Confidential!
Vienna, 31st January, 1935
The Ambassador Extraordinary and Minister Plenipotentiary. My Fuehrer,
I return once more to the further technical treatment of the Tschirschky case.
During our talk at the beginning of December, you very kindly offered to finish the Tschirschky business in a special way. I asked you on 13 December to let the matter follow the course of an ordinary trial. The idea behind this request was that Herr von Tschirschky should not reap advantages of any kind from his position with me; just as little could I wish, of course, that he should suffer any disadvantages because of his position with me.
I have heard in the meantime that you have entrusted Herr Heydrich with a special commission which relates to the very field in question. He is thus also concerned with the Tschirschky case, at least in the present stage of the proceedings of investigation.
Herr von Tschirschky, whom, incidentally, I have for the time being relieved of his duties, has now learned from several sources
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which he—and I also, unfortunately—regard as authentic, that some persons belonging to the Gestapo have for a considerable time been planning to neutralize him.
In view of his own experiences in the summer of last year, he fears that, on the occasion of his now anticipated interrogation, he will be eliminated by certain lower organs of the Gestapo in one way or another, either on his way there or at a later date.
I consider it my duty to draw your attention in good time to the possible complications which may ensue from this state of affairs.
Should Herr von Tschirschky find it desirable, because of his above-mentioned apprehensions, not to appear on the date fixed by the Gestapo—these rumors have as mentioned above, unfortunately also spread to Austrian circles, owing to Berlin indiscretions—and if I had to dismiss him immediately for that reason, which I would have to do as a matter of course, the comments in the foreign press, which could be expected without doubt, would make my task here very difficult.
In the event, however, of Herr von Tschirschky going along on the appointed date and—-a thing I hardly dare think of, much less say outright—in the event of his apprehensions being justified in one way or another, owing to an unfortunate chain of circumstances, it can be expected that not only my position in Vienna would be untenable, but that, furthermore, the Reich and your name would suffer great damage.
In view of this importance of the case in the field of foreign politics, I would remind you of your erstwhile promise to let the matter take the "normal course of justice", and I would ask you to take the case in question—by means of a special order— out of the sphere of the mission entrusted to Herr Heydrich in order that the competent Public Prosecutor may take over the proceedings with his tisual auxiliary organs.
I hope that I shall then not have to continue troubling you the whole time with this sorry business, especially as Herr von Tschirschky leaves my service on the termination of the trial.
I would be particularly grateful for an immediate communication of your action in this connection, as the telegram received today fixed the new date as February 5th. Should I not have received a reply from you by the 4.2. I shall communicate to the Gestapo telegraphically that I have contacted you direct on this matter.
To the Fuehrer & Reich Chancellor. Berlin.
[Signed] Papen
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Letter to Hitler, asking him to transfer the investigation of von Tschirschky from the Gestapo to the regular public prosecutor, in order to avoid diplomatic problems with Austria
Authors
Franz Papen, von (Vice-Chancellor; ambassador)
Franz von Papen
German general staff officer, politician, diplomat, nobleman and Chancellor of Germany (1879–1969)
- Born: 1879-10-29 (Werl)
- Died: 1969-05-02 (Sasbach)
- Country of citizenship: German Reich; Germany
- Occupation: diplomat; military personnel; politician
- Member of political party: Centre Party (until: 1932-01-01); Nazi Party
- Member of: Union-Klub
- Participant in: Hostages Trial (date: 1947-10-03; role: affiant)
- Significant person: Wilhelm List (role: acquaintance)
Date: 31 January 1935
Defendant: Franz Papen, von
Total Pages: 2
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: D-683
Citation: IMT (page 11956)
HLSL Item No.: 453512
Notes:Von Tschirschky was von Papen's secretary; von Papen reported rumors that the Gestapo would "neutralize" him. See also documents D 684-686.