Vienna, 5 February, 1935
F. G. Tschirschky and Boegendorff.
Your Excellency, .Mr. Minister,
In an order dated 4.2.1935 expressed in writing that you, Mr. Minister, are relieving, me of my official duties, quoting an extract from a letter from the Minister of Foreign Affairs which brings to your notice the Fuehrer's orders and you give me instructions to place myself at the disposal of the Gestapo on the 5th Feb., fixed date.
Although I am fully aware of the seriousness of .the decision, I am unfortunately compelled, Mr. Minister, to declare that, in the interests of the Fatherland, the carrying out the mission in Austria intrusted to you by the Fuehrer and Reichs Chancellor and last but not least, in the interests of my family, I am not in a position to comply with the Gestapo demand to report to Berlin for interrogation. '
The reason for this decision which is based on the attached special report shows that it has not been influenced only the human understandable desire to live which I hope you, Mr. Minister, as well as for the Fuehrer and Reichs Chancellor will realize from this report, but owing to my sense of responsibility to the Fatherland, the leadership of the 3rd Reich and towards you yourself I cannot act otherwise. The seriousness of the meaning of my decision is apparent since I have made it, although I am aware that I have already caused you considerable inconvenience.
Allow me to express once again in writing the assurance that I will never act disloyally either to the Fatherland, to the Fuehrer and Reichs Chancellor or to you personally. I am whole-heartedly devoted to my beloved Fatherland and all my actions and efforts have in the past only served for its well being and ascendancy. Nothing will alter this in the future. As soon as I am convinced that no further harm can befall the Fatherland, I will return to the Reich in order to place myself before the proper Judge in the
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Sommer affair. As I have a clear conscience, I hope I shall carry the blemish which will apparently be put upon me for a short, time only.
As a person who knows that honor is the highest possession a man can lose, I will, as soon as I see the possibility, call to account each one who has assailed or is assailing my honor.
Always your devotedly, [Signed] Fritz Gunther v. Tschirschky.
To the Ambassador Extra-ordinary and Plenipotentiary Minister, Herr von Papen,
Vienna.
F. G. von Tschirschky and Boegendorff.
REPORT
Annexed to the letter dated 5 Feb 1935 addressed to the Ambassador Extraordinary and Plenipotentiary Minister,
Herr von Papen, Vienna
Information has reached me, not only from one but from many sources both from home and abroad, that in Gestapo circles a large number of persons exist who consider me to be a reactionary and outspoken enemy of the National Socialist party. It is therefore necessary to make me harmless. In addition to that I am supposed to know too much. It is all the same whether through my disappearance from the Reich, damage or advantage results.
The first information which came to my knowledge found its first confirmation in the events of 30th June and my personal experiences in those days. I give only the following facts as proof of my conception of my experiences on 30 June:
1. FACTUAL INFORMATION. (Up to and including 30 June 35)
I was arrested on 30.6 by two different groups which shows that the action against the Vice Chancellor originated from two official sources, who were working against each other. The incident was as follows:
When I returned to the Ministry in Vosstr. 1 with Herr von Papen from the short visit to Minister President Goering, the building was completely occupied by SS people. After I had entered my office, a short reddish haired man appeared, who asked me whether I was Mr. von Tschirschky. Having replied in the affirmative he told me in a short and harsh manner that "You are under arrest, come along with me." As I had been informed by Herr von Papen on our way from Minister President Goering's palace in Voss Strasse that we would be arrested on account of the events of the 30th June, I did not ask the person who was arresting me for his credentials but answered him "I just came
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with Herr von Papen from Minister President Goering and am informed about everything, especially, that I am to be taken into protective custody. I am at your disposal." As a result of my explanation, the man started, looked at me in great surprise and muttered under his breath "How is that possible?" I did not ponder at first over these words and repeated, although I was rather taken aback at his rude manner, "I am at your disposal immediately. I only want to take leave from my chief." Whereupon the man explained curtly and decidedly "No, that is not allowed, you are not to speak to anyone any more, but must comply with my orders." Thereupon he got hold of a paper and read out both names, von Savigny and Baron Pereira, asking "Where are these gentlemen?" I thereupon said "Herr von Savigny should be in this house, a Baron Pereira does not exist here, and has never worked here, I do not know him either, but I do remember that a few days ago there arrived an obituary notice. I am firmly convinced that the person you are looking for is dead. If you wish I can get the obituary notice for you from the files." He listened to all I had to say, but did not believe my words and insisted upon making a further search himself. He then handed me over to another SS man posted at the door, with a machine pistol at the ready. About five minutes later, together with the gentlemen von Savigny and Hummelsheim, I was ordered by this man to accompany him under the escort of three SS men armed with machine pistols, in order to be taken away.
Arriving at the lower gate entrance I saw a motor car come up, out of which two men jumped hurriedly and entered the main hall of the Vossstrasse 1 building. One of the two men I recognized immediately as an official from the Criminal Police Department, with whom I had sat about twenty minutes previously in the waiting room of Minister President Goering's Palace. He immediately came up to me, took hold of my arm and said "I am ordered (or 1 have the order) to take you into protective custody." Whereupon I replied in astonishment "Excuse me, I have already been arrested by this man," who was now standing half behind me. :
A sharp interchange of words between these two men now took place. They showed each other their criminal police identity card, so far as I remember, the one belonging to the first man was a metal disc, and that of the second man was a red card. In the course of this exchange of words I exclaimed to the man, with reddish hair, who had -first of all arrested me, that if a muddle already existed, I would prefer to be taken into protective custody by the man who came from the Minister President, as I had already
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seen him and his order appeared to be more trustworthy. This man repeatedly told me that I should go with him. The reddish haired man thereupon became very strict and exclaimed, "If you offer any further resistance I shall have to resort to arms." I replied that I was offering no resistance, but that he must understand that I was startled as I at least knew the other man by sight, whereas I did not know him at all. Whereupon the second broke in and said "There you are, you see that my order's are correct" and pushed me towards his car. The small reddish haired man, who was very excited about the incident, dragged me back from the car and ordered the SS escort to get ready to shoot. 1 then addressed the second man", who had no armed guard whatsoever, and said, "It is senseless to cause a bloodbath here in front of the building on account of an apparent misunderstanding. I think it would be better if I went in the other car. But follow on in your own car and ascertain where I am being taken." This was finally done and the journey took us to the Gestapo building in the Prince Albertstrasse, through a courtyard to a back entrance. There another exchange of words took place between the two groups of Criminal Police officials. I again joined in this debate and suggested as a way of clearing up the misunderstanding that a man from each group should see someone in the building of higher authority, and let him decide what should be done. To guard myself, and the other two gentlemen, there were still three Criminal Police officials and four SS men available. This way out was accepted. The men eventually came back and explained that the misunderstanding was now cleared up, we could now be taken away. Whereupon we were taken by three SS men, not accompanied by the Criminal Police officials, on a longish trip through the building into the basement. There we were handed over without any comment and received the order from the SS men, on duty there, to go over and sit on a bench against the wall, in the passage. We were then forbidden to talk to each other and so we spent a few hours sitting on the bench, It would go too far to give further details about the events which took place during this time. I will therefore only limit myself to the case of the shooting of a well known person, publicly stated to have committed suicide.
The person was brought in and taken past, us into, a cell running parallel to our corridor, escorted by three SS men, the leader of the detachment was a SS Sturm-Hauptfuehrer, short, dark and with an Army pistol in his hand. I heard the command ''Guard the door." The door from our corridor to the other was shut, five shots were fired and immediately after the shots, the Sturm-Hauptfuehrer came out of the door with the still smoking pistol
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in his hand, saying under his breath, "That swine is finished." Feverish excitement reigned round about, one heard frightened calls and shreaks from the cells. One of the SS men on duty, a comparative youngster, was so excited, that he apparently forgot the situation as a whole and informed me—illustrating with his fingers—that the person concerned had been liquidated through three shots in the temple and two in the back'of the head.
2. FACTUAL INFORMATION. (For the time after June 30th)
(a) In Silesia, the former Gauleiter and Oberpraesident Brueekner had openly declared to the various personalities "It is preposterous that Herr von Papen and Tschirschky have not been murdered in Berlin. Had they been in Silesia, they would no longer be alive. Besides myself, the bloodhound Woyrsch would certainly have seen to it. This neglect must yet be rectified." In Tannenberg I spoke shortly after this to State Councillor Udo von Woyrsch who is known to me and whom I met accidentally, and after greeting him told him that such an utterance from a State official was monstrous. I take it that this matter would interest him as his name was also mentioned. As this conversation took place shortly before the departure of our train, it had to be broken off very quickly. Woyrsch informed me that he was very much interested and that I must again tell him a few more details about it all. Unfortunately I have had no further opportunity, so far, to speak to Woyrsch about that matter.
(b) The utterances of a Gestapo man, whose name is known,
and who himself acknowledges having taken part in the action in the Vice Chancellery, show that he and a circle of his friends very much regret that Herr von Papen and I did not lose our lives on 30.6. Had not someone else interfered in time during the incidents in the Vice Chancellery, Papen and Tschirschky loould also have been liquidated.
(c) Members of Hitler's bodyguard, whose names unfortunately cannot be mentioned, as they are themselves in danger of their lives, have expressed similar opinions among themselves and also to third parties. These utterances and discussions took place in the period between September and up to the middle of December. In connection with these discussions, these same men with the help of other SS men in the service of the Gestapo have discussed the matter as to what steps should be taken to rectify the neglect. Groups were formed, of which some, in spite of any objections that might arise with regard to foreign politics on account of my belonging to a diplomatic mission and of the repercussions resulting therefrom, were of the opinion that in any case I had to
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be murdered. The others declared, that the way was too dangerous as I was someone who knew a great deal and had also surely put aWay a lot for safe keeping abroad which would be brought to light. If one is already of the opinion that I must be murdered, then one must spread beforehand all sorts- of tales about me in order to defame me.
(d) Towards the end of October I was informed that the Gestapo circles were very happy at last, in their opinion, to possess some real solid evidence against me in connection with a case. Sommer who had been apprehended for contravention of Article 175 and who is said to have had relations with me. But first of all, these matters should be utilized at a time suitable to the Gestapo, not to proceed immediately, but to gather first of all some further evidence.
(e) Already shortly after my arrival in Vienna with Herr von Papen, in the middle of August, persons from various Austrian and Reich German sources approached me with the question, which was incomprehensible at the time, whether I was not pleased to be further away from malevolent circles in the Reich. When I told them of my intention to go to the Reich in order to accompany Herr von Papen, I was given guardedly to understand, that I had better remain here. During the months of October and November these rumors increased considerably, and I followed up these matters energetically.
Up to then I had always thought that one still had the impression here, based on the press notices dating back to 30.6. that people in many Reich circles were opposed to me and that the Austrian emigrants had reported adversely about me.
As a large circle of real National Socialists recognized my undoubted loyalty, the trust of these persons in me increased and they now reported to me direct, from which sources these reports directed against me originated and what was being said.
Emissaries of the Gestapo who had been sent to Austria spread various reports about me such as, for instance, "Beware of Tschirschky, he is an enemy of all National Socialists and in the end will only betray you to the Austrian Government." Another Gestapo man appeared in Vienna, approximately during the period between the 5th and 20th -12 and stated, "Tschirschky will very shortly be liquidated, as soon as he crosses the frontier he will be murdered." Again another one declared, "At last, proceedings can be taken against Tschirschky. He is also a homo-sexual person and when he enters the Reich, he will be liquidated." The same man spread reports here that Dr. Megerle would be transferred to the Embassy in Vienna. Very shortly afterwards the
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question Megerle was also raised in the Bund chancellery department, which gave me definite proof of the correctness regarding the reports spread about me.
I could still give a whole series of other matters, but they would make the report too lengthy.
In conclusion, the reason why I do not feel obliged either to appear before the Gestapo or to return to the Reich at all, in spite of the extraordinary protection promised me by the Fuehrer and Chancellor, I make the following declaration:
Already during my activities in Berlin, information has often reached me that there existed in the Reich a Terror organization which has sworn the oath, of mutual allegiance until death. The men who are or who may be accepted in this brotherhood are expressly warned and given the obligation that they belong to the FEME and that they are in duty bound when carrying out their tasks to feel that they belong in a far greater degree to the brotherhood and are, only bound to Adolf Hitler in a smaller degree. I could not have believed this monstrous thing, had the information not been given me about 6 months previously, by a man in the Reich—I wish to emphasize this explicitly, who is not opposed to the 3rd Reich, but quite the opposite, a man who in his innermost convictions believes in Adolf Hitler's mission, a Reich German National Socialist of many years standing, who himself at one time was to be won over into this brotherhood but who was able to withdraw from it cleverly. This man has assured me of his willingness to expose publicly the names mentioned to me of the members of this brotherhood, or to swear an affidavit to this effect in case these people should already be dead. He must only be assured that this Terrorist brotherhood can no longer be effective, especially as there are persons belonging to this brotherhood who are among the people who count as being the most trusted of the Fuehrer and the Reichschancellor.
I am naturally firmly convinced that the Fuehrer and Reichschancellor is not aware of the fact that these persons belong to the conspiracy. The logical consequences of this build up and the actions of this brotherhood prevent any one person from leaving it without falling himself a victim to the FEME.
I have had to give the last explanations so guardedly as I have not dared to give any names, even to my immediate superior Herr von Papen, so as not to incriminate you in case this report should fall into the wrong hands.
Vienna, 5 February 1935. ,
[sgd] Fritz Guenther von Tschirschky
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Letter to von Papen, on Tschirschky's decision to not submit to a Gestapo interrogation, with his report on the Gestapo investigation and threats against him and von Papen
Authors
Fritz G. Tschirschky, von (Von Papen's secretary (Austria 1934-35))
Fritz G. Tschirschky, von
- Additional details not yet available.
Date: 05 February 1935
Defendant: Franz Papen, von
Total Pages: 5
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-685
Citations: IMT (page 11950), IMT (page 11959)
HLSL Item No.: 453514
Notes:See also documents D 683-684, D 686. In the transcript the evidence code is mis-stated as D 635.