I quote the first paragraph of the memorandum:

“A meeting of the chiefs of the Austrian National Socialist

Party was held on 29 and 30 September 1934, at Bad Aibling in

Bavaria.”

Then, skipping four paragraphs and resuming on the fifth one:

“The Agents of the Party Direction in Germany have received

orders in every Austrian district to prepare lists of all those

persons who are known to support actively the present Government

and who are prepared closely to cooperate with it.

“When the next action against the Government takes place those

persons are to be proceeded against just as brutally as against

all those other persons, without distinction of party, who are

known to be adversaries of National Socialism.

“In a report of the Party leaders for Austria the following

principles have been emphasized:

“A. The taking over of the power in Austria remains the

principal duty of the Austrian National Socialist Party. Austria

has for the German Reich a much greater significance and value

than the Saar. The Austrian problem is the problem. All combat

methods are consecrated by the end which they are to serve.

“B. We must, on every occasion which presents itself, appear to

be disposed to negotiate, but arm at the same time for the

struggle. The new phase of the struggle will be particularly

serious and there will be this time two centers of terror, one

along the German frontier and the other along the Yugoslav

frontier.”

That ends the quotation from the memorandum. I proceed with the next

paragraph of the affidavit:

“The Austrian Legion was kept in readiness in Germany. Although

it was taken back some miles further from the Austrian frontier,

it remained undissolved in spite of the engagement which had

been taken to dissolve it. The Austrian Government received

positive information to this effect from time to time which it

passed on to me and I had direct information to the same effect

from reliable persons coming from Germany to Vienna who actually

saw the Legion.”

The fact of the reorganization of the Nazi Party in Austria is

corroborated by a report of one of the Austrian Nazis.

I offer in evidence our Document Number 812-PS, as Exhibit USA-61. It

contains three parts. First, there is a letter dated August 22, 1939

from Mr. Rainer, then Gauleiter at Salzburg, to the Defendant

Seyss-Inquart, then Austrian Reich Minister. That letter encloses a

letter dated July 6, 1939 written by Rainer to Reich Commissioner and

Gauleiter Josef Bürckel.

DR. HANS LATERNSER: (Co-counsel for Defendant Seyss-Inquart): I object

to the presentation of the letters contained in Document Number 812. Of

course, I cannot object to the presentation of this evidence to the

extent that this evidence is to prove that these letters were actually

written. However, if these letters are to serve as proof for the

correctness of their contents, then I must object to the use of these

letters, for the following reason: Particularly, the third document: It

is a letter which, as is manifest from its contents, has a certain bias,

for this reason, that in this letter it is explained to what extent the

Austrian Nazi Party participated in the Anschluss.

It purports, further, to expose the leading role played by the Party

group Rainer-Klausner.

From the bias that is manifest in the contents of this letter, this

letter cannot serve as proof for the facts brought forth in it,

particularly since the witness Rainer, who wrote this letter, is

available as a witness. I have discovered he is at present in Nuremberg.

I object to the use of this letter to the extent that it is to be used

to prove the correctness of its contents, because the witness who can

testify to that is at our disposal in Nuremberg.

THE PRESIDENT: The Tribunal will hear Mr. Alderman in answer to what has

been said. The Tribunal has not yet read the letter.

MR. ALDERMAN: I think perhaps it would be better to read the letter

before we argue about the significance of its contents.

THE PRESIDENT: Are you relying upon the letter as evidence of the facts

stated in it?

MR. ALDERMAN: Yes.

THE PRESIDENT: From whom is the letter, and to whom is it addressed?

MR. ALDERMAN: The first letter is from Mr. Rainer who was at that time

Gauleiter at Salzburg, to the Defendant Seyss-Inquart, then Reich

Minister of Austria.

That letter encloses a letter dated July 6, 1939, written by Rainer to

Reich Commissioner and Gauleiter Josef Bürckel. In that letter, in turn,

Rainer enclosed a report on the events in the NSDAP of Austria from 1933

to March 11, 1938, the day before the invasion of Austria.

I had some other matters in connection with this that I did want to

bring to the attention of the Tribunal before it passes upon the

admissibility.

THE PRESIDENT: I don’t think that the defendant’s counsel is really

challenging the admissibility of the document; he challenges the

contents of the document.

MR. ALDERMAN: Yes. On that, in the first place, we are advised by

defendant’s counsel that this man Rainer is in Nuremberg. I would assume

he is there.

We have also an affidavit by Rainer stating that what is stated in these

communications is the truth. However, it seems to us that the

communications themselves, as contemporaneous reports by a Party officer

at the time, are much more probative evidence than anything that he

might testify to before you today.

DR. LATERNSER: I have already said that this letter has these

characteristics, that it is biased, that it tends to emphasize and

exaggerate the participation of the Austrian Nazi Party on the

Anschluss. Therefore, I must object to the use of this letter as

objective evidence. It was not written with the thought in mind that the

letter would be used as evidence before a court. If the writer had known

that, the letter undoubtedly would have been formulated differently,

considering his political activity.

I believe, although I am not sure, that the witness is in Nuremberg. In

that case, according to a principle which is basic for all trial

procedure, the witness should be presented to the Court personally,

particularly since, in this case, the difficulties inherent in the

question of Messersmith do not here pertain.

THE PRESIDENT: The Tribunal is of the opinion that the letters are

admissible. They were written to and received by the Defendant

Seyss-Inquart. The defendant can challenge the contents of the letters

by his evidence.

If it is true that Rainer is in Nuremberg, it is open to the defendant

to apply to the Tribunal for leave to call Rainer in due course. He can

then challenge the contents of these letters, both by the Defendant

Seyss-Inquart’s evidence and by Rainer’s evidence. The letters

themselves are admitted.

MR. ALDERMAN: May it please the Tribunal, I agree quite fully with the

statement that if it had been known that these letters were to be

offered in evidence in a court of justice, they very probably would have

been differently written. That applies to a great part of the evidence

that we shall offer in this case. And I would say that if the

photographer who took the photograph of the Memorial Plaque had known

that his photographs would be introduced in evidence in a conspiracy

case, he probably never would have snapped the shutter.

The letter from Rainer to Bürckel indicates that he was asked to prepare

a short history of the role of the Party. Perhaps I had better read the

covering letter, addressed to the Defendant Seyss-Inquart:

“Dear Dr. Seyss:

“I have received your letter of 19 August 1939, in which you

asked me to inform you what I know of those matters which, among

others, are the subject of your correspondence with Bürckel.

“I do not wish to discuss sundry talks and all that which has

been brought to my notice in the course of time by different

people. I wish to clarify essentially my own attitude.

“On 5 July 1939 I was asked by telephone by the Reich

Commissioner Gauleiter Bürckel if I was in possession of the

memorandum of Globus regarding the events of March. I told him

that I did not have this memorandum, that I never possessed a

single part of it; that I, furthermore, did not then participate

in the matter and do not know its content. Because of official

requests by Bürckel, I have entrusted him with a report

accompanied by a letter written on 6 July.

“If Bürckel now writes to you that certain statements were

confirmed by me, I feel obliged to entrust you with a copy each

of my copies of those two documents, which were only written in

single originals. I shall specially inform Bürckel of this,

adding that I have given—apart from, those written

explanations—no confirmations, declarations, or criticisms

whatsoever regarding you and your attitude and that I have

authorized nobody to refer to any statements of mine.

“Since the beginning of our collaboration, I have always

expressed and represented forcefully my ideas regarding yourself

and my opinion of your personality. This conception of mine was

the very basis of our collaboration. The events of February and

March have not changed this, especially since I considered the

political success of 11 March merely as a confirmation of the

intentions and convictions which have equally induced both of us

to collaborate.

“As far as Globus is concerned, you are fully, aware of his

nature, which I judged always and in every situation only by its

good side. I believe that you have already talked to Globus

about the occurrences between the 11 March 1938 and today, and I

am convinced that he will tell you everything that is bothering

him, if you will speak to him about this matter, as is your

intention.

“With best regards and Heil Hitler!

Yours, Friedl Rainer.”

And so Rainer writes his report, which is enclosed with this letter, to

show that the Party as a whole is entitled to the glory which was

excessively ascribed to one person, Dr. Seyss-Inquart.

I refer to the third paragraph of the first enclosure, the report to

Reich Commissioner Gauleiter Josef Bürckel:

“We saw in March and April how a false picture about the actual

leadership conditions developed from this fact which could not

be corrected in spite of our attempts to that effect. This was

an important factor for the varying moods of Globocnik who hoped

especially from you that you would emphasize for Hitler, and

also for the public, the role of the Party during the events

preceding 12 March 1938. I limited myself to address this verbal

and written declaration to Party member Hess, and furthermore to

secure the documents from the March days. In addition, I spoke

at every available opportunity about the fight of the Party. I

did not undertake steps to give just credit to other persons for

the glory which was excessively ascribed to one person, Dr.

Seyss-Inquart, and I would not do that, primarily because I

appear as a beneficiary, and furthermore, because I believe that

I would not gladden Hitler by doing so.

“I am also convinced that Dr. Seyss-Inquart did not act

crookedly, and furthermore, that Hitler does not want to commit

an act of historical justice by special preference of his

person, but rather that he is attracted to him personally. It

really is of no great account to Hitler if this or that person

were more or less meritorious in this sector of the great fight

of the movement. Because, in the last analysis, by far the

greatest part is to be ascribed only to him; he alone will be

considered by history as the liberator of Austria. I, therefore,

considered it best to accept existing conditions and look for

new fertile fields of endeavor in the Party.

“If I should be asked to describe—without personal

interest—the role of the Party according to my best conviction,

I am ready to do so at any time. For this reason I promised

yesterday to submit to you again a short summary, and to make it

available for your confidential use. Of this letter and of this

abbreviated description I retain the sole copy.

“Heil Hitler! Rainer.”

Now, of course, all of these enclosures went to the Defendant

Seyss-Inquart, and he had knowledge of the contents of all of them.

It is an historical fact of which the Court will take judicial notice,

that Seyss-Inquart was the original Quisling. It so happened that the

Norwegian Seyss-Inquart gave his name to posterity as a meaningful name,

but all Quislings are alike.

The Tribunal will observe from this that the Rainer report is hardly

likely to be tendentious, as counsel says, or to be prejudiced in favor

of Defendant Seyss-Inquart’s contribution to the Anschluss. It tends, on

the contrary, to show that Seyss-Inquart was not quite so important as

he might have thought he was. Even so, Rainer gives Seyss-Inquart credit

enough.

The Rainer report further tells of the disorganization of the Nazi Party

in Austria and of its reconstitution. I now quote the second and third

paragraphs of the report, appearing on Pages 3 and 4 of the English text

of 812-PS, which is Exhibit USA-61; and I believe it is on Pages 1 and 2

of the original German of the report or Bericht, which is the third part

of the document:

“Thus the first stage of battle commenced which ended with the

July rising of 1934. The decision for the July rising was right,

the execution of it was faulty. The result was a complete

destruction of the organization; the loss of entire groups of

fighters through imprisonment or flight into the Alt-Reich, and

with regard to the political relationship of Germany to Austria,

a formal acknowledgment of the existence of the Austrian State

by the German Government. With the telegram to Papen,

instructing him to reinstitute normal relationships between the

two States, the Führer had liquidated the first stage of the

battle, and a new method of political penetration was to begin.

By order of the Führer the Landesleitung Munich was dissolved,

and the Party in Austria was left to its own resources.

“There was no acknowledged leader for the entire Party in

Austria. New leaderships were forming in the new Gaue. The

process was again and again interrupted by the interference of

the police; there was no liaison between the formations, and

frequently there were two, three, or more rival leaderships. The

first evident, acknowledged speaker of almost all the Gaue in

Autumn 1934 was Engineer Reinthaler (already appointed

Landesbauernführer, leader of the country’s farmers, by Hess).

He endeavored to bring about a political appeasement by

negotiations with the Government with the purpose of giving the

NSDAP legal status again, thus permitting its political

activities. Simultaneously, Reinthaler started the

reconstruction of the illegal political organization at the head

of which he had placed Engineer Neubacher.”

Next we have secret contacts between German officials, including the

Defendant Von Papen, and the Austrian Nazis; the use by the Austrian

Nazis of front personalities.

There are two cardinal factors concerning the Nazi organization in

Austria which should be borne in mind.

First, although the Führer had, on the surface, cast the Austrian Nazis

adrift—as indicated in the document I have just read—in fact, as we

shall show, German officials, including Von Papen, maintained secret

contact with the Austrian Nazis in line with Hitler’s desires. German

officials consulted and gave advice and support to the organization of

the Austrian Nazis.

In the second place, the Austrian Nazis remained an illegal organization

in Austria, organizing for the eventual use of force in a so-called

emergency. But in the meantime they deemed it expedient to act behind

front personalities, such as the Defendant Seyss-Inquart, who had no

apparent taint of illegality in his status in Austria.

Mr. Messersmith relates, in his affidavit, that he got hold of a copy of

a document outlining this Nazi program. I quote from Page 8 of Document

1760-PS, USA-57, the following:

“For 2 years following the failure of the July 25 Putsch, the

Nazis remained relatively quiet in Austria. Very few terroristic

acts occurred during the remainder of 1934 and, as I recall, in

1935 and most of 1936, this inactivity was in accordance with

directives from Berlin, as direct evidence to that effect which

came to my knowledge at that time, proved. Early in January the

Austrian Foreign Minister Berger-Waldenegg, furnished me a

document which I considered accurate in all respects, and which

stated:

“‘The German Minister here, Von Papen, on the occasion of his

last visit to Berlin, was received three times by Chancellor

Hitler for fairly long conversations and he also took this

opportunity to call on Schacht and Von Neurath. In these

conversations the following instructions were given to him:

“‘During the next 2 years nothing can be undertaken which will

give Germany external political difficulties. On this ground,

everything must be avoided which could awaken the appearance of

Germany interfering in the internal affairs of Austria.

Chancellor Hitler will, therefore, also for this reason, not

endeavor to intervene in the present prevailing difficult crisis

in the National Socialist Party in Austria, although he is

convinced that order could be brought into the Party at once

through a word from him. This word, however, he will not give

for foreign political reasons, being convinced that ends desired

by him may be reached also in another way. Naturally, Chancellor

Hitler declared to the German Minister here, this does not

indicate any disinterestedness in Austria’s independence. Also,

before everything, Germany cannot for the present withdraw Party

members in Austria, and must therefore, in spite of the very

real exchange difficulties, make every effort to bring help to

the persecuted National Socialist sufferers in Austria.

“‘As a result, Minister of Commerce Schacht finally gave the

authorization that from then on, 200,000 marks a month were to

be set aside for this end (support of National Socialists in

Austria). The control and supervision of this monthly sum was to

be entrusted to Engineer Reinthaler, who, through the fact that

he alone had control over the money, would have a definite

influence on the Party followers. In this way it would be

possible to end most quickly and most easily the prevailing

difficulties and divisions in the Austrian National Socialist

Party.

“‘The hope was also expressed to Herr Von Papen that the

recently authorized foundation of German Ortsgruppen of the

National Socialist Party in Austria, made up of German citizens

in Austria, would be so arranged as not to give the appearance

that Germany is planning to interfere in Austrian internal

affairs.’”

The report of Gauleiter Rainer to Reich Commissar Bürckel in July 1939

outlines the further history of the Party and the leadership squabbles

following the retirement of Reinthaler.

THE PRESIDENT: Do you think this would be a convenient time to break off

until 2 o’clock?

MR. ALDERMAN: Yes, sir.

[_The Tribunal adjourned until 1400 hours._]

_Afternoon Session_

MR. ALDERMAN: May it please the Tribunal, I had just referred again to

the report of Gauleiter Rainer to Reich Commissioner Bürckel in July

1939, which outlines the further history of the Party and the leadership

problem following the retirement of Reinthaler.

In referring to the situation in 1935, he mentioned some of the contacts

with the Reich Government, that is, the German Government, in the

following terms. I quote from Page 4 of the English text of that report,

and I believe from Page 4 of the German text of the Rainer report, which

is 812-PS, that is Exhibit USA-61:

“In August some further arrests took place, the victims of which

were, apart from the Gauleiter”—Gau leaders—“also Globocnik

and Rainer. Schattenfroh then claimed, because of an instruction

received from the imprisoned Leopold, to have been made deputy

country leader. A group led by engineer Raffelsberger had at

this time also established connection with departments of the

Alt-Reich (Ministry of Propaganda, German racial agency, _et

cetera_), and made an attempt to formulate a political motto in

the form of a program for the fighting movement of Austria.”

And, again, the Rainer report sets forth the situation a little later in

1936. I quote from Page 6 of the English text, and I think Page 5 of the

German text:

“The principles of the construction were:

“The organization is the bearer of the illegal fight and the

trustee of the idea to create a secret organization, in a simple

manner and without compromise, according to the principle of

organizing an elite to be available to the illegal Land Party

Council upon any emergency. Besides this, all political

opportunities should be taken and all legal people and legal

chances should be used without revealing any ties with the

illegal organization. Therefore, cooperation between the illegal

Party organization and the legal political aides was anchored at

the top of the Party leadership. All connections with the Party

in Germany were kept secret in accordance with the orders of the

Führer. These said that the German State should officially be

omitted from the creation of an Austrian NSDAP and that

auxiliary centers for propaganda, press, refugees, welfare, _et

cetera_, should be established in the foreign countries

bordering Austria.

“Hinterleitner already contacted the lawyer Seyss-Inquart, who

had connection with Dr. Waechter which originated from

Seyss-Inquart’s support of the July uprising. On the other side,

Seyss-Inquart had a good position in the legal field and

especially well-established relations with Christian Social

politicians. Dr. Seyss-Inquart came from the ranks of the

Styrian Heimatschutz”—home defense—“and became a Party member

when the entire Styrian Heimatschutz was incorporated into the

NSDAP. Another personality who had a good position in the legal

field was Colonel Glaise-Horstenau who had contacts with both

sides. The agreement of 11 July 1936 was strongly influenced by

the activities of these two persons of whom Glaise-Horstenau was

designed as trustee to the Führer.”

The Rainer report thus discloses the dual tactics of the Austrian Nazis

during this period of keeping quiet and awaiting developments. They were

maintaining their secret contacts with Reich officials, and using native

personalities such as Glaise-Horstenau and Seyss-Inquart. The Nazis made

good use of such figures, who were more discreet in their activities and

could be referred to as nationalists. They presented, supported, and

obtained consideration of demands which could not be negotiated by other

Nazis like Captain Leopold.

Seyss-Inquart did not hold any public office until January 1937, when he

was made Counsellor of State. But Rainer, describing him as a

trustworthy member of the Party through the ranks of this Styrian

Heimatschutz, points him out as one who strongly influenced the

agreement of July 11, 1936. The strategic importance of that agreement

will be considered a little later. Rainer’s report, as I have said

before, was hardly likely to over emphasize the significance of

Seyss-Inquart’s contribution.

That the Nazis, but not the Austrian Government, did well to trust

Seyss-Inquart is indicated by the next document. I propose to offer in

evidence Document 2219-PS as Exhibit USA-62. This is a letter dated 14

July 1939, addressed to Field Marshal Göring. The document is a typed

carbon of the letter. It ends with the “Heil Hitler” termination, and it

is not signed, but we think it was undoubtedly written by Defendant

Seyss-Inquart. It was the carbon copy found among Seyss-Inquart’s

personal files, and such carbon copies kept by authors of letters

usually are not signed. On the first page of the letter there appears a

note in ink, not indicated in the partial English translation, reading,

“Air Mail, 15 July, 1515 hours, Berlin, brought to Göring’s office.” The

main text of the letter consists of a plea for intercession on behalf of

one Mühlmann, whose name we shall meet later, and who, unfortunately,

got into Bürckel’s bad graces. I shall quote the extract part of the

document which has been translated into English, and which starts, I

believe, on Page 7 of the German text:

“At present in Vienna, 14 July 1939;

“To the General Field Marshal

“Sir:

“If I may add something about myself, it is the following: I

know that I am not of an active fighting nature, unless final

decisions are at stake. At this time of pronounced

activism”—Aktivismus—“this will certainly be regarded as a

fault of my personality. Yet I know that I cling with

unconquerable tenacity to the goal in which I believe, that is

Greater Germany”—Grossdeutschland—“and the Führer. And if some

people are already tired out from the struggle and some have

been killed in the fight, I am still around somewhere and ready

to go into action. This, after all, was also the development

until the year 1938. Until July 1934, I conducted myself as a

regular member of the Party. And if I had quietly, in whatever

form, paid my membership dues (the first one, according to a

receipt, I paid in December 1931) I probably would have been an

undisputed, comparatively old fighter and Party member of

Austria, but I would not have done any more for the union. I

told myself in July 1934 that we must fight this clerical regime

on its own ground in order to give the Führer a chance to use

whatever method he desired.”—I would like to call particular

attention to that sentence.—“I told myself that this Austria

was worth a mass. I have stuck to this attitude with an iron

determination because I and my friends had to fight against the

whole political church, the Freemasonry, the Jewry, in short,

against everything in Austria. The slightest weakness which we

might have displayed would undoubtedly have led to our political

annihilation; it would have deprived the Führer of the means and

tools to carry out his ingenious political solution for Austria,

as became evident in the days of March 1938. I have been fully

conscious of the fact that I am following a path which is not

comprehensible to the masses and also not to my Party comrades.

I followed it calmly and would without hesitation follow it

again, because I am satisfied that at one point I could serve

the Führer as a tool in his work, even though my former attitude

even now gives occasion to very worthy and honorable Party

comrades to doubt my trustworthiness. I have never paid

attention to such things because I am satisfied with the opinion

which the Führer and the men close to him have of me.”

That letter was written to one of the men close to him—Field Marshal

Göring. I think that suffices to demonstrate Seyss-Inquart as one whose

loyalty to Hitler, a foreign dictator, and to the aims of the Nazi

conspiracy, led him to fight for the Anschluss with all the means at his

disposal.

It is appropriate at this time to offer in evidence a document from the

Defendant Von Papen, and to see how he thought the doctrines of National

Socialism could be used to effect the aim of the Anschluss. I offer

Document 2248-PS as Exhibit USA-63. This document is a letter from Von

Papen to Hitler, dated July 27, 1935. It consists of a report entitled,

“Review and Outlook 1 Year after the Death of Chancellor Dollfuss.”

After reviewing the success that the Austrian Government had had in

establishing Dollfuss as a martyr, and his principles as the patriotic

principles of Austria, Von Papen stated—and I quote the last paragraph

of the letter, beginning on Page 1 (Page 146 of the German text):

“National Socialism must and will overpower the new Austrian

ideology. If today it is contended in Austria that the NSDAP is

only a centralized Reich German Party and therefore unable to

transfer the spirit of thought of National Socialism to groups

of people of a different political makeup, the answer must

rightly be that the national revolution in Germany could not

have been brought about in a different way. But when the

creation of the people’s community in the Reich will be

completed, National Socialism could, in a much wider sense than

this is possible through the present Party organization—at

least apparently—certainly become the rallying point for all

racially German units beyond the borders. Spiritual progress in

regard to Austria cannot be achieved today with any centralized

tendency. If this recognition would once and for all be stated

clearly from within the Reich, then it would easily become

possible to effect a break-through into the front of the New

Austria. A Nuremberg Party Day designated as ‘The German Day’ as

in old times and the proclamation of a National Socialistic

peoples’ front would be a stirring event for all beyond the

borders of the Reich. Such attacks would win us also the

particularistic Austrian circles, whose spokesman, the

legitimistic Count Dubsky, wrote in his pamphlet about the

Anschluss: ‘The Third Reich will be with Austria, or it will not

be at all. National Socialism must win it or perish if it is

unable to solve this task.’”

We have other reports from Von Papen to Hitler which I shall offer in

evidence presently, showing that he maintained covert contact with the

National Socialist groups in Austria. It is certainly interesting that

from the very start of his mission, Defendant Von Papen was thinking of

ways and means of using the principle of National Socialism for national

Germans outside the border of Germany. Papen was working for the

Anschluss, although he preferred to use the principles of National

Socialism rather than rely on the Party organization as a necessary

means of establishing those principles in the German Reich.

Next we have some assurance and reassurance to Austria. The German

Government did no more than keep up a pretense of non-interference with

Austrian groups. It employed the psychological inducement of providing

assurances that it had no designs on Austrian independence. If Austria

could find hope for the execution of those assurances, she could find

her way clear to the granting of concessions and obtain relief from the

economic and internal pressure.

I offer Document 2247-PS in evidence as Exhibit USA-64. It is a letter

from Von Papen, while in Berlin, to Hitler, dated May 17, 1935.

Von Papen’s letter indicated to Hitler that a forthright credible

statement by Germany reassuring Austria, would be most useful for German

diplomatic purposes and for the improvement of relationship between

Austria and German groups in Austria.

He had a scheme for pitting Schuschnigg and his Christian Social forces

against Starhemberg, the Vice Chancellor of Austria, who was backed by

Mussolini. Von Papen hoped to persuade Schuschnigg to ally his forces

with the NSDAP in order to emerge victorious over Starhemberg. Von Papen

indicates that he obtained this idea from Captain Leopold, leader of the

illegal National Socialists in Austria.

I quote from his letter, starting at the second paragraph of the second

page. This is Von Papen writing to “Mein Führer” Hitler:

“I suggest that we take an active part in this game. The

fundamental idea should be to pit Schuschnigg and his Christian

Social forces, who are opposed to a home-front dictatorship,

against Starhemberg. The possibility of thwarting the measures

arranged between Mussolini and Starhemberg should be afforded to

him in such a way that he would submit the offer to the

Government of a definitive German-Austrian compromise of

interests. According to the convincing opinion of the leader of

the NSDAP in Austria, Captain Leopold, the totalitarian

principle of the NSDAP in Austria must be replaced in the

beginning by a combination of that part of the Christian Social

elements which favors the Greater Germany idea and the NSDAP. If

Germany recognizes the national independence of Austria and

guarantees full freedom to the Austrian national opposition,

then, as a result of such a compromise, the Austrian Government

would be formed in the beginning by a coalition of these

forces. . . . A further consequence of this step would be the

possibility of the participation of Germany in the Danube Pact,

which would take the sting out of its acuteness due to the

settlement of relations between Germany and Austria. Such a

measure would have a most beneficial influence on the European

situation, and especially on our relationship with England.

“One may object that Schuschnigg will hardly be determined to

follow such a pattern, that he will rather in all probability

immediately communicate our offer to our opponents.

“Of course, one should first of all explore the possibility of

setting Schuschnigg against Starhemberg through the use of

go-betweens. The possibility exists. If Herr Schuschnigg finally

says ‘no’ and makes our offer known in Rome, then the situation

would not be any worse, but on the contrary, the efforts of the

Reich Government to make peace with Austria would be revealed,

without prejudice to other interests. Therefore, even in the

case of refusal this last attempt would be an asset. I consider

it completely possible, that in view of the farspread dislike in

the Alpine countries of the pro-Italian course, and in view of

the sharp tensions between the Federal

Government”—Bundesregierung—“Herr Schuschnigg will grasp this

last straw, always under the supposition that the offer could

not be interpreted as a trap by the opponents, but that it bears

all the marks of an actually honest compromise with Austria.

“Assuming success of this step we would again establish our

active intervention in central European politics, which, as

opposed to the French, Czech, and Russian political maneuvers,

would be a tremendous success, both morally and practically.

“Since there are 2 weeks left to accomplish very much work in

the way of explorations and conferences, an immediate decision

is necessary.

“The Reich Army Minister”—Reichswehrminister—“shares the

opinion presented above, and the Reich Foreign

Minister”—Reichsaussenminister—“wants to discuss it with you,

my Führer.”—Signed—“Papen.”

In other words, Von Papen wanted a strong assurance and a credible

assurance of the preservation of Austria’s independence. As he put it,

Germany had nothing to lose with what it could always call a mere effort

at peace, and she might be able to convince Schuschnigg to establish an

Austrian coalition government with the NSDAP. If she did this, she would

vastly strengthen her position in Europe. Finally Von Papen urged haste.

Exactly 4 days later, in a Reichstag address, Hitler responded to Von

Papen’s suggestion, and asserted:

“Germany neither intends nor wishes, to interfere in the

internal affairs of Austria, to annex Austria or to conclude an

Anschluss.”

The British will present a document covering that speech. I merely

wanted to use one sentence at this point. It is a sentence quite well

known to history.

It is appropriate to take notice of this assurance at this point, and to

note that for a complexity of reasons Von Papen suggested, and Hitler

announced, a policy completely at variance with their intentions, which

had been, and continued to be, to interfere in Austria’s internal

affairs and to conclude an Anschluss.

There was then a temporary continuance of a quiet pressure policy.

On May 1, 1936, Hitler blandly in a public speech branded as a lie any

statement that “tomorrow or the day after” Germany would fall upon

Austria. I invite the Court’s attention to the version of the speech

appearing in the _Völkischer Beobachter_, SD—that is South Germany—2

to 3 May 1936, Page 2, and translated in our Document 2367-PS.

Without offering that document, I ask the Court to take judicial notice

of that statement in that well-known speech.

If Hitler meant what he said, it was only in the most literal and

misleading sense, that is, that he would not actually fall upon Austria

“tomorrow or the day after tomorrow.” For the conspirators well knew

that the successful execution of their purpose required for a little

while longer the quiet policy they had been pursuing in Austria.

I now offer in evidence our Document L-150, “Memorandum of Conversation

between Ambassador Bullitt and the Defendant Von Neurath, on 18 May

1936” as Exhibit USA-65. This document unfortunately again appears in

your document books in German. Due to an error, it has not been

mimeographed in English. German counsel have the German copies.

I shall read from it and at the same time, hand to the interpreter

reading the German, a marked copy of a German translation. I might read

one sentence from the first paragraph:

“I called on Von Neurath, Minister of Foreign Affairs, on May 18

and had a long talk on the general European situation.

“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 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, all

these countries will begin to feel very differently about their

foreign policies and a new constellation will develop.’”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 02 · 第 77 / 82 题