Arrest And Trial Documents

In the criminal case against real estate agent Benno Israel Neuburger from München.

Born March 4, 1871, in München, married, no criminal record or warrant, standing (trial) for the preparation of high treason in the People’s Court, 2nd Chamber, on the ground of main hearing July 20, 1942, in which the following persons took part as judges:

Vice President of the People’s Court — Engert.
Chamber Controller (Kammerger)
Granzol Gauamtleiter — Fischer
Main judge (Gaurichter) Kafeller
Regional Head (Kreisleiter) (District leader) Plankensteiner

As agent of the above: State defense counsel Dr. Meier
As expert for the business part: Law secretary Wohike

It was ordered: The accused, Benno Israel Neuburger, for the preparation of high treason, is sentenced to death. All court costs will be upon him. By law.

In the name of the German People:

The accused went to the public and now classical school and afterwards took a course in commercial dealings. His father was in real estate. The accused later worked in business with his father and upon the latter’s death took control of that business.

In 1915 he had an estate of 160,000 Marks of which, during the time of devaluation, he lost a great amount. Now he had to live on a very small portion of his previous fortune.
The accused is a full-blooded Jew. Both of his children emigrated to the U.S. a few years ago. Since then, his son has supported him.

He did not belong to a political party, but sympathized with those who had a liberal point of view. He has no criminal record so far.

The manner in which the national socialist government treated the Jewish people infuriated him. He gave vent to his feelings by attacking national socialism and taking action against the Fuhrer.

From September 1941 until February 1942 he mailed 14 postcards in mailboxes. On them he attacked Hitler. The contents of the postcards is the following:

1. Postcard of September 20, 1941, “The mass murderer Hitler, ‘Pfui’ “(spit on him).

2. Postcard of September 30, 1941, “Hannover Mannheim Pfui. Hitler Pfui”.

3. Postcard of October 1, 1941, “The swineherd’s dog Hitler” and on the place for messages, “Murderer”.
The other postcards are of defaced pictures of Hitler.

4. The postcard of January 11, 1942 has the word “Heil” on the stamp and over Hitler’s picture the word ‘Murderer’. Under the picture were the words “God is in Heaven. Hitler is a horrible person. God decides for all people and doesn’t tolerate other gods”.

5. Postcard of January 12, 1942 has the word “Robespierre” above the stamp and “Pfui” on the stamp itself as well as a cross to the left of the stamp and one underneath it.

6. On the postcard of January 14, 1942 there is the word “them” on the top half of the stamp, then a long line and a phrase across the stamp “Hail the new God of 1933 – 1943”. And then there is the phrase in capital letters “Is that right?”

7. On a postcard of January 17, 1942, there is the word “Tyrant” across the Fuhrer’s picture. Then there is an addition, “Pile of rubbish”.

8. On the postcard of January 22, 1942, under the stamp there is a phrase, “As long as there is an idiot, the world is also so”, and in the text part there is “meanness”.

9. On postcard 9 of January 23, 1942, there is the word “Heil” and across the picture of the Fuhrer “Terror power” and under the stamp, “the new God”. On the text part of the card, “the murderer of 5,000,000”.

10. The postcard of February 10, 1942, has on the stamp the word “Hitler” and across the stamp there are the words: “Dog, murderer”. And below, “Bandit, scoundrel, criminal”. And to the left and below the stamp there is a cross.

11. On the postcard of February 21, 1942, the head of the Fuhrer is thickly crossed and there is written ” ? ” and “criminal” below the stamp.

12. On the postcard of February 23, 1942, the head of the Fuhrer is also crossed. There is a word below, “A Painful death” and to the left “Beast”, and then below, “Murderer, rascal”.

13. On the postcard of the same date above and across the stamp there are the words “Here is the bloody dog”.

14. The last postcard, of February 28, 1942: There is an inscription above the stamp “The dog” and “murderer” under it. And there is a thick cross over the picture of the Fuhrer and a picture of a triangle in the form of three dots.

On postcard 9 the accused declared that 10,000,000 Jews lived in Europe and half of them were in danger of extermination.

All postcards when removed from the postboxes came to the main post office where they were given to the secret state police. The act of the accused was verified when the postcard of February 12, 1942 bore the stamp of his business firm. Neuburger overlooked that and thus incriminated himself.

The accused admitted that he wrote and mailed the postcards. He did this because he was bitter about the struggle of the Jewish people under the Nazis. He said that his children would have lost their jobs and had therefore immigrated. He himself had to give up his home. In no way had he thought that he committed treason. He didn’t think he had done anything wrong; he was crazy.

According to the Bavarian use of insanity he could not be held responsible for his actions, but since the accused wants to fall back on law STOG his defense fails. The accused can’t claim insanity or temporary insanity. He made a very good and sane impression during the main deposition.

Also, the clerk who wrote it down saw not the slightest trace of insanity in Neuburger. The Chamber is also convinced that the accused has all his faculties and had them at the time of the crime.

In so far as the accused wrote and mailed the postcards, he opened a fight against the person and personification of the Fuhrer. His goal was to bring to light and to change the political stance of the Nazis against the Jews.

This goal could not be achieved through legislation. The enemy powers who sought to instill Nazism in the people, had to resort to force. To this end they make every effort to buy confidence of the people in their government, and through the spread of misconceptions open the door for the Nazis.

Preventing this goal is what the accused had in mind when he testified before the chamber. That he wanted the disappearance of Hitler is expressed in the postcard of January 14, 1942. In it he says: “Hail the new God of 1933 – 1943”. He meant that Hitler, whom the accused sarcastically called the new God, should disappear in 1943.

The punishable offense of the accused is that he made treasonous efforts to achieve his goal to change the existing circumstances. The accused chose to prepare high treason, this via the mass influence of his writings. By throwing the postcards in the mailboxes, he knew they couldn’t be overlooked; that they would come in contact with postal workers and go through many hands until they arrived at the central office and were turned over to the police.

Thus, the accused could test the effect of his poisonous work (before a war tribunal) and at the same time he and the entire Jewish population could prepare for desired changes in the political arena and for the removal of the Fuhrer.

The accused also declared in Munich in 1941 and 1942 that his task was the presentation and dissemination of literature to influence the masses. The punishment for the accused in is Law S 83,3 StBR.

Neuburger has made a sly and prejudicial assault on the German people. His first assault was on the Fuhrer whose personality he sought to defile with shameless scoldings (slanders?). His intent was the collapse of a people and their administrative authority.

The crime was committed during wartime when the fate of our country is to be decided. In a time when it’s necessary for the home front to build a strong support for the battlefield he tried to awaken misunderstandings and to destroy the unshakeable spirit to carry on through thick and thin.

For such a crime and for the security of the nation the appropriate atonement is the death penalty.

There is no question of recognition of a code of honor since Neuburger, as a Jew, doesn’t take part in the code of honor of the general public. There is also no reason to undergo tests to confirm his sanity, ie. that the accused doesn’t possess the ability to function for the rest of his life.

Because of Law 33 and 34 STGB and other laws, the participation of Jews is, anyway, out of the question and is forbidden. It is expected that judges and notaries (?), for the purpose of discharging Jewish justice, will not advance the cause of those Jews going to prison or given the death penalty.

To expect a denial of this law would suggest an underestimation of their positions. Such can never be the case. The cost of the trial must be borne by the accused.