28 Nov. 45
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 pare-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