Child, I'm opting to forgo slumber tonight

In a courtroom in Feldkirch, Judge Dr. Hämmler handed down prison sentences to Regina Hagen, Hermann Hofer, and Johann König on October 10, 1944. The trio was found guilty of aiding a deserter, as per § 220 StG, and were sentenced to prison terms.

The deserter in question was Josef Hagen, a textile worker and soldier, who had received home leave in May 1944 to visit his family in Lustenau. Tragically, his unit, the Artillery Regiment 349, was completely wiped out with the 349th Infantry Division in North Ukraine in July 1944.

Fearing for her son's safety, Regina Hagen attempted to prevent him from returning to his unit. She found an ally in Hermann Hofer, Josef's uncle and a veteran of the First World War, who knew a local guide, Johann König, who had previously helped his son, Anton, escape to Switzerland.

Johann König agreed to guide Josef Hagen to Switzerland to avoid being sent back to the front. On May 30, 1944, he led Josef to a pipe canal near the old Rhine baths as a means to cross into Switzerland. However, their attempt was thwarted by Willibald Hofer, an assistant customs officer, who witnessed the incident and fired shots, severely wounding Josef Hagen.

Following the incident, the Gendarmerie identified the fugitive as Josef Hagen, and further investigations led to the arrest of Johann König on suspicion of aiding and abetting desertion. Regina Hagen was also implicated in the case, and she was charged alongside Hermann Hofer and Johann König.

Hermann Hofer's verdict was quashed due to the lack of an expert opinion on his fitness to stand trial, and there was no further trial against him. Regina Hagen was sentenced to four months in prison, while Johann König received a ten-month sentence.

However, Regina Hagen was not fit to serve her sentence due to health reasons, and Johann König was transferred to the penal camp of Rodgau-Dieburg in Hesse. The sentences were lower than the charges brought by State Prosecutor Herbert Möller, and the Chief Public Prosecutor appealed against the sentences.

On November 15, 1944, the Innsbruck Higher Regional Court increased Regina Hagen's sentence to six months and Johann König's sentence to fifteen months. Despite the increased sentences, both Regina Hagen and Johann König served their time in prison.

Interestingly, a condolence letter was found during a search of Johann König's apartment, expressing understanding for a soldier's desire to desert due to the war's hardships. This letter underscores the difficult choices and moral dilemmas faced by ordinary people during wartime.

Josef Hagen's family consisted of his parents and six siblings, three of whom were also soldiers in the Wehrmacht. One of Josef's brothers, Robert, was reported missing at the Eastern Front, causing his mother, Regina, to fear for Josef's safety. Deserting to Switzerland offered better chances of survival for Josef Hagen.

Johann König was liberated by the Allies on April 25, 1945. It is unclear what became of Regina Hagen and Hermann Hofer after their sentences were served. This case serves as a reminder of the complexities and moral ambiguities of wartime actions, and the consequences that followed.