Dr. jur. Richard Preßburger (1862-1938) – Star Lawyer of the First Austrian RepublicRichard Preßburger was among the most prominent Austrian lawyers of the interwar period. As a criminal defense attorney, he gained a reputation for his exceptional legal expertise and became known far beyond professional circles, not least through his role in the Halsman case. His career reflects the significance of the liberal educated middle class within the legal culture of the late Habsburg Monarchy and the First Austrian Republic. Born in Vienna on 16 February 1862, Preßburger studied law at the University of Vienna and received his Doctor of Law degree in 1886. In 1893, he was admitted as a Court and Imperial Advocate (Hof- und Gerichtsadvokat). Over the following decades, he appeared in a number of high-profile criminal and political trials. Among the most notable was the treason trial of former Minister of War Moritz von Auffenberg in 1915. He also participated in several widely reported murder trials and other prominent proceedings during the interwar years. Preßburger was known not only for his courtroom skills but also for his engagement with legal reform. An opponent of capital punishment and a member of international legal organizations, he advocated changes to criminal procedure and contributed to contemporary debates on the modernization of the justice system. He died in Vienna on 28 January 1938, only a few weeks before the annexation of Austria by Nazi Germany in March 1938. His life and career span a period of profound political and social transformation, from the final decades of the Habsburg Monarchy to the end of the First Austrian Republic. Richard Preßburger and the Halsman CaseIn December 1928, Richard Preßburger assumed the defense of the then 22-year-old Philippe Halsman before the Innsbruck jury court, entering a trial that was overshadowed by controversy from the outset. Public opinion was highly charged, and antisemitic sentiments shaped both the atmosphere in the courtroom and the reporting in sections of the press. The accusation was grave: Philippe Halsman, a Jewish student from Riga, was alleged to have murdered his father, Morduch (Max) Halsman, during a hiking trip in the Zillertal Alps. No clear motive was ever established, and the prosecution’s case rested entirely on circumstantial evidence. Nevertheless, the proceedings developed into one of the most widely discussed criminal cases in Europe. Contemporary observers and later historians have regarded the Halsman trial as an early and striking example of antisemitic influences within the Austrian justice system. The fact that figures such as Sigmund Freud, Albert Einstein, Thomas Mann, and Jakob Wassermann publicly supported Halsman illustrates the international attention the case attracted. Preßburger fought vigorously for his client. He pointed to inconsistencies in the expert reports, drew attention to the prejudicial atmosphere surrounding the proceedings, and, following the first conviction—which sentenced Halsman to ten years of severe imprisonment (schwerer Kerker)—successfully filed a plea of nullity (Nichtigkeitsbeschwerde) before the Austrian Supreme Court. In 1929, the conviction was indeed quashed, and a retrial was ordered. In the second trial, however, Preßburger no longer served as lead defense counsel. He was succeeded by the Innsbruck attorneys Franz Pessler and Paul Mahler. This change of representation appears to be the source of a confusion that occasionally persists to this day. The names “Pressburger,” “Pressler,” and “Pessler” are similar, and in the recollections of former Dachau prisoners as well as in later eyewitness accounts, the roles of the two lawyers were apparently conflated. Richard Preßburger conducted the first, highly publicized trial; Franz Pessler represented Halsman in the second. read more:Blog (EN) Dr._jur._Franz_Pessler Blog (EN) Dr._jur._Franz_Pessler _part_2 The Dreyfus Affair – A Miscarriage of Justice of Global SignificanceIn 1894, Alfred Dreyfus, an artillery officer in the French Army, was accused of treason and sentenced to life imprisonment on Devil’s Island. The evidence against him was deeply flawed, the proceedings were permeated by prejudice, and the political climate was highly charged. Dreyfus was Jewish. For many of his contemporaries, that alone appeared sufficient grounds for suspicion. As it gradually became clear that the accusations were unfounded, the case developed into an international cause célèbre. Writers, lawyers, and intellectuals demanded a reopening of the proceedings and the correction of a grave injustice. The most influential intervention came from the novelist Émile Zola, whose open letter “J’Accuse…!”, published on the front page of a Paris newspaper in 1898, denounced the failures of the French judicial system with unprecedented force. The letter divided France and attracted worldwide attention. The Dreyfus Affair became a symbol of the struggle for the rule of law, the right to a fair trial, and the protection of minorities against state injustice. Its impact extended far beyond France. Across Europe, it heightened awareness of the dangers posed by a politicized judiciary and provided lawyers, reformers, and human rights advocates with powerful arguments in defense of legal safeguards and judicial independence. The affair remained a point of reference well into the twentieth century, including in interwar Vienna. Concern over wrongful convictions and the vigorous defense of the rights of the accused formed an important part of the professional ethos of Dr. Richard Preßburger. It was therefore no coincidence that, decades later, he found himself involved in a trial that many contemporary observers openly compared to the Dreyfus Affair. read more:en.wikipedia.org/wiki/Dreyfus_affair Historical Background of the Halsman Trial The Halsman trial unfolded against a backdrop of deepening political and social turbulence in Austria. Antisemitism was rampant – in Tyrol, particularly so. Segments of the press seized on the proceedings against the young Jewish student, deliberately stoking nationalist sentiment and transforming a criminal trial into a public spectacle. It is little surprise, then, that historians have drawn comparisons to the Dreyfus Affair. The parallel is compelling: in both cases, prejudice, nationalist resentment, orchestrated media campaigns, and profound doubts about judicial impartiality combined to make a fair trial all but impossible from the outset. Philippe Halsman was eventually pardoned by Federal President Wilhelm Miklas. He emigrated first to Paris, then to the United States – where he reinvented himself as one of the most influential photographers of the twentieth century. His portraits of Albert Einstein, Marilyn Monroe, Winston Churchill, and Salvador Dalí became icons of the genre and remain instantly recognizable today. The case left a lasting imprint on cultural memory. Literary and cinematic retellings followed in the decades after the trial. The most widely seen adaptation remains the feature film Jump! (2008), in which Patrick Swayze portrayed defense attorney Richard Preßburger. read more:viennalawreview.com/index.php/vlr/article/view/4181/3930 en.wikipedia.org/wiki/Wilhelm_Miklas 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. read more:Online, https://www.oesta.gv.at/dam/jcr:e4589f1b-3fd2-44fa-bd16-a2ab01b1e4a0/Adm%20August%2021%20Anklageschrift.pdf, (Access: June 12, 2026) Document from the Auffenberg Trial (1915)The indictment reproduced here, issued by the Imperial and Royal (k.u.k.) Divisional Court in Vienna in June 1915, relates to one of the most prominent political trials of the late Habsburg Monarchy. Former Austro-Hungarian Minister of War General Moritz Ritter von Auffenberg was accused of disclosing military secrets. The case attracted widespread attention both within Austria-Hungary and abroad, becoming a significant judicial and political affair during the First World War. For Dr. Richard Pressburger, the defense of Auffenberg marked an important stage in his legal career. The trial contributed substantially to his reputation as one of the leading criminal defense attorneys of his generation and brought him to the attention of a wider public. At the same time, the document offers valuable insight into the language, legal procedures, and political culture of the Austro-Hungarian military justice system in the final years before the collapse of the Monarchy. read more:en.wikipedia.org/wiki/Moritz_von_Auffenberg Court and Imperial Advocate (Hof- und Gerichtsadvokat) The title Court and Imperial Advocate (Hof- und Gerichtsadvokat) was the official designation for a licensed attorney in the Habsburg Monarchy who was authorized to represent clients before the courts. The term Hof (“Imperial Court”) referred to the lawyer’s accreditation before imperial authorities and courts, while Gerichtsadvokat (“court advocate”) denoted the function of legal representation in judicial proceedings. Court and Imperial Advocates belonged to the legal elite of the monarchy and frequently appeared in important civil, criminal, and administrative cases. After the collapse of the Habsburg Empire in 1918, the title gradually fell out of official use and was eventually replaced by the modern designation “attorney-at-law” or “lawyer.” Plea of Nullity (Nichtigkeitsbeschwerde) A Plea of Nullity (Nichtigkeitsbeschwerde) is an extraordinary legal remedy in Austrian criminal procedure that may be filed when serious procedural errors or violations of law have occurred during a trial. Unlike an ordinary appeal, it does not primarily challenge the court’s assessment of evidence; rather, it examines whether the proceedings were conducted lawfully and whether the judgment complied with statutory requirements. In the Philippe Halsman case, Richard Pressburger successfully filed a Plea of Nullity before the Austrian Supreme Court, which subsequently annulled the verdict and ordered a new trial. Rigorous Imprisonment (Schwerer Kerker) The term Rigorous Imprisonment (Schwerer Kerker) referred to a particularly severe form of custodial punishment under Austrian criminal law during the nineteenth and early twentieth centuries. It differed from ordinary imprisonment by imposing harsher detention conditions, which could include compulsory hard labor, restrictions on visits and correspondence, and periods of intensified confinement. It was regarded as one of the most severe penalties available under the criminal code of the time and was generally reserved for serious offenses. In the first Halsman trial, Philippe Halsman was sentenced to ten years of rigorous imprisonment (zehn Jahre schwerer Kerker). read more:geschichte.univie.ac.at/en/persons/alfred-verdross-drossberg ConclusionRichard Preßburger was more than a successful criminal defense attorney. He embodied a conception of law rooted in Enlightenment values, human dignity, and an unwavering belief in fair proceedings – values that during the interwar period were not merely coming under pressure, but being systematically eroded. The Halsman trial encapsulates these tensions with striking clarity. A young Jewish student, an inflamed public, an atmosphere poisoned by resentment – and one attorney who stood against it. That Preßburger succeeded in overturning the first verdict was a considerable legal achievement. That such a fight was necessary at all said everything about the state of the times. The parallel to the Dreyfus Affair, drawn by contemporaries and historians alike, is no rhetorical flourish. In both cases, the justice system failed precisely where it was needed most: as a bulwark against prejudice, public hysteria, and political pressure. And in both cases, it was individuals – lawyers, writers, intellectuals – who named that failure openly and refused to be silenced. Richard Preßburger died on 28 January 1938, just weeks before the annexation of Austria. He did not live to witness the final destruction of the legal system to which he had devoted his life. What endures is his legacy – a testament to what committed jurisprudence can mean, precisely when the rule of law is at its most vulnerable. read more:Blog 87 (EN) Dr. Ernst Verdross (einzeln) Book _ Presentation _Concentration Camp Dachau
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