. NMT05-T1235
Volume V · Page 1235
| to file. Thus defense counsel
for Karl Mummenthey, as all other counsel, were informed on two different
occasions to file further briefs if they chose to do so. Defense counsel for
Mummenthey filed what he called a memorandum in which he repeats some arguments
made in his petition which already covered fifty pages. In the reconsideration
of this case, the Tribunal now excludes from the evidence the letter allegedly
written by Mummenthey on 2 May 1944 to the codefendant Baier. The prosecution
has acknowledged that although it had stated in open court that it intended to
present this document, it did not, through an oversight, actually present the
document. Defense counsel in his petition, after making the statement. "The following immediately refutable findings are chosen at random," enumerates certain alleged errors in the findings, which will now be taken up seriatim: |
a. "In 1934 Mummenthey did not join the General SS, but the riding units of the SS." |
| In this respect, reference is made to Karl Mummenthey's own testimony, in which the following appeared: |
"Q. * * *. You joined the SS in 1934, is that right? " |
| In this connection, reference is again made to Mummenthey's own statement: |
"In the legal department of the administrative office of the SS, I worked mainly on giving expert opinion on contracts of all types." (Tr. p. 5518.) |
| There can be no doubt that one who gives expert opinion is certainly a "legal advisor." |
c. "Mummenthey did not arrange with Salpeter to be taken into the Waffen SS in order to avoid being drafted into the army. Rather, he was drafted into the Waffen SS at the instigation of Salpeter." |
| Again we will look at Mummenthey's own words to support the statement in the opinion: " |
* * *. In the year of 1940, since I had served with the Wehrmacht, I received an order to report to a rifle battalion, and I received that from the army corps area, Berlin-Wilmersdorf. |
887136 — 50 — 79
