dtufail/nuremberg-trials-corpus huggingface dataset:
MR. ALDERMAN: "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.
MR. ALDERMAN: He had, as we now know, exacted a promise that the gang of Austrian Nazi murderers should be allowed to go 28 Nov.45 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.
MR. ALDERMAN: 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.
MR. ALDERMAN: "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.
MR. ALDERMAN: "The assembled thousands at Klagenfurt were addressed by the Fuehrer'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 Fuehrer 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 28 Nov.45 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.
MR. ALDERMAN: 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 2d, 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.
MR. ALDERMAN: 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.
MR. ALDERMAN: 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 28Nov.4S 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.
MR. ALDERMAN: 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 tin 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 Doenitz): 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, Doenitz' name was mentioned. It appears on Page 4 of the German version. I should like to read the whole paragraph: "Admiral Karl Doenitz 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. DR. KRANZBÜHLER: [Continuing.] "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 Doenitz' 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 Doenitz.
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 Doenitz, 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 das sichanderseits nicht mit den Zielen seiner Berufung in Osterreich 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." 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.