AtoM
David Conde fonds
International Military Tribunal for the Far East
Trial transcripts
Conde, David W.
application/pdf
r ‘ _ ¥ 1 Wednesday, 8 January, 194-7 INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST Chambers of the Tribunal 1:;ar Ministry Builoing Tokyo, Japan PROCEEDINGS IN CKA:'TB5RS On Paper No. 508 - Application of tho Lefense in re: General Oponing Statement, Opening Statements for each phase of the case and for individual defendants； similar Summations; and in res Lefense Witnesses. Before: HON. SIR WILLIAM nrE33, President of the Tribunal and Member from the Comrnonvjealth of Australia. Roported by3 Floy Ing Edor Court R sorter IMTFE Appearances： FOR TiiE PRO SEC IT： ION SECTION: MR. F. S. TAVENNER, Jr. 腿 . S O L I S H0R'.7ITZ FOR THE I.EFSNSE SECTION: t-R. BEN BRUCE 3LAKEMSY, Counsel for th- Accusedぐ TOGO, Snigonori, and UIIEZU, Yoshijiro MR. MICHAEL LEVIN, Counsel for the Accused KAYA, Ckinori, and SUZUKI, Teiichi m . WILLIA：.： LOGAN, Jr. ? Counsel for the Accused KILO, Koichi MR. GSOflGE YA^AOZA, Counsel for the Accused TOGO, Thigenori MR. CT'/SN CUNMINGHAM, Counsel for the Accused OSHIMA, Hiroshi MR, R. F.しOLE, Counsel for the Accused BiUTO, Akira MR. GEORGE BLE'ETT, Counsel for tho Accused TOJO, Hideki MR. L, P. McMAiWS, Counsel for the Accused ARAKI, Saaao MR. G. C. WILLIAMS, Counsel for the Accused HOSHINO, Naoki ？ffi. F. J.ドATTICS, Counsel for tho Accused ITAGへICI,.つeichiro, and :*ATSUI, I^ane im. E. R. HARRIS, Counsel for the Accusod HASHIMOTO, Kingoro, and S:iI??AEA, Shigetaro IH. ICHIRO KIYOSE, Counsel for tho Accusod TOJO, Hideki MR. S. HOZUMI, Counsel for tho Accused KILO, Koichi MR. K170SHI ITO, Couns si for thAccused L1AT3U1, Iwane IH. SOME I UZA Chief Japanese Counsel FOR TH3 OFFICE OF G I W L S^C^TARY. I： 'TF5, 1'R. CHARLES A. FANTZ, Clerk of tho Court MR, H. v•！. LELANEY, leputy Clark of tho Court The Proceedings v;ere begun at 0900. THE PRESIDENT: This is Motion 5 � 8 by the defendants for direction as regards opening state- Trent s of the defendants. MR. HORWITZ: Mr. President, before we take that up, the defense and the Drosacution have a mattor that they wish to make of record that they have agreed upon. As you will recall, the other day defense rais ..d the question of waiving Rule 6b(1)with raspect to Draparation of aefansa documents.'マe havo come to an agreement and prepared a form of ordor embodying that agreement which we ask tha Court to enter, wherobv the orosecution is taking over the burden for making spplication for additional rnatorial if necessary, rather than having the defense, in tho first instnnce. MR. LEVIN: In other words, it is a waiver of the rule. We have agreed upon it. It has boen submitted to us, Mr. President, and we have- approved tha form of the order if it moots w;ith the approval of the Court. THE x-RSSILENT: Thoro is no reason why th‘3 Tribunal should not apDrovo of that. Wa approvo of the drafi: consent ordor, and will mak.a it an order of the Tribunal. Who appears on tho defonso application in of opening statements? „MR. LOGAN; Mr. Blakeney. MR. BLAi:SI'JEY： I appear for the defense, sir. THE PRESIDENT: Mr. Tavennor for th.3 orosocu- im. TAVSNNER: Yes, and Mr. Horwitz. THE PRESILENT: Mr. Tavenner and v'r. Hor-itz. MR. BLAKENEYr This motion, vou recall, has been presented in chambers before, some time ago, and the indication ？it that time was that some adoition^l information was aesired by the Tribunal. If that is correct, I shoulo be glad to provide the information as far as possible. THE PRESILENT; Yes. Let's he^r what you have to say, Mr. Blakeney. MR. BLAKENEY: I can state thrt the defense have no町 agreed t|iat cvir evidence shall be nrepared ond, if 'perHittea, shall be tendered in the form of -- in six divisions of the case； the sixth being the individual defendant's own particular evidence, the other five being divisions of genenl interest somewhat analogous to the phases of the prosecution, with the exception that we have not followed their division of respect tion? the materinl exactly but have re?rr^nged it for what seems to us to be a more expeditious treatment. THE PRESIDENT: Could you reveal whnt th?.t rearrangement is? MR. BLAKENEY: Yes, sir. The first division is general, in that sense very similar to the first phase of tiie prosecution. Then follows a Manchuria phase, in which we hope to treat of all matters pertnining to Manchuris a no Manchukuo. Then a China phase, which again should tre^t of everything on that subject. A Russia phase, where ヮ e will assemble all evidence bearing on the Russian question. And finnllv, a Pacific War phase, -"/hich "'ill tre^t of all the various branches of the Pacific "/ar question; that is, America, Britain, Netherlands， Indo-Chinn, and the rest. Those general phases, as I say, would then be followed b^ the evidence to be aoQUced on beh=lf of the accused individually， ar.o the evidence '7ill ba of no interest to anyone except the individual. We therefore would propose, under the motion in question, taat we be permitted to make a general opening statement, to make a substatement for each of the five phases, ano then, of course, to make an oo'ening for e^ch defendant incivicually. I might aaa that so far as our thoughts on the subject up to now go, these openings will be extremely concise as compared '<vith the opening state- ments made by the prosecution in their various phases. エ cio not know -whether there is any other information I c^n give or is desireo, but th-̂ t is the genenl outline. THE PRSSILENT ； It is obvious tĥ .t you con- template calling nnd recalling the accused, as did the prosecution cnll ^nd recall some of their witnesses MR. BLAKENEY: Yes. '~Ie have, of course, incluoed in this motion a lenve to do just tĥ .t, recall witnesses in various stages. THE PRESIDENT: '/ill th^t right, which must be conceded, be exercised to ？iny great extent? MR. BLAKSKEY: ； / e l l , t h i t is very aifficult to say, sir, because our evidence is in such つ‘ nebulous state yet. I rather think it is the intention in many instances to do that or to prepar© affidavits of the witnesses as the prosecution did ano request lenve only to re-id various portions of them in the various phases, as wns ilso cone by the prosecution. I shouldn't say we consider thnt a very vital matter, but I do think ハle nil consider it a matter which will greatly exnedite the proceedings and make for a logical organization of the evidence. THE PRESILEMT: I hope that the accused will commit n.s much as they cn.n to writing in order to assure simultaneous tmnsl^.tions. I suppose you resllv intend to do thnt, jor? MR, BLAKENEY: As f̂ .r as I know, ，ve are ^11 working ”.'ith th°t in mind. I cannot m?ke an.v commit- ment ns to what ';;ill be done because I co not knoiv. エ do know tint in my oTvn incividu^.l cnses, I nm and have been preparing affidavits nnd hope to be ^ble to have it re?.Qy for simultaneous trnnslation in almost everv instance. THE PR3Sir.EFT: I wonft come to any decision on this. I ？/ill oiscuss with in:, colleagues what you have told us today. MR. LEVIN: Mr. President,エ might csll the attention of the Tribunrl to the f-̂ ct tĥ .t nt Nurnberg the Tribunal announced thっt the various witnesses or even the defendants might be called bv various of the defenon.nts to support their contention or to offer evidence which they might see fit to offer, ？.no, from the announcement of the rule is I rend it, that thsy might have been called or recalled n number of times. When I ŝ .y recillG<3, I mean called bv others thnn those who original.lv c?llec them. TdE PRESIDENT: Have you nny idea of the number of witnesses you will h^ve, apart from the accused? MR. BLAKENEY; No, sir, I haven't. I h-ave in my Inaiviciû .l cases, but I cannot speak for anyone else at all. THE PRESILENT: Have you any idea of the length of tine involved in putting the accused's cnse? M . BLAKErJEYs I haven't ゥ.ny idea. Anything I could suggest would be only the rankest guess, anc I GO not believe it would be of ENY value. MR. YALIAOKA：エ believe, Mr. President, th?t in orders already granted by vour Honor for subpoenas, I believe there are about t'.vo hundred or a little more witnesses already in those orders. THE PRESIDENT; I have not grantee subnoenas for two hundred, Mr. Yamaoka.エ h3ve directed the interrogation of quite a number of the two hundred. MR. YAITA0KA ； Yes, facilities for interrogation. THE PRESIDENT: v e s. I suppose the evidence of those witnesses will be reduced to an affidavit and a synopsis if they are lengthy? MR. YAMAOKA: In many instances that is being done. I ao not know that th"t will be so in ench instance, but I believe th?t plnn is g'anerall.v being followed. 10 THE PRESIDENT; The prosecution may not insist on the cross-examination of all witnesses to any grant extent as you did in the cross-examination of theirs. But that is ?. matter of determination for thew. MR. YAMAOKA: Yes. THE PRESIDENT: After all, they o.re supposed to rest on their own evidence. Well, the Court will consider this matter. The conference is closed. (Whereupon, at 0915, the proceedings were concluded.) Prosecution's Witnesses OGIYA, Yorio Direct by Mr. Justice Mansfield Cross by Mr, KIJSANO 11 tt Mr. La zarus T f 1 1 Mr. SHIMAKOUCHI (Witness excused) WAKAMTSIJ, Tadakazu Direct by Mr. Woolworth Cross by Dr. KIYOSE " " M r . SOMIYA " " M r . Howard " " M r . Howard (cont'd) (Witness excused) Of EXHIBITS 14655 14629 )oc. Pros. Def. No. No. No. Description For In Ident. Evidence 2511 1979 2 5 H B 1979-A 1980 Extract from Interrogation of TOJO, Ilideki dated 14 March 1946 14553 Excerpt therefrom Extract from Interrogation of TOJO. Hideki dated 25 March 1946 14557 14553 8 JANUARY 1947 I N D E X Of WITNESSES 7 8 4 6 6 6 6 4 4 4 4 1111 Page 4613 4613 3 0 3 12 2 6 6 6 4 4 4 11111 14629 14629 2514B 1980-A Exccrpt therefrom 14557 I N D E X Doc. Pros. Def, Nor No. No. 2514C 2514D 2514-E 2514F 2515 2 5 1 % 2515C 2515S 4181 1980-B 1980-c 1980-D 19SO-E 1981 1981- A 1981-B 1981-C 1982 4181B 1982-A 4182 1983 Of EXHiBITS (cont'd) Description Extracts from document 2514 Excerpt from document 2514 Excerpt from doctiment 2514 Excerpt from document 2514- Extract from Interrogation of TOJO. Hideki dated 26 March 1^46 Excerpt therefrom Excerpt from documont 2515 Excerpt from document 2515 Extract from Interrogation of TOJO, Hideki dated 27 March 194-6 Excerpt therefrom Extract from Interrogation of TOJO, Hideki dated 28 March 1946 For In Ident. Evidence 14-558 14561 14564 14565 14575 14583 14575 14579 14581 14583 14591 4182A 1983-A Excerpt therefrom 14591 I N D E X 2732A 1988 2744 1989 294-0 1990 626A 1991 Doc. Pros. Def. No. No. No. 4182A 1983-B 4183 1984 4183A 1984-A 4183B 1984-B Of EXHIBITS (cont'd) Description Excerpt from document 4183 Extract from Interrogation of TOJO, Hideki dated 29 March 1946 Sxcterpt therefrom Excerpt from document; 4183 For In Ident, Evidence 145*97 14599 14599 14605 Extract, from Entry of Marquis KIDO'S Diary dated 13 March 1942 14606 Extract from Entry from Marquis KIDO's Diary dated 21 May 1S42 Extract from Entry from Marquis KIDO ! s Diary Monthly Report (Telegram) from th© Prisoner of War Camps Commandant in Thailand to the Chief of POT Information Bureau dated 3 September 1943 Affidavit of W A K A M T S U , T.adakasu dsted 31 October 1946 Affidavit nf ISHIDA, Eiguma Regulations for Punishment of Enemy Air Crews 14607 14608 14609 14633 14657 14662 1985 1986 1987 3 9 3 9 3 8 6( 6( 69 1 X 1 I N D E X Doc. Pros. Def. No. _No. , No. 1681 1992 1793B 1993 1793C 1994 1793D 1995 1793E 1996 1793F 2483 1997 1998 Of EXHIBITS (cont'd) Description For In Ident. Evidence Communication (Army Secret I•；o. 2190) dispatched from Vice War Minister KIIdRA to each Chief of Staff stationed in Japan and Outside Japan dated 28 July 1942 14666 Notification of Matters pertain- ing to the Treatment of Crew Members of Raiding Eneciy Planes 14670 Report on the Court Martial for Allied Aircraft Crews Captured in the Tokai District Army Area 14674 Report on the Gourt Martial for Allied Aircraft Crews Captured in the Central Japan District Arny Area 14679 Army Secret No. 1437 (Army Secret 7/ire No. 5715) dated 15 August 1945 14681 Army Secret No. 5776 (Army Secret Wire No. 1484) doted 23 August 1945 14682 List of the Prisoners of War Punished by Military Court Martial during the period 8 December 1 9 4 1 - 1 5 August 1945 14682 14., 551 Wednesday, 8 January 194-7 INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST Court House of the Tribunal , W a r Ministry Building Tokyo, Japan The Tribunal met, pursuant to adjournment, at 0930. Appearances: For the Tribunal, same as before with the exception of: HONORABLE JUSTICE JU-AO MEI, Member from the Republic of China, not sitting. For the Prosecution Section, same as before. For the Defense Section, same as before. (English to Japanese and Japanese to English interpretation was made by the Language Section, II-IEFE.) 14，巧2 I r ARv^HAL OF THE COURT： Tho International Military Tribunal for the Far East is now in session. THE PRESIDENT: All the accused are present excc-pt OKAWA and ilUTO, who are represented by their respective counsel. I understand that I have no certificate to that effect; that IIUTO 1 s illness prevents him from attending the Trial today, CLERK OF THE COURT: Ihey stated there would not to any more certificates until he came back from the hospital, sir* THE PRESIDENT: Colonel ".'oolworth. IIR. WOOLY'QRTH: If the Tribunal please, I desire to have marked for identification document Wo. 2^11 and introduce in evidence excerpts therefrom, 2^11-A, "Extract from Interrogation of Hideki TOJO, 14 March •“ THE PRStlDENT: Admitted on the usual terras. I5R. WOOLWORTH： (Reading) "p. 1-2-3 "Q There is one thing that I am not quite clear about. The Supreme Command, generally speaking, is reprosontp<3 by the Array Chief of トtaff and the Navy Chief of £~taff. That is not thn same as .Imperial Headquarters, is it?" f o 1-「-£ 1-:p. THE PRESIDENT: Mr. Delaney. CLERK OF THE COURT: Prosecution document No. 2511 will be marked exhibit 1979 for identification only and tho excerpt, being prosecution document 2521-B', will be marked exhibit No, 1979-A. (Yvliereupon, the document above referred to was marked prosecution's ex- hibit No. 1979 for identification; the marked excerpts therefrom being marked prosecution 1 s exhibit No. 1979-A and recRived in evidence,) m . WOOLWORTH: (Reading) "Extract from Interrogation of Hideki TOJO, 14 March 19^6 "p. 1-2-3 "Q There is one thing that I am not quite clear about. Tho Supreme Conrnand, generally speaking, is roprpsontod by 七hp Army Chief of ドtaff and the Navy Chief of Ptaff. That is not the same as Imperial Headquarters, is it? "A Imperial Headquarters (Daihonoi) drew its mernbership from the Array and Navy General btsffs and the Army and Navy Ministries. From the Army General t-taff thp Chief of トtaff the Assistant Ckief of Ftaff, all the bureau heads (bucho) and 14., 554 nearly all tho section heads (kacho) and some other rrionbers of the %°taff, as necossarv, attended. From the War Department, the.可ar Minister, the Vicc- Minister, a Majority of the Bureau heads (kvoku cho), and a few other members, as necessary, attended. I supposr that the membership from the Navy side was similar, although I am not sure. As T/ar Min5_ster, エ attnndnd in the capacity of a participant (sanka- kusha), although.I was not properly a member. In my capacity as participant, I was assisted by the Vice- Minister of War and the head of the Personnel t-ectior.. The Imperial Headquarters was created to me^t the needs of the war and, since one of thoso needs was for pprsonnpl,I attended for that reason, having adrainis- trative charge of personnel. "Three things were wrong with Imperial Headquarters. The first was that, although it was intended to bo a joint Army-Navy set-up, in practice.’ it was divided into an Array section and a Navy section, Army General f-taff and War Department personnel going into the Army section and Navy i-taff and Navy Department pr-rsonn^l going into the Navy section. "The second thing was that there were no goす。rnir^nt people in the srt-up,. It was all Army- Navy. 14., 555 "The third thing was that there was no one in a position to hold it together. It was set up on 2© November 1937 in connection with the China Incident. Having been set up during the first year of thf China Incident, it had a great deal of influences on the Govcrnrnrnt at the time preceding the outbroak of the Greater East Asia Y'ar. M n c e its uttrrances 记pre not voiced as coming from the Array General卜taff or the Navy Generalト.taff but from Imperial Headquarters, tho government had to give them a great deal of importance. "Q Did the Emperor have anything to do with Imperial Hoadquartrrs? "A The Emperor wss at the head of it. This chart shovs thp snt-up. (^ee reproduction attached.) As to the place Imperial Headquarters met, the Army p^rt of it met in the Army General . c taff offices, and the Navy part of it mpt in the Navy General Ftaff offices. "Q Thpn, how was the Army part of Imperial Headquartprs different fron the A r ray General f-taff? "A The people in the Gpneral irtaff were there in thp capacity of bureau chief, section chief, or v,'hat not, but they also had a capacity as a member of the Array section of Imperial Headquarters. Actually, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the two bodies Vv'ere very much the same in fact, except that セhe members of the War Department also came under the Chief of 卜taff when acting in the capacity of nerabors of Imperial Head quartprs. "Q You r^ean, then, that after Imperial Headquarters was set up in 1937, the Chief of トtaff hold more power than hp had hpId previous to that time? "A Yps, because he came to have control over members of the ' : !ar Departinpnt as well as control over thp merBbers of the General t-taff which ho had had before. "Q How often did Imperial Hpadqaarters meet? "A I am not too sure, since it was pretty much run by the Army and Navy Chirfs of Staff. ' However, I think that it met once or twice a wook. "Q V'as the Emperor present at evory meeting? "A No. Usually he was not there, only on special occasions. "Q When a full meeting of Imperial Head- quarters of both Army and Navy sections was held, -vherp was it held? "A In the P a l a c e . . "Q How ofton were tho.se joint ones held? "A As I said before, once or twice a wriek. i 14., 557 "Q You noan the joint meetings? "A Yos. Of course whrn th^re was more businoss, there werp aoro meetings. "Q "Tiat was the diffprence in function between Imperial Headquarters and the Supreme War Council? "A Thpy wer^ completely diffrrent. Imperial Headouartors was concerned with operations and tactics (sakueen yohei) in which secrecy was necessary and, thcroforo they did not consult the Supreme Y'ar Council on thes<° matters. The Supreme 7/ a r Council was concernnd with many matters, such as research, inspections, military education, military training, and, in general, with advice on military matters Prosecution desires to have .marked for identification document 2514-, introduced in ovidence document 2ヲ14一B, excerpts therefrom. THE PRESIDENT: Admitted on the usual terms. CLERK CF THE COURT: Prosecution document No. 2514 will be given exhibit No. 1980 for identifi- cation only and prosecution's document No. 2514—B will br given exhibit No. 1980-A. (Whereupon, tho document above referred to was marked prosecution^ ex- hibit No. 1980 for identification, the 14., 558 marked excerpts thprefrom being marked prosecution's exhibit No. 198®-A and received in evidence.) MR.でOOLWORTH: (Reading) "Extract from Interrogation of Hideki TOJO, 25 March 1946, p . l "Q" As Minister of YJar, from 7 December 1941 on, were you not responsible for the treatment received by American and British prisoners of war? "A Y e s .エ was responsible for their treat- ment*" . Prosecution desires to introduce in evidence docunent No. 2514 —C, extracts from document No. 2514-. THE PREi-IDENT: Admitted on 七he usual terras. CLERK OF THE COURT: Prosecution document No. 2514-C will be given exhibit No. 1980-B. (^/hereupon, the document above refcrrod to was narked prosecution T s ex- hibit No. 1980-B and received in evidence*) I'®. WOOLWORTH: (Heading) "Extract from Interrogation of Hideki TOJO, 2ヲ March 1946， p. 2 - 4 . "Q 1,r hen was tho Prisoner of War Bureau set up? "A This was organized irnmodlately after the 14，艿9 outbreak of ^ar. "Q ，."/hich war? "A The Greater East Asia VJar. "Q IJhy was it necnasary to organize such a bureau? "A This is according to intornational law, "Q '/Thy had not such a bureau existed during the China "Jar or Incident? "A It was not npccssary during the China Incident. "Q •？as there any bureau at all set up in connpction with the China Incident on the treatment of prisoners? "A There w-s no organization set up to deal vjith Chinese prisoners, "Q V/ho ordered this now bureau to be set up? "A Tho order for the formation of this bureau was issued by the 7 r ar IHnistor, "Q This was during the time that you were 邛ar Minister and Prpmior? "A Yes. Were you, from 7 December 194-1 on, familiar with the provisions of the Hague and Geneva Convpntions 7/ith respect to thr- treatmnnt of prisoners 25 of war? 14., 560 "A I knew of thess at the tide. "Q At that time did you, as Premier and "War Finistor, bplieve that the provisions of those conventions applied to Japan and should be followed ley her in war? "A Naturally. In addition to the provisions of those conventions, thero are also other recognized rules and customs of war followed by civilized nations,み..re there not? "A As a civilized nation, we would follow tho principles of humanism. "Q I suppose by humanism, you mnan that prisoners would bo セrpatod humanely, as by civilized nations? "A Yes. "Q トo that す in gnnoral, from 7 December 194-1 on, you, as Premier and War ITinister, folt that Japan was bound by tho Hagup and Geneva Conventions vp th respect to セhe. troatrapnt of prisonprs of war and also bound by the ruins and customs of civilized nations with resppct to treating prisoners of war humanely,, did you not? "A Yes." Prosecution desiros to introduce in evidence 14., 561 document No. 25*14•—D， exenrpts from document 25*14. THE PRESIDENT: Admitted on tho usual terms. CLERK OF THE COURT: Prosecution document No. 2514-B will recoivo exhibit No. 1980-C. ("Tirreupon, thr» document above refrrrcd to w^s marked prospcutinn's ex- hibit No. 1980-C and received in pvidoncp.) 14，562 MR. WOOLWORTH； (Reading) "Extract from interrogation of Hideki TOJO, 2? March 1946, p. 5-6. "Q Y/hen did you first learn of the complaints concerning or facts indicating that there had been mistreatment of American and British prisoners of war? "A The flnly complaints that ever came to my notice were in connection with food and so forth. Atrocities were not brought to my notice at a l l .エ am astounded at the truth regarding atrocities that is now being revealed in the newspapers. If the Japanese had followed the Emperor 1 s instructions, these atrocities would never have happened. "Q But you, as Minister of War during the period when those atrocities were committed, are the responsible party for their commission, are you not? "A Yes. "Q What explanation can yov give for the fact that you did not learn of them when t h e y were so widespread and of such a serious nature? "A エ was always under the impression that army commanders in the field who were responsible for the treatment of prisoners understood what was required of them in this connection. "Q During this entire period from 7 December 14., 563 1941 on, you were aware of the fact, were you not, that the United States and Great Britain, through friendly nations, had warned the Japanese Government that officials and t’，e Japanese Government would be held responsible for violations of the Hague and Geneva Conventions and for violations of the rules of war ^ith respect to the treatment of prisoners of war? "A Yes, and if these atrocities.are true, treaties have been violated. "Q During this same period, were you not aware that the United States and Great Britain, through friendly nations, had made numerous and repeated complaints, giving specific data and charging that there had been, in each .instance, violations of the Hague and Geneva Conventions and of the rules of war in connection with the mistreatment of prisoners of war? "A I do not remember details, but I think these came through the Prisoner of War Information Bureau. "Q Such complaints would first come to the Foreign Finistry and then be routed to the Minister of War's office, would they not? "A Yes. 14., 564 "0 How man^/ of these complaints were made, that you recall, of your personal knowledge? ”A I cannot recall just now how many were received. "Q What, if anything, did you do with respect to those which veve received? "A These were passed on to the various army commanders through tbe Prisoner of War Informa- tion Bureau. "Q Were reports then made back by those "bureau heads or individuals to you, as 7 T irdster of War, relative to these complaints? "A No, no replies or reports were sen七 back. These complaints were sent to the various people con- cerned calling the matter to their attention." Prosecution desires to introduce in evidence document No. 2514-E, excerpts from document No, 2514. THE PRESIDEKT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No, 2514-E will receive exhibit No. 1980-D. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1980-D and received in evidence.) MR. W00LW0RTH: (Heading) "Extract from interrogation of Hideki TOJO, 14., 565 25 March 1946, p. 7. "0 Were these complaints, which were made during this period by the United States and Great Britain through friendly nations with respect to the mistreatment of their prisoners by the Japanese Government, taken up at the weekly meetings of the Prisoner Bureau that you have referred to? "A Yes. These matters v*ere taken up at the ti-weekly meetings." Prosecution desires to introduce in evidence document No. 25l A -F, excerpts from document Mo. 2514. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 2^14-F will receive exhibit No. 1980-E. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1980-E and was received in evidence.) MR. WOOLWORTH: (Reading) "Extract from interrogation of Hideki TOJO, 25 March 1946, p. 8 - 1 4 . "Q Did you or anyone for you go to the scene '"/here the mistreatment of the prisoners (of v;ar) was alleged to have taken place to make an investiga- tion of any of these complaints? "A Yes, there are many instances. There was 14., 566 a case of mistreatment of prisoners of war during the building of the Burma-Thai Railway and I ordered a court martial in this connection. "Q Was there any other personal investiga- tion made of complaints made by the United States and Great Britain after 7 December 194-1 with respect to the mistreatment by the Japanese Government of their captured American and British prisoners other than the one that you have just mentioned? "A エ myself heard rumors of mistreatment of prisoners of ？?ar at Bataan and when I was in the Philippines, I inquired of the Chief of Staff who informed me that the 'march' \ias due to the lack of transportation and there were no cases of atrocities. "Q Who was the Chief of Staff at that time? "A Lieutenant General YifACHI. n Q T ' T hat v;as the approximate time that you were in the Philippines and. made this inquiry of the Chief of Staff? "A This was 5 May 1943. "Q What was the approximate date that the 'Bataan March' took place? '•'A エ do not remember the date, but it was in the early part of 194-2. "Q How long after the 'March' was it that 14,567 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you heard of the mistreatment ©f American troops? "A These rumors came to my notice late in 1942 or early in 194-3,, "Q Through what sources did you hear these rumors of the mistreatment of American troops at Ba- taan? "A It would be difficult to say from whom エ heard these rumors. "Q IfVhere did you hear these rumors? "A エ heard these in Tokyo. "Q Regardless of what the sources of these rumors v/ere, from how many sources did you hear them -- hov/ many occasions did you hear them? "A It would be difficult to say how many « times エ have heard these rumors. "Q What v/as the nature of the rumors that you heard in this connection? "A The rumors were to the effect tkat pris- oners from Corregidor and Bataan had been mistreated. ”Q In what respect had they been mistreated, according to the rumors? "A They had been made to walk leng distances in the heat. Deaths due to mistreatment were usually referred to as death by sickness. "Q Did not the rumors also state and indicate 14., 568 that many of the troops who we're forced to march In the heat were in no physical condition to march at all and should not have been forced to march because of their physical condition? "A N o . The rumors mentioned nothing of this. "Q According to the rumors, what was the cause of the death of the American prisoners in this connection? "A All deaths were ascribed to sickness. "Q What kind of sickness caused the death of the men on that march? "A These details did not come to my notice. "Q But it did come to your notice from the rumors that deaths occurred as a result of the march, did it not? "A Yes. "Q Hern many deaths had occurred, according t® the rumors? "A This was not mentioned In the rumors. "Q Lid not the rumors indicate that the deaths were caused by the physical condition of the troops who had 'been requested or forced to march? "A The rumors only stated that the prisoners were marched long distances in the heat. 1^,569 "Q How long before you discussed this matter while you were in the Philippines with the Chief of Staff was it that you had heard these rumors? "A Perhaps two or three months before this date, but I do not recall. "Q How much time did you spend discussing this march and this matter with the Chief of Staff while you were in the Philippines? "A This was not the main subject of my meeting v/ith the Chief of S t a f f . エ had many other Impartant matters discuss with him and this was one subject that was involved. "Q How much time was spent discussing this matter with the Chief of Staff? "A I cannot say definitely how long we discussed this ss it was one of many subjects. ”Q Have you no idea whatsoever as to the amount of time you spent discussing it with the Chief of Staff? "A エ am unable to say definitely how long. "Q Prior to the time that you discussed it with the Chief of Staff, had not the American Govern- ment msde a written complaint through a friendly nation to the Japanese Government about this very matter, setting forth the details in connection with this march and in connection with the deaths of several hundreds of American troops? "A I do not remember ••マell but perhaps a complaint was received. "0 Was that matter discussed at all at any of the bureau meetings that were held weekly or bi-weekly, that ,you recall? "A I do not remember, but if a complaint was received, it would be discussed at the meeting of bureau chiefs. "Q Had. this matter of the 'Bataan March' and the deaths of American prisoners as the result thereof been taken up with the Chief of Staff prior to the occasion when you discussed it Fith him in the Ph3丄ip-)ines , as you state? "A It was the first time that I took it up v.’ith hi: 1 , but if a complaint was received from the United States, I am sure it must have been sent to the Chief of Staff through the Prisoner of War Informa- tion Bureau. "Q Do you know， of your personal knowledge, that this matter was taken up with the Chief of Staff on any other occasion than when you took it up with hiP during your visit to the Philippines? "A I was -acting as Prime J'inister and " r ar 14., 571 Minister and I フas not able to attend to details of this sort. These are left to the discretion of the chiefs of departments concerned. !I Q Do you know, of your personal knc> T •？ledge, that the matter had ever been taken up ,— ith tha Chief of Staff otber than the time you took it up rith him? "A I have no recollection of tl~is having been transmitted. "Q Did the Chief of Staff indicate whether it had been taken up 巧ith him before when you dis- cussed i t v/ith him? "A ? T o, as I asked hi'n abcut t M s . "Q But just r.'hat do yo：; mean "by that 一一 it had been taken up ",ith him? "A The Chief of Staff said nothing about this matter ever being taken lip vith bin before I mentioned it. "Q So that, as far as you knew personally or he indicated to you, this is the first time it had been taken up with hin "by any official of the Japanese C-overmient? "A I am not able to state definitely if this is so or not. ,T Q Was there anything said by him to indicate to the contrary? 14., 572 "A I am not able to answer thxs definitely and I cannot speak for the Chief of Staff. "Q Jusセ what did 3請 say to the Chief of Staff in connection with this 'Bataan Bferch" and the mistreatment of American prisoners? "A I mentioned that there were rumors of this description and wanted to have his explanation. "Q What explanation did the Chief of Staff giveつ "A The Chief of Staff explained that due to lack of transport facilities,セhe prisoners of war had to marc I" Ion? distances in the heat and that there was some suffering, and deaths resulted. "Q Did the Chief of Staff state during this conversation with you m'ha'C- distance the prlconers had been forced to march? "A General WACHI was not there at the time of the march and did not give me any details. He was not responsible for this march. "Q Who was responsible for the inarch? "A General HOHMA would naturally b3 responsiblej. "Q Did you see General HOIMA while you "were in the Philippines? "A No. H O M M had returned to Japan. "Q Had you seen General KOIMA in Japan at 3 V f \ 9 4 1 any time after the war started and before you went to the Philippines and. spoke to the Chief of Staff on this matter? "A Mo,エ did not meet him when he returned to Japan. "Q How long prior to the tine you discussed this matter with the Chief of Staff in the Philippines was it that nOMMA had returned to Japan? "A I do not remember マ7lien he returned to Japan. "Q T^ers you aware of the fact that IIOIOIA was in Japan during the period thai he came to Japan End remained here" "A Yes. "Q Did Hut'MA r cpo：'!： to she. ""rar Department here in Tokyo c'uri::g the tinw he v;as in Japan after the beginning of the wâ ." ̂ vith the United States? "A Perhaps he d5.d report at the War Office, but I did not meet him, "Q Did you or anyone else discuss v/itJi E01ffi/IA while he was here or at any other time, the rumors of the deaths of the American soldiers in the 'Bataan March'? "A I did not know of these rumors at the time he returned to Japan and I do not know of anyone 14., 574 else having discussed these matters ^rith him. 7/hen he returned to Japan, it was merely said that he had returned after a very successful campaign. "Q Did you or any official of the Japanese Government ever discuss vjith General HOMHA the matter of the deaths of the American soldiers resulting from the 'Bataan llarch' ? "A I do not know if., this matter ^as ever discussed.' The prosecution desires to have marked for identification document 2-51? and to introduce in evidence document 2515B, extracts therefrom. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 2515 will be given exhibit No. 1981 for identifi- cation only, and the excerpt therefrom, prosecution document 2515B, will be given exhibit No. 1981A. ("'hereupon, document No. 2515 was marked prosecution 1 s exhibit No. I 9 8 I for identification, and the excerpts therefrom, document Ko. 2515B, was marked prosecution's exhibit No. 198IA and received in evidence.) MR. 1 500L ,r? 0RTH: (Reading) Extract from Interrogation of Hideki TOJO, 26 March 1946, p . 1 - 3 . "A Yesterday there was some interrogation about prisoners and thure is something I wcmld like to say about that. "A エ was about to bring that question up and ask if you didn't have something you v^anted to say. "A Since the end of the war, I have read about the inhumane acts comitted by Japanese army and navy personnel. These were certainly not the intention of those in authority, that is, of the General Staffs, or the rr ar or Navy Departments, or myself. did 2 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 Greenbers & s p - r a 11 14,576 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 ニ 20 21 22 23 24 25 not even suspect that such things had happened„ The emperor especially, bGcause of his benevolence, would have had a contrary feeling. Such acts are not per- missible in Japan. The character of the Japanese people is such that they believe that neither Heaven nor Earth would permit such, things. It will "be too bad if people in the world believe that those in- humane acts are the result of Japanese character. (The preceding portion of the answer was read back to the witness who agreed ss to its correctness.) "The second point with regard to prisoners s The treatment of prisoners is tht： responsibility of various army commanders, hence I relied upon them to have regard for humane considerations and to follow the terms of international treaties and rules. Of course, since エ was the supervisor of military ad- ministration, エ am completely responsible. "The third point is that Japanese manners and customs are different from those of Europe and Anerican and the standard of living is also different. These things affected the treatment of prisoners. There are sone things I want to explain about this. "a) In regard to inhumane acts, these are not permitted under Japanese manners or customs either . ン ， ブ 7 7 "b) In regard to the difference in the standard of living, the treaties provide that prisoners are to be given the same rations as the troops of the detaining nation. That was also directed in orders that were issued. Because of the difference in the standard of living, the American and European prisoners thought when they were given the same rations as Japanese troops that the rations were very very ion- appetizing. Particularly, on the battlefields, this feeling was very strong, I believe. In regard to life in the barracks /shosha ‘ the barracks, for example, at Omori, which are field barracks / yaeichi/, they would not be thought bad by the Japanese troops, but the European and American prisoners thought they were very poor. "c) The Japanese idea about looing taken prisoner is different from that in Europe and America. In Japan, it is regarded as a disgrace. Under Japanese criminal law， anyone who "becomes a prisoner while still able to resist has committed a criminal offense, the rnaxirinm. punishment for which is tho death penalty. In Europe and Ar.:eric£, it is different. A person who is taken prisoner is honored because he has dis- charged his duties, "but in Japan, it is very different. "d) I want to say something now about the 1 4 , 穴 ft / 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 feeling with regard to slapping on the side cf the face. In Japanese families where the educational standard is low, slapping is used as a means of train- ing. In the Japanese army and navy, although this is forbidden, it continues in fact because of the influence of the customs of the people. This, of course, is a custom that ought to "be corrected 5 it ou^ht to be stopped| Dut I don 1 1 tl ink it is a crime. It ir; something that comes from custom. That is all エ want to say on this. "There is a correction I would like to make regarding yesterday 1 s interrogation. Yesterday, エ was asked if I had met Lieutenant General HOMMA. ェ said that I had not met him, but this year when エ was in Omori Prison, I met him. One othur point. ヮ h e n an a m y commander came back to Japan during the v;ar, h e w o u l d m a k e a s i t u a t i o n r e p o r t t o t h e E m p e r o r . Qn.such occasions, he would be accompanied by the Chief of Staff and the rr ar Minister. I do not well remember, it may be that エ met HOMMA on such an occasion since he was an army commander. That is all I wanted to say." The prosecution desires to introduce in evidence document , excerpts from document 2515. THE PRESIDENT: Admitted on the usual terms. 14,579 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CLERK OF THE COURT： Prosecution's docuneni? No. 2515C will receive exhibit No. I98IB. 、tioreupon, t he document above re- ferred to was ma:rked prosecution 1 s exhibit I、!o. 1981B c.ml received iu evidenoe.) WOOU-'OFtHj (Reading) "Extract from Interrogation of Eic^ki TO JO, 26 March 1946, p . 4 - 5. "Q Do you not recall thst the Japanese Govern- ment informed the United States , through the Swiss Government on or about 30 January 1941, what Japan would follow, in t'ne war then p e n d i n g ; ( 1 ) T h e various international convyntions, including those signed at The Ha^ia and Geneva; (2) International law5 (3) The ruLas and customs of law as to prisoners and civilians? "A I don't recall it, but I think it is v^ry likely. "Q You state thst you are now aware of the fact that hat promise was not kept or carried out. V('hy was it not complied with or kept? Do you understand the question? A I Understand it as regards the inhumane acts towards prisoners thr.t we have talked about. It was the Government's intuntion to follow these conventions, and it was mine. The fsct that these things happened — 、 is very much to be regretted. The responsibility for them is mine. "Q You mentioned today that you did not even suspect the occinrence of these atrocities and the inhumane treatment of prisoners. How can you say this when the United States and Great Britain, through the Swiss and other governments, made numerous written and detailed complcints to your Foreign Office about these very matters? “-I The matter of responsibility for humane considerations and the following of treaty provisions was the responsibility of the various army commander方. I believed that they were following them. That is my answer. "Q So that, although these numerous complaints were made on these matters, you still trusted the commanders in the field and did not believe the com- plaints . I s that true? "A As I said before, when a protest would come in, I would forward it to the responsible army cormander involved for action which I thought was taken. I could not tell whether the protest was appropriate or not, and I presumed that investiga- tions were mar'le, followed by courts martial or other suitable action. 14,^81 "Q Did you hear of cny courts martial or suitable action taken in connection with the atroci- ties and inhumane acts against /jnerician prisoners in the 'Bataan March' that we spoke about yesterday and today? "A I think that the conunanding officer took legal measures. "Q On what do you base ttet statement? "A Tho facts of the.t case would have gone to the comrianding officer who had the responsibility for taking appropriate action. "Q Then, it is only your speculation thrt such action was taken? "A Yes, but I think it was taken because it was his responsibility." The prosecution desires to introduce in evidence document No. 2ヲ15E, excerpt from document 2515. THE PR2SIDEOT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 2515E will receive exhibit N 0 . I 9 8 I C . (Whereupon, the dociunent above re- ferred to vi/as marked prosecution 1 s exhibit No. I98IC and received in evidence.) m. t""00LYt0RTH; (Reading) "Extract from 1 4 ^ 8 2 Intelrrogation of Hideki TOJO, 26 March 194-6, p . 6 - 7. "Q You state that when complaints were made by the United States and Great Britain about the inhumane treatment of their prisoners of war, the complaints i r ould coiTie to the Foreign Ministry and then to the ,?T ar Department. V'ero copies of these complaints sent to the Emperor, or was the Emperor informed in any way of them? 11 A No, he was not. I handled then on r.y ov/n responsibility. "Q " T hy was not the Emperor, as Coranander-in- CUief of the Japanese Arny r.nd Havy, advised of these complaints? "A I thought it was all rigvit to handle then on ny own responsibility， I sent these protests to the responsible field comiianders for investigation as to the facts. Th^ Emperor was busy and had a great deal cf work so I did this on my own. Consequently, the Emperor is not responsible in connection with this natter. I an responsible." The prosecution desires to have marked for identification prosecution document No. 4181 end to introduce in evidence excerpts thorofrom, 4181B. THE P R E S I D E D : Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document 14，ヲ83 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. 4181 will be given exhibit No. 1982 for identi- fication only 5 and the excerpt thorefrora, prosecution d o c m e n t 4181B, will be given exhibit No. 1982A. ( r r heroupon, document No. 4181 was marked prosecution's exhibit No. 1982 for identification, and the excerpt therefrom, document No. 418IB, was narked prosecution's exhibit No. 1982A and received in evidence.) m . WOOK"ORTH: (Reading) "Extract from Interrogation of Hideki TOJO, 27 March 1946 5 p. 3 - 7. "Q VT hat was the purpose of your visit to the Philippines, that you have referred to, when you spoke to the Chief of Staff in connection with the 1 Bataan Harch 1 ? "A Let 1 s see, the independence of the Philip- pines was on 14 October 194-3. It was in connection vith the independence of the Philippines and condi- tions in the Philippine Islands. The purpose of it was chiefly in regard to matters related to the in- dependence of the Philippines. I principally wanted to talk to important Filipinos in connection with independence matters. "Q How long were you in the Philippine Islands at this time? "A About three days, I think. 14., 584 "Q During the v;ar, that is， from 7 December 1941 until the end of the war, was that your only- visit , o r were you there on other occasions? "A No, I went twice during the war. "Q That was the ap”roximate date and purpose of that visit? "A I arrived in Thai on 4 July 1943, I believe, end stayed there, I think, for three days -- the 4th, 5th, m d 6th. That was the principal objective of the visit, "Irut on the way back, I spent two or three dcys in Malaya, one night in Sumatra, one night in Java, and one nipht in Manila; then I cane back by plane via Formosa to Japan. "Q How many tines were you in Formosa and Thai from 7 December 1941 until the end of the war? "A I vjas only in Thai the one tine that I have nentioned. I was in Formosa twice, that is, going and coming, on the trip to the Philippines in May 194-3; nnd again twice going and coning on the trip to Thai in July 194-3. "Q '"hat was your purpose in speaking to the Chief of Staff, on your visit in Ilay to the Philip- pines ,about the 'Bataan I larch' ？ "A There were various matters in connection 'nith the independence of the Philippines. They were 14., 585 the principal t h i n g s .エ spoke to the Chief of Staff about this other natter, Lut it not a principal natter of discussion. "Q '.'hy did you discuss this matter at all with the Chief of Staff? "A As エ said before, there were various rumors of the sufferings that prisoners hc.cl experienced and I inquired of the Chief of Staff "because I wanted to find out the facts a"bcmt it. "Q Just what did you ask hin in this connection? "A I said, ' I hr.ve heard these rnnors about the sufferings of the prisoners. "Ttc.t are the facts?' He replied that it Mas in the "broiling sun, and that mer.ns of transport were lacking end so they walked them a long ways, oncl that it VP.S a fact. "Q '"'hat was a fact? "A Tliet it was a fact that they hr.cl walked then this long distance. "Q Did you ask hin or did you find out how long the distance was that the nen were marched? "A I have an impression about the nain conversa- tion, but I don't ronenber the details teyond that. "Q Y T ere you not interested in finding out what distance the men had been rir.rchecl in the broiling sun? "A It is difficult for ne now to recall to just 14，586 2 3 4 5 6 what degree of detail the conversation extended. "Q Do you know how fr.r it is fron Bataan to San Fernando? "A I don ! t renenber. "Q Do you recall whether you learned from the Chief of Staff how many nen had either fallen out, being unable to finish, or died during the llarch? "A No, I don ! t ronember details like that, but エ got the impression th-^t the responsible coinmnder, •who was Lieutenant General HOHLIA, did v/hat he could under the circumstances then prevailing. "Q r , hat led to your belief thct General H O 腿 had done what he could under the circunstances pre- prevailing? "A It is a problem of responsibility. As Supreme Comnander in the Philippines at that time, he had a great responsibility to the Emperor. This responsibility wgs， on the one hand, t o conduct the fighting nncl,on the other, to establish peace end order; as to prisoners, I think that, as the re- sponsible commander, he did what he could. It is Japanese custom /tatemae/ for a comnander of an expeditionary army in the field to be given a mission in the performance of which he is not subject to specific orders from Tokyo, tut has 14., 587 considerable autonomy. (This is called the heavy responsibility of an expeditionary force commander /kongai no junin/." In parentheses, reading "Ilissing from Japanese." "Q The protest of the United States Government which was made to Japan, charged that the prisoners in the 'Bataan 3.:arch' were beaten, bayoneted, «Hd shot. Did you discuss that with the Chief of Staff during your visit? "A I^c, I didn't tr.lk to him about those things. エ thought that if the responsible army conriander knew about those things, he would take proper action. I thojapht thct the responsible army con-mander would take appropriate measures if things contrary to international law had happened。 "Q Did you inquire on either of your trips to the Philippines to find out if any action whatsoever had been taken in these matters? "A No. As I said before, since the responsible commander had the authority エ relief upon hin in this matter. I only asked about the main points. Every- one thought that the Japanese character would not permit acts of an atrocious nature. This little booklet which I liave here was issued on 8 January 194-1 in connection with the China Incident. The 14., 588 title of it is 'Teachings for the Battlefield' (Senjin Knn). It vas issiidd Tr.y me as 1rr ar I'lnister and at the tint： of the Greater :;ast “sia r : ar, officers c.nd men had thy smie instructions. I will quote only briefly. Properly, it is o. took on fighting, "but if you will translate the I have mr.rked in tlue p e n c i l , I •will appreciate it, I thought that these were carried out. (The tooklet wr.s giv^n to the interpreter with the pages r.c.rlred v/hicli will be translated end in- serted in tht? record. See attached translation of "booklet which is "being m d e c. ~)r.rt of this interroga- tion. ) "Q During your two visits to the Philippines, that you havy referred to, did you visit ごnd! inspect either Cajnp O'Donnell, or m y other prison ccmp? "A Ho,エ d i ^ n i t ,エ had no time for it. The only one I visited was Onori Prison Canp, here in Japan. "Q 1 'hile you were in the Philippines on those two occasions, did you visit cny canp where civilians werd jnterred? "A No, I cl i d n ' t .エ cin not too sure, tut it seens to ne I visited one enrip for civilians in lialaya, I ttiink it v/cs. I an not sure about it. "Q During either of those visits to the 14,5^9 Philippines, did you look into or inspect the treat- ment thr.t viounded Anerican soldiers and Filipinos were receiving? "A I visited a hospital whyre there were wounded Jr.pc.nese, but エ dor^t know whether there were wounded Filipinos or Ar^ericr.ns in it or not. 11 Q .',nd your purpose 上ri going there was to visit the Japanese woundec!, v;?.s it not? / "A Yes, th;;.t was the no in thing. "0 And you die! not go to that hospital looking for either Filipinos or /jr.erican wounclecT，did you? ”ム No, not specially. As I said, I did visit the hospital,but I don't know whether there were any woundec! Anericr.ns or Filij)ir>os there or not. "Q During your visits to Thai and Formosa, c!ic! you visit any prison caraps at which rjnerican and British prisoners were interned? "A No,エ didntt. In Formosa,エ stopped at Taihoku. I think the prison camp wqs at Karenko, which was a long distance away. But エ i v e r v t to Taihol^u. "Attachnent； Partial translation of booklet entitled 'Teachings for the Br.ttlefield. 1 (Senjin Kun), "NOTI； ； The witness produced a 32-page pamphlet entitled 'Teachings for the Battlefield' (Senjin Kun), issued on 8 January 1941,over his own 1^,590 name, several passages of which wore underlined. The underlined passages are translated as follows； "Page 2 and 3 ； r ' hen within the surround- ings of the battlefield, one is apt to be absorbed "by wh?.t is impedintely tefore one 5 s eyes and stray from principles snd occssionally these acts nay be contrary to one's duty 'c.s a soldier.laich discretion is needec 1 ..' "Page 5 and 6; 'To obey Ir^erisl coranands, to be brave as ĵel'l as just, to be humane ns veil as trave, r.nc 1 to realize the pr^ncl harmony of the world -- such is the spirit of the ；: i i p o r o r Jimnu， (first Lraperor of. Japan). Bravery nvust be stern end charity r.iust "be fc.r-reaching. If therd is any enemy resisting the Imperial troops, we irust destroy him with our tempestuous military powur, liven if we succeed in subduing our eneny with our unrelenting power, if vie l&ck the grace of refraining fron attacking t'lose who have laid down their rrms end of treating kindly those "who obey ns, ve can hardly be called perfect (soldiers)。 f "Page 24 and 25; ’Care must be taken in the protection of -^ropyrty r ; ncl materials owned by tlie enemy. Requisition, confiscation and destruction of rxiterials, etc. , nust cl^cys be effected in 14., 591 accordance with regulations r.nd invnriably in conformity with orders by comnandin.^ officers. In view of the basic principles of thu Imperial A m y , we must be magnanimous of heart and treat innocent inhabitants with .kindness . The prosecution desires to have narked for identification document Ko. 4182 r.nd to introduce in evidence document 4182A, the excerpts therefrom. THD PRUSIDLNTs Admitted on the usual terms. CLERK OF THI； COURT; Prosecution 1 s clocumont Ko. 4182 will receive exhibit 'N C , 1983 for identifi- cation only, nnd the excerpt theryfroni, docianent Mo. 4182A, Tjill. receive exhibit No. 1983A. (•. hereupon, docmient Ko. 4182 was marked prosecution 1 s exhibit H o . 1 9 8 3 for identification, r.nel the excerpt therefrom, document Ko. 4-182&, was marked prosecution 1 s exhilpit Ko. I983A and received in evidence.) LR. 口0 0 Lロ O l f f i 5 (Reading) "Extract from Interrogation of Iiideki TOJO, 28 Uarch 1946, p. 1 - 4 . "Q r 'ithin a nonth aftur the war with ijiierica started, was not the Prisoner of ""ar Information Bureau set up? "A Yes, it was, It was set up on a basis of treaties. M , 5 9 2 "Q '"ithin two or tliree nontlis thereafter, there was set tip, was there not, the Prisoner of T ' r ar /.d— ministrative Section? I r.m not sure if this is the correct Japanese title for it, however. "A All the work denlinp v/ith nilitary prisoners •wss handled by the Prisoner Infornation Bureau, I think. V r as this a public tody? "Q Yes, I t hink it xizs pr.rt of the ”ar Depart- niont and very similar to the Prisoner Inf ornation Bureau. "A I believe it v/as handled by tho Prisoner Inf ornation Bureau. T-here was a separate I ody under the Hone I'inis try, hov/uvcr, to cleal m t h civilians. I don't know what the nr.ne of that wcs. "Q r T hat orgardzatioiis in addition to the Prisoner of rT ar Inforr.ation Bureau, were set up l:y the rar Department for dealing ^ith prisoners? "A Besides the Prisoner of T ' T ar Infor:.〜tion Bureau, there were the Prisoner Reception Ccntyrs (shuyojo). "Q ''ere there a number of these? "A Yes. "Q And the number and locations of these were fixed by the Minister of r .'ar, were they not? "A Yes, as the number of prisoners increased 7 - 1 へ 5 9 3 the nimber of centers increased in the same way. "Q And regulations and orders vvith respect to prisoners of war were either nade or approved by the ”'ar I':inister, weru they not? "A Yes ? of course. "Q So that cei-七cdn clerical work with rospect to prisoners of wr.r was done hero in Tokyo, but the actual handling of prisoners in the fielc! was performed by the heads of the centers under the regulations and orclers received from the '.' T ar Depart- merxt, was It not? "A Yes, of corjrse. A^out the orders, there VJBS' one other thing, The "'ar Minister issued the orders, but the a m y com'ianders cculd issue further orders on ths basis of those issued by the I7ar Linister. "Q Did those orders liave to be consistent in principle with the orders issued by the r 'ar i .inister? "A Yes, of course。 Tiiey vere issued on a "basis of the * : ar linister f s orders. "Q ； j ig the clerical work, which was done with respect to the prisoners in Tokyo, vas directly under the Llilitsry Affairs Bureau., "was it not? "A It xias done by the U l i t a r y Affairs Bureau. Tlii； rules were the result of conferences between the 1 へ 例 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 Chief of the lilitcry Affairs Enrocu and tho General Staff. "Q You mean the Chief of the General Staff? "A No, someone "under hin. "Q How riciny menbors of the General Staff did the Chief of the Iiilitc.ry Affairs Board confor with in connection with these ratters, and \iho were they? "A The head of the I'ilitcry Affairs Biireau was a nしinter of the "!ar Department, of covrse. Depending on the nr.tr.re of the problem, he vjould confer with any one of the forr General Staff Sec- tions , t h c t is to say, with the first section, Opera- tions 5 second section, Intelligence； third section, T r a n s p o r t o r v:ith the General Affairs Section. "Q r T ho we.s head of the. Military Affairs Bureau within a short tine aftur the war \/ith /.mcri^a started? "A Akira ITTIO. At that tine he was a maj5r general. "Q How I0113 did he remain Chief of the Military Affairs Bureau? "A I don 1 1 rjnen^er w e l l , b n t I think he r«r-iained in thct position until :JU2Ust or October of 1942. "Q T T ho v;cs head of the Prisoner of I7ar Information Bureau at the beginning of the war and after? "A Lieutenant General DLIiURA. I don't know his first name. "Q Was it Ilikio? "A I think so. "Q Do you remember telling Lieutenant General UÎ IilEiA that the prisoners of war must be used to increase Japan's production? "A I permitted their use in factories, This •was based on treaties. "Q Do you recall olso stcting, in early 194-2, that in order to show the night of Japan, it would be necessary to establish prisoner of wr.r car.ps in Korea, Formosa, Hanclraria r.nd China こnd have the prisoners undergo compulsory labor? "A Do you mean that I said that*? "Q Didn't you say that in substance if not in the sane words? "A Ko. The location of the canps was determined by transport considerations and labor considerations. One other thing I would like to say. You spoke of forced lator /kyosei rorlo/. It was not that. This was based, on international law vjhich enables prisoners of the rank of petty officer anc! below to be employed 14., 596 as workers. Conralssionecl officers can be employed at their own request. I t ink tliat was specified in the rules which I issued as I ; :inister of '" T ar and to which エ referred a ronent ago. "Q Uho succeeded liUTO as head of the ililitary Affairs Bureau? "A Kenryo SATO. At that time to was a major general." 14. , 597 Prosecution desires to introduce in evi- dence document No. 4182-D, excerpt from document No. 4-182. THE PRESIDENT: Admitted on the usual terras. CLERK OF THE COURT: Prosecution's docu- ment No. 4182-A will receive exhibit No. 1983-B. (Whereupon, the document above referred to was marked prosecution's ex- hibit No.1983-B and received in evidence.) MR。WCXLWORTH: "Extract from Interrogation of Hideki TCJO, 28 March 1 9 4 6 , Pages 7 to 8. "Q Had you heard at any time that the treat- ment received "by prisoners of war in the Philippines, For.aosa, and Thailand was not only inhumane, but was below the standard given to Japanese prisoners of war? "A I supposed that the treatment "being given to prisoners was on the same level as that given to our o?;n troops. However the conditions under which Japanese troops lived were bad and to that extent the treatment given to prisoners of war was bad too. In regard to Thailand, I do know that I heard that prisoners had been mistreated by officers in the building of the railroad between Thai and Burira, that 2 4 6 9 0 13 14 15 16 17 8 9 20 21 22 23 24 25 Dud a & Eder 1^,598 prisoners were ipade to wcrk when they were sick, and, ok the basis of this, I ordered a court partial. "Q Other thar at Bataan ard the Dui" 1 ding of thj s rail road that voi. refer to, did you hear of arv ether rnistreatrrert of Awerlcar cr British prisoner's of war? "A エ have told you about • the Thai-Burrra thing just now t Aside frcm these two, I haven't heard much of that sort of thing. In connection with Chira, two or three cases came to my atterj- tior. Of course the authorities on the spot con- ducted courts partial,the results of which were forv/arded to me for irjformation as War Minister. On two or three occasions I was net satisfied with the results of the courts ffia.Ttial since the cases had been dropped, and I sert theiri back for reconsidera- tion . "Q You have stated that vou knew complaints came nto the Foreign Office and were sent to your office in connectior with the mistreatment of nrisorers and civilians. Did you or did vou not acciuaint yourself with the nature ard content of these corrplairts? "A These matters were usually broupht up at the roeetinps of the "bureau chiefs of the War 14., 599 Denartment. These meetings were held twice a week. Either the Chief of the Prisoner of War Informa- tion Bureau or the Military Affairs Bureau would bring them up. They were referred by the bureau chief meetings to the commander in the field who had the authority to act。 If there was inhumane treatment, he would take measures accordingly, and the report would nrobably come "back to me as War Minister. 1 1 Prosecution desires to have marked for idertification document 4183 and will irtrcduce in evidence document No. 4183-A, excerpt therefrom。 THE PRESIDENT: Admitted on t Vi e usual terirs. CLERK OF THE COURT； Prosecution's docu- ment No. 4183 will receive exhibit No. 1984 for idertificatior crly, and the excerpt therefrom, document No. 4183-A, will receive exhibit No. 1984-A. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 1984 for identification， and the excerpt therefrom was marked Drcsecution 1 s exhibit No. 19B4-A and received in evidence.) 亂 W00LW0RTHょ"Extract from Interrogation of Hideki TOJO, 29 March 1 9 4し " P a g e s 1 to 4. 14., 600 "Q Were you not responsible for the rules, the orders and the action taken whicb led to the sentences of execution or ipprisoranent of American fliers since 7 December 1941? "A Of course I ara responsible for army orders and regulations. "Q You mean for such orders and regulations? "A W e l l , I am not just sure what ones you refer to. I don't reneir/ber any regulations par- ticularly directed against fliers before 18 October 1942 when Japan was raided by American flj ers. There may have been some before that, but I don 1 t remember c l e a r l y .エ do reipember that there were some after that. "Q For what actions taken at that time or afterwards in this connection were you responsible? "A The raid on 18 October 1942 was contrary to international law. It was not against troops but against non-comToatants, primary school students, and so forth. We knew this and, since this was not perrritted by international law, it was homicide (satsu-jin). Japan acted on this concept and I ordered (kakcta) courts martial(gunritsu kaigi), or at least they were just about like courts martial. You probably won't be able to understand this 14, unless you understand something about Japanese feelings at this tiire. This was the first time Japan had been bombed, and it was a great shock. Public feeling ran very high. Now, of course, since the indiscriminate boirfbing of medium and small cities which were undefended and the use of the atom bomb, all things which are not permitted under international law, the tragic spectacle of this country tcdav makes this first raid look like a verv small thing, but it was a great shock to the people at the tirce. "Q And the extreme punishments meted out to these fitst fliers were mainly given as a deterrent to prevent future raids, were they not? "A Yes, they were for that reason. There was a demand from Irperial Headquarters c The Army- Chief of Staff carne to me directly and demanded severe punishrrent for the fliers. "Q Who was the Army Chief of Staff? "A SIGIYAMA. "Q What did you say in reply, and what did. you do as a result of this request? "A I issued this order。 It was an order for militarv administratior. As to the forn,エ am not positive whether the order v;as issued over my name 14., 602 or by Imperial Headquarters, but no matter who issued it, I am responsible for it. "Q Who else from Imperial Headquarters was the Chief of Staff speaking for when he made the request that he did of you. for セ h i s punishment? "A He caire on his own r e s p o n s i b i l i t y , not representing anyone else. I remember this because the Chief of Staff didn't often come to me directly about thirgs. "Q Did vou receive any order from the Eir.peror in this connection, or discuss the matter with him or report to him before taking the action that you did? "A The Emperor is not related at all to this problem. When the report of the court martial came from China to the Chief of Staff and to myself, the verdict, as I recall it, was that all eipht men were to be executed. The Chi^f of Staff came to me aid demanded that the findings of セ h e court be carried out. I knew, however, of the Errperor' s benevolence and, with that in mind, and because of his feelings, wished to have onl 1 - the miriroum number of men executed. Therefore, it was decided that only the three who had killed primary school students wou]d receive the death penalty. This was 14., 603 discussed with the Emperor, since the Emperor in Japar. is the only one who can comrute a sentence, and it was decided that way. That one point was the Erperor's only relation to the thing. "Q So the Emperor reviewed all ei'~ht cases ard coiriruted the death penalties from eight to three? "A No, he didn't review them. In Japan, courts martial have only one hearing。 That is be- cause of their military character•： Ordirary trials have three hearings. "Q On what basis did the Emperor take this action? Did you propose it? "A Yes, I did. It was on my TesDonsibility as adviser to the • Throne, but the comir.utation vas the Emperor's because of the fact that the Emperor is invariably benevolent. 14,604 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 v .'as not this oroor, which was issued by you for the trial and punishment of those fliers, an ex post facto law? "A Yes, it was. "Q Then the order of occurrences was as follows: the raid, the capture of tha fliers, tho ora?r which you issued, the trial, and the executions? "A Yes. "Q And tho order that you issued -orcvidod for the trial and punishment? "A Yas, it，J3s the basis. However, tha ore or, in turn, v;as basod on the fact of the raid. Of course the order .was not an order to execute eight non, it 7；as an order whoraby trials could be hole bssec on the fact of the raid. % So that, as tho result of thz raid, this order or law was promulgated by you and made retro— active to tho aate of the raid? "A Yes." Prosncution desires to introduce in evidence documGnt Ko. 4183-3, exconots from document 4133. THE PiUSIpENT: Admitted on the usual terms. CLERK OF TEE COURT• Prosecution's document No. 4183-3 will receive exhibit No. 19S4-B. (' r horoupon, the 6ocum、int above 14，605 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 referred to was marked nrosocu七ion 1 s exhibit No. 1984-B and received in evidonca.) MR. TOOL^ORTH: (Repcing) "Extract from Interrogation of Hidoki TOJO, 29 March 1946. Pages 6-7. "Q Lie not tha heads of tha various prison csmps have to raake a monthly- report to tho ilitary Buroau with rospect to tho prisoners under thoir cars in connection with food, health, labor, a no sr» forth? "A エ think thojr did on a basis of regulations. This is a routine matt ； r . And those reports vfore consolidatod, ^ero they not, a no sont to the Vj a r Minis tor? "A Tho War Minister rocaivoa a stack of papers about a foot and a half high e-ch day, and I suppose that was ； a m o n g thor. "Q You do knew, 6o you not, that those rsnorts were <• orcpilod and forwarded to tho '7ar Minister? "A Tho extracts were probably roportod on at the meetings of tho buroau chiefs which took plsco twiqjo wookly. "Q ' f as the matter of the daath rate from mal- nutrition, ana other causes, shov/n by tlloso reports discussod at thos-G maotings? 25 "A Yes, it was, and ェ paid particular attention 14., 606 234567890123456789012345 1111111111222222 to it. Th^ responsibility for theso matters belongs to tha ariへy commanders in tho fiola. Howevor, when they couldn't fulfill their responsibilities, thoy would make requests of tha '7ar TUnistry. Those requests came to the chief of thj Military Affairs Bureau and, after consultation bot;veGn tho latter and the commandc-rs in the f-icld, tha マ a r T /iinistrv would take action either by sending food, or some other means." Prosecution desires to introduce ‘n eviaonce aocumont No. 1.632-W(95), extract from ontry from Marquis KIDO ' s I iary, THE PRESILEKT！ Admitted on tho usual terms. CLERK: OF THS COURT; Frosocution.'s document No. 1632-W(95) will rjcoivo exhibit No. 1985. (7/horeupon, tho document above referred to was marked prosecution 1 s exhibit No. 198? ana rocoivad in sviaonce.) m . wOOL T ¥ORTH; (Reading) "Extract from Entry from Marquis KILO'S L iary. 13th March 1942. "I went to the offico at 10.00 a.m. "At 3 0'clock th3 Imperial Housohola Minister came to tho office and told me about 3don's adcross in Parliamont concerning our soldiers' atrocities at Kong Kong, and wo oxchanged opinions." 14., 607 Frosocution aesiras to introcuco in evidence document No. 1 6 3 2 4 ( 9 6 ) , extract from entry from Marquis KILO 's I iary. THE P R E S I M T : Aomittod on tho usual terms. CLERK OF THE COURT; Prosecution's documont No. 1632-7(96) will roceivo exhibit No. 1986. (thereupon, th3 document above roforrea to 們 s marked prosecution's exhibit No. 1936 and received in ovidonco.) MR. WOOK/ORTH: (Redoing) "Extract from Entry from Marquis KILO'S Iiary. 21st May 1942. "Chief aido-oe-camp c?.rao to n\y room and rel^tad to mo about tho manner in which tho Americnn POWs takjn in the /T.N. Loolittla/ sir raid wars dealt with." THE PR E S I EKT: We ハ , i l l rocass for fifteen minutes. (Whereupon, at 1 0 4 a rocass ^as taken until 1100, after which the つ r o c o e d i n g s wore resumed as follows:) 14., 608 THE PR5MDENT: Colonel ^oolworth. COLONEL 糊 L ' T O R T H : If the Tribunal please, the prosecution desires to introducr in evidence docun^nt No.1632W(98), being an extract from ontry from Harquis KIDO 1 s diary. THE PREMDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 1632W(93) will roceivo exhibit N o . 1如 7 . ( TrT hereupon, th^ document above re- fr-rmd to was rcsrkrd prosreution' s exhibit No. 1987 and rrceived in evidence.) MR. WOCLV/ORTH: (Reading) "Extract from Entry from Marquis KIDO' s Dinry, 3 October 194-2. "At 11：30 Premier TOJO cane to see ne in my room and r^qu^st^d mo to inforn thp Emperor regarding the details of the treatment of American prisoners who participated in the /T.N. Doolittlr/ raid last April 18th. From 1:05 to 1:15 I rpportod to the Ernppror as Prf-mi^r TOJO roqu^stnd. The Chipf of Ptaff will rr-por.t on this in tho noar future." Thp prosecution desires to introduce in evidence docurapnt No. 2732-A, which is monthly report from thp Prisonpr of War Caraps Commandant in Thailand. THE PRESIDENT: Adnitted on tho usual terms. CLERK OF THE COURT: Prosecution's document 14., 609 No. 2732-A will receive exhibit No. 1988. ( マ / h e r e u p o n , the document above re- ferred to was marked prosecution's exhibit Ne. 1°88 and received in evidence.) MR. ¥OOL' fT ORTH (Reading): "BA-98 "Military Secret "Telegram Translation "Place of Dispatch: Kanburi "tent: 12:10 a.a. (p.m.) on September 3 , 1 9 d 3 "Arrived: 9：00 a.m. (p.iru) on September 4,1943 "From! POW Camps Commandant 5.n Thailand. "To: Chief of FOW Information Bureau. "Telegram No. Tai-Fu-thu-Den 715* "The gist of the monthly report for August is as follows (?): " 1 . P r i s o n e r s of War - 40,314 (including 7，328 enroute (り）to Japan Proper). "2. J-ick Prisoners:15,064 (6 words under Inquiry) main diseases are malaria, malnutrition, 'gaihi' disease, beri-beri, etc. "3. Thirty-seven have died, thirteen of them • from malaria, four -from beri-beri, three from pneumonia throe from pellagra, and fourteen frora other diseases. "4. The number of prisoners who were engaged In indoor (?) work was 12,361 (?) a day on the average. 14,610 '"Vork directly collaborating with the rail— road - 1 , 3 9 5 pen. ‘ "Work collaborating with the unit - 4,772 men. "5. Special labor corps (?) - 814 men (patients - 88^ average number of laborers per dav 一 734) no death. "6. POW m a i l - 9 0 , 4 2 7 received. . No dis- p»aセch. Four messages addressed to P0V r ' s. ”7• No relief money (?) or goods for FOV/' s received. "8. strict precautions are being made and also, concentration principle was taken to intensify the collaboration between the .railroad un^ t. Five divisions and three detachments were organized. "9. Both P O W s "and special laborers are quiet. "10. 2,800 P0〒s waiting at f-ingapore are scheduled to get on board on the 5th of {September. "Telegran sent to: ‘I'5 POW Information Bureau. "Telegratr received: POW Information Bureau- 5" i^eptember 194-3. ,，卜EAL FIJJIKI1RA N o . 1 0 . — "BA-98 "Military Secret 14,611 2 3 4 5 6 7 8 9 10 11 12 1圣 14 15 16 17 18 19 20 21 22 23 24 25 ”Te丄pgrar Translation "Place of Dispatch: Kanburi n .。ent 2350 (11:50 p.m.) on c-epteraber 7，194? "Arrived: 2000 (8:00 p.m.) on t-eptember 8， 1 9 4 3 . "From: FOW Camps Commandant in Thailand "To; ‘Chief of POW Information Bureau " N o . 1 , "'¥e request vou to insert the following in the obscurp part of the main sentence in Telegram No. Tai-W—hu-De.n 715, distributed on {"eptember 5th: "'Ratio to the total number - 27.06%.' "NOTE: * The sick POW'd are reported to be 15,064 (ratio for the total number is 37.06多），but 37.06% of the total nunber 40,?14 is 14,940. There s^ercs to bp some mistake in the calculation of the ratio to the total number. However, this figure has not been calculated bv the P07J Information Bureau; the figures in the original document from the actual place have been copied as they stand. * (T.N. Added in ink on original document). "RpceivRd PCK, Information Bureau 11 j-epteruber 1 9 4 3 . 叩 E A L FUJIKURA No. 33 This contains the usual statement of authenticity. THE PRSMDENT: w e note a number of interro- gation m^rks on the first t-a?e. Do they suggest a doubt as to whether the preceding word is the right word or not? MR. WOOLWORTH: The question marks on the original Japanese document. THE FR T 5tIDENT； Mr. Justice Mansfield. M . JU‘、TICE ！ 狐 、 F I E L D : If tbe Tribunal please, the prosecution now produces for cross-examination OGIYA, Vorio, whose attendance was ordpr^d bv the Tribunal on the application of the defense. Hid affi- davit is exhibit 192^-A. MAR卜HAL OF THE COURT: Is the witness to be sworn? THE PRESIDENT: He is already on his former oath. This man has not b^en sworn bpfore? MR. JUirTICE MANt-FIELD: No, if the Court pleases. THE MONITOR: Mr. Prosecutor, what is the prosecution number of 1925—A, sir? MR. JUSTICE FIELD: Exhibit 1925-A. THE MONITORJ Yes, sir. What is the prose- cution number for it, please? MR. JUSTICE 狐 F I E L D : 8223. 14,613 OGIYA DIRECT CROtS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Y 0 R I 0 O G I Y A , called as a witness on behalf of the prosecution, being first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. JUSTICE MNbFIELD: Q 7/hat is your full name? A OGIYA, Yorio. 'Q And you are at present confined in fugamo Prison? A Yes. Q You are a det/on^nt of an affidavit dated the 8th of February, 19 4 .6? A Yes. MR. JUSTICE IlANi"-FIELD: The defense may cross-examine this witness now. I have no further questions * CROSS -EXA.MI NAT ION BY m . 鍵 A N O : Q Mr. Witness, is what you have written in this affidavit true and correct? A Yes, no mistakes. Q ITiat schools have you attended, Mr. Witness? A To what extent, sir? Q From middle grade school about? A In March, 1938, graduated the Third — the OGIYA CROtfc Tokyo ‘ Third Prefectural Middle f*«hool; and in April of that year entered the College Division of Chuo University in the Department of Law; graduated the Law Department of that college in March, 194-1; April, 1941, entered the University Division of the Law College; graduated the same school in 1943, March. Q In one of the questions put to vou in this affidavit it is said: n When w。're you assigned to ths Central Armv Ar^a Headquarters?" Well, that is a question as written in your affidavit -- as found in your affidavit. Now, does that mean -- does the Central A r m v Area Headauartcrs here mean the hoadquarters of the Eastern Army -- Eastern District Array? A Yes. Q In other words, whon you refer to this Central Headquarters, that is the one based in Osaka, is it not? THE INTERPRETER: The answer was "yes." A Yes. Q What position did you occupy -- what was your occupation at the Central Army — Central District Array Headquarters? A I was asaignpd to the Legal Affairs Section and handled general business matters. OGIYA CROtfc 1〜6lヲ Q Were you ever engaged in duties 3. S d, prosecutor? A Yes. Q In your affidavit the word "public pro- curator" is used -- is the v/ord as used -- the word written id "public procurator" as used. Now does that mean that you are a procurator -- prosecutor? A That is a procurator who attends to another prosecutor and should be translated as "presenting prosecutor." THE MONITOR: Perhaps that ‘should be "attending procurator." OGIYA ChOSS 14,616 Q i\iow, turning to the question on the--the last question on page 5 of the Japanese text of your affidavit, gave you the order to demand the death penalty for Kelson and Auganus?"-- Now, to that question you have answered, according to your affidavit；, ss follows: "After i^ajor General OTAHAHA completed his investigction, he wrote sn opinion based on his invcstigstion end forwarded this opinion to Lt. Gen. Eitaro UGH1YAMA, Commander of the Central Army Headquarters to get sn approval of the derth sentence. Then, after obtaining the approval of. General UCHIYALA, Major General Ol'AHhhA took his opinion to General HATA, who was in command of the Second Generrl Army, and also got his approval of the denth penclty." V«ell,now, in this testimony you testified that一一 you said, "After obtaining the approval of death" 一一 correction, plesse"•一approvsl of General UCHIY/JviA -- after obtaining the approval of General UCHIY/.kA, Major General OTAHARA took his opinion to Genere.1 HATA, who was in command of tht Second Gener&l /rny." You answered in those words. J\iow, are you sure of your answer here"? 14,617 OGIYA CROSS A The obtaining of the approval of the death penalty may be & mistak© in translation. In the light of his office, it is not imaginable that a Procurator could receive an approval of the death penalty. It would be possible, however, for a Procutator to obtain the approval of the method of execution, it is possible for the Procurator to obtain approval of e demand for s death penalty. Q W e l l , t h e n , 1 will reframe my question end ask you the same question in different words by saying "demanded the approval of the death sen- tence, et ceterr." You meant-- You didn't mean to say that this penalty v/as demanded ? or approval for the indictment was demanded, or approval for passing -- delivering sentence was demanded -- THE MOWITOK. Slight correction; ^hen you said that the approval of the death penalty wes received, you didn't mean that -- by that you didn't mean the approval of the indictment or the sentence of the trial；' You meant by that approval of -- by thet you meant to put these people on trial? THE エ 雅 臓 K T M し Correction of the whole passage; When you spoke of receiving the approval of the death penalty, you meant asking for approval 14,618 OGIYA CROSS for -- asking the death sentence rather than the approval of an indictment or approval of a sentence, isn't that so? Will you answer my question? A Yes, I will. Of course. V.ith respect to thst matter, whether the case should -- the indict- ment should be made or not, the Procurator prepares an opinion report and this opinion report, having been approved by General TjCHIYAikiA, it mcy be said that with respect to this -- in accordance with this opinion report the indictment v/es made. I think the main problem is after receiving the agreements to the irdictnient. in other words, this being an important international problem, requiring in respect of such question as the death penrity the utmost caution and the most careful consideration,エ think that approval for the demand or request for the death penalty we.s submitted in advance, and therefore on thst basis OIAHi'.RA sub- mitted as his opinion to request the approval of IjCHIY/iiifiA -- the demand of the supreme penalty 一一 to ask for UCHIYAMA 1 & approval; and エ have heard that it wgs then thereafter that the approval for the Coimnp.nder of the Second General ^rmy, General HATA, vires requested, and I have heard then there- after that the approval of the i.ar kinister in Tokyo we.s requested. OGIYA CROtfc -Q Well, then am I allowed to understand that passage to mean that approval of requesting the penalty •was requested, is that what you meant by that passage? A I think it was the request for approval for the request for the death penalty with the indictment as the premise. Q Then, a military tribunal, like ether trials, means the judicial independence, does it not? A Yes. Q Then, as far as the trials are concerned no interference was made either by the War Minister or the commander of the army or any other persens? A Of course, there is no interference of the trial itself. Q What I am asking was that no interference wss made as to the trials, proceedings of the trials, or the delivery of the sentence? A As ycu say. MR. KUSANO: Thst is all. DR. KIYOSE: Mr. President,エ shculd like t© say a word regarding the translation at the moment. There was semething said about the independence of the trial, but that I think should be translated as "inde- pendence of the findings and the sentence." I think it is a very hignly important matter. If the OGIYii CROSS J A . 6 2 0 prosecution has any objections to make, we would 丄 i K e to submit the matter to the Language Arbitration Board. m . JUSTICE MANSFIKLD: The prosecution has no objection to the natter being submitted to the Lan- guage Officer. THE PRESIDENT: It will be referred to the board. Captain Lazarus. DR. KIYOSE: I should like to ask also to the witness, because the witness seens to understand Eng- lish, whether he prefers tc have the word "saiban" in Japanese translated into "proceedings of trials" or "findings and proceedings" -- "finding and judgment?" THE WITNESS :エ approve of the purport of that question. THE PRESIDENT: The less we say at this stage the better. We leave it tc re-examination to clear this ness up. CROSS-EXAMINATION (Continued) BY LIB. Laん丄US: 'Q Mr. Witness, you stated thst you hecrd that the approval of General HATA was requested. Do you have any more ccncrete informaticn than that to give this Tribunal? A The natters to which I have testified did 1へ 621 OGIYA ChOSS not come tc my knowledge directly. They are bssed en v/hct エ heard from my chief, OTAHaKA. Q Then you, yourself, do not know whether or not General HATA ever approved or ever heard of this trial? A No, I have heard of it. There is no mistake about that. Q What is it that you have heard? A That is what I have stated in answer to ques- tions by the defense counsel previous to you 0 Q Then, let me understand you, please r You have heard, that General HaTA's approval was sought, but you dc not know of your own knowledge whether Gen- eral HikTA ever gave his approval or ever heerd of the case? A I have heard from General OTiJrhJxk that there was no mistake； there was no mistake tc the fact that Field Marshal HATA gave his agreement to the request for the death penalty -- request for approval for the death penalty. Q Then, the only informaticn you have as to General HATii's knowledge of this case is the fact that General OTれHAKk told you that General IL.TA had approved? A Yes. OGIYA CROtfc iz ,ベ.2 Q Now, this trial was held under the jurisdic- tion of the 15th Area Army under the command cf Lieut- enant General OCHIYi狐,isn't that so? A Yes. Q The Second General Army, of v/hich General IiiiTii was comnanding general, had nothing to do with ndmin- istrative natters of the 15th Area Army, isn't thct correct? A I &n not fcmiliar with thst matter. Q Isn't it a fact that the Second General Army had been created to prepare for the defense cf tho Jepanese homeland, and that was its cnly duty? A I have heard of that。 Q After the decision was rendered condenning the Anericsn flyers to death, v/cs the approval of General xia.TA for the execution of the sentence sought? ム N o . Q was the approval of anyone sought bofcro the sentence was executed? k C o m e n d e r O C K I Y a M h , Q And that was because OCHIYAMA was ccnnanding general cf the 15th Area Arny which had complete charge and sole charge of this trial, isn't that so? ix Yes. Q Did. you ever see an:, documents relating to 14,623 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0GIY/‘ CROSS this trial that had been signed by General HixTA per- sonally? A No, I have not. Q Then, I ask again for the last tine, as far as ycu know the only connection that General HATム had with this trial is General OTムHARk 1 s statement to ycu that he ? OTKHiiR^., had gotten General B^Tム 1 s approval for requesting the death sentence at the trial? A Yes. MR. LiiZAIiUS: Thank you. No further questions fron n.e, ¥\r. President. Thank ycu 5 sir、， THE PRESIDENT : Ccunsellor StmiANOUCHI, CROSS —EXAMINATION (Centinued) BY MR. SKIMi^NOUGHI: Q When and where did Second Lieutenant Nelson and Sergeant iiuganus attsc'K -一 bonb? A They bombed Tokyo en March 10,194-5, Osaka March 14 of the sane year, and Kobe March 17 of the same year. Q Where -- what places did they bonb in Tokyo on the 9th of March? \ L Regarding that point any area cut'side of the military munitions area. May I repeat, regarding that point this particular natter was net given much in- pcrtance at the trial proceedings. 14,62.4 OGIYA CROSS Q What parts did they attack or bcnb? A ム s you "an see for yourself, the central part of Tokyo. Q Did they bomb residential quarters of civil- ians in general? A That is included. Q Were Sergeant Auganus and Second Lieutenant Nelson aware of the fact that they were bombing resi- dential quarters? h Regarding Tckyo there was net much of a prob- lem, but Osaka-- Q I am asking abcut Tokyo, h I do not knew much with respect to that mat- ter j that point. Q Then, by this bombing to what extent Tckyo was damaged? A エ do not know the details. I an not familiar with the details. Q Are you aware cf the fact that a large number of non-combatant citizens of Tckyo died or were killed or wounded as a result of the bombing? THE PRESIDEMT: If we are to apply our rule, he can tell you only what he learned in the course of inquiry frcm the evidence. That evidence may c.r may not be available to the defense. 3 4 5 6 7 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 14,625 OGIYA CHOSS Q Then, I will ask you a question concerning the air raid of Osaka on the 14th of March. What parts of Osaka were attacked by that raid? A Both targets of militsry inportance and non- military targets. Q Do ycu mean to include in your non-nilitary targets general residential quarters of the citizens other than military establishments? THE PRESIDENT: This is not a serious question. The prosecution cannot claim that the ムnericans did not bomb residential areas in the course of bombing Tokyo and Osaka. What does it matter whether particu- lar flyers did or did not do so? Do エ understand the attitude cf the prosecution rightly? Mi. JUSTICE MANSFIELD: The prosecution took no objection to your Honor's statement. The prosecution agrees with your He nor 1 s statement. Q What damage or damages did the city of Osaka receive as a result of bombing? I MR. JUSTICE MANSFIELD: I object, if the Tri- i bunal pleases. I submit that the question is irrele- vant. THE PRESIDENT； The counsellor heard what I said and he heard what the prosecution said. No ques- tion arises about those natters. You are wasting tine 1ニ,626 OGIYA CROSS in putting such questions. The question is disallowed in the interests cf time ssving. m . SHBIANOU'CHI: May I ask sone questions on other points? THE PRESIDENT: I do not know what points they are, and I will not know until you put the ques- tion whether it is allowable. Q Mr. Witness, you testified that you requested for the approval of the execution of the death penalty for Lieutenant Nelson and Sergeant Augcnus to your superior -- you requested to your superior cfricer to give the approval fcr carrying out of the death sentence of Lieutenant Nelson and Sergeant Auganus. THE MONITOR: Mr. Witness, you testified that request for approval was made to senior officers with respect to granting approval of the request for the death penalty in connection with Second Lieutenant Nelson and Sergeant Aug&nus. A I den 1 1 recall ever having said that. Q Well now, did your superior officer, General OTixHiiRA, ask ^or the approvsl? A Whose approvel? Q That is, did General 0T“H>JU ask Commander OCHIYAMii. and others for granting approval for the request of death for Lieutenant Nelson and Sergeant OGIYA CROSS 14,627 ^ i Auganus? , A Yes. 2 ； 3 , THE PRESIDENT: We will adjourn until half 4 | past one. 5 | (Whereupon, at 1200， a recess was taken.) 14,628. OGIYA AFTERNOON SESSION The Tribunal met, pursuant to recess, at 1330- MARSHAL OF THE COURT; The International Military Tribunal for the Par East is now resumed Y 0 R I 0 O G I Y A , recalled as a witness on behalf of the prosecution, resumed the stand. MR. SHI11AN0UCHI: During the recess エ have conferred with the court reporters and found out; that the ouestion -which エ asked inmecliately before the noon recess had already been asked ~bv some other counsel; therefore,エ should like to strike out the question which I put to the witness prior to the noon recess. I have no further questions, Mr. President. DR. KIYOSE: This morning, Mr. President, you said th.G七 a redirect examine七ion "would be advis- able in order to clear up the mess. I wonder if エ may be permitted to help bring order out of the confusion. THE PRESIDENT; In my judgment Captain Lazarus dealt very efficiently.双ith the position. He made it plain "beyond doubt; that the approval was given in advance and not after the sentence had been passed. エ cannot suggest thajb re-examination is necessary for that reason. s p rla 11 r e 1 d e n I'-,629 OGIYA WAKAM4TSU DIF1CT 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DF, KiYOSE： Thank yon, sir. MR. JUSTICE MAHSFIELD; There w:.ll oe :io reclrVrect examination； if the Tribunal plaases. エ ask that the witness "be returned to hij f っ丄,riei1 custody. TニPRESIDENT: witness 哪 i l l be retu-!:.ed co M s formei" custody. 'Tier-gupon ; the witLess で a s ex'ju.sed へ' • P?JSSim;NTs Colon®! "Joolworth, ；-la W00LWrr,TH5 If the Tribunal piears , :,n conriectior. j th dicu^ertt ？i'o ,-1938, wM.cn マ a s 1; v '3 last documeni: V3ac. to the Iri'Dunal,I ciesire to riでect the ‘s teat ion co exhibits ^nd '-75. マ / i l l tha Marshal p^.esse have the -witness, • T AKAMTSU, Tadakazu. brought bo the witness stand. T A J A K A 7 a w A K 焱 I' A T S U, called £..s a "7iiir.es?! on behalf of ^h^ prose cut, 5 on, being iirst of'ly sY/orn, testified through Japanese inte?'- preteご as follows ？ .OTRSOx KT4Kim ; I0ir EY WOOI/'-ORTHr Q フ l e a s e sta 匕t' >oa. rt ramご r.rrl retide.nc®. name is vWAMATSU, 'J.'&daka/.u, address is : T '、. 29 r /' r; Kicnijoii, Musasb.ino, Sita-Tcrms Gun ? Toayo. 14,630 W A I H S U DIRECT Q You have in your hands two documents numbered 2744• Will you please examine those two documents, one in English and one in Japanese, and tell the Tri- bunal if that is your signature appended to each of those two documents. A The signature is mine but in one respect before I proceed -- there is one request I wish to make before I proceed and that is on account of the interpreter rry true thoughts have not been sufficiently expressed, and therefore I should like to be permitted to append a few remarks to make some of the points clear. THE PRESIDENT: We had better kno?; what is in the affidavit before he starts to explain it. m . "fOOLWORTH: (To witness) May I inquire if you had read both the Japanese document to which you appended your signature and had translated to you the English document before you signed the same? THE PRESIDENT: The document — Colonel, where are we? Did you tender a document? MR. WOOUTORTH: I am about to tender the document, sir. THE PRESIDENT: What document has he in his hands now? MR. 1 マ00LW0RTH: The original document. 14,631 Y'AKAMATSU DIRECT THE PRESIDENT: One in Japanese — MR. WOOLWORTH: And one in English. THE PRESIDENT: One in Japanese? MR. VfOOLWORTH: Yes. THE PRESIDENT: He suggested the English translation was not correct. The proper course would be to refer the English translation and the original Japanese document to the language section for their report. MH. W O O O O R T K : Does the Tribunal wish this to be done before the docuinejit is read into evidence or after? THE PRESIDENT: I do not think he ought to be "brought back. We ou^ht to get rid of him today. MR。 ”/00L¥0RTH: Prpsecution offers in evidence document No. 2744, affidavit of W A K A M T S U , Tadakazu. THE WITNESS: May X わ e heard on a point on v^hich I should liKe to make some explanation? What I '?7ish to say is that, not the difference in the Japanese and the English texts of my affidavit but that in the Japanese te?ct of my affidavit, on account of insufficient explanation, my true thoughts are not fully expressed and therefore I should like to append a few remarks by way of explanation. THE PRESIDENT: The witness attributed the 14 , 632 Y'AKAMATSU DIRECT fault to the interpreter whose intervention would not be sought in connection with the Japanese, I take it. He has changed his firound and. his later objection will not "be met by any reference to the translation board. Ke has to say no邛 that, knowing what the Japanese translation -- the Japanese document contains, he sign广-d it although it was not correct. TEE r . T ITHESS: I do not say that there are any errors or mistakes in the 七 e x t . エ only say that because of insufficiency of explanation my true thoughts have not been fully expressed, and that is why エ ask for permission to add some explanations to clear the matter up. MR。 WOOLWORTH: If the Tribunal please, I suggest that any other thoughts he has on this matter may be obtained on cross-examination after the affi- davit is read. THE PRESIDENT; We should know what is in the English version and you are tendering that document? MR. WOOLWORTH: I have tendered the document. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT; Prosecution's document No. 2744 will receive exhibit No. 1989. (Whereupon, the document above referred to was marked prosecution's exhibit 14,633 Y'AKAMATSU DIRECT No. 1989 and received in evidence.) MR. W00L' r 0RTH: (Reading) "INTERNATIONAL MILITARY TRIEUITAL FOR THE FAR EAST ~ THE UTTITSD STATES OF AJIERICA, et al.against A M K I 3 SADAO, et a l . ~ Affidavit. "I, TAKAMATSU, Tadakazu, do swear on my conscience that the following is true: "On December 8,1941エ was the head of the General Affairs Section of the General Staff. I con- tinued as such until December, 194-2, when I was ap- pointed. head of the Third Section of the General Staff, the functions of w M c h were transportation and communications, and I served as such until October, 1943. During the summer of 194-2 the decision to con- struct the Burma—Siam Railroad was made b3� the Imperial General Headquarters in response to a re- quest from the Southern Army, There 哪 e r e three purposes for the construction of this railroad,(1) to have overland coirmunication between Si am and Burma, (2) to provide a necessar;^ supply line for the Japanese armies operating in Burma, and (3) the ex- ploitation of tungsten deposits along the route, which were needed in munitions manufacture. "Submarine and air attacks had made water communication very difficult and there were no other Y'AKAMATSU DIRECT 14,634 means of communication "between Si am and Burma. The decision to use prisoner of war labor on this rail- road was made by the Chief of Staff, 3UGIYA1.IA r. the Minister of War, TOJO； and the Vice-Minister of War KIMUHA, (the last named through his official position, though not basically responsible), "I made one inspection o£ the Burm-Siam area about the encl. of July or the beginning of August, 1^43. I visited Rangoon, Eanskok, r.nd a portion of the railroad from the Siam end. It was during the rainy season and the ？ / o r k was not progressing saDis- factorily。 I made this inspection "because I had been .receiving reports from time to time w；' ich showed that progress of the work 珂 a s not satisfactory. The re- ports also contained information that the physical condition of the prisoners of war ”orking on the rail- road マ.'as poor, and that the death rate was very high* I had heard, that cholera v?as epidemic and that caused me considerable て-Torry. I observed the laborers at i;vork on the railroad and saw many cases of dysentery and beriberi amongst them. I also inspected the feed- ing of the prisoners of，"ar and it was not satisfactorj/ - , the quantity r.nd quality bein" below the required standard. I orally reported the results of my inspec- tion to the Chief of Staff, General S U G I Y A M and 14,635 Y'AKAMATSU DIRECT the Vice Chief of Staff, Lt. General HATA, in Tokyo, and recommended a two months' extension of the dead- line for the completion of the railroad. The original plan of the road bad called for completion date as of December, 194-3, ond during Karch, 194-3, orders were given by the Chief of Staff to complete the road over a higher grading, doing away マ i t h cuts, which would be less useful but v/I' ich would result in the road "being completed by August, 1943. I recommended, after having taken this trip, that a two months' extension to October be granted. Upon my return to Tokyo, I recommended that fejor General I8HIDA, Ei'Tuma be placed in charge of the railway construc- tion outfit, as エ considered, that he knew railway construction, and was thoroughly familiar ^ith the rear echelon function of supply. "Many deaths of prisoners of resulted from the building of this road. The causes were epidemic diseases and unfavorable weather. The con- struction outfit did not have a proper commissary- service. There were not enough trucks, and the truck road, which was built in April parallel to the railroad, suffered bridge wash-outs end could not be used for some time. It intended to be used during the rainy season, but this Droved to be difficult and 14,636 TMKAIIATStJ DIRECT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 prisoners and other workers had a very difficult time as a result. Because there wore not enough trucks, it was thought necessary to employ more personnel, and because more personnel ” 1 ere employed, the food situation "became more difficult. I recommended to the Commander of the Southern Army that more trucks be used and fewer men. "/s/ T .デ A K 腿 TSTJ Tadakazu WAKAI'ATSU "Sworn to and subscribed "before rae at Tokyo, J-^pan, this 31st day of October, 1946. /'s/ Eric Pleisher, 2nd Lt. AUSMI, Investigator IPS. "CERTIFICATE "I, Eric ？ l e i s h e r , herein certify that エ am fully conversant vrith the Japanese and English languages and that I truly and correctly translated from English into Japanese and from Japanese into English the oath administered to WAKAMATSU, Tadakazu, the nature and purpose of which oath ワ a s full7 under- stood by the sr.id affiant. "/s/ Eric r . Pleisher 2nd Lt. AUSNI Investigator IPS/ 1 In connection ”ァith this documont エ d.esire to state that the Lieutenant General PIATA mentioned 1 4 ， WAKAMATSU DIRECT in this affidavit is not the accused before us. EY MR, WOOLマORTH (Continuing)s Q Are the statements in the affidavit which エ have just read correct? A Not incorrect, sir, "but as I have stated before, there are certain important points on rhich m:, thoughts have not been fully and sufficiently ex- pressed and therefore I ask again for permission to add a word of explanation. THE PHESIDEI'IT: Ke may explain. A (Continuing) In the affidavit it is stated in connection with the construction of the Burma-Siam xlailroad that a decision was made to use prisoners of war labor in the construction of the railroad end that SUGIYAKA, Chief of the Army General Staff, TOJO, War Minister, and others had made the decision, but in making the decision I personally took no part and therefore I cannot say that they actually made the decision and I only -- my point is that in accordance with the ssystem they would be responsible for the decision. MR» 770017/0孤H: That is all. CROSS -EXAI'IIMT ION BY DR. KIY0SE； Q Mr. Witness, did you participate in the 14,638 WAKAJrilTSU CROSS preparation of a report on the conditions of prisoners of var working or： the construction of the Siarn-Bu.rma Railroad? A Yes, I did, in its early stage. Q Later on did you see this document, this report? A Yes, I did. DR. KIYOSE: With respect to the purpose of the Siam-Burma Railroad I refer you, Hr. President, to document 一 一 to exhibit 4-75. That is this report. IPS document No. 1^09. I quote from page 8, page 8, English text. T"T ：-. T f • T * r rpc?TT CROSS 14,639 Q In this clocument it is indicated that one of the purposes of tho Burna-Siam Railroad was for purposes of trade and transit -- trade and traffic. That is, one of the purposes of the Burma-Siam. Rail- road is the estal•！lisVinent of a trade and traffic routy； In this affidavit, however, the word! “con- minicction" b^tYJe^n Burma and Thailand is used. Does this r.t;an the sこne tiding, K r . l t n e s s ? L '" T hat I meant by "coriimmications line" in my affidavit was 一一 in ray affidavit I use thu v/ord “overland corrxmication." That is in l.;n^lish. I meant by it a route for pe^cuful trsde cincl traffic. Q Am I coruect in "understandin：^ that the purpose of the railroad was not only for YisTtlve use tut also for trade end traffic in the "oostwar period? A You may understand that I meant ty it a peaceful route of conr^unication, both in v/cr an."' peacetime. Q In the document which エ have jtint quotc-d, the exploitation of tungsten is not refyrrocl to, al- though that is referred to in the affi； avit.ンay エ a si:-.7 hut her that an important purpose? A That is what I hoard at the time, rnd it wasn' t as important 一 一 so inportant as the t^o ••rre- cedins： it e n s . 1234567890 123456789012345 1 111111111222222 w " o 1 f & Greenblrs ？ j m s u C R O S S 14,640 Q r ' r as tun fasten, actually exploited? A I am not sure aじout it. THE PRBSIDUNT: This line was built in territory v/hich did not belong to Japan. r; ould Japan have any interest in the peacetime operations of that line? THS 广 I T K L S S s I thought -- my idea 〜7as that the railroad vh?.ch. ̂ as bein^ constructed ? after having ot— tained understanding of the two countries concerned, that is, Burma and Japan -- Siar and Japan, and would be beneficial to both countries even in peacetine, THE HOKITOR: Both countries heing friendly countries. THE PHiSIDEFT； Did Japan pay for the line or die"! those countries? TH3 '1TIIESS; Japan pcid。 BY DR. KIYOSニ； (Continued)； Q ' r hat kind of responsilalities did the Third Section of the Lray General Staff hold, the office in vhich you were posted? A The Third Section of the General Staff � a s in charge of transportation and conrmnications. 0 You havy not つ e r t i c i p r t e d in the arriving at the decision to u.se prisoners — of-wcr in the con- sセruction of the railroac"., tut have you heard of the 14,641 m s u ckoss purposes 一- of the purpose for which such labor -- the reason why such 1,"bor stioiilcl be used? Correction: Have you, yourself, heard the reason for the decision to use prisoners-of-war in the construction of the railroad? L In thu first plo.ce, this was the construction of rr.ilroad in the territory outside 一一 territoiT far from Jcpan, almost on the outside of t'".e occiipiec'. cr.- 1 ' 1 . Seconclly, this was not a purely military i n s t a l l a t i o n . I n d third, becnusu the interpretation was placed that the construction cf this railroad was not cn operational function or for operational purposes, although I hr.ve not studied -一 seen the results of the det^iloc 1 stucly of the construction plan. 0 "'as this area at that tine tlireatenec! by enemy- attacks - - a i r raids? A It v/as not a danjeroiis area。 Q Since that tino was there any time v/lion danger threatened in that art：こ*? A The area -一 the air raids wore started to "be launched on that area "by the tine thy railroad was going to be eoriploted, THL； I'OHITOR: About the time the railroad was being completed, o.ir raids be^an. m s u CROSS 14 , 6 42 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 エ n case when danger threatened, who had the responsibility of moving the rrisoners to safer areas? A The responsibility, lies with those who are directly in command of the P"' 7 ' s, Q In this particular concrete case, where did the responsibility rest? A エ " b e l i s v e it was the headqnarters of the S outliern A m y e Q You have referred to in your affidavit, far. Witness, that P017 1 s \iove affected "by cholera and other epidemic diseases. '".'ore any rest periods declared as a nenns of preventing the sprec.d of disease? A Yes. The construction v/ork was stopped for sone tine either in June or in July to prevent the spread of cholera epideirdcs. Q In cases of mistreatment of prisoners-of- war clurin^ the construction of the rc.ilroad, were courts nr.rti?.! he id? THS ：MONITORS Sis there been a case of courts nartial whan there was a risrcii-.penent or mistreatment of prisoners "by the Japcnese? A I heard that there ^ere. 14,643 Q And what is your reason for transferring thn responsibility for the construction of the railroad to I^HIDA Eiguraa? A In the course of the construction of the railroad the commander of the construction changed three times before ItHIDA Siguma took charge. The first commander, tFIMODA, while on a tour of inspection C-f the routr on which the railway was to be constructed, died as thp result of an air accident. The second person who took coimnand over the construction of the railroad was Ilajor General TAKAtAKI who, durinp the construction of the railroad, was1 nfflictr-d by malaria and about July when I went on a tour of inspection of the railroad construction area hr. was barely ablp to get up. General TAKAtAKI on account 一 一 because of this malaria 一 一 died shortly afterwards following his transfr-r to another post at Singapore. In othnr words， the transfer was necossitatcd by reasons of health, Thit w^s one. Another rr'ason was that both !'ajor Genoral ト H I ! . 細 A and then his successor, Major General TAKAtAKI， were boti highly versed in thn railroad construction technique as expprts nnd fully qualified to handle a large personnel--correction Howpvei、, they wor'。 not qualified to handle a vnry large personnel or to ^AKAMATt-U CRCKS、 1 4 ， 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 carry out to satisfaction the very difficult Job of roar pchelon supply, nor to satisfactorily complete such a huge and gigantic job as the construction of a railroad. In ordor to construct the railroad well, as well as to reduce any looses to the barest minimum, it vjp.s regarded necessary and more valuable to utilize a man who had staff experience rather than a technician. And therefore, at that time, Major General 1>HIDA 双 h o was Commander of tho railroad units in Malaya, as 恥 1 1 as ttaff Officer of Field Iforshal TERAUCHI, Commander-in-Chief of the Southern Army and held in high confidence and trust by the Field Marshal, the recommendation was made to appoint him — that is, It-.HIDA -- to the post of Commander of the Construction Unit. Q In what you have just stated am I to under- stand 一一 am I allowed! to understand this: By appoint- ing a man of such character 一- the appointment of a raan of such character, was it not only because tfiey wished to technically promote th^ construction of the Railway, but also to obtain good results in impreving treatmeat of Japanese soldiers and — both Japanese soldiers and POWs engaged in railroad construction ？ f o r k by improving rear eehclen supply aervioe? 14,645 WAKALIATtU CROトト THE MONITOR: Maj エ understand it this way: The fact that they used not only a man who was well versed in techniques or technical side of the rail- road. construction, but the fact of choosing a man who was well versed in the rear echelon supply communication • supply function -- was that it desired to improve セ h e lot of not only the Japanese but also of the treatment of prisoners of war。 I'.Iay I understand it that way? May I have your answer? A Yes, and that feeling deepened within rae after I wade my inspection of that area. Q Thon, I should like to ask you the reasons why you asked -- you recommended for an extension -- a two-months' extension of the deadline for the completion of the Railway? A The first rea'ion that in the light of the health conditions of the personnel engaged in the Railroad made completion of the railroad construction in August difficult。 That is, at the end of August difficult. The second reason is that when the decision was first made to have the Railroad completed by the end of August, it v;as based on a misforecast of the rainy season and the general weather conditions in that 14,646 H A T h U CROe ト 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 area, and it was not expectod that the weather conditions would have been as bad as it had turned out. Other reasons, I might say, would be this： That the completion of the Railroad advanced to that early date as a deadline because of the intense counter offensive of the British Indian Army in Burma, and that construction of the Railroad would be renderrd extremely difficult if this counter offensive should extend itself further. However, the difficulty did not arise as had been expected and so it was decided thnt the prospects were -- ren- dei-ed lt possible to extend the deadline to October. THB IIONITOR: And we had come to the conolusion that the counter offensive by the British Indian Array would not bp dangerous u n t i l - - a t l*=ast until about October. Q Then, may I understand that not only yoursslf, but the cpntral authorities far from expecting to -一 far from desiring to raaltreat the prisoners of war, they expected to -- they intended to improve -- on the contrary they intended to improve the treatment of the prisoners of war? A Yes, especially with respect to prisoners of war personnel who were engaged in the construction T' T AKAMTト u CRObh 14,647 of the b'iam-Burma Railroad in the construction of which many prisoners of war participated. As a matter of fact, not a few of the -- the majority of the prisoners of war took stronger personal interest in the construction of the Railroad because short parts of the Railroad were being completed day by day nnd took interest in the constructive aspects of their ； J o b , stnd，inasmuch as the prisoners of war had playr.d such an important part and contributed so much effort in the construction of this Railroad, it later led Major General I8HIDA to refer to the prisoners of war who worked on the Railroad as guards of construction and that in respect of these constructive activities, good and proper care should be given to prisoners of war. THE MONITOR: That was our intention. Q !Iy last question is: Were there voluntary agreements between the Governments of Japan and of t-iam in connection with the construction of this Railway? A Yes, an agreement had been concluded. DR. KIYOSE: That is all, your Honor. • • ； . . - . • 1 4 , 6 4 8 . WAKAMATSU CROSa MR. SOMIYA: I am SOMIYA v . Shinji. “ ‘• CROSS-EXAMINATION.(Continued) BY MR. SOMIYA: ^ As there is the following passage in your afI'ioavit, that is, the Imperial Headquarters decided upon the construction of the railway, I should like to put the question to you concerning the Imperial General Headquarters. How many departments are there in the Imperial General Headquarters? A Four departments constitute the Imperial General Headquarters. Q What are the four departments? A The General Affairs Livision or Section, First Section, Second Section, and Third Section. Q Are you spsaking of the Army Section of the Imperial General Headquarters? \ Yes. Q Then, is not the Inroerial General Headquarters divided into two sections; that is, Army Section and Navy Section? A Yes, they are divided into the Army Section and the Navy Section. Q Did the decision for the construction of the Burma-Siam Railway -- was it made by the Army 1^,64-9 WAKAMATSU CROSS 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 7フ 23 24 25 i : S e c t i o n or the Navy Section of the Imperial General 2 ： Headquarters? 3 A By the Army Section of the Imperial General Headquarters. Q What kind of people — who constituted, or of what kind of people was the Army Section of the Imperial General Headquarters constituted? A The Chief of Staff, most of the members — most of th受 personnel of the Army General Staff office, the War Minister, and his staff. Q Then, was there a navy man in the Army Section of the Imperial General Headquarters? A Yes, there are some who hold posts concurrently Q Mr. Witness, you may have misunderstood my question. My question was, what I mean was, were there navy members in the Army Section of the Imperial General Headquarters? -- A I think there were some navy men in the Imperial General Headquarters who had concurrent duties in thr» Army Section of that headquarters. Q Do you mean by the word "kenkin," meaning concurrently - - qo you mean by "kenkin," donation, monetary donation, that is? A I mean "kenkin," that is, holding two offices Simultaneously. n丄辟o - V/AKAMTSU CROSS 'V V " . Q I understand. At the tin?® this decision was reached, were Shigetaro SHIKADA and Takasumi OKA, both defendants in this court now, concurrently me ibers of the Army' Section of the Imperial General Headquarters? A They were -- they did not hold concurrent posts. Q Thailand A Then, was the construction work of the Burraa- Railway conducted by the army or by the navy? By the army. ffi. SOMIYA: That is 311. WAKAMATSU CROSS 3 4 5 6 9 10 11 12 13 •14 15 16 17 18 19 20 21 22 23 24 • THE PRESIDENT: Mr. Howard. CROSS-EXAMINATION BY MR. HOWARD: 0 General , I represent General KIMURA. The order to permit the Japanese forces to use prisoners of 'war for the construction of the S iam-Burma railway was is sued by the Imperial GHQ, I understanc"!. To what extent was Vice-Minister KIMURA responsible. THE PRESIDENT: He answered that already. He says KIMURA was responsible through his official position, though not "basically responsible. HR. HOWARD： I thought he might want to expand on that, yo ‘onor. However, if the Court doesn't want him to I won't press the question. THE PRESIDENT: The Court doesn't want him to say the same thing twice. What weight we give to vhat he s ays is another natter. Q 'Then you v-ere in Rangoon or in the southern area, was the prisoner of wer camp in Rangoon directed and commanded by the Southern Expedition- ary Forces? A By the stste^ent: when I was in Rangoon, does that mean when T was making a tour of that region? 14 , 652 WAKAMATSU CROSS o That is what I mean, General. Possibly you were no; in Rangoon. A Yes, I visited Rangoon in the course of my inspection tour of the Siam—Burma railroad and the prisoners of war camps in the Burma area were under the direction and command of the commander-in- chief of the Southern Army. 0 To your knowlccige was that changed at any time? A Yes, these camps and prisoners of war held therein were brought under the command of the com- mander of the railroad construction unit, but prisoner? of wer camps in the Rangoon and other * areas who were unrelated with the construction of the railroad,with regard, to these, I do not know. THE MONITOR: If there vrere any. n v o u were Vice-Minister of War at one time, were you, sir? A Yes, immediately before the termination of this last war. I,TR. HOWARD: Nov； your Honor, I had some questions here similar to the ones that I bad asved Generrl TANAKA, which had not been covered on direct examination. If the Court permits I will examine him about the duties of the Vice-Minister of War. W A f ' T A T S U - CROSS 14,653 THE FRESIDENT: So far as they bear on prisoners of war you will be at liberty to do so, ,ir e will recess for fifteen minutes。 ('Thereupon, at 1445, a recess was taken until 1500, after which the proceedings were resumed as follows:) 14 , 654 LAぬHALL 01 THE COURT: The International Tribunal for the Far East is now resumed. THE PRESIDENT: Are all the accused present who were here when we went into recess? I want that answered. MH„ JUSTICE MANSFIELD: Iン the Tribunal please, I notice that HOSHINO is not present. THE PHESIDENT: We must have an explana- tion from somebody. No accused may leave the court without permission and without an explanation, and the explanation must be made publicly and not private- け . MARSHALL OF THE COURT: Mr. President,エ am informed that the defendant HOSHINO has been returned丨 to Sugamo Prison, feeling unwell. THE 瓶 S エ 腦 : T : No such step should have been taken without my permission, which would be given, of course, on behalf of the Tribunal, if at all. Mr. Howard. CROSS—EXAMINATION (Continued) BY MR. HOWARD: Q When was the Burina-Thailand Railway com- pleted? 2 4 5 6 7 8 9 10 13 14 15 6 -t r � io 9 20 22 23 24 25 Ka PIe a u & Goldberg WAKAWITSU CROSS 14,655 "A The end of October, 194-3. Q That was before the time that General KIMURA became commanding general of the Japanese Army in Burma, was it not? A I think so. Q Did the Vice Minister of War have any power of decision in matters concerning prisoners of war? A He doesn't have power of decision. MR. HOWARD: That concludes my cross-exam- ination, your Honor. ME. LEVIN: If the Court please, there will be no further cross-examination of this witness. MH. WOOLWORTH: If the Tribunal please,エ ask that the witness be excused. THE P R E S I D � ： H e is af liberty on the usual terms. MK. WOOLWORTH: If the Tribunal please, in connection with the affidavit of the witness who just left the stand, I desire to invite the Court 1 s attention to exhibit 473 5 particularly in connection with his cross-examination. THE PRESIDENT: Mr. Levin. LEVIK: Mr. President, I don't know offhand what that exhibit contains. It seems to Lie that before the witness was excused our atten- tion should have been called to that exhibit。 Justice Mansfield informs me that the exhibit re- lates to the number of deaths in the prisoner of v;ar camps in Thailand and apparently is a statistical table. Under the circumstances we will have no objection. THE PRESIDENT: I take it that HOSHI^O'S counsel,or one of them, is present today. LiH, LEVIW: Mr. President, Mr. Williams is H O S H I I m O ' S American counsel, and v;hen I learned that Air. HOSH1NO had been taken sick I went in and informed him and I wes sdvised that he himself had been ill and had left for the day. I don 1 t off- hand know who his Japanese counsel is. Mr. Howard infc.rms me that he ected on behslf of Llr. Williams both while he was sick and while he was in the United States and he will be glad to look after his interests at this time for the afternoon. THE PKLSIDMT: General Cramer draws ay attention to the fact that Mr. Howard is listed with us as one of HOSHINO'S counsel. Doctor UZAWA. DOCTOR UZAWA：ェ have been appointed counsel 2 3 4 5 6 9 10 11 12 13 14 15 16 18 19 20 21 22 23 ,24 14,657 for all accused. Since I have been appointed counsel for all accused,エ should like to act on of the accused HOSHINO. THE kONITOR: And therefore ェ am entitled as representative of HOSHINO THE PRESIDENT; You are at liberty to do l) OCT OR UZAViA: In order to insure satis- factory progress of the proceedings here, I am here daily at all times. MR. WOOLWORTH: The Prosecution desires to introduce in evidence document No. 2950, which is sn affidavit of ISHIDA, Eigurna. THE PRESIDED: Admitted on the usual t e r m CLERK OF THE COURT: Prosecution document No. 2940 will receive exhibit No. 1990. (Whereupon, the document above refer- red to v;as marked prosecution's exhibit No. 1990 and received in evidence,) behalf to act so. 25 14,658 "INTERNATIONAL MILITARY TRIBUML FOR THE FAR EAST. THE UNITED STATES OF AMERICA, et al.) -AGAINST - ) 4 E £ I P 4 I I I 。 ARAKI, SADAO, et al. ) "I, Eiguma ISHIDA, do swear on my cor science that the fc 1 lowing is true； "I reside at KAGOSHIMA-SHI, NAGOYOSHI-CHO, No,. 5 9 9 ， M A T S U M O T O , KAL'A. "I began iry military service in 1912。_ I graduated from the Armv War College in 1926. At the outbreak of World War I I , I as Major-General was in cor^and of transr)ortation in INDC-CHINA or the HANOI - SAIGON Eailway. After the outbreak of the war I went to 3ANGK0X and was in command of the Field Railroad HQ, transporting supplies to the railroad of THAILAND, MALAYA and FREKCH INDO-CHINA。 In early August of 1943 I received the order to comirand the 2nd Railway Depart- ment and 4th Special Railway Construction Corrmand from the War Minister in TOKYO. At the time I received the order, I was at KUALA LUMPUB 400 kilometres north of SI職PORE。 I went to the headquarters of the rail- road at a nlace called KAFCI-IANABURI, about 100 kilo- meters north of BAMPONG; about the middle of August, 1943 where I remained until the 4th of September,19^3? 14,659 when I wert to KCNQUITA to personally command the construction. The orders from the War Ministry put me in command of three departments； namely: the 2r’d Rail^jvav Department ： the 4th Special Railway Construc- tion Coimrand for the. construction of the BUBM-THAI- LAND R a i l w a y and the 3rd Field Railway HQ. I was told the length of the railroad was 415 kilometers ard upor completion it was used for the transportation of supplies to the Japanese troops in BURMA, "The prisoners of war employed viere mainly British, Australian and Dutch. Irs July,19^3, before I became commander of this railway, Lieut-Genera] WAKAMATSU and Colonel KATO visited the construction work while I was in command. LIEUT-General NAKAMUEA, Aketo, who was the comrr;ander at BANGKOK, was in com- mand of the Supply Depot for the-supply of food, etc., provided to the nriscners. The BUHKA-THAILAND rail- road was ccrstrueted principalis by the labor of prisoners of war and coolies. The railroad was com- pleted or： the 17th' of October, 1943, The direct and chief cause for the speedy construction cf the BURMA- T HA I LAND railroad wa-s principally a tactical operation. The fact remains that there was a necessity for land transportation between BURMA and THAILAND as no such route existed. The nc-cessity for its constructions 14,660 aセ the time and for the haste in its construction was caused by the difficulty of transportation by water due to attacks of Japanese shipping by submarines and froir the air. As a result of the fact that Japanese troops in BURMA were starving and the completion of the railroad -eant that they would receive supplies from SINGAPORE and BAFGKOK. "After the corstruction was ccmploted I was still in charge of the transportation over the BURM-THAILAND Railroad and there were still a small number of prisoners of war kept employed for the maintenance of. vi/ork in connection with transportation, エ was continuously at the scene of construction from September 5th until October 17,194-3? and エ knew that the sick ard death rate amongst the prisoners was very high. When I arrived at KAKCHAKABURI, the scene of the cor:struction of the railroad, in August, I re- ceived reports from various officers under my coirmand and I learned of the fact that prisoners arid workers in the railroad were dying as a result of very severe corditions. I worked for the betterment of conditions. On my inspection trip tc the hospital,I saw that a ruinちer of nrisoners were sick. When I was ir KUALA LUM- PUR in the middle of 1944 エ heard that the South Army had received complaints from the British and Dutch 14,661 Governments concerning the treatmert of prisoners of war employed on the BURM-THAILAND Railroad. The authorization for the employment of prisoners of war cn the BURMA-THAILAND Railroad must have come from the General Staff in T C K Y O .エ remained in charge of the supervisior: of the BUEM-TKAILAFD Railway, which was under the comrrand of the 4th Special Railway Corstruction HQ until May 1945. "Sworn to and subscribed before me at CHANGI GAOL, SINGAPORE, this - day Qtb of November 1 9 4 E i g u m a ISIIIDA • /s/ K。 S. Kalsi Major C E R T I F I C A T E I. MIZUTA, Shigotoshi， hereby c e r t i f y that I air fully conversant with the Japanese and English languages and that I truly and correctly translated froir English to Japanese and from Japanese into English the oath administered to Eiguma エ S H I D A , the nature and nurpose of which oath was full-'- understood by the said affiant. "MIZUTA, Shigetoshi (signed)" 14,662 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 24 MTU W00LWCHTH: The prosecution desire^ to irtroduce in evidence document No. 626-A， being "Pegulaticns for Ptmishment of Enemy Air Crews。" THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COUET j Prosecution's docunent No. 626-A will receive exhibit No. 1991. (WheretnDon, the document above re- ferred tc was marked prosecution's exhibit No.1991 and received ir evidence.) MR。 WOOLWORTH: (Reading): "Regulaticrs for Pur.i shraerit of Enemy Air Crews. "Military Ordinance /'Gunrei'/ Fo. 4 of the Japanese Expeditionary Forces in China. "The military regulatioriS /* Gun? itsu 1 / for the punishment of enemy flyers are hereby established as follows: "13 August 1942 (Showa 17) "Shurroku HATA "Supreme Commander of the Japanese Forces in China. "Military Kegulatiors for the Funishmert of Eremy Flyers. "Article 1. "These military regulations shall be applicable 14,663 to enemy fivers who have raided Japanese territories, Manchukuc：, or our operational areas and have come within the jurisdiction of the Japanese Expeditionary Forces in China。 "Article 2. "Those who have committed the following acts shall be liable to military rur.ishment; " ( 1 ) B o m b i n g , strafing, and other attacks .with the object of threatening or killing and injuring ordinary people. "(2) Bombing, strafing, and other attacks with the object of destroyirg or damaging private property of a nor丨-military nature. "(3) Bombing, strafing, and other attacks arainst objects other than military objectives, except those carried out under unavoidable circup- stances. 11 (4) Violations of warti’—..e international law. "The same shall be applicable to those who, with the object of carryirp out the acts enurr-erated in the preceding paragraph, have coroe to raid Japanese territories, Manchukuc s or our operational areas and have come within the jurisdiction of the Japanese Expeditionary Forces in China "before accomplishing this 1 4 , 6 6 4 object. "Article 3. "Death shall be the military punishment. However, life imprisonment or more than ten years corfinement may be submitted for it according to extenuating circumstances. "Article 4. "Death shall be by shooting. "Confinement shall be effected in a detention place and prescribed labor iirposed.. "Article "Under special circumstances the execution of military punishment shall be remitted. "Article 6. "In respect tc confinement, the provisions of the criminal law concerning penal servitude shall he corresrsor.dingly applicable, in addition to the provisions of these military regulations. "Suppleraentarv Regulations. "These idI] itary regulations shall be enforced from 13 August 19^2 (Shc.wa 17). "These militarv regulations shall be applicable also to the acts coirmitted tirevious to their enforcement, "Proclamation. Appendix. "Enemy flyers who have raided Japanese 14,665 i 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 24 territories v Mar)chukuo, or our operational areas, come ?/ithir our jurisdiction, and violated ？ i / a r t i r e irtemr.tiona] law shall be tried by court martial and ^ertercerl to either death or heavy punishment as irrortant war criminals." The certificate of antherticity is duly executed. The prosecution desires to introduce docu- ment No. If81. H SHIOEAM: I should like to invite the Tribunal 1 s attertion to a translation matter with respect prosecution's document l68l. There are two serious errors in this document. THE PRESIDENTs Let it he admitted first, arid we will deal with these later. . Well，vou began to describe it. You have got as far as the number. What is it about？ KR。 iVOOLV/ORTH: Document No. whichi, is a comrnunicaticn, Army Secret No. 2190, concerning treatment of enemy air crew members. THE PRESIDENT: Admitted or the usual terms, which include., of courso, any necessary translations or corrections in th'e translations. CLERK CF THE COURT. Prosecution's document No, 1(81 will receive exhibit No 1992. 14,666 (Whereupon, the document above re- ferred to tos marked Drosecution's exhibit No, 1992 and received in evidence.) MR。 WOOLWORTH: "Communication (Army Secret "No. 2 1 9 0 ) " — THE PRESIDENT; Read it first, Colonel, if you are going to read it, 腿。VVOOLWORTIh (Reading): "Cornriinication (Ariny Secret No. 2.190) "Dispatched from: Vice War Minister KIMURA， Heitaro. "To: Each Chief of Staff Stationed in Japan and Outside Japan. "Re: Treatment of Enemy Air Crew Members. "Dated: 28 July 1942. "I request you to take note and understand that the following decision was made in regard to the treatment of enemy air crew rerobers whc entered our jurisdiction with the object of raiding Japanese territory, Manchukuo and our regions of operation: " 1 . T h o s e whc do not violate the war-time international la叩 shall have to be treated as P0W r s and those who showed actions of violating the said law shall be treated as war-time capital criminals. "2. Defense Coranander-in-Chief of various 14,667 places (includinp troops stationed in Japanese territory outside Japan and the Governor of occupied HONG KONG) shall send for Court Martial such enemy air crew members, who entered the respective jurisdiction and are suspected of deserving treatment as war-time capital criminals. In regard to the above courts martial, the provisions of the Specially Established Court Martial stated in the Army Court Martial Law shall be applied." It contains the usual statement of authen- ticity signed by OYAMA, Ayao。 THE PRESIDEFT; Now Japanese counsel may state his objections. 腿。SHIOHARA: I invite the Court's attention first to the paragraph in which it is stated; " I request you to take note and understand that the following decision was made in regards," et cetera. THE PRESIDENT; We have not heard the English translation. THE INTERPRETER: I would like to have the last passage crossed out. • 。 SHIOHARA: In determining upon their handling of this matter, please understand the following: that it is made -- this notification is made by order -- THE MONITORs Slight correction; This first 14,668 r l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 part he did not read, but it has to do with this. It is: "Please understand that it was decided to dispose" or "to handle the matter as follows: I notify you by order. The word is "notification by order" -- by order of someone higher. This is not ir. the English. That is one point. MF。 BROOKS ； Mr-1 President, vve did' not get over our transmission the first part of his statement. I r.in sure the translators don't know that. There is something Yirong with the IBM somewhere,. THE PRESIDENT: We will start again. Counsel5 will you ret)eat what 3̂ 0u have said before? MR, SHIOHAKA: In the Japanese text the following words are found. The following is a literal translation from the Japanese text. "It has been decided that the handling of this matter will be done as follows:" Then follows "notification by- order." These words "notification by order" are missing in the English text. That is point one. Then paragraph numbered 1 11"has these words at the end; "war time capital criminals." I consider 25 it to be a iriistake to use the word "ca-oital" in 1 4 , 6 6 9 describing the original Japanese term which is "war tiire" -- which is in Japanese "senji juzai han." I should like to submit that this translation be rendered as just "war crimes.11 That is all. THE PRESIDENT; The matter is referred to the Language Section. 14,670 MR。WOOU.'ORTH: Prosecution desires to introduce document No. 1793B, ”Notification of matters pert?ining to the troc tment of crow members of raiding enemy planes. THE PRESIDENT: Admitted on the usurl terms. CLERK OF THE COURT: Prosecution's document No. 1793B will receive exhibit No. 1993. (^hereupon, the dociTment above referred to was mcrked prosecution's exhibit No. 1993 and received in evidence.) m , TO0L' r '0RTH; (Reeding); "Imperial Headquarters, Army Section. "Staff, Secret, N o . 1 of No. 3 8 3 . "Notification of Matters Pertaining to the Treatment of Crow Members of Raiding Enemy Plencs. "July 2 3 ? 1 9 4 2 Seimu TANABF- Deputy Chief of Staff " T o : M r . J u n a T O M I Y A Chief of Stcff, China Expeditionary Forcc. "Directions in regard to the trer-tment of crew members of raiding enemy plones hc.vc alreedy been given by Army Sccret No. 2190 of July, 1942, but in regard to the proclamation こ n d publication of the articlps of wcr ?nd the drte of execution of punishment r-gainst the crew members of the reocnt 2 4 6 7 8 9 0 13 4 15 6 17 8 19 20 21 22 23 24 25 w h a 1 e n & Morse 14,671 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 raiding Imcricpn plnnes, it is desired thet they be deferred until f date to be specified later. (Fx- pcctcd to be during the middle of August.) "Furthermore, sincc tile announcement per- taining to the execution of the offense of the crew members of th& recent rcidinp American plcnes will be nir.de by the Imp: riel Heed quarter s } I heve been ordered to notify you thc:t the decision for the sforc- mcntioned be reported to the Chic f of General Staff &s soon rs possible. "In closing 5 plccse refer to the annexed drc.ft in rcgrrd to the Articles of "rr end the text, of the proclamation of the Articles of ？ J a r . " "Annexed Rcfercnce Shcit. "Articles of � r . r of 00 Army (Dr?ft)" THE PRESIDENT; Is that substantially the same rs the preceding exhibit? That is, exhibit 1991. It me y not be. It looks like it ?.t a glance. MR. HO^Rr： Your Honor, I would elso like thrt this be referred to the Language Section the- se me es the former for the： srme correction as noint 1 of the former str tcme.nt bv Hr. SHIOHARA in which the v;ords "by order of the Wcr Minister" or some similsr words vrcre left out. THE P?JSIDFNT: I don't see in this further 14,672 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 drcft of Articles of Fcr r.ny reference to the- need for courts martirl. If there is such an omission it mny ĉ- desirecblt to read this into the trrnscrint i'iR,マ00LWORTH: (Read ing) "Article 1 . T h e s e articles of war shsll be r-pt)licfblc to the crew members of enemy plrncs raid- ing our Impcrir.l Doras.in, Mancnoukuo, or our zone of opcrr.tions end felling into tho powers of 00 Army。 "Article 2。 Those having committed the ccts listed below shrll be subjected to military punishment： " 1 . T o bomb, strc.fe end conduct other types of attacks for the purpose of threatening end wounding or killing the ordincry populancc. "2. To bomb, strcfc cnd conduct other t: r pcs of attacks for the purpose of destroying or ruining privc.tc properties possessing no militcry ch&recter- istics. "3。 To bombj strefc rnd conduct other types of attccks rgainst tcrgets other then militrry tar- gets unless incvitcblc. "4. To conduct outrcgooiis &nd inhumen rets ignoring h u m m i t y , besides the aforementioned, three p£.rr.grcphs. "This is r-lso spiolicablc to those coming to 14,673 l 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ettcck our Impc. rir.l Dome in ? Lfenchoukuo, or our zone of ojjc R： tions with the pur rose of committing the rets mentioned in the. rbovc psrこgr〔phs， but having frllen into the pow: rs of 00 Army prior to hrving accoraplishec them. "Article 3. The militpry punishment shrll be dec： th. However, c.cvc nding on the situation, it may be chr ngod to lift： or imnrisonraent of over ten yccrs. "Article 4-. Dc〔 th she.11 be by c, firing squr:U. Imprisonment shell be ct r； place to be dcsigncttd later, end they sht.ll be subjected to prescribed Icbor. "Article 5 . r h c n specific rcssons f xist, the execution of military punishimnt shr.ll be sus- pended . "Articlc 6. In rcgrrd to imprisonment regulations p<.rtrlning to pen-1 servitude of the cri,ninr.ll?w shrll bo aprslicrble, besides those stipulated in these articles of wr.r. "Supplemcntrry Provisions. "These c'rticlcs of wrr shpll become effec- tive. as of c.zy of month of ycrr "These rrticl:s of wrr shell be ff:r>plic£’blc agc.inst dc post fncto rets." 14,674 THE PRESIDENT： ...r. Howcrd, have you speci- fied r.ll the corrections you desire- to be looked into b- the Trcnslntion Section". MR。HOWARD: '"•e have a 11 thct wa hevo noted •£.Q f .： r, your Honor. THE. PRISIDENT: The mr.tter is referred to the Ltngiu.gc Section, M . WOOLWORTH: Prosecntion desires to introduce document No. 1793C, Rcnort on the Court ilartial for Allied Aircrc.ft Crews Ccoturcd in the Tokci District Army ARCC, THE PRESIDENT: Admitted on the usurl terras. CLERK OF TKF COraT: Prosecution's document No. 1793C will rcccivc： exhibit No. 1994. (Whorcur；on, the document cbovc re- ferred to v;rs mrrkGd prosecution's exhibit No. 1994 ？ n d r e e d d in evidence.) M R .那 O L猶 T H s (Hording) "Report on the Court Hr-.rtir.l for Allied Crews Crptrrcd in the Tokai District /rmy Aircrfft Ares:. c 1 rcrort "I. This report we： s prepcirtd r.c cord ing to made by the Tokri Ecraobilizrtion Bureau. "II. Substence：.. "There were eleven men cc-itured in r, rrid 14,130 on Nc.goya on the 14th of Mc y , 1 9 4 5 who were oxecutcd £ftcr trail by court mF.rticl. "III. Fncts of the Court Mrrti&ls " 1 . T h e c c c u s e d : ( 1 ) 2 n d Lt. Kymc; (2) 2nd. Lt. Crrrier5 (3) Corporr.l Clcsscty; (4) Corporol Sh-:.lton; (5) Corporr,! Pritchcrd5 (6) Lieutenant Sherrnen; (7) 2nd Lt. Solonmon; (8) Corporal Howell; (9) Corporcl ilrnson 5 (10) Corporrl Gentry 5 (11) Cor- porel Johnson»" Their serial numbers ETC listed but some unknown. "2 . Df.tc of trking in chcrgc: "Trkcn in chcrgc from the Kcmpei T^i H : i.t Tokoi ot the end of Mcy, end imprisoned on the sc.mc acy. "3. Piccc of imprisonment: "District Army Hcndauarters. "4 . Invcst.igrt ioru "After investigrtion r.t ths Tokri KemiDci Tai HQ, thしsc men were committed for court mrrtirl tit the end of Mcy on suspicion of having violrtcd the Articles of . Investigc tion by the prosecutor at the court mc.rtir.l produced enough cvidcncc to prove th.rt they hこd violctcd tho Articles of Wrr. "5. Flf cc mcl drtr. of judgment: 14,676 "Court of the Tokni District Army H r.d- quc.rtc.rs,11 July 1945. "6. Df.tr of Execution; "July 12,1945. "7. Plccc of Execution: "At the Obr.trge hr.rr rifle m n e c (in the suburb j of Nagoyr.) "8. Dispose 1 of tho comscs : "Originally buried in the Obf<t r gehrrr rifle rr.ngc , they v/ero disirrte:rr...-.d 1't' .r c.ncl ere mr.ted , rnd the remじins h?.vo been enshrined et the Fosciji Temple, rt Yrgoto, Showr： 1Fy crd, Kcgoy? Stntemont of £.uthx,nticity signrd by OYAJTA. 、 ： 1 ^ 7 7 》 ' ”脈 . B R O O K S ： If the Tribunal please, on the original list document 1793-A was listed for reading, and it would have preceded 1 7 9 3 - G , and エ was just in- quiring of the prosecution why it was left out, be- cause this document apparently provides for a mili- tary discipline council to apply the regulations with respect to a special court martial, and so forth. M . WOOLWORTH: If the Tribunal please, the reason for the omission of document 1793-A is that it is substantially the same as document 1681 which has been read as exhibit 1992, ThE PRESIDENT: Does it supplement the draft of articles of war attached' to exhibit No. 1993? 腿.WOOLWOETH: It is in no way different. It is the same number, Army Secret No. 2190. There is a very slight difference in translation in that it has nothing to do with the articles of war. It refers 18 ！ to specially established court martial in exhibit 1992, while in 1793-A it calls it military discipline council. THE PRESIDENT: To save time, Captain Brooks seems to be insisting. 癒.BROOKS: If the Court please, although in substance it is quite similar, since it bears a dif- ferent document number and there is a difference in the English text of this article, I think it should be left • 19 20 21 22 23 24 25 14,678 to the Court to decide whether this was pert of the other documents. It is very short, only two or three paragraphs, and the prosecution should be required to put it in. MK. WOOLVv'OKTH: If the Tribune：1 plense, the Japanese documents are identical, 1793-A and exhibit 1992. There v/ds s slight difference in translation. The prosecution had them checked and the translation of exhibit 1992 was approved after rechecking, and we used thct document.. They both bear the same army secret order number• MR. HOWixKD: I cs counsel for General KIMUEA do not insist on th&t being read, and I think that Mr. Brooks will agree with mc on thet. MK. BROOKS: I do not insist on that point if the Court is willing to take the prosecution's statement on it. There is a difference in it, and there is e. difference in tlio source cf the two docu- ments and I thought it should be called to the Court 1 s attention. THE PRESIDENT: Proceed, Colonel. MR. WCOLWOhTH; The prosecution desires to introduce document No. 1793-D: "A Report on the Court Martial for Allied Aircraft Crews Captured in the Cen- tral Jspar District a m y Area 14., 679 THE PRESIDENT: Admitted on the usual terns. CLERK OF THE COUliT: Prosecution's document Nc；, 1793-D will receive exhibit No. 1995. (Whereupon, the document above re- ferred to was marked prosecution‘s exhibit No. 1 9 9 5 ， o . n d was received in evidence.) 腿 . W O O L W O R T H : (Reading) "A report on the court 'martial for allied aircraft crews captured in the Central Japan District Army ムres. " I . This report is based on reports from the Central Japan Demobilize.tion Bureau. " I I . Substance: "The men who were executed after trial by court nartial were N3lson and Augnus, who were both captured after incendiary raids on Tokyo on the night of March 9th, 1945, Osaka on the night of March 14th, 194-5, and Kobe on the night of March 19th, 1945, respec- tively. " I I I . Facts of the Court Martial: " 1 . T h e Accused: "Second Lieutenant Robert Warson Nelson, U . S . れ , Sergeant iilgy Stanley Augnus, U.S .A. "2 . Date cf taking in charge: "Taken in charge frori the Central Japan Kempei Tai Headquarters the first part of May, 194-5, and 14,680 imprisoned on the samo day, "3. Place of inpriscnment； "Detention ward cf the Kusunoki 124-90. Butai (inside Osaka Military Prison.) " 4 . エ nvGstig&tion: "The investigation ended May 31st, after de- tailed investigation by the prosecutor for tv/o days on the basis of the reports from the Kenpei To.i Head- quarters. Under investigation, the &ccused frr:akl：/ stated the facts. "5. Place and Da to of Judgncnt: "Court of the Centrnl Japan District Army Head- qucrters.« Sentenced to death en July 18th, 194-5. "6. Date cf Execution: "4:00- p.m. ? July 18th, 1945. "7. Place cf Execution: "At tho ;j?my Maneuver Grounds in Yokohama- Mura, Senhcku-Gun, Osaka Prefecture. "8. Disposal of Corpses. "Buried on the ssine day (temporary burial.) Cremated at the sane place on August 24th. The formal funer'al tcok place at the Sanadayama Army Cenetery on the 25th of the same month." The prosecution desires tc introduce document Nc.1793-E. 14,681 THE PRESIDENT: Admitted on the usual terms. CLSKK OF THE COURT: Prosecution's document No, 1793-E will receive exhibit Ro.1996. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1996, and was received in evidence。） i/lli. WOOLWORTH: (Reading) "Army Secret Ho. 1437 (Army Secret Wire No。 571ヲ）15 August 1945 "Matters pertaining to Cases of Defendants Against the Articles of War。 Vice Minister "TO: The 1st, the Entire Army (2nd), the respective area Army (5th)， (17th),(10th) "Respective Chiefs of Staff (Kwantung Array) (China Expeditionary Force) (The entire Southern Army) "Hereafter defer dealing with cases of viola- tors of the Articles of War under your Army's command. By order." Certified by O Y A M . The prosecution desires to introduce document No. 1793-F. "Matters Pertaining to the Releasing of POWs THE PRESIDENT: Admitted on the usual terms. ,CLERK OF THE COUHT: Prosecution's document No. 1793-F will receive exhibit No. 1997. (Whereupon, the document above re- ferred to was marked prosecution's exhibit 14,682 No. 1997, and was received in evidence.) M,. WOOL^vORTH: (Reading) "Army, Secret No. 5776 Army, Secret Wire No. 1484 "Matters Pertaining to the Releasing of POWs "August 23，194-5 ，ice Minister "TO: The Chiefs of Staff of the Respective Military Districts "Direct tlie carrying out of probationary re- lease, suspension of execution of sentence and can- cellation of detention of convicted and unconvicted prisoners of war who are in prison. By order." Certified to by OYAMA. The prosecution desires to introduce document No. 2483, which is a "List of the Prisoners of War Punished by Military Court Martial during the Period, December 8 ， 1 9 4 1 — A u g u s t 15，1945." TIiE PRESIDENT: Admitted on the usual terms, CLERK OF THE COUKT: Prosecution's document No. 2483 will receive exhibit No. 1998. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 1998, and was received in evidence.) MR. WOOLVv'OKTHi There are eleven pages to this document， if the Tribunal please. Do you desire me to start reading it? 14,683 TKE PRESIDENT: Not this afternoon, We will adjourn until half past nine tomorrow morning, (Whereupon, at 1600， an ment 1947 was taken at 0930.) adjourn- until Thursday. 9 January
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January 8, 1947-Proceedings in Chambers; January 8, 1947 -Index (p.14,551-14,683)
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