AtoM
David Conde fonds
International Military Tribunal for the Far East
Trial transcripts
Conde, David W.
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Fridcy 3 Janur.ry 194-7 INTERNATIONAL MILITARY TRIBTJI.)—AL FOR THf FAR FAST Chcmbtrs of the Tribunal I'Jzr Hinistry Building Tokyo, Jc:prn PROCEEDING IN Cfli'JffiFRS Pfper No. 628 prosecution under Rule IFS J^ptment: . 8466 On - A n p l i c c t i o n of thr 6(b)(1),pertaining to ', , 8 4 6 ? , 8471 f.nd 8478. Ecfore; HON。SIR WILLIAM 爾B , President of the Tribunal end Member from the Commonwer.lth of Austrclir；. Reported Toy； F . M . ,Fr HALFN Oourt Reporter II.ITFE • 2 APPIARANCESJ For the Prosecution Section; MR。FRANK S。TAVEKKFR 5 JR.； CAPTAIN JAHIS J. ROBINSON.; USNRj MR。 CバRLISLS 「へ HIGGINS; end COMMANDER CHARLI： S T . COLE , US 皿。 For the Defense Scction; M R . WILLIAM LOGAN 5 JR。, Counsol for the Accused KIDO, Koichi； M R . GFORC-r F . BLF"TTT, Counsel for the Accused TOJO, Hideki; rnd MR。 MICHAEL LEVIN, Counsel for the Accuscd. SUZUKI, Teiichi. For the Officc of the Gcncrrl Sf crct-ry, IMTFE.: MR„ CHARLES A . MANTZ, Clork of the Court. Proceeding was begun at 1300. THE PRESIDE放Ts This is paper 628, an appli- cation on behalf of the prosecution under Rule 6(b)(1) in respect of documents 8466, 8467， 8471 and 8478. Captain Robinson, is it? C^PTa1i\i h O B I N _ : Yes, sir. These are transcripts for the most part in the case of the first two requests, and paragraph 3 of page 3 is for ex- cerpts from an official report of the Dutch Govern- ment on a Dutch hospital ship. H LOGkN: Excuse m e . Maybe エ can cut this short. The defense does not desire any excerpts. THE PRESIDENT: You have no objection to the application? M R . LOGIIN: No, none at a l l . TLE PRESILEhT: The order as prayed. kit. LOGaK: But there is something that we would like to discuss at this time, and thst is Rule 6 ( b ) ( 1 ) w i t h respect to defense. .̂s you know，many motions were made by the prosecution, and エ know of no instance there their application was denied. And in reality the exception of the rule has really be- come the rule itself. In order to make these appli- cations involves a great deal of tine and work and effort, and v;e were wondering if whether or not the prosecution would have any objection to e waiver of that portion of the rule that we should make such an application for permission to have excerpts from any documents on the defendants' case* H HIGGIWS: VJe think that the application of the rule as stated has been very beneficial and kept the record, down within reasonable bounds, saved time. It ought to be continued. It hss served a very- useful snd very satisfactory purpose. MFl. LOGrjM： I am not criticizing the applica- tion of the rule, M r . Higgins. Whst I mean is this, that when excerpts were requested by the prosecution they were granted, and.エ don't recall one instance when they were not granted. MEn. HIGGINS: We were very careful. The care was t^kea‘as the selection. IvjH. LOG』： Yes, Well, but it operated in this way: That when an application was made by the prosecution, for example, of pert of an affidavit "or part of tiestimony, thct the only wsy it was beneficial "to the defense was in obtaining excerpts of the -balance of the affidavit or the balance of the particular piece of testimony from which the excerpt wcs ttken. Now, in our 'situstion w e , too, will only desire certain excerpts of a document. We have no desire to telce more from a document then what will be beneficial to the defense, end the operation of the rule insofar as limiting you to excerpts was not applied 1.1 all, that is, the length of that excerpt from a document. THE PhESIi>Ei;T: The rule cannot be applied to limit the defense. Mh. LOGiiN: The only wey it could possibly benefit you would be to hcve it operate the same v/cy it did to us, sncl that is where we wanted part of a document that we would have to process the balance of the document for the prosecution. Of course, we see no necessity for the.t. Mli. HIGGIhS: A great many of your documents will be in Jcpcnese, I take it. ML. LOGムI;: We will hc.ve Japanese r.nd English, iiiix. HIGGIImS ： Will you have the full document in Japanese and English? We would be, I believe, not interested in the Jcpanese. But if you have a Japanese document we would, like to heve the whole document. ivil-I. LOGaN: Where we heve a Jepanese document from which we intend to take excerpts, I believe it is our intention to have the entire document processed. MK. HIGGINS: In English? L O G J : In English. Thii PKiiSILEi^T: Vi/e cannot undertake now, I«ir. Logsn, to do wh£t you Iicve applied to rae to compel them to do, that is, to read such further materiel as the prosecution wished. MK. LEYIN: Not only that, Mr. President, but I hcd in mind that we would, if perciir.nce we did not process everything that they wr.nted, that we, on a request, we would be very gleci to comply v/ith that request. We have been in the position where additional material, although it ws.s processed, if wq desire to offer it in evidence, in the greet majority of cases it has been left to us to offer it in evidenoe in our presentation of the case. Thrt might be done either while the defense is introducing its ease, or, if not, by the prosecution offering additional exoerpts as additional testimony at the elose of our ocse, li^. LOGaIv : Vvith respe«t to the defense reading of evidence anything tiirt the prosecution do- sires, of course, on the prosecution's case that v/cs very sparingly exercised or permitted to us. TuE PhESILEhT: You don't wont translations from thorn, Mr. Kiggins? . HIGG1NS: We would like to have a trans- lation of the document, because if they put in a document that way somebody will hrve to translate it, and, of course, they will do that, but-- THE PE^SIdE^'T: Taey haven' t the outfit that you have for translation. ML. BIGGIES: But they will knov the entire contents of the document or they wouldn't know vjhst to select from it. THE P h S S L T : They will give you the whole document. M L , hlGiaii^S s They will give- us the document in JepanGsc which is worth nothing to us in the hurry that v/e Y'ill be in. TI-iE PitESI翻T: With all your translation facilities? You have got ten times as much as they they told, us in court. i'Jl-L. HIGGlhS: We plan to transfer to them the use of whatever v/e can spare. THE MSUjEj'jT: That could be a matter for n u t u d arrrrngement. Liiu. LOGriiv; Could we make this suggestion: Put in any document from which we have r:n excerpt. If the prosecution should sc request it, we would have a translation of the cntirG document in English for the prosecution. Would thr.t meet ,r our approval? Be- cause I imrgine there c.ro me.ny documents thct j^ou would not be interested in having the entire English tre.ns- ls.tion of. THE PR^&IDE^T: In other words, they will give you that without an order by the Court. M h . LOGムN: Upon your request after we have offered the excerpt if you went the entire document. . T^VENNEK：エ don't see what ； r our objection is to following the procedure we have been following of presenting those excerpts seven dr.ys aheo.d, which would enable us to sec the document end determine both as to trcnslation and as to subject matter whether there is anything else we vr&nt in it. LOGiUv； It is the mechcniccl fccilities, M r . Tovenner, we ha v o n 1 1 got then, we hr.ven' t got the help, we haven't got the facilities. It is almost beyond-- Mb.* TaVENDER: You wouldn't have tc furnish it to us in Japanese, you 诏c'uld only have to furnish it to us in English. LjK. L0G"i,“ If wg were required to translate the entire document thet v/ould be tremendous in itself. THE PriE&lDEi^T: You are n( t likely to ccme to en agreement just novr. Better think it over. Better put it in writing whGt you w.nt, c.nd put フcur answer in writing, M r . Higgins. ii^. hIGGIWS： Yos. H h . L〇G“N: Yes. I thought \?u could hnve an informal discussion here to let you know whet wg have in mind. We will put it in writing and submit it later. THE PKESIDEi-.T: Yes. All right, M R . LOGムK: Maybe v/e can get together on it. THE PRiiSiDEKT: I hope so. (Whereupon, ct 1315 ? the proceed- ing was ccncludad.) 3 JANUARY 1947 Cross by M r . “ “ M r . " » Mr, Blewett Shimanouchi Levin (Witness excused) TANAKA, Ryukichi Direct by Mr. Woolworth 14280 14285 1428 5 Joe. No. 8178 8178 Pros. No. 8392 1887 1888 1888-A fo e N D I N D E X Of EXHIBITS Descrintion Synopsis of Evidence - China Affidavit of Ernest P . Higgs Excerpts therefrom For I dent, 14157 In Evidence 1 4 1 % 14158 I N D E X Of 7TTNESSES Prosecution's Witnesses Pnee Chisholm, James Strickland, Captain, Infarr^ry, Australian Imperial Forces 14270 Direct by Mr. Woolworth 14270 6 8 o 7 7 8 2 2 2 4 4 4 111 8180 1889 Affidavit of Ernest Solomon 14160 I N D E X c o o N D 8180 '137 Pros. No. 1889-A 1890 1890-A 1891 1892 1893 1'893-A 1894 1894-A 1 8 9 5 1895-A 1896 Def. No, For I dent, 14161 Of EXHIBITS (Cont.) Description Excerpt therefrom Affidavit of James Hector Cole Excerpt therefrom Report of the Cenセt*al Inves- tigation Committee re Prisoners of War fieoort of Lieutenant Colonel Richard E . Rudisill, Chief, Investigation Division, Legal Section SCAP Affidavit of Captain Edward Sxdc v n i i a m s o n 14165 Excerpt therefrom Affidavit of "llliam Slade Bungey 14166 Excerpt therefrom Affidavit of James Scott B rowning 14169 Excerpt therefrom Sworn statement of Sergeant Robert McCulloch Brown 14171 In Evidence_ 14160 14161 14162 1416^ 14165 14-166 14169 18 96-A Excerpt therefrom 14171 3137 2662 Part 12 2662 3172 8172 8175 8175 8127 8127 つ 3 3 8 0 3 3 I N D E X Doc. No. 8007A 130 8^30 8072A 8072A 3209 3209 8279 8279 8194 8194- 8193 193 3024 8024 Pros. No. 8007A 1897 1897-A 1 8 9 8 1898-A 1899 1899-A 1900 1900-A 1901 1901-A 1902 1902-A 1903 1903-A 1904 1904-A f o e N D Of EXHIBITS (Cont.) Description Sworn statement of John Francis Ryan Exceprt therefrom Affidavit of Private Carl Edward Stegraaier Excerpt therefrom Affidavit of Corporal Morris Littman Excerpt therefrom Affidavit of Captain Winfield Scott Cunningham Excerpt therefrom Sworn Affidavit of Commander C.D. Smith Excerpt therefrom Affidavit of Sergeant Harold J. Hogue Excerpt therefrom Affidavit of 1st Lieutenant Harold Jacob Klota Excerpt therefrom Affidavit of John Robert de Lara Excerpt therefrom For I dent, 14172 14173 14174 14178 14179 14184 14185 14186 In Eviclenc 14172 14173 14174 14178 14179 14-184 14185 14186 I N D E X Of EXHIBITS (Cont.) Doc. No, Pros, No. Def. No. Descriotion For エ dent, In Evidence 8211A 1905 Affidavit of Elmer A . Morse 14187 3211A 1905-A Excerpt therefrom 14187 3220 1906 Affidavit of Corporal Herman E . Fayal 14187 8220 1906-A Excerpt therefrom 14188 8123 1907 Affidavit of John B . L。 Anderson 14188 8123 1907-A Excerpt therefrom 14189 8063 1908 Affidavit of John F . Bronner 14189 8 0 6 3 1908-A Excerpt therefrom 14189 8004 1909 Affidavit of Sergeant Roger P . Bamford 14190 "004 1909-A Excerpt therefrom 14190 450 1910 Certificate by Captain C . W . Willoughby, Assistant Chief of Criminal Registry Division, Legal Section, SCAP 14191 8004B 1911 Affidavit of Sergeant Roger Dick Bemford 14-191 3004B 1911-A Excerpt therefrom 14191 8218 1912 Sworn Statement of Private James A . Gilbert 14192 8218 1912-A Excerpt therefrom 14192 I N D E X Of EXHIBITS (Cont.) Doc. No. Pros. Def. N o . No. DescriDtion For Ident. In Evidence 3206 1913 Sworn Statement of Corporal Herman Hall 14193 • 3206 1913-A Excerpt therefrom 14193 3312 1914 S-v'orn Statement of Corporal Floyd Herman Comfort 14194 3312 1914-A Excerpt therefrom 14194 3136 1915 Affidavit of Private Stephen M . Zivko 14195 ^136 1915-A Excerpt therefrom 14195 3391 1916 Synopsis of Evidence - Japan 14197 8006 1917 Affidavit of Major Thomas H . Hewlett 14197 • 3006 1917-A Excerpt therefrom 14197 8022 1918 Affidavit of 1st Lieutenant John H . Allen 14200 8022 1918-A Excerpt therefrom 14200 ； 8117 1919 Affidavit of Fusilier William Johnson 14202 8117 1919-A Excerpt therefrom 14202 8026 1920 Affidavit of Ian Douglas Newlands 14203 8026 1920-A Excerpt therefrom 14203 I N D E X 8223 8223 828^ 8285 "071 8071 8263 1925 1925-A 1926 1926-A 1927 1927-A 1928 Affidavit of OGIUA, Yorio 14221 Excerpt therefrom 14221 Affidavit of Staff Sergeant Marshall S. Shellhart 14223 Excerpt therefrom 14223 Affidavit of Corporal John Bryan Lippard 14224 Excerpt therefrom 14224 Affidavit of Gunner John Boud Mullins 1422^ Report of the Japanese Central investigation Committee re Prisoners of "War dated 9 January 1946 14204 Report of the Japanese Investi- gation Committee re Prisoners of T ' r ar dated 26 December 1945 14209 Report of fh© Japsnes& Investi- gation Committee re Prisoners of War dated 27 March 1946 14212 Report of the Japanese Investi- gation Committep re treatment of Allied Air Force Personnel in the Western District of Japan dated 23 January 1946 14218 Of EXHIBITS (Cont.) Doc. Pros. Def. For -In Ho, No. No. Description I d e n t E v i d e n c e 1921 23 2 t 6 r , 0 a 1922 24 2 t 6 r a p 261 1923 27 2 t 6 r 6 a 2 ？ 1924 25 2 2 Part 6 6 ； 8263 1928-A Excerpt therefrom 14225 ェ N D E叉 Doc. No. 4 284 8051 8051 8142 8142 8016 8016 8077 8077 8043 8043 8289 8289 8234 Pros. _ N o . 8284 1929 1929-A 1930 1930-A 1931 1931-A 1932 1932-A 1933 1933-A 1934 1 9 3 4 - 左 1935 193 5-A 1936 e • f o e N D 8234 1936-A Of EXHIBITS (Cont.) Description Affidavit of Private Owen R. Robert Excerpt therefrom Affidavit of Corporal Alvin Louis Owens Exccrpt therefrom Affidavit of Warrant Officer James Getley Excerpt therefrom Affidavit of Lieutenant Cj^ril Edward Bucke Excerpt therefrom Affidavit of Captain Arthur Laurence Maher Excerpt therefrom Affidavit of William Rudolph Loibold Excerpt therefrom Affidavit of George McRae Excerpt therefrom Affidavit of Chief Boatswain's Mate Philip E. Sanders Excerpt therefrom For Ident. 14229 14230 14231 14232 14233 14235 14235 14236 In Evidence 14229 14230 14231 14232 14233 14235 14236 14236 I N D E X c o ONi D | 8197 8074 8074 8291 8291 8078 8 0 7 8 8095 8095 8171 8171 8118 8 1 1 8 8 2 6 6 8 2 6 6 Pros. — N o . . 8197 1937 1937-A 1938 1938-A 1939 1939-A 1940 1940-A 1941 1941-A 1942 1942-A 1943 1943-/ 1944 1944-A f o e ND Of EXHIBITS (Cont,) Description Affidavit of Private Henry Horace Pawley Excerpt therefrom Affidavit of Sergeant William Robert Linderfelt Excerpt therefrom Affidavit of Sergeant Frank Edwerd Pick Excerpt therefrom Affidavit of Staff Sergeant Villiam Mahoney Excerpt therefrom Affidavit of Sergeant Matthew David Monk Excerpt therefrom Affidavit of CorDoral Alexis J . Mott Excerpt therefrom For Ident. 14239 14240 14242 14243 14244 14246 Affidavit of Lieutenant Colonel Robin Robertson M r i e 14247 Excerpt therefrom Affidavit of Oliver Edwin George Roberts Excerpt therefrom 14248 In Evidence 14239 14240 14242 14243 14244 14246 1424? 14248 I N D E X Doc. 8029 8082 8082 3065 8o65 8104 3104 3203 3203 3119 3119 3116 S116 8161 Pros. No. 8029 1945 1945-A 1946 1946-A 1947 194 7-A 1948 1948-A 1949 1 9 4 9 - ム 1950 1950-A 1951 1951-A 1952 o • f o e N D Of EXHIBITS (Cont,) For Description Ident, •Affidavit of Captain James Forbes Lawrence 14250 Excernt therefrom Sworn Statement of John H . Marshall 142^1 Excerpt therefrom Affidavit of Corooral Charles Eugene Msurer 14252 Excerpt therefrom Affidavit of Alexander Meredith 14253 Excerpt therefrom Affidavit of Lance Sergeant Arnold Fraser Caddy 14254 Excerpt therefrom Affidavit of Major Francis J. Murray 14255 Excerpt therefrom Affidavit of Captain Allan Berkeley 14257 Excerpt therefrom• Affidavit of John William Viney 14258 In Evidence 14250 14251 14252 14253 14254 14255 14257 8161 1952-A Excerpt therefrom 14258 I N D E X oc. N o . 8107 8163 Pros. No. 8107 1953 Def. No,, 19^3--?. 1954 8 1 6 3 1 9 5 4 - / 8349 1955 8349 1955-1 847F 1956 146 5B 1957 1465A 1958 Of EXHIBITS (C ont.) Description Affidavit of Staff Sergeant Michael J . Robertson Excerpt therefrom Affidavit of Sergeant Harry- Slater Excerpt therefrom Affidavit of Philip E , Sanders Excerpt therefrom Letter signed by the Gaimusho, Tokyo, 29 January 1942 Statement re reply of Japanese Foreign Minister to the Argentine Charge d'Affaires in Tokyo on 29 January 1942 Record of Conference in War Ministry re decision not to apply the Geneva Convention and orders issued In conse- quence thereof For In Ident. Evidence 14259 14260 14261 14259 14260 14261 14295 14297 14299 14,154 2 3 4 5 6 7 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 Friday, 3 January, 1947 INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST Court House of the Tribunal War Ministry Building Tokyo, Japan The Tribunal met, pursuant to adjournment, at 0930. mm mm Appearances: For the Tribunal, same as before with the exception of: HONORABLE JUSTICE D . JARANILLA, Member from the Republic of the Philippines, HONORABLE JUSTICE JU-AO M E I , Member from the Republic of China and HONORABLE JUSTICE BERNARD VICTOR A . ROLING, Member from the Kingdom of the Netherlands, not sitting. LORD PATRICK, Member from the United Kingdom of Great Britain, now sitting. For the Prosecution Section, same as before.； For the Defense Section, same as before. The Accused: All present except OKAWA, Shumei and NAGANO, Osami, who are represented by their respective counsel. 一 • • mm (English to Japanese and Japanese to English interpretation was made by the Language Section, IMTFE.) 14-,156 12345678 9-01 2 345678901 0 . - 3 4 5 11 1 1111111 2 22222 D u d a & s d e A - MARSHAL OF THE COURT: The International Military Tribunal for the Far East is now in session. THE PRESIBENT: All the accused are present except OKAWA and NAGANO, who are represented bv their respective counsel. We have a certificate from the prison surgeon of Sugamo stating that NAGANO is ill and unable to attend the trial today. The certificate will be recorded and. filed. C O观 N D E R COLE: If it please the Tribunal, it is now proposed to present evidence relating to the treatment of prisoners of war and civilian internees by tne Japanese in China. I offer in evidence prosecution document No. 8392, which is a synopsis of evidence. THE PRS3ILEKT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8392 will receive exhibit No. 1837. (Whereupon, the document above referred to was marked prosecution 1 s exhibit No. 1887, and was received in evidence.) COMMANDER COLS: Prosecution document No. 8178, the affidavit of Ernest P. Higgs, sworn to 4 March 1946, is offered for identification. CLERK OF THE COURT: Prosecution's document No. 8178 will receive exhibit No. 1888 for identification 1^,157 ^ only. 2 (Whereupon, the document above , referred to was marked prosecution's exhibit 4 No. 1888 for identification.) 5 6 • 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMANLER COLE: The marked excerpts therefrom are rxow offered in evidence. THE PRESIESNT: Admitted on the usiwl terms. CLERK OF THE COURT: And the marked excerrjt therefrom will be given exhibit No, 1888-A. ("/hereupon, the document above referred to was marked prosecution's exhibit No. 1888-A, and was received in evidence.) COMFAKIER COLE: This affidavit relates to the killing of a civilian internee by the Japanese military police in Shanghai in August, 194-3. Inspector William Hutton was t aken from Haiphong Road Camp to the headquarters of the Japanese ^5ndarmerie for questioning and was returned to the camp in an unconscious condition. The marks on his body showed that he had been tortured by innumerable small cuts with a razor blade. Ke died several d ays later. The affidavit states, on page 1: "With reference to Inspector 1,r illiam Hutton. I saw a man nonea Watson arrested by one of the guards and taken to the camp office for questioning. I found out later that he was accused of trying to get a message out of the camp. The Japinese authorities looked for a man who was stated to have been sitting next to 14-,159 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Watson, at the time. A guard identified a certain man as being the one. Actually ho\vev«r this was not so, and the next morning Inspector Button went to the authorities and told them that they haa made a mistake, and that he was the man who had been sitting next to Watson. Both men were taken out of the camp, I under- stand to Jessfield Road, headquarters of the Japanese Gendarmerie. When they were brought back again several days later the man Watson could walk with assistance, and after a week or so in the cawp hospital seemed to be quite fit. The man Hutton however wss lying in the bottom of the car, naked except for a small pair of pants about his middle. He was unconscious and was placed on a stretcher and taken to the doctor in the clinic. A few minutes later I saw him on the stretcher being carried into the camp hospital. There were marks on his vvriets which suggested that he had been strapped Gown and that both his legs from ankles to hips were criss-crossed with small cuts which haa the appearance of having been done with an instrument such as a sharp razor b l a d e .エ did not see the remainder of his body, although the man sleeping next to me in the camp told me that he had seen Hutton's chest and that this also was similarly disfigured with cuts. It was comwon knowledge amongst the internees at the camp that other 14,160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 injuries had been sustained by Hutton during the time that he was out of the camp including damage to his kidneys anc； private parts, and that the torture that he had undergone had snapped his brain. After three or four days in the camp hospital he was placed in an ambulance and sent to a mental hospital run by a Russian doctor, but he died that night." Prosecution document No. 8l80, the affidavit of Ernest Solomon, sworn to 18 May 194-6, is offered for identification, and marked excerpts from this docu- ment are offered in evidence. THE PRESIDENT: Admitted on the usu^l terms. CLERK OF THE COURT: Prosecution's document No. 8180 will receive exhibit No. 1889 for identifica- tion only. The marked excerpt therefrom will receive exhibit No. I889-A. (Whereupon, prosecution's document No. 8l80 was marked prosecution's exhibit No. I889 for identification; and the excerpt therefrom, bearing the same document number, was marked prosecution's exhibit No. 1889-A and received in evidence.) C O腿 N D E R COLE： This affidavit confirms the killing of Inspector Hutton described in the previous document No. 8178. 14，血 Prosecution document No. 8137, the afficavit ®f Private James H. Cole, sw.，rn to 6 October 1945, is offered for identification, and marked excerpts from this document are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8137 will receive exhibit No. I89O for identifi- cation only, and ths marked excerpt therefrom will receive exhibit No. I89O-A. (Whereupon, •orosecution's document No. 8137 was marked prosecution's exhibit No. I89O for identification； anc ths excerpt therefrom, bearing the same document number, was marked prosecution's exhibit No. 1890-A and received in eviGence.) C0:.MNLER COLE: The affidavit describes the shooting of an American civilian by a Jananese guard at Shanghai Prisoner of war Camp in March 194-2. The civilian v;as standing near the prison fence when the guard, without provocation, shot p.nd killed him. leponant -vas forced to ^ork polishing anti- aircraft shell eases. If the prisoners did not complete sixteen cases per day thsy were beaten with clubs and rifle butts. For minor offences such as failure to salute or failure to bow upon meeting a 1^,162 Japanese, the っ r i s o n a r s v;ere stripped of ？ . 1 1 clothing and for ceo. to stand at attention for three to four hours during wintar months when ths teBnoriturs was b3low froezing. Several men developed pnoumoni^ due to this punishment. Prosecution ciocurnont No. 2662, part 12, being the report of the Cantrn1 Investigation Com- irjittes relating to prisoners of war, datsd 4 Novernbsr 194-5, is offerod in evidence. THE PRESIDENT: AcmittGd on the usu.?:l terms. CL3RE OF THE COURT; Prosecution's document No. 2662， part will receive exhibit No. 1891. (Whereupon, the document above ref errsd to v/as iparkod prosecution ‘ s exhibit No. 1891, ?,na was rocaivsd in evidence.) COMJiANIER COLS: Prosecution document No. 2662, signed by Lieutonnrit Colonel Richard E . Ruaisill, Chief, Investigation Livision, Legal Section, SCAP, being th^ certificate of source snd authen- ticity covering this invastigation report as w g I I as other similar reports to be introduced in evidence later, is offorod in ovidonce. THE PR3SIDERT: Admitted on the usual terms. CLERK OF THE COURT： Prosecution's documsnt No. 2^62 will receive exhibit No. 1892. 14 7 l63 (Wheraupon, tha documont above referred to was mark3d ^rosscution 1 s exhibit No. 1892， Tnd wns receivod in evidence.) COI.ITAKDER COLE： ProsGcution documc-nt No. 2662, part 12, describes the killing of throe Amsric^n airmon in H^nko^, China, in Lecerabor 194-4. Prolirdnrjry roports indicate thnt tha throa enpturod airraon with thoir hands tied behinc, their backs ore marched through strc-ets of H^inko^, ssverc-lv barton, and then coverod with gasoline -and burned to desth. This cocument includes (pnga 6) ？ roport by Ifejor Genjr-'I K A B U M G I , Chief of Staff of the Japanese 34th Army at tho tima of the incident, •vhich disclaims knowledge of tho details of tha atrocity, but admits that permission to march tho fliars through th3 city 犯 s grant ；<3 by the conrnnnding gGnoril of the 3^th Army. The report statas on pngs 6: "4 Kovjmber 1945. Major Gonoral KABURAGI. "I. Circp^stancas of tho incident. " 1 . S i n c e round autumn of last yoar, tho indiscriminate shooting ind bombing of tha citv of Hnnkow caused considor^.ble damage; to the homos of the citizons. Not only that, bat th2 casunltios inflicted upon tho pooplo, chlafly unon tho Chinsso forces, wns gre-^t, and tho indignation of the citizons gr-°dunllv 14-,164 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 increased. "2. Tho Hankow v o u t h Orgnniz?.tion (?) forced tiio Amorican fliers who participTtod in attacks 勺 g a i n s t Hankovi；,, to march through tha city, as a reprisal for tho ab ovc-mont i on 2d indiscriminnto bombing and shoot- ing » Thu citizens carriod out boatings and violanco against these fliors. "I do not h'ivo q detnilod knowledge of the methods, means, ^nd degree of the atrocity. "3. Before the nbove-mentioned incident w ? s c a r r i e d ! o u t ? c i p p l i c ^ t i o n f o r p e r m i s s i o n t o do s o ？ / n s made t o t h e 34-th Armv H e n d q u p . r t e r s b y t h e Hankow マ o u t h Orgr.niz'-〕tion (?). However, the Corcnrnder of the Army (Lieutenant General SANO) would not give permission at first, because the ill-treatment of p r i s o n e r s o f ’ フ っ r i s n o t o n l y i v i o l n t i o n o f I n t e r m t i o n a l L-： ,̂ but would nlso h^ive i bnd influence upon the treatment of Japanese nationals interned in the United States. However, the Youth Orgnniz^.tion repeatedly requested the permission for carrying it out, snying th°t the plnn was a reprisal for the indiscrimimte s h o o t i n g and b o m b i n g s and t h r . t i t ' v o u l d b e c a r r i e d o u t under the responsibility of the Chinese people .̂ .nd th-^t they will absolutely refrr.in from "troubling the Japanese foT.^e?.^ Cqasequently, the permission for the -"afore— mentioned v^s granted," 14-,165 Prosecution document No. 8172, the affi- de.vit of Captain Edwsrd E. ^illianson, sworn to 6 June 1Q46, is offered for identification and marked excerpts therefrom are now offered in evidence. TFE FRESTDFNTj Admitted on t h e usual terms. CLERK OF TFE COURT: Prosecution's docu- ment No. 8172 will receive 时 i b i t No. 1893 for identificetion only, and the excerpts therefrom will receive exhibit No. 1893-A. (wi ereupon, the docurert a^ove referred to was narked prosecution's ex- hibit No. 1893 for identification, and tr.e excerpts therefrom were narked prose- cution's exhibit No. 1893-A and received in evidence.) COIliArD^R COLE： Prosecution document No. 8175。 the affidavit of ロ i l l i a r . S, Bunpey, sworn to 21 February 1945, is offered for identification, and rnsrked excerpts from this document are offered in evidence. THE PRESIDENT: Admitted on the usual terms• CLERK OF TFE COURT: Prosecution's docu- ment No. 8175 will receive exhibit No. 1894- for 14-,166 identification only, and the excerpts therefrom will receive eyトibit N o . 1 8 9 4 — A . ( h e r e u p o n , the document above referred to was msrked prosecution's ex- hibit No. 1894 for identification, and the excerpts therefrom were narked prose- cution' s exhibit No。 1894-A and received in evidence.) CLERF OF THE COURT: The previous document, prosecution, given exhibit No。 18935 was document No. 8172. COMMANDER COLE: These affidavits describe the methods of torture used" during interrogation of civilian internees by the Japanese Gendermarie at Bridge Fouse in Shanghai. Document No. 8172 states, on page 2: "At vsriors elates following the occupation of the Settlements in Shanghai the Japanese Gendarm- erie, acting on informstion and from yesrs of in- quiries ,proceeded to arrest prominent Allied nation- als , t h a t is, he&ds of business firms and leading members of national societies。 These persons were then taken to an apartment house known as 'Bridge Fouse,‘ which bad been the headquarters of the Japanese Gendermarie since 1937, the dste of the 14-,167 outbreak of the Sino-Japanese hostilities. Wen these Allied, nationals were taken to Bridge Fouse they were thrown into a filthy verminous cell which was slreedy overcrowded with persons of various nationality, both male and female, numbering between fifteen and twenty persons. For the toilet a bucket in the corner of the cell was tbe only facility pro- vided, serving both male and female occupants. The food provided was mainly rice in porridge form with weak tea in quantities not sufficient to sustain life. Sleep was impossible in these cells, as all could not lie down at once. Thejr, the prisoners, were only supplied with 1 one blanket which was also verminous. "On the days previous to interrogations these prisoners were placed in a cell usually next door to a torture chamber, where they could hear the yells and cries of persons being beaten and tortured, bearing moans as if the person beaten were actually dying. This treatment of arrested civilians, that is, locked in a filthy cell,little or no food, mede to listen to the tortures and beatinf of other prisoners such as, Chinese, Indian and Russians, yas an organized, premeditated and inhuman way of break- ing down the resistance and morale of these prisoners, 14-,168 so as to put tbem in mental and bodily fear of torture when their turn for 'interrogation' came. "TORTURE "Various tortures were administered during interrogation, the main ones being 1 ' w ater Torture,' which is done by laying a person flat on a bench with bis head overbanping one end. A funnel is then placed in the moutb and water forced into the abdomen and. lung's. The torturer then jumps on the stomach of his victim, producing a drowning sensation. Electric Tregtment. This is done by tying the victim to a 'painters'ladder' in the shape of a crucifix, and applying a hand manipulated shocking coil to the body. The psrts chosen usually were around the private members or near the nose. Before this treetnent is given the body is sprayed v;itln eold water. Beatinps. These care into various categories, such asi (1)Beating across the back and buttocks with a stock or hose. (2) Slap- ping of tine face。 （3) Kicking of the shins and various other sadistic methods sue卜 as kicking the private parts. Other. In one case tbev removed both toe nails from the big toes of a victim without an U , l 6 9 anaesthetic. The rack torture was also administered and many others too numerous to mention. m At all civil internment camps food and liv- ing conditions were bsd and beatings were frequent. Many of the camps were located in military areas and the internees were exposed to air raids. Prosecution document No. 8127, tbe testi- mony of Private James S. Browning, sworn to 4 January 194-6, is offered for identification, and marked ex- cerpts from this document are offered in evidence. THE PRESIDENT: Admitted on the usual terms. Commander Cole, why didn't you give us copies of exhibit 1892? It is a certificate covering an i r d e x .エ have it, thank you, but the other Judges haven't. Please distribute it. CLERK OF THE COURT: Prosecution's docu- ment No. 8127 will receive exhibit No. 1895 for iden- "cifiojttion only, and the excerpts therefrom, will re- ceive exhibit No. 1895-A. (hereupon, the document above referred to was marked prosecution's ex- hibit No. 1895 for identification, and the excerpts therefrom were marked prosecu- tion' s exhibit No. 1895-A and received in 14-,170 evidence.) CLERK of THE COURT: Prosecution's docu- ment to which the Bench has just referred, to wit: No. 2662, was given exhibit No. 1892. COMMANDER COLE: Deponent describes the torture of approximately fifty American prisoners of war at the Shanghai prisoner of war canp in Feb- ruary 194-4. The prisoners were punished for trading their personel effects to the Chinese to obtain money. They were stripped, taken out in the snow and given the water cure by having water forced into their stomachs anr then were jumped on by the Japanese. ^Tnen the prisoners became unconscious they were revived by tying them to a post in the snpw and pouring ice water over them. They were also beaten with a riding crop loaded with lead. Prosecution document No. 8033, the deposi- tion of Sergeant Robert McCulloch Brown, sworn to 15 February 1946, is offered for identification, and marked excerpts from this document are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's docu- ment No. 8033 will receive exhibit No. 1896 for 14-,171 2 3 4 5 6 7 8 9. 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 identification only, and the excerpts therefrom will receive exhibit No. I896-A. (Whereupon, the document above referred to was marked prosecution's exhibit N o . 1 8 9 6 for identification, and the excerpts therefrom were marked prose- cution' s exhibit No. I896-A and received in evidence.) COMMANDER COLE: This deposition confirms the previous document and ststes that prisoners of war at Shanghai camp were given the water torture for trading with the Chinese. This affidsvit states, on pare 2: " . . . The men were first severely beaten by ISHIHARA and MAZAKI. Sone of these beatings consisted of being struck v;ith a riding crop frequent- ly used by ISHIHARA to inflict discipline upon the prisoners. After they had been mauled in this manner, each prisoner was held on the floor and was forced to open his mouth. Then, witト a Japanese holding the prisoner's nose, water was poured into the prisoner's open mnutb until he became unconscious. The Japanese then slapped the prisoner's face and threw cold water on M s body in order to revive him. This incident took place in January 1944 and the 14-,172 weather was ver - ' cold. It is therefore apparent that the use of cold water on prisoners under such cir- cumstances imposed a severe shock upon their systems. These five men were subjected to tbis treatment for twelve days, until tbe Japanese finally decided that additional mistreatment woulc 1 ceuse their deaths. The men were then hospitalized and later returned to duty." Prosecution document No. 8007-A, the testi- mony of John Ryan, sworn to 15 February 1946， is offered for identification and marked excerpts therefrom are offered in evidence. THE PRESIDENT: Admitted on the usual terms. . CLERK OF THE COURT: Prosecution's docu- ment Fo. 8007-A will receive exhibit No. 1897 for identification only, and the excerpts therefrom will receive exhibit No. 1897-A. ( 邛 1 h e r e u p o n , the document above referred to was marked prosecution's exhibit No. 18°7 for identification, and the excerpts therefrom were marked prose- cution 1 s exhibit N o . 1 8 9 7 - A and received in evidence.) COMMANDER COLE: The deponent states that '14,173 he was one of about one hundred prisoners at Woosung camp in September 194-2 wbo suffered mess punishment for the escape of four Marines. The prisoners were confined for six days in a single room Vi/itbout heat or bed clothing, at a time when the temperature was very cold, and with inadequate rations. The command- ing officer of the camp was resporsiblc for this punishment. Prosecution document No. 8130, the affi- davit of Private Carl E. Stegmaier, sworn to 8 October 194-5, Is offered for identification and marked excerpts therefrom are now offered in evidence, THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's docu- ment No. 8130 will receive e y M b i t No. 18?8 for identification only, and the excerpts therefrom will receive exhibit No. 1898-A、. (hereupon, the document above referred to was marked prosecution's exhibit Mo. 1898 for identification, end the excerpts therefrom were marked prose- cution' s exhibit No. I898-A and received in evidence.) COMMANDER COLE: Deponent wes one of five 14-,174 prisoners of war at Kiang " T an camp in January 194-5, who were bayoneted by a Japanese guard during an air raid by U.S. planes. The only provocation was that sonc of the prisoners had chcered during the air raid. Prosecution document No. 8072-A, tbe affi- davit of Corporal Morris Littman, sworn to 15 October 194-5, is offered for identification and marked excerpts from this document are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's docu- ment No. 8072-A will receive exhibit No. 1899 for identification only, and the .excerpts therefrom will receive exhibit No. 1899-A. (^hereupon, the document above referred to was marked prosecution's exhibit No. 1899 for identification, and the excerpts therefrom were marked prose- cution' s exhibit No. 1899-A and received in evidence,) COMMANDER COLE: Deponent states tbst three American prisoners who were recaptured after escaping from tbe Mukden camp in April 1943, were brutally be&ten and beheaded. The affidavit stetes, on page 1: 14-,176 "Along about the middle of April 194-3 three of the Americans at Camp Mukden escaped from the camp and were not missed by the Japanese guards until roll call the following morning. Each of the three men were from separate barracks. I don't recall their names. The three men were absent from camp for about three days before they were caught by the Japan- ese and returned to camp. I saw the men when they were returned to the camp. They were walking one be- hind the other with a guard along the side of them holding them up; I don't think they were able to walk by themselves； one of them had a rag wrapped around his head which was blood soaked•，all three of them had their clothing on their backs ripped up and was very bloody; their ankles were chained together and could only take small steps; the chain extended up their back and their hands were chained together. We went on to work in the factory that day and later on in the day the guards brought them out to camp and tried to make them pick out the Americans who had helped them to escape, also the Japanese who had aided in the escape. They refused to give any infor- mation and were removed from camp. Two days later the Japanese officials had the wood shop to make three crosses with their names on the cross." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GrGcnbcrbo & barton 14-,177 "The Japanese guards took a cetail of three or more men to the cemetery where there were three freshly covered graves and the detail set up the crosses over these three graves which they had prepared in the wood shop of the camp. The Japanese guards in the carap said that they were beheaded with samurai swords. Tho day- following the date on which the three men were caught the Japanese didn't lot us go to work; they came in and called attention and showed us a position that they wantod us to sit in and placed a guard over us to see that wc stayed in that position and kept us this way for two weeks in the daytime. They made us sit at attention with our legs crossed above the knee, our hands resting on our leg with palm up. We sat on the edge of our beds. We were not allowed to speak and could move our hands only when we ate. Each of the three men that had escaped were from each of three barracks so the Japanese made the barracks, three in rrumber, all sit like this for two weeks*" 14-,178 Prosecution document No. 8209， the testimony of Captain Winfield S. Cunningham, USN, sworn to 26 November 194-5, is offered for identification, and the marked excerpts from this document are offered, in evidence. THE PRESIDENT; Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8209 will receive exhibit No. 1900 for identifi- cation only, and the irarked excerpt therefrom will receive exhibit No. 1900A. (Whereupon, the document above re- ferred to was marked .'.rosecution r s exhibit No. 1900 for identification5 and the ex- cerpt therefrom, was marked prosecution's exhibit N o . 1 9 0 0 A and received in evidence.) COIC^JDER COLE: Deponent escaped from Woo sung Cjimp in Bferch, 1942, and after being recap- tured and confixed in Bridge House for a month was tried by court martial under the provisions of Japanese military law as a deserter fron? the Japan- ese Army. Deponent pointed out that under irter- national law the maximum punishment for escape that could be imposed was thirty days solitarv confinement. The Japanese court contended that they were not bound by the Geneva Convention and sentenced deponent to 14-,179 ten years confinement. Deponent escaped from Ward Road Jail in October, 1944 and, after being re- captured, was sentenced to life imprisonment. Deponent states at page 9 that from the evidence it appears that the prisoners of war were deliberately underfed to keep them in a low physical state. Prosecution document No. 8279, the sworn affidavit of CoTTimander C. D. Smith, dated 26 Feb- ruary 194-5, is offered for identification, and marked excerpt c therefrom are offered in evidence. THE PRESIDENT： Admitted on the usual terms, CLETiK OF THF COURT: Prosecution document No. 8279 will receive exhibit ¥ 0 . 1 9 0 1 for identifi- cation only, and the marked excerpt therefrom will receive exhibit No. 1901A. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 1901 for identification^ and the ex- cerpt therefrom was marked TDrosecution's exhibit N o . 1 9 0 1 A and. received in evidence.) C O l ^ M N T O COLE: Deponent escaped from Wcosung prisoner of war camp and was recaptured. After thirtv days at Bridge House he was taken to Kiang Wan Camp and, after .fifty-three days in 14,10® 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 solitary confinement, was given a general court martial or a charge of "desertion from the Japarese Arrov in tire of war." The trial resulted in a sen- tence of ten years imprisonment to be served in a criminal iail with loss of all irilitary rights. Deponent states on page 4: "At Bridge House エ confined in a cell with 18 others 一 一 Chinese, Japanese, and foreigners. The conditions in this place were anpalling. I was lyinf next to s man vith leprosy and nes forced to sleep in close contact rith him as the place was so crowded. We "were kept here for 30 days "under- going what the Jgpsnese celled sn investip-etion. The food, consisted of ccngee in the norning ？nd four ounces of breed s day. One small cup of tea was given us twice a day, no other llouids being procurable. "The F.orel depredation here was of con- siderably more importance then the actual physicpi discomfort, which in it；:elf wes sufficient •ou.nish- ment for snvone. This was during the month of March, end it wss very cold. We were given one blanket eech, vhich vss completely insufficient "'hen one is sleeping on the bare floor. During the day ^e ^ere forced to sit in form?tion, cross legred on the floor, 14-,181 without any support or rest for セ h e "back or arris. At times an urmsuelly cruel guard would make the rounds of the cells, forcing everyone to kneel on the wooden floor. This would sometimes be kept up for six or eight hours." Deponent gives a further description of torture at Bridge House on pages 6 and 1\ ”I sajw a nuir.'ber of tortures to a minor degree in Eridpe House while passing through the car doors on my many trips up to the office. I saw men being given the water trestment, being turned with cigarettes, being given shocks with an electrical machine of sone kind, and almost innumerable beatings with clubs snd with the bp.cks of swords. Violent kicking with heavy army "boots on the prisoners' shins wss so common as to be almost unnoticed. Several Chinese suffered broken legs from this vhile I was in Bridge House. "The water trestment ccrusisfs of lashing a man down fece up across the desk top. A bsth tcnvel is then so rolled as to form a circle around his nose and mouth, and c five-gallon can of water, which v^as generslly mixed 见 i t h the vilest of hunsn refuse and other filth, such as kerosene, w? s then put hsndy. The man we s then 14-,182 questioned, snd if he did not respond, the water v'ss poured into the space made by the bath toT'el, forcing the prisoner either to sv'sllov’ ？ n d inhple the vile concoction or to strangle himself. This is kept up, auestioning between doses, until the msn is at a point of tinconciovsness • Shortly be- fore unconsciousness is reached, the man is frequent- ly beaten across the belly with 'a small iron rod. After consciousness has left, he is usually svs- pended by the heels from a tsckle directly overhead end the water allowed to drain out of him. When he has sufficiently recupersted, the treatment is resumed. "...After the war I can produce the names snd addresses of more than 30 white men who ^ere seriously tortured in Bridge House if they are still alive. Orly one of these wss an American 一一 Hea 1'r. "I do not know vhat the Japs were trying to learn by these tortures. The men who vere tor- tured seldom had any idea as to what wes reouired of them. F«r some reason they frequently picked on men who knew nothing end who had done nothing. The principal question was »Are you mixed up with underground activities to aid the enemy or sgainst 14-,183 Japan.!? 1 end senseless auertions like this were esked for hours and hours. The harshness of treatment depended on the particular sergeant end interpreter who were auestioning. Eech hsn^led the prisoner according to his own ideas. One men might be tortured once or possibly a dozen times. One could never guess. The sergeants were riven a completely free hand apparently. Several Chinese were so severely beaten that they died in their cells. I gathered the impression that the officers c'id not give explicit directions for cfijestioning, but merely ordered so end so cut for interrogstion. It seemed to be generslly understood among all Japanese personnel that punishment would be inflicted ss and 讽 h e n reau.irec 1 . It is certain that sll officers attached to the gendarmerie knew prscti- callv every detail of what wss going on because the cries, moans, snd sounds of blows could be heard over the rhole building at most any time." 14-,184 Prosecution document No. 8194, the affi- davit of Sergeant Harold J. Hogue, sworn to 12 December 1945, is offered for identification, and the marked excerpts from this document are offered in evidence. THE PRE?IDENTs Admitted on the usual terirs. CLEFiK OF THF COURTs Prosecution's document No. 8194 will receive exhibit No. 1902 for identifi- cation only, and the marked excerpt therefrom will receive exhibit No. 1902A. (Whereupon, the document above re- ferred to was irarked prosecution 1 s exhibit N o . 1 9 0 2 for identification5 and the ex- cerpt therefrom was marked prosecution‘s exhibit No. 1902A and received in evidence.) COMMANDET"-. COLE: This affidavit relates to the mi<?treatment of captured airforce personr.el at Yochow, China. Upon refusing to give any informa- tion, deponent was beaten with fists and a large bamboo bat. Thereafter, he was strapped to a ladder, given the water treatment and beaten. Next day he was handcuffed and paraded through the village for public ridicule. Prosecution document No. 8193， the affi- davit of 1st Lieutenant Harold. J. Klota, sworn to 5 8 1 ， 4 1 5 ？eceirber 194-5, is offered for identification, ard marked excerpts therefrom are offered in evidence. THE PF:EFIDE:NT: Admitted on the Usual terms. CLERK OF THE COURT: Prosecution's document No. 8193 will receive exhibit No. 1903 for identifi- cation only, and the rarked excerpts therefrom will receive exhibit No, 1903A. (Whereupon, the document above re- ferred to was marked prosecution 1 s exhibit No. 1903 for identification; and the ex- cerpt therefrom was ri^rkGd prosecution T s exhibit No. 1903A and received in evidence..) CCMIANDEr COLE: Deponent ハ a i l e d out of his plane over China and was captured by the Japarese. His right leg which was injured was amputated several inches above the ankle by a Jar>arese civilian usin? a crude knife and without anesthesia. A few dajrs thereafter, deponent, for not answering questions, was beaten into unconsciousness, while he lay in bed, on three occasions by a Japanese officer who used an encased saber. • Prosecution document No. 8024, the testimony of John R. deLara, sworn to 18 February 1946, is offered for identification, and marked excerpts therefrom are offered in evidence. THE PRESIDENT: Admitted on the usual terms, CLERK OF THE COURT: Prosecution's document No. 8024 will receive exhibit No. 1904 for identifi- cation only, and the warked excerpt therefrom will receive exhibit No. 1904A. (Whereupon, the document above re- ferred to was marked prosecution 1 s exhibit ‘ N o . 1 9 0 4 for identification; and the ex- cerpt therefrom was marked prosecution's exhibit No. 1904A and received in evidence.) COMMAMDER COLE: This deposition relates to conditions at Footung Internment Camp. Deponent states that during the winters of 194-4 and 1945 the internees had no heat whatever although the tempera一 t\?re was as low as 20° F . and although the Japanese guards had heating facilities. Internees received no clothing from the Japanese. The food ration was gradually reduced until, at the end, they were get- ting one-fourth the amount of meat originally issued. Internees were exposed to air attacks and were not permitted to mark the buildings until a week before the end of the war. Prosecution document No. 8211A, the testi- mony of Sergeant Elmer A. Morse, sworn to 2 November 194-5, is offered for identification, and the marked 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 L8 19 20 21 22 23 24 excerpts therefrom are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK CW THE COURT: Prosecution's document No. 8211A will receive exhibit No. 1905 for identifi- cation only, and the marked excerpts therefrom will receive exhibit N o . 1 9 0 5 A . (Whereupon, the document above re- ferred to was roar-ked prosecution's exhibit, No. 1905 for identification; and the ex- cerpt セ h e r e f r o m was marked prosecution's exhibit No. 1905A and received in evidence.) C0MKANDET: COLE: Prosecution document No. 8220, the affidavit of Corporal Herman E . Fayal, sworn to 10 October 1945, is offered for identifi- cation, and the marked excerpts therefroro ore offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLFRK OF THE COIPT： Prosecution's document No. 8220 will receive exhibit No. 1906 for identifi- cation onl3、 and the marked excerpts therefrom will receive exhibit No. 1906A. (Whereupon, the document above re- ferred to was rarked prosecution's exhibit No. 1906 for identification; and the ex- 25 cerpt therefrom was marked prosecution's exhibit No. 1906A and received, in evidence.) COMMANDER COLE: These two affidavits de- scribe the conditions under which prisoners lived at Hoten Camp near Mukden. Over two hundred prisoners died as a result of rralnutrition, lack of medical care, and ,'.ack of fuel. The buildings were inade- quately heated although plenty of coal was available for issue. During the first month and a half the prisoners received maize and Chinese cabbage soup and two sour buns a day. The food was frequently so con- taminated that the prisoners could not eat it. All requests for additional food, fuel and roedical sup- plies were refused by the Japanese. Prosecution document No. 8123, the affi- davit of John B. L. Anderson, sworn to 23 January 1946, is offered for identification 5 and marked excerpts therefrom are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8123 will receive exhibit No. 1907 for identifi- cation onljr, and the excerpt therefrom will receive exhibit No. 1907A. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 1907 for identification; and the ex- 14-,189 cerpt セ h e r e f r o m was marked prosecution's exhibit No. 1907A and recc-ived in evidence.) COFJ/iiNDER COLE: This offidavifc-states tbat at Kiang Wan Camp the food was poor and the work very hard. Deponent lost almost forty pounds while at this camp. The prisoners were forced to work in constructing a rifle range- for the Japanese Army and also in polishing shells and repairir g tanks and trucks. At Feng Tai Camp the prisoners slept on the floor and received a cup of rice or flour and a cap of watery soup three tiroes a day. Prosecution document Mo. 8063, the affi- davit of John F . Bronner, sworn to 20 October 1945, is offered ^ 、 identification, and the marked ex- cerpts therefrom are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8063 will receive exhibit No. 1908 for identifi- ca-cion only, and the marked, excerpts therefrom will receive exhibit No. 1908A. (Whereupon, the document above re- ferred to 巧 a s marked prosecution's exhibit No. 1908 for identification; and the ex- cerpt therefrom, was marked prosecution's exhibit No. 1908A and received in evidence.) 14-,190 COMMANDER COLE: This affidavit states that at Pootung Camp the food ration of the internees "was cut thirty-five per cent during the year 1944. Prosecution document No. 8004， the affidavit of Sergeant Roger P. Bamford, sworn to 5 March 1946, is offered for identification, and marked excerpts therefrom are offered in evidence. THE PP1ESIDEFT: Admitted on the usual terms. CLEBK OF THE COUET: Prosecution l s document No. 8004 will receive exhibit No. 1909 for identifi- cation only, and the marked excerpts therefrom will receive exhibit No. 1909A (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 1909 for identification; and the ex- cerpt therefrom was marked prosecution's exhibit No. 1909A and received in evidence.) COMMANDER COLE: Prosecution document No. 8450, 4 Certificate by Captain C. W . Willoughby, Assistant Chief of Criminal Registry Division, Legal Section’ GHQ, SCAP, sworn to 27 December 19A-(, is offered in evidence. THr PRESIDENT: Admitted on the usual terms. CLIRK OF THE COURT: Prosecution's document No. 84ヲ0 will be given exhibit No. 1910. 14-,191 (Whereupon, the document above re- ferred to vvas narked prosecution's exhibit No. 1910 and received in evidence.) COMMANDER COLE: This certificate covers the source and authenticity of prosecution document No. 8004 as well as a number of other documents which will be offered in evidence shortly. Prosecution document No. 8004-B, the affi- davit of Sergeant F'oger D. Bamford, sworn to 5 Hero.h- 19^6, is offered for identification, and marked excerpts thc-refron are offered in evidence. THE PRESIDEFT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No.. 8004B will receive exhibit No. 1911 for identifi- cation only, and the marked excerpts therefrom will receive exhibit No. 1911A. (Whereupon, the document above re- ferred to was marked prosecution 1 s exhibit F o . 1 9 1 1 for identification^ and the ex- cerpt therefror was rrarked prosecution's exhibit No. 1911A and received in evidence.) CCHMANDER COLE: Prosecution documents No. 8004 and No. 80043 relate to conditions at Kiang War and Woosung Camps. Deponent states that at both camps the prisoners received a small t e-cun full of 14-,192 rice three times a day and a small amount, of waterv soup twice a day. Prisoners slept in barns on the earth floor with no stoves and no fuel for fires. The Japanese pade no attempt to provide medical care The onlv medical attention was received from a medical cr'ficer among the prisoners. Four or five prisoners at Kiang Wan Camp and approximately thirty or forty nrisoners at Woosung Camp died due to mal- nutrition, beri-bcri and dvsentery. Prosecution document No. 8218, the testimony of Private James A. Gilbert, sworn to 14 Novenb^r 19 4 -?, is offered for identification, and marked excerpts therefroir. are offered in evidence. THE PRESIDEK'T; Admitted on the usual terms. CLIRK OF THF COU T: Prosecution's document No. 8218 will receive exhibit No„ 1912 for identifi- cation only, and the marked excerpts therefroin will receive exhibit K o . 1 9 1 2 A . (Whereupon, the document above re- ferred tc was marked prosecution 1 s exhibit No. 1912 for identificaticnr and the ex- cerpts therefroni were marked prosecution's exhibit N o . 1 9 1 2 A and received in evidence.) COMKAI...DEr.: COLE: Deponent states that during the first few months he was ,、.t Mukden Capp about 250 14-,193 American prisoners died either from starvation or dysentery. No medical supplies were available. The food consisted of Eiaize and soy beans. The prisoners worked in nearby factories making steel helmets for the Japanese Army, air- plane narts and gears for large calibre guns. Depon- ent. worked in a steel mill sixteen hours a dav. During M s stay in Mukden Camp as a result of the hard work and poor food, he lost over sixty poundb in weight. Prosecution document No. 8206, the testimony of Corporal Herman Hall sworn to f October 1945, is offered for identification, and marked excerpts arc offered in evidence. THE ffiESIDEMT: Admitted on the usual terms.. CLIRK OF THE COURTs Prosecution document No. 8206 will receive exhibit No. 1913 for identifi— cation only, and marked excerpts therefrom will re- ceive exhibit No. 1913A. (Whereupon, the document above re- ferred to wes marked prosecution's exhibit No. 1913 for identification, ard the ex- cerpts therefrom r, ere marked prosecution's exhibit No. 1913A and received in evidence.) CCMMAFDra COLE: Deponent v,as cor fined at Camp Hoten, Mukden. The- camp was about six hundred yards from a large J^Tinesc. amcmnition factory. There was DO designation on the prisoner—of—war camr. Dur- ing a B-29 air raid nineteen nrisoners were killed arid about thirty ヮere injured. Prosecution document No. 8312, the testimony of Corporal Floyd H. Comfort sworn to 17 December 194-5, is offered for identification, and marked excerpts therefrom arc offered in evidence. THE PFESIDE1'‘T; Admitted on the usu^,l terms. CLERK OF THE COURT: Prosecution's document No. 8312 will receive exhibit No. 1914 for identifi- cation only, and セhe marked excerpt therefrom will receive exhibit No. 1914.A. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 1914 for identification; ^nd the ex- cerpt therefrom was marked prosecution's exhibit No. 1914A and received in evidence.) C O M M D E R COLE: Deponent states that at Wcosung Camp and Kiang Wan Camp the prisoners were used in working at a re-oair depot for all kinds of military vehicles and also in polishing artillc-ry shell cases. Prosecution document No. 8 1 3 6 , the affi- 1 4 , 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 davit of Private Stephen M . Zivko, sworn to 6 Octot r 194-5, is offered for identification, and marked excerpts therefrom are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE. COUHT: Prosecution's document No. will receive exhibit F o . 1 9 1 5 for identifi- cation only, and marked excerpts therefrom will re- ceive exhibit N o . 1 9 1 5 A . (Whereupon, the document above re- ferred to was narked prosecution's exhibit No. 1915 for identification; and the ex- cerpts therefrom 切 e r e parked prosecution's exhibit 1915A ard received in evidence.) COI,'iT:AHDER COLE: This affidavit confirms the fact that prisoners at Kiang Wan Camp helped to construct a rifle range- and repaired Japanese Army motor equipment. The affidavit also states that at Kiang Wan Camp the prisoner working narties were not permitted to take cover during air raids until the planes were directly overhead. No sleep- ing facilities were provided other than a straw mat upon the "brick floor. That completes the evidence for the China phase of this case. THE PEESIDEFT: The affidavits subirittei in 14-,196 the last hour will take us a day to ^ a d , but we prefer it that way. 14-,197 COMMANDER COLE: I offer in evidence prose- cution document No. 8 3 9 1 which is a further synopsis of evidence relating to Japan. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8391 will receive exhibit No. 1916. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1916 and received in evidence.) COMMANDER COLE: Synopsis of Evidence. Japan. Prosecution document No. 8006, the affidavit of Major Thornss H . Hewlett, sworn to 2 October 194-5, is offered for identification$ the marked excerpts therefrom sre offered in evidence. THE PRESIDENT; Admitted on the usual terms. CLIRK OF THF COUET; Prosecution's document No. 8006 will receive exhibit No. 1917 for identifica- tion only; the marked excerpts therefrom will receive exhibit No. 1917A. ("Tiereupon, the document above referred to wss marked prosecution's exhibit No. 1917 for identification, the excerpts therefrom being m&rked prosecution 1 s ex- hibit No. 1917A end received in evidence.) C O M A K D F R COLE: This sffidsvit describes 1 2 3 4 5 • 6 7 8 9 o 12 34 5 6 7 8 9 o 1 2 34 5 Morse & whalGn 14-,198 the brutal treatment of prisoners of war in Camp N o , 1 7 , Fukuoka, at which Major Hewlett wss senior medical officer during his internment, and gives the following instances; (A) Mcrine Corporal James G. Pavlokos wes confined in the guardhouse in December, 194-3, on s charge of theft, without food for s period of approx- imately 35 days, at the end of which period he died of starvation. Deponent examined the body rnd esti- mates thst the weight of deceased had gone down from 170 pouncs to 55 pounds at the time of death. (B) Private Noah C. Heard was executed in May, 1 9 4 4 , by bayoneting for the repeated offense of theft of food. (C) Corporalた.Iter Johnson was confined in the guardhouse in April, 194-5, for talking to s Japanese civilicn miner. He was permitted no food and was subjected to severe "ber.tings day ana night rs a result of which he died. Deponent e'xemined the body sfter de?.th snd saw many signs of severe beこ.tings, (D) Private William N. Knight was confined to the guardhouse in Mr.y,19455 for stealing s bun in the mess h a l l . H e was subjected to repeated be?t- ings and torture, end died after about fifteen drys. Deponent wcs not permitted to examine the body but 14-,199 is of the opinion that the men died of starvrtion, possibly complicated by pneumonic. (E) Private Worldly was placed in the gurrd- house in the spring of 194-5 for heving c smoll piece of zinc in his possession. After deeth, sn exemina- tion of his tody by deponent indicated th&t derth w?s the result of besting. Men in the guardhouse were beaten with e. 2 x 4 about the length of s brsebell bet. (F) In Mrrch, 1944, two prisoners of we.t were placed, in the guardhouse end forced to kneel for lonp periods of time on bemboo, as e. result of which they developed, gangrene. It wrs necessary to &mputste both feet of one prisoner, and three toes of the other. (G) Det)ondent was confined to the guardhouse for six days in O c t o b e r , 1 9 4 4 , for submitting £ written complaint to the Jspsnese doctor concerning sick men who were forced to work in the mine. (H) During two. years in this ccmp the medical dep&rtment wc.s issued only sufficient Red Cross medicines to cr.re for five hundred men for three months, although the C£,mp reached the totel nopulation of 1780. Depondent performed 135 major operations with- out gloves and with iriEdequc.te instruments. 14-,200 Prosecution document No. 8022, the fffid?vit of 1st Lieutenc.nt John H . Allen, sworn to 3〇 December 1945, is offered for identificftion； the mcrked ex- cerpts therefrom r.re offered in evidence. THI PR1SIDINT: Admitted on the usuol terms. CL： HK OF TK： COURT: Prosecution's document Ko. 8002 will receive exhibit No. 1918 for identifica- tion only; the： mc.rked excerpts therefrom will receive exhibit No. 1918A. ( r hf reupon, the document r.bovc re- ferred to ¥ ； £ ： s nurked rrosecution's exhibit No. 1918 for identifiertion, the excerpts therefrom being mrrked prosecution's exhibit No. 1918a f;nd received in evidence.) COi;L!aHDI.R COLI:: This ？ ; f f i t r v i t is ？ . n eye- witness account of the execution by br.voneting of Private Koch C. He^rd, previously referred to in prosecution document Ko. 8OC6. Deponent witnessed the execution, which took plf.ee without triこ1,from the window cf こ . n e t r b y building. The Jcprnese gufrds formed e semi-circle £round the prisoner who wrs df、zed from reperted bertings, f.nd bayoneted him fs he sft on the ground. The rffidfvit stctes rt pr.^e 4: "From the window, I srv; thrt c semi-circle of gurrds hrd formed behind Pvt Her.rd. At ?： commend 2 4 5 6 7 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 from Lt。 Ken YURI, one of the gurrds ceme forwrrd and bayoneted Herrd in approximately the middle of his "be-ck。 I do not know this guard's name. Pvt. Hecrd grunted end fell forward from the imp£ ct of the onrush- ing gucrd m d "begen to retch end twitch, me king gesticulations similar to those of a brute th?t hrs been mortelly wounded. These gesticulations cr.vsed hin to roll on his back with his right side exposed to the semi-circle of ruerds. Upon the return of the first guf.rd to the semi-circle, on the command of Lt. Ken YURI, sccond gurrd went forward rnd plunged his beyonet into the exposed right side of Heard 1 s cbdomen. I do not know the nr.me of this gu&rd eith； r. The gUc.rd. withdrew end the Japanese doctor MURAO, Lt.Ken YURI, Sp. Major MORATAKI, Inter- preter OYI Lnd some of the s?uc rds went uri to examine Hetrd ' s body. Ey this time, Heerc ' s rctions we re- no longer violent ； however, z. slight spasmodic twitch co 1 'Id be noticed in his fends m d feet. A third gucrd whose nrme I do not know then tu.rncd his r n l e butt up c.nd thrust the bayonet verticolly into Heord's thror.t. Tht gutrds then proceeded to rc.ke r.cross Hec.rd' s c.bdomen, cutting it to bloody ribbons Prosecution document No. 8117, the rffidrvit of Fusilier ”'illir.m Johns on, sworn to 4- February 1946， 14,2©2 is offered for identification; the merked excerpts therefrom rre offered in evidence. THI PRESIDENT; Admitted on the usuc.l terms. CLFHK 0? TH V COFRT; Prosecution's document Ko. 8117 will receive exhibit F o . 1 9 1 9 foridentificc- tion only; the mrrked cxcc^rpts therefrom will rc- ceivc exhibit No. 1919A. ("Ticreupon, the document r.bove referred to wr；s marked prosecution's ex- hibit No. 1919 for identifiertion, the excerpts therefrom bein^ mrrked prosccu- tior^s c-xhibit No. 1919A "nd received in evidence.) C0.S1A?IDFR COLI : This rffidrvit describes the brutnl trectment of P. prisoner of wrr st Sendti Ctrnp K o . I B on 4 Februcry 1945. The prisoner wrs in e very werk condition resulting f.rom beriberi end mclnntrition rnd asked to SGC the mcdicrl officer, Fhercupon he- wos knocked down by c Jcpcnese militrry gucrd ?nd kicked in the stomcch while lying on the ground. He died thct evening. Prosecution document No. 8026, the sworn Gffidt.vit of エ こ n Dong Irs N-.wlr.nds, drtcd 12 April 1946, is offered for identificetion； the marked c.x- cerpts therefrom &re offered in evidence. 14,2C3 THF PRESIDENT: Admitted on the usual terns. CLERK OF THE COURT: Prosecution's document Ko. 8026 will rcceive exhibit No. 1920 for identifica- tion only5 the mr.rkcd excc.rでts therefrom will rcceive exhibit No. 1920A. ('"hereupon, the document r.bove rcferrcd to we.s marked prosecution's ex- hibit No. 1920 for identific?.tion, the fcxccrpts therefrom being mr.rlced prosecu- tion' s exhibit No. 1920A end received in cvidencc.) COMMANDER COLI: This rffidnvit describes conditions in prisoner of vjcv cfmps rt Moji and ft Hakodate N o . 1 . A t the Moji Hospitel there were 180 prisoners end during the two months thft deponent wc.s a potient rbout fifty of those： died, chiefly from lack of medicsl Fttention. At Htkoclrtc Crmp N o . 1 deDonent sr.w thし killing of ご Dutch crisoncr wh,o hed been cccuscd by the J e p m e s e guards of theft. The Dutch prisoner 7;; s confine d in the gucrdroom without food end every few hours he wf:.s tr.kcn from the cell c„nd bcc ten by the gurrds with fists, sticks r;nd belts. After a few days the prisoner died. The deponent wr s sc.verly bertcn by the Jcpsnese gurrds for refusing to order priscnf rs to 14,2G4 perform work for which they were unfit:. The prisoners rt this ccniD \hctc employed in the Muroran S t o c l ' o r k s which produced steel for tnr king gun btrrols. Collective punishments were imposed on the prisoners for minor offenses by forc- ing the entire ccmp to stsind on ptrr-de all night rnd. then go to work the next morning. Prosecution document No. 2662, Pfrt 23, the Report of the Jrprntse Ccntrsl Investigation Committee relrtinr to Prisonf-rs of - v rr, dr.ted 9 Jc.nir.ry 194-6, is offered in evidence. THE PRESIDENT: Admitted on the usurl terms. CLLRK OF THE COURT; Prosccutior 's documrnt No. 2662, Pご.rt 23, will reccivc- exhibit N o . 1921. (Whしrouporij the document rbovc referred to wrs marked prosecution's ex- hibit No. 1921 end received in evidence.) COI'CIAKDrR COLF ； This rerort relates to the trcctmcnt of ccpturod Allied rirmcn in the Er：stern Militc-ry District of Jepan. From this document, which \ri.s written by the Jrpc.riGsc- cuthoritic s thGinselvGS, it rpporrs thet Allied airmrn ^'ctc treated with erctt brutxlity。 The, report states f.t the bottom of pr.ee 2, cs follows ； "The trcr.tmcnt of the rirrnen of the Allied 14-,205 Forccs ccpturcd in the Erstcrn R rion were divided into two categories. First, if they were suspcctcd of violctinp militerマ reep.lctions, they were discos' d of by cou.rts-mcrt.icl. Sccond, if they werじ rcquittcd, they were intrrncd in the P01F cr.mps m d treated r.s ordinr.ry POW. However, before the so sterns were tr.ken they nt first were detained in the gucrdhouse of the Lrstern Militcrv Police Unit H^ndqunrtcrs c.s sus- pc ctod violators of militrry regulations....During the period of detention there were 17 deaths." Additional incidents showing the brutal trertmcnt of Allied sirmcn こ r t set forth on pr gas 1 end 2 of the report c.s follows: On the. night of May 2ヲ，1945, 62 Allied cirm^ n who were interned in the; detention house of the Tokyo Army Prison r.s snspectcd violctors of the militcry regulrtions were burnc-d to death in tho rir rr ids. A seriously injured pilot of c P-29 v/hich fell in Hiyoshi Villr.sc in Chibc Prcfecturc recoivca Kr isheku, thi't is, ho wr-s behec.dcd on 2 6 , 1 9 ^ 5 5 on the orders of the Jrrcnese crptr.in of the p&trol. The report adds thrt there is an indicrtion thrt bf yoneting of the body took pl^cc Lfter desth。 Or pc ge 27 of this document is set forth 14-,206 £n cidditional report by the panose Investigrtion Committee dr.ted 26 December 194-5? relating to the trt r tment of capturcd Allied airmen in the Tokri or Isst. i'n See： Region. This report states (pcrr.- grcph IT, pr.pc： 27): "From Ftbrurry 1 1 , 1 9 4 5 ? when the Tokai (T.N. Icstern Scs.) Hilit.rry District wrs established until the time： of truce, the number of surviving eirmen of allied plrncs who descended •within the District wrs 44. Of these, six Tien r.t the beginning wc-.rc. interned es prisoners of war since it we.s clecr thrt they had cttrckcd militrry objeets 5 end the eleven men who lctcr dosccnded on Mry 14th we're sent to courts-rac.rtiel bc-cr.use they hrd conductcd indis- criminate borabincs rnd were deeply suspected of bcinp mr.jor war criminrls ； 27 men who Ic.tcr descended £fter the letter p^rt of Mcy, were disposed of by military rogulc.tions without formrl procedures of the courts mrrtirl due to the situation rt that time. It vio.s decidcd thrt thc-se men were clt-rrly guilty of inhuman, end indiscriminr.te bombings." THE P R E S I D E N T ; i r e will rcccss for fifteen minutes. (Whereupon, nt 1045,こ recess wrs t&ksn until 1100, after which the proceedings were resumed rs follows:) 14,207 MAR卜HAL OF THE COURT: The International Military Tribunal for the Far East is now resumed. THE PREtlDENT: Commander Cole. COMMANDER COLE; The document last Introdnco^ was prosecution document No. 2bb2, Part 23. In regard to the execution of the 27 airmen without trial, the report further states on page 28 as follows: "Around Itay of this year, the Headquarters of the 13th Area Army (operational army formed in conjunction with the Headquarters of the Tokai Military District, with most of the personnel holding concurrent positions in the Headquarters of the Military District) estimated that the tine of the landing on the mainland by the Allied Forces would be around August. At that time, the whole Army was concentrating on the preparations for the operation, and the work of the Headquarters was also extremely busy. By chance the headquarters received 11 men, airmen who participated in the indiscriminate bombing of Nagcya on May 14th, and discussions were going on about courts martial for them. However, accompanying the air rnids which were getting more violent, the situation was such that the number of airmen was increasing further. After the latter part of May, the 4 6 7 8 9 0 12 4 6 17 8 9 20 22 23 24 25 Y e1d e n & wolf 14-,208 enemy bom^in^s seemed to have shifted to Inhuman and indiscriminate bombing of cities, aining mainly at destroying private houses with incendiary bombs, and killing and wounding of citizens• This was also clearly perceived through investigation of these airmen. "With the passing of time, the operational work became busier than ever. Various situations had to be taken care of speedily, and despite the thorough efforts cf the officials and the people, the damages caused by the indiscriminate bombings •became gigantic, and the hostile feelings were reach- ing the limit• Meanwhile, under the severe and contin- uous air raids day after day, the administration of these airmen was very difficult. In other words, the area army decided that under the circumstances, sending these men to courts martial which are complicated and delaying, would not be consistent with the prevailing state of affairs. Consequently r 11 men were executed in the mountains of Miyazu, Akazu-Cho, Seto City on June 28th, and 16 nen were executed at the rear of No. 2 office building cf the Headquarters on July 14." Prosecution document No. 2662, Part 24, the report of the Japanese Investigation Committee relating to Prisoners of Y/ar, dated 26 December 1945"，is offered in evidence. 14-,209 THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 2^62, Part 24, will receive exhibit No. 1922. (Whereupoa, the document above referred to was marked prosecution's ex- hibit No. 1922 and received in evidence.) COf.狐NDER COLE: This report relates to the treatment of Allied Air Force personnel in the Central Military District of Japan, The report states (paragraph 2， page 1 ) : - "Total number of the Allied Air Force F U f h t Personnel who were captured within the Central Military District by the Japanese Army was about forty-nine, of whom three were sent to Tokyo； about six died from injuries and sickness^ two were put to death after trail by court-niartial; and the rest, of about thirty- eight , w e r e put to death without being court-martialed." The report states Cpage 4) that the thirty- eight airmen were executed without trial due to the fact that the Japanese army personnel were too busy preparing defense operations against the intensified air raids and anticipated an invasion by U.^. forces and that the Judicial Depai'ttiient was too busy with cases of violation of military discipline. This is set forth on page 4 as follows: "The intensification of air raids from June, , o n w a r d s , brought about a gradual increase alsn 3 in tho number of captured air flight personnel, hut 4 aiihough the D ntral District M.P. Unit, following thorough investigations on the strength of the afore- mentioned orders, secured evidence of violation of Martial Law in each of these cases, these flight pers- „ ； o n n e l could not be brought before Court-martial due o to the 1ジtla Area Army Headquarters (an operational unit incorporated into one body with the Central Military District Headquarters, and the greater part of whose personnel ^vere holding additional posts with the Military District Headquarters) bring too busily occupied in the preparation of defense opnrations against the intensified air-raids and supposed landing on our mainland by the U.S. forces, and on account of the Judicial Department, too, being kppt busy in. dealing with casps of violation of military discipline. "At that time, th« Central Military Di^t^ict Army opined that thp intensification of air-raids since the autumn of the yoar before 一 especially the fadt that tnany lives ap.d considerable private property" 9 10 1.1 12 13 14 15 16 17 18 '-9 10 21 22 23 (had been destroyed as a result of the indiscriminate 24 25 incrndiary bombings 011 Tokyo y Nagoya y Osaka and Kb be, ptc., since March of this year, had roused the itidigtiation 14-,211 of the nation - especially towards thp flight personnel- to an pxceedingly high pitch.. "As, under the afore-mentionfid circumstances, the Central District M.P. Unit rpceived no instructions from tho Central Military District Headquarters, 6 regarding the mr-asures to br- taken against the flight personnel, they contacted ths Tokyo M.P. Headquarters, and on the occasion of the first pxecution in the beginning of July, same was carried out by also con- tacting the Military District Headquartrrs. "As stated above, the said total of forty- three persons wnre executed by shooting in several lots by special personnel at the manopuver area at Nobutayama, Izumi-Kita Gun, Osaka Prefecture and the firing range at Higashi-ku, Osaka City, from thp period bptxveen the beginning of J-uly to the middle of August 7 and th^ir bodios were burled at the same places»" Prospcution document No. 2662， Part 27, the report of the Japanese Invr-stigation Committee relating to Prisoners of 双 a r dateH 1 2? March, 194^, is offered in evidence. THE PRESIDENT: Admittpd on the usual terms. CLERK OF THE COURT: Prosecution document No. 2662, Part 27， will receive exhibit No. 1923. 14,212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (TThpreupon, the document above referred to was marked prosecution's ex- hibit No. 1923 and received in evidence.) CO!.碰NDER COLE: This report confirms the statement in prosecution document No. Part 24, that of thp forty-r.inp capturr-d airman two wer^ 户 x e c u t p d by ordor of a court-martial and six died of injuries and illnesses, but indicates (pagp annexed N o . 1 ) t h a t tho numhpr of airmpn who wor^ othnrwis广 executed was actraally forty-one instead of thirty-^ight. The report also states (paragraph C, 1 , 2 and 3， pages 27 and 28) that Lt. General OKIDA， f-anji, the Military Police Commandant, In June, issued a message to each Military District Police Headquarters advising them that if captured airmpn could not >»e disposed of immediately by courts-martial pnrhaps other methods might unavoidably bo used. The report statrs at tho top of page 2: 14,213 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 "3. In regard to the public feeling against the captured airmen, "After the bombings of the Japanese Mainland ”ere initiated, not only were fearful sir raids against important facilities continued, but in various places the losses in lives and properties of non-combatants started to mcunt. Accompanying t'ris, the hostile feelings of the people began to increase. However, in ？'arch "'her ：し-•で£ cities such as Tokyo, Fagoya, Osaka anc， Kooe oegan to suffer '.ndiscri'iinate incen- diary bombing raics, and huge losses were suffered, tl-e people' s feelings suddenly became violent and their hostile feelings increased. The general public opinion against the captured airmen hardened conspic- uously. Later on, the indiscriminate bombings by Allied aircraft became increasingly and ceaselessly violent and the people's spirit of vengeance reached its li' it. The situation ceme to the point where even Japanese airmen who parachuted down were in danger of harp, because the people did not take time to make distinctions. "C. Relationship between the Central District Military Police Unit Headquarters and the Military Police readquarters in regard to punisliraents. 1 . A c c o m p a n y i n g the sharp increase in 14,214- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 air raids against the meinland in the spring and summer of 194-5, the number of raptured airmen in- creased considerably. However， for various reasons, every unit was unable to speedily "bring these nen to courts martial. Because of this, the Nilitarjr Police Unit in the various areas had difficulties in the internment of these men on account of the poor and crowded interment f a c i l i t i e s A r o u n d June of 194-5, Lieutenant General OKIDO, Sanii, the rilitarv Police Co^H^ndant, after considering the general state of affairs, issued a personal message using the name of Colonel YAMAFURA, Yoshio, Cbief of the External Affairs Section of the Military Police Feaごquarters• The nessage ^as issued to each Military Police head- quarters Commandant in the Northern, llortheastern, Eastern, Tokai, Central, Chugoku, Shikoku, and the Western District in regard to the banc 1 ling of ‘ captured airmen. "2. The gist of the s^id personal message, according to the menories of tl-ose who 巧 e r e 七 h e n connected，..'itレ the Military Police Headquarters, is generally as follows: "Courts martial for captured airmen are generally at a standstill. Because of t'-is, it seems th?t the interned pez-sonnel have increased and the various Filitary Police Units are feeling extreme difficulties in the handling of these men. From the standpoint of the T'ilitarv Police, t.i-ev hope for Vne acceleratio'i o^ the courts martial. There are •orobably sone men among the prisoners 只 h o carried out inhuman and indiscriminate bombings. It is only right that these nen be immediately punished severely according to military regulations. "If it is possible to ms>ke inmediate dispositions by courts martial, perhaps other methods ^av unavoiclablv be used. Hovever, it is up to the Military District Headquarters to decide vj'-ich of the two methods shor.ld be adopted, and it is not a matter to be h"ndled h’v the Military Police. Therefore, it is best to nake contacts r'ith the Chief of Staff of the Militar；'- District concerned, according to necessity. Moreover, it seems that he ac'cied that t：-is case should first have the independent decision of the Chief o^ Staff of each Military- District. "3. According to Ma joで-General KAGATOMO, Tsuguo, Cow：‘-！-an̂ant o ? the Military Police Unit Head- quarters o? the Central District, he ， マ a s trying to find a solution to the difficulties of'セhe internment of t're increased number of captured airmen. Since 14-,216 2 3 4 5 6 7890123456789012345 1 111111111222222 he received the afore-nentionecl personal message at this time, it seems that he interpreted the intention cf the message to riean i..mediate punishment of the captured airnen an*? he ordered bis officers to make preparations accordingly. "D. Relationship between the ？ " i l i t a r y Police Ur.it Peadquarters of the Central District and tbe Central Military District headquarters in regard to punishments. "1.Arounc 1 . the end of June (or the begin- ning of July), Haior-General NAGATOMO, Commandant of the Military Police Unit of the Central District "/ho received the said message, paid a visit to Lieutenant General KUFITAKE, ! T ichio, the Chief of Staff of the Central Military District. M G A T O M O nade the follcr'ing statement: 'As a result of in- vestigating captured, airmen, find that their statements are generally all alike. Therefore, hereafter ' マ e ”'ill not submit every bit of information and ”e wish to take the appropriate measures for t'.-ese airmen.' "Lieutenant General KUNITAKE did not think tl'at t v is negotiation r 'as something in connection 'ith anything as i "portent as the punishnent of the airnen, but be thought it was just a si r iple intelligence 14-,217 report. Therefore, he answered, 'I acknowledge it,' 9nd turned his attention to extremely pressing problems of operation preparations, and counter- measures against air raids. "Acoording to Lieutenant General KUriTAKE, it saens that he never even dreamed that the purpose of Na-or-General FA GAT 0110' s visit ”'as the contact :°or tl:.e important matter based upon the personal message from the rilitary Police Unit ？ l e a d q u a r t e r s . "2. In the early part of June (the exact date is not knov'n) K ajor SiTIFAI, Ikomaro, of the Filitary Police Unit Headquarters o:?七he Central District visited Colonel OBA, Kojiro, a Staff Officer of the Central Military District and said, 'Since xie have bad contact from the Military Police I J cedqu.arters, 7 " r e ".'ill punish the captured airmen T7ho are at present interned at the rilitary Police Unit of the Central District.' "Thereupon, Colonel OBA ssked, 'Is it proved that all of these captured airinon actually carried out indiscriminate bombings?' It seems that Major S H I M I answered, 'Yes.' "It appears that Colonel OEA thought that these punishFents v/ere matters concerning captured airmen マ ト o vqtq under the administration of the 14-,218 Military Police Unit of the Ccntrr.l District and bssed upon the t)lans of the higher ！Military Police Keac5,quarters to ^hicb the unit belonged. Therefore it ssoms that he answered, 'It is inevitable, if they are to be nunished by tho I.'ilitary Police Unit, f thinking that it was unavoidable, ?inco they were to bG punished in the light of military regulations," Prosecution document H o . 2662, Part 25, the report of the Japsnesc Investigation CommittGe dated 23 January 194-6. relating to tx-catrnont of Allied Air Force Pe:，？ormel in the 'Vgstern District of「a.pan, is offered in evidence. TI7 1 PRESIDENT: Admitted, on the usual terms. CLERK OF THE COURT: Prosecution's document No. 2662， Part 25, will recoivG exhibit Mo. 1924. (Wheroupon, the '-"'ocumsnt above referred to was marked prosecution's i'oit No. 1924 and rocoivc-d in c-videncs.) COLE: This report states (paragraph 2, page 1): "Of the Allied Air Force ^light Personnel captured by the Japanese Army within the Western I ilitarjr • District, about eight were put to death on ' the 20th of J u n e , 1 9 4 5 (Group 1 ) , a n o t h e r , approx- imately'- eight men, on the 12th of August in the same 14-,219 year (Group II), and another, approximately fifteen men, on the l5tl' of the same month in the same vear (C-roup III), "by personnel of the se.lC, T 'ilitary District Feadquarters." The report further states in paragraphs 3, 4, and. 5, commencing on page 1 as follows: "III. RE-EX^.CTJTIOr 0? GROUP I. "As a result of various cities in the Main- land having suffered one after another from incen- diary bombing by the Allied forces ever since the end of 1944, the hostile feeling of the ！ m i l i t a r y and government authorities, as well as the people, be- came steadily aggravated, especially upon Fukuoka City, the seat of the T "ilitarv District Headquarters, being eir-raided on the 19th of June, 1^45, which resulted in the principal ”arts cr，the City being reduced to ashes, ？ n d presenting the tragic sifht of large numbers of the general populace being made victirr's, thereupon the hostile feeling appears to bave become still further intensified. "It '--as under the circiiras'-.ances as per the foregoing paragraph that about eight of the raptured icht Personnel呵ere executed by personnel of the Hilitar.v District headquarters -'itI-in its compound, on the 20th of June. 1^,220 "IV. HE-EXECUTIOi：OJ 1 GROUP II • "On entering into August, successive p.tomic tomb r^lds were made by the U.S. Arny on the cities of ^iros!"ina and Eagasaki, victimizing the majority of the citizens of both cities, and upon it becoming that the miserable plight of the said victims ヮ3.s absolutely beyond vords, the general ^esling of p.ninosity appears to have soared up to its zenith again. "It v, as under the circumstances as per the foregoing paragraph that about eir-:ht captured Flight Personnel were executed by personnel oク tbe llilitary District Headquarters in a hill near the Aburayama Crematorium in the southwest part of Fukuoka City, on the 12th of August. "V. RE-EXECmOI, T 07 GROUP III. "Upon the war coming to an end on August 15th, various ^ild rumors became circulated through- out Kviirhu District, =nd Fukuoka District especially •was thrown i-to an indescribable state of confusion due to the weaker sex fleeing to places of refuge, etc., due to the fabricated report t'-at a part of the Allied Forces bad already landed, etc., and these factors appear to have aroused a sense of intense en- mity among a section of the officers of the Military 14,221 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 District Headquarters. "It was under the circumstances as per the foregoing paragraph that about fifteen captured Flight Personnel were executed "by personnel of the Military District Headquarters in a bill near the Aburayaraa Crematorium iri the southwestern part of Fukuoka City, on the l^th of August." Prosecution document Mo. 8223, the affidavit of Yorio OGIYA, sworn to 8 February 1946, is offered for identification and marked excerpts 七 h e r e f r o m are now offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8223 will receive exhibit No. 1925 for identifi- cation only; the marked excerpts therefrom will receive exhibit No. 1925-A. (Whereupon, the document above referred to ?ras marked prosecution's exhibit No. 1925 for identification only5 the excerpts therefrom being marked prosecution's exhibit No. 1925-A and received in evidence.) C O腿 N D E R COLE: This affidavit relates to the execution of two United States airmen at Osaka on 18 July 1945". These are the same two airman referred to in evidentiary document rio. 2662，Part 24-. The 14,22? 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 affidavit states that c'eponent acted as 'it.ness Public Pi'ocurator at the court martial of the tr/o airmen and asked for the death penalty. In answer to the question as to v/hat questio" s were asked of tbe airmen at the trial, the deponent stated (at the top of page 4): "0 What "/ere the questions asked, and vhat answers v/ere given? "A The questions asked viere as follows: " 1 . , ? J h a t unit they belonged and duties, name, rank, age, schooling, profession. "2. Places tbejr bombed: March 9,194-5, Tokyo 一 Incendiary bomb from Salpan. March 1 4 , 1 9 4 5 , bombed Osaka. March 17,1945", bombed Kobe. "3. Radar explanation. Fclson "/as asked to explain American radar system. Ilelson stated that be admitted the fact that he•bombed Japan, but he only obeyed his higher officers' orders. "Q. What was the verclict of the Kilitary Discipline Conference? "A. Lt. Nelson and Sgt. Auganus were found guilty and sentenced to dio by the firing souad." Prosecution fo^ument No, 8285, the affidavit of Staff Sgt. Marshall S. Shellhrj-t, sworn to 7 October 1945", is offered for identification and mrrked excerpts 14-,223 therefrom are now offered in evidence. TEE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT; Prosecution's document No. 8285 マ , i l l receive exhibit No. 1926 for identifi- cation only； the excerpt therefrom will receive exhibit No. 1926-A. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1926 for identification only; the excerpts therefrom being markc-d prosecution's exhibit No. 1926-A and received in evidence.) COMMANDER COLE; This affidavit states that at Camp ^D, Kawasaki, the Japanese guards 对 o u l d beat the prisoners v.dth sticks, clubs and steel rods until they v/ere unconscious in many cases, and would then throw -7 a ter on them to revive them and beat them into unconsciousness again. In many instances the prisoners were burned with small pieces of "burning punk under the guise of giving medical care. The prisoners were also required to hold a bucket of water or a sack filled with beans with their arms outstretched until they dropped unconscious from fatigue. 14-,224 Prosecution document Ho. 8071, the affi- davit of Corporal John B . Lippard, sworn to 2 Octo- ber 1945, is offered for identification. The mcrked excerpts froK this document are now offered in evi- dence . TEE PRESIDI-;I'!T ； Admitted on the usual terms. CLERK OF TKI:: COURT; Prosecution document No. 8071 ŵ '-l'l receive exhibit Ko. 1927 for identi- fication only, and the excerpts therefrom will receive exhibit No. I927A. ( T 'hereupon, the doctraent above re- ferred to v;as marked prosecution 1 s exhibit No. 1927 for identification, and the excerpts therefrom were marked prosecution's exhibit No. 1927A and received in evidence.) C O M M A腿3 COLE: This affidavit relates to conditions at Kamiolca Camp snd confirms the fact that a common form of punishment involved placing pieces of smoldering punk upon the wrist, stomach, or neck of the prisoners. A guard would stand over the prisoners and beat him if he flinched or collapsed. Deponent was burned in this manner and then beaten. Prosecution docunynt No. 8 2 6 3 ， t h e affidavit of Gunner John B . Lull ins, sworn to 3 November 194-5, is offered for identification. The marked excerpt 14-,225 therefrom is now offered in evidence, THE PRESIDENT: Admitted on the usual terms. CLLRK OF THE COURT； Prosecution document No. 8263 will receive exhibit No. 1928 for identi- fication only, and the.marked excerpt therefrom will receive exhibit No. 1928A. ( TTT hereupon, thu document above re- ferred to was mrrked prosecution's exhibit No. 1928 for identificction, and the marked excerpt therefrom was marked prosecution's exhibit No. 1928A and received in evidence.) COMIUDER COLE; This affidavit describes the torture of two prisoners of v/ar at Yamani Camp, Shikolm, in March 194?. The affidavit states, on page 5- "At Yamani Camp on the Jap Island of Shikolca, about March 1945, Gunner Basil Jones and Gunner Allan Orr, both of the 2/15 Fd. Regt。， were accused of stealing sug^r. "They were taken away under the orders of the Jap WO known as 'Happy Jack' for questioning. They denied having stolen the sugar, and told the truth, that they had obtained it from their Jap gurrds in exchange for cigarettes from tti dr Red Cross parcel. 14-,226 "'Ho^py Jack' refused to beliuve this and in an effort to extrrct a confession of tho ft from thern he spiked their hands to tables, nsing an ordinary type of office spike file. The spike was driven right through the hand savural times near the knuckle joints. Ht： then prised end lifted forcibly the finger nails of the men, using-a paper knife as a lever. The affidavit states that working conditions at this cc:mp were very bad. The prisoners hr.d to live on a sr.r.ll quantity of rice and barley c.nd use their few cents a day worl: r>ay to buy c.ny food they cov.ld. They were so starved th^y c.te the entrails of dogs and when thuy could get it horse flesh. The Tvorlc in the copper nine was tvjylve hours ひ dc.y, with one dcy off each nontli. THE PRESIDENT: Coriiander Colじ,ny attention is directed to pr.ge 3 of exhibit K o . 1 9 2 5 A . In that exhibit the r r ar L:inistry in Tokyo is ritjrrtioned r.nd also 1 9 General UCKIYiJ.IA r.nd General H;.TA. COMHANDER C O L E ;ェ will be glad to read that paragraph fror.: court exhibit N o . 1 9 2 5 A . THE IIOKITOR s Hr. Prosecutor, would you kindly point out -- C0LI1!;.HDER COLL: This is docur.ent 8223, 20 page 3 . 14-,227 THE MONITOR； Hiat paragraph, Lr. Prosecutor? C0:_il J D E R COLEr On page 3 , in the middle of thy page，cor—irencing: "Q Who instructed you to ask for tho death penalty of Nelson and Auganus?" THE MONITOR ； Thank you very nuch. v . T ill you give ne ； j u s t one nonent, please. coil":JDER COLEi Docunent 8223, on page 3 , reads as follows; "Q V'ho instructed you to ask for the death penalty of Kelson and Auganus? "A After Haj. Gen. OTAliiJlA completed his investi- gation, he wrote an opinion based on his investigation and forwarded this m i n i o n to Lt. Gen. Eitaro U C H I H , Comnander of the Central A m y Headquarters, to get an approval of thy death sentence. Then after obtaining the approval of Gen. UCHIY:瓜，Maj. Gen. O T A H U took his opinion to General HATA who was in corur.and of the Second General ニ r m y rnd こ l s o got his f approval of the death penalty. Lastly I&j. Gen. OTAE/J^l took the opinion to- the War Ministry in Tokyo and the death penalty wgs also approved. Then on the 18th day of July, 1945, I presented this opinion \ r ;ith the approvals of Gen. U C H I Y / H，Gu n . HAT A end tho rT ar Ministry, to the- Iviilitary Discipline Conforunce and denanded the death penalty by reading thu opinion end the approvals 14-,228 to the Judges of tho Kilitary Discipline Confuroncc. "Q Was Lt. Nelson end Sgt. Auganus p^rnitted to say anything in their own defunse at thti IJi丄itこry Discipline Confyronce? "A I renembur Nelson saying that he was only obeying the orders of his higher officers that he bonb Japan« I don't tenenber Sgt« Augcnus sc.ying anything. That wcis his defense M R。 B L B ^ T T s If thu Court please — THE P R E S I D E ^ : Ilr. Blewett. I'®。 BLE 1;1 ETTミ Inasmuch as one of the accused hes been nuntioned in this affidavit, we fuol that the witness should be produced, if £;vaila"ble. liay 'jvy have a ruling on the request, sir, THE P R S S I D M T : The natter Is of vital importance, and tliu witness, if availablu, should be produced. CORIANDER COLE: Since the Court desires it, the prosecution will naky uvery effort to procure this witness. Prosecution docur.ent N o . 8284, the affidavit of Private Owen R . Eobart, sworn to 16 SepteKbor 194-5, is offered for identification. The narked excerpts therefrom sre offeree! in evidence. THE PRESIDENT s Admitted on the usual terms. 14-,229 CLERK OF THL COURT: Prosecution document N o . 8284- will receive exhibit No. 1929 for identifica- tion only, ？ . n d the marked excerpts therefroi?. will re- ceive exhibit Ho. 192%. ( T,7 herenpon, the document above re- ferred to vvas marked prosecution 1 s (.inhibit No. 1929 for identification, and the ricrlced excerpts therefrom wore marked prosecution 1 s exhibit No. I929A and received in evidence.) C01I1L1NDEE COLE: This affidavit describes the naltreatcitsnt of the prisoners at Canp N o . 1 7 , Onuta. Deponent was forced to Imeel on bamboo poles in the guardhouse for five hours end was beaten with a club about six inches w i d e , i n c h e s thicl: and about as long as a baseball bat. An Australian had to have both legs smputated nbove the ankle "because his feet froze when he was forced to kneel on banboo poles. Deponent saw prisoners beaten with steel rods about + inch thick and throe or four feet long. Sone of the prisoners were rnde to stand in a puddle of water and then were shocked unconscious by a 11C volt electric wire. Sor.o prisoners caught pneumonia by having cold water thrown on thuE in thu winter just as they started out for vjork. Prosecution document Ko. 8051,the affidavit 14-,230 of Corporal A . L . Owuns, sworn to 1 November 1945, is offered for identification. The r.arkud excerpts thurefroi?. arc offered in evidence. THE PRESIDENT: /.emitted on the usual terns. CLERI： OF THE COURT: Prosecution document Ho. 8051 will receive exhibit No. 1930 for identifi- cction, r..nd the riErked uxcjrpts therefror will receive exhibit N o . 1 9 3 O A . ("'hereu-pon, the docuriunt above re- ferred to was narked prosecution's exhibit No. 1930 for identification, and the marked excerpts therefron were rrrkod prosecution 1 s exhibit N o . 1 9 3 O A cind received in evidence.) C O M M D b R COLE: This affidavit describes the torture of a U . S . Marino Private at Ccinp No.. 8, Hitashi in J u n o , 1 9 4 5 . ‘ ユ 1 the Japanese puards, numbering about ten, beat the prisoner with sticks, fists, and clubs off and on for about five hours. They threw water on hin: to ruvive hin, and then beat hin agein. He wes beaten so badly that the United States Arny doctors r,t first did not expect hiir. to live. Prosecution doctmont Ho. 8142, the- affidavit of 刊 a r r a n t Officer Janes Ciatley, sworn to 18 Hay 194-6, is offered for identification. Tho i：triced excerpt 14,231 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 therefrom is offered in evidence. THE PRESIDENT: Admitted on the usual teres. CLERK OF THE COURT; Prosecution doennent No. 8142 will receive exhibit No. 1931 for identifica- tion only, and the narked excerpt tlierefron will re- ceive exhibit K o . 1 9 3 1 A . (^hereupon, the document above re- ferred to was marked prosecution 1 s exhibit No. 1931 for identification, and the marked excerpt therefror：; was ir.arked prosecution's exhibit No, 1931A- and received in evidence.) COMMANDER COLE: This affidavit states that in December, 194-4, at Ko"be a prisoner was accused of selling a raincoat to a Japanese workman nnd was beaten by a Japanese lieutenant and twelve Japanese g-uards with fists, rifle butts, and woqden swords. Thereafter he -vvas put in the guardroom with no clothing whatever and only one blanket. The average temperature at this time was 20 degrees Idelow zero. The prisoner was beaten for half en hour every day f 1 9 days and eventually went mad and died. Prosecution document No. &016, the affidavit of Lieutenant C. E . Bucke, sworn to 24 January 194-6, is offered for identification. Hcrked excerpts therefrom are offered in evidence. 14-,232 THE PRESIDENT:ムdnitted on the usual terms. CLERK OF THL； COURT: Prosecution document No. 8016 will receive exhibit Wo. 1932 for identifica- tion only, and the narked excerpts therefrom will re- ceive exhibit No. 1932A. (Wtiereupon, the document above re- ferred to was narked prosecution 1 s exhibit No. 1932 for identification, and the marked excerpts therefrom rere ir.arked prosecution's ey'libit No. 1932A and received in evidence.) COICJANDER COLE: This affidavit relates to the maltreatment of prisoners of war at the mining camp of liiyata. Officers as well as enlisted prisoners were compelled to work 13 hours a day in the fields, unloading sacks of rice and coal and emptying latrines. Officers were allowed 360 grans of rice and 190 grams of flour a day. During the first two weeks at the camp the officers lost an average of about six pounds in wyight. All Japanese, military and civilian, were allowed to administer corporal punishment for any offense real or fancied. All Japanese, including boys of sixteen, had to be saluted at all times ? even in the dark. Medical arrangements were very bad. Deponent was of the opinion that the Japanese coulcl have made 14-,233 tilings very much better if they had wanted to. The Japanese non-commissioned officers who hr.d no knowledge of medicine could overrule the Dutch medical officers v;ho wore looking after the prisoners. On 7 August 194-5, about ninety to a hundred British officers were beaten with bamboo poles and sticks because the senior officer had attempted to . see the canp coninandant to make a complaint about a ten per cent reduction in the rice ration. Prosecution document No. 8077, affidavit of Captain A . L . Maher, sworn to 27 November 19^5, is offered for identification. Marked excerpts there- from are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 8077 will receive exhibit Ko. 1933 for identifica- tion only, and the marked excerpts therefrom will re- ceive exhibit No. 1933A. (Whereupon, the docixnient above re- ferred to was jerked prosecution's exhibit Ko. 1933 for identification, and the marl^d excerpts therefrom were narked prosecution's exhibit No-. 1933A and received in evidence.) CO適ANDER COLE: This affidavit relates to the rl?treatment of prisoners of war at Ofuna Canp. wolf & spratt 14,234 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Deponent status (page 3)； ,,r Te were compelled to line up in the court- yard and the Japanese guards would take turns beat- ing us with wooden clubs about fotir feet long and one and one-he. If inches square, which they held in 'coth hands. These were not clubs selected at random, but were regular issue to the Japanese guards. "' r hile nany of the beatings were due to the sadism of the Japanese guards, others were neted crut by the cainp comnanclant as well as his superior officer in the Japanese Navy*** Under the guisu of physical rciconditioning, Japanese neted out severti punishnent and beating, Fe were forced to run for long periods of time and cny prisoner ！ lagging behind or dropping fron tho line from exhaus- tion wns beaten with the two-handed wood clubs. We were forced to do 'push ups 1 and other violent exer- cises for long periods of time. Fcilure to complete these 1 exercises 1 in a manner satisfactory to the Japanese guards would result in a beating." Prosecution document No. 804-3 ？ the affidavit of V'illiam R . Leibold, sv/orn to 26 October 1945， is offered for identification, Kr.rked excerpts there- from are offered in evidence. THE PRESIDENTS Admitted on the usual terms. CLERIC OF THE COURT: Prosecution document 14-,235 K o . 8043 will receive exhitit N o . 1934 for identifi- cation only, and the narked excerpts therefrom will receive exhibit I.Io. I934A. (Whereupon, the docunent above re- ferred to was narked prosecution 1 s exhibit No. 1934 for identification, anc! the marked excerpts therefrom were narked prosecution's exhibit N o . 1 9 3 4 A and received in evidence.) c o n n 通 E H COLEs This affidavit confirms the nistreatment of prisoners of war at Ofuna Canp and gives several instances of mistreatment of captured airmen resulting in deat'i. Prosecution document No. 8 2 8 9 , the affidavit of George McRae, sworn to 9 October 194-5, is offered for identification. I^arked excerpts therefrom are offered in evidence. THE PRESIDENT: admitted on the usual terms. CLERK OF Tilt； COURT; Prosecution document W o . 8289 will receive exhibit No. 193 5 for ielentificatio|n only, and the ncrkecl excerpts therefrom will receive exhibit N o . 1935A. (Whereupon，the document above re- ferred to was narked prosecution 1 s exhibit N o . 1 9 3 5 for identification, c.ncl the narked excerpts therefrom wq-pp rmplr^d irrosmrMiti nn，5 14-,236 exhibit N o . 1 9 3 5 A and received in evidence.) COMM.JIDER COLS: This affidavit states that Gt Headquarters Canp, Osaka, following a B-29 air raid in /.pril, 1945, evening roll call was called for the 500 or 600 prisoners and every nan answering to the ntml:<jr "29" was taken out, beaten severely v/ith bamboo sticks and forced to Imeel on rock piles for about 1务 hours. Prosecution document ITo. 8234, tie affidavit of Chief Boatswain's Hate Philip E . Sacidurs, USI\ T , sworn to 21 September 1945, is offered for identifi- cation. Excerpts therefrom are offered in evidence. THE PRESIDENT: admitted on the usual terns. CLERK OF THE COURT； Prosecution document No. 8234 will receive exhibit No. 1936 for identifioa- tion, and the narked excerpts therefrom will receive exhibit K o . 1 9 3 6 A . (thereupon, the docunent above re- ferred to was narked prosecution's exhibit No. 1936 for identification, and the Harked excerpts therefrora were ！ n a r k e d nrosecution's exhibit No. 1936A and received in evidence.) C O i m i m m COLE; This affidavit describes conditions existing at the Osaka Main Canp at Honeho and confirms the previous affidavit as to the B-29 14-,237 beotings. The prisoners at this camp were compelled to work in vsrions Osaka steel plants making parts for tanks, trucks and ships) and also as stevedores they loaded and unloaded amriunition, tank parts, plane parts, rifles cnQ other military equipment. The canp ^jas within a few "blocks of warehouses, ferries anc! piers at which men of war frequently were tied up. The canp was not marked and was wiped oiit with the surrounding area in a B一29 raid in J-une 194-5. The affidavit states that beatings were a very conrion procedure. Deponent was severely beaten at least twenty-five tines during his stay at this camp. Over 95 per cent of the prisoners received a severe beating at one time or another. Atout twenty-five or thirty prisoners had their ear drums broken by "blows on the head. 14-,238 The affidavit states on pages 6, 7 and 8: "Other favorite punishments used by the Jap- anese were restrictions on the amount of food a man ccula have, including Completely cutting off his food for one or two days, cutting out the food of the whole barracks for the offense of one man, forc- ing s 11x8n to stand with a bucket of ssnd over his head with his arms stiff, forcing a man to kneel on the cobblestones, which were very sharp, for a period of two or three hoars, or putting a msn in a water tank, which served the camp with fire water, for the night, ihe tank was about five feet deep and this punishment wss administerect even in cold weather。 ^t least two or three men in the camp were hit daily with swords in scabbards, rifles, sticks or any other weapon handy at that tir^e. "Ihe average number of men in our csitp was between 650 and 700 men. Of these, about 120 or more men died in the 2去 years we were interned at Honcho。 *** Lost of the deaths occurred from pneu- monia ,beriberi or dysentery. "•About 15 of. the deaths in the camp were due, I believe, to forcing the men to work while siek and while giving them no medical attention." "The Japanese provided us with practically no 14,239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 medicine or medical or surgioal facilities while we Vvere in camp. Although we had experienced aen to treat our sick and wounded, we had no facilities they could use. In March 194-3 we received 40 cases of medicine and medical supplies from the lied Cross. These were supposed to serve the 22 camps in the Or.aka area. However, the Japanese refused to allow anything more than a small trickle of these supplies to be delivered to the other Osaka camps. At the time the camp was wiped out on 1 June 194-5, we still had about 90 per cent of these medical supplies on hand, although they could have been used very well to save the lives of men and prevent their suffering in the other Osaka camps." rros ecu tion Document JNo。 8197, the affidavit of Pvt. H。H。Pauley, sworn to 6 October 194-5, is offered for identification. The marked excerpts therefrom are now offered in evidence. THE RhESIDENT: Admitted on the usual terms. CLEhK OF THL COURT: Prosecution document No. 8197 will receive exhibit No. 1937 for identifica- tion, and the marked excerpts therefrom will receive exhibit N o . 1 9 3 7 - A . (V. he re up on, the document above referred to was marked prosecution's exhibit No. 1937 14-,240 1 for identification; the excerpt therefrom being 3 7 marked prosecution's exhibit l\io。1937-A anci , received in evidence.) 4 COiviMIvDEh COLL: Ihis affidavit states that -i st Kobe Camp Mo, 3 there were about sixty deaths 6 the first winter, most of which were due to lack ? of medical care and malnutrition. frosecution Document No. 8074-, the affi- davit of Sgtc u. h。 Linderfelt, sworn to 4 Octobcr 194-5, is offered for identification。Ihe marked excerpts therefrom are now offered in evidence, 1HL PKESlDLi'vT. Admitted on the ususl terms. CLLRK Of 1HE COURT; Prosecution docamtnt No. 8074 will receive exhibit Wo。 1938 for identification only, and the marked excerpts therefrom will rcceive. exhibit N o . 1 9 3 8 - A . (thereupon, the document above referred to was marked prosecution's exhibit No。 1938 for identification; the excerpt therefrom being marked prosecution 1 s exhibit I\io。1938-A and received in evidence。） C O M ^ D L R COLE: 'ihis affidavit describes the excessive and illegal punishment inflicted for minrr Infractions of the rules upon prisoners of war at Yokkaichi Camp. Deponent states st page 1: 14-,241 "At three sepcrate times エ witnessed priso- ners (five in all) who were strung upon ladders, hsnds tied to upper rungs so that their ffctt could not touch the ground。 They vere ms.de to r ems in in that position from three to four hours at a‘time for seversl dsys. Sometimes weights were placed on their feet, l^hen in that position they were beeten with sticks, belts and fists。 Generally these beatings produced open cuts on their bodies into vhich guards thrtw sslt. During this treatment the prisoners were given no food. Three of this group of five men were given this punishment for having stolen food end the other two for trying to get out of the bprracks building during air raids. This punishment was so severe that the men begged the Japanese guards to kill them." Prosecution document I«io。8291, the affidavit of Sgt. Frrnk E 0 Pick, sworn to 8 October 194-5, is offered for identificstion。lh& marked excerpts th&refrom Ere offered in evidence. TiiL PRESIDENT: Admitted on the usual terms. CLEhK Of THL COURT: Prosecution document I\:o. 8291 will receive eyhibit No. 1939 for identifies- tion only, and the excerpts therefrom will be exhibit 25 1939-A. 2 3 4 5 6 Ohcreiapon, the document above referred to vias marked prosecution's exhibit No. 1939 for identification^ the excerpt therefrom being merked prosecution 1 s exhibit ho, 1939-ム and re- ceived in fevidence。） C 0 M M M ) E h COLE； Ihis affidavit describes r cr.se of mr-ss punishment at Hirohats Camp in May, 1945。 Affiant stc?tes thet as e result of the theft of a quantity of food all the prisoners v;ere com- pelled to remain kneeling for approximately six hours. At the end of that time nine prisoners confessed to the theft end were thereupon ber.ten by the c??mp ste.ff with besebsll bats, clubs, rcpe and fire hose for r.boat four end ont-hrlf hours。 ’“hen one of the prisoners beepme unconscious he 讥 o u l d be revived and then beaten r.gsiru In m o t h e r esse described in the effidovit e prisoner viho inr.dvertontly fpiled to srlute a Japan— gu?ra rr-. s given the vfter care for ？ b o u t ^n hour rnd then beaten into unconsciousness. ILL fKESIDENT. le will recess npw until h?lf- pc+st one. ('/.hereupon；,, s.t 1200, s, recess wes taken.) 14-,243 AFTERNOON SSSSICW The Tribunal met, pursuant to recess, at 1330. MARSHAL OF THE COURT; The International Military Tribunal for the Far East is now resumed. THE PRESIDENT; Commander Gole. COIS'ANLSR COLE: Prosecution document No. 8078, the affidavit of Staff Sergeant ’”illiarr Ma honey, sworn to 12 March 194-6, is offered for iden- tification. l;arkea excerpts therefrom are offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's cocument No. 8078 will receive exhibit No. 1940 for identifi- cation only. The marked excerpt therefrom will. receive exhibit No. 1940-A. ('/hereupon, prosecution's document No. 8078 was marked prosecution's exhibit No. 1940 for ioentification^ and the excerpt therefrom was marked nrosecution's exhibit No. 194-0-A and received in evidence.) COiS/AKLER COLS: This affidavit states that at Camp No. 3， Fukuoka, one prisoner stole three fish 25 and as a result all the urisoners in the csnro were 14,244 2 3 4 5 6 9 o 1 2 3 4 5 111111 7 8 9 o 1 2 34 1 1 1-2 2 2 2 2 oenied food auring two meals.* Not only the culnrit, but all the other men on his detail were severely beaten. Another prisoner stole a Japanese shirt, and as a punishment all the prisoners in his barracks were required to stand up all night and were then aenied breakfast. Six other prisoners in the same barracks were severely beaten for not turning the culprit in. Such collective punishments were sanctioned by the comma no ing officer of the camp, ̂ ho was al^avs present at the time. Protests -".'ere made about these collective punishments, but nothing was ever cone. Prosecution document No. 8095, the affidavit of Sergeant Matthew D . Monk, sworn to the third day of October 194-5, is offered for identification. T'arked excernts therefroir are offered in evidence. THE PRESIDENT; Admitted on the usual terrcs. C L 狐 OF THE COURT: Prosecution's document No. 8095 will receive exhibit No.194-1 for icentificstion only. The marked excernt therefrom will receive exhibit No. 194-1-A. (Whereupon, prosecution's document Np. 8095 was marked prosecution's exhibit No. 194-1 for ioentifi—cation5 ana the excerpt therefrom was marked prosecution's exhibit 14,245 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 No. 194" • k and received in'evidence.) COKMANLER COLE: This affidavit describes an instance of excessive and illegal punishment which occurred at Norima Camp near Ragoya. A prisoner named Wagner was driven by hunger to steal fooc from the caniD galley on several occasions. After the second theft, Wagner was unable to return to his barracks in time to avoid aiscovery, and in order to escape punish- ment he attempted s.uicide. 7hile in a --veakenad condition from loss of blood,刑agner suffered the f ol- 1owing tortures at the hands of the Japanese camp personnel: a. The Japanese commanding officer, the camp non-eommissioned officer and the interpreter each kicked Wagner in the head four or five times as he lay- on the ground. b. Wagner was tied hand and foot and seated in front of the guardhouse for a period of 72 hours, during -•vhich time he was permitted no food or 了!'ater, and the Japanese camp personnel beat him .ffith clubs. c. Thereafter r?r agner was placed In the guard- house on reduced rations. He was to receive a GI spoon- ful of rice ana one-half CUD of tea three times a cay f^r thirty days. d . When th'is period had alroost elapsed , the 14,246 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Japanos^ announced that 'Tqgner was ceao. No examination of the bod}?- v/as permitted, but it was the oitinion of the prisoners who saw Wagner placed in the casket that he was still alive and breathing at that time. Prosecution document No. 8171， the affidavit of Corporal Alexis J. Mott, sworn to 13 October 1945, is offered for identification. Marked excerpts there- from are offered in evidence. THE ERESILENT; Admitted on the ususl tsrms. CISRE OF THE COURT; Prosecution's aocumGnt No. 8171 will receive exhibit N o . 1 9 4 2 for identification only. The marked excerpt therefrom ''-'ill receive exhibit No. 194-2^-A. (Whereupon, prosecution's document No. 8171 was marked prosecution's exhibit No. 1942 for idontification^ and ths excerpt therefrom was marked prosecution's exhibit No. 1942-A and received in evidence.) COMKANLSR COLE: This affidavit states that at Camp Dl,Yokohama, prisoners were forced to work in shipyards builcing different types of vessels, including naval cruisers, aircraft carriers anc tenders, and preparing many types of Japanese navul vessels. No bomb shelters other than open ditches were provided 2 5 for the prisoners. 14,25.2 Prosecution document Fo. 8118， affidavit of Lieutenant Colonel Robin R . Petrie, sworn to ths 29th day of January 1946, is offered for identification, and marked excoruts therefrom are offered in evidence, TiiS PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Frosecution's document No. 8118 will recoive exhibit No. 194-3 for idontificatioif only. The marked excerpt therefrom will receive oxhibit No. 194-3-A. (Whereupon, prosecution's document No. 8ll8 was marked urosecutj.on f s -sxhibit No. 1943 for identification； ana the excerpt therefrom，.vas rrarkod prosecution's exhibit N o . 1 9 4 3 - A and received in evidence.) COIMANDER COLEi This affidavit states that at Mot07ama Camp the prisoners were conpelled t o w ork in a coal mine an average of twelve hours daily. Safety conditions were, v;holly inadequate and this led to a number of unnecessary injuries. The floor of tha mine was often covered with water up to one foot in depth. In the spring of 1943, deponent complained to the Red Cross representative about the long working hours under unsatisfactory conditions and the fqct that the man had been given no day off curing the entire month 14,?248 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 preceding. Shortly after this, deponont was beaten by the senior Japanese non-commissioned officer on the pretext that he was responsible for a breach of some minor camp regulation. A month later v/hon tha Red Cross rapresentativo made another inspection, osporiGnt was placed in solitary confinement for five days upon tho same pretext in order that he should not be able to repeat his complaint to the Rod Cross representative. Prosecution oocument No. 8266, the affidavit of Oliver S. G. Roborts, sworn to 30 August 1946， is offっred for identification, and marked excerpts there- from aro offered in eviconce, THE PRESILSKT； Admitted on th3 usual terras. CLERK OF THE COURT: Prosecution's document No. 8266 will recoive exhibit No. 1944 for idGntifica- tion only, and tho marked excoriot therefrom will receive exhibit No. l W - A . ('Vheroupon, prosacution's document No. 8266 was marked prosecution's 2xhibit Ko. 1944 for idontification; an'?, the excarpt therefrom マ!as marked prosecution ? s exhibit No. 1944-A and receivod in evidence. COI^ANDSH COLE? This affidavit describes tho illegal cone itions of work in the camp at Orio. The affidavit states that the Drisonors ’;vere 14-,249 put to work in a coal mine v;hore conditions were very baa. There was a lot of water in the mine and the roof was dangerous. On one occasion tho roof fell in and caused two or thrao deaths. The man were forcGG to work tan hours a day and on one occasion vjent for tv/enty-ono days without rest. Affiant states, page 1: "In the winter time the cold '.vas intonso and wa v/oro given very thin blankots which did not keep us warm. In consoquonco, thora were a number of cases of pneumonia and fivo or six Australians died from pneumonia. "American Red Cross parcels were sent to the- camp bat most of the contents were stolen by Japanese guards. "Throughout tho "jholo of tha time that we w r e in this camp medical supplies v/ere vary short and be- cause of this a number of deaths took place：. "On.3 Japanese at this camp ^ith a name like 'Logus 1 used to pick tha lie〕 off tno men's clothes and make tho men eat them." Prosecution document Fo. 8029, tho affidavit of Captain Jamos F . Lav/rencc, sworn to 20 January 194-6, is offered for identification. Harked excorpts thero- from are offared in Gvidonco. 14-,250 THE PRESIDENT: Admitted on the usual teriris. CLERK OF THE COURT: Pひosecution 1 s document No. 8029 will receivc exhibit No. 194-5 for identification only. Tho marked excerpt thorsfrom v/ill roceivo exhibit No. 1945-A. (Wheraupon, prosecution's document No. 8029 was marked prosecution's exhibit Ko. 1945 for identification; and the excorpt therefrom was marked prosecution's exhibit No.1945-A and received in G V i d A N C 3 . ) COinNI'SR COLE： This affidavit describes the working conditions at Hosakura Camp. The prisoners arrived at the camp from Singapore wearing tropical clothes. No clothing v/as issued by the- Jppanoso although the Japanese laborers wore supplied with warm clothing. Tho prisoners performed hard manual labor in a mino. The rations v/ero so inadequate that all prisoners suffered from malnutrition. In February 194-5', two prisoners a week died of pneumonia. About sixty prisoners in all oiod as a result of starvation and the inhuman treatment of tha Japanese. Prosecution documont No. 8082, tho statement of John H, Marshall, datod 8 Soptembor 1945，is off::rsd for identification. Marked excerpts therofrom are 25 offGrod in oviGvsnco. 14,251 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 THE PRESIDENT； Aamittoo on the usunl terms. CLERK OF THE COURT: Prosecution's document No. 808? will rocoive exhibit No. 1946 for identification only. The rasrked excerpt thorefrom will recoivo exhibit No. 1946-A. (Whc-reupon, prosecution's document No. 8082 was marked prosecution's exhibit No. 1946 for identification; and the axcerpt therefrom was marked prosecution's exnibit No. 1946-A and received in Gvidence.) C0?? T ANLSH COLE; This nffid^vit describes the maltreatment of prisoners of ヮ a r at Um.oda Bunsho Camp, Osaka. Leponent states, on page 1: "At these work stations we were baaten, kicked, ana generally mistreated by the civilian and army men that v/ere in charga. This treatment and the lack of any medical supplies started the doaths of these men. Approximatoly four months after our arrival in Osaka, about 25 per cent of our men had diec. This, in my opinion, was causod from starvation, exposure and diseases resulting from nelnatrition ana tha brutal bsatings that we suffered." 14,25.2 Prosecution document No. 8065, the affidavit of Corporal Charlos E . Nauror, sworn to 6 OctoT»pr 194-5, is offered for identification and the marked excerpts therefrom are o f f p m d in rvidonce. THE PREt-IDENT: Admitted on thp usual terms. CLERK OF THE COURT: Prosecution document No, 8065 will receive exhibit No. 1947 for identifi- cation only and tho marked excorpt therefrom will receive exhibit No. 1947-A. (Whereupon, the docuraont above refnrrpd to was marked prosecution 1 s ex- hibit No. 1947 for idpntlfication; the marked excerpts therefrom being marked prosecution's exhibit No. 1947-A and received in rvideace.) COMMANDER COLE: This affidavit confirms the inhuman conditions at Umeda Bunsho Camp, Osaka. Deponent states (page 1):- "At Osaka th^re wrr^ originally 4^8 mrn; 120 died in the first four months from poor food and exposure. Our food was 570 grams of rice per man ppr day, which was inadequate for men working• If you did not work, this ration was reduced and in tho hospital toward thp end,, patients wc re given only 30© grams of food per day. The Japanese gave us very 14-,253 little in thp way of clothing." Prosecution documc-nt No. 8104, the affidavit of Alexander Meredith, sworn to 5 September 194さ， is offered for identification and the marked excerpts therofrom are offered in evidence. THE PRESIDENT： Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 8l©4 will recpive pxhibit No. 194-8 for identifi- cation oaly. The marked oxcerpts therffrora will receive exhibit No. 1948-A. (v/hereupon, the document above rrferred to was marked prosecution's ex- hibit No. 19^8 for identification; the marked excorpts therefrom being tnarkpd prosecution's exhibit No. 194-8-A and rpcelved in evidence.) C O M I M D E R COLE: This affidavit states that at Camp Dl,Yokohama, in January, 194-3, more than fifty per cent of the prisoners were ill with dysentery and malaria. Deponent states (paragraph 3， page 1) were employed in the Yokohama Mitsubishi yards as raaintenence fitters. We left for work at 6:3® a.m., and got back to camp about 5'00 p.m. each day. Pick men were forced to work and in the first three months forty-five mrn died from pneumonia 14-,254 and malnutrition. With adequate medical supplies, proprr food and clothing and medical treatment these mpn would not have died, "Food was at all times inadequate and in the summer of 1943 the aeagor rations were reduced by about one half. The result was that bc-riberi became provalont and practically everyone suffered from malnutrition," Prospcution document No. 8203, affidavit of Lancc ^prgeant Arnold F. Caddy, sworn to 25 Januery 194-6, is offpred for identification and thr markrd excerpts thprefrom are offered in evidpnce, THE PRESIDENT: Admitted on tho usual trrms. CLERK OP THE COURT: Prosecution document No. 8203 will recpive exhibit No, 1949 for identifi- cation only. The markpd pxcerpts therefrom will receive exhibit No. 1949-A. (Whereupon, the document above referred to was marked prosecution's ex- hibit No. 1949 for identification; and the marked excerpts therefrom being marked prosecution's exhibit No. 1949-A and received in evidonce.) COMMANDER COLE: This affidavit relates to 2 5 conditions at Sendeyu. Thr 5 affidavit states that the Japanese mrdical officer persistently refused to allow the Allied doctor to give any medical attention to sick men. This resulted in the death of at least one prisoner. Affiant states (page 3) "From the treatment meted out at all the camps, it was clear that the Japanese policy as carried out by various Carap Commanders and their subordinates was to koep FOWs in a lov; statp of health and morale by keeping them short of food and by severe trratra^nt and humiliation." Prosecution document No. 8119， affidavit of Major Francis J. Murray, sworn to 23 January 1辦 6， is offered for identification. Marked cxcc-rpts thorr- from are offered in evidenee. THE PRE卜IDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution, document No. 811Q will rcceivc exhibit No. 1950 for identifi- cation oaly and thn marked rxcorpts therefrom will have exhibit No. 1950-A. ("Whereupon, the document above referred to was marked prosecution's ex- hibit No. 1950 for identification; the marked excerpts therefrom being marked prosecution's exhibit No. 1950-A and 14,256 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 received in evidence.) C O她 N D E H COLE: This affidavit relates to prisoner of war Branch Camp N o . 1 at Hakodate. Affiant was a medical officer and was placed in charge of the camp hospital. In Decera>er 19^-3 5 one of the prisoners complained of a pain in his left knee. Deponent diagnosed the illness as acute osteomyelitis which required an immediate operation, and at once askod the camp commandant for permission to tak? the patient to a local factory hospital near the camp .where full operating facilities were available. Such permission was refused. Deponent thereupon requested to have the necessary surgical instruments brought into camp so he could perform the operation himself, but this was also refused. As a result, the patient died a few days later. At this camp the Japanese medical personnel compelled several prisoners to sign hundreds of chits for medicines which had not been issued, and which the Japanese apparently sold or gave to their friends* Prosecution document No. 8116, the affidavit of Captain Allan Berkeley, sworn to 31 January 194-6, is offered for identification. The marked excerpts therefrom are offered in evidence. THE PRESIDENT? Admitted on the usual terms. 14-,257 CLERK OF THE COURT: Prosecution document No. 8116 will rpcpive exhibit No. 1951 for identifi- cation only. The marked excerpts therefrom will receive exhibit No, 1951 (Whereupon, the document above referred to was narked prosecution's ex- hibit No. 19^1 for identification; the marked excerpts therefrom being marked prosecution's exhibit No. 1951-A and received in evidence») COm-IANDER COLE: This affidavit relates to conditions at Camp No. 4, Fukuoka. Affiant was the medical officer at this camp and states that there wetp plenty of medical supplies in the camp but the prisoners were never allowed sufficent for their needs. At least one death resulted f Prosecution document No. 8161， affidavit of John W . Viney, sworn to 25 January 1946， is offered for identification and marked excerpts therefrom are offered in evidence. THE PRE卜IDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8161 will receive exhibit No. 1952 for identifi- cation oaiy. The excei.pt therefrom will receive 2 5 exhibit N o . 1 9 5 2 - A . 1 4 , 2 5 8 2 3 4 5 6 7 e 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (hereupon, the document above referred to was marked prosectjli'l.on's ex- hibit No. 1952 for identification; the excerpts therefrom being marked prosecu- tion' s exhibit No. 1’52~A and received in evidence.) COMMANDER COLE: This affidavit relates to the prison camp at Kawasaki. Affiant states (pages 2 and 3) : - "Although there were ample American Red Cross supplies in the store, the medical sergeant Ot-A狐 refused to supply any, although he was repeatedly requested so to do by our doctor. This applied also to surgical instruments, and the doctor was forced to get (from) thA "blacksmith whatever instruments he could, "OtAWA consistently refused medical treatment to sick men. About thirteen deaths occurred in three years, partly through his neglect, and but for the fact that the POWs were able to steal fruit and other food, many would have died from beriberi." Prosecution document No. 8107^ the affidavit of ト 七 a f f Sergeant Michael J. Robertson, sworn to 19 October 194-5, is offered for identification. Marked excerpts therefrom are offored in evidence. 14-,259 THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 8107 will receive exhibit No. 1953 for identifi- cation only. The marked excerpts therefrom will receive exhibit N o . 1 9 5 3 - A . (thereupon, the document afeove referred to was marked prosecution's ex- hibit No. 1953 for identification; the marked excerpts therefrom being marked prosecution's exhibit No» 1953- A and received in evidence.) COMMANDER COLE: This affidavit describes the maltreatment of airmen and refusal of nedical aid. Affiant "bailed out of a B-29 over metropolitan Tokyo, and after being beaten by a mob of Japanese men and women, was taken to the Kempei Tai Headquarters in Tokyo for interrogation where he was beaten with a bamboo stick. At this time he was suffering from a broken leg and severe shrapnel wounds in both legs. No raeiical attention was given to him. Affiant saw another U.S. pilot who was brought to the same cell in a serai—delirious condition and with marks of torture on his hands. No medical attention was given this pilot, and he died the same night. Prosecution document No e 8163， the affidavit 14-,260 of egt. Harry トlater, sworn to 12 October 194-5, is offered for identification and marked excerpts therefrom are offered in evidence. THE PRESIDENTS Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 8163 will receive exhibit No. 1954 for identifi- cation only and the marked excerpts therefrom will receive exhibit No. 1954-A. (Whereupon, the document above referred to was narked prosecution : s ex- hibit No 0 1954 for identification; the marked excerpt s therefrom being narked prosecution's exhibit No. 1954—A and received in evidence.) COMMANDER COLE： This affidavit confirms the refusal of medical aid to captured Allied airmen. Prosecution document No. 8349， the affidavit of Philip E . Sanders, CBM, Ut:N, sworn to 12 April, 194-6, is offered for identification. Marked excerpts therefrom are offered in evidence. THE PRESIDENT: Adritted on the usual terms. CLERK OF THE COURT: Prosecution document No. 8349 will receive exhibit No.195夕 for identifi- cation only and the marked excerpt therefrom will receive exhibit No. 1955- 14-,261 (Whereupon, the document above referred to was marked prosecution's ex- hibit No. 1955 for identification; the marked excei'pts therefrom being marked prosecution's exhibit N o . 1 9 a n d received in evidence.) COMMANDER COLE: Deponent states that in April and May, 1 9 4 5， there vw.tp. persistent runors that in event America won the war the prisoners would all be killed. Doponnnt waa told by a Japanese interpreter that if there were naval landings on Japan the prisoners would never see home. Prisoners were given rougher treatment every time there was an American air raid. If the Tribunal please, this completes the documentary evidence for the Japan phase of this case, THE FREJrlDENT: Mr. Justice Man&field. MR. JUSTICE 2'IANfFIELD: If the Tribunal please, the section of this phase covering offences at sea and on certain Pacific islands will be presented by Captain Robinson after the evidence to bo introduced by Colonel Woolworth relating to the individual responsibility of the accused. I now present to the Tribunal Colonel G.f, Woolworth. 1 4 , 2 6 2 TEE PRESIDENT: Colonel Woolvorth. M r . President and Momb'rs of cfe-bo Tribunal: It is nov; proposed to show the individual responsibility of the defendants for the Class B Of- fenses , a m p l e evidence of the comiHi 'Sion of 珂 h i c h has already been introduced, covering Japan Proper as ^ell as all territory occupied by Japanose troops. It may well be - as sugges bed hy Mr. Justice Mansfield in his opening statement - that tbe identical pattern followed by the Japanese Arm:, snd Navy in every ere a in the treatment of prisoners of T .7ar, civilian intcrnacs and native population, necessitates the inference of guilt of those officials of the GovGrnmont of Japan, such as members of the Cabinet and sone oth。r high officials of tho Government, of officers of tho Imperial GITQ, and of tboso officers of the A m y and Navy in command in the various areas whero these offenses took place. At the risk of redundone7, and so that this Tribunal need not rely upon implications or inforc r cos, however convincing, this additional evidence w i n be adducod. First, it is desired to invite tho attention of the Tribunal as briefly as possible to the official position occupiod by certain of tho defendants at the time those Class B Offenses have been proven to have been Greenbers & Barton 14-,263 committod. A - (In Tokyo) TOJO -'マas Primo Minister and concurrGntly Minister of War -1941-1944; also Foreign I'inister - 2 SG^tcmbcr 19^2 to 1 October 1942. ARAKI - was Minister of War Doccmbor 1931 to July 193斗. HIRANUHA 一 was Prime Minister 一 January to August 1939. FIIROTA - v,'as Foreign Minister 一 September 1933 to March 1936; vas Prime Minister and for a time Foreign I'inister concurrently - March 1936 to February 1937; Foreign Minister - June 1937 to Nay 193-8. llATSUOKA - President of the South Manchurian Railway -1935-1^39; Foreign Minister, July 1940 to July 1941. H I M M I - was Minister of War 一 April1り31 to Decoraber 1°31; Commander in Chief of the Kwangtung Army - 1 9 3 4 - 1 9 3 6 . KIIXTRA - v'as Vic0-Ministor of マ a r - 1 9 4 1 to 194^. MUTO - vj&s Chief of the Military Affairs Bureau ( 母 a r Ministry) - Octobcr 1 9 3 9 to April 1942. SATO - was Chief of the Militarj/ Affairs Bureau C'ar Ministry) - April 1942 to Doccmbor 1944. K0IS0 - Fas Prime Minister - July 194-4 to 14-,264 123456 739WU ロ13M15秘I7^19?isss2425 April 1945. UMEZU - was Chief of Staff of tho Army - July 1944 to the end of the. vi&t. SEIIiADA - w a s F i n i s t c r o f ti?o _M a vy - Octobc-r 1941 一 February 194-4; Chiof of Naval General Staff 一 Fcbruar3r 1944 一 July 194-4. NAGANO -て-’as Chief of Naval General Staff - 1941 一 Fobruarj^ 1944 OKA - was Chisf of Military Affairs Bureau of tbo Navy -1940-1944. TOGO - Foreign Minister - Octobcr 1 9 4 1 - 2 September 19425 again April 1945 to August 1945. SIIIGEKITSU - Foreign Minister - April 1943 - April 1945. KIDO - Lord Keeper of Privy Seal-1940-194-5. B - (In Army Commands) HATSUI - C o m m a n t o in Chief of Japanese forccs in China - Octobcr 1937 to February 1938. (Rape of I，anl:ing, Dcccmbor 1937). I^HIHARA - Commander in Chief of Eastern Army in Japan -1943-1944; Commander in Chief of 7th Area Army in Singapore 一 1944 一 April 1945. HASHIMOTO - Commander of Artillery Regiment vhich shelled the "Ladj^Dird."-1937. HATA - Commander in Chief of Expeditionary 1^,265 ？ o r c c in Central China - July 1940 - 1 9 4 4 . ITAGAKI - Commander in Chisf Japanese Array in Korea - July 1 9 4 1 - M a r c h 1945； Commandor in Chief of 7th Area Arny in Singapore 一 April 19^5 一 August 194-5. KII-WA - Conunandor in Cbiof Japanese Army in Burma - Iferch 1944 to tho end of the n a r . MIJTO 一 Commanc'.or。f tho 2nd. Guards Division in S u m a t r a , 1 9 4 3 ； Chief of 14-th Area Arm：/ in the Philip- pines under General YAMASHITA in 1944. SATO - Assistant Chief of Staff of China Ex- p:ditionoi"/ For cos - January 19^-5； then Coriiraandor of tho >7th Division in Inclo-China and in Thailand to the Crnd： of the � ？ a r . TJ''IBZU 一 C^nmandor in Cbiof of the Kv/antung Army - 1 9 3 9 - Juno 1944. Second, the agroGmc-nts and. assurances of tho Jcpane so Govornmcnt to abiclo by the Geneva Prisoner of '"''ar Convention ro the troatmont of prisoners of *"7ar, and so f?.r as apnlicabls to civilian internens, made to the United States, the Govornmcnts of Br.itian, Co.nc-.da, Australia, Neu Zealand and Netherlands, arc already in cvidonco. It is proposed to show, b.y c-vidcncG from official Japanese C-ovcrrmiGnt roc^rds, cliroctivcs issued in violation of such agreements p.nd assurances, anc! those r.mong the dofendants rosponsiblc I 14,266 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 therefor. Third, it will be shov/n by official Japanese records of knowledge on the part of many of those de- fendants of tbe rueg] oct, ill一treatment and illegal punishment of prisoners of war and intcrnGcs. Fourtl-,it v/ill be shovrn by official records of the Swiss Legation, tho protecting Po^er, of the Japanese Foreign Office and tbo Prisoner of War Inform- ation Bureau, that protests in behalf of the United States。.nd Britian over failure to per nit visits to prisonc-r of r »ar camps and against inhuman treatment of prisoners of T;ar, sho^ocT notico to many of those do fondants whose dutv it vvas to permit such visits and to put a stop to sue!-, inhumane treatment. Fifth, statistics from official rocords of Australia, Canada, the United Kingdom, Neフ Zealand, and tbo United states, will sho*;; the number of prisoners of war and the number who died in captivity. 25 14-,267 . M R . HOWARD: Mr. President. THE PRESIDENT: Mr. Howard. MR. HOWARD; I would like to call the Tribunal 1 s attention to page 2 wherein Colonel Wool- worth says that "KIMURA was Vice-Minister of War" from "1941 to 1944." This is a misstatement which has been made on other occasions. Exhibit 113, which concerns K I M U M , Heitaro, on nage 5 gives the date "April10,194-1" as the date upon which KIMUBA was appointed War Vice-Minister. Page 8s "Relieved of present post at his own re- qucst M 5 date: "March 11,1943." The evidence will sho T that during that year that the prosecution have attributed to him as being Vice War Minister, KIMUB.A vj&s on a technical job with the Ordnance • fCr. .all of the things with which he was charged in that fatal year, he 職s in a position where he could not have been guilty of them. THE PRESIDENT: If the prosecution contests what you are saying, you are quite out of order. You can give this in the course of giving the evidence for the defense. You are justified so far as relying on exhibit No. 113, but you are going further now. What is the attitude of the prosecution? I0UGY_LWORTHs If the Tribunal please, if 2 there were an error in the statement made in the opening statement, it was inadvertent. A further check will be made, and we would like to advise the Court of the result of our check. THE PRESIDENT: It is about time these periods of office 巧 e r e finally settled. Of course, there may be some difficulty about settling them finall},. MR. W00LW0RTH: If your Honor please, at the Monday session of court we will have our check completed and will advise the Court of the proper dates. •im PRESIDENT: As I an reminded, the Japan- ese Government has furnished official records cover- ing these matters. 脆 . W O O L W O R T H s As J, understand it, the prosecution is perfectly willing to stand by the report made by the Japanese Governnent in exhibit No. 113. THE PRESIDENTS We will.act on exhibit N o . 1 1 3 until the contrary is proved. MR. HOWARD: I would like to point out that this same error was made in the other opening state- ment. エ had not planned to mention the matter at this tine, but it is so repeated and su unjust -- 14-,269 the accusations -- that I thought, possibly, we should enter sone of our defense at this time. THE PRESIDENT: The objection to what you said, Mr. Howard, was not to any evidence you quoted "but to evidence which you purport to forecast. 皿 。 H O W A R D ; Your Honor, I continue to read from exhibit 113 which is the Japanese Govern- ment document. M R �JUSTICE MANSFIELD:』If the Tribunal please, I object to any further argument on it at this stage. Me have agreed to abide by what is set out in exhibit 113. I submit that that is the end of tho matter. THE PRESIDENT:、You have already given us parts of 113 that we desire to know. 腿 。 H O W A P D j Would the Court be interested in my pointing out another error, that is, anoxher place where their date does not coincide "with the opening statement of Colonel Woolworth? THE PRESIDENT: I think we should allow you to point out where these opening statements are in- consistent vjith the evidence already given. ！ / I R 。 H O W A R D : Page 3 of the opening state- ment; "KIMURA 一 Commander in Chief of Jaioanese 'Aray in Burma, March 194-4 to the end of the war." 14,270 CHISHOLM DIRECT Page 8 of exhibit 1132 "Assigned as the Commander-in-Chief of the Japanese Armed Forces in the Burma Area, 1944, August 30." That is all, Colonel. THE PilESIDENT; Colonel Woolworth. MR。 WOOLWORTHs Prosecution desires to call as its first witness in this phase Captain James Strickland Chisholm, Infantry, Australian Imperial Forces. J A M E S S T R I C K L A N D C H I S H O L M , called as a witness on "behalf of the prosecution, being first duly sworn, testified as follows s DIRECT EXAMINATION BY MR, WOOLWORTHs Q Please state your name, rank, organization and station. A Captain James Strickland Chisholm, forty years old, A.I.F. Q Were you ever a prisoner of war of the Japanese? A I was. Q Where were you confined and for what period? A I was in Singapore from the 15th of February, 1942 until the end of November, 194-2 and then in Japan 1^,271 CHISHOLM DIRECT until the finish of the war. Q Where were you confined in Japan? A From the 10th of December,1942 until about the 20th of August, 1944 in Naoetsu Camp, Q How many Australian prisoners of war were confined in this carap with yon? A Three hundred at the start. Q With what food were you provided? A Insufficient. Q Please describe the quantity of food which was given you customarily, A ‘ It varied a great, deal from a very small quantity to a not so snail quantity at different times during mv confinement. The ration consisted of an average of about fifteen per cent of rice and some sixty per cent of barley and the remainder of corn or millet. We were also -- THE PRESIDENT: Your evidence will be use- less unless you give the weight. Say the number of ounces. A (Continuing) It varied a great deal in weight, but mainly about five hundred grams ..for light workers and men who v/ere on longer shifts got slightly more. Q Upon 诃 h a t ^vork we're the prisoners of war CHISHOLM DIRECT 14,272 ’ employed at that canp? A Alxmt half of them were in a steel mill, 2 ' i and the other half were in a chemical factory in which 4 they were making carbon for electric arcs, for 5 furnaces. During the suKEier, there were also 6 parties unloadirg ships Into barges at sea and 7 another party loading coal onto railway trucks. 8 Q Vahat was the product of the steel mill? A They were rolling steel plate and making 1 0 ingots of steel. 1 i l Q How many deaths occurred among the prison— 12 ers of war during the tine you were corfired at 13 Haoetsu? 14 A Sixty. 15 Q What was the principal cause of the deaths 16 airong the prisoners of war? 17 A Lack of food and ill treatment, long hours 18 of work. 19 Q What do you mean "by "ill treatment"? 20 A Continued beshing by guards and camp staff. 2 1 Q Were you furnished with ample clothing? 22 A No. 2 3 Q Do you recall a visit from any general 2 4 officers while you were confined in this camp? 2 5 A Several. 14,273 CHISHOLM DIRECT Q Will you nare any one visit or any general officer whose name 3^0u know? A DOHIHAHA, Kenji was one. Q When did that visit occur? A I can't give you the exact date. I have it in my diary which is an exhibit in another court. But it was somcv.'here in September or October, 1943. Q Did you know the official position of General DOHIHARA at the time he visited your camp? A I did not know. Q Did you observe General DOHIHARA talk to any of the prisoners of war? A エ cannot recall hiia talking to any prison- ers . Q What were the conditions in camp at the time of his visit? A Very bad. Q At that time, when General DOHIHAHA visited the camp, what was the physical condition of your- self and the other prisoners of T^a^? A I 7,/as about forty pounds lighter than I am now ̂ the men were in a pitiable condition. Q What ? generally, were the sanitary condi- tions in your camp? A We, at periods, did not have a bath for 14,274 CHISHOLM DIRECT two months, the place was smothered in lice, tugs, other vermin, and the latrines were crawling with maggots. MR. LEVIN: Mr. President. THE PRESIDENT; Yes. MM。 LEVINs I would like to inquire whether or not the T?i J :ness is referring to any notes or memoranda in sonnection with his testimony. THE * ITIIESS ； Here in the box I have no notes. CHISHOLLI DIKECT 14,275 Q Were men dying of malnutrition at the time of General D O H I I L ^ J s visit? れ Yes. Q You stated, I believe, that clothing supplied was insufficient. Will you describe what clothing was supplied to you, if any, snd other prisoners? A 丄 don't remember the exact quantities of clothing. All men had a British service dress uniform which they wore through the entire period. And they were also issued with overcoats which were not allowed to be worn in the camp, only at work. With five feet of snow on the ground it was very cold. They were walking on their bare feet at times. Although there were three to four hundred pairs of Red Cross boots in the camp, wo could not get them issued. Q Was there any change for the better in con- ditions a t your camp sfter DOHIHARa's visit? ム None whatever. THE PRESIDENT: What sort of inspection did DOHIHiilui make? THE WITNESS: Just a routine inspection of the ccmp quarters, and the sick men and the officers who were in canp. Q Does the witness know the names of any other senior officers who visited the cemp? 1234 5 678910u12BM1516n1819202122232425 w h a 1 e n&Morse 1 ム ， 2 7 6 CKISHOLM DIKKCT l 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -A Prince TOKUGAWA visited the camp. I don't know whether he was an officer or not* エ do not recall any other--general officers' name s. Q Was Prince TOICUGAV/A a Red Cross representative of Japan, do you know? A I believe he was. I did not know at the time what he was. THE PEES I D E M : Mi-. Blewett. m . BLEWETT: If the Court please. CROSS-EXAMINATION BY IvjK. BLEWETT: Q I did not catch your rank, sir. What is it, please? A Captain. Q Is that AIF Australian Infantry? A Imperial, Q What branch of the service were you in, sir? A Infantry* Q What was the name of this camp in J a p a n ?ェ not catch that when you wera testifying. A Kaoetsu, 4 B， Tokyo* d Q 1/Vas that in Tokyo? - A No. Q Where is it located, Captain? A In Wigsta Prefecture, on the Sea of Japan. 14,277 CHISHGLM CROSS Q You reached there in November or December 194-2, is that correct? A That is correct. Q Now, on what date was this visit made by General DOHIHARA? THE PRESIDENT： September '43, was it not? Mh. BLEWETT: He said September or October, sir. THE PRESIDENT: Well, that is all lie knows. Mh. BLEWETT: I mean the actual day, if he knows. A But if Q エ cannot recall the exact day from memory, the Court wants it, I have it in my diary. Well, do you remember, Captain, whether or not there was several feet of snow on the ground? A There were definitely not. Q W e l l , I understood you to testify that at the time that the general was there that there was snow on the ground, and that there were boots available which were not issued to you, Kow, possibly Colonel Woolworth meant at a later period of time. A That testimony with regard to the boots and the snow was not in ^onne< レion with DOHIHAKii. Q Thank you for clearing that up, sir. Was any preparation made prior to the visit of General_D0E[ェHARA CHISHOLM CAQSG 14 , 278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with 'respect to the condition of the camp? A On all such visits the camp was cleaned very thoroughly about ten or fifteen times. Q How long would you say that the general stayed at the camp during that visit, Captain? A I have no recollection. Q Did you see him personally? A I did. ThE ^RSSIDEr.T: Would you recognize him again? TEE WITiffiSS: I would. THE PRESIDENT: Can you see him now? THE WITNESS: That is him there. (Pointing to the accused IXJムIEaiiiu ) Q エ think you testified on direct examination, Captain, that he simply made a cursory examination of the camp, wasn't that true? A We were lined up in our room during that in- spection, and I don 1 t know for how long he was actually in the camp, or what lie inspected other than the offi- cers and the sick. M-i. BLEWETT: That is all, Captain, thank you. THE HxSSlUEivT: Counselor S H I M N O U C H I . CKOSS-E^iiklKATエON (Continued) BY MK. SHlMAwObGHI： 14,279 CLISHOLM CROSS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Witness, have you ever seen Japanese soldiers beat or kick other Japanese soldiers at the camp in Naoetsu? A I never actually saw that myself. Q Have you ever heard of such cases? k Frequently. Q About how many times? A I have no idea. Q Kow was it at the camp in Singapore? A By comparison, very good. Q Was there any cases of Japanese soldiers beating other Japanese soldiers in Singapore? A I did not see any. Q You testified, Mr. Witness, that before Gen- eral DOHIHiiKl visited the Naoetsu Camp, the camp was cleaned. Were the wards where the sick prisoners of war were quartered, were tliey also cleaned? Were the quarters of the sick also cleaned? A エ presume so» Q You testified that the Naoetsu Camp was filled with lice and other bjags. Were there any such insects and vermin where Japanese soldiers were quartered? k Not to my knowledge. Q How do you know that there were not any in the Japanese quarters? 14,280 CHISHOLM Cl-iOSS A Because the interpreters were always telling us they were frightened of getting them. Q Do you recall the name of this interpreter? A KKNO. 0 What is KANO‘s first name? ム 1 cannot say. Mh. S H I M A園 C H I : That is all, sir. THE PKESIDENT: Mr. Levin. ^ . LEVINs エ have just one question, Mr. President., , ChOSS -SU五.ムTION (Continued) BY ML. LEVIN: Q In how many atrocity cases have you testified, Captain? A Two • Mh, LEVIN: That is all. There will be no further examination of this witness. Mu. W00LYV0KTH: No further questions for the prosecution of this witness. THE PRESIDENT: The witness is released on the usual terms. (Whereupon the witness was excused.) iuL. W00LW0RTH: The next ’ itness for the prose- cution will be former General Tムバ^^^ Ryukichi, He was formerly sworn before this Court. THE PKESIDENT: We Y/ill. recess for fifteen minutes. (Whereupon, at 1450, a recess was taken until1ヲ〇5, after which the proceedings were resumed as follows:) 14,?282 MARSHAL OF THE COURT: The International Military Tribunal for the rar East is now resumed. THE PRESIDSNT: BIr. IIcFanus. MR. McI!AKUS: Mr. President and Members of the T r i b u n a l : I would like to object to the recal- lir.p of this witness at tbis time. In fact, I would like to object to any further testinony at all from this witness. The witness TANAFA has been utilized by the prosecution for four full days, at least his testimony has been, on July 5, July 6, July 8 and July 9. His testimony concerned events covering a period of time from 1?14 to 194-5. No provision had been made for the recalling of this witness by the prosecution and no request bad been made at the time of his dismissal from the witness' stand to the Court by tbe prosecution for such recall. In so far as the witness has had ample opportunity to testify to any facts which he might bave known about, I think it is highly improper to recall him and to accept any additional testimony from him« The:ァ are the grounds for my objection, if your Honor please. TI:'E PRESIDENT: The prosecution should _give us some reason for recalling him,_certainly. l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 elden & Eder 14,?83 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. JUSTICE MANSFIELD: The reason for the recall of this witness, if the Tribunal please, is that on the original calling of the witness his evidence was not directed to this phase of the case, and no evidence was given by him relative to this particular pbase. エ submit, if the Tribunal plepse, that tbere is no reason why a witness can not be recalled in order to testify upon a matter wbicb has not been previously dealt vdth in M s exar"ination in chief. There is no assumption bere that the evidence which he has given bas exhausted all his knowledge, because the case for the prosecution was given by phases, ?nd the defense have not so far had a right to cross-examine hin? on this phase, which they will now bave. MR. McKANUS: If your Honor pleases, in so far as no provision had been made for his 're- call, I submit thet the Tribunal should take into considerstion the only grounds for recalling this man should be upon newly discovered, evidence, and not for tト,e purpose of testif^ring to fects which were already with in tte witness f knowledge at the time wト en he was in this court room and on the wit- ness 'stand for a period of four full days. 14-,284 THE PRESIDENT: Mr. Logan. MR. LOGAN: If tbe Tribunal please, in ad- dition to the objection made by Mr。 KcManus, I would like to make this observation: that on the prosecution 1 s case they sbouldn't be permitted to take the position that they can put witnesses on the stand and later recall those whom tbey think arc more favorable to their c&se to testify to certain facts. In other words, this is not a court of experiment?tion, where the prosecution is permit- ted to test certain witnesses snd recall those whom they think can stard up best under cross-examination. And furthernore, with all due respect to my learned friend Mr. Justice Mansfield, there is a presumption tbat once the witness is put on the stand that his testimony has been exhausted, and they insde no reser- vation here. THE PRESIDENT: The prosecution did tell us that other witnesses would testify in more phases than one, but they did not mention TANAKA, if my recollection serves me right. The fact remains thst properly he could testify in only one phase. If he has evidence bearing on other pleases we, in the exercise of our discretion, think we should hear him. ” T e will hear him. T A M K A DIRECT R Y U K I C H I T A K A K A , recalled as a witness on behalf of the prosecution, resumed the stand and testified further through Japanese interpreters as followsi TEE PRESIDENT: You are still on your former oath. DIRECT E X A M I M T I O F (Continued) 31' M R , ''00L' T 0RTH: Q General, ^hat ^as ァour last service in the War I'inistry? A Chief of the Military Service Bureau.. 0 Your name is T M A K A , Hyukichi? A . Yes. 0 Are vou familiar で ： i t ! - the organization and responsibilities of the various bureaus of the War Ministry as they existed tetv'een 1940 and 194-5? A Yes,エ know. Q r hat is the most important bureau of the War Finistrjr, and v:hy? MR。 LOGAN: Object to the form of that o'uestion, your Honor. THE PRESIDENT: The objection is overruled. A The most iinportant bureau in the War Office is the Hj-litar*'- A,,airs Bureau, The reasons for my so stating is thet the Kilitary Af "airs Bureau is in 14,286 TANAKA. DIRECT charge of the array's budget, the organization, equip- ment and installation of the military forces, the making of domestic and external plans, the conducting of propaganda, the conducting of investigation, all of which constitute important functions. 0 Does that bureau have anything to do with matters concerning international regulations affecting the army? - A With respect to that the lousiness was handled in the military affairs section of the r”.litary Affairs Bureau. Q Who handled the location and construction of prisoner of war campsク .A The responsibility resides v'ith the rinister of フ a r but as to the location and construction of such caraps, the business vas handled by the Fiilixary section of the "'5.1itary Affairs Bureau. MR. LOGAN: If your Honor please,エ move to strike out the first portion of that answer as to vbere responsibility lies; that is for the determina- tion of the Court. THE PRESIDENT: It is sufficiently a question of fact for the witness to answer. 0 General, in the matter of protests regarding the tre'.tnent of prisoners of r;ar and requests regarding TANAKA. DIRECT 14,287 prisoners of v,ar sent to the Foreign Office, were t u ose sent to the T ; ar Ministry? A Documents and other papers relating to prisoners of viav were sent by the Ministry of Foreign Affairs to the War Office, the Home Office and the JIavy Ministry. Q What was the course of these after reaching the war Ministry? A Such diplomatic documents v/ere first sent to the adjutant T s office in the Far Ministry and from there to the military affairs section. Those relating to prisoners of war were sent by the same section to the Prisoners of War Information Bureau. Q And if it vias felt 七 b a t a reply should, be me.de to the protest, who prepared the reply? A Replies to be made to the authorities outside of the War Office were prepared In the mil- itary affairs section of the Military Affairs Bureau. Q After the proposed replies were prepared where did they go next? A To the Foreign Office by -nay of the adjutant's office — War Office. Q Did they go to the viee minister or the minister? A These went to the Foreign Office after being 14,288 TANAKA. DIRECT given the approval of the minister and the vice minister. Q During the ti:ie 七 h a t you were chief of the Military Service Bureau, ^ere meetings of the bureau chiefs of the War Ministry held, and, if so, how often? A Yes, they were. These conferences were held twice a week. Q Do you recall any such meeting at which the question of treatment of prisoners of war arose? A Yes, I do. Q When 苡as that 0 A If my memory serves me right, immediately after the fighting at Bataan; the end of April, 1942. Q What happened at that meeting? A At this conference the question as to how to treat the many prisoners of war captured in the various combat zones in the southern areas was deter- mined . ^ Was General UEIfURA, the chief of the Prisoner of War Information Bureau, present at that meeting? THE PRESIDENT: It is grossly objectionable. Mr. Logan, you need not take the paint. Ask him who 前ere present. m . ^OOLWORTH: I withdraw the cuestion. Q Who were present at that meeting which you 14,289 TAKAKA DIRECT described? A Those present at this conference 巧ere TOJO, War Minister; KP^URA, Vice Minister; T O M I M G A , Chief ox the Personnel Bureau; SATO, Chief of the Military Affairs Bureau5 myself and KAN, Chief of the Ordnance Bureau; and YOSHIZUIil, Chief of the Procurement and Mobiliration Bureau; KUHIHASHI, Chief of the Security Bureau; JUKI, Chief of the Surgeon General's Bureau; OYMIA, Chief of the Legal Affairs Bureau; NAKAJIHA, Chief of the — NAKAMURA， commander of the gendarmerie！ HOMDA, Chief of the Armored Forces Bureau; MATSIMUHA, Chief of the Army Press Section; other than these, the private secretaries of the War Minister and the Vice War Minister, That is all. TANAKA DIRECT M , 2 9 0 。"'as thpre a discussion at that time in connection with how prisoners of war should be treatpdゥ A At the request of ETTMURA, Chief of the Priso- ner of i%r Information Buroau, TO JO, TrT ar Minister, gave his decision. r What was his decision 0 A In the light of the prevailing situation in Japan at that time, which was to enhance the labor efficiency of the country, and in the light of tho slogan thpn current, "No work, no food," the first point that was decided st this meeting was to make all prisoners of war rngago in forced, labor. With regard to this dr-cislon, UYEI'UIA, Chi(=f of the Military Affairs—Prisoner of War In- forraation Bureau, said that making prisoners of wnr of th^ rank of warrant officers and above would be in violation of the Gon^va Convention。 But in spite of the view thus exprpssed by L^EI'IUIA, War Minister TO JO gave th-^ decision of utilizing thesp officers for labor purposes in the light of the fact that JniDan had not ratified the Geneva Convention, although it was the government's position to respect the spirit of that convention. It xvas decided that prisoner of war camps be 4 6 7 8 9 10 13 14 6 8 9 20 2 22 23 24 25 K a P I e a u & spratt 14.291 3 4 5 6 7 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 TANAKA DIRECT ^ptnblished not only in the southern areas but also in Japan proper, in Formosa, Korea, China, and Manchuria, and to send prisoners of war to thesp areas as a means of enhancing the trust and confi- dence of the peoples of Asia in Japan. r Arn you familiar, General-- MR. BLEWETT: May I interrupt to request the witness to shorten his answers 0 It is almost im- possible to take them down. What I mean, of course, is to pause and give us an opportunity to get the answer correctly. THE PRESIDENTS His answers arp rpspon- sivfi, as American counsel say. He isn't discursive, but perhaps he is speaking rather rapidly. I don't know. Of course he pauses for translation, Mr. Blewett. MP. BLEWETT: The sentences are quite lengthy. Thp timp botween tho pauses--if hp could shorten that up a bit it would help tremendously, THE PRESIDENT: Witness, speak in shorter sentencps if you can and pause more oft^n for translation. . _ i MR, T. OKAHOTO: Although, Mr. Presidpnt, you have kindly pointed the matter out already, in vIpw of the fact that this witness' tostimony is high- TANAKA. DIRECT 14,292 234567890 12345678 9.01 2 3 4 5 ly imDortant, wp would like to havr> him speak in short s^ntnnces, and wn should also like to add a rrqu^st to the int^riDrptprs to bp caroful in their intrrpretation. BY MR. WOOLWORTH (Continued): Q General, are you familiar with the ordinance; establishing the Imperial G.H.Q.? A Yps. Q Do you know, in g^nrral terras, what it pro- vided? MR. LOGAN j If th^ Tribunal please, I b^lir-ve that ordinance is in cvidonc^ and that it speaks for itself. MR. WOOL\TORTH: It is rxhibit 80. THE PRESIDENT: You aro not trying to t^st his npmory, Colonel,are you? IIR. WOOLTOTH: I will withdraw the question. BY IIR. WOOLWORTH: r: Of v?hom vas th« Imperial General Headquarters constituted 0 A Th^ I^perlnl General Head quarters was separated into two ports, the Array and thn Navy. The Array division included th^ Chief of the Pvny General Staff and the Navy. THE MONITOR: Correction. Tho Imperial 14,293 TANAKA. DIRECT Gpnpral General Headquarters consisted of the A m y and tho Navy, tho Army by thp A m y General卜taff-- Tho Imperial Gpneral Headquarters was divided into the Army and Navy departments, and the Array of it一 Sf-lf constituted the Army Gpnoral t-taff. The Navy Dppartment was constituted by tho Navnl Gpneral ftaff. In addition to this, thp War Minister and thp Navy Minister participated in tho Imperial Hpadquarters as regular mpnbprs. Then thp V I G P - minister of War, the Chlnf of the Military Affairs Bureau, and othrr bureau chiefs, when necossary, attrnded as members of the staff of the War Minister, The most important positions in the Imperial Gfineral Headquarters W P T C occupied by the Chief of the Arny General J-'taff and the Chiof of th« Nsvy Gpnnral Staff. Other important irionbors, in their ordpr, were tho Vlcr-chief of ftaff, tho War Minister, and the Chipf of the First Division Gpnersl ftaff. By Chief of thp First Division I rnr-an tha Opr-rations chipf. 0 Did I undprstand you to say that thn Iinppr- ial Genrral Headquarters consistrd of thp army sidp of tho Imperial C-onoral Hpndquarters and the nnvy side? A from thp Army and the Nsvy. Q The decisions in which both tho Army and 14,294 TANAKA DIRECT 2 3 4 5 6 7- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Navy wptp intersstpd wptp made )?y tfee joint nc- tipn of thrir chiefs of staff and ministers of war an<5 navy, as the case might be? LOGAN: I objoct to that as leading, your Honor, agd I ask that counsr-l bo given a direc- tion by the Tribunal to refrain fron asking leading questions of a witness of this charactpr. THE PRESIDENT: I understood him to bn firming an answer, really, if I (3Id not mistake what he said, and not to bp suggesting on^. But you crust avoid leading this witness, because, as Mr. Logan contends, his pvidence is of vital importancp. m . WOOLWORTH: That is all. MR. L3VIN: Hr. Prpsident. THE PRESIDENT: Mr. Lovin. MR. LEVIN: May wp r^quost that this witness- stand down until Monday Horning for cross-exaral.nation'S. THE PRESIDENT: Yes, we agree that he should r Mr. Lovin. The witness v/ill attend again at half past ninp on Monday morning. He is at liberty tr> go now. Well,_I suppose it is not desirable to go on this afternoon for the next fifteen rainutrs. Have you any evidence you could givr: now? 5 2 MR. WOOLWORTH: Yes, sir. 14-,295 r If the Cuurt please, I desire to introcuce 1 2 3 A in evidence prosecution docuiaont Ho, 847P. THE PRESIDIi;KT: V r hat is th?.t document， Colonel? 5 6 7 IS. V/OOL，マORTHs It is a letter signed by the Gaimusho, Tokyo, 29 January 1942. THE PRESIDEIITs It states the attitude of 8 the Japanese Government toward the prisoners of war"2 9 I..R.で00L〃0RTH: Yes. 10 li THE PRESIDENT: Adnittedi on the usual terns. CLERK OF THE COURT: Prosecution d o c m e n t 12 N o . 847F will receive exhibit No. 1956. 13 (^hereupon, the docament above re- 14 ferred to was narked prosecution's exhitit 15 N o . 1 9ル and received in evidence.) 16 I.'R. V. : 00LフOETH: (Reading) "Gainusho, Tolcyo, 17 29th J a n u a r y , 1 9 4 2 . 18 "LI.le Charge d'affaires, 19 "Following my letter dated 19th of this 20 nonth, I have the honour to make known to you the 21 attitude of the Imperial Government on the treatment of 22 prisoners of war: 23 " 1 . T h e Imperial Government has not yet 24 ratified the Convention relative to the treatment of 25 prisoners of war of 27th J i a l y 1 9 2 9 . It is, therefore, 14-,296 rttyt-Luuiid l.ふ,y Lhe said CoiivenしIou,”However, it will apply mutatis mutandis the provisions of the said Convention to English, Canadian, Australian and New Zealand prisoners of war in its hands. "2. As to the provisions of food and clothing for prisoners of war, it will consider, on condition of reciprocity, the national and racial customs of the prisoners. "I would be obliged if you would bring the aboverrentioned to the knowledge of the Governrient of Great Britain, Canada, Australia and Ng^ Zealand. "Signed by the Minister The statemynt of source -- does the Tribunal care to have the statement of source read into the record? THE PRESIDENT; Yes, it appears to have been Foreign Ilinister TOGO. Hi. WOOL仰ORTH: (Reading) "Statement of Source and Autenticity. "I, HAYASHI, K a o r u " — THE P R E S I D E D : ? r ell, do not read all that. I!R. 1 叩0U:’ 7 ORTH: ロhat is that? THE PRESIDEIiT: The Ilinister is supposed to have signed it as Foreign Hinister TOGO, the accused TOGO? 14-,297 ]S。？'OOU 'ORTH: Yes . I desire to introduce in evidence Jocunent 1485B, vhich is a statonent concerning tha reply of the Jnponose Foreign ： inister to the Argentine Charge d •； ffnires in Tokyo on Janur:.ry 2 9 , 1 9 4 2 . THE PELSIB!FT; Admitted on the usual terms. CLSRI' OF THI' C r -I : RT; Pr-osecution document No.146ぅ:B will receive exhibit No. 1957. ('"hereupon, tile document above re— ferrdcl to was narked prosecution 1 s exhibit I‘’Io。 £:nd received in evidence <..) ：..R.ヮ：、リLWBTH ； R c a d i n c )：、 :, 0n January 3，194-2 the British Govurnnent cor/'jiiunicc-.ted through thu Argentint； Charge d f a i r e s in Tokyo the infornction that the Eritish, Ccinadian, i'.ustralian anc! Kuw Zealand Governiients would declare their observance of the Geneve. Prisoner of "Tcr Con- vention of 1929 in respect of Japcn 2nd inquired whether the Inpericl Govcrnnent had any intention of making a sinilap declaration. "There m:.s another corinunication on January 5i:h saying that they propose to take the national and racial runners c.nrl customs of the prisoners of war into consideration wht-n applying articles 11 and 12 of the said agreminent concerning the supply of 14-,298 provisions and clothing to the prisoners of weir • "To the above we communicated the follow- ing to the various Governments mentioned above, through the Argentine Charge d 1 Affaires in Tokyo on January 29ths " 1 . T h e Imperial Goverrment has not ratified the agreement in question and therefore refusus to be "bound in any way whatever by the agreement, "but will apply the provisions of the said agreenent to British, Canadian, i.ustralian c.nd New Zealand prisoners of war within Japan 1 s jurisdiction. "2. The ImporiGl Govornnent will consider the national and racial manners and customs of the prisoners of war on a basis of reciprocity when supplying clothing and provisions to the prisoners of war." THE PRESIDENT: T,ell 5 that document comes from the Japanese Foruign Affairs Ministry, as shown "by the certificate. ！S。W00L r .0RTH; I desire to introduce document 1465A, which is a record of conference in T "ar Linistry regarding decision not to apply tho Geneva Convention and orders isSUGCI in consequence thereof. 14-,299 THE PRESIDEI\7r ； Admitted, on thy usual turms. CLLRK OF THE COURT s ProSecmtion's document N o . 1465A will receive exhibit No* 1958» (フhereupon, the document above re- ferred to was marked prosecution，s exhibit Ko. 19^8 and received in evidence*) MR.ド00U:'0RTHs (Re-ding) 丨'II.JPERIユ JAP/JIiiSI, GOVSEKISNT , Central Liaison Office. "To: K r . A . F . Mignono, Document Acquisi- tion, エPS. "Froms I:r. Ohta, Central Liaison Office. "Subject: Production of Document Requested. "18 April 1946. " ,r fith reference to your check sheet dated 30 March, I wish to submit herewith the required docu- ment conpiloc'. ty tile First Deno"bilization Ministry. "/s/ S . Ohta。 "SUBJECTS R e c o i o f Conference in War Ministry, May 6 , 1 9 4 2 , regarding decision not to ar>"oly thy Geneva Convention, and orders issued in consequence thereof. "There is no data to confirm whether or not thyre was held any conference in the ^cr Ministry on May 6 , 1 9 4 2 . However, ？.s regards the matter of 14-,300 non-app1ication of tho Gonava Convention the following decisions of the f!c.r Fdnistry nay be cited: " 1 . T h e Vice Uinistor of Foreign Affairs under dこte of January 13 ? rnd 16, tronsp.itted to the T 7ar Ministry the inquiries of American, British and other "-overnments. Tho I.'inistry, follovjing several conferences, reached a decision (Annex I) and comnu- nicated the same to' the Vice Llinister for Foreign Affairs on January 23. Howevor, there ere no records of the conferences. "2. On January 27，1943, the Vice Ldnistor for Foroign Affairs sent an inquiry regarding the application of' the Prisoner of r 'nr Convention to non-combattant Internees. As a result of a confer- ence , t h e r..inistry reached a decision (Annex エI). The sr.rae vjc.s corxiunic；?.ted by the Vice Minister of " 7 ar to the Vice I Minister of Foreign Affairs under date of February 6， however, thure is no record of the conference. " 3 . The Foruign Office, vmder date of December 12，1941 5 transmitted to the Ministry the c o m u n i c a t i o n of the Inter national Red Cross Committoe Chairmon, Max Hudar, concerning collection and transmission of infornation regarding prisoners 14-,301 of vjar. ;.ftor a conference, the. I-inistry reached a decision (/.nnex III), which was comiunicatod to the Foreign Office. "4. The above decisions bding entirely in line vjith the fundamental principles ancl policy, cccording to which tho ?. T e.r Ministry had always directed the conduct of the affairs relating to prisoners of yた:r, no orders seen to hav^ teen issued in consequence of the decisions. (Existing data have been oxr.rnined, but it cannot be ascortcined whether any order wr.s issued or not.) "Ijmcx エ. "Reply fror. Vicc Hinister of rr r.r to Vice I了inister for Foreign Affairs, January 2 3 , 1 9 4 2 . (Translation) "'In answer to your inquiries in clear Ko. 52 and No. 53, dated January 13 c.nd No. 85, dated January 16, the views of this Ministry are as follows H f I . Concerning Ko. 52s " 1 1 . I n view of the fact that the Geneva Convention relating to prisoners of war was not ratified by His Hajjsty, we can hardly announce our observance of the sane. But it would be safe to notify tho world thr.t v;e hc.vu no objection to acting in accordance with the Convention in the treatment 14-,302 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 cf prisoners of wc.r. " 1 2 . As regards providing prisoners of war with food and clothing, we have no objection to giving duo consideration to the national or rncial habits and custons of the prisoners. W , I I . Concerning No. 53 and Wo. 85, the above views will "be applica"ble. 1 "Annex II. "Application of the Prisoner of Far Con- vention to Non-Coriba11ant Internets. (/.my, Ordinary No. 753, February 6，1942) (Translation) "Referring to your communication, K o . 1 4 9 , dated January 27，1942, on the atove subject, the views of this ninistry are as follows: "The 1929 Geneva Convention relating to Prisoners of v Jar has no binding power whatsoever on Japan. But this ministry has no objection to apply- ing tho principles of the Convention to. non-cor.iba11ant intornees vithin such limits as it is applicable ? provided t however, that no person be subjected to labor against his v.'ill, "Annex III. "CoETir.unic^tion of the International Rod Cross Comraitteo C'oaî r.ic.n concerning collection and transmission of informこtion regarding prisoners of war 14-,303 dsted December 2 8 , 1 9 4 1 (Army Ordinary 9392) (Translation) "Referring to your comnionication, Ko. 4585? dated December 1 2 , 1 9 4 1 , on the above subject, the views of this L'inistry are as follows: "The Ministry agrees to the proposal. "However, "a. It is not that we 'declare that we are prepared to apply in practice' the provisions of the Prisoner of Y J ar Convention of 1929, but thr.t we "utilize then for the convenience of transmission of infornation.' "b. Infcfrn?.tion is to be transmitted by tele?rD.n and other neans " C E R T I F I C A T E " — THL PRSSIDEFT: You need not read that. Y!e will adjourn until half-past nine on Monday morning. ('^heruupon, at l600, an adjourn- ment was taken until I T onday, 6 January 1947, at 0930.)
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January 3, 1947 (p.14,154-14,303) Proceedings in Chambers
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