I did not want my friend to be under any misapprehension.

DR. HORN: At any rate, Mr. President, Mr. Churchill was one of the

statesmen best known in Germany. This statement, which Churchill made at

that time on the occasion of his visit to the embassy, was immediately

reported to Hitler by Ribbentrop and was, in all probability, one of the

reasons for Hitler’s making the statements quoted in the so-called

Hossbach document, submitted as Document Number 386-PS, which contains

statements and declarations so surprising to the participants and in

which the Prosecution saw the first definite evidence of a conspiracy in

the sense of the Indictment.

Furthermore, I should like to say that the British Prosecutor, Jones,

mentioned that, after the seizure of Czechoslovakia by Germany, people

in England and Poland became very concerned. Therefore negotiations

between England and Poland were started, and a pact of guarantee

concluded.

On the basis of this statement of Churchill which has been mentioned,

and those of other important British statesmen, according to which

England would bring about a coalition against Germany within a few years

in order to oppose Hitler with all available means—as a result of these

statements, Hitler became henceforth more keenly anxious to increase his

own armaments and to busy himself with strategic plans.

For these reasons I consider Churchill’s statement extraordinarily

important and I ask that this witness be called.

SIR DAVID MAXWELL-FYFE: I have stated my point, My Lord; I do not think

I can add to it.

THE PRESIDENT: The Tribunal would like to have Dr. Horn’s observations,

which they have only heard through the microphone, in writing on this

subject.

DR. HORN: As the next witnesses I name Lord Londonderry, Lord Kemsley,

Lord Beaverbrook, and Lord Vansittart. Interrogatories have already been

sent out to these witnesses.

SIR DAVID MAXWELL-FYFE: These witnesses are being dealt with by

interrogatories and we make no objection to the interrogatories.

DR. HORN: As the next witness I would like to call Admiral Schuster;

last address, Kiel.

SIR DAVID MAXWELL-FYFE: We object to the calling of Admiral Schuster.

The grounds for his being asked for are that he took part in the

negotiations which led to the German-English Naval Treaty of 1935.

Apparently the point that is desired to be made is that the treaty was

concluded on this defendant’s initiative.

The Prosecution submit that that point is irrelevant; that the

negotiations before the treaty are irrelevant, and the treaty is there

for the Tribunal to take judicial notice of and from which my friend can

find any argument which he desires.

But in general, the Prosecution wish to stress that going into

negotiations anterior to old-standing treaties would be an intolerable

waste of time when there are so many vital issues before the Tribunal.

DR. HORN: In this Trial we are discussing straightforwardly the problem

of plans and preparations. In this connection it is certainly not

inappropriate to hear evidence as to what the German Government, and

especially Ribbentrop, had planned and prepared at that time. This

planning and preparations which took place within the negotiations

leading to the signing of the naval treaty was carried further than just

to the conclusion of that treaty. The treaty was considered by Von

Ribbentrop—and Admiral Schuster can bear witness to the fact—the first

cornerstone in a close treaty of alliance between England and Germany.

To make these intentions clear to the Tribunal, and thereby the policy

which the Defendant Von Ribbentrop pursued, I consider this witness

important; and I ask Sir David to modify his position.

SIR DAVID MAXWELL-FYFE: I am afraid I cannot. My colleagues and I have

considered this matter very carefully and I have put our general

position as to pre-treaty negotiations, especially as to treaties of

long standing. With the greatest desire to be reasonable, to help Dr.

Horn, I am very sorry I cannot, at this point, accede to his request.

GEN. RUDENKO: I would like to complete what my colleague, Sir David, has

stated by the following:

Dr. Horn has requested us to justify the arguments of the Prosecution. I

believe that there is one fundamental divergence in this matter between

the Prosecution and the Defense. The Defense, in calling witnesses, give

evidence and try to prove the defendants’ endeavors to conclude

peace-promoting agreements. We proceed from another fact, namely, the

treacherous violation of concluded agreements and the commission of

crimes contravening these agreements. And it seems to be quite

superfluous to call witnesses to prove that the defendants strove, in

view of these considerations, to sign peaceful agreements. The violation

and treachery in the fulfillment of these agreements are generally known

facts.

THE PRESIDENT: Dr. Horn, in order to test the relevancy of this class of

evidence, I should like to ask you this question:

Assume that Ribbentrop did want to make agreements with England and did

not wish that Germany should make war on England. What relevancy would

that have to the allegation that Germany was planning to make war upon

Poland?

DR. HORN: Mr. President, to be able to answer that question decisively

as far as the conduct of the Defense is concerned, I would have to go

back to the state of all the political and diplomatic affairs of the

period previous to the second World War. To explain the reasons for

calling witnesses, I would not like to enter into arguments yet on such

matters of principle before I have thoroughly scrutinized all the

possible evidence at my disposal and formed a definite opinion—and a

basis for my conduct of the Defense. The ruling which the President gave

regarding reasons for summoning witnesses—that the Tribunal will help

us to procure the witnesses and the evidentiary material—I have

understood to mean that for the summoning of witnesses, we have only to

state reasons which in all probability would be confirmed by the

witnesses themselves after preliminary interrogation.

To make it quite clear, I do not wish to prejudice myself.

THE PRESIDENT: It is a material question to consider in considering what

evidence is relevant. But as you do not wish to commit yourself upon the

point, you can proceed.

DR. HORN: The next witness is Ambassador Dr. Paul Schmidt, former

interpreter at the Foreign Office in Berlin, at this time probably at

Oberursel in the interrogation camp.

SIR DAVID MAXWELL-FYFE: May it please the Tribunal, with regard to the

next two witnesses, who are grouped together in the application, they

are desired to give evidence of the fact that this defendant asked

Hitler five or six times for permission to resign. Again I make the

point, which I have made several times to the Tribunal, that if these

witnesses can give evidence from the Hitler side of these offers, then

there would be no objection.

If they merely give evidence of the fact that Von Ribbentrop told them

that he had offered to resign, that does not, in the submission of the

Prosecution, take it any further. But it may well be that there are

letters which went to Hitler which these gentlemen saw; and if that is

the purpose of their evidence, then the Prosecution feel that it might

be relevant, certainly on the question of sentence; if not, then they

would reserve all rights to say whether it was a question of guilt or

innocence in view of the provisions of the Charter.

I therefore suggest that the reasonable course would be for both these

gentlemen to make affidavits of their means of knowledge and that would

deal with the point which I have put to the Tribunal.

THE PRESIDENT: Do you suggest a preliminary affidavit rather than

interrogatories? Would not interrogatories be wiser?

SIR DAVID MAXWELL-FYFE: I would agree, My Lord; interrogatories which

would cover that point of means of knowledge would be the best thing. I

do not think, if I may put it that way, that it would be worth while

making two bites at the cherry, if I may use a colloquialism.

DR. HORN: We can talk about the next two witnesses at the same time. I

believe I can already say that Sir David will give the same reasons

against them as he did against the other witnesses.

SIR DAVID MAXWELL-FYFE: I should have thought, My Lord, that my friend

and I could agree that they stand or fall with the Tribunal’s decision

on Admiral Schuster.

DR. HORN: Then, I would like to forego the calling of these two

witnesses, provided the Court will grant me Admiral Schuster.

The next witness is the former Chief Recorder at the Foreign Office,

Dörnberg, at present most probably interned at Augsburg.

SIR DAVID MAXWELL-FYFE: Again, with great respect, Herr Dörnberg’s views

on the veracity of Count Ciano, in my submission, are not relevant. If

we get into calling witnesses to express their views as to the veracity

of or other characteristics of the statesmen of Europe, the Tribunal

would embark on a course that might well take a very long time and would

not lead to any great results, and I respectfully submit that this is

not a class of testimony or a ground of testimony which the Tribunal

should entertain.

DR. HORN: Mr. President, with reference to this matter I can say that

Ciano, himself, in his diary which has now been made accessible to us,

presents this proof—at least as to the decisive point—which Mr.

Dörnberg is supposed to bring; and we shall submit it to the Court at

the proper time and—I believe I can say—in a conclusive form.

The second point of Dörnberg’s statement deals with the matter of

decoration. The Russian Prosecution has accused Ribbentrop of bartering

Siebenbürgen for a high Romanian order. For this reason I would like

permission to question Mr. Dörnberg about this point either here or in

the form of an affidavit.

THE PRESIDENT: Yes.

DR. HORN: Next I name Ambassador Schnurre, chief of the commercial

policy department of the Foreign Office, present whereabouts unknown,

presumably in custody in the British zone.

SIR DAVID MAXWELL-FYFE: With great respect, My Lords, the Prosecution

again say that there is no need for a witness to be called to give

information that his political chief intended to keep a treaty which he

signed. The very grounds that are given for the application seem to me

to show that this is really a matter of comment and argument, and we

submit that a witness on this point is both irrelevant and unnecessary.

DR. HORN: I ask the Tribunal to permit me this witness, because the fact

alone that the witness can testify about the sincerity or insincerity or

the intentions of his chief is not so important for me as the fact that,

on the basis of participation at the negotiations and preliminary

negotiations and his discussions with other important persons about the

background of this treaty, he can testify with regard to an important

point of the Indictment.

THE PRESIDENT: May I ask you again, with reference to the relevance of

this evidence, suppose it were true that in August 1939 the German

authorities intended to keep the treaty which was made with Russia, that

depended or might have depended upon whether England supported Poland in

the war which Germany was about to begin with Poland; and it may very

well be that the German authorities intended to keep the treaty with

Russia in order to keep Russia out of the war with Poland and England.

Therefore, how would the intention of Ribbentrop at that time be

relevant?

DR. HORN: Mr. President, for determining the criminal facts in this case

in order to establish guilt, it is material to know the extent to which

the Defendant Ribbentrop, as a human being, strove to keep the treaty;

and it is a different question how far he may have been compelled, by

political necessity and other forces, to witness how a treaty was not

kept in the sense in which it was originally signed.

THE PRESIDENT: You can pass on.

DR. HORN: Ambassador Ritter of the Foreign Office, eventually a liaison

man with the OKW; at this time most probably in the internment camp at

Augsburg.

SIR DAVID MAXWELL-FYFE: The application for Ambassador Ritter falls into

two parts. One raises the point which we have just been discussing with

regard to the Russo-German Treaty of 23 August 1939, and I have

indicated the view of the Prosecution on that. The second deals with the

defendant’s attitude with regard to the treatment of Allied airmen. The

position at the moment is that I put in a document which was prepared by

Ambassador Ritter and another document in which Ambassador Ritter said

that the Defendant Ribbentrop had approved the memorandum from the

German Foreign Office dealing with the proposals for lynching aviators

and handing them over to the SD before they could become prisoners of

war and entitled to the rights under the Convention.

If it is desired to say that Ambassador Ritter was wrong in stating that

Ribbentrop had approved the memorandum, then, of course, it would be a

relevant point. But at the moment these documents are in, and I am not

quite clear from this for what purpose my friend wishes him called on

the second point. If there is any further purpose, then perhaps Dr. Horn

will indicate it.

DR. HORN: Sir David has just stated the reason why I have requested the

witness. The witness is supposed to and will testify that Von Ribbentrop

was opposed to special treatment of terror fliers—at least for acts

covered by the Geneva Convention—without previous notification to the

signatory powers of that convention.

SIR DAVID MAXWELL-FYFE: Dr. Horn says that he wants to call Ambassador

Ritter to contradict the two documents prepared by Ambassador Ritter,

which are already in evidence. Then I can’t make any objection. That is

obviously a relevant point, if he is going to contradict his own

document.

THE PRESIDENT: Would it be acceptable to Dr. Horn to have

interrogatories administered to Ambassador Ritter, or would the

Prosecution prefer that he should be called, if he is to give evidence

of any sort?

SIR DAVID MAXWELL-FYFE: If he gives evidence, the Prosecution would

prefer that he should be called, because that is our position. There are

two documents in, prepared by this gentleman; and if he is going to

contradict them, then I suggest he should come and do it in person.

DR. HORN: I leave it up to the Prosecution.

THE PRESIDENT: Yes.

DR. HORN: The next witness is the former German Ambassador in Oslo, Von

Grundherr, at present presumably in Allied custody.

SIR DAVID MAXWELL-FYFE: Again, I don’t want to go into detail. The

position is that there is a document before the Court signed by the

Defendant Rosenberg in which he says that 10,000 pounds sterling a month

were given to Quisling through an arrangement with this gentleman. If

Dr. Horn wishes to call Herr Von Grundherr to contradict the statement

of the Defendant Rosenberg, again I suppose the Prosecution cannot make

any objection.

THE PRESIDENT: Yes.

DR. HORN: Regarding the witnesses which I have listed under points 30 to

34, I can limit my statement to the fact that I want to call them to

testify that Ribbentrop, from 1933 to 1939, also earnestly and

constantly endeavored to bring about close relations with France.

The witnesses, above all M. Daladier, former Prime Minister of France,

can give substantive, detailed evidence about these efforts. If the

Court should decide that these witnesses, or some of these witnesses,

could give their testimony in the form of affidavits, I will submit

relevant questions to the Tribunal.

SIR DAVID MAXWELL-FYFE: In the submission of the Prosecution, the

grounds stated for calling these witnesses are too vague and general to

justify their being called before the Court. When two countries are at

peace, the fact that a foreign minister or an ambassador has made

statements saying that he hopes the good relations between the two

countries will continue, or words to that effect, does not really take

us any further; and it would, in the submission of the Prosecution, be a

waste of time for witnesses to be called for such a purpose.

Apart from that, the first four witnesses, the Marquis and Marquise De

Polignac, and Count and Countess Jean de Castellane, as far as the

Prosecution know, have not been in any official position, and there is,

therefore, the additional objection that calling people who may be the

most admirable people but are in a position of general friendship to

talk as to what really becomes their view of the state of mind of a

defendant, is not evidence which is relevant or which the Tribunal

should entertain.

DR. HORN: With these witnesses the Defense wishes to prove exactly the

fact that the efforts of Ribbentrop with respect to France went further

than normal remarks which could not be called anything more than

_courtoisie internationale_. For this reason I ask that one or the other

of the witnesses in this group be granted me.

THE PRESIDENT: Dr. Horn, these witnesses seem to raise the same question

as to relevance as I put to you earlier on them.

Assuming that it was the intention of the German Foreign Office to try

to keep France out of any war which Germany was preparing to make, what

relevance has that got to the question whether she was about to make an

aggressive war upon Poland?

DR. HORN: I would like through these witnesses to produce evidence that

it was at least not the intention of the Defendant Von Ribbentrop to

plan and prepare wars but that he has tried for years to improve

relations with Germany’s neighboring states.

The Prosecution, Mr. President, accuses my client also of having planned

and carried out aggressive aims, war against England and France. If the

Prosecution will forego this point, I, of course, can also forego these

witnesses.

THE PRESIDENT: The Tribunal will give this the necessary consideration.

DR. HORN: The next witness is Mr. Ernest Tennant of London.

SIR DAVID MAXWELL-FYFE: With regard to this witness, I don’t know the

gentleman, and I have never heard of him, and the only information which

is in the application is that he is a member of the firm of Tennant and

Company and a member of the Bath Club, and also that he was well known

to the Defendant Ribbentrop. But the matters for which he is sought to

be called are surely the acme of irrelevance. It is submitted that the

witness can testify that in the early and middle 30’s the defendant

asked him to bring him in contact with Lord Baldwin, Mr. Macdonald, and

Lord Davidson for the purpose of negotiating with the latter toward

paving the way to good political relations, aiming at the conclusion of

an alliance. In 1936 the defendant was Ambassador to the Court of St.

James. Mr. Macdonald had just ceased being Prime Minister in 1935 and

was still, I think, Lord President of the Council. Lord Baldwin was then

Prime Minister and Lord Davidson, I think, was Chancellor of the Duchy

of Lancaster in the same administration. At any rate, he held a

comparatively less important office.

But how it can be relevant to the issues before this Tribunal, that at

or shortly before that time the defendant asked a gentleman of no

official position whether he could introduce him to the three gentlemen

I have just mentioned, I really suggest, cannot be stated; and I submit

that this witness should not be allowed.

DR. HORN: Mr. President, in the naming of witnesses we always come back

to the same fundamental question. The Prosecution always raises the

question: What can this witness tell us about the fact that Germany did

or did not march against Poland, or is to blame for the Polish-German

war, inasmuch as the witness comes from an entirely different country

and has nothing to do with Poland or Polish affairs?

The Defense is of the opinion, on the other hand, that the entire policy

of Germany toward Poland can only be understood within the framework of

the whole of European politics. Therefore, the Defense has called for

witnesses whom the Prosecution would like to exclude, because they can

offer us material for the reconstruction of the large picture. With this

in mind, I also ask for Professor Conwell-Evans of London.

SIR DAVID MAXWELL-FYFE: May it please the Tribunal again I have never

heard of Professor Conwell-Evans, and he does not appear in the Who’s

Who, the British publication showing a very large number of the citizens

who have certain grades of distinction or hold certain offices. But I

would like Dr. Horn to consider this point, which I respectfully put to

the Tribunal:

Accepting that every word that is stated in this application with regard

to Professor Conwell-Evans was said in Court by Professor Conwell-Evans,

I submit that it would not advance the case at all and that the Tribunal

would be left in exactly the same position if it had that evidence as it

is in at the present moment. After all, the defendant will be able to

give evidence himself and to make his own impression on the Tribunal as

to his intentions and as to his honesty of mind at various times. The

submission of the Prosecution is that the evidence of this gentleman

would not help the Trial at all and is not relevant to any issue before

the Court.

THE PRESIDENT: Yes.

DR. HORN: As next witness I name Wolfgang Michel, Oberstdorf in Allgäu,

the witness under Number 38.

SIR DAVID MAXWELL-FYFE: This gentleman is stated to have been a partner

in the defendant’s former business. According to the application, it is

really desired that he should give his views of the defendant’s general

attitude and state of mind. Again, the Prosecution fail to see to what

issue he is relevant; but it may be that it would please the defendant

to have affidavits from an old business partner to give his views on the

defendant. If that is desired, the Prosecution would be prepared to

consider such an affidavit; but they really must take up the consistent

attitude that a witness of this kind is irrelevant—a witness who is

going to say, “I have known this defendant for 20 years; I have been in

business with him; and I have always had a high opinion of him.” That,

in the submission of the Prosecution, does not touch the issues before

this Tribunal and, therefore, is irrelevant. But, as I say, if my friend

cares to produce an affidavit, the Prosecution will consider it with the

greatest sympathy.

DR. HORN: I would be satisfied, in the case of the witness Michel, with

an affidavit.

Mr. President, I would like to come back to the witness listed under

Number 5, Legation Counsellor Gottfriedsen.

THE PRESIDENT: One moment. Aren’t you going to deal with Number 38? You

didn’t deal with 37. You are passing that over, are you?

DR. HORN: I believe that the same objections would be raised against him

as were raised with reference to the other witnesses. Since I assume

that the Tribunal is going to decide in principle about the question

whether or not all the related facts should be submitted here, I have

left out the naming of this witness and ask the Tribunal for a decision.

THE PRESIDENT: I see. Now you want to go back to Number 5?

DR. HORN: I would like to come back to Number 5, Legation Counsellor

Gottfriedsen. Legation Counsellor Gottfriedsen conducted the entire

official and private finances of the Defendant Von Ribbentrop for many

years.

Ribbentrop has been accused by various members of the Prosecution of

enriching himself with objects of art and similar things. About this

point Legation Counsellor Gottfriedsen can give decisive evidence which

will invalidate these charges. I therefore ask for approval of this

witness.

SIR DAVID MAXWELL-FYFE: My Lord, I have just asked Dr. Horn on this

point whether he would prefer Herr Gottfriedsen to Herr Von Sonnleitner.

I think Dr. Horn says that, if there was a question of choice, he would.

The Prosecution do not want to be unreasonable. I made my general

statement that this group of witnesses, of seven foreign office

witnesses, ought to be restricted to three. If my friend thinks that

Herr Gottfriedsen will be more helpful, especially on this point, I have

no objection to the substitution, so long as some limitation is made in

the group of witnesses.

THE PRESIDENT: Would it be satisfactory if interrogatories were

administered?

DR. HORN: Yes, Mr. President; in this case I ask for the witness

Gottfriedsen.

THE PRESIDENT: Yes.

DR. HORN: My statement on the subject of summoning witnesses is thereby

concluded.

DR. STAHMER: I have not named some witnesses because other defendant’s

counsel had asked for them. Among these is also the interpreter Dr.

Schmidt. I likewise have the greatest interest in the questioning of

this witness. Schmidt was Göring’s interpreter and was present at almost

all foreign political negotiations with statesmen. Therefore I also ask

for the summoning of this witness and to that extent support the

application made by Dr. Horn.

THE PRESIDENT: We will consider that, Dr. Stahmer. We will adjourn now

for 10 minutes.

[_A recess was taken._]

DR. HORN: Mr. President, may I please bring up one other point having to

do with the calling of witnesses?

I have also named a number of the witnesses, because I must ascertain

when the conspiracy in general begins and when my client could have

joined this conspiracy. The Prosecution made things relatively easy for

itself as regards setting the time at which the conspiracy begins, by

stating in the general Indictment “sometime before 8 May 1945.”

Now, if I can call no witnesses with regard to the years 1933 to 1938,

then I must assume that the Prosecution admits that the Defendant

Ribbentrop could not have been a party to the conspiracy at least before

1939. I should like this point of view to be taken into consideration in

the granting of witnesses.

SIR DAVID MAXWELL-FYFE: It might be helpful, if I indicated quite

generally what Dr. Horn has to meet.

The Tribunal will remember that on the 8th and 9th of January I

presented the individual case against this defendant. The first point is

the time of Hitler’s accession to power in 1933. It is the case for the

Prosecution that this defendant assisted in various ways in that

accession. After that, he held various positions in close touch with

Hitler.

If Dr. Horn will refer to the transcript of my presentation, he will

find that there is detailed, with a note of all the supporting

documents, the part which his client played in the aggression against

Austria, Czechoslovakia, Lithuania, Poland, England, France, Norway,

Denmark, Holland, Belgium, Luxembourg, the Soviet Union, and finally,

the United States and Japan. All these matters are set out with the

supporting documents, and a reference to them will show exactly what is

alleged against the defendant on that point.

Apart from that, there are four matters under Counts Three and Four

which are specially raised.

First of all, the defendant pressed that measures contrary to

international law and the conventions should be taken against Allied

aviators. Again, the supporting documents are in evidence. Second, there

is General Lahousen’s evidence as to what the defendant said with regard

to the treatment of the population of Poland. Third, there is the

defendant’s responsibility for putting the various Protectors of Bohemia

and Moravia in office with unrestricted powers, which resulted in the

crimes against the populations of these areas. Then there is a similar

position with regard to the Netherlands.

The third main category is the treatment of the Jews. Again, there is an

American official document, the report of Ambassador Kennedy; there is a

long Foreign Office statement on the policy towards the Jews; and there

is a document showing the preparation for an anti-Semitic congress, of

which this defendant was to be an honorary member.

Finally, there is the question of plunder, the evidence given by my

Soviet colleague on the Ribbentrop battalions for the collection of

plunder, which was given the other day.

I don’t think that if Dr. Horn will consider various points, which are

practically all collected in the transcript for the 8th and 9th of

January, except the last point, he will find that there is any

difficulty in deciding the commencement of these allegations or their

detailed and concrete constitution.

THE PRESIDENT: Sir David, the Tribunal would like to know whether the

Prosecution allege any particular date at which the conspiracy started;

and second, they would like to know whether you contend that defendants

joining the conspiracy after it started are responsible for the

conspiracy.

What the Tribunal would like to know is whether a person who joins the

conspiracy after it started would be responsible for acts committed by

the conspirators before he joined.

SIR DAVID MAXWELL-FYFE: If I might deal with the questions in order, the

position of the Prosecution on the question of time is as set out in

Count One of the Indictment. The Prosecution say that the Nazi Party was

the core of the conspiracy and that it was an essential part of the

conspiracy that the Nazi Party should obtain political and economic

control of Germany in order that they might carry out the aims set out

in Articles 1 and 2 of the Nazi Party program. That part of the

conspiracy started with the emergence of the Nazi Party as a force in

German politics and was fully developed in January 1933. At that time it

was the aim of the Nazi Party to secure the breaches of the Treaty of

Versailles and the other matters set out in these articles, if necessary

by force.

But, as is stated in the statement of offense under Count One of the

Indictment, the conspiracy was not static; it was dynamic. And, in 1934,

after Germany left the League of Nations and the Disarmament Conference,

the aggressive war aspect of the conspiracy increased in momentum.

It is the case for the Prosecution that from 1935, when conscription was

introduced and the Air Force came into being, through 1936 when the

Rhineland was reoccupied, that the securing of Germany’s objectives—the

objectives of the Nazi Party—if necessary by aggressive war, became a

stronger, clearer, and more binding aim.

The position is crystallized by the meeting on the 5th of November 1937,

when Hitler declared that Austria and Czechoslovakia would be conquered

at the earliest opportunity. That was succeeded by the acquisition of

Austria in March 1938, and the Fall Grün against Czechoslovakia, which

originated in May 1938, to be carried out before October.

From that time the Prosecution say that the plan of aggressive war

followed the well-known and clear technique of attacking one country or

taking aggressive measures against one country, and giving assurances to

the country that was next on the list to be attacked.

From that time the succession and procession of aggressive wars takes a

clear course, which I have just mentioned in outlining the accusation of

aggression against the Defendant Ribbentrop. I may summarize it by

saying that the Prosecution submit that the Nazi Party was always

engaged in this agreement and concerted action to get control of Germany

and carry out its aims but that the aggression crystallized and became

clear from 1934 and the beginning of 1935 onwards.

THE TRIBUNAL (Mr. Francis Biddle, Member for the United States): Sir

David, I would like to ask you a few questions in connection with this.

First of all, you must know either the date when the conspiracy began,

or you must not be able to give us the date. Now, is it the contention

that the Prosecution don’t know when the conspiracy began? If you do

know, would you tell us?

SIR DAVID MAXWELL-FYFE: The conspiracy began with the formation of the

Nazi Party.

THE TRIBUNAL (Mr. Biddle): And what was that date?

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg 14 November 1945-1 October 1946, Volume 08 · 第 83 / 127 题