AtoM
David Conde fonds
International Military Tribunal for the Far East
Trial transcripts
Conde, David W.
application/pdf
17 JANUARY 1947 I N D E X OF WITNESSES Prosecution's Witnesses Gabr illagues , Fernand, Captain, French Army (resumed) Cross by Mr. Logan (cont'd) '» by Mr. SHIMANOUCHI " by Mr. Brooks (Witness excused) SUZUKI, Tadakatsu, (Recalled) Direct by Mr. Woolworth Cross by Mr. Logan " by Mr. Blakeney Redirect by Mr. Woolworth (Witness excused) Page 15455 154 55 15468 15470 15472 15506 15506 15516 15528 15533 15533 Doc. No. 2899 2901 I N D E X OF EXHIBITS Pros, No. 2158 2159 Def. No. Description Note addressed by the U. S. Acting Secretary of State to the Charge d'Affaires ad interim of New Zealand Legat ion, Y/ashington, on 31 May 1945 For Ident. Summary of Evidence of JAG Report No. 33 on the Tor- ture and Murder of the members of the Chinese Con- sulate in Manila in January 1942 In Evidence 15473 15474 I N D E X Of EXHIBITS (cont'd) Doc. Pros. Def, No. No. No. Description For I dent In .Evidence 1993 2160 1996 2161 1997 2162 1995 2163 1999 2164 1998 2165 1509C 2166 1509D 2167 5219 2168 Affidavit of Lieutenant Colonel Ivan Fedorovitch Pozinzky 15483 Affidavit of Major Yakov Vasilievich Omelc-henko 15485 Minutes of Interrogation of Colonel Vladimir Ivanovitcn Kobzev 15487 Affidavit of Nikolai Ivanovitch Tomilin 15489 Extract from Affidavit of Isamu Amano 15491 Minutes of Interrogation of Nicholai Alexeevitch Romanov 15494 Concerning the Submittance of Report on the Use of War Prisoners in connection with the Construction of the Siam- Burma Railway 15500 Re Employment of Prisoners of War in Construction of Thai- Burma Railway 15500 List of Japanese War Criminals Charged under War Crimes Act 1945 by Australian Military Authorities and dated 9 April 1946 15503 I N D E X Of EXHIBITS (cont'd) Doc. Pros. Def. For In No. No. No. Description Ident. Evidence 5239 2169 List No. 2 of Japanese War Criminals Charged under War Crimes Act 1945 by Australian Military Authorities and dated 31 1946 1 5503 3000-10-B-l 2170 Transmission of the Notes from the American Govern- ment re the adherence to the Provisions of the Inter- national Treaty and the Red Cross Treaty of 27 July 1929 re Treatment of Prisoners of War, dated 13 January 1942, No. 53 15508 3000-10-B-2 2171 Same as above, dated 21 January 1942, No. 5 15509 3000-10-B-3 2172 Same as above, dated 13 January 1942, No. 17 15511 3000-10-M-l 2173 Transmittal of the American Government's Protest re the Treatment of Prisoners of War and Civlian Internees under Japanese Jurisdiction, dated 12 February 1944 15513 3500-10-S-l 2174 Protest from the American Government with regard to the Treatment of Prisoners of War in the Philippines 15514 I N D E X Of EXHIBITS (cont'd) Doc. Pros. Def. For In No. No. No. Description Ident. Evidence 2242 2175 An addition to document No. 2242 (exhibit No. 753) and a new photostatic map attached thereto 15541 2955 2176 Report by Prof. Chang Feng-Chu, Handwriting expert, re the handwriting of Prosecution Witness Henry Pu Yi re letter written by Pu Yi to Defendant General MINAMI 15543 1908 2177 Volume 63 of 65 "Proceedings Tokyo Court of Appeals" marked 46. "May 15th Incident and 0KATfrA Faction" 15556 1 5556 1 2 3 4 5 6 7 8 9 10 11 12 I 13 14 15 16 17 IS 19 20 21 22 23 24 25 Friday, 17 January 1947 INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST Court House of the Tribunal War Ministry Building T okyo, Ja pa n The'Tribunal met, pursuant to adjournment, at 0930. Appearances: For the Tribunal, same as before. For the Prosecution Section, same as before. For the Defense Section, same as before. mm mm «•» 1 (English to Japanese, Japanese to English, French to English 3nd English to French interpretation was made by the Language Section, IMTFE.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f GABRILLAGUES MARSHAL OF THE COURT: The International Military Tribunal for the Far East is now in session. THE PRESIDENT: All the accused are present except OKA17A, ARAKI, MATSUI and TOGO, who are repre- sented by their counsel. We have a certificate from the prison surgeon at Sugamo certifying that the accused ARAKI, MATSUI and TOGO are unable to attend • the trial today on account of Illness. The certificate will be recorded and filed. Mr. Logan. MR. LOGAN: If the Tribunal please. 15,45 CROSS 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 € GABBILLAGUES CROSS 15,455 P E R N A N D G A B R I L L A G U E S , called as a witness on behalf of the prosecution, resumed the stand and testified further through French inter- preters as follows: CROSS-EXAMINATION BY MR. LOGAN (Continued): Q During the course of your investigation you, of course, found out that the Japanese troops entered Northern Indo-China in 194-0, isn't that a fact? A The Japanese troops entered Northern Indo- China. Q And you also found out that they entered Southern Indo-China in 194-1, isn't that so? A I have not worried about this question. Q Irrespective of whether you v/orried about it, have you found out that to be a fact? A The documentation which I have consulted does not allow me to answer that question — to give an answer to that question. Q Irrespective of the documents which jrou have consulted, is that a fact? A It Is possible. Q Irrespective of whether it is possible or not, is it a fact? A I say that it Is possible but I cannot give 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GABBILLAGUES CROSS 15,456 any precisions. Q Do you mean to tell us that you have made all these investigations ard you do not know when the Japanese army entered Indo-China? A I know that there were Japanese penetrated into Southern Indo-China but I do not know the exact date of the penetration. Q What is your best recollection on it? THE PRESIDENT: This is utterly trifling and we do not want his assistance on these points at all. He says he does not know and let us leave it at that. You are not testing his credibility effectively that way, Mr. Lcgan. It is possible he does not know the exact date; I do not. I would have to refresh my memory from the evidence. MR. LOGAN: I am not asking these questions, if the Court please, to test this witness' credibility. I am asking it to try and ascertain the facts, THE PRESIDENT: I will read this note: "Counsel might test his credibility by this line of cross-examination. I think at present the witness is hedging." I do not agree. "Hedging" is the last word in that note. Q From your investigation what was the earliest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GABRILLAGUES CROSS 15, year that you found out that the Japanese w re in -- entered Northern Indo-China. MR. ONETO: I object to the question as being immaterial, Irrelevant and beyond the scope of the witness1 statement. The witness, Mr. Gabrillagues, has been called here to testify on things which are within his functions, that is, atrocities. He was not present when these — when the facts referred to took place. The question put by counsel refers to the general phase of this case which is already passed and this, the present phase, Is on atrocities and only atrocities. THE PRESIDENT: What have you to say, i Mr. Logan? I MR. LOGAN: I prefaced my question by asking him whether or not he obtained this information from his investigation which brings it squarely within the statement made by this witness on direct testimony, He has made this statement referring to various alleged atrocities. It is important to find out just when the Japanese army entered Indo-China to see if it was actually present at the time of these alleged atrocities and to investigate the further situation of the resistance troops operating in Indo-China. THE PRESIDENT: The question is allowed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C-ABRILLAGUES CROSS 15S Objection overruled. A I cannot give you any precise date. My recollections are not very clear. I recollect some complaints which were — which date from 194-3, 1942, 194-5, 1946, but my recollections are not very, very clear on this point. 15,459 GABIiILLAGUES CROSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L 0 Let me ask you this, then: Is it a fact that after the Japanese troops entered Indo-Cbina there sprang up a Resistance movement? A The documents do not allow me to answer in a precise manner to this question. Q Well, what would allow you to answer that question? A I was at the war crimes office in charge of researches on crimes committed by the Japanese Army. Complaints were received and on the basis of these complaints I began my investigations. My work was a material work of researching what crimes had been committed and where the criminals were, so that they could be rounded up. 0 Have you finished? A Yes. 0 Yesterday you referred to the underground. Will you tell us what you meant by that? A During my researches I have sometimes found the word "resistance," "underground," in l-e docu- ments which I have seen. Q Did you investigate to find out what this underground or resistance was? A No. Q Weren't you interested, as the person in GABRILLAGUES CROSS 15,^60 1 2 charge of the investigating "bureau, to find out what this Resistance group was? 3 A I did not take up that matter. 4 0 Did you ask anybody else to take it up? 5 A Absolutely not. 6 0 Do I understand you, Mr. Witness, that you 7 appear in this Tribunal and present affidavits where 8 you mention "Resistance group" and "underground," 9 and you mean to tell this Tribunal you don't know what 10 it means? 11 A I do not understand — I do not very well understand the question as it has been translated. 13 MR. LOGAN: May I have it re-translated, your Honor? (Whereupon, the last question was re-interpreted.) A I did not present any affidavits to this Tribunal. I only — I have only told of them what I had done, or the work that I had done, in the war crimes office. Q Well, let me ask you this question: Do you, of your own knowledge, know what the Resistance group was? MR. ONETO: Mr. President, I object to this question because I do not find on what part of the 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 15,4-61 GABRILLAGUES CROSS statement the counsel bases these questions. THE PRESIDENT: It is not for you to take objections. You answer the questions until objec- tion is taken by counsel and allowed. THE FRENCH INTERPRETER: Mr. President, the translation was just given of Mr. Oneto1s objection. THE PRESIDENT: Well, that is all right. I misunderstood it. I was reading his statement when Mr. Oneto was speaking. I think the question is allowable and should be answered. It is quite a simple question. A I believe that I have already answered this question. 0 Well, answer it again, will you please? A I answered that in the documents that I had I found a few — several times, the word "resistance." Q I understand what you said, Mr. Witness, but that isn't the question I put. I am asking you now: Do you know, of your own knowledge, what the Resistance movement was. A I have no precise knowledge on movements of the underground — movement of the Resistance. 0 Well, what was that movement? A What I could tell you would only be a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,463 GABIiILLAGUES CROSS r e 2 e ? 3 e 4 r g 5 & 6 B 7 a r 8 t o 9 n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE PRESIDENT: Well, we have no reference board as far as French i" concerned. We have nobody to whom to refer that, and I cannot accept any cor- rection from the floor. Afte^ consulting one of my colleagues, I think that the following questions are pertinent and I will ask the witness to answer them« Did the members of the Resistance wear uniforms? THE WITNESS: I have not been able to ascertain it. THE PRESIDENT: Of course, we still have crimes against humanity to corsider. MR. LOGAN: I appreciate that, your Honor, but they are on different counts in the Indictment. BY MR. LOGAN (Continued): Q Well, tell us what you beard this Resistance Movement was? A I practically have no knowledge of the movement -- concerning the Resistance Movement. I only received complaints from victims of atrocities of the Japanese Army, and I confined my'"activities to that. Q Isn't it a fact that the Resistance Movement was started in Indo-China against the Japanese and 1 L. 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GABBILLAGUES CROSS 15,464 the Vichy Government in French Indo-China? A The documentation which I have seen does not allow me to answer your question. MR. LOGAN: If the Tribunal please, I think I have been patient about this. I think we ought to have a direction and make this witness answer these questions. THE PRESIDENT: Witness, do you, in fact, know anything more than appears in the documents? THE WITNESS: All that I have heard beyond that I consider as hearsay, and I cannot give evi- dence of these before this Tribunal. THE PRESIDENT: You can. You are mistaken. You must answer from hearsay, but you can say the source of your information. THE WITNESS: I haven't heard any informa- tion on this point. BY MR. LOGAN (Continued): Q When you were in the Colonial Service of the French Colonies in Africa, were you in the Vichy Army or were you in the Resistance Movement from / that point onward? A I was mobilized — I was drafted February 1, 1943 — no: 1944. Q Do jt-ou understand English? 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 LS 19 20 21 22 23 24 25 C-ABRILLAGUES CROSS A (In English) Very small. Q Was that year incorrect that vias just given over the translation system? A (In English) It seems that the number — (In French) I think that the number given, "4," is not exact — is not correct. It is " '4-3." Q What time were you a member of the Resistance Movement? A I was drafted February 1, 194-3 in the French Army of Africa. Q Was that under the Vichy Government or was that in the Resistance Army? A In the French Army of Africa. Q Was that as a member of the Resistance Group or a member of the forces of the Vichy Government? A It was as a French citizen who was still under military obligations. THE PRESIDENT; It is suggested to me that if you use "Free French" instead of "Resistance," you might get more satisfactory answers. Q Were you a member of the Free French? A Since February 1, 1943 I belonged to the French Army of Africa, the only army which was ir Africa. Q Were you under General Le Clem? I 2 3 4 5 6 7 8 9 10 11 12 f 3 14 15 16 17 13 19 20 21 22 23 24 25 GABBILLAGUES CROSS 15,466 A I did not say that I was in Africa. I was in West of Africa -- in French West of Africa. Q I didn't ask you that. Were yru under General Le Clerc? A General Le Clerc was not in the West of Africa. Q Were you under him? A Absolutely not, Q Then were you under some General of the Vichy Government? A I do not think so. Q Do you seriously want this Tribunal to understand from your testimony that ycu were fight- ing for France but you didn't know which army you were in? A I was only thinking of fighting for France. Q And you didn't care which army you were in, is that it? And, furthermore, you don't know which army you were in, is that it? A I was in the French Army. THE PRESIDENT: The French Government employed him on war crimes, apparently, and that is the Free French Government. Q From whom did you receive your pay from 1943 on? GABRILLAGUES V CROSS 15,4-67 A The Disbursing Officer of my unit. THE PRESIDENT : Mr. Logan, this is trifling, I say it again subject to any Member of the Tribunal having a different view. MR. LOGAN: It may be trifling, your Honor, but to me it is more serious than that. A witness comes here and testifies the way he has. I'm trying to find out just what the situation was as he investigated it so that he can give this Tri- bunal some information on these alleged crimes, BY MB. LOGAN (Continued): Q Tell me this: Did you ever check to find out if any of the charges made in these affidavits which were submitted by you were false? A It was not for me to judge whether the wit- nesses have made false depositions. Q I am not talking about the depositions; I am talking about the charges in the depositions. A That is just what I wanted to say: If the accusations presented in those depositions were false or not. Q And you made no check to find that out, is that it? A It was not in my province to judge of the exactitude or the directness of witness — of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,468 GABBILLAGUES CROSS depositions made. Q Now, is it a fact that these people who claim to have suffered these alleged atrocities were members of the Resistance Force? A Yes, certainly. Q And the civilians also mentioned in these affidavits, were they assisting the Resistance Force? A Some did and some did not. Q And General Martin was the one in charge of the Resistance Force in Indo-Ch:na? A I do not know. Q Did you make any investigation to find out? A I did not try to find out. MR. LOGANs That is all. THE. PRESIDENT; Counsel SHIMANOUCHI. OR OSS-EXAMINATION (Cont inued) BY MR. SHIMANOUCHIs Q Mr. Witness, what is your age? A I was born January 1, 1918. Q You testified, Mr. V\fitness, that you were a student prior to the war. Then were you drafted in the Army in September, 1942? A I stated that it was on February 1, 1943. Q Up to that time were you occupied in some 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C-ABRILLAGUES CROSS profession or vocation? A I was a student, and then I T,ent to Africa as a Colonial civil servant. Q What duties were you assigned to after you wore drafted? A I was infantry platoon leader. Q Have you, Mr. Yi/itness, "before you took up your work with the War Crimes Office in September, 1946, engaged in any legal business either as a prosecutor or a lawyer? A Not at all. Q Mr. Witness, you have testified as follows in the latter part of Court exhibit 2157. In this passage, Mr. Witness, you state as follows; "Colonel TSUNEYOSHI further stated that General TSUCHIHASHI, Commander-in-Chief of the Japanese troops in Indo- China, to whom the massacres of the prisoners at Langson were reported, declared in these very words; 'Act as if I knew nothing about it.'" Does this mean that General TSUCHIHASHI was afraid that other people might know that he, himself, was connected In any wa y with the massacre at Langson when he heard about it? A I am only repeating what Colonel TSUNEYOSHI told me and adding no commentary to it. I am not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C-ABRILLAGUES CROSS interpreting it. Q Then, was it your interpretation that Lieutenant General TSUCHIHASHI was afraid of reporting this massacre to the central authorities ir Tokyo -- was afraid that this massacre would be reported to the central army authorities in Tokyo? A I cannot give my impression on this subject. MR. SHIMANOUCHIs That is all, sir. THE. PRESIDENT: Captain Brooks. CROSS-EXAMINATION (Continued) BY MR. BROOKS: Q 'Mr. Witness, in your investigation, did % you investigate to see if any of these alleged acts were taken 1 y way of reprisal? A I think that in certain localities the V Japanese may have been irritated by the actions -- / by the attitude of the French population. Q Did your investigation show that certain actions complained of were to suppress and deter the activities in resistance of franc-tireurs or others? A The massacres at Lanjson and other places certainly did not aim at suppressing the activities of franc-tireurs. GABIiILLAGUES CROSS 15,471 M 0 r s e & W h C; 1 € n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did your investigations uncover any actions' that would classify the participants as Franctireurs? A In my deposition I have not spoken of re- lations between the Japanese end those that may be called Franctircurs. Q In other words, you never made any investiga- tion ps to the matters that might have been in justi- fication of some of the actions to which you have testified to? A (No answer) MR. BROOKS: I didn't get the answer. THE PRESIDENT: Did you try to find any reason why the Japanese acted rs they did? THE WITNESSi• I did not try to discover any reasons. I may have had some echoes of this in the complaints. MR. BROOKS: That is all. MR. LOGAN: No further cross-examination. If the Tribunal please, at this time I move to strike out and disregcra all the evidence presented of a lie g€ d a trocities in Indo-China on the ground that the evidence shows that these resistance troops were not lawful troops of France, they were fightirg con- trary to the orders of their own logally recognized government, and cannot claim rights as prisoners of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,4-72 war under international law but fall intr the classification of guerrillas or franc-tireurs. THE PRESIDENT: Of course, there is no such evidence as you claim, Mr. Logan. We will, at the proper time, pass judgment on the evidence we have heard. The application to deal with the matter instanter is dismissed. Mr„ Cneto. MR. ONETO: Mr. President, there will be no redirect and I ask the permission of the Cov^t to let the witness stand down. THE PRESIDENT: The witners is excused on the usual terms* (^hereupon, the witness was excused.) MR. JUSTICE MANSFIELD: If the Tribunal please that is the end of the French puase of the atrocity part of the prosecution. Mr. Lopez now desires 'Co tender to the Court sore two documents which he omitted to tender before. MR. PRESIDENT: Mr. Lopez: MR. LOPEZ: At the request of the New Zealand and Chinese representatives we are introducing as additional evidence on atrocities in the Philippines committed by Japanese Armed Forces on a New Zealand priest and the members of the Chinese Consulate staff at Manila. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,4-73 We formally tender in evidence IPS document No. 2899 which is an extract from a note addressed, "by the United States Acting Secretary of State to the - Charge d1Affairs ad interim of New Zealand Legation, Washington, on 31 May 1945. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 2899 will receive exhibit No. 2158. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 2158 and received in evidence.) MR. LOPEZ: From this document we read the following: "The following is quoted from a recent report of the Americm Consulate General at Manila: "'I have the honor to refer to the Depart- ' I ment's airgrrm No. 4 of March 10, 1945? transmitting a communication received by an officer of the Department from the New Zealand Legation at Washington concerning the whereabouts and welfare of four Catholic priests and to report that Martin Strong, Arthur Price and Thomas Dwyor are ir. good health and at present are being quartered in the New Bilibid camp at Muntinlupa. "'according to information received by Arthur Price through Philippine sources, Vernon Douglas was 1 2 3 4 , 5 6 7 8 9 10 14 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subjected to extreme torture in the presence of a large group of Filipinos at Pililla Convent, Pilllla, Rizal, over e period of three days in July of 1942. "hen lest seen by eye-witnesses.one eyeball was hanging entirely out of his heed and there was a large hole in his fore- head. According to some reports-he was then taken to Pacte, Lrguna, and subsequently to -Santa Cruz but it is the belief of Arthur Price that he died near Pacte-. "' Wc further-introduce- in-evidence document No. 2901 which is-a summary of evidence of JAG Report No. 33 on the torture and murder of the members of the Chinese Consulate in Manila in January, 194-2. THE FBISIDENT: Admitted on the usual terms. CLERK OF THE COURT:- Prosecution's document" No. 2901. will receive exhibit No. 2159. (Whereupon, the document above referred to was marked prosecution1s exhibit No. 2901 and received in evidence..) THE" PRESIDENT: Are you.goine to read much of this? MR. LOPEZ:- We read the whole-document, if your Honor please. THE- PRESIDENT: We will hear it after the recess. ire will recess now for fifteen minutes. ('"hereupon, at 1045, a recess was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taken until 1100, after which the proceedings were resumed as follows:) 1 , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,476 MARSHAL OF THE COURT: The Tribunal is now resumed. THE PRESIDENT: Mr. Lopez. Why are you not proceeding to read? MR. LOPEZ: I will reao the entire Summary of Evidence. "Briefly summarized, the evidence adduced by the Investigator-Examiners is to the effect that: "When the Imperial Japanese Forces entered Manila on 2 January 1942, the Consulate officials representing the Republic of China in Manila, and consisting of Ir. Clarence Kuangson Young, r.ai Yien Mok, Siao Pin Chu (I. P. Chu), Yu Ileng Loo (Ping-Se Lu) , T-3U Siu Yao, Tom Ming Siao, Ching Siu Young and James Kung Wei Wang, proceeded to hide in the Swiss Consulate in Manila with the exception of Dr. Young who moved to the Manila Hotel. These offi- cials remained at the Consulate for a few davs, returning to their homes at No. 15 Brixton Hill, Santa Mesa, Manila, by 4 January. "About 8 January they were all taken into custody by the Japanese and interned at Villamor Hall, University of the Philippines, Manila, for examina- tion and interrogation. They were confined in the music practice room about six by twenty meters in size 15,477 1 on the second floor, without any mattresses, cots, 2 clothes or food except that which was brought to them 3 by their respective families. The treatment accorded 4 them in the beginning was fair and they were permitted 5 to walk in the university garden and around Villamor 6 Kail under guard while their families were allowed to 7 visit them because their captors were trying to obtain 8 their cooperation. The Japanese in charge of the 9 Consulate Group were members of the Military Police io Command whose headquarters was located at Fort Santiago, n Intramuros, Manila. 12 "From. 8 January to 28 March they were 13 questioned by the Japanese and it was reported that 14 lr. Young was asked about 15 March b.v Lt. Col. OHTA, 15 Commander of the Military Police, how much the Chinese 16 in the Philippines had contributed to the Chungking 17 Government since 1937 to which Lr. Young replied 18 1about twelve million pesos.' This officer then stated that if the Chinese could contribute that much to the Chungking Government, they could contribute more than that amount to the Japanese Army, and demanded that Lr. Young inform the Chinese people in the Philippines to contribute twice that amount within three months, ordered him to denounce the Chungking Government under Chiang Kai-Shek and recognize the ang Ching Wei (puppet 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,478 Government. Furthermore, the Japanese Commander gave Lr. Young three days to make a decision but after dis- cussing the matter with his colleagues he replied that he could not meet the demands. "The Consulate Group were transferred to Fort Santiago, Intramuros, on 28 Farch, where they were placed in Cell 14, located in a temporary building without windows and with meager ventilation facilities. They were rarely allowed to receive their families and the usual means of conversation with them was through a slit in the cell. They had: nothing to sleep on except empty rice sacks, wore only their underwear and were allowed out of the cell once a week for the purpose of bathing ana exercising. "The treatment received at Fort Santiago was very poor, so on 5 April, Lr. Young complained to raj or NISHII'JURA, who was in charge, that there was not even a place to rest or sit down in the cell. On 16 April the Japanese informed the Consulate Group that they would be removed to Muntinglupa Internment Camp, Rizal Province. "Mrs. Kay Lo Mok last visited her husband on the morning of 17 April at ten o'clock when she was informed by the Commander of the Military Police at Fort Santiago that the wives coulo return and visit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,479 their husbands on the following day. At 1700 hours on the afternoon of 17 April, Mr. Ang Tian Sang of the (Pro-Japanese) Chinese Association informed Mrs. Mok and Mrs. Yang Si Cheng Yao that there would be little use for the families of the Consulate Group to try anal see their husbands again at Fort Santiago as they had been transferred. In snite of this, Mrs. Clarence K. Young, Mrs. Mok, Mrs. Felisa Cu Loo, Mrs. Shirley Shao Wang, Mrs. Ruby Wang Siao and Mrs. Yao returned to Fort Santiago on 18 April anc were told by the Commanding Officer that 'They are not under our custody anymore. Taey have been transferred to the Army.' Mrs. Mok then went to a Military Chief whose name is unknown and asked him where her husband was and she was told that he was far away and that his whereabouts was secret, but it was suggested that she return in ten or twelve Gays for an answer 'after he had wired the Emperor.' She waited for this period to elapse and returned to the office of this Military Chief who tola her that he was sorry that he could not give her an answer because ! the Emperor said 'No' and he added, 'Lon't corne here anymore.' The wearing apparel and personal property of the Group were thereafter returned to their families except articles which the husbands had carried on their persons. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,480 "Between 16 and 19 April two internees at Fort antiago, Joaquin Pardo de Tavera and Jovito Salonga, saw hree or four Japanese officers with pistols and sabers ine up the Consulate Group in front of their cell, ie their hands and march them away. Actually, at bout 1400 hours on 17 April a. Japanese convoy including Military Police automobile, one truck filled with apanese soldiers and another with the consular fficials with guards, entered the gate of the Chinese emetery, Santa Cruz, Manila, proceeded towards the hinese chapel ano turned off to the right on a road which assea beside the grave of Lai Yip Sang in Section 25. he motor caravan then turned to the left, crove across he open field about 100 yards from this latter grave nd stopped. The entire Consulate Group was taken from he truck and caused to sit on the ground in a circle urrounded by the Japanese soldiers. An unknown riest, presumed to be Japanese, moved around the circle fter which the Chinese were lined up in front of a reparea grave eight meters long, with their hands tied ehind them, blindfolded, and caused to kneel while a apanese soldier with a rifle stood behind each of the ight officials. After an officer mace an inspection, ach soldier shot his victim and those who did not die nstantly were bayoneted, after which the soldiers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,481 threw some loose earth over the bodies in the grsve in Section 9, anc then departed. "Other laborers in the cemetery were directed to complete the filling of the grave and a wood marker bearing four Japanese characters meaning 'community grave' was placed thereupon. Mr. Pelagio Reyes, Superintendent of Cemeteries, Lepartment of Health, Manila, whose office was 200 meters away from the Chinese Cemetery, recorded in his book without the knowledge of the Japanese authorities the date of burial and number of bodies interred there during the Japanese occupation. Such records disclose that at 1500 hours on 17 April 1942 eight bodies were buried in a grave prepared upon the order of the Japanese. He marked his record of the burials 'asst'd' (assorted) since he was not certain of their nationality at that time. "On 14 June 1945 the ronains of the right bodies were exhumed from the common grave in Section 9, Chines^ Cemetery, in the presence of Shirley Shao Wang, wife of James Kung Wei Wang, Alfonso Young and Yu King Hun (Young King Hun), brothers, and Wy Chut Young, mother of Ching Siu Young; Ruby Wang Siao, wife of Tom Ming Mao; May Lo Mok, wife of Kai Yien Mok; Felise Cu Loo, wife of Yu Heng Loo; Yang Si Cheng Yao, wife of Tsu Yao. Thesp relatives were able to positively 15,482 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 identify the bodies as those of the eight Chinese Consulate officials from the shape of their respective skulls and personal property of the victims found in the grave. Mrs. Mok recognized the horn-rimmed glasses found in the common grave as those worn by her husband, and many of the wives of the Consulate Group further identified Dr. Young's white, gold-rimmed and sun eyeglasses, Mrs. Wang, Mrs. Mok and Mrs. t̂ iao believed that a pair of shofs discovered in the grave belonged to Mr. Wang since he had always had two holes in the toes. The red pencil found in the grave of Mr. Loo was the same one which Mr. Chang Chin had given to Mr. Loo during the time he had acted as Deputy Consul in the Chinese Consulate from 1935 to 1940. A brown leather belt taken from Mr, Loo's grave was the one which ho had previously purchased before being taken prisoner and his wife was further able to point out that the Dr. West 'Miracle Tuft' toothbrush taken from the grave was identical with the one she had taken to him when he was at Fort Santiago. The upper jaw of the skull of Mr. Loo was examined and a tooth with a silver filling was identified while a toothbrush and a pair of eyeglasses rimmed with silver and a flowery design were found and identified as those of Mr. Yao, Mrs. t-iao identified her husband's silver tooth found in 15,4-83 9 10 n 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 his skull; and the suspenders of Mr, Chu and Mr, C.S. Young. There were also taken from the grave a cigarette holder and toothbrush which were recognized as belonging to Ching Siu Young, His mother, Wy Chut Young, and brothers, Alfonso Young and Yu King Hun, further identified the shape of the skull and his four front upper tooth found in the grave," THE PRESIDENTS Mr. Justicc Mansfield, MR, JUSTICE MANSFIELD: If the Tribunal please, evidence will now be introduced of Japanese atrocities committed against members of the forces of the Union of Soviet socialist Republics. The prosecution offers in evidence prosecution documrnt No. 1993, which is the affidavit of Lieutenant Colonel Ivan Fedorovitch Pozinzky, I shall read paragraph 3 thereof. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 1993'will receive exhibit No. 2160. (Whereupon, the document above referred to was marked prosecution's ex- hibit No. 2160 and received in evidence,) MR. JUSTICE MANi-FIELDS (Reading) "On August 2, 1938, I was a captain and arrived with the Artillery Regiment in the area of the Lake Hasan. The regiment had a task to coordinate with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,484 other units of the Rrd Army and to drive the Japanese troops out of the Soviet territory. I must say that by that time the Japanese had been driven out of the area south of the Lake Hasan, but still they were holding part of the Soviet territory, the Lake Hasan itself and Hill Zaozernaya. On the same day during the artillery reconnaissance In the area south of the Lake Hasan, I found two corpses of the fcoviet Red army men and one corpse of a Soviet officer in rank of Junior Lieutenant, All three corpses w^re atrociously mutilated. The corpse of the junior lieutenant was stabbed with a bayonet in the region of its facn, chest, abdomen and legs, besides the bayonet was driven into his mouth and cartridges shot into his eyes. The corpses of the Red army men were also stabbed with bayonets. Besides the mouth of one corpse was slit to the ears, and the head of another one was broken in many places, with heavy instrument and the chest was shot through with ten bullets. "All these I saw personally. I have nothing else to state." 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 15,485 Prosecution offers in evidence prosecution document No. 1996, which is the affidavit of Major Yakov Yasilievich Ome'lchenko. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 1996 will receive exhibit No. 2161. ("/hereupon, the document above- referred to 'was marked prosecution's ex- hibit No. 2l6l and received in evidence.) MR. JUSTICE MANSFIELD: I shall read paragraph 4,8,9,10 and 11: "In 1939 I was a lieutenant and held the position of Second in command of the rifle regiment 149 which at that time was in the area of the Halhin- Gol river. The conflict in the mentioned area was caused by the provocative actions of the Japanese troops, to which I was a witness." Passing to paragraph 8: "In the course of the fighting, near the Halhin-Gol river, in which our units were engaged against the Japanese troops who encroached on the Mongolian People's Republic, Junior Lieutenant of our company, Komaristih, was wounded and taken prisoner by the. Japanese, "It was on the night before the 2 9 t h of May, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15; 1939* In the morning when we were advancing, near the Mount TRomizovo? my scouts and I found the corpse of Junior Lieutenant Komaristih. 5 stars were carved out on the back of the corpse. A large star with the sickle and hammer was carved out on the chest;, Cartridges were driven into his eyes. The skull was broken in many places; the wrists and ankles were broken whereas the bands were twisted. The penis was cut off, there was an anti-tank shell in the abdomen, the heels of the feet were scorched; the finger nails were torn off, the tongue and the ears were cut off, all the body was pierced through with ramrods. I was witness of the atrocities of the Japanese military clique over our Red Army men and officers. "On the 24th of June, 1939, a Japanese cavalry squadron and 7 Japanese armoured cars surrounded a group of the Red Army men of our regiment. The Group consisted of 13 Red Army men and 1 officer. "All of them were wounded and taken prisoners by the Japanese in the fighting where the odds were against them, a group, under my command consisting of 1 battalion was sent to the place of the fighting. When the Japanese were driven out, we saw the following picture: our Rod Army men 13 in number and one lieutenant that were taken prisoners by the Japanese 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,487 lay cut to pieces in one spot. "I have nothing el^e to state." Prosecution offers in evidence prosecution document No. 1997, which contains the minutes of interrogation of Colonel Vladimir Ivanovitch Kobz^v. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 1997 will receive exhibit No, 2162. (Whereupon, the document above referred to was marked prosecution's ex- hibit No. 2162 and received in evidence,) MR. JUSTICE MANSFIELD: I shall read paragraphs 2 to 8 of this document: "Since July 19, 1939, till October 22, 1939, I, as chief of the staff of an artillery regiment in the rank of captain, was at the Nomangan River battle area. When I arrived, stubborn fighting betvjeen the Soviet-Mongolian and the Japanese troops was going on there. The Soviet and Mongolian troops had the task of clearing the territory of Mongolian People's Republic of Japanese troops who had penetrated into it. "Remaining all the time on the battle field in immediate vicinity of the Japanese advanced positions, I witnessed atrocities perpetrated by the Japanese military to our Red Army soldiers and officers. 15,488 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "to, on August 27, 1939, a part of Mongolian territory in the vicinity of Peschanaya hill was liberated as a result of our offensive operations. I arrived at that territory together with my scouts to establish a new observation post there. Tĥ -re I saw the corpse of a Red Army soldier, dressed in Red Army uniform, but without a cap. Coming nearer I saw that its nose and ears were cut off, and that the corpse was pinned to the earth through the chest by the bayonets of three Soviet rifles which had broken butts and no locks. "On September 2, 1939, in the vicinity of the Zelenaya hill I conducted officer's reconnaissance of s°ctor where the regiment was to be deployed for defense. The sector of Zelenaya hill was a strongly fortified strongpoint of the Japanese and was in their hands till the last days of August. "Inside this strongpoint there were about 15 corpses of Red Army soldiers and officers(12 of them were Red Army soldiers; and 3 officers). "The corpses were decayed. Legs and arms of most of the corpses were cut off. The limbs of some of them were lying there near the corpses. The limbs of other corpses were not cut off completely, and moreover, there were traces of innumerable blows 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15, inflicted on the limbs with some sharp cutting weapon. The skin in some places of the chest of almost all the corpses was cut out. All corpses had a great number of stabs and cut wounds on them» "The nature of the wounds excludes all possibilities for them havinp been received in battle. "All the above said I saw myself." Prosecution offers in evidence prosecution document No. 1995, which is the affidavit of Nikolai Ivanovitch Tomilin. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 1995 will receive exhibit No. 2163. (Whereupon, the document above referred to was marked prosecution's ex- hibit No. 2163 and received In evidence.) MR. JUSTICE MANSFIELD: I shall read para- graphs 3,4,5 and 6: "In 1939 I was in the rank of major and the second in command of the 1st Army Artillery Group in the Battle area of the Khalhin-Gol river. "In September 1939, when the active hostilities were ov.-r, I was appointed by the soviet Government to the Committee for exchanging of war-prisoners and delivery of corpses. "Personally I received about 60 fc-oviet war prisoners according to the list from the Japanese 3Command. All the prisoners were extremely exhausted. 4They could hardly stand on their feet because of their weakness. Their thinness and paleness were striking. 6 their faces and bodies were bruised and scratched all n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dver „ "After the prisoners were transferred to me they told me in detail about the brutal treat- ment of the Japanese authorities, The prisoners had been subject to systematic beating and thev had been starved for a long time." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,491 The prosecution offers in evidence document No. 1999, which is an extract from the affidavit of AMANO, Isamu. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 1999 will receive exhibit No. 2164. (Whereupon, the document above re- ferred to v/as marked prosecution's exhibit No. 2164 and received is evidence.) ML. JUSTICE MANSFIELD: I shall read this document: "Extract from the affidavit of defendant AMANO, Isamu of October 12, 1945. "I plead guilty that on the day of the outbreak of the war between the Soviet Union and Japan, i.e. on August 9, 1945, I summoned the chief of the 5th (intelligence) section, senior non-commissioned officer BITO and gave him instructions to get in touch with the Province Police and gendarmery Depart- ments, to arrest the Soviet citizens who lived in the town of Kailar and were on the list of the Police Department and take special measures, i.e. to murder them; I gave also instructions to murder the Soviet scouts who were kept under arrest in the police prison. "On giving the said order to BITO I left for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,492 fortified area. Later BITO came there to see me and reported that my order had been executed; the Soviet citizens living in the town of Kailar and considered to be suspects had been arrested and murdered. BITO reported that the Soviet scouts under arrest in the police prison had also been murdered. QUESTION How many Soviet citizens were murdered by your order on August 9, 194T* "ANSWER Neither BITO, nor my other subordinates who had participated in the arrest and murder of August 9, 194-5, reported on the number cf the murdered Soviet citizens. But I can tell the interrogators the following: "There were not fewer than 20 Soviet scouts in the police prison who had been arrested in the period between the end of 1944 and July 1945. 'when I was arrested I was shown a ditch in the yard cf the Police Department where 43 bodies were buried. So we may say that in the town of Hailar were arrested and mur- dered about 20 Soviet citizens all cf them civilians. "QUESTION Why did you give instructions to murder the Soviet citizens living in the town of Kailar? "ANSWER In accordance with the order cf the Com- manding General of the Kwantung Army the Police De- partment had to make up a list of Soviet citizens 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15, 4 93 every year. It was being done in case the war be- tween the Soviet Union and Japan broke out. "Thus these people had to be murdered when the war broke out. This order was to be put intc practice by the Police Department. But on August 9, 194-5, con- sidering the situation brought about by the Red Army offensive, I took the initiative into my own hands and gave instructions to arrest and murder the Soviet citizens living in the town of hailar and being sus- pects on the list of the Police Department. I also gave order to murder the Soviet scouts who were being kept in the police prison." Then missing the next question and answer. "QUESTION What were the charges against the Soviet citizens murdered by your order on August 9, 194-5? "AKSVJEK NO concrete chsrges were made against the Soviet citizens arrested and then murdered by my order on August 9? 1945; but in accordance with the order of the Commanding General of the Kwantung Army they were put on the lists of suspects in case the war between the Soviet Union and Japan broke out, be- cause we thought that during the war these persons might carry on espionage and sabotage directed against the Japanese Army." The prosecution offers in evidence prosecution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,494 document No. 1998, which contains the minutes of in- terrogation of Nicholai Alexeevitch Romanov. I shall read the questions and answers on page 2. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 1998 will receive exhibit No. 2165. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 216-5 and received in evidence.) MR. JUSTICE MANSFIELD: (Reading): "QUESTION: You Captain of medical corps Romanov, since, the beginning of hostilities against Imperialistic Japan, were as a medical officer in X Regiment for providing the rear of tha Red Army in the field and being in the town of Lunnan, visited the place of the atrocities perpetrated to Chinese population by Jap- anese. Tell what did you find out as a medical officer in the place of execution? "ANSWER: On August 19, 1945, being in the town of Dunnan in X Regiment, by order of Major Mityaev, Deputy Commander of the Regiment, I accompanied him to the place of massacre of the Chinese population indicated by Chinese. At about one kilometer south- east of the town suburbs, at a certain distance off the road, at the edge of the wood, 22 corpses in -if- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,495 different postures among them 2 female corpses, were discovered. One woman, judging by her face, was a European vroman; her nationality could not be es- tablished. The majority of corpses were half decayed, as the weather had been very hot, their hands tied behind their backs, some corpses were on their knees with their heads bent to the ground. The cut wounds were on the necks of the corpses, the legs of one of female corpses were cut off, on the back of another male corpse, one vertebrae was broken and there were stabbdd wounds. As we succeeded in establishing, the people had been murdered by sabring the neck, but the people were net beheaded at once, only a neck ver- tebrae was cut and in some cases the vertebrae was slightly cut and the people were alive for a long time after that, dying a long and painful death suf- fering from thirst and loss of blood. Several corpses were 100-150 meters from the place of execution and were still fresh, which shows that the people were alive for several days, were crawling and died re- cently from hunger and loss of blood. From the medical point of view, the methods of murdering of the said people I, as a medical officer, ccnsider to be atrocious. I have nothing more to testify concerning the case, all the notes from my words are correct and 15,496 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are read to me." That completes, if the Tribunal please, the presentation of documents relating to atrocities to members of the forces of the Soviet Union. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,497 TIE PRESIDENT: Mr. Comyns Carr. Iff;., COMYNS CARR: Mr. President, I now have to deal with certain questions which arose about Hhe translation of prosecution decument 1810A, Gourt exhibit 473, and prosecution document 1509A, court exhibit 475, which concern the present phase. They were introduced during the evidence of Colonel Wild! and relate to the Burma-Siam Railway. In the former case, 473? the translation was prepared by the prosecution, and it appears that there were certain errors and omissions in it. We have, therefore, processed an entirely new one which has been agreed with Major Moore and served upon the defense. I propose to hand it in and ask you to substitute it for the copies you already have, calling attention to the more important differences. THE PRESIDENT: The substitution will be made. MR. COMYNS CARR: Could it be circulated? THE PRESIDENT: And circulated. « MR. COMYNS CARR: On the new page 1 there is aided in line 2 a description of Minister SUZUKI'S position: "Office for the Affairs of Residents in Enemy Countries, Foreign Ministry" and the seal of that Ministry. As already mentioned, the. accused 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 15,4-98 SHIGEMITSU was Foreign Minister at that time. The SUZUKI mentioned is not the accused, hut the witness. DOHIHARA was Commander in Malaya at that date. At the bottom, under "Distribution," the first item is "War Ministry," not "Minister." Then, on page 35 line 6 reads: "Chiefs of War Camps In Malaya (not Burma) and Siam." At the bottom there is a heading "Distribu- tion," previously omitted, and I call attention to the last line, "Military Affairs Section notified," i i. e. notified by the Prisoner of War Information Bureau. Page 4 is entirely new, but of no special importance. Page 5 again contains the description of SUZUKI and the note with regard to the Military Affairs Section, both previously omitted. Page 6 is entirely new, but again not important. Page 9 is entirely new. It is important to note from the table which it contains that it was proposed to make a report to General Staff Head- quarters and to submit a reply to the Foreign Office. On page 13, which corresponds to the original page 10, the second paragraph now reads: 15,499 "This matter concerns the sacrifice of the administra- tion of the prisoners of war for operational reasons temporarily and contains no material for refutation against the enemy protest." Page 14 is new and shows the intention to send a composite reply to the Foreign Office when all the reports were collected. This necessitates corresponding corrections in the record on pages 5493, line 10, 5494, line 21, 5495, lines 4 and 25, 5497, lines 12 and 13, 5510, line 6. With regard to exhibit 475 the position is different. In that case the Japanese and English versions were both provided, as is frequently the case, by the Japanese authority from which they came. The translation was not made by us. In our submission therefore, both versions are equally original docu- ments on either of which we are entitled to rely. If there is a discrepancy between them anybody may draw the attention of the Tribunal to it, and you may draw such inferences as you think fit, but nobody is entitled to alter either document. This is a matter of principle, which may in some cases be important. On the Japanese version the heading appears: "Central Investigation Committee relating 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i5,5oo to Prisoners of War." These do not appear on the English version, nor do the words shown on the copy: "Report by Japanese Government, Burma-Thailand Railway" appear on the document itself. To show where these came from> I now offer in evidence prosecution documents 1509 0 and D, the latter being the original covering letter with which the report reached SOAP and the paragraph at the bottom being added subsequently by the latter. The actual exhibit 475 is the copy which reached us through the Swiss Legation. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 1509C will be given exhibit No. 2166. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 21,66 and received in evidence.) CLERK OF.THE COURT: Prosecution document 1509P will receive exhibit No. 2167. (Whereupon, the document above re- ferred to was marked prosecution's exhibit No. 2167 and received in evidence.) MR. COMYNS CARR: 2166 (reading); "CONCERNING THE SUBMITTANCE CF REPORT ON THE USE OF WAR PRISONERS IN CONNECTION WITH THE 15,501 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CONSTRUCTION OF THE' SIM-BURMA CONNECTION RAID?AY. "1. The present report is an official document which was submitted to the Headquarters of the Allied Powers from the then War Minister on November 27, 1945 through the Central Liaison Office, Tokyo. "2. The present report was submitted voluntarily on receiving the protest of the Allied Army. "3. Documents concerned with the matter are also attached herewith for your reference." Dated, "September 12, 1946. /s/ S. Y9SHIM0TC." - - & "To: Central Liaison Office, Tokyo. "From: First De-mobilization Ministry. "Subject: Employment of Prisoners of War in Conxtruction of Thai-Burma Railway. "Due to the protest of the governments of Britain and Australia concerning the employment of prisoners of war for the construction of railroad between Burma and Siam, we investigated the situation as shown in the attached note herewith. Please be bothered to submit it to G. H.Q." "To: General Headquarters of the Supremo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,502 Commander for the Allied Powers. "From: Central Liaison Office, Tokyo. "The Japanese Government submits herewith two copies of the written investigations concerning the employment of prisoners of war in the construction of the Thai-Burma Lailway concerning which protests have been filed by the British and Australian Govern- ments. " 2167: "To: General Headquarters of the Supreme Cemmander for the Allied Powers. "From: Central Liaison Office, Tokyo. "The Japanc se Government submits herewith two copies"- — I have read those. And then at the bottom (reading): "Those reports were in answer to protests made by the British and Australian Governments in July 194-4. Therefore this headquarters has no record of such protests since they were made through the Swiss Legation. One copy has been turned over to the Australian Liaison Office, Brigadier Anderson, and the other has been delivered to the Swiss Legation for information after which it will be given to the British Staff Section." 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,503 — _ - • , THE PRESIDENT: Colonel Woolworth. MR. WOOLWORTH: If the Tribunal please, the prosecution desires to introduce in evidence document No. 5219, which is a list covering the Japanese tried by Australian military courts against whom findings and sentences have been confirmed, up to April 2, 194-6. THE PRESIDENT; Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 5219 will receive exhibit No. 2168. (Whereupon, the document above re- 1 ferred to was marked prosecution's exhibit No. 2168 and received in evidence.) Ml. WOOLWORTH: If the Tribunal please, in the interest of time saving, the prosecution desires to introduce document No. 5239 and then give to the Court the totals, rather than reading each conviction separately. Document 5239 covers a list of Japanese tried by Australian military courts up to the 28 of May 1946. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 5239 will receive eahibit No. 2169. (Whereupon, the document above re- ferred to was marked prosecution's eshibit No. 2169 and received in evidence.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15, MR. W00LW0RTH: These two documents contain results of trials by Australian military courts of Japanese charged with commission of war crimes in Bornero, Celebes, Halmahara Islands, Timor, New Guinea and New Britain. They contain particulars of Jap- anese against whom findings and sentence of courts had been confirmed up to May 28, 194-6, and of Jap- anese who had been acquitted up to that date. Summarizing the results shown in these two documents, 35 were sentenced to death, 198 were sen- tenced to imprisonment, 100 were found not guilty. The crimes of which they were found guilty included murder, massacre, rape, cannibalism, mutila- tion of the dead, torture and ill treatment of prisoners of war. If the Court please, the prosecution desires to call Mr. SUZUKI, Tadakatsu as a witness. THE PRESIDENT: Call him after lunch, but there is one question I would like to put to you, Colonel. Maybe you can answer it. It may be a matter for the Chief of Counsel to answer. We understand that you are, before the defense move their motions, to place before us a statement showing the evidence against each of the accused in respect of every count against him in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,505 the Indictment. There is no obligation upon you to provide it, but it occurred to me that you may require something of the kind to meet the defense motions to dismiss. MR. WOOLWORTH; If your Hono-.r please, this is a matter which I think should be taken up with Mr. Higgins and Mr. Tavenner, and I think they will be ready to have a reply made after lunch, if it may be delayed to that hour. THE PRESIDENT: Something was said here or in Chambers which I may have misapprehended, but that is my understanding. MR. WOOLWORTH: I might say that the pro- secution has not yet received copies of all the motions. THE PRESIDENT: We will adjourn. (Whereupon, at 1200, a recess was taken until 1330.) 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MJZUKI REDIRECT 15,506 AFTERNOON SESSION The Tribunal met, pursuant to recess, at 1330. MARSHAL OF THE COURT: The International Military Tribunal for the Far East is now resumed. THE PRESIDENT: Colonel Woolworth. MR. WOOLWORTH: If the Tribunal please: In answer to your Honor's last question in the morning session, I have been instructed to state that before the afternoon session is over an answer will be given to the Tribunal. I desire to recall the witness for the prosecution SUZUKI, Tadakatsu, who has already been sworn. S U Z U K I , T A D A K A T S U , recalled by the prosecution for further examination, testified through Japanese interpreters as follows: DIRECT EXAMINATION BY MR. WOOLWORTH: THE PRESIDENT: You are still on oath, Witness.- Q SUZUKI, will you please state your full name, residence and occupation? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MJZUKI REDIRECT 15,507 A My name, SUZUKI, Tadakatsu: my present residence, Yokohama; my occupation at the time, director in charge of the office relating to matters pertaining to Japanese nationals in enemy countries. 0 Did you hold that position under the Ministry of Foreign Affairs from 194-2 to 1945? A Yes. MR. W00LW0RTH: I desire to hand the wit- ness and have marked for identification document No. 3000-10-B-l. CLERK OF THE COURT: Prosecution's docu- ment No. 3010-B-l will be given exhibit No. 2170 for identification only. Correction: document number is 3000-10-B-l. (Whereupon, the document above re- ferred to was marked prosecution's exhibit . No. 2170 for identification.) Q Can you state the source of that dccument, exhibit No. 2170? A This is a copy of a document in the files of the Foreign Office. MR. WOOLWORTH: Prosecution desires to introduce in evidence exhibit No. 2170. THE PRESIDENT: Admitted on the usual terms. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ! MJZUKI REDIRECT 15,508 CLERK OF THE COURT: Frosecution's docu- ment No. 300C-10-B-1, exhibit No. 2170, is admitted into evidence according to order of Court. (Whereupon, the document above referred to was received, in evidence.) MR. WOOLWORTH: "'Jo' 3, 'Futsu', 'Go' No. 53. January 13, Showa 17/1942/ "Vice-Minister of War, "Vice-Minister of the Navy, "Vice-Minister of Home Affairs. "Matter Concerning Transmission of the Notes from the American Government with regard to the adherence to the Provisions of the International Treaty and the Red Cross Treaty of July 27, 1929, regarding Treatment of Prisoners of War. "Concerning the above, the Swiss Minister in Tokyo has sent us a note as per separate copy, which is enclosed herewith. Your opinion thereof will be appreciated. "Vice-Minister of Foreign Affairs. "Th Is messa ge addressed to: Vice-Minister of War, Vice-Minister of the Navy, Vice-Minister of Home Affairs. "A copy of note enclosed." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MJZUKI REDIRECT 15,509 I invite the attention of the Court to the fact that the KIIIURA at that time was Vice- Minister of ^ar$ Vice-Minister of the Navy was SHIMADA. Prosecution desires to have marked for identification document No. 3000-10-B-2. CLERK OF THE COURT: Prosecution's docu- ment No. 3000-10-B-2 will' receive exhibit To. 2171 for identification only. (Whereupon, the document above referred to was marked prosecution's ex- hibit No. 2171 for identification.) Q Will you please state the source of that document, exhibit No. 2171? A This is an official copy of the document in the files of the Foreign Office. This also, like the former one. MR. WOOLWORTH: Frosecution desires to introduce into evidence exhibit No. 2171. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's docu- ment No. 30C0-10-B-2, given exhibit No. 2171, is admitted into evidence, according to order of Court. (1,Thereupon, the document above referred to was received in evidence.) MJZUKI REDIRECT 15,510 I®. WOOLWORTH: "'Jo' 3, 'Futsu' No. 5. January 21, Showa 17/194-2/ "Vice-Minister of Overseas Affairs "Matter Concerning Transmission of the Notes from the American Government with regard to the International Treaty of July 27, 1929, regarding Treatment of Prisoners of ^ar. "Concerning the aaove, the Swiss Minister in Tokyo, representative of American interests, has sent us a note, as per separate copy, enclosed herewith. We would greatly appreciate your opinion concerning the policy of treatment of overseas non- combatant internees of the enemy countries. "Vice-Minister of Foreign Affairs." Prosecution desires to have marked for iden- tification document No. 3000-10-B-3. CLERK OF THE COURT: Prosecution's docu- ment No. 3OOO-IO-B-3 will receive exhibit No. 2172 for identification. (Whereupon, the document above referred to was marked prosecution's ex- hibit No. 2172 for identification.) 0 Will you please state the source of that document? A This also is an official copy of the docu- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MJZUKI REDIRECT 15,511 ment In the files of the Foreign Office. MR. WOOL WORTH1: Prosecution desires to introduce in evidence exhibit No. 2172. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's docu- ment No. 3000-10-B-3, given exhibit No. 2172, is adsiitited into evidence, according to order of Court. (Whereupon, the document above referred to was received in evidence.). MR. W00LW0RTH: "'Jo' 3, 'Futsu' No. 17. January 13, Shows 17/1942/ "President of the Japan Red Cross Society "Matters Concerning Transmission of the Notes from the American government with regard to the adherence to the Provisions of the International Treaty and the Red Cross Treaty of July 27, 1929, regarding Treatment of Prisoners of War. "Concerning the above, we have received, from the Swiss Minister in Tokyo, a note, as per separate copy which is enclosed herewith for your information. "Vice-Minister of Foreign Affairs." Prosecution desires to have marked for identification document No. 3000-10-M-l. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUZUKI DIRECT 15,5 CLERK OF THE COURT: Prosecution's docu- ment No. 3000-10-M-l will receive exhibit No, 2173, for identification. (hereupon, the document above referred to was marked prosecution's ex- hibit No. 2173 for identification.) 0 Will you please state the source of exhibit No. 2173? A This too is an official copy of the docu- ment in the files of the Foreign Office. 15,513 MJZUKI REDIRECT MR. WOOLWORTH: Prosecution desires to introduce in evidence exhibit 2173. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 3000-10-K-l, given exhibit No. 2173, is admitted into evidence according to order of Court. (Whereupon, the document above referred to was received in evidence.) MR. WOOL'.'ORTH: (Reading) '"Kyo Hi Go' No. 93. 12 February 1944. The Vice-Minister of Foreign Office. "Chief of POW (Information) Bureau: "Transmittal of the American Government's Protest with regard to the Treatment of Prisoners of War and Civilian Internees under Japanese Jurisdiction. "Inasmuch as the Swiss Minister in Tokyo, stating that he was acting on instructions from his home government, recently presented the Imperial Government with the American Government's protest, as per the enclosed copy, I hereby send you this together with the informal translation of the above. Re counter measures to meet this protest, I wish to confer with you later and in the meantime will you kindly investi- gate the particulars concerned with your bureau. "Concerning a letter which was cited at the beginning of the Swiss Minister's letter relating to / " I ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,514 MJZUKI REDIRECT this matter, kindly refer to my telegrams 'Kyo Hi Co' No. 25 dated 15 January last year, ano 'Kyo Hi Go1 No. 229 dated 27 March, the same year. "This letter addressed to: The Minister of War, Navy, Home Affairs, Justice, Greater Asia, and the Chief of POW Information Bureau." Prosecution desires to have marked for identification document No. 3000-10-S-l. CLERK OF THE COURT: Prosecution's document No. 3000-10-S-l will receive exhibit No. 2174. (Whereupon, the documont above referred to was marked prosecution's exhibit No. 2174 for identification.) Q Will you please state the source of exhibit 2174? A This also is an official copy of tho document in the files of the Foreign Office. MR. W00LW0RTH: Prosecution desires to intro- duce in evidence exhibit 2174. THE PRESIDENT: Admitted on the u^ual terms. CLERK OF THE COURT: Prosecution's document No. 3000-10-S-l, given exhibit No. 2174, is admitted into evidence according to order of Court. (Whereupon, the document above referred to was received in evidence.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MJZUKI REDIRECT 15,515 MR. WOOL ORTH: (Reading) '"Kyo Hi Go' No. 192. April 25, 1945. "The Chief of Prisoners of 7/ir Information Bureau: "Protest from the American Government with Regarc to the Treatment of Prisoners of War in the Phili ppines. ,1The Swiss Minister in Tokyo transmitted a protest from the American Government with regard to the treatment of prisoners of war in the Philippines by his letter to the Minister of Foreign Affairs dated March 23. We are much obliged if you investigate the actual circumstances of the above-mentioned matter and send us as soon as possible detailed reports as well as your opinion of how to reply to the protest. "Minister SUZUKI. The Office for Affairs of Residents in Enemy Countries, Foreign Office. "This letter addressed to: "The Chief of the Military Affairs Bureau of the War Ministry. The Chief of the Prisoners of 7ar Information Bureau. "Copies of this letter addressed to: "The Chief of the Naval Affairs Bureau of the Navy Ministry." Q Mr. SUZUKI, did you cause a search to be made 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,516 s u z u x i EIRECT in the office of the Foreign Ministry for documents 10-C, 10-L, 10-E, 10-F, 10-G, 10-H, 10-1, 10-J, 10-K, 10-L, 10~N, 10-P, 10-T, 10-U, 10-X? A At the request of this Tribunal, I caused to have these documents investigated into at the Foreign Office. The Foreign Office did its bost to search for these documsnts but unfortunately proved unsuccessful. Q The office found no letters of transmittal for those documents? A Yes, the letters of transmittal were not found. MR. '700L":0RTH: I desire to invite the Tribunal's attention to the fact that the exhibit 10-S-l bears the exhibit No. 14825 exhibit 10-M-l bears the exhibit No. 1479; document 10-3-3 boars the exhibit No. 146£; document 10-B-2 bears exhibit No. 1468; ana document 10-B-l bears exhibit No. 1468. THE IRESIBENT: Mr. Logan. MR. LOGAN: If the Tribunal please. CROSS-EXAMINATION BY MR. LOGAN: Q Mr. SUZUKI, according to your testimony last time you were here, you were not in the Foreign Office in January, 1942, were you? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o l ^ U K I CROSS 15,517 A I was not in the Foreign Office. Q So you co not know whether any enclosure was with prosecution's exhibit 2170? That is the letter datec January 13, 1942. A Together with the letter of transmittal, there was also a copy and translation of t.ie protest delivered from the Swiss Legation. Q But you con't know of your own knowledge whether that was actually enclosed in that letter, do you? A With respect to that, I might say that after my office was established I read the documents which were handled previous to the establishment of my office and I recall — I remember that from memory. Q V'ith respect to prosecution's exhibit 2170 dated January 13, exhibit 2171 dated January 21, 2172 dated January 13, all for the year 1942, is it not a fact that those letters were written prior to the establishment of the Prisoner of War Information Bureau and the Prisoner of War Administration Bureau? A My understanding is that the Prisoner of War Information Bureau was established shortly after the outbreak of war. But I cannot answer whether this was established prior to the date these letters were written — these letters were sent. 1 2 3 4 , - N 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,518 o l ^ U K I CROSS Q But, in any event, while you were in the Foreign Office, your letters were addressed to the Chief of the Prisoner of War Information Bureau, isn't that so? A Not necessarily to the Chief of the Prison- ers cf War Information Bureau only. Q These two exhibits, 2173 dated February 12, 1944 and 2174 dated April 25, 1945, they are ad- dressed to the Chief of the Prisoners of War Infor- a mation Bureau. Is that the usual way that all your covering letters were addressed? A Before making a reply, I should like to request, if possible, to be given permission to see all of the documents under question. Q Do you understand English? A Yes, some. (Whereupon, documents were handed to the witness.) A (Continuing) May I have the previous question repeated? (Whereupon, the next to the last question was repeated by the interpreter.) A (Continuing) As I said before, I presume that the Prisoners of T ar Information Bureau was made or established before these letters were sent. But, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUZUKI CROSS 15, with respect to the handling of official documents transmitted by the Swiss Government at that tine — or some neutral government at that time, I must say, as I have said before in my affidavit, that there was no arrangement or routine established at that time. q Will you look at exhibit 2173, letter dated February 12, 1944. You will find in there a state- ment. I quote: "I wish to confer with you later*" Does that word "jrou" refer to the Chief of the Prisoner of War Information Bureau? A Yes. 0 Now, on that same letter, at the bottom, you have this statement: "This letter addressed to: The Ministers of War, Navy, Home Affairs, Justice, Greater Asia, and the Chief of P.O.W. Information Bureau." Does that mean that the copies of that letter went to those various offices? A No. Q What does it mean? A When this protest was sent out, the same protest was also transmitted in the name of the Foreign Minister, himself, separately to the war, Navy, Home, Justice and Greater East Asiatic Affairs Ministers. And this particular document was sent to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUZUKI CROSS the Chief of the Prisoners of "rar Information Bureau in the name of the Vice-Minister for Foreign Affairs. To repeat, to the various government departments lifted in this exhibit separate and independent letters of the same text were sent* To add another word by way of explanation, simultaneously as this letter was sent to the War Minister in the War Office it was sent to the Chief of the Prisoners of War Information Bureau. Q Did those words appearing on the bottom of that exhibit 2173 appear on the copies that you sent to those various offices? A In all official communications the name of the addressees are indicated in similar manner. 0 So those names appeared on all the copies that were sent out, is that so9 A Yes. 0 And isn't it a fact, Mr. SUZUKI, that the words "Chief of POW Information Bureau," as appearing at the top of that exhibit 2173, indicates that the letter was addressed primarily and "or the attention of primarily the Chief of the Prisoner of War Infor- mation Bureau? A No. To explain the matter further, with respect to documents relatingito the matter contained 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15, i SUZUKI CROSS therein, it so happened that only the copy of the letter sent to the Chief of the Prisoners of "rar Information Bureau was found in the Foreign Office, and other letters were not found; th:t is, other letters addressed to other government offices were not found. 0 You mean by that that the copies of this letter which was sent to the Ministers of Far, I'avy, Home Affairs, and so forth, did not have the words "Chief of POW Information Bureau" written at the top? A That is what I moan. Q In other words, each letter that went out had a different salutation on it, is that right? A Yes. The name at the top would bear the words "War Minister" or "Home Minister" or to whom- ever it was sent. Q So that each one of those bureaus who re- ceived a copy of this exhibit 2173 would expect you to confer with them, is that right, according to that statement which I read to you previously9 A To speak — if I might explain the purpose, I should say that the covering of itself is a very simple thing while the text of the protest itself is j rather large and bulky and containing many and various items; and the investigations into the subjects in- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUZUKI CROSS cuircd into in the protest are carried on by various agencies concerned with the matter. The Foreign Office's part in this matter is to assemble the reports and information obtained as a result of investigation and to coordinate them and, on thc- basis of the results drawn up by the Foreign Office, to consult with the government departments concerned — government departments and other agencies concerned. Q When I asked you before, Mr. SUZUKI, about this particular sentence, "I wish to confer with you later," you told me that that was primarily ad- dressed to the Prisoner of War Information Bureau, isn't that so9 MR. WOOITvORTH: If your Honor please, I object to the question as misquoting the record. The witness1 answer was "no." THE PRESIDENT: I.had the impression it was . "no," but I ma.y have been irTong. I will have to look it up. A If I may be permitted to continue, I should like to reply on that point. May I explain this fact ir this manner:. When I — in speaking of the letter, particularly addressed to the Chief of tile Prisoners of War Information Bureau, the "you" refers to that chief. In the letter that would be sent to 15,523 SUZUKI CROSS 1 2 3 4 5 6 7 8 9 • 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 the War Minister or to the Home Minister or to the Minister of Greater East Asiatic Affairs, the "you." in those letters would be addressed respectively to the addressees. Q So that, according to this letter, you wish- to confer with all of these people, is that it? A Yes, and that was necessary. Q How, this letter of April 25, 1945, prose- cution's exhibit 1274 — will you explain the meaning of those words at the bottom of that letter: • » "This letter addressed to"? then you have two offices; then "Copies of this letter addressed to" and one office. What is the difference in those two sentences? A The- same text of this communication was sent out at the same time, that is, simultaneously and independently and separately, to the Chief of the Military Affairs Bureau of the -rrar Ministry and to the Chief of the Prisoners of "Tar Information Bureau, and th copy of the letters sent to these two officers was sent to the Chief of the Naval Af- fairs Bureau of the Naval Ministry. 0 And a copy of that letter, then, did not go to the Chief of the Military Affairs Bureau? THE PRESIDENT: That is not what he said. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUZUKI CROSS The letter itself would go to him. What he says is borne out by exhibit 2174. Q Do I understand from your testimony that a copy of this letter, 2174, and also a copy of enclo- sure, went to the Chief of the Military Affairs Bureau and to the Chief of the Prisoners of War Informa t ion Bure r u? A Yes. And just a copy, isn't i4" so — just a copy of this particular letter, 2174, went to the Chief of the Military Affairs Bureau and the Navy Minister, isn't that right? A What I mean to say is that the copy of the covering note was sent to the Chief of the Naval Affairs Bureau together with a copy of the protest and the translation. 0. And these are the only documents, 2170 to 217>v that you have been able to find in your office? A As certified by the Chief of the Archives Section of the- Foreign Office, these were the only documents which were found. Q And the fact that these exhibits, 2170 to 2174, were addressed to various people — various officers, and no two of them being alike, does that give rise to the statement in your affidavit in the SUZUKI CROSS 15,525 1 2 3 4 5 6 7 % 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 next to the last paragraph — next to the last answer: "The affidavit sworn to the 12th day of November, 194-6"? MR. WOOL'7ORTH: If your Honor please, I suggest that the Witness be given'a copy of his affidavit, (Whereupon, a document was handed to the witness.) A Yes; but, if I am permitted, I should like to explain this in further detail. Q Go ahead. A Especially with respect to documents ION and 10S, I havon't seen the others, and I don't know; but I have seen these two documents actually, and I think that I should repeat what I have said before in different words. In my affidavit I have said that, in case letters or communication was sent to the War Minister, the Vice-Minister of War, the Chief of Military Af- fairs Bureau and the Chief of the Prisoners of War Information Bureau, copies of those letters were also sent to other agencies of the War Minister -- War Office concerned. With respect to documents ION and the remainder, the arrangement was estab- lished at the time this matter was in question that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o l ^ U K I CROSS 15,526 instead of having copies of the letter sent — copies of letters, that is, copies of letters addressed to the War Minister, Vice-Minister, Chief of the Military Affairs Bureau, Chief of the Prisoners of War Information Bureau -- instead of sending of the copies of the letters sent to them to the other agencies of the War Ministry, the arrangement came into being wherein the text, of the same letter or the same letter or letter of identical text ""ere sent — letters of identical text were sent separate- ly to all of these agencies even though these agencies were related to the War Ministry. 0 But, isn't it a fact, Mr. SUZUKI, that these protests were primarily concerned with the Prisoner of v ar Information and Administration' Bureaus? MR. W00LW0RTK: If your Honor please, I submit that this ouestion has been answered three different times by the witness. THE PRESIDENT: He may answer. A On the basis of the regulations governing the handling of such business, the matter was, of course, in charge of the Prisoners of War Information Bureau. But, at the request of the War Office, this now arrangement was established. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,527 o l ^ U K I CROSS u Isn't it a fact, air. SUZ-KJ. v,itil respect to exhibits 1477 through 1487, v.hich ere the protests, from 10-K through 10-X, thct you cannot tell us defin- itely \;hich of those documents were sent to any o^r- ticulr-r £:gency? A Unfortunately, not having copies of the docu- ments in question, I cannot say. But on the b-. sis of my aseuiory and experience in handling these documents I ct-n say that such un arrangement was carried out, w But you don't know definitely which of these documents went to any particular ; gency, isn't that so? a Vs'ith respect to that I thi ik I eoujd c.nswer os follows; I think it can be said thct with resect to all documents thc t those addressed to the Chief of the Prisoner of Vtr Information bureau were clso at the same time sent to the ®hief of the Military affairs Bureau, t-nd/or to the Vice-minister of war, and in so-*ie cases to the war minister himself. w But you don't -now definitely which of those documents were so forwarded? THSci FRrSIDEI'iT: tirell, he did as regards two of theai. ^ I aer-n aside from those two you mentioned be- fore. a with regard to the others I cannot scy &oa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,528 ol^UKI CROSS concretely. Kov ev r, i c-n say that these documents were channeled through t-.o routes I might say. The question is this, i.'r. Counsel, thct these documents v.ere alvvo-ys adoressed to the Chit:f of the Prisoner of V?ar Ini or Miction Bureau, the-t I Cr-n s.-y definitely, but whether it went to tht- Chief .-f th<~ military affairs Bureeu or to the Vice-Minister of war or to the ??<r Minister I cannot s.-y. However, I Cc-n s«-.y that it went to one of these three. •v'R. LOG.™* That is ell- thc--nk you. Tif f . r*Rr>b XLEnT i riajor Bl-Aeney. CROSS-EXiuv!Ir.̂ iTIOIJ (Continued) Ul IKil. UljJ'uIMjJ.Vii i : i\ air, Witness, in your affidavit you have ai- re. oy explained the method and routine which your bureau followed in receiving and forwarding erotests and other documents, I v/-nt to ask you whether in carrying out that routine forwarding of protest-: c-nd oth«r documents it wes thr: practice of your office dwvys to forward them to the approoriate o-uthorities as vromotly as possible — let us Sc-y immediately? Yes, to dispose of such matters as speedily as oossible, that -»e have -tade a-, effort to do. w In addition to the written recommend,, tions which, -s you have st.ted, sometimes accompanied the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,529 oÛ lnvI CnObS co-jiiunicutlons when thr-y -.vera for v. rc ed to the Prisoner of war Information Bureau or elsewhere, did the Foreign ministry officials fro© time to time make oral recom- mendations to those other authorities? r. Yesj very frequently, v Is it <r fc:ct that you yourself or other officii of the Foreign ministry from tisne to ti e requested the r.c-r ministry officials concerned to hasten their reolies? n Ye s. m iind is it a fact that fro'o time to ti-e the Foreign «ijjistry officials requested the V—r 'Ministry officials to make re-investigctions .r» cases where reolies had been received? < ii r e s * Q Prior to the institution of your bureau, was it not the Treaty Bureau of the- Foreign Office which «>.s concerned with these ja&tters? Yes. 4 and are you able to state from the investiga- tion end. study which you made of the files of the Treaty Bureau pertaining to this subject whether tt.eir routine Wrs in all of these respects similar to thr.-t which you have described as being your own routine? a The Trc-aty Bureau of the Foreign Office handled such business for me year after the outbreak of the war, CROSS 15,530 1 2 3 4 5; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nhen my office v.vs established the 3 rice cirrcngesiients end routines were continued — were followed• C* ^side from the handling of these protests ;-nd other correspond fence, together with the answers thereto, he.6 your bureau or the Foreign Office itself any authori or oower in connection with prisoners of w-:r? n eit, Counsel, could you possibly r>. frcsiie your question? I h,-ve not been able to get the full meaning of the last question. ^ In addition to the matter of handling this correspondence which we have bee?: discussing, whet, if cny, authority reposed in the Foreign ministry in con- nection with the prisoners of war? « I do not think there whs any authority in the Foreign Office aside from the conducting of the business to which I have clrewdy referred. \ when your bureau r-repared its remixes to the protests or inquiries, were those replies dwvys for- mulated on the basis of information furnished you from the War ministry people concerned? a Yes. v* And Wcs there -ny method of obtaining informa- tion available to the Foreign Ministry cxcept through these inquiries to the War ministry? a There were none. y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,53: SUZUKI CROSS h when replies were prepared oh the basis of that information, were they always forwarded inaned lately upon receipt of the information? Yes, they were. H «ay we assume from the name of your bureau, Bureau in Charge of Japanese Nationals in Enemy Countries that your chicf concern was the welfare of those Japanese nationals abroad? a Yes, the primary and official function of my office was to look after the interests of Japanese nationals in enemy countries, esaeciraly those who were interned in enemy countries, and to -rctect their inter- ests. THE PRi-SID^I; rc will racess for fifteen minutes. ('••hereupon, at 1445- a recess v.*as token until 1500, after which the proceedings were resumed as follows?) 15,532 SUZUKI CROti- W l 0 2 1 f 3 & 4 B 5 a r 6 t 0 7 n 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARhHAL OF TIE COURT: The International Military Tribunal for the Far East is now resumed. THE PRESIDENT: Major Blakeney. CR0i3i*-EXAMINATION EY MR. BLAKENEY: Q It is true, is it not, that in view of your « desire to ameliorate the conditions of Japanese interned in alien countries — in enemy countries — you felt that it was to the interest of your Bureau to attempt to ameliorate the conditions of prisoners of war in Japan? A In view of the fact 'that the two questions, Japanese interned in enemy countries and prisoners of war in Japan were related, we strongly desired to seek the improvement of the conditions of prisoners of war. Q And therefore did all you could toward that end, did you not? A Yes, I think we gave every effort possible toward that end. MR. BLAKENEY: Thank you. That seems to be all the cross-examination, sir. THE PREc-IDENT: Colonel Woolworth. MR. WOOLWORTH: If the Tribunal please, something was said by the cross-examiner, Mr. Logan, about the date of the enactment of the — the date of the formation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MJZUKI REDIRECT 15,533 of the Prisoner of War Information Bureau. I am — THE PRESIDENT: Something was suggested by him. MR. W00LW0RTH: I direct the attention of the Tribunal to — I invite the attention of the Tribunal to exhibit 1965, which shows that the Prisoner of War Information Bureau was established 27th of December 194-1. I have one further question to ask the witness. REDIRECT EXAMINATION BY MR. WOOLWORTH: Q Did the search which you made for letters of transmittal go any farther than to look for letters of transmittal to the documents which the Court requested? A No, the search was made only in connection with the documents referred to in my affidavit. MR. WOOLWORTH: That is all. THE PRESIDENT: 3o you want him any further? MR. WOOLWORTH: I ask that the witness be excused, THE PRESIDENT: Excused on the usual terms. (Whereupon, the witness was excused.) 15,534 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE PRESIDENT: Mr. Higgins. MR. HIGGINb: Mr.. President and Members of the Tribunal, in reply to the President's question to Colonel Woolworth just before the noon recess, let me say that since the Tribunal indicated that it would hear motions to dismiss, the prosecution has been using all spare time in gathering material for answer. Thus far, motions in behalf of only two of the accused have been served on us. Until the motions are in it would be difficult to prepare any general answer and impossible to prepare a detailed answer. We are anxious to prepare for the Tribunal such replies as will, in our judgement, assist the Tribunal in passing on the questions raised. These replies will be made available as soon as they are completed. At the present time we have no material assembled in a manner near enough to its final form to justify, in our judgement, presenting it to the Tribunal now. Mr. President, due to the absence on account of illness of General Vasiliev, I desire to introduce to the Tribunal Colonel L.M. Mnirnov, associate prosecutor for the Soviet Union, a recent addition to our staff. He was formerly Chief Prosecutor of the Investigation Department of the Attorney General's Office of his country. 15,535 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE PREMDENT: Colonel Smirnov. COLONEL SMIRNOV: If the Court please, at the session of the Tribunal on October 15, 194-6, we pre- sented a photostatic copv of the map of a sector of the frontier line between the Ui-̂ R and China attached to Hunchun Agreement of 1886. The map was attached to N, prosecution document No. 2242. The document together with the map was received by the court in evidence and was marked as exhibit No* 75?• After the admission of the map by the Court, defense counsel, Mr. Furness, drew the Tribunal's attention to the fact that the frontier line on the photostatic copy of the map was superimposed in yellow paint or ink and was not part of the photography and he requested the Tribunal to reject the map as evidenc proving the border, (pages 7778-79 of the Record) The President of the Tribunal did not consider it necessary to rule on this matter, and the map remained in evidence., but after this statement of the defense counsel there has remained some uncertainty which may have bearing upon the estimation of the probative value of this document in the future. There is a yellow line on the original photostatic map presented to the Tribunal which indicates the frontier line. The paint by which the line is made is not part of the photograph. However, the line itself is undoubtedly part of the photograph, 15,536 1 2 3 4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 23 24 25 but it was painted yellow to make the frontier line look more distinct and clear. In order to completely dismiss all uncertainty as regards this matter I had requested and received from Moscow a new photostatic copy of this map which leaves no doubts as to the actual frontier line at this sector. I request the Tribunal for leave to present this photostatic copy in addition to the previous one which is with the Tribunal attached to document No. 224-2, exhibit No. 753. Copies of this photostatic map which we are going to present to the Tribunal have not bean served on the defense because they are identical, with those served on them previously, for it is all the same whether the photographs are taken from the original on which the frontier line is indicated in yellow or in black. Together with this map w/e present, as supplement to the same document No. 2242, a photostatic copy of the original "Protocol about thorough checking of the first section of the border between two States" of June 26, 1886 with the signatures of the Russian and Chinese parties. Previously we gave onlv an excerpt from this Protocol quoted in the document No. 2242, the Report of the Commander of the Frontier Corps of the Ufc-fc-R of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 15, March 21, 1946. Presenting the full text of the Protocol I have in view to facilitate the Court and the defense the correct estimation of the document. MR. LOGAN: If the Tribunal please, we haven't seen the new map. With regard to the testimony offered by prosecutor here as to the authenticity and what the yellow line meant on the map, wo ask that that be stricken If there is any doubt about it they should call a witness to give the testimony which was given by the prosecutor here. THE PREMDENT: The new map can be given provided it is properly certified to and an explanation may be given for tendering a new map. The explanation given is because of that yellow line the Court may not regard It as having probative value. That explanation requires no testimony on oath or otherwise. Tender the new map,if you wish. COLONEL t-MIRNOV: With the permission of the Court, I would like to make a short statement. We have presented the map in evidence, your Honor. The map is properly certified by the Chief of the Record Office of the USSR. THE PREMDENT: Does that appear on the map? 15,538 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Is the certificate under the hand of the party certifying? COLONEL MCIHNOV: It is on the baok of the document. THE PRESIDENT: Well, the defense should see the document proposed to be tendered so that it may take objection if they think fit. MR. LOGAN: If the Tribunal please, in order to save time I desire to submit at this time a reservation to object after we have seen the map. 1 2 3 4 ' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,539 COLONEL SMIRITOV: If the Court please, during the presentation of evidence in•the prosecution phase dealing with the Japanese Aggression against the USSR we cancelled temporarily a number of documents consorn- ing certain matters and we did not present them because we did not have at our disposal the full documents, as required, but only excerpts therefrom. Mr. President suggested that wo present the whole evidence dealing v'ith the matter later. On this ground Minister Golunsky said we should omit this group of documents with the understanding that wo should have an opportunity of presenting them at a later date. I respectfully invito the Tribunal's attention to pages 7748-7749 of the record. I have been informed that these documents have now boon found and will be sent to us from Moscow at the end. of January after having boon put in due form. Consequently, t"jo shall get them In the middle of February and. I will bo able to process them and present t-?cm to the Tribunal, if your Honor please, sometime later than the middle of February. I do not want to anticipate the time ^hon these documents may be presented but any decision of the Tribunal as to the time of presenting thorn is ac- ceptable to us. I am speaking of several documents dealing with 15,540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subversive activities of the Japanese at the Chinese- Eastern Railroad, with en undeclared war waged in the Nomonghan area, and with subversive activities of the Japanese against the U.S.S.R. which were carried on in the Far East, and of the preparation of war against the U. S. SsRs THE PRESIDENT: Y u have raised a very nice point as to the extent to which we can receive evidence for the prosecution after the case of the prosecution has been closed. I shall have to discuss that with my colleagues. I T-ill say nothing about it to-day. The defense may wish to be hear! on that point too be- fore ,:'e come to any decision. ITi. LOC-AN: You mean now, your Honor, or at a later date? THE PRESIDENT: T:r'-en the matter Is raised. It is obvious that the evidence ;ill not be available before the defense opens their case unless the prosecu- tion are going to take a much longer time to complete their case than I anticipated. It may be, of course, that the prosecution's cso will not end before the middle of February. I could not say, COLONEL SITIRrT0V: I would like to invite the Tribunal's attention that in the course of the presenta- tion of the prosecution's case that defense counsel, 15,541 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 Fa.]or Blakeney, presented to the Court r book by Reginald Johnson, "Twilight in the Forbidden City", and then a letter which was supposed to have boon written by Pu-Yi was also presented by the defense counsel, so in ray submission there is a precedent for the presentation of additional documents in the course of the defense phase of the trial. TEE PRESIDENT: It may be a fact here that the prosecution's case may be closed before the evidence that you foreshadow is available. However, we arc not in a position to argue the matter to-day, satisfactorily, at all events. The defense will want some notice. Arc you tendering that now map? COLONEL SMIRNOV: "os, your Honor. THE PRESIDENT: Admitted, on the usual terms. CLERK OF THE COURT: Prosecution document entitled "An addition to document No. 2242", vht<-h .re- ceived exhibit No. 753, and a new photostatic map at- tached thereto will be given exhibit No. 2175. (^hereupon, the document above re- ferred to -'as marked prosecution's exhibit No. 2175 -nd received in evidence.) C0L0I3SL SMIRNOV: That is all, your Honor. 15,542 A b r a m & S P t t 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE PRESIDENT: Mr. Blewett. MR. BLEWETT: During the presence of the prosecution for the Soviet Republic in Court it might be feasible to inquire when we may expect the produc- tion of the witness Tomenega. I recall the witness -- the Court acceded to the request of the defense that he be produced. THE PRESIDENT: Is the prosecutor res- ponsible for that phase present? I can't answer it. Somebody at the prosecution table must answer that. Mh. TAVENNER: If it please the Tribunal, that is a matter of which I do not have particular information. I think it is a matter that has always heretofore been handled in Chambers on motion, and we would be very glad to take it up with counsel at any time. I am informed now that General Vasaliev, who is absent today on account of illness, may have information in regard to it. MR. BLEWETT: At the pleasure of the Court, may I also suggest, your honor, that request has been made for other witnesses in this phase of the case which have not yet been concluded by your honor and Members of the Tribunal? THE PRESIDENT: I will consult with my colleagues about that, Mr. Blewett. 15, Judge Hsiang. JULGE HSIANG: Mr. President and Members of the Tribunal: The prosecution introduces in evidence IPS document No. 2955, being a report by Professor Chang Feng-Chu, handwriting expert, chosen at the request of the prosecution to make a study cf the handwriting of prosecution witness ?u Yi for the purpose of determining the genuineness of the letter to defendant General MINAMI allegedly written by the hand cf Pu Yi, the abdicated Emperor Hsuan Tung of China. This questioned letter received Court exhibit No. 278. See record of Court proceedings, page 4116, page 4164, page 4199, etc. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 2955 will receive exhibit No. 2176. (Y/her-.upon, the document above re- ferred to was marked prosecution's exhibit No. 2176 and received in evidence.) JULGE HSIANG: I will now read exhibit No. 2167: "A Report on the Study of Pu-Yi's handwriting. "I. Purpose of the Study - V̂ hether the so- called Emperor Hsuan Tung's letter to General MI M M I dated the first day of' the ninth moon in the year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,544 •'Hsin--V*ei' - 1931 - is in Pu-Yi's handwriting. "II. Findings of the Study - The so-celled Emperor Hsuan Tung's letter to General MIKAMI dated the first day of the ninth moon in the year 'Sin-Wei' 1931 is WOT in Pu-Yi's handwriting. "III. heasons supporting the Findings - See photostats at end of document representing papers 1 to 5. "Paper 1. Cn the afternoon of 29 August 1946, in the presence of the representatives of the International Military Tribunal for the Far East, the International Prosecution Section and the Defense together with the handwriting exports chosen by the prosecution and the defense respectively, Pu-Yi made specimens of his handwriting on three sheets of paper. There are 123 Chinese characters on the first sheet of paper. (Paper 1). 17 characters on the second sheet (Paper 2) and 116 characters on the third sheet (Paper 3.) The characters which Fu-Yi wrote on the first and the second shee ts of paper (Papers 1 and 2) were characters taken from tthe so-called Emperor Esuan Tung's letter to General MIK&MI dated the first day of the ninth mcon in the year 'Ksin-Wei' (that is, the 20th year of the Republic of China, namely, the year 1931)' As th^se characters were selected at random and not word 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15, for word, the following 37 characters found in the said questioned lettei were not written by Pu-Yi in our presence: (Ch'u) (Ts'o) (Shih) (Tang) (Shen) (Min) (Tzu) (Ch'ien) (Huang) (Shih) (Chia) (Ting) (Chiao) (Shou) (Fu) (Szu) (Chun) (Ch'en) (Jen) (T'an) (Ch'uan) (Jang) (Han) $Tsu) (Chi) (Cheh) (Ch'e) (Ti) (Ch'ih) (Euo) (Tang) (Hsing) (Yeh) (Shih) (Chu) (To) (Chien). "Pu-Yi wrote the characters (pu) (Yi), his signature in Chinese, which are not found in the questioned letter. "The third sheet of paper (Paper 3) contains Pu-Yi's handwriting of characters taken from what is supposedly written by His Majesty Emperor Hsuan Tung on a fan belonging to Johnston, his tutor. On this sheet of paper the two characters (Yee) and (Chin) are erroneously copied for (Tsao) and (Ling), the latter two characters appearing on the above mentioned fan. The two characters (Man) and (Fei) which Pu-Yi wrote in his specimen handwriting are not found on the said fan. On the other hand, the following 12 characters on the fan were not written by Pu-Yi in his specimen handwriting: (Keng) (Wu) (Hsia) (Yueh) (Ch'u) (Wei) (Chih) (Tao) (Szu) (Fu) (Shu). The two characters (pu) (Yi) found in Pu-Yi's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,546 specimen handwriting on the third sheet of paper do not appear on the fan. "Upon comparing Pu-Yi's handwriting found in Papers 1, 2 and 3 (see photographic copy) with the handwriting found in Paper 4 which is the photographic reproduction of the questioned letter, I have found that the so-called Emperor Hsuan Tung's letter to General MINALI dated the first day of the ninth moon of the year 'Ksin-Wai' is definitely a forgery and is cer- tainly not in Pu-Yi's handwriting. The reasons are as follows: "1. Spirit and Air in the Handwriting - Any one with an elementary knowledge of penmanship can readily tell that these two sets of writings are not from the same hand just by comparing the handwriting found in Paper 4 with the handwriting found in Papers 1, 2 and 3. Pu-Yi's handwriting as shown in Papers 1, 2 and 3, is plump and stiff in general appearance while the handwriting in Paper 4 is soft and thin. The one is clumsy while the other is nimble. The one is heavy and steady while the other is airy and flighty. "2. Style of the Handwriting - The style of handwriting used in the so-called Emperor Hsuan Tung's letter to General MINAMI dated the first day of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,54? ninth moon in the year 'Hsin-Wei' (1931) is commonly known as the 'intermediate style' ?nd the style used by Pu-Yi is his specimen handwriting in Papers 1, 2 and 3 is commonly known as the 'square style.' The fact that the one is in the 'intermediate style' and the other is in the 'square style' does not prevent an adequate comparison for the purpose of determining the genuineness of the questioned letterc5 however, for the purpose of further comparison we requested Pu-Yi while writing in our presence on the afternoon of 29 August 1946 to write also in the 'intermediate style'. Pu-Yi replied that he was unable to comply with our request as he could not write in the 'inter- mediate style'. But we kept on urging him and he finally complied with our request by trying to write in the 'intermediate style1, and the 'running or cursive style'. The result was that although the following Chinese characters (Mou) (Nien) (Tsai) (Chiu) (Yu) (T'su) (Wen) (Fei) (Tung) (Ya) (Chih) (Rung) (Ku) (Shih) (Fu) (Chung) (Wu) (King) (Erh) (Yen) (Chen) (Heng) (Yeh) etc. found in the 6th, 7th, 9th and 10th lines of Paper 1 are something between the 'intermediate style' and 'running or cursive style', they are so poor that it is evident that the handwriting as photographically 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15, reproduced in Paper 4 is by a different hand. In general, Pu-Yi, in his better days, must have put some effort in learning to write both small and large characters in the 'square style' as shown in Paper 3. He is definitely weak in the 'intermediate style' of penmanship." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "(3) Strokes in the handwriting — t h e dots in Pu-Yi's handwriting forming a part of the following Chinese characters: "(Pien) (Fu) (Yi) (Wen) (Shih) (Chi) (Ning) (Ch'iung) (Hsin) , etc. are genera.lly shaped. But the dots appearing in the questioned letter are in the form of . The four Chinese characters (Chih) Yuan) (Ta) (Tu) written by Pu-Yi are entirely different from those found in the said questioned letter. The left component part (Yen) of the character (Hou) in Pu-Yi's handwriting is also greatly different from the (Yen) of (Jaug) and ilfon) appearing in the said letter. *" "(4) Character (Chang) — Pu-Yi wrote (Chang Ai) which appear in the said letter as (Chang Ai). The mistake in the left component part of this one Chinese character in-the said questioned letter not only proves that the letter is" a forgery but also betrays the fact that it was not written by a Chinese. "(5) Note and Signature (Cheng Hsiao-Shu) — In the lower left corner of the paper marked 4 bear- ing the photographic reproduction of the so-called Emperor Hsuan Tung's letter to General MINAMI dated the first day of the ninth moon in the year 'Hsin-Wei' 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,550 (1931) Is found a note consisting of the following 14 Chinese characters: (Chin) (Shang) (Yu) (Pi) (Cheng) (Hsiao) .(Shu) (Chia) (Erh) (Yueh) (Erh) (Shih) (Jih). "(Translator's Notes The meaning of the said note is as follows: This is the present Emperor's Handwriting, Cheng Hsiao-Shu, the 20th day of the second moon in the year 'Chia-Si,' namely, 1934,) "In connection with Cheng Hsiao-Shu's note and signature, the absence of certain indispensable words absolutely required by convention and court usage; such as the character (Chen, meaning 'Minis- terial Servant') above Cheng Hsiao-Shu*s name and the characters (Chin Tih, meaning 'respectfully noted by') attached to his name; reveals the forgery of the document. "For the aforegoing reasons, I have come to the conclusion that the so-called Emperor Hsuan Tung's letter to General MINAMI dated the first day of the ninth moon in the year 'Hsin-Weir (1931) is not in Pu-Yi:s handwriting. "Iv. Corollary — Apart from the main result of the study stated above, the sub-findings are given as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,551 "1. The so-called His Majesty Emperor Hsuan Tung's handwriting on the fan belonging to Johnston, his tutor (page 5) is not in Pu-Yi's hand- writing. "2. The handwriting in the so-called Emperior Hsuan Tung's letter to General M1WAMI, dated the first day of the ninth moon in the year 'Hsin-Weir (1931) and the so-called His Majesty Emperor Hsuan Tung's handwriting on the fan belong- ing to Johnston, his tutor, are not written by the same person. "The handwriting on the fan as shown in Paper 5, being different from Pu-Yi's handwriting as shown in Papers 1, 2 and 3, is also different from the handwriting in the so-called Emperor Hsuan Tung's letter to General MINAMI dated the first day Of the ninth moon in the year 'Hsin-Wei' in all . respects, such as spirit, style, strokes and so forth. Suffice it to say that even a person with but an elementary knowledge of penmanship can readily tell the difference between the handwriting on the fan and the handwriting in the questioned letter. "Report on Handwriting made by Cheng Feng- Chu (signed). Formerly, Professor of Chinese 15,552 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Literature, National Peking University; formerly, Lecturer on Chinese Literature, Institut des Hautes Etudes Chineise Universite de Paris; at present, Member of the Committee on Educational Research, Ministry of Education, Nanking; concurrently, Cultural Expert of the Chinese Mission in Japan, Tokyo." THE RESIDENT; That is a unanimous report, is it, Judge Hsiang? JUDGE HSIANG: This is a report made by the expert chosen at the request of the prosecution. THE PRESIDENT: From your side, unanimous. MR. BLAKENEY: May it please the Tribunal, I wish to object to the — I wish to move to strike out this document for the following reasons: first, that it is supported by no oath of any nature; second, that the document purports to be the export testimony of a man who does not show himself qualified as an expert; and, to emphasize the significance of that latter point, I should like to point out that his corollary (1) on page 6, that the fan is not in Pu-Yifs handwriting, is directly contrary to the testimony of Pu-Yi himself. Inasmuch as the witness fienies the authenticity of the document admitted by the writer, I think the matter of his qualification is of obvious importance. In that connection I refer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,553 | the Tribunal to page 4292 of the record, in which in response to the question, "In whose handwriting is the fan?" Pu-Yi said, "That is my own handwriting." THE PRESIDENT: Well, it is very unsatis- factory at this stage. We should have an oath, of course, covering this, or have an affidavit. JUDGE HSIANG: May I be permitted to say a few words in explanation. According to the Chinese custom, a paper like this, if he signed it himself, an oath is not necessarily required. A document of this nature — THE PRESIDENT: Well, seeing that he is here in Tokyo, he should be subjected to cross-examina- tion. JUDGE HSIANG: The prosecution will try to obtain him and. present him for that purpose. I want to finish my first sentence; that is, a paper of this nature, as it was prepared in original Chinese form, is admissible to the Chinese Court without oath. THE PRESIDENT: If he makes an affidavit do you want to have him tendered for cross-examination, Major? MR. BLAKENEY: We have no desire to cross- examine this witness, your Honor. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,554 " THE PRESIDENT: Well, you are objecting to this evidence as not being under oath. There should be an affidavit at least. JUDGE HSIANG: We will try to obtain an affidavit for that purpose. THE PRESIDENT: What the effect will be, I would not venture to say. It is a common experience with handwriting experts. MR. BLAKE KEY: I understand the Tribunal is not ruling on the question of the expert's quali- fication on this point. THE PRESIDENT: He should be well qualified in view of his claim to be what he is, but we cer- tainly want what he says on oath, and his oath will extend to his qualification. Until the sworn testi- mony is forthcoming we will not act on the report. Mr. Tavenner. MR. TAVENNER: If it pleases the Tribunal, in an earlier phase of the case I called the Tribunal's attention to the official positions held by some of the accused on 25 November 1941. In this connection, as appears at page 6048 of the transcript of pro- ceedings, I said that the accused SHIRATORI held the position of "Advisor to the Foreign Minister." Further investigation shows that SHIRATORI was relieved 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15,555 from this post at his request on 22 July 194-1, and I desire to make this alteration. We now desire to present some additional evidence relating to certain of the accused. The Tribunal, as shown at page 1513 of tfce transcript of proceedings, granted the prosecution's application to introduce in evidence the testimony given by Dr. OKAWA at his trial in September 1934 in the Tokyo Court of Appeals for his alleged partici- pation in what is known as the "May 15th Incident" of 1932, with the modification that the whole of OKAWA's testimony be presented. As the Tribunal will recall, the translation and processing could not be completed during the phase of the case then being presented, so, with the Tribunal's approval, I desire at this time to file for identification only prosecution document 1908, which is Volume 63 of 65, "Proceedings, Tokyo Court of Appeals" marked 46, "May 15th Incident and OKAWA Faction," and I offer in evidence the OKAWA testimony taken there- from as document 1908-B. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document No. 1908 will be given exhibit No. 2177 for identifi- cation only, and the marked excerpts therefrom, bearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 document No. 1908-B, will be given exhibit No. 2177-A. (Whereupon, document No. 1908 was marked prosecution's exhibit No. 2177 for identification, and document No. 1908-B was marked prosecution's exhibit No. 2177-A and received in evidence.) THE PRESIDENT: We should be given copies of the map tendered by the Soviet prosecutor. That can be done on Monday. We will adjourn until half-past nine on Monday morning. (Whereupon, at 1600, an adjournment was taken until Monday, 20 January 194-7., at 0930.)
Vancouver : University of British Columbia Library
Image provided for research and reference use only. Permission to publish, copy, or otherwise use these images must be obtained from Rare Books and Special Collections http://rbsc.library.ubc.ca
University of British Columbia Library Rare Books and Special Collections
January 17, 1947 - Index (p.15,453-15,556)
Text