Cover letters and report on the anti-Jewish demonstrations of 9-10 November 1938 (Kristallnacht) and proceedings on "excesses" that had occurred, including plundering and killing of Jews, the party court trials and subsequent punishments, and the quashing of further proceedings since the actions followed the "will of the leaders"

National Socialist German Labor Party The Chief Party Judge Munich 33
Telephone: 50812-50815, 50825 [illegible pencil notations]
Munich 13 February 1939
To the General Field Marshal Hermann Goering Sch/L.
Berlin W. 8, Leipziger Street 3
FILE
Dear Party Member Goering!
I enclose the report of my special senate about the procedure hitherto concluded concerning the excesses on the occasion of the anti-Jewish operations of 9 and 10 November 1938.
Heil Hitler!
T, . (signed) Walter Buch
Enclosures
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SECRET
National Socialist German Labor Party Supreme Party Court [Oberstes Parteigericht]
The Chief of the Central Office
Munich 33
File no. 47
Telephone 50812-50815, 50825 (Dictation) Symbol—Sch/R
SECRET
Report about the events and judicial proceedings in connection with the anti-semitic demonstrations of 9 November 1938 On the evening of 9 November 1938, Reich propaganda director Party Member Dr. Goebbels told the party leaders assembled at a social evening in the old town hall in Munich, that in the districts [Gauen] of Kurhessen and Magdeburg-Anhalt it had come to the hostile Jewish demonstrations, during which Jewish shops were demolished and synagogues were set on fire. The Fuehrer at Goebbels's suggestion had decided, that such demonstrations were not to be prepared or organized by the Party, but so far as they originated spontaneously, they were not to be discouraged either. In other respects, Party Member Dr. Goebbels carried out the purport of what was prescribed in the teletype of the Reich propaganda administration of 10 Nov. 1938 (12:30 to 1 o'clock). 0
(Enclosure 2)
It was probably understood by all the Party leaders present, from.the oral instructions of the Reich propaganda director, that the Party should not appear outwardly as the originator of the demonstrations but in reality should organize and execute them. Instructions in this sense were telephoned immediately (thus a considerable time before transmission of the first teletype) to the bureaus of their district [Gaue] by a large part of the Party members present.
On 10 November 1938 at 01:20 there was issued to the State police and to the State police main offices [Leitstellen] the enclosed teletype (enclosure 1) of the secret state police; at 01:40, the circular of the Reich propaganda director (enclosure 2); at 02:56, a circular of the staff of the deputy of the Fuehrer (enclosure 3) prohibiting setting fire to Jewish shops; the circular of 10 November 1938 of the staff of the deputy of the Fuehrer (enclosure 4) ; at 15:15 confirmed that the Party carries no responsibility for drives [Aktionen] and makes it the duty of Party bureaus to proceed accordingly and to issue necessary directions only after reaching an understanding with the qualified Gauleiter.
At the end of November 1938 the chief Party Court through reports from several district [Gau] courts heard that these/dem-
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onstrations of the 9 November 1938 had gone as far as plundering and killing of Jews to considerable extent and that they had already been the object of investigation by the police and the state prosecutor.
The deputy of the Fuehrer agreed with the interpretation of the chief Party Court, that known transgression in any case should be investigated under the jurisdiction of the party:
1. Because* of the obvious connection between the events to be
judged and the instructions which Reich propaganda director, Party Member Dr. Goebbels gave in the town hall at the social evening. Without investigation and evaluation of this connection, a just judgment did not appear possible. This investigation, however, could not be left to innumerable state courts, especially as the demonstations had meanwhile been presented to the public as being the spontaneous expression of the sentiments of the people. :
2. According to the conception of the Supreme Party Court [Oberstes Parteigericht] it must, as a matter of principle, be impossible for political offenses, which primarily concern the interests of the Party and which even though this be only from the viewpoint of the perpetrator are desired by the Party as illegal measures should be determined and judged by the state courts without the Party having the possibility of first obtaining clarification about the happenings and matters pertaining to them so that, if occasion arises, the Fuehrer could be asked in good time to cancel the proceedings at the state court. Due to such considerations General of the Army [Generalfeldmarschall] Party Member Goering, as deputy of the Fuehrer, has entrusted the secret state police and the Party jurisdiction with the investigation of excesses.
The Supreme Party Court has reserved for itself the investigation of killings, severe mistreatment and moral crimes. On the basis of state police inquiries the judges of the Supreme Party Court, who were present with their alternates [zweifacher Besetzung], held and completed quick trials of those cases about which facts were ascertained up to 17 January 1939. Gau leaders and Group leaders of the branches served as jurors at the trials-and decisions. The decisions which, for reasons to be discussed later, contain in part only the statements of the facts, are attached.
1. Party Member Frey Heinrich, Party Member since 1932, residing in Rheinhausen, Horst-Wessel-Strasse 23, was ejected from the Party because of a moral crime and race violation perpetrated upon the thirteen-year-old school girl Ruth Kalter. Frey is in
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custody and has been handed over to the criminal court. (Enclosure 5.)
2. Party Member Gerstner Gustav, Party membership number 3,135,242, SA-sergeant [Oberscharfuehrer], residing at Niederwern, at present district court prison Wuerzburg, was expelled from the NSDAP and SA because of theft. Gerstner is in custody and has been handed over to the public [staatlich] court because suspected of race violation (enclosure 6).
3. Party Members schmidinger Friedrich, SA-2nd Lt. [Sturm-fuehrer], residing at 36 Eisenhand Street, Linz and Hintersteiner Hans, Party membership number 434,332, SA-captain [Sturm-hauptfuehrer] residing at 74 Haupt Street, Linz, was expelled from the NSDAP for moral crimes against the Jewess Unger and are now in protective custody (enclosure 7).
4. Party Member Norgall Franz, Party membership number 342,751, SA-2nd Lt. [Sturmfuehrer], residing at 58 Neuhoefer Street, Heilsberg (East Prussia), was given a warning and sentenced to three years deprivation of ability to hold public office because of disciplinary violation, namely killing of the Jewish couple Seelig in Heilsberg contrary to orders (enclosure 8).
5. Party .Member Rudnik Rudolf, Party membership number 162,948, SA-major [Sturmbannfuehrer], residing at 3/0 Zerber Street, Dessau, was given a warning and sentenced to three years deprivation of ability to hold public office because of shooting of the sixteen-year old Jew Herbert StMn contrary to orders after completion of the drive (enclosure 9).
In the following cases of killing of Jews, proceedings were suspended or minor punishments were pronounced:
, 6. Party Member Fruehling August, Party membership number about 4,188,000, SA-sergeant [Sharfuehrer], residing at 132 Deichweg, Lesum, and Mahlstedt Bruno, SA-corporal [Rotten-fuehrer] living at Lesum, because of shooting of the Jewish couple Goldberg and because of shooting of the Jew Sinasohn (enclosure 10).
7. Party Members. Behring Willi, Party membership number
209,620, SA-sergeant [Truppfuehrer], living at 40 York Street, Bremen, and Heike Josef, Party membership number 678,884, SA-lst Lt, [Obersturmfuehrer], residing at 73 Sedan Street, Bremen, because of shooting the Jew Rosenbaum and the Jewess Zwienicki (enclosure 11). .
8. Party Members Uhlig Max, Party membership number 2,473,540, SA-2nd Lt. [Sturmfuehrer], residing at 39 Mauer Street, Neidenburg, Schudwitz Emil, Party membership number 2,473,425, SA-sergeant [Truppfuehrer], residing at 6b Bruecken
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Street, Neidenburg, and PA. Rueckstein Fritz, SA-corporal [Rot-tenfuehrer], living at 8 Heimstaetten Street, Neidenburg, because of killing the Jew Zack, in jurying the Jews Aron, Kurt and Helmuth Zack.
PA. Tybussek Max, SA-sergeant [Scharfuehrer], living at 4 Kurze Street, Neidenburg, PA. Kubin Ernst, SA-Pfe [Sturmmann], living at 5 Bruecken Street, Neidenburg, and PA. [Party aspirant] Strysio Wilhelm, SA-corporal [Rottenfuehrer], residing at 10 Ziegler Street, Neidenburg, because of killing the Jew Naftali and injuring the Aryan, Duscha (enclosure 12).
9. Party Member Oesterreich Fritz, Party membership number 489,020, local group leader [Ortsgruppenleiter], residing at 56b Preussen Street, Luenen-Horstmar, because of shooting the Jew Kniebel, Party Member Gutt Heinrich a member since 1 March 1933, special county section administrator [Kreisfachabteilungswalter] for division "plain and fancy foods" [Nahrung und Genuss], living at 80 Horst-Wessel Street, Luenen-Sued, because of shooting the Jew Bruch (enclosure 13).
10. Party Member Frey Adolf, Party membership number 1,298,915, local group leader [Ortsgruppenleiter], residing at 1 Robert Wagner Street, Eberstadt, because of shooting the Jewess Susanne Stern (enclosure 14).
11. Party Members Schmidt Heinrich, Party membership number 746,215, SS-lst Lt. [Obersturmfuehrer], residing at 22 Kirch Street, Luenen, and Meckler Ernst, Party membership number 2,792,904, block warden [Blockleiter], residing at 46 Kirch Street, Luenen, because of drowning the Jew Elsoffer (enclosure 15).
12. Party Members Puchta Werner, Party membership number 481,785, SA-major [Sturmbannfuehrer], residing at 11 Gravelott Street, Chemnitz, Goerner Werner, Party membership number 321,146, SA-lst Lt. [Obersturmfuehrer], residing at 130 Planitz Street, Chemnitz, Immerthal Guido, Party membership number 406,588, SS-Corporal [Rottenfuehrer], residing at 20 Geitel Street, Chemnitz, Mueller Kurt, party membership number 5,333,545, SS- corporal [Rottenfuehrer], residing at 4 Planetta Street, Chemnitz, for killing the Jew Fuerstenheim (enclosure 16).
13. Party Member Taudte Heinrich, Party membership number 172,517, SS-man, residing at 23 Herrlein Street, Aschaffenburg, for killing the Jew Vogel (enclosure 17).
14. Party Member Heinke Werner, Party membership number 9,135, SS-Lieutenant Colonel [Obersturmbannfuehrer], residing at 12 Schiffbauer Street, Kuestrin, for killing the Jew Jakoby (enclosure 18).
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15. Party Member Schenk Hans, Party membership number 246,109, SA-technical sergeant [Obertruppfuehrer], residing at 208 Tegernseerland Street, Munich, for killing the Jew of Polish nationality Chaim Both (enclosure 19).
16. Proceedings against the Party Members Aichinger Hans, SS-captain [Hauptsturmfuehrer], residing at 9 Seilergasse, Innsbruck, and Hopfgartner Walter, SS-Untersturmfuehrer residing at 21 Gabelsberger Street, Innsbruck, for killing the Jews Graubart, Dr. Bauer, and Berger, have already been quashed on the basis of inquiries on the part of the State Police and individual interrogations of the Supreme Court of the Party (enclosure 20). In regard to cases 3-16 the Supreme Party Court asks the Fuehrer to quash the proceedings in the State Criminal Courts
The Reich Minister of Justice has been informed of this petition and the decisions on which it was based handed down by the Supreme Party Court.
Cases 4-16 are killings committed by order, committed on the basis of a vague or presumed order, committed without orders but motivated by hatred against Jews or in the opinion that vengeance ought to be taken for the death of Party Member von Rath upon the wish of the leaders, or killings motivated by a resolution suddenly formed in the excitement of the situation, whereby here .too the professed object of the entire action was the innermost reason, as well as the thought that reprisals had to be made in some form or other, on behalf of Party Member von Rath.
If a clearly defined order is at hand (enclosures 10, 11, and 20) the request to quash the proceedings against the immediate perpetrator needs no further argument. The order must shift the responsibility from the person who acted to the person who gave the order. Furthermore the men often had to fight down strongest inner restraints in order to carry out the order. As was repeatedly expressed by the culprits, it is not our SA and SS men's affair to force their way into bedrooms by night dressed in civilian ^clothes in order personally to do away with the hated political foe by his wife's side or together with his wife.
The verification of the circumstances under which the orders were given, has shown that in all these cases a misunderstanding arose in some link or other, of the chain of orders [Befehlskette] especially due to the fact that it was a matter of course to the National Socialist who was active in the days of the Party struggle that in drives in which the Party does not wish to appear as the organizer orders are not given with final clarity and with all details. He is therefore used to deduce more from what he reads in
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such an order than is said literally, just as it had frequently become the practice on the part of the person issuing the order in the interest of the Party to refrain from saying everything and merely to hint what he meant to achieve with the specific order— especially when it concerned illegal political demonstrations. Therefore Party Member Dr. Goebbels' instruction that the Party was not to organize this demonstration was most likely interpreted by each Party leader present in the town-hall to mean that the Party should not appear as the organizer. Party Member Dr. Goebbels probably meant it in that way for politically interested and active circles who might participate in such demonstrations are members of the Party and its branches. Naturally they could be mobilized only through offices of the Party and its branches. Thus a series of subordinate leaders understood some unfortunately phrased orders which reached them orally or by phone, to mean that Jewish blood would now have to flow for the blood of Party Member von Rath, that at any rate the leadership did not attach importance to the life of a Jew, for example, not the Jew Gruenspan but all Jewry was guilty of the death of Party Member von Rath, the German people were therefore taking revenge on all Jewry, the synagogues were burning in the entire Reich, Jewish residences and businesses were to be laid waste, life and property of Aryans had to be protected, foreign Jews were not to be molested, the drive was being carried out by order of the Fuehrer/ the police were withdrawn, pistols were to be brought, at the least resistance the weapon was to be used without consideration, as an SA man each one would certainly know what he had to do, etc. (Enclosure 10, pages 5 ff, enclosure 20 and enclosure 11 pages 5 if.) '
It is a matter of course that, under the circumstances described, even an ambiguous order must direct the responsibility upwards. The same is true of a misunderstood order. (Enclosure 11 Heike case, and enclosure 12.)
It is another question, whether an intentionally ambiguous order, given with the expectation that the receiver of the order would recognize the intention of the one who gave it and would act accordingly, is not an example of the discipline of the past. In times of struggle, such an order may, in individual cases, be necessary, in order to achieve a political success without giving the government any possibility of discovering the origin of the Party. This viewpoint is now obsolete. The public, down to the last man, realizes that political drives like those of 9 November were organized and directed by the Party, whether this is admitted or not.
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When all the synagogues burn down in one night, it must have been organized in some way and can only have been organized by the Party. But the soldiers should never be put in a position of having any doubts in regard to the intention of the commander —whether the order really means what it says; for there is a possibility that such doubts may lead to the wrong results in important matters, or there might be doubts in a case when the commander wants to be certain that his order is understood and carried out literally. In any case, soldierly discipline and with it the National Socialist concept of discipline is undermined thereby.
Also in such cases as when Jews were killed without an order (enclosures 13, 14 and 15) or contrary to orders (enclosures 8 and 9), ignoble motives could not be determined. At heart the men were convinced that they had done a service to their Fuehrer and to the Party. Therefore, exclusion from the Party did not take place. The final aim of the proceedings executed and also the yardsticks for critical examination must be according to the policy of the Supreme Party Court [Oberstes Parteigerieht] ; on the one hand, to protect these party comrades who, motivated by their decent National Socialist attitude and initiative, had overshot their mark and, on the other hand, to draw a dividing line between the Party and these elements who for personal reasons basely misused the Party's national Liberation battle against Jewry or, beyond that, acted with criminal motives. For this reason, even in cases of acts contrary to orders, only disciplinary violation has been punished by punishment classed as exclusion [Ausssehluss]. «
In the Schenk case (enclosure 19) Chaim Both, the Jew who was killed, was a Polish citizen. The Supreme Party Court [Oberstes Parteigerieht] accepted the defendant's plea that he was under the impression he had acted in self defense and quashed the proceedings. After conclusion of the proceedings the case was immediately referred back to the Secret-State Police Office [Geheimes Staatspolizeiamt] for revision of the notes in the files.
The report of the results of the proceedings so far is submitted (1) because police investigations in the other cases (all together 91) of killings have not been concluded, (2) because the results so far (especially in regard to motives and circumstances) should give an example and a general view, but, in particular, because in the future the Senate might refrain from carrying out proceedings in regard to killings of Jews within the framework of the drive of 9 November 38, in case there is no suspicion, based on police investigations, of selfish or criminal motives. The content
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of this report confirms this opinion. Beyond this, the last main session in the Schenk case showed that the first known case of the killing of a Jew, i.e., the Polish citizen, was reported to Reich Propaganda Leader, Party Member Dr. Goebbels on 10 November 1938 at about 2 o'clock and in this connection the opinion was expressed that something would have to be done in order to avoid having the entire drive take a dangerous turn. According to the statement by the deputy district leader [Gauleiter] of Munich— Upper Bavaria, Party Member Dr. Goebbels replied that the informer should not get excited about one dead Jew, that in the next few- days thousands of Jews would perforce see the point. At that time most of the killings could still have been prevented by a supplementary decree. Since this did not happen it must be deduced from this fact as well as from the remark itself that the final success was intended, or at least Considered as possible and desirable. The individual active agent carried out not only the assumed, but also the vaguely expressed and correctly understood will of the leaders. For that he cannot be punished.
[ signature] Schneider Schneider
[Seal]
Nat.Soc.Ger.Worker Party Supreme Party Court.
» Berlin, 22 February 1939.
[illegible pencil notation]
Dear Party Member Buch!
I thank you for forwarding the report of your special senate about the procedure hitherto concluded concerning the excesses on the occasion of the anti-Jeivish operations of 9 and 10 November 1938, of which I have taken cognizance.
Heil Hitler!
To the Chief Party Judge Mr. Walter Buch Munich
your
(signed) GOERING
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