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)
COLONEL STOREY: Mr. President, if the Tribunal please, sir, supplementing what Mr. Alderman has said, we have had to adjust our presentation to some extent. Tomorrow morning, the witness will be offered for interrogation. Then Mr. Alderman on Monday and Sir Hartley Shallcross will make the opening statement for the British Empire on Tuesday morning.
The film this afternoon, at the request of the defendants' counsel, made in writing to the Court, has been exhibited to defendants' counsel day before yesterday evening in this court room. 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. 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 Reichsgestzblatt. 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 the opposition to any 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.
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. explaining its source and its authenticity. Commander James Donovan.
COMMANDER DONOVAN: 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, Lt. 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 film, a 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.
and death in nazi concentration camps, proper authentication of the films is contained in the affidavits of the United States Army and Navy officers to which I have referred. all defense counsel and they possess copies in their information room of the supporting affidavits duly translated.
(Whereupon, projection of the film was commenced. The affidavits as part of the aforesaid film.)
"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 official 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. 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 P. 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 Studies 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."
(Following the showing the aforementioned motion picture film, the following proceedings were had.)
COLONEL STOREY: That concludes the presentation.
(Whereupon, at 1630 hours the hearing of the Tribunal adjourned to reconvene on 30 November 1945 at 1000 hours.)
Military Tribunal, in the matter of:
THE PRESIDENT: I call on the Prosecutor for the United States.
JUSTICE JACKSON: Colonel Amen will represent the United States this morning.
COLONEL JOHN H. AMEN: 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 is dealing, Count One.
COLONEL AMEN: May I have a moment to discuss that with the Chief Counsel of the United States?
THE PRESIDENT: Yes, certainly.
DR. OTTO NELTE: Mr. President: so far as I know -
THE PRESIDENT: Could you state for whom you appear? Do you appear for the Defendant, Keitel?
DR. NELTE: Yes. between the Prosecution and the Defense, namely, an agreement that it should be said ahead of time, if possible, what was to be discussed on the following day. The obvious purpose of this reasonable understanding was, it appears to me, to give the Defense Counsel the possibility to discuss the questions with their clients, a nd thus expedite their progress of the trial.
I did not hear that today the witness, Lahousen, was to be summoned by the Prosecution.
Also, I did not hear what questions he was to be heard discussing. I believe, we were not to discuss questions, and the witness, Lahousen, was not to be heard regarding questions that have any connection with the address that the Prosecution delivered in the last few 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 to Count One, which has been solely discussed up to the present date.
DR. NELTE: Does Mr. President wide to say that the Defense, in order that it might have the possibility to subject the witness to cross examination, that the defense shall have the possibility, after interrogation by the Prosecution, shall have a moment to speak with the defendant, so that he shall know what questions are to be put to him? The witness, Lahousen, so far as I recall, has not been mentioned so far in the address 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 to the effect that what was to be discussed on the following day should be communicated to the Defendants' Counsel beforehand.
JUSTICE JACKSON: I know of no agreement to inform Defendants' Counsel of any witness, nor of his testimony; nor would I want to make such. There are security reasons involved in disclosing to Defendants' Counsel the names of witnesses, upon which I don't need to enlarge.
be given information as to the documentary matters, and I think that has been kept.
As to witnesses, however, a matter of policy arises. These witnesses are not always prisoners. They have to be treated in a somewhat different fashion than prisoners; and the protection of their security is a very important consideration, where we are trying this case in the very hotbed of the nazi organization with which some of Defense Counsel were identified.
THE PRESIDENT: I think, Mr. Justice Jackson, that that is sufficient. If you tell the Tribunal that there was no such agreement, the Tribunal, of course, will accept that.
JUSTICE JACKSON: I know of nothing of that character, relating to witnesses, that does apply to that. which the Court has just announced. Count One of the Indictment is a conspiracy count, covering the entire substantive part of the Indictment. There are problems, of course, of overlapping, which I had supposed have been worked out between the Prosecutors until this morning. It is impossible, trying a conspiracy case, to keep from mentioning the fact that the act, which was the object of the conspiracy, was performed. In fact, that is a part of the evidence of the conspiracy.
I know I don't need to enlarge upon the wide scope of evidence in a conspiracy case. I think, perhaps, the best way to do, is to swear the witness, and that the other Prosecutors, if they feel their field is being trespassed upon, or the judges, if they feel that we are exceeding, raise the objection specifically; because I don't know how we can separate, particularly on a moment's notice, Count One from the other counts. as between ourselves and the other Prosecutors, but we find it impossible always to please everybody. to suggest that we proceed. I don't know just what the bounds of the ruling might be, but I think the only way we can find out is to proceed, and have specific objections to the specific things, which anyone feels has transgressed; and in doing that, I want to say that we do it with the greatest respect to the ruling, but that we may find ourselves in conflict with it, because of the difficulty of any boundary on the subject.
THE PRESIDENT: Doctor Stahmer?
DOCTOR STAHMER (Counsel for Defendant Doenitz): Mr. President, I must return to the question raised by Doctor Nelte, namely his assertion that before the beginning of the trial the defense and the Prosecution reached an agreement that the next day's program should be stated to the defense on the day before. Such an agreement was actually reached, and I do not understand, I cannot understand, how this agreement has not reached the attention of the Prosecution. Such an agreement was actually reached, and I cannot understand that the Prosecution should not have been informed of it. by Doctor Kempner, our liaison man, it should be reached. I should therefore like to point out the following: Counsel could not be informed of the next day's proceedings, but we were already informed yesterday, -- informed about witnesses who were to be summoned today, that is to say, we were not informed, although this morning I was informed by representatives of the press of the fact that this witness would appear, and saw the statement in the newspaper. Subsequently the objection that such communication could not be made for security reasons does not hold water, and arouses perhaps unjustified distrust of the silence of the Prosecution. Nor is it true that we are receiving documents in time; we still receive those documents too late. Just this morning we received a document which is to be discussed today, and it was also given to us in a language which many of the defendants do not understand, namely, English. like the Tribunal to decide this matter as soon as it may.
THE PRESIDENT: Have you finished?
DOCTOR STAHMER: Yes.
JUSTICE JACKSON: It is quite correct that the name of the witness who is to be used today was given to the press. The question of our policy as to giving witnesses names was submitted to me last night after court recessed, because we had not been using witnesses heretofore; and I then stated to Colonel Storey that witnesses' names must not be given to the Defense Counsel for security reasons.