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MR. ALDERMAN: May it please the Tribunal, an hour later, following
the conversation between Goering and Seyss-Inquart, with which I
dealt this morning, the defendant Goering telephoned to Dombrowski
in the German Embassy in Vienna. I refer to the telephone
conversation marked TT on page 2, Part C, of document 2949-PS. In
that conversation, in the first place, the defendant Goering
showed concern that the Nazi Party and all of its organisations
should be definitely legalised promptly. I quote from page 2 of
the transcript:-

   "Goering: Now to go on, the Party has definitely been
   Dombrowski: But that is ... it isn't necessary to even discuss
   Goering: With all of its organisations.
   Dombrowski: With all of its organisations within this country.
   Goering: In uniform?
   Dombrowski: In uniform.
   Goering: Good."

Dombrowski calls attention to the fact that the SA and SS have
already been on duty for half ail hour, which means everything is
all right.

In addition Goering stated that the Cabinet, the Austrian Cabinet,
must be formed by 7.30 p.m., and he transmitted instructions to be
delivered to Seyss-Inquart as to who should be appointed to the
Cabinet. I quote from page 3 of the English text of the transcript
of the conversation:-

   "Goering: Yes, and by 7.30 he also must talk with the Fuehrer,
   and as to the Cabinet, Keppler will bring you the names. One
   thing I have forgotten. Fishbock must have the Department of
   Economy and Commerce.
   Dombrowski: That is understood.
   Goering: Kaltenbrunner is to have the Department of Security,
   and Bahr is to have the Armed Forces. The Austrian Army is to
   be taken by Seyss-Inquart, and you know all about the Justice
   Dombrowski: Yes, yes.
   Goering: Give me the name.
   Dombrowski: Well, your brother-in-law, isn't that right?"
(That is, Subert, the brother-in-law of the defendant Goering.)
   "Goering: Yes.
   Dombrowski: Yes.
   Goering; That's right, and then also Fishbock."

                                                        [Page 256]

And about twenty minutes later, at 5.26 p.m., Goering was given
the news that Miklas, the President, was refusing to appoint Seyss-
Inquart as Chancellor, and he issued instructions as to the
ultimatum that was to be delivered to Miklas. I quote from the
telephone conversation between Goering and Seyss-Inquart, in Part
E of the folder, the part marked with capital R, pages 1 and 2 of
Part E. I'm sorry, I thought the interpreters had the letter
marked. They have not, I understand.

   "Goering: Now remember the following: You go immediately
   together with Lt.-General Muff and tell the Federal President
   that if the conditions which are known to you are not accepted
   immediately, the troops who are already stationed at and
   advancing to the frontier will march in to-night along the
   whole line, and Austria will cease to exist. Lt.-General Muff
   should go with you and demand to be admitted for conference
   immediately. Please do inform us immediately about Miklas'
   position. Tell him there is no time now for any joke. Just
   through the false report we received before, action was
   delayed, but now the situation is that to-night the invasion
   will begin from all the corners of Austria. The invasion will
   be stopped, and the troops will be field at the border, only
   if we are informed by 7.30 that Miklas has entrusted you with
   the Federal Chancellorship." There follows in the transcript a
   sentence which is broken up. "M," - I suppose that means Lt.
   General Muff - "does not matter whatever it might be, the
   immediate restoration of the Party with all its
   organisations." There is again an interruption in the
   transcript. "And then call out all the National Socialists all
   over the country. They should now be in the streets; so
   remember report must be given by 7.30. Lt.-General Muff is
   supposed to come along with you. I shall inform him
   immediately. If Miklas could not understand it in four hours,
   we shall make him understand it now in four minutes."

An hour later, at 6.20 p.m., Goering had an extensively
interrupted telephone conversation with Keppler and Muff and Seyss-
Inquart. When he told Keppler that Miklas had refused to appoint
Seyss-Inquart, Goering said - I read from Part H - it is about a
third of the way down on the page.

   "Goering: Well, then Seyss-Inquart has to dismiss him. Just go
   upstairs again and just tell him plainly that Seyss-Inquart
   (S.I.) shall call on the National-Socialists guard, and in
   five minutes the troops will march in by my order."

After an interruption, Seyss-Inquart came to the telephone and
informed the defendant Goering that Miklas was still sticking to
his old view, although a new person had gone in to talk to him,
and there might be definite word in about ten minutes. The
conversation proceeded as follows: I quote from page 2 of Part H,
beginning about the middle of the page:-

   "Goering: Listen, I shall wait a few more minutes, till he
   comes back; then you inform me via Blitz conversation in the
   Reich Chancellery as usually, but it has to be done fast. I
   hardly can justify it as a matter of fact. I am not entitled
   to do so; if it can not be done, then you have to take over
   the power, all right?
   Seyss-Inquart: But if he threatens?
   Goering: Yes.
   Seyss-Inquart: Well, I see; then we shall be ready.
   Goering: Call me via Blitz."

In other words, Goering and Seyss-Inquart had agreed on a plan for
Seyss-Inquart to take over power if Miklas remained obdurate. The
plan which was already discussed involved the use of both the
National Socialist forces in Austria and the German troops who bad
been crossing the borders. Later that night Goering and Seyss-
Inquart had another conversation at about 11 o'clock. This was
after the ultimatum had expired. Seyss-Inquart informed Goering
that Miklas was still refusing to name Seyss-Inquart as
Chancellor. The conversation then proceeded as follows, and I
quote from Part 1 of this folder:-

   "Goering: O.K." What's the German word for O.K.? Schon. "I
   shall give the order to march in and then you make sure you
   get the power. Notify
                                                        [Page 257]
   the leading people about the following which I shall tell you
   now: Everyone who offers resistance or organises resistance
   will immediately be subjected to our court-martial, the court-
   martial of our invading troops. Is that clear?
   Seyss-Inquart: Yes.
   Goering: Including leading personalities; it does not make any
   Seyss-Inquart: Yes, they have given the order not to offer any
   Goering: Yes, it does not matter; the Federal President did
   not authorise you and that also can be considered as
   Seyss-Inquart  Yes.
   Goering: Well, now you are officially authorised.
   Seyss-Inquart Yes.
   Goering: Well, good luck, Heil Hitler."

I'm sorry; that conversation took place at 8 o'clock not 11. I
meant to say 8 o'clock. It is quite interesting to me that when
the defendant Goering was planning to invade a peaceful
neighbouring State, he planned to try those whom he referred to as
major war criminals, the leading personalities, before a German

So much for the conversation with respect to the plan of action
for taking over power. Then something very significant was sent on
that subject over the telephone, at least so far as those
transcripts indicate. But there was another historical event which
was discussed over the telephone. I refer to the famous telegram
which Seyss-Inquart sent to the German Government, requesting the
German Government to send troops into Austria to help Seyss-
Inquart put down disorder. A conversation held at 8.48 that night
between Goering and Keppler proceeded as follows: I read from page
1 of Part L:-

   "Goering: Well, I do not know yet. Listen, the main thing is
   that if Inquart takes over all powers of government he keeps
   the radio stations occupied.
   Keppler: Well, we represent the Government now.
   Goering: Yes, that's it. You are the Government. Listen
   carefully. The following telegram should be sent here by Seyss-
   Inquart. Take the notes: "The provisional Austrian Government
   which, after the dismissal of the Schuschnigg Government,
   considered it its task to establish police and order in
   Austria, send to the German Government the urgent request to
   support it in its task to help it to prevent bloodshed. For
   this purpose, it asks the German Government to send German
   troops as soon as possible."
   Keppler: Well, SA and SS are marching through the streets, but
   everything is quiet."

THE PRESIDENT: Did you say "quiet"?


THE PRESIDENT: In my copy, it is "quick."

MR. ALDERMAN: That is a typographical error. It is "Quiet."



   "Everything has collapsed with the professional groups. Now
   let us talk about sending German troops to put down disorder."
   The SA and the SS were marching in the streets, but everything
   was quiet. And a few minutes later, the conversation continued
   thus, reading from page 2 of Part L:-
   Goering: Then our troops will cross the border to-day.
   Keppler: Yes.
   Goering: Good, he should send the telegram as soon as
   Keppler: Well, send the telegram to Seyss-Inquart in the
   office of the Federal Chancellor.
   Goering: Please show him the text of the telegram and do tell
   him that we are asking him - well, he doesn't even need to
   send the telegram. All he needs to do is to say, 'Agreed.'
   Keppler: Yes.
                                                        [Page 258]
   Goering: He doesn't know me at the Fuehrer's or at my place.
   Well, good luck. Heil Hitler."

Of course, he didn't need to send the telegram because Goering
wrote the telegram. He already had it. It must be recalled that in
the first conversation, Part A, held at 3.5 p.m., Goering had
requested Seyss-Inquart to send the telegram agreed upon, but now
the matter was so urgent that he discussed the direct wording of
the telegram over the telephone. And an hour later, at 9.54 p.m. a
conversation between Dr. Dietrich in Berlin and Keppler in Vienna
went on as follows, reading from Part M:-

   "Dietrich: I need the telegram urgently.
   Keppler: Tell the General Field Marshal that Seyss-Inquart
   Dietrich: This is marvellous. Thank you.
   Keppler: Listen to the radio. News will be given.
   Dietrich: Where?
   Keppler: From Vienna.
   Dietrich: So Seyss-Inquart agrees?
   Keppler: Jawohl."

Next the actual order to invade Austria. Communications in Austria
were now suspended but the German military machine had been set in
motion. To demonstrate that, I now offer in evidence captured
document C-182, offered as exhibit USA 77, a directive of 11th
March, 1938, at 2045 hours, from Supreme Commander of the Armed
Forces. This directive, initialled by General Jodl and signed by
Hitler, orders the invasion of Austria in view of its failure to
comply with the German ultimatum. The directive reads.-

   "Top secret. Berlin, 11th March, 1938, 2045 hours. Supreme
   Commander of the Armed Forces, OKW," with symbols. 35 copies,
   6th copy. C-in-C. Navy (pencil note) has been informed. Re:
   Operation Otto. Directive No. 2."
   (1) The demands of the German ultimatum to the Austrian
   Government have not been fulfilled.
   (2) The Austrian Armed Forces have been ordered to withdraw in
   front of the entry of German troops and to avoid fighting.
   The Austrian Government has ceased to function of its own
   (3) To avoid further bloodshed in Austrian towns, the entry of
   the German Armed Forces into Austria will commence, according
   to directive No. 1, at day-break on 12.3.
   I expect the set objectives to be reached by exerting all
   forces to the full as quickly as possible. Signed Adolf
   Hitler. Initialled by Jodl and by a name that looks like

And then some interesting communications with Rome, to avoid
possibility of disaster from that quarter. At the very time that
Hitler and Goering had embarked on this military undertaking they
still had a question mark in. their minds, and that was Italy.
Italy had massed on the Italian border in 1934 on the occasion of
25th July, 1934, the putsch, Italy had traditionally been the
political protector of Austria.

With what a sigh of relief did Hitler hear at 1O.25 p.m. that
night from Prince Phillipp von Hessen, his Ambassador at Rome,
that he had just come back from the Palazzo Venezia, where
Mussolini had accepted the whole thing in a very friendly manner.
The situation can really be grasped by the reading of the
conversation. The record of the conversation shows the excitement
under which Hitler was operating when he spoke over the phone. It
is a short conversation, and I shall read the first half of it
from Part "N" of the transcript of document 2949-PS. I'm afraid
Part "N" may be blurred on the mimeographed copy. "H" is Hessen
and "F" is the Fuehrer.

   "Hessen: I have just come back from Palazzo Venezia. The Duce
   accepted the whole thing in a very friendly manner. He sends
   you his regards. He had been informed from Austria, von
   Schuschnigg gave him the news. He had then
                                                        [Page 259]
   said it would be a complete impossibility; it would be a
   bluff; such a thing could not be done. So be was told that it
   was unfortunately arranged thus, and it could not be changed
   any more. Then Mussolini said that Austria would be immaterial
   to him."
   Hitler: Then please tell Mussolini I will never forget him for
   Hessen: Yes.
   Hitler: Never, never, never, whatever happens. I am still
   ready to make a quite different agreement with him.
   Hessen: Yes, I told him that, too.
   Hitler: As soon as the Austrian affair has been settled, I
   shall be ready to go with him through thick and thin; nothing
   Hessen: Yes, my Fuehrer.
   Hitler: Listen, I shall make any agreement - I am no longer in
   fear of the terrible position which would have existed
   militarily in case we had become involved in a conflict. You
   may tell him that I do thank him ever so much, never, never
   shall I forget that.
   Hessen: Yes, my Fuehrer.
   Hitler: I will never forget it, whatever will happen. If he
   should ever need any help or be in any danger, he can be
   convinced that I shall stick to him whatever might happen,
   even if the whole world were against him.
   Hessen: Yes, my Fuehrer.

The Tribunal will recall the reference in Jodl's diary to the
letter which Hitler had sent to Mussolini. It is dated 11th March.
It may be found in the official publication "Dokumente der
Deutschen Politik," Volume 6, 1, page 135, number 24A. I ask the
Court to take judicial notice of it and you will find a
translation of it appearing in our document 2510-PS. In this
letter, after stating that Austria had been declining into
anarchy, Hitler wrote - and I quote:-

   "I have decided to re-establish order in my fatherland - order
   and tranquillity - and to give to the popular will the
   possibility of settling its own faith in unmistakable fashion
   openly and by its own decision."

He stated that this was an act of self-defence; that he had no
hostile intentions towards Italy. And after the invasion, when
Hitler was at Linz, Austria, he communicated his gratitude to
Mussolini once more, in the famous telegram which the world so
well remembers. I again cite Dokumente der Deutschen Politik,
Volume 6, page 145, number 29, the translation of the telegram
being in our document 2467-PS, and the document reads:-

   "Mussolini, I shall never forget you for this."

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