Heinrich Tillessen (27 November 1894 – 12 November 1984) was one of the murderers of
Matthias Erzberger
Matthias Erzberger (20 September 1875 – 26 August 1921) was a German writer and politician (Centre Party), the minister of Finance from 1919 to 1920.
Prominent in the Catholic Centre Party, he spoke out against World War I from 1917 and as a ...
, former German minister of finance of the
Centre Party. One of his brothers was Karl Tillessen, deputy of
Hermann Ehrhardt
Hermann Ehrhardt (29 November 1881 – 27 September 1971) was a German naval officer in World War I who became an anti-republican and anti-Semitic German nationalist Freikorps leader during the Weimar Republic. As head of the Marinebrigade E ...
in the . The other accomplice in the crime was
Heinrich Schulz. The trial of Heinrich Tillessen was held in postwar Germany, and received widespread attention from the public and from legal experts, exemplifying numerous problems in the judicial processing of crimes committed before and during the Nazi period.
Youth
The father of Heinrich Tillessen was an artillery officer. His mother Karoline was Dutch. He grew up with ten siblings (three brothers and seven sisters) in
Cologne
Cologne ( ; german: Köln ; ksh, Kölle ) is the largest city of the German western States of Germany, state of North Rhine-Westphalia (NRW) and the List of cities in Germany by population, fourth-most populous city of Germany with 1.1 m ...
,
Metz
Metz ( , , lat, Divodurum Mediomatricorum, then ) is a city in northeast France located at the confluence of the Moselle and the Seille rivers. Metz is the prefecture of the Moselle department and the seat of the parliament of the Grand E ...
, and
Koblenz
Koblenz (; Moselle Franconian language, Moselle Franconian: ''Kowelenz''), spelled Coblenz before 1926, is a German city on the banks of the Rhine and the Moselle, a multi-nation tributary.
Koblenz was established as a Roman Empire, Roman mili ...
- the garrison locations of his father. One of his brothers was Admiral Werner Tillessen. The family was considered strictly Catholic. When the father retired in 1904, the family moved to Koblenz.
Military
Following the death of his father and mother (1910 and 1911), Heinrich Tillessen left school and joined the
Imperial German Navy
The Imperial German Navy or the Imperial Navy () was the navy of the German Empire, which existed between 1871 and 1919. It grew out of the small Prussian Navy (from 1867 the North German Federal Navy), which was mainly for coast defence. Wilhel ...
as a midshipman on 1 April 1912. On 12 April 1914, he was promoted to
Fähnrich zur See
''Fähnrich zur See'' (Fähnr zS or FRZS) designates in the German Navy of the Bundeswehr a military person or member of the armed forces with the second highest Officer Aspirant (OA – german: Offizieranwärter) rank. According to the salary ...
, and to
Leutnant zur See
''Leutnant zur See'' (''Lt zS'' or ''LZS'') is the lowest officer rank in the German Navy. It is grouped as OF1 in Ranks and insignia of officers of NATO Navies, NATO, equivalent to an Ensign (rank), Ensign in the United States Navy, and an Acti ...
on 22 March 1915.
During the First World War he first did service as a deck officer on smaller units. On 13 July 1917 he was transferred to the 17th Torpedo Boat Division, where he was employed under the commander
Hermann Ehrhardt
Hermann Ehrhardt (29 November 1881 – 27 September 1971) was a German naval officer in World War I who became an anti-republican and anti-Semitic German nationalist Freikorps leader during the Weimar Republic. As head of the Marinebrigade E ...
as watch on the leading boat. It was then when he was impressed by Ehrhardt as an energetic and charismatic officer. As part of the extradition of the German navy, he led as commander a torpedo boat to
Scapa Flow
Scapa Flow viewed from its eastern end in June 2009
Scapa Flow (; ) is a body of water in the Orkney Islands, Scotland, sheltered by the islands of Mainland, Graemsay, Burray,S. C. George, ''Jutland to Junkyard'', 1973. South Ronaldsay and ...
. After the scuttling of the fleet there, he had to remain in English captivity in 1920 until the end of July. On 30 July 1920 he was dismissed from the Navy at his own request.
Murder of Matthias Erzberger
Heinrich Tillessen failed to get a foothold in a civilian job. He became a member of the of his former commander and in March 1920 took part in the
Kapp Putsch
The Kapp Putsch (), also known as the Kapp–Lüttwitz Putsch (), was an attempted coup against the German national government in Berlin on 13 March 1920. Named after its leaders Wolfgang Kapp and Walther von Lüttwitz, its goal was to undo th ...
. By then, the dissolution of the Ehrhardt Brigade had already been ordered on 29 February 1920. Heinrich Tillessen joined the successor group in Munich, , which was also led by Hermann Ehrhardt. The stated goal was the implementation of assassinations.
The chief of operations in the Munich headquarters was
Manfred von Killinger
Manfred Freiherr von Killinger (July 14, 1886 – September 2, 1944) was a German naval officer, ''Freikorps'' leader, military writer and Nazi politician. A veteran of World War I and member of the ''Marinebrigade Ehrhardt'' during the Germa ...
, also a former torpedo boat commander. From him Heinrich Tillessen and Heinrich Schulz received in August 1921 the personal mission to assassinate Erzberger. On 26 August 1921 in the morning the two ambushed Erzberger, who was walking there with his party colleague Carl Diez, in a lonely place in the
Black Forest
The Black Forest (german: Schwarzwald ) is a large forested mountain range in the state of Baden-Württemberg in southwest Germany, bounded by the Rhine Valley to the west and south and close to the borders with France and Switzerland. It is t ...
near
Bad Griesbach. The perpetrators fired a number of pistol shots and injured both seriously. Erzberger tried to escape downhill, but collapsed after 10 meters. The perpetrators went after him, and murdered him with head shots at close range.
Escape
The perpetrators initially went back to
Munich
Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the States of Germany, German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the List of cities in Germany by popu ...
. However, the investigators were able to determine their identity very quickly, setting off a search warrant with pictures of the perpetrators. These left Munich on 31 August 1921. Heinrich Tillessen initially hid in the
Alps
The Alps () ; german: Alpen ; it, Alpi ; rm, Alps ; sl, Alpe . are the highest and most extensive mountain range system that lies entirely in Europe, stretching approximately across seven Alpine countries (from west to east): France, Sw ...
, then moved over
Salzburg
Salzburg (, ; literally "Salt-Castle"; bar, Soizbuag, label=Bavarian language, Austro-Bavarian) is the List of cities and towns in Austria, fourth-largest city in Austria. In 2020, it had a population of 156,872.
The town is on the site of the ...
to the
Burgenland
Burgenland (; hu, Őrvidék; hr, Gradišće; Austro-Bavarian: ''Burgnland;'' Slovene: ''Gradiščanska'') is the easternmost and least populous state of Austria. It consists of two statutory cities and seven rural districts, with a total of ...
. In November and December 1921, both perpetrators lived under assumed names in
Budapest
Budapest (, ; ) is the capital and most populous city of Hungary. It is the ninth-largest city in the European Union by population within city limits and the second-largest city on the Danube river; the city has an estimated population ...
. A request by Germany for extradition was rejected by Hungary due to the absence of an Agreement of Extradition. Equipped by his political friends in Germany with a false German passport, Tillessen went to
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
at the end of 1925. In
Madrid
Madrid ( , ) is the capital and most populous city of Spain. The city has almost 3.4 million inhabitants and a metropolitan area population of approximately 6.7 million. It is the second-largest city in the European Union (EU), and ...
he found work and for years lived in a modest middle-class background. He avoided contact with other Germans.
Return and second time in the military
In December 1932, Heinrich Tillessen returned to Germany and took refuge with his siblings in Cologne. On 30 January 1933
Adolf Hitler
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
was appointed chancellor. Already on 21 March 1933 President
Paul von Hindenburg
Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg (; abbreviated ; 2 October 1847 – 2 August 1934) was a German field marshal and statesman who led the Imperial German Army during World War I and later became President of Germany fro ...
signed the so-called (i. e. Impunity Regulation) of 1933. As a consequence of this decree all nationalist political murderers of preceding years were granted an amnesty. Tillessen did not have to hide any longer. He found work again, married and lived in
Düsseldorf
Düsseldorf ( , , ; often in English sources; Low Franconian and Ripuarian: ''Düsseldörp'' ; archaic nl, Dusseldorp ) is the capital city of North Rhine-Westphalia, the most populous state of Germany. It is the second-largest city in th ...
,
Mannheim
Mannheim (; Palatine German: or ), officially the University City of Mannheim (german: Universitätsstadt Mannheim), is the second-largest city in the German state of Baden-Württemberg after the state capital of Stuttgart, and Germany's 2 ...
, and
Heidelberg
Heidelberg (; Palatine German language, Palatine German: ''Heidlberg'') is a city in the States of Germany, German state of Baden-Württemberg, situated on the river Neckar in south-west Germany. As of the 2016 census, its population was 159,914 ...
. On 1 September 1933, he joined the
Nazi Party
The Nazi Party, officially the National Socialist German Workers' Party (german: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP), was a far-right politics, far-right political party in Germany active between 1920 and 1945 that crea ...
(member no. 3,575,464) and the . On 4 September 1939 Tillessen was drafted into the military service, but declared incapable for service on board shortly after. He spent the Second World War on land in the service of the German Admiralty and was released in late 1944 in the rank of
Corvette captain
Corvette captain is a rank in many navies which theoretically corresponds to command of a corvette (small warship). The equivalent rank in the United Kingdom, Commonwealth, and United States is lieutenant commander. The Royal Canadian Navy uses ...
. He returned to his family in
Heidelberg
Heidelberg (; Palatine German language, Palatine German: ''Heidlberg'') is a city in the States of Germany, German state of Baden-Württemberg, situated on the river Neckar in south-west Germany. As of the 2016 census, its population was 159,914 ...
.
Arrest and First Trial
In Heidelberg Heinrich Tillessen was arrested on 4 May 1945 by the American military police and interrogated. He voluntarily confessed to being an accomplice in Erzberger's murder. Heinrich Tillessen remained in custody. On 15 August 1945, a formal arrest warrant was issued.
On 13 May 1946 Tillessen was transferred to
Freiburg im Breisgau
Freiburg im Breisgau (; abbreviated as Freiburg i. Br. or Freiburg i. B.; Low Alemannic German, Low Alemannic: ''Friburg im Brisgau''), commonly referred to as Freiburg, is an independent city in Baden-Württemberg, Germany. With a population o ...
to answer before the competent Baden court. On 26 August 1946, exactly 25 years after the crime, an indictment before the (i. e. District Court)
Offenburg
Offenburg ("open borough" - coat of arms showing open gates; Low Alemannic German, Low Alemmanic: ''Offäburg'') is a city located in the state of Baden-Württemberg, Germany. With nearly 60,000 inhabitants (2019), it is the largest city and the ad ...
to proceedings before the Criminal Chamber was filed.
The board, however, by order of 10 September 1946 rejected the opening of the trial. In their view there was impunity by the Impunity Regulation of 1933. The competent chamber of the Court of Appeal on 30 September 1946 overturned the order of 10 September 1946 and ordered the opening of the trial. The trial took place in November 1946. The prosecution called for the death penalty, the defence for acquittal, citing the Impunity Regulation of 1933. However, the chamber of the court did not follow the reasoning of the prosecution: By verdict announced on 29 November 1946 by Chamber chairman Rudolf Goering (1883-),
[Cord Gebhardt: ''Der Fall des Erzberger-Mörders Heinrich Tillessen'', 1995, S.253] Tillessen was acquitted. Specifically, the Court pointed out that it considered that the Impunity Regulation of 1933 was applicable. The Prosecution immediately appealed, thereby preventing the res judicata effect of the judgement.
The response to this ruling was enormous: The press condemned it as (i. e. shameful verdict).
Second proceedings before the in Rastatt
However, the French occupation organs reacted most consistently: Heinrich Tillessen was intercepted by the French secret service on the date of release from custody, brought to France and interned there.
The French headquartered in
Rastatt
Rastatt () is a town with a Baroque core, District of Rastatt, Baden-Württemberg, Germany. It is located in the Upper Rhine Plain on the Murg river, above its junction with the Rhine and has a population of around 50,000 (2011). Rastatt was a ...
near
Baden-Baden
Baden-Baden () is a spa town in the states of Germany, state of Baden-Württemberg, south-western Germany, at the north-western border of the Black Forest mountain range on the small river Oos (river), Oos, ten kilometres (six miles) east of the ...
as the supreme court for all civil matters in Baden decided to attract the case. Two dates were set: 23 December 1946 for the trial, and 6 January 1947 for the rendition of judgement. Basis of the judgement was the question to be decided whether the (StrFVO) (Impunity Regulation)
of 21 March 1933 adopted by Adolf Hitler was legally binding after 1945.
The judgement of the
Offenburg
Offenburg ("open borough" - coat of arms showing open gates; Low Alemannic German, Low Alemmanic: ''Offäburg'') is a city located in the state of Baden-Württemberg, Germany. With nearly 60,000 inhabitants (2019), it is the largest city and the ad ...
was repealed and the proceeding for a new hearing at the district court in
Konstanz
Konstanz (, , locally: ; also written as Constance in English) is a university city with approximately 83,000 inhabitants located at the western end of Lake Constance in the south of Germany. The city houses the University of Konstanz and was th ...
ordered under the condition that the Impunity Regulation of 1933 should no longer be applied because it had not been passed in accordance with the regulations of the
Weimar Constitution
The Constitution of the German Reich (german: Die Verfassung des Deutschen Reichs), usually known as the Weimar Constitution (''Weimarer Verfassung''), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The c ...
then in effect.
The second trial was held from 25 to 28 February 1947 in Konstanz chaired by District Court Director Anton Henneka. The prosecution called for the death penalty, the defense now pleaded - to avoid that - to manslaughter. The court found Heinrich Tillessen guilty of murder and crimes against humanity under Control Council Law no. 10. The sentence was 15 years of imprisonment. This judgement was final.
Pardon
Soon after the verdict, Tillessen's wife and the defence petitioned for clemency. In May 1952 Heinrich Tillessen received bail, and in December 1952, the remainder of the sentence was suspended. Later on, in March 1958, the sentence was abrogated on clemency. The widow of Matthias Erzberger had argued for pardon.
[Badisches Tagblatt Nr. 267 vom 15. Dezember 1952.]
Heinrich Tillessen again found work, lived in Heidelberg and Frankfurt and in old age, in Koblenz. He died at the age of 89.
Literature
*Cord Gebhardt: ''Der Fall des Erzberger-Mörders Heinrich Tillessen. Ein Beitrag zur Justizgeschichte nach 1945.'' Mohr, Tübingen 1995 (Beiträge zur Rechtsgeschichte des 20. Jahrhunderts, Band 14), .
*Reiner Haehling von Lanzenauer: ''Der Mord an Matthias Erzberger.'' Verlag der Gesellschaft für Kulturhistorische Dokumentation, Karlsruhe 2008 (Schriftenreihe des Rechtshistorischen Museums Karlsruhe, Band 14). .
*Edith Raim: ''Justiz zwischen Diktatur und Demokratie : Wiederaufbau und Ahndung von NS-Verbrechen in Westdeutschland 1945 - 1949''. Oldenbourg, München 2013, . (Zugl.: Augsburg, Univ., Habil.-Schr., 2012).
References
{{DEFAULTSORT:Tillessen, Heinrich
1894 births
1984 deaths
20th-century Freikorps personnel
German assassins
Kapp Putsch participants
Nazi Party members
Organisation Consul members
Sturmabteilung personnel
German people of Dutch descent
Kriegsmarine personnel
People from Cologne