the alleged

suppression of religious freedom, of which you are being accused in the

Czech indictment. The Czech indictment speaks of a wave of persecution

which inundated the churches and which started immediately when the

German troops marched in to occupy the country. What about that?

VON NEURATH: A systematic persecution of the churches is quite out of

the question. The population was quite free as concerns public worship,

and I certainly would not have tolerated any restrictions along this

line. The former Under State Secretary Von Burgsdorff has testified to

that point here already. It may be true that in individual cases

pilgrimages or certain religious processions were prohibited by the

Police, even though I personally do not remember it clearly. But that

took place only because certain pilgrimages, consisting of many

thousands of people, were exploited as political demonstrations at which

anti-German speeches were made. At any rate, that had actually occurred

several times and had been brought to my knowledge. It is true that a

number of clerics were arrested in connection with the action at the

beginning of the war, which we have already mentioned here. But these

arrests did not take place, because the men were clerics but because

they were active political opponents or people who were political

suspects. In cases of this nature I made special efforts to have these

people released.

My personal connections with the archbishop of Prague were absolutely

correct and amicable. He and the archbishop of Olmütz specifically

thanked me for my intervention on behalf of the Church, as I remember

distinctly. I prevented any measure against the public worship of the

Jews. Every synagogue was open to the time I left in the autumn of 1941.

DR. VON LÜDINGHAUSEN: In connection with the last point, I should like

to put one more question about the position of Jews in the Protectorate.

What can you tell us about it?

VON NEURATH: The legal position of the Jews had to be co-ordinated with

the position of the Jews in the Reich, according to instructions from

Berlin. The directives with regard to this had been sent to me already

in April of 1939. Through all sorts of inquiries addressed to Berlin, I

tried and succeeded in not having the laws go into effect until June

1939, so as to give the Jews the opportunity to prepare themselves for

the imminent introduction of these laws.

The so-called Nuremberg Laws were introduced into the Protectorate, too,

at that time. Thereby the Jews were removed from public life and from

leading positions in the economic life. However, arrests on a large

scale did not take place. There were also no excesses against Jews,

except in a few single instances. The camp at Theresienstadt was not

erected until long after my time of office, and I prevented the erection

of other concentration camps in the Protectorate, too.

DR. VON LÜDINGHAUSEN: The Czech report accuses you of personally

carrying through anti-Jewish measures. They maintain that, first of all,

you charged the Czech Government, that is to say the autonomous

government, with the carrying through of the anti-Jewish laws and that

when Ministerpräsident Elias refused to do so, you personally took the

necessary steps.

VON NEURATH: As I said just now, the introduction of the anti-Jewish

laws came about on Hitler’s direct order, that is to say through the

competent authorities in Berlin. The representation...

THE PRESIDENT: Dr. Von Lüdinghausen, why do you want to go over all this

again? The defendant has given the evidence that he succeeded in putting

off the laws until June 1939 and that then the Nuremberg Laws were

introduced. He has given us the various qualifications which he said he

made; and then you read him the Czech report and try to get him to go

over it all again, it seems to me. It is now quarter past 11.

DR. VON LÜDINGHAUSEN: All right, then, I shall consider the first

question sufficiently answered and we shall not deal with the matter of

confiscation either.

[_Turning to the defendant._] The Czech report further accuses you of

the dissolution of the organizations of the YMCA and YWCA, and the

confiscation of their property in favor of German organizations.

VON NEURATH: I must admit that I do not recall these confiscations at

all. If this dissolution and confiscation took place before I left, it

must have been a police measure only.

DR. VON LÜDINGHAUSEN: The Czech report further mentions the destruction

of Czech economic life and the systematic plundering of Czech stocks of

raw materials and accuses you in that regard. What are the facts with

regard to that?

VON NEURATH: With the establishment of the Protectorate, the Czech

economy almost automatically was incorporated into the German economy.

The export trade, for which Czech industries had worked to a

considerable degree, was stopped for the duration of the war, that is to

say, it had to trade with the Reich.

The Czech heavy industries, especially the Skoda Works and the arms

industry, as direct war industries, were taken over to supplement German

armaments production by the Delegate for the Four Year Plan.

At the beginning I tried especially to avoid selling out of the

Protectorate, which would have been hard on the population. An effective

means for that purpose was the maintenance of the customs boundaries

which existed between Czechoslovakia and Germany. After heated conflicts

with the Berlin economic departments, I succeeded in having the customs

barrier maintained up to October 1940, for another year and a half,

though it had already been rescinded on 16 March 1939.

I believe I am also accused of having been responsible for the removal

of raw materials and the like. In that connection I should like to say

that the office of the Delegate for the Four Year Plan was the only

authority which could take such measures.

DR. VON LÜDINGHAUSEN: In this connection I should like to refer to the

decree which has already been submitted, the decree dated 16 March 1939,

Number Neurath-144 of my Document Book Number 5. In this decree I should

like to call special attention to Articles 9 and 10.

[_Turning to the defendant._] You are further charged with and accused

of the fact that the rate of exchange of Czech kronen to marks was

established as 10 to 1, for in this way the buying out of

Czechoslovakian goods was said to have been favored. Are you responsible

for the establishing of this rate?

VON NEURATH: No. In the decree of 16 March 1939 dealing with the

establishment of the Protectorate—a decree in the drafting of which I

did not take part in any way—it was already stipulated that the rate of

exchange would be determined by the Reich Government. As far as I know,

the same rate was the customary one at the stock exchange and in trade

before the incorporation of the Sudetenland into the Reich as well as

afterwards. An official rate had to be determined, of course, and this

was done through the decree issued by the authorities in Berlin.

DR. VON LÜDINGHAUSEN: In connection with the decree dated 16 March 1939,

which was just mentioned and which is to be found under Number

Neurath-144 of my Document Book Number 5, I should like to call your

attention especially to Article 10 which sets forth: “The ratio of the

two currencies, the Czechoslovakian and the German, to each other will

be determined by the Reich Government.”

[_Turning to the defendant._] The Czech report further accuses you of

the fact that railroad rails allegedly were removed and taken to

Germany. Do you know anything about this matter?

VON NEURATH: I know nothing about this matter and I think this is

certainly an error. I know only that in the year 1940 there were

negotiations between the German Reich railroads and the Czech State

railroads concerning the borrowing of railroad cars and of engines

against remuneration. But the stipulation in this case was that this

rolling stock could be spared by the transport system in the

Protectorate. Aside from that, the railroads in the Protectorate, were

not under my supervision; but they were directly subordinate to the

Transportation Ministry in Berlin.

DR. VON LÜDINGHAUSEN: I should like to refer to Article 8 of the decree

which I have just mentioned, a decree which is found under Number

Neurath-144 of my Document Book 5.

[_Turning to the defendant._] It is further asserted that the Reich

Commissioner at the Prague National Bank stopped all payments for abroad

and confiscated all the stocks of gold and of foreign currencies of the

National Bank.

Did you have anything to do with this matter?

VON NEURATH: I had nothing at all to do with these matters. The Reich

Commissioner for the Prague National Bank was appointed directly by the

Reichsbank in Berlin, or rather by the Ministry of Finance; and he got

his orders from them.

DR. VON LÜDINGHAUSEN: The Czech report states further that you are to be

blamed, or are to be made co-responsible, for the alleged confiscation

of the Czech banks and industrial undertakings by the German economy.

VON NEURATH: The German banks, and to an extent the German industries as

well, had a real interest in getting a firm foothold in the economic

life of the Protectorate. However, this was something which applied long

before the establishment of the Protectorate. Therefore it was not

strange that the big German banks, in particular, used the opportunity

to acquire Czech stocks and securities; and in this way the controlling

interest in two Czech banks together with their industrial holdings were

transferred to German hands in a manner which was economically quite

correct.

I believe the Union Bank is mentioned in the Czech report, a bank which

was taken over by the Deutsche Bank; and I know in this case quite

coincidentally that the initiative did not originate on the German side,

but rather from the Czech Union Bank itself. But neither I nor my

agencies tried to foster this development in any way. Apart from that

all these enterprises had Czech general directors, and in very few cases

were German officials taken in. By far the largest part of all

industrial enterprises remained purely Czech as before.

DR. VON LÜDINGHAUSEN: What was the situation with regard to the alleged

coercive measures which the Prosecution maintains were used against

Czech agriculture? Can you tell something about this and about your

attitude and the measures you took?

VON NEURATH: This chapter belongs to the whole scheme of plans by the

Party and SS, relative to Germanization, which have already been

mentioned. The instrument of this German settlement policy was to be the

Czech Land Office (Bodenamt), which in itself was a Czech office, which

was a survival of the former Czech office for agrarian reform. Himmler

first of all assigned to the Land Office an SS Führer as its provisional

leader.

THE PRESIDENT: The Tribunal does not want to know all the details about

this. The Czech report apparently alleges coercion in agriculture. The

defendant says that it was due, if any, to the Party and the SS; and he

had nothing to do with it. What is the object of his giving us all these

details about the history of agriculture in Czechoslovakia? You must

realize the Tribunal...

DR. VON LÜDINGHAUSEN: Yes, but I should like to point out one thing

only.

[_Turning to the defendant._] The Land Office, which was acting in the

interests of National Socialism, was restaffed by you with new personnel

after a long struggle. I considered it important to clarify this too.

Mr. President, I should like to make a general remark. I said yesterday

that my examination would last another hour. But yesterday, when I left

the session, I found another document book to the indictment which has

forced me to deal in greater detail with individual questions here. And

for this reason, a reason which I could not foresee, I will have to take

additional time.

THE PRESIDENT: Very well, the Tribunal has not taken up the question of

time at the moment.

Why do you have to go into some questions of—I do not know what the

word is, “Amt”—to do with agriculture? Why do you want to go into that?

He, the defendant, said he had nothing to do with it.

DR. VON LÜDINGHAUSEN: Yes, in a way he was connected with it, Mr.

President, insofar as these agricultural efforts were made through the

Land Office.

THE PRESIDENT: If he was connected with it let him explain it. I thought

he said the Party and the SS did it.

DR. VON LÜDINGHAUSEN: Yes, but via the Land Office, and he prevented

this.

Perhaps you can tell us briefly about this, Herr Von Neurath.

VON NEURATH: I believe that according to the statements of the President

of the Court, that is hardly necessary. As a matter of fact, I had no

direct connection with the Land Office. I only succeeded in having a

rather unpleasant leader of this office, a member of the SS, removed.

DR. VON LÜDINGHAUSEN: During your period of office as Reich Protector,

was there any compulsory transportation of workers to the Reich?

VON NEURATH: No. In this connection I shall also be brief.

Compulsory labor did not exist at all while I was in the Protectorate.

There was an emergency service law which was issued by the Protectorate

Government and applied to younger men who were employed in urgently

needed work in the public interest in the Protectorate. Compulsory

deportations of workers to the Reich did not occur in my time. On the

contrary, many young people reported voluntarily for work in Germany,

because labor conditions and wages were better in the Reich than in the

Protectorate at that time.

DR. VON LÜDINGHAUSEN: How did your resignation from office—and this is

my last question—your leaving your office as Reich Protector come

about?

VON NEURATH: First of all I should like to tell you why I remained as

long as I did, in spite of all these occurrences and difficulties. The

reason for it was that I was convinced, and I am still convinced today,

that I had to stay as long as I could reconcile this with my conscience,

in order to prevent this country, which was entrusted to Germany, from

coming under the definite domination of the SS. Everything that happened

to the country after my departure in 1941 I had actually prevented

through my presence; and even if my work was ever so much limited, I

believe that by remaining I not only rendered a service to my own

country but to the Czech people as well, and under the same

circumstances I would not act differently even today.

Apart from this I believed that in time of war, especially, I should

leave such a difficult and responsible office only in case of the utmost

necessity. The crew of a ship does not go below deck and fold their

hands in their laps if the ship is in danger.

That I could not comply with the wishes of the Czechs 100 percent is

something that will be understood by everybody who had to deal with

politics in a practical and not merely theoretical way. And so I believe

that by my persevering in office I prevented much of the misery which

befell the Czech people after I left. This opinion was also shared by a

large number of the Czech population, as I could gather from the

numerous letters which were addressed to me by the Czech people later

on.

DR. VON LÜDINGHAUSEN: And how did it happen that you left, that you

resigned from your office?

VON NEURATH: On 23 September 1941 I received a telephone call from

Hitler asking me to come to headquarters immediately. There he told me

that I was being too mild with the Czechs and that this state of affairs

could not be continued. He told me that he had decided to adopt severe

measures against the Czech resistance movement and that for this purpose

the notorious Obergruppenführer Heydrich would be sent to Prague. I did

everything in my power to dissuade him from this but was not successful.

Thereupon I asked permission to resign, since I could never be

responsible for any activity of Heydrich’s in Prague. Hitler refused my

resignation but permitted me to go on leave. I flew back to Prague and

on the following day I continued my journey home. At the same hour that

I left Prague, Heydrich arrived.

Then I wrote to Hitler from my home and again asked to resign

immediately. When in spite of a reminder I did not receive any answer I

repeated my request, and at the same time I explained that under no

circumstances would I return to Prague, that I had dissolved my office

and I refused to act as Reich Protector from now on. I was not

officially relieved from my office until October 1943.

DR. VON LÜDINGHAUSEN: Mr. President, I should like to conclude my

examination of the defendant with a brief quotation from the Czech

indictment.

THE PRESIDENT: Just one moment, was your going on leave made public?

VON NEURATH: Yes.

DR. VON LÜDINGHAUSEN: Yes, I was just going to quote that, Mr.

President. In that text of the Czech indictment it says:

“When at last in the second half of September the underground

Czech revolt committees, with the help of the BBC, began a

successful boycott campaign against the German controlled press,

the German authorities seized the opportunity to aim a heavy

blow at the Czech population. On 27 September 1941 radio station

Prague gave out the following report:

“‘Reich Minister Baron von Neurath, Reich Protector of Bohemia

and Moravia, has found it necessary to ask the Führer for a long

leave in order to restore his impaired health.’”

Then in conclusion it says:

“Under these circumstances the Führer agreed to the request of

the Reich Protector and charged SS Obergruppenführer Heydrich

with the direction of the office of Reich Protector of Bohemia

and Moravia during the time of the illness of Reich Minister Von

Neurath.”

With this my examination is ended, Mr. President.

THE PRESIDENT: From September 1941 until October 1943, did you live on

your own estates, or what?

VON NEURATH: Yes, Mr. President.

DR. VON LÜDINGHAUSEN: My examination is over.

THE PRESIDENT: The Court will adjourn now.

[_A recess was taken._]

THE PRESIDENT: Do any of the defendants’ counsel wish to ask the witness

any questions?

DR. EGON KUBUSCHOK (Counsel for Defendant Von Papen): Is it known to you

that immediately before Germany left the League of Nations, Von Papen

followed Hitler to Munich to persuade him to remain in the League of

Nations?

VON NEURATH: Yes, that is known to me. In fact, I myself induced him to

do so.

DR. KUBUSCHOK: During the time he was Vice Chancellor in 1933 and 1934,

did Von Papen protest in the Cabinet against unfriendly acts of the

German policy toward Austria, as for instance, the introduction of the

1,000-mark embargo?

VON NEURATH: Yes, that line was continuously followed by him and by

other ministers and naturally by myself, too.

DR. KUBUSCHOK: Did Hitler mention to you that this attitude of Papen’s

in the Austrian problem induced him to transfer the mission in Vienna to

Papen after the murder of Dollfuss?

VON NEURATH: Yes, Hitler did speak about that.

DR. KUBUSCHOK: Did Hitler discuss with you the reasons why he addressed

the letter of 26 July 1934 to Papen, announcing that Papen would be sent

to Austria?

VON NEURATH: Yes, but the way it happened was as follows: When Hitler

told me about his intention to send Papen to Vienna, I reminded him

that, in order to give the latter any weight, he should first of all,

after the events of 30 June, clear up the relationship between himself,

Hitler, and Papen, and clear it up publicly. This letter which was read

here in Court can be traced to that.

DR. KUBUSCHOK: In 1937 you paid a visit to the Austrian Government which

led to demonstrations. Were you and Von Papen surprised by these

demonstrations, and did you agree with them?

VON NEURATH: The demonstrations were a complete surprise to me,

especially because of their tremendous size. They certainly did not

please me, because they cast a certain shadow on the discussions between

Herr Von Schuschnigg and myself.

DR. KUBUSCHOK: Then, the last question: Before Schleicher’s Government

was formed there was a meeting of the Cabinet on 2 December 1932. The

day before Papen had been given orders by Hindenburg to send the

Parliament on leave and to form a new government. Is it correct that

Papen reported on this matter to the Cabinet and that Schleicher, as

Reichswehrminister, made a statement to the effect that this would lead

to civil war and that the forces of the Wehrmacht were too weak to cope

with such a civil war?

VON NEURATH: Yes, I remember this occurrence very accurately. We were

all somewhat surprised at Schleicher’s statement. However it was so well

founded that we had to accept it as true.

DR. KUBUSCHOK: Thank you.

THE PRESIDENT: Do any other defendants’ counsel wish to ask any

questions?

[_There was no response._]

The Prosecution?

SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom):

At the time about which Dr. Kubuschok has just been asking you, in the

second half of 1932, did you know that President Von Hindenburg, the

Defendant Von Papen, and General Von Schleicher were discussing and

considering very hard what would be the best method of dealing with the

Nazi Party?

VON NEURATH: No. As I have already testified, I had no connection in

that respect. I knew absolutely nothing about all these negotiations.

SIR DAVID MAXWELL-FYFE: I want to make it clear, I am not suggesting you

were in the negotiations. But didn’t you know that the problem as to how

to deal with the Nazi Party was exercising the minds of the President

and the Defendant Von Papen and General Von Schleicher; that it was a

very urgent problem in their minds?

VON NEURATH: Yes, I knew that.

SIR DAVID MAXWELL-FYFE: And again, do not think, Defendant, I am

suggesting that you were in the negotiations. You may take it—well, I

will make all the suggestions perfectly clear.

You knew that in the end the method which commended itself to President

Von Hindenburg, to the Defendant Von Papen, and to General Von

Schleicher was that there should be a government with Hitler as

Chancellor, but well brigaded by conservative elements, in harness with

conservative elements; that was the plan that was ultimately resolved

on? You knew that much, I suppose, didn’t you?

VON NEURATH: Yes, but the plan was not quite like that. At that time,

the time you are talking about, there was only mention of the fact that

we were obliged to bring the Nazi Party into the Government.

SIR DAVID MAXWELL-FYFE: But eventually, when the Nazi Party came in, on

30 January 1933, the plan was that it would be well harnessed to

conservative elements. That was the idea in President Von Hindenburg’s

mind, was it not?

VON NEURATH: Yes.

SIR DAVID MAXWELL-FYFE: And you were one of the conservative and stable

elements, if I understand you rightly; isn’t that so?

VON NEURATH: Yes. It has been explained here that it was the special

wish of President Von Hindenburg that I should remain in the Government.

SIR DAVID MAXWELL-FYFE: In order to keep Hitler’s Government

peace-loving and respectable. Is that a fair way of putting it?

VON NEURATH: Yes, so as to prevent Hitler’s revolutionary movement in

general from exercising their methods too much within the Government,

too.

SIR DAVID MAXWELL-FYFE: And, Defendant, you have told us that up to this

time you had been a diplomatist. When you became a Minister, did you not

think that you had some responsibility for keeping the Government

respectable and peace-loving as a Minister of the Reich?

VON NEURATH: To be sure, but the question was only how far it was in my

power to accomplish this.

SIR DAVID MAXWELL-FYFE: I don’t want to go into the workings of your

mind too much, I just want to get this clear. You realized that as a

Foreign Minister, and as a well-known figure to all the Chancelleries of

Europe, that your presence in the Government would be taken throughout

Europe, as a sign of your approval and your responsibility for what the

Government did, did you not?

VON NEURATH: I doubt that very much. Perhaps one might have hoped so.

SIR DAVID MAXWELL-FYFE: Well now, just let’s consider it. Is it your

case that up to November of 1937 you were perfectly satisfied with the

peace-loving intentions and respectability of the Government?

VON NEURATH: I was convinced of the peaceful intentions of the

Government. I have already stated that. Whether I was satisfied with the

methods...

SIR DAVID MAXWELL-FYFE: What about respectability? By “respectability” I

mean the general standard of decency that is required by any government,

under which its people are going to be reasonably happy and contented.

Were you satisfied with that?

VON NEURATH: I was by no means in agreement with the methods, above all

in connection with the domestic policy.

SIR DAVID MAXWELL-FYFE: Well, I would just like to look at that for a

moment. Did you know about the “Brown Terror” in March of 1933, some 6

weeks after the Government was formed?

VON NEURATH: I only knew of the boycott against the Jews, nothing else.

SIR DAVID MAXWELL-FYFE: Do you remember the affidavit that has been put

in evidence here, made by the American Consul, Mr. Geist, Document

1759-PS, Exhibit USA-420?

VON NEURATH: May I see it?

SIR DAVID MAXWELL-FYFE: Well, just let me remind you. It is a long

affidavit, and there are only one or two parts I want to put to you.

Mr. Geist gives detailed particulars of the bad treatment, the beating,

and assaulting, and insulting, and so on, of Jews as early as March

1933. Did you know about that?

VON NEURATH: I know of these occurrences; I do not know this affidavit,

I have not seen it, but I do know about the occurrences from complaints

made by foreign diplomatic representatives. And according to them—and

as concerns my attitude to these events—I repeatedly applied to Hitler

and urgently implored him to have them stopped. But I do not know

anything more about the details.

SIR DAVID MAXWELL-FYFE: Just leaving that affidavit for the moment, as

Foreign Minister, you would receive—you did receive, did you not, a

synopsis or account of what was appearing in the foreign press?

VON NEURATH: Yes, that I did but whether I received all of those things

I do not know.

SIR DAVID MAXWELL-FYFE: Just let me take an example. You had been

Ambassador at the Court of St. James from 1930 to 1932, if my

recollection is right; had you not?

VON NEURATH: Yes.

SIR DAVID MAXWELL-FYFE: And you realized—whether you agreed with what

was in them or not—the London _Times_ and the _Manchester Guardian_

were newspapers that had a great deal of influence in England, didn’t

you?

VON NEURATH: Yes, yes.

SIR DAVID MAXWELL-FYFE: Did you know that in April 1933 both these

newspapers were full of the most terrible stories of the ill-treatment

of Jews, Social Democrats, and Communists in Germany?

VON NEURATH: Yes, that is quite possible. I cannot remember it any more

now; but those were certainly the very cases which I brought up before

Hitler, drawing his attention to the effect that this was having abroad.

SIR DAVID MAXWELL-FYFE: Well, I just want to consider the extent which

these papers were alleging. As early as the 12th of April 1933 the

_Manchester Guardian_ was saying:

“The inquirer, by digging only an inch below the surface, which

to the casual observer may seem tranquil enough, will, in city

after city, village after village, discover such an abundance of

barbarism committed by the Brown Shirts that modern analogies

fail...”—describing them as an instrument—“...of a Terror that

although wanton is systematic—wanton in the sense that unlike a

revolutionary Terror it is imposed by no outward necessity, and

systematic in the sense that it is an organic part of the

Hitlerite regime.”

Did you know that this and quotations like these were appearing in

responsible British papers?

My Lord, that is D-911, which is the collection of extracts and, with

Mr. Wurm’s affidavit, will be Exhibit GB-512.

[_Turning to the defendant._] Did you know that was the line that was

being taken, that it was systematic in the sense of being an organic

part of the Hitler regime?

VON NEURATH: No, in that sense certainly not.

SIR DAVID MAXWELL-FYFE: Did you know that the British paper, the

_Manchester Guardian_, was quoting, “...an eminent German conservative,

who is in close touch with the Nationalist members of the German

Government, and certainly more sympathetic to the Right than to the

Left...” has given the number of victims as 20,000—as many as 20,000 in

April? Did you know that the figure was being put that high?

VON NEURATH: No, and I do not believe it, either.

SIR DAVID MAXWELL-FYFE: Well, let us see what the German press was

saying.

On the 24th of April 1933 the _Times_ was quoting the _Hamburger

Fremdenblatt_, which, in turn, was invoking official sources and stating

that there were 18,000 Communists in prison in the Reich and that the

10,000 prisoners in Prussia included many social intellectuals and

others.

Would the _Hamburger Fremdenblatt_, which had a very long career as a

newspaper, if it misquoted official sources under your Government in

April 1933, have misrepresented the position? It would not, would it?

VON NEURATH: That I do not know, but I do know that a lot of trouble is

always being stirred up by means of figures.

SIR DAVID MAXWELL-FYFE: But Defendant, here is a figure quoted, as far

as I know, by a responsible Hamburg paper, as an official figure,

requoted by the London _Times_, which is the principal paper in England.

Wasn’t that sufficiently serious for you to bring it up in the Cabinet?

VON NEURATH: I am very sorry, but with all respect to the papers—and

even the London papers—they do not always tell the truth.

SIR DAVID MAXWELL-FYFE: No. That is a perfectly reasonable comment.

Newspapers, like everyone else, are misinformed. But when you had a

widespread account of terrible conditions giving large numbers, did you

not, as one of the respectable elements in this Government, think that

it was worthy of bringing it up in Cabinet and finding out whether it

was true or not?

VON NEURATH: How do you know that I did not do that?

SIR DAVID MAXWELL-FYFE: That is what I am asking. Did you bring it up,

and what was the result when you did?

VON NEURATH: I have already told you before that I always remonstrated

about these incidents, with Hitler—not in the Cabinet, but with Hitler.

SIR DAVID MAXWELL-FYFE: That is not what I asked you. You see,

Defendant, what I asked you was why you did not bring it up in the

Cabinet. Here was a Cabinet established with conservative elements to

keep it respectable. Why did you not bring it up in the Cabinet and try

and get the support of Herr Von Papen, Herr Hugenberg, and all the other

conservative gentlemen in the Cabinet of whom we have heard? Why did you

not bring it up?

VON NEURATH: For the very simple reason that it seemed to be more

effective to tell Hitler directly.

SIR DAVID MAXWELL-FYFE: In April 1933, some 2 months after it was

formed, are you telling the Tribunal that you did not think it was worth

while to bring a matter up in the Reich Cabinet? Within 2 months of

Hitler coming into power, it had become so “Führer-principled” that you

could not bring it up in the Cabinet?

VON NEURATH: I repeat—and after all I alone should be the one to

judge—that I considered direct representations made to Hitler more

effective.

SIR DAVID MAXWELL-FYFE: I see. Well, now, I just want—I do not suppose

you were interested, but did you know about the putting into

concentration camps of any of the gentlemen that I mentioned to the

Defendant Von Papen: Herr Von Ossietzski or Herr Mühsam or Dr. Hermann

Dunker, or any of the other left-wing writers and lawyers and

politicians? Did you know that they had gone to a concentration camp

from which they never returned?

VON NEURATH: No.

SIR DAVID MAXWELL-FYFE: You did not know at all?

VON NEURATH: No.

SIR DAVID MAXWELL-FYFE: At any rate, you knew—as your documents have

shown—when you went to London in June, you knew very well how, at any

rate, foreign opinion had crystallized against Germany because of the

treatment of the Jews and the opposition parties, did you not, when you

went to the world economic conference in June?

VON NEURATH: Yes. That was mentioned by me in a report that was read in

Court.

SIR DAVID MAXWELL-FYFE: Now you say that your reaction was to go to

Hitler and protest. I just want to look at what the existing documents

show that you did. Now, let us take April, first of all. Would you look

at Document D-794?

[_The document was handed to the defendant._]

My Lord, it is Document Book 12a, Page 8. It will be Exhibit GB-513.

Now, this is a letter from you to Hitler dated the 2d of April 1933:

“The Italian Ambassador telephoned me last night and informed me

that Mussolini had declared himself prepared to deny, through

the Italian delegations abroad, all news about the persecution

of the Jews in Germany that had been distorted by propaganda, if

we should consider this course useful. I thanked Herr Cerruti,

also on your behalf, and told him that we would be glad to

accept his offer.

“I regard this friendly gesture of Mussolini’s as important

enough to bring it to your notice.”

What did you think had been distorted by propaganda?

VON NEURATH: Yes, please read this part. Here it says, “the news had

been distorted by propaganda.” That is what it is about.

SIR DAVID MAXWELL-FYFE: That is what I was so interested in, Defendant.

What did you think had been distorted, and how much knowledge had you,

so that you could decide whether the news had been distorted or not?

VON NEURATH: That I really cannot tell you any more today.

SIR DAVID MAXWELL-FYFE: You knew that Jews had been beaten, killed,

taken away from their families, and put into concentration camps and

that their property had been destroyed and was beginning to be sold

under value. You knew that all these things were happening, did you not?

VON NEURATH: No, certainly not at that time. That they were beaten, yes,

that I had heard; but at the time no Jews were murdered or perhaps only

once in one individual case.

SIR DAVID MAXWELL-FYFE: Well, so you see that the _Times_ and

_Manchester Guardian_ of that date gave the most circumstantial examples

of typical murders of Jews? You must have seen that; you must have seen

that the foreign press was saying it. Why did you think that it was

distorted? What inquiry did you make to discover whether it was

distorted?

VON NEURATH: Who—who—who—who gave me information

about—about—about—murders?

SIR DAVID MAXWELL-FYFE: I am putting it to you that it was in the

foreign press. I have given you the two examples from the press of my

own country; and obviously from what Signor Mussolini was saying, it was

in the press of other countries. You must have known what they were

saying. What inquiries did you make to find out whether it was true or

not?

VON NEURATH: I used the only way possible for me, namely through the

police authorities concerned.

SIR DAVID MAXWELL-FYFE: Did you ask Himmler, or did you ask the

Defendant Göring?

VON NEURATH: Most certainly not.

SIR DAVID MAXWELL-FYFE: What? You asked Himmler? Or did you ask the

Defendant Göring? Why not? Why not? He was the head, inventing the

Gestapo and the concentration camps at that time. He would have been a

very good man to ask, would he not?

VON NEURATH: The man who could have given me information was the chief,

the supreme head of the Police, and it was in no way personally...

SIR DAVID MAXWELL-FYFE: Did you ask the Defendant Frick?

VON NEURATH: In any case, I did not ask him personally.

SIR DAVID MAXWELL-FYFE: Now...

VON NEURATH: Certainly not personally.

SIR DAVID MAXWELL-FYFE: May I suggest to you that I do not want to take

up time? Why did you not take the trouble to ask Göring or Frick or

anyone who could have given you, as I suggest, proper information?

Would you look at Document 3893-PS?

[_The document was handed to the defendant._]

The Tribunal will find it at Page 128 of Document Book 12a. My Lord,

that will become Exhibit GB-514.

This is the _Völkischer Beobachter_, quoting you on the 17th of

September 1933, on the Jewish question:

“The Minister had no doubt that the stupid talk abroad about

purely internal German affairs, as for example the Jewish

problem, will quickly be silenced if one realizes that the

necessary cleaning up of public life must temporarily entail

individual cases of personal hardship but that nevertheless it

served only to establish all the more firmly the authority of

justice and law in Germany.”

Was that your view in September 1933, of the action against the Jews and

against the left-wing sympathizers up to that time, that it was a

“necessary cleaning up of public life,” which would, of course,

temporarily involve “individual cases” of hardship, and that was

necessary “more firmly” to establish “the authority of justice and law

in Germany”? Was that your view?

VON NEURATH: I told you during—during—during my—I think it was the

day before yesterday in answer to the question of what my attitude was

toward the Jewish problem, that in view of the inundation and domination

of public life in Germany by Jews which occurred after the last war, I

thought it absolutely right to have these things either eliminated or

restricted. That is what I am referring to here.

SIR DAVID MAXWELL-FYFE: So that it is right—I mean, you are not running

away from what you said on the 17th of September 1933—that you thought

the treatment of the Jews in 1933 a “necessary cleaning up of public

life” in Germany? Are we to take it that your view then is your view

now, and you do not deviate from it at all? Is that right?

VON NEURATH: That is still my view today, do you not see, only it should

have been carried out by different methods.

SIR DAVID MAXWELL-FYFE: All right. Well, we will not go into discussions

of it.

Am I to take it that you knew and approved of the breakdown of political

opposition?

VON NEURATH: No, that is...

SIR DAVID MAXWELL-FYFE: Well, then, let us take it by stages. Did you

believe in the prescribing, the making illegal of the Communist Party?

VON NEURATH: In those days, most certainly, because you have heard, have

you not, that we were facing civil war.

SIR DAVID MAXWELL-FYFE: Very well. You agreed with that. Did you agree

with the breaking down and making illegal of the trade unions?

VON NEURATH: No.

SIR DAVID MAXWELL-FYFE: What did you do to protest against the breaking

down of the trade unions?

VON NEURATH: That was in a sphere—this sphere did not concern me at

all. I was Foreign Minister and not Minister of the Interior.

SIR DAVID MAXWELL-FYFE: I see. Well, again, I am not going to argue with

you. You thought it was perfectly right as Foreign Minister to remain

and give your support and authority to a government which was doing

something of which you disapproved, like breaking down the trade union

movement. Is that how we are to take it?

VON NEURATH: Yes. Did you ever hear that a minister...

SIR DAVID MAXWELL-FYFE: Now what about...

VON NEURATH: I would like to say, did you ever hear that every cabinet

minister must leave the cabinet if he does not agree with one particular

thing?

SIR DAVID MAXWELL-FYFE: Every cabinet minister for whom I have any

respect left a cabinet if it did something of which he morally

disapproved, and I understood from you that you morally disapproved of

the breaking down of the trade union movement. If I am wrong, correct

it. If you did not disapprove, say so.

VON NEURATH: I did not think that it was immoral. It was a political

measure, but not an immoral one.

SIR DAVID MAXWELL-FYFE: Then let us take Number 3, take the Social

Democratic Party, that was a party which had taken a great share in the

Government of Germany and of Prussia for the years since the war. Did

you think it right, morally right, to make that party illegal and unable

to take any further share in the carrying on of the country?

VON NEURATH: No, certainly not. But I do not at all know...

SIR DAVID MAXWELL-FYFE: Let us get it clear. Did you think it right or

not?

VON NEURATH: I just told you “No” but I do not at all know whether

you...

SIR DAVID MAXWELL-FYFE: What did you do to protest against that? What

did you do to protest against the dissolution of the Social Democratic

Party?

VON NEURATH: The most I could do against this dissolution was to state

my objections.

SIR DAVID MAXWELL-FYFE: To whom did you state your objection against the

dissolution of the Social Democratic Party?

VON NEURATH: To Hitler, again and again.

SIR DAVID MAXWELL-FYFE: Again and again you didn’t raise the dissolution

of the parties, the opposition parties? You never raised that in the

Cabinet; that is right, isn’t it?

VON NEURATH: I cannot remember whether this question was discussed in

the Cabinet; I do not know any more.

SIR DAVID MAXWELL-FYFE: I see. All right. Let us just pass to another

aspect and still on 1933. I just want you to have in mind what was

happening in 1933. Did you know that after you had announced that

Germany was leaving the Disarmament Conference and the League of

Nations, that orders for military preparations to deal with the

possibility of war, as consequent on that action had been got out?

VON NEURATH: No. In 1932-1933 I knew nothing about it.

SIR DAVID MAXWELL-FYFE: In 1933, yes, it started—in Document C-140,

Exhibit USA-51—on the 25th of October 1933. Now, Defendant, you were

Foreign Minister. Are you telling the Tribunal that neither had Hitler

nor Marshal Von Blomberg—I think he was Reichswehrminister—that none

of them told you, as a result of this action, “we shall have to have the

preparations ready in case sanctions, including military sanctions, are

imposed on Germany.” Did none of them tell you that that was to be the

result of your move in foreign policy?

VON NEURATH: No, nor was there any action to be feared.

SIR DAVID MAXWELL-FYFE: I see. Well, now it is rather—you will agree

with me—it is rather odd not to inform the Foreign Minister of the

possible consequences of his policy in the military preparations you are

taking to deal with it; it is rather odd, isn’t it in any system of

government, of totalitarian, democratic, or anything you like, it is

rather odd not to tell the Foreign Minister what you are doing in the

way of military preparations, to deal with his policy, isn’t it?

VON NEURATH: I certainly had to decide on the opinion as to whether any

danger threatened from our withdrawal from the League of Nations and the

Disarmament Conference, that is, I had to decide whether this might have

any probable consequences. The military had their own opinion, and

presumably—but I do not know, anyhow, I was not informed; but there

were certain discussions amongst the General Staff, I assume.

SIR DAVID MAXWELL-FYFE: Well, now, I just want to sum up for 1933 and I

want to do that quickly. May I take it, that up to the end of 1933,

despite these matters which I have put to you, that you were perfectly

satisfied with the respectability and peace-loving intentions of the

Government; is that right?

VON NEURATH: Yes.

SIR DAVID MAXWELL-FYFE: Well, now, just let us turn to 1934. You

remember your conversation with Mr. Dodd, the American Ambassador, which

you mentioned in your Document Book Number 1, at Page 54. It was on the

28th of May 1934; and Mr. Dodd had told you, apparently, what he had

said to Hitler about the way Americans are trying to control

profiteering by great financial interests. He said he was glad

that—then he says that you said that you were glad that he had informed

Hitler and then Mr. Dodd added “that the Chancellor had not agreed with

me.” Then he says:

“Von Neurath was silent for a moment after my remarks. It was

plain that he was entirely of my way of thinking. He begged me

to say to Washington that the outbreak was entirely contrary to

the German Government purpose, but he did not commit himself on

Hitler.”

What did you mean by that, “...that the outbreak against Jews was

entirely contrary to German Government purpose...”?

VON NEURATH: By that I wanted to say that the members of the Cabinet,

the majority of them, were against these methods. Apart from that, I can

add that I had just asked Mr. Dodd to go and see Hitler personally so as

to give backing to the suggestions I was making to Hitler. I took him

there.

SIR DAVID MAXWELL-FYFE: But did you know, in May 1934, that the German

Government was going in for systematic and virulent anti-Semitism,

didn’t you know that?

VON NEURATH: Anti-Semitic propaganda, I knew mainly from Herr Goebbels’

speeches.

SIR DAVID MAXWELL-FYFE: Yes; well, let us pass to something a little

more concrete. Had you any reason for disliking General Von Schleicher

or General Von Bredow?

VON NEURATH: No.

SIR DAVID MAXWELL-FYFE: What was the effect on your mind of these two

gentlemen and Frau Von Schleicher being killed in the blood purge of the

30th of June 1934?

VON NEURATH: I hardly need to answer that. Of course, I was repulsed by

it, that is clear; but then I told you the other day that unfortunately

in the case of such a revolt, innocent people always have to suffer as

well.

SIR DAVID MAXWELL-FYFE: I see. But just let us get it clear. You told

the Tribunal the other day that you thought—and had some reason for

thinking—that there was a movement in the SA, that is, a movement led

by Röhm and Ernst, and I suppose people that you would consider

undesirable, of that sort. What reason had you to suppose that General

Von Schleicher and General Von Bredow had been in a conspiracy, if any?

VON NEURATH: I had no reason at all, and I do not believe today that

they were plotting.

SIR DAVID MAXWELL-FYFE: Did you hear about the unfortunate way in which

Herr Von Papen kept on losing secretaries at the same time? You

remember, you know.

VON NEURATH: Exactly the same.

SIR DAVID MAXWELL-FYFE: Do you know that Herr Von Bose and Jung were

killed, Von Tschirschky was arrested, and two other gentlemen were also

arrested? Did you hear about that?

VON NEURATH: Yes, I did, through Herr Von Papen.

SIR DAVID MAXWELL-FYFE: And did you regard the blood purge of the 30th

of June as just another element in the necessary cleaning up of public

life?

VON NEURATH: To the extent that it was carried out with all the outrages

and murders of innocent people, most certainly not.

SIR DAVID MAXWELL-FYFE: Why did you go on in a government that was using

murder as an instrument of political action?

VON NEURATH: I have already told you twice that in the case of such

revolutions such mishaps cannot be avoided, most unfortunately.

SIR DAVID MAXWELL-FYFE: I see. Well, now, let us take just another of

your 1934 experiences. You knew about the terroristic acts that were

going on in Austria in May and June of 1934, did you not? And by

“terroristic acts”—don’t let us have any doubt about it—what I mean is

causing explosions in Austrian public utilities and railways and things

like that. I mean dynamite. I don’t mean anything vague. You knew that

such acts were going on in Austria in May and June 1934, did you not?

VON NEURATH: Yes, I heard about it, and I always opposed that sort of

thing because I knew that it was done by Nazis; and let me say once

more, mostly by Austrian Nazis.

SIR DAVID MAXWELL-FYFE: What position did Herr Köpke have in your

Ministry on the 31st of May 1934?

VON NEURATH: He was the Ministerial Director.

SIR DAVID MAXWELL-FYFE: Ministerial Director: Quite a responsible

position, was it not?

VON NEURATH: Yes.

SIR DAVID MAXWELL-FYFE: Do you remember Herr Köpke reporting to you on

the 31st of May 1934, on a visit of Baron von Wächter?

VON NEURATH: No, I cannot remember that.

SIR DAVID MAXWELL-FYFE: Well, just think; you know. Baron von Wächter

was one of the leaders of the Putsch against Dollfuss 6 weeks later on

the 25th of July. Don’t you remember Herr Köpke making a report to you

and you passing it on to Hitler?

VON NEURATH: No, I cannot remember that.

SIR DAVID MAXWELL-FYFE: Let’s refresh your memory if you don’t remember

it. Would you look at Document D-868? It will become Exhibit GB-515.

Just look at it. I will read it over, but just look at the signatories

carefully; and if you will be good enough to look at the top, I think

you will find on the original, there are your own initials; and on the

left hand side there is a note: “The Reich Chancellor has been informed

6/6.” That is on the 6th of June. That is initialed “L” by Lammers—Dr.

Lammers. Then there is a note below that: “From the Reich Chancellor on

6th June,” also initialed by Lammers I think. And on the other side you

will see there is a note which is certainly initialed “Lammers.”

“Habicht is coming today... L 6/6.” And this memorandum comes back from

the Reich Chancellor to the Foreign Office on the same day. Now just

let’s see what report you were getting from Austria and passing on to

Hitler. We will omit, unless you want it particularly, a description of

Baron von Wächter’s fresh, youthful appearance in Paragraph 1; but it

goes on to say:

“His statements were obviously made in full consciousness of

serious responsibility. His estimation of the affairs and

personalities that came under review was clear and definite.

Herr Von Wächter drew up for me, too, a picture of the situation

in Austria which was, in some of its colors, even darker and

more serious than it had appeared to us here up till now. The

extremist tendencies of the National Socialists in Austria were

constantly on the increase. Terrorist acts were multiplying.

Regardless of who actually undertook the demolitions and other

terrorist acts in individual cases, each such act provoked a new

wave of extremism and also of desperate acts. As Herr Von

Wächter repeatedly and sadly stressed, uniformity of leadership

was lacking. The SA did what it wanted and what it, for its

part, considered necessary. The political leadership at the same

time introduced measures which sometimes meant the exact

opposite. Thus the great terrorist action, as the result of

which the railway lines leading to Vienna were blown up, was by

no means committed by Marxists but by the Austrian SA and indeed

against the wishes of the political leadership which, as he

believed, did not participate in any way either in the act or

its preparation. Such is the picture as a whole. In detail, in

individual provinces and districts, the confusion was, if

possible, even greater.”

Then he says that the main seat of unrest is Carinthia, and where

conditions were worst. And then he says:

“Herr Von Wächter thought that here improvements must be

introduced most speedily, that is, by means of the

centralization of all forces active in the interests of National

Socialism both in and outside Austria. Personal questions should

play no part here. The decisive word in this connection could,

of course, be given only by the Führer himself. He, Wächter, was

in complete agreement with Herr Habicht on all these matters. As

far as he knew, Herr Habicht had already succeeded in having a

brief conversation with the Reich Chancellor today.”

Now just let’s pause there for a moment. Herr Habicht was appointed

about that time press attaché at the German Embassy in Vienna. The

appointment of Herr Habicht as press attaché would be done either by you

or with your approval, would it not? It was under your department?

VON NEURATH: Right now I no longer know if Herr Habicht—Herr Habicht

was the National Socialist leader (Landesleiter) for Austria in Munich

and whether or not he went to Vienna as press attaché I do not know.

SIR DAVID MAXWELL-FYFE: Well, you can take it that he went to Vienna as

press attaché at this time, at the end of May 1934; and what I am asking

you is, was it not either at your order or with your approval that he

was given a post which gave him diplomatic immunity in the middle of his

plottings?

VON NEURATH: If Herr Habicht was really there, this happened neither

with my knowledge nor with my approval; but presumably it was arranged

by the Ministry of Propaganda to whom these press men were subordinated.

SIR DAVID MAXWELL-FYFE: Well, you will agree with me, Defendant, that

this is not a very pleasant document; it does not describe a very

pleasant state of affairs. Let me remind you, this came, from your

Ministerial Director to you and went on to the Führer and came back from

Dr. Lammers with a note: “Habicht is coming today.” Surely as...

VON NEURATH: To the Führer?

SIR DAVID MAXWELL-FYFE: Yes, yes.

VON NEURATH: Besides, Mr. Prosecutor, I want to point out to you that

here only the Austrian National Socialists are being discussed. With

them I had nothing at all to do.

SIR DAVID MAXWELL-FYFE: What I am pointing out to you is that the

document, this Foreign Office document goes to the Reich Chancellery; it

comes back on the 6th of June with a note from Dr. Lammers saying,

“Habicht is coming today.” You must have known all about Habicht on the

6th of June. It is mentioned in this report.

VON NEURATH: Not at all. I have this note from Lammers which means that

Habicht was coming to see the Reich Chancellor. And this report from my

Ministerial Director I immediately passed on to the Reich Chancellor to

show him what the conditions were in Austria. That was the reason.

SIR DAVID MAXWELL-FYFE: But you remember Herr Von Papen giving evidence

a few days ago; and when I asked him who were the leading Reich German

personalities who influenced the Putsch in Austria in July 1934, he

thought for a long time and the only leading Reich German personality

that he could remember as influencing the Putsch was this very Herr

Habicht?

VON NEURATH: Yes.

SIR DAVID MAXWELL-FYFE: Well then, what I am putting to you is—and

pausing there to get it—that you knew very well, on the 6th of June

1934, that Herr Habicht, this leading Reich personality according to the

Defendant Von Papen, was organizing revolution in Austria, didn’t you?

VON NEURATH: Whatever makes you suppose a thing like that? Herr Habicht

never came to see me. He went to see the Reich Chancellor.

SIR DAVID MAXWELL-FYFE: You saw this report. This is a report of your

Ministerial Director. I have just read what Von Wächter thought.

VON NEURATH: There is not one word about Herr Habicht in it.

SIR DAVID MAXWELL-FYFE: Yes, I just read that to you. May I remind you:

“The decisive word in this connection could of course be given

only by the Führer himself. He, Wächter, was in complete

agreement with Herr Habicht on all these matters.”

In other words, what Wächter is putting to the Foreign Office were the

views of Habicht no less than himself.

VON NEURATH: Yes, that is certainly in there. Well, all these terrorist

acts and all these disturbances which are described in this document

were brought to the attention of the Reich Chancellor by myself.

SIR DAVID MAXWELL-FYFE: Well now, just look what the report says at the

foot of the page:

“But when nothing happened in the meantime, and on the other

hand the counter measures of the Austrian Government grew more

brutal and severe from day to day, the radical elements made

themselves felt once more and came forward with the statement

that the Chancellor had issued his order only for tactical

reasons and was inwardly in agreement with every manly act of

opposition and had in view, as his own political aim, merely the

weakening of Dollfuss’ hateful system, though in a way which

should be as unobtrusive as possible to the outside world. They

are now working with this argument.”

Listen to the next bit, his suggestion to you, the nearest warning of

trouble which any Foreign Minister ever heard of:

“One constantly stumbles on this idea during discussions and it

is secretly spreading. A change must be made soon and a uniform

leadership created. Otherwise, as Herr Von Wächter concluded his

impressive description, a disaster may occur any day which would

have the worst possible consequences in foreign policy, not only

for Austria alone, but above all for Germany herself.”

And then, dramatically, in the middle of the conversation, Herr Von

Wächter receives a telephone message that he had better not go back to

Vienna or he will be arrested on his arrival; and within 6 weeks he had

started the Putsch and Chancellor Dollfuss had been shot. Do you

remember now? Did you not appreciate, at the beginning of June 1934,

that there was the greatest danger of an uprising and trouble in

Austria?

VON NEURATH: Yes, quite definitely so. That is the very reason why I

sent the report to the Chancellor. I could not interfere in Austria.

SIR DAVID MAXWELL-FYFE: Perhaps you can tell me, on the question on

which the Defendant Von Papen was unable to specify, who, in your

opinion, were the other prominent Reich German personalities who were

behind the Dollfuss Putsch in Austria? You say you were not. Who, in

your opinion, were these personalities that Herr Von Papen mentions as

being behind the Dollfuss Putsch?

VON NEURATH: I know absolutely none. I know only Habicht, and him I knew

only as a person against whom I protested to Hitler because of his

inflammatory actions. Apart from him I did not know any Reich Germans.

The others were all Austrian National Socialists who have been mentioned

innumerable times during the Trial but whom I did not know.

SIR DAVID MAXWELL-FYFE: I am not mentioning them. I am mentioning the

Defendant Von Papen’s prominent Reich German personalities, and I am

trying very hard to find out who they were Are you taking the same line,

that the only one you can remember is the press attaché, Herr Habicht?

Is that all you can help the Tribunal in this matter?

VON NEURATH: I have already said—and that will have to suffice—I do

not know anyone.

SIR DAVID MAXWELL-FYFE: Is it your opinion that your Minister, Dr.

Rieth, knew nothing about this, despite what Mr. Messersmith says on

that point? Do you think Dr. Rieth knew nothing about the Putsch?

VON NEURATH: I cannot tell you to what extent Herr Rieth was informed.

You know, however, that when he acted ostentatiously later on that I

recalled him right away. Apart from that, I always forbade the ministers

to meddle in such matters.

SIR DAVID MAXWELL-FYFE: You haven’t any doubt in your own mind that Dr.

Rieth knew all about the impending Putsch, have you?

VON NEURATH: Oh yes, I have considerable doubts that he knew all about

it. I do not believe so because his whole character was not at all like

that.

SIR DAVID MAXWELL-FYFE: Well now, at any rate, you knew on the 25th of

July that the Austrian Nazis had made this Putsch and had murdered

Dollfuss?

VON NEURATH: That is not exactly a secret.

SIR DAVID MAXWELL-FYFE: No, I know it. A lot of these things were not

secrets. What I am interested in was your knowledge—when you found out.

VON NEURATH: Afterward, yes.

SIR DAVID MAXWELL-FYFE: But didn’t that give you any qualms about

remaining in a government which had extended its policy of murder from

at home to abroad, through the Party elements in Austria?

VON NEURATH: If I were responsible for every single murderer, for every

single German murderer who was active abroad, then I would have had a

lot of work to do, would I not?

SIR DAVID MAXWELL-FYFE: You knew, Herr Von Neurath—and I shall remind

you how in a moment—you knew that the Austrian NSDAP was in close touch

with, and acting under, the orders of Hitler all the time when Hitler

was head of your Government; you knew that perfectly well, didn’t you?

VON NEURATH: He was the chief of the NSDAP. It is quite natural that

they were collaborating with him.

SIR DAVID MAXWELL-FYFE: Yes. Now there is just one other point...

VON NEURATH: Yes. I want to tell you another thing: I continuously

remonstrated with Hitler, together with Herr Von Papen, about the fact

that this Herr Habicht was doing the things he was.

SIR DAVID MAXWELL-FYFE: We will take that up in a moment. I just want to

get one point of fact. Does this accord with your recollection: I have

been through all the reports of the Defendant Von Papen; and apart from

three personal reports, two dealing with Herr Von Tschirschky and one

dealing with abuse of Hitler, which is of no political significance, we

have 28 reports. Nineteen of these reports are marked as being copies to

the Foreign Office. Is that in accord with your recollection, that three

but of four of Herr Von Papen’s reports would come to you to be seen by

you?

VON NEURATH: That I cannot tell you at this late day.

SIR DAVID MAXWELL-FYFE: You are quite right, Herr Von Neurath. You

wouldn’t know how many went to you, but you say you saw a considerable

number of Herr Von Papen’s reports. I think there were 19; I am sure you

can take it that they are marked—19 are marked, “Passed the Foreign

Office”.

VON NEURATH: I do believe you, yes; but the question is how many were

submitted to me, for I did not receive every individual report from

every ambassador or minister abroad. Otherwise, I would have been

drowned in paper.

SIR DAVID MAXWELL-FYFE: I quite agree; but what I asked you was, did you

receive these from Herr Von Papen, who was supposed to be in a rather

special position dealing with a very difficult problem? Did you receive

a considerable number of reports from Herr Von Papen to Hitler as passed

to you?

VON NEURATH: I can tell you only that I received some reports but

certainly not all. I cannot tell you more than that today.

SIR DAVID MAXWELL-FYFE: My Lord, perhaps this would be a convenient time

to break off.

THE PRESIDENT: We will adjourn at this time.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

SIR DAVID MAXWELL-FYFE: I just want to get two or three facts clear

about 1935 before I put some questions to you.

On the 10th of March Germany announced the establishment of an air force

and on the 16th of March I think you, among others, signed the law

introducing compulsory military service. You explained all that to us; I

don’t want to go over it again, but I just want to ask you about the

Secret Reich Defense Law of the 21st of May 1935. Would you look at

General Thomas’ comment on it.

My Lord, it is at Page 52 of Document Book 12. It is about Page 71 of

the German document book.

THE PRESIDENT: Number 12a or b?

SIR DAVID MAXWELL-FYFE: Number 12, My Lord. That is the original one;

Page 52, My Lord.

“The Central Directorate of the supreme Reich authorities,

ordered in case of war, has influenced the development and the

activity of the war economy organization to such an extent that

it is necessary to discuss this matter in detail. The

foundations had already been laid, for the central organization

of the supreme Reich authorities in the event of a war prior to

1933 in many discussions and decrees, but it was radically

altered when the National Socialists came into power, and

especially by the death of Reich President Von Hindenburg. The

latest orders were decreed in the Reich Defense Law of 21 May

1935, supposed to be published only in case of war but already

declared valid for carrying out war preparations. As this law

fixed the duties of the Armed Forces and the other Reich

authorities in case of war, it was also the fundamental ruling

for the development and activity of the war economy

organization.” (Document 2353-PS)

And you will remember that on the same day the Defendant Schacht had

been made Plenipotentiary for War Economy.

Did you appreciate at the time, Defendant, that that law was the

fundamental ruling for the development and activity of the war economy

organization?

VON NEURATH: Yes, but only in case of a war, that is, in case of

mobilization.

SIR DAVID MAXWELL-FYFE: You see that the point that I am putting to you

is that it had already been declared valid for carrying out war

preparations. Didn’t you understand that it was a big step forward for

war preparations?

VON NEURATH: Not at all. It was not a big step forward at all. It was

only the establishing of the necessary measures in case of a war. In

every country you have to guarantee the co-operation of the various

offices in the event of an attack.

SIR DAVID MAXWELL-FYFE: That is your view. Now, at this time, up to May

1935, is it correct that the German Foreign Office was still staffed by

diplomats or Foreign Office officials of the older school and had not

yet been invaded by the products of the Bureau Ribbentrop?

VON NEURATH: Yes.

SIR DAVID MAXWELL-FYFE: Did you receive any warnings from your own staff

as to the happenings in Austria, or the rearmament, the declaration of

the air force, and the conscription?

VON NEURATH: I was advised about happenings in Austria, as can be seen

from the report which you submitted to me. The re-establishment of the

Armed Forces was a decision which was made in the Cabinet, and of course

I knew about that.

SIR DAVID MAXWELL-FYFE: Yes, but—I am sorry, probably I did not put the

proper emphasis on the word. When I said warning I meant a real warning

from your officials that these happenings were making Germany regarded

abroad as being bloodthirsty and warmongering. Did you get any warnings

from your officials?

VON NEURATH: Certainly not, for that was not the case, and if any

assertions like that were being made abroad, they certainly were not

true.

SIR DAVID MAXWELL-FYFE: Now, would you look at Document 3308-PS, the

affidavit of the interpreter Paul Schmidt.

My Lord, it is Page 68 of Document Book 12a, and it is Page 65 or 66 of

the German version, Paragraph 4.

[_Turning to the defendant._] Now, just let me read you Paragraphs 4 and

5, as to what Herr Paul Schmidt says:

“4. The attempted Putsch in Austria and the murder of Dollfuss

on 25 July 1934 seriously disturbed the career personnel of the

Foreign Office because these events discredited Germany in the

eyes of the world. It was common knowledge that the Putsch had

been engineered by the Party, and the fact that the attempted

Putsch followed so closely on the heels of the blood purge

within Germany could not help but suggest the similarity of Nazi

methods, both in foreign and in domestic policy. This concern

over the repercussions of the attempted Putsch was soon

heightened by a recognition of the fact that these episodes were

of influence in leading to the Franco-Soviet Consultative Pact

of 5 December 1934, a defensive arrangement which was not heeded

as a warning by the Nazis.”

Defendant, let’s take that. In these three points, is it correct, as

Herr Schmidt says, that the attempted Putsch and the murder of Dollfuss

seriously disturbed the career personnel in the Foreign Office?

VON NEURATH: Not only the career personnel of my office were disquieted

over this but I, of course, was also disquieted.

SIR DAVID MAXWELL-FYFE: And taking the last sentence:

“This concern”—that is the disturbance by the Putsch—“over the

repercussions of the attempted Putsch was soon heightened by a

recognition of the fact that these episodes”—blood purge and

the Putsch—“were of influence in leading to the Franco-Soviet

Consultative Pact of December 5, 1934, a defensive arrangement

which was not heeded as a warning...”

Is that correct, that among your staff the concern was heightened by

recognizing that the blood purge and the Putsch had alarmed France and

the Soviet Union as to the position of Germany and led to the

consultative pact?

VON NEURATH: No, that is a personal opinion of the interpreter Schmidt.

SIR DAVID MAXWELL-FYFE: No, with respect to you, Defendant, it is not.

What interpreter Schmidt is saying is that that was the opinion of your

experienced staff in the Foreign Office and that is what I am putting to

you. Is he not right in saying that your experienced staff were

concerned that these events had had their effect on the consultative

pact?

VON NEURATH: Not in the least.

SIR DAVID MAXWELL-FYFE: Well, at any rate...

VON NEURATH: I can only repeat, the two things had no connection with

each other.

SIR DAVID MAXWELL-FYFE: Is he correct in his last statement that that

arrangement was not heeded as a warning by the Nazis?

VON NEURATH: That I cannot say; I do not know.

SIR DAVID MAXWELL-FYFE: Well, now, just look at the next paragraph.

“The announcement in March of the establishment of a German Air

Force and of the introduction of conscription was followed on 2

May 1935 by the conclusion of a mutual assistance pact between

France and the Soviet Union. The career personnel of the Foreign

Office regarded this as a further very serious warning as to the

potential consequences of German foreign policy, but the Nazi

leaders only stiffened their attitude toward the Western Powers,

declaring that they were not going to be intimidated. At this

time the career officials at least expressed their reservations

to the Foreign Minister, Neurath. I do not know whether or not

Neurath in turn related these expressions of concern to Hitler.”

Now, just let us take that. Did—do you agree that the career personnel

of the Foreign Office regarded the Franco-Soviet pact as a further very

severe, very serious warning as to the potential consequences of German

foreign policy?

VON NEURATH: I do not know in the name of which personnel Herr Schmidt

is making these statements. But I, at any event, heard nothing to the

effect that my career personnel had expressed these opinions.

SIR DAVID MAXWELL-FYFE: Well, here is Herr Schmidt saying, “The career

officials, at least, expressed their reservations to the Foreign

Minister, Neurath.” That is you.

VON NEURATH: Yes.

SIR DAVID MAXWELL-FYFE: Are you saying that Herr Schmidt, who after all

was a career official although he was an interpreter for a great deal of

the time—are you saying that Herr Schmidt is not stating what is

accurate when he says that your permanent officials expressed their

concern to you?

VON NEURATH: But quite decidedly. How could Herr Schmidt, who was only

an insignificant civil servant at that time, know what my career

personnel told me and in addition, how could Schmidt judge this? And I

should also like to add that Schmidt said here, before this Court, that

this affidavit, or whatever it may be, was submitted to him after a

serious illness and that he personally knew absolutely nothing more

about the contents. That now...

SIR DAVID MAXWELL-FYFE: You may rest assured, the Tribunal will correct

me if I am wrong, that I put these paragraphs to Herr Schmidt and he

agreed with them when he was giving evidence before this Tribunal.

But now just look at one other statement at the end of Paragraph 6.

Well, we’ll just—we will read Paragraph 6, because I want to ask you

about the end:

“The re-entry of the German military forces into the Rhineland

was preceded by Nazi diplomatic preparation in February. A

German communiqué of 21 February 1936 reaffirmed that the

Franco-Soviet Pact of mutual assistance was incompatible with

the Locarno Treaties and the League Covenant. On the same day

Hitler argued in an interview that no real grounds existed for

conflict between Germany and France. Considered against the

background statements in _Mein Kampf_, offensive to France, the

circumstances were such as to suggest that the stage was being

set for justifying some future act. I do not know how far in

advance the march into the Rhineland was decided upon. I

personally knew about it and discussed it approximately 2 or 3

weeks before it occurred. Considerable fear had been expressed,

particularly in military circles, concerning the risk of this

undertaking. Similar fears were felt by many in the Foreign

Office. It was common knowledge in the Foreign Office, however,

that Neurath was the only person in Government circles consulted

by Hitler who felt confident that the Rhineland could be

remilitarized without armed opposition from Britain and France.

Neurath’s position throughout this period was one which would

induce Hitler to have more faith in Neurath than in the general

run of ‘old school’ diplomats, whom he (Hitler) tended to hold

in disrespect.”

Well, now, if this minor official, of whom you just talked, knew about

and discussed the march into the Rhineland some 2 or 3 weeks before it

occurred, how much before it occurred had you discussed it?

VON NEURATH: Herr Schmidt must have been clairvoyant, for 2 or 3 weeks

in advance even I did not know anything about it. I heard of it about 1

week before Hitler’s decision, and if I—if it says here that I—that it

was generally known in the Foreign Ministry that I was the only one in

the Government circles consulted by Hitler who was confident that the

Rhineland could be remilitarized without armed opposition from Britain

and France, it certainly turned out that I was right.

SIR DAVID MAXWELL-FYFE: You were right—but is it true that you were the

only person in Government circles who thought that it could be occupied

without interference by Britain and France? Is that true?

VON NEURATH: I am not in a position to say whether I was the only one,

but at any rate, I was convinced of this on the basis of my knowledge of

international conditions.

SIR DAVID MAXWELL-FYFE: And so that at any rate, whatever the

limitations of Paul Schmidt, he knew what your position was quite

accurately. Was he not right about it in the last sentence, that your

position throughout the period was one which would make Hitler look to

you rather than to the rest, the other figures of pro-Nazi diplomacy and

foreign affairs, because you were the person who was encouraging him? Is

that not the position?

VON NEURATH: I did not encourage him in any way, but I described the

situation to him as I saw it, and it was later proved that I had been

right.

SIR DAVID MAXWELL-FYFE: Well now, I just want you to deal with one other

point, which is really 1936, but we will deal with it as I have been

dealing with Austria.

You have said once or twice that you objected very strongly to the

description of the Austrian treaty, the treaty between the Reich and

Austria of the 11th of July as being a subterfuge or a façade. That is

right; is it not? You objected very strongly to that view?

VON NEURATH: Yes.

SIR DAVID MAXWELL-FYFE: Do you know that Hitler had given instructions

to the Gauleiter of the Austrian NSDAP to carry on the struggle at the

same time as the treaty was signed?

VON NEURATH: No, I do not know anything about that.

SIR DAVID MAXWELL-FYFE: Just let me remind you. I do not want to put

anything that seems unfair.

My Lord, it is Document Book 12, Page 97.

[_Turning to the defendant._] This is the report of Dr. Rainer, whom the

Tribunal has had the advantage of seeing, and if you will look at the

end of one paragraph he says:

“The agreement of 11 July 1936 was strongly influenced by the

activities of these two persons.”—That is Defendant

Seyss-Inquart and Colonel Glaise-Horstenau—“Papen mentioned

Glaise-Horstenau to the Führer as being a trusted person.”

Now the next paragraph:

“At that time the Führer wished to see the leaders of the

Party...”

THE PRESIDENT: Sir David.

SIR DAVID MAXWELL-FYFE: I am sorry, My Lord.

THE PRESIDENT: Do you say 97 of Document Book 12?

SIR DAVID MAXWELL-FYFE: I did, My Lord, yes. Yes, My Lord; it is the

third paragraph and begins, “At that time...”

THE PRESIDENT: Oh yes, I see it.

SIR DAVID MAXWELL-FYFE: If Your Lordship please:

“At that time the Führer wished to see the leaders of the Party

in Austria, in order to tell them his opinion on what Austrian

National Socialists should do.” (Document Number 812-PS)

THE PRESIDENT: I am afraid it was another “at that time” that we were

looking at. Could you give us some other indication?

SIR DAVID MAXWELL-FYFE: My Lord, it is in the middle.

THE PRESIDENT: It is on 98 in ours.

SIR DAVID MAXWELL-FYFE: I am so sorry, My Lord. The paging must be

different. I beg Your Lordship’s pardon.

[_Continuing._] “At that time the Führer wished to see the

leaders of the Party in Austria in order to tell them his

opinion on what Austria National Socialists should do. Meanwhile

Hinterleitner was arrested, and Dr. Rainer became his

successor...”

Mind you, this is the man who is making this statement.

“...successor and leader of the Austrian Party. On 16 July 1936

Dr. Rainer and Globocznik visited the Führer at the

Obersalzberg, where they received a clear explanation of the

situation and the wishes of the Führer. On 17 July 1936 all

illegal Gauleiter met in Anif near Salzburg, where they received

a complete report from Rainer on the statement of the Führer and

his political instructions for carrying out the fight. At the

same conference the Gauleiter received organizational

instructions from Globocznik and Hiedler.”

Did you not know—did Hitler not tell his Foreign Minister, who had just

supervised the conclusion of this treaty, that he intended to give the

illegal Gauleiter instructions as to how to carry on the fight? Didn’t

he tell you that?

VON NEURATH: No, he did not tell me that, but I do remember—I believe

it was the same Dr. Rainer who appeared here as a witness—who stated

that Hitler summoned him and other Gauleiter and told them that in the

future they were to observe strictly the agreements of 1936. By the way,

the matter that you just quoted is not mentioned at all in the document

which was submitted to me.

SIR DAVID MAXWELL-FYFE: No, that’s not mentioned. What is mentioned is

the political instructions for carrying out the fight and the

organizational instructions from Globocznik. At any rate, you knew

nothing about that?

VON NEURATH: No.

SIR DAVID MAXWELL-FYFE: Well, it is rather difficult for you to judge

whether the treaty is made sincerely if you do not know the instructions

that are given to the illegal Party in Austria by Hitler, is it not?

VON NEURATH: Yes, naturally.

SIR DAVID MAXWELL-FYFE: Well now, just let’s deal with one or two other

points. I would just like you to look at what Mr. Messersmith says at

the end of 1935. You remember this statement—I will give you the

reference in a moment—that:

“...Europe will not get away from the myth that Neurath, Papen,

and Mackensen are not dangerous people and that they are

‘diplomats of the old school.’ They are in fact servile

instruments of the regime and just because the outside world

looks upon them as harmless, they are able to work more

effectively. They are able to sow discord just because they

propagate the myth that they are not in sympathy with the

regime.”

Now, can you tell us up to the date on which Mr. Messersmith wrote

that—on October 10, 1935—of a single instruction of Hitler’s that you

had not carried out?

VON NEURATH: I did not quite understand. A single instruction...

SIR DAVID MAXWELL-FYFE: My Lord, I am sorry; I mislaid the reference. It

is Document Book 12, Page 107. That is the reference to it.

[_Turning to the defendant._] You see, Mr. Messersmith is there saying

that you and the Defendant Von Papen and Von Mackensen are servile

instruments of the regime. Now, I am just asking you whether you could

tell us up to the date that Mr. Messersmith wrote, on 10 October 1935,

any instruction of Hitler’s that you had refused to carry out.

VON NEURATH: Not only one, but quite a few. I have testified as to the

number of times I contradicted Hitler, and I have expressed myself about

what Mr. Messersmith is assuming here again—about the importance of Mr.

Messersmith’s affidavit.

SIR DAVID MAXWELL-FYFE: Defendant, I put it this way: Up to October 10,

1935, what did you tell the Tribunal was the most serious thing that

Hitler had ordered you to do and you had refused to carry out? What was

the most serious—the one that mattered most?

VON NEURATH: Well on the spur of the moment, that is a question that I

cannot answer. How should I know what the most serious question was

which I opposed? I opposed all sorts of things.

SIR DAVID MAXWELL-FYFE: If you can’t remember what you think is the most

serious, I shan’t trouble you with it any more, but I want...

VON NEURATH: Well, you are quite welcome to submit it to me, but don’t

produce an allegation out of a clear sky without giving me the chance to

refute it.

SIR DAVID MAXWELL-FYFE: I was asking you to tell us, but I will pass on

to what another American diplomat put. I would like to ask you about Mr.

Bullitt’s report, with which I gather you agree. My Lord, that is L-150,

and it is at Page 72 of the Document Book 12.

My Lord, I hope that there is no difference of the paging—72 of mine.

THE PRESIDENT: Yes; it is 74.

SIR DAVID MAXWELL-FYFE: Yes, it is 74. I am sorry, My Lord.

[_Turning to the defendant._] Now, it is the second paragraph there.

After saying that he had a talk with you, he says:

“Von Neurath said that it was the policy of the German

Government to do nothing active in foreign affairs until ‘the

Rhineland had been digested.’ He explained that he meant that

until the German fortifications had been constructed on the

French and Belgian frontiers, the German Government would do

everything possible to prevent rather than encourage an outbreak

by the Nazis in Austria and would pursue a quiet line with

regard to Czechoslovakia. ‘As soon as our fortifications are

constructed and the countries of Central Europe realize that

France cannot enter German territory at will, all those

countries will begin to feel very differently about their

foreign policies and a new constellation will develop...’”

You agree you said that?

VON NEURATH: Yes, yes, certainly. Yesterday or the day before I

testified in detail about what that was supposed to mean. Moreover, it

does not make any difference.

SIR DAVID MAXWELL-FYFE: I would like to see if you agree with the

meaning I suggest. That is that as soon as you had got your

fortifications in sufficiently good order on your western frontier, you

would proceed to try and secure an Anschluss with Austria and to get

back the Sudetenland from Czechoslovakia. Isn’t that what it means?

VON NEURATH: No, no, not at all. That is quite clear in the document.

What I meant by this and what I expressed was that these countries,

particularly Czechoslovakia and France, would change their policy toward

Germany, because they could no longer march through Germany so easily.

SIR DAVID MAXWELL-FYFE: You appreciate, Defendant, what I am putting to

you? I think I made it quite clear—that at the time that you were

facing the Western Powers with the remilitarization of Germany and the

Rhineland—that is in 1935 and 1936—you were then giving assurances to

Austria, which Hitler did in May 1935, and you made this treaty in 1936.

As soon as you had digested your first steps, you then turned against

Austria and Czechoslovakia in 1938. I am suggesting, you see, that you

were talking the exact truth and prophesying with a Cassandra-like

accuracy. That is what I am suggesting—that you knew very well that

these intentions were there.

VON NEURATH: What?

SIR DAVID MAXWELL-FYFE: You say you didn’t?

VON NEURATH: Not at all, not at all, not at all! That is an assumption

on your part, for which there is absolutely no proof.

SIR DAVID MAXWELL-FYFE: We will not argue it further because we will

come on to just one other point before we proceed to 1937.

You have told the Tribunal, not once but many times, that you did not

support the Nazi attitude toward the Christian churches, of oppressing

the churches. That is I have understood you correctly, have I not?

VON NEURATH: Yes, indeed.

SIR DAVID MAXWELL-FYFE: Now, and you say that you resisted and actively

intervened against the repression of the Church. Would you just look at

Document 3758-PS.

My Lord, that will become Exhibit GB-516. My Lord, Your Lordship will

find it in Document Book 12a, Page 81.

[_Turning to the defendant._] This is an entry which must have been

fairly early in 1936 in the diary of the Reich Minister of Justice:

“The Reich Foreign Minister transmits, with a personal note for

confidential information, a letter from Cardinal State Secretary

Pacelli”—that is the present Pope—“to the German Ambassador in

the Vatican, in which he urges an act of pardon for Vicar

General Seelmeyer. He, the Reich Foreign Minister, remarks to

this that after the heavy attacks on German justice by the Holy

See in the note of 29 January, there is no reason in his opinion

to show any deference to the Vatican. He recommends it, however,

since for foreign policy reasons it is to our interest not to

let our good personal relations with Pacelli cool off.”

Now, Defendant, will you tell me anything that showed the slightest

personal interest in the fate of Father Seelmeyer, or were you only

concerned with showing a firm front to the Vatican and not losing your

good relations with Cardinal Pacelli?

DR. VON LÜDINGHAUSEN: Mr. President, the document has just been

submitted to me; I have had no opportunity whatsoever to look this

document over and inform myself about it. Likewise, I do not know of

there having been any talk about a diary of the Reich Minister of

Justice up to now in this Trial. Therefore, I am not in a position to

judge how the Reich Minister of Justice could have made this entry in

his diary at all.

Since these notes have apparently been taken out of their context, it is

not possible for me to form any kind of a picture of the significance of

the entry as a whole, and naturally it is even less possible for the

defendant to do so.

Therefore, I must protest against the admissibility of this question and

against the submission of this document.

SIR DAVID MAXWELL-FYFE: This is a perfectly good captured document. It

is a copy of the original diary of the Reich Minister of Justice, and it

is therefore admissible against the defendant.

THE PRESIDENT: Dr. Von Lüdinghausen, you can see the original document.

SIR DAVID MAXWELL-FYFE: My Lord, actually, I am just told by my American

colleagues that this diary has been used before, that extracts were put

in in the case against the Defendant Von Schirach.

VON NEURATH: Mr. President, I have no objection...

THE PRESIDENT: One moment.

DR. VON LÜDINGHAUSEN: I could not understand a word, Mr. President. I am

sorry, I could not understand. I can hear now.

THE PRESIDENT: When you make an objection, you should see that the

instrument is in order.

What I said was that you can see the original document. And I am told

now that the original document has been used before, and that therefore

there is nothing to prevent its being used in cross-examination. It is a

captured document, and you can see the original.

DR. VON LÜDINGHAUSEN: I did not know that, Mr. President.

SIR DAVID MAXWELL-FYFE: What I am putting to you, Defendant, is that

your statement to the Minister of Justice shows no concern for the

individual priest about whom the complaint had been made; it is merely

concerned with your relations with the Vatican and with Cardinal

Pacelli, as he then was. Is that typical of your interferences? Is this

typical of your interferences for the sake of ill-treated priests?

VON NEURATH: I naturally cannot remember this case any more, but the way

it stands there in the entry I was perfectly justified. According to the

entry, I said that we had no reason to show any special consideration

after the then Cardinal State Secretary, or Pope had attacked German

justice, but that, as Foreign Minister I considered it important not to

disturb our relations with Pacelli. I cannot see what conclusions you

want to draw from this.

SIR DAVID MAXWELL-FYFE: Well, I don’t want to trespass on the ground of

my Soviet colleagues, but you know that the Czech report accuses you,

with complete impartiality as far as sect is concerned, of your

Government ill-treating the Catholics, Protestants, Czech National

Church, and even the Greek Church in Czechoslovakia. You know that all

these churches suffered during your protectorate—do you agree that all

these churches suffered under your protectorate?

VON NEURATH: No, not at all.

SIR DAVID MAXWELL-FYFE: All right, I won’t go into the details, but I am

suggesting to you that your care about the various religious confessions

did not go very deep.

VON NEURATH: That is again an assertion on your part which you cannot

prove.

SIR DAVID MAXWELL-FYFE: Well, I would just like to put one thing. You

remember telling the Tribunal this morning of the excellent terms that

you were on with the archbishop of Prague?

VON NEURATH: I said that I had good relations with the archbishop.

SIR DAVID MAXWELL-FYFE: I would just like you to look at this copy.

My Lord, this is a copy, but General Ecer assures me that he can get the

original from the Czech Government files. I received it only a half hour

ago. General Ecer, who is here from Czechoslovakia, says that he can

vouch for the original.

I’d like the defendant to look at it. Is that a letter which you

received from the archbishop?

My Lord, it is Document D-920, and it will be Exhibit GB-517:

“Your Excellency, very esteemed Herr Protector of the Reich:

“Your last letter has filled me with such sorrow because I could

not but gather from it that not even Your Excellency is prepared

to believe me—that I lost consciousness and had to call

university Professor Dr. Jirasek, who remained beside my sickbed

for an hour—he is coming again today, together with the

specialist on internal diseases....”

And then he gives his name.

“Your Excellency may be sure that I shall always do what I can

to please you. But please, have mercy on me, too, and do not

demand that I should act against the laws of the Church.

“Yours, _et cetera_, Karl Cardinal Kaspar, M. P. prince

archbishop.”

Do you remember that?

VON NEURATH: I cannot say what this refers to. I have no idea; there is

nothing in it, and I cannot tell you what it referred to.

SIR DAVID MAXWELL-FYFE: You can’t remember this occasion when the prince

archbishop wrote to you and told you the effect, the illness that he had

suffered from and beseeched you not to ask him to do something against

the laws of the Church? It doesn’t remain in your mind at all, does it?

VON NEURATH: No.

SIR DAVID MAXWELL-FYFE: All right, we’ll leave that. Well now, I want

you to just tell me this, before we pass on to the later occurrences in

1937. You remember you dealt yesterday with your speech—I think it was

to the German Academy of Law. You remember the speech, in August of

1937? I can give you a reference. Would you like to look at it?

VON NEURATH: I only need the reference to where I spoke.

SIR DAVID MAXWELL-FYFE: You remember it, I only wanted to save time.

Don’t you remember? I will put it to you if you like. It is the speech

of the 29th of August 1937, and I will give you the reference in one

moment. What I wanted to ask you was this—you said:

“The unity of the racial and national will created through

Nazism with unprecedented élan has made possible a foreign

policy by means of which the chains of the Versailles Treaty

were broken.”

What did you mean by “the unity of the racial will” produced by Nazism?

VON NEURATH: By that I probably meant that all Germans were unified more

than ever before. At this date I can no longer tell you what I meant by

this, either. But nevertheless I was merely establishing a fact.

SIR DAVID MAXWELL-FYFE: I see. Now tell me. That was in August 1937. You

told the Tribunal the effect that the words of Hitler, on the 5th of

November 1937, had upon you, and your counsel has put in the statement

by Baroness von Ritter. After these words...

VON NEURATH: In November?

SIR DAVID MAXWELL-FYFE: Yes, November of 1937.

VON NEURATH: Yes, indeed.

SIR DAVID MAXWELL-FYFE: Now, after these words had had that effect, with

whom did you discuss them among the people who had been present at the

Hossbach interview?

VON NEURATH: This speech was not made at Berchtesgaden at all. That is a

mistake; it was at Berlin, this address.

SIR DAVID MAXWELL-FYFE: I didn’t say Berchtesgaden; I said at the

Hossbach conference. We call it the Hossbach conference because he took

the minutes.

VON NEURATH: I have already told you yesterday with whom I spoke,

General Von Fritsch, and with Beck, who was then Chief of the General

Staff; and I also testified that we agreed at that time jointly to

oppose Hitler and the tendency which he had revealed in this speech.

SIR DAVID MAXWELL-FYFE: Did you speak about it to Hitler?

VON NEURATH: Yes. I testified yesterday in detail that I did not have a

chance to speak with Hitler until 14 or 15 January, because he had left

Berlin and I could not see him. That was the very reason why I asked for

my resignation at that time.

SIR DAVID MAXWELL-FYFE: Did you speak about it to Göring or Raeder?

VON NEURATH: No.

SIR DAVID MAXWELL-FYFE: Now I want you to just tell me one word or two

about this Secret Cabinet Council to which you were appointed after you

left the Foreign Office.

Would you look at the first sentences of the report of that meeting on

the 5th of November?

My Lord, it is Page 81 in the English Document Book 12, and Page 93 of

the German document book.

It is only the first two sentences, Defendant:

“The Führer stated initially that the subject matter of today’s

conference was of such importance that its detailed discussion

would certainly, in other states, take place before the Cabinet

in full session. However, he, the Führer, had decided not to

discuss this matter in the larger circle of the Reich Cabinet

because of its importance.”

Then, if you will look at the people who were there: There is the

Führer; the Minister for War; the three Commanders-in-Chief; and the

Minister of Foreign Affairs.

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, volume 17 · 第 5 / 51 题