AtoM
David Conde fonds
International Military Tribunal for the Far East
Trial transcripts
Conde, David W.
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3 0 DECEMBER 1946 I N D E X Of WITNESSES P r o s e c u t i o n 1 s W i t n e s s e s Page van N o o t e n , John C h a r l e s , L i e u t e n a n t , A u s t r a l i a n I m p e r i a l Forces 1394-3 D i r e c t by Lieutenant C o l o n e l M o r n a n e 1394-3 I N D E X Of EXHIBITS D o c . N o . 5 5 1 7 5514 5 5 6 3 5 5 6 3 5544 P r o s . N o . D e f . N o . 5517 1807 1807-A 1808 1809. 1809-A 1810 D e s c r i p t i o n Sworn Statement of Lieutenant C o m m a n d e r C a r r , R . A . N . For I n I d e n t , Evidence 13916 E x c e r p t therefrom Sworn Statement R . J . Hensel,R。N.I.A. Sworn Statement of M a j o r W . C . v a n den B e r g , R . N . I . A . E x c e r p t therefrom Sworn S t a t e m e n t of H . D a l l i n g a , Mayor of M e n a d o 13918 13916 13917 13918 13920 I N D E X D o c . P r o s . D e f . N o . _ N o . N o . 5547 1811 5 5 4 - 7 1 8 1 1 - A 5 5 5 5 1 8 1 2 5522 1813 5 5 2 3 5529 5 5 3 0 5440 5 4 1 9 5 3 3 3 1814 1 8 1 5 1816 1817 5419 1818 1818- A 1819 5333A I819-A 5333B 1819-B 5 4 1 8 1 8 2 0 Of EXHIBITS (cont'd) Description Interrogation R e p o r t of C o n t r o l l e r (civil servant) H . J . Koerts Excerpt therefrom A f f i d a v i t of M r s . A n n Lillian R o l f f A f f i d a v i t of Christian H i n d r i k W e n s v e e n S w o r n Statement of D ^ o n S a m p o k S w o r n Statement of H o e s i n Bin A b d u l l a h S w o r n S t a t e m e n t of Johan Ma iruhu S y n o p s i s of Evidence - A m b o n Island Group A f f i d a v i t of M a j o r George De V e r d u n W e s t l e y Excerpt therefrom For I d e n t . 13921 In Evidence 13928 R e c o r d of Evidence of Lieutenant Commander K e n - i c h i NAKAGAWA 13930 E x c e r p t therefrom R e c o r d of Statement of Commander HATAKEYAlvIA, Kunito A f f i d a v i t of George De V e r d o n W e s t l e y 139斗1 13921 13922 13923 13926 13926 13927 13928 13928 13930 13940 5418 1820-A Excerpt therefrom 1394-1 13j877 i 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 M o n d a y , 3〇 D e c e m b e r， 1946 I N T E R N A T I O N A L M I L I T A R Y T R I B U N A L FOR T H E F A R EAST C o u r t H o u s e of the T r i b u n a l W a r M i n i s t r y B u i l d i n g T o k y o , J a p a n T h e T r i b u n a l m e t , p u r s u a n t to a d j o u r n m e n t , at 0 9 3 0 . A p p e a r a n c e s : F o r the T r i b u n a l , s a m e as b e f o r e w i t h the e x c e p t i o n of: H ® N 0 R A B L S J U S T I C E D . J A R A N I L L A , M e m b e r from the R e p u b l i c of the P h i l i p p i n e s and H O N O R A B L E J U S T I C E J U - A O M E I , Mercber from the R e p u b l i c of C h i n a , not s i t t i n g . For the P r o s e c u t i o n S e c t i o n , same as before, F o r the D e f e n s e S e c t i o n , same as b e f o r e . T h e A c c u s e d : A l l p r e s e n t except O K A W A , S h u m e i , w h o is r e p r e s e n t e d b y his c o u n s e l . (English to J a p a n e s e and J a p a n e s e t o E n g l i s h i n t e r p r e t a t i o n w a s m a d e b y the L a n g u a g e S e c t i o n , I M T F E . ) 2 3 4 5 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 13，878 M A R S H A L OF THE COURT: The I n t e r n a t i o n a l M i l i t a r y T r i b u n a l for the Far East is now in s e s s i o n . THE PRESIDENT: M r . L e v i n . M R . LEVIN: M r . President and M e m b e r s of the Tribunal: This trial has now progressed so that it is apparent the prosecution will close its case in the not to© d i s t a n t f u t u r e . On October 2 , 1 9 4 6 , w h e n there was a dis- cussion before the entire T r i b u n a l as to the procedure w i t h reference to the productIon of w i t n e s s e s , it w i l l be recalled D r . KIYOSE suggested that at the conclusion of the prosecution's case the defense should be given an opportunity for the p r e p a r a t i o n of its c a s e , and for that purpose suggested a r e c e s s . エ shall present this matter generally and m y associates w h o follow w i l l b r i e f l y d e a l w i t h the matter specifically^ This matter is presented, on behalf of all the Japanese and A m e r i c a n c o u n s e l . It is our request that u p o n the conclusion of the prosecution's case the C o u r t order a recess for such reasonable length of time as it may deem proper to enable the defense to prepare its case and to present it e x p e d i t i o u s l y and In an orderly m a n n e r . S o there may be no misunderstanding of the m a t t e r , we ask for a reoess and not for a 13,879 . v a c a t i o n . There are ma.ly cogent reasons why a recess should be g r a n t e d . W h i l e the Indictment was lodged on A p r i l 2 9 , 1 9 4 - 6 , nevertheless it w a s not p o s s i b l e , in the v e r y nature of t h i n g s , to anticipate the m a n y facets of the prosecution's c a s e . In the preparation of this case the prosecution not only had a very fine and well-equipped staff of l a w y e r s , investigators and other n e c e s s a r y a s s i s t a n t s , b u t it had the organ- izations of the staff of eleven allied nations to assist t h e m . E v e n before they arrived in D e c e m b e r , departments of the various governments of the Allied N a t i o n s were already making their preparations for the trial of alleged war c r i m i n a l s . W h i l e learned and distinguished Japanese counsel were familiar with, the h i s t o r y and background of m a n y of the events set forth in the I n d i c t m e n t , yet it was impossible for them to anticipate the nature and character of the evidence w h i c h would be adduced and to make the nec- e s s a r y and proper p r e p a r a t i o n . A f t e r the arrival of American counsel most of their time w a s taken up with the performance of those n e c e s s a r y functions required b y all those arriving in occupied territory and immediate prepar- ation of p r e l i m i n a r y m o t i o n s . One of the ten days of the continuance w h i c h the Court granted was used for the purpose of nearing the opening statement of the learned Chief Prosecutor of the United S t a t e s , and A m e r i c a n counsel could only superficially get acquainted with their clients and w i t h the matters involving t h e m . Since that time the Court has been in continuous session d a i l y , w i t h the exception of those u n b e a r a b l e days in July w h e n there w a s no air- conditioning system in the c o u r t r o o m . A short statement of the mechanics of the work of defense counsel might not be i n a p p r o p r i a t e . In a d d i t i o n to their attendance at court they m u s t , of n e c e s s i t y , almost d a i l y examine the various docu- ments that are tendered b y the p r o s e c u t i o n . B e c a u s e of the fact that we are individually autonomous it is essential that each c o u n s e l , at least superficial- l y , examine the d®cuments that have b e e n t e n d e r e d . Some of this m a y be done during the daytime or some at n i g h t . B u t in any event these matters have consumed a great d e a l of our t i m e . The p r o s e c u t i o n had 110 such problem because particular phases of particular docu- ments could be assigned to various g r o u p s . Most of the time of the defense counsel is used in "being c u r r e n t . In a d d i t i o n t h e r e t o , there is the consider- ation of general problems and for a w h i l e our group 13,881 met almost d a i l y for the purpose of developing an e f f i c i e n t organization and、performing their f u n c t i o n s , not m e r e l y from a defense position but also in an endeavor to aid the C o u r t . During this time it has b e e n almost impossible to make that necessary prenar- ati®n for t r i a l every conscientious lawyer desires to m a k e . It is one of the few times since m y admission to the B a r , almost thirty-nine years a g o , although I am only a lawyer w i t h a modest p r a c t i c e , that I am b e f o r e the C o u r t practically w i t h o u t a complete and adequate brief of the facts and of the l a w . W e be- lieve we are not asking too m u c h then in requesting the Court to recess for thirty d a y s . Y o u , M r . P r e s i d e n t , have invariably granted our requests for subpoena and interrogation of wit- nesses and the production af d o c u m e n t s . A t b e s t , because of language and transportation difficulties this is t i m e - c o n s u m i n g , but to date we have practically had no opp»rtunity to pursue the matter f u r t h e r . On M o n d a y , D e c e m b e r 2 3， 1 9 4 6 , the Court indicated that upon the conclusion of the prosecution's case it w i l l hear various motions of the defense for d i s m i s s a l o f the I n d i c t m e n t . These arguments should last at least a day and エ know the C o u r t , in the con- scientious performance of its d u t y , w h i c h is so 13,882 e v i d e n t , w i l l have to take some time to consider and determine these m o t i o n a . During the recess period no time will be wasted b y the C o u r t because it will then hsve an opportunity to consider these m o t i o n s , and while エ would n o t presume to suggest anything to the C o u r t , it u n d o u b t e d l y w i l l want to review the record to d a t e . In this connection I might say that during the t r i a l at Nuernberg there was a r e c e s s , I b e l i e v e , of twenty d a y s . The Nuern- berg t r i a l , as I estimate it, consumed 160 trial days and my be st calculation is that the record approximated about 4 , 5 0 0 , 0 0 0 w o r d s . The number of days during v/hich this Court has sat to date is 140 d a y s . Up to and including F r i d a y , December 2 7 , 1 9 4 - 6 , the record in this c a s e , exclusive of the proceedings in Chambers s approximated 4,000,000 w o r d s . It w i l l thus be seen that already the time consumed in the t r i a l of this c a s e , with the amount of evidence i n t r o d u c e d , is almost equivalent to that of the Nuernberg t r i a l , and on the basis cf the additional time which it is estimated the presentation of the prosecution's case will t a k e , it w i l l exceed the time w h i c h was taken for the presentation of the Nuernberg c a s e . W h i l e the Tribunal needs no a c c o l a d e , either 13,883. from me or from the d e f e n s e , n e v e r t h e l e s s , it has sat p a t i e n t l y during the . )t days of the summer and through the w i n t e r , including the h o l i d a y s e a s o n . W h i l e エ appreciate that 5... the u s u a l c r i m i n a l trial there is never any edJournment during the course of the t r i a l to give the defense an opportunity to pre- sent its c a s e , n e v e r t h e l e s s , it seems to me these situations are not c o m p a r a b l e . In the first p l a c e , in cases of that type the issues arc u s u a l l y m u c h n a r r o w e r , the time consumed is m u c h s h o r t e r , and it would be impossible to keep a ；jury intact during a l^iig r e c e s s . We h a v e , of c o u r s e , no such situation h e r e . It is 'believed, as w i l l be indicated by ray- a s s o c i a t e s , that it is in the interests of a fair and expeditious t r i a l to grant this r e c e s s . Certain- ly giving the defendants time to prepare their defense properly is in the interests of a fair t r i a l . "Expeditious," as referred to in the C h a r t e r , can only have reference to proceeding w i t h that degree of promptness that lends itself to a fair t r i a l , and without u n d u e , p r o t r a c t e d , and improper d e l a y . It must certainly be said that the trial has b e e n ex- peditious in that at no time d u r i n g the course of the trial has there been any undue w a s t e of t i m e . The Court sat on S a t u r d a y , J u l y 6 . D u r i n g this h o l i d a y 13,884. s e a s o n , for the purpose of carrying out the direction of the C h a r t e r , the Court has b e e n in session contin- u o u j l y and we have had only such time off as the recognized n a t i o n a l h o l i d a y s . It is believed that not only would there be no loss of time b y the grant- ing of this r e q u e s t , but a c t u a l l y it would save t i m e . It would give us that opportunity to m a r s h a l our facts and organize our m a t e r i a l so that time would actually be saved。 W e of the defense have "been anxious to pre- sent every psssilile and proper d e f e n s e . W e feel that from the attitude the Court has exhibited In consider- ing the issues w h i c h wo heve presented from time to t i m e , it invites a r e a l and genuine lawyer-like d e f e n s e . M a n y of us who came here anticipated being h o m e long before this.. H o w e v e r , now that the exigencies of the trial indicate it w i l l take more t i m e , we feel our personal desires and w i s h e s must be subordinated to that ideal w h i c h w c , as l a w y e r s , cherish5 that is, loyalty to our clicnts in the proper p r e s e n t a t i o n of the c a s e , and duty to the C o u r t . In this trial of h i s t o r y a d a y , a w e e k , a m o n t h is of no moment5 the only important thing is that the issues shall have b e e n completely and adequately presented for the con- sideration of the T r i b u n a l , s n d that the d e c i s i o n of the Tribunal m a y rest on such n r e s e n t a t i o n . In con- c l u s i 3 n , M r . P r e s i d e n t and M e m b e r s of the T r i b u n a l , a l l we ask is w h a t King H e n r y of Francc said to the emissaries of H e n r y V of E n g l a n d , "You shall soon be despatched with fair c o n d i t i o n . A night is but small b r e a t h and little pause tc answer matters of this consequence. THi H ^ i m : r . L o g a n . ム L ^ G A ：： : If thr Tribunal r l r a s r , In of the fact that the p r o s e c u t i o n w i l l rest v i t h i n several w e e k s , the defense deem it imperative at this time to ask for a recess in which to raake n e c e s s a r y preparations for the presentation of its defense in a logical and systematic m a n n e r . The reasons necessitating such a r e q u o s t are as follows: U n t i l r e c e n t l y it was impossible for the defense to know d e f i n i t e l y w h i c h documents the prosecution T .vould introduce in e v i d e n c e , a n d , since t h e n , the defense has stepped up its processing of d o c u m e n t s . B u t , at the present time, it does not have sufficient personnel and the m e c h a n i c a l facilities to translate and process documents v/hich would insure a continuous supply of documents once the defense starts its c a s e . A t the present time the defense has 50 Japanese t r a n s l a t o r s , w h e r e a s , the prosecution had 1 5 0 , and,- what is more i m p o r t a n t , at the present time the defense o n l y has 4 A m e r i c a n c i v i l i a n c h e c k e r s , w h e r e a s , the prosecution had 15 civilians and 10 o f f i c e r s . To c o m p l e t e l y process a d o c u m e n t thp average amount that can be accomplished is a p p r o x i m a t e l y one page per m a n per d a y . The u n u s u a l features of this T r i a l , w i t h its m a n y 135B87 l 2 3 4 5 6 7 8 9 10 11 12 13 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 d p f p n d a n t s , language difficulties and the large number of exhibits does', not permit of procedure g e n e r a l l y followed in n a t i o n a l c o u r t s . H o w e v e r , even t h e n , recesses are often granted to permit a defendant to assemble his evidence and prepare his c a s e . The fact that there is less than one A m e r i c a n a t t o r n e y for each a c c u s e d , a n d , since he had to spend m u c h of his time in the courtroom d a i l y attending to the voluminous evidpnee being p r e s e n t e d , it has been impossible except on week-ends or in the evenings to prepare for his d e f e n s e v This has had to be done in addition to pre-examination of the documents about to be introduced by the p r o s e c u t i o n . . The only time that has been available to the defense c o u n s e l to interview the accused has been during short recesses each day and on week-ends» Much of the time spent w i t h the accused to date has been devoted to the testimony w h i c h w a s being offered by the p r o s e c u t i o n . If a recess is granted an o p p o r t u n i t y w i l l be afforded to have unintprrupted interviews w i t h the a c c u s e d , go over proposed evidence and prepare the n e c e s s a r y affidavits and statements < Unlike the p r o s e c u t i o n , it is impossible for the defense tc divide the case into certain phases and assign thera to various lawyers because there are n o t sufficient l a w y e r s . In a d d i t i o n , the v e r y nature of the Indictment demands that each individual lawyer for the accused must have a f u l l knowledge of the entire c a s e . Thus the working time of the defense lawyer is consumed on m a t t e r s w h i c h are not e n t i r e l y r e l e v a n t , but a b s o l u t e l y n e c e s s a r y for a proper understanding of his i n d i v i d u a l d e f e n a n ; This has taken considerable time and has retarded individ- ua] defense p r e p a r a t i o n s . In addition to preparation of defenses for each individual a c c u s e d , the burden is also on each of the defense attorneys to assist in the preparation of the g e n e r a l defenses applicable to a l l the a c c u s e d . W r i t t e n application has been made to the T r i b u n a l to produce certain w i t n e s s e s and documents» M a n y of tho defense counsel received permission to interview such witnesses in d i s t a n t parts of the w o r l d , but have not yet had the o p p o r t u n i t y or time or facilities furnished them to a c c o m p l i s h t h i s , except in a few i n s t a n c e s . There is only one stenographer for pvery two A m e r i c a n defense attornyes w h i c h is a serious h a n d i c a p . No such situation faced the prosecution 13,889 . w i t h its large staff of la-wvers, a s s i s t a n t s and s t e n n p r a p h c r s . The present climatic ponditions have militated a g a i n s t progressive a c h i e v e m e n t in working out a d e f e n s e . The coal shortage has prevented the defense lawyers from working In their offices at n i g h t when thpy are w i t h o u t heat and n i g h t w o r k has to be done at h o m e . E v e n during the day the heat is on for o n l y four hours and it is too cold for the ster?ceraphors to t y p e . The o p p o r t u n i t y of intorvinwing witnesses and taking affidavits has been seriously affected b y the transportation s h o r t a g e , a n d , in a d d i t i o n , it has been extremely difficult up to the present to find the n e c e s s a r y time in w h i c h to a c c o m p l i s h t h i s . More tine is needed to prepare i n t e r r o g a t o r i e s , review the r e c o r d , prepare opening statement^,present briefs and digest the legal points i n v o l v e d . It is the considered opinion of all the defense attorneys that a fair trial w i l l be impossible unless a recess of at least one monthfe duration is g r a n t e d . THE PRE i-1 DENT: ？ t r . B l e w e t t . M R . B L E W E T T : M r . Presidpnt and Members of the T r i b u n a l , as A m e r i c a n c o u n s e l for TOJO I Join 13,890. w i t h m y fellow defense counsel in requesting a recess of at least 4 weeks' duration at the close of the case for the p r o s e c u t i o n . That ppriod is not rauch. This request is made after deliberate and serious considerations and is nade in good faith as lawyers 鄹ho have bpen selected by our government to insure a fair and impartial trial to the a c c u s e d . We feel certain that the Members of the T r i b u n a l and y o u , M r . P r e s i d e n t , all of whom have been most appreciative during this prolonged trial to the d e f e n s e , w i l l understand and extend sympathetic comprehension to this a p p e a l . It is our d e t e r m i n a t i o n and our duty as officers of thp Court to present a c o n c i s e , true nnd complete defense insofar as vie have the a b i l i t y , l e g a l training and experience of so d o i n g . To achieve this purpose and to perform that f u n c t i o n , the great r e s p o n s i b i l i t y that has been delegated to us by our Secretary of War and by a l l n a t i o n s that are sincerely desirous of p e a c e , we require time for adequate and orderly p r e p a r a t i o n . \'Je feel our b u r d e n raost conscientiously i n d e e d . The prosecution has covered most ably a m o s t enlarged f i e l d . It has not yet c o n c l u d e d . A t r i a l brief no matter how extended would be incomplete 13,891. at this J u n c t u r e . W e must see the entire picture before we can hope to combat and r e b u t , w h e r e p o s s i b l e , the v a s t ramifications of the c a s e . We m u s t have a little time at the v e r y close to view the entire picture and to study it closely and t h e n Icy out our dcf. nsc o r d e r l y , l e g a l l y ond in l o g i c c l s e q u e n c e . That is not too n u c h to ask in a trial that concerns the whole world and a l l the free people e v e r y w h e r e . It is a request b y experienced lawyers of experienced and v e r y conscicntious and learned Jurors and that request is made only in the interests of a fair and impartial trial and for no other consideration w h a t s o e v e r . The accused are guaranteed their d a y in c o u r t . Wfi as c o u n s e l dpsire most sincerely that they be accorded a full, complete rnd r.dcq^ntc d e f e n s e . Realizing our task in the preparation and presentation of a case of such importance and m a g n i t u d e , w e , at this stage of the p r o c e e d i n g s , require a more extended period than thirty d a y s , but w i t h that period of time and no l e s s , we shall do our v e r y b e s t . 13,892 . THE P R E S I D E N T : D o e s a n y other d e f e n s e c o u n s e l d e s i r e to address the T r i b u n a l ? MR. B L E W E T T : T h a t appears to be a l l , s i r . THE P R E S I D E N T : M r . H i g g i n s . M R . H I G G I N S : M r . P r e s i d e n t , M e m b e r s of the T r i b u n a l . The p r o s e c u t i o n h o p e s to conclude its case sometime d u r i n g the w e e k b e g i n n i n g J a n u a r y 1 3 . On this p a r t i c u l a r m o t i o n wc f e c i that wc should n e i t h e r support nor oppose the granting of any r e e s o n a b l c time w h i c h the C o u r t m a y f e e l the d e f e n s e is e n t i t l e d to t o prepare for the p r e s e n t a t i o n of that d e f e n s e . THE P R E S I D E N T： One of the grounds g i v e n luy the d e f e n s e is the shortage of s t e n o g r a p h e r s and i n t e r p r e t e r s and t r a n s l a t o r s and c h e c k e r s . T h e r e should be ne o b j e c t i o n to the transfer cf such ser- v i c e s from the p r o s e c u t i o n to the d e f e n s e； at l e a s t I c a n see none if y o u arc in a p o s i t i o n to make the t r a n s f e r , M r . H i g g i n s . A s to the provision, of "better h e a t e d c h a m b e r s , I am u n c b l c to make any s u g g e s t i o n . V/e w h o w o r k in e v e r y comfort c e r t a i n l y heve e v e r y s y m p a t h y w i t h those w h o do n o t . MR. H I G G I N S : M r . P r e s i d e n t , a p l a n is being w o r k e d on at p r e s e n t for the t r a n s f e r of such of our 13,893. p e r s o n n e l , trcnslctors and checkers as we can spare. W e t h i n k , p e r h a p s , that that w i l l require the approval of the Supreme Commander's h e a d q u a r t e r s . The Tribunal constitutes one staff section and the p r o s e c u t i o n section a d i f f e r e n t o n e . W e w i l l be glad to cooperate w i t h the defense counscl end transfer the use of such of our p e r s o n n e l as can be spared for the assistance of the d e f e n s e . THE PRESIDENT; I p e r s o n a l l y in Chambers have opposed anything in the nature of a v a c a t i o n , as the defense counsel k n o w . エ stated that I had twenty-one y e a r s ' experience of trying criminal cases and never on a single occasion had I adjourned a case to enable the defense to get r e a d y . I realize this is an e x c e p t i o n a l case and I w i l l leave it to my brothers to comc to a d e c i s i o n on the question of a recess ゥr no r e c e s s . I w i l l only vote i-"" I have t o . W e w i l l consider the m a t t e r . 13,894. THE PRESIDENT: Colonel D a n s t e . L I E U T . COLONEL D.J1STE: M r . President, Monbors cf the T r i b u n a l , I was abcut tc road pre sdcu- ticn dccuncnt 5538, that is exhibit 1806. THE PRESIDENT: Bef( ro you deal with that, C c l c n c l D a m s t o , at page 13851 of tho rcccrd I an roprrted tc havo said in answer to Captain Brocks： "'Highost 1 was corrected to ' h i g h e r . I refer new to page 13845, lino 17, where y o u , Cclonol D a n s t e , use the term "highest," but no correction appears there cr subsequently. I think ycu did make the ccrrection at the tine you spoko. Is that so? L I E U T . COLONEL D^MSTE: As far as エ remember I seid 一一 I nado the corroction, y e s , sir. ME“ BROOKS: If the Tribunal please, the President has reported accurately. I recall definitely thct exactly as the President reported is whet hap- p e n e d . THE PRESIDENT: YGS. Colonel, proceed with 1 your evidence. L I E U T . COLOkEL D..MSTE: That is page 1 , t h e last paragraph: "When I first cirrived at Tijku Camp Lieutenant KOBUTA was the Japanese officer in charge. There were also C o r p o r a l ェ U and 1st Class Private KOW“i\u.“ 1 2 3 4 5 6 78 90 12 3 4X5 6 7 8 9C 12 34 5 1 2 ；^111111111 2 22222 whs Ion d Bartcn 13,895 . K O B U T A was a nenbor cf the N O . 6 Transport U n i t . During the period I was in this canp I saw Lieutenant KOBUTム act as the officer in charge and issue orders both to Japanese staff and to the Indian prisoners of w a r . I shifted fron Tijku Camp to the unknown canp about miles a w a y . This was in August 1 9 4 4 . The Japanese officers and N C O 1 s mentioned, above cane w i t h us to this carap and shortly after cur arrival there Lieutenant ITO and Lanco Corporal TiiNAIOi a r r i v e d .エ saw from my own observation that Lieutenant KOBUTA remained the officer in charge of the canp, but Lance Corporal ThliuK^ acted as his socond in command, in spite of the fact that tlicro were others there higher in r a n k . Lance Corporal TムN“KA in ny prosenco took orders and discusscd orders w i t h KOBUTa, and gave orders to other members of the Japanese staff and Indian prisoners of w a r . "T^i^AKA said to no and. other Indian prisoners that we were going to be part of the Japanese A m y . In February 194-5 TiJ^.Ki, told ne and Sub Ma honed A k r u n and Mahoned. Hussein IWO that w e were no longer pris- oners of w a r , but, by Japanese order, formed part of the Nipponese A r m y . He told us that in convorsation in our own r o o n . He said it was an or e'er of the High Connand and it had to be carried o u t . I protested and 13,896. the two others also p r o t e s t e d . W e said it w a s not a c c o r d i n g to tho rules of w a r , and w e said we did not w a n t to be part of the N i p p o n A m y , T H said 'You h a v e just got t o b e . 1 m C A spoke in the Japanese- language and I understood w h a t he s a i d . The throe of us understood e n o u g h of the Japanese language to k n o w w h a t he s a i d . The IWO actcd as an interpreter in trans lating our protests into the Japanese language to U “ K A * then started putting us on p a r a d e s . Ho started to tcoch us the Japanese procedure and c u s t o m s . W e started fatigues early in the m o r n i n g , about 7 a . m . , and finished a b o u t 6 p . m . Tiict w a s the regular pro- c o d u r e . The fatigue wss lifting h e a v y boxes of n o d i - cinc or food stuff and carrying it a b o u t two or three m i l e s , and making three or four trips each d a y . A w h o l e lot of tho Indian prisoners w e r e in the fatigue p a r t y . Sonc v;crc sent to a g a r d e n , w h i l s t others did the w o r k above r e f e r r e d t o , "His H o n o r : Q . D i d you have any m e a l tine b e t w e e n 7 a . n , and 6 p.m.? "^nsv/cr. The first nca 1 of the d a y , w h e n wo hac". a n y , was a b o u t 6:30 a . m . D u r i n g the last throe months or so of our captivity wc w o r e given no n c a l b e f o r e starting w c r k for the d e y . Wc had our own cook- house and wg nanagod to obtain our own private supply 13,897. of tea and sugar and s a l t . W e w e r e only able to have s o m e t h i n g to d r i n k before starting w o r k , b u t n o t h i n g to c a t . "At 12 n i d d a y v/c got our f i r s t niccl of the d a y . W c g e n e r a l l y carricd r i c c w i t h us w h i c h w a s sup- plied b y the J a p a n e s e .ム t f i r s t the a n c u n t of r i c c g i v e n to us w a s ten o u n c e s . Later the supply d i n - inished u n t i l it v/c.s a b o u t five o u n c e s . T h o y gave us soine d r i e d tinned v e g e t a b l e s , b u t m o s t l y w e lived on jungle l e a v e s . One hour was a l l o w e d for the n i d d a y m e a l . W e stopped w h e r e v e r w o h a p p e n e d to be w o r k i n g . "The n e x t m e a l was w h e n v/e cane b a c k a b o u t 7 p . n . If it w a s d c r k a t this time w e w e r e n o t pro- v i d e d w i t h l i g h t s .ね 1 1 w o could er^t w a s the r i c e r c - tion per r.ian left over f r o n the m i d d a y n e a l . B e f o r e the evening n e a l w e w e r e g i v e n h a l f a n h o u r ' s m i l i t a r y t r a i n i n g . TムW“KA w a s a l w a y s in c h a r g e of this train- ing* K O B U T A at times w o u l d cone elong snc. v/ctch w h a t w a s h a p p e n i n g。 "I saw T i H on a great m a n y occasions b e a t the Indian p r i s o n e r s on theso p a r a d e s . S o n e t i n e s he w o u l d slap t h e n w i t h h i s open h e n d , and sonetines h i t them v/ith sticks a b o u t the h e a d end b o d y , b u t g e n e r a l l y a b o u t the h e a d . I saw h i n boat n c n so c o n s i s t e n t l y that every p r i s o n e r w o u l d h a v e r e c e i v e d o. b e o t i n g , r.nd 13 j898 l 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 g e n e r a l l y about tv/onty p r i s o n e r s w o u l d bo boa ton each d a y s t the training p e r i o d . M o s t l y the slaps a d m i n - istered w i t h tho hand were severe enough to k n o c k n e n to the g r o u n d . This g e n e r a l l y h a p p e n e d w h e n he slapped w i t h h i s h a n d . I often h e a r d h i n say to a p r i s o n e r 'Your b r a i n is not a l l r i g h t so I a n going to f i x it u p , ' and ho w o u l d then h i t h i n on the h e a d w i t h a s t i c k . The stick \vas g e n e r e l l y a long w a l k i n g stick a b o u t an inch t h i c k . "I w i l l d e a l now w i t h i l l - t r e a t n e n t and the w i t h h o l d i n g cf m e d i c a l supplies and give p a r t i c u l a r i n s t a n c e s . ;.nd w h e n I have f i n i s h e d d e s c r i b i n g these I w i l l d e s c r i b e b e h e a d i n g s and k i l l i n g s . "iibcut M a r c h 1 9 4 5 three of cur s o l d i e r s , M a - h o n e d S h a f i , A l i E a i d e r and T u f a i l M a h o n e d w e r e ill- treated b y T A i ^ X i as w e l l as K O B U T a r TiJJijCA told ne that these three n e n wh.o w e r e then w o r k i n g in the garden w e r e bad w o r k e r s , and he asked ne to examine t h e n . I e x a m i n e d then and I told T U C a they w e r e sick f r o m b e r i b e r i and g e n e r a l d e b i l i t y .エ told h i m this m y s e l f i in the Japanese l a n g u a g e , u s i n g n y h a n d s to s u p p l e m e n t w h a t I told h i n . "I then sav; h i m b e a t them cne b y o n e , f i r s t of a l l b y slapping t h e n w i t h h i s h a n d s u n t i l they w e r e k n o c k e d to the g r o u n d . He than g o t then to their feet 13,899. a g a i n and b e a t t h e n w i t h a stick o n the k n u c k l e s and. k n e e s and a b o u t the h e a d u n t i l the three of thorn b e c a m e u n c o n s c i o u s . The b e a t i n g lasted for a b o u t h a l f a n h o u r . A f t e r the b e a t i n g ェ saw t h a t A l l H a i d e r w a s v e r y sick and I gave h i m such n o d i c a l a t t e n t i o n as ェ could u n t i l his d e a t h a b o u t a w e e k or ten days later* A l - though I told TaNi.KA that he w a s v e r y s i c k , T aN A K k said h e w o u l d h a v e to w o r k on the fatigue carrying v e g e - tables from the g r o u n d , 'I saw thst k l l H a i d e r on this o c c a s i o n did not r e t u r n to the c a n p , and the next n o r n - ing he w a s b r o u g h t b y other Indians into the c a n p . I saw h i m t h e n . H e w a g u n c o n s c i o u s and in a v o r y feeble c o n d i t i o n . I gave h i n injections to try and k e e p h i m a l i v e , but an hour and a h a l f later he d i e d , "I had b e e n practicing in India as a d o c t o r for three y e a r s , ks m e d i c a l officer I worked for three y e a r s , and from n y m e d i c a l e x p e r i e n c e and n y e x a n i n a - tion and o b s e r v a t i o n of A l i H a i d e r after the b e a t i n g s I h a v e d e s c r i b e d , I can say that he died as the r e s u l t of those b e a t i n g s , ェ w a s p r e s e n t v/hon he w a s b u r i e d , " S h a f i and T u f a i l w e r e ill from the b o a t i n g s and were put on light w o r k . Their c o n d i t i o n w a s bad but not so b a d as A l i H a i d e r ! s . "I saw that T u f a i l w a s in a v e r y w e a k ccndi- 2 5 t i o n , and in fact he v/as so ill that he asked ne to 13,900 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 give hin poison so as to nake hin d i e . Of c o u r s e , I did not clo so and eventually he r e c o v e r e d , I have seen Shafi in the 2/9 ^GH on this Island, and he is in that hospital n o w . I also saw T u f a i l in this h o s p i t a l . S u b . ^krurn and IWO Mahomed Hussein were present and saw the beating of S h a f i , Haider and T u f a i l . "The next case of ill treatment was the case of Munshi K h a n . I saw hin boa ten b y T m and and later tied to a tree, Hg was kept there for twenty-four hours without food or w a t e r . His hands were tied behind his back; he was tied up with rope to the trunk of the tree, the rope stretching around his body and the trunk of the tree. This was about July 1 9 4ヲ . W h i l s t he was tied to the tree he actually passed water and defecated standing up whilst tied to the t r e e . "He was beaten for more than fifteen minutes before he was tied to the t r e e . I saw hin rcceive this beating fron and KOBUTit who used firewood sticks about the length of ny e r n . They beat hin about the head and k n e e s . J e n . “Mu l l a h Khan wes present at the beating of M u n s h i Khan; IWO Mahomed Hussein was also present, " エ can also speak of the beating of Mahomed S h o f i of the 2/9 J a t . R e g i m e n t , This v/as pbout the 13,901. month of July 1 9 4 5 . TムNムKa and KOV,'ムNA beat him with h e a v y sticks over the head for more than half an h o u r . I sav/ then clo this, and ェ saw KOBUTA standing watching at the tine. I did not hear him say anything. He did not interfere in any w a y . エ saw him beccne unconscious and TムNムKA or KOW^Hk would revive him by throwing water on his face, and he w a s then beaten until he was uncon- scious a g a i n . " I m e d i a t e l y after the beating was over I saw T^NiJGi and KOW^NA force Shafi to kneel on firewood sticks with a pieco of firewood behind his k n e e s . I saw then tie Shsfi's hands behind his b a c k ? and エ saw then beat hin cn the head and body v;ith sticks. In the position he was it was impossible for him to remain u p r i g h t , and they would beat hin when he fell down and then lift hin back to the upright position again. This happened several tines. This particular beating took about another half an h o u r . Whilst Shafi wcis in this position and being beaten by TムNムKA and KOWAKu I ssv; KOWANA pour petrel on Shafi's feet and set a light to it. Ti-.JJi.Kii was still beating h i n whilst this was being dene. W h e n this beating was finished,エ se.w S h a f i tied with his hands behind his back to the trunk of a tree and he was left there all n i g h t . I and others supplied h i n with food and water secretly during 13,902. the n i g h t . "The r e a s o n given b y m C A for the beating of S h a f i was that although S h a f i admitted stealing food h i m s e l f , he refused to implicate o t h e r s . T A N^Ka told no he w o u l d torture M n u n t i l he implicated others, but S h c f i did not do this in spite of the b e a t i n g s . I heard S h a f i say fron tine to tine w h i l s t being beaten that he alone w a s responsible for a n y t h e f t . "Shafi said in Induste,ni that he intended to die by himself and he would not implicate anybc-'ly e l s e , エ translated this into the Japanese language and told TiiNiiKA that this was what S h a f i s a i d . "The next morning after the beatings T H £.nd KOBUTa called m e , J e n . A b d u l l a h K h a n and Mahoned H u s s e i n over and said thoy wanted to behead S h a f i and asked our opinion about i t . エ said that many be- headings had a l r e a d y taken p l a c e , so nany that it was nc use beheading S h a f i , and suggested that he should receive some other pimishnent• They clicl not behead h i n . T H and ICOBUTii tclcl ne that they w o u l d leeve the punishment to n y s e l f end the other I n d i a n s . W e black- ened h i s faie w i t h scot and hung his shoes around his neck on one p a r a d e . He had to proniso that he would not steal in f u t u r e , and he gave this p r e m i s e . "The next incident ェ can speak cf is the ill 13j903 l 2 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 treatnent of J e m . Mchan S i n g h . He suffered badly from d r o p s y . That was in A p r i l 1945. Hg had dropsy and eventually died of this condition about 13th cr 14th A u g u s t . I was looking after h i n . エ saw that he was in intense pain as his abdomen was swollen with full- ness cf v;ater. It interfered with his breathing and it was necessary for the water to be token away from his abdomen to ease the p a i n . I had no proper instrurient to do this. I asked both TiiKi.Ka and KOBUTii several tines for medicine and an instrument to take the water a w a y . They said 'You cannot get any neclicine or in- strunents.' I asked T H and KOBUTA would they ad- nit the patient to hospital. They ssid 'Nc, Indians are not allowed to go into hospital. r Later a Japan- ese soldier, c. medical orderly, supplied ne with a 20 CC needle (like an injection needle), a very snail one, and using it エ took eight to ten hours to get part of the water a w a y . This caused the patient great pain because he had to sit all this t i n e . I say from ny medical knowledge and ny observation and examination and. treatment of J e n . Mohan Singh that had I been al— lowed to give hin proper treatment and medicine his life night have been saved. "The next incident I can refer to is the ill treatnent of Mahoned ムkruru A b o u t February 1945 ェ 13 j904 l 2 3 4 5 6 9 10 11 12 1 3 1 4 1 5 16 18 1 9 20 21 22 2 3 2 4 25 heard L i e u t e n a n t KOBUTム tell A k r u n that he h a d b e e n d i s o b e d i e n t , and he c.rclered h i n to nake two camps and a g a r d e n . I h e a r d A k r u n and TI.NAKA and K O B U T A arguing about whether ムkrum should continue w o r k in the g a r d e n . I heard A k r u m t e l l then that he w a n t e d to a p p e a l to a higher a u t h o r i t y . I hecrd T^NAIQi say 'You w i l l get severe p u n i s h m e n t . I have friends in the Military- Police and they n i g h t cut your head off later cn if so n e e d e d . ' I heard A k r u m say that he would not go to the higher a u t h o r i t y , and then K O B U L A Sh.Il) 'I an not a n g r y w i t h y o u . エ excuse you end you w i l l go on w o r k - ing as you were b e f o r e . ' Later エ w a s present w h e n a M i l i t a r y P o l i c e m a n cane w i t h an i n t e r p r e t e r . A k r u n w a s t h e r e , also J e n . A b d u l l a h K h a n . A k r u n w a s sitting dovra in his civilian c l o t h e s . The p o l i c e m a n said in Japanese 'Why are you sitting like this in those c l o t h e s ? ' I started to translate w h a t w a s b e i n g s a i d , b u t b e f o r e I could, finish the M i l i t a r y P o l i c e n a n started slapping A k r u n w i t h his h a n d s . It w a s a v e r y severe b e a t i n g . A k r u n w a s sitting d o w n w h e n he w a s b e a t e n and w a s k n o c k e d to the floor from tine to t i n e . The beating lasted for ten to f i f t e e n n i n u t e s . The beating took place in the p r i s o n e r ' s r o o n . "I w a s mess s e c r e t a r y . For ten d a y s " k r u n Yias put cn h a l f r a t i o n s . T^NiiKfi cane daily during the 13,905. ten days and nade n a n y statements to ne and other prisoners that Akrur.i had c o m i t t e d various crimes• T』ムKii told no that he wanted, iikrun to sign a state- nent confessing his crimes, as otherwise he would behead A k r u n . He asked ne would I tell A k r u n this and persuade h i n to sign. I did so end A k r u n did sign," 13,906. "During the period that T人NAKA and KOBUTA were associated in control of the prisoners I actual- ly saw almost every day one or both of them slapping and beating prisoners severely with sticks。 "I will now deal with the beheading and death of prisoners. The first case is that of Mahomed Din about Uarch 1945. He confessed that he took a tin of fish from the store。 ？:e was brought in and tied to a tree in the compound. I saw I ahomed Din whilst he was tied to the tree and I heard coming from the vic- inity of the tree signs of blows and cries but I did not actually witness the beatings. I saw him whilst tied to the tree about 4 p。nu Some time after o' clock he was not there. I searched for him and could not find h i m . A few days later TムKAKA told me that Mahomed Din had been captured and that he had had Din beheaded by the Military p o l i c e . "I never saw Mahomed Din after the night he escaped. "At the time of the Japanese surrender TAN- •t'JQ asked me and other prisoners to sign the nominal roll that Din had died from natural causes. This was about 28th or 29th A u g u s t . T U C A at this time was armed with pistol and sword and said that his record showed that Din died from beheading following a 13,907. conviction for stealing and that h e , TAN/.Kt'i.,wanted to change that and show death as having taken place from n a t u r a l c a u s e s . He said it would be better for the soldier's people if it was not recorded that he had been beheaded for stealing as that would cause dishonor and shame to Din's people. Akrum anc! I said that the true facts should be stated. We were m - armed whilst TANAKil was armed w i t h pistol and sword. I signed because I was afraid that he would shoot or behead u s . "The next case I can speak of is that of C h i n a d u r y , Said C-ul ? Miraj Din and Karirn Ilahi。 This happened about the 10th A p r i l 。 I was told something by Mahomed H u s s e i n and I know that those four prison- ers were taken away from our camp and kept away for three or four d a y s . I saw them when they returned and they were all very i l l . I saw Said C-ul and Chin- adury spitting b l o o d . I saw that the four p r i s o n e r s all！：丨ad bruises and swellings on the head and that they were in a state of e x h a u s t i o n . I saw them brought back by the Military p o l i c e . KOBUTa told me that he was going to have those four prisoners be- headed to set an example as to what would happen to prisoners who were guilty of theft. Later I saw the four prisoners being taken away by Japanese Military 13,908 3 4 5 6 7 9 10 11 12 1 3 1 4 1 5 16 18 1 9 20 21 22 2 3 24 P o l i c e whose names I do not k n o w . I saw them taken to an area v;here I had previously seen other prison- ers go with spades accompanied by a Japanese puard. After I saw the four men being taken to this area I did n o t see them a ^ a i n . The following tnornine at the morning parade KOBUTA told me and the other prisoners that h e , K O B U T A , had had the four men beheaded and that that should be an example to the rest of us not to steal. "The n e x t matter I wish to deal with re- lates to ilahomed Afs'ar and Y a k u b K h a n . This was a- bout July 1 9 4ヲ。 T A i m〜t o l d tne that tney had stolen a phial of medic5.ne and that he had decided to have them beheaded。 I saw them tied up without food or water from 4- o' clock one afternoon u n t i l 1 0 o 1 clock the next m o r n i n g . They were n o t freed to obey and call of nature and did so whilst tied to tbe tree. "The n e x t morning I saw them untied by Jap- anese guards and stripped naked and taken away. T A N - AKLt'i.was present at the time. I saw him go away with Afsar and Y a k u b Khan and the guards and I never saw those men again- I M W i had his sword with h i m . There were two Japanese guards with them and they al- so had swords。TANAJtA later told me that those two prisoners had been beheaded but he did not say w h o 13,909. 234567890123456789010^345 1111111111222222 had done the actual b e h e a d i n g . "The n e x t matter is that of Mahomed F.amzan. This was in Aug u s t 1945 some weeks before the surren- d e r . I saw Ratrizan tied to a tree all n i g h t . TALii.iui. told me that he was taking Eatnzan away and was poing to behead him。 I.:e said that R a m s an had stolen a tap- ioca plant and had told lies t o T A N A K A about it. T A N - AI-u'i said that B a m z a n would n o t admit to him that he had taken the p l a n t . I did n o t see F a m z a n again af- ter he had. been taken away with T A N A K A . I saw that his sword with hix when he took Ratnzan away and later TAMAIuv told me that he had himself be- headed R a m z a n . "The next matter deals with Lahomed Hus- sein and Umer Din。 told, me that they had es- caped and had been caupht and that he had had thera beheaded by the Military p o l i c e . I never saw either H u s s e i n or Umer Din again after they escaped。 This was shortly before the surrender. I am not certain about the month that these men escaped and viere be- headed according to T H ” but I think it was shortly before the beheading of Mahomed Afsar and Y a k u b K h a n . "In Septerr'ber 1943 after we were taken to the Halmaheras dysentery broke out. C a p n . USHIDA was in charge of u s . I went to the hosnital and asked 13,910. f o r medicine to cure the d y s e n t e r y . They would n o t give it to m e , they only gave me c r e o s o t e to e a s e the p a i n . "TjJTAIIx and .IIOBUTA were r e s p o n s i b l e for us n o t getting a full supply of f o o d。 E v e r y month w h e n the r a t i o n s were d r a w n the r a t i o n s for the p r i s o n e r s were put in the same store as the r a t i o n s for the J a p a n e s e g u a r d s . They only issued us out of the store r i c e , salt and dried v e g e t a b l e s b u t would n o t give us b i s c u i t s , sweet b i s c u i t s or green p e a s , al- tV:ourh I saw these latter items b r o u g h t in e v e r y month for the N o . 6 T r a n s p o r t U n i t . A b o u t e v e r y two or three days I saw 1ムI.IAICA and ,K0BUTA t a k i n g boxer of b i s c u i t s for e i g h t Japanese g u a r d s or p o l i c e . Out of 40 b a g s of r i c e that would be b r o u g h t in a b o u t 1 5 of them, would go to them and 2 5 to us。 This w a s for the w h o l e m o n t h . T h e r e were e i p h t of them to feed and a b o u t 190 of our m e n . I sa、v TANAIvA and K O B U T A giv- ing b i s c u i t s and c i g a r e t t e s to some of their f r i e n d s , m e m b e r s of the T h a i w a n force and to the K e m p e t a i (Jap. T'ilitary P o l i c e ) . 11エ have heard TANAICA on many o c c a s i o n s say that he had f r i e n d s in the K e m p e t a i a n d ? t h e r e f o r e ? h e could ge a n y t h i n g done to us that he w a n t e d in the way of p u n i s h m e n t w i t h o u t getting p e r m i s s i o n from head- 13,911. q u a r t e r s . "As the r e s u l t of food being kept a w a y from the men they contracted b e r i - b e r i； they suf- fered from d e b i l i t y and some died from it. A lot of the m e n were sick and n e e d e d h o s p i t a l treatment and needed drugs that I could n o t p r o c u r e . TANiJCA would n o t allow the m e n to be taken to h o s p i t a l . I said to him l T h e h o s p i t a l s are a d m i t t i n g your m e n , w h y n o t the Indians? r They were also a d m i t t i n g I n d o n e s i a n m e m b e r s of the a u x i l i a r y f o r c e s . TAITAFA . said 'Wo Indians can go to hospital. 1 "During the last six months K O B U T A and T A N - :‘KA were very h a r s h in their t r e a t m e n t of the sick at the morning f a t i g u e s . I r r e s p e c t i v e oT how sick they were the men had to attend the morning parade and stand to attention, w h i l s t they listened to a lecture from either .KOBUTA or TikKAKA for about 10 or 1 5 min- u t e s . Some of the men were too sick to do this and collapsed on the p a r a d e . W h e n they c o l l a p s e d and fell they were left lying where they f e l l and a t the f i n i s h of the l e c t u r e the rest of the party w o u l d be marched off b y o r K O B U T A . W e had to supply men to take the place of those who had c o l l a p s e d and this had to be done from the other men a v a i l a b l e , m a i n l y sick peo- ple w h o I knew were not fit to w o r k . I told K O B U T A 13,912. 】 a n d T A M K A on numbers of occasions that numbers of 2 men \7しごし too sick to work* ” 3 4 5 i 7 | H 9 10 11 12 1 3 ！ 14 I 1 5 16 17 18 1 9 丨 2 0 ！ 21 22 2 3 2 4 - 2 5 丨 13,913. " A f t e r the parade K O B U T A and TANAKA v ^ n t over to those w h o had collapsed and v;ho wore still lying t h e r e . T h e y used to hit then over the head or knees or kick then to test w h e t h e r they w e r e malingering or n o t . A fovj n a y have laid d o w n to get a rest but most of then w e r e genuine sick c a s e s . TANiiKA and K O B U T A would then select fron the sick ones those w h o were to bo given an i n j e c t i o n . They •would point to one n c n as being n o goocl as a worker because he wnq too sick r.nd ordered that he was not to have i n j e c t i o n s . Ti\PAK4 and KOBUTA said that they w e r e the ones to pick and choose w h o anongst the sick were to get the i n j e c t i o n s . T h e y would not allow injections to be given to the very sick because they said they w o u l d be no good for w o r k i n g . The injections that were given were given either b y nyself or the J a p . nedical o r d e r l y . The injections w e r e of vita camphor or olium camphor; they give strength to thy heart for an hour or s o , otherwise a m a n n i g h t die. if he is in a v e r y collapsed condi- t i o n . Sone of the m e n had to be lifted b y Indian prisoners back to the "barracks. The supply of canphor injection was obtained fron either TAN/JCA or KOBUTA or the n e d i c a l o r d e r l y . Often I was able to give injections to those w h o were very sick Greenjerg & 3 p r a 11 13,914. and really needed i t , but this wzs givun from sup- plies w h i c h we had stolen. Of course I was unable to give those injections in the presence of TANAKA. and K o b u t a . I 〜vas only allowed to give injections to the men they picked out. T h e men thoy would n o t let me inject yo-uld have died if orders had been carried o u t , but in nany cases I was able to save their lives by giving them secret injections» "Many of n y men b a d l y needed extractions of advanced cavious teeth; I would report to TANAKA that those n e n were urgently in need of d e n t a l treatment but TA11LKA would! n o t let then go to the Japanese dental p e o p l e .エ did not have any in- strunent nyself to perforni e x t r a c t i o n s , would not give any reason for n o t letting then go to the dentist but would s a y , 1 They cannot go, we w a n t then for w o r k . ' TANAI01 would not issue passes w h i c h were necessary to get d e n t a l c a r e . "Earlier there were only six guards as w e l l as T A N A K A and KOBUTA5 in the last fortnight they put on another f i v e , risking eleven in addition to TANAIC/i end K O B U T A . KOWAWA was one of t h e n , K F A G I S H I M was a n o t h e r , ADACHI was a n o t h e r , OTAKE was a n o t h e r , and the r.edical orderly, OKAIiA 5 "was a n o t h e r . "I often sew K O W A N A , KHハGI SHIMA and 13,915 . ADACHI administer severe beatings with hands and sticks. "I can identify KOBUTA and TiMJUi.ェ can a l s o identify all the guards I have mentioned by- n a m e . "Two Indians, Shakein Peg, 2/9 Jat. Reg, and Ghulan Yasin, 36 Ord. Workshop, died of dysentery -- anoebic d y s e n t e r y . This was about Harch or A p r i l , 1 9 4 5 . I told TAN/iK/. that they were suffering from this complaint and I asked hin for emetine to cure this condition. He said 'You are not going to get this m e d i c i n e , it is n o t available. 1 ェ knew that some had been available ten days before because I had. been given a supply of it fron another unit in the v i c i n i t y .エ told TAN人KA that they would die unless ェ could treat them with this medicine, I asked hin if he would not give ne the medicine would he allow them to go to hospital in order to try and save their lives. He refused both the medicine or to allow them to go to hospital. They both died at the end of March or beginning of April 1945. I say fron ny nedico.1 experience and ny observation and treatment of these nen that I would have been a^le to cure their complaint and save their lives if I had been given this emetine. 13，916 2 3 4 5 6 7 £ 9 ]0 11 12 13 1 4 1 5 16 1 7 18 19 20 21 22 2 3 2 4 25 " W h e n we arrived in the Hp.lnaherns about two-thirds of the Indian prisoners did not have any footwear and had to w o r k in bare f e e t . This resulted in the nen w i t h bare feet getting sores on the feet end l e g s . The infection spread quickly and resulted in the permanent disability of m a n y of t h e n , and some d e a t h s . The officer w h o m I asked for these supplies and w h o refused to give them was a Staff C a p n . of the Thakeda T a i . エ could not identify him as I only saw hin once or twice." The prosecution enters d o c m e n t N o . 551? for identification and the excerpts as an e x h i b i t , THE PRESIIENT； Admitted on the u s u a l terms. CLERK OF THE COURT: Prosecution's document No. 5517 will receive exhibit No. 1807 for identifica- tion only； the excerpts therefrom will receive exl ibit N o . 1 8 0 7 - A . ぐマhereupon, the document above re- ferred to was marked prosecution's exhibit N o . 1807 for Identification; and the excerpts therefrom were iriarked prosecution's exhibit. N o . 1807-A and received in evidence.) LIEUT。 COLONEL DAMSTE: e . A t P o n e l a , near K e n d a r i , in O c t o b e r , 194-3 13,917. a seriously wounded A u s t r a l i a n flying officer was left to die a l t h o u g h appropriate m e d i c a l treatment was avilable; he was n o t given the promised anaes- thetic because w h e n interrogated he refused to give further information than he needed to give accord- ing to i n t e r n a t i o n a l l a w . This is related b y Lieutenant Conmander P . E . C a r r , R . A . N . , prosecu- tion document 5517• 3 . E x e c u t i o n s . a . At POW c a m p , M a c a s s a r , in S e p t e m b e r , 1 9 4 2 , three Dutch POW (Peletier c . s.) w h o had escaped "but had b e e n r e c a p t u r e d , were beheaded without t r i a l . Another group of three D u t c h POW (Lieutenant Hees c . s.) were beheaded about the same time after severe ill-treatment w h i c h lasted a w e e k , this is contained in the report of C a p t a i n D i e u d o n n e , a l r e a d y i n t r o d u c e d , exhibit N o . 1 8 0 5 - A . The p r o s e c u t i o n enters document N o . 5514 as a n e x h i b i t . THE P R E S I D E N T : Admitted on the u s u a l terms, CLERK OF THE COURT; Prosecution's document N o . 551^ w i l l receive exhibit N o . 1 8 0 8 . (thereupon, the document above re- ferred to was narked p r o s e c u t i o n 1 s exhibit N o . 1808 and received in evidence.) 13，918 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 26 21 22 2 3 2 4 25 L I E U T。C O L O N E L D/J.'ISTE ； b . At POW c a m p , M e n a d e , in M a r c h , 1 9 4 2 , five Dutch NCO's w h o had participated in guerilla activities but had surrendered e v e n t u a l l y , were executed (group COSIJTI). This is mentioned in the statements b y L i e u t e n a n t R . J. H e n s e l , R . N . I . k .、 p r o s e c u t i o n document N o . 5514, The p r o s e c u t i o n enters document N o . 5563 for identification and the excerpts as an e x h i b i t , THE P R E S I D E N T : Admitted on the u s u a l t e r m s . CLERK OF THE COURTs Prosecution's document N o . 5563 w i l l r e c e i v e exhibit N o . 18〇9 for identifica- tion o n l y , and the excerpts therefrom w i l l receive exhibit N o . 1 8 0 9 - A . (Whereupon, the document above re- ferred to was marked prosecution's exhibit N o . 1809 for i d e n t i f i c a t i o n , and the excerpts therefron were narked prosecution's exhibit N o . 1809-A and received in e v i d e n c e . ) L I E U T . COLONEL D/JISTE； The sane is related in the affidavit (page 3 ) of Major W . C . V a n D e n Berg, R。 N. I. A., prosecution document 5563. This major also mentions thu beheading of two Dutch NCO w h o had defended an aerodrome (Wielinga and Robbe- m o n d ) w h i c h execution was preceded by serious 13,919. i l l - t r e a t n e n t . c . At T e r a g a n , v a r i o u s e x e c u t i o n s , w i t h o u t t r i a l , of Indian POW occurred: In M a r c h 194-5 Mohamad D i n was beheaded as a punishment for 七he alleged theft of a tin of f i s h . In A p r i l 1 9 4 5 four POW (Chinadury c . s.) w e r e beheaded after severe i l l - t r e a t m e n t . In July 194ヲ two POW (Mohamad Afsar c . s.) were b e h e a d e d . In July or A u g u s t 1 9 4 ? tv7o POW escapees were b e h e a d e d . In A u g u s t 1 9 4 5 the POW Mohamad R a m z a n was b e h e a d e d . This is reported b y M e d i c a l Officer P a u l , whose affidavit has already b e e n i n t r o d u c e d , exhibit 1806. I I . C I V I L I A N S . A . I n t e r n e e s . The interned Dutch p o p u l a t i o n suffered the same u n n e c e s s a r y hardships as in the other areas 13 j920 l 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 ニ丨 1 7 18 19 20 21 22 2 3 24 25 Prosecution ontnrs d o c u m o n t 5544 as an e x h i b i t . THE PREblDENT: Admitted on the u s u a l t e r m s . CLERK OF THE COURT: Prosecution's d o c u m e n t N o . ^ A A w i l l roceivp exhibit N o . 1 8 1 0 . (V/her^upon, the d o c u m e n t above re- ferred to was narked prosecution's exhibit N o . 1810 and received in e v i d e n c e . ) L I E U T . C O L O N E L DAMSTE: A t the Teling intern- raent carap for n e n , M e n a d o , food was bad both in quality and q u a n t i t y , and consisted in the beginning m a i n l y of burnt r i c e . No medicines vi/ore supplied although d y s e n t e r y broke o u t , resulting in the death of ten «ut of about one hundred fifty i n t e r n e e s . Discipline was raaintajlncd by terrorization: severe beatings and torturr were a p p l i e d , confinement in cells under miserable c o n d i t i o n s . On July 3 ， 1 9 4 2 two inmates of the camp (Dr. Wolff and Dp Jong) wpre executed and at another t^lace an American c o l o n e l , two R o m a n Catholic priests and a Roman Catholic b r o t h e r . S h o r t l y afterwards another p r i s o n e r , De L e e u w , was e x o c u t e d . The same party of prisoners was moved to Jail for about six w e e k s : for three days no water «r food was p r o v i d e d , afterwards only a l i t t l e . No 13，921 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 m e d i c a l cars was given a l t h o u g h p e o p l e suffered from d y s e n t e r y . A f t e r their r e t u r n to the camp the i n t e r n e e s got o n l y onp m e a l a d a y consisting of r i c e , t t i l l no rrx-dicines w e r e s u p p l i e d . S i c k p e o p l e w e r e sent to j a i l , w h e r e t h e y had to die fron s t a r v a t i o n and i l l n e s s . The o n l y a t t e n t i o n g i v e n by the J a p a n e s e d o c t o r whc-n ho visited the camp was that he tried to b u y w a t c h e s . On June 19，194-5 two internees w e r e e x e c u t e d . This storv of m i s e r y is told b y one of tho v i c t i m s , H . D a l l i n g a , Mayor of M p n a d o , p r o s e c u t i o n d o c u n e n t The p r o s e c u t i o n enters docuracnt 55^7 for i d e n t i f i c a t i o n and the eycerpts as an e x h i b i t . THE P R E S I D E N T : Admitted on the u s u a l terras. C L E R K OF THE C O U R T : P r o s e c u t i o n ' s d o c u m e n t N o . 5547 w i l l r e c e i v e exhibit N o . 1 8 1 1 for i d e n t i f i - cation o n l y , and the excerpts therefrom w i l l r e c e i v e e x h i b i t N o . 1 8 1 1 A . (•ffheroupon, d o c u m e n t N o . 55^7 was narked p r o s e c u t i o n ' s e x h i b i t N o . 1 8 1 1 for i d e n t i f i c a t i o n ; and the e x c e r p t s t h e r e f r o m • werfl narked p r o s e c u t i o n e x h i b i t 1811A and received in e v i d e n c e , ) 13,922. LIEUT. COLONEL DAIfcTE: A t Pare-Pare, ^outh West Celebes, in the men's internment camp severe beatings occurred, even of a Rocan Catholic priest who was beaten almost to death. At B o d i c e , bouth West Celebes, the internees had to live in cowsheds and pigsties, under very bad sanitary conditions• Here", as well as at Bolong C a m p , t-outh West Celebes, food was insufficient. This appears from the interro- gation report of th^ Controller (civil servant) H . J . K oerts, prosecution document 55*47. The prosecution enters document 5555 as an exhibit. THE PREt-1 DENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document 5555 W i l l rpceive exhibit N o . 1 8 1 2 . (Whereupon, the document above re- ferred to was marked prosecution's exhibit No。 1812 and received in evidence.) L I E U T . COLONEL DAMSTE: A t Aerraedidi, the women's internmpnt camp at M e n a d o , beatings occurred regularly. Four girls between thirteen and eighteen years of age were severely beaten and then forced to stand night and d a y before tho Japanese canp office for about a week at a stretch without f o o d . Food was insufficient and caused beri-beri resulting in the 13,923. d e a t h of m a n y . M e d i c a l supplins w e r e i n a d e q u a t e；、’ the Japanese c o m m e n t w a s : "ITiat u s e h a v e you p e o p l e for riedicines? T h e sooner you die' the b e t t e r . I sh^.Il like it." S a n i t a t i o n was b a d . T h e s e c o n d i - tions a p p e a r from the a f f i d a v i t of the D u t c h c a m p coronandant, M r s . -ti L e R o l f f , p r o s e c u t i o n d o c u m e n t 5 5 5 5 . B . N o n - I n t e r n e d . 1 . T o k e i t a i . T h e same p a t t e r n of m e t h o d s of i n t e r r o g a t i o n , torturp and ili-tren.traent, as applied b y the 々rmy K p m p e i t a i in Java and S u m a t r a , w a s used b v the M i l i t a r y P o l i c e c>f tho J a p a n e s e N a v y , the T o k e i t a i , w h o s e m e t h o d s h a v e been m e n t i o n e d a l r e a d y w h e n d e a l - ing w i t h B o r n e o . T h e p r o s e c u t i o n enters docurnpnt 5522 for i d p n t i f i c a t i o n ^nri the e x c e r p t s as an e x h i b i t . THE P R E S I D E N T : Admitted on the u s u a l t p r m s . C L E R K OF THE C O U R T : P r o s e c u t i o n ' s d o c u m e n t 5522 w i l l r e c e i v e e x h i b i t N o . 1 8 1 3。 (V/hpreupon, the d o c u m e n t a b o v e re- ferred to was raarkod p r o s e c u t i o n ® s e x h i b i t N o . 1 8 1 3 and received in e v i d e n c e s ) THE P R E S I D E N T : W e w i l l r p c e s s for f i f t e e n m i n u t e s . 1 3 , 9 2 4 . (Whereupon, at 1 0 4 5 , a recess w a s takon u n t i l 1 1 0 0 , after >hich the proceed- ings were resumed as f o l l o w s : ) THI； P R E S I D E N T : In order to enable the accused to prepare a proper d e f e n s e the Tribunal has decided to a d j o u r n for a f o r t n i g h t at the end of the prosecution's c a s e . Colonel D a m s t e . L I E U T . C O L O N E L DAMSTE: At >Tokeitai Head- quarters , M e n a d o , the suspects were confined under appalling c o n d i t i o n s : overcrowded c e l l s； forced sitting up all day; no speaking a l l o w e d ; insuf- ficient food both in q u a l i t y and in quantity; severe and r e p e a t e d b e a t i n g , in one case for 14 days all day long and sometimes also at night； hanging by the f e e t , head d o w n； burning 5 r a p e . At the m i l i t a r y p r i s o n , M e n a d o , the same c o n d i t i o n s : sick m e n w e r e n o t even given a n y food for two or three d a y s , they died from dysentery and s t a r v a t i o n . At M a k a l e , Southwest C e l e b e s , food was very scanty; no m e d i c i n e s were p r o v i d e d . At T n k e i t a i p r i s o n , M a c a s s a r , the'prisoners were sometimes n o t allowed to go to the lavatory 13,925. for three or four days and tin en only for two m i n u t e s； the use of soap was f o r b i d d e n . At Japanese H e a d q u a r t e r s , M a c a s s a r , cor- p o r a l ill-treatment was f r e q u e n t . All this appears from the affidavit of C h . H . ^ e n s v e e n , p r o s e c u t i o n d o c u m e n t 5522. b . Conditions at Tomohon j a i l , near M e n a d o , are described by Major Van Den B e r g , whose affidavit has beer introduced a l r e a d y , exhibit 1 8 0 9 - A , showing a regicie of terror; the lack of food led to disgust- ing s c e n e s . c . At M e n a d o , in F e b r u a r y end. March 1 9 d 2 , 18 p e r s o n s , most n a t i v e s , were located in a so-called death c e l l . They were severely i l l - t r e a t e d , bound together back to back and pieced in the tropical sunshine every day; when they collapsed from exhaus- tion tl"ey were put on their legs by means of kicking and thrashing; for six days these men got no f o o d . They w e r e ordered to dig pits and w e r e then e x e c u t e d . This is told in the statement of L t . F e n s e l , already i n t r o d u c e d , exhibit 1 8 0 8 . 2 . M u r d e r . The prosecution enters d o c u m e n t 5523 as an e x h i b i t . THE P R E S I D E N T : Admitted on the usual t e r m s . 13,926. CLERK OF T F E COURT: Prosecution's docu- m e n t N o . 5523 w i l l receive exhibit N o . 1814-. (^'hereuioon, the d o c u m e n t above referred to was marked prosecution's exhibit N o . 1 8 1 4 and received in evidence.) L I E U T . C O L O N E L DAMSTE: a . At L o l o b a t a , H a l n a b e i r a , in March 1944 a M e n a d o n e s e was beheaded w i t h o u t trial. This appears from the ststement of Djon S a m p o k , prosecution document 5523• The prosecution enters d o c u m e n t 5529 as an e x h i b i t . THE P R E S I D E N T : Admitted on the usual terms. CLERK OF T H E COURT: Prosecution's docu- m e n t N o . 5529 will r e c e i v e exhibit F o . 1 8 1 5 . ( h e r e u p o n , the d o c u m e n t above referred to was marked prosecution's ex- hibit N o . 1 8 1 5 and received in e v i d e n c e . ) L I E U T . C O L O N E L DAMSTE: At F o e l i e , Hal- m a h e i r a , in September 1943 the Japanese killed a Javanese and a B u g i n e s e w i t h o u t t r i a l , as appears from the statement of Hoesin Bin A b d u l l a h , prosecu- tion d o c u m e n t 5?29. The prosecution enters d o c u m e n t 5530 .. as ah exhibit 13，92ク 3 4 <； 6 8 t> 10 15 12 1 3 14 15 16 17 IS 1 9 20 21 22 2 3 2 4 25 THE P R E S I D E N T : Admitted on the u s u a l t e r m s . CLERK OF T H E C O U R T : P r o s e c u t i o n ' s docu- m e n t N o . 5530 w i l l receive e x h i b i t No. I8l6. (•^hereupon, the d o c u m e n t above r e f e r r e d to w a s m a r k e d . p r o s e c u t i o n ' s ex- h i b i t N o . I8l6 and r e c e i v e d in e v i d e n c e . ) L I E U T . C O L O N E L DAMSTE: At S o e g i , M o r o t a i , in S e p t e m b e r 1944-, four natives were put to death by b e h e a d i n g , witトout t r i a l . One of t h e m , I Tairuhu, h o w e v e r , was not k i l l e d and has r e p o r t e d this crime in his s t a t e m e n t , p r o s e c u t i o n d o c u m e n t 5530, with a photograph showing the scar in his n e c k . MR. P r e s i d e n t and Members of the T r i b u n a l , tbis completes the synopsis of the Japanese crimes committed in the Celebes and s u r r o u n d i n g i s l a n d s , and concludes t!°e survey regarding the Netherlands I n d i e s . And now L i e u t . Colonel M o r n a n e , for the p r o s e c u t i o n , v/ill c o n t i n u e with the p r e s e n t a t i o n of evidence in this p h a s e . T F E P R E S I D E N T : Colonel M o r n a n e . LIEL T T. COLONEL M O R N A N E : If the Tribunal p l e a s e s , m y first docuraent is p r o s e c u t i o n document N o . 5^-40, a synopsis of the Ambon Island g r o u p . I tender it in e v i d e n c e . 13,928 T H E P R E S I D E N T : Admitted on the usual t e r m s . CLERK OF T H E COURT: Prosecution's docu- ment N o . 54-4-0 will receive exhibit N o . 1 8 1 7 . C^ereuporti, the document above referred to was marVed prosecution's ex- hibit N o . 1817 and received in evidence.) L I M I T . COLOFEL MORNAKE: M y n e x t document is an a f f i d a v i t m a d e by Major George De Vardon 1 f T estley, formerly of 2/21 Australian Infantry- B a t t a l i o n . It is prosecution d o c u m e n t N o . 5^-19. I tender this document for identificstion and the marked eycerpts in e v i d e n c e . THE P R E S I D E N T : Admitted on the usual terms. CLERK OF T F E COURT: Prosecution's docu- n e n t N o . 5^19 v?ill receive exhibit N o . I8l8 for identification o n l y , and the excerpts therefrom w i l l receive exhibit N o . 1 8 1 8 - A . (Whereupon, the d o c u m e n t ebove re- ferred to was marked prosecution's exhibit N o . I8l8 for i d e n t i f i c a t i o n , and the excerpts therefrom Fere marked prosecution's exhibit N o . 1818-A and received in e v i d e n c e . ) L I E U T . COLONEL MORNANE: This document is introductory to the two following exhibits. The deponent states that he was with the 2/21 Battalion on Acboina Island in February 1 9 4 2， vhen the Japanese l a n d e d . The Australian forces on the island consisted of 800 on the Ambon side and about 300 on the Laba s i d e . The deponent became a prisoner in February 1 9 4 2 , and remained on the island until tbe Japanese surrender in 1 9 4 5 . he was a prisoner be heard nothing as to the fate of the 300 on the Laha side of the island and in September 19在5 sent a ps.rty there to endeavor to trace t h e m . Mo trece vies f o u n d , but a Japanese m e d i c a l officer pointed out a cairn under which be said about 200 men were b u r i e d , but he could not say V71°ether they were Australian or Japanese. Prosecution document Mo. 5333 is a record of the evidence of Lieutenant ConirsndGr K E N - I C F I N A K A G A ^ A , Imperial Japanese N a v y , r e t i r e d , in the Prosecution Court of the Tokyo Naval General Court Marti&l on 8th November 1945， snd in the Tokyo General Demobilisation Court on the 22nd December 1 9 4 5 , and the 29th December 1 9 4 5 . エ tender it for identification. CLERK OF THE COURT: Prosecution's docu- ment No. 5333 will receive exhibit No. 1819 for 13,930. identification o n l y . e r e u p o n , the d o c u m e n t above referred to was marked prosecution's ex- hibit N o . 1819 for identification o n l y . ) LIEUT. COLONEL MORNANE: P r o s e c u t i o n docu- ment N o . 5333-A is complete record of evidence of L i e u t e n a n t Commander K E N - I C H I N A K A G A W A . It was ertracted from p r o s e c u t i o n document 5333 and served on accused pursuant to order made by the Tribunal on the 25th of November 194-6, paper N o . 5 7 8 . The prosecution enters d o c u m e n t K o . 5333-A in e v i d e n c e . THE P R E S I D E N T : Admitted on the usual t e r m s . CLERF OF T H E COURT: Prosecution's docu- m e n t N o . 5333-A w i l l receive exhibit N o . 1 8 1 9 - A . ("^bereupon, the d o c u m e n t above r e f e r r e d to was marked prosecution's ex- hibit N o . 1819-A end received in e v i d e n c e . ) L I E U T . COLONEL MORFAKE: .KAKAGAWA was a lieutenant of the Japanese naval forces at L a h a . I will nov, 7 read certain excerpts from his e v i d e n c e . (Page 1，pc.rs 3.) ”エ am now going to tell you about the course taken in the operation to capture 13,931. L a h a . The Laha occupation force commenced landing on the beach of F i t l a m a ( t M s spelling is u n c e r t a i n ) about two o，clock a . m . , January 31^ 1 9 ^ 2 , and cap- tured the air field about 7:00 a . m . on F e b r u a r y 3 ? 194,2, with our casualties amounting to more than 100, "The prisoners of wsr taken st the airport totalled sbout 4 0 0 , consisting of a b o u t 210 Aus- tralians , a "bout 60 D u t c h , and troops of the native." (Pages 9 and 10, questions and answers 5, 6 and 7 , omitting second pare graph in the answer to question 6 . ) 、 "Q Tell me about the enemy prisoners of wsr captured in bettle to capture the La be. a i r f i e l d . "A In the forenoon of the 1st of F e b r u a r y (I am not sure of the exact time,) our reconnaitrers (Petty Officer OKADA and seaman 1st class TANAKA of the company-headquarters pl&toons) captured 10 er5my troops led by an Australian Army second l i e u t e n a n t , and took them to S o w a c o a d . And besides t h i s , as mentioned a b o v e , on the. 2nd of F e b r u a r y about 50 A u s t r a l i a n prisoners of war were taken prisoners by us when they came to our camp to s u r r e n d e r . "0 Fow were these prisoners of we.r dis- posed of? "A T^e first ten prisoners of war were 13,932. bavonetec： to death before our T o r c e left S o w a c o a d for the support of the a f o r e m e n t i o n e d p e n e t r a t i n g u n i t on the 1st of F e b r u a r y . B o t h A d j u t a n t H A T A K E Y M A and I v/ero at t h r t tin，e n e a r the Laha a i r f i e l d in e.mbush le&din纩 the penetrstinp unit, so we did not see the scene o f tbe e x e c u t i o n on the s p o t； a c c o r d - ing to Ens ipn S A K A M O T O f s stateirent m a d e to me after- ward. , t h e s e p r i s o n e r s of war were k i l l e d by the order of the C o m m a n d i n g Officer R e a r A d m i r a l KATA- K E Y A M A , b e c a u s e t h e s e p r i s o n e r s of w e r w e r e l i k e l y to become a dreg u p o n the m o v e m e n t of the admiral's force in r e r r . " 13,933. "Next エ w i l l tell you about the killing of the p r i s o n e r s of war w h i c h n u m b e r e d , as I r e m e m b e r a r i g h t , f i f t y - o n e , t h o u g h I m e n t i o n in the above t h e y were mere than f i f t y . "On the 4 t h of F e b r u a r y , E n s i g n S A 聰 0 T 0 at S o w a c o a d sent a r e p o r t to R e a r A d m i r a l HATらKE VAMA at the Laha airfield that S A K A M O T O was at a loss w i t h s m a l l n u m b e r of guard for t r e a t m e n t of p r i s o n e r s of w a r . A c c o r d i n g to the S A K A M O T O r s r e p o r t these p r i s o n e r s of w a r either r e b e l l e d a g a i n s t him or made d e s e r t i o n s b e c a u s e of the m i s u n d e r s t a n d i n g due to d i f f e r e n c e of l a n g u a g e。 T h e A d m i r a l got a n g r y hearing this r e p o r t and called A d j u t a n t H A T 4 K E Y A M A and me to his room at the Laha airfield that evening w h e r e the e n g i n e e r staff officer was also p r e s e n t . "We w e r e ordered b y the A d m i r a l that we should k i l l them on the f o l l o w i n g c a y because he had r e c e i v e d a r e p o r t informing that p r i s o n e r s of w a r at Sowaccad were in d i s q u i e t u d e . In c o m p l i a n c e w i t h this crder on the 5th of F e b r u a r y , I took about 30 petty- officers and m e n tc S o w a c o a d ; I cannot r e c a l l n e w from w h a t p l a t o o n these 30 p e t t y officers and m e n were s e l e c t e d . In a f o r e s t of c o c o n u t - t r e e , about 200 m e t e r s toward the airfield from S o w a c o a d , we dug our holes and killed p r i s o n e r s of w a r w i t h swords or bayonets. I rocrll,it took nbout two hours from 10 -a.m. Tho process of the murder w^s as follows； I divideo 3〇 petty officers 'md men into 3 groups,the first group for leacing the prisoners of wnr out of a duelling house where the victims were temporarily confined, the second for preventing cisoroer on their way from the house to the forost, the third for bohold- ing or stobbing tho prisoners of war. The prisoners of war wore sent to tha spot one by one and made to kneel with bnndngo on their sygs. Our men of tho third group, one at a time, came out in turn either to behead a prisoner of て3/？?r with his s?;ord or to stnb him through the breast with his bnyonet. "Theso prisoners of war were nil A u s t n l i ^ n s , i n d u c i n g 4 or 5 o f f i c e r s . I nm sure that there w?s a major, whose namo wns unknown to me. All corpsos were buried in the holes. The names of ^ur isen thon employed for this execution cannot be rscalled. at oil. But it is certain th?,t th^ro vjoro prosonij on tha spot nc officer, 3ithor w a r r a n t or conrrissioned, exeopt m y s e l f . Most of tho time I placed myself in the miccile botwsen the house nnd the plsco of the killing to 6o the over<-aJLl comnnno ； but I '-/ent to tho spot v/hen the last v i c t i m w?,s to ba e x e c u t e d . Interpreter IKEUCilェ wns thon in tho dwelling house to send out 13,935. tho prisoners of T var from the h o u s e . L i e you mnke a report th^t the execution had been accomplished? "A エ reported it to A d j u t a n t HATAKEYAI: T A in his room on that c o y , anc. I suppose the ndjutnnt in his turn imported it to A c m i r n l HATAKEYAMA." Page 12 to 1 5 , question ？.nd answer 1 1 , o m i t t i n g only translator's n o t e : "C T e l l me about the other killings of the prisoners of wr.r thnn you have afore stated. "A As I have snid, thero wera billetad in tha airfield barracks some 200 A u s t n l i n n s and some 60 Lutchmsn. When our forcss first entered into tho a i r f i o l o , thoy san' that the Japanese strength wns very small numbering only some 1 7 0 . Some of ths Drisoners of \iav, t h e r e f o r e , expressed their view through IICJUCHI, i n t e r p r e t e r , to such an effect f?.s that they would not hava surrendered but would r a t h e r have continued fight- ing b r o v o l y if they had known the Japanese strength was so small, and thnt if they had fought more stubbornljr the Japanese casualties would have amounted to つ con- sidernble d e g r e e . In addition to these they behaved themselves cUsobeciiGnt in their assignee w o r k s , though partly c^useo by the difforence of l a n g u a g e . Anc about 3〇 of them were considered to be e s p o c i g l l y d i s o b a d i e n t . 13j936 8 9 10 11 12 13 1.4 1 5 16 1 7 18 19 20 21 22 23 24 25 T h e Gommnncing Officer he a re of this f-^ct, ana he gave Acjutnnt H/iTAICEYAMA and me nn order in his room in the evening of 5th F e b r u a r y to murder these some 3 0 prisoners of w a r . "I had about 20 enlisted men k i l l these some 30 prisoners of war sbrut 3 p . m . on tho following day, if I reraamber r i g h t , in r coco-p-ilrc frrest nenr T a >uli, about 700 meters from the airfield, t.aough I cannot r e c l l whnt platoons these ibout 2 0 men bolongec t o . In this k i l l i n g , t o o , the prisoners of war were once taken in 2 house nap.rby, then called out in turn one b y one, and killed with S'-vord or w i t h b a y o n e t , ns b e f o r e . Their corpse u s buried in the hole dug for tho p u r p o s e . As in the previous case I stood in the middle between that house nnc th? spot of murder to take g e n e r a l command for the most of the time, nnd I 现ont to the spot to witness the Inst r>no of being killed and ascertsined this b l o o d y work h^o been f i n i s h e d . I reported to the Adjutnnt HATAKEYAMA the accomplishment of the e x e c u t i o n . I nm net sure whether any E u t c h men T vere inclucod among th.2 victims or n o t , but it is cortain thnt the victims were -^ll onlisted m e n . "Next I w i l l tell you about another killing of the prisoners of w n r . 13,937. "On the 1 7 t h or 18th of FDbru^r.v, I cannot r o c n l l w h i c h d a y , while vie were taking l u n c h nt A m b o n , Conunnnciirig Officer H A Y A S H I d i s c l o s e d his i n t e n t i o n m t h a r to k i l l all the remaining p r i s o n e r s of w i r . His r e a s o n was this: our troops available for service w n s n u m b e r e d only 340 or 3 5 0 , f r o m ”7hieh v a r i o u s guarcs in v a r i o u s d i s t r i c t s hnd to bo ais- p a t c h e c ; the d e s o r t i o n s of the prisoners of w n r b e g a n to b o n o t e d ； r u m o u r s r.^n nmorig n a t i v e s th°t tha allied troops w o u l c come soon to a t t a c k u s ; o n o m y planes in fact enmo for roconnaissa.rico 5 if the desert- ing prisoners of war would civulge tho situation of J a p a n e s e s i d e ,巧e would be f"ceo vary u n f n v o u n b l e s i t u n t i o n ; and nil these f i c t o r s viera forming n menace to the p o s i t i o n of the J a p a n e s e f o r c o s . I isked C o m m a n d i n g O f f i c e r , t h e n , whマt is his opinion concern- ing the provisions of the I n t G r n n t i o m l L m w h i c h I u n d e r s t o o d い b.3 stipulating th-^t 'FURYO 1 should not be t r e a t e d ns e n e m y . H-a ensworod me thnt I wマs right so far ns 'FURYO' w a s c o n c e r n e d , but thnt the enptives internea there w e r e to be classified nnc cnllod ‘HORYO 1 and t h e r e f o r e yjq would not violnto tha Inter- n a t i o n a l Law if we woulc. k i l l them." 13,938. "A few days later, in the evening while taking supper with the Coirroanding Officer and his Adjutant HATAKEYAFxA at the garden in front of the Comirandirig O f f i c e r ' s room, I was told by the Comiranding Officer to kill all the prisoners of •war at Laha. "On the following day, probably 20th of F e b r u a r y , if my recollection is r i g h t ,エ gathered up some 60 enlisted men from various platoons attached tc the 1 - K N 3 L P . Moreover about 30 enlisted men from •the crew of the Minesweeper N o . 9 v;ho were boarding at the 1-KKSLP barracks because their ship had sunk then, were sr'ployed by the consent of a reserve-list officer attached tc that minesv/eeper. "I took the both groups of en'lis ted men totalling to some 90 to Laha from Ambon at about 1 p . m . on the 20th. We dug holes in a place in a coconut forest at Tauli; this new place is a different position froir that of the previous murder beirg 140 or 150 meters awa^ from it, and was about 200 meters off the headquarters of the Laha Detachment. I divided men into 9 groups: 2 groups for bloody- k i l l i n g , 3 grrups for watchir.^ the •orisoners of war; on their wavs to the killing p l a c e , 2 groups for sendirg prisoners of war out of the barracks: one G o 1 d b ？ r T o & K a plea u 13 ,939 . group for•puard or the spot of the k i l l i n g , the last one for emergency. The prisoners of war were carried by truck from the barracks to the Detachment building about 500 meters in d i s t a n c e , and they were on foot from the Detachment building to the spot of the k i l l i n g . The same wa: r of the k i l l i n g was adopted as ir the previous caseち tc have them kneel down w i t h bandage over their eyes and to kill therr w i t h sword or b a y o n e t . "The poor victims numbered a-out 220 in all including a few A u s t r a l i a n o f f i c e r s . Interpreter IKIUCHI w a s , as in the previous case,, in charge of duty of sending prisoners of w a r out of the barracks; I was ir： the Detachment building giving o v e r a l l directiors and ascertained the final accom- p l i s h m e n t of the affair on the spot. It took from about 6 p.m, to 9 . 3° p . m . Most of the corpses were buried in one h o l e , but "because the hole was not big enough to receive all of the corpses a dug-out r e a r b y was also used for the b u r i a l . O n that day upon m y arrival at our headquarters I reported it to the Commanding Officer directly and also to his a d j u t a n t . (Page 1 5 . Question and answer 13). 2 5 " Q . Was the order of k i l l i n g prisoners of 13j940 l 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 17 18 19 20 21 22 23 2 4 25 wa/r rssued b" the Coninanaing uri'icer HAYAbril at his own discretion? "A. In the first three cases of the murder the orders were w i t h no doubt issued by Rear-Ad- m i r a l H a T a K E Y A M A . But as for the last case,エ am n o t sure whether the order was issued by the Command- ing Officer HAYASHI himself, or it was given in comrdiance with the order of R e a r - A d m i r a l H A T A K E Y A M . " Prosecution document N o . 5333-3 is my next d o c u m e n t . It is the record of evidence of Commander KUI\ T ITC HATAKEYAMA of the Imperial Japanese Navy given before the Tokyo General Court Martial on 8th Kovernier, 1945, and the Tokyo General Demobili- zation Court cn 24-th December, 1 9 4 5 , and 12th F e b r u a r y , 1 9 4 6 . エ tender this document in e v i d e n c e . THE PRESIDENT: Admitted on the usual t e r m s . CLERK OF THE COURT: Prosecution's document N o . 5333-B w i l l receive exhibit N o . 1819-B. (Whereupon, the document above re- ferred to was marked prosecution's exhibit N o . 1819-B and received in evidence.) LIEUT. COLONEL MORNAEE: This document refers to the killing of prisoners at L a h a . It is put in evidence in compliance with order contained on paper N o . 578 permitting use of record in evidence of 13,941. K U K I T O IL-TAKLYAMA and KEN-ICHI NAKAGAWA w i t h o u t Toutting in the w h o l e record of evidence contained ir E v i d e n t i a r y D o c u m e n t N o . 5 3 3 3 . Prosecution document N o . 54.18 is an affi- davit by Major George De Verdon W E S T L E Y formerly of 2 / 2 1 Australian Infantry B a t t a l i o n . I tender t^e document for identificatior and excerpts there- froir. in evidence. THE PRESIDENT: Admitted on the u s u a l terms. CLERK OF THE COURT: Prosecution's document N o . 5418 will receive exhibit N o . 1820 for identi- fication only5 and the excerpts therefrom w i l l re- ceive e x h i b i t N o . 1 8 2 0 - A . (V.hereupon, the document above re- ferred to was marked prosecution's exhibit No. 1820 for idc-ntificaticn; and the excerpts therefrom were rrarked p r o s e c u t i o n 1 s exhibit N o . 1320-A and received in evidence.) L I E U T . C 0 L _ L M O R N 運 ： T h i s and the succeeding four documents relate to the prisoner of w a r camp at A m b o n . エ subsequently propose to call a v i t n e s s from that camp,so I do n o t propose tc read these documents unless the Court would prefer me to do so to erable the defendant counsel to cross- e x a m i n e the witness or what they have read. 13,942. THE PRESIDENT; W h y read them if you think the witness will cover the same ground? LIEUT。 C O L O N E L MORMANE: It was m e r e l y to avoid the position that we had with regard to Borneo where the w i t n e s s was called first and the documents had not been read; and then the defense endeavored to cross-examine the w i t n e s s on d o c u m e n t s which had .not up to that stage beer' read in C o u r t . THE PRESIDENTs Let us hear the w i t n e s s , and then, we w i l l decide whether we should have the affidavits r e a d . One of ry colleagues desires tc know whether the Japanese R e a r - A d m i r a l referred to a mirmte or two ago was tried, and if so, w i t h what result. LIEUT。 C O L O N E L MORNANE: I ar informed, M r . P r e s i d e n t , that the Japanese Rear-Adiriral was killed during the course of the war. I will take steps to verify that information. I now propose to call Lieutenant V a n N o o t e n . 13,943 VAN FOOTEN DIRECT J O H N C H A R L E S V A N K 0 0 T E N , called as a witness on behalf of the prosecution, being first duly sworn,testified as follows: DIRECT E X A M I N A T I O N B Y LIEUT。 COLONEL MORNANE: Q Your full name is John Charles Van Nooten, and vou are a lieutenant in the Australian Imperial F o r c e s , and you reside at 15 Edward Street, Sandring- h a m , V i c t o r i a , Australia? A Y e s . Q In 1942 you were a weirber of the 2/21 Australian Infantry Battalion? A Y e s . Q And on the 3rd cf February；, 1942，you were captured by the Japanese at Amboina? A I w a s . Q How many Australian and Dutch prisoners were captured on the A m b o n Town side of that island at that time? A There were 809 Australians and approximately 300 Dutch prisoners captured at A m b o i n a . Q Does that take into account those who were captured in Laha? A No. That was a separate force captured at L a h a . 1 3 , 9 4 4 VAN FOOTEN DIRECT Q Where were you cc^nfinsd? A We were confined in Tan Toey Barracks, situated near Galala Village about two miles from the town of Ambon. Q Where were the Dutch confined? A The Dutch wore confined in a separate com- pound v; it hin the prison compound -- or the main prison compound. Q Could yon see them from your compound? A Yes. There was only a barbed wire fence bet''oen us. Q What happened on the 2どth of October, 1942? A On the 2(th of October, 1942, 26.7 Australians and 233 Dutch were transferred from the island of Ambon. I subsequently heard that thej^ had been transferred to Hainan .Island. Q How many Australian prisoners were left at Tan Toejr then? A There were 528 A u s t r a l i a n s , and we had b e e n increased with 14 Americans and ( Dutch prisoners, making a total of 548 Q That still leaves fourteen of the Australian prisoners who surrendered unaccounted for. Would you tell the Tribunal what happened to them? A During the period betweer the 3でd of February, 13,945. VAN NOOTEN DIRECT 19425 and the 2(th of October, 1 9 4 2 , one Australian prisoner had died ard thirteen Australians had e s c a p e d . ^ How long did you remain at Ambon Island? A We were recovered on the 10th of S e p t e m b e r , 1945. Q N o w , w i l l you describe to the Tribunal the food that T ..ou received during the period of your teinc a prisoner of war? A For the first three or four months food was reasonably good and sufficient. During the next twenty months period, which brought it to about July, 1943, food was "reasonably sufficient to keep a r,an fit but not sufficient to permit of hard work. The ration consisted of seventeen ounces of rice per day per man and occasional small issues of fish or meat with fairly fresh vegetables and greens. After July, 194-3 the rations became worse, firstly dropping to ten ounces of rice per day, later to eight ounces and then to six ounces, and over the final six months -- six or eight months period, it droDioed to four ounces of rice per man per day. Ar.d during that period there was no fish or meat issue v^hatsoever, fairly regular issues of a very- poor quality sweet potato amounting to approximately 13,946 VAN NOOTEN DIRECT four ounces per mnn, and issues of sweet potato tops and the tips of Kasava potatoes. Q Did you observe how the Japanese were being fed during this time? A Yes. On frequent occasions I was able to observe the Japanese rations being issued, being prepared, and to even observe the Japanese eating their rations. It was always sufficient, although in the- latter period, that is, that last six or eight months, their rice ration was decreased to about fifteen or seventeen ounces per day per man; but they always had quite liberal ration of fish, and any amount of vegetables which had been harvested from gardens which were made not only on the island of Ambon but on the island of Ceram. Q Could vou tell the Tribunal of what available food suppl^ there was on the island in the form of reserve? A I ivas informed "by the Japanese quartermaster that thcro was from one to one and a half year's ration - rice ration-- sufficient for a floating population of from three to ten thousand Japanese. Q When were you informed of this? A In early 1945 and later after the Japanese capitulation. _ _ _ 13,947 VAN FOOTEN DIRECT Q What was the result to the prisoners of the ratiors they were on? A During- the latter eight m o n t h s 1 p e r i o d , w h e n the ration was four ounces of r i c e , there w e r e two months when there was a variationi During the m o n t h of November there was nc rice ration w h a t s o e v e r . The substitute was nine ounces of tapioca flour. The following m o n t h , in D e c e m b e r , the ration was one and a half ounces of rice and about seven and a half ounces of tapioca flour. Q W e l l , n o w , w h a t effect did it have upon the health of the prisoners? A It caused very obvious signs of m a l n u t r i t i o n , great loss of w e i g h t , and was responsible for the death roll mounting to such shocking proportions in the latter three m o n t h s . Q How many died in the last three months? A In May of 1 9 4 5 , 42 mer died; in J u n e , 72; and in J u l y , 94. Q What was the state of h e a l t h of the Japanese at the time of the Japanese surrender? A They were in a pretty good state of h e a l t h . T h e y showed no signs of m a l n u t r i t i o n and no more symptoms or outward signs of b c r i - b e r i than they won]d under normal c i r c u m s t a n c e s . 13,948 VAF NOOTEN . DIRECT 1 Q How were- the prisoners treated as to 2 accommodations ？ 3 A Accommodation； 1 was very good in the early 4 stages. We were confined in the barracks that we 5 had previously occupied prior to the Japanese 6 invasion. 7 Q When did the accommodation change? 3 A From about July, 1942, the Japanese took 9 over six or eight of our huts and used them as 1 0 storehouses for small arms ammunition or foodstuffs. 11 Q And how did this affect the prisoners? 1 2 A It did not affect us very much until when in about November, 194-2, they increased the store 14 15 16 1 7 18 19 20 21 22 23 24 25 by creating a bomb dump of approximately two hundred thousand pounds of high-explosive and armor-piercing bombs right within the camp area. THE, PRESIDENT: We will adjourn until half- past one. (Whereupon, at 1200, a recess was taken.) 13,949 VALi NOOTEW LIRECT A F T E R N O O N SESSlOh The T r i b u n a l m e t , pursuant to r e c e s s , at 1330. ‘ MARSHAL OF THE COURT: The International M i l i t a r y T r i b u n a l for the Far E a s t is nov, r e s u m e d . J O H N C H A B L E S V A N N 0 0 T E is, called as a w i t n e s s on behalf of the p r o s e c u t i o n , resumed the stand and testified as follows: B Y L I E U T . COLONEL M O h M N S (Continuing) Q M r . V a n N o o t e n , before the luncheon adjourn- ment you were telling us of the bomb dump being made in the c a m p . W h e r e w a s that situated w i t h regard to other occupied buildings in the camp? A The bomb dump was situated, w i t h i n two hun- dred feet of our camp h o s p i t a l , v/ithin fifteen feet of the A u s t r a l i a n o f f i c e r s ' sleeping q u a r t e r s , and w i t h i n seventy-five feet of the compound in w h i c h were interned some two hundred to two hundred and fifty D u t c h women and c h i l d r e n . Q W h e n had. these w o m e n and children come into the camp? A After the D u t c h army p e r s o n n e l whc were prisoners had b e e n moved to H a i n a n Island. These Morse &whalen D u t c h wc'men and children whc had b e e n interned in the 13,950. VAN NOOTEN DIRECT town of A m b o n had been transferred and occupied the same compound that these Dutch army personnel had been in previously. Q Was any protest made about the situation of this bomb dump? A Y e s . A protest was mode on several occasions. One occasion I was present, and Captain H o o k , who was then our adjutant, made the protest to IKIUCHエ who was camp interpreter and camp m a n a g e r . THE INTEKPItETER: Was that a navy captain or army captain, M r . Witness? THE WITNESS: A r m y captain. Hook — H - o - o - k . Q W h a t did he reply? A The reply w a s : "Remember your status as prisoners of w a r . You have no r i g h t s . International law and Red Cross convention is dead.". Q Were a n y other representations made at about that time? A Y e s . We made requests and representations in an effort to get our prison camp marked as a prison camp, and to get our camp hospital marked w i t h a red c r o s s . A l l these representations met with a similar r e p l y . Q To w h o m were those representations made? b. In the first instance they were made to 13,951 VAN FOOTEN DIRECT I K I U C K I . He w a s our only line cf a p p r o a c h . W e asked him to pass them o n , and in practically all cases he flatly refused but sometjmes he said: "I w i l l ask headquarters." Q D i d he ever tell you of any reply which came from headquarters? A Not as an a c t u a l reply to a r e q u e s t . B u t on m a n y occasions he said: "It is headquarters * order." Q N o w , w i l l you tell the T r i b u n a l w h a t hap- pened on the 15th of F e b r u a r y 1943? ‘A On the 15th of February 194-3, at 11:30 a.m., the bomb dump was bombed by A l l i e d a i r c r a f t . In the initial fall of bombs the h u t and bomb cases were set on f i r e . The bomb dump did not explode i m m e d i a t e l y . Two A u s t r a l i a n prisoners had b e e n injured in the initial fall of bombs. It was obvious to us that the dump was going to e x p l o d e . Frantic efforts were mode to clear the camp h o s p i t a l , the injured men End the D u t c h w o m e n and children some cf w h o m had also b e e n i n j u r e d . There were a p p r o x i m a t e l y fifty patients in our camp h o s p i t a l at tha t i m e , some of w h o m were stretcher patients and had to be moved to a n area still w i t h i n the camp area b u t a p p r o x i m a t e l y two hundred yards away from the bomb d u m p . A p p r o x i m a t e l y two m i n u t e s elapsed before the dump blew u p . A s e. direct result of the explosion six 13,952 VAN FOOTEN DIRECT A u s t r a l i a n officers end four other ranks were k i l l e d , some twenty-seven D u t c h w o m e n and children were k i l l e d , twenty A u s t r a l i a n s suffered very serious i n j u r i e s , and another seventy A u s t r a l i a n s minor i n j u r i e s . Quite a large number of D u t c h v/oraen and children also were injured by this e x p l o s i o n . Q Did a n y of the injured die subsequently as a r e s u l t of the explosion? A Y e s . Q Y o u cannot say how many? A One Australian officer died as a direct re- sult, and two Dutch women. VAN FOOTEN DIRECT 13,953 Q And what was then the state of the camp? A The camp, which had originally consisted of fifty or so huts, wss flattened with the exception of three huts which were left in a very badly battered condition. Fire swept through the camp and commleted the devastation. Q Were any representations then me.de to the Japanese? A Yes. Immediate representations, and very strong ones, were made to have our crmp hospital marked, with the red cross. The camp hospital had been made in the three remaining huts which were just standing, and the red cross was to be put over the roofs. Permission was granted. A red cross was erected over this hospital building and a few hours later a Japanese four engine flying boat flew low over the camp and made several runs. This plane appeared to be taking photographs. Within a few hours of this plane flying over the camt) we received another order to take down the red cross. This order was enforced. Q Y ^ t was the state of the camp when the plane flew over? MR. LEVIN: Mr. President, we would like to object to that statement of the witness when he said 13,954 VAN FOOTEN DIRECT what the plane appeared t® be doing, and I think th£t that portion of his answer ought to be disregarded. THF PRESIDENT; A commissioned officer in his position could have the necessary experience to justify such testimony. You may cross-examine as to his qualifications at this stege if you wish， Kr. Levin. A The camp presented a very devastated face, Huts, or burning remnants of huts? scattered over an srea of about five or six acres end in the center a few badly battered buildings displaying a red cross. Q "hat happened then to the Dutch nationals who were in the camp? A After having received what little first aid we could give them, they were transferred to the town of Ambon and quartered in whst had been the Bethany Church. After being kept there for a period of about two weeks they were shipped away where,エ subsequently heard, was Mscassar. Q Csn you tell the Tribunal what the conditions were like where they were quartered at the Bethany Church? A They were quartered in a building which was not capable of holding anywhere near the numter at all comfortably; very crowded with no facilities, no latrines except a temporary trench system, no protection 13,955. VAN NOOTEN DIRECT 1 •£gainst aerial bombings, and the church was then in 2 the center of what was practically a continual target. 3 Q On the 15th of February did you take over 4 any particular duties 9 5 A On the 15th of February I was amoointed 6 camp adjutant and made responsible for all the official 7 Japanese contact. 8 Q What provision was then msde for the accommoda- 9 tion of the prisoners? 10 A We had to rebuild our cr.mp without any 11 assistance whatsoever from the Japanese excepting 12 that they did supply e small quantity of atap for 13 r、oof ing. 14 Q Yi/hen the rebuilding was complete was there 15 sufficient accomfflodation? 16 A There was sufficient accommodation providing 17 they crowded the men into the huts, sleeping fifty- 18 two men to a hut,100 feet long and 20 feet wide. 19 Q Now, coming to the 28th of August,1944, 20 what happened on that date? 21 A The 28th of August, 194-4, the town of Ambon 22 was subjected to a very heavy aerial bombardment. On 23 that date about 24 Liberators bombed the area in which 24 our camp v;es loct ted. The Ccmp st this stage wss still 25 used for storing Japanese small arms, food stuffs, 13,956 VAN NOOTEN DIRECT snd had quite a n u m b e r of gun p o s i t i o n s or emplace- m e n t s w i t h i n the camp a r e s . Around the c i r c u m f e r e n c e of the camp there w e r e a l s o s m a l l caliber anti- aircraft g u n s . Q W a s the canp hit? A The greater portion of the canp w c s a g a i n c o m p l e t e l y d e s t r o y e d . Q W h a t c a s u a l t i e s did y o u suffer? A T h r o e A u s t r a l i a n s w e r e killed and f i f t e e n i n j u r e d . Q Prior to this bonbardcient v;as there a n y m a r k i n g s to show it was a p r i s o n e r of w a r camp? A T h o r e was n o m a r k i n g s . Q N o w , how v/as tho cr.np r e b u i l t ? A It WGS r e b u i l t f r o n scaps of t i m b e r that was salvaged f r o m the w r e c k a g e w i t h afc^p w h i c h w e had to m a k e o u r s e l v e s , and the orly l a b o r that w e could use w a s the v e r y s i c k f.en that were left in the c a n p . Q Well? n o w , w h a t was the t o t a l of camp acconuno- d a t i o n y o u had then? A 'Ve m a n a g e d t o rebuild e i g h t h u t s . Q Did they provide sufficient Gccorunodation for the m e n s t i l l left alive? . A They provided aeconnodation on the scne standard r.s p r i o r to the b o m b i n g . 4 6 7 9 0 12 13 4 6 S 20 22 23 、4 25 w:o l f & sprat t VAN NOOTEN DIRECT 13,957 2, 3 4 5 6 7 8 9 10 ll' 12 13 14 1 5 16 17 18 19 20 21 22 23 2 4 25 Q ,fT hat happened to the sick? A The sick were forced to live in the same hut, that i s , one hut was set aside for all n e n w h o were s i c k but were n o t , in the Japanese o p i n i o n , sick enough to go into the h o s p i t a l . Q W e l l n o w , vjith regard to c l o t h i n g , w h a t was tho c o n d i t i o n w i t h regard to that? A Over the w h o l e poriocl at the p r i s o n camp the Japcnose issued a quantity of l a p - l a p s , w h i c h •wonid be sufficiont for a b o u t one per n a n , and also three bolts of s h i r t i n g , k h a k i s h i r t i n g . Q W i t h regard to footwear? A F o o t w e a r wr.s always very s h o r t . W e had quite a large stock of A u s t r a l i a n arr.y boots prior to the Japanese i n v a s i o n , a n d after they had taken the smaller sizes from that s t o c k , o n s e v e r a l occasions t h e y issued us v/ith the remaining p a i r s , b u t never sufficient to m e e t our r e q u i r e n e n t s . Q T h e n w i t h regard to fdotwear and c l o t h i n g , how were the survivors dressed on the date of the Japanese surrender? A Of the 123 n e n w h o r e c o v e r e d , a p p r o x i m a t e l y one-third would have footwear other than improvised sandals or clogs, r.nd that footwear is what we would t e r n -unserviceable* E v e r y nc.n had at least one pair 1 3 , 9 ^ 8 VAN NOOTEN DIRECT 2 3 4 5 6 1 8 9 10 ii 12 13 14 1 5 16 1 7 18 19 20 21 22 23 24 25 of shorts w h i c h had b e e n cade up fron the s h i r t i n g that had b e e n supplied by the J a p a n e s e . Q And 羽as the clothing adequate during t h e period of y o u r confinement? A It vias sufficient to k e e p the m e n d e c e n t l y c l a d . It could not be classed as a d e q u a t e . Q N o w , coning to the t r e a t n e n t of the s i c k , w h a t was the p o s i t i o n w i t h regard to m e d i c a l supplies? Ii .Medical supplies at all tines were inade- quate « The canp h o s p i t a l was r u n under a senior m e d i c a l o f f i c e r , C a p t a i n D a v i d s o n , u n t i l he w a s killed on the 15th of F e b r u a r y , 1 9 4 3 , from a b o m b b l a s t . Q T h a t steps were taken to secure m e d i c a l supplies f r o n the Japanese? A R e q u i s i t i o n s in w r i t i n g w o r e n a d e n o n t h l y , and if ever c i r c u m s t a n c e s r e q u i r e d -- special cir- cunstances required anything a d d i t i o n a l over and above iffhat we had requisitioned f o r , special r e q u i s i t i o n s w e r e put i n , t o o . Q Did y o u r e c e i v e the supplies y o u requisitioned for? 免 W e never received the requisit上en in f u l l . O c c a s i o n a l l y , we reccivod the m o r e u n n e c e s s a r y i t e m s . Q W e l l , n o w ， coning to 1 9 4 3 , w h a t w a s the 13,959 VAN FOOTEN DIRECT c o n d i t i o n of the n e n in h o s p i t a l s ? A A large n u m b e r of the n e n were s h o w i n g symptoms of beri-beri r.nd malnutrition in 1943 and the h o s p i t a l - - Q And w h a t supplies did y o u get for their treatment? A T o c o m b a t b e r i - b e r i , n o t h i n g . Q r r till，now, w e r e a n y of the m e n s u f f e r i n g f r o m t r o p i c a l ulcers? A F r o n 194-3 onwards t r o p i c a l ulcers w e r e v e r y n u c t '.v. viclenoe. In late 1 9 4 4 to the end of the war tho greater nunber of nen in the camp had terrific t r o p i c a l u l c e r s . Q W h a t m e d i c a l supplies w e r o p r o v i d e d for their troatnent? A On s e v e r a l occasions WG r e c e i v e d a fow grains of i o d o f o r m , v e r y limited! numbers of b a n d a g e s . エ can r e c a l l one p a r t i c u l a r o c c a s i o n w h e n w e had over 200 m e n s u f f e r i n g from, t r o p i c a l u l c e r s , v a r y i n g i n sizes f r ^ n a s n a i l t r o p i c a l ulcer up to the stage w h e r e it covered p r a c t i c a l l y the w h o l e of the l e g . T h e s u p p l y of b a n d a g e s was one b a n d a g e to cover the- w h o l e camp for one m o n t h , ,Q N o w , for the p e r f o r m a n c e of o p e r a t i o n s , w e r e a n y i n s t r u m e n t s provided? VAN FOOTEN DIRECT 13,960 A No instrmerits were provided for the use of the c a n p . On one occasion when an a m p u t a t i o n had t o be performed a request was made for the necessary instr-unonts. T h e s e instruments were p r o m i s e d , but were not supplied for a period of three d a y s , and this seriously jeopardized the p a t i e n t 1 s chances of recovering. He subsequently died. The few instru- nents that we clicl have were i n a d e q u a t e . T r o p i c a l ulcers had to be cut w i t h v e r y blunt scissors and scalpels0 Other operations were performed, one, another an^ntatiicn, vras about f o u r inches above the k n e e , had to be perforred w i t h a b u t c h e r f s knife and a butcjher : s sav;» Q N o w , w i t h regard to a n e s t h e t i c s , were they provided? A On s e v e r a l occasions we were provided w i t h snail quantities of a n e s t h e t i c , but no local anes- thetics , a n d the m a j o r i t y of the anesthetic provided w a s c h l o r o f o r m , no e t h e r . Q W e l l , n o w , w i t h regard to patients w h o died or prisoners w h o d i e d , were any certificates sub- mitted? A Death certificates hacl to be supplied to Japanese headquarters for every n a n w h o d i e d . Besides showing the u s u a l particulars of the r.ian, his r a n k , 13,961 VAN NOOTEN DIRECT 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 L8 1 9 20 21 22 23 24 25 n e x t of k i n , the cause of d e a t h had to be s t a t e d , and the d o c t o r f s diagnosis was v e r y r a r e l y t a k e n . A n y diagnosis w h i c h indicated that the patient died of starvation or n a l n u t r i t i o n was i m m e d i a t e l y altered b y the J a p a n e s e . T h e y forced u s to say that he died w i t h beri-beri or some other d i s e a s e . THE P R E S I D E N T : W h a t w o u l d y o u say is the cause of beri-beri? T H E W I T N E S S : L a c k of v i t a m i n B - l in the d i e t . Q F e l l , n o w , coning to A p r i l , 1 9 4 5 , w i l l you t e l l the T r i b u n a l about a series of experiments w h i c h took place? A Nine g r o u p s , each consisting of ten m e n , and e a c h group consisting of m e n of similar c o n d i t i o n , that i s， one group would consist solely of men v/ho w e r e hospital patients and suffering from b e r i - b e r i ; another group would consist of patients v/ho were not i n hospital but w h o suffered f r o m b e r i - b e r i ; another group cons is ted of men who were a little stronger; or another group would be of reasonably fit men. A Japanese m e d i c a l officer then took n blood test of e a c h n a n of a l l - - o f each of these g r o u p s . T h e y then gave a course of injections,injections that w e r e supposed to te v i t a m i n B - l and c a s e i n e . A f t e r 13,962 VAN NOOTEN DIRECT 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two or three days a f u r t h e r i n j e c t i o n w a s g i v e n , this time of T . A . B . , and the c o u r s e of i n j e c t i o n s con- tinued over a p e r i o d of one m o n t h . D u r i n g this period c e r t a i n groups r e c e i v e d a s l i g h t l y i n c r e a s e d r a t i o n . T h e a d d i t i o n a l r a t i o n c o n s i s t e d of 150 grans of sweet p o t a t o and about 200 grams of s a g o . If a n a n w a s s t i l l a l i v e at t h e end of the one m o n t h ' s p e r i o d a f u r t h e r bloocl test wss t a k e n . Q W e l l , d i d a n y of the m e n d i e d u r i n g this course? A Of the m e n w h o w e r e in the c l a s s i f i c a t i o n of being v e r y s i c k , w h o w e r e h o s p i t a l p a t i e n t s , v e r y few survived the p e r i o d . Q C a n y o u s a y how m a n y a l t o g e t h e r died during this e x p e r i m e n t a l course? A A p p r o x i n a t e l y 5 0 . Q W e l l , n o w ， coming to t h e w o r k t h a t w a s done b y p r i s o n e r s of w a r in the c a m p , w h a t did that con- s i s t of? A D u r i n g the first two or three m o n t h s , v e r y li t t l e w o r k . A f t e r that, w o r k c o n s i s t e d of r o a d - m a k i n g , road r e p a i r i n g , d i g g i n g t r e n c h e s , t u n n e l s , loading and u n l o a d i n g s h i p s . T h i s e n t a i l e d h a n d l i n g of a l l sorts of c a r g o e s . C a r g o e s c o n s i s t e d of bombs and airanimition, g a s o l i n e , c o a l , f © o d s t u f f s , and ‘ 13,963 VAN NOOTEN DIRECT 2 3 4 5 6 a a r c h a n d i s e . Q ^'hat other w o r k having particular r e l a t i o n to the war was done? A D i s p o s a l of unexploded b o n b s , delousing of mine f i e l d s , transporting bombs and a m m u n i t i o n . Q W e l l , n o w , w h a t was the p h y s i c a l c o n d i t i o n of the m e n w h e n they were engaged on these tasks? A F r o m the end of 1943 onward p h y s i c a l condi- t i o n became gradually worse u n t i l , fron the m i d d l e of 194-4, the m e n w h o w e r e required to work were in a n indescribably low c o n d i t i o n . Q r 'ell, n o w , w h e n y o u sr.y, " i n d e s c r i b a b l y low," v;hat did they look like? A A l l the m e n at this stage were thin and e m a c i a t e d . M a n y could not w a l k unless w i t h the aid of sticks or c r u t c h e s , r.nd almost all had lost w e i g h t . A raan who would normally weigh 160 pounds was still w o r k i n g w h i l e w e i g h i n g 80 pounds or 9 0 . Q Could y o u give the T r i b u n a l any instances of men's deaths being caused by the tinreasonable nature of the w o r k they were required to do? Take Private T u l l e t t as a c a s e , p l e a s e . A Private T u l l e t t was a member of a working party v/hich in D e c e m b e r , 1 9 4 - 3 , the 8th of D e c e m b e r , 1 9 4 3 , they were required to w o r k at the ship yard VAN FOOTEN DIRECT 13,964 T h e w o r k entailed swimming out to a small craft and floating timber into the s h o r e . The distance •would be about 200 or 250 y a r d s . Q '.Vhat happened to him? A Private Tullett was d r o w n e d • 13,96? NOOTEN DIRECT Q With regard to the cracking of bombs, will you tell the Tribunal v/hat happened? A One party was ordered by the Japanese which was to consist of five men. They were requisitioned to do 'blacksmithirg work. Specialists were not re- quired . T h e task was to crc.ck open five hundred -pound high explosive bombs r.nd prize out the picric acid explosive coirpcund. The system；, as instructed by the Japanese supervisor 5 was to break up the compound with the use of a metal haminer and a metal gad This system continued despite protests made by the men who . were working on the job. Q What happened? A One of these bombs exploded killing one man outright and inflicting shocking casualties一一injuries on three ethers。 These three men died within two days. Q Well, row, coming to November of 1944 and the job of "long carry," will you tell the Tribunal about that? k The "leng carry’ 1 Y\/as a name prisoners gave to a task of carrying cement r.nd bombs from a village called liitoemori to Batoegon. These villages were both situated on the northeast coast of xjnbon, both on the sea front。 The overland trip "between these two villages would te approximately eight miles over 13,966 VAN NOOTEN DIRECT a very tortuous track. The prisoners were required to carry., firstly；, one 90-pound bag of cement each over this track and when the cement had been completed, it was a^out three weeks after the start of the job, they were required to carry 150-pound bombs between two men. The track was of such a nature that men had to proceed on all fours on many occasions« The work party would commence at 0630 and continue until 1930 each day. Men would be driven along this course by guards who were traveling with very light equip- ment only. After the work party had been in operation for about a week, men were in the most cases exhausted and, in our opinion, and in the doctor 1 s -- according to the doctor's instructions -- not capable of ca.rry- ing out the job. Nevertheless, they were ordered to carry out the work and would, be extremely exhausted on returning to camp. On many occasions men would be carried back into camp and on some occasions these men were unconscious; and on at least one occasion the man was admitted immediately to the hospital and never regained consciousness ,： Each day the Japanese would requisition for at least ten or fifteen more men than we could supply. The normal morning procedure was then to call out all the sick men and select those that they VAN FOOTEN DIRECT 13,967 considered capable of doing the job. These m e n , m a n y of whom could w a l k only w i t h the aid of a s t i c k , w e r e then forced to carry these loads over the "long carry" course. Q W h a t rations were they getting at that time? A In N o v e m b e r , 194-4, the ration was no rice and nine ounces of tapioca f l o u r . Q Could this lime and these bombs have been carried more easily in another w a y ? A Y e s , both the villages w e r e on the s e a c o a s t . The Japanese had a large number of landing barges and other barges w h i c h were available to do the ；job and the cement and b o m b s , once they had been transported to H i t o e m o r i , were n e v e r u s e d . THE PRESIDENT: How could m e n in that condi- tion be made to carry such loads o v e r such a course? THE W I T N E S S : The guards w h o accompanied the w o r k party were armed with pistols and each carried a p i c k handle or its equivalent, and m e n would be driven over the course by the use of a pick h a n d l e . THE PRESIDENT: W e w i l l recess for fifteen minutes• (Whereupon, at 1445, a rocess w a s taken u n t i l 1 5 0 0 , after w h i c h the pro- ceedings were resumed as follows:) 13,968 VAN NOOTEN I IRECT THE PRESIDENT ； Colonel "orna?ie. B Y LI3TJT. COLOKSL 腿 N A N S (Continuing): Q You have tolc us how the Japanese called — •vent through the sick parades to get men to w o r k . マoula they ever go through the hospital for that purpose? A Y e s . On m a n y occasions when we could not supply the numbers that they demanded they would go through the hospital and endeavor to select them from t h e m . Q And what would they GO there? A I have seen the Japanese camp manager and individual guards order men up out of hospital b e d s . If they said th^t they were ineapabls of g«ing to w o r k they would beat them until they did get out. Q ''/ill you tell the Tribunal about the cgse of Private Wilkinson? A Private 'Vilkinson was one of those patients 叩ho were forced to go to work daily but ’?jho, in the Japanese opinion, were not qualified to become mem- bers or patients in the hospital. One morning when we could not supply the numbers demanded by the J a p a n e s e , guards made a round of the sleeping huts anじ any man who w^ s found lying on his bed was beaten until he came out on the r o a d . A guard saw Private 4 6 7 8 9 0 11 12 1 3 1 4 16 17 L8 1 9 20 22 2 3 24 25 r uda & Eder 1 3 , 9 6 9 VAN NOOTEN LIRECT '•V ilk in son on his bed covered with a blanket. He pulled the blanket off and had struck several blows before he realized that Private '""ilkinson was dead. Private Wilkinson had died before we could aemit him to hospital. Q What did he die of? A Malnutrition, beriberi, and sheer exhaustion. Q Well, now, did the medical officer ever try to prevent the Japanese frora taking sick men to work? A Yes. On many occasions he tried to prevent it, but although he was allowed to run his ovm sick parades and treat his own hospital patients, his aavice was very rarely taken by the Japanese. 'く And what 一一 was he subjected to ill-treatment c?n that account? A He was often threatened with punishment but I could only recall one occasion on which he was actually struck. Q Ihen these sick men were taken out from the hospital, have you noticed what happened to them then? A They were taken from the hospital out onto the camp roacl,where they were lined up with a work pirty to go out of camp. If they protested about going to work, they were struck. If they were Incapable of standing, even, in the line, if they VAN NOOTEN DIRECT 13,97。 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 15 16 17 18 1 9 20 21 22 2 3 24 25 f e l l and c o l l a p s e d , they were kicked w h i l s t on the g r o u n d . Q T e l l the T r i b u n a l about the case of Private J„ F . S m i t h . A Private S m i t h , on the particular aay in q u e s t i o n , was not detailed for a p a r t y . He had been classified as too sick to v/ork. But some of the other members who haa been detailed for the w o r k party had collapsed and he was ordered by the Japanese to take their p l a c e . He was standing in the "/ork p a r t y , leaning on a s t i c k , shoeing he was obviously suffering great pain from a tropical u l c e r . He was also very thin ana ^eak, and ''vhen asked what was the matter with h i m , his reply to IKEUCHI, the camp m a n a g e r , was to the effect that he could not work because of his tropical u l c e r . He was then struck and IK3UCHI d e l i b e r a t e l y kicked his tropical u l c e r . Kicking and punching continued until Private Smith was able to get onto his feet a g a i n . The work party was scheduled to do gardening about tvjo miles out r:f our camp a r e a . Tho.v had to w a l k to the gardens, ana Private Smith collapsed after he haa gone about 20C y a r d s . He was again kicked and punchsd by IKEUCKI and then permitted to come back to c a m p , but was forced to continue working in sight of 13,971 VAN FOOTEN DIRECT the guard for the rest of the d a y . T H E P R E S I D E N T : Have you finished w i t h the "long carry"? LIF COLONEL M O R N A N E : Y e s , sir. THE P R E S I D E N T : W h a t were the deaths on the "long carry"? THE W I T N E S S ; I can only recall one mon w h o died on the "long carry" or at the completion of the "long carry,'! but m a n y men were left in such condition that they died during the next tvo or three m o n t h s . THE P R E S I D E N T : W h a t proportion died? THE W I T N E S S : At least s i x t y per cent of the men who，vere engaged on the "long carry" died at some period immediately f o l l o w i n g , or prior to the date of r e c o v e r y . Q N o w , w i t h regard to inward m a i l , aid you receive any? A In p e c e m b e r 1943， one batch of about eight hundred letters arrived at the c a m p . These letters were addressed to men who were prisoners on A m b o n or w h o ha^ been transferred to Hainan I s l a n d , and sqme to men w h o were in units based on R a b a u l and T i m o r . Q How many were to men still in your camp? A About four h u n d r e d . • ， r 13,972 VAN FOOTEN DIRECT C Wat happened to them? A A very f e w , about twenty or thirty l e t t e r s , were given o u t within one week to v a r i o u s indi- viduals in the camp. Later on the camp manager adopted the attitude o f , as a man ？/as dying in hospital be w o u l d give him a l e t t e r . The main bulk of letters were delivered to the camp about a fort- night prior to the end of the w a r . 0 Do you m e a n the main bulk of that four hundred? A Y e s . C 1 Fere you permitted to forward any requests to your own government? A N o . 0 Or to any protecting power? A N o , we had no communication with anybody at all outside the c a m p . 0 W e l l , n o w , with regard to discipline and p u n i s h m e n t s , how ？;as discipline enforced? A It was enforced in the main by summary p u n i s h m e n t . Q Of what nature? A P h y s i c a l b e a t i n g s , p u n c h i n g , k i c k i n g , and minor forms of t o r t u r e . 0 ^ a t were these minor forms of torture? 13,973 VAN FOOTEN DIRECT A A prisoner w o u l d be forced to stand in front of tbe guard with a heavy boulder held above bis head for any period from an hour to two or three b o u r s； forced to stand at a p o s i t i o n of a t t e n t i o n , only with knees b e n t , for long periods 5 being forced to assume the body press position and hold it for quite.long periods u n t i l c o l l a p s e . 0 How often did such punishments take place? A Over the last twelve months they w e r e practically a daily o c c u r r e n c e . C In July of 194-2 did you s e e any ill- treatment of the Dutch? A Y e s . Some Dutch men had been apprehended when they w e r e endeavoring to pass letters to their wives who were interned in a civilian internment camp in the township of A m b o n . Q 珊-at happened as a result of that? A About t M r t y Dutch officers and NCOs were taken to a position in front of Japanese head- quarters - - t h e headquarters was situated about twenty yards outside our prison compound and over- looking it. About forty J a p a n e s e , who were a mix- ture of guards and marine p o l i c e , were then instruct- ed to beat t h e m . The beating was carried out w i t h pick h a n d l e s , iron star p i c k e t s , c h a i n s , sticks, 13,974 VAN NOOTEN DIRECT pieces of v/ire, anything that the guards could put their hands o n . The beating lasted for about two or three h o u r s , and as a d i r e c t r e s u l t three Dutch men died and there w e r e eighteen stretcher c a s e s . Puite a few of them were suffering from broken limbs es w e l l as abrasions and c o n t u s i o n s . 12 13 14 15 16 17 18 19 20 22 23 24 25 13,975 VAN NOOTEN DIRECT Q Upon whose orders were these wen beaten? A Naval Captain ANDO who, at that stage, was in cc卿ai^d of the garrison. Q Now, I want you to come to the treatment of four Australians ir November of 1942. A In N o v e m b e r , 194-2, four Australians were apprehended outside the prison camp compound at night. They were taken to Japanese Headquarters overlooking our camp and beaten and questioned for the remainder of the night, which was abcut three or four hours. Efforts were made to gain information from them which would other members of the camp. When no result -- results came from this interrelation and beating, a message was promulgated to the priscners of war telling-- ordering all those whe had been out of camp to come forward. These men on the parade were informed that, if they ad- mitted to their guilt, they would receive only a light punishment. Some men came forward, but the Japanese authorities considered that there were more and called ir) some natives from a neighboring village on an identification parade. Q As a result of this parade, how many did th'e Japanese consider implicated? A Twentv-five‘men. 4 6 7 8 9 10 11 12 1 4 15 16 7 8 9 20 21 22 23 24 25 Gr99nb. ,e i 1 r j つ i d b g VAN NOOTEN LIRECT 13,976 Q What was done to their? A They were all beaten and q u e s t i o n e d , a n d , over varying p e r i o d s , sometimes from two days up to eleven days from the beginning cf the p u n i s h m e n t . S o m e were returned to camp. They finally kept eleven men and took them away from the cairp. About a m o n t h later re were informed that they had beer, e x e c u t e d . A f t e r the war was c o m p l e t e d , I was informed by the Japanese that these eleven men had been executed by decanitation or the 26th of N o v e m b e r , 1 9 4 2 . Q Were other tortures than those you have mentioned inflicted on the twenty-five or any of them? A Y e s . During the night individual guards w o u l d thrust cigarette butts into these men's n o s e s一 - n o s t r i l s , ears, and stub them on their backs. I saw ore man w i t h his wrists bound together Ti/ith w i r e . He was suspended from the brarjch of a tree so that his toes would just touch the g r o u n d . Q Did any of the fourteen w h o were not executed go irtc the hospital? A One m a n , Sapper K e n n e d y , w a s admitted tc the h o s p i t a l and was an inmate for three w e e k s . Q W h a t was he suffering from? A The d o c t o r ' s diagnosis v;as internal injury 13,977 VAN FOOTEN DIRECT in the v i c i n i t y of the k i d n e y s , also a c o n c u s s i o n . Q Did y o u see the treatment of Private Tait on a subsequent o c c a s i o n ? A Y e s . P r i v a t e Tait was-一whilst a m e m b e r of a w o r k p a r t y he e n d e a v o r e d to s o u v e n i r a pair of binoculars. When he was apprehended, he was giver s u m r a r y p u n i s h m e n t by the guards w h o were on the s p o t , and on his r e t u r n to c a n p , it w a s reported to the Caron Co-iriander and the Cairn M a n a g e r . They o r d e r e d that he be p u n i s h e d , and the p u r i s h m e n t -. took place w i t h i n the camp area ir. frort of the g u a r d h o u s e . I was forced to be p r e s e n t t h r o u g h o u t the whole of the punishment, and the punishment con- sisted of about one hundred strokes with a pick h a n d l e . W h e n Tait was no longer able to s t a n d , he was b e a t e n w h i l s t o n the g r o u n d . W h e n he lost c o n s c i o u s n e s s , . h e was doused w i t h cold water in an effort to bring him b a c k . E f f o r t s to have the p u n i s h - m e n t r e d u c e d m e t w i t h no s u c c e s s . Q A f t e r l o s i n g c o n s c i o u s n e s s , did he i a g a i n recover c o n s c i o u s n e s s ? A On two o c c a s i o n s he r e c o v e r e d c o n s c i o u s n e s s . O n the last o c c a s i o n I managed to receive p e r m i s s i o n to have him admitted tc our camp h o s p i t a l and he r e c o v e r e d c o n s c i o u s n e s s t h e r e • 13,978 VAN NOOTEN LIRECT Q W h a t happened to y o u w h e n y o u intervened? A エ was struck on several occasions for trying to intervene on his b e h a l f . Q What hapnened to Private T^it the following rporning? A The Camp Manager IKEUCHI came around to lock for Tait the following m o r n i n g and found that he was in a h o s p i t a l b e d . He then beat hin 1 w i t h his walking stick and ordered that he lie on a concrete floor w i t h one blanket o n l y . Q What e v e n t u a l l y happened to Tait? A Prior to this beating Tait was suffering from slight b e r i - b e r i , and irnnediatelv following he appeared to suffer far more; the beri-beri con- dition had been a g g r a v a t e d . Q And w h e n did he die? A About six months l a t e r . Q N o w , w i l l y o u tell the T r i b u n a l about Privates Schaefer and E l m o r e ? A In, I t h i n k , A p r i l , 194-5, Private Schaefer and Private Elmore escaped from the prison compound and were at lar-ge for about a f o r t n i g h t . _ Schaefer was recaptured and brought back to the cairp a r e a , forced to divulge his rethod of escape and i n t e n t i o n s , and was then taken away a g a i n . A few days later, I VAN FOOTEN DIRECT 13,979 was ir.formed b~> Japanese Headquarters that he had been executed by decapitation. Q With regard to Private E l m o r e , what happened to him? A About a w e e k after S c h a e f e r 1 s recapture, Elmore was captured; and, according to the Japanese re-oort made to ice at the time, he was suffering froTC dysentery and died a d ay after being captured. Q Now, I 'A-ould like you to tell the Tribunal about what happened to Corporal Solomon and three other prisoners on the 18th of A p r i l or thereabouts. A A work party of about fifteen men were engaged in digging a tunnel in the vicinity to the Janarese ration store. Some members of the work party had beer successful in getting some of these rations seme of which thev consumed on the spot; others they managed to smuggle back into the camp a r e a . Japanese Marine Police, having found the loss, searched the camp area. They found signs of foodstuffs in the camp and called a parade of those who had been working in the area. Q As a result of the questioning, did four men admit having taken foodstuffs? A Four men admitted after they had been promised that, if they did accept the responsibility, they 1 3 , 9 8 0 VAN NOOTEN DIRECT would rot be punished severely, Q And w h a t h a p p e n e d then? A T h e y v;ere giver hard labor w i t h i n the camp area for a ^ e r i c d of about t e n days and t h e n t a k e n a v a y w i t h their hands b o u n d ; and a few d a y s ! l a t e r I was inforired that they^ t o o , had b e e n e x e c u t e d "bv d e c a p i t a t i o n . Q Whc i r f o r m e d " •一 THE PRESIDEKT? I n f o r m e d b y w h o m ? THE WITKESS: IKEUCHI, the Camp Manager, i n f o r m e d m e ir: the first i n s t a n c e； a n d , on c o m p l e t i o n of the 伲ar, I w a s informed b y C o m m a n d e r of the G a r r i s o n t h r o u g h h i s i n t e r p r e t e r , and he also showed m e the location of their b u r i a l . B Y L I S U T . C O L O N E L M O R N A K E ( C o n t i n u e d )； Q Did he t e l l y o u who w a s in charge at their e x e c u t i o n ? A Y e s . A t the sane tire h e told m e who w a s in c h a r g e of the e x e c u t i o r of P r i v a t e S c h a e f e r , and i n f o r m e d re that he had no records w h a t s o e v e r as to w h o o f f i c i a t e d the e x e c u t i o n of the p r e v i o u s e l e v e n . The n a m e s of the J a p a n e s e w h o o f f i c i a t e d w e r e L i e u t e n a n t H O N J I on one o c c a s i o n and L i e u t e n a n t U E D A on a n o t h e r . Q And who v;ere the p r i s o n e r s e x e c u t e d o n this o c c a s i o n ? 13,981 VAK 2TOCTEN DIRECT A There was Corporal Solomon, Private Wadham, Sapper Morrison and Driver Simpson. Q r'ow, -omins to the case cf Private Boyce, on the 11th cf July, 1945, will you tell the Tribi nal vi/hat happened in respect to hiir»? A Private Boyce was also apprehended with rations which he secured whilst on a v/ork party. He was punished sumtrarily and then taken to police headquarters at Lateri where ho ^.s tied nv and questioned further. Ee was later returned to our camp area where he was put ir- a solitary confinement cell and tied with his hands behind his back. He wa? kept in. solitary confinement for about ten days, allowed one ireal per day, and about every second day- was allowed to have trestirent for a very bad tropical ulcer. Private Boyce broke out of his solitary confinement cell and went through the carp in an effort to get rnore food. His absence was noticed by a guard, and he ？;as recaptured and tied to a Dcst in front of t^e guardhouse. The following morning he taken away on a truck together with some Japanese guards who were armed with rifles and another party with picks and shovels. About a v^eek later IKEUCHI irforriicd me that he had been executed. After the end of the war I was informed that Lieutenant 13,982 VAN FOOTER DIRECT S H I M A K A W A , who was our Camp Corarandant, was in charge of the firing squad that she t Private B o y c e . Q . Whc informed you of that? A Colonel K A T S U D A , who w a s S t a f f Officer to C o l o n e l S H I R I Z U , the Coimnander of the G a r r i s o n . THE ？PRESIDENT: Are you about to break ne双 ground? LIEUT. COLONEL MOBNAKE: Y e s . THE P R E S I D E N T : We w i l l adjourn until half- past nine tomorrow m o r n i n g . (V/hereupon, at 1 6 0 0 , an adjournment was taken until T u e s d a y , 31 D e c e m b e r 1946 at 0930.)( M o n d a y , 3〇 December 194-6 INTERNATIONAL KILIT/JtY TRIBUNAL FOR THE F m EAST Chainbors of the Tribtinc.l 7Tnr Ministry Building T o k y o , Jc.prn PROCEEDING IN CHAMBERS On Paper N o . 623 - ；:.pplic" tion of the prosecution for leave to present the Fronch aspect of Class B and G Offenses in the French language. Before: H O N . SIR FILLI/l: FJ3BB, President of the Tribunal and Menbor from the Conrionwga 11h of Australia. Reported by: JACK GRISNBERG Chief Court Reporter IMTFE. Appearances； For the Prosecution Section; m . FRANK S . TAVENIIER, JR..; M R , ROBERT ONLTO, Associate Prose- cutor for the Republic of France 5 cncl MAJOR R . DEPO, French iirny. For the Defbiise Sections M R , W I L L m . LOG.'.N, J E ” Counsel for the Accused K I D O , Koichi1 and IER. GEORGD C . WILLIAM, Counsel for the Accused HOSHIKO, N a o k i . For tho Office of the General Secrutr.ry：, IMTFEs m . CHiSLES A . liANTZ, Clerk of the Court, (The proceeding vjas be gun at 0900.) THE PRESIDENT； This is Papyr N o . 623. Iセ is an apri'licntion by the prosecution for lesve to •ores nt the French case in the French language in respect of Class B and C offynses. F t . On'eto. m . 0 H T 0 ; I'X. President, I respectfully request froi:̂ your Honor tha privilege to be ac"".ritted to pr^synt, with my cssistrnt I:c:jor D e p o , the French phase of the c c s o , l i k e the； first tine, in French in reserve of the difficulty 恥 have -- Major Depo and. I -- to pre sent this Thase in a sufficiently fluent Snglish, in the s.:.:r.e condition thct 'last tine the Court has cgrted. THE ?RL,SIDi:,FT; Just to th^ seine extent? M R . OKiTO: Y e s . THi PPi^ID^NT You do not went any further concessions? 。 ノ F L i ^ s Thary is, nossilDlj、one ^hase •"一 thc.t synopsis 一一 which should be in French instead of in English. THh； PKID:,i>T; The synopsis will be trans- lated sirmltaneov.sly. Thord will be no objection. L R , H N N l i ; R : YJS . TH」P?dSIDiI、!Ts wirt do you sc.y, Ilr. Logan? i/iR. L0G-U\T. T;7e. hc.vu clrecdy not-^cl our objections previously to tho conduct of the case in any other lan-^ur. than '.inslish or Japr.nose, and we just renew our objections at this tire. Tlir PRii' ID^mT; I will grant th« application under the s&mj conditions . .s before; b u t , in addition the synopsis m y be retd in French provided tlurt； is a sirr] taneous trc.nslc.tion in English and in J\pr.n- ese so thct. no tire will be l o s t . K R , OICiiTO: Your H o n o r , may I c.dd also that we eypoct the r.rriv.3.1 of a French witness ； end does thy Ccvurt n^rtJii so th t I exこninti this witness in Fryiich with siEraltGnuous .translation in English and in Jcpr.nese? This witness will not be こbit to speak English nnc1 do^s not unci erst .nd. English. TL：.： PRI.ilDr.FT; You li-,ve c.n absolute right, if you call a person who cc.nnot speak I n^lisli, to exaLiinti liir in his ovm langf.c.ge 5 there is no diffi- culty about thnt. I ® . LOG.II：• I:r. President. TKL; PRi;£IDLJFT ； In f a c t , we insist — we would have to -一 unless lid s p o k e , say, sone sort of E n g l i s h . Then vie mi?lit hav^ an option. B u t , if a v^itness ^ho does not speak English -^11•マ；?.nts to speak F r u n c h , hj is .llo^'ucl to c!o s o .エて applies to r.ny foreign lcr^iiaKe. M R . LOG. Ns M r . President, scire tine ago jrou. granted us otir applic, tion to bring up this question of recess this morning • in open court. v'e ere pr^-p. .r^o to go ah^c.d v/ith it with sirmltenuous trcnslc.tion. THii, PILjSIDJT This morning； that's good. (vrheroupoii,r.t 0910，the proceed- ing vias concluded •)
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December 30, 1946 (p.13,678-13,982) Proceedings in Chambers
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