28 Nov. 45

"(1) Appoint a number of individuals enjoying the Chancellor's confidence but friendly to Germany, to positions in the Cabinet; (2) with the devised means to give the national opposition a role in the political life of Austria within the framework of the Patriotic Front; and (3) with amnesty for all Nazis, save those convicted of the most serious offenses."

This amnesty was duly announced by the Austrian Government and thousands of Nazis were released, and the first penetration of Deutsch-National into the Austrian Government was accomplished by the appointment of Dr. Guido Schmidt as Secretary of State for Foreign Affairs and Dr. Edmund Glaise-Horstenau as Minister without portfolio.

I now offer in evidence Document 2994-PS, which is an affidavit by Kurt von Schuschnigg, Foreign Chancellor of Austria, executed at Nuremberg, Germany, on 19 November 1945. I offer this as Exhibit USA-66. The defendants have received German translations of that evidence.

DR. LATERNSER: In the name of the accused, Seyss-Inquart, I wish to protest against the presentation of written evidence by the witness Von Schuschnigg for the following reasons: Today, when a resolution was announced, with respect to the use to be made of the written evidence of Mr. Messersmith, the Court was of the opinion that in a case of very great importance it might possibly take a different view of the matter. With respect to the Austrian conflict this is the case, since Schuschnigg is the most important witness, the witness who was affected at the time in his position as Federal Chancellor. In the case of such an important witness, the principle of direct evidence must be adhered to, in order that the Court be in a position to ascertain the actual truth in this case. The accused and his defense counsel would feel prejudiced in his rights granted by the Charter, should direct evidence be circumvented. I must, therefore, uphold my viewpoint since it can be assumed that the witness Von Schuschnigg will be able to confirm certain facts which are in favor of the accused Seyss-Inquart.

I therefore make the motion to the Court that the written evidence of the witness Von Schuschnigg be not admitted.

THE PRESIDENT: If you have finished, the Tribunal will hear Mr. Alderman.

MR. ALDERMAN: May it please the Tribunal, at this point I am simply proposing to offer this affidavit for the purpose of showing the terms of the secret understanding between the German and Austrian Governments in connection with this accord. It is not for