“The outrages were an almost constant occurrence, but there were three distinct periods during which they rose to a peak. During the first two of these periods, in mid-1933 and in early 1934, I was still in Berlin. However, during that period I was told by high Nazi officials in conversation with them, that these waves of terror were being instigated and directed by them. I found no concealment in my conversations with high Nazi officials of the fact that they were responsible for these activities in Austria. These admissions were entirely consistent with the Nazi thesis that terror is necessary and must be used to impose the will of the Party not only in Germany but in other countries. I recall specifically that General Milch was one of those who spoke frankly that these outrages in Austria were being directed by the Nazi Party, and expressed his concern with respect thereto and his disagreement with this definite policy of the Party.
“During the wave of terroristic acts in May and June 1934, I had already assumed my duties as American Minister in Vienna. The bomb outrages during this period were directed primarily at railways, tourist centers, and the Catholic Church, which latter, in the eyes of the Nazis, was one of the strongest organizations opposing them. I recall, however, that these outrages diminished markedly for a few days during the meeting of Hitler and Mussolini in Venice in mid-June 1934. At that time Mussolini was strongly supporting the Austrian Government and was strongly and deeply interested in maintaining Austrian independence and sovereignty, and in keeping down Nazi influence and activity in Austria. At that time also Hitler could not afford an open break with Mussolini and undoubtedly agreed to the short cessation of these bomb outrages on the insistence of Mussolini because he, Hitler, wished to achieve as favorable an atmosphere for the meeting between him and Mussolini as possible. The cessation of the bomb outrages during the Hitler-Mussolini conversations was considered by me and by the Austrian authorities and by all observers at that time as an open admission on the part of Hitler and the German Government that the outrages were systematically and completely instigated and controlled from Germany.”
Turning to Page 7 of the English version, following the line which reads, “Official dispatch from Vienna” dated July 26, 1934, I quote the following paragraph:
“In addition to these outrages, the Nazis attempted to bring pressure upon Austria by means of the ‘Austrian Legion’. This organization, a para-military force of several thousand men, was stationed near the Austrian border in Germany as a constant and direct threat of violent action against Austria. It was without any question sanctioned by the Nazi Government of Germany, as it could otherwise not have existed, and it was armed by them. It was made up of Austrian Nazis who had fled from Austria after committing various crimes in Austria, and by Austrians in Germany who were attracted by the idle life and pay given by the German authorities.”
These terroristic activities of the Nazis in Austria continued until July 25, 1934. It is a well-known historical fact of which I ask the Court to take judicial notice that on that day members of the NSDAP, the Nazi Party, attempted a revolutionary Putsch in Austria and killed Chancellor Dollfuss.
At this point I should like to invite your attention to the fact that the Indictment alleges in Count Four, Crimes against Humanity, Paragraph B on Page 26 of the English printed text, that the Nazis murdered amongst others Chancellor Dollfuss. I do not have available an official authenticated account of the details of that Putsch but I think that 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 seized the Federal Chancellery. Chancellor Dollfuss was wounded trying to escape, being shot twice at close quarters. The radio building 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. Rieth 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.
It is also a well-known historical fact that the German Government denied all complicity in this Putsch and in this assassination. Hitler removed Dr. Rieth 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.
This statement appears in a letter which Hitler sent to Defendant Papen on July 26, 1934. I shall offer that letter a little later.
Although the German Government denied any knowledge or complicity in 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 consideration, to review the extensive record in the trial of the Austrian Nazi Planetta and others who were convicted for the murder of Dollfuss. Similarly I have no intention of presenting to the Court the contents of the Austrian Braunbuch, issued after July 25. The Court will, I think, take judicial notice.