28 Nov. 45

leitung Munich was dissolved, and the Party in Austria was left to its own resources.

"There was no acknowledged leader for the entire Party in Austria. New readerships were forming in the new Gaue. The process was again and again interrupted by the interference of the police; there was no liaison between the formations, and frequently there were two, three, or more rival readerships. The first evident, acknowledged speaker of almost all the Gaue in Autumn 1934 was Engineer Reinthaler (already appointed Landesbauernführer, leader of the country's farmers, by Hess). He endeavored to bring about a political appeasement by negotiations with the Government with the purpose of giving the NSDAP legal status again, thus permitting its political activities. Simultaneously, Reinthaler started the reconstruction of the illegal political organization at the head of which he had placed Engineer Neubacher."

Next we have secret contacts between German officials, including the Defendant Von Papen, and the Austrian Nazis; the use by the Austrian Nazis of front personalities.

There are two cardinal factors concerning the Nazi organization in Austria which should be borne in mind.

First, although the Führer had, on the surface, cast the Austrian Nazis adrift--as indicated in the document I have just read--in fact, as we shall show, German officials, including Von Papen, maintained secret contact with the Austrian Nazis in line with Hitler's desires. German officials consulted and gave advice and support to the organization of the Austrian Nazis.

In the second place, the Austrian Nazis remained an illegal organization in Austria, organizing for the eventual use of force in a so-called emergency. But in the meantime they deemed it expedient to act behind front personalities, such as the Defendant Seyss-Inquart, who had no apparent taint of illegality in his status in Austria.

Mr. Messersmith relates, in his affidavit, that he got hold of a copy of a document outlining this Nazi program. I quote from Page 8 of Document 1760-PS, USA-57, the following:

"For 2 years following the failure of the July 25 Putsch, the Nazis remained relatively quiet in Austria. Very few terroristic acts occurred during the remainder of 1934 and, as I recall, in 1935 and most of 1936, this inactivity was in accordance with directives from Berlin, as direct evidence to that effect which came to my knowledge at that time, proved. Early in January the Austrian Foreign Minister Berger-