dtufail/nuremberg-trials-corpus huggingface dataset:
MR. ALDERMAN: And then he could not know how the Fatherland Front might react since they always had had such a big mouth.' "Ribbentrop: Herr Goering, tell me, how is the situation in Vienna; is everything settled yet?' "Goering: 'Yes. Yesterday I landed hundreds of airplanes with some companies, in order to secure the airfields, and they were received with joy. Today the advance unit of the 17th division marches in, together with the Austrian troops. Also, I want to point out that the Austrian troops did not withdraw, but that they got together and fraternized immediately with the German troops, wherever they were stationed."' These are quite interesting explanations that the ultimatum was by Seyss-Inquart alone and not by Goering; that Lieutenant General Muff, the military attaché, was along just to answer a technical question, and that Seyss-Inquart asked expressly by telephone and telegram for troops. But, perhaps to understand this conversation, we must try to create again the actual physical scene of the time and place as Goering talked over the phone. I quote eight lines from Page 11 of the English text, about in the middle, Part W: "Goering: 'Well, do come! I shall be delighted to see you.' "Ribbentrop: I shall see you this afternoon.' "Goering: 'The weather is wonderful here-blue sky. I am sitting here on my balcony-all covered with blankets-in the fresh air, drinking my coffee. Later on I have to drive in. I have to make the speech. And the birds are twittering, and here and there I can hear over the radio the enthusiasm, which must be wonderful over there.' "-that is, Vienna. "Ribbentrop: 'That is marvelous.' " May it please the Tribunal, I have practically come to the end of the material relating to the aggression against Austria. In a moment I shall take up quite briefly the effects of the Anschluss, some of the developments which took place after the German troops marched across the border. What is to come after that is an epilogue, but before developing the epilogue, it may be appropriate to pause briefly for just a moment.
MR. ALDERMAN: I think that the facts which I have related to the Tribunal today show plainly certain things about the defendants involved in the conspiracy, and among the conspirators who particularly took action in the Austrian matter were Von Papen, Seyss-Inquart, Ribbentrop, Von Neurath, and Goering. First, I think it is plain that these men were dangerous men. They used their power without a bridle. They used their power to override the independence and freedom of others. And they were more than bullies squeezing a smaller foe. They were very sly bullies. They compounded their force with fraud. They coupled threats with legal technicalities and devious maneuvers, wearing a sanctimonious mask to cover their duplicity. I think they are dangerous men. In accordance with the directive of March 11, our Document C-182, Exhibit USA-77, the German Army crossed the Austrian border at daybreak, 12 March 1938. Hitler issued a proclamation to the German people announcing the invasion, and purporting to justify it. I refer again to Dokumente der Deutschen Politik , Volume 6, Page 140, Number 27, "Proclamation of Hitler." The British Government and the French Government filed protests. The German Government and the Austrian National Socialists swiftly secured their grip on Austria. Seyss-Inquart welcomed Hitler at Linz, and they both expressed their joy over the events of the day. Seyss-Inquart in his speech declared Article 88 of the Treaty of St. Germain inoperative. I refer to the speech of Seyss-Inquart at Linz on 12 March 1938, as contained in the Dokumente der Deutschen Politik , Volume 6, I, Page 144, Number 28-a, of which I ask the Tribunal to take judicial notice, and which you will find translated in our Document 2485-PS. For a view of what was happening in Vienna, I offer in evidence our Document L-292, telegram 70, American Legation, Vienna, to the American Secretary of State, 12 March 1938, and I offer it as Exhibit USA-78. I quote it in full: "Secretary of State, Washington; March 12, noon.
MR. ALDERMAN: "Numerous German bombers flying over Vienna dropping leaflets 'National Socialist Germany greets its possession, National Socialist Austria and her new Government in true indivisible Union.' "Continual rumors small German troop movements into Austria and impending arrival Austrian Legion. SS and set in undisputed control in Vienna. Police wear swastika arm bands. Schuschnigg and Schmidt rumored arrested. Himmler and Hess here."-Signed-"Wiley." The law-making machine was put to work immediately on the task of consolidation. For all of this material I shall merely refer the Tribunal to the German sources and to the document number of the English translation, but I think I need not offer these legislative acts in evidence but shall merely invite the Court to take judicial notice of them. First, Miklas was forced to resign as President. I refer to Dokumente der Deutschen Politik , Volume 6, I, Page 147, Number 30-b. Our translation is in our Document 2466-PS. In this connection the Court will no doubt recall Goering's telephone conversation as shown in Document 2999-PS, that in view of Miklas' delay in appointing Seyss-Inquart, Miklas would be dismissed. Seyss-Inquart became both Chancellor and President. He then signed a Federal Constitutional Law of March 13, 1938 for the reunion of Austria with the German Reich, which in turn was incorporated into the Belch Statute of Reunion, passed the same day, German law. I cite for that the Reichsgesetzblatt 1938, Volume 1, Page 237, Number 21, a translation of which will be found in our Document 2307-PS. This Federal Constitutional Law declared Austria to be a province of the German Reich. By annexing Austria into the German Reich, Germany violated Article 80 of the Treaty of Versailles, which provided (by the way, on the Constitutional Law to which I just referred there appear as signatories the following names: Adolf Hitler, Fuehrer and Reich Chancellor; Goering, General Field Marshal, Reich Minister of Aviation; Frick, Reich Minister of the Interior; Von Ribbentrop, Reich Minister of Foreign Affairs; R.
MR. ALDERMAN: Hess, Deputy Fuehrer.) By annexing Austria into the German Reich, Germany violated Article 80 of the Treaty of Versailles, which provides, and I quote: "Germany acknowledges and will respect the independence of Austria within the frontier, which may be fixed in a treaty between that state and the principal Allied and Associated Powers. She agrees that this independence shall be inalienable." (JN-2) Similarly, the Austrian action violated Article 88 of the Treaty of St. Germain, which provides: "The independence of Austria is inalienable, otherwise than with the consent of the Council of the League of Nations. Consequently, Austria undertakes, in the absence of the consent of the said Council, to abstain from any act which might directly or indirectly or by any means whatever compromise her independence, particularly until her admission to membership of the League of Nations, by participation in the affairs of another power." (JN-3) This basic Constitutional Law provided for a plebiscite to be held on 10 April 1938 on the question of reunion, but this was a mere formality. The plebiscite could only confirm the union declared in the law. It could not undo Germany's union with, and control over, Austria. To illustrate the way in which legal consolidation was swiftly assured under conditions of occupation of Austria by troops, it is not necessary to do more than review some of the acts passed within the month. Hitler placed the Austrian Federal Army under his own command and required all members of the Army to take an oath of allegiance to Hitler as their Supreme Commander. A translation of the pertinent document will be found in our 2936-PS, and I refer to the instruction of the Fuehrer and Reich Chancellor, concerning the Austrian Federal Army, March 13, 1938, Dokumente der Deutschen Politik , Volume 6, I, Page 150. Public officials of the Province of Austria were required to take an oath of office swearing allegiance to Hitler, Fuehrer of the German Reich and people.. Jewish officials as defined were not permitted to take the oath.
MR. ALDERMAN: I refer to a decree of the Fuehrer and Reich Chancellor concerning the administration of oath to the officials of the Province of Austria, March 15, 1938, Reichsgesetzblatt 1938, Volume 1, Page 245, Number 24, the translation being in our Document 2311-PS. Hitler and Frick signed a decree applying to Austria various Reich Laws, including the law of 1933 against the formation of new political parties, and the 1933 Law for the Preservation of Unity of Party and State. I refer to the first decree of the Fuehrer and Reich Chancellor concerning the introduction of German Reich Law into Austria, 15 March 1938, Reichsgesetzblatt 1938, Volume 1, Page 247, Number 25, the translation being in our Document 2310-PS. Hitler, Frick, and Goering ordered that the Reich Minister of the Interior be the central authority for carrying out the reunion of Austria with the German Reich. I cite the order pursuant to the law concerning the reunion of Austria with the German Reich, March 16, 1938, Reichegesetzbtatt 1938, Volume 1, Page 249, Number 25, translated in our 1060-PS. In connection with Germany's extensive propaganda campaign to insure acceptability of the German regime, it may be noted that Goebbels established a Reich Propaganda Office in Vienna. I cite the order concerning the establishment of a Reich Propaganda Office in Vienna, March 31, 1938, Reichsgesetzblatt 1938, Volume 1, Page 350, Number 46, translated in our Document 2935-PS. The ballot addressed to soldiers of the former Austrian Army as "German soldiers" asked the voters whether they agreed with the accomplishment and ratification on March 13, 1938 of the reuniting of Austria with Germany. I cite the second order concerning plebiscite and election for the Greater German Reichstag of March 24, 1938, Reichsgesetzblatt 1938, Volume 1, Page 303, translated in our Document 1659-PS. The ground work was fully laid before the holding of the plebiscite "for German men and women of Austria" promised in the basic law of March 13. Then, the importance of Austria in further aggression.
MR. ALDERMAN: Could we run that screen up, or is the chart still behind it? Well, the Court will remember the chart. The seizure of Austria had now formed that lower jaw to the head of the wolf around the head of Czechoslovakia. Germany's desire to consummate the Anschluss with Austria and her determination to execute that aim in the way and at the time that she did-that is, with threat of military force, quickly, and despite political risk-was due to the importance of Austria in her further plans of aggression. The conference held November 5, 1937, planning for aggressive war in Europe, outlined as objectives in Austria the conquest of food through expulsion of a million people and the effective increase in fighting strength, in part through the improvement in the frontier. I cite again Document 386-PS, Exhibit USA-25. Austria was to yield to Germany material resources, and moreover, she provided ready cash taken from the Jews and from the Austrian Government. One of the first orders passed after the Anschluss was an order signed by Hitler, Frick, Schwerin van Krosigk and Schacht for the transfer to the Reich of the assets of the Austrian National Bank. I refer to the order for the transfer of the Austrian National Bank to the Reichsbank, March 17, 1938, Reichsgesetzblatt 1938, Volume 1, Page 254, Number 27, translated in our 2313-PS. Austria also yielded human resources. Three months after the Anschluss there was enacted a decree requiring the 21-year-old men, Austrian men, to report for active military service. I refer to the decree regarding registration for active military service in Austria during 1938, Reichsgesetzblatt 1938, Volume 1, Page 634, translated in our 1660-PS. And the acquisition of Austria improved the military strategic position of the German Army. I invite the Court's attention to a document which I introduced in the case on preparation for aggression, L-172, Exhibit USA-34, which was a lecture delivered by General Jodl, Chief of the German Staff of the Armed Forces, on 7 November 1943, at Munich, to the Gauleiter.
MR. ALDERMAN: Only one page of that lecture appears in this particular document book, and I quote from one paragraph on Page 5 of the English text, which is Page 7 of Jodl's lecture, which reviewed the situation in 1938: "The Austrian Anschluss, in its turn, brought with it not only the fulfillment of an old national aim but also had the effect both of reinforcing our fighting strength and of materially improving our strategic position. Whereas, until then the territory of Czechoslovakia had projected in a most menacing way right into Germany-a wasp waist in the direction of France and an air base for the Allies, in particular Russia- Czechoslovakia herself was now enclosed by pincers. Her own strategic position had now become so unfavorable that she was bound to fall a victim to any attack pressed home with vigor before effective aid from the west could be expected to arrive." The Nazi conspirators were now ready to carry out the second part of this second phase of their aggression and to take over Czechoslovakia. Logically, if the Tribunal please, we should proceed at this point with the story about Czechoslovakia. For reasons that I explained earlier in the week we have had to change our plans somewhat from a strictly logical order, and the plan at present is that on Monday I shall go forward with the Czechoslovakian part of the aggressive war case. At this point it is planned by our staff to show a motion picture, and it will take some few minutes to make the physical arrangements in the courtroom, so that if the Court should feel like recessing, those arrangements could be made.
THE PRESIDENT: Could you tell me how long the showing of the picture will take?
MR. ALDERMAN: My understanding is about an hour.
THE PRESIDENT: We will adjourn for 10 minutes then, shall we now, or until the picture is ready? [A recess was taken.]
COL. STOREY: If the Tribunal please, Sir, supplementing what Mr. Alderman has said, we have had to readjust our presentation to some extent. Tomorrow morning, a witness will be offered for interrogation. Then Mr. Alderman on Monday; and Sir Hartley Shawcross will make the opening statement for the British Empire on Tuesday morning. The film this afternoon, at the request of defendants' counsel, made in writing to the Court, has been exhibited to defendants' counsel on day before yesterday evening in this courtroom. I personally requested Dr. Dix to convey the invitation to Defense Counsel to witness the film. Eight of them came. Dr. Dix advised me kindly that he would not come unless he was forced to come. I now present Mr. Dodd, who will have charge of the presentation.
MR. DODD: If it please the Tribunal, the Prosecution for the United States will at this time present to the Tribunal, with its permission, a documentary film on concentration camps. This is by no means the entire proof which the prosecution will offer with respect to the subject of concentration camps, but this film which we offer represents in a brief and unforgettable form an explanation of what the words "concentration camp" imply. This subject arises appropriately in the narrative of events leading up to the actual outbreak of aggressive war, which, as Mr. Alderman's presentation shows, was planned and prepared by the Nazi conspirators. We propose to show that concentration camps were not an end in themselves but rather they were an integral part of the Nazi system of government. As we shall show, the black-shirted guards of the SS and the Gestapo stood ranged behind the official pages of the Reichsgesetzblatt . We intend to prove that each and every one of these defendants knew of the existence of these concentration camps; that fear and terror and nameless horror of the concentration camps were instruments by which the defendants retained power and suppressed opposition of their policies, including, of course, their plans for aggressive war. By this means they enforced the controls imposed upon the German people, as required to execute these plans, and obliterated freedom in Germany and in the countries invaded and occupied by the armies of the Third Reich. Finally, we ask the Tribunal in viewing this film to bear in mind the fact that the proof to be offered at a later stage of this Trial will show that on some of the organizations charged in this Indictment lies the responsibility for the origination, the control, and the maintenance of the whole concentration camp system: Upon the SS, the SD-a part of the SS which tracked down the victims-upon the Gestapo, which committed the victims to the camps, and upon other branches of the SS which were in charge of the atrocities committed therein.
MR. DODD: Commander James Donovan will introduce the film with a statement explaining its source and its authenticity. COMMANDER JAMES BRITT DONOVAN, USNR. (Prosecution Counsel for the United States): May it please the Tribunal, I refer to Document Number 2430-PS, concerning the motion picture entitled "Nazi Concentration Camps" and to the affidavits of Commander James B. Donovan, Lieutenant Colonel George C. Stevens, Lieutenant E. R. Kellogg and Colonel Erik Tiebold contained therein. The affidavits of Colonel Stevens and of Lieutenant Kellogg are also contained in the motion picture, and thus will be in the record of the Tribunal. With the permission of the Tribunal, I shall now, however, read into the record those affidavits not appearing in the film.
THE PRESIDENT: In the absence of any objection by the Defense Counsel, we don't think it is necessary to read these formal affidavits.
COMMANDER DONOVAN: Yes, Sir. The United States now offers in evidence an official documentary motion picture report on Nazi concentration camps. This report has been compiled from motion pictures taken by Allied military photographers as the Allied armies in the West liberated the areas in which these camps were located. The accompanying narration is taken directly from the reports of the military photographers who filmed the camps. While these motion pictures speak for themselves in evidencing life and death in Nazi concentration camps, proper authentication of films is contained in the affidavits of the United States Army and Navy officers to which I have referred. As has been stated, this motion picture has been made available to all defense counsel and they possess copies in their Information Room of the supporting affidavits duly translated. If the Tribunal please, we shall proceed with the projection of the film, Document 2430-PS, Exhibit USA-79. [Photographs were then projected on the screen showing the following affidavits while at the same time the voices of the respective affidavits were reproduced reading them.] "I, George C. Stevens, Lieutenant Colonel, Army of the United States, hereby certify: "1. From 1 March 1945 to 8 May 1945 I was on active duty with the United States Army Signal Corps attached to the Supreme Headquarters, Allied Expeditionary Forces, and among my official duties was direction of the photographing of the Nazi concentration camps and prison camps as liberated by Allied Forces. "2. The motion pictures which will be shown following this affidavit were taken by official Allied photographic teams in the course of their military duties, each team being composed of military personnel under the direction of a commissioned officer. "3. To the best of my knowledge and belief, these motion pictures constitute a true representation of the individuals and scenes photographed. They have not been altered in any respect since the exposures were made.
COMMANDER DONOVAN: The accompanying narration is a true statement of the facts and circumstances under which these pictures were made. "(Signed) George C. Stevens, Lieutenant Colonel, AUS. "Sworn to before me this 2nd day of October 1945. "(Signed) James B. Donovan, Commander, United States Naval Reserve." "I, E. R. Kellogg, Lieutenant, United States Navy, hereby certify that: "1. From 1929 to 1941 I was employed at the Twentieth Century Fox Studios in Hollywood, California, as a director of film effects, and am familiar with all photographic techniques. Since 6 September 1941 to the present date of 27 August 1945, I have been on active duty with the United States Navy. "2. I have carefully examined the motion picture film to be shown following this affidavit and I certify that the images of these excerpts from the original negative have not been retouched, distorted or otherwise altered in any respect and are true copies of the originals held in the vaults of the United States Army Signal Corps. These excerpts comprise 6,000 feet of film selected from 80,000 feet, all of which I have reviewed and all of which is similar in character to these excerpts. "(Signed) E. R. Kellogg, Lieutenant, United States Navy. "Sworn to before me this 27 day of August 1945. "(Signed) John Ford, Captain, United States Navy." [The film was then shown.]
COL. STOREY: That concludes the presentation. [The Tribunal adjourned until 30 November 1945 at 7000 hours.]
THE PRESIDENT: I call on the Prosecutor for the United States.
MR. JUSTICE JACKSON: Colonel Amen will represent the United States this morning.
COLONEL JOHN HARLAN AMEN (Associate Trial Counsel for the United States): May it please the Tribunal, I propose to call as the first witness for the Prosecution, Major General Erwin Lahousen.
THE PRESIDENT: The Tribunal wish me to state that the evidence of the witness whom you propose to call must be strictly confined to the count with which the United States are dealing, Count One.
COL. AMEN: May I have a moment to discuss that with the Chief Counsel of the United States?
THE PRESIDENT: Yes, certainly. .
DR. OTTO NELTE (Counsel for Defendant Keitel): Mr. President, so far as I know the Prosecution...
THE PRESIDENT: Would you state for whom you appear? Do you appear for the Defendant Keitel?
DR. NELTE: Yes. As far as I know, an agreement was reached between the Prosecution and the Defense, to the effect that whenever possible, questions to be brought up in the proceedings on the following day should be announced beforehand. The obvious purpose of this very reasonable understanding was to enable Defense Counsel to discuss forthcoming questions :with their clients, and thus to assure a rapid. and even progress of the Trial. I was not informed that the witness Lahousen was to be called by the Prosecution today, nor was I told on what questions he was to be heard. It was particularly important to know this, because today, I believe, the witness Lahousen was not to be heard on questions connected with the Prosecutions case as presented during the past days.
THE PRESIDENT: That is the contrary of what I said. What I said was that the witness was to be confined to evidence relating 30 Nov.95 to Count One, which is the Count that has been solely discussed up to the present date.
DR. NELTE: Do you mean, Mr. President, that in order to enable the Defense to cross-examine the witness, there will be a recess after the interrogation by the Prosecution during which Counsel may discuss the questions with their clients? The witness Lahousen, as far as I recall, has never until now been mentioned by the Prosecution.
THE PRESIDENT: Is that all you have to say?
DR. NELTE: Yes.
THE PRESIDENT: I think the Tribunal would like to hear Counsel for the United States upon the agreement which counsel for the Defendant Keitel alleges, namely, an agreement that what was to be discussed on the following day should be communicated to defendants' counsel beforehand.