28 Nov. 45
That ends the quotation from the memorandum. I proceed with the
next paragraph of the affidavit:
"The Austrian Legion was kept in
readiness in Germany. Although it was taken back some miles further
from the Austrian frontier, it remained undissolved in spite of the
engagement which had been taken to dissolve it. The Austrian
Government received positive information to this effect from time to
time which it passed on to me and I had direct information to the
same effect from reliable persons coming from Germany to Vienna who
actually saw the Legion."
The fact of the reorganization of the Nazi Party in Austria is
corroborated by a report of one of the Austrian Nazis.
I offer in evidence our Document Number 812-PS, as Exhibit
USA-61. It contains three parts. First, there is a letter dated
August 22, 1939 from Mr. Rainer, then Gauleiter at Salzburg, to the
Defendant Seyss-Inquart, then Austrian Reich Minister. That letter
encloses a letter dated July 6, 1939 written by Rainer to Reich
Commissioner and Gauleiter Josef Bürckel.
DR. HANS LATERNSER: (Co-counsel for Defendant Seyss-Inquart): I
object to the presentation of the letters contained in Document
Number 812. Of course, I cannot object to the presentation, of this
evidence to the extent that this evidence is to prove that these
letters were actually written. However, if these letters are to serve
as proof for the correctness of their contents, then I must object to
the use of these letters, for the following reason: Particularly, the
third document: It is a letter which, as is manifest from its
contents, has a certain bias, for this reason, that in this letter it
is explained to what extent the Austrian Nazi Party participated in
the Anschluss.
It purports, further, to expose the leading role played by the
Party group Rainer-Klausner.
From the bias that is manifest in the contents of this letter,
this letter cannot serve as proof for the facts brought forth in it,
particularly since the witness Rainer, who wrote this letter, is
available as a witness. I have discovered he is at present in
Nuremberg. I object to the use of this letter to the extent that it
is to be used to prove the correctness of its contents, because the
witness who can testify to that is at our disposal in Nuremberg.
THE PRESIDENT: The Tribunal will hear Mr. Alderman in answer to
what has been said. The Tribunal has not yet read the letter.