AtoM
David Conde fonds
International Military Tribunal for the Far East
Trial transcripts
Conde, David W.
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. J 14 JANUARY 1947 I N D E X Of WITNESSES Prosecution'g witnesses McDougall,John Alexander Direct by Commander Cole Cross by Mr, Logan (Witness excused) Bogue, Douglas William. Gunnery Sergeant, U. Marine Corps, Tientsin, China Direct by Captain Robinson S, Page 15109 15109 15130 15139 15204 15204 c o o N D Pros, No. 8 3 8 9 2 0 8 7 8390 208a 8393 2089 8 3 9 4 2 0 9 0 8485 2091 Def, No. I N D E X Of EXHIBITS Description Affidavit of Charles E. Pyle Affidavit of Calvin Butler Affidavit of Charles H. Rhodes Affidavit of James D . Pearson Affidavit of James J. Robinson For In Ident. Evidence 15140 1514-1 1514-0 15145 15140 15148 15140 1 5 1 5 0 15140 8380 2094 Statement of Survivor R . J. Weeks, Master SS Daisy Moller 8 3 8 1 2 0 9 5 8 3 8 2 8383 8379 8 3 8 8 84-72 2 0 9 6 2 0 9 7 2 0 9 8 2099 2100 Extract from the official log of the SS British Chivalry sunk 22 Februaiy 1944 Statement of Survivor P. H. Rees, Chief Engineer SS M. V . Sutley Report of Attack or 29 February 1944 SS Ascot sunk Statement of Survivor S. K. Chu, 2nd Mate SS Nancy Moller sunk 18 March 1944 Statement of Survivor F. deJong, Chiof Officer SS T^isalak sunk 26 March 1944 Chart of the sinkings 15157 15159 15157 15159 15157 15163 15157 15168 15157 15169 15157 I ^ D E X Doc. No, Pros, No. Def. No, .8400 2092 8 3 9 7 2 0 9 3 Of EXHIBITS (cont'd) DescriDtion Protest transmitted by the Swiss Minister from the British Government to the Accused SHIGEMITSU, Japanese Foreign Minister, dated 5 June 1944 Note from the Swiss Legation to the Japanese Foreign Minister, the Accused SHIGEMITS.U, dated 20 July 1944 For In Ident. Evidence 15153 15156 灯 ？ R 11 Pros, Def. No. No. 2101 2102 2103 2104 2105 2106 2107 < 2108 I N D E X Of EXHIBITS (cont'd) Description For Ident, Note from the Swiss Legation to the Japanese Foreign Minister, dated I6 September 1944 Note from the Swiss Minister to the Accused SHIGEIJITSU, Japanese Minister of Foreign Affairs, dated 28 November 1944 Letter from the Swiss Minister, transmitting from the Government of the United Kingdom a com- mxmlcation to the Japanese Foreign Minister, dated 19 Hay 194? Official Report of the Killing of Survivors of the British S3 Behar, sworn to on 30 May 1946 Top Secret Japanese Naval Order for Submarine Operations in the Indian Ocean Interrogation of General Hiroshi OSHIMA Protest and Note with a Declaration of delivery by the Sv/iss Legation to the Defendant TOGO, dated 3 and 4 June 1945 Note from the Swiss Legation to the Japanese Foreign Minister, dated 7 June 1945 In Evidence 15175 15177 15178 15182 15184 15186 15200 15202 c o o N D 8395 8416 8410 8481 )48 8479 8454 8457 15,107 Tuesday,14 January 1947 INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST Court House of the Tribunal War Ministry Building Tokyo, Japan The Tribunal met, pursuant to adjournment, at 0930. 會 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. 21 22 23 24 25 (English to Japanese and Japanese to English interpretation was made by the Language Section, IMTFE.) 15,108 M s e Vv h a 1 e n 9 0 1 2 3 MARSHAL OF THE COURT: The International Military Tribunal for the Far East is now in session. THE PRESIDENT: All the accused are present except OKAWA, ARAKI, MATSUI, and TOGO who are represented by their counsel, '̂'e have a certificate from tae prison surgeon of Sugamo Prison stating that ARAKI, MATSUI, and TOGO are unable to attend the trial today on account of illness. Captain Robinson. CAPTAIN ROBINSON: Mr. President, and Members of the Tribunal, if it please the Court, Commander Cole will examine the next witness. THT. PIlESirOIT: Commander Cole. COMMANDER COLE: If it please the Tribunal, may the witness John Alexander McDougall be called to the witness stand. 21 22 23 24 25 15,109 McDOUGALL DIRECT 華 1 3 8 9 2 3 21 22 23 24 25 J O H N A L E X A N D E R M c D O U G A L L , a witness called in behalf of the prosecution, being first duly sworn, testified as follows s DIRECT EXAMINATION BY COMMAMDER COLE; Q Will you state your full name, present home address, and occupation? A John Alexander McDougall, 2400 Haste Street. Berkley, California. I am employed by a printing firm in Oakland, California. How old are you? Twanty-one. Were you a prisoner of the JaiDanese? Yes. On what date? . July 2 , 1 9 4 4 . What was your occupation on July 2,1944? I was an Able Bodied Seaman in the Merchant Q A . Q A Q A Q A Marine. Q A Q A left for Q What ship were you signed on on that date? The S.S. Jean Nicolet. From what country was this ship? She left --loaded in San Pedro, California Fremantle with 37 days to Fremantle. What was the port of destination of the 15,110 McDOlTGALL DIRECT 1 2 書 21 22 23 24 25 Jean Nicolet? A •cCslcutta, India, and stop for orders in Ceylon. Q Where was the Jean Nicolet on July 2，1944? A We were ten days out of Fremantle, Australia, headed 3ヲ7， three days south of Ceylon, Columbia. Q How many passengers and crew were on board the Jean Nicolet on that date? A There was exactly a hundred all told. Q Will you describe the circumstances under which you were made a prisoner by the Japanese? A W e l l , I was out on deck, seven デ clock in the evening. I had my cot out there. I was going inside to get a pillow, I stopped by the mess hall, looked in at a poker game. It was seven. I left the mess hall about six minutes after seven and walked around to my forecastle and was just stepping In when the first torpedo struck. The first torpedo hit between the 2 and 3 hold. The torpedo struck, I was thrown back against the bulkhead end I hung onto a rail to stand up. The ship took a lurch to port and listed back to starboard. General quarters was ringing so I turned around and ran down the companion way, threw 15,111 McDOUGALL DIRECT 2 3 21 23 25 open the blackout door to the boat deck, and crossed over to my boat station on the forward rort. I went to my boat station which was the forward boat on the port side, No. 2. My job was to tend せ he forward fall- on boat 2. We got things ready and the captain came out to the wing of the bridge. When the torpedo struck it'blew No... 3 hatch covers off and a fire started, Just then the second torpedo struck on No. 5 hold, starboard side. So the captain gave orders to abandon ship. We started lowering away. We lowered away and all the boats got‘away safely, passengers and crew. There was one broken arm getting off the ship. An army lieutenant fell in one of the boats and broke his arm. So, after the boats left, it left six of us on deck: George Kenmore Hess A.B., Lieutenant Deal, Naval Gunnery Officer, two Navy gunners, and the Captain and myself. Hess and I went below to our forecastle which was full of water. I got a pair of pants, a shirt, and my life jacket. Hess took a knife, two knives, and I also secured a knife. We went back on deck and the six of us gathered on the forward part of the boat deck. We decided to take No. 2 raft f o r w a r d .ェ went down and 15,112 McDOlTGALL DIRECT 21 22 23 24 25 checked the sea painter end let the raft go. I was the first one on the raft, the two navy gunners were second and third, and then the captain and Lieutensnt Deal decided to check the ship again to see if there was anyone left on board. After they came back Hess helped the lieutenant get on the raft, then he came down, snd the captain was the last to leave the ship. When we were all on board we cut the sea painter and drifted astern. We sighted a msn in the water and we picked him up. Then we sighted another raft v;ith one man on beard. We rowed over and lashed the two rafts together. Shortly after this a motor launch c£me up, No. 4 boat5 with the chiof mfte in charge. The captain went on board end took command. He thought he had seen a light on the ship and he wcnted to go back and check again to see if anyone was on board. The mate told us to stay around until morning when we could all get together. He gove us the course by the stcrs to the closest land just in case. The motor launch started to return to the ship. When she W2s about half way there the sub surfaced on the stsrboard side and was pointing their deck gun at tト3 ship. They cut the motor in the life boat for feer the. sub would pick them up and 15,113 McDOUGALL DIRECT 拳 21 22 23 24 25 they rowed back to where we were. They pulled along- side our raft end we held onto each other and. were tar.king, 8nd shortly after that the sub came up on the pert side snd started cruising over towards us. As soon as we spotted the submarine, the chief mate told the fellows to throw away their white hats and skivvy shirts and lay down in the life boat and reft. W e l l , w e let go, we laycd down in the raft and the boat drifted away. And the sub came right up and spotted the boet lights on then and they hollered, "What ship; what ship?" The chief uste stood up in the life boat and hollered, back, "SS Jean Nlcolet エ don't think they could hear the chief mate because they got kind of mad thoric Tliey told them to pull alongside or else they would shoot them and they said, "No monkey business.“ Whenth呀pulled alongside of our life raft we got off the raft end got on the opposite side of the raft and got in the water. Well, when the boat pulled alongside, one man jumped out of the boat and the chief mate told him to get back in. He was a messman, r U l i a m Musser, seventeen years old. The men in the boat said the Japanese told him to come on board first and they lashed his hands -- didn't take his life jacket off -- they lashed his hands behind 15,114 McDOUGALL DIRECT 等 2 3 o 1 2 3 4 5 乏 2 2 2 2 2 his back, t-iok him to the opposite side of the sub- marine, and shot him in the back of the head three times, THE PRESIDENT: Witness, will you speak slowly, please, '"a ere having some difficulty in hesrlnp you, or r=5t;'icr In understanding y o v . 飞 c s n hear you a]1 right "'jut we don't quite understsnd whst you Ere spy- ing. A (Continuing) We c o u M n ' t see what YvTs happening but, gs I snid, v;e •；.ere behind the life raft5 but the next thing we ht ard v/c；.5 machine gun fire. I looked sroimd the end of the rr,ft and the sub went , astern, swung around, snd came around toward us. So as soon as they put a light on us we got back on board the raft and when they pulled alongside they threw a line to us. Hess was the first rar.n on boc.rd end エ was second. They would only let us come on board one et a time. That was midship by the conning tower on the port side. They took me on board； they pulled me underneath this rail there. I stood up and put my hands up and they told me to t?.ke off my life j a c k e t .エ hed tied my jacket in slip knots. I pulled the bottom undone and the top one had slipped into a knot end I couldn't sec how to get it unci one. One of the Japanese took a knife f.nd swung and cut it right off me, cut this line in two. 15,115 McDOUGALL DIRECT A (Continuing) I threw my Jacket ('.own on deck and I had my hands up and one of the Japanese spotted my watch. He pulled my hand dovm, tore my watch off my hand； then he saw my ring on my left hand. He pulled that down and tried to take the ring off but it was pretty tight. It wouldn't come off. He took his knife out and I guess he was going to cut my finger off. I told him to v/ait a second; I took it off and gave him rajr ring. Then they searched my pockets and they took 1117 knife and they took my hands and lashed them behind me. Then they led rae from the port side in front of the conning tower over the starboard side and up the starboard, side of the gun and. made me sit down on the deck with my-- Q Were all the survivors of the Jean M c o l e t taken on board the submarine? A It was all but three. Q What happened to those throe? A They were trying to swim away in the shadows. The Japanese spotted them and machine gunned, thorn, but they didn't hit any of them. Later they made one of the rafts that wasn't sunk. After they led us forward they made us sit r-lth our legs crossed and our chins on our chest. They told, us to sit still and to keep our chins on our chest. They said if we wolf & Y e1d n 20 22 25 # 15,116 McDOUGALL DIRECT 書 1 3 4 8 9 2 3 6 21 22 23 24 25 moved it "would be too bad. Hess was sitting on one side of me and just forward of me ws.s the captain and chief mate, After they had. taken us all on board they machine gunned our raft and sunk it. Then they got under way and started picking up the rest of the survivors, After they rould take all the men out of the boat they would machine gun the boat or raft and sink it. Q Will you dGscrlbG the submarine v^hich torpodoed the S.S. Joan NicclGt? ‘ A It was easily 2^0 fc-ot long, with double barreled deck guns, five inch, had two *or three 20 millimeters on the ccnning tower. THE PRESIDEI.TTs Is there some good reason for dcscr士"bing it in detail? It had a Japanese crow. COIMAWDER COIE; If it plcasG the Tribunal, there was one point I wished to bring out about the submarine. A (Continued) It had a long raft on the fan- tail and did an easy twenty knots on the surface. ( 0 What was the nationality of this submarine? A It was Japanese. We wore them cruising around the surface. Thoy took us back to the ship on the starboard side about, oii, half a milo or so away. 2 3 9 0 1 2 3 1 2 3 4 5 2 2 2 2 2 15,117 McDOUGALL DIRECT The Japanese officer then came out on dock. Ho had a sword. He was swinging it over our heads and the gun crew showed up and they broke the gun out and he was giving orders to load and fire, I guess. I couldn't understand him. He then made us watch our ship. Thev told us to look at it and thoy fired three rounds of ammunition into it, Q Did any of the Japanese seamen say anything to you at this time? A W e l l , I was whispering to my friend Hess, One camo up behind mo and started beating mo over the head v'ith a pipe, and he beat the rest of the fcllo\7s closG by me because I v/as talking. Ho told mo to shut up and he sat down on some "bitts by us. He told us WG were fools for letting President Roosevc-lt lead us into- '.vnr. None of us answered him and then he said that v/g shouldn't; have come to the Indian Ocean becausc thoy sank every ship coming through there. He also told us that we had a nice battle and then a little while later the captain was talking to the chief mate. He said he thought he would give himself up. They had been asking for him and the radio operators； and, hearsay, they also said -- some of the fellows said — thoy heard him asking for a man who had been a Japanese 15,118 McDOUGALL DIRECT 書 2 3 prisoner before. He was a passenger on our ship. This man's name was Alvin T. Parker； and the captain said he thought ho would give himself up and see if he could get a settlement foi'' the crew... So the chief mate turned around to one of the Japanese --‘ guards and told him that. He says, "This is the “ •‘ captain and ェ am tho chief officer," I guess the msm didn't understcind him because he vrent r.nd got an- other seaman, and came back •with him and the. mate told him the same thing. So they jerked the chief mato to his feet and they tried to lift the .captain up but he stum'b.lol and fell d o w n .エ i;hink they kickcd him or something. They pulled him back 七 his feet. Tho man who was speaking said, "Oh, you are the Finnish skipper of that ship.." They took them, took the captain and" the mate. The second mate and the third mate stood up r.nd the radio operator They "also took them d077n to tho conning to-wer. Wc never -sm "them ti-galn. Well, thcn^ .durint^ that time ‘that WG -had capturcd-thc-jr checked'., our bounds two or throG times. They found a few of the men had been able to get theirs a little loose. .Somo of thorn had been able to get free altogether. Wellぐ••七he.', men they caught had boon loose and free they beat protty 〜veil with pipes and lashed them back up tighter, 15,119 McDOUGALL DIRECT 1 2 3 21 22 23 24 25 Then •they started taking the men. They started up the "bow taking them by rows, one at a time. They marched them down the port side of the sub back to the conning toY/cr there, A ship's carpenter told me later he had a peak back there and saw them take one man named. Kine. HG was an l8-year old ordinary seaman. Two of tho seamen held him up while another one ran ..him, through oncc or twicc with a bayonet. Then they pushed him over the side. Hot; long wore you a prisoner on tho dock of the submarino? A Approximatoly four hours. Q Wh^.t happened at the end of that time? A We wore just cruising along and all of a sudden a horn blew — エ think it was a horn -- and the Japs started running back out towards the conning tower. All of us knew what that meant so we jumped up. My friend Hess, ho had been able to -- ho had boon scratching his bounds with his fingernail for four hours, He told mo he had them pretty well worn. He said ho could "break thorn. So he tried. So he broke his bounds and started untying mc and one of the navy gunners there -- he had two pair of pants on. KG had a knife in his inside pair in his pocket which they didn't find; so Hess tore his pants off and 1 5 , 1 2 0 •DOUGALL DIRECT 21 22 23 24 25 got this knife o.nd cut him loose and cut myself -- T;C11, ho cut myself and two or throe other fcllov/s and then he was kneeling down, I think untying one fellow, and he gave mc tho knife and I cut two or throe fG11OV7S . By thnt time tho bow V/as pretty well under Welter. W e l l , b y that time the bow was under water and V7G got knocked down. The follows who wcro still tied， they lost their balance and they just got washed off the side. So wg stood up and wc ；jumped as far as wo could away from tho sub to got d e a r of the pro- pellers. When エ cnmc to the surface エ callcd for Hess; he called back. A conning tower was just going by, Just going down so wc could see the ship burning on the horizon. So vie started, got together and took our shirts and pants off, threw them away C.nd V;c started swimming and WG -- At that time wo didn't SCO anyone else though wc hoard some fellows hallcring5 so wc told thorn to swim toward the ship; WG would moot thc-PG. Hess and I, wo swam all that night. Early the next morning "JCTC fairly close 'to the ship there and '7o subsurfaccd r.gain； -nd during tho night -- well, thoy made tho sub submerge. There was a PBY flow over about fifteen minutes after WG got off thG sub. Wc swam all that night. Early the next morning the sub cnmc to the surface, looked 15,121 McDOUGALL DIRECT m % 2 3 6 1 2 3 4 5 2 2 2 2 2 around v?ith their searchlights, fired a few pistol shots. Wo couldn't see what they were firing at. WG oust lay still in the water. After firing the shots, ciltogGthcr she stayed on the surfacc about fifteen minutes, a half an hour, she cruiscd off and submerged again. Well, after she wont av7ay v;c started swimming again and wc made the ship, climbcd up the nets, Tho ship had bcon burning all night. Every- thing - - t h e guns ヮ e r e melted. It was pretty badly damr.gcd. When HO got up the boat dock Hess spotted a life ring up on the wing of the bridge so ho jumpcc'. off the- nets, took throe or four steps across the dc-ck of tho ship, and burned the bottom of his feet off. He managed to get the ring and he throw it "back to mc. EG was so tired he couldn't jump or anything； he had to go hack dovm the not so ho rr.n back cicross the dcck. WG got back in the 〜7ritcr cind wc were hanging on to that v/hcn cm hour or so later Lloyd B. Ruth, the wiper, eighteen years old, he camc swiiraning u p , . 15,122 McDOUGALL DIRECT b P r- a 21 22 23 24 25 He toM us he was going to swim back out -- nothiag on the fantail that burned, so it would be pretty cool back there, and the stern was under water. I tried to go with him, but I couldn't make it. He made it back there to tho fantail, and he went on board,and he got a small navy raft, and he found a canteen of water. After he got the rsft he got back in the water, and so we got together and we got on the raft with him. A short time after that the ship sunk, and there was one big raft left on the ship that had been jammed in the hangar when the torpedo hit; so, when the ship sunk, it floated to the surface, and we got that. Then the PBY came back. She circled around us; dropped three life jackets. Ruth and エ - - w e sv/am out and got two of them. The one エ got, it had a flare kit. And there was a note end a thermos bottle of water and some bread. The note toM us to dro? our sea anchor, hold our position, "Good luck. Eoyal Canadian Air Force.“ Q After you got on this life raft, did you pick uj) any more survivors of the Jean Nicolet? A Yes. A short time later Bill Flury and Harold Lee came swimming up. Q Were any of these survivors among those who had been led aft the cunning tower on the submarine? 15,123 McDOUGALL DIIIECT 2 3 21 22 23 24 25 A Yes. l/Vhen Harold Lee came sv/imming up, the back of his head was full of Blood. When I asked him what was wrong he said when he wcis taken back aft there were three or four Japanese lined up against the taffrail r;nd three or four against the cunning tower, and the man that was behind him, the guard, would hit him over the head, give him a push through the line, and the rest of the Japanese there, they were holding pipes and bayonets down at their side, and they raised those to strike him, but he swung around and dove between tviro of them over the side of the sub into the water. Q、 How long did you remain on the raft? A We remained all that day, all that night, until the next afternoon. The H , M . S. Hoxa c&me out and picked us up. Q After you were taken on board the Hoxa did you meet any more survivors of the Jean Wicolet? A Altogether there were tv/enty-four of us that survived, but エ met two of the men on there. There was the First Assistant Engineer； he had his head split open right across the top. Q Was he one of those men who had been led aft the cunning tower on the submarine? A Yes, he ran 一- he ran all the way through the 15,124 McDOUGALL DIRECT 21 22 23 24 25 gauntlet, and they threw him into the sea. Q What vi&s his name? A Kis first name エ can't remember. Pyle was his last name. He was First Assistant Engineer. Q What was his physical condition at the time you talked to M m ? A He had his head split open from ear to ear, and he stayed in the hospitel for a week on the Maldlve Islands, and then w&s taking treatment when we hit Ceylon for about a month before he went home. He W£s also hospitalized back In the United States, Q While you were on board the Hoxa did you talk to any other survivors that had been led aft the cunning tower on the submarine? A Yes，there was another man. He was Saaben 1/c Butler of the gun crew. Q What did he teフ‘1 ycu about his experience? A Well, he was led back the same as the rest of them, and someone had swung -- it was either a pipe or bayonet or some other sharp instrument。 He ducked, and it hit him above the eye, just above his left eye. I don't know how ho got off the submarine, but he was hospitalized on Mnldive Islands for about a week, and he had a pat^h on his eye for a long time. 15,125 McDOUGALL DIRECT 8 9 0 21 22 23 24 25 Q Of the one hundred passengers in the crew of the S . S . Jean Nicolet, how many were led aft the cunning tower on the submarine? A I would say approximately sixty. Q How many of these men survived? A Three, Q What were theIr names? A There was Pyle, Butlor, and Lee. Q Approximately how mf;ny men from the Nicolet were on the deck of the submarine when it submerged? A Approximately thirty-five. Q How msny of these survived? A Twenty-one. Q Where did the Hoxa take you to? A The Hoxa picked us up and tc ok us into Addu Atoll in the Maldive Islands. Q What happened there? A Well,エ was about the only one that.wasn't put in the hospital; and a day or so later the island next to us was occupied by the Hoyal Canadian Air Force. A day or tw:, after we arrived all the pilots and crew for these three or four planes that held stationed there came over and got all of us together, and they questioned us on armanent of the submarine, speed, how long it took it to get under 2 3 15,126 M C D O U G A L L D I R E C T water from the time she started her dive, and her weak points ̂ iti ere to attack her from If they spotted her. Well, the carpenter and myself, we were -- he was out of the hospital by then; so they asked us if I we would like to come over and spend the day on their island, THE PRESIDENT: We vd 11 recess for fifteen minutes. (Whereupon, at 1045, a recess was taken until 1100, after which the proceed- ings were resumed as follows:) 1 2 3 4 5 2 - 2 2 2 2 15,127 icLOUGALL LIRECT E d e & u d 2 3 4 5 6 7 8 9 19 20 21 22 23 24 25 MARSHAL OF THE COURT: The Tribunal is now resumed. THE PRESILENT: Commander Cole. BY COJ£IANDER COLE (Continued)； Q What did the Canadian Air Force pilots tell you that they had seen at the time of the -- or after the torpedoing of the Jean Nicolf.じ？ A Well, they told us that they had seen a fs，j? fellows in the water who were dead, and they also spotted a man that was floating on his back with his hands crossed across his chest, anc they made a big circle — they said they made a circle to get in Icyver to orop the nan a life preserver, and when they got back the man‘-- either part of his head or his heaa was gone. Then they, spotted another man swimming in the water, 'Vhen they got back to the second man part of his leg was gone, Q Lid they see any sharks at that time? A Well, there was sharks around all of us, within a few feet. But we just keep moving； they didn' bother us. Q When did you leave Addu Atoll? A We left Acdu Atoll about a week after our arrival- on the H.M.S. Sunavadi for Ceylon; Colombo, Ceylon, 'irhen we arrived there, there was a coastguard 15,128 McLOUGALL DIRECT 21 22 23 24 25 comnancer, a naval comnander of Intelligence, and a British comnander. .... Q Before you arrived at Colombo, what happened on board the Sunavadi? A Well, wliile the planes were looking for us they had spotted some survivors in other boats ana they had also tolo then ,to hold their position. So エ think the Sunavaoi had gone out ana picked then up. And on board -- there vns a British ship there thp.t had been torpedoed -- were an Indian crew, British officers. They were headed towards Frenantlo, Australia. Q While on board the Sunavadi, did you talk to any of the survivors of this British ship? A Yes, I talked to the chief mats. He told me they had three 'vomen on board. One woman had t?;o children with her. One child she was carrying, and the other one was just walking. The ip.ate told me when they were torpedoed he was in -- in the lifeboat he was in there was a chief petty officer* of the United States Navy, which I slept next to in Ceylon. Also one of the women was in their boat, and the other two women were In another boat, Anci after the torpedoing the sub cane to the surface, pulled alongside the second lifeboat, and took the two wonen out, the two 15,129 Mcl/OUGALL LIRECT 翁 10 20 21 22 23 24 25 two eMldren and the Indian boatswain. They took the babies and threw thera over the side into the w a t e r . . They took the two ^wonen below in the submarine. They questioned the boatswain, they beat hi:i, threv； him into the water, and he swairi back to his lifeboat and the sub submerged. Q After you reached Colombo, Ceylon, did you talk to any other survivors of this British ship? A Yes, in the billet I stayed in tha chief petty officer slept in the bunk next to r.ie and vjg stayed there for about a.month until he shoved off. Q What did this chief petty officer tell you about the torpedoing of the British ship? A He told me exactly what the chiof mate had told me. Q While you were at Colombo, Ceylon, wero you interrogated as to the submarine which torpedoed the SS Jean Nicolet? A Yes. There was a Lieutenant Commander Ritchie, of the coastguard, ano another lieutenant commander of Navy Intelligence ； I can't remornber his narae. Thoy kept all of us survivors and questioned us for two Clays, ano the description that we gave of the submarine, they said it was undoubtedly a G e r m n - built submarine, and they also said that some of the 15,130 McIOUGALL LIRECT 參 1 2 3 9 0 1 2 3 8 19 20 21 22 23 submarines operating in that area were Gorr.ian captain, or German officers and captain and Japanese crew. COiQi/vKDSR 'COLE: That concludes the examination in chief of this witness.“ MR. LOGAN: If the Tribunal please. THE PRESIDENT: Mr. Logan. CROSS-EXAMI耐ION BY MR. LOGAN; _ Q How long had you been going to sea before you got on the Jean M c o l e t ? A エliaci bean in the merchant marine approximately thirteen months. Q And you know that this Jean Nicolet was a vessel owned and operated by the Unit3d States of Anorlca through the War Shipping Administration? A Yes. Q Ana you were employed by the United States Government as an able-bodied seainan? A I was employed by the Oliver J. Olsen Steam- ship Company. Q You signed shipping articles, didn't you? A Yes. 25 15,131 McDOUGALL CROSS 20 21 22 23 24 25 just about 0 You reed the shipping articles before you signed them? . 、 A All the shipping articles the same, , 0 No. A No. Q Isn' I asked you if you read them. .+•+ a fact that those shipping articles you signed stated you were employed by the United States of America under the War Shipping Administra- tion and that the Olsen Steamship Company was merely an operating agent? . T H E PRESIDENT: He said he didn't read them, Mr. Logan. Wbat is the point anyhow? 腿 . L O G A N : Trying to find out if this boat was operated privately or by the United States government. THE PRESIDENT: How does it help? , MR. LOGAN: I think I'll bring that out in a U t i l e while, your Honor. THE PRESIDENT: The things he deposes to, if truo -- and that is a matter to be determined -- could not be justified by the difference between the Unitfed States government and the United States ship owners. MR. LOGAN: Is the question disallowed, 15,132 I^cDOUGALL CROSS 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 your Honor? THE I do ,/ant to question is. m. PRESIDENT: No objection is taken, but know what the significance of the le want to be guided by you. LOGAN: W e l l , w e will pass it, your Honor, 0 A 0 A 0 A D This Yes. Jean Nicolet was armed merchantman? How many of a gun crew did you have on board? Twenty-eight, including the gunnery officer. Hov; many boat crew? I didn't get that question. Hov; many in the boat crew, the crew of the ship' five. A You mean -- that is -- around forty, forty- C Were any of the passengers members of the armed forces? A I think there T'as four captains, one lieu- tenant and around eight or nine, maybe a dozen, army men. - 0 Was the Jean Nicolet sailing in convoy? A No. 0 How many of the men on board were killed when these two torpedoes exploded in the vessel? 15,133 McDOUGALL CROSS 書 2 3 8 9 2 3 A There was no one killed in the torpedoing. There was one broken arm getting off the ship. Q Now, you testified one man being shot in the head three times when he went aboard the sub-, marine. Did you actually see that? A No. I stated I ？/as behind the raft. 0 You just heard the shots。 Is that it? A Yes. P As a matter of fact, you don't know, of your own knowledge, whether he was shot or where he was shot? A No, I didn't actually see him myself, 0 So that when you ss.y he was shot in the head three times you aro just guessing, aren't you? A All the men in that lifeboat ^aw him shot, and there was quite a few survivors out of that boat. Q Didn't you testify that wben you heard those shots that you and the rest of the members of that life boat were hanging on the opposite side in the 21 22 23 24 25 A I was on a lifeboat. Tht? m'an who was shot -- I was on a life raft. The man who was shot was out of the first boat. 0 •'Tien you went aboard the submarine did the Japanese tie your hands and the hands of everybody ililiBiitBiiiMMifr'' 1111 15,134 McDOUGALL CROSS 2 3 4 21 22 23 24 25 who went A Yes 0 Japanese A behind their backs? How large was this pipe with ._..which this struck you? About two feet -- two and one-half feet long. with wasn 0 A Q it, A How thick was it? I didn't see it that close. I just felt it, You testified he struck you over the head !'?ere you knocked unconscious? I Fas knocked over forward on my face. I knocked unconscious. 0 You testified just now that you didn't see it, vou didn't know how thick it was, so how do you know It was a pipe or how do you know how long it v.'as? I sew it when he sat down to talk to us, front of us. Hov.' thick was it at thet time? He was holding' It across his lap. Did you see“it or didn't you see it? Yes, I saw it. Hov/ thick was it? I can't say. You know actually how many of the survivors A sat in P A o A p A 0 15,135 McDOUGALL CROSS 2 3 4 8 9 3 4 21 22 23 24 25 of the Je&n Nicolet got on the submarine? A I think there was all but three. 0 And you say sixty of them were led aft? A To the best of ray knowledge I think that is what there were。 Around sixty. Q Did you actually see what happened to any of these sixty when they were led aft? A No. 0 'Vhat time did }/ou get off tbe submarine? A As close as v.'e could figure it ws.s around midnight. When did you reach the Jean Mlcolet? A Oh, I would say It v;as around seven or eight the next morning。 0 This seaman, this one seaman concerning whom you testified, you say he dove off the submarine and he told you sbout it later? Fe was one of those who v;ent aft? Was that itC A Yes. That was Farold Lee. Were his bands tied 叶丄en he dove off? Yes. Didn't he get them loose later? Either he got them loosp or someone found him and helped him get them loose. 0 Now, the cause of the submarine -sinking, A Q A 8 9 15,13^ McDOUGALL CROSS submerging, rather, while you were still on the deck, was because this airplane was coming over, that right? A Yes. Is I J l y n 3 21 22 23 24 25 15,137 McDOUGALL CROSS 12 3 456789 GOLDBERG - a K A p L L A u 21 22 23 24 25 Q In other words, it was a case of necessity of the submarine sumberging at that particular time? A Yes. Q Then, all this testimony you have been giving us about this other British ship is all hearsay testi- mony ,isn't that so? A Yes.. Q And your report of the number of survivors of the Jean Nicollet — Isn't it quite possible that there were other survivors picked up by other ships and you don't know the number of those? A エ don't think that would be possible。 ！The airplane searched the area pretty thoroughly. Q Did you ever nake any effort or did you ever see any final report on the number of survivors of that ship? A There was only twenty-four I know of. Q Did you ever see any final report? No. Q Now, would you mind repeating for me what you said about this? You went into one of these Islands and they, were talking about this ship being a German-built submarine? Ii That was at Goloiiibo, Ceylon。 It was navy intelligence told us that. 15,138 McDOUGALL C R O S S 2 3 1 2 3 21 22 23 24 25 Q Is that the U. S. Wavy? A Yes. Q iind they told you that in their opinion it was a German-built suトmarine and probably had a German captain aboard, is that right? k No, they told us it was a German-built sub- marine and that some of the submarines in that area were operating with German officers and German captains, Q And Japanese crew^i L Yes. Q So you don't kncm of your own knowledge whether this was a submarine owned and operated by the Japanese Navy or whether it was a submarine / owned and operated by the German Navy, isn't that true? A We only saw one office r and he was Japan- ese。 /-II the rest of the men were Japanese. Q You don't know if there were any Germans below or not, do you? k No. Q So it is quite possible that this was a German submarine and not a Japanese submarine, isn't that so? k No, she didnit have一一 THE PRESIDENTi We will have to form our 15,139 McDOUGALL CROSS 22 23 24 2：) own conclusions from what he has told us。 Ml. LOGANs Did he answer the question? THE WITNESS: Pardon me? Q Isn't there a question unanswerod there? A エ don*t remember. I didn't hear it, at least. (Whereupon, the last question and statement by the Pres.""dent were read,) THE P•ェ腳 T : / 腺 e r it, please。 THE WITNESS: There were no markings either way. I didn't see any Gsrr.ans； they were all Jap- anese. BY MR. LOGAN (Continued): Q Do you know hew rneny men were in the crew of the submarine? /. No. i/ih. LOGAN: Thank you. That Is all, your Honor。 Wo further cross-eaamination, COMiu^NDEH COLE: We ask that the witness be excused from further attendance on the usual terms。 THE PhLSIDM:: we direct accordingly. C .hoi...r一. the witness was excused.) THE P n E S I D L m Cr.ptain itoMnson。 15,140 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2!) C/iPO：人；EN KOBI^NSOiV: If it please the Tribu- nal, prosecution docurx-nts No. 8 3 8 9 and No. 8 3 9 0 , statements by other survivors of the attack follow- ing the sinking of the S。 S。 Jean Nicollet, prose- cution documents No. 8 3 9 3 p.nd N o 。 8 3 9 4 , statements by survivors of the S. S, John A. Johnson, and prosecution document Ko. 8485, a formal certifi- cate, are offered in evidenoe. THE PHEEIDLI^T: ^.dLdttcG on the usual terns. CLEhK OF THE COUKT: Prosecution document No. 8 3 8 9 will be given exhibit No. 2087, document No. 8390 will be given exhibit Wo. 2088, document No. 8393 v;ill be given exhibit No. 2 0 8 9 , document No. 8394 will be given exhibit No, 2〇90， and docuraent 8485 will be given exhibit 2〇91. (Whereupon, the documents referred to were marked prosecution's exhibits No. 208?, 2088， 2 0 8 9 , 2090, and 2091, respectively, and received in evidence。） CAPTAIN ivOBINSON; From docunent 8 3 8 9 , exhibit 2 0 8 7 , brief excerpts are read, from pages 2 and 4, beginning on page 2, the first main para- graph. This is the affidavit of Chsrles L, Pyle, 15,141 11 12 13 14 15 16 17 13 19 20 21 22 23 24 23 First Assistant Engineer of the Jean Nicollet. (heading) "Shortly after he boarded our boat, the submarine ns.de its appearance in the near vicinity, and the first questions that were directed to us from the submarine were in good English, al- though エ unable to determine who was uttering then. The first questions were concerning the nace of the vessel and the whereabouts of the Capt&in or ship's officers, to which we ansv/ered the Jean Nicolet, but advised the Japanese that the ship's officers were still aboard the vessel. Orders were given to us to come aboard the submarine. They threw us a line and we nisneuvered up to the side when they ordered us to conie aboard. We started going aboard and a Japanese crewman of the submarine helped us over the railing alongside tise conning tower. After all the survivors haci gained the deck of the subKiarine, the Japanese proceeded to fire upon the life boat with machine guns in ？ n attempt; to sink the same, which was apparently accomplished, as エ never saw It again。 The Japanese Immediately stripped us of all our possessions, with the excep- tion of clothes, Each one of the twenth-five neru- bers of our boat, inducing Capte.in Nllsson of the 15,142 2 3 21 22 23 24 25 •Nicolet, were bound with our hands tied behind our backs. We were then led back. During ray entire stay aboard the submarine, I did not see any men that エ assumed to be Japanese naval officers, but, instead, saw only Japanese crew nenbers who were dressed in khaki shorts v;ith a red patch upon their left sleeve, apparently designating their sffilla- tion with the Japanese Imperial Navy, and later, when I was questioned at Colonbo,エ heard other members of ny crew state that they saw a Japanese officer with a sanurai sword aboard zhe subr.erine ； but they did not know his rank。 "The first man to be bound w?s Willian. Mauser, utility mess nan (phorwcic) , who was led forward and, for no apparent reason at all, was shot and shoved over the side and エ watched his body float by me into the sea," The next excerpt is from page beginning at the top of the page, second line: (Heading) "Somewhere around LJ.dnight,エ was picked up and lea aft, at which time I noticed the deck guns being secured and that thirty or thirty-five survivors of our vessel were still sit- ting on the submarine d e c k .ェ l e s r n e d then that the 15,143 2 3 21 22 23 Japanese crew were employing a tactic sor.ewhat siiii- lar to the old Indian practice of running the gaunt- let wherein they force survivors to pass between two lines of men ariiied with clubs, bars and other blunt objects and, when reaching the end, being either shoved or knockec into the sea to drown. Apparently this process had been going on for sone- time before 1 was celled to take i.iy turn anci エ esti- mate 'that approxiriately eight i:.en on the inboard, line and four or five on the butboar:".. When エ Eonentarily stopped to survey the situation,エ was struck a terrific blow at the base of my hee.d which caused me to feel a sensation sir.llar to a bouncing ball.Froir; there on, I V7ss shoved down through the two lines of Japanese who rained blows upon r̂ y body and head with various objects which I was too stunned and dazed to identify, although I was later advisee； by ny doctor that I had been cut with a bayonet or sworci in the process. "When エ reached the enニ of the gauntlet, I fell into what appeared to me to be a white foany sea.“ 25 15,144 導 2 3 1 2 3 4 5 2 2 2 2 2 CAPTAIN ROBINSON: From prosecution's document 8390, exhibit 2088, trief excerpts are read from pages 1 , 3 , and 4. THE PRI:SIDENT: Captain Eobirson, we notice that you are omittinr to quote very material passages. We take it， cf course, that all those marked parts are in evidence. They are the excerpts. You are rot obliged to read all that appears in an excerpt nor is it desirable ir. mary cases to do so, but you are orritting- to read matters that were cross-examined about. Lord Patrick has pointed out to me you have rot read that part where this witness or this de-Dorent explains how he kept afloat although his hands were tied. I refer to Pyle's statement pare 4. You stepped at the "words "foamy in the second line of the second paragraph. The Y;hole of page 4 is Ir evidence; and it is desirable that you should read on and explain hov; this man, according to his testimony, kept afloat although his hands were tied. CAPTAIN ROBINSON: Yes, your Honor. The only difficulty is the translation section and if thev can pick it up. Before cross-examination, of course, 'ae made our arrai^gemerts with the trans- lation section about what part would be translated 15,145 書 2 3 21 22 23 24 25 concurrently. Will the translation section translate concurrertly the second section, page 4? THE MCriTOR: Yes, we can, sir. THE PRESIDENT: You need not worry. He says that he kept afloat by treading the water. Yes, proceed Ts/ith the document you were reading when I irterposed. C k ^ T A I F . RC.BII、:SCNS From document No. 8390, exhibit 2088, brief 3-マcerpts from pages 1 , 3 , and 4. At page 1 - - t h i s is the affidavit of Robert Calvin Butler -- beeinning at the third sentence or fourth: (Reading)s "On 24 April 1944 I reported to Lieutenant (jg) G. V. DEAL, U.S.N.R., Armed Guard Cocimander aboard the S. S. JEAF MIC0LET, for duty as a member of the U. S. Navy Armed Guard crew of that vessel, which was at that time berthed at Oakland, California. On 20 April 1944 the JEAN NICOLET left Oakland and went to San Pedro, California, and after loading at Wilmington, California, departed on 12 May 1944, being routed independently to Colombo, Ceylon, via Fremantle, Australia. We arrived at ？ r e m a n t l e on 19 Jime 1944 and left there the next day or the day after. For about ten days nothing happened. 1 2 3 4 2 2 2 2 2 Ther on 1 July l^AA an empty lifeboat was sighted drifting by." Turning to page 3, slightly above the middle of the page, about 15 lines from the セ o p : (Reading): "As each boat or raft came alongside the Japs would ask for the Captain, but rione of us would tell who the Captain wa-s. Later on the First Mate revealed his Identity and pointed out the Captain to the Japs. They took the two of them aft and we did rjot see either of them again. They could have taken thein inside the sub but I do not think so. They also asked for all officers and merchant marine radioman. Some of the Army officers went a l s o .エ cSo not kno'jv what happened to them,' they just left. I do not think there vvere any prisoners taken aboard the sub as I can't see what they v/ould do %vith their5 but m one was sitting where he could see the entrance to the corriing tower or what v;ent on the after deck. I did not' see anycne killed, nor did I see anyone shot in the back or while In the water. V'e were faced forward and when they were strafing they did it aft with machine guns, and we thought they might be still firing at the boats. Seme of the Japs spoke fairljr good English and several wore sabers, and we judged them to be officers. One iviiiwif I î ia 15,146 i a 15,14-7 書 2 3 2 3 6 7 8 19 20 21 22 23 24 25 man kept telling us that 'it was a fire battle.' One of us asked a Jap vdiat they were going" to do with uf, to ^'hich he replied that they would hit us in the head ant?, throw us over the side, but he gave no reason for doing so." ‘ On the next page, beginning at the top of the page: "After we were all sitting on the deck of the sub they started, picking out men and taking them aft. I did not know what they were doing to them as I Y;as sitting pretty far forward and could not hear anything that went on on the stern and was afraid to look back. Soon they came and got me and •tf̂ ok ire back aft where eight or ten Japs were lined up against the conning tower holding sabers, clubs, and lengths of lead pipe. One Jap stopped me and tried to kick me in the stomach. Another hit me over the head with an iron pipe. Another cut me over the eye with a saber. I managed to break away after I had gotten past the second one, and jumped overboard, and although I did not lose consciousness the sub was gone when I came up, but was still in sight. I did net see any ether men run the gauntlet, but three that I knovj of went through it. I later found out that the sub submerged with about forty men on deck, 15,148 書 m 9 0 21 22 23 24 25 some of whom were saved. I started to drift towards the ship and they then opened fire on her again. I was afraid they might machine gun me if they saiv me, so I began to swim away from the ship." The next document -- THE PRESIDENT: Before you proceed to that, Mr. Justice Northcroft points out to me that on page 3 of the exhibit 2087, that is P;^le's state- ment, there is a reference to the Japanese co聊ander. You will see that reference ID the second line of the second paragraph on page 3. CAPTAIN RGBINSON: Would the Tribunal wish me to read that paragraph, sir? THE PRESIDENT: Yes. It is part of an excerpt. CAPTAエトI ROBINSON; Document 8393, exhibit •No. 2^89, brief ̂ excerpts from pages 1 and 2, the affidavit of Charles Rhodes, first on page 1, second paragraph: (Reading): "I sailed aboard the S. S. JOHN A。JOIiNSON from San Francisco, California, on Wednesday5 2厂 October 1944, serving aboard that ship as the Second Assistant Engineer. - "On the night of Sunday, 29 October 1944, the S. S. JOHN A 。 顺 卿 贝 was torpedoed … 15,14-9 m 2 3 19 20 21 22 23 24 25 I pass on to page 2 -- no -- the bottom of that same page, four lines from the bottom. "However, at a point when the subriarine cortinued approximately amidship with respect to our boat and the group that were in the water, piachine-gun fire was opened on us from a group of mer who were standing along the starboard rail on the main deck of the submarine. The distance from the noint-where the fire was opened to those of us who -vvere in the water is estimated by me to be approximately thirty f e e t ,エ was hit by a bullet ir my left shoulder, the concussion of which caused severe pain to the entire left area of rr.y body and has resulted in my hospitalization for treatment of the 卵 u n d . " Dropping down about ten lines,in the next paragraph on page 2i "I lay in the bottom of the boat In a position as if エ had been killed and was dead, and again the bow of the submarine brushed the boat and when it had reached a point apr>roximately amidship of the submarine with respect to our boat, a brilliant white light was placed on our boat. It is my "belief that this light was used to take a picture. No guns were fired from the submarine at this time, although 15,150 21 22 23 24 25 immediately after the light was removed, the sub-- marine Was turned hard port, obviously in an attempt to involve our boat and as many men as possible in the screws. "A large nurr.ber of the members of the crew of the submarine were standing on the deck r..nd gathered around in the cor ring tower and ivere veiling and laughing at our predicament. I person- ally saw five of the men from the JOHNSON who were wounded as a result of the gunfire from the submarine, I saw some of those men in the water and when taken aboard the U. S. S. ARGUS, which ship rescued all of.the survivors. The submarine later disappeared since approximately at that time, planes appeared overhead." The next document, 8394， exhibit No. 2090， エ read brief excerpts from pages 1 and 2 of the document. At the bottom of page 1,five lines from the bottom -- this is the affidavit of James Dixon Pearson: (Reading): "At this time, the submarine opened fire with one machine-gun indiscririnately at all persons and at the boat. I noted both machine- gun and pistol fire coming from the submarine and recall that the Dlstol was being fired by a figure 15,151 on a higher elevation than that from which the machine-gun was being fired. I also observed that the man who was firing the pistol was dressed dif- ferently from the other figures on the deck of the submarine and assumed that he was an officer. ."I heard at this time a great deal of what I would term jabbering and which had a definite Oriental sound, accompanied with considerable laughter and occasicnal shouts of 'Banzai. Dropping down five paragraphs, I read the paragraph second from the "bottom on page 2: "After some interval of time, I swam back to the lifeboat and was hauled aboard. After ar- riving on the boat, I noticed there were five who had been wounded by the gunfire of the submarine, and although I did not knoî v エ had been grazed by machine-g-un bullets, as I discovered later, I was aware that they had been STDlattering all around mc. I noticed some burns, but did not investigate the matter until the next day when I discovered that I had received three "bullet burns, one across my stomach, one across my forearm, and one across the calf of my leg, which broke the skin." THE PRESIDENT; Well, we have reached another stage,ェ take it. We will adjourn until 15,152 half-past taken. (Whereupon, at 1200， a recess 參 1 2 3 4 5 2 2 2 2 2 15,153 at 1330. resumed AFTERNOON SESSION The Tribunal met, pursuant to adjournment, MARSHAL OF THE COURT: Tho Tribunal is now THE PRESIDENT: Captain Robinson. CAPTAIN ROBINSON: Mr. President, llembGrs of the Tribunal. Attacks were nade also upon survivors of torpecioed British ships, prosecution's oocunent No. 8400, a protest transmitted by tha Swiss Minister from the British Governirent to the accused SHIGEMITSU, Japanese Foreign Minister, dated 5 June 1944, Is offered in evidence, THE PRSSILENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's oocument No. 8400 will receive exhibit No. 2092. (WhareuDon, the document above re- ferred to was narked prosecution's exhibit No. 2092， and was received in evidence.) CAPTAIN ROBINSON: This documont roads as fol- lows : " 5 June 194-4, My Dear Minister, "I havG tho honour of informing Your Excel- lency that the GovernmGnt of His Britannic Majesty has asked ne to hand to the Japanese Government the w h a 1 e n O S M s 15,154 參 2 3 4 8 9 0 8 19 20 21 22 23 24 2? following communication: His Majesty's Government have received numerous reports from survivors of torpedoed merchant ships v/hich m k e it plain that cor.ir.anders and crows of certain Japanese submarines in Indian Ocean are acting in complete disregards of international law and of hu- manitarian principles recognised by all civilised states, The following are incidGirts concerning British ships upon which this most serious accusation is founded, "20 SS 'Daisy Moller‘ was torpedoed and sunk at 21 hours G.M.T. on 13th December 1943 in position 16。 21'north, 82013i east. Ship's boats containing sur- vivors were rammed by a submarine identified as Japanese: survivors were afterwards fired on in boats and machine gunned In water• "3° SS 'British Chivalry' was torpedoed and sunk at 5.30 hours G.M.T. on 22nd February 1944 in position 0° ヲ b ' south, 68° east. Two boats and four rafts containing survivors were subjected to deliberate nachine gun fire by a submarine identified as Japanese, Msny were killed and one of ths boats was sunk. The master of the ship was taken prisoner and compelled to watch machine- gunning of his crew from the submarine. "4° SS 'Sutley' was torpedoed and sunk at 18.35 hours G.M.T. on 26th February 194-4 in position 15,155 1 2 6 21 22 2i 24 25 80 south 70° east» A submarine identified as Japanese fired with small arms upon survivors clinging to rafts and to wreckage. SS 'Ascot‘ was torpedoea and sunk on 29th February 194-4 approximately 800 miles 72° from Diego- Suarez. Ship's lifeboat was subsequently machine gunned by a submarine identified as Japanese and 44 out of 52 survivors were killed, "6° SS 'Nancy Moller‘ was torpedoed and sunk at 8 hours G.M.T. on l8th Nat 194-4 in position 2° 14' north 78° 25' east, A submarine identified as Japanese fired repeatedly on survivors killing a large number, "7° Ships concerned in above incidents were all British ships but His Majesty's Government have received reports of similar incidents involving ships of their allies. In particular survivors from the rutch ship SS 'Tjisalak' were treated with utmost bru- tality and the incident has been made the subject of a protest by the Royal Netherland‘s Government； a number of British subjects were killed in a massacre committed by this Japanese submarine and His Majesty's Government accordingly associate themselves with the protest made by the Royal Netherland‘s Governnent. "80 His Majesty's Government make the most emphatic protest against inhuman and criminal actions 15,156 6 8 0 1 2 5 4 3 2 2 2 2 2 of Japanese submarine coniranders anc crews Involved in above incidents and demand that Japanese Government, while issuing most iinTnediate instructions to prevent their repetition, take disciplinary action against per- sons responsible. Number and circumstances of these incidents indicate that not. one but several Japanese submarine cormanders have violated in the nost flagrant manner elementary humanitarian principles of naritiEse warfare. Signed The Swiss Minister, "To His Excellency Mr. Mamoru SHIGEMITSU Minister for Foreign Affairs Tokyo." Prosecution docuinent No. 8397，a note from the Swiss Legatif-n to the Japanese Foreign Minister, the accused SHIGEMITSU, dated 20 July 1944, is offered in evidence. THE PRESIDENT: Adr.itted on the usual terms. ‘ C L E R K OF THE COURT: Prosecution's document No. 8397 will receive exhibit No. 2093. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 2093, and was received in evidence,) CAPTAIN ROBINSON: This will not bo read. Prosecution documents are now offered in evidence as statements of survivors of the British ships as indi- cated , a s listed in the foregoing British protest, 15,157 3 4 21 22 23 24 25 docunent 8400, exhibit No. 2092: Prosecution document No, Prosecution document No. valry5 8 3 8 0 , SS Daisy Moller 8381， SS British Chi- 8 3 8 2 , M7 Sutley; 8383， SS Ascot; 8379， SS Nancy Moller. 8 3 8 8 is the statenent ship Tjisalak. 8472 is a chart of Prosecution document No Prosecution cocument No Prosecution document No Prosecution document No of a survivor of the Netherlands Prosecution document No the sinkings. These documents are offered in evidence, THE PRESILENT: Admitted on the usual terras, CLERK OF THE COURT: Prosecution document No 8 3 8 0 will receive exhibit No. 2094; document No. 8 3 8 I exhibit No, 2095; document No. 8 3 8 2 exhibit No. 2 0 9 6 ; docunent No. 8 3 83 exhibit No. 2097； document No. 8379 exhibit No. 2098; o ocument No, 8 3 8 8 exhibit No. 2099； and document No. 8472 e x h i M t No. 2100. (Whereupon, the documents above re- ferred to were marked as indicatecS by the clerk of the court and received in evidence,) CAPTAIN ROBINSON: Excerpts from these docu- ments are new read. Document No, 838O， exhibit No. 2094, reads as follows: 15,1^8 2 3 21 22 23 25 "Statement of R. J. Weeks, Master, SS Daisy Moller, sunk 14 December 194-3. "On 0420 December 14th, the vessel was struck on the starboard side between N o . 1 and 2 holds by a torpedo fired at the vessel without warning, Vessel's position at the tine of the attack being 195°,l6 miles, Sacremento Shoal Light' House. Vessel immediately started to list and sink by the head. I oroered all boats to be lowered. The starboard forward boat was smashed in lowering and エ took the double boat‘s complement into the port for war 6 boat. As far as エ could ascertain every- one got away from the vessel, which sank 3 minutes after エ l e f t her. As the vessel sank the subnarine appeared about 100 yards to the North of whore the vessel sank. The sub approached my boat after firing a tracer bullet at us. No words were passed and the submarine turned away, but approximately three minutes later rammed ny boat at an approximate speed of l6 knots, opening fire with machine guns directly after. I swan to a raft about niles away. The subnarino then rarmed the other two boats and nachino gunned the water over a large area. By this time 12 men were hanging on to the raft. At daylight we saw two other rafts with one nan on one of then. After a struggle we got the three rafts together and I placed 4 men on each of the others, 15,159 參 21 22 23 24 25 keeping , on ny raft, one being R . Casson, ^ D.E.M.S. gunner who had a.badly burnt and sprninGd foot. I ad- visGc. the others to rig a sail from the awning and keep close to ir y raft and we endeavored to make て.vesting. At midnight December 17th we landed in the Krishna River delta and proceeded by various nethods to Masuli- patan arriving there at 1400 December l8th 1943. We left there at 1600 Lecenber 20th arriving Vlzagapatam at 1400 Decepiber 21st, 1943. Total amount of survivors known being sixteen, ships complement being 69 crew and 2 passengers.エ should like to givo a word of praise for the D.E^II.S. ratings who were saved. Their behavior was excellent« Signed R . J. Weaks, Master." Excerpts will now be rond from d ocumont 8 3 8 I , exhibit No, 2〇9ヲ,at page 2, beginning with the second paragraph. This is the VBritish Chivalry' log from 22 February 1944: "After sinking the vessel the subnarino then opened fire on the two lifeboats with light machino gun fire, A white flag of truce was displayed from the Master's boat and machine gunning ceased. Attempts to signal by semaphore were raadac The submarino closed the boats and waved us alongside. It was noted that the submarine was nanned b:, Japanese, Thoy intimated that they required the Mastr.)rto board her, which ho did, 15,160 19 20 21 22 23 24 25 The boats v/era then ordorod to carry nn and the sub- marine moved off. "After the boarts had been proceeding for about 5 minutes in company tho subinarine suddanly altered course and steered for their!, and on pas sing heavy nachinc gunning of the boats corrimenced; Most of the crew dived into th3 water ano sore lay down inside the boats. The machine gunning lasted uijitll about 2 p.m. when one boat containing radio equipment etc. had been sunk and the other left in a sinking conditicn. The sub made off in a southwesterly dlroction. "Strenuous efforts were thon Kado by the sur- viving members of the cro\i to bale out "che remaining boat, and at ^bout 5 p.K. hf,.d been successfully made in a condition to be of use. Rafts and survivors in tho water were then gathered t cgether and a consultation was hold amongst tho officers. Another roll call was made and the names of those killed by machino gunning were as follows；" I will emit the nanes of those killed and on tho next page the names of th-ise wounded, and begin reading at the third paragraph fror the bottoni of page 3: "At l l O O p.m. on 23 February 1944, Able Sea- man L. Morris, suffering fr..‘m w oimcis as described above, lost his life by crovmlng. His wnunds were such a 15,161 18 19 20 21 22 23 24 25 character that he had been rcniered insenc and efforts were mede by survivors on the raft to restrsin him. He proved, to be too violent to hold end during the strug- gling evaded the others, jumped overtop,rd end disappeared from view before rescue could be effected. "On February 25, Friday, the engine rendered useless by seawater was dumped overboard and the cccu-ocnts of the raft were transferred to the boat. "The subsequent proceedings of this rersort were such as might be expected during a period of great hardship and suffering of 38 men cast cdrift for 37 days in an overcrowded boat." エ will read no more from that document„ Document 8 3 8 2 , exhibit 2 0 9 6 : "Statement of P. H. Rees, Chief Engineer, M,V. Sutley, sunk 26 February 1944." I will read the first three sentences; "Vessel left Aden cn Tuesday, 15th February 1944, In convoy, bound for Australia. After being in convoy for 5 days we split up and continued the nassage unescorted. Six deys later (26 February) at 1820 hours we were struck by 0 torpedo between N o s . 1 and 2 holds on port.side Dropping down slightly below the middle of the pege: "The submarine now cpper.red on the surfac^ and 15,1^2 stopped our efforts to save more men (about 10 minutes after the sinking.) He came alongside and questioned us as to whether the mester wes emongst us, ship's name, destination and cargo. It wr.s definitely a Japanese submarine, ocean-going type, mounting 6" gun and entl- aircraft armament. He attempted to rem all rafts and machine gunned us at random. His eiming was poor. The exhausts of the submarine wer^ sparking badly and showed up agsinst the darkness very clearly. He appeared to have good speed end mnncuverst.i-lity。" ェ will read no more from that document. 鲁 21 22 23 24 25 15,163- 2 3 6 11 12 13 14 15 16 17 IS 19 20 21 22 23 25 The next document, 8 3 8 3 , exhibit 2097, reads as follows: "Report of attack of S。S. Ascot, sunk 29 February 1944. "S.S. Ascot left Colombo 19 February, 194-4, bound for Diego Suarez, At 1205 (ship's time) gunners on watch sighted a torpedo close on the starboard beam, but before warning could be gl^en, the torpedo struck the ship on the starboard side in the fore part of the engine room. The two starboard lifeboats were blown away, and as the ship appeared at first to be settling fast, the two port boats and a rnデt were got sway. It is believed that four people, all engine snd boiler room staff, were killed by firs'" explosion. The remainder of the crew, believed 525 got safely away. "The ship hed by this time ceased to settle and ten minutes after abandoning a submarine was seen to surface about 2000 yards away from the ship, on the starboard quarter. The submarine circled the shir) and coramenced shelling her, firing about 7 rounds, but no effort wss made to board.. "The submarine then approached the boats. She was about 3OO feet long with a high conning tower which had square glass windows in the fore part, there is some difference of opinion as to whether the gun, 20 21 22 23 24 25 "'hlch was about 6" calibre, was forward or aft, but the weight of evidence tends to show that it was forward. It had a large 20 mm type gun fitted in a perspex blister in the side, and light machine-gun resembling a Bren, on top the conning tower. It was painted dark grey and was rusty end ternacled。 There were no marks, but the survivors, on being shown photograTDhs and silhouettes, all unhesitating picked out 1 - 1 2 1 - 1 2 4 of Jap submarine. "The survivors stated that all the men on the deck of the submarine were Japanese, dressed in khaki shirts and slacks, and soft Japanese type peacked caps. They also state that there was a European in the conning tower, wearing a European type of Naval cap, with yellow or gold wings in front. "A Japanese in broken English asked for the Captain, Chief Engineer and Radio Officer but nobody- replied . A burst of machine-gun fire was then fired. The Captain then disclosed his identity and was ordered on board the submarine. The Japan：se who had first asked for hi,i, took the despatch case, the Captain was carrying from saying, 'So you don't speak English, you English swine." He then slashed the Master's hands across the palms with a knife and threw him into the water, where he v/as picked up by the lifeboat. 15,165 1 2 3 4 5 6 9 0 21 22 23 25 "Fire was then opened, v;...th light ma chine gun in conning tower, on boats and raft, all the sur- vivors jiimpec into the vaster to avoid being h i t , 1 0 men around the rsft were killed, also sn unknown number in the boats. The subinsrine then left the boats f.nd recommenced, shelling the ship, which wss by this time 5 blazing fiercely from stem to stern. A b u t 30 rounds were fired. "The survivors at this time got back into the boats and raft, burier" llie dead, snd one llfebost took the raft in tow. At I6OO spproximetely s'lip' s times, the submarine returned to the boats £:nd commenced machine gunning. The men on the raft, v/ith the ex- ception of A。 H。 RichardsonjDEMS, who was wounded in the thi?h and was delirious, rnd Ctinner Wf.lker, Maritime Regt. who stayed to assist him, took to the water. Gunner Walker, with great courage, attempted to shield Richardson, and at the same time informed the men In the wrter as to the position of submarine to enable them to shelter behind the reft. Richardson w&s killed and "c'.lker was hit twice, once in the leg end once in the thigh. He did not inform his rates of his wounds until the following morning and though in considerable pa in, behaved with fortitude until nicked up. I submit this act of gallantry should be suitably rewarded. 15,166 拳 21 22 23 24 25 "The submarine machine-gunned the survivors intermittently until dusk, then disaiDpeared and was not seen again. "There were 7 men left on the reft at this time, and they cleaned, as much as possible, the blood, etc. off the raft, and hoisted sail. The following morning, March 1st, a lifeboat was sighted, but wss soon lost to sight. On Hsrch 2nd, the lifeboat w£s again sighted, and ccme aloneside £t noon. It contained A.B. Hughson, DBMS, snd ss it wss badly damaged, he transferred to the roft talking the provisions with him. "At the time of the second mechine gunning Hughson was in the boat with the Master and a number of others. He s tates ths.t the other lifeboat wes rammed and. sunk b：- the submarine. After machine gunning the raft, the submarine appror.ched the boat -v 1th the apparent intention of remming it. All the beats crew, with the exception of Hughson, took to the water, where they were machine gunned. Hughson lay in the bottom of the boet and the submarine took it in tow alongside, apperently to prevent anyone re-boarding it-. A Japanese boarded the boat, Hughson feigned death and was not molested. After cbout 10 minutes the boat wss cut adrift snd the submarine then rammed it on the port quarter, damaging it. Hughson ley quiet all night, 15,167 m ：恕. 21 22 23 24 25 and the following morning hoisted the foresail, and though the bost wcs waterlogged, sailed her through the day in a freshening wind end ses. "The following morning, ••"he wecther mod ere. ted and he hoisted the mainsail, sighted the raft and msde contact, Es stated above. "I consider that Hughson shewed courage snd. fine seomanship. "The survivors were subsequently picked up by 1.5.V. Straat Soenda, at I325, Mfrch 3 , 1 9 4 4 , and brought to Aden。 Signed: "L. A. Seward, Lieutenent Commander, R。I.i.。R., Staff Officer, Intelligenoe." Document No, 8 3 7 9 , exhibit 2098, excerpts read as follows, the top line； "Statement of S. K. Chu, 2nd Mate, S.S. Nency Moller, sunk Me.rch 18，1944." The fourth pe.ragraph to the conclusion of the document: "She (the submarine) aprroached one of the rafts on which were Gunleyers Fryers, 2nd Engineer K. T. Shlng, Fitter Wong end three Indirns, They were ordered to board the sub. Fryers wss taken down for examination, and the remaining five were made to kneel down towards the bow. -The 2nd Engineer was shot twice 15，: 12 13 1 2 3 4 5 2 2 2 2 2 with a revolver, e.nd we s klckcd into the sec. As he > wore no lifejecket he was soon drowned. Fitter Wong received one shot, and as he was wearing his jccket, he msnsged to struggle in the vveter end V7?.s. flnslly picked up. The three Indians were merely driven into the weter without bein? shot, so they were all rescued later on. "Afterwards the Ja^os turned the portcble me：chine gun towards the oth&r rafts and opened fire. As the survivors were riert enough to hide their bodies under Woter with hands grasning the beeket lines, nobody was loiov/n to be hit. The sub being setisfiEd thst no life left, drew away out of sight. "Then we picked up end gf-thered together cll the survivors, smounting fz 32, (4 British, 2 Chinese, 1 Russian, 25 Indians). The ship originally had a crew of 65, so with the Gunlsyer r.s e. prisoner on the sub enother 32 persons (including the C?pt£:in lost their lives. (6 British, 5 Chinese snd 21 Indians) "The survivors drifted on the 4 rafts for four days, and were finally picked up on Mc.rch 22nd, early morning,“ Signed: "S. K. Chu, 2nd Mate, ex s/s Nancy MoliDP," , Document No, 8388， exhibit 2099， will be 15,169 m 21 22 23 24 25 read, excerpts therefrom, ss follows; the first ten or fifteen lines: "Statement of F. deJong, Chief Officer, S.S.Tjiseユ3k, sunk 26 ニ.,k.rch, 1944。 "VVe sailed on the 7th Mrrch 1944 from the port of MiGlbourne in Australia with a full cergo of flour, ffbout 6640 tons. Destination WoS Colombo. The ship was loaded on her tropical mark ？ n d the draft iroon dep&rture was --” I will omit the details here end start with: "The crew consisted of % persons. Furthermore we had five first class passengers nnd 22 lascars as twecndeck passengers.lueking ？ total of 103 persons on bocrd. The 22 lasccrs being ex-crew of the M.S. Tjlsadane on their wsy home after having been naid off from aforementioned ship. The first class passengers consisted of one AmerlcEn Irdy Mrs. Brittan. She was on the way to her husband who is living in Calcutta. Her husband is a Britisher and is apparently working for the Intelligence Service 15 ,170 We omit and read beginning at page No, 3, about the middle of the page -- just below the beginning of the middle paragraph: "In the meantime the sub came closer and closer. From the conning tower they started to shout for the captain, .When they asked a second time where the Captain was I saw the Master Stand up in his boat and put up his hand. They ordered him to come alongside of tho sub with his boat. He did so. The next thing we spotted was the Captain and the Europeans In his boat boarding the suh. The boat of the 2nd Off, started to get away more and more. With a few men rowing in ray boat I tried to get a little away from the sub. But now they started to gesticulate and shout from the to-wer. They shouted to us to report. 80 we came alongside one by one with our boats. T h e y told the，Europeans to board the sub» I did not see anything of the Europeans of the Captain's boat when I stepped on her deck. I only saw somebody disappearing into one of the manholes on the foredeck. With the 3rd Eng. I was the first one to be pointed out to the fore deck. They told us to sit down there facing forward,I'e should in no case look back they told us. From all around they kept us covered. When I boarded the sub they took my knife away, I 0 4 3 4 5 2 2 2 wolf & Y e1d e n 15,171 2 3 4 5 6 7 8 9 8 19 20 21 22 23 24 25 had my lifebelt on and luckily they forgot to take that away. My papers were packed in the inside of ray lifebelt and they did not spot it. The foreship started to fill up as they were ordering now all the people out of the boats. Two Japs were making us stand by in front of us, one with a revolver and one with a coll of rope. Again and again they shouted from the tower, 'Do not look back, because that \vill be too bad for you.‘ I got the impression that there was little discipline. Everybody ；Just pleased himself and they all tried to get as many souvenirs as possible. So they took watchej, papers and knives, A little to the right before me was the 5th Eng. sitting* A little to the left and forward was the 3rd Eng. I got the lippresslon that the Japs wanted to start all kinds of things at the same time. One was preparing himself to tie us up, another was fumbling ivith his revolver and so on. Most of our crew did not obey the order of not looking back. They continuously looked back, \ Y/arned them a few times to look forward. I thought it better not to irritate the Japs any more, I understood the end was there for all of us, and I told the Europeans i-.ear me, I told them to try to make the best of it. All of us sat down depressed. I felt pity for the ^th Engineer, as he was fighting, 15,172 20 21 22 23 24 25 I could see, to keep himself under control, but he succeeded. It was a hard blow for him I thought. He had just escaped out of occupied Holland and he was very young. My own feelings were dumb. I had finished with life and I felt abnormally calm. I was surprised about myself, as I had grown a bit nervous after a whole winter on the North Atlantic with a few very bad experiences. During the time I was on board of the sub, I was very proud of every member of our crew, as I heard nobody screaming or begging for life. The Japs can take this as an example. There were a few fights going on behind us, but エ do not know the exact facts as エ did not look behind me, Waiiting was long. At last the sub was getting under way and after clearing the wreckage headed on a course East. I know this because the sun was shining in my face. I guessed the speed at about 8 knots, but it could have been less. The other survivors thought it was less anyhow. I was thinking now about jumping overboard, but I was surrounded by Chinese and I thought I had only a very small chance. I decided to stay and wait. What would happen now? Would they start to machinegun us from the tower? Would they tie us up and then dive? It was very- difficult to guess. To wait all the time was unbearable, 15,173 8 9 0 1 2 3 21 22 23 24 25 Luckily they started now. They called the Jth Eng.. out and told him to start walking aft. When he was aft they shot him. No加 it was my turn. One Jap was hanging on to my back when I walked aft. iflaybe he wanted to pull off my lifebelt, maybe he wanted to prevent me from jumping overboard. Everywhere Japs were standing by with weapons• I realized that to dive with my lifebelt on would be very difficult and IB7 chance was nil as I could not keep myself under with same。 Whenever I should come into the water エ would be riddled with bullets and probably die slowly. As I had to die anyhow I preferred a sudden death. So I walked on, along the t:;wer and on aft. At about a distance of about ^ or 6 feet from the stern there was one Jap ready with his revolver. When I came alongside of him I stopped as I expected him to shoot me through the head. He pointed out to me however that I had to carry on. When I arrived at the very- end of the deck, above the propellers I heard a bang and felt a terrific shock on my head and I toppled over into the water. The Japs tried to make a good job of It indeed, as they did it above the propellers. How I missed them I do nc^t^^ow.ェ must have been unconscious for a little iijhile. When I came to I was In the water, with plentj^f blood around me,-. i5，r74 2 3 21 22 23 24 25 I had plenty of trouble to breathe. Heavy sighing gave me just enough. I spotted the sub now at about a mile distant. After a couple of minutes エ could breathe and think a little better already. I was very down. I was afraid they would find out on the sub that I was still alive and come to finish me off. To be executed once is pretty bad, but for a second time looked horrible to me. I inspected my head with my hand and found no hole in the bone. This gave me somp new courpge. I started to get hope again to live on. Now I decided to try everything in my power to save ray life, I kept the submarine all the time in my sight and I saw her altering course a few times. Twice she passed me at close range and I nearly drowned by keeping my head under the surface. エ could still see a group of persons on the foredeck of the sub. Now and then I heard a couple of shots, At the end I saw the sub disappear to the South.“ A final extract on page 8, at the bottom of the page, about 6 lines from the bottom. "After this case of our ship I think every- body will be impressed by the fact that it is impossible to send ships unprotected anymore over the Indian Ocea^. We should have some protection so that the Japs cannot repeat this slaughtering of shipwrecked people. 15,175 21 22 23 24 25 There can be planes in any case» I have heard there is even a base for planes on the Chagos Islands, and also one on the Maldlve Islands, If this is true the pianos could cover a big part of the Indian Ocean. Even close to Australia and Colombo we never spotted any planes. I just wanted to put down our thoughts as I think it is better if the officials knew what we think," The next document, 8472, exhibit No. 2100, is the chart on which is shown the location of the sinking of the ships, survivors of which I have Just read scatements upon, No7；, to take up the protests ： Prosecution docuipent No, 8395，a note from the Swiss Legation to the Japanese Foreign Minister, dated 16 September 194-4 is offered in evidence, THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 839ヲ will receive exhibit No. 2101. (Whereupon, the document above referred to was marked prosecution's ex- hibit No. 2101 and received in evidence.) CAPTAIN ROBIN&ON: This document reads as follows： "September 16,194-4 2 3 6 2 3 21 22 23 24 25 "By letters of 5 and 20 June, the Swiss Minister had the honour of transmitting to His Excellency Mr, Mamoru tHIGEMITfcU a protest of the Government of the United Kingdom on the subject of the attack on the survivors of British merchant vessels by Japanese submarines. By the note of 19 July the Legation sent to the Imperial Foreign Office some complementary information about this matter. "The Swiss Legation would be thankful to the Foreign Office if the Foreign Office would comnmnicate the answer of the Imperial Government to the said protest. * * * "t^eptember 15;1944 .‘ "To the Imperial Ministry.of Foreign Affairs, Tokyo,“ Prosecution document No. 8416, a note from the ewlss Minister to the accused t^HIGBMITtU, Japanese Minister of Foreign Affairs, dated 28 November 194-4, is offered in evidence, THE PREblDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 8416 will receive exhibit No. 2102. (Whereupon, the document above referred to was marked prosecution's ex- 15,177- # 2 3 9 0 21 22 23 24 25 hlbit No. 2102 and received in evidence.) CAPTAIN ROBINSON: A correction: This is from the Japanese to the Swiss it is observed.エ will read the document: "My dear Minister, "I have the honor to acknowledge the receipt of Your Excellency's letters. No. GG.I.I.3.-EGd and No. GG.I.I.3-EGC dated 5 and 20 June as well as the verbal note No. CC.lc8,o~EGc, of the Swiss Legation in Tokyo dated 19 of last July concerning a protest of the British Government which pretends that in the Indian Ocean some Japanese submarines torpedoes British merchant vessels and unlawfully attacked the survivors of the vessels, "Concerning this matter I have had the competent authorities make strict investigations In each case indicated; and it is clear that Japanese submarine at least, had nothing to do with such facts as are mentioned in that protest. I have the honor to ask Your Excellency to forward this reply to the British Government. "I take this opportunity," and so forth, dated 28 November 1944-. "From: Minister for Foreign Affairs, Mamoru SHIGEIHTbU (Seal) "To: His Excellency Camille _Gorpr._ Envoy 15,178 2 3 8 9 0 Extraordinary and Mini'ster Plenipotentiary from Switzerland Prosecution document No. 8410, a letter from the Swiss Minister, transmitting froic the Government of the United Kingdom a communication to the Japanese Foreign Minister, dated 19 May 1945 is offered in evidence, THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 8410 will receive exhibit No. 2103 (Whereupon, the document above referred to was marked prosecution's ex- hibit Nb. 2103 and received in evidence,) 8 9 21 22 23 24 25 15,179 拳 2 3 4 5 6 7 8 9 0 1 2 3 8 19 20 21 22 23 24 25 CAPTAIN ROBINSON: (Reading) "Karulzawa, May 19，194-5 �"Monsieur le Ministre, "I have the honor of informing Your E x c e l l e n c y that I had not failed to communicate to my Government for forwarding to the Government of the United Kingdom the answer of the Imperial Govern- ment which His Excellency Mr. Mamoru SHIGEMITSU gave me on the subject of attacks against the survivors of British merchant vessels by Japanese submarines. "The Government in London has just asked the Federal Authorities to send to the Imperial Government the following communication: ”'Primo. Government of United Kingdom have . received through protecting power Imperial Japanese Government's reply to their protest regarding inhuman conduct of commanders and crews of certain Japanese submarines towards crews of torpedoed British merchant vessels. In this reply Imperial Japanese Government deny all knowledge of the facts mentioned in H.M. Government‘s communication. '"Secundo. H . M , Government find this reply- entirely unacceptable. In all cases mentioned in H.M, Government's protest there、were survivors who positively identified submarine concerned as Japanese. 15,180 2 3 21 22 23 24 25 Moreover in one instance the submarine was identified as belonging to the Tapanese エ class. “ "'Tertio. H . M . Government desire further to draw attention of the Imperial Japanese Government to an operation order dated 20th March 194-3 issued by- Admiral commanding first Japanese Submarine Force. Fifth paragraph of this order authorizes submarine commanders not to stop with sinking of allied ships and cargoes but at the same time .to carry out complete destruction of allied crews except for such members as it may be desirable to apprehend with a view to securing intelligence. This order makes it clear "be)のnd any possibility of doubt that the inhuman practices described in H . M . Government's protest are officially sanctioned and prescribed by high Authorities of Japanese Navy, “'Quarto. H . M . Government desire once again to draw most serious and urgent attention of the Im- perial Japanese Government to these atrocities committed by Japanese submarine commanders and crews and sanctioned by Japanese Naval authorities against crews of British merchant vessels and to demand that such inhuman prac- tices、 cease forthwith and that strictest disciplinary measures be taken against both individual commanders responsible and Naval Authorities who prescribed these 15,181 actions.‘ "Please accept, Monsieur le Minlstre, the assurances of my very high respect. "Swiss Minister.' s 21 22 23 24 25 1 ら 1 8 2 2 3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CAPTAIN ROBINSON: Prosecution document No, 8481, an official report of the killing of survivors of the British ship, Behar, in the Indian Ocean, sworn to on 30 May 194-6, is offered in evidence, THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 8481 will receive esChibit ？Jo. 2104. (Whereupon, the document above referred to was marked prosecution's exhibit No. 2104 and received in evidence.) CAPTAIN ROBINSON: The excerpts to be read appear at page two and three; at page two the second, third and fourth paragraphs: "I was formerly a Captain in the Imperial Japanese Navy. ‘ ”エ held the appointment of a Commander on the Crusier Tone, Captain MAYUZUMI commanding, in early 1 9 4 4 . ” . "On 9 March 194-4, S . S. Behar was sunk by- gunfire from Tone." Dropping down four paragraphs: 、 " L a t e r in the day, after we had reported the sinking of the Behar and the picking up of 115 sur- vivors, the Aoba signalled us to arrange for the immed- iate disposal of the prisoners with the exception of 15,183- 2 3 8 9 0 21 22 23 24 25 two or three. I told the Captain that such a course was inhuman and that I could not be a party to the execution especially in view of the fact that I had ordered the rescue of the survivors and saw to it 、 that the order was carried out in spite of the high seas running. The Captain signalled the Aoba that the prisoners were still under investigation." Omitting down to the close of the affidavit, the last three paragraphs preceding the final paragraph on page 3， beginning: "On the evening of l8th of March, I was told by Captain MAYUZUMI that the execution of the prisoners had to be carried out that night at sea. I refused to be associated with the execution so the Captain Issued orders direct to Lt« ISHIHARA., "I cannot remember the names of the members of the execution party, but learnt that most of them were gunroom officers. Lt. TANI and a few other wardroom officers were in the party. I later heard Sub-Lieutenants TANAKA. and OTSUKA boasting of their participation in the execution. "As I was not a witness I could not describe the exact methods used but heard that the prisoners were knocked unconscious by a ；jab in the stomach, kicked in the testicles and beheaded." 15,184 4 6 9 0 8 19 20 21 22 23 25 Prosecution document No, 548， a top secret Japanese naval order for submarine operations in the Indian Ocean, is offered in evidence. THE PRESIDENT: Admitted on the usual terms. CLEHK OF THE COURT: Prosecution's document No. 548 will receive exhibit Wo. 2105. (Whereupon, the document above referred to was marked prosecution's exhibit No. 2105 and received in evidence.) CAPTAIN ROBINSON: I should read at the top of page 2, if the language section can follow -- top of page 2: "JICPOA Item #5738 - Translation of Captured Japanese Document, Captured Kwajalein Atoll, Received JICPOA 19 February 1944 — THE MONITORS Just a minute, Captain, that part is not given. The Japanese translation starts from "Flagship Heian Maru at Truk," You see the other explanatory note about whose translation it is is not given In Japanese. CAPTAIN ROBINSON: If you will start from "Flagship Heian Maru at Truk, 20 March 1943 — Military Ultra-Secret (Gunki), Copy 24 of 70 — 1 s t Submarine Force Secret Opord #2-4-3" -- the only extract that needs to be read from this document is on page 4, paragraph B, subparagraph 4, near the "bottom of the 1 5， 1 8タ 鲁 8 9 8 19 20 21 22 23 24 25 page which reads as follows: "Do not stop with the sinking of enemy ships and cargoes; at the same time that you carry out the complete destruction of the crews of the enemy's ships, if possible, seize part of the crew and endeavor to secure information about the enemy." The last document in this section is document No. 8479. The liaison between Japan and Germany in this policy of destruction in the Indian Ocean is indicated by the interrogation of the defendant O S H I M , 1 February 194-6, prosecution document Nor 8479. The defendant OSHIMA has sent me a supplementary state- ment and エ have told OSHIMA's counsel, Mr, Cminingham, that the statement is available for processing and use "by them as they may desire but I should like to offer this document in evidence at this time. THE PRESIDENT: Admitted on the usual terms. MR. SHIMNOUCHI: Mr. President, I object to the presentation of this document, prosecution document No. 8479. I have two grounds for my objection. First, I respectfully call the Tribunal's attention to lines 20 to 33 of page 6 of the English copy. This shows that when OSHIMA was interrogated by Captain Robinson his memory was not quite CI.-'T .へ:nd I believe it is shown that Captain Robinson also recognized that 15,186 6 7 8 9 0 1 2 3 21 22 23 24 25 O S H U M ‘s recollection was hazy. Second, according to the memorandiri pre- sented by the defendant OSHIMA, we object to the presentation of this document until it is either given to us for our use or presented to the Court before its use by the prosecution, A correction on the last statement: I object to the presentation of this document as evidence unless the prosecution pre- sents this memorandum from OSHIIIA as evidence r The reason for this is that since OSnil'A wrote this memorandum, because his recollection v/as not clear it would be unfair to present document 8479 without presenting the memorandum, THE PRESIDENT: The objection is overruled on both grounds. The first ground goes to weight only or value and not to admissibility. The second is a matter for the defense to establish when they give evidence. The document is admitted on the usual terms, CLERK OF THE COURT: Prosecution's document No. 8479 will receive exhibit No. 2106. (Whereupon, the document above referred to was marked prosecution's exhibit No. 2106 and received in evidence.) CAPTAIN ROBINSON: This document reads in 15,187 9 0 1 2 3 4 21 22 23 24 25 part as follows, page 1,title, first three paragraphs： "Interrogation of General Hiroshi OSHBTA. "Date and t i m e : 1 February 1946, "Questions by Captain Robinson: "Q You had various conversations, General, with Ribbentrop in regard to the naval activities of Germany and Japan? "A Naturally, I spoke to Ribbentrop about many matters, among which these that you refer to might have been included. However, actual Army matters and Navy matters were always handled hy the respective attaches. "Q Directing your attention to March 19り, what was said by you and by him in regard to the importance of the submarine warfare? "A I do not know whether it was this meeting or not, but I do recall where he suggested that Japan institute submarine warfare as Germany had been doing, and in this regard they would be willing to 1st us have a new type German submarine, "Q In fact they sent you two German subma- rines, did they not? "A Yes, The negotiations were done by me, but the details were handled by the Japanese Navy, and I believe that one of the submarines was sunk before 15,188 # 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 arriving in Japan.“ Turning to page 2, paragraphs 5 and 6: "Q And he discussed with you the difficulty of cutting down not only the supply of merchant ships, "but also of merchant sailors to man those ships, did he not? "A Yes,エ definitely remember. "Q And he discussed with you the German U-Boat order of September 1942, in regard to falling to rescue survivors of torpedoed merchant vessels? "A Yes, I recall hearing that^" Turning to page 3， paragraphs 3， 4， and 5' "Q And you recall further that the orders were to annihilate or destroy survivors? "A I would not go so far as to say that, essentially it was that they would not rescue survivors, "Q He was not recommending that to you as a policy for submarines? That v;ould be merely ordinary- practice, not to rescue survivors. The only place where his orders would be important and therefore su"b;5ect to a special policy statement hy Ribbentrop would be in the fact that these special orders differed from ordinary practice in that the special orders pro- vided for the complete destruction of the survivors of the merchant vessel's crew and passengers, I want I 5 a 8 9 8 9 8 19 20 21 22 23 24 25 the connection between this German order and the same order as followed by the Japanese. "A I do think that the German order went so far as to say that. In fact, I naturally think so. The Japanese one,エ do not know about. I believe that the Japanese would not put out such an order. And further, the newspapers have it that I favored this order,, but that is not so. Of course,エ did not tell Rlbbentrop that he should stop doing this, as it wasn't any of my business, but I do say that エ did not encourage it. Of coarse, as you know, this order was put out, but I "believe that even among the Germans there were those who opposed it. "Q And some who carried it out and executed it? "A Admiral Gross, who was naval liaison officer to us, told me that he did not favor this order, as it was a blot on the honor of the Navy. "Q Nevertheless, at tho request of the Germans you did convey to the Japanese submarine authorities information of that operating policy, . namely, complete destruction of personnel, as well as the ship? "A I did tell It to the Naval Attache, "but ェ have no recollection of having sent any despatches 15,190 to Japan about this matter." Page 4, paragraphs 3, 4, and the second paragraph, page 4-, starting: 6 2 3 21 22 23 24 25 15,191 G & 6 S 7 P 20 21 22 23 24 25 ”Q Did had followed "A No. than エ do, I it. "Q You the Germans never ask you whether you through or not? “ Although you probably know more about it do not believe Japan did anything about ，.mcv/, do you not, that the United States State Department filed with the Japanese numerous protests because that precise policy was carried out against the crews of the United States merchant vessels? "A No, I do not recall any protests on that matter, although エ em aware that they pretested many times about the treatment of prisoners of war. "You never had any information following that date of the machine gunning of merchant seamen following the torpedoing by Japanese submarines of United States merchant ships? "A No. I have not heard anything of the sort. "Q And you did not know that an ultra-secret operating order was issued to Japanese submarines commanders on March 20,1943, as well as on other dates, in which paragraphs b, item 4, provided, 'Do not stop with the sinking of enemy ships and cargoes. At the same time as you carry out the complete destruction of the crews of the ships, 15,192 鲁 書 21 22 23 24 25 seize part of the crew and endeavor to secure infor- mation about the enemy,‘ "A No. I do not know of the order, and further, if there had been such an all-secret order it •would not have come into the hands of a civil official such, as me, "Q You do recognize in those words the same order of which you were informed by the Germans? "A Yes, they are alike. I believe that if such an order had been issued by the Japanese Navy they would have done it independently, for, as you know, the Japanese ム r m y and Navy are not in the habit of taking suggestions from outside sources, and if Japan had followed the German suggestion on -f-his and put out such an order a communication should have ccme to me saying that they had done so, but I received no such crnnunication. I have net heard of there having been any communication and if there had been It would, have gone with the Naval Attache to pass on to the German Navy." Page 5, the top four paragraphs and the bottoin t\.o paragraphs: "Q Do you '.x.ow whether or not with these two submarines which Germany sent to Japan she also sent crews and specimen orders for use by the Japanese? 15,193 2 3 6 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "A Ncj I know nothing whatsoever about what happened subsequent to my talks, as it was all handled by the Navy, "Q Did the Germans draw particular attention to the necessity of Japjsnese submarines operating in the Indian Ocean against merchant shipping? "ii The matter was not spoken of to me, but I do recall seme talk of the German Navy having spoken to Admiral NOMURA about this matter. "Q Did you later learn of the sinking of the United States Liberty Ship Jean Nicolet on 2 July 194-4, in the Indian Ocean by a Japanese I-class sub- marine , i n which sinking these tactics were carried out? "A I know nothing of it. "Q Did net nibbentrop or other Germans later comment to you on the fact that their request to you for such a submarine compaign appeared to be bearing fruit? "A No. Further, I believe Japan was not very successful in her submarine warfare.“ Dropping down to the bottom of the same page: "Q Two questions and エ am t h r o u g h : 1 . B y 'intensify submarine warfare‘ you include destruction of survivors of iJiie torpedoed vessels, do you not? 1ヲ，194 雌 20 21 22 23 24 25 "A N o ,丄 do net believe this would be in- cluded in Intensiflaation of submarine w a r f a r e .エ am not a naval expertj but I do not believe these tactics should be used. "Q What you believe and I believe does not make any difference. We have your statement of what the German proposal was, namely, the destruction of survivors cf the crews, We have your statement that Klbbentrop and others did tell you that part cf their subraarine warfare had adopted a policy of destroying crews of torpedoed vessels, is that not correct? "A Yes, Ribbentrop did say that to me. "Q And further that you did convey that infor- mation to Japanese naval authorities? "A I conveyed to the Naval representatives the matter of the two submarines that they offered to give us, and the request that we intensify sub- marine warfare, but whether エ actually spoke to them about this order that you are stressing エ do not re- call, as I never felt that the order was anything that should be followed. In this regard I would wish, that you speak to either NOMURA or to see whether I did convey this to them or not." Page 6, the bottcia paragraph, to the end of 15,195 2 3 o 1 2 3 4 3 2 2 2 2 2 2 page 7： "A エ wish to explain this one fact5 that in December 194-1,a Joint military commission was set up which decided matters of tactics and operations and I had no hand in this. Further, if Ribbentrop or someone like that told me something military,エ passed this matter on to this military comisslon which went into details, and they are the ones who are re- sponsible for the carrying out of the operations. "Q What are their names? "A These are the aforementioned NOMUBA, YOKAI for the Navy, and Lt. Gen. BAN3AI for the Army. "Q The date cf the appointment of this Cora- mission? "A jabout the middle of December 194-1. "Q ムnd the place? "A Berlin. All important matters were decided by them. そ "Q Who were the German members? "A I an not sure, but I believe it was Field Marshal Keitel, and probably Admiral Doenltz." 15,196 2 3 21 22 23 24 25 m . SHIMANOUCHI: I especially call the attention of the Tribunal to the English text of the document just read, page 3,line 7 to 22, and page 5,line 25 to 37. In these parts OSHIMA states that he was against the murder of the ships' crews and also that he did not convey the suggestion of the German side to the Japanese Navy. THE PRESIDENT: We know what he said, and there is no need for you to emphasize it. CAPTAIN ROBINSON; May it please the Tri- bun?.l,this concludes the presentation of evidence of offenses against survivors of torpedoed ships. It is now proposed to present evidence to show offenses committed against prisoners of war at Puerta Princessa, Palawan, Philippine Islands on 14 December 1944, This evidence will consist of the testimony of one of the survivors of the Palawan Massacre, documents consisting of affidavits of two of the survivors, and protests delivered to the defendant TOGO. Reference is made to two prosecution documents which have teen introduced as exhi"bits, as follows； Prosecution document No. 2869, exhibit No. 1455, a summary of the testimony reported to the Judge Advocate General of the United States on 15,197 6 7 8 9 8 19 20 21 22 23 24 25 L - this atroQ.lty, was introduced on 12 December 194-6 and is quoted in part at pages 12,669 to 12,672 of the record. Prosecution document N o , 1 0 - V , exhibit No. 1485, a copy of the protest transmitted by the Swedish Legation to the Japanese Foreign Minister, dated 19 May 194-5, based on the Palawan Massacrc, was introduced on 13 December 1946 and is quoted in part, its first two paragraphs, at pages 12,81.1 to 12,817 of the record. The last two paragraphs of this protest read as follows: The first two paragraphs, I take it, may be before the Court, the first part of the protest on Palawan, exhibit 14-85, in which, the State Depart- ment calls attention to the massacre of December 14, 194-4 of one hundred fifty American prisoners of war at Puerta P r i n c e s s a .エ will not re-read those para- graphs unless the Court would care to have them re- peated. THE PRESIDENT: There is no need to repeat it. CAPTAIN ROBINSON: At page 2 of this pro- test, parts not read into the transcript are the following paragraphsi "About forty prisoners succeeded :n escaping 15,198 2 3 4 5 6 7 8 9 8 19 20 21 22 23 24 25 from the compound by throwing themselves over a fifty-feet cliff onto the beach below. Landing barges patrolling the bay and sentries on the shore fired upon them. Many moaning in agony were burled alive by their captors. One, who had reached the water and struck out to sea, was recaptured and brought back to land where Japanese soldiers, prodding him with bayonets, forced him to walk along the beach. A Japanese guard poured gasoline upon the prisoners foot and set fire to it. Ignoring his entreaties that he be shot the Japanese soldiers deliberately set fire to his other foot and to both his hands. They mocked and derided him in his suffering and then bayonetted him until he collapsed. Thereupon they poured gasoline over his "body and watched the flames devour it. '"^uch barbaric behaviour on the part cf the Japanese armed forces is an offence to all civilized people. The Japanese Government ^annot escape responsibility for this crime. The United States Government demands that appropriate pimish- roont be inflicted on all those who directed or par- ticipated in it. It expects to receive from the Japanese Government notification that such punish- ment has been inflicted. The United States Govern- 15,199 8 9 3 4 8 9 ment further demands that the Japanese Government take such action as may be necessary to forestall the repetition of offenses of so heinous a nature and assure the United States Government that such outrages will not again be inflicted upon American prisoners of war in Japanese cusSjody, "GREW (Acting)" Prosecution document No. 8454， a protest and note with a declaration of delivery "by the S"wiss Legation to the defendant TOGO, dated 3 and 4 June, 19^5. This protest, note and declarc.tion are offered in evidence, THE PRESIDENT: Admitted on the usual terms. We will recess for fifteen minutes. (Whereupon, at 1445, a recess was taken until 1500, after which the proceed- ings were resumed as follows:) 21 22 23 24 25 15,200 E d e D u d a 21 22 23 24 25 MARSHAL OF THE COURT: The Tribunal is now resumed. THE PRESIDENT: Captain Robinson. CAPTAIN ROBINSON: Mr. President and Fembers of the Tribunal,I understood that document 8454- was admitted at the close of the last session, but I did not get the exhibit, number assigned by the Court. CLERK OF THE COURT; Prosecution's docu- ment No. 8454- will receive exhibit No. 2107- C阶丨ereupon, the document above referred to was marked prosecution's exhibit No. 2107 and received in evidence.) CAPTAIN ROBINSON: This document, page 1, reads as follows: "Lefetion de Suisse "Au Japon . . . "Declaration "The note" and so forth "dated June 3rd 194-5, copy of v/hich is hereto attached, containing a notification of the United States government for the Japanese government, as communicated to the Legation of Switzerland in Tokyo by the Division for. Foreign Interests in Berce with their cable no. 423 and pertaining to the treatment of American prisoners of war in Puerto Frlncesa, Palawan (Philippine Islands) 15,201 8 9 22 23 24 25 was handed over personally by the Minister of Switzer- land, to K, E. Mr. Shlgenori TOGO, Minister for Foreign Affairs, at his private home in Karuizav/a, on Sunday, June 3rd 19巧，at 3 p.m. "Karuizawa, June 5th, 1945.' At page 2: "June 4 , 1 9 4 5 "Pursuant to its note of May 30th last concerning the massacre of 150 American prisoners of war at Puerto Princesa, Palawan, the Swiss Lega- tion has the honour to Inform the Imperial Ministry, of Foreign Affairs that the government of the USA has reouested the federal authorities to present to the Imperial Government the following notification： "'The United States government refers to its protest regarding the massacre of 150 prisoners of war at Puerto Princesa, Palawan, Philippine Islands and further charges the Japanese government in its admlnistrstion of that camp that it has most shamefully violated its commitment to apply to American prisoners of war in its custody the humanl-, tarian standards of the Geneva Prisoners of War Convention. During their incarcera、t.ion in the camp, the prisoners were subjected to the following mis- treatment パ " I omit the nine paragraphs, down to the 15,202 拳 8 9 0 1 2 3 last parr.graph on page 3, of the quoted portion. 2 “'The United States government repeats that 3 it expects the Japanese government to impose upon those responsible for the maltreatment of American prisoners of war the punishment which their criminal behaviour merits and demands that the Japanese govern- ment take all necessary steps to compel its subjects to fulfil the obligations assumed by it to accord humane treatment to prisoners of war. The United States §^ove;rnment expects an early reply by the Japanese government as to the action iaken by it to punish the individuals responsible of the brutal acts described herein and the measures it has taken to prevent similar acts of cruelty in camps in which American nationals are detained.‘“ Prosecution document No, 84^7, a note from tl，e Swiss Legation to the Japanese Foreign Minister, dated 7 June 1945, is offered in evidence. THE PRESIDENT: Adiritted on the usual terms, CLERK OF THE COURT: Prosecution's docu- ment No. 8457 will receive exhibit No. 2108. (Whereupon, the document above referred, to was marked prosecution's erhlbit No. 2108 and received in evidence.) CAPTAIN ROBINSON: _ This note reads as 8 19 20 21 22 23 24 25 15,203 3 4 2 3 8 19 20 21 22 23 24 25 follows： "Karuizawa 6 June 194-5. • •‘ "Fy dear Minister, "The first of June I forwarded to you by Mr. Bossi, Legation Attache at Tokyo, a notifica- tion from the government of the United States of America addressed to tine Imperial Government con- cerninp the deaths of 150 American prisoners of war at Puerto Princesa, Palawan. "In t.:-.e meantime, I have received a second notification from the government of the United States concerning the treatmv^nt of the prisoners of war in that camp at Puerto Princesa. As I was to meet Mr. TOGO Sunday, I took advantage of that oppor- tunity to personally give him the second complaint of the government of the United States. I explained to him that I had sent the first protest to you,” And so forth. "With my best regards, my dear Minister." Addressed to His Excellency, Minister Tadakazu SUZUKI, Imperial Ministry for Foreign Affairs, and so forth. The same announcement as made before is that the SUZUKI mentioned here is not the accused SUZUKI. 15,204- 2 3 2 3 21 22 23 24 25 A note verbale from the Japanese Foreign Ministry to the Swiss Legation, dated 5 July 1945, acknowledged receipt of a communication dated 3〇 I'ay 1945 and stated that a reply would be made after an immediate investigation. This note is not available in processed form at the present moment, but is availalple for exemination if desired. Fay the witness Sergeant Douglas ¥illiam Bogue, United States Marine Corps, be called to the witness. stand? D O U G L A S W I L L I A M B O G U E , called as a witness on behalf of the prosecution, having first been duly sworn, testified as follows: DIRECT EXAMINATION M CAPTAIN ROBINSON: 0 State your name, rank and present station. A Douglas William Bogue, Gunnery Sergeant, United. States Marine Corps, now serving with F Company, Second Battalion, First Marines, First Marine Division, at Tientsin, China. Q What is your age and your permanent home 身 address? A I am twenty-eight. I live at 2907 Estara Avenue, Los Angeles, California. 2 3 9 0 1 2 3 21 22 23 24 25 15,20^ BOGUE DIRECT 0 Hem long have you been in the United States Harine Corps? A Approximately eleven years. 0 Were you a prisoner of the Japanese? A Yes. • Q During what -- when and where were you captured ？ A I was captured on Corregidor May 6 , 1 9 4 2 , at the surrender of the Philippines. P And when and where were you libersted? A I escaped at Puerto Princesa, Palawan, in the Philippine Islands on the 14th December 194-4. 15,206 BOGUE LIRECT 21 22 23 24 25 Q Luring what periods and at what places were you held a prisoner of the Japanese? A エ was first taken prisoner 6 May 1942 on Corregidor, where エ remaineci until approximately the 2 9 t h of M a y 1 9 4 2 , w h e n I w a s t a k e n to M a n i l a f r o m 29 May 1942 until approximately the 2d or 3d of June 194-2. That includes a period en route fron Corregidor to Manila; my few days in Manila before being trans- ferred to Cabanatuan. I arrived at Cabanatuan on approximately tho 5th of June, where we detrained； was t a k e n to C n m p N o . 3 Just o u t s i d e of C a b a n a t u a n a b o u t twenty kilor^eters, v^here I remained until a ppr ox irately the end of July 1942, and was then sent to Puerto Princesa, Palawan. I arrived on the island of Palawan at Puerto Princesa apprcocirately the 5th of August 1 9 4 - 2 . エ reciainGd at Puerto Princesa, Palawan, until 14 December 1944, on which date エ escaped. Q Were you wounded at any tine prior tn 14 Lecenber 1944? A Not in combat. Q Lid you have occasion to observe the provi- sions for prisoners of war with respect to nedical facilities as provided by the Japanese? A Yes, I had a very good chance for direct observation. 15,207 BOGUE LIRECT 1 2 3 8 9 21 22 23 24 25 Q At what places? A へt Corregidor, Cabanatuan, and Palawan. Q Will you describe the situation at Corregidor? A Troops that" v^ere wounded in combat on Cor- regidor after -- during and after the occupation of the Japanese were very fortunate if they received any medical treatment. By that I mean that those that were fortunate were those that were wounded during the actual fighting and ，jvere taken into the hospital. Those who were not taken into the hospital but were just gathered ir aid stations or their wounds were not of a serious enough nature to be taken into the hospital, like small shrapnel wounds or bullet wounds in the arm or in the leg, thesQ men were rounded up along 哪 i t h the other prisoners and confined in the 92d Garage Area. That was on Corregidor, The only aid tl^t these men received was from the corps men or the medics who had their first aid packets with them, and some of the doctors who were In outlying aid stations with these neager supplies were able to render whatever aid they possibly could. . A s to r:\y knowledge, nn Japanese supplies or American supplies confiscated by the Japanese were given these doctors to helD the American wounded 15,208 BOGUE LIRECT 6 90123 I L L I 21 22 23 24 25 prisoners of war there. Most of these men's \7ounds continued to get worse* Some, just through the men's own resistance, got better. And upon about two Gays after the surrender on Corregidor, I myself became too weqk to do much becnuso I was overtaken by dysentery. And a Dr. Wade, who was a medical doctor of the United States Navy, he had an aid station set up in what was left of the 92d Garage. So I went to see Lr. Wade, and he told ne that the only way I could receive any medical attention was to help carry some of the wounded, more seriously wounded, up to the hospital where they were allowing sons of then to be acir;itted. By so Going, when I got up to the hospital I mentioned my condition to a United States A m y doctor there who tola ne thst he would give nie an examination and see just how bad my condition was. Upon finding エ had amoebic dysentery, I was turned In to the hospital where they told me that no Japanese troops were allowed to come in except those inspecting the hospital itself, and that no supplies other than those on hand were available. While in this hospital,I seen the conditions of woundeU ren. They were fairly well taken care of there because of American medical supplies that they had on hand. But the hospital itself was overcrowded, 15,209 BOGUE IRECT 2 3 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very poor ventilation as it was in a tunnel, and the men -- there was a considerable high death rate. The f’o6 that was distributed there for the sick and wounded was of r； very meager nature for -- since the Japanese had taken over the island. Q Lo y?u knovf. of American requests being made to Japanese autnorlties for better medical facilities at that place and time? A Prior to going to the hospital,Lr. Wade told ne that he had made continual requests to the Japanese for nodiclnes to stop•the increase of dysentery and th?.t he had received no response. Q Passing tc Cab^natuan, would you describe pro- visions there in the wny of nodical facilities for prisoners of ァjvar? A マ h e n we arrived at Bilibid Prison In Manila -- it liao teen used as つ‘ prisoner へ.f w^r camp since Manila WGs occupied by the Japanese, and thoy had sonewhat of a hospital or hospital area there. One of the build- ings was used as a hospital there at Bilibid. I had no chance to see this hospital in operation because エ only thare o couple days and we were rushed by train fron I,Toniln to Cabanatuan. But some of these men that were trnnsforr^.d with me to Cabanatuin were in such a weak conaition fron re-attacks of nalaria 3nd 15,210 BOGUS LIRECT dysentery and due tc the j.qrr.ed quarters of these box cars and the fact that we weren't fed for t'»7enty- f our hours upon our arrival at Cabanatunn, when v/e were detrained there were two or three nen who had died en r o u t e .エ did not see these nen's bodies renoved from the box cnrs. I prasune thesv was left right in there. We were taken to a stockade by a school house in Cabanatuan Y^here we rere giver a meager meal of dirt” rice,1:0 and were l eft to 1 ay or this "^tockade with rc shelter overnight ir an intense rain. The next morning we were formecoon a road and parched twenty kilometers to Camp No。 3 outside cf Cabanatuan which had been a PhilipiDire corstabularスr trairing camp. There viere t列o men who were with me. One man, a Cor’'"^oralソOCD of tl̂ e Marine C O T D S , had received a shell fragment in his 1 eft shoulder and up tc that time had received no medical attention, "which caused the wound to abscess and beccrre very in-^lamed;' and, 'A'ith this shoulder, he was still forced to make this t'-'entv-Vilometer hike to Cam” No。3. Q At Palawan, Sergeant, what provisions were made for the ； u n e r i c a r ] prisoners of war "with respect to iredical. •facilities? 4 9 0 1 2 3 4 5 6 7 8 9 20 21 22 23 24 25 G b K a a u # 21 22 23 24 25 15,211 BOGUE DIRECT A The only medical supniies the Japanese .•f̂ urn is he d while at Palawan was (quinine and some lotions for the feet due to the fact that v^ry few shoes were available and the men‘s feet were cor— stantly bresking out'with ulcers and sores; and as . malaria was quite common there, quinine was furnished, and when asked why the Japanese we're furnishing the quinine, the interpreter said that "We must get this Vb'crk done so vve must keet) you prisoners well.", Q Was there a Japanese hospital there? A One c.f the buildings had beer taken over by the Japanese and made into a hospi tal with a large red cross rairted on the top; out this vi'as solely used for and by the Japanese. Q What hospital facilities were provided for the Aniericar prisoners -of ?;ar? A There was a sir.all room right at the entrance to the compound which vas deslgrated as the sick bay and dispensary. Q With regard to doctors, were Japanese doctors provided or American doctors? I A Upon our arrival at Palawan we had two Airerican doctors, a Dr。 Hickman and a Dr. Mango. As Dr. Hickman was transferred frorc Palawan in September, 1944^ Dr. Mango remained-. 15,212 BOGUE DIRECT 2 3 4 8 9 0 1 2 3 21 22 23 24 25 Q Did he provide medical attention for the American TJP is oners of war? A The two American doctors were the only 一一 besides two or three medics, also American,were the only source of iredlcal attention available for the Air.ericans. Q What was tKe work in which you were engaged at Palawan? A Our work at Palawan Â'as to build a military airstrip, Q Of what did that work consist? A It consisted of clearix丨g out the area on this Puerto Princesa peninsula there in intense jungle with no tools other than picks, shovels, mattocks, and a few trucks -- no other machinery or rrechanized equipment. Our work would begin early in the morning until late ir) the evening. The jungle was ••一 well it Yゾas very dangerous to work in this .lungle due to the fact that iralaria was prevalent and we had no clothes -- did not have the proper clothes, food or shoes to protect us. The work was also very dangerous due to the ^act that there was considerable rumber of trees on this area which had to be cut down; and there was several times when there was -- it was just by sheer luck that nobody 15-213 B O G U Z DIRECT « 8 9 21 22 23 24 25 was crushed to death from these falling trees. Gradually, as we got the jungle cleared out, we were forced to work in the open ir. a blazing hot sun from the. morning -- from the time we went、 to worls in the mornlnf until the time we quit at night. Some days it a l l - - i t would all depend on which commander was in charge, we xvould be allowed a five-minute break every hour^ other times a fifteen- minute break, once Ir the morning and once in tl e afternoon. If e.t any other time a mar tried to raise up for a few minutes rest, he was severely beaten by the Jaioanese guards. yie also received approxiirately one canteen of water for ore day. The food consisted of approx- iipately half a level American mess kit of rice with some watery -- salt watery green soup. After we • had the field somewhat ready for planes, we were" then -- we then started corstruction on defense measures for the field which consisted of building the revetments for the tdlanes, dugouts arid gun positions for the troops, ‘ Q s-Tien did the bombing attacks begin at Palawan? A On O c t o b e r 1 9 , 1 9 料 . Q Were prisoners assigned to work in connection 15,214 BOGUL DIIiECT 2 3 with those attacks? A I don't quite understand that question, 20 21 22 23 24 25 15,215 BOGUE DIhECT % -2 3 2i 22 23 24 25 Q The prisoner Sted.hao 一一 was there a priso- ner there named Ste dlaa.iu.̂ A Yes, sir. Q Yn&s he Injurec in the course of work assigned to hlni at Palav/an? i： Yes, he was. Our work dici not stop due to the ふじerican sir raids at this point。 We con— tlnaeo to work on the air field curing the actual eir rpids rjia the interval betv/een. It v/as curing one of these raids when we were ceu?ht out on the air strip that S ted Jar ra was injured, Ke received a hit in the back of the hesd froii either a bonb fragment or 8 rock, which c a usee, s large gosh across the base of his skull, corapletely paralyzing his body. He was brought into the coL.pouncI, where Doctor M5;ngo and s Japanese doctor looked over his wounds. The Japanese doctor told Doctor liango that he must do what he c , as the Japanese n)e':icsl supplies were very neager and they were very sorry that 'ohey was uncble to help; so Doctor Ldango made his own tools outside of a pair of forceps anC a sccilpel, and by opening the wounc：, Stedfea's wound, snd probing e little bit every clay he s grp .duc?lly 15,216 BOGUL DIIiECT 2 3 8 9 0 1 2 3 21 22 23 24 25 getting feeling back to Stedbaioi's boこy。 During th^se treatments by Doctor Mango _ cu Stedham no anesthetic was used。 Previously a Corporal LIcDole, of the United States Larine Corps, wss stricken with appendicitis. ムfter it was quite apparent to the Japanese doctor, who would check McDole every day to see if he Vi/as getting better or worse, th&t it was an acute attack of • ppendicltls, he told Doctor liango that he must operate。 Doctor Mango was very glad to hear this. They also permitted L i c L o l e to be taken to Iwr.hig, to be assisted by a F.ilippino doctor who vies there, but when tb'i； actual operation was sbout to be per- formed Doctor Mango discovered he r;iust operate with one snail light, which the electricity Vv£s furnished by a very small motor, one scalpel, and a few for- ceps that hscl not been used In quite sorretlr/is, nnd no anesthetic. Even with these handicaps Doctor Mango, after talking it over with LxcDole, agreed to proceed with the operationン The operction took approximately three and a half hours, and after the operation, that Is, sfter thfc appendi^c hs'" been re no V eel,Doctor Liang o was forced to use sbsce. fibre to sew up the incision。ム few days later after this operation McDole wcs pgain returned to the con.poimd 15,218 BOGUL LliiECT 3 4 21 22 23 24 25 c Tiers as to their oisposition。 jlfter two days of this torture they were marched out just behind the Lain camp area, visible to almost all men in the camp, where four very shallow graves had been dug. They were'forced to stand in the ends of these graves, and shot. They were then covered up end the graves were left unmarked. On Palawan four iieri had been caught supposed- ly talking to the natives and for having several cans of corned beef in their possession that the Japanese claimed had been stolen froi:： the store room. These nen were thrown Into s cell snd they were left without fooc! or water for -two ；lays。 I'hen, without trial, they were forced to hug a coconut tree, and while so doing, a Japanese v/ould stand behind with with a wire v;hip approxiniately three feet long and severely lash hiじ with all his strength across the center of the back. This lashing continued until the Japanese could swing no r.ore. Another Japanese then stepped up v/ith a pole approximately six feet In length and maybe two to three inches In dianeter and severely beat the men across the buttocks until they too could swing no nore. THE PiiESIDEIIT: Beat what nen across the 15,219 BOGUE D l h M « 8 9 buttocks until they too could swing no more? THE WITNESS; These four uen that had been accused of talking to the .<?• ilippinos and stealing corned beef froci the Japanese store room. BY CAPTAIN KOBIWSOW (Continued): Q ttTio were these men? ム They were four of the American prisoners of war there. Q You v/itnessec； the beating, did you? A エ did. ‘ THE PK&SIDENT: We will adjourn now until half-past nine tonrrrow norning. (Whereupon, at l600 an adjournment was taken until Wednesday,15 January 1947， at 0930, 8 19 20 21 22 23 25 s B ^ S S S H I ド " 4 ” jg：•ム驟 . ’ . . . 本 观 す . , 有 ぺ ト . , & ベ 赞 へ 狡 々 〜 ' で い ビ . パ へ せ : も • 鐘 惑 : ^ :む： . :淺」 ^mrnm l i i 纏 ： よ • r j i眷i參 • r J 0 .亦；.：- 前 : . _ ！ ： 轉 っ レ 章 - - 1 , デ ) 户 . パ ’ 、 . も : : ， 暮 . ， - - - . i ; . •• 1 ンSfi&î.了”；:':.:. 1 肩 ' C i . . : り 麗 變 ： ， . . , . 熟 。 imm M 咖 ： 遍 家 . . - レ ‘ m.2� ； : F • ヤ _ • 翻 Iへ-なら:::.へ"^，、:邏•./淨.デ，じ.“.,，二で.つ.：. . . . . ' M M ^ M ^ ン • : 糖 ^ ^ ぐ : 論 - 憂 編 纏 i ^ l 零 、 . g 管 V : . : ま ；fetS叙.分;IS•知.;:々 -、J.:ふ,；T ‘ぶ..々 源 A:.い'/。 表 ハ ム U M M ^ ^ , ..fh^"^:紀ヒ〒一,
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January 14, 1947 - Index (p.15,107-15,219)
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