AtoM
David Conde fonds
International Military Tribunal for the Far East
Trial transcripts
Conde, David W.
application/pdf
26 FEBRUARY 1947 TABLE OF CONTENTS Page Citation re Treaty Between Japan and Germany pertaining to Cultural Co- operation (Exhibit No. 37) by Mr. Howard Agreement of Cultural Cooperation Between Japan and Italy (Exhibit No. 38) re Agreement consummated between Japan and Italy for the same purpose as shown in Exhibit No. 37' (Exhibit No. 38) by Mr. Howard Citation re Agreement Regarding Trade Between Japan and Germany (Exhibit No. 39) by Mr. Howard Citation of Tri-Partite Alliance of Japan, Germany and Italy (Exhibit No. 43) by Mr. Howard Citation re the Conclusion of the Pro- tocol with respect to the Extension of Validity of the Anti-Comintern Pact (Exhibit No. 48) by Mr. Howard Citation re Announcement of the Board of Information Concerning the No Separate Peace Agreement Between Japan, Germany and Italy with respect to V/ar against the U. S. and the British Empire (Exhibit No. 5D by Mr. Howard Exhibit No. 49 - Secret Military Agreement Between Germany, Italy and Japan (not read but called to the Tribunal's attention re its significant date, 18 January 1942) by Mr. Howard Citation re the Neutrality Pact Between the USSR and Japan (Exhibit No. 45) by Mr. Lazarus 17233 17234 17234 17235 17236 17238 17239 17239 TABLE OF CONTENTS Page Citation re Denunciation of the Soviet- Japanese Neutrality Pact (Exhibit No. 54) by Mr. Lazarus 17241 Citation re Declaration of the Soviet Government to the Government of Japan (Exhibit No. 64) by Mr. Lazarus 17243 1 Citation re Treaty Concerning the Basic Relations Between Japan and China (Exhibit No. 40) by Mr. Lazarus 17245 ( Citation re Treaty Concerning the Con- tinuance of Friendly Relations Between Japan and Thailand and the Mutual Respect of each other's Territorial Integrity (Exhibit No. 41) by Mr. Lazarus 17248 Citation re Exchange of Letters Between the French Ambassador at Tokyo and the Japanese Minister of Foreign Affairs (Exhibit No. 42) by Mr. Laaarus 17248 Citation re Truce Between French Indo- china and Thailand (Exhibit No. 44) by Mr. Lazarus 17250 Citation re Franco-Japanese Treaty of Residence and Navigation Relative to French Indo-China (Exhibit No. 46) by Mr. Lazarus 17250 Citation re Peace Agreement Between France and Thailand (Exhibit No. 47) by Mr. Lazarus 17252 Extract from "Peace and War" (p.475) (Exhibit No. 53) by Mr. Yamaoka 17253 TABLE OF CONTENTS Page Citation re Japan's Notice of With- drawal from League of Nations (Exhibit No. 65) by Mr. Yaraaoka 17258 1045 -1100 RECESS Citation re Freezing of J?p.->nese and Chinese Assets in the United States (Exhibit No. 67) by Mr. Yamaoka 17262 ( 26 FEBRUARY 194-7 I N D E X Of EXHIBITS ( ( Doc. No. 74 78 196 344 216 163 162 473 Def. Pros. No. No. . 2283 2284 For Ident. 2285 (Not admitted) 2286 2287 - 2288 2289 Description Shimonoseki Treaty dated 17 April 1895 Separate Articles of the Shimonoseki Treaty dated 17 April 18-95 Protocol of the Shimonoseki Treaty dated 17 April 1895 Telegram dispatched by the Japanese Charge dlAffaires 0N0 at Berlin to the Japanese Foreign Minister dated 5 December 1923 Objection upheld Telegram from Foreign Minister MUTSU to Ambassador NISEI dated 5 May 1895 Telegram from NISHI, Minister at Saint Petersburg to Foreign Minister MUTSU dated 3 May 1895 Treaty of Alliance Between China and Russia dated May 1896 Exchange of Notes Between Japan and the United States re the Protection of Commercial Rights of China dated 20 December 1899 In Evidence 17264 17274 17276 17280 17283 17285 17290 17293 I N D E X Of EXHIBITS Doc. No. 202 29 41 55 56 80 232 132 59 134 Def. No. 2290 2291 2292 2293 Pros, No, Description For Iderit. In Evidence 2294 2295 2296 2297 2298 2299 Book by John B. Powell entitled "My Twenty- Five Years in Chira" 17303 The Peace Protocol Agreement of Alliance of 1902 Between Japan and Great Britain Second Agreement of Alliance of 1905 Between Japan and Great Britain, replacing the original Alliance of 1902 Further Renewal of Agreement of Alliance Between Japan and Groat Britain in 1911 Ultimatum delivered by Japan Against Germany during world War I Imperial Rescript Declaring war on Germany Anglo-Japanese Declaration to the Longue of Nations Relative to the Anglo- Japanese Agreement of July 13 1911 Additional Articles to the Portsmouth Treaty Convention Between Japan and Korea dated 17 Nov.-rber 1905 17304 17305 17310 17310 173H 17312 17312 17314 17316 I N D E X Of EXHIBITS Doc. Tin 135 42 472 183 173 348 ( 2 0 6 206-BC30) 45 Dcf. No. 2300 2301 2302 2303 2304 2305 2306 2306-A 2307 Pros, No, For In Description Idont. Evidence Declaration as to the Annexation of Korea to the Empire of Japan 17317 Treaty Regarding the Annexa- tion of Korea to the Empire of Japan " 17320 Secret Convention of July 1907 Between Russia and Japan 17321 Tri-Partite Agreement in regard to Outer Mongolia Between Russia, Mongolia and China 1732.5 Agreement Between USSR and Outer Mongolia dated 5 November 1921 17329 Immigration Act of 1924 of the Unit--d States (popularly known as the "Japanese Exclusion Act") 17334 Book entitled "Ten Years in Japan" by Joseph C. Grew 17340 Excerpt therefrom 17340 46 2308 Exchange of Notes dated 20 January 1925 Between the USSR at Peking re the Con- clusion of the Basic Treaty Between the USSR and Japan 17343 Frotocol (A) of the Basic Treaty Between the USSR and Japan dated 20 January 1925 " 17347 I N D E X Of EXHIBITS Def. Pros. For In Nq. No. Description Ic*ent. Evident 2309 Protocol (B) of the afore- said Basic Treaty Between the USSR and Japan dated 20 January 1925 17350 2310 Declaration Annexed to Froseeution Exhibit No. 31 17353 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 17 $232 Wednesday, 26 February 1947 INTERNATIONAL MilITARY TRIBUNAL FOR THE FAR EAST Court House of the Tribunal War Ministry Building Tokyo, Japan i The Tribunal iret, pursuant t© adjournment, at 0930. Appearances: For the Tribunal, same as before. For the Prosecution Section, same as before. j For the Defense Section, same as before. 1 j The Accused: All present except OKAWA, Shumei, who is . * ' ' T.vf represented by his counsel. (English to Japanese and Japanese to English interpretation was made by the Language Section, IMTFE.) f 7 ' . —j r—|—| - 17,233 G r e e n b e r & iJ o r s e i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 MARSHAL OF THF COURT: The International Military Tribunal for the Far East is now in session. THE PRESIDENT: Mr. Tavenner. MR. TAVENNER: If it please the Tribunal, yesterday the matter of cooperation by the prosecu- tion in the processing of defense documents was mentioned in court. I want to state in that rega rd that we are doing everything we can to cooperate with the defense in the processing of their documents. As of yesterday we had processed two hundred of their documents. I am informed there has been no instance in which we have refused to accept one for processing or for translation. THE PRESIDENT: Mr. Logan. MR. LOGAN: If the Tribunal please, tho state- ment as made by Mr. Smith was not in any criticism of the facilities which were offered. It was just the difficulties that are being encountered by the processing department. THE PRESIDENT: Mr. Howard., MR. HOWARD: Mr. President and Members of the Tribunal: With the Court's permission we now read from prosecution exhibit No. 37 which is a trealy between Japan and Germany pertaining to cultural cooperation 17 $234 for the purpose of establishing that it was purely a cultural relation. It is exhibit 37 ^nd I only wish to read Articles I and II: "The High Contracting Powrrs shall mutually cooperate most closely in order to strive to establish their cultural relations on a firm basis. "Article II. The High Contracting Powers, in order to achieve the object of the ^receding article, shall systematically nromote the cultural relations between the two countries in the fields of learning, arts, music, literature, cinema, radio broadcasting, youth movement, and shorts." Exhibit 38. We call the Tribunal's attention to prosecution exhibit 38 which is an agreement on cultural cooperation between Japan and Italy which was consumated between these countries for the same purnose as shown in exhibit 37* Exhibit 39. The purpose of reeding from exhibit 39 is to show the economic conditions as they existed in 1939 resulting from pressure from other countries as will be shown by later evidence. I read the first paragraph only: "The Government of Japan and the Government of Germany, in due consideration regarding the import and export of both countries, have reached the following 1 2 3 4 5 6 7 8 9 LG 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 $235 agreement in the hone of nromoting mutual trt.de and to bring about its develonment for the benefit of both countries so ss to meet nresent economic conditions." THE PRESIDENT; Well, you need not read all that, Mr. Howard. MR. HOWARD: No, that is all. THE PRESIDENT: It would be sufficient per- haps if you went through those exhibits end told us just what use you pronose to make of them without reading them to any extent. MR. HOWARD; Exhibit 43. "Te invite the Tribunal's attention to prosecution exhibit 43 which is the Tri-Partite Alliance between Janan, Germany and Italy. We had intended to read the Preamble, Articles 3 and 5 of exhibit 43 in view of the imnortance the nrosecution has apparently attached to this Pact. It will be noted that it was defensive in nature and did not contemplate any aggressive action against Russia. Shall I read the parts that I made note of, / your Honor? THE PRESIDENT: We are familiar with this document. This is one of the documents with which we ©re very familiar. It is helpful to be told just what use you are going to make of the documents but it doesn't help to read them to any extent. 17,13 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 MR. HOWARD: Exhibit 48. 1Pe now rerd from prosecution exhibit 48 which is rn announcement by the Board of Information of November 25, 1941, with respect to the extension of the Anti-Comintern Pact. We will reed the first two paragraphs which sets forth the reasons why the Anti-Comintern Pact was extended. "Since the conclusion on November 25, 1936 between Japan and Germany of the Agreement against the Communist Internationale - the so-called Anti-Comintern Pact - Italy adhered to it on November 6 of the follow- ing year (1937), as original signatory. She was then followed by Manchukuo, Hungary and Spain, bringing the number of the participants to six countries, thus displaying its effectiveness. As the five-year period of the validity of the Agreement was about to expire, the Signatory Powers consulted among themselves, which resulted in an agreement of views to extend its vrlid- ity for five more years. A new Protocol concerning the extension of validity of the agreement was signed today, November 25, at Berlin between the plenipoten- tiaries of the six Powers, namely, Japan, Germany, Italy, Mmchuvuo, Hungary and Spain. "It requires no reiteration that the Communist International, or the Comintern, with its world-wide organization, is carrying on disruptive 17,237 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 rarchin?tions of communistic nature in rll parts of I I the world. Accordingly, defence against such machin- ations must be of a world-wide score. rith the task of establishing a new order in Fast Asia as the basis- of her national policy, Japan feels keenly the increas- ing necessity of safeguarding against the Comintern. Thi t the Anti-Comintern Pact has accordingly been renewed, and that participation of countries, which will shrre similar intentions under the provisions of the new Protocol, is envisaged, is a source of pro- found congratulation." THE MONITOR: Since the Language Section does not hr.ve the Japanese text of the portion just re<:d it will now be translated from the English text. 17,238 l 2 3> 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 i 22 | I 23 24 25 THE PREhiDENT: I suppose you bave all these documents In Japanese. MR. HOWARD: I understood that we did have. I am sorry that I did not know about that in advance. THE PRESIDENT: If so, why is there not a simultaneous translation? I suppose you have road all of this document that you intend to read. MR. HOWARD: That is right. I have been asked to point out that the secret protocol attached to the original Anti-Comintern Pact was not extended by this agreement. THE PRESIDENT: There is no evidence that it was, and we must act on evidence. MR. HOWARD: We now read from prosecution exhibit 51 which is an announcement of the Board of Information concerning the No Separate Peace Agree- ment between Japan, Germany and Italy with respect to the war against the United States and the British Em- pire. We will read the second through the fifth paragraphs of this agreement. It will be noted that this agreement was not made until December 11, 1941, after the commencement of the Pacific War. This agreement is similar to agreements which were entered into by the Allies prior to the commencement of the Pacific War. 17,239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE PRESIDENT: Do summarize those five articles. The translators are not going to read from the Japanese text. Actually, there is no need to summarize them. We know what they contain. MR. HOWARD: Exhibit 49. We next invite the Tribunal's attention to prosecution exhibit 4'9 being the secret military agreement between Gormany, Italy and Japan. We will not read this exhibit, but we call the Tribunal's attention to the date which is significant, being 18 January 1942. With the Court's permission, Mr. Lazarus will proceed from this point. THE PRESIDENT: Mr. Lazarus. MR. LAZARUS: Prosecution exhibit 45, the Neutrality Pact between the Union of Soviet Socialist Republics and Japan. With the Tribunal's permission, I respectfully ask to road a mere thirty lines includ- ing the dpclaration and the dates of the ratification of this pact which we consider most important in view of the fact that a declaration of war was made later. The first page, Article 1, 2 and 3 only: "Article 1. "Both contracting parties engage to maintain peaceful and friendly relations between themselves and mutually respect the territorial integrity and inviola- r 17,240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 j 19 | 20 21 22 23 24 25 bility of the other contracting party. "Article II. "In case one of the contracting parties be- comes the object of military action from the part of one or s^v^ral other powers, the other contracting party will maintain neutrality during the whele period of the conflict. "Article III. ,trphe present Pact will corne Into force from the day of its ratification by both contracting parties and will remain in force during five y~ars. If neither of the contracting parties denounces the Pact a year before the Pact expires, it will be con- sidered to automatically continue for the following five years." After the signatures in the middle of that page, beginning "The Neutrality Pact." "The Neutrality Pact between the U.t.b.R. and Japan was ratified by the Presidium of the fc-upreme Council of the U.fc.t-.R. on April 25, 1941. "The exchange of ratification acts of the Neutrality Pact between the U.t-.i-.R. and Japan was done in Tokyo on May 20, 1941. "DECLARATION. "In accordance with the spirit of the 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 17 $241 Neutrality Pacrt concluded on April 13, 1941 between the U.S.^.R. and Japan, the government of the U.b.S.R. and the government of Japan, in thro interests of se- curing peaceful and friendly relations between both countries, solemnly declare that the U.b.t.R. engages to respect the territorial integrity and inviolability of Manchukuo, and Japan engages to respect the terri- torial integrity and inviolability of the Mongolian People's Republic," Prosecution's exhibit 54. We call the Tribunal's attention to the alleged denunciation by the Soviet Union of the i-oviet-Japanese Neutrality Pact on the 5th of April, 1945 which was just read to the Tribunal as prosecution exhibit 45. We point out to the Tribunal that the Neutrality Pact was to re- main in force until May, 1946; but notwithstanding, the U.S.f.R. commenced hostilities against Japan in August, 194 5. 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 17 $242 Prosecution exhibit 54: "On the Denunciation of the -Soviet-Japanese Neutrality Pact. "On April 5 at 3 o'clock p.m., V. K. Molotov, the People's Commissar for Foreign Affairs of the USSR, received Mr. N. SATO, the Japanese Ambassador, and on behalf of the Soviet Government made the fol- lovving statement: "'The neutrality pact between the Soviet Union and Japan had been concluded on April 13, 1941, i.e., before Germany attacked the USSR and before the war broke out between Japan on one side and Britain and the United States on the other. "'From that time on the situation changed completely. Germany attacked the USSR, and Japan, the ally of Germany, helps the latter in her war against the USSR. Besides Japan wages war against the USA and Britain, the allies of the Soviet Union. "'Under these circumstances the neutrality pact between Japan and the USSR lost its meaning, and the prolongation of this pact has become impossible. "'In accordance with the above said, and according to Article 3 of the said pact, which provides for the right of denunciation, one year prior to the expiration of the five-year term of the pact, ttte Soviet 17,243 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 Government informs herewith the Government of Japan of the wish to denounce the pact of April 13, 1941.'" Prosecution exhibit 64, the Declaration of War by the Soviet Government against Jaoan. It will be shown later that this declaration was delivered to the Japanese Ambassador in Moscow almost simultaneously with Russia's opening of hostilities and was not delivered to the proper officials in Tokyo until after the commencement of war. It will be proven later that on 5 February 1945, at Yalta, Soviet Russia agreed with the other Allied Powers, in exchange for territories in China, to violate this neutrality pact and to declare war against Japan. THE PRESIDENT: Why not use the Japanese version of this to secure simultaneous translation, and also a simultaneous translation of your remarks furnished to thorn? MR. LAZARUS: As soon as we can catch up with them, Mr. President, within the next couple of days, we will be doing that. We have triec cesperately to keep our remarks down to the barest minimum to avoid as much delay as possible, sir. (Rardiop) "On August 8, V. M. Molotov, the People's Commissar for Foreign Affairs of the USSR, received Mr. SATO, the Japanese Embassador, and on 17,244 1 2 3 4 5 6 7 « 9 10 11 12 13 14 15 16 * 17 18 19 20 21 22 23 24 25 behalf of the-Soviet Government s2a.dthe following statement to him to be communicated to the Government of Japan: "'After the rout and capitulation of the Hitlerite Germany, Japan Is the only great power which is still for the continuation of the war. "'The demand of the unconditional surrender of the Japanese Armed Forces made by the Three Powers - the United States of America, Great Britain and China - on July 26, this vear was declined by Japan. Thus the proposal made by the Japanese Government to the Soviet Union containing the request of mediation in the war in the Far East loses all ground. "'Taking into consideration the fact that Japan refused to surrender, the Allied Powers made a proposal to the Soviet Government to join the v;ar against the Japanese aggression and thus to shorten the period of time necessary to end the war, to reduce the number of victims, and to contribute to the speedy restoration of peace in the world. True to the allied cause, the Soviet Government accepted the proposal made by the Allied Powers ana joined the declaration of the Allied Powers made on July 26, this year. "'The Soviet Government believes that such a policy of its is the only way to bring nearer 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 17,245 advent of peace, to free the nations from further sacrifices ana sufferings, ana to give a chance to the Japanese people to avoid those dangers and damages, which were suffered by Germany, after she had declined the unconditional capitulation. On the basis of the above said, the Soviet Government declares, that from tomorrow, i.e., August 9, the Soviet Union will consider herself to be in a state of war against Japan.' "V. M. Molotov also told Mr. SATO that simul- taneously the Soviet Ambassador in Tokyo, Y. Malik, would hand the present declaration of the Soviet Government to the Japanese Government." Prosecution exhibit 40 Is a treaty concerning the basic relations between Japan and China. Te will only read Articles 1, 3, first paragraph of Article 4, Article 5 and Article 7 of this agreement. This agreement shows that the Wang-Ching-V/ei Government was not treated as a puppet government in view of the fact that Japan agreed to relinquish extra-territorial rights in China. (Reading) "Article 1. The Governments of the two countries shall, in order to maintain permanently- good neighbourly and amicable relations between the two countries, mutually respect their sovereignty and 25 territories and at the same time take mutually helpful 17,24-6 ana friendly measures, political, economic, and cultural and otherwise. "The Governments of the two countries agree to eliminate, and to prohibit in the future, such measures ana causes as are destructive of the amity between the two countries in politics, diplomacy, education, propaganda and trade and commerce, and other spheres. * * * * * "Article 3. The Governments of the two countries agree to engage in joint defense against all destructive operations of.communistic nature that jeopardize the peace and welfare of their countries. "The Governments of the two countries shall, in order to accomplish the purpose mentioned in the preceding paragraph, eliminate communistic elements ana organizations in their respective territories, end at the same time cooperate closely concerning information and propaganda with reference to the defense against communistic activities. "Japan shall, in order to carry out the defense against communistic activities through colla- borator of the two countries, station required forces in specified areas of Meng-Chiang and of North China for the necessary duration, in accordance with the 1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 $247 terms to be agreed upon separately." Article 4, first paragraph only: "The Governments of the two countries undertake to cooperate closely for the maintenance of common peace and order until the Japanese forces sent to China complete their evacuation in accordance with the terms as provided for separately. * * * * * "Article 5. The Government of the Republic of China shall recognize that Japan may, in accordance with previous practices or in order to preserve the common interests of the two countries, station for a required duration its naval units and vessels in speci- fied areas within the territory of the Republic of China, in accordance with the terms to be agreed upon separately between the two countries. "Article 7. According to the development of the new relations between Japan and China under the present Treaty, the Government of Japan shall abolish extra-territorial rights possessed by Japan in China and render to the latter its concessions; and the j Government of China shall open its territory for domicile and business of Japanese subjects." THE PRESIDENT: That agreement was not with 17,248 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 # 18 19 20 21 22 23 24 25 Chungking but with Nanking. MR. LAZARUS: That is correct, sir. Prosecution exhibit 41. I just wish to rend Article 3. This is a treaty between Japan and Thailand dated 12 June 1940. "Article 3. In the event of one of the High Contracting Parties suffering an attack from any third Power or Powers, the other Party undertakes not to give aid or assistance to the said Power or Powers against the Party attacked." TIE PRESIDENT: Article 3, not Article 4. MR. LAZARUS: I am sorry, sir. I meant Article 3, yes, sir. Prosecution exhibit 42 is an exchange of letters dated 30 August 1940, between the French Ambassador at Tokyo and the Japanese Minister of Foreign Affairs. I will read only the first five paragraphs of the letter of the French Ambassador and the memoran- dum of 23 December 1940 which embodies the agreement that resulted from the exchange of letters. This is read in order to show that Japanese troops landed In French Indo-Chin'a pursuant to legal authorization in accordance with this memorandum and not in violation of any treaties. 17,249 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 PRESIDENT: Mr. Comyns Carr. Mh. COMYNS CARR: I have refrained from inter- rupting with regard to these comments before. There are one or two comments to which objection might have been taken. With regard to the last one it overlooks the fact which has been proved that the Japanese troops were in French Indo-China before this letter was writ- ten. THE PRESIDENT: You rely on it as a ratifica- tion, I suppose? MR. iAZARUS: No, not only that, Mr. Presi- dent. The prosecution evidence is in. The defense evidence is not in. Then the whole story will be known as to when troops did land. THE PRESIDENT: Need you read any of this? MR. LAZARUS: I read the memorandum then, if the President please, the last page which is very short, just s "few lines. "23 September 1940—" THE MONITOR: Just a moment, Mr. Counsel, we have no Japanese translation of that text again. MR. LAZARUS: All right. Then I will not 1 read the memorandum* I will just state that it embodies the agreement allowing the landing of Japanese forces in French Indo-China in an amount not to exceed 25,000 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 17 $250 men. Prosecution Exhibit 44 is the truce between French Indo-Chine and Thailand dated 31 January 1941. I will read Articles 1 and 5. "Article I. The armed forces of both French Indo-China and Thailand will as a principle retreat ten kilometres respectively from their actual position as at 10 p.m. (local meredian time) 28th January 1941. The troops of both nations will retreat to the follow- ing lines or points: * * * * * s "Article Vc In addition to the foregoing, the troops of both countries shall stop all military actions as might cause a recurrence of dispute." Prosecution Exhibit 46 is the Franco-Japanese Treaty of Residence and Navigation relative to French Indo-China. I will read only the first three para- graphs of Article 1, Article- 15 £nd the second para- graph on the last page. "Article I. The nationals and native subjects, /'ressortissants'/ of ecch of the two countries shall have full liberty, with their families, to enter and reside in all the expanse of the territories cf the other Under the condition that they will conform to the laws of the country, they shall enjoy the following rights: "1. They shall, in all matters concerning 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 17 $251 travel and residence, be treated in the same manner as the nationals of the country; "2. They shall, like the nationals, have the right to carry on business and manufacturing industry and to deal in all articles which are the objects of lawful commerce, whether it be operated in person or by agents, whether alone or in partnership with for- eigners or with nationals; "3. They shall be, in matters concerning the engagement in industry, trade, or profession, and the pursuit of studies or scientific investigations, treated, in all respects, the same as the nationals and native subjects of the most favored nation. * * * "Article 15. The stipulations of the present treaty is applicable to all the territories and pos- sessions belonging to or under the jurisdiction of Japan, and to all the territories constituting the Government-General of French Indo-China." Then just before the signatures, the last paragraph: "The present treaty replaces the declaration of June 10, 1907, concerning French Indo-China, the declaration of August 19, 1911, concerning French Indo-China, and the protocol of August 30, 1927, pre- scribing the system of residence and navigations 17 $252 between Japan and Indo-China." And my last document, if the Tribunal please, prosecution Exhibit 47. This is the Peace Agreement between France and Thailand dated May 23d, 1941. I shall read from this Article 1, Article 10 and Para- graphs 1 and 2 of the Protocol between France and Japan concerning the guarantee and the political understanding of this Treaty. THE MONITOR: Mr. Lazarus, the Language Section has the agreement but not the protocol. MR. LAZARUS: I will skip reading the proto- col. Article 1 and Article 10 of the agreement: "Article 1. Friendly relations shall be re-established between France and Thailand on the funda- mental basis of the Treaty of Friendship, Commerce and Navigation of December 7, 1937. "Accordingly, direct diplomatic negotiations shall be entered into as soon as possible at Bangkok for the settlement of all questions pending as a result of the conflict. "Article 10. Any conflict which may arise between the two High Contracting Parties with regard to the interpretation or the application of the pro- visions of the present Agreement shall be settled 17,253 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 amicably through diplomatic channels. If the conflict cannot be thus settled, it shall be submitted to the mediation of the Government of Japan." With reference to the protocol, Mr. Presi- dent, may I just say that Japan guaranteed the borders of French Indo-China to France, and the French Gov- ernment accepted this guarantee. Mr. Yamaoka will continue, Mr..President, Thank you, sir. THE PRESIDENT: Mr. Yamaoka. MR. YAMAOKA: If the Tribunal please, we next invite the Tribunal's attention to prosecution Exhibit 53, being an excerpt from Peace and War, page 475, for the purpose of showing that the Treaty of Commerce and Navigation between Japan and the United States of 1911 was denounced on July 26, 1939. By this denunciation andthe expiration of the Treaty, as will be later shown, Japan was deprived of substantial com- mercial rights which had been secured to her under the said Treaty. This renunciation was the prelude to the events immediately preceding the Pacific War. 17 $254 s i p r 2 a t 3 t 4 & 5 Y e 6 1 d 7 e n 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. YAMAOKA: With the Tribunal's permission I shall read this exhibit. THE PRESIDENT; Is it necessary? MR. YAMAOKA: We felt so, your Honor, for the reason it has never been part of the transcript. It has not been entered as such. THE PRESIDENT: It is just a renunciation in diplomatic terms. MR. YAMAOKA: We should like to set forth the reasons assigned in this document. THE PRESIDENT: Read it. MR. YAMAOKA: Then with the Tribunal's permission I shall read prosecution's exhibit 53: "The Secretary of State to the Japanese Ambassador (HORINOUCHI)—Washington, July 26, 1939. "Excellency: During recent years the Government of the United States has been examining the treaties of commerce and navigation in force between the United States and foreign countries with a view to determining what changes may need to be made toward better serving the purposes for which such treaties are concluded. In the course of this survey, the Government of the United States has come to the conclusion that the Treaty of Commerce and Navigation between the United States and Japan which 17,255 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 was signed at Washington on February 21, 1911, contains provisions which need new consideration. Toward preparing the •way for such consideration and with a view to better safeguarding and promoting American interests as new developments may require, the Government of the United States, acting in accordance with the procedure prescribed in Article XVII of the treaty under reference, gives notice hereby of its desire that this treaty be terminated, and, having thus given notice, will expect the treaty, together with its accompanying protocol, to expire six months from this date. "Accept /etc/ "Cordell Hull." We next invite the Tribunal's attention to prosecution's exhibit 58, pages 30 and 31, being the communications denouncing the Washington Naval Treaties of 1922 by Japan for the purpose of showing that Japan's denunciation was in accordance with the provisions of the said treaties. THE PRESIDENT: Fir. Comyns Carr. MR. COMYNS CARR: Nobody has suggested the contrary, your Honor. We fail to see the object of taking up time in proving that which is already common ground. 17,256 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 THE PRESIDENT: Mr. Yamaoka. MR. YAMAOKA: If the Tribunal please, this Is a part of prosecution's exhibit 58 and was deemed of sufficient probative value to the prosecution to introduce it into evidence. THE PRESIDENT: There is no contest about it, as Mr. Carr says. MR. YAMAOKA: That may be so, your Honor, but the prosecution has attached certain motives to this Japanese denunciation and we desire to set forth for the purposes of the record the reasons why Japan made these denunciations as set forth in this document. THE PRESIDENT: You are familiar with the reasons, Mr. Yamaoka. Just give them to us in a few words, will you? MR. YAM OKA: but this is so succinctly and aptly put in this one letter here on pages 30 and 31 that I thought it might be advisable to use the exact language. THE PRESIDENT: Proceed to read then. Your Honor, I could do so 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 17,2 5? MR. YAMAOKA: I refer to the letter from the Japanese Ambassador SAITO to the Secretary of State, entitled "Note Verbale." (Reading): "Washington, December 29, 1934. "I have been telegraphically instructed by Mr. HIROTA to say to you, on the occasion of handing you the written notice of the intention of the Japanese Government to terminate the Washington Naval Treaty of 1922, in the following sense with suitable amplifications: "As has already been made known to the American Delegation in London, the basic policy of the Japanese Government in the present disarma- ment negotiations consists in the discontinuance of the ratio system and the total abolition of the ut- most limitation of aggressive' war vessels. From that point of view, the Japanese Government considers it inadmissible to have the Treaty continue in force." I am sorry. There is a misprint here in my draft. That "of" should be "or." "The Japanese Government entertains the desire that the preliminary negotiations shall be conducted in the friendliest spirit possible and, to that end, wished that all Powers concerned would conjointly make the notification of treaty termination. 17,258 1 2 3 4 5 6 7 >8 9 10 11 12 13 14 15 16 17 18 [ 19 ! 20 | 21 i I 23 24 25 The proposal has not been accepted by any of the Powers, and the Japanese Government has been con- strained to act singly in giving notice in accordance with the provisions of Article 23 of the Treaty it- self. "It is, however, a nutter of course that the Japanese Government has no intention whatever to proceed to naval aggrandisement or to disturb international peace. It will continue in its sin- cere endeavors to strengthen the relationships of peace and amity among all Powers, by. participating as heretofore in the friendly negotiations with the other Powers concerned in which it will strive for the conclusion with them of a new agreement, just, fair and adequate in conception and consonant with the spirit of disarmament, to replace the Washington Treaty." We now read from prosecution exhibit 65, which is Japan's notice of withdrawal from the League of Nations on March 27, 1933, which sets forth her reasons for such actions. With the Tribunal's per- mission I shall read exhibit 65. THE PRESIDENT; My colleague assures me that the last three paragraphs of this document have already been read into the transcript. 17,259 i 2 3! 4! 5 6 ! j ?! 8 i 9 I 10 j 11 ' 12 13 | 14 | 15 I 16 17 18 19 I 20 ! 21 22 23 24 25 IB. YAMAOKA: I am aware of that, and if I may be permitted I should like to read the first two paragraphs in order to complete this document. (Heading): "JAPAN'S NOTICE OF WITHDRAWAL FROM LEAGUE 27 March 1933. "The Japanese Government believe that the national policy of Japan, which has for its aim to insure the peace of the Orient and thereby to con- tribute to the cause of peace throughout the world, is identical in spirit with the mission of the League of Nations, which is to achieve international peace and security. It has always been with pleasure, therefore, that this country has for thirteen years past, as an original Member of the League, and a permanent Member of its Council, exten.led a full measure of cooperation with her fellow-Members towards the attainment of its high purpose. It is indeed a matter of historical fact that Japan haj continuously participated in the various activities of the League with a zeal not inferior to that exhibited by any other nation. At the same time, it is and has al- ways been the conviction of the Japanese Government that in order to render possible the maintenance of peace in various regions of the world, it is necessary in existing circumstances to allow the operation of 17,260 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 Covenant of the League to vary in accordance ' with the actual conditions prevailing in each of those regions. Only by acting on this just and equitable principle can the league fulfil its mission and increase its influence. "Acting on this conviction, the Japanese Government, ever since the Sino-Japanese dispute vns, in September, 1931? submitted to the League, have, at meetings of the League and on other occa- sions continually set forward a consistent view. This was, that if the League was to settle the Is sue x a irly and equitably, and to make a real contribution to the promotion of peace in the Orient, and thus enhance its prestige, it should acquire a complete grasp of the actual conditions in this quarter of the globe and apply the Covenant of the League in accordance with these conditions. They have repeatedly emphasized and insisted upon the absolute necessity of taking into consideration the fact that China is not an organized S^ate — that its internal conditions and external relations are characterized by extreme confusion and complexity, and by many abnormal and exceptional features — and that, accordingly, the general principals and usages of International Law which govern the ordinary 17,261 relations between nations are found to be considera- bly modified in their operation so far as China is concerned, resulting in the quite abnormal and unique international practices which actually prevail in that country." THE PRESIDENT: We will recess for fifteen minutes. (Whereupon, at 1045, a recess was taken until noo, 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 17,262 MARSHAL OF THE COURT: The International Military Tribunal for the Far East is now resumed. MR. YAMAOKA: If the Tribunal please, we now read from Prosecution exhibit 67 concern- ing the freezing of Japanese and Chinese assets in the United States, dated July 25, 1941, as a further step in the economic pressure applied to Japan. THE PRESIDENT: We appreciate your tell- ing us how you propose to use these documents, but we still think that you are reading too much of them, Mr, YAMAOKA. MR. YAMAOKA: Well, then, in accordance with the Tribunal's desire, may I read just the second paragraph of this document? This is an ex- tract from page 73, Department of State Bulletin 26, July 1941. I read the second paragraph. "This Executive order, just as the order of June 14, 1941, is designed among other things to prevent the use of the financial facilities of the United States and trade between Japan and the United States in ways harmful to national defense and Ameri- can interests, to prevent the liquidation in the United States of assets obtained by duress conquest, 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 17 $263 and to curb subversive activities in the United States." May I state at this time, Mr. President and Members of the Tribunal, that we had planned to present additional documents, that is to say, read from prose- cution documents, dealing with the Japanese constitu- tion, various Imperial ordinances, and laws and regulations setting up the various organs of the Jap- anese Government, and also describing the functions r>f the various departments and the powers and func- tions of the various officers of the Japanese Govern- ment. However, we deem it advisable, in the inter- ests of orderly procedure, to defer this entire group of prosecution exhibits until the end of our phase of the defense case. THE PRESIDENT; The Tribunal fully agree. MR. YAMAOKAs And therefore, with the Trib- unal1 s permission, we should like now to proceed to i the introduction of defense evidence. We now offer in evidence as a defense exhibit i t defense document 74, being the Shimonoseki Treaty of April 17, 1895, between China and Japan, concluding the S ino—J a panese War, and by which treaty Japan 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 17,2.64 secured, among other rights, territorial rights in r Manchuria, as well as trade privileges in China. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURTS Defense document No. 74 will receive exhibit number 2283. (Whereupon, the document above referred to was marked defense exhibit No. 2283 and received in evidence.) MR. YAMAOKA: With the Tribunal's permission we will now read defense exhibit 2283. "Shimonoseki Treaty, signed at Shimonoseki, April 17, 1895." I shall omit the prefatory paragraphs on this treaty and drop to Article I. "ARTICLE _I "China recognizes definitely the full and complete independence and autonomy of Corea, and in consequence, the payment of tribute and the performance of ceremonies and formalities by Corea to China in derrogation of such independence and autonomy, shall wholly cease for the future. "China cedes to Japan in perpetuity and full sovereignty, the following territories together 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 \ 17 $265 all fortifications, arsenals and public property thereon: "a) The southern portion of the Province of Feng-Tien within the following boundaries:" I shall omit the description of the bounda- ries and drop tp the next paragraph. "This cession also includes all Islands appertaining or belonging to the Province of Feng- Tien situated in the eastern portion of the Bay of Liao-Tung and in the northern part nf the Yellow Sea. "b) The Island of Formosa together with all Islands appertaining or belonging to the said Island of Formosa. "c) The Pescadores Group, that is to say, all Islands lying between the 119th and 120th degrees of longitude east of Greenwich and the 23rd and 24th degrees of north latitude. "ARTICLE 3. "The alignments of the frontiers described in the preceding Article and shown on the annexed Map shall be subject to verification and demarcation on the spot, by a Joint Commission of Delimitation, con- sisting of two or more Japanese ana two or more 17,266 Chinese I ) l a t e l y after the exchange of the ratifications of the Act. In case the boundaries laid down in this Act are found to be defective at any point, either on account of topography or in consideration of good administration, it shall also be the duty of the Delimitation Commis- sion to rectify the same. "The Delimitation Commission will enter upon its duties as soon as possible and will bring its abors to a conclusion within the period of one year fter appointment. "The alignments laid down in this Act shall, however, be maintained until the rectifications of the 9 10 11 ) 12 Delimitation Commission, if any are made, shall have Received the approval of the Governments of Japan and gnina. 16 "ARTICLE 4, 17 "Chine agrees to pay to Japan as a war in- demnity the sum of 200,000,000 Kuping Taels. The Si?f>i!d sum to be paid in eight instalments. The first iKtejtalment of 50,000,000 taels, to be paid within six mttiths, and the second instalment of 50,000,000 taels t$2ie paid within twelve months, after the exchange 23 I 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 17 $267 of the ratifications of this Act. The remaining sum to be paid in six equal annual instalments as follows: The first of such equal annual instalments to be paid within two years; the second within three years; the third within four years; the .fourth within five years; the fifth within six years, and the sixth within seven years, after the exchange of the ratifications of this Act. Interest at the rate of 5 per centum per annum shall begin to run on all unpaid portions of the said indemnity from the date the first instalment falls due." THE PRESIDENT: Does anything turn on that indemnity and the way it is to be paid or was to be paid'; MR. YAMAOKA: I must frankly confess we are not making an issue of this indemnity clause. There- fore I shall omit the balance of this article. I shall commence with Article V. THE PRESIDENT: Is that relevant? MR. YAMAOKA: Well, it provides for the rights ef the Japanese nationals to take up residence and is a right under which the Japanese nationals entered the region. I am sorry I didn't quite get the purport 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 17 $268 of this article. However, it does provide, as your Honor has no doubt noted, that the residents of the ceded territories are deemed to be Japanese subjeats. THE PRESIDENT; Those v/ho elect to stay. MR, YAMAOKA: I will, then, with that nota- tion drop to Article VI. (Reading) "All Treaties between Japan and China having come to an end in consequence of war, China engages, immediately upon the exchange of the ratifications of this Act, to appoint Plenipotentiaries to conclude with the Japanese Plenipotentiaries a Treaty of Commerce and Navigation and a Convention to regulate Frontier Intercourse and Trade. The Treaties, Conventions and Regulations now subsisting between China and European Powers shall serve as a basis for the said Treaty and Convention between Japan and China. From the date of the exchange of the ratifica- tions of this Act until the said Treaty and Convention are brought into actual operation, the Japanese Govern- ment; its officials; commerce; navigation; frontier intercourse and trade; industries; ships and subjects, shall, in every respect, be accorded by China most favored nation treatment. 17 $269 "China makes in addition the following con- cessions, to take effect six months after the date of the present Act; "1st: The following cities, towns and ports, in addition to those already opened, shall be opened to the trade residence, industries and manufactures of Japanese subjects, under the same conditions and with the same privileges and facilities as exist at the present open cities, towns end ports of China:" 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 17,270 MR. YAMAOKA: I shall omit the listing of the cities here. THE PRESIDENT: Hangchow is one. MR. YAKAOKA: (Reading) "The Japanese Government shall have the ^ight to station Consuls at any or all of the above-named places. "2nd. Steam navigation for vessels under the Japanese flag for the conveyance of passengers and cargo, shall be extended to the following places: "1. Or the Upper Yangtsze River, from Ichang to Chung-King. "2. On the Wcosung River and the Canal, from Shanghai to Suchow and Hangchow. "The Rules and Regulations which now govern the navigation of the inland waters of China by foreign vessels, shall, so far as applicable, be enforced in .respect of the above-named routes, until new Rules and Regulations are conjointly agreed to. "3rd. Japanese subjects purchasing goods or produce in the interior of China or transporting imported merchandise into the interior of China shall have the right temporarily to rent or hire warehouses for the storage of the articles so purchased or trans- ported, without the payment of any taxes or exactions whatever. 17,271 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "4th. Japanese subjects shall be free to en'age in all kinds of manufacturing industries in all the open cities, towns and ports of China and shall be at liberty to import into China all kinds of machinery, paying only the stipulated import duties • thereon. "All articles manufactured by Japanese subjects in China shall, in respect of inland transit and internal taxes, duties, charges and exactions of all kinds and also in respect of warehousing and storage facilities ir the interior of Chir.a, stand upcn the same footing and enjoy the same privileges and exemptions as r; erchandise imported by Japanese subjects into China. "In the event additioral Pules and Regula- tions are necessary in connection with these concessions, they shall be embcdied in the Treaty of Commerce and Navigation provided for by this Article. "Article 7. "Subject to the provisions of the next succeeding Article, the evacuation of China by the armies of Japan shall be completely effected within three months after the exchange of the ratifications of the present Act. "Article 8. 17,272 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 "As a guarantee cf the faithful performance of the stipulations of this Act, China consents to the temporary occupation by the military forces cf Japan of Wei-hai wei in the Province cf Shantung. "Upon the payment cf the first two instal- ments of the war indemnity herein stipulated for and the exchange of the ratifications of the Treaty of Commerce and Navigation, the said place shall be evacuated by the Japanese forces, provided the Chinese Government consents to pledge, under suitable and sufficient arrangements, the Customs Revenue of China as security for the payment of the principal and interest cf the remaining instalments of said indemnity. In the event nc such arrangements are concluded, such evacuation shall only take placo upon the payment of the final instalment of said indemnity. "It is, however, expressly understood that no such evacuation shall take place until after the exchange of the ratifications of the Treaty of Commerce and Navigation. "Article 9. "Immediately upon the exchange of the ratifications of this Act, all prisoners of war then held shall be restored and China undertakes net to 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 17 $273 ill-treat or punish prisoners of war so restored to he?1 by Japan. China engages to at cnce release all Japanese subjects accused of being military spies or charged with any other military offences. China further eigapes not to punish in any manner nor to allow to be punished those Chinese subjects who have in any manner been compromised in their relations with the Japanese army during the war. "Article 10. "All offensive military operations shall cease upon the exchange of the ratifications of this Act. "Article 11. "The present Act shall be ratified by Their Majesties the Emperor of Japan and the Emperor of China, and the ratifications shall be exchanged at Cheefoo, on the 8th day cf the 5th month of the 28tb year of Meiji, corresponding to the 14-th day of the 4th month cf the 21st year of Kuang Hsu. "In witness whereof, the respective Pleni- potentiaries have signed the same, and have affixed thereto the seal of their arms. "Pone at Shimcneseki, In duplicate, this 17th day of the 4th mcnth of the 28th year cf Meiji, corresponding tc. the 23rd day of the 3rd month c^ the 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 17 $274 21st year cf Kuang Hsu." I shall omit the signatures. It will be rcted that there is a certificate of source and authenticity attached to this document. Ve next offer in evidence defense document 78, being the separate articles of the Shimonoseki Treaty dated April 17, 1895. THE PRESIDENT: Admitted on the usual terms. CLERK CF THE COURT: Defense document No. 78 will receive exhibit Nc. 2284. (Whereupon, the document above referred to was marked defense exhibit No. 2284 and received in evidence.) THE PRESIDENT: Mr. Comyns Carr. MR. CARR: Ycur Honor, in our submission this document is entirely irrelevant to any issue before this Tribunal. It consists cf purely tempo- rary clauses entered into in 1895 in connection with the treaty which has just been read. THL PRESIDENT? Mr. Yamaoka. MR. YAL'AOKA: If the Tribunal please, the original cf the previous exhibit, the Shimonoseki Treaty of 1895, was the first treaty whereby Japan acquired rights in Manchuria, THE PRESIDENT: But it does not appear 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 17 $275 have any value. MR. YAMAOKA: We shall later shew that these rights -- some of these rights, may I put it, Japan was obliged to relinquish at the pressure of certain powers. THE PRESIDENT: Are ycu really pressing this? MR. YAL.AOKA: I am sorry, your Honor. I did not hear you. THE PRESIDENT: Are you pressing this? MR. YAMAOKA: The reason why we offer this is in order that the complete document, can be presented tc the Tribunal. THE PRESIDENT: Had you put it in ur.der the first number, well, no question would have been raised, I suppose; but ycu put it in as a separate exhibit and the point is raised. The objection is overruled. MEo YAMAOKA: Then with the Tribunal's permission I shall request that defense document Nc. 78, being the separate articles of the Shimonoseki Treaty, and the next document, defense document 196, being the protocol attached to the said treaty, be marked as further exhibits together with the previous exhibit. 17, TIE PRESIDENT: Admitted on the usual terms, but they will be numbered separately as they have been. MR. YAMAOKA: Yes. I am sorry, your Hor.or, I misunderstood the procedure here. CLERK CF Till' GQURT: Defense document No. 196 will receive exhibit Nc. 228?. (Whereupon, the document above re- ferred to was marked defense exhibit No. 2285 and received in evidence.) THE PRESIDENT: Ycu a-e not reading that protocol, are ycu? MR. YAFAOKA: No, your Honor. I am just entering them. We next offer in evidence defense document No. 344. This is a telegram dispatched by the Japanese Charge dfAffairs CNO at Berlin to the Japanese Foreign Minister cri December 5, 1923, referring to a publication of the German Foreign Office relating to the triple intervention of Germany, France and Russia scon after the conclusion of the Shimcnoseki Treaty as a result of which Jaran was obliged under the threats cf these three powers to give up the right secured to her in the Liaotung peninsula under the said tre aty. 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 17 $277 THE PRESIDENT: Mr. Comyns Carr. MR. COMYNS CARR: Your Honor, with respect, we are extremely reluctant to keep on objecting to these documents, but I am afraid of the fifty-six which they have served upon us there are only some eight which appear to us to have any bearing on any issue which we have raised or that could be raised, in answer to anything that we have raised in this trial. This particular one is a telegram between two Japanese officials in 1923 about the contents of a book not yet published in Germany, which book the writer of the telegram alleges when published will tell a story about what Germany did in 1895. Even if that were a proper way of proving what Germany did in 1895, in our submission the fact when proved could have no possible relevance in this trial. THE PRESIDENT: Well, materiality and relevance are the tests; however, it does not appear to possess either. We will hear you, Mr. Yamaoka. MR. YAMAOKA: If the Tribunal please, the previous exhibits just admitted reveal that under these treaties — under this treaty, that is to say, Japan first acquired a right in the Liaotung 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 17 $278 peninsula, as well as in China. These rights were lawfully obtained under valid treaties. Thereafter under the threat of the triple intervention Japan was forced to give up the rights lawfully secured to her under this treaty. And, as later evidence will show in the defense case, the principal Powers — European Powers — actually sought to take over that which they obliged Japan to disgorge. It seems to us, if the Tribunal please, that this outlines the course of history in Manchuria particularly, and that unless this background is fully presented to the Tribunal we feel that a com- plete picture may not be obtained. Moreover, I believe the Tribunal will recall that statements have been made by the -- during the course of the prosecution's case, that the war — Sino-Japanese war, was, I believe, aggressively undertaken by Japan, and that she had designs from even that period, of aggressive intentions on the Asiatic continent. It will also be recalled that on many occasions when these early exhibits were sought to be entered into evidence by the prosecution, that is some of the early treaties going beyond the scope of the period covered by the Indictment, the defense objected to them. But notwithstanding, upon the assertion by 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 17 $279 the prosecution that the documents did have probative value and would be subject to connection later dur- ing the course of the prosecution's case, this Tribunal admitted those documents into evidence. THE PRESIDENT: But in that case the pro- secution showed the importance of the particular document. Your remarks are very interesting but they are not related to this particular document objected to now. MR. YAMAOKA: Well — THE PRESIDENT: Why tender this document? MR. YAMAOKA: With specific -eference to this document, if the Tribunal please, this is being tendered by the defense for the purpose of showing what transpired in Manchuria in respect to Japanese rights, and will explain Japan's later actions in that region, particularly under the Portsmouth treaty and other evidence to follow. THE PRESIDENT: Is there a reply? Are you tendering the reply from the Foreign Affairs Minister? MR. YAMAOKA: No, your Honor. We will at later stages of the case. THE PRESIDENT: This is just some German viewpoint that is being put now and we don't know what the Japanese viewpoint is. You are not tendering w 17,280 the Japanese reply, and if Japan was obliged to disgorge any territory or acquisitions, as I am I reminded, that can be proved from history. It will be judicially noticed, probably. MR. YAMAOKA: With great respect, your Honor, may I state this: that the reason why we are |tendering this is not to show Japan's reason for ,her compliance with this request, but to show the I fact of such request and the reasons why she was compelled to comply with the request. I might ac"d also that, as I stated before, this is being tendered to show the actions of the ;other Powers in the Orient as of that time, which 13 will — THE PRESIDENT: The objection is upheld. MR. YAMAOKA: May I respectfully note an exception? THE PRESIDENT: You have that. 19; MR. YAMAOKA: I should like, with the 20:Tribunal's permission, to make an offer of proof as in accordance with this document however, and that to be noted, on the record. The next defense exhibit — MR. BROOKS: If your Honor please, I 1 2 3 4 5 6 7 8 9! 10 11 i 12 14 15 16 17 18 21 22 23 24 25 ;strenuously object to this document being used 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 17,281 Division I because there are seven other documents that are to be introduced in Division II, of which this is the eighth, and they explain the significance and relevancy of the document that has just been rejected, and I ask if in preparing that part of our phase if we show the relevance of this document at that time may it be re-cffered? THE PRESIDENT: If at any later stage you show that any document that has been rejected is relevant, material and has probative matter, it will be admitted. 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 * 17 $282 MR. YAMOAKA: Yes, your Honor. We should next desire to offer in evidence defense document 216, which also deals with the sam<~> subject matter, the triple intervention, and also the » following document which is defense document 163', but in the l^ght of the Tribunal's ruling I shall request that we are making a tender of proof of these documents at this time. THE PRESIDENT: There is no objection? Mr. Carr. MR. COMYNfc? CARR: Yes, your Honor. In our submission, the whole of this subject matter is irrelevant; The only thing which is relevant is what were Japan's actual rights in 1931. As far as that is concerned, Japan's own case as to those rights is fully stated and accepted in the Lytton Report. THE PREfaIDENT: This is cumulative, actually. _ MR. COMYNb CARR: Your Honor, it is worse than that. In my submission, it is an attempt to show why Japan didn't have morp rights than she actually had, because certain powers deprived her of them in 1895* In our submission, that is an irrelevant question. THE PRESIDENT: Yes, Mr. Yamaoka. MR. YAJIAOKA.: In reply to the learned prosecutor, might I state, if the Tribunal please, that the Lytton 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 + 17 $283 Report to which he refers does contain reference to treaties and the iiino-Japanese War way back as far as 1895, and that is already in evidence on the prosecution's behalf. If they deem it of sufficient importance and of probative value to them in their case it would seem to us that on behalf of the defense we should be l permitted to introduce into evidence other acts of the Allied Powers — excuse me — of the European Powers- dealing with this subject and which forms the background and the reasons for many of Japan's actions subsequent to this date, and that far from Japan's seeking to acquire additional rights I might point out that the.:e rights were lawfully obtained under treaties and further, that when these rights were sought to be relieved from Japan, thereafter these powers instead endeavored to take over those rights. THE PRESIDENT: Defense documents 216, being a telegram from Foreign Minister KUTFU to Ambassador NISHI is admitted on the usual terms. The objection is overruled. CLERK OF THE COURT: Defense document No. 216 will receive exhibit No. 2286. (Whereupon, the document above referred to was marked defense exhibit No. 2286 and received in evidence.) 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 17 $284 MR. YAMAOKA: Then~ with'the Tribunal's permission, I shall read defense exhibit 2286: "Telegram despatched from MUTfcU, Foreign Minister to Ambassador to Russia, NItHI, May 5, 1895 "Kyoto, May 5th, 1895» "Addressed to Ambassador NIPHI in Russia by Foreign Minister MUTSU» "Translate the following memorandum into French and submit it to the Russian Government: "The Imperial Japanese Government promises to abandon permanent occupation of the Mukden Peninsula j on the friendly advice of the Russian, French and German Government. i "In submitting the above memorandum, state as follows? — "It is due to the desire to bring the present situation promptly to an end that the Japanese Government thus faithfully follows the advice of the Three Powers. "Submit both or either of the following two items if you believe that there is no fear of these proposals arousing protests by the Russian Government: - "I. The Japanese Government will hold the right to claim compensation from China for the territory! which Japan has abandoned. "II. The Japanese Government will hold 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 17 $285 right to occupy the afore-mentioned Peninsula for a length of time as a security for China's fulfilment of her treaty obligations to Japan." I desire to call the attention of the Tribunal to the certificate of source and authenticity attached to this document. We next offer in evidence defense document 163, also dealing with this subject of triple inter- vention. THE PRESIDENT: That bears an earlier date than the last document admitted. MR. YAMAOKA: Yes, your Honor. Probably this should have been offered prior to the last exhibit. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document No. t&3 will receive exhibit No. 2287. (Whereupon, the document above referred to was marked defense exhibit No. 2287 and received in evidence.) MR. YAMAOKA: With the Tribunal's permission I will read defense exhibit 2287: "Telegram despatched from NIfc-HI, Minister at Saint Petersburg, to MUTSU, Foreign Minister, May 3, 1895. "On the 1st of this month I submitted our 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 17,34-5 memorandum to the Russian Government and tried stren- uously to persuade the Government to agree to our proposal. "On the 3rd of this month the Foreign Minister of Russia declared that the Russian Government was dissatisfied with our memorandum, and furthermore in the preceding day's council, the Cabinet had decided unanimously to persist in the first advice and not to change their position for fear that there should be an obstruction in case Japan takes possession of the harbor of Port Arthur. Also, hp told rae that this decision had be^n sanctioned by the Russian Emperor. "I deeply regret that in spite of all my efforts in negotiating with the Russian Foreign Minister, v I was unable to persuade the Russian Government to propose another plan for disposition of this matter." THE PRESIDENT: The last document would appear to be later than the preceding exhibit. That is all we can say though. There is internal evidence that it should bear a later date. We will adjourn until half-past one. (Whereupon, at 1200, a recess was taken.) 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 17,34-5 AFTERNOON SESSION The Tribunal met, pursuant to recess, at 1330. MARSHAL OF THE COURT: The International Military Tribunal for the Far East is no?; resumed. TEE PRESIDENT. Mr. Yamaoka. MR. YAMAOKA: M.«y it please the Tribunal, almost simultaneously with the signing of the Shimon- oseki Treaty in 1895 or soon thereafter, China and Russia entered into a secret alliance in May, 1896 known as the Li-Lobanov Treaty. As will be later shown, this treaty was not brought to light until after World War 1. Had Japan known of its existence prior to that time, she may have reacted differently to the conditions surrounding her in East Asia. This treaty is set forth in defense document 162, which we now offer in evidence. •THE PRESIDENT: Mr. Comyns Carr. MR. COMYNS CARR: May it please the Tribunal, we object to the admission of this document; and I should like to say that with a few exceptions our objections are based upon the same ground: that, al- though these documents are perfectly harmless from our point of view, they arc, in our submission, 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 17,288 entirely irrelevant and unnecessarily widen the scope of this inquiry. This particular document purports to "be a note from an unidentified source alleging that on some unspecified date a London newspaper published what purported to be the text of a sccret treaty between China and Russia entered into in 1896 and expiring in 1911. Even if this were a proper way of proving the treaty., in our submission the treaty itself has nothing to do with the charges which this Tribunal is investigating. THE PRESIDENT: In an inquiry of this magni- tude, the relations of Japan, China and Russia over the last fifty years may be a matter that we should take into corsideration. However, these things can have no probative value unless we know their source. MR. YAMAOKA; If the Tribunal please, through inadvertence, the certificate was not attached to the copies distributed to the prosecution and probably were omitted from the copies distributed to the Tri- bunal. THE PRESIDENT: The document was found in the Japanese Foreign Office; but who is the author cf it? MR. YAMAOKA: However, the original certifi- cate, that is, the certificate cf the Japanese Foreign 17,289 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 Office as to statement of sourccvand authenticity, is attached to the or-ĵ girtsJ.. THE PRESIDENT: The Japanese Foreign Office may be. interested in keeping a record even of rumors. This may be nothing but a rumor. MR. YAMAOKA: I might first mention, if your Honors please, that this treaty, the secret treaty, has already been mentioned on page 33 of the Lytton Report which I believe is prosecution exhibit 58. THE PRESIDENT: Are you tendering this by way of defense or by way of mitigation? MR. YAMAOKA: By way of defense, your Honor. I might add that this treaty between Russia and China vitally affects the later events that follow, THE PRESIDENT: Does the Lytton Report treat this treaty as a fact or just as a rumor? MR. YAMAOKA: I believe, if my recollection serves me right, your Honor, it deals with it as a fact. THE PRESIDENT: Does it set it out? MR. YAMAOKA: No, I believe not, your Honor. THE PRESIDENT: Then you had better read it. Objection overruled. CLERK OF THE COURT: Defense document No. 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 17,290 162 Will receive exhibit No. 2288. (Whereupon, the document above re- ferred to was marked defense exhibit No. 2288 and received in evidence.) MR. YAMAOKA: I will now read defense ex- hibit 2288: "TREATY CF ALLIANCE BE TWEE Iv CHINA AND RUSSIA, M Y , 1896 "concluded May, 1896. "Note: This secret treaty was concluded in May 1896 at Saint Petersburg, Capital of Russia, between Prince Robabov" — I believe there is a misspelling there; it should be: L-o-b-a-n-o-v —"and Li Kuei-chang who attended the coronation ceremony of the Czar. ,,ijater, after the expiration of its term of validity, it was published in the 'Daily Telegraph' in London by the then Chinese Minister to Britain, LI Ching-mei, the son of Li Kuei-chang. As for the detailed circumstances, refer to notes attached to the foreign versions. "Art I. Any act of aggression on the part of Japan, whether it be contemplated against Russian territories in East Asia, China, or Korea, shall not fail to call forth a prompt application of this treaty. 17,291 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 "In the above case, the two Signatory Powers have agreed to support one another with their whole military and naval forces available at that time and to afford to one another the greatest possible assist- ance in the way of supplying provisions for the above- forces. "Art II. After the two Powers have taken joint actions, neither of them shall be permitted to concludc any peace treaty separately with the enemy without the consent of the other. "Art III. In the course of military actions, all the ports in China shall be, if necessary, open to Russian Warships, which will be furnished there with all necessary assistance by the Chinese Govern- ment . "Art IV. The Chinese Government has agreed to construct a railway towards Vladivostok, travc-rs- \ ing the two Chinese Districts of Amur (Heilungkiang) and Kilin" — I Trislieve there is a misspelling there; instead of K-i-l-i-n, it should be K-i-r-i-n — "with a view to facilitating the approach of the Russian Army to areas which are likely to be attacked and to securing the means by which to resist such attacks. The junction of the above railway to the Russian rail- way shall not be used as a pretext for infringing 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 17, integrity of the Chinese Empire or the dignity of the Chinese Emperor. The construction and administration of the above railway shall be entrusted to the Russo- Chinese Bank. The stipulations in contracts to be concluded for the above purposes shall be negotiated between the Chinese Minister to Russia and the Russo- Chinese Bank. "Art V. In time of war, Russia shall be entitled to utilize without restriction the railway prescribed in Art I., for the purpose of transporting her army forces and provision for the above forces in accordance to Art 1. In time of peace, Russia shall possess the same right for the purpose of transport- ing her army forces and munitions, on condition that the trains do not stop on the way except for necessi- ties of transportation business. "Art VI. This Treaty shall take effect from the day on which the Chinese Empire .ratifies the con- tracts prescribed in Art IV, and shall be valid for fifteen years beginning with the above date. More than six months prior to the expiration of the term the two Powers shall hold a negotiation regarding the revision of this Treaty." 17,293 THF PRESIDENT: T're heve admitted this document not without some doubt. we reserve the question of relevancy. 7e will reject it if we find it has no probative value. MR. YAMAOKA: If your Honor please, the defense proposes to connect it in divisions 2 end 3 dealing with Manchuria and China. We next offer in evidence defense document 473 being the exchange of notes between Japan and the United States concerning the protection of commercial rights in China and setting forth the r^rinci^les of the open door policy in December, 1899. THE. PRFSIDENT: Admitted on the usual terras. CLERK OF THE COURT: Defense document No. 473 will receive exhibit No. 2289. (Whereupon, the document above referred to was marked defense exhibit No. 2289 and received in evidence.) MR. YAMAOKA: With the Tribunal's permission we now reed defense exhibit 2289: "Exchange of Notes Eetween Japan and the United States Concerning the Protection of Commercial Rights in China. "Dated at Tokio, December 20 and 26, 1899 (32 year of Meiji). 17,294 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 "December 20, 1899. "His Excellency, Viscount Aoki Shuzo, His Imperial Japanese Majesty's Minister for Foreign Affairs. "Sir:- "Referring to our rccent conversation, in which I informed Your Excellency thft I had received telegraphic information from my Government that, on the 13th ultimo, there had been mailed to me r communi- C'tion for the information of Your Excellency's Govern- ment , containing the representations of the United States in respect to their commercial interests in China, as presented in notes to Russia, Germany and Great Britain, which inform:tion Your Exccllency had expressed a desire to obtain, I have the honor to inform Your Excellency thet I have now received the communication containing the information desired, which I cm instructed to submit to Your Excellency's Govern- ment, and which reads as follows:- "'This' (The United States) 'Government, animated with a sincere desire to insure to the commercc and industry of the United States and of ell other nations perfect equality of treatment within the. limits of theC hincse Empire for their trade and navigction, especially within the so-called "spheres of influence 17,295 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or interest" claimcd by certain European Powers in China, has deemed the present and opportune moment to make representations in this direction to Germany, Grcrt Britain and Russia. "To attain the object it has in view and to remove possible causes of international irritation and reestablish confldcnce so essential to commerce, it has seemed to this Government highly desirable that the various Powers claiming 'spheres of interest or influence' in China should give formal assurances that: - "1st. They will in no way interfere with any treaty port or any vested interest within any so- csllcd 'sphere of interest' or leased territory they may he ve in Chirr: . "2nd. The Chinese treaty tariff of the time being shall ap^ly to all merchandise landed or shipped to all such ^orts as are within said 'sphere of interest' unless they be 'free ports', no matter to what nationality it may belong, and that duties so leviable shall be collected by the Chinese Government. / "3rd. They will levy no higher harbor dues on vessels of another nationality frequenting any i port in such 'sphere* than shall be levied on vessels of their own nationality, end no higher railroad charges 17,296 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 over lines built, controlled or operated within its 'sphere' on merchandise: belonging to citizcns or sub- jects of other nationalities transmitted through such 'sphere' then shall be levied on similar merchandise belonging to their own nationals transported over equal distances. "The policy pursued by His Imperial German Majesty in declaring Tsing-tao (Kiao-Chac) a free port and in riding the Chinese Government in establishing there- a custom house, and the Ukase of His Imperial Russian Majesty of August 11th last in erccting a free port at Drlny (Tn-lien-wen) arc thought to be proof that these Powers arc not disposed to view unfavorably the proposition to recognizc that they contemplate nothing which will interfere in any way with the en- joyment by the commerce of all nations of the rights and privileges guaranteed to them by existing tre-rtics with China. "Repeated assurances from the British Govern- ment of its fixed rolicy to maintain throughout China freedom cf trade for the whole world, insure, it is believed, the. ready assent of that Power to our pro- posals. It is no less confidently believed that the commercial interests of Jfpcn would be greatly served by the above mentioned declarrtions, whieh harmonize 17,297 1 2 o 0 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with the assurance convcyed to this Government at various times by His Imperial Japanese Majesty's Diplomatic Representative at this capital. "You are therefore instructed to submit to His Imperial Japanese Majesty's Government the rbovo considerations, and to invite their early attention to them, and to express the earnest ho-e of your Government that they will accept them and aid in secur- ing their acceptance by the other interested Powers. "Hoping to receive a favorable response from Your Excellency's Government, I avail myself of the occasion to extend to Your Excellency the assurances of my highest consideration." Signed: "A. E. BUCK. "Tokio, 26th December 1899- "His Excellency A. E. Buck, et«. ,etc. ,cte. "Monsieur 1c Ministre: ' "I have the honor to acknowledge the receipt of the note No. 1?6 of the 20th instant, in which, pursuing the instructions of the United States Govern- ment, Your Excellency was so good as to communicate to the Imperial Government the representations of the United States as presented In notes to Russia, Germany and Great Britain on the subject of commcrcirl interests of the United States in China. 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 17,298 "I have the happy duty of assuring Your Excellency that the Imperial Government will have no hesitation to give their assent to so just and fair a proposal of the United States, provided that all the other Powers concerned shall accept the same. "I avail myself, ctc. Signed: "Viscount AOKI SHUZO. Minister for Foreign Affairs." We next offer for identification only a book * by John B. Powell entitled "My Twenty-five Years in China" and we offer in evidence defense document 202-D-l being an excerpt therefrom. THE. PRESIDENT: Brigadier Nolan. BRIGADIER NOLAN: Mr. President, Members of the Tribunal: This document 202-D-l purports to bo an account published in r book of c conversetion between a certain Mr. Cochran and John B. Powell, the author, relating to the Open Door Policy. The prosecution objects to the introduction of this document into evidence on several grounds. In the' first plaice, we are not aware that there has been compliance with Rule. 6(b)l rnd an order made thereunder permitting the use of this excerpt. If no such order was made, the prosecution has not been a ff orde.d - the protection 17,299 of that rule. In the second niece, it will he remembered by the Members of the Tribunal that Mr. Powell wfs f witness in this case, and I am informed by the attorney in charge of the particular phase In which Mr. Powell appeared as r witness that no evidence w.- s given either in examination in chief or on cross-examination regard- ing the question of the Open Door Policy. It is the submission of the prosecution that the views of journalists on matters of governmental policy, how- ever entertaining they mry be to their readers, have- no probative value and cannot be of assistance to this Tribune 1 in coming to a conclusion ur̂ on the issues before it. Put it in another way: Vhat Mr. Powell said in r. private conversation with Cochrrn cannot possibly be an element in determining the guilt or innocence of the accused. It is what the accused them- selves and those in association with them said ond did which really matters, rs the President of this Tribunal took occasion to say when the prosecution attempted to introduce into evidence the biography of the Accused MINAMI. To permit the introduction of evidence of this nature would, in the opinion of the prosecution, create r. dangerous precedent, a precedent which would tend to confuse and to obscure the real issues before the Tribunal and would, if I may borrow 17,300 a phrase, open the door to journalistic efforts of every kind and character. 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 17,301 THE PRESIDENT: Mr. Logan. MR. LOGAN: If the Tribunal please, since this is set forth as perhaps a precedent for other evidence the defense may offer, I would like to answer the Brigadier in full. pirst, with respect to Rule 6(b)l, apparently he is not familiar with the fact that an order has been entered dispensing with our compliance with that rule provided we file the original book and give the prosecution notice. That has been done. The notice was served on the 20th, your Honor. I believe tadĉ v is the 26th. We may be one day shy of that. But aside from that technicality, unless I h$A heard it I would not have believed that the prose- cution would contend that we are not permitted to pro- duce articles which were written by one of their wit- nesses. The fact that the question as to whether or not Powell testified to an Open Door Policy on their behalf is not material, or it is not a proper objection to the evidence we are offering of the statements made by him in his book. The rigorous test of cross- examination which was applied does not apply here. I I know of no rule of law which says that the defense is restricted in the introduction of their evidence to what testimony a man has produced for the prosecution. As far as a dangerous precedent is concerned, 17,302 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 after reading for months of all the various newspaper articles by unknown authors which were offered by the prosecution, and statements, and hearsay, which is per- missible under the Charter, to come here at this stage and say that we are not permitted to offer a document which has been written by one of their own witnesses, it is something that I just cannot understand. I might also add this, if the Tribunal please, if we are to be held on technicalities, I would like to remind the prosecution cf the many occasions when I personally waived this rule of filing documents for them. They probably did not appreciate it at that time* THE PRESIDENT: Well, the last ground taken by the prosecution is the really substantial ground, that the evidence offered here is merely the opinion of a journalist, or something like it, Powell was called here,but not to give opinions: To testify as to what he witnessed in China. Powell's opinions in this regard have no probative value, and the objection is upheld. MR. YAMAOKA: If the Tribunal please, may I point out that this proposed offer of this document contains a report of conversations. THE PRESIDENT: The opinions of others 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 17,303 Powell interviewed o'r thr.t interviewed Powell, it does not matter which, it is opinion evidence. MR. YAMAOKA! And contains actually statements of facts which we intend to tie in later in the later phases of the defense case. May the record show that we have oflsred it? THE PRESIDENT: It does. MR. YAMAOKA: For the purposes of clarifying the record, may the book be marked for identification, your Honor? THE PRESIDENT: It is supposed to be in any event. The thing that you attempted to put in as an excerpt, the book should have been tendered for iden- tification in the first place. CLERK OF THE COURT: Defense document No. 202 will receive Exhibit No. 2290 for identification only. (Whereupon, the document above re- ferred to was marked defense Exhibit No. 2290 for identification.) MR. YAMAOKA: We next offer in evidence defense document No. 29 9 commonly known as the Boxer Protocol, under which the foreign powers secured the right to maintain troops in the area extending from Peking to the sea. Under this Protocol Japan lawfully maintained troops in this area when the China Incident 17,304 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 broke out in July 1937. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document No. 29 will receive Exhibit No. 2291. (Whereupon, the document above re- ferred to was marked defense Exhibit No. 2291, and was received in evidence.) MR. YaMAOKk: We shall read excerpts from this exhibit, article 7 on page 6: "The Chinese Government has agreed that the quarter occupied by the Legations shall be considered as a quarter specially reserved tc their usage and placed under their exclusive police, where the Chinese shall not have the right to reside, and which may be put into a state of defence. The limits of the quarter have been thus fixed on the plan annexed (annex No. 14)" I shall omit the next few lines. "By the protocol annexed to the letter of i 16th January, 1901, China has recognised that each Power has the right to retain a permanent guard in the said quarter for the defence of its Legation. * * * * * * * I "Dispositions have been trken to this effect, "article 9. The Chinese Government has recognised that the Powers, by the protocol annexed 17,305 1 2 3 ! 4 ! 5 i i 6 7 s j 9 ! 10 11 I 12 ! 13 ! 14 j 15 I 16 17 S IS I 19 ! 20 21 22 23 24 25 to the letter of the 16th January, 1901, have the right to occupy certain points to be determined by agreement between them, in order to maintain free communication between the capital and the sea." We next offer in evidence defense document 41, being the Anglo-Japanese Alliance of 1902 in which, among other things, both parties recognized their respective special interests, particularly in China. THE PRESIDENT: Admitted on the usual terms. CLEKK OF THE COURT: Defense document 41 will receive Exhibit No. 2292, (Whereupon, the document above re- ferred to was marked defense Exhibit No, 2292, and was received in evidence.) THE PRESIDENT: Mr. Ccmyns Carr. MR. COMYNS CkRR: Your Honor, there are a large number of documents which are subject to the same objection from the prosecution, that they are very wide of any issue in this case. We have no other objection to them, and I do not propose to repeat the objection to each one in view of the views expressed fey the Tribunal, and this and many others will be sub- ject to the same objection, THE PRESIDENT: The Tribunal has doubts as tc the relevancy cf some of these documents which go 17,83 beck fifty years. We ar* admitting reserving the question of relevancy. 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 17,307 MR. YAMAOKA: Yes, your Honor. I might point out, your Honors, that one of the reasons why vn are presenting these documents at this time is to show that these interests which Japan acquired in China I which are charged in the Indictment to have been unlaw- fully obtained, or pursuant to aggressive design, were particularly recognized by the United Kingdom — Great Britain, that is to say, which has great interests in China; that is to say, that they recognized those rights. With the Tribunal's permission, I shall read defense — has the exhibit been numbered? CLERK OF THE COURT: 2292. MR. YAMAOKA: Lefense exhibit 2292. "Agreement of Alliance of 1902 between Japan and Great Britain. "Signed at London, in English, January 30, 1902! (35th year of Meiji). i " "Published February 12, 1902. "The Governments of Japan and Great Britain, actuated solely by a desire to maintain the status quo and general peace in the Extreme East, being moreover specially interested in maintaining the independence I and territorial integrity of the Empire of China and the Empire of Corea, and in securing equal opportunities in those countries for the commerce ana industry of all 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 17,308 nations hereby agree as follows: "Article I. The High Contracting Parties having mutually recognized the independence of China and of Corea declare themselves to be entirely uninfluenced by any aggressive tendencies in either country. Having in view, however, to their special interests, of which those of Great Britain relate principally to China, while Japan in addition to the interests which she possesses in China is interested in a peculiar degree, politically as well as commercially and industrially, in Coren, the High Contracting Parties recognize that it will be admissible for either of them to take such measures as may be indispensable in order to safeguard those interests, if threatened either by the aggressive action of any other Power or by disturbances arising in China or Corea and necessitating the intervention of either of the High Contracting Parties for the protection of the lives and property of its Subjects. "Article II. If either Japan or Great - Britain, in the defence of their respective interests as above described, should become involved in war with another Power, the other High Contracting Party will maintain a strict neutrality and use its efforts to prevent other Powers from joining in hostilities against its Ally. 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 17,3-9 "Article III. If in -c e •-> we event any- other Power or Powers should join in hostilities --.gainst that Ally, the other High Contracting Party will come to its assistance and will conduct fcho war in common and make peace in mutual agreement with it, "Article IV. The High Contracting Parties agree that neither of them will, v. ithwut cons 111 ting the other, enter into separate arrangement with another Power to the prejudice of the interest; above descriced "Article V, Whenever, i t'.vs opinion of si the Japan or Great Britain, the abo> ••en", med interests are in jeopardy, one two Governm̂ .' .: *ili communicate with one another fully and frank.u • "Article VI, The present Agreement shall come into efface immediately after the date of its signature and remain m force for five year^ from that date. In ense neither of tne High Contracting Parties should have notified twelve months before the ; expiration of the said five years the intention of' terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall h-~ve denounced it, but if when the date fixed for its expiration arrives eithex Ally is actually engaged in wax the Alliance shall, ipso facto, continue until oe^ce is 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 17,310 concluded." We next offer in evidence defense document 55, being the second Anglo-Japanese Alliance of 1905, replacing the original alliance of 1902. THE PRESIDENT: Admitted on the usual terms. CLERK. OF THE COURT; Defense document No. 55 will receive exhibit No. 2293. (Whereupon, the document above referred to was marked defense exhibit No. 2293 and received in evidence.) MR. YAMAOKA: This exhibit, as your Honors will notice, is similar to the previous exhibit and, therefore, I shall not burden the Tribunal with the rending of it. However, I oo oesire to invite the Tribunal's attention to the special interests referred to in the saia treaty. We next offer in evidence defense document 56, being the further renewal of the Anglo-Japanese Alliance in 1911. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document 56 will receive exhibit No. 2294. (Whereupon, the document above referred to was marked defense exhibit No. 2294 ana 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 17,311 MR. YAMAOKA: I shall likewise not read this exhibit, since it is similar to the previous exhibit. But I do also desire to Invite the Tribunal's attention to the special interests mentioned therein. We next offer in evidence document 80, being the ultimatum delivered bv Japan against Germany during World War I pursuant to the Anglo-Japanese Alliance, in order to safeguard her interests in Eastern Asia, THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document 80 will receive exhibit No. 2296. Correction: That is 2295. (Whereupon, the document above referred to was marked defense exhibit No. 2295 and received in evidence.) MR. YAMAOKA: As the document is clear on its face, we shall dispense with the rending of this exhibit. r 17,312 1 e 1 d e n & 0 o p V a t t, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 T"Te next offer in evidence document 232 , being the Imperial Rescript declaring war on Germany in August 1914 as a result of the non- compliance by Germany with the terms of the Japanese ultimatum, the previous exhibit. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document No. 232 will receive exhibit No. 2296. ('"•hereupon, the document above referred to was marked defense exhibit No. 2296 and received in evidence.) MR. YAMAOKA: "re next offer in evidence defense document 132, being the Anglo-Japanese declaration to the League of Nations relative to the Anglo-Japanese Alliance of 1911, which in effect amounted to an abrogation of said alliance. THE PRESIDENT: Admitted on the usual terms, CLERIC OF THE COURT: Defense document No. 132 will receive exhibit No. 2297. O'here upon, the document above referred to was marked defense exhibit No. 2297 and received in evidence.) MR. YAMAOKA: 7'ith the Tribunal's per- mission I shall read this exhibit. 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 17,313 "ANGLO-JAPANESE DECLARATION TO THE i. LEAGUE OF NATIONS, RELATIVE TO THE ANGLO-JAPANESE AGREEMENT OF JULY 13th, 1911. "Dated at Spa July 8, 1920 (9th year of I Taisho). Published July 29, 1920. "The Governments of Japan and Great Britain have come to the conclusion that the Anglo- Japanese Agreement of July 13th, 1911, now existing between the two countries, though in harmony with the spirit of the Covenant of the League of Nations, is not entirely consistent with the letter of that Covenant, which both Governments earnestly desire to respect. They accordingly have the honour jointly to inform the League that they recognize the principle that if the said Agreement be con- I tinued after July 1921, it must be in a form which | is not inconsistent with that Covenant. | "Signed, CEINDA. "Signed, CURZON OF KEDLESTON. "Spa, July 8, 1920." Although the prosecution Introduced in evidence the Portsmouth Treaty of September 1905, which was received in evidence as prosecution exhibit No. 21, the additional articles forming a part thereof and specifying, among other things, the 17,314 1 2 3 4 5 6 ! 7 | s: 9 j 10 1 1 i 12 j 13 14 15 j 16 | 17 j 18 j 19 ! 20 ! j 21 j 22 j 23 I | 24| 25 right of the contracting parties to maintain rail- way guards not to exceed fifteen per kilometer along the railway lines in Manchuria and establishing a boundary commission, wero omitted. Consequently, we tender in evidence defense document 59, being the aforesaid articles. THE PRESIDENT: Admitted on the usual terms. CLER"" OF THE COURT t Defense document No. 59 will receive exhibit No, 2298, ('"'hereupon, the document above referred to was marked defense exhibit No. 2298 and received in evidence.) MR. YAMAOKA: We will now read excerpts from this exhibit. The third paragraph on — the fourth paragraph on page 1s (Reading): "The High Contracting Parties reserve to themselves thy right to maintain guards to protect their respective railway lines in Man- churia. The number of such guards shall not exceed fifteen per kilometer and within that maximum num- ber, the commanders of the Japanese and Russian Armies shall, by common accord, fix the number of such guards to be employed, as small as possible having in view the actual requirements." I shall next read "11. To Articles 9 p a g e 2. 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 17,315 "As soon as possible after the present Treaty comes into force, a Commission for Delimita- tion, composed of an equal number of members to be appointed respectively by the two High Contracting Parties, shall on the spot, mark in a permanent manner the exact boundary between the Japanese and Russian possessions on the Island of Saghaline. The Commission shall be bound, so far as topo- graphical considerations permit, to follow the fiftieth parallel of north latitude as the boundary line, and in case any deflections from that line at any points are found to be necessary, compensation will also be the duty of the said Commission to prepare a list end description of the adjacent islands included in the cession, and finally the Commission shall prepare and sign maps showing the boundaries of the ceded territory. The work of the Commission shall be subject to approval of the High Contracting Parties. "The foregoing additional Articles are to be considered as ratified with the ratification of the Treaty of Peace to which they are annexed." We next offer in evidence document 134, being the convention between Japan and Korea of November 17, 1905, by which Korea came under the 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 17,316 protectorate of Japan. This document is offered for the purpose, among others, of showing the source of Japanese rights in Korea which Japan lawfully obtained but which the prosecution charges was illegal and in pursuance of a scheme of Japanese aggression on the continent of Asia. We also introduce this document to show the Japanese rights and interests which Japan undertook to protect vis-a-vis Russia, thus explaining some of her actions which are charged as being aggressive. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document No. 134- will receive exhibit No. 2299. (Whereupon, the document above referred to was marked defense exhibit No. 2299 and received in evidence.) MR. YAMAOKA: We next offer in evidence defense document 135? being the declaration issued by Japan regarding the annexation of Korea in 1910, which is offered for the same purpose as the previous exhibit, THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document 135 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 17,317 will receive exhibit No. 2300. (Whereupon, the document above referred to was marked defense exhibit No. 2300 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 17,318 MR. YAMAOKA: I shall only read certain portions of this exhibit. (Reading): "Declarations as to the Annexa- tion of Korea to the Empire of Japan. Published August 29, 1910 (43d year of Meiji). "Declaration to Germany, the United States of America, Austria-Hungary, Belgium, China, Denmark, France, Great Britain, Italy and Russia, which have had treaties with Korea or have been enjoying the Most-Favored-Nation Treatment in Korea. "Notwithstanding the earnest and laborious work of reforms in the administration of Korea, In which the Governments of Japan and Korea have been engaged for more than four years since the conclusion of the Agreement of 1905, the existing system of government in that country has not proved entirely equal to the duty of preserving public order and tranquillity, and in addition a spirit of suspicion and misgiving dominates the whole Peninsula. In order to maintain peace and stability in Korea, to promote the prosperity and welfare of Koreans, and at the i same time to ensure the safety and repose of foreign residents, it has been made abundantly clear that fundamental changes in the actual regime of government are absolutely essential. 17,319 "The Governments of Japan and. Korea, being convinced of the urgent necessity of introducing reforms responsive to the requirements of the situa- tion, and of furnishing sufficient guarantees for the future, have, with the approval of His Majesty the Emperor of Japan and His Majesty the Emperor of Korea, concluded, through their respective Pleni- potentiaries, a treaty providing for the complete annexation of Korea to the Empire of Japan." May I state, if the Tribunal please, that this has already been entered, I understand, as prosecution exhibit 283 and.we shall refrain from further reading of this document. THE PRESIDENT: If it is already in, it should not go in again. MR. YAMAOKA: I was not aware of that, your Honor, until Mr. Brooks— MR. BROCKS: I have a note on it, your Honor, I just caught that when the document hit my desk; I happened to recall that something like that had been 22 entered in court that day and I checked back on it in 23 the index and found it. I just had it penciled on my 24 ; copy and just forgot telling the boys about it until 25 ! last night. I was with .them last night but didn't I tell them about It then. 0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 17,320 MR. YAMAOKa: We next offer in evidence defense document 42, being a treaty of annexation of Korea to the Empire of Japan of 1910, for the same purpose as previously outlined. We will not read this exhibit, if your Honor please. THE PRESIDENT: It will save time to let that exhibit 2300 stand. The last exhibit is admitted on the usual terms. CLERK OF THE COURT? Defense document No. 42 will receive exhibit No. 2301. (Whereupon, the document above referred to was marked defense exhibit No. 2301 and received in evidence.) MR. YAMAOKA: With the Tribunal's permission Mr. Lazarus will continue for the defense. THE PRESIDENT: Mr. Lazarus. MR. LAZARUS: There has been a slight change and I will go to No. 120 in the lineal list of defense documents, which would be defense document 472 — No. 120 serially. We next offer in evidence defense document 472. THE INTERPRETER: Mr. Lazarus, the language section does not have such a document. 17,321 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 MR. LAZARUS: It is No. 120 on our list. THE INTERPRETER: Mr. Lazarus, we have located it. THE PRESIDENT: Admitted on the usual terms. CLERK 0? THE COURT: Defense document No. 472 will receive exhibit No. 2302. (Whereupon, the document above referred to was marked defense exhibit No. 2302 and received in evidence.) MR. LAZARUS: This document is the secret convention of July 1907 betv/een Russia and. Japan wherein and whereby the parties delineated their respective spheres of Influence in Manchuria, Korea and Outer Mongolia. (Reading): "The Government of His Majesty the Emperor of All the Russias and the Government of His Majesty the Emperor of Japan, desiring to obviate for the future all causes of friction or misunderstanding with respect to certain questions relating to Manchuria, Korea and Mongolia, have agreed upon the following provisions: "Article I" — THE PRESIDENT: Are you going to read them all? MR. LAZARUS: It is very short, sir. We 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 17,322 propose to, sir. THE PRESIDENTs We will recess for fifteen minutes. (Whereupon, at 1445, a recess was taken until 1500, 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 17,323 MARSHAL OF THE COURT: The International Military Tribunal for the Far East is now resumed. THE PRESIDENT: Mr. Lazarus. MR. LAZARUS: (Continuing) "ARTICLE I "Having in view the natural gravitation of interests and of political and economic activity in Manchuria, and desiring to avoid all complications which might arise from competition, Japan under- takes not to seek to obtain on its own account, or for the benefit of Japanese or other subjects, any concession in the way of railways or telegraphs in Manchuria to the north of a line defined in the Additional Article of the present Convention, and not to obstruct, either directly or indirectly, any initiatives supported by the Russian Government with a view to concessions of that sort in those regions; and Russia, on its part, inspired by the same pacific motive, undertakes not to seek to obtain on its own account, or for the benefit of Russian or other sub- jects, any concession in the way of railways or tele- graphs in Manchuria to the south of the above-mentioned line, and not to obstruct, either directly or indirect- 17,324 ly, any initiatives supported by the Japanese Government with a view to c&ncessions of that sort in I those regions. "It is fully understood that all the rights and privileges belonging to the Chinese Eastern Rail- way Company by virtue of the contracts for the con- | struction of this railway, dated August 16/26, I896, and June 13/25, 1898, will remain in force on the section of the railway lying to the south of the line of demarcation defined in the Additional Article. "ARTICLE II "Russia, recognizing the relations of political solidarity between Jnp-n and Korea result- ing from the conventions and arrangements at present in force between them, copies of which have been communicated to the Russian Government by the Japan- ese Government, undertakes not to interfere with nor to place any obstacle in the way of the further development of those relations; and Japan, on its p-rt, undertakes to extend in -11 respects most-favored nation treatment to the Russian Government, consular officers, subjects, commerce, industry and naviga- tion in Korea, pending the conclusion of a definitive 17,325 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 treaty. "ARTICLE III "The Imperial Government of Japan, recogniz- ing the special interests of Russia in Outer Mongclia, undertakes to refrain from any interference which might prejudice those interests. "ARTICLE IV "The present Convention shall be strictly confidential between the two High Contracting Par- ties." I»e next offer in evidence document 1 8 3 , being the Tri-Partite agreement between Russia, Outer Mongolia, and China, dated 7 June 1915, for the purpose of showing the political status of Outer Mongolia, which, as we shall later show, did not possess the attribute of sovereignty necessary in order to claim that war was waged against it by Japan as contended by the prosecution. THE PRESIDENT; Admitted on the usual terms. CLERK OF THE COURT. Defense document No. 183 will receive exhibit No. 2303. (Whereupon, the paper above referred to was marked defense exhibit No. 2303 and re- ceived in evidence,) 17,326 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 MR. LAZARUS: I shall read some of the articles, beginning with Artiole I at the bottom of page 1. "Outer Mongolia recognizes the Sino-Russian Declaration and the Notes exchanged between China, and Russia of the 5th day of the 11th manth of the 2nd year of the Republic of China (23 October 1913). "ARTICLE II - Outer Mongolia recognizes China's suzerainty, China and Russia recognize the autonomy of Outer Mongolia forming part of Chinese territory, "ARTICLE III - Autonomous Mongolia has no right to conclude international treaties with foreign powers respecting political and territorial ques- tions. "As respects questions of a political and territorial nature in Outer Mongolia, the Chinese Government engages to conform to Article II of the Note exchanged between China and Russia on the 5th day of the 11th month of the 2nd Year of the Republic of China. (23rd October 1913)." ke skip the next article. "ARTICLE V. - Chins and Russia, conformably to Articles II and III of the Sino-Russia Declara- 17,327 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 ticn of the 5th day of the 11th month of the 2nd year of the Republic of Chin? (23rd October 1913), recognize the exclusive right of the Autonomous Government of Outer Mongolia to attend to all the affairs of its internal administration and to con- clude with foreign powers international treaties and agreements respecting all questions of a commercial and industrirl nature concerning autonomous Mongolia, "ARTICLE VI. - Conformably to the same Article III of the Declaration, China and Russia engage not to interfere in the system of auonomous internal administration existing in Outer Mongolia. "ARTICLE IX - On all ceremonial or official occasions the first place of honor is due to the Chinese Dignitary, He has the right, if necessary, to present himself in private audience with His Holiness" — it is a name I cannot pronounce — "Pogdo Chaptsun Damba Kut'ukht'u of Outer Mongolia. "The Imperial representative of Russia en- joys the same right of private audience. "ARTICLE XI - Conformably to Article IV of the Notes exchanged between Chine? and Russia on the 5th day of the 11th month of the 2nd Year 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 17,328 Republic of Chinr (23rd October 1913), the terri- tory of the autonomous Outer Mongolia comprises the regions which were under the jurisdiction of the Chinese Amben at Urga, of the Tartar-General at Uliassutai and of the Chinese Amben at Kobdo"; and it gives the boundaries there, which I shall not read. "ARTICLE 2LVII. - Since a section of the Kiachta-Urga Kalgan telegraph line lies in the territory of Autonomous Outer Mongolia, it is agreed that the said section of the said telegraph line- constitutes the complete property of the Autonomous Government of Outer Mongolia. "The details respecting the establishment on the borders of that country and Inner Mongolia of a station to be administered by Chinese and Mon- golian employees for the transmission of telegrams, as well as the questions of the tariff for telegrams transmitted and of the apportionment of the receipts, et cetera, are to be examined and settled by a specii commission of technical delegates of China, Russia and Autonomous Outer Mongolia." That concludes the reading from that docu- ment, if your Honor please. 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 17,329 We next offer in evidence defense document 173, being the agreement between the U.S.S.R in Outer Mongolia of 5 November 1921. It will be noted that this treaty is in contravention of the terms of the previous exhibit. THE PRESIDENTS Admitted on the usual terms. CLERK OF THE COURT: Defense document 173 will receive exhibit No. 2304. (Whereupon, the document above referred t*» was marked defense ex&ftbit 1:2304 and received in evidence.) MR. LAZARUS: I read 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 17,330 MR. LAZARUS: (Reading) "Signed at Moscow November 5, 1921. In force from November 5, 1921. "whereas all former treaties and agreements ccneluded between the Tsarist Government of Russia and the former Autonomous Government of Mongolia cempelled thereto by the insidious and encroaching policy cf the above mentioned Government of Russia, bav as a resu't cf the new situation created in both countries lost their validity, now therefore the Popular Government of Mongolia on the one part, and the Government of the Russian Socialistic Federa- tive Soviet Republic on the other part, moved bv sincere aspirations towards free friendship and collaboration between the two neighbouring peoples, have with this aim resolved to enter irto negotiations and for that purpose appointed their plenipotentiaries:" Article I on page 2, if the Tribunal please: "The Government cf the Russian Socialistic Federa- tive Soviet Pepublic recognizes the Popular Govern- ment of Mongolia as the sole lawful Government of Mongolia. "Article 2. The Popular Government cf Mongolia recognizes the Government of the Russian Socialistic Federative Soviet Republic as the sole • lawful authority of Russia. 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 17,331 "Article 3» The two contracting parties mutually bind themselves: "1. Not to allow on their territory the formation or residence cf governments, organizations, groups or individual persons aiming at struggling against the other party cr overthrowing its govern- ment or governments of its allied states, :.;ithcr to allow on their territory the mobilization or free recruiting, either of its own citizens cr citizens of other states, into an armv hostile to the other party. "2. To forbid and to take all measures for preventing, the importation into points within each one's territory and into territories of states in alliance with them, or the transportation through such territories, of arms belonging to or destined for any organization directly or indirectly struggling against cnc of the parties and likely to be used for such struggle. "Article 4. The Government of the Russian Socialistic Federative Soviet Republic sends its Plenipotentiary Representative tc the Capital of Mongolia and its Consuls tc the cities." I skip the rest of that. I skip Article 5. "Article 6. The state boundary between 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 17,332 Russia and Mongolia is to "be determined "by a Special Commission to be appointed by special Agreement between the Government of the Russian Socialistic Federative. Soviet Republic and the Popular Govern- ment of Mongolia, such agreement to be concluded within the nearest possible future. "Article 8. The judicial authority of v / each cf the contracting parties shall extend, in civil as well as in criminal matters, over the citizens of the other contracting party residing in its territory, and the parties, guided by the high principles of civilization and humanity, renounce the application by their judicial, inquiring and other organs cf any punitive or inquiring measures causing physical pain or degrading moral human state." Article 11 on page 5'- "In consideration of the- paramount importance of regulating the questions of postal and telegraphic relations between Russia and Mongolia, as well as transmission of telegraphic correspondence in transit through Mongolia, with the aim of strengthening the cultural and economic mutual relations springing up between the peoples of both countries, the Parties agree that there will be concluded on this subject a special agreement within the- soonest possible time." V 17,333 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 The twelfth article and last: "The Popular Government of Mongolia declares Zc recognize in regard to Russian citizens owning lands or buildings in Mongolia, vhe same rights of ownership, lease and occupation of lots for buildings, and to appl;r the same means of collecting taxes," I skip the rest — no, I am sorry — "rent-3 and ether payments, as are re cognized and applied, or shall bo recognized and applied in regard tc the citizens cf the most -fa-v wr-«A state." 17,334 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 M o LAZARUS: v'o next o^fer in evidence de- fense document 348, being the Immigration Act of 1924 o^ the United States popularly known as the Japanese Exclusion Act. The remarks fcr the term "alien ineligible for citizenship" employed in the foregoing Act means Japanese nationals among others. THE PRESIDENT: Admitted on the usual terms. CLERK IF THE COURT: Defense document 348 will receive exhibit No. 2305. (Whereupon, the document above re- ferred to was marked defense exhibit No. 2305 and received in evidence.) MR. LAZARUS: I will read a very small portion of this. Section 3 on pages 2 and 3: "Definition of 'Immigrant'. When used in this act the term 'immigrant' means any alien departing from any place outside the United States destined for the United States, except (1) a Govern- i ment official, his family, attendants, servants, and « employees, (2) an alien visiting the United States temporarily as a tourist or temporarily for business or leasures, (3) ar alien in continuous transit through the United States (4) an alien lawfully admitted tc the United States who later gees 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 17,335 transit from cne part cf the United States to another through foreign contigucus territory, (5) a bona fide alien seaman serving as such on a vessel arriving at a port cf the United t̂atc-s and seeking to enter temrcrarilv the United States solely in the rursuit of his calling as a seaman, and (6) an alien entitled to enter the United States solely to carry on trade under and in pursuance cf the ^revisions of a present existing treaty of commerce and navigation." Sections 13 (a) and (c) on page 13: "Nc alien ineligible to citizenshir shall be admitted to the United States unless such alien (1) is admissible as a non-quota immigrant under the provisions cf subdivisions (b), (d), cr (e) of secticn 4, cr (2) is the wife, cr the unmarried child under 1° vears cf age, cf an immigrant admissible under such subdivision (d), and is accompanying or following to join him, or (3) is not an immigrant as defined in section 3." And lastly, Section 14 on page 14: "Deportation. Section 14. Any alien who at any time after entering the United States is found tc. have been at the time of entry not entitled under this act tc enter the United States, cr to have remained for a longer time than permitted under this 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 17,336 act or regulations irade thereunder, shall be taken into custody and deported in the same manner, as pro- vided for in sections 19 and 20 of the immigration act of 1917: Provided, that the Secretary of Labor may, under such conditions and restrictions as to support and care as he may deem necessary, permit permanently to remain in the United States, any alien child who, when under 16 years of age was heretofore temporarily admitted to the United States and who is new within the United States and either of whose parents is a citizen cf the United States." That concludes that document, if the Tribunal please. We next offer for identification only the book ex -titled "Ten Years in Japan" by Joseph C. Grew, former United States Ambassador to Tokyo, and as a defense document, 206-B(30), an excerpt from that book in evidence. THE PRESIDENT: Mr. Comyns Carr. MR. CARR.: In our submission, your Honor, the excerpt is subject to the same objection as in the case of Mr. Powell. Of course an ambassador and a journalist are not the same thing, but the expression of an ambassador's personal opinions which he may chocse to publish in a book are, in my submission, 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 17,337 equally objectionable for the same reasons as the Tribunal gave in the case of Mr. Powell's bock. As the extract shows, at the time when the book was published Mr. Grew was no longer ambassador. He was a former ambassador and, as a private citizen, publishing this book as any ether private citizen might do. It is true that the book in part appears to be extracts from a diary, but, in my submission, that doesn't render under the section of the Charter those extracts admissible in evidence to show the opinions of the writer, MR, LAZA.'US: Mr. President, this excerpt is specifically taken from the diary while Mr. Grew was ambassador to the United States. These are his observations and his opinions on what was going on around him at that time, and he acted on those. These arc statements of facts that Mr. Grew quotes in his diary from other people, also ambassadors, for instance, Walter Edge; and it will be tied in directly with the previously read document on the question of the Exclusion Act. THE MC riTC'.:: V hat was the name of the ambassador, please? MR. LAZARUS: Walter Edge. Surely the findings cf fact of a man who 1 2 5 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 j 22 j I 23 | 24 j | 25 i 17,338 was ambassador from the United States to Japan during these ten most crucial years are important to this Tribunal. And his findings of fact most certainly constitute evidence that the defense may adduce. THE PRESIDENT: When Mr. Ballantine was giving evidence, we refused to allow him to express opinions. He succeeded in expressing some in an affidavit. We said we would disregard them. We did so cn the objection of the defense. If Mr. Grew were here, we would not allow him to express opinions. It follows we would not take his opinions from his bocks. No doubt Mr. Grew would be a very valuable witness. We thought he was going to be called to testify as to happenings, not to give opinions. He could give evidence in affidavit or he could answer interrogatories, MR. SMITH: Your Honor, in view of the fact that these excerrts from Mr. Grew's diary are matters of general importance, I would like to be heard because it is a matter that will probably recur, THE. PRESIDENT: Mr. Carr has said they were opinions Snd Captain Lazarus did not contest that. We have not seen the excerpt or the book. MR. SMITH: Well, your Honor, there is I 17,339 apparertly a misunderstanding. There have "been a hundred and forty excerpts altogether taken out of Mr. Grew's diary. They are not matters of opinion, as Ur. Grew expresses in his book. Although the book was published after the beginning of the war, this diary was kept contemporaneously. THE PRESIDENT: We might do in this case what we have dene in ethers, admit the excerpt but undertake to reject any opinions. There may be wedged in among the opinions statements of fact of importance. MR. LAZABUS: Mr. President, may I make one observation? Then if the Tribunal were tc think these were opinions, although I thought I had stated they were findings of fact by the ambassa- dor, nevertheless wouldn't the opinions be of &n expert, an ambassador for ten years is certainly an expert on the question of what is the subject matter and contentions between his country and the country he represents? THE PRESIDENT: It was decided to admit the excerpts, Captain Lazarus. MR. LAZARUS: Thank you, sir. THE PRESIDENT: The objection is overruled. CLERK CF THE COURT: Defense document 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 17,340 No. 206, to wit, the diary of Joseph Grew, will receive exhibit No. 2306 for identification only, and the excerpt therefrom bearing the defense docu- ment number 206-B(30) will receive exhibit No. 2306-A. (thereupon, the documents above re- ferred to were respectively marked defense exhibit No. 2306 for identification only and defense exhibit No. 2306-A in evidence.) 1 2 «» o 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17,3^1 m . LAZARUS: (Reading): "WHY AMERICA SHOULD NOT REPEAL THE EXCLUSION ACT "January 27, 1935 "The Bishop Reifsniders, just returned from America, and the Walter Edges, on their way around the world, came to tea. Reifsnider told me of his talks with Hull, Castle, and others, chiefly with regard to a repeal of the discriminatory provisions of the Exclusion Act of 1924. He tried to see Hearst in California to ascertain his attitude, but Hearst was ill and couldn't see him. I do not think that this is the time to approach the question; of course the Act always rankles and always will, but to repeal the discriminatory provisions now would be interpreted by many as an indication of weakness and as a desire to placate the martial spirit of Japan, and while lovely pditorials would be written about our graceful action in recognizing Japan as an equal, it would not in the slightest degree alter Japanese policy or tone down the military propaganda. On the contrary I can see some Japanese writers arguing that having recognized Japan as an ecual on the immigration issue, it would now be all the mom appropriate and logical for us to recognize her as an equal on th« naval issue. Besides, 17,342 l 2 3 4 5 6 who can ever predict with certainty that any bill will pass the Senate? We thought our Lausanne Treaty with Turkey secure, and, as far as I am aware, the admin- istration thought the World Court Protocol would pass, yet both were defeated. To bring up the repeal of the discriminatory provisions of the Exclusion Act and to 7J have the effort fail would be disastrous. Better let 8 things lie for the present 9 | THE PRESIDENT: There is not much value in 10 that. 11 MR. COMYNS CARR: Your Honor, now that the 12 extract has been read my submission is that there is 13 i nG single statement of fact in it except that somebody 14 came to tea. The whole of the rest of it is opinion 15 and although the opinlofrdo«sn't hurt us"in 'the slightest degree we object to it in principle. 17 THE PRESIDENT: We advise you to look through those 140 excerpts, Captain Lazarus. If they are all like that they are hardly worth reading. MR. LAZARUS: No, they are not all like that, Mr. President. We think it is important, Mr. President, because it shows the motivation for Mr. Grew's acts as Ambassador during this critical period. However, sir, we shall recheck the remaining documents. THE PRESIDENT: Pick out your best. You must 18 19 20 21 22 23 24 25 17,343 1 2 3 4 5 6 7 8 I 9 I 10 11 12 13 14 15 16 17 18 ! 19 20 | 21 ! 22 23 24 25 know what they are, Captain, and read them first. !'!R• LAZARUS: Certainly, sir. Prosecution exhibit 31 contains the basic treaty dated 20 January 1925 between the USSR and Japan, but It omits the exchange of notes and other documents attached thereto. The defense therefore offers in evidence these missing documents at this time. We offer now in evidence defense document 45, being the exchange of notes, dated 20 January 1925 between the USSR Ambassador and the Japanese Minister at Peking on the occasion of the conclusion of this basic treaty between the USSR and Japan. (Reading): "Peking, January 20th" — THE PRESIDENT: Mr. Carr may object. He says he hadn't an opportunity to read that, MR. LAZARUS: Oh, I am sorry. COMYNS CARR: I don't object. MR. LAZARUS: Mr. Carr informs me there will be no objection, sir. THE PRESIDENT: Admitted on the usual terms. MR. LAZARUS: This is the exchange of notes — CLERK OF THE COURT: Defense document 45 will receive exhibit 2307. (Whereupon, the document above re- ferred to was marked defense exhibit No. 2307 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 17,344 and received in evidence.) MR. LAZARUSs (Reading) "Monsieur le Ministre" — MR. COliilYNS CARR: I shall, of course, object to it on the general ground of irrelavancy which I apply to all these documents, but I don't make any other objection. THE PRESIDENT: As I said twice already, we reserve the question of relevancy. MR. LAZARUS: Yes, sir. (Reading): "I have the honour on behalf of my Government to declare that the Government of the Union of Soviet Socialist Republics agrees that the work which is now being carried on by the Japanese in Northern Saghalien both in the oil and the coal fields, as stated in the Memorandum handed to the Plenipotentiary of the Union of Soviet Socialist Republics by the Japanese Plenipo- tentiary on August 29th, 1924, be continued until the conclusion of the Concession Contracts to be effected within five months from the date of the complete evacuation of Northern Saghalien by the Japanese troops,' provided the following conditions be abided by by the Japanese: "1) Th^ work must be continued in strict accordance with the data of the said Memorandum 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 17,34-5 August 29th, 1924, as regards the area, the number of workers and experts employed, the machinery and other conditions provided in the Memorandum. "2) The produce such as oil and coal cannot be exported or sold and may only be applied to the use of the staff and equipment connected with the said work. "3) The permission granted by the Government of the Union of Soviet Socialist RPpublics for the continuation of the work shall in no way affect the stipulations of the future concession contract. "4) The question of operation of the Japanese wireless stations in Northern Saghalien is reserved for future arrangement, and will be adjusted in a manner consistent with the existing laws of the Union of Soviet Socialist Republics prohibiting private and foreign establishment of the wireless stations." The next letter: ' 0 "I have the honour to acknowledge the receipt of the following Note from your Excellency, under this date: "'Monsieur le MInistre, "'I have the honour on behalf of my Government to declare that the Government of the Union of Soviet Socialist Republics agrees — Sorry, I thought we- had tho 17,346 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 second letter. Apparently I have identical letters attached. Sorry, I will read on page 4 the last 2 paragraphs, which are really the essence of that letter, "On behalf of my Government, I have the honour to state that the Japanese Xmpc-x .a^v^mr^exii; agrees entirely with the said Note. "I avail myself" — THE PRESIDENT: Omit those forms. MR. LAZARUS: Yes, sir. 17,347 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 MR. -LAZARUS: We next offer in evidence defense document 46, being Protocol (A) of the basic treaty between the USSR and Japan, prosecution ex- hibit 31. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document 46 will receive exhibit No. 2308. (Whereupon, the document above referred to was marked prosecution exhibit No. 2308 and received in evidence.) MR. LAZARUS: (Reading) "Protocol (A). Signed at Peking, January 20, 1925." I begin with Article 2, if the Tribunal please. (Reading) "It is agreed that all questions of the debts due to the Government or subjects of Japan on account of public loans and treasury bills issued by the former Russian Governments, to wit by the Imperial Governments of Russia and the provision- al Government which succeeded it, are reserved for adjustment at subsequent negotiations between the Government, of Japan and the Government of the Union of Soviet Socialist Republics. "Provided that in the adjustment of such questions, the Government or subjects of Ja^an shall 1 2 3* 4 5 6 7 8 9 10 11 j 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17,348 not, all other conditions being equal, be placed in any position less favoursble tnan that which the Government of the Union of Soviet Socialist Repub- lics may accord to the Government or nationals of sny other country on similar questions. "It is also agreed thst all questions relating to claims of the Government of either Party to the Government of the other, or of the nationals of either Party to the Government of the other, are reserved for adjustment at subsequent negotia- tions between the Government of Japan and the Govern- ment of the Union of Soviet Socialist Republics. "ARTICLE 3. "In view of climatic conditions in North- ern Saghalien preventing the immediate homeward transportation of Japanese troops now stationed there, these troops shall be completely withdrawn from the said region by Fay 15, 1925. "Such withdrawal shall be commenced as soon | as climatic conditions will permit it and any and all districts in Northern Ssghlien so evacuated by Japanese troops shall immediately thereupon be restored in full sovereignty to the proper authorities of the Union of Soviet Socialist Republics. 25 "The detail, pertaining to the transfer 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 17,349 administration and to the termination of the occupa- tion shall be arranged at Alexandrovsk between the Commander of the Japanese Occupation Army and the Representatives of the Union of Soviet Socialist Republics. "ARTICLE 4. "The High Contracting Parties mutually declare that there actually exists no treaty or agreement of military alliance nor any other secret agreement which either of them has entered into with j any third party and. which constitutes an infringement upon, or a menace to, the Sovereignty, territorial rights or national safety of the other Contracting Party. "ARTICLE 5." Just the first paragraph. "The present Protocol is to be considered as ratified with the ratification of the Convention embodying Basic Pules of the Relations between Japan and the Union of Soviet Socialist Republics, signed under the same date." We next offer in evidence defense document 47, being Frotocol (B) of the aforesaid basic treaty between the USSR and Japan, which was prosecution exhibit 31. 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 17,350 THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Defense document 47 will receive exhibit No. 2309. (Whereupon, the document above referred to was marked prosecution exhibit No. 2309 and received in evidence.) IIP.. LAZARUS: (Reading) "The High Con- tracting Parties have agreed upon the following as the basis for the Concession Contracts to be con- cluded within five months from the date of the complete evacuation of Northern Saghalien by Japanese troops, as provided for in Article 3 of Protocol (A) signed this day between the Plenipotentiaries of Japan and of the Union of Soviet Socialist Republics. "1. The Government of the Union of Soviet Socialist Republics agrees to grant to Japanese concerns recommended by the Government of Japan the concession for the exploitation of 50$ in area, of each of the oil fields in Northern Saghalien which are mentioned in the Memorandum submitted to the Representative of the Union by the Japanese Representative on August 29th, 1924. For the pur- pose of determining the area to be leased to the Japanese concerns for such exploitation, each of the said oil fields shall be divided into checker-board 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 17,351 squares of from fifteen to forty dessiatines each, and a number of these squares representing 50$ of the whole area shall be allotted to the Japanese, it being understood that the squares to be so leased to the Japanese are, as a rule, to be non- contiguous to one another, but shall include all the wells now being drilled or worked by the Japanese. With regard to the remaining unleased lots of the oil fields mentioned in the said Memo- randum, it is agreed that should the Government of the Union of Soviet Socialist Republics decide to offer such lots, wholly or in part, for foreign con- cession, Japanese concerns shall be afforded equal opportunity in the matter of such concession. "2. The Government of the Union of Soviet Socialist Republics also agrees to authorize Japanese concerns recommended by the Government of Japan to prospect oil fields, for a period of from five to ten years, on the Eastern coast of Northern Sag- halien over an area of one thousand square versts to be selected within one year after the conclusion of Concession Contracts, and in case oil fields shall have been established in consequence of such prospect- ing by the Japanese, the Concession for the exploitation of 50$, in area, of the oil fields so 17,352 j established shall be granted to the Japanese. 2 "3• The Government of' the Union of Soviet 3 Socialist Republics agrees to grant to Japanese 4 concerns recommended by the Government of Japan the 5 concession for the exploitation of coal fields on » » 6 the Western coast of Northern Saghalioh over a 7 specific area which shall be determined in the Con- 8 cession Contracts. The Government of the Union of 9 Soviet Socialist Republics further agrees to grant to such Japanese concerns the concession regarding coal 11 fields in the Doue district over a specific area to be determined in the Concession Contracts. With regard to the coal fields outside the specific area mentioned in the preceding two paragraphs, it is also agreed that should the Government of the Union of Soviet Socialist Republics decide to offer them for foreign concession, Japanese concerns shall be afforded equal opportunity in the matter of such concess ion. "4. The period of the concession for the exploitation of oil and-coal fields stipulated in the preceding pare graphs shall be from forty to fifty years." Paragraph six. THE FRESIDENT: Well, the details of this 10 12 13 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 17,353 concession do not matter. MR. LAZaRUSs All right, sir, I will skip the rest of that. We next offer in evidence defense document 49, being a declaration annexed to prosecution exhibit 31• TF1"! PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution document 49 will receive exhibit No. 2310. (""hereupon, the document above referred to was marked prosecution's exhibit No. 2310 and received in evidence.) MR. LAZARUS: (Reading) "DECLARATION "Dated at Peking, January 20, 1925. "In proceeding this day to the signature of the Convention embodying the Basic Rules of the Relations between the Union of Soviet Socialist Republics and Japan, the undersigned Plenipotentiary of the Union of Soviet Socialist Republics has the honour to declare that the recognition by his Govern- ment of the valid it" of the Treaty of Portsmouth of September 5, 1905, does not in any way signify that the Government of the Union shares with the former Tsarist Government the Political responsibility for 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 17,354 the conclusion of the said Treaty." "Te next offer in evidence defense document 50, being a note annexed to prosecution exhibit 31. CLERK OF THE COURT: We haven't that. MR. LAZARUS: Mr. President, apparently our document section has gotten just this far and we respectfully ask that the eight minutes be let go. Thank you, sir. THE PRESIDENT: We will adjourn until half past nine tomorrow morning. ("'hereupon, at 1555, an adjournment was taken until Thursday, 27 February 1947, at 0930.)
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February 26, 1947-Index (p. 17, 232-17, 354)
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