An hour later, at 6:20 p.m., Goering had an extensively interrupted telephone conversation with Keppler and Muff and Seyss-Inquart. When he told Keppler that Miklas had refused to appoint Seyss-Inquart, Goering said - - I read from Part H - - It is about a third of the way down on the page.
"Goering: Well, then Seyss-Inquart has to dismiss him. Just go upstairs again and just tell him plainly that Seyss-Inquart (S.I.) shall call on the National-Socialists guard, and in five minutes the troops will march in by my order." After an interruption, Seyss-Inquart came to the telephone and informed the defendant Goering that Miklas was still sticking to his old view, although a new person had gone in to talk to him, and there might be definite word in about ten minutes. The conversation proceeded as follows: I quote from page 2 of Part H, beginning about the middle of the page:
"Goering: Listen, so I shall wait a few more minutes, till he comes back; then you inform me via Blitz conversation in the Reich Chancery as usually, but it has to be done fast. I hardly can justify it as a matter of fact. I am not entitled to do so; if it can not be done, then you have to take over the power all right?
"Seyss-Inquart: But if he threatens?
"Goering: Yes.
"Seyss-Inquart: Well, I see; then we shall be ready.
"Goering: Well me via Blitz." on a plan for Seyss-Inquart to take over power if Miklas remained obdurate. The plan which was already discussed involved the use of both the National Socialist forces in Austria and the German troops who had been crossing the borders. Later that night Goering and Seyss-Inquart had another conversation at about 11 o'clock. This was after the ultimatum had expired. Seyss-Inquart informed Goering that Miklas was still refusing to name SeyssInquart as chancellor. The conversation then proceeded as follows, and I quote from part I of this folder:
"Goering: OK." What's the German word for OK? Shoen. "I shall give the order to march in and then you make sure that you get the power. Notify the leading people about the following which I shall tell you now: Everyone who offers resistance or organizes resistance will immediately be subjected to our court-martial, the court-martial of our invading troops. Is that clear?
"Seyss-Inquart: Yes.
"Goering: Including leading personalities; it does not make any difference.
"Seyss-Inquart: Yes, they have given the order not to offer any resistance.
"Goering: Yes, it does not matter; the Federal President did not authorize you, and that also can be considered as resistance.
"Seyss-Inquart: Yes.
"Goering: Well, now you are officially authorized.
"Seyss-Inquart: Yes.
"Goering: Well, good luck, Heil Hitler."
I'm sorry; that conversation took place at 8 o'clock instead of 11. I meant to say 8 o'clock. It is quite interesting to me that when the defendant Goering was planning to invade a peaceful neighboring state, he planned to try what he referred to as major war criminals before German court-martial, the leading personalities. of action for taking over power. Then something very significant was sent on that subject over the telephone, at least so far as these transcripts indicate. But there was another historical event which was discussed over the telephone. I refer to the famous telegram which Seyss-Inquart sent to the German Government requesting the German government to send troops into Austria to help Seyss-Inquart put down disorder. A conversation hold at 8.48 that night between Goering and Keppler proceeded as follows: I read from page 1 of Part L:
"Goering: Well, I do not know yet. Listen, the main thing is that if Inquart takes over all powers of government that he keeps the radio stations occupied.
"Keppler: Well, we represent the government now.
"Goering: Yes, that's it. You are the government.
Listen carefully. The following telegram should be sent here by Seyss-Inquart. Take the notes : 'The provisional Austrian Government which, after the dismissal of the Schuschnigg Government, considered it its task to establish police and order in Austria, sends to the German Government the urgent request to support it in its task to help it to prevent bloodshed. For this purpose, it asks the German Government to send German troops as soon as possible.
"Keppler: Well, SA and SS are marching through the streets, but everything is quiet.
THE PRESIDENT: Did you say "quiet"?
MR. ALDERMAN: Quiet.
THE PRESIDENT: In my copy, it is "quick."
MR. ALDERMAN: That is a typographical error. It is "Quiet".
THE PRESIDENT: Yes.
"Everything has collapsed with the professional groups. Now lot us talk about sending German troops to put down disorder." The SA and the SS were marching in the streets, but every thing was quiet. And a few minutes later, the conversation continued thus, reading from page 2 of Part L:
"Goering: Then our troops will cross the border today.
"Keppler: Yes.
"Goering: Well, and he should send the telegram as soon as possible.
"Keppler: Well, send the telegram to Seyss-Inquart in the office of the Federal Chancellor.
"Goering: Please show him the text of the telegram and do tell him that we are asking him--well, he doesn't even need to send the telegram. All he needs to do is to say, 'Agreed.'
"Keppler: Yes.
"Goering: He doesn't know me at the Fuehrer's or at my place. Well, good luck. Heil Hitler."
Well, of course, he didn't need to send the telegram because Goering wrote the telegram. He already had it. It must be recalled that in the first conversation, Part A, held at 3:05 p.m., Goering had requested Seyss-Inquart to send the telegram agreed upon, but now the matter was so urgent that Goering discussed the direct wording of the telegram over the telephone. And an hour later, at 9:54 pm. a conversation between Dr. Dietrich in Berlin and Keppler in Vienna went on as follows, reading from Part M:
"Dietrich: I need the telegram urgently.
"Keppler: Tell the General Field Marshal that Seyss-Inquart agrees.
"Dietrich: This is marvelous. Thank you.
"Keppler: Listen to the radio. News will be given.
"Dietrich: Where?
"Keppler: From Vienna.
"Dietrich: So Seyss-Inquart agrees?
"Keppler: Jawohl."
Next the actual order to invade Austria. Communications in Austria were now suspended but the German military machine had been set in motion. To demonstrate that, I now offer in evidence captured document C-182, offered as Exhibit USA 77, a directive of 11 March 1938 at 2045 hours, from Supreme Commander of the Armed Forces. This directive initialed by General Jodl and signed by Hitler orders the invasion of Austria in view of its failure to comply with the German ultimatum. The directive reads:
"Top secret. Berlin, 11 March 1938, 2045 hours. Supreme Commander of the armed forces, OKW," with other symbols. "35 copies, 6th copy. C-in-C Navy (pencil note) has been informed. Re: Operation Otto. Directive No. 2.
"(1) The demands of the German ultimatum to the Austrian government have not been fulfilled.
"(2) The Austrian Armed Forces have been ordered to withdraw in front of the entry of German troops and to avoid fighting.
"The Austrian Government has ceased to function of its own accord.
"(3) To avoid further bloodshed in Austrian towns, the entry of the German Armed Forces into Austria will commence, according to directive No. 1, at daybreak on 12.3.
"I expect the set objectives to be reached by exerting all forces to the full as quickly as possible. Signed Adolf Hitler. Initialled by Jodl and by a name that looks like Warlimont."
avoid possibility of disaster from that sort. At the very and that was Italy.
Italy had massed on the Italian With what a Sigh of relief did Hitler at 10:
25 p.m. that night inform Price Phillipp von Hessen, his Ambassador at Rome, that he had just come back from the Palazzo Venezia, where Mussolini had accepted the whole thing in a very friendly manner. The situation can really be grasped by the reading of the conversation. The record of the conversation shows the excitement under which Hitler was operating when he spoke over the phone. It is a short conversation, and I shall read the first half of it from Part "N" of the transcript of 2949-PS. I'm afraid Part "N" may be blurred on the mimeographed copy. "H" is Hessen and "F" is the Fuehrer.
Hessen: "I have just come back from Pallazzo Venezia. The Duce accepted the whole thing in a very friendly manner He sends you his regards. He had been informed from Austria, Schuschnigg gave him the news. He had then said it would be a complete impossibility; it would be a bluff; such a thing could not be done. So he was told that it was unfortunately arranged thus, and It could not be changed any more. The Mussolini said that Austria would be immaterial to him." Hitler: Then, please tell Mussolini, I will never forgot him for this."
Hessen: "Yes."
Hitler: "Never, never, never, whatever happens. I him."
Hessen: "Yes, I told him that, too."
Hitler: "As soon as the Austrian affair has been thin; nothing matters."
Hessen: "Yes, my Fuehrer."
Hitler: "Listen, I shall make any agreement - am no never shall I forgot that."
Hessen: "Yes, my Fuehrer."
Hitler: "I will never forget it, whatever will happen happen, even if the whole world were against him."
Hessen: "Yes, my Fuehrer."
The Tribunal will recall the reference in Jodl's diary to the letter which Hitler had sent to Mussolini.
It is dated March 11th.
It may be found in the official publica tion "Dokumento Der Deutschen Politik", Volume 6, 1, page 135, number 24-A. I ask the Court to take judicial notice our document 2510-PS.
In this letter, after stating that and I quote:
"I have decided to reestablish order in my fatherland fashion openly and by its own decision."
He stated that this was an act of self-defense; that he had no hostile intentions towards Italy.
And after the whichthe world so well remembers.
I again cite Documente and the document reads:
"Mussolini, I shall never forgot you for this."
We now shift our scene from Vienna to Berlin. We have shifted our scene I meant, from Vienna to Berlin.
It may The radio announcement of Seyss-Inquart's appointment was made at 11:
15 p.m. This is noted in Dokument Der Deutschen phone transcript.
On Sunday, March 13, 1938, the day after his fatherland, phone defendant Ribbentrop in London.
I American vernacular, a kind of international "double talk" to soothe and mislead other nations.
I quote from Part 1 of item "W" of document 2949-PS.
Goering: "As you know"--speaking to Ribbentrop in London-- "As you know, the Fuehrer has entrusted me with (Fuehrung der Regierungsgeschaefte), and therefore I wanted to inform you.
These is overwhelming joy in Austria, that you can hear over the radio".Ribbentrop:
"Yes, it is fantastic, isn't it?"
Goering: "Yes, the last march into the Rhineland is completely overshadowed.
The Fuehrer was deeply moved, when he talked to me last night.
You must remember it was the first time that he saw his homeland again.
Now, I mainly want to talk about political things.
Well, this (Volksreferenkn) have presented the ultimatum.
Later on, more and more prominent people of the Movement Party participated, and as a natural result, the Austrian National Socialist ministers asked us to back them up, so they would not be completely beaten up again and be subjected to terror and civil war. Then we told them we would not allow Schuschnigg to provoke a civil war, under no circumstances. Whether by Schuschnigg's direct order or with consent, the Communists and the Reds had been armed, and were already making demonstrations, which were, photographed with "Heil Moskau" and so on, naturally, all these facts caused some danger for Weiner-Neustadt. Then you have to consider that Schuschnigg made his speeches, telling them the Fatherland Front (Vaterlandische Front) would fight to the last man. One could not know that they would capitulate like that, and therefore Seyss-Inquart, who already had taken over the government, asked us to march in immediately. Before we had already marched up to the frontier, since we could not know whether there would be a civil war or not. These are the actual facts which can be proved by documents." the proper line that he should take in London as to how to explain what had happened in Austria. Of course, when the defendant Goering said that his story about this matter could be proved by documents, I don't think he had in mind that his own telephone calls might constitute documents. of this Part "W"- - still Goering talking to Ribbentrop in London. This is at the bottom of the page.
"Goering: No, no, I think so, too. Only, I did not know if you spoke already to these people.
I want that you once more, - but the following to Halifax and Chamberlain:
It is not correct that Germany has given ultimatum.
This is a lie by Seyss-Inquart, Glise-Horstenau and Jury.
Furthermore, it asked by Seyss-Inquart, because of a technical question"-by Goering to go along - "he was supposed to ask whether troops, Germany would grant this request.
Furthermore, I want to state that Seyss-Inquart asked us expressively, by 'phone the situation in Wiener-Neustadt, Vienna, and so on; because arms had been distributed there.
And then he could not know how the mouth."
"Ribbentrop: Mr. Goering, tell me, how is the situation in Vienna;
is everything settled yet?
Goering: Yes. Yesterday I landed hundres of airplanes with some received with joy.
Today the advance unit of the 17th stationed."
Seyss-Inquart alone and not by Goering; that Lieutenant General Muff, the Military Attache, was along just to answer a technical question, and that Seyss-Inquart asked expressively 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 nine 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." of the material relating to the aggression against Austria. In a moment I shall take up quite briefly the effect 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. 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. 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 fold. 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 that duplicity. I think they're dangerous men.
C-182, U.S. Exhibit "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, "The 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 operative. I refer to the speech of Seyss-Inquart at Linz on 12 March 1938, as contained in the Dokumente der Deutschen Politik, Volume 6, 1, 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. our Exhibit L-292, telegram 70, American Legation, Vienna, to the American Secretary of State, 12 March 1938 -- that is L-292, and I offer it as Exhibit U.S.A. 78.
I quote it in full:
"Secretary of State, Wien.
"March 12, noon.
"Numerous German bombers flying over Vienna dropping leaflets 'National Socialist Germany greets its possession, National Socialist Austria and its new Government in true indivisible Union.'
"Continual rumors small German troop movements into Austria and impending arrival Austrian Legion. SS and SA in undisputed control in Vienna. Police wear Swastika arm bands. Schuschnigg and Schmidt rumored arrested. Himmler and Hess here."
Signed "Wiley." 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 6-1, 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 2949-PS, that in view of Miklas' delay in appointing Seyss-Inquart, Miklas would be dismissed. Seyss-Inquart became both Chancellor and President. for the reunion of Austria with the German Reich, which in turn was incorporated into the Reich 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. 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. Hess, Deputy Fuehrer. 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." 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." 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. 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.
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 6-1, Page 150. 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.
I refer to "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. 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 "First Decree of the Fuehrer and Reich Chancellor concerning the introduction of German Reich Law in Austria, 15 March 1938," Reichsgesetzblatt, Volume 1, Page 2147, Number 25, the translation being in Our Document 2310-PS. 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, 1932, Reichsgesetzblatt, 1938--that must be 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 "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.
"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 "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. "for German men and women of Austria" promised in the Basic Law of March 13.
Then, the importance of Austria in further aggression. Could we run that screen up, or is the chart still behind it? Well, the Court will remember the chart. the wolf around the head of Czechoslovakia. Germany's desire to consummate the Anschluss with Austria and its determination to execute that aim in the way and at the time that it did--that is, with threat of military force, quickly, and despite political risk--was due to the importance of Austria in its further plans of aggression. Europe outlined as objectives in Austria the conquest 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, US Exhibit 25. Austria was to yield to Germany material resources, and moreover she provided ready cash, taken from the Jews and from the Austrian Government. by Hitler, Frick, Schwerin von Krosigk and Schacht for the transfer to the Reich of the assets of the Austrian National Bank.
I refer tothe "Order for the bank, March 17, 1938," Reichsgesetzblatt, 1938, Volume 1, Austria also yielded human resources.
Three months military service.
I refer to the decree regarding strategic position of the German Army.
I invite the Court's attention to a documentwhich I introduced in the Munich, to the Gauleiters.
Only one page of that lecture Page 7 of Jodl's lecture, which reviewed the situation in 1938:
"The Austrian 'Anschluss', in its turn, brought with projected in a most menacing way right into Germany (a the Allies, in particular Russia), Czechoslovakia herself was new enclosed by pincers.
Its own strategic position effective aid from the Most could be expected to arrive."
at this point with the story about Czechoslovakia. For 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 ten minutes (Whereupon at 3:15 p.m., a short recess was taken)