. NMT05-T1248
Volume V · Page 1248
| the case and not what either counsel may say
about the facts. The briefs of respective counsel are not evidence. If neither
prosecution nor defense counsel had filed briefs, or if both sides had filed
many briefs, or if one side had filed more briefs than the other, the judgment
would still have to be based on the evidence in the record-and that alone.
Whatever disadvantage the defense claim they may have suffered because of the order of 13 October 1947, is now being rectified. The Tribunal has reconvened for the purpose of correcting any error and of making any revision which justice dictates. The fact that Dr. Froeschmann has not added anything to what was contained in his petition of 17 November 1947, in the way of substantive argument in behalf of his client, offers the explanation that he has nothing further to say for Karl Mummenthey. The Tribunal having reconsidered the entire record in the Mummenthey case in accordance with what has been stated in this supplementary opinion, now concludes that nothing has been presented since the judgment of 3 November 1947, to justify any change or modification of it. Under all the evidence in the case the Tribunal concludes that the sentence is entirely proper and just. The judgment and sentence are accordingly reaffirmed. |
| HANS BOBERMIN |
| Dr. Gawlick has submitted an interesting,
exhaustive, and able, "further brief," in behalf of his client Hans Bobermin.
The brief has been read with great care and the original record has again been
examined. The Tribunal is convinced that Hans Bobermin is not a brutal
personality. Had it not been for the Nazi regime, there is no reason to
disbelieve that his life would have been free of criminality and of direct or
indirect violence. One of the most frightful aspects of National Socialism was
its corroding influence on people originally of good conscience and of good
will. However, these who fell under the evil effects of Hitlerism cannot excuse
themselves from blame by pleading coercion. There was a time when they were
free to do as they chose. There came a time when the intentions of Hitler and
his Nazi Party — unprovoked aggression against other nations, enslavement
of innocent peoples, extermination of populations, expropriation of property
— became plain to any one with a modicum of intelligence. All this had to
be clear to Bobermin as it was clear to those who were convicted at the IMT
trial. Bobermin did not lead an army of bayonets into Poland, nor did he sign any decrees of executions against unoffending peo- […ples] |
