The fourth allegation against Papen is that he participated in the political planning and preparations for wars of aggression and wars in violation of international treaties. In Papen’s case this allegation is really the story of the Anschluss. His part in that was a preparation for wars of aggression in two senses: First, that the Anschluss was the necessary preliminary step to all the subsequent armed aggressions; second, that, even if it can be contended that the Anschluss was in fact achieved without aggression, it was planned in such a way that it would have been achieved by aggression if that had been necessary.

I need do no more than summarize Papen’s Austrian activities since the whole story of the Anschluss has been described to the Tribunal already, though with the Tribunal’s permission I would like to read again two short passages of a particularly personal nature regarding Papen. But before I deal with Papen’s activities in Austria there is one matter that I feel I ought not to omit to mention to the Tribunal.

On the 18th of June 1934 Papen made his remarkable speech at Marburg University. I do not propose to put it in evidence, nor is it in the document book, because it is a matter of history and in what I say I do not intend to commit myself in regard to the motives and consequences of his speech which are not free from mystery; but I will say this: That as far as concerns the subject matter of Papen’s Marburg speech, it was an outspoken criticism of the Nazis. One must imagine that the Nazis were furiously angry; and although he escaped death in the Blood Purge 12 days later, he was put under arrest for 3 days. Whether this arrest was originally intended to end in execution or whether it was to protect him from the purge as one too valuable to be lost, I do not now inquire. After his release from arrest he not unnaturally resigned the Vice Chancellorship. Now the question that arises—and this is why I mention the matter at this point—is why, after these barbaric events, did he ever go back into the service of the Nazis again? What an opportunity missed! If he had stopped then he might have saved the world much suffering. Suppose that Hitler’s own Vice Chancellor, just released from arrest, had defied the Nazis and told the world the truth. There might never have been a reoccupation of the Rhineland; there might never have been a war. But I must not speculate. The lamentable fact is that he slipped back, he succumbed again to the fascination of Hitler.

After the murder of Chancellor Dollfuss only 3 weeks later, on 25 July 1934, the situation was such as to call for the removal of the German Minister Rieth and for the prompt substitution of a man who was an enthusiast for the Anschluss with Germany, who could be tolerant of Nazi objectives and methods but who could lend an aura of respectability to official German representation in Vienna. This situation is described in the transcript at Pages 478 and 479 (Volume II, Pages 355, 356). Hitler’s reaction to the murder of Dollfuss was immediate. He chose his man as soon as he heard the news. The very next day, the 26th of July, he sent Von Papen a letter of appointment. This is on Page 37 of the English document book; it is document 2799-PS and it has already been judicially noticed by the Tribunal. Mr. Alderman read the letter, and I only wish to refer to the personal remarks toward the end. Hitler in this letter, after reciting his version of the Dollfuss affair and expressing his desire that Austrian-German relations should be brought again into normal and friendly channels, says in the third paragraph:

“For this reason I request you, dear Herr Von Papen, to take over this important task just because you have possessed and continue to possess my most complete and unlimited confidence ever since our collaboration in the Cabinet.”

And the last paragraph of the letter:

“Thanking you again today for all that you once have done for the co-ordination of the Government of the National Revolution and since then, together with us, for Germany . . . .”

THE PRESIDENT: This might be a good time to break off for 10 minutes.

[A recess was taken.]

MAJOR BARRINGTON: My Lord, I had just read from the letter of appointment as Minister in Vienna which Hitler sent to Von Papen on the 26th of July 1934. This letter, which, of course, was made public, naturally did not disclose the real intention of Von Papen’s appointment. The actual mission of Von Papen was frankly stated shortly after his arrival in Vienna in the course of a private conversation he had with the American Minister, Mr. Messersmith. I quote from Mr. Messersmith’s affidavit, which is Document 1760-PS, Exhibit USA-57, and it is on Page 22 of the document book, just about half way through the second paragraph. Mr. Messersmith said: