AtoM
David Conde fonds
International Military Tribunal for the Far East
Trial transcripts
Conde, David W.
application/pdf
— — 一 . . .1只 DEGEUBHB 1.9^ I N D E X Of WITNESSES Prosecution' s_Witne_ss_es Barnett, James, Chaplain, Canadian A r m y Active Force Direct by Brigadier Nolan Cross by Ilr. Logan " L I r . Blewett (Witness excused) Pago 13112 13112 13147 13158 13161 Pros, No. 1579 1580 1580-A 1581 Def, No： I N D E X Of EXHIBITS Description For In Ident. Evidence Synopsis of Evidence - Pル Camps in Burma not connected v/ith the Burma/Siar. Railway 1 3 W Affidavit of Ilajor C.E. Green 13098 Excorpt thorefron 13098 Affidavit of Chaplain F . H . Bashford 13099 c o o N D 5453 5275 5275 5206B 5206B 1581 -A Excerpt therefrom 13099 I N D E X D o c . P r o s . D e f , N o . N o . No, 5038B 1582 5038B 1582-A 5274 1 583 5274 5454 5125 5125 54-55 1583-A 1584 1585 1585-A 1586 5156 1587 5156 5394 5394 1587-A 1588 1588-A Of EXHIBITS (cont'd) Description Affidavit of Lieutenant C o l o n e l G . E . R a m s e y Excerpt therefrom Affidavit of Wing Commander of L . V . H u d s o n Excerpt therefrom Synopsis of Evidence - Mergui-Kirihkan Road Affidavit of Major V . Bennett 13104 Excerpt therefrom Synopsis of Evidence - Civilians in Siam F o r In Ident。 Evidence 13100 13101 Affidavit of M i s s M . J . M . Magness Excerpt therefrom Affirmation of K a l u R a m Excerpt therefrom 13107 13108 13100 13102 13104 1 3 1 0 5 13107 13107 13109 I N D E X D o c , P r o s . D e f . N o . N o . N o . 2753 1589 5089B 1590 5089B 1?90~A 5089H 1591 5089H 508 9E 5089B 508 9F 508 9F 5100 1591-A 1592 1592-A 1593 1593-A 1594 5100 1594-A Of EXHIBITS (cont'd) Description Synopsis of the H o n g Kong Affidavits Statement of M r s . X Excerpt therefrom Statement of Sister X , T e r r i t o r i a l A r m y Nursing Service Excerpt therefrom Statement of Sergeant H . P e a s e g o o d , R . A . M . C . Excerpt therefrom Statement of Sergeant J . H . A n d e r s o n , R . A . M . C . Excerpt therefrom Affidavit of Captain S . M . B a n f i l l , R . A . M . C . Excerpt therefrom For I d e n t . 13X62 13163 13164 1 3 X 6 5 13166 In Evidence 13162 13163 13164 1 3 1 6 5 13166 13167 I N D E X D o c . N o . 5286A 5286A 5089D 50P9D 5089c 50P9C 5287A 5267A 52&9 A 5 28 9 A 5101 P r o s . N o . 1 ^ 9 5 1595-A 1596 1596-A 1597 1597-A 1598 D e f . N o . 1598-A 1599 1599-A 1600 OF EXHIBITS (cont'd) Description Affidavit of Captain Osier T h o m a s , Honf Kong Volun- teer Defense Corps Excerpt therefrom Statement of Corporal N . J . L e a t h , R ^ A . M . C , Excerpt therefrom Statement of Serpeant T , R . Cunningham, n 拳 A • iv.i p c« Excerpt therefrom Affidavit of Martin Tso • Him C h i , ?th Anti Air- craft B s t t e r y , Hong Kong Volunteer Defense Corps Excerpt therefrom Affidavit of Brother Hieheel Hogan Excerpt therefrom • Affidavit of Lance Ser- geant W» A . Hall For Ident, 13168 13169 In Evidence 13170 13172 13173 13174 13168 13169 13171 1 3 1 7 2 13173 5101 l600“/i Excerpt therefrom 13174- I N D E X 1605 Affidavit (WO II) C . M . S M . S . Myatt, 1605-ム 1606 1606-/. 1607 Excerpt therefrom Affidavit of Lieutenant Colonel F . D . Field, Royal Artillery Excerpt therefrom Affidavit of Reverend E , J . Green, M . M . , (R. C.) 1607-A Excerpt therefrom OF EXHIBITS (cont'd) Pros. D e f . N o . . 一 N o , Description 1601 Affidevit of Colonel L . T . Hide , 1601-A Excerpt therefrom 1602 Statement of 1st Lieute- nant TAKAKi,, Hi to shi 1602-A Excerpt therefrom 1603 Affidavit of Hajor R . D . Buck, R . A . P , C . 1603-A Excerpt therefrom 1604 Affidavit of Lieutenant Colonel George Trist 1604-A Excerpt therefrom For In Ident。 Evidence 1 3 1 7 5 1 3 1 7 5 13176 13176 13177 13177 13178 13179 13180 131P0 13181 13181 13182 13182 Doc« N o . 5288A 5288A 52&AA 5284A 5099 5 0 9 9 ヲ093 ハ 5 0 9 3 5090 5090 5 0 9 5 5 0 9 5 5096 5096 • • Q J • f • c o V I N D E X Doc c N o . 5089A 5 0 8 % 5456 5 1 1 3 5 1 1 3 5 1 1 5 5 1 1 5 5114 5 1 1 4 5 1 1 6 5 1 1 6 ヲ 1 1 7 5 1 1 7 5 3 1 7 5 3 1 7 Pros, N o . 1608 1608-A 1 6 0 9 1610 1610-1 l6ll 1 6 1 1 - ム 1612 1612-1 1 6 1 3 1613-ム 1 6 1 4 1614-ふ 1 6 1 5 1615-人 Def, No」 OF EXHIBITS . (cont'd) Description Affidavit of Lieutenant Colonel C . 0 o Shackle- ton, R . A. M . C . Excerpt therefrom Synopsis re the i.ndemen Islands Affirmation of Ibdul Ran: Excerpt therefrom Affirmation of Py?ray Mohsn Excerpt therefrom Affirmation of Habib- Urrahmsn Excerpt therefrom Affirmstion of Zaitoon Bibi Excerpt therefrom Affirmation of Mohamed Hussain Excerpt therefrom Affirmation of Imdsd Lli Excerpt therefrom For Ident, 1 3 1 8 3 In Evidence 13185 131?6 13187 131P8 1 3 1 8 9 1 3 1 9 0 1 3 1 8 4 13185 13186 1.3186 131P7 13188 1 3 1 9 0 1 3 1 9 1 I N D E X Of EXHIBITS (cont'd) 广へ D o c . N o . P r o s . D e f . N o . N o . Description For Ident. In Evidence 5318 1616 Affirmation of Ilurad A l i 13192 5318 I6l6-A Excerpt therefrom 13192 5319 1617 Statement of Btuni Nadan 13193 5319 1617-A E x c e r p t therefrom 13194 5321 1618 Affirmation of Iiohammad (Coolie) 13194 5321 1618-A Excerpt therefrom 1 3 1 9 5 5322 1619 Stntement of Kihei Yamane 1 3 1 9 5 5322 I619-A Excerpt therefrom 13196 5112 1620 Statement of L e s l i e , a Nicobarese 13196 5112 1620-A E x c e r p t therefrom 13197 5111 1621 Statement of U r s . I . Jones 13198 5111 1621-A E x c e r p t therefrom 13198 5110 1622 Stateirent of Reverend John R i c h a r d s o n 13199 5110 1622-A E x c e r p t therefrom 13200 5457 1623 Synopsis of Evidence - Hainan Island 13201 I N D E X O f EXHIBITS (cont'd) D o c . Noc P r o s . D e f . N o . N o , Description For Ident. In Evidence 5335 1624 Affidavit of D r .町 . A i t k i n 13201 5335 1624-A Excerpt therefrop 13202 5264A 1625 Affidavit of Major I. F . 11a era e 13203 5264k 1625-A Excerpt therefrojn 13203 5250 1626 Affidavit of A . F . Wins or- 13204 5250 1626-A Excerpt therefrom 1 3 2 0 5 5251 1627 Affidovit of IIojor R . G . Turner 1 3 2 0 5 5251 1627-A Excerpt therefrom 13206 5251 1627- B Photographs (submitted w i t h p r o s e c u t i o n 1 s document 5251 for identification only) 13207 5458 1628 Synopsis of Evidence - Formosa 13208 5182 1629 Affidavit of Colonel C . R . S t r i n g e r , R.A.II.C. 13208 5182 1629-A Excerpt therefrom 13208 5172 1630 Affidavit of James C r o s s , L i e u t e n a n t , R o y a l Artillery 13210 13，09ぐ、 W e d n e s d a y , 1 8 December,194-6 mm mm • INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST Court House of the Tribunal War Ministry Building T o k y o , Japan The Tribunal m e t , pursuant to adjournment, at 0930. Appearances: For the Tribunal, same as before with the exception of: HONORABLE JUSTICE D . JARANILIA, Member from the Republic of the Philippines, not sitting. For the Prosecution Section, same as before. For the Defense Section, same as before. The Accused: All present except OKAWA, S h u m e i , who is represented by his counsel. (English to Japanese and Japanese to English interpretation was made by the Language Section, II'ICFE.) 13,097 IIARSHAL OF THE COURT : The ェ n t e r n a t i o n n l Llilitary Tribunal for the Fnr East is now in session. THE PRESIDENT: Major Ho ore. LANGUAGE ARBITER (Major 1'oore) : M r . Presi- dent, v;ith the Tribunal's permission we present the following language corrections. These corrections have been agreed upon by both prosecution snd defense. Exhibit 5〇7, record page 6,129, lina 10, delete from "appraciatos" to the and of the paragraph and read "appreciated the idea of an understanding v/ith Russia and that there wo.s c.3rt.ainly 3 prospect of these ideas soon finding acceptance in Japanese foreign policy. SHIRATORI, who would soon return to Tokyo from his post of Air.bass^dor in Ror.o, would also work along these lines." THE PRESIDENT: M r . Justico ^I-ansfield. m . JUSTICE MANSFIELI；: If the Tribunal please, エ tender prosecution document No. , ^ further synopsis. , THE ffiSSILENT: Admitted on the usu:l terms. CLERK OF THE COURT: Prosecution's document N o . 5A53 will receive exhibit No. 1579 for identification (••'/herjupon, the documGnt above referred to wcs marked prosecution's exhibit No.1ジ79， and was receivoci in evidence.) E - a e r & L u - a a 13,098 m . JUST .IDE IJANSFIELD: Prisoner of war cnmps in Burma not connected with the Burma-Sisir. R n i l w ^ y . Prosecution document numtiereQ 5275, the affidavit of jor C . G r e o n , is now introoucecl for identification. CLERK OF THE COURT: Prosecution's document N o . 5275 w i l l receive exhibit N o . 1580 for identifica- tion only. ("/hereupon, the document above reforrec to w a s marked prosecution's exhibit N o . 1580 for identification.) m , JUSTICE T 'ANSFIELD; Ana the parked excerpts thoroin baing offeroci in e v i d e n c e . THE PHSSIDENT: Adnittad on the u s m l terms. CLERK OF THE COURT; And the marked excorpt therefrom, boaring the s^me document nurr.ber, w i l l receive exhibit N o . 1580—A, (Wher upon, tho document nbova referred to w^s marked prosecution's exhibit N o . l ^ O - A , and wts received in evidence.) m . JUSTICE I^NSFIELD: This documont states thnt at Aerodrome Cncip, Victoria P o i n t , in June 1942, a prisoner of vjnr having ascr.pcd, a number of other prisoners of war and officers wore imprisoned until the mr.n's recapture. Y/hon tho men vns founc, the 13,099 Japanese senior officer said that thoro w^s nn order that anyone attempting to escape wr.s to be shot and that this m a n , tharefora, had to be snot. The witness, as the cejap commnciant, rnado cvory attor^pt to prevent the execution, v/hich was nevortholoss o^rried out in front of the w i t n e s s . Thore had boon no trial. Prosecution ciocuinant numbared 5"206-B, the affidavit of Chaplain F . H . B a s h f o r e , is tendered for icontificotion. CLERK OF THE COURT : Prosecution's cocurront N o . 5206-B will receive exhibit N o . (Whereupon, the docunent above referred to was marked prosecution's c-xhibit N o . 1581 for idontificntion.) m . JUST ICE L1AKSFISLD: Ana the marked excerpts thereof ^ntr-odnced ia evioenca. THE PRESIDENT: Admitted on the usun.l terms. CLERK CF THE COURT ： The marked excerpt therefrom, bearing the ssne ciocunient nur.ber, will receive exhibit N o . 1581-A. ひ/hereupon, the document above referred to w?s markec prosecution's exhibit N o . l58l—A, nnd T 7as received in evidence.) M . JUSTICE I'ANSFIELD: Tuis document states that in June 194-2 eight prisoners of wnr ssenpea from 1 3 , 1 0 0 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 25 T a v o y AerodroKe C n m p . On recapture, they were executed, the witness being p r e s o n t . Letters of protest inst the execution by tha senior British officer ^/ora of no ^vnil. Prosecution cocunent nunbered 5038-B, the affidavit of Lieutenant Colonel G . E . R a m s e y , is now ' o f f e r e d for identification. CLcCRK OF THE COURT: Prosecution's document N o . 5038-B -vill receive exhibit N o . 1ラ 8 2 for identi- fication only. (Wnercupon, the ciocunent ？.bove roferrsd to すs nnrl ed -orosacution's exhibit N o . 1582 for identification.) 1 3 . JUSTICE I MANSFIELD: The marked excorpts thereof boing procuceo in evidence. THE PRESIDENT s Adiritteci on the usir.l torns. CLERIC 0? THE COURT : T h s rmrkeo excerpt therefron, benring the sn，e cocument number, '"'ill receive exhibit N o . 1^82-A. I ("/hereupon, the document Tbove referred to was Karkec prosecution's exhibit N o . 1582-A, ^ind ",vas received in evidence.) m . JUSTICE LAKSFIELD: This document states thnt in Llay 1942, tho witness v/as conrnnoing r prisoner of T, 'ar c.°mp I'ergui. Tho cnmp s 13,101 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 | 1 7 ！ 18丨 19 ‘ 20 21 22 23 2 4 25 overcrowded, m a n y of the men h-id dysentery,つnd hos- pital facilities ciio not e x i s t . Three men were shot for allegedly trying to e s c a p e . The witness rrade r opresontations to tho Japanese commanaer, to no avnil. At T n v o y in September 1942, prisoners of vnr were employed on enlarging a military aerodrome. Throe nen accused of st ealing stores were t°.kGn t o the gaol ana there tortured savagely bv the F e m p e i t n i . TH3 PRESILENT: M r . Justice T T nnsfield, the three Australians shot at ？！[orgui "jere l a v e y s , Boll nnd Shubsrth. We had evidence about then b e f o r e . M R . JUSTICE HANSFIEDC ； Th-t is c o r r e c t . THE PRESIDENT: In tho f u t u r e we would like you to indicate w h e n nn execution like this has b e e n previously testified to or any other atrocity of any importance. i!R. JUSTICE MANSFIELD: Y e s , I w i l l co t h a t . Prosecution document numbered 5274, the affi- davit of、'ing Commander L . V= H u d s o n , is tendered f or identification. CLERK OF T H E COURT J Prosecution's document N o . 5274 w i l l roceive exhibit N o . 1583 for identifiers tion only. (Whoroupon, the document nbove 13,102 rsferroc. to wr‘s narked prosecution 1 s exhibit N o . 1583 for identification.) m . JUSTICE ？'IK丁SFI3LD: And the excerpts marked therein produced in sviconce. THE PRESILENT: Admitted on the usu',1 tern-s. CLERK OF THE COURT: And the excorpt there- from, bearing the sarpo documont n u m b e r , will reccivo exhibit N o . 1583-A. (Whoraupon, tho document above referred to wr s marked prosecution' s c-xhibit N o . 1583-A, end wis recoivsd in evidanco.) M R . JUSTICE KANSFIELL: This document st-tes thst in March 1945 3 r.t Rangoon Prison, two non -vho wore seriously ill wara rofusee medicil nid by the Japanese doctor, w h o said they were dying anyway. In feet, the men did die within a w e e k . On numerous occasions the doctor and bis orderly were nsksd for trGntriont to which the nnswer w a s , as before, thnt since the men were dying, to give drugs to thorn would be 3 w。.ste。 Tha coDniandant of the prison inspected the pitiful bareness of tho coll which served as a hospital 3nd snw tho condition of the sick without comment. Tho witness was be.-aten u p bv the doctor and his medical orderly for writing a conpl^int to the 13,103 conmanoant on the conditions in which the sick v/ore l i v i n g . I procUce prosecution document N o . > THE PRESIDENT: Admitted on tbe usual terms. CLERK OF THE COURT: Prosecution's docu- ment N o . will receive exhibit N o . (""hereupon, the document above referred to v^as marked prosecution's ex- hibit N o . 1584 and received in evidence.) M R . JUSTICE MANSFIELD: Mergui — Kirihkan R o a d . Prosecution document numbered 5125, the affidavit of Majjor V . Bennett, is now introduced for identificstion. CLERK OF TFE COURT: Prosecution's docu- ment K o . 5125 will receive exhibit N o . 1585 for identification only. TFF, PRESIDENT: Admitted on the usual terms. ( h e r e u p o n , the document above referred to was marked prosecution's ex- hibit N o . 1 5 8ヲ for identification only.) FPU JUSTICE FANSFISID: Tbe excerpts marked wherein are now offered in evidence. TFE PRESIDENT: Admitted on the usual terras. CLFRK OF TFE COURT: And the marked ex- 13,105 cerpts therefrom, bearing the same document D u m b e r , will receive exhibit N o . 1585-A. ( h e r e u p o n , the document above referred to was nsrked prosecution's er- hibit N o . 1585-A and received in evidence.) JUSTICE FAFSFIELD: This document states that in A p r i l , 1945, the witness arrived at Top Camp, which was to be used to accommodate prisoners building the road from Fergui to ririkhan, " " • T h e Top Camp had been used for the accommodation of coolies who had left before we arrived. There were three very broken down h u t s , one without a r o o f . T M s was the season when it rained almost continuously and in view of the fact that the huts were situated in a ravine surrounded by high t r e e s , we never bad the chance to dry our k i t and clothing. "The food consisted of rice and dry vegetables and was so short in quantity that after about three weeks most of the prisoners were suf- fering from beriberi ard other deficiencj^ diseases. Added to the shortage of food, prisoners were sub- jected to eycessive w o r k , and I renember a period when work went on from ebout O83O in the morning until two or three o'clock tl'-e following morning. 13,106 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 en this was the esse there was no opportunity for prisoners to have meals in camp, and buckets of rice and vegetable stew bad to b e sent out to the working s i t e . "The sick rate whicb トad been about 30 to 40 men per daj^ rose after about three weeks to 60 to 70 men per d a y , the most usual, complaints being deficiency disegses and m a l a r i a . In view of the high sick rste as aforesaid, I bad to ask for some of the worst cases to be evacuated. This was always r e f u s e d . . " " Medical supplies were m e a g r e . Although no deaths occurred arrong prisoners of war at this c a m p , of the total of about 1,000 men who set out from Kakompaton to build tbe road., about 250 died in four months owing to the lack of medical sup- plies , o v e r w o r k , inadequate food and the dis- graceful living conditions. I tender prosecution document N o . 5^55, which Is a further synopsis. TFE PRESIDENT: Admitted on the usual terms. CLFKE OF TFE COURT: Frosecution's docu- mEnt N o . 54-55 will receive exhibit number 1586. ( h e r e u p o n , the documEnt above 13,107 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 referred to was marked prose-fcution's ex- hitit No.1586 and received in evidence,) m . JUSTICE KANSriELD: Civilians in S i a n . Prosecution document numbered 5156, the affidavit of I T iss I T . llagness , is offered for idertif j cation. CLERF 01 TFE COURT: Prosecution's document N o .ヲ 1 5 6 will receive exhibit N o , 1587 for identifi- cation o n l y . ( T T e r e u p o n , the document above re- ferred to was marked prosecution's exhibit N o . 1587 for identification only.) 旭 . J T J 3 T I C F IIAFSFIEI.D: And the merked excerpts tl'.erein no双 produced in evidence. THE FKFSIDENT: Admitted on tbe usual t e r n s . CLEEK CI' TPF COURT: The excerpts therefrom, beerinf the same docur-ent n u m b e r , w i l l receive ex- hibit F o . 1 5 8 7 - A . ('"hereupon, the document stove re- ferred to was m&rked prosecution's exhibit F o . 1 5 8 7 - A and received in evidence.) F R . JUSTICE FANSFIELD: This document stetes tbat the witness w&s with twenty-one other Europeans interned at Jampong T o b . Or 13 December, 1 9 4 1 , e i g h t Indian soldiers vere pushed into the room v/here the internees were l i v i n g . Shortly after a Japanese soldier threw a hand grenade into tbe 13,108 2 3 4 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 25 r o o m . Tine witness was unable to m o v e , as her hip was injured. Two Japanese soldiers entered the r o o m , one firing an automatic g u n , the other bajT-onet- ing people lying on the floor. The witness was lying underneeth sone people and was thus saved frcm further injury. ? A number of people v.'ere killed and many others injured. Th-e Japanese then made off in a l o r r y . Prosecution document num"bered 5 3 9 4 ， the • affirrration of Kalu Earn, is now introduced for identification. CLERK OF TFE COURT: Prosecution's docu- ment N o . 5394 will receive exhibit N o . 1588 for identification o n l y . ( h e r e u p o n , the document above re- ferred. to was narked p r o s e c u t i o n T s exhibit N o . 1 5 8 8 for identification only.) H JUSTICFI!AKSFIELD: And the excerpts marked therein produced in evidence. THE FRESIDENT: Admitted on the usual terms, CLFRK OF THE COURT: And the eycerpts tberefrora, besring the same docunent n u m b e r , w i l l receive exhibit N o . 1 5 8 8 - A , ( h e r e u p o n , the document above 13,109 referred to was marked p r o s e c u t i o n 1 s ex- hitdt N o . 1588-A and received in evidence.) I'-R. JUSTICE FAMSFIELD: This document states that the witness was arrested by the Kampeitai at R a n a u n g . T,T ben Siamese policemen tried to procure the w i t r e s s ' release, they too were arrested. Ram was taken to Chumporn: "...For the next ten days I v?as beaten with a "big stick, while my hands and feet v/ere tied, and told to speak the truth. I do not know v-.'hat they wanted ne to speak the • truth a b o u t , as they asked me no questions. During this time I was given a small ball of rice and a stick of raw cu.cunber daily for f o o d . "On the eleventh d a y , water was forced into my stomach, and Y/hen my stomach was full, the Japs jumped on it and I became u n c o n s c i o u s . I m'as brought, round 时 two Jsp soldiers who threw cold water over m e . "For the next two days I was suspended from a beam by the w r i s t s , with my toes barely torching the g r o u n d . There was a wire tied to my wrists and a clamp fastened to my waist. Electricity was passed through these wires and my arms and body were t u r n e d . The pain made me cry out continually, 13,110 and ti- ere seerred. to be hooks plucking at my whole b o d y . After two days of almost continual current beinf passed through m e , during which tiire I was only given snail quantities of wster to d r i n k , I became unconscious. "Before this, the Japs accused me of being a British s p y , and of photograi-hing aero- planes , a n d sending messages to L o n d o n . "As I csnnot even "write my n a m e , I tried to point out that this charge was ridiculous. They did not stop the c u r r e n t " . . "During this tine I saw Fusa U e m o n , who was arrested the day before rae, being given the water torture by tbe seine r.P' s who tortured m e . "Tbe I'.P' s were still trying to make me confess that I w&s a British spy. "After I arrived st K a w a c h i from Chumporn, my wrists and legs were charred to the bone from the results of the electric tortures and just as they were h e a l i n g , the ? T .P' s used to stick burning cig&rettes into the s o r e s , "In thp end they tied some thir fishing lire on to my testicles, with such a knot that the blood was cut off from those o r g a n s . The other end of the fishing line was tied to the w a l l , I 13,111 2 3 | 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 was mede to lie d o w n , and t^e line ヮas tightened. Then a rope was put sround my neck and it was pulled tight to tbe opposite w a l l . I was in con- siderable p a i n . Then the I-'.F.loaded a rifle and threatened to shoot rne if I did not tell them wbere the wireless set vas bidder.. I implored them to kill r^e, as I knew nothing and would only have to be subjected to more torture if I lived. I 耵as then released and brought torerds the g a o l . エ asked to be allowed to go to the " T .C. and was led to^&rds tlnst p l a c e , through the bathroom. On the floor of the brthroom I se.v: the body of I T usa. He was definitely d e a d , and. his body was naked and covered with lime.... " . " t h e Japanese continued to beat m e . I was there for about seven months. O n c e , a. tall r'.F. with a lot of fold teeth put a red-hot wire up the centre of my penis. I vas besten almost d a i l y , and in the end could not even walk." The case for the prosecution will now be continued by Brigadier Nolan, if the Court plee.se. 13,112 BARNETT DIRECT THE PRESIDENT: Brigadier Nolan,. BRIGAtlSR NOLAN: If it please the T r i b u n a l， 2 3 4 ェ call as ？ witness Captain James B a r n e t t , of tho Canacian A r m y . 5 J A M E S B A R N E T T , ..called as a witness 6 on behalf of tho prosecution, boing first 7 duly sworn, testified as follows: 8 EIRSCT EXAL’!ェMION 9 3 Y BRIGADIER NOLAN: 10 Q Whnt is your full name, please? 11 A Jaraos B a r n o t t . 12 Q And whore do you‘live? 13 A C^ucbec C i t y . 14 Q W h a t is your present occupation? 15 A I o chaplain in tho C n m d i n n Army Active 16 F o r c e . 17 Q W h e n did you becomo p. merabor of tho C n m a i a n . 18 Army? 19 A I became a comber of the Cnnaainn Arr.y in 20 August 194-0. 21 Q Where v^re you stationed in 1941? 22 A エ was stationed in Hong Kong the end of 23 1 9 4 1 . . 24 Q W h e n dia you arrive in Hong Kong? 25 1 A I6th of November, 1 9 4 1 . 13,113 BARNETT LIRECT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 25 Q In what regiment woro you serving ".t th-it tir:s? A Tho R o y a l Rifles of C a n a d a , from Quebec C i t y . Q How was the garrison at Hong Kong madG up? A The Hong Kong garrison was made up of th-a two Indian rogimonts, the Rajputs and the Punjabis 5 two British rGgimonts, the Middlesex and the R o y a l S c o t s , together with a reginont of a r t i l l e r y ; two Canadian rogiircnts, the R o y a l R i f l e s of Canada from Quebec Sit.7 anc the Winnipog G r ^ n a c i o r s , W i n n i p e g . Q And you wore serving with tho Royal Rifles of Canaoa as a chaplain to that rogiinGnt? A ェ w a s . 13,114 BARNETT DIRECT Q Where were vou on the 25th of December,194•ヲ？ A I was in S t . Stephens College Hospital at Stanley on the Island of Hong K o n g . Q And what was St。 Stephens College Hospital? A Prior to the war it was a school for boys but was commendeered. at the "beginning of the war as one of the hospitals to which wounded men were t a k e n . Q 7 ill you describe w h a t happened on Christmas D a y , the 25th of D e c e m b e r , 1 9 4 1 , e t this hospital? A At 6 o'clock, sbout 6 o'clock in the morning of Christmas D a y , 1941, the Japanese troops entered St。 Stephens College H o s p i t a l . I saw five Japanese soldiers bayonet fifteen to twenty wounded men while they were still in b e d . Q How many patients and nurses were there in the h o s p i t a l ? t that time? A /bout 160 to 175 natients and seven n u r s e s . Q Then what happened? A After that the Japanese herded all those who could w a l k , patients and staff, and put them into a storeroom. After we hod b e e n there for about an hour the Japanese moved us to a smaller r o o m . Up till this time the nurses had b e e n with rae, but as we were being moved from the storeroom to the small room the nurses were separated from m e . I saw one of the ^ o r s e & A b r a m 13,115 B A R N E T T DIRECT 125 4 5678910Ll1213ML5L6nisl920'>l-22232425 nurses besten over the heed with e steel h e l m e t 9 kicked snd sla-ped in the f c c e , by a Japanese soldier. In the small room in which I was p l a c e d , 90 men were placed there w i t h me —一 some of the hospital staff &nd some of the wounded m e n . The room wss so smsll thst we couldn't all sit d o w n together and it was necessary for the very sick or wornded men to lie down as best they could and ]when they could. After we h£d been in the room a little while pn unknown Japanese soldier came to the d o o r , made us rjut up our a r m s , and took away my w a t c h , my r i n g , end some money which エ hnd in my s o c k e t . Later on another Japanese soldier came w i t h a sack of ammunition end threw bullets into our f a c e s . Lcter on another Js-oanese soldier came and took a rifleman out of the room and as soon as he got into the corridor we heard screams which エ believe c&me from the r i f l e m a n , k little while later another Japanese soldier ccme and took another riflemen out of the r o o m . W h e n they pot out of the room we heard more screams which I also believe came froiii the riflemen tsken out. Q How long were you in this particul&r r o o m , Captain Barnett? A We were in this room from atsproximstely 7 o'clock in the morning until 4 o'clock in the 13,116 BARNr TT DIHiCT l 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a f t e r n o o n . Q W h & t hap仁tned at 4 o'clock in t h e afternoon? A Ax, 4 o'clock in the afternoon a Japanese soldier came and by sign lsnguege told us that Hong Kong had surrendered. Q The next c a y , the 26th of D e c e m b e r , you made a tour of the hospital? A Y e s . Q W h a t did you see? A The hosr;ital wc.s in s dreadful state. I found the two men who h?d been taken out of our r o o m , their bodies badly m u t i l a t e d , their esrs, tongues, noses end eyes cut away from their faces； about 70 m e n , wounded m e n , killed by bayonet in their beds 5 mrny more men more seriously wounded than they w e r e . Q Were these patients of whom you have just been speaking armed? A None of the patients were srmed n o r , y e t , wr.s the hospital staff, nor were there any armed troops in the hospital or around the grounds. Q Where wgs the commending officer of the hospital? A I found the commanding officer of the hosioitPl, together with his adjutant, d o w n on the ground floor, their bodies very br.dly m u t i l a t e d . The7 were d e a d . 13,117 BARNETT DIRECT Q Did you see any of the nurses? A I was anxious about the nurses end for some time did not see them, but during the morning エ sew four of them coining towards m e . They were in a dreadful state and they hed had a very bad time all through the night. They hed been ssseulted by Japanese soldiers and one of them told me she was forced to lie on two deed bodies end used by the Japanese as they chose. Q V/hen you say they hsd been assaulted, whst do you mean by the word "assault"? A They bad been raped by the Japanese. Q You spoke of four nurses. Where were the other three? A At first we couldn't find them. "'e didn't know where they were. Sometime in the morning one of the nurses ccme to me end seid thrt a Japanese soldier wanted her to go out of the hosDitel into the grounds with him. She £ sked me to go v/it.h her fnd I asked a RAMC sergesnt. to accompany us. The Jcpanese soldier took us to a clump of bushes about £ hundred feet sway from the hospital building. Under the bushes, covered with blankets, wc found the bodies of the three dead nurses. One of the nurses hsd her heed practically severed from her body. BARN： TT DRFCT 13 A 1 8 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 L9 20 21 22 23 2 4 25 Q i r hct wcs the neme of the non-commissioned officer from the Royal Army Medical Corps who w?s with you? k Sorgernt Pessegood. Q Were burial parties organized? A エ sterted to orjsnize burir.l parties but the Japanese soldiers forced us to build a fire snd crcmate all the bodies thet were cround the hosriitcl. Q How many were crematcd? A I crcrncted about one hundred and seventy or eighty bodies. A number of these- bodies crme from the hospital cind some fron bottle fields lying around awsy from the hospital. Q Y'hrt happened to the food rnd mediccl supplies in the hospital? A On the 26th of December, 1 9 4 1 , I sew the Japanese looting ail the food in the hosnitcl, end lsree quantities of medicrl supplies rnd equipment, and took them av/cy on trucks. Q Did you, yourself, hove any food? A エ hp.d m food from the 24th of December until the night of the 27th of December. Q iilHiere did this food come from? A This was food that hed been missed by the Japanese soldiers. 13,119 BARNETT DIRECT Q Whnt w s done with the wounded? A Between December the 27th rnd the 29th T .ve managed to move all our pounded pcticnts either to Bcwen Rocd Militrry Hospital or to Stanley Bcrracks Militrry Hospital。 Q What was done with the hospital staff? A The hospital staff wss moved to Stanley Br.rrccks end ct Stanley Barracks I rejoined my regiment„ Q Y/cre there any signs on this hospital? A We were flying the Red Cross Hospitol sign but it wr.s shot down at Iccst twice. r Will you describe for me the circumstances under which yon left Stsnley Brrrccks in December, 1941? A On December the 30th all troops ot Stanley Barrscks were ordered, forced, to mr.rch to S Cc. Kip £ "t North Point. The march wasn't a very herd, one because we were given frequent rests, end we were able to hc.ve- some food on the way which wg hed collected ct St.rnley Berrrcks. Q How m&ny men were in this pr^rty? A About 2,500 men rnd officers. Q Will you describe for me very briefly what prisoner of war camps there were in the Hong Kong srea二 13,120 A Ihere were three prisoner of war camps in the Hong “ong area besides hospitals. ‘There was Worth Point Camp, Sharashuipo Camp, ^rgyle Street Camp, and Bowen Road Military Hospital. C You have been speaking about North Point Camp. was that on the island or on the mainland? A That was on the Island of Hong Kong. Q Am I right in saying that only Shamshuipo Camp was on the mainland? A Ko. Shamshuipo Camp and Argyle Street Camps were on the mainland- Q What did. you do when you arrived at North Point Camp? A When エ arrived at North Point Camp I had two very sick men to look after, one suffering from malaria and one that had been wounded that we had picked up on the road. When we got to North Point Camp I asked Brigadier .allace to grant me grant me his permission to ta〕,e them to the hospital, and also went to see Lieut. K0NL»A, the camp commandant, to ask his permission to leave the camp. Lieut. HONDA gave me permission to leave the camp, the use of his car and a pass to take these men to the h o s p i t a l .エ took the men to the hospital and when I came back from the hospital to North Point Camp ェ brought Captain hnbinson 13,121 with me, of the Koyal Army Medical Corps, and also a few drugs. 、 13,122 BARRETT DIRECT Q The rex•セ day ycu had a conversatior. v.'ith Lieutenant HONDA? A As I was ^rdkirg こrourd the prison coinpourd, Lieutenant HONDA came tc me and asked me if I would like tc go for a drive dcnratowr。 THE MCriTC.Its Mr\ Witress, is he a first or recond lieutenant, do ir ou kr.ow? Q Is he a first or second lieutenant? A That I could rot say. Lieutenant HONDA asked me to r?et a driver, and I did; and. I got some ironey, arid we wert down town. As ？; e were d'ivir g downtown Lieutenant asked me my name, I told him Barnett, and he said, "Not Br-nfill," and I replied, "No, although I know Captain Bc.nfill as he is our medical officerノ 1 I told Lieutenant HOFDA that we he]ieved that Captain Banfill had been killed； and he replied, " O h n o . I took him prisoner." Lieutenant HO FDA told me that his orders vw e all prisoners nust die, but he ”iked Captain Barfi]1 and asked his company ccnr'ander if his life might be spared, ard his life was spared. k。‘ far エ can :;sceT > tain, Captain Brnfill and Corporal Leith of the I?oyal Army Medical Cor r i s are the only two survivors froro the field dressing statior at which Captain Banfill was command- c o 1 d b ' - . J r § c r ' . : ' : B a r t o n ing. 13,123 BARNETT DIRECT Q スマi 1 1 you please f 1 escribe the ccrditiors r.t l v orth Point Camp v^hen tc u o.rrived? A The corditicns were fi]thy and appalling. Pm.cticnlly all the winders in the huts had been broken At cne end of the camp was beir.g used as a rec] arcation place, ard city refuse had. beer dumped the? e raid covered with a thin layer of earth. The ^ capp had been used as horse lines by the Japanese cavalry. There ？,'ere a nurr^er of dead Chirese bodies lying at the other erd of the enmt). It vm? a perfect breedirg で].r.ce for disease. There were flies by the thous-.rds ニ：nd bedbugs bv the hurdreds. Q Was the 二ccopirodntion adequate? A T"'-e ユccornnodr.tion war irost inadequate„ This camp h-.d been built as a. Chinese refugee to house between six c.nd sever hundred persons. Ir.to tha s camp p:-s placed the whole force v/h: ch marched from Stanley Barracks, about セwo thousand, five hurdred officers -..nd men. About a hundred ar^ fifty men or rrcTQ were nlaced in each hut, a hut built for about ？ixty or seventy persons. Seme had beds, wooden bods ； soir.e h'、.d none r.t all; some had one blanket; others had none. There was ro water in the cnmp> ror vet were there any cook ho? ses. There were no latrine facilities because of the watf-.r beirg cut off5 and 13,124 BARNETT DIRECT the men were used -- forced tc use the sea w a l l , a verv dangerous practise, and a practise which would hel 1 ^ to spread disease. Q Will you please describe the hospital arrangements and the •edical supplies? A The‘first su-plies ̂ medical supplies, that came irtc the cami) I brought from Bowen Road Hospital with me on the 3^th of December. The Japanese after that brought in small quantities^ and I know that ore man, when he went on eick parade with a very bad cold, could rot even get ar： aspirin tablet or a dose of salts. At first vje had ro hospital in North Point Camp; but after beirg there for a while, they gave us a tent. Thi s tent most inadequate because the middle of January エ had to go to the hospital with dysertery ar d I was placed in this tent on a stretcher or： the ground fully clothed, and for ten days I could neither shave nor wash because of the scarcity of water. Our medical officer asked the Japanese to send me tc Bowen Road Hospital, but they would not allow him to have me transferred. Later vie -were given a little go-down or garage adjoining the camp as an extra hospitr.l. It was inadequately lit 5 and when it rained, the place was full of pools of water. Q Was- this camp an officers' camp or an other 13,125 BARNETT DIRECT 234567890 123456789012 S4 5 lliillllll?-22>~2z ranks' camp? A At the beginning it was an officers' and other ranks' carm. Later the officers, the British officers, were -rcved out to Argyle Street and the troops to Shamshuipo Camp, In the camp were Canadian officers and men and naval officers and other ranks. In A p r i l , 1 9 4 2 , it "became purely a Canadian camp ir which Canadian officers and men vnere housed. Q Were eatirg utensils supplied? A When we first arrived at North Point Camp, the men had practically no eating utensils. They used jam tins for cups, the hubs of trucks or motor wheels fcr plates ? and sometimes lampshades for elates. THE PRESIDENTS We will recess for fifteen minutes, Brigadier. (Whereupon, at 104.5，a recess was taken until 1100, after which the proceedings were resumed as follows；) 13,126 BARNETT DIRECT MARSHAL OP THE COURT: The International ? .:ilit.aiy Tribunal for the Far East is now resumed. THE PHSSII^NT: Brigadier Nolan. DIRECT EXAMINATION 3Y B?IG:IDIE：! NOLAN (Continued) Q Captain Barnett, will you describe the food in this camp? A When we first got to North Point Camp after being there for a day we ?/ere allowed to go out to army food dumps and procure army rations. The first month or so in Forth Point Camp the food was quite good as used these rations. At the end of the first month or so the Japanese came in and 、(^： out the army rations which they had allowed us to collect. With care these rations would have lasted at least three m o n t h s .诃 h e n the Japanese had taken out our rations we went onto a diet of rice. Tbe rice .”.'as a very inferior quality and full of worms. I should say that from the beginning our rice ration .was about a pound of rice per rcan per day, about half a pound, of ve/y inferior quality vegetables, sometimes these vegetables consisted of garden flowers and weeds. We were also given a little bread each d a ゾ , a little fish once or twice a week, olf &Yelden sometimes meat, say, from the beginning of February BARNETT DIRECT u n t i l about the beginning of J u l y . Q Was there fuel in this camp? A At tne beginning the fuel question was all right but at times, as camp life w e n t o n , fuel became very scarce. I have known times w h e n エ have helped the m e n to collect any scraps of wood around the camp so that w e might cook our f o o d . 0 Did you yourself live でith the officers or w i t h the men? A In North Point w e had one hut set asid突 for t、e officers and エ l i v e d in that h u t . ‘ Q Are the conditions 呵hich you are describing equally applicable to officers and men? A They a r e . Q Do you remember an incident w h i c h arose out of the signing of an affidavit? A I d o . 0. Tell me about i t . A In M a y , 1 9 4 2 , Colonel TOKUNAGA came d o w n to I v orth Point Camp and called for a special muster p a r a d e . TEE MONITOR: W i t n e s s , is he a ' u l l colonel or lieutenant colonel; can you tell us? It makes a difference in the translation. Q Is he a full colonel or lieutenant colonel 13,12 8 BARIIETT DIRECT or do you knew? A I think that he was a full colonel. Colonel TOKUNAGA was in command of all prisoner of war camps in Hong Kong. At the muster parade he indicated to us that he had received orders that all prisoners must sign an affidavit saying that they would not attempt to escape. He told us that he was going to pive us an order to sign this affidavit。 If anyone refused to sign it he would be charged with nutiny and immediately arrested and. severely punished. One mon in North Point Camp refused to sign the affidavit. Hg was taken out of camp. He did not return to camp until the beginning of June. w h e n he returned to camp as chaplain I went to see h i m .エ asked him て vhat happened and he told me the following s.tory. He said, "I was taken out of North Point Camp up to Lieutenant WADA's quarters where they tried, again to persuade me to sign the affidavit. I still refused and vas put in the camp guardhouse. I spent the night in the camp guardhouse and was taken to a court in Victoria City on the Hong Kong Island the next morning. In the court I met some men from Shamshuipo Camp who had also refused to sign the affidavit. were questioned by a Japanese o f f i c e r .ェ together with the other men 13,129 BARIIETT DIRECT ”,as next sent to Stanley jail, whi'le in Stanley .iail I ”'as forced to kneel on a low bed with my face facing the mall all day and night. If I moved without -^rmission I -7as beaten with a rubber hose. " 7 e ^'ere ,マiven two small meals a day. There was a latrine bucket in our room. were not pro- vided with any facilities. At the end of May all food was cut out.. I together 可ith the other men docided to ^i^n the affidavit, o^ing to my condition anc 1 the condition of the others ，7ho had contracted dysentery••“ The man was brought back to Forth Point Camp in a very weakened condition and hospitalized for a considerable period. 0 Did any of the prisoners escape from Forth Point Camp? A In July four Canadians escaped from North Point Camp. 0 Of what year9 A 1942. Q r »ere there any changes in the food allow- ances after this escape? A After the escape the canteen ”’as not allowed to come in, thus depriving us of getting extra food for our rations and the rations were cut to t^o—thirds of the usual quantity; but I cannot definitely say BARRETT DIRECT that they w e r e cut due to the escape。 13,131 BARNETT DIRECT Q Bo you know what happened to these four soldiers? A The only story that I have been afele セo find out about those four soSdiers came to us aftpr the war was over. The Japanese told us th r >t they had capturod them and that they had been killed on the following day of their escape from our camp. Q On OTiG occasion latrr it was suspected that a soldier had escaped? A On thn night of August 29，194-2 the guards thought that some on<= had escaped from North Point camp. This wp.s reported to Lieutenant WADA, the carap commandant and also to Colonel TOKUNAGA. Colonel TOKUNAGA came to camp and ordered a muster parp.de at 11 o'clock at night. The muster parade lasted from 11 o'clock at night until 5 o'clock in the morning. All the tsick men in the hospital nnd who were sick in quarters wore forced to come out on this parade and many men had to bp brought out on strptchers. It rained practically the whole time we were out on muster parade nnd the sick nen \ieve forcpd, as were we all, to rrnain out in the rsiru We wr'ro not allowed to wpar raincoats and pyen those nrn who had gone out on Tiust^r parade with a raincoat were forced to take them off by the Japanese, Very soon aftpr the muster parade 13,132 BARNETT DIRECT was dismissed Lieutenant T "/ADA snnt word that muster -- morning muster parade -- instead of being at half-past eight in tho morning would be at half-past nine. Q Were セhere any working parties in this caap? A I c a n 7 1 remember the exact day, but working parties did start in North Point camp. The r^en were sent out on work parties to Kai Tak Airport. The men wptp in fair condition at this time and so we rathor enjoyed going out of tho camp confines out into 七he opon spac-es. Q Do you knovj what work v厂'.s being done by thesp parties? A I went out one day with the men on a working party and thpy werp working on the runways and cutting grass around thr airfield. Q v Jeve the prisoners paid for their work? A Yes, warrant officers ^eve paid 2ヲ sen per day, non-connissioned officers 15 sen per day, privates 10 spn p^r dny. This noney wns paid for a day's work irrespective of the number of hours that thR mpn had to v/ork, nnd thp purchasing valur of the nonoy the roceivpd was negligible. Q Did you spe any mistreatnent of Chinese civilians? A T'^ile I was at North Point canp I saw a Chinese BARNETT DIRECT 13,133 8. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 civilian picked up on the street. He wrs jujitsued by the Japanese guards, bayoneted and then thrown into the sea. I have se^n Japanese women and children tied to lamp posts for periods varying fron 3 to 4 hours to 24 h o u r s . THE PRESIDENT: He said, "Japanese," Brigadier. BRIGADIER NOLAN: You said, "Japanese." THE WITNEtb： Chinese wonen and children. Q Who wts the commanding officer of the R o y a l Rifles of Canada? A A t this ti'no Lieutenant Colonel J.H. Price. Q And of the Winnipeg Grenadiers? A W h e n we went to North Point camp, Lieutenant Colonel J.トutcliffe was commanding the Winnipeg Grenadiers. Q Tell me about Colonel Sutcliffe. A Lieutpnant Colonel Sutcliffe was really the first of our prisoner of war d e a t h s . He died in Bowen Road Military Hospital from malnutrition and the failure to pet drugs while he was still sick In North Point can.p. The Canadian chaplain together with other Canadian officers were allowed to go to Bowen Hood ！lilitary Hospital to perform the last rites 1 � for Lieutenant Colonel Sutcliffe. The Japanese author-； ities permitted us to buy floral tributes for Colonel 13,134 BARNETT DIRECT F’atcliffe. C o l o n e l T O K U N A G A a n d h i s s t a f f a l s o > a t t e n d e d t h e f u n r r a l s e r v i c e a n d b r o u g h t f l o r a l � t r i b u t p s . 4 Q D i d y o u c o n d u c t r e l i g i o u s s e r v i c e s in t h i s 5 c a n p ? 6 A Wp xvere a l l o w e d to c o n d u c t r e l i g i o u s s e r v i c e s 7 b u t a s t h e c a m p w a s so s n a i l w e h a d n o h u t o r p l a c e 8 a l l o t t e d w h e r e w e c o u l d c o n d u c t t h e i a n d so h a d a l l 9 o u r s e r v i c e s o u t d o o r s . 10 Q I n S e p t e m b e r o f 1 9 ^ 2 y o u w e n t a s a p a t i e n t 11 to t h e B o w e n R o a d M i l i t a r y H o s p i t a l . W i l l y o u d e s c r i b e 12 brififly t h e c o n d i t i o n s a t tha七 h o s p i t a l ? 13 A T h e a c c o n n o d a t i o n a t t h e h o s p i t a l f o r p a t i e n t s 1 14 a n d s t a f f w a s q u i t e g o o d . W e h a d b e d s w i t h b e d l i n e n . 15 T h e h o s p i t a l w a s r u n a n d c o n d u c t e d b y o u r o w n d o c t o r s • 16 a n d o r d e r l i e s . T h e f o o d a t B o w e n R o a d M i l i t a r y 17 H o s p i t a l w a s l i k e i n a n y o t h o r c a m p , c o n s i s t i n g c h i e f l y 18 o f p o o r q u a l i t y r i c e , p o o r q u a l i t y f i s h , a n d p o o r 19 q u a l i t y v e g e t a b l e s , w i t h a l i t t l e b r e a d e a c h d a y . 20 T h e m e d i c a l s u p p l i e s - - a t t h e b e g i n n i n g o f t h e w a r 21 t h e y h a d p l e n t y o f m e d i c a l s u p p l i e s b u t o w i n g to 22 h e a v y d r a i n o n it o f m a n y , m a n y p a t i e n t s coining i n t o 23 t h e h o s p i t a l a n d t h p J a p a n e s e t a k i n g a c e r t a i n a m o u n t 24 o f s u p p l i e s a s t h e y r p q u i r e d t h e m , t h e d r u g s b e c a m e 25 v e r y v e r y s c a r c e a t B o w e n R o a d M i l i t a r y H o s p i t a l . T h e J a p a n e s e t o o k a w a y m o s t o f o u r x - r a y e q u i p m e n t o u t 13,135 BARNETT DIRECT of tho hosTDital. BARNETT DIRECT 13,136 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 9 20 21 22 23 24 25 Q Did you receive any Red Cross parcels? A On the 3〇th day of November I received a Red Cross p a r c e l , w h i c h 前cs a British Fed Cross parcel. This parcel wss supposed to contsin six- teen articles nf food. It only contained nine articles. The marcel had been looted. I believe it had been looted by the Japanese. Q Tr "hy do you think so? A Because the box v/as partly broken. Besides receiving the snail individual parcels we received a quantity of canned rn^at and vegetables and "bully beef. The Japanese guard, which had a house just overlooking the hospital, sent on certain deys for special work parties to work around their quarters. ,r 'hile they were working aronnd the Japanese quarters they saw cases half empty of bully beef and meat and vegetables, and in the garbage heap were empty tins which contained bully teef or mast and vegetable stew. Q r "ere any of the patients beaten in this hospital? A Y e s . At the beginning of November a special muster parade was called for all patients 2nd hos- pital staff 一- all patients who could v?alk and hospital staff. D r . SAITO, the Japanese head of medical affairs in Hong Kong, called this muster Morse o ^ C o p rat t BARNETT L IRECT parade because he accused some patients of the hospital of cheering when the first American air raid took place on the 25th of October in Hong Kong. He called Colonel Bowie out and Major Boxer Colonel Bowie was the commanding officer of the hospital 5 and Major Boxer was a patient. Colonel Bowie was beaten about the head and face, as was Major Boxer。 Then Dr. SAITO left us standing on the parade square and went into the hospital and b e a t a l l the p a t i e n t s i n t h e faccj i n ^ a r d N o . 5* Q You were released from this hospital in January of 194-3? A Yes. Q 呷ill you tell me "wlidre you went and de- scribe the condition of that camp? A I went to Shamshuipo Camp, which is situated on the Kow'loon Peninsula. Q Who were in that camp? A I was placed with the Canadian officers group, which vjgs still there at that time. Q Where wure the Canadian other ranks? A They were in the same camp. Q ？/ill you describe the conditions, please? A The huts in Stiamshuipo Cc.mp had "been s triuned of windows and doors. The men had had to 13，138 BARNBTT DIRECT use bricks of plaster board from the ceilings or any old bits of sacking and tin they could find to prevent the cold coming in in the winter and the rains in the summer. The men had to sleep on boards, which were built ab^ut two feet off the ground r.nd placed on one side of the hut. There were about 6〇 to 75 men in one of these huts. The buildings were full of bedbugs. It became impossible for me to "leep on the boards on account of the bed- bugs getting into the wood. T5 'e obtained permission from the Japanese to tnke out the bocrds, and the men then slept for a lonr time on the concrete floor. Later on they were given iron beds. The h u t s w e r e w i r e d f o r e l e c t r i c i t y , a l l o w i n g t h r e e globes to a hut, but on no occr.sion did vie have the full quantity of globes. In September, 1944, electricity was cut off, :’nd from then until the e n d of the wc.r w e h a d n o a r t i f i c i a l l i g h t a t a l l . The latrine facilities in Shamshuipo were never adequate. l "e were granted about five or six bucke;ts per latrine, and v'e had great difficulty at first in the disposal of the night soil. At first the night soil wrs collected in the mornings and dumped in one central place, to be sold to a Chinese contractor. Sometimes the Chinese BilRKETT DIRECT 13,139 contractor would not come, .,nd tlie night soil wcs left for a considerable time, and thus a great breeding ground for disease and sickness. For the > last year or two we used the night soil in our v camp garden. Q ""ere there any hospital facilities? A A certain number of huts w^re set aside as a hospital. v '.'hen I went to this camp, Shamshuipo, there were no bods in these hospital huts, no w i n d o w s or n o d o o r s . T h o h u t s w u r e i n a v e r y b a d statu of repair, and during v-^rv rainy weather the hospitalフこrd wc s- full of water• I cannot remember which year it w o s , whether it wes 1943 or 1944, the Red Cross supplied the money to b u i l d , to put in windows end doors in the h o s p i t a l , a n d the Japanese allowed Chinese contractors to cpme in end put those windows and doors in the hospital. Q F i l l you describe, Captain Barnett, the food in this camp? A The food in Shamshuipo Camp was vary bad Vi/hen I went there, but it went from bad to worse, v, T hen I first went there the daily ration was about a pound of r i c e , a little fish, about half a pound of vegetables, and a piece of bread a d a y . The last year or so of the war our daily ration was a 13,140 BARNETT DIRECT pound of rice, half a pound of vegetables per day, a little bit of sugar and a little bit of peanut oil per month. In July, 194-5, the Japanese started to bring in buffalo meat once a weak. Q lrr liat about work pr.rties in this camp? A i' T ork parties from Shamshuipo Camp were very difficult. They callod for large numbers of work parties. I know at one time they called for over 400 Canadians. The health of the men due to mal- nutrition, dysentery, end other diseases had de- teriorated considerably, end bocattse of "being so, in such bad health we had to send men at times out on stretchers to work parties. Evun though they cdnld not work, the numbers had to be made u p . The men would be called at four o'clock in the morning, and although v?ork did not start actually until nine o'clock in the morning, the intervening hours were spent in counting out the men snd getting them sorted out and transported to the place of work. The men returned to camp about seven o'clock at night, r.nd some mon who were out on work parties from ten to twelve dc.ys in a row spent very little d a y l i g h t h o u r s i n p r i s o n c a m p . 、 Q v 'ho.t was the nature of the work being done? A When I first 'went br.ck to Shamshuipo Camp 13,141 BARIIETT DIRECT the w o r k being done was at thy airport. The men w e r e leveling the ground and making room for the airport to be enlarged. They spent a lot of time making runways for the a i r p o r t . w h e n this work wr.s finished the work parties cessed for a short time. Later on they were sent out into smaller groups to work on making gardens at the race track and unloading ammunition off ships and load- ing ammunition onto trains. Q Did you reccive Red Cross parcols at Shamshuipo? A I received Red Cross parcels in Shamshuipo as follows; In F e b r u a r y , 1 9 4 - 3 , I received one British Red Cross parcel.^ in A p r i l , 1943, I received a n o t h e r •ド 7 e did not receive a n y more Red Cross parcels u n t i l A u g u s t ? 1 9 4 4 , when I received three and two-thirds Canadian Red Cross parcels。 At the end of February or tho beginning of M a r c h , 194-5, I received one and one-half British Red Cross p a r c e l s . Q r r hy are there fractions? A There wasn't enough Red Cross parcels to give each one a full a m o u n t , and those that remained over we divided up amongst the members of the camp. Q Had any of these parcels been tampered with? A The parcels that I received were intact, BAFKETT DI^SCT 13 ? M2 but many of the parcels received by thi men in comp had been pilfered before they ccme into camp. As at Bowen Road ? so at Shr.mshuipo, the men v/ere sent out to v;ork in Japanese quarters, training and doing various odd jobs around, and when they came back to camp they told us thct at the Japanese quarters thuy saw large supplies of Rod Cross supplies and parcels which Vv'ero being used by the Japanese. Q 讯ill you tell me yhat happened to the Roman Catholic padre, Captain Green? A When I went back to Shamshuipo camp エ used to visit Captain Green in the hospital quite often. He had been very sick for a considerable time. I asked him whc.t was wrong with him, and he said that he believed his sickness was due to a severe thrashing he got from a Japanese officer. He received this beating because he ssked about t h e f u n d s w h i c h h a d b e e n s e n t b y t h e Vaticc.n f o r the welfare of prisoners of w a r . Q Did a Red Cross representative visit this camp? A M r . Zindol, the Red Cross representative, visited thu camp, I remember, in August, 1944. 25 At this time Shamshuipo hnd boon divided into two BAR 腿 TT DIHECT sections: one to be used as an officers' camp, end the other， as a m e n ' s camp. Those of us who v;ere in the m o n 1 s camp were forced to go out into 七he parade ground and indulge in sports while M r . Zindel made a visit in our camp. r T hen M r . Zindel's visit was over and we were allowed to wander back around the camp, I saw Lieutenant Barnett baing taken from 七he officers' camp by the Japanese. dis- covered that L - e u t e m n t Barnett was being taken out because he had spoken to M r . Zindel, asking him to got us more food as we were starving. Lieutynarit B a r n e t t w a s s e v e r e l y b e a t e n b e f o r e he was taken back into the officers' camp. THE PRLSIDEKT; W e will adjourn now, Brigadier, until half past one. ( r r oreupon, at 1200, a recoss was taken.) BARNETT L IRECT AFTERNOON SESSION The Tribunal m e t , pursuant to r o c o s s , at 1330. MARSHAL OF THE COURT: Tho International Military Tribun?.l for the F a r East is now resurr.Gd, THE PRESIDENT: Brigadier N o l a n . レ <m J A M E S B A R N E T T , a witness calloc； on bohaIf of tho prosecution, resumed the stand and tostifiad as follows: DIRECT EXA?TINATION (Continued) B Y BRIGADTHR NOLAN (Continuing): Q This m o r n i n g , Captain R n r n e t t , you told mo that you had been requipod to sign an affidavit swearing th-it you would not attempt to escapo. W^is that afficavit in Japanese or in English? A It was in E n g l i s h . Q D o you romero.b-3r if it showod, on its face, whoro it had come from? A It seemed to ne that it had tho word "Tokyo" written on tho top of it, as emanating from T o k y o . THE PRESIDENT: W h y does it mcrGly soom? He shouldn't use thnt expression if ho is nt all suro. Q Was it a printoc form or not? E d G r & D u d a 13 BARNETT DIRECT A It was. Q Ana cio you rerr.cmijor v] hat it hod at th3 head of the document? A I cannot ro mo Kb or v/ord for，?ord. (•； Well, toll me what you do roKombor about tho h o a c i n g . . A "Prisonor of war affidavit not to oscnpo." Q Anything else? A Then a sign, printed out, was tho words that we would not -一 "エ will not oscape or sttonpt to escapo fros this prison camp." Q Die tho word "Tokyo" appenr on tho (iocuHiGnt? A Tho word "Tokyo" did appear on the cocumant, but its con.text I do not r .'Trerbor. Q Do you roEQFibcr upon what part of th'5 docunent it sppoarsd? A Near tho top. Q Captain Barnett, wore there -\ny apiclGP.ics in Shamshuipo Canp? Wore thoro any epidemics in Shamshuipo Camp? A Yes. Q Toll me about then. A . Fron October 194-2 until February 194-3, wo hnc a very serious opidomic of diphtheria. At the height of the opidenic as many as throe or four mon cied in a 13,146 BARNETT LIRSCT day. D r . SAITO said' that thoro was no sorum to be produced. As the opidomic went along, a Japanoso, a n i n t o r p r o t c r , b r o u g h t s o n 。 s e r u n i n t o c a n p f o r u s and thoroby savec tho lives of many of our ir.on. He was removal, tho Japnnoso intGrnroter was removed ftoe our camp as he was considorod to bG treating tho prisoners too humanely. Later on when pationts c只me fron Bowen Road Hospital thojr said this s-^no inter- preter Mas then acting as intorpratar at Bowon Road Hospital anc；巧as Going as such as he could to help tho very sick persons by having special food parcels sent in to them. For his hunane trontr^ont of us ho was sent to prison, but rolep.sec when tho wnr was over and tho British forcos enma in to reliovo us. Q Towards tho end of tho xvar, who was tho c?.np comnancant? A Towards the ond of tho w a r , our C3tnp con- mandsnt was Sergeant I£ajor HONDA, Sergeant Major ^ONDA treated us vory humanely. When it was raining, instead of having a muster parade, he would come around to each hut nnd count us in tho hut. If we had a parade in tho r? ; in he r.adG it as short as possible and as each group was count3d he dismissod us. The last Christmas we were there he arranged a special cantoen for us to buy eggs and c.kos and sweats. BARNETT 7 「 丄 5 3 CRCSS Q A Q A Honor. T vhon wore you libaratod, Captain Barnett? I was liberated on tho 15th of August,194-5. By wljom? By n fleet of the Royal Navy. BRIGAEISR NOLAN: Thnt is nil I have, vour THE PRESIEEOT: Jir. Logan. 】 . L O G A N : If tho Tribunal p l e a s e . . CROSS-EXAMIKATION 3Y m . LOGAN: Q Captoin, whn.t tha highest rink of the highest Japanese officer that you saw ？.t St. Stephens College Hospital at the time of tho surrender? THE PRESIDENT； At the tine of the nlleged massacre? Q At tho tino of the surrender of Hong K o n g . A I wns not familinr ivith the Japanese n n k badges at thnt tirae, so I cannot say. Q T Vns there a gro^t donl of disorder and con- fusion nt tho of the surrender of Hong Kong? A エ wns in the hospitnl snc I only know wh^.t took placo in the hospital. Q How many Jop^.nusa soldiers csme into thnt hospital it that time? A I saw five come in st a tine, and I saw 1 3 , 1 4 8 B A R N E T T C R O S S 1 o t h e r s , "but tlney k e p t c o m i n g i n f r o m e v e r y s i d e . 2 丁 d o n o t k n o w h o w rr.any s o l d i e r s t h e r e w e r e t h e r e . 3 4 Q O f t h o so 1 7 0 o r 1 8 0 -vhich y o u h e l p e d t o crsn-nte, hovi mnny of ther, cnirie f r o m battlefields? 5 A エ s h o u l d s a y a b o u t 9〇. 6 7 # Q C a p y o u t e l l us t h e e x a c t a n t e vjhen y o u a r r i v e d マt C a m p , N o r t h P o i n t ? A T h e 3 0 t h o f D e c s r b e r 1 9^1.. 9 Cj Y o u t e s t i f i e c y o u e r e p e m i t t e c t o t i k e 10 s o l d i e r s t o t h e h o s p i t a l , o n e s u f f e r i n g f r o n n n l a r i a 11 - m c o n e w a s w o u n c e 6 . D i e t h e y r e t u r n r i g h t , 12 Captnin? 13 A T h e y b o t h r e t u r n e e t o C - ^ n n c a . 14 Q T h e y received； p r o p e r t r e n t n e n t n ‘t t h e h o s p i t a l ? � 1 5 A T h e y r e c e i v e d t r e " t ^ e n t f r o n t h e B r i t i s h . 16 r e d i c n l o f f i c e r s , 鲁 Vhs thr.t h o s p i t a l u n d e r J a p a n e s e c o n t r o l a t IS t h a t t i n e ? 19 A T h e h o s p i t n l xiis u n d e r J a p a n e s e c o n t r o l b u t 20 w a s r u n - n c c o n c u c t e c b y B r i t i s h r e c i c a l o f f i c e r s ^nd 31 o r d e r l i e s . , 22 Q W h o b u i l t C - m p N o r t h P o i n t ? 23 A I c a n n o t a n s w e r th^.t q u e s t i o n , -as I T \'°,sn't i n 24 H o n g K o n g l o n g e n o u g h t o f i n d o u t . 25 Q I n e.ny e v e n t , it w n s t h e r e b e f o r e H o n g K o n g 13 ,149 BARNETT CROSS 3 4 5 6 7 9 o 1 2 3 4 5 6 11111 11 18 19 20 21 22 23 24 surrenderee：, w?.s it not? A Y e s . Q So thnt nt the tine when it 7jas built it h，.6 no cook houses, isn't thit so? A I co not k n o w . Sone of the huts hnd been destroyed, Q Die it hnve any hospital befora Hong Kong, surrendered? A It VP'S a hut used as a necic^l inspection roorr. Q Wns thnt hut there when you arrived? A It was there マ/hen I arrived, but had マe not usee those huts set for inecicフ1 inspection, we -»vould have hac nen sleeping out on the grounds of the c-rnp. Q You also testified thnt this c.irnp had no latrlfies. I つ.ssiloa they h^d no latrines before the surrender of Hong Kong； is thnt true? A It hac latrines, but they weren't able to use then. Q What is th-.t? A They hnd Intrines ; but they ^vere so bncly dn^iaged thnt until they フere rep^irec vie could not use then. Q How long die it t^ke you to repnir ther.;? A It took us c o n s i c e m b l e time because ne often ？.skec for equipment and material to repair then 13,150 BARNETT CROSS w i t h , but the Japanese would not bring nny and so we h.̂ .c to scrounge -irounc the cnnp and find odd bits of stuff to repc.ir then w i t h . Q You ？.lso testified 顶hen you arrived つ七 this cnmp that there wis no w a t e r . How long did thnt condition exist? A After .飞 aay or so we been there, they allowed us to bring water in by truck. But I cannot s?.y hov; long period it took to repair the plunbing systen in cnrnp so th^t vje hnc； regular running w-iter. Q Die I anderst^.nd you, Cnptつin, to sny thnt some Japanese brought sore nedical supplies to thgt cつmp shortly after you arrived there? A Y e s . Q You testified about Lieutenant H O N D A . Could you give ne his full rnme? A All thit I knovv is thnt it vns just Lieutenant H0I\TDA. I con't know nny of his Christian m r e s . Q D o you know t regiment he was in? A N o . Q You can't 一 一 you hnve no Fe?.ns of identifying him further, hnve you, Coptnin? A N o . Q He is the one thnt tola,you the story nbout Captain Brarnfielc being alive. I l i k e to know how 13 , 1 BARNETT CROSS ranny were in this field dressing stntion Cnpt.iin Br?ni- field wr.s with. A It is not Cnptciin B n m f i e l d . It is Captain 3 - n f i l l , B - » f - レ 1 - 1 . Q エ i r sorry. A I co not know the exact number of the men in his fielc dressing station. I know thハ‘t there were tフo Cnnr.cliマns, t?/o other C?.naci n .ns with hir. Q Did Lieutenant HONTA tell you how they cied? A No.' Q Captain, because of the nature of .your calling, cic you have more freedom th M .n the other men in this cirnp? 、 A N o . C； Weren't you permitted to leave the cnnp nnd go to the hospital once in n while? A The first cny we arrived in North Point Cnmp； thnt wつs the only tine that I vn.s allowed out. Q How many huts were there in this c?.mp, altogether? A I co not know the number of huts in the cnmp. Q You testified there were 2500 nen there r?.t about the c-^y you arrived, or they c m e ,r >;ith you. Lie they stay there curing the entire period of time you were there? 13,152 BARNETT CROSS 12345678901234567890123 45 1111111111222222 A N o . First of nil, the Incinns were roved out of th?t canp. Then the British マere r>ovecl out of the c.^.np. Then the Winnipeg Grenadiers re joined us ^nc thsv brought the Hoya 1 N-Tvy with then. Q What wns the highest nurber of ren you had t the cnnp ->t any one tine? A About S ^ O O , Q Anc f o r whnt perioc of tire cid you hnve as mnny as 2^00 in thr.t c ( ?.r.p? A About four months. Q Anc wh-.t wns the le,?st nurber you hnc it ?ny one tire? A Betv/een sixteen ".nc seventeen hundrsc；. Q What v;as the situation '.vith respect to the clothos of the r.on in this c?rr.p? Were they permitted to keep their own clothes? A y fa -vere perrittec； to keep our own clothes. Q Ho’.long T .vore you without eating utensils? A The Japanese brought only into North Point nbout enough to give' ̂ bout ？ hunored nen eating utensils they throughout the '.マhole time never brought in nny nore ^nting uters ils. Q D o you know if there ？/ere nny other eating utensils ^v^.ilablG thつt they coulc hnve brought in? A All ti)nt I knov; is they ha^ cor.plete access 13,153 BARNETT CROSS tc our qu? i rter35T.ster stores. Q C a p t a i n , about this <?.ffidnvit that you were askec to sign, you stated this morning that Colonel TOKUNAGA incicited he hac received orders to have the prisoners of wnr sign the affidavit not to oscnpe. Just wh^.t c.o you nean by "he inaicatec"? A He sr.icl thnt he h。d received orders th^t we nust sign this r.fficnvit nnc was giving us an order to gign t h e n . Q You have given u s , in answer to questions a few minutes a g o , the substance of thnt affidavit. Yshs there anything else contained in it besidos whit you h?.ve testified? A Not thnt I c^n rauer.ber. 13,154 BABNiTT CROSS Q エ believe you testified thi3 morning you saw the nen working in this airport? A Y e s . Q How far from the camp was that? A エ should say about two miles across the b a y . Q VJas that light work? A The first part was light w o r k 5 cutting grass and d i g g i n g . Q Were they voluntary working parties? A W i l l you please repeat? I didn't catch the fil•ハt part of the question. Q Maybe I interrupted. Did you finish your answer to the previous question? I asked if they v'ere voluntary working parties. A N o . Q The men were asked to go? A They were told to go. Q How old was L i e u t . C o l . Sutcliffe at the time he died? A I don't know his ago and I would be just making a guess if I gave any age for Colonel Sutcliffe, Q L e t 1 s have your best estimate. h. I should say about forty. Q .He died from malnutrition? A b r a m & M o r s e A Lalnutrition and through malaria and 13 ,155 BiUiNLTT CROSS dysentery, for which we had had no drugs in North Point Camp. Q Lo you know if there were any other drugs available in Hong Kong at that time? A When 1 l e f t S t . Stephens Hospital it v/as well equipped with drugs of every description。 I don't know what happenad to those drugs. Q Do you know if o t . Stephens Hospital had a large supply of dru： s at the time you left? A There was a considerable quantity there and the Japanese had already taken a considerable quan- tity when I left. Q ‘ I believe you testifiec this norning that at the end of 1942 when you went to Bowen Load Hos- pital you were treated very w e l l , is that correct? A I said tlifet the quarters were quite good, but the food wa s very bad indeed. Q Lid you get medical treatment there? A 1 received medical treatment from ray ovm doctor. Q Was the hospital under the control of the Japanese at that time? A It was still under the control of the Jap- anese but run by British officers and British medical orderlies. 13,156 B ム : C K O S S 0 How manv patients were there at that hos- pital when you were there in September? A I should say about 240. Q How were they being treated? A They were receiving medical care at the hands of the British doctors and orderlies. Q fhey had no drugs to take care of them at that time? A Not nearly enough because men were dying from diphtheria and dysentery. Q Lo you know if there vms enough serum available in Hong I ong at that time? 1 I don't know. Q 7/hen you arrived at Gamp Shamshuipo,you testified that the men were sleeping on boards. Had that camp been built before the surrender of Hong Kong? A Y e s . Q Do you know for what it had te^n used prior to the surrender of ixong Kong? A Y e s . Q What had it been used for? A iis a military camp. Q By whom? A By the ；British. Q Just prior to the re-entry of the British 13,157 BAiiNBTT CKOSS in 194-5 were there any machine guns set up around your camp? A In 194-5 there were machine guns placed in camp from time to tirae. Q ^id you ever hear any report, Car)tain, that if the Allied forces set foot on Japanese soil that ell the prisoners in that camp would be killed? A 've had heard rumors that that would happen to the prisoners. C Do you know where that rumor emanated .^rom? A I don't know。 Q Captain, i-s it a fact that as time went on shipping lanes were disrupted end there was an in- ability to bring food and hospital supplies and drugs to Hong Kong? THE PKSSlDEKTs He isn't in a position to advise us on that, . Logan. Q Do you knovir, Captain, if it is a fact that less and less ships came to Hong Kong as time went on? A I d o n 1 1 k n o w , but I know that each month I did help to carry in large supplies of rice into the Japanese compound, hot only rice, but soya sauce, sugar and. various other conmcx-ities. Q Did thot come from ships? A Where it came from I could not say. 13 ,158 BARNETT CROSS Q Did cny of the Jr:pr:nese ever tell you that the food supply was getting short because they didn't have the ships to bring the food down into Hong Kong? A N o . Q Was Cr.mp North Point also used r.s a camp by the British prior to the surrender of Kong ilong in 1941? A It wr,s occupied by Chinese refugees. Mti. LOGAN: Thnnk y o u , Captain. THE I..Ir, E l e w e t t , iLh. BLEWETTs If the Court plense. C E O S S - E X A m A T I O K (Continued) B Y i山. B L E W E T T . Q ^here was S t . Stephens School locr.ted, Captain? THE PK£iSII>SNT: hong ^ong is near enough for our purposes, -:Ir. Ble?;ett. iuh。 BLSWiTTs エ m e a n t , sir, with respect to y;hat pこrt of the city. THE WITNESS: rhere is no City of Hong Kong, It is the City of Victoria on the Island of Iiong liong, Q Khen wr,s the school comnandeered for c‘ hospital? A A t the beginning of hostilities. Q When wc.s that, sir? 13,159 BAlJffiTT ChOSS 唯II I<III IIIIIIHINIII I M 11—HI • I »•» • I • •••丨丨_I I_ _ • • ^ A Around, the 8th of D e c e m b e r , 1 9 4 1 . Q Kow, wc；s the hospitel in the pcth of the fighting up until between the 8th, as you say, sncl the 26th and 2?tli of December? THE MOWITOii: Iir. B l e w e t t , will you kindly repeat that question again, plesse? Q Was the hospital in the psth of the fighting botvveen December- 8th or 10th and the 25th? A ’The hospital was in the path of the fighting on the 25th of D e c e m b e r , 1941。 Q Had you seen any Jr.panese troops around that vicinity before the 25th 9 Captain? A I didn't see any Japanese troops until they entered the hospital。 Q Whr.t what 评es • that、last w o r d , please? THE PRiSIDEi^T: He didn't see any Japanese troops before he entered 一一 before they entered the h o s p i t a l . Q On w h a t date were the Led Cross flags shot down? A Between the 22nd and the 24th. Q M o w , did thsse shots come from land troops or air? A That ェ could not say, because we were being shot sround from the sir and fron the land t oops as 13 ? び0 BAHNETT CKOSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 w e l l . ‘ THE PK^SILENT： To those entering the hospital it was obvious that it was a hospital? THE WI 1 腫 S S : Y e s . Q Captain, were the.J&panese who entered, the hospital under any kind of military order, or were they roving bands of soldiers? A エ couldn't say whether -- they weren't bands of roving soldiers； they came in into an attack. ^ I referred, Captain, to the soldiers that actually entered tho hospital。 A They wers in attack and continued their attack in the hospital, firing machine guns from the hospital windows and rifle fire. u 'rhese three soldiers I believe you stated entered the hospital; were they under any military discipline, or did they have ？.ny leader? A I don't know whether the ir leader v;a s w: th themラ or whether one of them was a leader or not. Q Vvas there soon after this occurrence, or at any time, any explanation made by the Japanese . i for the acts of these troops? A None to my knowledge. M H . BLEVvETT: Thank y o u , sir. ェ believe that is all the cross-examination, 13 ,161 54 5 6789^US13141516H2192021S232425 your H o n o r . BRIGADIEH N O L A N :エ s s k , M r . President, that the witness be released to permit him to return to his own country, on the usual terms. THE PhiSILENT: He mcy return to Cnnada, on the usual terms. It isn't likely that ho ？/ill be required to come b a c k . ('.vhereupon, the witness wf.s excused.) THi PRESIDENT; Brigadier N.olen. BRIGADIER NOLAN: I offer now IPS document 2753 ? being the synopsis of the Hong Kong r.ff idnvits, and request that it "be given ？n exhibit number. THE PRFSIDENT： Admitted on the usual terms. GL^RK OF THI COURT: Prosecution document No 2753 will "be given exhibit N o . 1589. (Whereupon, the document above referred to wr. s mrrked. prase cut ior ' s exhibit N o . l ^ c nnd received in ovidcncc.) BRIGADIER NOLAN； I offer prosecution docu- ment No» 5089 B , being the statement of M r s . X —一 エ purposesiy omit the nprno -- a V。A.D. et S t . Stephens Hospital, for identifica'tion. CLERK CF THE COURT: Prosecution document N o . 5089 E will reccive exhibit N o . 1590 for identi- fication only. ("Whereirnon, the document above referred to wes marked prosecu+ion's exhibit N o . 1590 for identification.) BRIGADIER NOLAN； The mrrked excerpts arc offered in evidence. THI PRESIDENT; Admitted on the usual terms. CLIRK OF THF COURT; And the marked excerpt therefrom 3 bccring the seme document number, will 13,163 2 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 receivc exhitit N o . 1590A. . (？/hercuron, the document above referred to was marked Drosecution's G^diibit N o . 1590A snd received, in evidence.) BRIGADIER NOLAN: The. strtement sets out thct during the night of 25 December 1941 a V . A . D . WFS raped by Ja^p.ncse soldiers rnd two Sisters of the Territorial Army Nursing Sf.rvicc r r. rc rrpc.a on three occasions during the sr.mc n i g h t . These arc the srmc nurses who were referred to b y Csptain B a r n e t t in his evidence. エ offer prosecution documr.nt N o . 5089 H , being the- statomcnt of Sister X , Territorial Army Nursing Service on tho stsff of S t . Stcnh^ns College Hosritcl, for identification. CLERK OF THE COURT: Prosecution document N o . 5089 H will rcceivc exhibit N o . 159—1 for identi- fication only. (Whereupon, the document ebovc referred to was marked prosecution's exhibit N o . 1591 for idcntificction.) BRIGADIER NOLAN: The marked excerpts are offered in cvidcncc. THE PRISIDELT： Admitted on the usual terms. CLERK OF THE COURT: The mprkod excerpts there- from, bearing the seme document n u m b e r , will receive 13,164 exhibit N o . 1591A. (Whtrcur)on, the document sbovc referred to wes marked prosecution's exhibit N o . 1591A r.nd rcccived in evidence .) BRIGADIER N O L A N T h e statement describes how Sister X wes raped by three JeioanesG soldiers one Eftcr the other on two occasions during the night of 25 I cccrabtr 194-1 and thrt £ nother nursing sister underwent g similar Gxpcricnce. This is elso one of the nurses referred to by Cr.ptr.in Burnett. Prosecution documcnt N o . 5089 E s the state- ment of Scrgccnt H . Pcr.scgood ? Royal Army Mcdiccl Corps, a member of the staff of S t , Stephens College Hospital, is nov; offered for identification. CLERK OF THI COURT; Prosecution document N o . 5098 E will reccive exhibit N o . 1592 for identi- ficstion only. ( W h t w u n o n , the document above referred to wss merked prosecution's exhibit N o . 1 5 9 2 for identifiertion only.) BRIGADIER NOLAN: The mrrked cxccrcts €.vc offered in evidcncc. THE PRESIDE1TT: Admitted on the USUPI terms. CLERK OF THE COURT; Tho merged excerpts, beでring the sr.me document number, will receive 13,79 exhibit No. 1592A. (Whereupon, the document eboVe referred to w。s marked prosecution's exhibit No* 1592A end received in evidence.) , BRIGADIFR NOLAN: This statement sets out thrt the bodies of three VAD's of the Hospital steff were found by him in the； grounds of the hospital m d he identifies them. エ offer prosecution document N o . 5^89 F , being the statement of Scrger.nt J . H . Anderson, Royal Amry Iviedicrl Corps, r. member of the st^ff of St. Stephens College Hospitcl, for identificrtioru CLFRK CF THE COURT; Prosecution's document NO. 5089 F will receive exhibit No. 1593 for identi- fication only. (Whereupon, the documc-rlt ĉ fcoVe referred to wr.s mrrked prosecution 1 s exhibit No. 1593 for identification.) BRIGADIER NOLaN: The. m&fked eXcerrits arc offered in evidence. THE PRESIDENT; Admitted on the usual terms. CLERK OF THE COURT: And the mcrked excerpts therefrom, bcoring the srmo document number, will roccive exhibit N o . 1593A. (Whcrcunon, the document above referred 13 , i 6 ^ to wa»- morkod prosecution's exhibit- N o . 1593A end rcccivcd in evidence.) BRIGADIER NOLAN: The statement sets out thc-t St. John's r.mbulcnce men were murdered end thrt the bodies of Licutcnc.nt Colonel Block sna Ceptr.in W i t n e y , Hoyr1 Army Modicnl C o r p s , were found in the hosrdtcl bayoneted or cut with swords. The bodies of the three missing ？./omen were found cut to pieces. The heed of one wes tlraost severed from the b o d y . Altogether about 60 to 70 bodies of patients rnd 2 5 bodies of str.ff were collectcd end burnc-d iroon orders of the Jcpenese. Prosecution document N o . 5100, being the sffidevit of Certain S . M . Br.nfill, Roycl Cmr.disn Army Medical C o r p s , is offered for identificrtion. CLERK OF THE COURT: Prosecution document No.ヲ100 will receive exhibit N o . 1^94 for Identificn- tion only. ('"hereupon, the document "bove referred to was mrrked prosecution's exhibit N o . 1594 for idcntificrtion.； BRIGADIER NOLAN: The mrrked exccrr«ts rrc offered in cvidencc. TH7 PHISIDENT: Admitted on tho usurl terms. CL.FRK OF THE COURT: The rnorked excerpts," 13,167 beering the srme document number, v/ill receive exhibit N o . 1594A. C 11 hereupon, the document rfbove referred to wr.s Lif-rked prosecution's exhibit N o . 1594A and received, in evidence.) BRIGADIER NOLAN: The Effidrvit Lrr.tes thrt the deponent h£d established r First Aid Post r.t the- se lcsicn Mission end describes how Royrl i. rmy Medic si Corps personnel from the First Aid Post were lined -up end shot, ^'hen Crptr.in B m f i l l "protested rbout the shooting, rnd Pnglish specking Jrrenese told him they o.n order to kill c:ll crptives. There were "two survivors, Second Lieutenrnt Osier Thorn: s, Hcs'g Kong Volunteer Defense Corps, c nd Corporal Lepth, Roycl Array Mediccl C o r p s . The d&pone.nt srw the Japanese bayonet wounded officers r.nd men m d then shoot them to mrke sure thr.t they were deed. 13,168 Prosecution documont K o . 5286A, being the affidavit, of Captain Osier T h o n a s , Hongkong Volunteer Defense Corps, is offered for identifi- cation. CLERK OF THE COURT: Prosecution's document N o . 5286A will receive exhibit N o . 1 5 9 5 for identification only. d r y u p o n ， t h u document above re- ferred to wes marked p r o s e c u t i o n 1 s exhibit N o . 1 5 9 5 for identification.) BRIGADIER NOLAN: The m?.rked excerpts arc offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: And the marked excerpts therefrom, bearing the same document n u m b e r , will re- ceive exhibit N o . 1 5 9 A . (^hereupon, the docum'-'nt abovu re- ferred to was marked prosecution's exhibit N o . 1 5 9 5 - A snd received in evidence.) BRIGADIER NOLAN: The affidavit states that tho deponent was serving as a medical officer under Captain Banfill est th.j Salesian Mission Advanced Dressing S t a t i o n . On 19 Doccabcr the station sur- rendered and the male personnel were led on to the m a i n road and lined up on the tdge of ？. N u l l a h . Goldbers & Barton 13 ,169 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Suddenly Japc.naso soldiers started to bayonet the vnsnspecting men from the rusr admidst cheers from thri enemy o n l o o k e r s . Somo w h o r.ttompted to oscrpe s h o t . The deponent fell into a nullnh as though shot snd th^ bodies of two victims fell on bin; r.nd he survived. “ エ offer in evidence Prosecution's document F o . 5089D, being the statement of Corporal N . J. L e a t h , Royal.''rmy Medical Corps cttached to the Advanced Dressing Station for identification. CLSRIl OF THE:; COURT: Prosecution's document N o . 5089D w i l l rucoivo oxhibit N o . 1596 for identi- fication o n l y . ( r r hor^-upon, th^ document above _ rofurr^d to wr.s marked prosecution's exhibit K o . 1596 for identification.) BFilGADIER NOLAN: The mcrked excerpts ere offered in e v i d e n c e . THI：, PRESIDENT ； Admitted on the -usual terms, CLERK OF THE COURT; And th^ excerpts there- from bearing the same document number v?ill receive eyhibit N o . 1596-A. (^hereupon, the document above re- ferred to wc.s marked prosecution * s yxhibi/c N o . 1 5 9 6 - A and ivc'しiv•しd in evidence.) BRIGADIER NOLAN: Tbj statement describes ho.w Medical corps pdrsonrv^l surrendered， were searched an3 theたt valuables taken away from t h e m . They were narch-id off into a little v a l l e y w h e n they Wfcra haltt d or* tho edge of a n u l l a h . The party was lin^d up and s'lot or bayoneted in the b a c k . Corporal Lt'ath y : 3s stru :k from behind on the b a c k of the neck ana o.lc.od p o u r e d into his e y e s , ears nnd m o u t h . The "wouivkノ were s.hot as thoy lay on the ground but C o r p o r a l Lea'c'.il^y still among the dead bodies end sur-rived。 Prorjecution document H o . 5089C, being the f tatemont of Sergeant 4 ?。R。Clanningham, R o y a l Array Mecliccl C o r p s attachud to tho Advanced Dressing Stc.tion is rtow offered for identification. CLIm： OF THB; COURTS Prosecution's document N o . 5089C 只ill rucuive exhibit N o . 1597 for idonti- fication o n l y . C'her^npon, the document above re- ferred to wgs marked p r o s e c u t i o n 1 s exhibit N o . 1デ 9 7 for iduntificstion,) .BE IGADII.;R NOLAMs The m a r k e d e x c e r p t s are offered in e v i d o n c e . T J E PRESIDENT: Admitted on tho usual terms. G1.ERK OF THE COURT s And the excerpts there- f r o m , "bearing the sc.rre docv:mc;nt number， will reccive exhibit N o . 1597-A. (Uh^reupon, the document above re- f e r r t o was marked prosecution's exhibit N o , 1597-A ancl received in evidence.) BRIGADIER NOLAN； The s'tc.toment sets out on 19th Duceir'bfjr S t . John f s ambulcince bearers sur- rendered and although they were fully dressed and wore Red Cross brassards were killed by the Japanese. 1 3 , 1 7 2 BKIGADI：.'; ;.ClA：：: Prosecution document No. 5287-A, being the affidavit of Martin Tso Him Chi, Fifth Anti-Aircraft Batterjr, Hong Kong Volunteer Defense Corps, is offered for identification. CLERK OF THE COURT: Prosecution's document No 5287-A will receive exhibit No. 1598 for identi- fication only. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No, 1598 for identification.) BRIGADIER FOLAN; The marked exceruts are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLEI.K OF THE CCUKT1 The marked excerpts therefrom, bearing the same document number, will receive exhibit No. 1598-A. (^/hereupon, the document above re- ferred to was marked prosecution's exhibit No. 1598-A and received in evidence.) BRIGADIER NOLAN: The affidavit states that after surrendering twenty-five men were ordered to leave the magazine and as each man passed the entrance he was "bayonet ted. The deponent, who was bayonet ted through the body, feigned death and survived. Prosecution document No. 5289-A, being the 13,173 affidavit of Brother Michael Hogan of Marvknoll M i s s i o n , Stanley; Hong Kong, is offered for identi- fication. CLERK OF THE COURT: Prosecution's document N o , 5289-A will receive exhibit N o . 1599 for identi- fication only. (Whereupon, the document above re- ferred to was marked p r o s e c u t i o n 1 s exhibit K o . 1599 for identification.) BRIGADIER FOLAN: The marked excerpts are offered in evidence. THE PRESIDENT: Admitted or the usual terms. CLERK OF THE COURT; The marked excerpts therefrom, bearirg the same document number, w i l l receive exhibit N o . 1599-A. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No.1ヲ99-A and received ir evidence.) BRIGADIER FOLAN: The affidavit states that on 25 December 1941 six British o f f i c e r s , who had bsex； captured, were bayonetted by Japanese soldiers. Prosecution document N o . 5101, being the affidavit of Lance Sergeant A . H a l l of the Winnipeg Grenadiers, is now offered for identification. CLERK OF THE COURT； P r o s e c u t i o n 1 s document 13,174 234 5 67892111213:S15^1718S20H22わ M 乃 No. 5101 will receive exhibit No. 1^00 for identi- fication only. (Whereupon, the document above re- ferred to was marked prosecution' exhibit No. 1600 for identification.) BRIGADIER NOLAN: The marked excerpts are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: The marked excerpts therefrom, bearing the same document nunfber, will receive exhibit No：1600-A. (Whereupon, the document above re- ferred to was marked prosecution's exhibit N o . l 6 0 0 - A and received in evidence'.) BRIGADIER NOLAN: The affidavit states he was captured on the 19 December 1941. After surrender, while "being marched down the road, three grenadiers were taken out of the ranks by Japanese soldiers, one Private Whalen was shot and Lance Corporal Land and Private Osadchuk were bayonetted and appeared to die almost instantly. Prosecution document No. 5288-A, being the affidavit of Colonel.L. T. R i d e , officer command.iVig Kong Kong Field Ambulance, is offered for identifi- cation. 13 , 175 CLERK OF THE COURTs Prosecution's document No. 52P8-A will receive exhibit N o . l601 for identi- fication only. (V/hereupon, the document above re- ferred to was marked prosecution's exhibit No。 1601 for identification.) BRIGADIER NOLAN: The marked excerpts are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COUET: The marked excerpts therefrom, bearing tい same document number, will receive exhibit N o . 1 6 0 1 - A . (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. lfOl-A and received in evidence.) BRIGADIER NOLAN: The affidavit states that after the surrender the deponent was searching for wounded and found over fifty bodies, man” of them with hands and feet tied. Many had bayonet stabs and sword wounds, mostly in their backs. Prosecution document No, 5284-A, being the statement of First Lieutenant TANAKA, Hitoshi is offered for identification. CLERK CF THE COURTs Prosecution's document N o , 5284-A will receive exhibit No. 1602 for 1 し 1 外 identification only. . (Whereupon， the document above re- ferred to was irarked prosecution's exhibit No.1ご02 for i d e n t i f i c a t i o n . ) . BRIGADIER NOLAND: The marked excerpts are offered in evidence. THE PRESIDENT; Admitted on the usual terms. CLERK OF THE COuRTi The marked excerpts therefrom, bearing the same document nturber, will receive exhibit N o . l 6 0 2 - A . (Whereupon, the document above re- ferred to was marked prosecution's exhibit No r l602-A and received in evidence.) BRIGADIER KOLAN; The statement sets out that Sergeant Paine and the three other Canadians who escaped from North Point Camp in 1942 were recaptured w h e n , in attempting to cross to the Kowloon side, their boat capsized. They were t a k e n to the Kai Tak Aerodrome, cut down with swords, stabbed with bayonets and shot. Prosecution document F o . 5^99, teing the affidavit of Major R . D . Buck, Royal Army Pay Corps, is now offered for i。entificatioru CLERK 0” THE COURT: Prosecution's document No. 5099 wi:l receive exhibit K o . 1603 for 13,177 identification o n l y . (Whereupon, the document above re- ferred to was marked prosecution's exhibit K o . 1 6 6 3 for identification.) BRIGADIER FOLAK: The marked excerpts are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF TliL COt^T: The marked' excerpts therefrom, bearing the same document n u m b e r , w i l l reccive exトi"bit Ko« 1603-A. (Whereupon, the document above r&- ferred to was irarked prosecution's exhibit Fo 1603-A and rccoived in evidence.) BFJGADIER I、;OLAIベ If I may be permitted to refer to the affidavit of First Lieutenant T A N A K A , エ have been requested by my learned friend to read an additional sentence which is contained ir paragraph two.thereof. The sentence reads as follows, and I quote: "Tokyo was informed that they had been shot whilst escaping from a POW camp." Reverting to the synopses, ir respect of exhibit the affidavit states In July 1942 at Shamshuipo Camp an escape tunnel was discovered by the Japanese. E i g h t British other ranks were arrested and four w e r e not returned to the camp. 13,178 Ir August 1945 the deponent saw a list prepared by the Japanese in which these four British soldiers were named as having been killed by shooting. Prisoners of vjar were employed in repairing guns ard ir the enlargement of Kai Tak Aerodrome. An English artillerjr officer who protested was severely beaten. He saw the Roman Catholic padre, Captain Green, after he had been beaten and he was very severe]^ knocked about. Prosecution document No. 5093? being the affidavit of Lieutenant Colonel George Trist, V* r inni- peg Grenadiers, is offered for identification. CLERK OF THE COURTs Prosecution's document No„ 5093 w i U receive exhibit Fo. 1604 for ide-r.ti — fication only. (thereupon, the document above re- ferred to was marked prosecution's exhibit No. l604 for identificationc) BRIGADIER F0LAI\T; The marked excerpts are offered in evidence. THE PRESIDENT; Admitted on the usual terms. CLERK OF THE COURT; The marked excerpts therefrom, '-earing the same document number, will receive exhibit No. Ifr04-A. (Whereupon, the document above 13 ,179 referred to was marked prosecution's exhibit N o . 1604-A and received in evidence.) BRIGADIER HOLANs The affidavit describes the iradequacy of the accommodations both at Sham Shui Pc and North Point Carrms. W h e n asked to sign an affidavit that prisoners would not attempt to escape, it was pointed out to the Japanese commandant that it was a military duty to attempt to escape; whereupon, the Commandant replied that the prisoners v;ere no longer officers but 邛ere ！merely prisoners of war and that refusal to obey an order of the Japanese Army would have serious consequences. The affidavit describes the beating of officers including one who had complained to the visiting Representative of the F;ed Cross that the prisoners were "being starved to death. The affidavit also states that Sergeant Paire and three other Canadians escaped from the carrp on 20 August 1942. THI. PRESIDENT: We w i l l recess for fifteen m i n u t e s . (Whereupon 5 at 1445, a recess was taken until 1 5 0 0 , after which the proceedirgs •were resumed as follows:) 1 3 , l 8 0 THE PRESIDENT: Brigadier N o l a n . BRIGADIER NOLAN: Prosecution document N o . 5090, being the affidavit of Q .K.t-. (WO II) V . J , M > s t t , c.r.t^.c. , is offered for identification, CLERK OF THE COURT: Prosecution's docu- raeri七 N o , 5090 w i l l receive exhibit N o . 1605 for identification o n l y . (Wfierenpon, the document above re- ferred to was marked prosecution 's exhibit K o . 1605 for identification.) BRIGADIER NOLAN: The narked excerpts arft offered in e v i d e n c e , TKS PRESIDENT： Admitted on the usual terms. CLERK OF THE COURT; And the rnarked excerpts thprefrom, bearing the same docura<=nt n u n b p r , w i l l receive exhibit N"o. 1 6 0 5 - A . (Whereupon, the docunent above re- fprred to was marked prosecution's exhibit Wo.l60ヲ-A and received in evidence.) BRIGADIER NOLAN: The affidavit states that sick non were forced to go on working parties at Kai 1?pk airport and that a number of extremely sick men were actually carried to the w o r k on stretchers in order to meet the exact nunber d e m a n d e d . Prospcution document N o . 5095? being the wolf & y ~ e 1 d e n 13,181 affidavit of Liputonant Colonel F . D . Field, R o y a l Artillery., is now offered for idontification e CLERK OF THE COURT: Prosecution's docu- mpnt N o . 5"095 w i l l receive exhibit N o . I606 for ident- ification only. (Whereupon， the document above re- ferred to was narkod prosecution's exhibit N o . I606 for identification.) BRIGADIER NCLAN: The "larked excerpts aro offered in evidence. THE PRESIDENT: Ad,，ittpd on the usual trris, CLERK OF THE COURT: The marked pxcerpts thorefron, bearing the sane docuncnt number, will receive exhibit N o . 1606-A. (Y/hor^upon, the docunent above ro- ferred to was marked prosecution 1 s exhibit N o . I606-A and" received in cvidonce.) BRIGADIER NOLAN: Thr. affidavit states that at t-hanshuipo C n m p , 7/hich chiefly for othrr ranks, therp v;as a lack of npdical facilities and a shortage of food. Many of the rn^n were forced whpn v^ry ill to go on working parties. In the autumn of 194-2 diphtheria and dysrntory brok^ oi;t. Thr Japanese refused the sick r^on any nedic,ユ attention with the result that about 200 died. In June or July 194-3 13,182 10 n 12 13 14 15 16 17 13 19 20 21 22 23 24 25 Captain Douglas F o r d , R o y a l卜 c o t s , and Flying Officer C . O . G r e y , R.A.F. , wore tortured, tried, and shot for attenpting to escape. Tho prisoners were warned not to speak to the Rpd Cross representative who visited the camp in August 19^-4-, and Lieutenant Barnett was 6 | beaten for calling out to tho representative that 7 1 the prf soners wore starving. . 8 : Prosecution document N o . 5096, being the. 9 affidavit of Captain the R e v . E . J . G r e e n , il.M. (R.C.), is now offered for identification, CLERK OF THE COURT: Prosecution. 1 s docu- nent No* 5096 will recpive exhibit N o . 1^07 f o r identification only, ( h e r e u p o n , tho document above re- ferred to was marked prosecution 1 s exhibit N o . 1607 for identification.) BRIGADIER NOLAN: The marked excerpts are offpred in evidence. THE PRESIDENT: Admitted on the usual terras. CLERK OF THE COURT: Thr marked excerpts therefrom, bearing the sane document nuraber, will receive exhibit N o . 1ら 0 7 - A , (Whereupon, the document above re- ferred to was narked prosecution's exhibit N o . 1607-A and received in evidence•) 13,183 The affidavit states that in the auturan of 1942 a severe epidemic of diphtheria broke out in ShanshuipoCarap. The Japanese authority provided no medical attention or drugs, and although beds were available in many cases the sick were left on the concrete.floor and died. The deponent describes how he was severely beaten because he complained at the dolay in the distribution of nioneys made available • by the Vatican for the benefit of the prisoners. Prosecution document N o . 5089A, bring the affidavit of Lieutenant Colonel C.O, t-hacklp-ton, R.A4M.C., is now offered for identification. CLERK OF THE COURT: Prosecution's document N o . 5089A will rpceive exhibit N o . 1608 for identifi- cation only. (Y.Tiereupon, the document above re- ferred to was -narked prosecution's exhibit No. 1608 for identification.) BRIGADIER NOLAN: The narked excerpts arf> offered in evidence. THE PP.EfcIPENT: Admitted on the usual terras. CLERK OF THE COURT: The marked excerpts therofrora, bearirrg thp same documpnt nunber, will receive exhibit N o . 16o5-A. ("^/hereupon, thp document above reforred , 1 3 , 1 8 4 to was raarked prosecution 1 s exhibit N o . 1608-A and received in evidence.) BRIGADIER NOLAN: This affidavit states that the deponent was Senior British Medical Officer at Hong Kong and commanded Bovven Road Hospital. He describes tho nndicines provided as grossly inadequate to ct>pe with the diseases caused by malrmtrition and such diseases as beri b^ri, polingra, and failing vision. Thr food supplied was on a starvation diet and Rod Cross parcr-ls were freoly takpn by the Japanese and consumed by then. M r . Justice Mansfield will now continue with the presentation of this phase. THE PREトIDENT: M r . Justice Mansfipld. 13 ,185 2 3 4 5 , 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M R . JUSTICE MANSFIELD: If the Tribunal ？lease, the prosecution offers in evidence document IJo. 54-56, being a synopsis relating to the Andaman Islands. 1-HS P.RESIDErIT: Admitted on the usual terms. CLERK OF TIIE COURT: Prosecution 1 s document N o . 54-ヲ6 w i l l receive exhibit N o . 1 6 0 9 . (Whereupon, the document above referred to 巧as marked prosecution's exhibit H o . l609 and received in evidence.) M R . JUSTICE MANSFIELD: Prosecution document numbered 5113 5 the affirmation of Abdul R a u f , is now introduced for identification. CLERK 0? THE COURT: Prosecution's document N o . 5113 w i l l receive exhibit M o . 1610 for identifi- cation only, ("/hereupon, the document above referred to was marked prosecution's erbibit N o . I6l0 for identification only.) MR。-JUSTICE MANSFIELD: And the m?.rked excerpts thereof offered in evidence. THE PRESIDENT; Admitted on the usual terms. CLERK OF THE COURT: The marked excerpts therefrom bearing the same document number w i l l receive exhibit N o . 1610-A. 13,186 (Whereupon, the document above referred to was marked prosecution's exhibit No, l6lO-A and received in evidence.) M R . JUSTICE MANSFIELD: Prosecution document numbered 5115, the affirmation of Pyaray M o h a n , is also introduced for identification. CLERK 0 ? THE COURT; Prosecution's document N o . 5115 w i l l receive exhibit No. l6ll for identifi- cation o n l y . 了 h e r e u p o n , the document above referred to was marked prosecution's exhibit N o . 1611 for identification only.) M R . JUSTICE MAFS?IELD: The marked excerpts thereof being introduced in evidence. THS PRESIDENT; Admitted on the usual terras, CLERK OF THE COURT; The marked excerpts 七herefrom bearing the same document number 双ill receive exhibit No。 1611-A. (Whereupon, the document above referred to was marked prosecution's exhibit IJo.1611-A and received, in evidence.) M R。 JUSTICE MANSFIELD: These documents describe the torture of the witnesses by セhe Japanese A Z H M A , vho beat and kicked them and ordered them to be tortured "by the water m e t h o d . 13 ,187 Prosecution document numbered 5 1 M , tho r.ffirmation of Habib-Urrahman, is no , 7 produced for identification. CLE1K 0? THE COURT: Prosecution's document N o . 5114 "/ill receive e x M b i t N o . 1612 for identifi- cation o n l y . • (Whereupon, the document above referred to :7as marked prosecution's exhibit N o . 1612 for identification only.) M R . JUSTICE MANSFIELD: And the excerpts marked therein offered in evidence. THE PRESIDEKT: Admitted on tho usual terms. CLERK OF THE COURT: The excerpts therefrom bearing the same document number w i l l receive exhibit N o . 1612-A. ("^hereupon, the document above referred to was marked prosecution's exhibit F o . 1 6 1 2 — A and received in evidence.) M R . JUSTICE MANSFIELD； This document states that the Jr.panese AZU1-IA and his assistant beat a T 7oman マith heavy pieces of wood and burned her naked b o d y . AZUMA attempted to force Khaliq's wife to. admit her husband 'fjas a spy and on her refusal said: "Your husband shall never return home." Khaliq ”/as shot. 13 ,188 Prosecution document numbered 5116, the affirmation of Zaitoon B i b i , is'offered for identi- fication. CLERK 0? THE COURT: Prosecution's document U o . 5116 - i l l receive exhibit N o . 1613 for identifi- 、へ• •, . . cation only. (Wherc-upon, the document above referred to was marked prosecution's exhibit N o . 1613 for identification only.) I'm. JUSTICE MANgFIELD: The marked excerpts thereof being introduced in evidence. TEE PRESIDENT: Admitted on the usual terms, CLERK OF THE COURT: The marked cxcerpts therefrom bearing the same document number w i l l reccive exhibit N o . 1613-A. (Y/hereupon, tho document above referred to was marked prosecution's exhibit N o . 1613-A and roceived in evidence.) M R。 JUSTICE MANSFIELD: This document statos that in January,194-3, the w i t n e s s ' husband was arrested, She v;as herself taken to the gaol where she met her hu.stand whe was being beaten T/ith a piece of wood until he became unconscious. Blood. VJC.S pouring from -rounds on his b o d y . The Japanese beating him threw hot and 13 ,189 cold ヮater over him to revive h i m . The --itncss VJ&S then beaten in front of her husbr.nd after which she was taken to another room ^hcre she was forced to remove her clothes. She -fas tied u p , hc.nds raised above her head, and legs apart, and a lighted candle vio.s placed on a stool befr.Teen h。r legs, so that, her private parts '-'ore burned. Her husband 7,as later shot. Prosecution document numbered 5117， the affirmation of Mohamed Hussain, is now introduced for identification. CLERK 0? THE COURTt Prosecution's document N o . 5137 ョill receive exhibit N o . 1614 for identifi- cation only. (Whereupon, the document, above referred to Tv'as marked prosocui:ion' s exhibit F o . 1 6 1 4 for identifIcr.tion only,) m , J M I C S I'iAKSF.rELD: The marked excerpts thereof being o^fcrod in evidence. TEL : Admitted on the usual terms. CLPHK O'F 1HS CCUH'i: The marl'ed excerpts therefrom bcr.:rir:g tiie same document number w i l l rGceive exhibit !Io. 1614-A. (Whereupon, the document above 13 ,190 referred to nas marked prosecution's exhibit N o . 1614-A and received in evidence.) MR。 JUSTICE MANSFIELD: This document states that on 2 August 194-5 the witness was arrastod ancl taken to Aberdeen Jetty with about 700 other people. He was put into a boat v/ith the others r.nd sailed in the evening. About 2 a.m. the next day, at a point 400 yards from the shore, all the people 3.n the boats v:ere forced into th e sea by the Japanese using sticks and bayonets. The ?/itness swam for the shore and about 200 men and two or three children reached there safely. There was no food and shelter to be found and one by one the survivors died. Some six weeks later, the Japanc-se returned and 七he witness vas the bnly one still living. He was taken to a place -.-here there \7cre ten other men and they Here put into a water-logged and freezing tunnel. After four days one of the men died. Prosecution document v riunibered 5317, the affirmation of Imdad A l i , is nov/ offered for identi- fication, CLERIC OF THE COURT: Prosecution's document F o . 5317 マ i l l r e c c i v e e x h i b i t N o . I 6 l 5 f o r i d e n t i f i c a - tion only. 13,191 (Whereupon, the document above referred to was marked prosecution's exhibit 广 No. l6l5 for identification only.) M R . JUSTICE MANSFIELDi And the excerpts marked therein, producccl in e v i d e n c e , THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: And the marked excerpts thorofrom bearing the same document number フill receive exhibit N o . l 6 l 5 - A . (Whereupon, the document above referred to vms marked prosecution's exhibit No. 1 6 1 5-A and received in e v i d e n c e . ) MR. JUSTICE MANSFIELD: The document states that the witness was arrested in October, 1944, and taken to the Cellular Gaol. For the first twelve days no charge was made against him and on all these days except o n e , he was tortured twice a day by being made to kneel on a sharp piece of wood v;ith a pole between his k n e e s , hands above his head w i t h heavy "books on them. Then he was tortured by having heated pins thrust under the nails of bis hands. He was tied to a grid and burned w i t h a candle on his thighs and private parts and tortured, in other ways 1.3,192 u n t i l his r e l e a s e one month a f t e r his arrest.. Prosecution document numbered 5318, "being the a f f i r m a t i o n of Murad A l i , i s now introduced f o r i d e n t i f i c a t i o n . CLERIC OF THE COURT: P r o s e c u t i o n ' s document Ko. 5318 w i l l r e c e i v e e x h i b i t No. I 6 l 6 f o r i d e n t i f i c a - t i o n o n l y . (Whereupon, the document above r e f e r r e d to was marked p r o s e c u t i o n ' s e x h i b i t No, I616 f o r i d e n t i f i c a t i o n o n l y . ) MR, JUSTICE MANSFIELD: And the marked excerpts thereof o f f e r e d iニ evidence. THE PRESIDENT: Admitted on the u s u a l . t e r m s . CLERK OF THE COURT: The marked excerpts therefrom bearing the same document number w i l l r e c e i v e e r ± i b i t No. I 6 1 6 - A . (Whereupon, the document above r e f e r r e d to was marked p r o s e c u t i o n ' s e x h i b i t No. I6l6-A and received i n e v i d e n c e . ) MR� JUSTICE MANSFIELD: This document s t a t e s that a number of Indians were t r i e d as s p i e s , the witness being present during most of the hearings Each accused was tortured u n t i l he made a f a l s e c o n f e s s i o n , i m p l i c a t i n g o t h e r s . Some Japanese i n - cluding one of the judges took part in a torture 13,193 •//hereby the accused was t i e d to a g r i l l , l e g s a p a r t , the lov/er part of the body naked. A s t o o l was placed between the l e g s w i t h a l i g h t e d candle on it,, so t h a t the man's p r i v a t e parts r/ere burned. From time to time the judge and other Japanese would l i g h t a piece of paper and pass the flame over the thighs and p r i v a t e parts of the accused, men and women both being treated in t h i s f a s h i o n . S t e e l p i n s , heated in a f i r e ? were t h r u s t beneath the f i n g e r n a i l s of the accused. The water t o r t u r e -?as a lso carried out and the accused were b r u t a l l y beaten. E v e n t u a l l y 43 accused were e x e c u t e d , 1 2 c.ied in gaol from toi'ture and d i s e a s e and. one com- mitted s u i c i d e » Prosecution document numbered 5319, the sworn statement of Bum! Nadan, i s tendered f o r i d e n - t i f i c a t i o n . CLERK OP THE COURT: Pl-osecutioti fs document No. 5319 w i l l r e c e i v e e x h i b i t No. 1617 f o r i d e n t i f i - c a t i o n o n l y . (thereupon, the document above r e f e r r e d to vias marked p r o s e c u t i o n ' s e x h i b i t Fo. I 6 l 7 f o r i d e n t i f i c a t i o n o n l y . ) 13,194 M R . JUSTICE MANSFIELD: And the excerpts marked therein offered in evidence. THE PRESIDENT: Admitted on the usual terms, CLEPiK OF THE COURT: The marked excerpts therefrom bearing the same document number will receive exhibit F o . 1 6 1 7 - A . (Whereupon, the document above referred to was marked prosecution's exhibit N o . l6l7-A ar.d received in evidence.) M R . JUSTICE MANSFIELD: The document describes the beatins of a native by a Japanese using a stick. The native died a week later as a result of the beating. Prosecution document numbered 5 3 2 1 , t h e affirmation of Mohammad, Is now produced for iden- tification. CLERK OF THE COURT: Prosecution's document F o . 5321 will receive exhibit N o . l6l8 for Identifi- cation only. (Whereupon, the document above referred to was marked prosecution's exhibit No. I6l8 for identification only.) MR。 JUSTICE MANSFIELD: The marked excerpts therein being tendered, in evidence. THE PRESIDENT: Admitted on the usual terms. 13 ,195 CLERK OF THE COURT； Th© marked excerpts therefrom bearing the same document number w i l l receive exhibit ! T o. 1618-A. (Whereupon, the document above referred to was marked prosecution's exhibit N o . 1618-A and received in evidsncp.) M R。 JUSTICE MANSFIELD: This document describes the murder of three coolies by Japanese. They were "beaten savagely and died as the result of their injuries. One man Y/as tied to a tree and given neither food nor drink for three d a y s . He died on the fourth d a y , having been beaten d a i l y . Prosecution document numbered 5322, the sv/orn statement of M h e i Y a m a n e , is offered for identification. CLEKK OF'•THE- COURT: Prosecution's document ETo. 5322 w i n receive exhibit No.. 1619 for identi- fication only. (识hereupon, the document above referred to was marked pro-secution's exhibit N o . l6l9 for identification only.) M B . JUSTICE MANSFIELD: The marked excerpts therein are produced in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT; The marked, excerpts 13,196 therefrom bearing the same document number will receive exhibit N o . 1619-A. (thereupon, the document above referred to was marked prosecution 1 s exhibit Wo. I6l9-A and received in evidence.) m . JUSTICE MANSFIELD; This document relates that in May or June 19斗5， orders came f]rom the Japanese Civil Administration that all persons caught stealing militaiT or civil stores or food sur)Dlies would be killed on the spot. The witness 'who v'ras. attached to -he administration states that he received these orders j hut only beat people for theft and did not carry out the orders. Prosecution document numbered 5112, the sworn statement of Leslie, a Nicobarese, is now offered for identification. CLEHK 0? THE COURT: Prosecution's document N o . 5112 will receive exhibit F o . 1 6 2 0 for identifi- cation only. (Whereupon, the document above referred to was marked prosecution's exhibit I'Jo. 1620 for identification only.) M R . JUSTICE MANSFIELD: The marked excerpts therein being offered in evidence. THE PRESIDENT; Admitted on the usual terms. CLERK 0? THE COURT； The marked excerpts therefrom bearing the sgrae documentary number will receive exhibit N o . 1620-A. (thereupon, document above referred to was marked prosecution 1 s exhibit No. 1620-A and received in evidence.) ME,. JUSTICE MAITSFIELD1 This document states that tFO Indians were beaten with rods, kicked T'ith boots and burned with cigarettes by a Japanese. One of the Indians was beaten to d e a t h . The witness saw D r . Jones with wounc's all over his body. Natives ancl Indians were "beaten and, T-ith one exception, no medical treatment was ever given. They were blindfolded and driven away ^bile their personal belongings were given to the itness who has never seen the men since. 13,198 Prosecution document nunbered 5111, the sworn statement of M r s . I . Jones, is offered for identification. CLSRK OF THE COURT: Prosecution's docu- npnt No. 5111 will receive rxhihit N o . 1621 for identification o n l y . (Whprr-'upon, thp document above re- ferred to was marked prosecution 1 s exhibit - N o . 1621 for identification.) m . JUSTICE I,iAN卜FIELD: The narked excorpts therein being produced in evidence. THE PRESIDENT: Adnitted on the usual t e m s . CLERK OF THE COURT: The narked excerpts therefron, bearing the same documpnt nunber, w i l l receivp exhibit N o . 1621-A. (Whereupon, the document above re- ferred to wns marked prosocution 1 s exhibit N o . 1621-A and received in evidonce.) K R . JUSTICE MANSFIELD: The affidavit states that on 10th July, 1945, D r . Jones, husband of the . w i t n e s s , was arrested by the Japanese. Two weeks later the witness was herself arrested on suspicion of helping her husband who was charged with bping a spy. fhe was released next day and re-arrestpd shortly afterwards f The v/itness saw 13,199 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 Nicobarrse and Indians tied to posts with rope, gasping for breath. Thprp was large raw patches on thrj-p knpes and elbows. ^he saw another man blending from tb.p head who appeared to have been terribly boaten. He died shortly after. The witness overheard two Japanese talking, one saying that Indians were not very strong and died fron rnpre beating so that it was better to boat then only on the elbows and knpes which caused pain and thus forced the truth. Prospcution docunent nunbered 5110, the sworn statement of the R e v . John Richardson, is now introduced for identification. CLERK OF THE COURT: Prosecution's document N o . 5110 will recpivp exhibit N o . 1622 for idontifi- • cation only. (Whereupon, thp docunent above re- ferred to was narked prosecution's exhibit N o . 1622 for identification.) m . JUfcTICE MANSFIELD: And the markpd excerpts offerpd in evidence. THE PREw-IDENT: Admitted on the usual terns. CLERK OF THE COURT: And the narked excerpts therefrom, bearing the same document nunber, will receive exhibit N o e 1622-A. 13 ,200 (Whereupon, the docunent above re- ferred to was narked prosecution t s exhibit W o . 1622-A and received in evidence«) K R . JUSTICE MANSFIELD: This docunent states that in July, 1 9 4 5 , sick Nicobarese and Indians were chosen, allegedly to bp sent to hospital, and taken away by tho Japanese, They were never seen again. D r . Jones who was taken away has never returned. Other victims were daily taken a w a y , hand— cuffed, undef armed guard, and n^ver sepn again. One Indian thus removed was later found in the riVer, unconscious. 13,201 エ tender evidentiary document N o . 54-57, being a synopsis relating to Hainan Island. THE PRESIDENT: Admitted on the usual t e r m s . CLERK OF THE COURTs Prosecution 1 s document N o . 5457 will receive exhibit N o . 1623. (Whereupon, the document above re- ferred to was marked prosecution's exhibn: N o . 1623 ？ind received in evidence.) MR。 JUSTICE MANSFIELD: Prosecution docu- ment numbered 5335, the affidavit of D r . W . A i t k e n , is now offered for identification. CLERK OF THE COURT; Prosecution's document N o . 5335 will receive exhibit N o . 1624 for identifi- cation o n l y . (Whereupon, the document above re- ferred to 7;as narked prosecution 1 s exhibit N o . 1624 for identification.) 腿。 J U S T I C E MANSFIELD; And the marked excerpts produced in evidence. THE PRESIDENT; Admitted on the usual terms. CLEEK OF THE COURT: And the marked excerpts therefrom, bearing the same document N o , , will re- ceive exhibit No ̂ 1624A. 2 4 6 8 9 0 13 4 16 8 9 20 21 22 23 24 25 Greenbers & spratt 13 ,202 l 2 3 4 5 6 7| 8 | 9 | 10 ！ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, the document above re- ferred to was marked p r o s e c u t i o n 1 s exhibit N o . 1624A and received in evidence.) M R . JUSTICE MANSFIELD: This affidavit states that in N o v e m b e r , 194-2, 263 officers and m e n P/W arrived in H a i n a n . The accommodation for the draft which consisted of sick, weak and aged m e n , was appalling. Huts were infested with vermin. Sanitary arrangements were primitive and since the camp was situated near a drainage swamp, mosqui- toes were -ubiquitiotis. Food was generally in- adequate and sometimes grossly insufficient. Between November, 1942 and August,19^•ラ） there were 2,430 admissions to hospital. There wore sixty deaths due to disease. Sick men were forced to go on working parties, where the w o r k was h e a v y . Men were frequent- ly beaten. A complaint to the Camp Commandant regard- ing the reduction of food resiIted in the witness and another officer being beaten. Requests to the Japanese M . O . to supply drugs and for improved diet were, ignored. Deaths were sometimes shown on death certificates as due to starvation. The M.O.'s reply- was that if the witness continued to show death as 13,203 2 3 4 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 due to starvation, he would show the prisoners what death from starvation really m e a n t . Prosecution document numbered 5264A, the affidavit of Major I. F . Macrae, is produced for identification. CLERK OF THE COURT: Prosecution's document N o . 5264A will receive exhibit K o . 1625 for identi- fication only. (Whereupon, the document above re- ferred to was marked prosecution's exhibit N o . 1 6 2ヲ for identification.) K R . JUSTICE MANSFIELD; And the marked excerpts therein now offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: The marked excerpts therefrom, bearing the same documentary number, will receive exhibit N o . 1 6 2ヲ A . (Whereupon, the document above re- ferred to was marked prosecution's exhibit Iv T o. 1625A and received in evidence.) M R . JUSTICE MANSFIELD: The document states that in November, 1942, the witness arrived in Hainan with a draft of m e n . He confirms the conditions de- scribed in the preceding document， N o . 5 3 3 5 * The men were engaged on building works for the use of 13,204 the Japanese A r m y , and were beaten and kicked while so doing. Many men went to work barefoot owing to lack of footwear. In Haisho there were many coolies working. They were starved and emaciated in appearance. The witness saw the dead bodies of coolies dragged out of the hospital, when he passed b y , sometimes as •many as ten to twelve. For breaches of discipline, coolies were "brought to the PAV Camp where they were flogged and given the water torture. " In July, 1943, about 120 Chinese were bayoneted to death outside the C a m p , Prosecution document numbered 5250, the affidavit of A . F . Winsor, is now introduced for identification. CLE'RK OF THE COURT: Prosecution's document N o . 5250 will receive exhibit No. 1626 for identifi- cation only. (Whereupon, the document above re- ferred to was marked prosecution 1 s exhibit N o . 1626 for identification.) M R . JUSTICE MANSFIELD; And the marked excerpts thereof "being offered in evidence 1 3 , 2 0 5 THE PRESIDENT: Admitted on the usual terras. CLERK OF THE COURT: And the marked excerpts therefrom, having the same document No., will re- ceive exhibit N o . 1626A. (Whereupon, the document above re- ferred to was marked prosecution 1 s exhibit N o . 1626A and received in evidence.) M E . JUSTICE MANSFIELD: The document states that about 120 Chinese were bayoneted to death in 19^-3, because narcotics had been illegally brought into a coolie cainp and these men chosen an random were executed as a warning for the future. Prosecution doctmient numbered ヲ2ヲ1，the affidavit of Major R . G . Turner, is produced for identification. CLERK OF THE COURT: Prosecution's docuic^t N o . 5251 will receive exhibit No, 1627 for identifi- cation only. (Whereupon, the document above re- ferred to was marked prosecution's exhibit N o . 1627 for identification.) LiH. JUSTICE MANSFIELD: The marked excerpts thereof being introduced in e v i d e n c e . ‘ 、 THE PRESIDENT: Admitted on the usual terms 13 , CLEHK OF THE COURT: And the marked ex- cerpts therefrom, bearing the same document N o , , w i l l receive exhibit N o . 1627A. (Whereupon, the document above re- ferred to was marked prosecution'd exhibit N o . 1 6 2 7 A and received in evidence.) MR. JUSTICE MANSFIELD: This affidavit exhibits twenty-nine official photographs taken by an Allied officer of prisoners of war recovered at Hainan Island in A u g u s t , 1945. These exhibits are now tendered in evidence. THE PRESIDENT： M r . B l e w e t t . M R . BLEVffiTT: If the Court please, sir, I believe these documents that the prosecution is now introducing into evidence were delivered to defense counsel some time during the day. B u t , in order to proceed, I should like to ask permission of the Court to enter objections later on if we find it expedient to do so. THE PRESIDENT: You had better object, I think, M r . Blewett. Are you objecting? If n o t , I must admit them. M R , BLFY'ETT: N o . I am only reserving the right to "because the documents have just been delivered to u s , and we have not seen them before. 13 ,207 THE PRESIDENT: Your attitude is n o t e d . The photographs are admitted on the usual terms. CLERK OF THE COURT: The photographs, sub- mit ced with p r o s e c u t i o n 1 s document 5251 for identi- fication only, w i l l be given exhibit N o . 1627B. (Whereupon, the f"n to graphs above ferred to were marked p r o s e c u t i o n 1 s exhibit N o . 1627B and received in evidence.) 腿. J U S T I C E I鬚 S F I E L D : I desire to draw the attention of the Tribunal not c)r..iy to the photo- graphs of the men in -- the subject of the pictures, but also to the surrounding conditions as shown in the Dhotographs. I would point out that in exhibit A , there is a patient suffering from a deficiency di- sease , a n d the photograph also shows part of the premises in which he was confined. There is no necessity for me to comment on the photographs. They speak for themselves,エ submit. THE PRESIDENT: I think I can safely s e e we .all agree w i t h that. M R , JUSTICE MANSFIELD: I tender prosecution document N o . 54-58, being a synopsis of Formosa evi— d e n c e . THE PRESIDENT: Admitted on the usual terms. CLEEK OF THE COURT: Prosecution's document 13,208 2 3 4 5 6 No. 5458 will receive exhibit Mo. 1628. (Whereupon, the document above re- ferred to was marked prosecution's exhibit N o . 1628 and received in evidence.) m . JUSTICE MANSFIELD: Prosecution document No. 5182， the affidavit of Colonel C . R , Stringer, Royal Army Medical Corps, is offered for identifi- cation, and the excerpts marked therein produced in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 5182 will receive exhibit No. 1629 for identifi- cation only; and the excerpts therefrom, bearing the same number, will receive exhibit N o . I629A. (Whereupon, document N o . 5182 was marked prosecution's exhibit N o . 1629 for Identification, and the excerpts therefrom were marked prosecution 1 s exhibit No. 1629A and received in evidence.) M R . JUSTICE MANSFIELD: This document de- scribes the conditions in and the disgraceful treat- ment of Allied Senior Officers in KAEENKO Camp. Food was grossly inadequate and the officers were sub- jected to every humiliation that could be devised. They were beaten without reason and forced to do 13,209 heavy manual w o r k . One room was allotted by the Japanese to serve as a hospital ward 5 there was no equipment and drugs were mainly those smuggled by the prisoners of w a r . Requests for medicines were largely ignored. There were periods when beatings were worse i than at any other times, suggesting that the "hate" periods were ordered "by the camp officers w h o , themselves, took part in assaulting the prisoners. This particular affidavit deals with the same subject matter as the evidence of Brigadier Blackburn. 13 ,210 Prosecution tenders at this stago an affidavit which does not nppear in the synopsis. It is prosecution's document N o . 5172 5 feeing the affidavit of James Cross, Lieutenant, R o y c l Artillery. TEE PRESIDENT: Admitted on the usual tenrs. CLERK OF THE COURT: Prosecution's docu- ment Eo. 5172 will receive exhibit N o . I63O. C 'h^rjupon, the document above re- forrud to was marked prosecution 1 s exhibit N o . I63O and received in evidence.) !,!R。JUSTIC+£ I.ANSFIELD; Certain of the excerpts I desire to read, th。first one "being on the first p a g e , marked with a figure "2" and headed "General." "Out of about 1,000 officers and men who wore landed from the Japanese steamer 'England Maru' at Kuelung， the northern port of Formosa, on 14th November, 1942, one party consisting of 523 (34- officers, 489 other ranks)ivere numbered off and made to stand for two nnd a half hcrurs in the street. It wes bitterly cold and pouring with rain; we were weこring only tropical clothing. After this we vjore taken by trcin to Seiho station r.nd 13,211 then ordered to march six or suven miles into the mountains. During this me.rch, mr.ny of the weaker f^ll by th^ wayside but no one was allowed to attend to them and they were beaten and kicked by the Japanese guards until they got up and staggerod on their wc.y. Ko transport was provided for kits r.nd most men threw theirs away after one or two miles 1 marching. Luckily, it was collected later by the local passenger bus." I then go to the next paragraph. "We v/ere then addressed by a very pompous Japanese officer through an interpreter. This officer stated that he was the Camp Commander, and we subsequently learnt that his name \is.s Lieutenant TrT AKIYAI£A. He continued for over an hour to reel off the Japcinostj successes in the ••war, saying that we should receive plenty of bread and meat as soon as they had captured Australia, 'which would be very soon now. 1 Following t h e t , he read out the rules of the camp and made a special point th&t if any prisoner laughed at the Japanese or Japanese habits, they TJould be severely punished. After this we left the school r.nd about half an hour' s inarch brought us to the camp. Here we had to pile all our kit in one room nnd were then taken four at 13,212 a time in front of the 'Kempei' (Security Police), completely stripped and searched approximately one mnn in four was knocked down for the amusement of the 'Kempei.' r : e were left with either a shirt or a pair of pants only and giv^n wooden clogs in place pf boots or shoes. After this v;e were taken outside and continued to stand in the r-:'in and cold, dressed only in these clothes ；, for further three hours. Eventually, about 2 a. m . , we were taken to huts, given one loaf of bread, and told that a vigiland guard of two cen must be on duty "between Lights out and R e v e i l l e , I then go to the next paragraph. "It will be se^n from the above story that all men had been on the move fron 6 a . n . on the 14th November until 2 c.. m . on tho 15th November. r 'o had been imprisonod on the ship for three w e e k s , l a n d e d in Formosa straight fron the tropical clinr.te of Singapore into a cold and wet cliciate. All this, coupled with the treatment as described r.tinve, resulted in the deaths of at least ten men." They are named. I now proceed to page 3•> the section numbered " 3 h e a d e d l , r r ork." " T ' r ork was commenced in the Kankaseki 13,213 Copper Mines in Decemlier 1942. From the Camp to the minehead (which was close to the sea) the men had to descend 1,186 steps each morning, and from the minehead to the working levels there were 2,000 more steps. It dc:n be imagined how difficult this climb wo.s after a hard day f s work. "The work at the beginning consisted of filling snail baskets with copper ore by meens of Chungkel (pointed hoe). "The working conditions were atrocious. In sone holes thure was an incessant flow of acid water from the r o o f , in others it was not possible to stand -up； elsewhere thtire would be constant falling of the roof a n d , worst of a l l , in some places the heat was so terrific that it was only Possible to lift the Chungkel about three times before getting a blockout and becoming unconscious. It wss learned later that these holes had been closed for so many yesrs as the native labour, Chinese, etc., refused to work in them, "The prisoners were organized into vjork- ing squads, with civilian foremen known as 'Hcnchoes' in charge. These hanchos had white bars painted on their mining hats, starting with one bar for the juniors end up to four bars for the seniors. The 13,214 one bar hanchos were Formoscns nnd the two bars end upwards were Japanese. Japanese sentries from the Cこrnp did not entt;r tho mine but stayed in a guard room at the nine e n t r a n c e . "Working hours s I o c v g c a m p , 0730 h o u r s； l u n c h b r e a k , one hour; r e t u r n , 1800 h o u r s . " L u n c h , consisting of cold rice and v e g e t a b l e s , was carried individually in w o o d e n boxes I skip one p a r a g r a p h . "For the first six weし]cs the w o r k wos very light and little or no trouble was e x p e r i e n c e d . The n u n made certain contacts v;ith some of the Chinese workers w h o later kept ns fairly well supplied w i t h n e w s . The whole of the labour in this mine was forced labour and ranged from children of suven or eight yor.rs old up to Chinese political prisoners v/ho had been transported from such places as Kong Kong and S h a n g h a i . At cbout the und of J a n u a r y , 1 9 4 3 , three men reported to the P . A . thct the two- bar Kane ho had b e a t e n then up \?ith the long she. ft of c hammer. U p o n inspection they vjere found to be black and blue all o v e r . The P . A . asked the Jap officer in chc.rge of \»ork to come and see these m e n , which he d i d , end thought it \ic.s very a m u s i n g . 13 , 215 F r o m this tine onwards tho savage and brutal con- duct of the mine hanchos would have to be seen to be believed, and instead of using the shafts of their hammers, they used the metal end, i. e . the hammer itself on the heads and bodies of the m e n . "Every evening when the men finished w o r k , they were lined up by the hanehos in the tunnels of the nine and those w h o , in their opinion, had not done enough work v/ere beaten with hammers until they were unconscious c.nd had to be carried back into the camp by the ir comrades. It can be imagined the effect of this on all the men| the mine had becoiAie a veritable 'hell spot' end the men dreaded the coming of each davrn when they would have to go into the mine again. It was learned later that the threat of being sent to the copper miiies was used constantly in the other POW camps on セhe Island as an intimidation. . "Repeated attempts were made by us with the Japs to improve working conditions, but it is certain that this treatment was in full accordance with the policy of the CaWp Coirjiiander (Lieutenant WAKIYAMA) who refused to interfere in any way." I now pass to th。 next page, the first complete paragraph on page 5 of the copy, starting 13 ,216 "as a result," "As a result of this truatmont, by 10th M a y 194-3 less than fifty per cent of the men were fit to walk to the mine. The Camp Commander said this was duu to Red Cross fbod. During the next three months, men were constantly beaten, particu- larly by the hanchos in the nine, without provo- cation. On one occasion ninety per cent of the sick were forced to work because of an inspection by the Contender in Chief." I now pass to the first paragraph at the "bottom of page 5, the section numbered "4," narked 丨 , Medical.丨 ， "On our arrival at Kinkaseki Camp in November 1942 the Japanese medical staff consisted of one Sergeant TASHIRO (a brutal and ruthless beast) and two privates. The day after we arrived, Gunner Griffiths was taken serio-usly ill and the Japs asked if there was a doctor in the camp. Captain Seed thereupon moved to the hospital, exanined this nan and diagnosed diptheria. At t r -f the Jap radical staff ran c.\my and would not co- j near. Captain Seed did what be could vdth the drugs which he had carried from Singapore, but Gunner Griffiths died vdthin 24 hours. 13 ,217 "The Medical Officer was assisted by three orderlies (one R . A . H . C . and two regimental .orderlies, and Captain Badgett, A . D . Corps). Each norning the Jap nedical sergeant would appear snd start the day's v/ork by adversely beating up the doctor and his orderlies. Sick parade was held by the Jap serguant and the cure in nearly all cases was to be knocked to the ground Tjitl'i a big stick; r.s a consequence, men who were really sick did not report so the doctor managed to slip round the huts at the risk of a good beating End attend to the more seriously ill. Diiring December 19ぬ ten men died 5 four in January 194*3,. snd ten in February." I now pass to page 6, the second complete paragraph of page 6 . "Irmiediately before the work parade each morning there was an emergency sick parade held in the canp office and taken by the Jap medical sergeant Again treatment was brutal and the only people who were excused fron work were men with cuts sustained in the mine. Men with temperaturGS of 102 end 103 were always ordered to work. Alr.ost every morning the P . A . or his assistant would appual to the Jap officer when the pen were actually on parade and sometines succeeded in getting these men off work at 13,218 2 3 4 5 .6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 the last minute“ often at the expunse of a beating by the medical sergeant. In the hospital almost ev'^ry day the medical sergeant wnu.ld beat up a few patients; many of then died within a few hours. "Sick m e n 1 s rations were cut in half by the Japs end a great number ordered no food at all, the Japanese system beingJ: 'NO york 一 no food. ! had our own methods of dealing with this matter, and sick nen in most ccrses received as ciucti as they could sat." Missing two paragraphs: "It Is interesting to note that all the articles of first aid had been confiscated from us and locked up by the Japs. This request for first aid equipment in the pine Wc?.s repeated verbally by the P . A . on 1st, 5th and 16th Februar)产1943, and afterwards at regular intervals. It was, however, not until February 1944 thr.t two r.edical orderlies were permitted to accompany the working party. "Very few, if any, drugs were provided by the Japs, and vw hc.d to manage with the few which we had been sble to carry with us from Singapore. Later, officers were allowed to buy drugs for the Camp. On 15th June 1943 Sergeant Dsvies had acute appendicitis； the Japs told the doctor to remove 13 ,219 3 4 5 6 7 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 it but offered no help. After a long argument he was estentually taken to the mining company hospital, and a successful operation was performed by the Jap civilian doctor. "The death rate was novi declining but so was the health of the men, especially those working in the mine, c,nd ttere were innumerable nine accidents Then passing to page 7， the section marked "5, Food": "Upon our arrival in Kinlcaseki Canp the food consisted of about 400 gns per day of rice and a little vegetable Then, tha neyt page, Ko. 8, the second paragraph on that page: "In January 1943 the Commander instituted a most elaborate scheme whereby these men who kept good attendance in the mine (i. e. were not sick) received up to seven extra riceballs per day. Again at the expense of the remainder. This was a most cunning schene on the ir part but a most pernicious one as far as we were concerned, and we had great difficulty in persuading men who were really sick not to go to work in order to get the extra food, "but it m s a great temptation in those days of 1 3 , 2 2 0 2 4 5 6 7 8 9 10 11 12 | 13 14 I 15 1 6 丨 17 | 18 I 19 | 20 | 21 j 2 2 ' 23 24 25 starvation." I turn now to page 1 1 , w h i c h contains extracts fron the diary of the deponent, and I road the excerpts dated the 23rd of January and 28th of January, 1943. "23rd January 1943： Men 似ho had not worked well in the mine were made to run up and down a hill r.nd beaten as thoy ran. During the evening in the pouring r a i n , 1 5 men all sick and mostly from h o s p i t a l , w e r e lined up and ordered to take off their shirts, nade to do P . T . and were beaten. The reason for this was that they had failed to have their identification photographs taken, G r . Elaclc end L/Cpl。Patorson, A . D . C., never recovered from this and died in the camp later. "28th January 1943 s Seven rr^n of the dysentery ward caught by Camp Comnander playing cards. They wore sentenced to bo handcuffed together (two couples and three) for three days. One of the m e n , Gunner Pestell who was seriously ill at the time, died three weeks later." THS PRESIDENT: You have quite a few excerpts to read from this affidavit? M R . J U S T I C E M A H S F I E L D ; Y E S 13,221 THE PRESIDENTS Vo v;ill adjourn now until haIf-past nine tomorrow morning. (V r htreupon, at 1600, an adjourn- ment v/rs taken until T h u r s d a y , 1 9 December 1946, r.t 0930.) 一 • 一 Wednesday,18 December 19^6 INTERNATIONAL MILITARY TRIBUNAL FOR THE TAR EAST Chambers of the Tribunal 口ar Ministry Building Tokyo, Japan PROCEEDINGS IN CHAMBERS On Applications as follows: Paper No. 604 - Application of the Prose- cution for I'^edical Examination and Report concerning the accused OKA T "A, Sbumei. Paper No. 608 - Application of the accused • SFIRATORI, Toshio for the production of documents under Article 9(e) of the Charter. Paper No. 613 - Application of the Frose- cution to amend Order Fos. 2^4, 296 and 么35 of the Tribunsl corcerning the production of certain witnesses for the accused FATA and Ur厂EZU and others similarly situated. Before: FON. SIR T "ILLIAI- T lrT EBB, President of the Tribunal and Fember from the Commonwealth of Australia. Reported, by: Julian pT olf Official Court Reporter IMTFE Appearances： For the Prosecution Section: MR. SOLIS HOR T * T ITZ F R . FRANK S . TAVENNER, Jr. MAJOR C-ENERAL VASILIEV For tbe Defense Secttlon： JIR. 0^ ,T EN CUNNINGHAI.% Counsel for tthe Accused OSHII^A, Firoshi MR. 1'ICHAEL LEVIN, Counsel for the Accused SUZUKI, Teiichi MR. BEN BRUCE BLAKENEY, Counsel for tthe Accused UTEZI, Yosトijiro I'H. GEORGE C.，ILLIAFS, Counsel for the Accused FOSFINO, Kaoki M R . CHARLES B . CAUDLE, Counsel for the Accused S F I P . A M I , Toshio m . ALFRED BROOKS, Counsel for the Accused KOISO, Kuniaki, and 0Yj:"k. Sbumie 瓶 . G . F . BLF'^EfT, Counsel for the Accused TOJO J Fideki For the Office of the General Secretary, IKTFJ；: , 瓶 . C K A K L E S ；i.1IANTZ. Clerk of the Court The proceeding was begun at 0900。 TFP FHESIDEFT: Paper 608 is a reouest for the production of documents by the accused SFIRATORI, the document being tbe "Berlin-Rorae- Tokyo," November 1940 edition. It is a magazine published by the German Foreign Office。 SHIRATORI contri'b'ated. to it. Mr. Caudle eppesrs for the applicant? MR. CATOLE: Yes, your Fonor. T^E PRESIDENT: And you, I!r. Tavenner, for the prosecution? im. TAVENNER: I T r. Forwitz and I. 1!R. CAUDLE: 口e made every effort to obtain that and have not been able so to do. TFE PRESIDENT: ^ell, it is ordered as prayed. Paper 604 is an application by the prose- cution for tbe medical examination of the accused 0KA'"A. Do you appear, ITr. Tavenner? m . TAVENNER: Yes , sir. THF FRFSIDENT: Mr. Brooks for the accused. Is there any opposition? m . BROOKS: Fo. This doctor, UCHIKUHA, is the one he is under the cere of now out there, and he will be sptisfactory to the defense for the psychiatrist to represcrt them at the exeminstion. THE PRFSIDENT： Tbe application asks that he be examined by two psychiatrists, one selected b Tr the prosecution and one by the accused. m . BROOKS: Yes. I talked to Fr. OFARA s.nd. he said the doctor in charge of the hospital, UCHIKUEA, he will he sat.isfsctory. MR. TAVENNER: Since the prepsretion of the application I have found th?t it may be advis- able to transfer the accused to an American govern- ment hospital during the tire he is being examined by an /.merican psychiatrist, and for thet reason it may be well to heve the order include authority to the Marshal to transfer him there. THE PRESIDEFT: ，ill it be the Kershal or the Supreme Commander? I1H. TAVENNER: The Supreme Cororrander. THE PRESIDENT: I will include in the order a direction that in thrt. event, that is, in tbe event of the prosecution's psycbir.trist desiring to eysmine Mir； in an American hospital that the transfer be effected on such terras as the Supreme Comnander directs. MB. BROOKS: It may be added thst any course of treatment thet be is undergoing also be continued with the Japanese doctor while he is there. I don't imapine he will be there very long. T?TE FRESTDENTi Suppose 卜e is proved fit to stand his trial,snd then a nice question arises as to whether it is too late to try him before tbe present Court on tbe present charges. That can be decided by my colleagues, but I won't let this pass without making this observation. ra. BROOKS: I have an affidavit to file in his case, and T will file it v;hen this other exemine tion is filed. It goes to his medical history, if the Court please. I will save that and file it after we hear from our doctors. THE PRESIDENT: Paper 613 is an applica- \ tion by the prosecution for amendment of the Tribunal's orders numbered 2 ヲ 2 9 6 and 435, con- cerning the production of witnesses, namely: FATA, Hikosaburo, I IDA, Shojiro, MATSUTTTRA, Tomo- katsu, FASHIKOTO ? Toranosuke, YAHADA, Otozo, HASHIOKA, Yasunao, rURUIII, Tadaijuki, TAKEBE, Rokuzo. These orders of thf: Tribunal were made as regards the first three in July last, snd as 6 regards the others in September. (hereupon, I!R. BLE* ,T ETT entered the conference room.) THE PRESIDENT (Continuing): The prose- cution pointed out in the application that the orders were m?de prior to the general decision of the Tribunal concerning the production of witness- es and. the system of preliminary examination to determine the value of their testimony or proposed testimony. I certainly did make thct general order on behslf of the Tribunal and if these matters had come before ne after the change I would bsve directed v/hst the prosecutior nov; desires. All t^ese witnesses, I understand, arc still in the same custody as they vjere when the orders v/ere- made. The application states tbat winter condi- tions and remote distance make communication with the Soviet Union difficult and that it irvolves transportation difficulties, indefinite period of time and considerable expense, to bring any of tbese witnesses. '"bst has the defense to say? ’at has the defense counsel representing the accused to say? Ma jor? MR. BLAKENEY:們ell, sir, I should like to point out that notwithstanding the dr.tos on which these subpoenas now sought to be recorded were issued run from the first of July to the 16th of September, at which time, of course, winter con- ditions did not prevail in the Northern Hemisphere. There has been no retrrn of any nature on these subpoenas. " f c have been given no indication of whether the subpoenas would be served, have been served or could not be served. I tl^ink this alone speaks volumes for the possibility of obtaining any relief through interrogatories for the wit- nesses . I should like to point out also that wit- nesses similarly situatioted in other custody, who were subpoenaed as of approximately the same dates, or even in some instances lster dates, have been sought for and have been reported on and are now in process of repatriation from British, Dutch and other custody. As f?r as concerns the argument given in this motion tbat the witness FURUMI, for example, has been requested by other accused, T might point out that Mr. ロilliams represents one of the accused who have applied also for the witness FURUMI, and he can state his own vievTpoint con- cerning that. As a me ttor of foct, I am unable to see why the fact that other accused would like to inter- view the witnesses is the reason for calling these subpoenas for witnesses which we in good faith roauire. It is quite true, of course, that your Honor has changed the system of production of witnesses, "but I don't believe that that should militate inst the successful defense of an accused who was prompt enough to secure、orders under the applicable procedures at that time. VT e had no inkling of and no idea, t卜r-t the system would be changed snd in good faith we secured the sub- poenas , a n d I can't see e.ny reason y;hy that shouldn' t be executed. There is no reason given in this document rather than inconvenience end expense, both of which the Tribunal has repeatedly said should not bo considerations in a trial of this nature. Mr.爪illiams might explain his position in connection with FURUMI. m . ^ILLIAI T S: If it please the Tribunal, the order for FURUIJI provides for interrogatories that every facility be given towards submitting those. Naturally I should like very much to have FUBUMI pppear in person to be interrogated and used as a witness. On tbe se.me grounds as Major Blakeney, our defensive grounds may be different, but his position in the government of ！’fancburia was of such importance tbrt I think it quite plain that as fer as I am concerned ccrtrinly th?t he ought to be here, and I, of coursc, would like to see M m appear. MR. EL/JENEY; I should like to make one further remark if I may: thst of the eight witness- es listed in this application, one, of course, has already been here and testified. Thst is the witness MATSUMURA, and I don't think any of us is very much concerned stout him any further. I l^ave his affidavit now. Of the remaining seven at least four were clearly connectcd by prosecution evidence with the case, end their importance could be made quite obvious by quotftion from the record, and I think I can submit th?t it is slso quite obvious from the record that those four or five witnesses might be of vital importrnce to tbe defense general- ly, not only to the one that has subpoenaed them. 10 THE PRESIDENT: I don't know why the orders I have already mrde were not given effect. It may be the fault of SCAP, it may be the fault of the Russians, or it may be the fsult of somebody else. On the other 卜？nd, it may not be the fault of enybody. I am not in a position to know. I must assume that all of the people to whom my order is directed will crrry it out, but the fact remeins thpt these men who have been subpoenaed are not on their way. They are just where they were when the subpoena wes issued. In the meantime, I heve changed the method of epprosch to those people about their evidence. I have substituted in the plrce of si subpoena £.n intcrrogrtion in the first instsnce, and I suppose there is no reason why I should not novi deal with this me.tter as though it came before me for the first time. It would be a very technical stand on ray pert to say, I have issued s. subpoena and therefore I will see it through. 丁 will take that strnd if the- witnesses were in the course of being removed under sub- poena, but tire position is exactly the same in their cc.sc as it is in the esse of any other v/it- ness or propoped witness in rcspect of whom I 11 have given an ordef for interrogation in the first plsce. So I will countermand the subpoena and -一 I will postpone the service of the subpoena or the execution of tbe subpoena and substitute and direct thet in the meantime, pending the service of the subpoena which is to be the subject of fur- ther direction, the proposed witnesses be inter- rogated and thrt every facility be given for their interrogation :"by the defense. Thrt is to say,エ put your witnesses, or proposed witnesses, Major Blakency, in the se.me position as other witnesses wbom the defense are seeking to have brought here* Is there anything further? IT.. CUNNINGFAM: Yes, sir, the matter of General Ott. I took it up with you Monday. TT'E PRESIDENT： I couldn't trust my memory, so I looked up tbe record to see whether General Ott ever made any s.ff idsvit, but ho has • made no affidavit of any kind. His np.me has ap- peared frequently in documents| be bed quite a d e a l , s e n t and received several documents. Had he mer'.e an affidavit it might be different. It would be en odd thing to call for M s cross- examination on documents only. The defense are, of course, open to call him as e witness and. I 12 will deal with any application th-: t may be made to me for a subpoena for biip.. m . CUNNINGHAJ^i We made application for a subpoena for him, Mr. Caudle and I, and you can appreciate the siturtion for us to teke several weeks to go to Peking to interrogate M m when it would be e. simple mfttcr for us to bring him here as a witness, m d we renew our request that -- our application for s. subpoena for General Ott as a witness for the defense. TFE PRESIDENT: I think his evidence is of sufficient importance to direct th?t he be brought here, so I will direct the subpoena to issue. H CUNNINGHAM: Ths.t is fine. Thank you. THE PRESIDENT: I thought you wanted him brought by the prosecution, for cross-examination. I"R. CFNFINGHM: I would rather have bim for cross-examine.tion, e.nd I take the view thst even though the iv'itnpss only testifies from docu- ments which he has issued, the.t it ought to be suf- ficient grounds to cross-examine him on those documents, their authenticity, their source, the information thet he based thorn on, and ell that. But I see the Court trkes a different viewpoint. But there were no live witnesses in the Gcrman- Japsncse phase of tbe case. They nsde out their whole case by documents ar.d affidavits. Don't you see? THE PRESIDENT: Fave you made any attempt to interrogate him? It may be that you vrill bring him here only to find thrt he sent and received thet document. So far the v/hole of M s testimony- is confined to documents which are sent or received. The v^ole of the evidence concerning- him is con- fined to documc-nts which be cither sent or received, and it mry be by bringing him hero that he may say, "I sent th?t document, or received that document,“ and nothing would be gained。 For whst particular reason do you want him, Mr. Cunningham? IIR. CUMNINGHAI!: I heve Ambassador Stammer here end have intcrrogrted M m and questioned him on t)-e authenticity of these documents. I have informrtion thrt Ambassador St??腿er we.s sent hore specifically because General Ott v/p.s sending infor- mal； ion thst was not authentic, and be was replaced for thrt reason, and his evidence has been given weight, apparently, in this c?se. TEE PRESIDENT: Did Stc.nmer testify that Ott sont misleading information to Germany? 14 m , CUNNINGHAM: First I v/ant to find out the source of General Ott's informc.tion before I attack it. Don't you see? TFE PRESIDENTj You see, you get tbet by interrogation really. m . CUFNINGFAlif I can't interrogate him in China. It tekes three weeks or s. month to do so. THE PRESIDENT: I wouldn't expect him to sdmit on being interrogrted that he sent Frong information. I think you h?ve a reason to think tb?.t be did, from tbe testimony of St limner, or sonebody that you interrogated rlready -- th?t you he.ve a good reason thf t he be brought here. I wou]dn't expect you to intcrrogr.te him with a view to finding out v/hether be sent misleading informa- tion to Germany. MTU CAUDLE: If it pler.se your Honor, we have information that he ve.s sort of on outs with his government and tbft be was sending this infor- metion in an effort to prove thet he we.s a Prussian ?nd not a Nazi, and I understand tbrt he came very nearly being assr.ssinc.ted back v;hen they had their own purge in 1934 end 1935. TFE PRESIDENT: F&ve you irformrtion that he w&s misrepresenting the Jepe.nesc attitude to the C-erm.ans？ ITf, CAUDLE: At lecst our clients. THE PRESIDENT: Did you get thst informa- tion fron Stsmner? MR. CU腿INGFAM: I got mine out of the T'oreign Office. THE PRESIDENT: From whom? J®. CAUDLE: The Japr.nese Foreign Office. THE PRESIDENT:で 1 hich man? im. CAUDLE: Mr. OTA. TFE PRESIDENT: you give evidence? MR. CAUDLE: He srys th?t it vでs the rumor foing round. I won't make a general statement. THE PRESIDENT: ^.at does St&mmer say? MR. CUNNINGHAM: Strmmer srj's ho was sent here by Hibbcntrop because the stories between Ott pnd the anbr.ssr.dor to Germany were so inconsistent that he Yjantcd to get c true story from Tokyo， r.nd Ribbentrop told me the same thing. TPS PRESIDENT: Th?t would suggest thrt Ott v/rs mis loading the German government. FR. CUFNINC-HAM: Ott was misleading his 16 own government. TFE PRESIDENT: I will give you the order for the subpoena. ( h e r e u p o n , 0915，the proceed- ing vp^s concluded.) NOTE J The attached pages are corrected pages and should be substituted for the corresponding pages in the Proceedings in Chambers, dated Wed l£ Dec 46. THE PRESIDENT: Have you information that he was misrepresenting the Japanese attitude to the Germans? MR. CAUDLE: At least our clients. THE PRESIDENT: Did you get that informa- tion from Stammer? MR. CUNNINGHAM: I got mine out of the Foreign Office. _ THE PRESIDENT: From whom? MR. CAUDLE: The Japanese Foreign Office. THE PRESIDENT: Which man? MR. CAUDLE: Mr. OTA. THE PRESIDENT: Will you give that evidence? MR. CAUDLE: He says that it was the rumor going reimd. I won't make a general statement. THE PRESIDENT: What does Stammer say? MR. CUNNINGHAM: Stammer says he was sent here by Ribbentrop because the stories between Ott and the ambassador to Germany were so inconsistent that he wanted to get a true story from Tokyo, and Ribbentrop told me the same thing. THE PRESIDENT: That would suggest that Ott was misleading the German government. MR. CUNNINGHAM: Ott was misleading his
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December 18, 1946 (p.13,096-13,221) Proceedings in Chambers
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