28 Nov. 45

That ends the quotation from the memorandum. I proceed with the next paragraph of the affidavit:

"The Austrian Legion was kept in readiness in Germany. Although it was taken back some miles further from the Austrian frontier, it remained undissolved in spite of the engagement which had been taken to dissolve it. The Austrian Government received positive information to this effect from time to time which it passed on to me and I had direct information to the same effect from reliable persons coming from Germany to Vienna who actually saw the Legion."

The fact of the reorganization of the Nazi Party in Austria is corroborated by a report of one of the Austrian Nazis.

I offer in evidence our Document Number 812-PS, as Exhibit USA-61. It contains three parts. First, there is a letter dated August 22, 1939 from Mr. Rainer, then Gauleiter at Salzburg, to the Defendant Seyss-Inquart, then Austrian Reich Minister. That letter encloses a letter dated July 6, 1939 written by Rainer to Reich Commissioner and Gauleiter Josef Bürckel.

DR. HANS LATERNSER: (Co-counsel for Defendant Seyss-Inquart): I object to the presentation of the letters contained in Document Number 812. Of course, I cannot object to the presentation, of this evidence to the extent that this evidence is to prove that these letters were actually written. However, if these letters are to serve as proof for the correctness of their contents, then I must object to the use of these letters, for the following reason: Particularly, the third document: It is a letter which, as is manifest from its contents, has a certain bias, for this reason, that in this letter it is explained to what extent the Austrian Nazi Party participated in the Anschluss.

It purports, further, to expose the leading role played by the Party group Rainer-Klausner.

From the bias that is manifest in the contents of this letter, this letter cannot serve as proof for the facts brought forth in it, particularly since the witness Rainer, who wrote this letter, is available as a witness. I have discovered he is at present in Nuremberg. I object to the use of this letter to the extent that it is to be used to prove the correctness of its contents, because the witness who can testify to that is at our disposal in Nuremberg.

THE PRESIDENT: The Tribunal will hear Mr. Alderman in answer to what has been said. The Tribunal has not yet read the letter.