28 Nov. 45
any purpose to incriminate the Defendant Seyss-Inquart that it is
being offered at this point.
DR. LATERNSER: May I add to my motion that the witness, Von
Schuschnigg, on 19 November 1945, was questioned in Nuremberg, and
that if an interrogation on 19 November was possible, then a short
time later--that is now--it ought to be possible to call him before
the Court, especially as the interrogation before this court is of
special importance.
THE PRESIDENT: The Tribunal will recess now to consider this
question.
[A recess was taken.]
THE PRESIDENT: The Tribunal has considered the
objection to the affidavit of Von Schuschnigg and upholds the
objection.
If the Prosecution desires to call Von Schuschnigg as a witness,
it can apply to do so. Equally if the Defense wishes to call Von
Schuschnigg as a witness, it can apply to do so. In the event Von
Schuschnigg is not able to be produced, the question of
affidavit-evidence by Von Schuschnigg being given will be
reconsidered.
MR. ALDERMAN: May it please the Tribunal, in view of the strategy
and tactics of the Nazis' concessions as indicated in the portion of
the Messersmith affidavit that I read, substantial concessions were
made by Austria to obtain Germany's diplomatic formal assurance of
Austrian independence and non-intervention in Austrian internal
affairs.
The release of imprisoned Nazis presented potential police
problems, and as Mr. Messersmith pointed out in a 1934 dispatch to
the United States State Department quoted on Pages 12 to 13 of his
affidavit:
"Any prospect that the National
Socialists might come to power would make it more difficult to obtain
effective police and judicial action against the Nazis for fear of
reprisals by the future Nazi Government against those taking action
against Nazis even in the line of duty. The preservation of internal
peace in Austria was less dependent upon Germany's living up to her
obligations under the accord."
Next, Germany's continuing program of weakening
the Austrian Government. In the pact of 11 July 1936 Germany agreed
not to influence directly or indirectly the internal affairs of
Austria, including the matter of Austrian National Socialism.
On 16 July 1936, just 5 days later, Hitler violated that
provision. I quote from Document 812-PS, which is Exhibit USA-61, the