Dr. Franz Pessler , Dr. Richard Preßburger and the Halsman case

Historical Context

The Philipp Halsmann case was one of the most controversial criminal proceedings of Austria’s First Republic. On 10 September 1928, Morduch Halsmann, a dentist from Riga, died while hiking with his son Philipp on the Schwarzenstein in the Zillertal Alps. Although the precise circumstances of his death remained unclear and the case was based largely on circumstantial evidence, his 22-year-old son was accused of patricide.
The proceedings took place during a period of growing political tension and widespread antisemitism. In Tyrol in particular, attitudes towards Jewish visitors and people regarded as “outsiders” were frequently shaped by prejudice. Sections of the press portrayed Halsmann as guilty before the judicial investigation had been completed. The trial therefore developed into more than a criminal case: it became a public and political controversy concerning antisemitism, the rule of law and the independence of the judiciary.
At the first trial before the Innsbruck jury court in December 1928, Halsmann was convicted and sentenced to ten years of severe imprisonment. His defence counsel, the prominent Viennese lawyer Richard Preßburger, challenged the judgment by filing a plea of nullity. In March 1929, the Austrian Supreme Court quashed the verdict and ordered a retrial.
At the second trial, the Innsbruck lawyers Franz Pessler and Richard Mahler assumed the defence. Despite criticism of the medical expert reports and the disputed evidence, Halsmann was convicted again, although his sentence was reduced to four years of severe imprisonment. Pessler continued to examine the case after the trial. In 1931, the Austrian League for Human Rights published Der Fall Halsmann, which included his extensive critical account entitled “Ein Bild des Prozesses” (“A Picture of the Trial”).
In September 1930, Austrian Federal President Wilhelm Miklas pardoned Philipp Halsmann, but he was required to leave Austria. After emigrating to the United States, he became internationally renowned under the name Philippe Halsman and was recognized as one of the most influential portrait photographers of the twentieth century.
The later confusion between Franz Pessler and Richard Preßburger probably arose primarily from the similarity of the names Pessler, Pressler and Preßburger. Preßburger conducted the defence at the first trial, while Pessler represented Halsmann at the retrial. Richard Preßburger died in Vienna on 28 January 1938. Franz Pessler, however, was deported to Dachau Concentration Camp on 31 May 1938, shortly after Austria’s annexation by Nazi Germany. Distinguishing clearly between the two lawyers therefore connects the history of a controversial interwar trial with the subsequent persecution of Austrian legal professionals under National Socialism.

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Introduction:

The Philippe Halsman case remains one of the most controversial criminal trials in Austrian legal history. Through the work of Austrian journalist and historian Martin Pollack, the case has been re-examined as a possible miscarriage of justice shaped by the antisemitic climate of interwar Austria. Pollack's groundbreaking study Accused of Patricide: The Philippe Halsman Case provides an essential historical context for understanding the trial, the role of defense attorney Richard Preßburger, and the broader political and social atmosphere of late-1920s Tyrol. The case also connects unexpectedly to the lives of Austrian resistance figures such as Dr. Ernst Verdross and Dr. Franz Pessler, whose experiences in Dachau illuminate the fate of many Austrian jurists under National Socialism.

Dr. Franz Pessler, Dr. Richard Preßburger, and the Halsman Case

A Correction Concerning a Remarkable Detail from Dachau Concentration Camp

The history of Austrian prisoners in Dachau Concentration Camp contains many surprising biographical connections to significant events of the interwar period. One such connection leads to the so-called Halsman Case, one of the most sensational criminal trials of the First Austrian Republic.
During research on Tyrolean lawyers, the name Dr. Franz Pessler emerged. In 1938, the Innsbruck jurist was deported to Dachau Concentration Camp. According to the documentation Resistance and Persecution in Tyrol and Vorarlberg 1934–1945, Dr. Franz Pessler (prisoner number 14383) was imprisoned in Dachau from 31 May 1938 onward. Among his fellow prisoners was Dr. Ernst Verdross.
Verdross later recalled that Pessler was well known in the camp because of the “patricide case.” This referred to the famous trial of Philippe Halsman.

The Philippe Halsman Case

On 10 September 1928, Morduch (Max) Halsman, a dentist from Riga, died during a mountain hike on Mount Schwarzenstein in the Zillertal Alps of Tyrol, Austria. His son, Philippe Halsman, born in 1906, was accused of murdering him.
The case quickly developed into an international judicial scandal. Antisemitic undertones in the press and public opinion played a significant role throughout the proceedings. In December 1928, Philippe Halsman was convicted by the Innsbruck Jury Court and sentenced to ten years of imprisonment.
His defense was conducted by the renowned Viennese attorney Richard Preßburger. Following an appeal, a second trial was held in Innsbruck in 1929, which again resulted in a conviction. In October 1930, however, Halsman was pardoned by Austrian Federal President Wilhelm Miklas and expelled from the country.
Philippe Halsman later emigrated to the United States, where he became one of the most influential photographers of the twentieth century. He gained worldwide recognition for his portraits of political leaders, artists, actors, and writers, as well as for his celebrated collaboration with Salvador Dalí.

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Pessler, Pressler or “Preßburger”-On the Question of Name Confusion​

The confusion between the names "Pessler", "Pressler", and "Preßburger" that appears in later sources can today be reconstructed with greater precision. Richard Preßburger, the celebrated Viennese defense attorney who represented Philippe Halsman in the first trial, died on 28 January 1938 – just weeks before the annexation of Austria by Nazi Germany. He therefore never faced deportation to a concentration camp.
The references to a "lawyer Pressler" in connection with Dachau most likely do not refer to Preßburger at all, but rather to Dr. Franz Pessler, who was in fact deported to Dachau on 31 May 1938. The striking similarity of the names – Pessler, Pressler, Preßburger – appears to have caused a conflation over the years, traceable in both eyewitness accounts and later written records.

Dr. Richard Preßburger (1862–1938)

Dr. Richard Pressburger was born on 16 February 1862 in Vienna. After studying law at the University of Vienna, he received his Doctor of Law degree in 1886 and began practicing as a Court and Imperial Advocate (Hof- und Gerichtsadvokat) in Vienna in 1893.
He became one of the most prominent criminal defense lawyers of the late Habsburg Monarchy and the First Austrian Republic. Renowned for his eloquence and legal expertise, he gained widespread recognition and secured notable acquittals in numerous high-profile criminal trials. Among his most significant cases were the treason trial of former Minister of War Moritz von Auffenberg, the murder trial of Philipp Halsman, and several politically sensitive proceedings.
In addition to his work as a criminal defense attorney, Pressburger maintained a highly respected civil law practice. He was a committed advocate of legal reform and a determined opponent of capital punishment. As a member of the International Bar Association, he delivered a widely acclaimed lecture in Vienna in 1932 calling for the abolition of the death penalty.
Richard Pressburger published several legal and contemporary historical works and enjoyed a distinguished reputation within the Austrian legal profession. He died in Vienna on 28 January 1938. His career established him as one of the leading figures of Austrian criminal defense law in the early twentieth century.

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Ernst Verdross and the “Dachau Concentration Camp Protocol”

Photograph Dr. Ernst Verdross. Held in the historical photographic archive of Stockhammer Photo Studio in Hall in Tyrol.

Particularly noteworthy is the role of Dr. Ernst Verdross himself. The Hall municipal director and jurist was arrested following the Anschluss of Austria in 1938 and deported to Dachau Concentration Camp, where he was assigned prisoner number 14354.[4]
Shortly after the end of the Second World War, Verdross wrote his memoirs and the so-called Dachau Concentration Camp Protocol (KZ-Dachau-Protokoll), a powerful and deeply personal account of the conditions within the concentration camp. His writings contain detailed descriptions of the violence inflicted by the SA and SS, the systematic persecution and disenfranchisement of political opponents, and the psychological and physical destruction endured by prisoners.
For this reason, Elisabeth Walder’s publication Dachau Concentration Camp Prisoner Number 14354 (KZ-Dachau Häftlingsnummer 14354) represents an important contribution to regional memory culture and to the study of Tyrolean resistance against National Socialism.[5]

Footnotes

1] Documentation Centre of Austrian Resistance (DÖW), ed., Resistance and Persecution in Tyrol and Vorarlberg 1934–1945. A Documentation, Vol. 2 (Vienna/Munich, 1984), p. 392.
[2] Ernst Verdross, Dachau Concentration Camp Memoirs (KZ-Dachau Lebenserinnerungen), unpublished manuscript, Private Archive of Dr. Markus Illmer, Innsbruck.
[3] Elisabeth Walder, Dachau Concentration Camp Prisoner Number 14354 (KZ-Dachau Häftlingsnummer 14354), Innsbruck, 2025.
[4] “Dr. Ernst Verdross Edler von Drossberg – A Life Dedicated to Law and Justice,” NS-Widerstand Hall in Tirol.
[5] “The Enduring Legacy of Prisoner No. 14354,” Hall in Tirol Municipal Gazette (Stadtzeitung Hall in Tirol), No. 35, 9 October 2025.

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(EN) Dr. _Ernst _Verdross

Book _ Presentation _Concentration Camp Dachau

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Blog (EN) Dr. _Manfred _Mumelter

(EN) Friedrich Corazza

Dr. Franz Pessler – Dachau Prisoner and a Possible Connection to the Philippe Halsman Case

Dr. Franz Pessler was also a lawyer practicing in Innsbruck. Following the Anschluss of Austria in 1938, he was deported to Dachau Concentration Camp together with his friend Dr. Ernst Verdross on 31 May 1938.
Whether Dr. Pessler was directly involved in the so-called “patricide trial” of Philippe Halsman cannot be conclusively established on the basis of the sources currently available. Nevertheless, a connection to the case appears plausible. As a lawyer based in Innsbruck, he may have assisted the Viennese defense attorney Richard Preßburger with local preparations for the trial or participated in one of the various stages of the proceedings.
This possible connection to the Halsman case may explain why Pessler was remembered by Austrian fellow prisoners in Dachau as a lawyer associated with the “patricide case.” However, no definitive documentary evidence has yet been found, and the question therefore remains a subject for further historical research.
The recollections of former Dachau prisoner Dr. Ernst Verdross indicate that the Halsman trial continued to be associated with Pessler’s name many years later. Whether this was due to Pessler’s actual involvement in the proceedings or resulted from a later confusion of the names Pessler, Pressler, and Preßburger cannot currently be determined with certainty.

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Blog (EN) Dr._jur._Franz_Pessler _part_2

Blog (EN) Dr._ jur._Richard _Preßburger

Summary

The Philipp Halsmann case demonstrates how deeply criminal proceedings can be affected by social prejudice, hostile press coverage and a politically charged atmosphere. Richard Preßburger defended Halsmann at the first trial and succeeded in having the judgment overturned by the Austrian Supreme Court. Franz Pessler and Richard Mahler assumed the defence at the second trial. Pessler later published a detailed critical examination of the proceedings.
The similarity between the names Pessler and Preßburger resulted in repeated confusion in later recollections and historical accounts. The sources now permit a clearer distinction: Preßburger defended Halsmann at the first trial, while Pessler was one of his lawyers at the retrial. The case remains an important example of how antisemitism and public prejudgment can endanger fundamental principles of justice and the rule of law.

Frequently Asked Questions (FAQ)

Who was Philipp Halsmann?

Philipp Halsmann was a Jewish student born in Riga in 1906. In 1928, he was accused of killing his father during a mountain hike in Tyrol. After leaving Austria, he became an internationally celebrated portrait photographer under the name Philippe Halsman.

What happened to Morduch Halsmann?

Morduch Halsmann died on 10 September 1928 during a hike on the Schwarzenstein in the Zillertal Alps. His son stated that his father had fallen. The authorities treated the death as a homicide and accused Philipp Halsmann of killing him.

Why is the Halsmann trial considered controversial?

The prosecution relied largely on circumstantial evidence. Medical opinions and important elements of the case were criticized by legal scholars and other experts. The proceedings also took place in an atmosphere marked by antisemitism and extensive prejudicial press coverage.

What role did Richard Preßburger play?

Richard Preßburger served as Philipp Halsmann’s leading defence counsel at the first trial in 1928. After the conviction, he filed a successful plea of nullity, leading the Austrian Supreme Court to overturn the judgment and order a retrial.

What role did Franz Pessler play?

Franz Pessler and Richard Mahler represented Halsmann at the second trial in 1929. Pessler later published an extensive critical account of the proceedings entitled “Ein Bild des Prozesses.”

Was Franz Pessler’s involvement in the case merely a possibility?

No. His participation as defence counsel at the second trial is documented. The uncertainty in later accounts resulted primarily from confusion between the similar names Pessler, Pressler and Preßburger.

Why were Pessler and Preßburger confused in later accounts?

Their similar-sounding names were sometimes conflated in eyewitness recollections and subsequent publications. Preßburger represented Halsmann at the first trial, whereas Pessler defended him at the retrial.

Was Philipp Halsmann convicted twice?

Yes. At the first trial in December 1928, he was sentenced to ten years of severe imprisonment. After the Supreme Court quashed that judgment, he was convicted again at the retrial and sentenced to four years.

Was Philipp Halsmann legally rehabilitated?

Halsmann was pardoned by Federal President Wilhelm Miklas in 1930 and subsequently expelled from Austria. A pardon does not overturn the original conviction and therefore does not amount to formal legal rehabilitation.

What later happened to Franz Pessler?

Following Austria’s annexation by Nazi Germany, Franz Pessler was deported to Dachau Concentration Camp on 31 May 1938. He was registered there as prisoner number 14383.

Why does the case remain historically significant?

The case demonstrates how antisemitism, public prejudgment and disputed expert evidence can influence criminal proceedings. It raises fundamental questions about the presumption of innocence, the right to a fair trial and the responsibility of the judiciary.
Die Zuordnung der Verteidiger wird insbesondere durch die rechtswissenschaftliche Untersuchung The Halsmann Tragedy (1928/29) and the Vienna Law Faculty sowie die Forschungen zur Halsmann-Affäre in Innsbruck gestützt.