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Hitler's First Victims: And One Man's Race for Justice, by Timothy W. Ryback

Hitler's First Victims: And One Man's Race for Justice, by Timothy W. Ryback



Hitler's First Victims: And One Man's Race for Justice, by Timothy W. Ryback

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Hitler's First Victims: And One Man's Race for Justice, by Timothy W. Ryback

Before Germany was engulfed by Nazi dictatorship, it was a constitutional republic. And just before Dachau Concentration Camp became a site of Nazi genocide, it was a state detention center for political prisoners, subject to police authority and due process. The camp began its irrevocable transformation from one to the other following the execution of four Jewish detainees in the spring of 1933. Timothy W. Ryback's gripping and poignant historical narrative focuses on those first victims of the Holocaust and the investigation that followed, as Josef Hartinger sought to expose these earliest cases of state-condoned atrocity. Although his efforts were only a temporary roadblock to the Nazis, Ryback makes clear that Hartinger struck a lasting blow for justice. The forensic evidence and testimony gathered by Hartinger provided crucial evidence in the postwar trials. Hitler's First Victims exposes the chaos and fragility of the Nazis' early grip on power and dramatically suggests how different history could have been had other Germans followed Hartinger's example of personal courage in that time of collective human failure.

  • Published on: 2016-02-04
  • Original language: English
  • Number of items: 1
  • Dimensions: 7.80" h x .75" w x 5.08" l, .52 pounds
  • Binding: Paperback

Review
"A chilling, lawyerly study with laserlike focus." ---Kirkus

About the Author
Timothy W. Ryback is the author of Hitler's Private Library, which appeared on the Washington Post Book World best nonfiction list, and The Last Survivor, a New York Times Notable Book. He has written for the Atlantic Monthly, the New Yorker, the Wall Street Journal, and the New York Times. He lives and works in Paris.

A native of the United Kingdom, AudioFile Earphones Award winner Derek Perkins's audiobook narration skills are augmented by knowledge of three foreign languages, experience of traveling the globe, and a facility with accents. He has narrated numerous titles in a wide range of fiction and nonfiction genres.

Excerpt. © Reprinted by permission. All rights reserved.

1

Crimes of the Spring

Thursday morning of Easter Week 1933, April 13, saw clearing skies that held much promise for the upcoming holiday weekend. Mild temperatures were foreseen for Bavaria as they were throughout southern Germany, with a few rain showers predicted for Friday, but brilliant, sunny skies for the Easter weekend. Previous generations hailed such days as Kaiserwetter, weather fit for a kaiser, a playful gibe at the former monarch’s father, who appeared en plein air only when sufficient sunlight permitted his presence to be recorded by photographers. In the spring of 1933, some now spoke in higher-spirited and more reverential tones of Führerwetter. It was Adolf Hitler’s first spring as chancellor.
 
Shortly after nine o’clock that morning, Josef Hartinger was in his second-floor office at Prielmayrstrasse 5, just off Karlsplatz in central Munich, when he received a call informing him that four men had been shot in a failed escape attempt from a recently erected detention facility for political prisoners in the moorlands near the town of Dachau. As deputy prosecutor for one of Bavaria’s largest jurisdictions—Munich II—Hartinger was responsible for investigating potential crimes in a sprawling sweep of countryside outside Munich’s urban periphery. “My responsibilities included, along with the district courts in Garmisch and Dachau, all juvenile and major financial criminal matters for the entire jurisdiction, as well as all the so-called political crimes. Thus, for the Dachau camp, I had dual responsibilities,” he later wrote.
 
Deputy Prosecutor Hartinger was a model Bavarian civil servant. He was conservative in his faith and politics, a devout Roman Catholic and a registered member of the Bavarian People’s Party, the centrist “people’s party” of the Free State of Bavaria, founded by Dr. Heinrich Held, a fellow jurist and a fierce advocate of Bavarian autonomy. In April 1933, Hartinger was thirty-nine years old and belonged to the first generation of state prosecutors trained in the processes and values of a democratic republic. He pursued communists and National Socialists with equal vigor, and since Hitler’s appointment as chancellor had watched the ensuing chaos and abuses with the confidence that such a government could not long endure. The Reich president, Paul von Hindenburg, had dismissed four chancellors in the past ten months: Heinrich Brüning in May, Franz von Papen in November, and Kurt von Schleicher just that past January. There was nothing preventing Hindenburg from doing the same with his latest chancellor Adolf Hitler.
 
Until then, Hartinger’s daily commerce in crime involved burned barns, a petty larceny, an occasional assault, and, based on the remnant entries in the departmental case register, all too frequent incidents of adult transgressions against minors. Forty-one- year-old Max Lackner, for example, was institutionalized for two years for “sexual abuse of children under fourteen.” Ilya Malic, a salesman from Yugoslavia, was arrested after he “forced a fourteen- year-old to French-kiss.” Hartinger spoke discreetly of “juvenile matters.” Homicides were rare. The only registered murder for those years was a crime of passion committed by forty-seven-year-old Alfons Graf, who put four bullets into the head of his companion, Frau Reitinger, when he discovered her in the back of his company car with another man.
 
But that year, following Hitler’s January appointment as chancellor and the dramatic arson attack a month later that saw the stately Berlin Reichstag consumed in a nightmare conflagration of crashing glass, twisted steel, and surging flames, the jurisdiction was swept by an unprecedented wave of arrests in the name of national security. In Untergrünberg, the farmer Franz Sales Mendler was arrested for making disparaging remarks about the new government. Maria Strohle, the wife of a power plant owner in Hergensweiler, told a neighbor that she heard Hitler had paid 50,000 reichsmarks to stage the arson attack on the Reichstag; she was sentenced to three months in prison, as was Franz Schliersmaier in Bösenreutin, who put the amount at 500,000. One Bavarian was indicted for comparing Hitler to Stalin, and another for calling him a homosexual, and still another for suggesting he did not “look” German. “Hitler is a foreigner who smuggled himself into the country,” Julie Kolmeder said at a Munich beer garden a few streets from Hartinger’s office. “Just look at his face.” A Munich coachman crossed the law with the indelicate aside, “Hitler kann mich im Arsch lecken.” Euphemistically: Hitler can kiss my ass. More than one person was prosecuted for calling a Nazi a “Bazi.”1 Thousands of others were taken into Schutzhaft, or protective custody, for no apparent reason at all.
 
The shooting of four men in a failed escape from the Dachau Concentration Camp must have struck Hartinger’s Roman Catholic sensibilities as particularly unfortunate, coming as it did just two days before Good Friday and amid an appeal by the archbishop of Munich and Freising for an Easter amnesty. “In the name of, and on behalf of, the Bavarian bishops, I have the honor, Your Excellency, to extend the following request,” the stately and imperious Cardinal Faulhaber had written Bavaria’s Reich governor on April 3, “that the investigation procedure for those in protective custody be expedited as quickly as possible in order to relieve the detainees and their families from emotional torment.” Faulhaber expressed the desire that the detainees could be home in time for the Easter weekend, reminding the governor that there was no occasion more sacred to Christians than the Eastertide. “If because of time constraints the investigations cannot be completed by Good Fri­ day,” Faulhaber proposed, “then perhaps out of pure Christian and humanitarian grounds, an Easter amnesty can be granted from Good Friday until the end of Easter.” The cardinal reminded the governor that in December 1914 Pope Benedict XV had invoked a Christmas armistice that stilled weapons on both sides of the front. What worked in a time of war must certainly work in peacetime, was the suggestion. Indeed, the previous month Chancellor Hitler himself had stated that his “greatest ambition” was to “bring back to the nation the millions who had been misled, rather than to destroy them.” What better way to instill a sense of national loyalty than through a gesture of Christian clemency on the holiday celebrating the resurrection of Jesus Christ? In this deeply Catholic corner of the country, when the archbishop of Munich and Freising, the oldest and most powerful of the state’s bishoprics, spoke, the vast majority of Bavaria’s four million Catholics listened, and on this occasion so did its political leadership.
 
A week later, the state interior minister, Gauleiter Adolf Wagner, responded on the Reich governor’s behalf.2 “Most Honorable Herr Cardinal, I have the honor of responding to your letter to the governor of April 3, 1933,” he wrote, “to inform Your Eminence that we are in the process of reviewing the cases of everyone currently in detention, and that by Easter more than a thousand individuals will be released from protective custody.” Wagner conveyed additional good news. The state government would permit Easter Mass to be celebrated among those practicing Roman Catholics who remained in detention as long as it did not constitute “a burden to the state budget.” Wagner recommended that “the responsible religious authorities should be directly in contact with the administration of the individual detention camps, whom I will provide corresponding instructions as to how to deal with this matter.”
 
But now, amid heartening news of the Easter amnesty, came news of the deaths at Dachau. The call to Hartinger that Thursday morning was conducted in conformity with Paragraph 159 of the Strafprozessordnung, or Criminal Procedure Code, which required police officers “to report immediately to the prosecutor or local magistrate” any case in which “a person has died from causes other than natural ones.” Paragraph 160, in turn, obligated Hartinger to take immediate action: “As soon as the prosecutor is informed of a suspected criminal act, either through a report or by other means, he is to investigate the matter until he has determined whether an indictment is to be issued.” In compliance with his Paragraph 160 responsibilities, Hartinger called Dr. Moritz Flamm, the Munich II medical examiner, who was responsible for conducting postmor­ tem examinations and autopsies in criminal investigations.
 
Hartinger liked Dr. Flamm. Both men had previously worked in Munich I, Hartinger as an assistant prosecutor and Flamm as a part­time assistant medical examiner. Like Hartinger, he was a man of keen intelligence who had earned perfect grades in school. And like Hartinger, Flamm was a man of sterling professionalism. Flamm autopsies were models of precision and efficiency— not a moment wasted, not a detail overlooked. Often thirty pages in length, they could withstand the most rigorous scrutiny in a court of law. Flamm was particularly proficient in bullet wounds. He had completed his medical training at the Ludwig Maximilian University of Munich in July 1914, just in time to join the 2nd Bavarian Infantry Regiment. He was dispatched to the front in August 1916 with the 3rd Medical Company, where he served meritoriously, earning an Iron Cross, the Bavarian Military Order, and the Friedrich August Cross. “Particularly noteworthy is his absolute reliability and his medical professionalism that make him, without question, suited for any type of service,” the company surgeon had commented after the war. “At the front [Flamm] became virtually indispensable as the situation with medical sup- plies deteriorated,” he wrote, “all the while demonstrating a seemingly inexhaustible dedication to his work.” The surgeon observed that Flamm was notably “modest” and “by nature rather sensitive,” but possessed of intelligence, sound judgment, and humor even “in the most desperate situations.” The surgeon said he had come to know in Flamm a physician “for whom one can only wish full and well-deserved recognition and in good conscience can provide unqualified praise.” Flamm’s handwriting, precise and refined, with playful, elegant flourishes, reflects his calm and easy competence.
 
Flamm also demonstrated a fierce independence and willing- ness to act on his conscience when circumstances demanded. In the spring of 1919, amid a failed Bolshevik coup that saw thousands taken into protective custody—with and without cause—he exercised his authority as chief physician of a military hospital to order the release of two patients who were being detained on suspicion of collaborating with communists. Flamm was accused of Bolshevik sympathies, but was taken into “personal protection” by his superior, who vouched for him “administratively, professionally, and politically” and insisted that he was a man free of “any personal, moral, or political blemish.” After two years with Flamm in Munich II, Hartinger had come to share the same high regard. In addition, Flamm had a driver’s license and his own motorcar.
 
1.     The word Bazi can be translated as “swindler” or “scoundrel,” and derives from the Bavarian dialect, as does the word Nazi, a shortening of the word Nationalsozialist, but also an old nickname for Ignatius, a popular Bavarian name commonly associated with a country bumpkin, and applied disparagingly to Hitler followers. A Nazi never called another Nazi a “Nazi.” They referred to each other as National Socialists or “party comrades.
2.      The Gauleiter, or district leader, was the Nazi Party official responsible for local affairs. These Nazi Party districts corresponded to the thirty­three voting districts for the Reichstag elections. In 1941, the number of Gauleiter and corresponding districts was increased to forty­three.

Most helpful customer reviews

4 of 4 people found the following review helpful.
That "journey of a thousand miles" began with single steps into evil -- the first murders of Jews and Bolsheviks. Dachau 1933.
By George N. Schmidt
When many of us were young, we were heartened by the statement "A journey of a thousand miles must begin with a single step..." And of course being young and American, we saw that step in a positive direction. But what if those first steps were a journey into unspeakable evil that will never be forgotten as long as our histories are written for the most part by decent and civilized women and men? As we learn from "Hitler's First Victims: The Quest for Justice" (by Timothy W. Ryback), an evil journey has to also begin with a few steps. The "Final Solution to the Jewish Problem" and the Holocaust didn't begin with the German invasion of Poland (and later, the Soviet Union) or at the Wansee conference, but much earlier. And we finally have a book to explain how those first few murders, at Dachau in 1933, slowly began the process by means of which Heinrich Himmler and the SS trained and vetted the cadre of men (and a few women) who would go on to murder six million European Jews and millions of other "Untermenschen" between the beginning of Nazi power in Germany in 1933 and the final defeat of the Nazi military machine by the combined allied forces in 1945.

"Hitler's First Victims" tells a tiny story of a few men from the old Germany who tried to continue a tradition of justice as the Nazis began inventing the horrors of the concentration camps outside the small Bavarian city of Dachau in 1933. It is mainly the story of a German lawyer, Josef Hartinger, a prosecutor in Bavaria who insisted on leading the investigation into the first murders by the SS at the newly created concentration camp outside Dachau during the first half of 1933. Although Hartinger was not successful in prosecuting the SS men who had committed murders within the first six months after the opening of the camp, his meticulous (some would proudly say, without irony, "Germanic") documentation came alive, so to speak, later when the Nuremburg Trials brought many of the surviving top Nazis to a form of Western justice in the late 1940s and early 1950s (the Russians on the other side of the Cold War line were much less meticulous in their dealings with the Nazis they caught by the war'd end, just as they were less civilized in their treatment of Germans as their armies moved towards Berlin from late 1944 through May 1945, but that's another story worth studying at another time and place...).

Joseph Hartinger learned that four Jewish detainees (most of them "communists" or socialists) had been "shot while trying to escape..." during the opening months of Dachau the concentration camp. (One of the ironies that Ryback makes clear is that prior to the days of Nazism, Dachau was known as a center for the arts!). Hartinger was a German nationalist, but not a Nazi, and he was well schooled in the law, which said that prisoners were not to be tortured or murdered in German prisons. And so, with the help of assistants, he documented the murders of the first four victims of the SS, and then went on to document more murders (and tortures) at Dachau until blocked as Nazi laws took hold in late 1933. Amazingly, Hartinger's records survived the war, and his materials proved useful to prove, at Nuremberg, that from the beginning Nazism was a criminal enterprise that murdered its domestic enemies long before its armies conquered lands east and west and its agents got a free hand to murder on a massive scale from Poland and France to Russia and the Scandinavian countries.

It's worth noting the names of those first four murder victims: Rudolg Benario, Ernst Goldmann, Arthur Kahn, and Erwin Kahn. First taken into "protective custody" by the new Nazi government of Bavaria and put under SS control at the newly opened Dachau concentration camp, the four were dead within a few weeks after being taken from their families. Over the subsequent months, the Nazi guards at Dachau tortured (through beatings from the feet to the shoulders) their victims, then killed them in various ways, usually claiming that the victims had "committed suicide" or were shot "trying to escape." Josef Hartinger not only documented the fact that these men had been murdered, but even provided photographs of the back of one of the victims (Sebastian Nefzger), showing the scarring that resulted from the vicious beatings he had suffered before he allegedly "killed himself." The photo of Nefzger's corpse (one of many astonishing photographs in this book) reminded me of those photographs of the scarrings of slaves from the slave eras in the United States. But unlike American slaves, the Nazis' victims were not useful and productive "property" at the time they were tortured, so their murders were the beginning of a long road to the depths of evil not contemplated prior to what Nazism became and did.

One of the appalling facts that comes out clearly in Ryback's book is that more detailed attention by reporters to what the Nazis were doing might have slowed them down early. But over and over there was a "Munich" style version of reality competing with the facts for public attention in the nations that all wanted to avoid a repeat of what then was called "The Great War." And Ryback also notes how much value Hitler placed on good public relations from the first days of his power, forcing the government to allocate special funds for positive PR in nations like England and the United States from the middle 1930s on. Sadly, as we know, it worked in many cases. In league with many of the anti-Semites and racists who formed the majority of white Americans during those years, the apologists for Nazism, from Henry Ford to Charles Lindburg, managed to keep the drums beating for "Common Sense Neutrality" despite the invasions and conquests of Poland, then France, by the German armies. It was only with one of Hitler's more arrogant mistakes -- his declaration of war on the United States following Pearl Harbor in December 1941 -- that the majority of U.S. elected officials were able to united behind the President and the war against fascism in Europe and Japanese imperialism in the Pacific beginning in late 1941 and escalating through 1945, when the sheer industrial might of the United States helped pulverize Hitler's Reich and divide Germany after forcing its unconditional surrender.

But when the war ended, the question remained how did all that happen? Not just aggressive war (which was one of the Nuremberg charges) but how did the enslavement of millions of people from the "East" and the liquidation of six million Jews (gypsies, and special needs people) in the vast number of concentration camps happen? And so, that journey began when the murderers and torturers at Dachau and their Bavarian leader (Heinrich Himmler) got away with it despite the work of Josef Hartinger and his staff in 1933.

And it was not as if the "world" was not informed about what was going on at Dachau long before the Germany armies conquered Poland and created the death camps the most famous of which is Auschwitz. The crematoriums at Auschwitz were first put into operation almost a decade after Himmler's SS buddies in Bavaria began murdering in 1933. And the story was told early, too. One of those tortured by the Dachau guards, a communist named Hans Beimler, escaped and published a book with the German title "im Morderlager Dachau" in 1933! But because Beimler was a commie and a Jew, it became easy for the anti-communists and anti-Semites of the democracies to continue to ignore the facts. The ignoring of the "Final Solution" began long before the term "Final Solution" was invented.

This book documents its sources well, and recognizes that today one of the most important sources of information consists of photographs and documents. And so the book not only provides the critical reader with a 22-page Appendix (the complete indictment prepared by Hartinger) but 35 pages of footnotes -- and 16 pages of amazing photographs of people, places and documents. The final photograph of the gate of Dachua with the infamous slogan "Arbeit Macht Frei" (work makes you free) should to this day send chills to anyone who is trying to understand the complex roots of the histories that gave rise to our present world -- and the ideologies we still face in it.

0 of 0 people found the following review helpful.
Kenneth Ellman reviews Hitler's First Victims by Timothy W. Ryback, A Snapshot Into the Human Mind, November 13, 2016
By Kenneth Ellman
Kenneth Ellman reviews Hitler's First Victims by Timothy W. Ryback, A Snapshot Into the Human Mind, November 13, 2016
From Kenneth Ellman, Box 18, Newton, New Jersey 07860. Email: ke@kennethellman.com , November 13, 2016

Sometimes, you may sit back and wonder how it came to be that human beings kill, torture and murder each other with such regularity. However, when an entire people or nation, rises up and attacks and destroys their fellow human beings, including helpless children, handicapped and other defenseless persons, an additional question may arise in our minds.
That question is: ”Where was our Law?” If you try to answer this question, it is a haunting of what it means to have a human mind.

It is a good question to ask since from far back in our human history, going back before the Romans of Italy, and the Greeks of Athens, “Law” existed wherever there was a Civilization or Community. The Old Testament, the Torah of the Jews, was itself a Law Book, as much as a revelation. When “Law” fails, we may further wonder: “What takes its place?” Perhaps this well documented presentation of a searing snapshot into just such a question and modern reality provides an answer we will not like but must accept. After reading this book it is a reminder that when the “Law” fails, nothing, absolutely nothing, takes it place.

SO we have here in this concise one volume 273 page account a detailed factual demonstration of the Criminal Justice System of Germany in 1932/1933, conducting an extraordinary Criminal Investigation of the torture and murder of German citizens/prisoners in the Dachau Concentration Camp. At this point the Government and Law of Germany was in transition but not yet in the full and complete control of the new Nazi Government. Here you can see those steps and moments before the “Law” ceased to exist and the moment when there was Law no more .

As the Law is a human activity, there are always individual human beings, making decisions, interacting with each other and acting upon what they see, do and believe. Here two men tend to stand out as their Official acts, in course of their Official duties, is well documented and preserved from that time in Germany. Josef Hartinger, holding Office as Deputy Prosecutor in the Munich II District of Bavaria, who was previously awarded an Iron Cross in World War 1 and Dr. Moritz Flamm, the Munich II District Medical Examiner both received reports of deaths in Dachau. Together they investigated and sought Prosecution for that torture and murder. These two extraordinary men with others, worked together in what to us today would be a completely normal and expected activity of a Criminal Justice process seeking Truth, Justice, Law and accountability.
However in the Germany of Nazi control, then confronting the Law of Germany, Hartinger and Flamm would answer our question of “When Law Fails, What Takes its Place”. The clarity shown by this modern stark reminder gives reality to the words of Sir Thomas Moore many centuries before. Nothing takes its place.

This book details the utterly amazing dedication of this small group of men to the Law then in effect in Germany and to which they were sworn to uphold and enforce. At that time in Germany, the transition to Nazi control not yet having been completed, the truth finding function of the Law can be seen striping away the criminality of the Nazi Government. Then, in a moment, the Law ceases to exist. The historical record revealed by this book and the documentation upon which it is based must be taught in our schools so it can be seen and believed and so men like Hartinger and Flamm can inspire. Kenneth Ellman, Box 18, Newton, New Jersey 07860. Email: ke@kennethellman.com

3 of 3 people found the following review helpful.
Terrific but emotional read, highly recommend
By M. Pool
Well researched, riveting book that captures the rapid pace that Germany's legal institutions were undermined and perverted after Hitler rose to power in January 1933 through the detailed examination of the first deaths at the Dachau concentration camp. Hartiger's determination for justice is inspiring, but the depravity and violence of the SS guards are disgusting and the Nazis' cynical corruption and manipulation Germany's institutions are shocking. I learned much about the history of Germany in the immediate post-WWI period that I was unaware.

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