Halsman murder case
Encyclopedia
The Halsman murder case was a major political and social affair in Austria
, when Philippe Halsman
was accused of patricide
in 1928 and sentenced in a controversial trial in Innsbruck
. It showed widespread Anti-Semitism
in rural Austria in the time between the World Wars.
Morduch Max Halsman was murdered while on hiking
tour in the Zillertal valley
in Tyrol. The only other person present at the crime scene was his son, Philippe Halsman
, then a 21-year-old student of Engineering at Dresden
. Philippe said he was walking some steps ahead of his father, then heard a cry and saw him falling down to the precipice.
He climbed down to help his father and pulled his body out of the water. Then he cried for help and met a peasant women and a shepherd. The shepherd followed him to the place where the father's body lay, while the women ran to a nearby mountain inn, the Breitlahner, to call the Police. The police, accompanied by some local people, a doctor and the innkeeper from Breitlahner Josef Eder, arrived and investigated the scene. Philippe called it a tragic accident, but the others very soon considered the possibility of a murder and saw the son of the victim as their main suspect. He was brought to Breitlahner and formally arrested there. The next day the corpse of Morduch Max Halsmann was recovered and autopsied. Soon after, Philippe was brought to Innsbruck
.
came to support Philippe, but his position was critical right from the start. He was a stranger, he behaved arrogantly in court and made contradictory statements about how his father could have died, still claiming it an accident, which was merely impossible.
Evidence
against him came mostly from witnesses who found his behavior at the crime scene and at Breitlahner quite suspicious and from circumstantial evidence
. A stone had been found at the crime scene, with which Morduch Max Halsman had been hit several times, the victim's blood and hair was found on it. But the crucial point for the defense was that the prosecutor was not able to provide the jury
with any motive for the crime. After four days of trial, Philippe Halsman was found guilty and sentenced to ten years of imprisonment by the jury on a 9-3 majority.
The correctness of that judgement was immediately challenged by journalists and law scholars all over Austria
and Germany
. The Supreme Court
of Austria reversed the verdict and sent the case back to Innsbruck. At the second trial on October 19, 1929, Halsman was found guilty of manslaughter
and sentenced to four years of imprisonment.
in Tyrol and the public condemnation of Halsman in advance. Leading intellectuals of the time, among them Sigmund Freud
, Albert Einstein
and Thomas Mann
campaigned for Philippe Halsman's release. Finally, on October 1, 1930 the President of Austria
Wilhelm Miklas
pardoned him but he was ordered to leave Austria and never return there.
starring Patrick Swayze
and Ben Silverstone
deals with the events surrounding the death of Morduch Halsman and the Philippe Halsman Trial.
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, when Philippe Halsman
Philippe Halsman
Philippe Halsman was an American portrait photographer.-Life and work:Born to a Jewish family of Morduch Halsman, a dentist, and Ita Grintuch, a grammar school principal, in Riga, Halsman studied electrical engineering in Dresden....
was accused of patricide
Patricide
Patricide is the act of killing one's father, or a person who kills his or her father. The word patricide derives from the Latin word pater and the Latin suffix -cida...
in 1928 and sentenced in a controversial trial in Innsbruck
Innsbruck
- Main sights :- Buildings :*Golden Roof*Kaiserliche Hofburg *Hofkirche with the cenotaph of Maximilian I, Holy Roman Emperor*Altes Landhaus...
. It showed widespread Anti-Semitism
Anti-Semitism
Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
in rural Austria in the time between the World Wars.
The murder
On September 10, 1928, Latvian Jewish dentistDentist
A dentist, also known as a 'dental surgeon', is a doctor that specializes in the diagnosis, prevention, and treatment of diseases and conditions of the oral cavity. The dentist's supporting team aides in providing oral health services...
Morduch Max Halsman was murdered while on hiking
Hiking
Hiking is an outdoor activity which consists of walking in natural environments, often in mountainous or other scenic terrain. People often hike on hiking trails. It is such a popular activity that there are numerous hiking organizations worldwide. The health benefits of different types of hiking...
tour in the Zillertal valley
Zillertal
The Zillertal is the biggest valley branching off the Inn valley in Tyrol, Austria drained by the river Ziller. It is surrounded by the strongly glaciated Zillertal Alps to the south and east, the lower grass peaks of the Kitzbühel Alps to the east and Tux Alps to the west...
in Tyrol. The only other person present at the crime scene was his son, Philippe Halsman
Philippe Halsman
Philippe Halsman was an American portrait photographer.-Life and work:Born to a Jewish family of Morduch Halsman, a dentist, and Ita Grintuch, a grammar school principal, in Riga, Halsman studied electrical engineering in Dresden....
, then a 21-year-old student of Engineering at Dresden
Dresden
Dresden is the capital city of the Free State of Saxony in Germany. It is situated in a valley on the River Elbe, near the Czech border. The Dresden conurbation is part of the Saxon Triangle metropolitan area....
. Philippe said he was walking some steps ahead of his father, then heard a cry and saw him falling down to the precipice.
He climbed down to help his father and pulled his body out of the water. Then he cried for help and met a peasant women and a shepherd. The shepherd followed him to the place where the father's body lay, while the women ran to a nearby mountain inn, the Breitlahner, to call the Police. The police, accompanied by some local people, a doctor and the innkeeper from Breitlahner Josef Eder, arrived and investigated the scene. Philippe called it a tragic accident, but the others very soon considered the possibility of a murder and saw the son of the victim as their main suspect. He was brought to Breitlahner and formally arrested there. The next day the corpse of Morduch Max Halsmann was recovered and autopsied. Soon after, Philippe was brought to Innsbruck
Innsbruck
- Main sights :- Buildings :*Golden Roof*Kaiserliche Hofburg *Hofkirche with the cenotaph of Maximilian I, Holy Roman Emperor*Altes Landhaus...
.
The trial
Trial began on December 13, 1928 at the Innsbruck state court. Many relatives and friends from the Halsman family's hometown RigaRiga
Riga is the capital and largest city of Latvia. With 702,891 inhabitants Riga is the largest city of the Baltic states, one of the largest cities in Northern Europe and home to more than one third of Latvia's population. The city is an important seaport and a major industrial, commercial,...
came to support Philippe, but his position was critical right from the start. He was a stranger, he behaved arrogantly in court and made contradictory statements about how his father could have died, still claiming it an accident, which was merely impossible.
Evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
against him came mostly from witnesses who found his behavior at the crime scene and at Breitlahner quite suspicious and from circumstantial evidence
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
. A stone had been found at the crime scene, with which Morduch Max Halsman had been hit several times, the victim's blood and hair was found on it. But the crucial point for the defense was that the prosecutor was not able to provide the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
with any motive for the crime. After four days of trial, Philippe Halsman was found guilty and sentenced to ten years of imprisonment by the jury on a 9-3 majority.
The correctness of that judgement was immediately challenged by journalists and law scholars all over Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. The Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of Austria reversed the verdict and sent the case back to Innsbruck. At the second trial on October 19, 1929, Halsman was found guilty of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and sentenced to four years of imprisonment.
Aftermath
Observers of the trial noted the widespread Anti-SemitismAnti-Semitism
Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
in Tyrol and the public condemnation of Halsman in advance. Leading intellectuals of the time, among them Sigmund Freud
Sigmund Freud
Sigmund Freud , born Sigismund Schlomo Freud , was an Austrian neurologist who founded the discipline of psychoanalysis...
, Albert Einstein
Albert Einstein
Albert Einstein was a German-born theoretical physicist who developed the theory of general relativity, effecting a revolution in physics. For this achievement, Einstein is often regarded as the father of modern physics and one of the most prolific intellects in human history...
and Thomas Mann
Thomas Mann
Thomas Mann was a German novelist, short story writer, social critic, philanthropist, essayist, and 1929 Nobel Prize laureate, known for his series of highly symbolic and ironic epic novels and novellas, noted for their insight into the psychology of the artist and the intellectual...
campaigned for Philippe Halsman's release. Finally, on October 1, 1930 the President of Austria
President of Austria
The President of Austria is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead...
Wilhelm Miklas
Wilhelm Miklas
Wilhelm Miklas was an Austrian politician who served as the third President of Austria, from 1928 until its annexation by Nazi Germany in the Anschluss 1938.-Early life:...
pardoned him but he was ordered to leave Austria and never return there.
In popular culture
The 2007 film Jump!Jump! (film)
Jump! is a 2007 British-Austrian drama film written and directed by Joshua Sinclair. It starred Ben Silverstone, Patrick Swayze and Martine McCutcheon. It was loosely based on the real-life Halsman murder case. The film was premiered on the 2009 Jewish Film Festival in June 2009...
starring Patrick Swayze
Patrick Swayze
Patrick Wayne Swayze was an American actor, dancer and singer-songwriter. He was best known for his tough-guy roles, as romantic leading men in the hit films Dirty Dancing and Ghost, and as Orry Main in the North and South television miniseries. He was named by People magazine as its "Sexiest...
and Ben Silverstone
Ben Silverstone
Benjamin Maurice Silverstone is an English barrister and former actor. He has one sister and one brother. He studied English at Cambridge University and law at the LSE.-Career:...
deals with the events surrounding the death of Morduch Halsman and the Philippe Halsman Trial.