“Nevertheless, he became one of the first high officers in the
Army and fleet and was in complete agreement with the concepts
and aims of National Socialism.”
As an introduction to this paragraph, Mr. Messersmith said, in Document
Number 1760, on Page 2, the last sentence before the Number 1:
“Among those whom I saw frequently and to whom I have reference
in many of my statements were the following. . . .”
Then after Number 16 Dönitz’ name appears. My client has informed me
that he has heard the name “Messersmith” today for the first time; that
he does not know the witness Messersmith, has never seen him, nor has he
ever spoken to him.
I therefore request that the witness Messersmith be brought before the
Court to state when and where he spoke to the Defendant Dönitz.
THE PRESIDENT: The Tribunal has already ruled that the affidavit is
admissible; that its probative value will of course be considered by the
Tribunal, and the defendants’ counsel have the right, if they wish, to
submit interrogatories for the examination of Messersmith. Of course
defendants will have the opportunity of giving evidence when their turn
comes, then Admiral Dönitz, if he thinks it right, will be able to deny
the statements of the affidavit.
DR. KRANZBÜHLER: Thank you.
MR. ALDERMAN: I want to call the Court’s attention to a slight
mistranslation into German of one sentence of the Messersmith affidavit.
In the German translation the word “nicht” crept in when the negative
was not in the English.
The English statement was:
“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.”
The German text contains the negative: “Und dass ich anderseits nicht
mit den Zielen seiner Berufung in Österreich vertraut war.” The “nicht”
should not be in the German text.
The continued existence of Nazi organizations was a program of armed
preparedness. The wiles of the Defendant Von Papen represented only one
part of the total program of Nazi conspiracy. At the same time Nazi
activities in Austria, forced underground during this period, were
carried on.
Mr. Messersmith’s affidavit on Pages 9 and 10, the English text,
discloses the following. Reading from the last main paragraph on Page 9:
“Nazi activities, forced underground in this period, were by no
means neglected. The Party was greatly weakened for a time as a
result of the energetic measures taken against the Putsch and as
a result of public indignation. Reorganization work was soon
begun. In October 1934 the Austrian Foreign Minister,
Berger-Waldenegg, furnished me the following memorandum, which
he told me had been supplied to the Austrian Government by a
person who participated in the meeting under reference.”