In March 1938 Austria became part of an enlarged Germany following an annexation which progressed without much effective opposition from the Austrian political establishment. On 14 July 1942 Anton and Emilie Tolnay were arrested again. Most of the surviving evidence on their political activism comes from the indictment presented on 22 December 1943 by the Chief Prosecutor, when the Tolnays faced trial at the Vienna branch of the special People's Court. They had "participated in the reorganisation of the illegal [anti-government] resistance struggle during 1941 and 1942". They had provided support for the wanted Communist official, Adolf Neustadtl, "and enabled Neustadtl to regain physical strength" (by supplying him with food). The prosecutor made clear the assessment that Anton Tolnay was strongly influenced by his "mentally far superior" wife. The case was also made that Emilie Tolnay had successfully recruited and to work with the illegal "Communist Opposition".