28 Nov. 45

The continued existence of Nazi organizations was a program of armed preparedness. The wiles of the Defendant Von Papen represented only one part of the total program of Nazi conspiracy. At the same time Nazi activities in Austria, forced underground during this period, were carried on.

Mr. Messersmith's affidavit on Pages 9 and 10, the English text, discloses the following. Reading from the last main paragraph on Page 9:

"Nazi activities, forced underground in this period, were by no means neglected. The Party was greatly weakened for a time as a result of the energetic measures taken against the Putsch and as a result of public indignation. Reorganization work was soon begun. In October 1934 the Austrian Foreign Minister, Berger-Waldenegg, furnished me the following ' memorandum, which he told me had been supplied to the Austrian Government by a person who participated in the meeting under reference."

I quote the first paragraph of the memorandum:

" A meeting of the chiefs of the Austrian National Socialist Party was held on 29 and 30 September 1934, at Bad Aibling in Bavaria."

Then, skipping four paragraphs and resuming on the fifth one:

"The Agents of the Party Direction in Germany have received orders in every Austrian district to prepare lists of all those persons who are known to support actively the present Government and who are prepared closely to cooperate with it.

"When the next action against the Government takes place those persons are to be proceeded against just as brutally as against all those other persons, without distinction of party, who are known to be adversaries of National Socialism.

"In a report of the Party leaders for Austria the following principles have been emphasized:

"A. The taking over of the power in Austria remains the principal duty of the Austrian National Socialist Party. Austria has for the German Reich a much greater significance and value than the Saar. The Austrian problem is the problem. All combat methods are consecrated by the end which they are to serve.

"B. We must, on every occasion which presents itself, appear to be disposed to negotiate, but arm at the same time for the struggle. The new phase of the struggle will be particularly serious and there will be this time two centers of terror, one along the German frontier and the other along the Yugoslav frontier."