Bavarian People's Court

“ We must have officers. Pöhner will be president with the full power of a dictator, and you will be governor. I will lead the Reich government; Ludendorff, the national army; and Seisser, the police." When Hitler discovered Major Hunglinger, he ordered him from the room. Hunglinger obeyed at the request of Seisser.
Then Hitler, waving his pistol wildly, continued, "I know this comes as a shock to you, but someone must take the first step and someone must make it easy for you to take that step. Everyone must accept the lot he has been assigned. If you do not, you forfeit your right to live. ”

“ The Generalstaatskommissar has expressed quite clearly and unambiguously through the Landeskommandant and Colonel Seisser that he is determined to use force against any group that attempts to bring about a violent change. As military commander of Kampfbund Bayern, I insist that differences of opinion-even if they are so serious that they render a concerted effort of individual groups impossible -- cannot prevent me and the combined military might of the Kampfbund from casting our lot with any group that meets the force of the Reichswehr and Landespolizei with force. Signed, Kriebel. ”

“ During the trial, Pöhner stated that naturally the advance to Berlin would be undertaken with military force. Someone else said that Bavarian fists would bring order to Berlin. It was obvious that the existing government, which was supported by a great number of people, and above all, as the defendants assert, by the Marxists--i.e. by one of the largest political parties in the country--would not surrender without a fight. There was no reason to hope, as some of the defendants did, that the march would be nonviolent because all the people would join with them. ”

“ In the upper echelons of the Kampfbund it was generally held that Frick would become Minister of Police in Munich if and when a popular revolution should occur. This happened with Frick's full knowledge and consent. From Frick's behavior it was clear that he would accept such an offer in the event of a putsch. As soon as Hitler's Shock Troops broke into the BürgerbräuKeller -- even before the outcome of the ambush could be predicted -- Frick was designated as new Minister of Police by leading members of the Kampfbund. ”

“ Let us go forth in earnest, convinced of the awful weight of our undertaking, certain and aware of our grave responsibility. Let us go with the common man to our task. If we are pure of heart -- men of Germany, I do not doubt it -- surely God's blessing, which we beseech in this hour, will be with us. ”

“ As he himself said, the phrase he used at the Bürgerbräukeller -- i.e. that he was acting in his own right -- actually meant nothing else than a refusal to follow Hitler. Most of the co-defendants knew nothing of Kahr's plan to set up a directorate. Those few who did know about it rejected it. Nor did Kahr, Lossow, and Seisser intend to carry out their plan. Rather, they went along, or pretended to go along, with Hitler's ideas.
Ludendorff therefore did not commit high treason, nor did he abet it. His activity does not constitute a criminal offense at all. ”

“ INFORMATION REGARDING INDIVIDUALS Hitler Hitler was the soul of the whole plot. He drew up its plan, took charge of its execution, and proclaimed the fall of the Reich government and the Bavarian government. ”

“ Thereupon, Kahr said to Hitler, "You can hold me against my will, you can have me shot, you can even shoot me yourself. To die or not to die is not important." Hitler then turned to Seisser, who reproached him for not keeping his promise that there would be no putsch. Hitler replied, "I did; but forgive me, for the sake of the Fatherland." When asked by Lossow, "What is Ludendorff's position?", Hitler answered, " Ludendorff is ready and will be here presently." ”

“ The goal of the uprising was the elimination of the Reichsregierung, including the Parliament in its present state, because in the eyes of the defendants it was completely bewitched by Marxism. They intended to form a national government that would represent the völkische interests as defined by the defendants. The elimination of the Bavarian government, and the appointment of Kahr and Pöhner as the holders of Bavarian power, was only a means to an end--it was to enable them to fight the Reichsregierung effectively from Bavaria. ”

“ Kriebel Kriebel was military leader of, the Kampfbund. He cooperated in the final decisions concerning the action of November 8, 1923, made preparations for military action, and gave orders for military performance in individual cases. He was responsible for the success of the taki-over at the Bürgerbräukeller and the subsequent detainment of the ministers there, and the president and the head of Section 6 of the police. He directed the occupation of the Wehrkreiskommando by units of the Kampfbund. ”

“ On November 7th, Hitler discussed his ideas with Dr. Weber and Kriebel. On the morning of November 8th, he took Pöhner into his confidence. Everyone agreed with Hitler. They planned to call in a sizeable armed detachment from members of the Kampfbund. When the latter appeared at the meeting in the Bürgerbräukeller, Kahr, Lossow, and Seisser were supposed to be asked to go into another room where they would be told that now was the time for action. It was hoped that the three men would no longer resist and would participate in the election of a national dictatorship. ”

“ Rossbach announced a visit of several gentlemen of the Infantry School to Ludendorff's residence on November 4. Wagner was also one of the visitors.
On this occasion, Ludendorff spoke of the Volk and of a nationalist revolution. He expressed the view that the idea of the Volk would win out very soon, and he spoke of Hitler's meritorious service, particularly in that he and his movement in the last three years had been able to hold down the White and Blue Peril. According to Hitler, the White and Blue -- or Bavarian -- Peril is the danger that the monarchy would be restored. ”

“ Wagner then declared, "At this moment, the nationalist government of Germany is stepping forward in the Bürgerbräukeller. Simultaneously, all over Germany the nationalist revolution is breaking out. Nationalist brigades are already marching on Berlin from all directions. Tomorrow Munich will march. Behind the movement stand Ludendorff and Lossow with the entire 7th Division, Pöhner and Colonel Seisser with the Bavarian Landespolizei, and Hitler and his Kampfbund. Ludendorff has ordered that the Infantry School place itself immediately under Rossbach's command and function as shock troops. ”

“ The defendants dismissed the government. That is, they wanted to prevent the government from acting. The formation of a new government can even less be construed as an act of self-defense. For after the deposal of the previous government, there was practically no one who could have made the required attack without violating Article 53 of the Criminal Code, against which the presumed act of self-defense--i.e. the formation of a national government-was directed.
An emergency situation cannot be used as a reason for the action of the defendants. ”

“ The Hitler troops would have to rule the city and pretend to have a larger force by constantly moving about. Everyone expressed the hope that the troops would not have to fight against the black, white, and red banner.
Hitler, Kriebel, Ludendorff, and their staff, because they no longer felt safe at the Wehrkreiskommando, returned to the Bürgerbräukeller between 6:00 and 7:00 in the morning. Only Röhm and his men, on Ludendorff's orders, remained at the Wehrkreiskommando to stop the Reichswehr. ”

“ Therefore, an illegal attack by the government against anyone is out of the question. There is no basis for actual self-defense, not even for presumed self-defense; if the government had allegedly committed the crime of negligence, the defendants should have acted in presumed self-defense by having forced the Reichsregierung to take those measures which they thought were necessary. ”

“ As far as the Bavarian government is concerned, the arrest of 50 percent of all ministers was already an important step towards accomplishing the goal. During the trial, some defendants asserted that the coup was a success; therefore, they maintained, they had not committed an offense under the legal principle that only an unsuccessful coup is punishable, while a successful one is not. Actually, however, the defendants were still a long way from having authority over the Reich or over the State of Bavaria. ”

“ The Berlin government has been banished to the devil. In its place stands a national dictatorship with Ludendorff as Commander of the National Army, Lossow as Army Minister, Seisser as Minister of Police, and myself as political leader." Hitler thanked the brigades for their cooperation and bound them to honor future obligations. He also thanked Röhm in particular for his brotherhood under arms. ”

“ Hitler is German-Austrian. He considers himself to be a German. He is a man who thinks and feels as a German. He fought in the German army for four and one-half years. He received high honors for outstanding courage in action. ”

“ If the holder of the state authority is attacked by force and he, or any of his appointed officials, are deprived of their unencumbered right to govern, then it is of no importance whether this was done for a longer or a shorter period of time. ”

“ Hitler then drove with Dr. Weber to the Pioneer garrison and to the 19th Regiment's barracks and was convinced that the Reichswehr had secured both and that the organizations of the Kampfbund had encountered resistance. After his return to the Bürgerbräukeller, Hitler addressed the assembled troops of the Kampfbund.
In the meantime, Major Siry volunteered to get information about the whereabouts of Lossow and the Reichswehr's attitude. On the orders of Hitler, Ludendorff, and Kriebel, the Major made his way to the Reichswehr garrison, but he was arrested there and was unable to return. ”

“ Negotiations were carried on with a leader of the Landespolizei in front of the Generalstaatskommissariat. The students prepared to exchange fire with the police. Finally, however, Ludendorff's command rang out: "Pull back." The cadets, led by Rossbach, then marched to the train station and from there to the Infantry School. Here, the true position of Kahr, Lossow, and Seisser was made known. Rossbach, however, was able with Wagner's help to hold together a large number of cadets and lead them back to the Bürgerbräukeller. ”

“ For months, even for years, it had been their aim to compensate for the high treason of 1918 by committing an act of liberation. As the prosecution indicated, their openly stated objectives were not resisted with the necessary resolute actions. Thus, matters developed to such a point that an action had to be taken because the aroused spirits could not longer be contained. Hitler stressed this repeatedly. The Court therefore cannot assume that the attack at the Bürgerbräukeller was a conscious breach of promise on the part of the defendants. ”

“ It is the function of the judiciary to uphold the law ( Meyer, Lehrbuch des deutschen Strafrechts, 4th ed., p. 23) . It is a matter-of-course that sympathies or antipathies towards the accused or towards the offense can be of no consideration whatsoever. ”

“ Ludendorff, Kriebel, and Röhm sent a Lieutenant Alois Hecker to Lossow requesting him to attend a meeting at the Wehrkreiskommando. At this point, Kriebel said to Hecker, " Hecker, you are our last hope. You must go to the garrison and see to it that Lossow comes to this meeting with Ludendorff. Everything depends on it. There seems to be several misunderstandings which must be cleared up immediately." ”

“ The contents of the order was, roughly, "The national dictatorship of Kahr-Hitler-Ludendorff has just been called forth. You are to come to Munich with any and all men, as swiftly as possible, and report to Lieutenant Colonel Kriebel. ”

“ It seems that the defendants wanted only to claim self-defense against an inefficient administration of national affairs. It is possible that the claim of self-defense against unlawful negligence is justifiable. However, we can speak of unlawful negligence only if a legal standard prescribes a certain behavior. But the administration of government is strictly a matter of political and statesmanlike judiciousness ”

“ Soon after Kahr, Lossow, and Seisser had entered the adjoining room, Kriebel ordered that Frick, who was at Police Headquarters, and those attending the Löwenbräukeller meeting be notified. This order was carried out by telephone and by messengers.
When news reached the Löwenbräukeller, there was tremendous rejoicing. On orders from Röhm and Brückner, the people left the hall and assembled in the Stiglmaierplatz to march to the Bürgerbräukeller. ”