I do not have available an official authenticated account of the details of that putsch, but I think it will suffice if I briefly recall to the court what is after all a well-known matter of history. On July 25, 1934, about noon, 100 men dressed in the uniform of the Austrian army attacked the federal chancellery. Chancellor Dollfuss was wounded in trying to escape, being shot twice at close quarters. The Radio Vienna in the center of the town was overwhelmed, and the announcer was compelled to broadcast the news that Dollfuss had resigned and that Dr. Rintelen had taken his place as chancellor. Although the putsch failed, the insurgents kept control of the chancellery building and agreed to give it up only after they had a safe conduct to the German border. The insurgents contacted the German Minister Dr. Reith by telephone and subsequently had private negotiations with him in the building. At about 7 p.m. they yielded the building, but Chancellor Dollfuss breathed his last about 6 p.m. not having had the services of a doctor. denied all complicity in this putsch and in this assassination. Hitler removed Dr. Reith as minister on the ground that he had offered a safe conduct to the rebels without making inquiry of the German government and had thus without reason dragged the German Reich into an internal Austrian affair in public sight. Papen on the 26th day of July 1934. I shall offer that letter a little later. this putsch, we think there is ample basis for the conclusion that the German Nazis bear responsibility for these events. It is not my purpose with respect to this somewhat minor question to review the expansive record in the trial of the Austrian Nazi Planetta and others who were convicted for the nurder of Dollfuss. Similarly I have no intention of showing to the court the contents of the Austrian Braunbuch, issued after July 25, without which the court will, I think, take judicial notice.
sufficient for the purpose. I quote again from our Exhibit No.1760-PS, from the Messersmith affidavit, U.S.57, on page 7, the paragraph in the middle of the page:
"The events of the putsch of July 25, 1934, are too well known for me to repeat them in this statement. I need say here only that there can be no doubt that the putsch was ordered and organized by the Nazi officials from Germany through their organization in Austria made up of German Nazis and Austrian Nazis. Dr. Rieth, the German Minister in Vienna, was fully familiar with all that was going to happen and that was being planned. The German Legation was located directly across the street from the British Legation, and the Austrian secret police kept close watch on the persons who entered the German Legation. The British had their own secret service in Vienna at the time, and they also kept a discreet surveillance over people entering the German Legation. I was told by both British and Austrian officials that a number of the men who were later found guilty by the Austrian courts of having been implicated in the putsch had frequented the German Legation. In addition, I personally followed very closely the activities of Dr. Rieth, and I never doubted on the basis of all my information that Dr. Rieth was in close touch and constant touch with the Nazi agents in Austria, these agents being both German and Austrian. Dr. Rieth could not have been unfamiliar with the putsch and the details in connection therewith. I recall too very definitely from my conversations with the highest officials of the Austrian Government after the putsch their informing me that Dr. Reith had been in touch with von Rintelen, who it had been planned by the Nazis was to succeed Chancellor Dollfuss had the putsch been successful.
"It may be that Dr. Rieth was himself not personally sympathetic with the plans for the putsch, but there is no question that he was fully familiar with all these plans and must have given his assent thereto and connived therein.
court the contents of the Austrian Braunbuch, issued after July 25, without which the court will, I think, take judicial notice. sufficient for the purpose. I quote again from our Exhibit No.1760-PS, from the Messersmith affidavit, U.S.57, on page 7, the paragraph in the middle of the page:
"The events of the putsch of July 25, 1934, are too well known for me to repeat them in this statement. I need say here only that there can be no doubt that the putsch was ordered and organized by the Nazi officials from Germany through their organization in Austria made up of German Nazis and Austrian Nazis. Dr. Rieth, the German Minister in Vienna, was fully familiar with all that was going to happen and that was being planned. The German Legation was located directly across the street from the British Legation, and the Austrian secret police kept close watch on the persons who entered the German Legation. The British had their own secret service in Vienna at the time, and they also kept a discreet surveillance over people entering the German Legation. I was told by both British and Austrian officials that a number of the men who were later found guilty by the Austrian courts of having been implicated in the putsch had frequented the German Legation. In addition, I personally followed very closely the activities of Dr. Rieth, and I never doubted on the basis of all my information that Dr. Rieth was in close touch and constant touch with the Nazi agents in Austria, these agents being both German and Austrian. Dr. Rieth could not have been unfamiliar with the putsch and the details in connection therewith. I recall too very definitely from my conversations with the highest officials of the Austrian Government after the putsch their informing me that Dr. Reith had been in touch with von Rintelen, who it had been planned by the Nazis was to succeed Chancellor Dollfuss had the putsch been successful.
"It may be that Dr. Rieth was himself not personally sympathetic with the plans for the putsch, but there is no question that he was fully familiar with all these plans and must have given his assent thereto and connived therein.
"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, 1933-1938, a book published in 1941, our document 2832 PS, and particularly the entry for July 26, 1934. We have the book with the page to which I have reference, two pages. 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 noticed 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 19th in Venice Hitler was reported to have got 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 looks ominous to me, but events of the kind have been so common that I did not report it to Washington."
THE PRESIDENT: Mr. Alderman, we don't seem to have this document. Our document 2832 PS begins July 26, Thursday.
MR. ALDERMAN: That is right. Yes.
THE PRESIDENT: You began with Monday, did'nt you?
MR. ALDERMAN: I think you misunderstood me. I began reading at a sentence which began on Monday, July 23rd.
THE PRESIDENT: I want to know where that is.
MR. ALDERMAN: Yes, sir. It is in the third paragraph.
THE PRESIDENT: About twelve lines down.
MR. ALDERMAN: Yes, sir.
"Today evidence came to my desk that last night, as late as 11:00 o'clock, the government issued formal statements to the newspapers rejoicing at the fall of Dollfuss and procaliming the greater Germany that must follow. The German Minister in Vienna had actually helped to form the new cabinet.
He had, as we now know, exacted a promise that the gang of Austrian and Nazi murderers should be allowed to go into Germany undisturbed, but it was realized about 12:00 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 Nazi living for a year in Bavaria on German support had been active for ten days before, some getting across the border contrary to law, all drilling and making ready to return to Austria. The German propagandish Habicht was still making radio speeches about the necessity of annexing the ancient realm of the Hapsburg 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. 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 have been quite so unpopular as Nazi Germany. This stroke completes the picture. I expect to read a series of bitter denounciations in the American papers when they arrive about ten days from now". 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, at Page 83. 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. German typing.
THE PRESIDENT: Can you tell us where it occurs in our document book?
MR. ALDERMAN: It is our document 2799-PS, a letter from Adolf Hitler.
THE PRESIDENT: It appears to come opposite 2510-PS.
MR. ALDERMAN: 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 26th, we Ernst Roehm, and others.
The letter from Hitler to von Papen is as follows:
"Dear Mr. von Papen "As a result of the events in Vienna I am compelled to Minister to Vienna; Dr. Rieth, from his post, because be, German Reich Government.
Thus the Minister has dragged the "The assassination of the Austrian Federal Chancellor more acute, without any Fault of ours.
Therefore, it is my "For this reason, I request you, dear Mr. von Papen, to "Therefore, I have suggested to the Reichs-President for a limited period of time.
In this position you will be "Thanking once more for all that you have at a time done "Yours, very sincerely, "Adolf Hitler".July 23, 1938, after the Anschluss with Austria.
At that time of their consultant.
They were eager and willing to reveal I offer as exhibit USA 59.
That document is a dispatch from State, dated July 26, 1938.
Unfortunately, through a mechani 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 this dispatch:
"The two high points of the celebration"--here was a celegration-- "with the memorial assembly on the 24th at attack on the Chancellery in 1934", a reconstruction of the crime, so to say.
"The assembled thousands at Klagenfurt were addressed by the Fuehrer's Deputy, Rudolf Hess, in the who were hanged for their part in the July Putsch.
The Gauleiters of this Ostmark.
From the point of view of the who spread the idea of a new war.
'The world was fortunate' declared Hess' that German's leader was a man who would not allow himself to be provoked.
The Fuehrer ways what is peace of Europe', even though provocators 'completely ignor distinctly claim that he is a menace to the pence of Europe.
' the original attack.
The marchers were met at the Chancellery by Reichsstatthalter Seyss-Inquart, who addressed them and unveiled a memorial cabinet from the Reichsstatthalterei, the Standarte. That is the SS organization which made the original attack and which marched on this occasion four years later. From the Reichsstatthalterei the Standarte marched from the Old Reich Broadcasting Center, from which false news of the resignation of Dolfus has been broadcast, and there unveiled a second memorial tablet. Steinhausen, the present police president of Vienna, is a member of the SS Standarte 89." please, today is rubble, like so much of Nuernberg, but we found a photograph of it in the National Library in Vienna. I should like to offer that photograph in evidence, taken on this occasion four years later, the Nazi wreath encircling the plaque, the memorial tablet, and with a large wreath of flowers with a very distinct Swastika Nazi symbol laid before the wreath. I offer that photograph in evidence, identified as our 2968-PS. I offer it as Exhibit USA 60. You will find that in the document book, and I know of no more interesting or shocking document that you could look at. We call that murder by ratification, celebrating a murder four years later. erected to celebrate this sinister occasion reads: "One hundred fifty-four German men of the 89th SS Standarte stood up here for Germany on July 26, 1934. Seven found dead at 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 more malcontent Austrian revolutionaries, but were regarded as German men, were members of a prior military organization, and stood up here for Germany. In 1934 Hitler repudiated Doctor Reiss 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. 1936. In considering the activities of the Nazi conspirators in Austria between July 25, 1934 and November 1937, there is a distinct and immediate point, the act of July 11, 1936. Accordingly, I shall first review developments in the two year period, July 1934 to July 1936.
First, 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. von Papen in this regard is provided in Mr. Messersmith's affidavit from which I have already quoted, and I quote now from Page 9 of the English copy, the second paragraph.
THE PRESIDENT: What is the number?
MR. ALDERMAN: 1760-PS, 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 know that he had been marked for execution in the St. Bartholomew's massacre on June 30, 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 baldest 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. 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 South East. 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 he was telling me this because the German Government was bound on this objective of getting this control of Southeastern Europe and 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 baldly 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."
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. 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 Nazis. The whole basic effort of von Papen was to bring about 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 successes, particularly with men like Glaise-Horstenau and others who had long favored the "Grossdeutschum" 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 in this respect."
May I inquire if the Court expects to take a short recess?
THE PRESIDENT: Yes. We will adjourn now for ten minutes.
(Whereupon at 11:40 a.m., a short 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 wishes 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.
DR. KRANZBUEHLER: Defense attorney for the defendant Doenitz.
THE PRESIDENT: Yes.
DR. KRANZBUEHLER: I do not know whether my question has yet been answered or whether it has been made known to 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. KRANZBUEHLER: 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. KRANZBUEHLER: The name was read, Mr. President.
THE PRESIDENT: Very well; go on.
DR. KRANZBUEHLER: "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, on Page 2, the last sentence before the Number 1-
THE PRESIDENT: Which page are you on?
DR. KRANZBUEHLER: I am reading out of Document 1760.
THE PRESIDENT: Page what?
DR. KRANZBUEHLER: Page 2, last sentence before the Number 1.
THE PRESIDENT: Yes.
DR. KRANZBUEHLER: "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 every spoken with him. Court to state when and where he spoke to the defendant Doenitz.
THE PRESIDENT: The Tribunal has already ruled that the affidavit is admissible in evidence, that its purportive 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, and of course defendants will have the opportunity of giving evidence when their turn comes, when Admiral Doenitz, if he thinks it right, will be able to deny the statements of the affidavit.
DR. KRANZBUEHLER: Thank you.
MR. ALDERMAN: I want to call the Court's attention to a slight mistranslation into German of one sentence of the Messersmith affidavit. In the German translation the word "nicht" crept in when the negative was not in the English.
The English statement was: "I deemed it expedient to delay my return call for several weeks in order to make it clear to von Papen that I had no sympathy with and on the other hand was familiar with the objectives of his mission in Austria."
The German text contains the negative: "Und dass ich anderseits nicht mit seiner Berufung und Zielen in Oesterreich vertraut war." The "nicht" should not be in the German text. preparedness. The wiles of 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 at 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 -
THE PRESIDENT: One moment. The French translation isn't coming through.
MR. ALDERMAN: Apparently it is a mechanical difficulty and not the interpretation.
THE PRESIDENT: Will you try again then?
MR. ALDERMAN: I am informed that the French line is electrically dead and that it will take some little time to restore it.
THE PRESIDENT: We think it could be translated to the French members of the Tribunal, but we feel there may be some difficulty with the shorthand writers.
MR. ALDERMAN: That would be the main difficulty, yes, unless the she hand writer could take one of the transcripts in one of the other languages and put it into French.
THE PRESIDENT: Very well, that seems to be possible.
MR. ALDERMAN: The French Prosecutor may object at not being able to hear. object at not being able to understand the proceedings, but that the French press is present and he has an interest in the French press understanding what is going on.
THE PRESIDENT: Very well, we will adjourn then.
(Whereupon a short recess was taken.)
MR. ALDERMAN: I was just reading from the bottom of page 9 of the Messersmith affidavit:
"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 the 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 the 29th and 30th of 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 actively support the present Government and who are prepared closely to cooperate with it.
"When the next action against the Government takes place these 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 a t 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 the terror, one along the German frontier and the other along the Yugoslav frontier."
I now 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 undissolve 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 dame effects from reliable persons coming from Germany to Vienna who actually saw the Legion."