Dr. jur. Franz Pessler (1893-1979): A Lawyer Between Court-Appointed Defence, Political Justice, and Nazi Persecution

Dr Franz Pessler (1893–1979): A Lawyer Between Court-Appointed Defence, Political Justice, and Nazi Persecution

Introduction

Portrait and handwritten signature of Franz Pessler in an official identification document dated 6 October 1911. The stamp of the Imperial-Royal University of Innsbruck indicates Pessler’s connection with the university; the precise nature of the document has not yet been established. Source: Pessler Family Archive, Vienna. Published with the kind permission of his great-niece, Silvia Pessler.

Dr Franz Pessler was born in Linz on 13 May 1893. He practised as a lawyer in Innsbruck and lived at Anichstraße 29. His biography reflects the profound political and legal upheavals that shaped Austria between the authoritarian Corporate State and National Socialist rule.
In July 1934, Pessler became involved in the legal aftermath of the National Socialist coup attempt when he was appointed to defend SS squad leader Friedrich Wurnig. Wurnig had shot and killed the Innsbruck police officer Franz Hickl and was executed only one week later.
After the “Anschluss” of Austria in March 1938, Pessler himself became a victim of National Socialist persecution. On 31 May 1938, he was deported to Dachau concentration camp, where he was registered as prisoner number 14383.

From Artillery Officer to Lawyer

Dr. jur. Franz Pessler as a young soldier during the First World War, writing at an observation post on the Carinthian Front at an altitude of approximately 2,000 metres in 1917. According to an accompanying historical note, the observation post was built into a “Karner”—possibly referring to a cart or wagon. His exact military unit, the location of the photograph and the meaning of this term have not yet been conclusively identified. Source: Pessler Private Archive, Vienna. Published with the kind permission of his great-niece, Silvia Pessler.

According to a biographical account preserved by the family, Franz Pessler was born in Linz on 13 May 1893. His parents reportedly died during a typhoid epidemic at Riedau Castle in the summer of 1900. Seven-year-old Franz was subsequently taken in by relatives in South Tyrol. Because the family frequently moved, he attended schools in Graz, Prague and Vienna before entering the Jesuit secondary school in Kalksburg. He passed his school-leaving examination there with distinction on 8 July 1911. He then studied law in Vienna and Innsbruck.
At the beginning of the First World War, Pessler joined Innsbruck Artillery Regiment No. 14 on 1 August 1914. According to the family account, he initially commanded a reconnaissance patrol in Galicia and later served in Serbia. He subsequently served as a lieutenant and artillery observer on the Carinthian front and in various sectors of the Italian front. Among the locations mentioned are Monte Pasubio, the Seven Communities, Monte Pertica, Monte Grappa and the Adamello region.
Pessler continued his studies while serving in the military and completed two state examinations and two doctoral examinations. He received several military decorations as well as the Wound Medal.
During the final two months of the war, First Lieutenant Pessler served as an instructor and adjutant at the artillery training school on Monte Bondone near Trento. At the end of the war, he avoided captivity and entered the Regional Court in Innsbruck as a legal trainee on 1 December 1918.

Marriage and Professional Career in Innsbruck

Dr. jur. Franz Pessler with his wife, photographed in Eggenburg, Lower Austria, probably in the 1950s. Source: Pessler Private Archive, Vienna. Published with the kind permission of his great-niece, Silvia Pessler.

According to the biographical family source, Pessler’s future wife was the daughter of the physician Dr Ledenbauer and a niece of the abbot of Hohenfurt. During the First World War, Pessler was granted special leave because his fiancée had become seriously ill. When he returned to the front, he learned that his unit had been buried by an avalanche on 2 April 1917. His fiancée’s illness had therefore probably saved his life.
After her return from Switzerland, the couple married in 1920. In March 1922, Franz Pessler opened his own law practice in Innsbruck. He became involved in prominent and politically sensitive legal proceedings. These included his participation in the Philippe Halsman case and, in 1934, his court-appointed defence of SS-Scharführer Friedrich Wurnig. Wurnig had been charged with the murder of Innsbruck police director Franz Hickl and was executed on 1 August 1934.

Historical Context: The Assassination of Federal Chancellor Engelbert Dollfuß

Engelbert Dollfuss (1892–1934), Austrian Federal Chancellor from 1932 to 1934. Photo: F. Knozer / TIME, via Wikimedia Commons, public domain.

The assassination of Federal Chancellor Dr Engelbert Dollfuß on 25 July 1934 marked the climax of the National Socialist July Putsch in Austria.
On that day, between 144 and 154 members of Vienna’s SS-Standarte 89, disguised as Austrian soldiers and police officers, stormed the Federal Chancellery at Ballhausplatz in Vienna. At approximately 1:00 p.m., the putschists encountered the fleeing Chancellor.
A shot fired at close range by Otto Planetta struck Dollfuß in the neck. Severely wounded, the Chancellor was denied both medical assistance and spiritual care. He died several hours later in the Marble Hall of the Federal Chancellery.
The original plan had been to arrest the entire federal government and install the National Socialist sympathiser Anton Rintelen as the new Chancellor. At the same time, other putschists occupied the Vienna radio station RAVAG and forced it to broadcast the false announcement that the government had resigned. This was intended as the signal for a nationwide National Socialist uprising.
Violent clashes subsequently occurred in Styria, Carinthia, Upper Austria, Salzburg, and Tyrol. The Austrian government succeeded in suppressing the coup by 30 July 1934. The uprising claimed more than 200 lives.
The historical assessment of Dollfuß remains controversial. He had abolished parliamentary democracy, established an authoritarian state, banned political parties, and violently suppressed the Social Democratic uprising of February 1934. At the same time, he opposed National Socialism, outlawed the NSDAP in Austria in June 1933, and attempted to preserve Austrian independence from Nazi Germany.
The principal perpetrators of the attack on the Federal Chancellery, Otto Planetta and Franz Holzweber, were sentenced to death by a specially established military tribunal and executed.
Less than four years later, in March 1938, Nazi Germany achieved through the “Anschluss” what the failed coup of July 1934 had attempted: the destruction of Austrian independence and the National Socialist seizure of power.

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The Murder of Police Commander Franz Hickl

The July Putsch also led to violent confrontations in Tyrol. In Innsbruck, SS squad leader Friedrich Wurnig shot and killed Police Staff Captain Franz Hickl on the afternoon of 25 July 1934.
Hickl was about to enter the Federal Police Headquarters in Herrengasse when Wurnig opened fire. As a senior police officer and determined opponent of the illegal National Socialist movement, Hickl had played an important role in combating Nazi activities in Tyrol.
His murder was regarded by the Austrian authorities as a direct attack on the state and its security forces. Wurnig was arrested immediately after the shooting and initially detained at police headquarters.
Before and during his transfer to the Innsbruck Regional Court Prison, Wurnig was allegedly subjected to severe physical abuse by police, gendarmerie, and prison officers. These allegations later became the subject of criminal investigations.

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www.doew.at/erinnern/fotos-und-dokumente/1934-1938/krachendes-oesterreich/opfer-des-terrors-der-ns-bewegung-in-oesterreich-1933-1938/franz-hickl

austria-forum.org/af/AustriaWiki/Franz_Hickl

Proceedings Before the Military Tribunal

Only one week after the killing, on 1 August 1934, Friedrich Wurnig was brought before the Military Tribunal in Innsbruck.
The prosecution was conducted by Public Prosecutor Dr Ernst Grünewald. Senior Regional Court Councillor Dr Josef Ziegler presided over the proceedings. Dr Franz Pessler was appointed as Wurnig’s court-appointed defence counsel.
The tribunal found Wurnig guilty of murder under § 134 of the Austrian Penal Code. He was sentenced to death and executed by hanging in the courtyard of the Innsbruck Regional Court Prison at 8:00 p.m. that same day.
The extraordinary speed of the proceedings illustrates the highly restrictive nature of the military justice system established during the authoritarian Corporate State. Wurnig’s defence counsel had only extremely limited time and opportunity to prepare an effective defence or pursue further legal remedies.

Dr Franz Pessler as Friedrich Wurnig’s Court-Appointed Defence Counsel

In 1939, after the National Socialist takeover of Austria, the circumstances surrounding Wurnig’s detention and execution were investigated again.
A report submitted by the Innsbruck Public Prosecutor’s Office to the Senior Public Prosecutor’s Office on 26 January 1939 raised the suspicion that Wurnig’s injuries may have been so severe that the execution should have been postponed.
The report stated:
“Based on a report filed by the police, there is reason to suspect that, owing to the mistreatment and injuries inflicted upon him, Wurnig was, at the time of his execution, in such a condition that it would have been the duty of the presiding judge, the public prosecutor, and possibly also the defence counsel to ensure that the execution of the death sentence was postponed until his condition had improved.”
As Wurnig’s court-appointed lawyer, Franz Pessler also came under scrutiny. The investigating authorities alleged that he had failed to take sufficient action to postpone the execution of a severely injured defendant.
This allegation must, however, be assessed within its political context. The investigation was initiated by the Nazi authorities after the “Anschluss”. The National Socialist regime used cases involving the prosecution of participants in the July Putsch to denounce the judicial system of the former Austrian state and to rehabilitate National Socialist insurgents.
The proceedings were therefore not simply an impartial investigation into possible misconduct. They also served the political and propagandistic interests of the Nazi regime.

Franz Pessler in the 1939 Investigation File

A report submitted by the Innsbruck Public Prosecutor’s Office to the Senior Public Prosecutor’s Office at the Innsbruck Higher Regional Court on 26 January 1939 mentions Franz Pessler in connection with the National Socialist investigation into the events surrounding the July Putsch of 1934. The source identifies him as follows:
“Dr Franz Pessler, son of Gustav and Josefine, née Krieg-Hochfelden, born on 13 May 1893 in Linz an der Donau, Roman Catholic, married, lawyer in Innsbruck, currently in protective custody at Dachau concentration camp.”
The report examined, among other matters, whether the presiding judge of the military tribunal, the public prosecutor and possibly also the court-appointed defence counsel had been legally obliged to postpone the execution of Friedrich Wurnig’s death sentence because of his alleged mistreatment and injuries.
It is particularly noteworthy that Pessler was himself already being held in National Socialist custody at the time of the investigation. The file should therefore not be regarded as the product of a neutral investigation conducted under the rule of law. It originated within the Nazi judicial system, which used the prosecution of the National Socialist participants in the July Putsch of 1934 as propaganda against the former Austrian government.
​
Source: Report of the Innsbruck Public Prosecutor’s Office to the Senior Public Prosecutor’s Office at the Higher Regional Court of Innsbruck concerning proceedings against Public Prosecutor Dr Ernst Grünewald and others, 26 January 1939. Central State Archives, Potsdam; DÖW 1906. Published in: Documentation Archive of the Austrian Resistance, Resistance and Persecution in Tyrol and Vorarlberg 1934–1945, Vienna–Munich 1984, pp. 412–413.

Critical Commentary on the Source

The source reproduced below is a report submitted by the Innsbruck Public Prosecutor’s Office to the Senior Public Prosecutor’s Office at the Innsbruck Higher Regional Court on 26 January 1939. It was produced after the “Anschluss” of Austria and therefore under the conditions of the National Socialist dictatorship.
The report concerned events connected with the suppression of the National Socialist July Putsch of 1934. The Nazi judicial authorities investigated the conduct of Austrian judges, public prosecutors, lawyers and law-enforcement officials towards the putschists involved at the time. These investigations did not serve solely to clarify possible mistreatment in accordance with the rule of law. They were also part of the National Socialist regime’s campaign of retribution against officials of the former Austrian state.
The information contained in the source must therefore be read in the context of the political circumstances in which it was produced. In particular, the mention of Franz Pessler must not be regarded as proof of personal guilt. The report raises a suspicion or refers to a possible professional duty, but does not in itself establish that Pessler was guilty of any misconduct.
The transcription follows the wording of the surviving document. Obvious abbreviations have been identified where necessary. Illegible passages are marked [illegible], uncertain readings with [?]. Editorial additions are placed in square brackets.

Complete Transcription and Critical Commentary on the Source:

🇬🇧/franz-pessler-court-appointed-defence-counsel-friedrich-wurnig-1934

Arrest and Deportation to Dachau Concentration Camp

Immediately after the "Anschluss" of Austria to the National Socialist German Reich in March 1938, Dr. Franz Pessler was arrested and initially held in the Innsbruck police prison. On 31 May 1938, the Nazi regime deported him to the Dachau concentration camp.
On the same day, approximately 60 prominent representatives of public life in Tyrol were deported to Dachau concentration camp. Among them were Dr Ernst Verdross, Dr Manfred Mumelter, and Friedrich Corazza.
The prisoners were transported by train from Innsbruck to Munich and subsequently taken to Dachau. Many had previously held public office or were associated with Catholic-conservative, legitimist, or otherwise politically unreliable circles.
They were imprisoned under so-called Schutzhaft—“protective custody”—a Nazi instrument that enabled the arbitrary detention of individuals without judicial proceedings or effective legal protection.
Franz Pessler was registered at Dachau under prisoner number 14383.

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A Testimony from Dachau: “My Friend Pessler"

An important testimony concerning Pessler can be found in Elisabeth Walder’s publication KZ-Dachau Häftlingsnummer 14354 (Innsbruck, 2025).
On page 68, Dr Ernst Verdross, former Director of the Municipal Administration of Hall in Tirol and himself a prisoner in Dachau, recalled:
“My friend Pessler helped me. He was something of a celebrity in the camp. When it became known that he had successfully defended the Jew Hasselmann, who had been accused of murdering his father, even the SS turned to him. They sought his advice on legal matters…”
The wording “Hasselmann” reflects Verdross’s later recollection. It was most probably a reference to the internationally known Halsman case, in which Pessler participated as a defence lawyer during the second trial. The similarity of the names Pessler, Pressler, Preßburger, Halsman, and Hasselmann contributed to confusion in later accounts.
Verdross’s words nevertheless provide valuable evidence of Pessler’s standing among his fellow prisoners. The phrase “my friend Pessler” suggests a relationship based on trust and mutual respect.
Verdross also remembered that Pessler’s legal expertise was recognised even by members of the SS, who consulted him on legal questions. This does not diminish the brutality of the camp system; rather, it demonstrates the unusual position Pessler appears to have occupied among the prisoners.
The testimony indicates that Pessler was remembered as a respected and helpful fellow prisoner rather than as a willing participant in injustice.

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Persecution, Dachau and a New Beginning in Eggenburg

Following the National Socialist seizure of power in Austria, Franz Pessler was arrested in 1938 and deported to Dachau concentration camp. The family account states that he was released after approximately one year but was initially prohibited from practising as a lawyer.
Pessler and his wife subsequently settled in Eggenburg, where they established a vegetable, fruit and flower nursery on land owned by the family. They supplied the local market with fruit and vegetables and provided flowers for cemeteries. For Pessler, working as a gardener represented not merely a change of occupation but a direct consequence of his professional exclusion under the Nazi regime.
According to the family account, several young women sought protection in Dr Pessler’s home during the unrest surrounding Austria’s liberation in 1945. The text states that they received assistance from him and were protected from violence. This is an important biographical detail, but it should be identified as a family tradition and, where possible, examined in the light of additional historical sources.
After 1945, Pessler was able to resume his legal career in Eggenburg. The fruit-growing business that he and his wife had established continued alongside his work as a lawyer.

Retirement and Later Years

Dr Franz Pessler in later life. Place and date of the photograph unknown. Source: Pessler Family Archive, Vienna. Published with the kind permission of his great-niece, Silvia Pessler.

Franz Pessler retired in 1963 at the age of seventy. His wife died on All Saints’ Day in 1964. According to the biographical account, almost the entire town of Eggenburg attended her funeral. The funeral procession was led by Father Krügelstein, one of Pessler’s former classmates at Kalksburg.
Following his wife’s death, Pessler adopted his great-niece. Despite having undergone two serious operations, he continued to provide free Latin tutoring for many years. The biographical tribute summarised the different stages of his life through four occupations: army officer, lawyer, gardener for seven years and Latin tutor for fourteen years.

Conclusion

Dr Franz Pessler’s life reflects a deeply contradictory chapter in Austrian legal history.
In August 1934, he served as the court-appointed defence counsel of SS squad leader Friedrich Wurnig before the Innsbruck Military Tribunal. The proceedings ended with Wurnig’s execution only one week after the murder of Franz Hickl.
Four years later, Pessler himself was arrested by the National Socialists and deported to Dachau concentration camp. His transformation from the defence lawyer of a National Socialist insurgent into a prisoner of the Nazi regime reveals the dramatic political rupture brought about by the “Anschluss”.
The testimony of Ernst Verdross—“my friend Pessler”—allows for a more nuanced assessment of Pessler’s character. It suggests that he was respected by his fellow prisoners and remembered as a man who used his legal knowledge to assist others under the extreme conditions of the concentration camp.
Pessler survived the National Socialist period and died in 1979. His final resting place is located in the Municipal Cemetery of Eggenburg.
His biography is a reminder that individual conduct must be examined within its legal and political context. It also demonstrates how authoritarian regimes instrumentalise judicial proceedings and place lawyers in situations in which the principles of justice and the rule of law can scarcely be upheld.

Pessler’s Autobiographical Writings

Franz Pessler made a collection of autobiographical writings available to the Austrian State Archives – War Archives for evaluation. In a letter dated 9 August 1974, the War Archives thanked him for providing these documents and described his account as a “very valuable and estimable contribution” to the history of Austria, particularly that of Tyrol and Eggenburg in the twentieth century.
The archives specifically highlighted three aspects of Pessler’s life: his military service during the First World War, his work as a lawyer and his deportation and imprisonment in a concentration camp. According to the letter, the autobiographical writings, consisting of one bundle of documents, were returned to him after they had been evaluated by the archives.
The letter provides important evidence that Pessler recorded his life experiences in writing. It remains to be established whether the War Archives retained copies, excerpts, administrative notes or other records relating to the collection. A formal enquiry citing the reference number Zl. 37.803/74 may therefore lead to further information.
Source Reference
Biographical tribute, “Dr Franz Pessler, 85 Years Old,” probably written around 1978, three typewritten pages; Austrian State Archives – War Archives, letter to Dr Franz Peßler, 9 August 1974, reference no. 37.803/74. Preserved in the Pessler family archive, Vienna. Made available by the Pessler family, 2026.

Source-Critical Note

The text “Dr Franz Pessler at 85” was written by Franz Pessler himself and was probably intended for publication in a local newspaper. The celebration of his 85th birthday took place in a small family gathering. It has not yet been established whether, or in which newspaper, the text was actually published.
As Franz Pessler was born in 1893, the text was probably written around 1978. Its statements are exceptionally valuable for reconstructing his life, but they must be assessed critically as a personal or family-transmitted source.
Several central claims can now be supported by additional evidence. In his surviving account, Dr Ernst Verdross explicitly refers to Dr Franz Pessler and the persecution he suffered. The publication Resistance and Persecution in Tyrol, 1934–1945 (Widerstand und Verfolgung in Tirol 1934–1945), issued by the Documentation Centre of Austrian Resistance (DÖW), also provides details of Pessler’s committal to Dachau concentration camp and his prisoner number. His surviving prisoner registration card and the camp’s admissions register provide further confirmation of his imprisonment at Dachau. Franz Pessler’s concentration camp imprisonment is therefore documented not only in the later biographical tribute but also by several independent contemporary and archival records.
Other statements in the tribute—particularly those concerning his military service, political circumstances, personal contacts during his imprisonment at Dachau and the events surrounding the liberation of Eggenburg—should, wherever possible, be compared with additional archival records. Although the 1974 letter from the Austrian War Archives does not confirm every detail contained in the later tribute, it demonstrates that Pessler had written autobiographical notes and that the archive considered his recollections of his military service, legal career and imprisonment in Dachau to be of historical value.

Memorial card (Sterbebild) for Dr. Franz RR. von Pessler (1893–1979)

Memorial card (Sterbebild) for Dr. Franz RR. von Pessler (1893–1979), lawyer and retired gardener. The Christian memorial card includes a portrait of Pessler as well as details of his death on 25 January 1979 at the age of 85. Source: Pessler family private archive.

"RR." is a common abbreviation for "Ritter" (also sometimes written "Rr."), which combined with "von" forms the hereditary Austrian noble title "Ritter von" ("Knight of") — so "RR. v. Pessler" = "Ritter von Pessler." This lower rank of nobility was granted under the Habsburg monarchy, often to commoners for distinguished service (e.g., in the civil service, military, or academia). Austria officially abolished noble titles in 1919 under the Adelsaufhebungsgesetz (Nobility Abolition Act), but the titles often remained in informal use within tradition-conscious families and on historical documents such as memorial cards.

Grave of Dr Franz RR. v. Pessler and Martha v. Pessler

The final resting place of Dr Franz (Reichsritter) von Pessler at the Municipal Cemetery in Eggenburg. Source: Klasmann Private Archive, Vienna.

Prisoner Record Card and Entry in the Dachau Concentration Camp Admissions Registe

1. Prisoner Record Card ​

Prisoner record card of Franz Pessler, born in Linz on 13 May 1893. The card documents his imprisonment in the Innsbruck police prison beginning on 31 May 1938 and bears a processing stamp dated 22 April 1939. Source: Arolsen Archives, DocID 10724354.
​Source citation:
Arolsen Archives: Prisoner record card for Franz Pessler, reference number 01010607 241, DocID 10724354; personal record for Franz Pessler, online (accessed 22 August 2026).

Brief source commentary:

The prisoner record card is a contemporary administrative document from the Innsbruck police prison. It provides important personal and detention details concerning Franz Pessler but does not state the reason for his arrest or explain the subsequent course of his imprisonment. Police, Gestapo, or court records would therefore be required for a more complete historical assessment.

Historical context:

Franz Pessler was admitted to the Innsbruck police prison on 31 May 1938, only a few weeks after Austria’s “Anschluss” to Nazi Germany. During this early phase of Nazi rule, numerous actual or alleged opponents of the regime were arrested. The card therefore documents the rapid introduction of police registration and political persecution following the Nazi seizure of power in Tyrol. The stamp dated 22 April 1939 indicates that the document was processed administratively at a later date.

2. ​Entry in the Dachau Concentration Camp Admissions Registe

Extract from the admissions register of Dachau concentration camp containing the entry for Dr Franz Pessler, registered under prisoner number 14383. The record includes his date of birth, 13 May 1893, his birthplace, Linz, his profession as a lawyer, and his address in Innsbruck at the time. Source: Arolsen Archives, Dachau concentration camp admissions register, reference number 805460001; personal record for Franz Pessler. ​Source citation:
Arolsen Archives: Admissions Register of Dachau Concentration Camp, reference number 805460001; personal record for Franz Pessler, online (accessed 22 August 2026).

Historical context:

On 31 May 1938, only a few weeks after Austria’s “Anschluss” to Nazi Germany, approximately 60 prominent members of public life in Tyrol were deported to Dachau concentration camp. Alongside Dr Franz Pessler, the group included Dr Ernst Verdross, Dr Manfred Mumelter, and Friedrich Corazza. The prisoners were transported by train from Innsbruck to Munich and then taken by vehicle to Dachau concentration camp.
The deportation formed part of the persecution of actual and alleged political opponents that began immediately after the Nazi seizure of power in Austria. Former public officials, representatives of Catholic-conservative circles, and other individuals whom the National Socialists regarded as politically unreliable were particularly at risk. Many were committed to concentration camps under so-called “protective custody” without a regular trial.

Source commentary:

The Dachau concentration camp admissions register is a key contemporary administrative record. It documents Franz Pessler’s admission to the camp and provides information about his identity, occupation, address, and prisoner number. However, the entry does not explain the circumstances of his arrest, the reasons for his persecution, or his experiences in captivity. Gestapo, police, and detention records, as well as personal accounts, must therefore be consulted for a fuller reconstruction. The categories used in the register also reflect the administrative terminology of the Nazi system of persecution.

Dr. Franz Pessler- original document

Dr. jur. Franz Pessler
(born 13 May 1893 in Linz)
Residence: Anichstraße 29, 6020 Innsbruck
Source: Proceedings related to the National Socialist coup attempt of July 1934. In: Documentation Archive of the Austrian Resistance (DÖW, ed.), Resistance and Persecution in Tyrol and Vorarlberg 1934–1945. A Documentation, Vienna/Munich 1984, pp. 412–413.
Document 24: Report of the Innsbruck Public Prosecutor’s Office to the Senior Public Prosecutor’s Office at the Higher Regional Court of Innsbruck concerning the indictment of Public Prosecutor Dr. Ernst Grünewald and others for offences under §§ 101 and 152 of the Austrian Penal Code (StG), dated 26 January 1939. Source: Central State Archives, Potsdam. DÖW 1906.

1. Dr. Ernst Grünewald, son of Josef and Juliane née Truchlasch, born 23 April 1888 in Baumgartenberg, District of Perg, Lower Austria; legally domiciled in Innsbruck; Roman Catholic; married; Public Prosecutor in Innsbruck, Adamgasse 6/II.
2. Dr. Josef Ziegler, son of Xaver and Leopoldine née Spiler, born 15 June 1876 in Feldkirch; legally domiciled in Innsbruck; retired Senior Regional Court Councillor in Innsbruck, Liebeneggstraße.
3. Dr. Franz Pessler, son of Gustav and Josefine née Krieg-Hochfelden, born 13 May 1893 in Linz on the Danube; Roman Catholic; married; attorney-at-law in Innsbruck; currently held in protective custody at Dachau concentration camp.
4. Albin Rieger, son of Josef and Maria née Felderer, born 21 July 1903 in Hall in Tirol; legally domiciled in Innsbruck; Roman Catholic; unmarried; former senior police constable of the Innsbruck municipal police; currently in protective custody at Dachau concentration camp.
5. Josef Eisner, son of Alois and Anna née Pichler, born 27 January 1912 in Innsbruck; legally domiciled in Abfaltersbach, District of Lienz; Roman Catholic; unmarried; gendarmerie officer; currently in pre-trial detention at the Regional Court of Innsbruck.
6. Heinrich Gamper, son of Johann and Anna née Belly, born 14 November 1890 in Meran; legally domiciled in Innsbruck; Roman Catholic; married; retired police inspector in Innsbruck, Gumpstraße 18/3.
7. Josef Treichl, son of Johann and Barbara née Brunner, born 14 March 1912 in Niederndorf near Kufstein; legally domiciled in Innsbruck; Roman Catholic; unmarried; prison guard in Innsbruck
8. Johann Reichmann, son of Franz and Aloisia née Eibl, born 1 May 1903 in Graz; legally domiciled in Innsbruck; Roman Catholic; married; senior prison guard, currently at the Regional Court Prison in Graz.
9. Johann Burger, son of Johann and Anna née Zink, born 27 June 1912 in Thaur, District of Innsbruck; Roman Catholic; unmarried; gendarmerie officer in Thaur.
   

• Source: Report of the Innsbruck Public Prosecutor’s Office to the Senior Public Prosecutor’s Office at the Higher Regional Court of Innsbruck concerning proceedings against Public Prosecutor Dr Ernst Grünewald and others, 26 January 1939. Central State Archives, Potsdam; DÖW 1906. Published in: Documentation Archive of the Austrian Resistance, Resistance and Persecution in Tyrol and Vorarlberg 1934–1945, Vienna–Munich 1984, pp. 412–413.

Source Commentary 

The document is a report submitted by the Innsbruck Public Prosecutor’s Office to the Senior Public Prosecutor’s Office at the Higher Regional Court of Innsbruck on 26 January 1939. It concerned the proposed indictment of Public Prosecutor Dr Ernst Grünewald and eight other defendants for offences under §§ 101 and 152 of the Austrian Penal Code. The investigations were connected with the National Socialist authorities’ retrospective treatment of the failed July Putsch of 1934.
The report was therefore produced only after Austria’s “Anschluss” to the German Reich in March 1938. It does not provide a direct account of the events of 1934; rather, it documents their subsequent legal reassessment by the National Socialist judicial and persecutory authorities. Individuals who had participated in the investigation or prosecution of National Socialist putschists in 1934 could now themselves become the targets of criminal proceedings. The case illustrates how the Nazi regime used the judicial system for political retaliation and for the persecution of former representatives of the Austrian state.
Dr Franz Pessler appears as one of the nine defendants. The document records the names of his parents, Gustav and Josefine Pessler, née Krieg-Hochfelden, as well as his date and place of birth, Roman Catholic religion, marital status and profession as an attorney in Innsbruck. Particularly significant is the statement that he was already being held in “protective custody” at Dachau concentration camp when the report was written. The National Socialist term “protective custody” concealed a form of detention ordered by the police that could be imposed without ordinary judicial proceedings. Pessler’s imprisonment was therefore not the consequence of a final judicial conviction but part of the political persecution exercised by the Nazi regime.
The joint listing of lawyers, former police officers, gendarmes and prison officials indicates that the investigation encompassed various individuals who had served in the judiciary or the Austrian security apparatus in 1934. The source is consequently important not only for the biography of Franz Pessler. It also provides insight into the National Socialist persecution of officials and legal professionals who had performed duties on behalf of the Austrian state during the July Putsch or in the subsequent judicial proceedings.
The circumstances in which the report was produced must be considered when evaluating its contents. It reflects the perspective of a public prosecutor’s office that had already been incorporated into the National Socialist system of government. Its accusations should therefore not be accepted uncritically as established facts. The names, dates of birth, occupations, addresses and details of detention have considerable biographical value, but should, where possible, be compared with additional court, registration, prison and personnel records. A distinction must also be made between the original archival record held in the former Central State Archives in Potsdam, DÖW document number 1906, and the edition published by the Documentation Centre of Austrian Resistance in 1984.
For the biography of Franz Pessler, the document demonstrates that, after the “Anschluss,” his involvement in the prosecution of National Socialist putschists in 1934 itself became the subject of a Nazi investigation. At the same time, it provides contemporary documentary evidence that Pessler was being held as a political prisoner in Dachau concentration camp by 26 January 1939 at the latest.

Frequently Asked Questions (FAQ)

Who was Dr Franz Pessler?

Dr Franz Pessler was an Innsbruck lawyer born in Linz in 1893. In 1934, he served as the court-appointed defence counsel of the National Socialist putschist Friedrich Wurnig. After the “Anschluss”, Pessler was arrested and deported to Dachau concentration camp.

What role did Pessler play in the Wurnig trial

Pessler was appointed to defend Friedrich Wurnig before the Innsbruck Military Tribunal. Wurnig was convicted of murdering Police Staff Captain Franz Hickl and was executed on 1 August 1934.

Why was Pessler investigated in 1939?

The Nazi authorities alleged that Pessler, the presiding judge, and the public prosecutor should have attempted to postpone Wurnig’s execution because he had allegedly been severely mistreated while in custody. The investigation also served the political interests of the Nazi regime, which sought to portray National Socialist putschists as victims of the former Austrian state.

When was Franz Pessler deported to Dachau?

He was deported to Dachau concentration camp on 31 May 1938.

What was Franz Pessler’s prisoner number?

Franz Pessler was registered at Dachau concentration camp under prisoner number 14383.

Was Franz Pessler a National Socialist?

The available evidence does not support such a conclusion. After the “Anschluss”, he was arrested by the Nazi authorities and imprisoned in Dachau concentration camp. Ernst Verdross remembered him as a respected friend and fellow prisoner.

What did Ernst Verdross write about Pessler?

Verdross referred to him as “my friend Pessler” and recalled that Pessler was well known in the camp because of his legal work. According to Verdross, even members of the SS sought Pessler’s advice on legal matters.

Which sources document Franz Pessler’s imprisonment?

His imprisonment is documented by a prisoner record card and an entry in the Dachau concentration camp admissions register. Both records are held by the Arolsen Archives and can be consulted online.

What information do these records contain?

The documents record details including Pessler’s name, date and place of birth, occupation, address, and prisoner number. They provide evidence of his registration at Dachau but do not describe his personal experiences or the conditions of his imprisonment.

Did Franz Pessler survive Dachau concentration camp?

Yes. Franz Pessler survived his imprisonment in Dachau concentration camp. After his release, however, he was no longer permitted to practise as a lawyer. He subsequently earned his living by working in his wife’s horticultural business in Eggenburg. Franz Pessler died in 1979. He was buried at the Municipal Cemetery in Eggenburg.

Why is Franz Pessler’s biography historically significant?

His life connects the political justice of the Austrian Corporate State, the suppression of the July Putsch, the destruction of Austrian independence in 1938, and the persecution of Austrian lawyers and public figures under National Socialism.