863.00/1806: Telegram (part air)
The Chargé in Germany (Gilbert) to the Secretary of State
[Received December 10—9 a.m.]
708. Special reference to Embassy’s 454, September 17, 6 p.m. An acquaintance from Munich temporarily in Berlin who although not a member of the Party is very close to Party circles in Munich has informed me privately respecting the matter of Schuschnigg in the following sense.
He states that it has been determined that Schuschnigg will be brought to trial. This, however, would not be precisely a trial of Schuschnigg but rather a “symbolic trial” of the Dollfuss-Schuschnigg dictatorship under the charge of its illegality. This, I feel, cannot be expressed in English with complete lucidity. He understands that from an exhaustive research in Vienna of the archives of the former Austrian Government documents have been found which will be placed in evidence in support of this charge and that among others former President Miklas will testify as a witness.
My informant said that although presumably Schuschnigg would be present as the “symbolic criminal” the proceedings would not be aimed at personal punishment for Schuschnigg. Schuschnigg might indeed be condemned to say 6 months imprisonment in a fortress but that as the time he has already been in confinement could presumably be deducted from the sentence he would not suffer further imprisonment.
On the score of Schuschnigg personally he understood that the present intent was that following the trial he would be released and free to live anywhere in Germany upon his agreement that he would not leave the country.4
I asked him how what he told me could be reconciled with the violent personal animosity Hitler was supposed to entertain towards Schuschnigg. His reply was merely “Well, Hitler no longer talks that way”.
In response to my question as to when the trial might occur he said that the matter of time was always difficult to forecast but that he believed it might take place not long after the first of the year.
My informant said that I could take what he told me as actual present intentions and not in any respect as mere rumor. I can only say that my acquaintance is someone in whom I normally have confidence. I cannot appraise this further. It is nevertheless of interest and perhaps of some significance to compare the foregoing with the third paragraph of my No. 400, August 25, 2 p.m.
- Kurt von Schuschnigg remained a prisoner of the Germans until released by the Allies in 1945.↩