Doubts That Prosecution’s Case Fully Prepared

Manawatu Times, Volume 70, Issue 283, 30 November 1945, Page 5

Doubts That Prosecution’s Case Fully Prepared

One of Nuremberg Prosecutors Intends to Resign Conspiracy to Annex Austria Outlined at Trial United Press Assn.— By Electric Telegraph.—Copyright. Received Thursday, 8.40 p.m. LONDON, Nov. 29. Coincident with feelings expressed by some observers that the prosecution’s case against the major war criminals has not been completely prepared, comes the announcement that Major-General (‘‘Wild Bill”) Donevan yesterday informed Mr. Justice Jackson of his intention of resigning from the prosecutor’s staff. This is reported by Reuter’s Nuremberg correspondent, who adds that observers emphasise that there is no clear trend in the prosecution’s case and no firm dividing line between what evidence is to be presented by each of the prosecuting teams. The Associated Press’ correspondent at Nuremberg says that of the 20 defendants Goering is the most prolific scribbler of indignant notes to his counsel. Here are some of his comments on the prosecution’s points:—

Violation of the Versailles Treaty restrictions: ‘‘The dWeimar Government did nothing about it and it was about time someone did.”

On the German military spirit: ‘‘Patriotism in America they call Chauvinism in Germany. Militarism in Germany is soldierliness in France.”

On German arrogance: “What is arrogance by us is called pride by them. ’ ’

•‘ln tfie story of Austria we see tbs first flower of wbat we call tbe Fifth Column,” said Mr. Alderman, of tbe American prosecution team, when outlining tbe conspiracy to annex Austria at tbe war crimes trial. Heavy rain was falling as the seventh session began and only a glimmer of grey light showed through curtained windows of the conrtroom.

defence, Schuschnigg’s affidavit being introduced as evidence. If the prosecution, or the defence, wanted to call Schuschnigg as a witness they were at liberty to do so, and if it was found impossible to obtain him as a witness the tribunal would consider the admissibility of his affidavit. Lord Justice Lawrence said.

Extra guards were posted around the dock, but withdrew after a time. More arc lights and brighter than ever beat down on the dock in which six of the accused were wearing dark glasses. A four-panel chart showing how the German occupation of Austria led to open war was prominently displayed on the wall. Mr. Alderman said the acquisition of Austria had been the Nazi aim from 1933. He read an affidavit by Mr. G. S. Messersmlth, an American diplomat formerly stationed in Berlin and Vienna and now United States Ambassador to Mexico.

The tribunal rejected Ribbentrop’s request that Lord Vansittart, Lord Beaverbrook, Lord Kemsley, and Lord Londonderry should be subpoenaed as witnesses. The tribunal granted Ribbentrop's request for the German White Papers issued during his Foreign Secretaryship.

He said that the Ambassador, who is 70 years old, should be spared the long journey to testify personally. The defence objection to his affidavit was overruled. Lord Justice Lawrence said the tribunal was not bound by the ordinary rules of evidence, but if the Court later decided that the presence of the witness was necessary he could summon Mr. Messersmlth. CONTINUOUS PRESSURE. The affidavit staled that when he was in Vienna, Dr. Dollfuss, Dr. Schuschnigg, and President Mlfclas told him that the Nazis were applying continuous pressure to gain places in the Cabinet after which they intended to crush all opposition from inside. The Nazis resorted to economic pressure, propaganda, and terroristic acts to compel the Austrian Government to accept their terms. Nazi officials in Berlin told him that the outrages were instigated and directed by them. When Hitler visited Mussolini at Venice in the middle of June, 1834, the outrages momentarily stopped, as Mussolini was supporting the Austrian Government, and Hitler could not afford an open break with Mussolini then. The affidavit said Seyss-Inquart, who was Chancellor of Austria for three days before the annexation, deceived Schuschnigg by professing great friendship while making secret visits to Hitler. In 1938, satisfied that Britain and Prance would not, and knowing Italy could not, take action, Hitler struck the final blow against Austrian independence, bringing to a climax what must be recorded as one of the most insidious, most dastardly, unjustified, and altogether effective series of measures to bring about the end of a sovereign State. Goering became most excited, loudly saying, “Nein, nein,” and writing rapidly as Mr. Alderman sketched the events in Vienna on July 25, 1934, when Dr. Dollfuss was murdered. Goering, for the first time during the trial, looked angry when Mr. Alderman said the Austrian Putsch was organised by the German and Austrian Nazis. ‘ MURDER BY RATIFICATION.” | Mr. Alderman submitted the first; photographic evidence of the trial—a picture of a plaque which the Germans erected in Vienna in 1938 to the killers of Dollfuss. , "We call it murder by ratification,” said the prosecutor. ‘‘You can see the wreath which the Germans placed on the plaque, and the inscription shows that Nazi Germany took the responsibility and the credit for the death of Dollfuss.”

Von Papen shook his head vigorously when Mr. Alderman quoted Mr. Messersmlth’s statement that von Papen, then Reich Ambassador to Vienna used his standing as a good Catholic to further Nazi aims in Austria. Von Papen raised Ms eyes, as if to Heaven, held both hands outstretched, and shook his head while all his dockmates, especially Goering, Ribbentrop, von Schirach, and Seyss-Inquart, turned towards him and smiled at him. Mr. Alderman read a letter to SeyssInquart from a German who Is at present in Nuremberg, in wMch SeyssInquart was described as ‘ 'the one-man creator of the Anschluss.” ‘ ‘ ORIGINAL QUISLING. ’ ’ The prosecutor said the Court would take note that Seyss-Inquart was the original quisling. Germany and Austria, on July 11. 1936, entered into an accord. TMs looked like a great triumph for Austria, but actually Austria was committed to put the friends of Germany into the Cabinet and grant an amnesty to all Nazis. Thousands of Nazis were subsequently released. The Court went into closed session to consider whether Schuschnigg should be called as a witness, after which Lord Justice Lawrence announced that the tribunal upheld the objection of the