The Defendant Von Papen accordingly restricted his activities to the normal ambassadorial function of cultivating all respectable elements in Austria, and ingratiating himself in these circles. Despite his facade of strict nonintervention, Von Papen remained in contact with subversive elements in Austria. Thus in his report to Hitler, dated 17 May 1935, he advised concerning Austrian-Nazi strategy as proposed by Captain Leopold, leader of the illegal Austrian Nazis, the object of which was to trick Dr. Schuschnigg into establishing an Austrian coalition government with the Nazi Party. This is Document 2247-PS, Exhibit USA-64, and it is in the transcript at Pages 516 to 518 (Volume II, Pages 379, 380). It is on Page 34 of the English document book. I don’t want to read this letter again, but I would like to call the attention of the Tribunal to the first line of what appears as the second paragraph in the English text, where Von Papen, talking about this strategy of Captain Leopold, says, “I suggest that we take an active part in this game.”
I mention also in connection with the illegal organizations in Austria, Document 812-PS, Exhibit USA-61, which the Tribunal will remember was a report from Rainer to Bürckel, and which is dealt with in the transcript at Pages 498 to 505 (Volume II, Pages 367 to 376).
Eventually the agreement of 11 July 1936 between Germany and Austria was negotiated by Von Papen. This is already in evidence as Document TC-22, Exhibit GB-20. The public form of this agreement provides that while Austria in her policy should regard herself as a German state, yet Germany would recognize the full sovereignty of Austria and would not exercise direct or indirect influence on the inner political order of Austria. More interesting was the secret part of the agreement, revealed by Mr. Messersmith, which ensured the Nazis an influence in the Austrian Cabinet and participation in the political life of Austria. This has already been read into the transcript at Page 522 (Volume II, Page 383) by Mr. Alderman.
After the agreement the Defendant Von Papen continued to pursue his policy by maintaining contact with the illegal Nazis, by trying to influence appointments to strategic Cabinet positions, and by attempting to secure official recognition of Nazi front organizations. Reporting to Hitler on 1 September 1936, he summarized his program for normalizing Austrian-German relations in pursuance of the agreement of 11 July. This is Document 2246-PS, Exhibit USA-67, on Page 33 of the English document book.
The Tribunal will recall that he recommended “as a guiding principle, continued, patient, psychological manipulations with slowly intensified pressure directed at changing the regime.” Then he mentions his discussion with the illegal party and says that he is aiming at “cooperative representation of the movement in the Fatherland Front, but nevertheless is refraining from putting National Socialists in important positions for the time being.”
There is no need to go over again the events that led up to the meeting of Schuschnigg with Hitler in February 1938, which Von Papen arranged and which he attended, and to the final invasion of Austria in March 1938. It is enough if I quote from the biography again on Page 66 of the document book. It is about two-thirds of the way down the page:
“Following the events of March 1938, which caused Austria’s incorporation into the German Reich, Von Papen had the satisfaction of being present at the Führer’s side when the entry into Vienna took place, after the Führer, in recognition of his valuable collaboration, had on 14 February 1938, admitted him to the Party and had bestowed upon him the Golden Party Badge.”
And the biography continues:
“At first Von Papen retired to his estate Wallerfangen in the Saar district, but soon the Führer required his services again and on the 18 April 1939 appointed Von Papen German Ambassador in Ankara.”
Thus the fascination of serving Hitler triumphed once again, and this time it was at a date when the seizure of Czechoslovakia could have left no shadow of doubt in Papen’s mind that Hitler was determined to pursue his program of aggression.
One further quotation from the biography on Page 66, the last sentence of the last paragraph but one:
“After his return to the Reich”—that was in 1944—“Von Papen was awarded the Knight’s Cross of the War Merit Order with Swords.”
In conclusion, I draw the Tribunal’s attention again to the fulsome praises which Hitler publicly bestowed upon Von Papen for his services, especially in the earlier days. I have given two instances where Hitler said “His collaboration is infinitely valuable,” and again “You possess my most complete and unlimited confidence.”
Papen, the ex-Chancellor, the soldier, the respected Catholic, Papen the diplomat, Papen the man of breeding and culture—there was the man who could overcome the hostility and antipathy of those respectable elements who barred Hitler’s way. Papen was—to repeat the words of Sir Hartley Shawcross in his opening speech—“one of the men whose co-operation and support made the Nazi Government of Germany possible.”
That concludes my case. Sir David Maxwell-Fyfe will now follow with the case of Von Neurath.
SIR DAVID MAXWELL-FYFE: May it please the Tribunal, the presentation against the Defendant Von Neurath falls into five parts, and the first of these is concerned with the following positions and honors which he held.
He was a member of the Nazi Party from 30 January 1937 until 1945, and he was awarded the Golden Party Badge on 30 January 1937. He was general in the SS. He was personally appointed Gruppenführer by Hitler in September 1937 and promoted to Obergruppenführer on 21 June 1943. He was Reich Minister of Foreign Affairs under the Chancellorship of the Defendant Von Papen from 2 June 1932 and under the Chancellorship of Hitler from 30 January 1933 until he was replaced by the Defendant Von Ribbentrop on 4 February 1938. He was Reich Minister from 4 February 1938 until May 1945. He was President of the Secret Cabinet Council, to which he was appointed on 4 February 1938, and he was a member of the Reich Defense Council. He was appointed Reich Protector for Bohemia and Moravia from 18 March 1939 until he was replaced by the Defendant Frick on 25 August 1943.
He was awarded the Adler Order by Hitler at the time of his appointment as Reich Protector. The Defendant Ribbentrop was the only other German to receive this decoration.
If the Tribunal please, these facts are collected in Document 2973-PS, which is Exhibit USA-19, and in that document, which is signed by the defendant and his counsel, the defendant makes comments on certain of these matters with which I should like to deal.
He says that the award of the Golden Party Badge was made on 30 January 1937 against his will and without his being asked.
I point out that this defendant not only refrained from repudiating the allegedly unwanted honor, but after receiving it, attended meetings at which wars of aggression were planned, actively participated in the rape of Austria, and tyrannized Bohemia and Moravia.
The second point is that his appointment as Gruppenführer was also against his will and without his being asked. On that point, the Prosecution submits that the wearing of the uniform, the receipt of the further promotion to Obergruppenführer and the actions against Bohemia and Moravia must be considered when the defendant’s submission is examined.
He then says that his appointment as Foreign Minister was by Reich President Von Hindenburg. We submit we need not do more than draw attention to the personalities of the Defendant Von Papen and Hitler and to the fact that President Von Hindenburg died in 1934. This defendant continued as Foreign Minister until 1938.
He then says that he was an inactive Minister from the 4th of February 1938 until May 1945. At that moment attention is drawn to the activities which will be mentioned below and to the terrible evidence as to Bohemia and Moravia which will be forthcoming from our friend the Soviet prosecutor.
This defendant’s next point is that the Secret Cabinet Council never sat nor conferred.
I point out to the Tribunal that that was described as a select committee of the Cabinet for the deliberation of foreign affairs; and the Tribunal will find that description in Document 1774-PS, which I now put in