Trial against Hitler, 1923.
DOes anyone have any transcripts from that, it would be nice to know a little more about the trials, what the initial accusations where etc.
I would also like to know a little more on the hero of the entire coup, in my opinion, Daser (the commander whom more or less lead the resistence from a radioroom) along with the Triumvirate want more info there also. Kahr, Seisser and Lossow.
Trial against Hitler and Braukellerputch
Re: Trial against Hitler and Braukellerputch
15 years late, but reading David King's The Trial of Adolf Hitler now. Outstanding and revelatory.
Re: Trial against Hitler and Braukellerputch
Who was Daser? Or do you mean general Danner?
Before putsch Otto von Lossow had got informations that Hitler planned something. So he gave secret orders to Danner what to do. During putsch Danner refused orders by Nazi and those which were claimed to be from Lossow. So the Nazis couldn't get Munich army headquarters and barracks. In the night Hitler set Lossow free because he thought he was on his side. But Lossow immediately went to his headquarters, set alert and called for loyal troops.
The Nazis arrested several members of bavarian governement, but vice primier minister Matt escaped to Regensburg and organized resistance in Bavaria. Police forces from Augsburg hurried to Munich.
The next morning bavarian government had full control over the whole country and most parts of Munich. The putsch failed, but Hitler and Ludendorff (more or less in despair) started their march into centre. At Feldherrnhalle police forces commanded by Freiherr von Godin opened fire.
So when we ask "who were the heroes" we can mention Danner, Lossow, Matt and Godin. Others were gernerals Ruith and Kreß who supported Danner and
von Freyberg, a high ranking member of administration who stayed in Generalkommissariat and also alerted police forces and administration.
Before putsch Otto von Lossow had got informations that Hitler planned something. So he gave secret orders to Danner what to do. During putsch Danner refused orders by Nazi and those which were claimed to be from Lossow. So the Nazis couldn't get Munich army headquarters and barracks. In the night Hitler set Lossow free because he thought he was on his side. But Lossow immediately went to his headquarters, set alert and called for loyal troops.
The Nazis arrested several members of bavarian governement, but vice primier minister Matt escaped to Regensburg and organized resistance in Bavaria. Police forces from Augsburg hurried to Munich.
The next morning bavarian government had full control over the whole country and most parts of Munich. The putsch failed, but Hitler and Ludendorff (more or less in despair) started their march into centre. At Feldherrnhalle police forces commanded by Freiherr von Godin opened fire.
So when we ask "who were the heroes" we can mention Danner, Lossow, Matt and Godin. Others were gernerals Ruith and Kreß who supported Danner and
von Freyberg, a high ranking member of administration who stayed in Generalkommissariat and also alerted police forces and administration.
Re: Trial against Hitler and Braukellerputch
I don't have transcripts, but this will be interesting if you haven't seen it:
From the Strafgesetzbuch (StGB) as it was in force between 1872 to 1934, under "Hochverrat", High Treason:
§ 81. (1) Wer außer den Fällen des § 80 es unternimmt, [...] wird wegen Hochverraths mit lebenslänglichem Zuchthaus oder lebenslänglicher Festungshaft bestraft.
(2) Sind mildernde Umstände vorhanden, so tritt Festungshaft nicht unter fünf Jahren ein.
(3) Neben der Festungshaft kann auf Verlust der bekleideten öffentlichen Ämter, sowie der aus öffentlichen Wahlen hervorgegangenen Rechte erkannt werden.
Source: https://lexetius.com/StGB/81,8 (You can see the whole history of the German criminal code there.)
Subsection 2 pertains directly to Hitler: "If mitigating circumstances exist, no less than five years of Festungshaft or "Fortress Imprisonment" [a degree of prison less than the ordinary prison {Gefängnis IIRC} or the workhouse {Zuchthaus} shall occur." Hitler was given the minimum sentence and released in eight months for good behavior. Note that without "mitigating circumstances" a sentence of life imprisonment with or without hard labor was imposed.
FWIW, the relative leniency for a sentence for high treason caused me to look at the relevant UK laws -- those also allow imprisonment for a crime that can be not only capital, but punished by drawing and quartering (not in the 1930s). It seems that pre-1945 jurisprudence found it necessary to give judges and juries a wide berth when it came to the punishments for high treason. After all, someone could earnestly seek to overturn the government and kill a few dozen people without being an incorrigible criminal worthy of the death penalty...
Hitler was given a five-year sentence, the minimum under StGB section 81,
BTW, the 1934 amendments to the Strafsgesetzbuch/Criminal Code should come as a surprise to nobody: it changes the penalty to death, life imprisonment or Zuchthaus for no less than 5 years. Zuchthaus is equivalent to Anglo-American "imprisonment at hard labor."
My overall opinion is that the excessive breadth allowed to judges in sentencing for *high treason* (normally considered a crime as great as, if not greater than, murder) is yet another of the flaws and loopholes in Weimar-era law... the flaws and loopholes that ultimately allowed Hitler to seize power.
From the Strafgesetzbuch (StGB) as it was in force between 1872 to 1934, under "Hochverrat", High Treason:
§ 81. (1) Wer außer den Fällen des § 80 es unternimmt, [...] wird wegen Hochverraths mit lebenslänglichem Zuchthaus oder lebenslänglicher Festungshaft bestraft.
(2) Sind mildernde Umstände vorhanden, so tritt Festungshaft nicht unter fünf Jahren ein.
(3) Neben der Festungshaft kann auf Verlust der bekleideten öffentlichen Ämter, sowie der aus öffentlichen Wahlen hervorgegangenen Rechte erkannt werden.
Source: https://lexetius.com/StGB/81,8 (You can see the whole history of the German criminal code there.)
Subsection 2 pertains directly to Hitler: "If mitigating circumstances exist, no less than five years of Festungshaft or "Fortress Imprisonment" [a degree of prison less than the ordinary prison {Gefängnis IIRC} or the workhouse {Zuchthaus} shall occur." Hitler was given the minimum sentence and released in eight months for good behavior. Note that without "mitigating circumstances" a sentence of life imprisonment with or without hard labor was imposed.
FWIW, the relative leniency for a sentence for high treason caused me to look at the relevant UK laws -- those also allow imprisonment for a crime that can be not only capital, but punished by drawing and quartering (not in the 1930s). It seems that pre-1945 jurisprudence found it necessary to give judges and juries a wide berth when it came to the punishments for high treason. After all, someone could earnestly seek to overturn the government and kill a few dozen people without being an incorrigible criminal worthy of the death penalty...
Hitler was given a five-year sentence, the minimum under StGB section 81,
BTW, the 1934 amendments to the Strafsgesetzbuch/Criminal Code should come as a surprise to nobody: it changes the penalty to death, life imprisonment or Zuchthaus for no less than 5 years. Zuchthaus is equivalent to Anglo-American "imprisonment at hard labor."
My overall opinion is that the excessive breadth allowed to judges in sentencing for *high treason* (normally considered a crime as great as, if not greater than, murder) is yet another of the flaws and loopholes in Weimar-era law... the flaws and loopholes that ultimately allowed Hitler to seize power.