28 Nov. 45

German Government, and had thus without reason dragged the German Reich into an internal Austrian affair in public sight.

This statement appears in a letter which Hitler sent to Defendant Papen on July 26, 1934. I shall offer that letter a little later.

Although the German Government denied any knowledge or complicity in this Putsch, we think there is ample basis for the conclusion that the German Nazis bear responsibility for these events. It is not my purpose, with respect to this somewhat minor consideration, to review the extensive record in the trial of the Austrian Nazi Planetta and others who were convicted for the murder of Dollfuss. Similarly I have no intention of presenting to the Court the contents of the Austrian Braunbuch issued after July 25. The Court will, I think, take judicial notice.

I should like, instead, to mention a few brief items which seem to us sufficient for the purpose. I quote again from our Exhibit Number 1760-PS, from the Messersmith affidavit, USA-57 on Page 7, the paragraph in the middle of the page:

"The events of the Putsch of July 25, 1934, are too well known for me to repeat them in this statement. I need say here only that there can be no doubt that the Putsch was ordered and organized by the Nazi officials from Germany through their organization in Austria made up of German Nazis and Austrian Nazis. Dr. Rieth, the German Minister in Vienna, was fully familiar with all that was going to happen and that was being planned. The German Legation was located directly across the street from the British Legation, and the Austrian secret police kept close watch on the persons who entered the German Legation. "The British had their own secret service in Vienna at the time, and they also kept a discreet surveillance over the people entering the German Legation. I was told by both British and Austrian officials that a number of men who were later found guilty by the Austrian courts of having been implicated in the Putsch had frequented the German Legation. In addition, I personally followed very closely the activities of Dr. Rieth, and I never doubted, on the basis of all my information, that Dr. Rieth was in close touch and constant touch with the Nazi agents in Austria, these agents being both German and Austrian. Dr. Rieth could not have been unfamiliar with the Putsch and the details in connection therewith. I recall, too, very definitely from my conversations with the highest officials of the Austrian Government after the Putsch their informing me that Dr. Rieth had been in touch with Von Rintelen, who, it had