“Special Instruction Number 1 to the Supreme Commander of the Armed Forces Number 427/38,”—with some symbols.—
“Directive for policy toward Czechoslovakian and Italian troops or militia units on Austrian soil.
“1. If Czechoslovakian troops or militia units are encountered in Austria they are to be regarded as hostile.
“2. The Italians are everywhere to be treated as friends, especially as Mussolini has declared himself disinterested in the solution of the Austrian question. The Chief of the Supreme Command of the Armed Forces, by order, Jodl.”
Next, the actual events of 11 March 1938 in Austria are available to us in two separate accounts. Although these accounts differ in some minor details, such as precise words used and precise times when they were used, they afford each other almost complete corroboration. We think it appropriate for this Tribunal to have before it a relatively full account of the way in which the German Government on 11 March 1938 deprived Austria of her sovereignty. First I shall give the report of the day’s events in Austria as given by the Austrian Nazis. I refer to Document 812-PS, Exhibit USA-61, a report from Gauleiter Rainer to Reich Commissioner Bürckel, and I shall read from Page 8 of the English version. For the benefit of the German interpreter I am starting following a tabulation: First case, second case, third case, and following the sentence, “Dr. Seyss-Inquart took part in these talks with the Gauleiter.”
“On Friday, 11 March, the Minister Glaise-Horstenau arrived in Vienna after a visit with the Führer. After talks with Seyss-Inquart he went to see the Chancellor. At 11:30 a.m. the Landesleitung had a meeting at which Klausner, Rainer, Globocnik, Jury, Seyss-Inquart, Glaise-Horstenau, Fischböck, and Mühlmann participated. Dr. Seyss-Inquart reported on his talks with Dr. Schuschnigg which had ended in a rejection of the proposal of the two ministers.
“In regard to Rainer’s proposal, Von Klausner ordered that the Government be presented with an ultimatum, expiring at 1400 hours, signed by legal political ‘front’ men, including both Ministers and also State Councillors Fishböck and Jury, for the establishment of a voting date in 3 weeks and a free and secret ballot in accordance with the constitution.
“On the basis of written evidence which Glaise-Horstenau had brought with him, a leaflet, to be printed in millions of copies, and a telegram to the Führer calling for help were prepared.
“Klausner placed the leadership of the final political actions in the hands of Rainer and Globocnik. Schuschnigg called a session of all ministers for 2 p.m. Rainer agreed with Seyss-Inquart that Rainer would send the telegram to the Führer and the statement to the population at 3 p.m. and at the same time he would start all necessary actions to take over power unless he received news from the session of the Ministers’ Council before that time. During this time all measures had been prepared. At 2:30 Seyss-Inquart telephoned Rainer and informed him that Schuschnigg had been unable to take the pressure and had recalled the plebiscite but that he refused to call a new plebiscite and had ordered the strongest police measures for maintaining order. Rainer asked whether the two Ministers had resigned, and Seyss-Inquart answered, ‘No.’ Rainer informed the Reichskanzlei through the German Embassy, and received an answer from Göring through the same channels, that the Führer will not consent to partial solutions and that Schuschnigg must resign. Seyss-Inquart was informed of this by Globocnik and Mühlmann. Talks were held between Seyss-Inquart and Schuschnigg. Schuschnigg resigned. Seyss-Inquart asked Rainer what measures the Party wished taken. Rainer’s answer: Reestablishment of the Government by Seyss-Inquart, legalization of the Party, and calling up of the SS and SA as auxiliaries to the police force. Seyss-Inquart promised to have these measures carried out, but very soon the announcement followed that everything might be threatened by the resistance of Miklas, the President. Meanwhile word arrived from the German Embassy that the Führer expected the establishment of a government under Seyss-Inquart with a national majority, the legalization of the Party, and permission for the Legion”—that is the Austrian Legion in Germany—“to return, all within the specified time of 7:30 p.m.; otherwise German troops would cross the border at 8 p.m. At 5 p.m. Rainer and Globocnik, accompanied by Mühlmann, went to the Chancellor’s office to carry out this errand.
“Situation: Miklas negotiated with Ender for the creation of a government which included Blacks, Reds, and National Socialists, and proposed the post of Vice-Chancellor to Seyss-Inquart. The latter rejected it and told Rainer that he was not able to negotiate by himself because he was personally involved, and therefore a weak and unfavorable political situation for the cause might result. Rainer negotiated with Zernatto. Director of the Cabinet Hüber, Guido Schmidt, Glaise-Horstenau, Legation Councillor Stein, Military Attaché General Muff, and the Gruppenführer Keppler,”—whose name I told you would reappear significantly—“who had arrived in the meantime, were already negotiating. At 7 p.m. Seyss-Inquart entered the negotiations again. Situation at 7:30 p.m.: Stubborn refusal of Miklas to appoint Seyss-Inquart as Chancellor; appeal to the world in case of a German invasion.