DR. VON LÜDINGHAUSEN: Mr. President, I must under any circumstances object to this type of suggestive question. It is not permissible to put such a question to the witness without giving him the complete picture of how this assurance was given. The fact is, and it is correct, that in the speech of 5 November 1937, Hitler for the first time developed plans which were no longer in accord with the peace policy of Herr Von Neurath, and Von Neurath took the opportunity—I believe in December or early in January—to discuss this thoroughly with Hitler and point out to him the impossibility of the policy which he apparently wanted to embark upon and to persuade him not to carry it out. When from Hitler’s reply he was forced to the conclusion that Hitler would nevertheless insist on this policy which would lead to aggression in the future he submitted his resignation. On 4 February 1938 Herr Von Neurath was permitted to resign. He no longer participated in active politics.
On 11 or 12 March, when the invasion of Austria took place, an invasion of which Herr Von Neurath had no inkling until that day, Hitler called him...
THE PRESIDENT: Dr. Lüdinghausen, will you kindly wait? The question was put about the 5th of March 1938, whether a man who had heard the conference of the 5th of November 1937 could have given the assurance of the 5th of March.
DR. VON LÜDINGHAUSEN: Yes, I can also clarify that statement, if I may. The question put by Minister Mastny was whether any military action against Czechoslovakia was intended immediately or soon after the invasion of Austria, and Herr Von Neurath believed that he could, honestly and as a gentleman, answer this question in the negative.
We have to take into consideration the circumstances under which this statement was made. First, Hitler, in his speech of 5 November 1937, spoke of the years to come. When he marched into Austria on 12 March, that is at a time which from 5 March...
THE PRESIDENT: Just one moment. We do not want to have all this argument. The question was what was this witness’ opinion of a man who had done that. That was all the question that was asked, and that question is put to credit...
DR. VON LÜDINGHAUSEN: Mr. President, I beg your pardon; no one can answer that question unless he knows in what connection it was put. Mr. Mastny asked whether the march into Austria would entail any aggressive action against Czechoslovakia and Von Neurath answered that question. No more and no less. He did not want to give an answer regarding the future. The Minister wanted to know whether in connection with the march of the German troops into Austria any military actions against Czechoslovakia were intended. According to the information which my client had, he could in the given situation answer this question in the negative with a clear conscience. This question is admissible only if the witness is informed about what I have just said. The point is not that he declared once and for all Germany will never march into Czechoslovakia, but that he merely answered the Czech Minister Mastny’s question: Is there any danger that in connection with the march into Austria, military measures will also be taken against Czechoslovakia? This question he could answer the way he did. Therefore, the question in the form in which it was put by the British Prosecution is in my opinion not admissible.
THE PRESIDENT: The Tribunal thinks the question properly admissible.
LT. COL. GRIFFITH-JONES: Well, we will not pursue the matter. I ask you just this one further question, so that I make myself quite clear. You said in your evidence, as I wrote it down, that the Defendant Von Neurath was well thought of, dignified and of noble character. Having heard what I have told you, are you still prepared to tell the Court that you think he is well thought of, dignified, and of noble character? Is that your opinion now? I just want to get the value of your evidence; do you see? After what you have been told is that your opinion?
STRÖLIN: It is still my opinion that Herr Von Neurath is a man of distinguished and decent character. I cannot judge under what circumstances he acted at the time and what considerations prompted him to act this way.