I remind the Court of Article 19 of the Charter:

“The Tribunal shall not be bound by technical rules of evidence.

It shall adopt and apply to the greatest possible extent

expeditious and non-technical procedure, and shall admit any

evidence, which it deems to have probative value.”

Of course, the Court would not treat anything in an affidavit such as

this as having probative value unless the Court deemed it to have

probative value; and if the defendants have countering evidence, which

is strong enough to overcome whatever is probative in this affidavit, of

course the Court will treat the probative value of all the evidence in

accordance with this provision of the Charter.

By and large, this affidavit and another affidavit by Mr. Messersmith

which we shall undertake to present cover background material which is a

matter of historical knowledge, of which the Court could take judicial

notice. Where he does quote these amazingly frank expressions by Nazi

leaders, it is entirely open to any of them, who may be quoted, to

challenge what is said, or to tell Your Honors what they believe was

said. In any event, it seems to me that the Court can accept an

affidavit of this character, made by a well-known American diplomat, and

give it whatever probative value the Court thinks it has.

As to the question of reading the entire affidavit, I understand the

ruling of the Court to be that only those parts of documents, which are

quoted in the record, will be considered to be in the record. It will be

based upon the necessity of giving the German counsel knowledge of what

was being used. As to these affidavits, we have furnished them complete

German translations. It seems to us that a different rule might obtain

where that has been done.

THE PRESIDENT: Mr. Alderman, have you finished what you had to say?

MR. ALDERMAN: Yes, sir.

DR. KUBUSCHOK: The representative of the Prosecution takes the point of

view that the age and state of health of the witness makes it impossible

to summon him as a witness. I do not know the witness personally.

Consequently, I am not in a position to state to what extent he is

actually incapacitated. Nevertheless, I have profound doubts regarding

the presentation of evidence of such an old and incapacitated person. I

am not speaking specifically now about Mr. Messersmith. I do not think

the Court can judge to what extent old age and infirmity can possibly

influence memory and reasoning powers; so, personal presence would seem

absolutely indispensable.

Furthermore, it is important to know what questions, _in toto_, were put

to the witness. An affidavit only reiterates the answers to questions

which were put to the person. Very often conclusions can be drawn from

unanswered questions. It is here a question of evidence solely on the

basis of an affidavit. For that reason we are not in a position to

assume, with absolute certainty, that the evidence of the witness is

complete.

I cannot sanction the intention of the Prosecution in this case to

introduce two methods of giving evidence of different value; namely, a

fully valid one through direct evidence of a witness, and a less

complete one through evidence laid down in an affidavit. The situation

is this: Either the evidence is sufficient, or it is not. I think the

Tribunal should confine itself to complete and fully valid evidence.

THE PRESIDENT: Mr. Alderman, did you wish to add anything?

MR. ALDERMAN: I wish to make this correction, perhaps of what I said. I

did not mean to leave the implication that Mr. Messersmith is in any way

incapacitated. He is an elderly man, about 70 years old. He is on active

duty in Mexico City; the main difficulty is that we did not feel we

could take him away from his duties in that post, combined with a long

trip and his age.

THE PRESIDENT: That is all, is it?

MR. ALDERMAN: Yes.

THE PRESIDENT: The Tribunal has considered the objection which has been

raised. In view of the powers which the Tribunal has under Article 19 of

the Charter, which provides that the Tribunal shall not be bound by

technical rules of evidence, but shall adopt and apply to the greatest

possible extent expeditious and nontechnical procedure and shall admit

any evidence which it deems to have probative value, the Tribunal holds

that affidavits can be presented, and that in the present case it is a

proper course.

The question of the probative value of an affidavit as compared with a

witness who has been cross-examined would, of course, be considered by

the Tribunal. If, at a later stage, the Tribunal thinks the presence of

a witness is of extreme importance, the matter can be reconsidered. I

add this: If the defense wish to put interrogatories to the witness,

they will be at liberty to do so.

MR. ALDERMAN: Thank you, Your Honor. I offer then our Document 1760-PS

as Exhibit USA-57, affidavit by George S. Messersmith. Rather than

reading the entire affidavit, unless the Court wishes me to do so, I

intend to paraphrase and state the substance of what is covered in

various parts of the affidavit.

THE PRESIDENT: The Tribunal think it would be better to adhere to the

rule which we have laid down: That only what is read in the court will

form part of the record.

MR. ALDERMAN: I shall read then, if the Tribunal please, from the fourth

paragraph on the third page of the English copy, the following list of

names, headed by President Miklas of Austria and Chancellor Dollfuss:

“From the very beginnings of the Nazi Government, I was told by

both high and secondary government officials in Germany that

incorporation of Austria into Germany was a political and

economic necessity and that this incorporation was going to be

accomplished ‘by whatever means were necessary.’ Although I

cannot assign definite times and places, I am sure that at

various times and places, every one of the German officials whom

I have listed earlier in this statement told me this, with the

exception of Schacht, Von Krosigk and Krupp von Bohlen. I can

assert that it was fully understood by everyone in Germany who

had any knowledge whatever of what was going on that Hitler and

the Nazi Government were irrevocably committed to this end, and

the only doubt which ever existed in conversations or statements

to me was how and when.”

In connection with that paragraph, I invite your attention to the list

of German officials to whom he refers on Page 2 of the affidavit. They

are listed as Hermann Göring, General Milch, Hjalmar Schacht, Hans

Frank, Wilhelm Frick, Count Schwerin von Krosigk, Joseph Goebbels,

Richard Walter Darré, Robert Ley, Hans Heinrich Lammers, Otto Meissner,

Franz von Papen, Walter Funk, General Wilhelm Keitel, Admiral Erich von

Raeder, Admiral Karl Dönitz, Dr. Bohle, Dr. Stuckert, Dr. Krupp von

Bohlen, and Dr. Davidson. The affiant states he was sure that at various

times and places, everyone of those listed German officials had made

these statements to him, with the exception of Schacht, Von Krosigk, and

Krupp von Bohlen. I shall continue with the next paragraph:

“At the beginning of the Nazi regime in 1933, Germany was, of

course, far too weak to permit any open threats of force against

any country, such as the threats which the Nazis made in 1938.

Instead it was the avowed and declared policy of the Nazi

Government to accomplish the same results which they later

accomplished through force, through the methods which had proved

so successful for them in Germany: Obtain a foothold in the

Cabinet, particularly in the Ministry of the Interior, which

controlled the police, and then quickly eliminate opposition

elements. During my stay in Austria, I was told on any number of

occasions by Chancellor Dollfuss, Chancellor Schuschnigg,

President Miklas, and other high officials of the Austrian

Government that the German Government kept up constant and

unceasing pressure upon the Austrian Government to agree to the

inclusion of a number of ministers with Nazi orientation. The

English and French ministers in Vienna, with whom I was in

constant and close contact, confirmed this information through

statements which they made to me of conversations which they had

with high Austrian officials.”

I shall read other portions of the affidavit as the presentation

proceeds, on the question of pressure used against Austria, including

terror and intimidation, culminating in the unsuccessful Putsch of July

26, 1934. To achieve their ends the Nazis used various kinds of

pressure. In the first place, they used economic pressure. A law of 24

March 1933, a German law, imposed a prohibitive 1,000 Reichsmark penalty

on trips to Austria. It brought great hardship to this country which

relied very heavily on its tourist trade. For that I cite the

_Reichsgesetzblatt_, 1933, Part I, Page 311, and ask the Court to take

judicial notice of that German law.

The Nazis used propaganda and they used terroristic acts, primarily

bombings. Mr. Messersmith’s affidavit, Document 1760-PS, from which I

have already read, goes into some detail with respect to these outrages.

I read again from Page 4 of the affidavit, the English version:

“The outrages were an almost constant occurrence, but there were

three distinct periods during which they rose to a peak. During

the first two of these periods, in mid-1933 and in early 1934, I

was still in Berlin. However, during that period I was told by

high Nazi officials in conversation with them, that these waves

of terror were being instigated and directed by them. I found no

concealment in my conversations with high Nazi officials of the

fact that they were responsible for these activities in Austria.

These admissions were entirely consistent with the Nazi thesis

that terror is necessary and must be used to impose the will of

the Party not only in Germany but in other countries. I recall

specifically that General Milch was one of those who spoke

frankly that these outrages in Austria were being directed by

the Nazi Party, and expressed his concern with respect thereto

and his disagreement with this definite policy of the Party.

“During the wave of terroristic acts in May and June 1934, I had

already assumed my duties as American Minister in Vienna. The

bomb outrages during this period were directed primarily at

railways, tourist centers, and the Catholic Church, which

latter, in the eyes of the Nazis, was one of the strongest

organizations opposing them. I recall, however, that these

outrages diminished markedly for a few days during the meeting

of Hitler and Mussolini in Venice in mid-June 1934. At that time

Mussolini was strongly supporting the Austrian Government and

was strongly and deeply interested in maintaining Austrian

independence and sovereignty, and in keeping down Nazi influence

and activity in Austria. At that time also Hitler could not

afford an open break with Mussolini and undoubtedly agreed to

the short cessation of these bomb outrages on the insistence of

Mussolini because he, Hitler, wished to achieve as favorable an

atmosphere for the meeting between him and Mussolini as

possible. The cessation of the bomb outrages during the

Hitler-Mussolini conversations was considered by me and by the

Austrian authorities and by all observers at that time as an

open admission on the part of Hitler and the German Government

that the outrages were systematically and completely instigated

and controlled from Germany.”

Turning to Page 7 of the English version, following the line which

reads, “Official dispatch from Vienna” dated July 26, 1934, I quote the

following paragraph:

“In addition to these outrages, the Nazis attempted to bring

pressure upon Austria by means of the ‘Austrian Legion’. This

organization, a para-military force of several thousand men, was

stationed near the Austrian border in Germany as a constant and

direct threat of violent action against Austria. It was without

any question sanctioned by the Nazi Government of Germany, as it

could otherwise not have existed, and it was armed by them. It

was made up of Austrian Nazis who had fled from Austria after

committing various crimes in Austria, and by Austrians in

Germany who were attracted by the idle life and pay given by the

German authorities.”

These terroristic activities of the Nazis in Austria continued until

July 25, 1934. It is a well-known historical fact of which I ask the

Court to take judicial notice that on that day members of the NSDAP, the

Nazi Party, attempted a revolutionary Putsch in Austria and killed

Chancellor Dollfuss.

At this point I should like to invite your attention to the fact that

the Indictment alleges in Count Four, Crimes against Humanity, Paragraph

B on Page 26 of the English printed text, that the Nazis murdered

amongst others Chancellor Dollfuss. I do not have available an official

authenticated account of the details of that Putsch but I think that it

will suffice if I briefly recall to the Court what is, after all, a

well-known matter of history.

On July 25, 1934, about noon, 100 men dressed in the uniform of the

Austrian Army seized the Federal Chancellery. Chancellor Dollfuss was

wounded trying to escape, being shot twice at close quarters. The radio

building in the center of the town was overwhelmed, and the announcer

was compelled to broadcast the news that Dollfuss had resigned and that

Dr. Rintelen had taken his place as Chancellor. Although the Putsch

failed, the insurgents kept control of the Chancellery building, and

agreed to give it up only after they had a safe conduct to the German

border. The insurgents contacted the German Minister Dr. Rieth by

telephone and subsequently had private negotiations with him in the

building. At about 7 p.m. they yielded the building, but Chancellor

Dollfuss breathed his last about 6 p.m., not having had the services of

a doctor.

It is also a well-known historical fact that the German Government

denied all complicity in this Putsch and in this assassination. Hitler

removed Dr. Rieth as Minister on the ground that he had offered a safe

conduct to the rebels without making inquiry of the German Government,

and had thus without reason dragged the German Reich into an internal

Austrian affair in public sight.

This statement appears in a letter which Hitler sent to Defendant Papen

on July 26, 1934. I shall offer that letter a little later.

Although the German Government denied any knowledge or complicity in

this Putsch, we think there is ample basis for the conclusion that the

German Nazis bear responsibility for these events. It is not my purpose,

with respect to this somewhat minor consideration, to review the

extensive record in the trial of the Austrian Nazi Planetta and others

who were convicted for the murder of Dollfuss. Similarly I have no

intention of presenting to the Court the contents of the Austrian

_Braunbuch_, issued after July 25. The Court will, I think, take

judicial notice.

I should like, instead, to mention a few brief items which seem to us

sufficient for the purpose. I quote again from our Exhibit Number

1760-PS, from the Messersmith affidavit, USA-57, on Page 7, the

paragraph in the middle of the page:

“The events of the Putsch of July 25, 1934, are too well known

for me to repeat them in this statement. I need say here only

that there can be no doubt that the Putsch was ordered and

organized by the Nazi officials from Germany through their

organization in Austria made up of German Nazis and Austrian

Nazis. Dr. Rieth, the German Minister in Vienna, was fully

familiar with all that was going to happen and that was being

planned. The German Legation was located directly across the

street from the British Legation, and the Austrian secret police

kept close watch on the persons who entered the German Legation.

“The British had their own secret service in Vienna at the time,

and they also kept a discreet surveillance over the people

entering the German Legation. I was told by both British and

Austrian officials that a number of men who were later found

guilty by the Austrian courts of having been implicated in the

Putsch had frequented the German Legation. In addition, I

personally followed very closely the activities of Dr. Rieth,

and I never doubted, on the basis of all my information, that

Dr. Rieth was in close touch and constant touch with the Nazi

agents in Austria, these agents being both German and Austrian.

Dr. Rieth could not have been unfamiliar with the Putsch and the

details in connection therewith. I recall, too, very definitely

from my conversations with the highest officials of the Austrian

Government after the Putsch their informing me that Dr. Rieth

had been in touch with Von Rintelen, who, it had been planned by

the Nazis, was to succeed Chancellor Dollfuss, had the Putsch

been successful.

“It may be that Dr. Rieth was himself not personally sympathetic

with the plans for the Putsch, but there is no question that he

was fully familiar with all these plans and must have given his

assent thereto and connived therein.

“As this Putsch was so important and was a definite attempt to

overthrow the Austrian Government and resulted in the murder of

the Chancellor of Austria, I took occasion to verify at the time

for myself various other items of evidence indicating that the

Putsch was not only made with the knowledge of the German

Government but engineered by it. I found and verified that

almost a month before the Putsch Goebbels told Signor Cerruti,

the Italian Ambassador in Berlin, that there would be a Nazi

government in Vienna in a month.”

I should also like to offer in evidence Ambassador Dodd’s diary,

1933-38, a book published in 1941, our Document 2832-PS, and

particularly the entry for July 26, 1934. We have the book with the two

pages to which I have reference. I should like to offer that portion of

the book in evidence as Exhibit USA-58, further identified as our

Document 2832-PS.

Mr. Dodd, then Ambassador to Berlin, made the following observations in

that entry. First he noted that in February 1934 Ernst Hanfstaengl

advised Mr. Dodd that he brought what was virtually an order from

Mussolini to Hitler to leave Austria alone and to dismiss and silence

Theodor Habicht, the German agent in Munich, who had been agitating for

annexation of Austria. On June 18 in Venice, Hitler was reported to have

promised Mussolini to leave Austria alone. Mr. Dodd further states, and

I quote from his entry of July 26, 1934:

“On Monday, July 23, after repeated bombings in Austria by

Nazis, a boat loaded with explosives was seized on Lake

Constance by the Swiss police. It was a shipment of German bombs

and shells to Austria from some arms plant. That looked ominous

to me, but events of that kind had been so common that I did not

report it to Washington.

“Today evidence came to my desk that last night, as late as 11

o’clock, the Government issued formal statements to the

newspapers rejoicing at the fall of Dollfuss and proclaiming the

Greater Germany that must follow. The German Minister in Vienna

had actually helped to form the new cabinet. He had, as we now

know, exacted a promise that the gang of Austrian Nazi murderers

should be allowed to go into Germany undisturbed, but it was

realized about 12 o’clock that although Dollfuss was dead the

Loyal Austrians had surrounded the Government Palace and

prevented the organization of a new Nazi regime. They held the

murderers prisoners. The German Propaganda Ministry therefore

forbade publication of the news sent out an hour before and

tried to collect all the releases that had been distributed. A

copy was brought to me today by a friend.

“All the German papers this morning lamented the cruel murder

and declared that it was simply an attack of discontented

Austrians, not Nazis. News from Bavaria shows that thousands of

Austrian Nazis living for a year in Bavaria on German support

had been active for 10 days before, some getting across the

border contrary to law, all drilling and making ready to return

to Austria. The German propagandist Habicht was still making

radio speeches about the necessity of annexing the ancient realm

of the Hapsburgs to the Third Reich, in spite of all the

promises of Hitler to silence him. But now that the drive has

failed and the assassins are in prison in Vienna, the German

Government denounces all who say there was any support from

Berlin.

“I think it will be clear one day that millions of dollars and

many arms have been pouring into Austria since the spring of

1933. Once more, the whole world is condemning the Hitler

regime. No people in all modern history has been quite so

unpopular as Nazi Germany. This stroke completes the picture. I

expect to read a series of bitter denunciations in the American

papers when they arrive about 10 days from now.”

As I stated before, the German Government denied any connection with the

Putsch and the murder of Dollfuss. In this connection, I should like to

invite attention to the letter of appointment which Hitler wrote to the

Defendant Von Papen on 26 July 1934. This letter appears in a standard

German reference work _Dokumente der Deutschen Politik_, Volume 2, Page

83. For convenience we have identified it as Document 2799-PS, and a

copy translated into English is included in the document book. The

defendants may examine the German text in the _Dokumente der Deutschen

Politik_, a copy of which is present in my hand, Page 83 of Volume 2.

I ask the Court if it will take judicial notice of this original German

typing.

I should like to read this letter which Chancellor Hitler sent to Vice

Chancellor Von Papen. I think it will provide us with a little

historical perspective and perhaps freshen our recollection of the ways

in which the Nazi conspirators worked. In considering Hitler’s letter to

the Defendant Von Papen on July 26, we might bear in mind as an

interesting sidelight, the widespread report at that time, and I mention

this only as a widespread report, that the Defendant Von Papen narrowly

missed being purged on June 30, 1934, along with the Nazi Ernst Roehm

and others. The letter from Hitler to Von Papen is as follows:

“Dear Herr Von Papen:

“As a result of the events in Vienna, I am compelled to suggest

to the Reich President the removal of the German Minister to

Vienna, Dr. Rieth, from his post, because he, at the suggestion

of Austrian Federal Ministers and the Austrian rebels,

respectively consented to an agreement made by both these

parties concerning the safe conduct and retreat of the rebels to

Germany without making inquiry of the German Reich Government.

Thus, the Minister has dragged the German Reich into an internal

Austrian affair without any reason.

“The assassination of the Austrian Federal Chancellor which was

strictly condemned and regretted by the German Government has

made the situation in Europe, already fluid, more acute, without

any fault of ours. Therefore, it is my desire to bring about, if

possible, an easing of the general situation, and especially to

direct the relations with the German Austrian State, which have

been so strained for a long time, again into normal and friendly

channels.

“For this reason, I request you, dear Herr Von Papen, to take

over this important task, just because you have possessed, and

continue to possess, my most complete and unlimited confidence

ever since we have worked together in the Cabinet.

“Therefore, I have suggested to the Reich President that you,

upon leaving the Reich Cabinet and upon release from the office

of Commissioner for the Saar, be called on a special mission to

the post of the German Minister in Vienna for a limited period

of time. In this position you will be directly subordinated to

me.

“Thanking once more for all that you have at one time done for

the co-ordination of the Government of the National Revolution,

and since then together with us for Germany, I remain, yours

very sincerely, Adolf Hitler.”

Now let us look at the situation 4 years later, on July 25, 1938, after

the Anschluss with Austria. At that time the German officials no longer

expressed regrets over the death of Dollfuss. They were eager and

willing to reveal what the world already knew, that they were identified

with and sponsors of the murder of the former Chancellor.

I offer in evidence at this point Document L-273, which I offer as

Exhibit USA-59. That document is a dispatch from the American Consul

General, Vienna, to the Secretary of State, dated July 26, 1938.

Unfortunately, through a mechanical slip, this document which is in

English in the original, was not mimeographed in English and is not in

your document book. However, it was translated into German, and is in

the document book which counsel for the defendants have. I read from a

photostatic copy of the dispatch:

“The two high points of the celebration”—here was a

celebration—“were the memorial assembly on the 24th at

Klagenfurt, capital of the Province of Carinthia, where in 1934

the Vienna Nazi revolt found its widest response and the march

on the 25th to the former Federal Chancellery in Vienna by the

surviving members of the SS Standarte 89, which made the attack

on the Chancellery in 1934.”—a reconstitution of the crime, so

to say.

“The assembled thousands at Klagenfurt were addressed by the

Führer’s deputy, Rudolf Hess, in the presence of the families of

the 13 National Socialists who were hanged for their part in the

July Putsch. The Klagenfurt memorial celebration was also made

the occasion for the solemn swearing in of the seven recently

appointed Gauleiter of the Ostmark. From the point of view of

the outside world, this speech of Reich Minister Hess was

chiefly remarkable for the fact that after devoting the first

half of his speech to the expected praise of the sacrifices of

the men, women, and youths of Austria in the struggle for

Greater Germany, he then launched into a defense of the

occupation of Austria, an attack on the ‘lying foreign press’

and on those who spread the idea of a new war. The world was

fortunate, declared Hess, that Germany’s leader was a man who

would not allow himself to be provoked. The Führer does what is

necessary for his people in sovereign calm and labors for the

peace of Europe, even though provocators ‘completely ignoring

the deliberate threat of the peace of certain small states,’

deceitfully claim that he is a menace to the peace of Europe.

“The march on the former Federal Chancellery,”—referring back

to the Putsch of 4 years before—“now the Reichsstatthalterei,

followed the exact route and time schedule of the original

attack. The marchers were met at the Chancellery by

Reichsstatthalter Seyss-Inquart, who addressed them and unveiled

a memorial tablet. From the Reichsstatthalterei the

Standarte”—that is the SS organization which made the original

attack and which marched on this occasion 4 years

later—“marched from the old Ravag broadcasting center, from

which false news of the resignation of Dollfuss had been

broadcast, and there unveiled a second memorial tablet.

Steinhaeusel, the present Police President of Vienna, is a

member of the SS Standarte 89.”

Today that original memorial plaque, if the Court please, is rubble,

like so much of Nuremberg; but we found a photograph of it in the

National Library in Vienna. I should like to offer this photograph in

evidence. It was taken on this occasion 4 years later. The Nazi wreath

encircles the memorial tablet. A large wreath of flowers with a very

distinct swastika Nazi symbol was laid before the wreath. I offer that

photograph identified as 2968-PS in evidence. I offer it as Exhibit

USA-60. You will find that in the document book. I know of no more

interesting or shocking document at which you could look. We call

celebrating a murder 4 years later, “Murder by ratification.”

As that photograph shows, this plaque which was erected to celebrate

this sinister occasion reads: “One hundred and fifty-four German men of

the 89th SS Standarte stood up here for Germany on July 25, 1934. Seven

found death in the hands of the hangman.”

The Tribunal may notice that the number “154” at the top of the plaque

is concealed in the photograph by the Nazi wreath surrounding the

plaque. I must confess that I find myself curiously interested in this

tablet and in the photograph which was taken and carefully filed. The

words chosen for this marble tablet, and surely we can presume that they

were words chosen carefully, tell us clearly that the men involved were

not mere malcontent Austrian revolutionaries, but were regarded as

German men, were members of a para-military organization, and stood up

here for Germany.

In 1934 Hitler repudiated Doctor Rieth because he dragged the German

Reich into an internal Austrian affair without any reason. In 1938 Nazi

Germany proudly identified itself with this murder, took credit for it,

and took responsibility for it. Further proof in the conventional sense,

it seems to us, is hardly necessary.

Next we refer to the program culminating in the Pact of July 11, 1936.

In considering the activities of the Nazi conspirators in Austria

between July 25, 1934 and November 1937 there is a distinct intermediate

point, the Pact of July 11, 1936. Accordingly, I shall first review

developments in the 2-year period, July 1934-36.

First, we must consider the continued aim of eliminating Austria’s

independence, with particular relation to the Defendant Von Papen’s

conversation and activity. The first point that should be mentioned is

this: The Nazi conspirators pretended to respect the independence and

sovereignty of Austria, notwithstanding the aim of Anschluss stated in

_Mein Kampf_. But in truth and in fact they were working from the very

beginning to destroy the Austrian State.

A dramatic recital of the position of Defendant Von Papen in this regard

is provided in Mr. Messersmith’s affidavit, from which I have already

quoted. I quote now from Page 9 of the English copy, the second

paragraph, 1760-PS, Exhibit USA-57:

“That the policy of Anschluss remained wholly unchanged was

confirmed to me by Franz von Papen when he arrived in Vienna as

German Minister. It will be recalled that he accepted this

assignment as German Minister even though he knew that he had

been marked for execution in the St. Bartholomew’s massacre of

30 June 1934. When, in accordance with protocol, he paid me a

visit shortly after his arrival in Vienna, I determined that

during this call there would be no reference to anything of

importance, and I limited the conversation strictly to

platitudes which I was able to do as he was calling on me in my

office. I deemed it expedient to delay my return call for

several weeks in order to make it clear to Von Papen that I had

no sympathy with, and on the other hand was familiar with the

objectives of his mission in Austria. When I did call on Von

Papen in the German Legation, he greeted me with ‘Now you are in

my Legation and I can control the conversation.’

“In the boldest and most cynical manner he then proceeded to

tell me that all of southeastern Europe, to the borders of

Turkey, was Germany’s natural hinterland, and that he had been

charged with the mission of facilitating German economic and

political control over all this region for Germany. He blandly

and directly said that getting control of Austria was to be the

first step. He definitely stated that he was in Austria to

undermine and weaken the Austrian Government and from Vienna to

work towards the weakening of the Governments in the other

states to the south and southeast. He said that he intended to

use his reputation as a good Catholic to gain influence with

certain Austrians, such as Cardinal Innitzer, towards that end.

He said that he was telling me this because the German

Government was bound on this objective of getting this control

of southeastern Europe and that there was nothing which could

stop it, and that our own policy and that of France and England

was not realistic.

“The circumstances were such, as I was calling on him in the

German Legation, that I had to listen to what he had to say and

of course, I was prepared to hear what he had to say although I

already knew what his instructions were. I was nevertheless

shocked to have him speak so boldly to me, and when he finished

I got up and told him how shocked I was to hear the accredited

representative of a supposedly friendly state to Austria admit

that he was proposing to engage in activities to undermine and

destroy that Government to which he was accredited. He merely

smiled and said of course this conversation was between us, and

that he would of course not be talking to others so clearly

about his objectives. I have gone into this detail with regard

to this conversation, as it is characteristic of the absolute

frankness and directness with which high Nazi officials spoke of

their objectives.”

And again, reading from the same document on Page 10, beginning at the

last paragraph at the bottom of the page:

“On the surface, however, German activities consisted

principally of efforts to win the support of prominent and

influential men through insidious efforts of all kinds,

including the use of the German diplomatic mission in Vienna and

its facilities and personnel.

“Von Papen as German Minister entertained frequently and on a

lavish scale. He approached almost every member of the Austrian

Cabinet, telling them, as several of them later informed me,

that Germany was bound to prevail in the long run, and that they

should join the winning side if they wished to enjoy positions

of power and influence under German control. Of course, openly

and outwardly he gave solemn assurance that Germany would

respect Austrian independence and that all that she wished to do

was to get rid of elements in the Austrian Government like the

Chancellor Schuschnigg and Starhemberg as head of the Heimwehr,

and others, and replace them by a few ‘nationally-minded’

Austrians, which of course meant the Nazis. The whole basic

effort of Von Papen was to bring about the Anschluss.

“In early 1935 the Austrian Foreign Minister, Berger-Waldenegg,

informed me that in the course of a conversation with Von Papen,

the latter had remarked, ‘Yes, you have your French and English

friends now, and you can have your independence a little

longer.’ The Foreign Minister, of course, told me this remark in

German, but the foregoing is an accurate translation. The

Foreign Minister told me that he had replied to Von Papen, ‘I am

glad to have from your own lips your own opinion which agrees

with what your Chief has just said in the Saar and which you

have taken such pains to deny.’ Von Papen appeared to be

terribly upset when he realized just what he had said and tried

to cover his statements, but according to Berger-Waldenegg, kept

constantly getting into deeper water.

“Von Papen undoubtedly achieved some success, particularly with

men like Glaise-Horstenau and others who had long favored the

Grossdeutschtum idea, but who nevertheless had been greatly

disturbed by the fate of the Catholic Church. Without conscience

or scruple, Von Papen exploited his reputation and that of his

wife as ardent and devout Catholics to overcome the fears of

these Austrians in this respect.”

May I inquire if the Court expect to take a short recess?

THE PRESIDENT: Yes. We will adjourn now for 10 minutes.

[_A recess was taken._]

THE PRESIDENT: The Tribunal wishes to make it clear, if I did not make

it clear when I spoke before, that if Defense Counsel wish to put

interrogatories to Mr. Messersmith upon his affidavit they may submit

such interrogatories to the Tribunal in writing for them to be sent to

Mr. Messersmith to answer.

FLOTTENRICHTER OTTO KRANZBÜHLER (Counsel for Defendant Dönitz): I do not

know whether my question has yet been answered, or by what it has been

made known by the President of the Court.

In the testimony of Mr. Messersmith, Dönitz’ name was mentioned. It

appears on Page 4 of the German version. I should like to read the whole

paragraph:

“Admiral Karl Dönitz was not always in an amicable frame of

mind. He was not a National Socialist when the National

Socialists came to power”. . . .

THE PRESIDENT: This passage was not read in evidence, was it?

DR. KRANZBÜHLER: No, only the name was mentioned.

THE PRESIDENT: I don’t think the name was mentioned, because this part

of the affidavit was not read.

DR. KRANZBÜHLER: The name was read, Mr. President.

THE PRESIDENT: Very well, go on.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 02 · 第 75 / 82 题