~ /(

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-

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.
.
EEAfQUARTERf' ' EJCFTH ~.l\ E~ :y
Utiit~a ftates Army
Office of :t be .Staff J11(ge Acvocate
...

I' .

YokohafYla , Japan
1 Tecember 1948
U:t-TITEI E'TATEEi OF
~evie_w

, A~lE -:\ICA

VE TSUI\TEO IE.EIKAWA

of th.&- EtaJ,'; .[1:1dge_.(i.dy.Qca te

1. The ' attac ~ ed rec-0rC' of trial of Tsuneo Ishikawa 2t Yokohama,

Japan; tried from 23 Karch 1948 to 24 ~arch 1948, by a ~ ilitary Commission eppointed by paragraph 10, fpecjal Orfers Number 66,
Headquarters Eight;h Army, Uni te.o/ States Ar:my, datec1 22 March 1948,
. hav:!. ng been refGrr~d to the Staff Judge AC'vocate, thi.s review thereof is submitted to thr: Command-in!! General.
;,'

,:\f: Per~ona, l tata Coninr Accu,.0

NAME: Tsuneo Isri.kawa
AGE: 46
.
REEIDENCE: 1684 f hikisrima
Ma.chi, Nakakoma Gun,
Yamanashi Ken
MARITAL STATL'E: Marriee
RELATIVES: li!otber, wife, son
EDUCAT10N: Graduate of
Agricultural and Forestry
College
VOCATION: Government Agricultural. Engineer
MlLITAHY CPJIBER~ 149th ~egi
ment (Yofu) August 1937;
Ehanghai ten days (seriously
:._. wouncec'), sent back to Kofu
. an(l was fischargec in ~farch
1940; 62nd Unit 11 August
1944, stayea twerity ~ays;
Omori POV/ Camp . 1 Sentember
i944; Naoetsu (Tokyo.4-B)
23 January 1945.
.

I'ATE GF CONFITITgIi1ENT: 16 November

1945
DATE OF A?:lRAIGNMENT: 23 J;1 e.rch

1948

PLACE OF TRIAL: Yokohama, Japan

PERIOI OF TR1AL: 23 to 24 March

1048
7

'.

fATE OF EENTENCE: 24 March 1948

SENTENCE; CBL for four (4) years
CLEMENCY HECO~.If.'.E"1 DEI, BY
cm1EUE:SIOH: No

..

----- --- -----

2~

Synopsis of Charges, Pleas , Fineings ane Legal fufficiency ;

Lc,ally
;Charge anc Epec~ficatiqns
P~.a...
Fin0i1IB..
2ustainee
'

Charge~
(As amenC'e0, H 2) AccusP.c~
;?t the times end places set forth
;in the i~acification hereto attached, _ and euting a tjme of war
between the united ftates of
America, ;~ts P.liies and Depencen. cies, and Japan, 010 viol2te the
Laws ane Customs of War.

Yes

G
Sp 1: . :<As amended;_ Tf-2) Between
about 23 January 1;145 anc 1 Eept
1945, ~t or near Na6etsu Prisoner
of V!ar Camp, k nown c:fs "4-B, Tokyo .
Area; Ni.iga ta, Honshu, Japan,
accu,sea c'id wrongf11lly . dis_re.gara
anc -.fail' to 01~_crerge _his 0uty ---as 0{:lIQ.p commance.r to contr.ol and

Yes

, .
.

_, ...

~:

' ...
I
C

'(p 1
.

7-

, .

of .;17, Ishikav;a 5 Case No. 300)

;,: l't~~l-csu~ .
:./.~ . c

..

_,

'.~i- .. ;f e~ti~; in . kernbers of his co.mmand

~),.:., ' .. efic p.~l'.sbps uriderfi'h:t9 : c.ont.rol an<'1'

.,,.-

;ri~r.~.,:; ... '\,~;~th~x:~-~ t\~-h~~~;J8~:2~~!i~::~h~n~ oi-. :tow:irtg

: :at:t!e:>c:t:t:l:t~ . s '\aria

C?.t.he:r. .of-

~f. :" . :~~,~~~ i:~f'. (~~~-~-~<~~32.fd. ~:~rl~..one rs

~', ; ~~~~~~:t>:~~tt~~~t6~3 ~~~1fo~~~~t .

!.' ,.'/ .:

Yes

Yes

Yes

Yes

(As amencecl, n 3) Bet\!i'eJ3J:l about 1 June 194.5 anc'l 1

P~P.t'em:bor. 194'5, the mis.treatment

Yes

Sp 1-r.: BetvJeen about_ 1 June a nd

1 Ati.g.u,s :t 194'5, tl:e mistreatment
by .oh~ . Kono' of Kenneth L. Mc;rvin~
an Ame rica.n Pr:i.soner of War~ by
heat5.!J.g . anc OthGrwiso abus:i ng J:-itm.

Yes

Sp 1-g~ Ori numerous occesions

between about 15 April 1945 anC!

Yes

$P 1-h~ In ~~out August 1945,

tbe mistreatment by one Kpno of
C6rporal Edgar M. Langley, 2n
:. American Prisoner of War, by
be~\'ting him . .

Yes

~ ;. 1,v:~.rc:t/ :i( $i,.k A~erican Prisoner

I . or War,
[,.....

bY bee'.t ing him. into in,".'

:3'~.rtsibility <~nd ' 'Otherwise abusfng

him.o

fr.

'.

sp .1 .~ bi Between<about 23 January.
..+:945 an<J.' l C:ept.emper 1945, t[le .
nri~.trea tment

h;y: one Kono of Wil-

Ji,:J.ain G.,. .. swa,ns,t on, an Austr:a lian

F:;r -;soner o~ Wa:~ , by bee ting him .

f~.
~I

Sp ~ -.c: . In ab,:<;nit June 1945, the

mi'$tre(a ttnent b~ one Kono of
tieutehent Alt're.d Toulon, an
4:iJ1~.:rJS?P. Prisoner. of War, by
peating and otherwise abusing
l\~m .

~P '. 1~a: , . Between about. 1 May

1945 and l feptember 1945, the

misi't .reatment by one Kono of 11 flim 11

W~ ]~qnJ _an AmePican Prison~r of
W_e. p:, by beating and otherwise
a ~ ~rp1g. ?im

S p' 1.'--e:
0

by bf.le : Kono of Ewald 0. Barringer,

a:n Ame,ricap Prisoner of Wat;, by
b1ating anc otherwise abusing him.

1 September 1945 ~ tbe mistre3tment by one Kono of ~tewftrt G.

Barbour, an American Pris.oner of
- Wa\'r,7 - by beating anc1 otherwise
_abusing him.
'

. .

(p_ 2 of 17 , I shik,a wa, Case -No.; 300)

7f~

,..~;~:f-3:~

;, ,i

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.Cf~~

. . :.'I;!

.:.

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... G

Yes

Yes

.G .

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

t ni.isfrQ.attnefrit) )y; .()~$ . ~qno of E . .

xfl;,. : _ crc)teaP.. ~ ::.e:;n .yllJJ1~T1Gri\n :J".:i.~i.son-
' ir o:t Wa.r ,,:"J5y .-lie.a tj.fig.'him. .

;:r-;: :_

'<Sp

. ..

' niist:rea tme;n~ ,:h y 'one Kono of

<Hpymqpa Nq.gE;iJ~,, , an American.
Pg~so~~r op _ wa. ~ i /PY beating
a;na
otb,erwfse ; ~-b~ing him. . .
:.

~~i>

1-

~;::'

J.~k: .. ~~;twe'.rjrt. ab~~~ J.5 May

Se t?~~-~bo r 194 5. , the

.'. :i;945 ~Iid ': ~-

'.

sp

~.

1-i : ;qn . :htiiner6~s

occasions
abci:U.:t l >.June 1945 and
. . i August 1945:, the mistreatment
hy one Koho cif Lieutenant Louis
$;. . Zalllpe:ri'n i, ari American.PrisRJ.l~:r_ ,. of War, by beating . and
" otherwise abusing him.
betw~en

sp l~m: . In a:bout August 1945,

th!?: mistrea tme'nt by one Kono of
a:~ C, Sbthe;rland? an American
PrdJ one:r. of War, by beating him.
:~ p "i..:n:

In about . July 1945, the

mi:streatnient by one Kono of . Com~
rif~#de.!> Jaqk R. George, an Amer:Lc.att prisoner of War, by boating
him:. ,

.<: .-

.. " \ . : .,-

'

'

'I

. ,$.P i ..f(:; i Jn a bout; June 1945,~ tho

. mJStreatment by one Lo no of .
li;afold .D ! Vallier, an Americ~n
'P;r'is6~er of War, by beating and
ot;herwi~e . ab:using him.

1?P 1 .;;; p: ~- rri about July 1945, tho

m,istt,9a tment . by ohe Kono of

C6rporal $. L . Baker, . art American Prisoner of War, by beating

ari~ otherwise abusing him
,,

"

. S.B l~_cn . I~ ~b6ut Jt~y

19.45, the
mistreatment; by one Kono of Pote
Haufshulte, ' an America~ Prisoner
.o f V!ar;' by beatipg him.

.. :_s ~" l,~ r;

'

ln aboutoneJune
1945, .the
Koo ._o f

irli~;,t_;rjea tm~n~ . by

,S,d:;r_
g.(:}:c,lnt . Har_oJ:d A. Beed, an .

AiX.s,.tr.c.i.l~an . Pri s.ono.r ,o,f War, by

,beating .him i.11t:o inson.sibil~ ty
ang ;.,othorwise abusing him
0

(p

3 o:f

>

l7, : lshikc:via, CR so flro. 300)

~

, * : - r,. ._/

:on. :n:umerous

oeoasions

fa!une l 94 5~~ and ,

~ c p,teriH:te r ~' l.:9'45 ,>th'G. mi.s t r e a t -.; ..

: between a boiit : l

', / l

. :mont 'l:>Y
.

one >K.onO .~of

bC:i ~ t::lng
~ i.. n.g Jhim ., . ,/: .. ~ /

Yes .

'

Jqhri :iL FJtz-

g o r.alc T~ arLAfu.er:Lean Prisoner

War; .-. bY

.G

G .

of

;a:ric1 otherwise a-bus-

~,s.p t.~t: . In :'~ bou~ J:uly . 1945;

the
:,m,t;s;,trea tme l):t _;b y .one Kono . of Maj or
.D.El:v:ia . M: '.I\irK; .an Amo_ric:an_ Pris0,ti.d. :.of . Wa'.r , :; by ,bca;ting ..and other~ wJ se 'abusing: him.

Yes

Yes

i ~v: r n about April 1945, tho

G
;mistreatinerit by one Watanabe of .
c .orilqi_a nder Jack-R. Georg_c, an American. Prisonor of War, by boating
and otbe:rwise c:t'busing him.

Yos

.:.,

. .

~ 1.~u: .

;SJ>

1,, "

.;

"

I :n e;.h ot .August l94.5 :, tho

)Jl'~., streatmen.t ,by ono K;ono of Stan-'
.le .y A ~ M<;>nt{ :rain, an Amor.ica.ri
'P r:tsorier of ' War, by beating and
0 1t,herwise abs .i ng him.

Sp

E);p. '1 ....w:: :0 a bc:mJ June 194 5, tho

ml ,s tr eatment by one Watanabe of
L"'~ etitanant Louis S. Zamperini; an
.A merican Pz:isonor of War, by beating and otherwise abusing him~ .

'

Yes

Sp,.. 1-x: Between about l April.

G
+9.4!?and 1August1945, the mj. s ~
t t,eatment by Watanaboo.f LioutonaJ1ts Lo'l;lis . S . Zamperini, , Frank A.
';11in\cer, Abraham L. Hankin, Major
David M. Kirk, Commandors wade Fi.
Uopgan, Jack R. George, . Pharmacists
Mat~ Ralph E~ Patton, American
Pr.isoncrs of War, end Lieutenant
HenJ.i.n g T. A. Wade, a British
.
PT~sOner of War, by ordering thorn
tO. ' be .beaten and by otherwise
abusing .them.

Yes

Sp l;..y: Between about 15 r. ~ay 1945 G

and 1 Eeptembor 1945, the mistroatimertt by one Watane.bo of Max s.
Gaff, ah American Prisoner of
War, by beating and otherwise
abusing him.

Ye s

Yes

. ~:.i

2;p l-z:
In qbout July 1945, the
mistre atment by Watanabe and
others of Ma::J:'irie Private Cornet,
an American Prisoner of War, by
b,e[1 ting and otherwise abusing chim.

s'p 1-aa :. Bet\voen about 1 Mc:rch

, 1945', and 1 September 1945, the
. mist,roatmont by Kono and Watanabe
. of Lieutenant J. G. Nyrady, an
. Aqr?-can Prisoner of .W ar., and an
'Ufiknown -Ne\v Zoaland Prisoner of-:"
War., by .beating and othGTwise
_..,abusing
them .
- ---- -_ .. .
.

~-

' -

(p 4 of

17, Ishikawa., Case No. 300)

-

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.. . . . .

'.1,

',

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'}:f:,fJSj;,

~-

--.

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'

-.

1-bbi .. . In .ab9lit . F\:rbru:ary

1~45,

}i!."'.Ltrie 11ils.tt,cat!!l~n("'oy I\9316 enc~ ' iS1tan~be

.., "" .;X:}c:_o!:":_Pri vat'o::.;J"';'. T _. : . '~?'ttghton, an Aps""
~~j;.~y:'."1J;.,\ t ral)'an . Pri:sQ'ner Jof Wa'r 1 by beating
(~;:;:'. :~

' ;an.o : otharwis.e - abU...~ing hlm~

:~t~ 'i,i::'!~i,~ ~;~~ i~~~~Zi~~~~~~4

~ ;~b~!~ .
arid"Watanaqe
1

.Yes

Yes,
in part,

.. Sp 1..-dc:l : . Ori numerous occasions .

G
b.e:tween abo:ut~ 1 May 1945 ana l
Eeptember 19.e:5, -tbe ' mistreatment
by Kono and ' Watanabo of Jonathan B.
Bethe 1,- .a n . American Prisoner of
War, by beating and othorirvi:fo abusing him.

Yes

: Sp 1-ee: Between about 1 February G

J.9t1-.5 ano l April 19457 tho mis..:.
treatment by Kono anc Watanabe of
Priya te Bruqe R. Porter, an Australian P:risoner of War, by beat- .
ing. and other.wise a bus:'. ng bim

Yes

j:,)!.y::'/':C:inis:tr'oat~eti_t .' qy :K9.if .

!':~)

. : .;:,orwa ::riia.nt , _ officer"J.~qi.rtin B~ Chap-

;;;\'r:~

_: inan , . Private S. Kofth Bv:r;ling; A .

=CO:l,Jiins 1 ,q,9p~9.ra:;J;_: K~n~eth w~ . :1'.'irtr , _

Aus.t rali:an Pr:isor).f3rs of War~ .and

.E,ergeant . Walc.ker 9 a Dutch P:risoh.e r
: of war; hy bc.a+ing and . othe'r wise ..
-abu_s-ing .'them:.

....

i. .

. Sp ~ 1-ff: Between a bout 1 May

19'11-5 and 1 September 1945, the
mfstroatment by Kono and Aoki
ot ~: Naaa R . Gustafson, an American
:Pr:ts_o ner of .War, by boating and
ot~rwise abu~ing him.

G.

Yos

. Sp '1-gg: Oz:i about 8 August 194.5,

t he mistreatment by Kono, Aoki and

Yos

Sp i-hh: On . n~orous occasions

G
between abou.t 1 March 1945 and 1
.Sep~ember 1945 , . tho mistroatmont
of PJ'.'.ivate Froemont F . Shoats, an .
American Prjsonor of War, by boating .ana oth~r11is<t ebusing him.

Yes

In about June 1945; the

G
mistreatment. by one Aoki of Corporal
E1gar N. Langley, ah Amorican Pris- .
one:r '"of War, by bca ting and othorW~,se . al:msing him .

Yes

Yes

P~ivate

owhers of

William Larson 5

afl. American :Prisoner of War, by ,

beating arit1 otherwise abV.sing him.

. Sp i.-ii:

In' about July 1945 ~ - .tho

G
mistrGatment by Watanabe, Xato anc
o~pets of Edgar A. Pores .) an _
Amari:-,
ca.n.. Prisonor of War, by bGating ar..d
.o therwise abusing him . .. - . .

_S:p l"'."j,j:

. .. . .
..,

-'. .

:~

1-

(p

..

..
. ... ' - . , i - - .
~

- .-...

, ---._

..

'

of

17; Ishikawa, . cas~. Fo. 300)

.,.r;

~J

,/ " : / - , .-../

'.

-:... :

Sp

G
1-kk: On num~rous occasions
between about 23 January 1945 and
1 Soptembbr 0.:l945, the mistreatment
-bf. many Allied Prisoners of Wl:)r by
Kono, Wa_tanabc, !rnki and others by
beating arid otherwise abu~>ing them.

3.

Summar~ -

Yos

of the _Evidenco:

Bq.twecp :about 23 J anuary 1945 anc' 1 Eeptember 19Ll-5, the

accused was . camp commander of tho Naoetsu Prisoner of Far Camp No.
4 ".>.B, -Tokyo Area, Niigata, Honshu, Japan.
Ee was tried only for
command responsibility for --.Jthe alleged acts of his subordin,ates.
a.For the

Prosecution~

As to Specification 1-a: One Kono was the Japanese interpreter at the_ camp. On ~ono occasion ro entorecl the ba.rracks sick
-room where prisoner Ward. and about ten Australian prisoners wore
rJsting at about 1400 hours. He ordered this group outside, forcer
therri .to stand at attention and startoo boathi.g them with a stick.
He then asked prisoner Ward who he was. Upon boing informed that
Ward was an A;morican; K0no than tolc1 r!ard ' that Americans wore a ,
defeated race and, therefore, wore a lower class tha.n the Japanese
and then proceeded to bolt Ward over tho head, rioct and face with
a "waa 11 s ti.c k until Ward eventually fo 11 c~orm. :Fe then continue Cl
this boa ting in the samo manher <Jnc~ o:..'oerod Ward to -arise. Waro, by
this time, was barely capablG of rising anc, when ho attempted to
do so, hEJ was again knockocl down by Yono. This happonoc1 three timus
and Ward was loft lying on tho ground in an unconscious state. Kono
left t~e guards there d1;1_ring t~is time to watc~ Ward ~nd_ while ~e
wa'S lying there, they kicked him on the body with their _boots (Lx 1).
As to Specification 1-b: During ~n air raic practice,
:Kono accused prisoner Swanston of not working. At that time, tris
prisoner had been allocating tho other prisoners to their various
positions~
Kono was carrying a ball similar to thos~ used on railway platforms and which was used by tho Japanese to call prisoners
from the builoin~ during air raids and fire alarms. With this bell,
, he hit Swanston- throe times o_n the forehead (Ex 2).
As to~_$.pocification 1-c': In Juno 1945, Kono beat Lioutone.nt
Toulon, USN, severQlY and to such'an extant t~at his fRce bec~mu
badly lacerated (Ex 3).
As to Snccificati6n l~d: . Prisoner WGlaon ~a~ been working
unloa0ing barges and stole some rice and was ciscoverod. Afterwards,
whenever 'there was an air raid, he was compelloc to fall out anc'
stand in front of tho guardhouse. One evening, be failec to go out
o ..lickly enough t<} plea so ~ono, and he. rave , _oldon a beating. ~th8r
prisoners heard K'ono yelling, "I' 11 kill you" anc1 thoy heard him
beating Weldon. This las toe for ouito soma time, \"::;..;lc on beco.mo uncnnsciou and Kono dalled for water to throw on him to revive him
1

(Ex 4)

~.o Specification 1-o :

On one occasion, prisoner Earringer' s clothi.ng was badly Y.iorr>:, arfr torn . to sue!':' an ex~cnt _that it fell
off his 1(3gs . Kono ca.lloc him a<Sic1 o an( tole: him ho v.ias a c'isfraco
-to the Japanese army anc bit him about tho face several times until
be became,uncons<2ious. - Aftorwarc~s, ho throw wator on him to rovivo
. hfm, anc thoh force .Cl hj_m to C'arr~1 t'he rva tG r pail back to the of fie~

(Ex

5) .

(p

'

6 of 17, Ishikawa, Caso No. 300)

/~Lld~d

.... . .

/;~~~~0fl~~~:.;,~~~1~f~l~~}~-~!i!)~\~~,:''r;c:-~~~~"~~:?}~~-;-t:-,:,'

'

_ As to SpQ.Cification l J f: Somo~- timEi in Juno or July 1945, _

while rctur:nirtg to tlie camp froin work, 1:)risoner. Marvin m2.de a remark that one of the guard~ iookcd like a monkey. The guarc" over.heard him anQ.,-',_ ~lthcugh he e'dulcr not := uncerstan0 English, he ~new
- tbat tho - prisoners were laughing at him and evidently askcc Yono about ~ it.
A>day or two later, Kono -stopped Pe.rvin ana a skoc him
if he bad callee the guard a monkey and Marvin replied thet ho
could not -remember. Kono kept repoatihg the question anc Marv-in
maintained his original answer. Finally, Kono became angry and
beat him about the head with his fists. He knockecl him down once
anc finally knocked him through a: windm~i into tre mess ha 11. He
followed him Jnto _the mess hall and threw water on him although ho
_was not uttcbnscious. After h(! regained his feet, he beat him with
his fists several times (EX 6).
~ , As to 1Specification 1-g~ _ In -about April 1945, tho prisoners were moved to this camp. Kono came through .the barracks shortly
after their arrival . Thero were about oighty men in tho squadron
-and thG passageway wa.s congc~ted sp that rio one saw him approach to
c1ll attention. He grabbed six men noarest him, of which prisoner
Barbour was one, and beat them about tho head with his slip;'.)or
giving oach four . or fivo blows "as l"'ara as ho c,oula swing it" fox 7).

_
As to Specifico.tion 1-h~ . While prisoner Langley was work- ing at a carbide factory in Naoctsu') the civilian boss in charge
excused a number of prisoners, of which Langley was a member, .for the
p'l;lrpqse of getting a drink of water. While doing this, Kono entered
and ordered them to go back to work. They oxplained to hi.ill that
th~y wore properly oxciused.
KbtiO bocame violently angry, seized
a largo board and struck Langley with it several time s. Langley
and his fellow prisoners attomptaa to keep out of striking distance
of his blows and this furtho-r "a:ngcrtfd him ~ --Ho then compelloc Langley
and the~ other prisoners to stand at attention _while he be at them
with t0c boarc (Ex 8).
~s to Spocifi~ation 1-t:
On one occasion, an air raia was .
sotindoc. and all officers i:ve ro ordero0 out of tho barracks to assor1-..
bl~ fo~ the purpose of operating tho fire hose.
Commonly, they
we~e forced to stand et attention tho remainder of the night an~
work tho following day. On this occasion, ~hile stsn~ing at attention, Kono brutally struck numoros officors incluc?ing Commanc1cr
qorgan. The w~apon ho used was tho fla t side. bf a shovel. Thero
was no provocation for those boatings (Ex .9).

As to Spocificatjon 1-j: Prisoner A. E. Crote au, USMC,

- wci.s reported by tho Japanese hancho that ho was not working harc1
enough .on his job. _Kono beet him severely and "tr.on hac1 him . put
in the b~i~n (Ex 10) . .
As to Specification 1-k: Prisoner Nagele was on lieht
camp futy because ~ bori-bori and Kono callee to him. Because
he dic:1 not realize that ho wa_ntca him' h0 pe id no a ttontion to him
- Kono then ran up. to tho pr;i.sonc r and orc~ercc him out in front of
the guardhouse. He forced him to st2no at .att0ntion ano, using
a club, hit him first on tho ri[l"t jaw anc" trcn on the l e ft jaw
which rendered him unconscious. U~on rogc>.ining consciousn ..;ss, ha
- forced him to statia at ~ttcntion for two anc ono-half hours. Kono
hit this prisoner on tho head :so many c1 iff(;,rcnt times in tho throe
: months. that 1:0', spo~t at th~ ~?._g!P __ ~-b-~~ - ha ._complainco t_!!a.t his hcao
,w:as .still so.r.o,..v1,h cn .he (irr1'vJC1 "irf t'n~ un1t'crStc:tos (r.;x ll) .
.
. . .As t~ S~ ecifibati6~l~l: A~out t~e miefle of June 1945 .
pri~oner Zamperirti wes placee in ~hPrfe of~ cleaning ~et~jl.
V~ en
. re repartee _to YoPo and .ta Watanabe tr.at tre ;iob was f::!.n:isrec, I'ono
grabbed a ~ara wooc~n . club abo~t-the size ~f. a basebRll bat 2nd
, ~t:a rted-. b.eB ting . him Ci'n the fc-ce, rea(l enC' . boc~ 1 One of trese blows
.c:-c:r~ckea_ his cheek bone; otrers left small bru'ises O!").. Ms re2c".
_
:yh~re was .a cfit about an inch long on tis tea~ an~ one of ~is ankles
- was injured. '-< This beating le$tec for about five miI'-vtes.
0

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(p 7 of

17,

Is~ike.wa,

Case No. 300)

. .,;. ' '. ' 7'i\"""/'r.c---1__;f~' cf-.(_o( . . :'!;il'll~{'~~~~\il.~1'.~~1\IJJ.i~j~~i#\~}4,iJ~'t;:);'.<~;\:?~i'\>

In J'uly 194;'5, ratailabe directed Kono to . line up tllis prison1

er with five 'other officers so that tbey fecec .e ach other and ordered.
therr - to strike e&ch other with th13il" fists. vatanebe. instructed Yono
to hi.t tllem . wi t.h his . rifle if. they did not hit each other hare enough.
Thi.: slastec .fo:r-about _ tenor :fifteenminutes anc . curipg tbat time, all
of them were . hit on the heac or b.a ck with the rifle several times
(Ex .12).
..
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As to f.pecification 1-rn: Abo'Ut the first of August 1945 7
Kono clubbed an American civilian by the name of f other lane. Sotherlc nd was sixty years 01aana very feeble. Kono used a club about two
. inche~ thick ~ arid _. four feet long ana beat his victim on the head until
he fell to tbe _ground. His head was greatly swollen anc soaked with
bl.~.od as a result of this beating (Ex 13).
As to Specification 1-n~ In July 1945 Yono became enraged
because- a group of prisoners inclucing Lieutenant Commander Ceorge
failed to call: attention as he passed. r=e picked up a wooden rifle
and beat them over the head with it. He hit Comm~mc.er George so hard
ttiat he was dazed, was subsecmentlY. -sick ane b.2.c__~..:, temperP.ture for
two days (Ex 14 and 15). .
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As to Specification 1-o: I~ June 1945, prisoner Vallier was
working at tb'e carbide company plant nee.r the camp. Yono beat him
with his f~.s. ts ant! a woor'!en club oh bis face anc back anc' kickec him
in the stomach for about fen minutes until he became 1mconscj.ous.
'Ibis punishment was meted out because Vallier failec to sah~te.
Valli~r, at the time Kono approachee, had tis back towPrc Yopo and
did -. not see him enter .<Ex 16).

A-s to Specificatiqn 1~12: About July 1945 an air raid alarm

sounded ana pr_e viously all prisoners - hac' been drillec as to what to
co i .h such an event. After the "all clear 11 was soundecl, prisoner
Baker heard Kono shouting for some one to report the bucket detail to
him : Prisoner Baker was a - member of -this detail though not the leader
anc he stepped outside the barracks to report to f'ono. He did this
bec~use he realized tbat ff no one reported, Yono woulcl punish t:b.e
whole barrack. At this point, Kono askec him to identify himself .
which he c1id and tole him he was a member of the detail but not its
leader. He further told Kono that the orc~er hac been carried out. He
c. . . llec Baker a fool ' and struck him across the head vii th the metal part
of a regulation military shovel. The first blow - knocked him to his
knees anc dazec him and then .he struck a seconc blow across the heac
1~,1 h,;1,ch rendered him unconscious ( 3 x 17) .
t

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As to Specification 1-c:' Prisoner Haufschulte was accuse( of

stealing a piece of leather to repair his sb6es. Kono beat him with
a piece of wood two inches in ciameter and seven or eight feet long.
The . affiant believes that Eauf'schulte received a concussion, but no
fracture, as a result of this beating ( Ex 18).
As to Specification 1-r: In June 1945, prisoner Beed was
w.alking across t parade ground at the camp. I'.on_o callee to him but
he did not hear him, whereupon Kono rushed to him and knocked him ~own
with his fists. Wh~_ le . on the ground, Yono kicked Beed several times
acro_s s the body leavj_ng scars which he still carrier at the time he
made his afficavit 14 October 1946 . When Beec arose to his feet, Yono
forced him to stand at attention until he returnee to his ouarters to
obtain a wooden aummy rifle. With this, he beat him over the head and
cut his scalp to suc.h an extent 'thBt he rendered him unco_nscj_ous. For
two months, his face was bbiised anC: swollen and for some weeks, he had
pifficulty in seeing (Ex 19~ ..,

AP to Specifica-tion .1 - s: Prisoner Fi tzgeralc was beaten by

Kono on many . occasions. He was kicked in the groin, stomacr anc about
the body fohvari'ous reasons, usually because .one of fne prisoners .rad _
done somethir.i.g that had dispYeased the Japanese. Fitzg~rald was senior
officer in the camp and was blamed for -everything that happened. Sometimes he .was beaten by Kono . merely because .he took a sadistic celig-ht
in giving such beating_s. Many times, he was force.a . to stand at a ttenticin .in front of the . gti~fra .. house beca.u se one of the prisoners hac been
g..,;,ilty of a minor infract;ion of ~heir very 1-:Brsh r!lies _(Fix 3).
(p

o.J.

7 , Islnkawa, Case

l'io.

3o'f_

a. . ,-,-:-:
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. As .to Specification 1-u~ . During th~ first week of August

1945, Kono beat prisoner Mongrain. He tisec his fists and hobnailed
boots. ' and the beating lasted about ten to fi:fte.e ri minutes. He beat
this prisoner because . he failed to salute him. As. a resu1 t, Mongrain
. was hospitalized, suffering ~roni a . stomach injury, having been kicked
. in the pit of his stomach. .The. entire surface of his stomach was
black and blu~ from this beating (Ex 18) .
As to Specification 1-v: About April 1945, Watanabe beat
. , Lieutena'nt Commander George . many times. On one . occasion, he
entered the barracks where officers - were quart~rea : anc1 singled out
this prisoner, . and !or no :reasop, gave him a pevere '. beating with
his fists. Before the end of his imprisoiunent ., ~t . tne ,' canip? Georpe's
phys.fea.J..~ co-nditiO-n, a.s a . result of prison life~ .9 f malnutrition and
. s~vere _beatings, . vms such as to necessitate his admis$iOn to tho
.sick list . He was in a V<:Jry nervous C'ondi tion; "Suffering from other
symptoms of mistreatmen'f; (Ex.. 9, 14 and ~O) .; ; '. , _... . ,
_
. As to _ s .pecificat-ion 1-w .: During the :in)nth of June 1945,
Watanabe forced prisonQr Zamperini to hold a plank wbich v..as about
two inches thick ancl seven. inches wice and about ej.ght feet long
over his heac'I. After . he held tbe boare for ab'out
hour . and was
altnost nconscious' Watanabe struck him
the stomach w~ th his
fist . This blow. forced Zamperini to drop the " plaplc v~hich . fell on
his head ancr knockea h~m unconscious (Ex 12, ?l a'nd 23) .

in

an

. .. . As to Specification 1-x: In April 1945, ;the cay of . tho

arrival of pri~oner Patton at the.6amp~ Sergeant Watdhab~ took
objection to the type of bow mace by sor'lEJ of the newly arriveo
p~isoners including Patton and Lieutenant Commanaer J. R, George,
Mcldical Corti, USN. He called a group of ten on th~ paraQ~ . g:roun<'.I
ano beat them with his fists anc a wooden rifle for .forty-five
minutes (Exi 15).

Prisoher Baker states in his ;affic"~vit that one morning .

wh,.ei; he awoke, he saw tl~rec Naval :; redical Corpsi:ien, one Naval
officer and ono Naval coctor standing at attention in front of the
guardhouse in the .ccompounc. It coulc be seen that they hac not
;Slept in ;t heir bods tha~ nigJ:lt. Among' these mon WGre prisone rs
.r'Pade (3.nd Patt~ (Ex 17}.

Two enlisted men hao stolon some driOd fi'sh.

When the

g.zoou.p ; r) .t U!'ne d to th~ ..c~mP. tl;let night, tho entire detail wa s ~~noo

'IJ~ ~t

.1il't rt ntion,

Th6 :t wo who

h~o

committcCi the th@ft trn ro cll:!C

out to the front. viratan~bo -, pickoc1 at random fiv e officers. of tho

group, in~luqing . p-r~soner ._ Zamorini and tol0 them they were responsible for . the . acts .of tho enlisted men. The seven of them V-!crc forcec
to stand' iri front
the ' remainder of the detail encl the detail was .
qr.dered by the Japaile$e guards to wan: by anc hit the seven of tho_m
tvi.th their fists :as hard :a$ they :could. The Japanc sc gu~ rd~ stooc~
by witb heavy clubs and hit any member of the detai3: _
.who dio not
strike : as hard as +.ho y. thou.ght he s.hqulc . By the time the ninctyorie mefinbe_rs 'of thEJ c'o t.i;=i.il -had hit thorn, . -they ~were in batl conC:it~on
. Afrt.q::r_; 'ttiat; _th.a grorip ~va.s . oism_J.13seo e..ne : ~Jrc mon ho,lpcc'! carry t1:2o
sevon . victims btrnk to th(!lil' bunks.; . +vio.ntlol'l'~ ~ ~s _r.i<;im'bo.rs of tl'::1s
seven who, were punished ~.ro ; Ltcutcriant Tinker~ Licutehant Hankin,
Lieutenant Kirk~ na
English officer by the nar.ie of Vfaco (Ex 21).

of

an

(p 9 of

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17, Ishikawa, ~asc No. 306)

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/'~~~C 4-__

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!i;rf~!~,~lf'IW~?!N1t~t&~~t!:~~{Jfft!q~~~";,~-.'

~k:.Jc ~L

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Lieutenant Wade states ip his afficlavit that while returning
f"'OID work on cm.o 1 o~casion, the . ~apancs-o foreman of tho working paaty
reported to Watanabe that some of tho prisoners -had stolen some food
on board a sh,ip_,. .. Watanabe asked the guilty men to come forward al].d
abou:t five prisone~s . came foitb . r!atanabe then ordcroo Lieutenant
Waae ano L;ic;qtena:t;t '1'inker to join , the five men although they had nou
been concer'.Ilc.(l ;iri :_, th~-. thqft. HE:! o:pcored every remaining man in the
working party. t;o : filfl - past the seve:n: an{ strike them. After giving
this order, Wat?!l9be . wcnt away loav~rig Kono to soo that it was carried out. Any. ma:t; who did not hit l!J,ard enough was forced to do so
again, siria f'.ou+ or five who failed .. to strike hard enough joined the
seven men bQing pun~shod and rcc$ivcd tho same treatment (Ex 23).
!I'~

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Major :Kirk states in his :a ffidavit that an English solc1ter
wa.s caught . stcal:ing some fish from tho galley. All tho prisoners
were f6fced to itand at Bttontion while Watanabe and Kono called
out tho guilty party and five of his follouv friends c:nd made them
starn:J at attention in front of tho group. The rest of tho group
wore . lino a up and each one was fore.ca . to go up and "slug" tho six
men on tho cheak. If the Japanese , g'tlards did not think the blows
. were hard onotigh, the pa_rty stiking tho light blow was forced to
stand in lino and lot the rest of thorn hit him. _ By tho time this
ended, there were about twenty men in line. Also, tho entire detail
was beaten over the head with a "ken:ao" stick wielded by Pri va toKono . Those l~nod up to be. boa ton by tho prisoners included. prisoners Tinker, Wade and Hanlnn (Ex 24).
.
_
..
As to Epecific~tion 1-y: Prisoner Cornet escnpee. Because
ho slept next to prisoner Gp.ff, Watanabe calloo Gaff, to tho parN,o
ground and questioned him through thc interpro:ter as to whether or
not he had know lodge of Cornet 1 s osca pc. . Eo - replied he bad no such
k'1oiw ledge. While talking to the interpretor, Watanabe struck him
in."tho mouth with his fists, which knpckoo out two of his tooth and
bro;}rn an,other. Ho fell to the _ groune and when he aroso, Watanabe
str'u ck him several blows on tho nose. He then forcer. h:i.m to stand
a( 'a ttention for two and orio-half hours (Ex 25).

As to Specification 1-z; After Prisoner Corrtot had been

brciught bsck, Watanabe was in charge of the group of soldiers who
boat . him. Ho was struc~ by the soldiers ~ith their fists and a
club, ~ntil he lost consciousness. They then beat him in the f~cc
with tho butts of their guns. Tho boating WC\S prolongo0 over a
pG'Tiod of f.i vc days and ti vc nights. During the daytime he VJn s
givon no fo.od except a teecupful o'f rice gruel. 1 'lhcnnver Cornet
foll to the grotin~, tho so~dici~called Watanabe} -would then beat
him until he manor.ca . to got to his feet or became unconscious.
Following this boating, ho. wcis pleced in solite.ry confinement for
thir.ty days (Ex 8, 25) .
As to Specification 1-aa~ The c~mp was axtrcnc ly fil~hy.
Most of tho men hiJcl ciarrhca and dysontory. Euman filth wcis sc2ttc:cc a
all over the staits ancl halls anc) "f)articularly, on the floors of
the latrine. It was so bAd that it ~,!as Decessary for the prisonors,
as they left the latrine~ to wipe their ~h~es on burlan sac~s. Ona
day the prisoners v11ere rocrnired to stanc" inspection by .. vl.iatanabe ari(
Kono,_ t.n unknown New Zealand officer arid Lieutenant NyraC'y had gone
-to the latrine a few minutes before the inspection starto0. They
apparently were not able.to get t~e bottoms of treir shoes as cle~ri
as the rest of the prisoner's ,; 1fhen '/ atanabG eri0 Koha inspt:ctec~, all
.t:be prisoners' had their shoes shiriec, including the two abovo121entioned,.
and no _fault was four.id with . the appearance of tho pr.isoners. _ Watanabe
t'i~r:i orcered the prisoners to hold
thoir fGE.t SO the bottoms Of .
tn~. shoos could be_ ins 'p e.c ted. _1!\'hen Wa ta~a pe anc Yoho c_q_me to th~ NcvJ
Zea.lander anc1 Nyr'.'vjy, "they noticed the filth on tho solos of their
shoe:s. They- force cl both' of _tnem to lick the soles of their shoes .
before all' the rest . of' the fallow office-rs.- Tre Now Zea lancer refus.8d .i:tt fifst ," clail'!ling his . health Pou.lo not perr'lit it but, aft (;r

up

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.,,
-- _th~y , beat him nf~w t1!ii~,s, r.~ eventunlly'comD.lied.. - ~.fter, ;this hs.pryened, they
.- forced . them to stf:l.nc}i (\. "t; '.';e.tt~=mti:on fqr nlmost tlll _ hour "while they lectured to the
- nrisoners and .t olq : th'ehi.dt was the"fi'risoriel"S-' fault that thi? had ha.pnened.
:Neither Nyraqe. rio:rz the \ }.lew ZE.a.lander were pennitted 'to snit until the- Jaryo.nese
'
had e;one (Ex 21}~. '." _ ., - . :: .. _-_ _ _ __ . _
As >to :Sp~cifieat;ion 1-bb: .In Fe'brunry _i945, :P:ds-oner Laughton was' .
given c. se vere qea~lng by Kono, :and -Wart\iiabe.. It ,had - been _report~P. that he hnd
not been workirig satisfactorily at .f.Jye f(J:cto _cy~ .. Kono o.nd WntO.nnbe forced him
to stand -outside hi's hut :i.n -t_he ~ snoVf.; ; ,T~~;Y fii!st:- fofoed hlli "to :remove his cont
,.vhich lef:t him dres~ed only in M:s shirt ; o.nd trousers. J;t was snowing continuous1y e.nd he Wl\S fof.'ccd to_sto.nd in. tb.i,~ ;tnuhner' from 11,3Q.-h'o4rs until i830 hours ..
At that time, he wati;_ cnlled "t9 the -~oprwa.y -o:( the :Jo.po.rlese qua_rters by We.to.no.be
w.ho beat him over the head with a Jn?tmese bamboo -training sword. After a.bout '
.thirty blows, Wntanape hnnded the sword to Kono who continued to beat hir.i with
i t untH eventually it bro!ce. Kono 1!beh. . ~rdcrec:i. him bn,ck where he had been
standing in the snow nnd left .hir:i stan,<ling there ;for about thirty n1nutes. After
this -time hud elo.psed, Wo.tunabe cull~d hi1:1 into his -office and once a.go.in charged
hi>n with not working _n:--operly. He ri ro:r.dsec1 Lnughton that, unless he admi ttcd
the chc,rge, he would force him to stnnq iri the snow o.11 night, which would
ryrobabl~r kill him.
He stated ;that.no questions would be asked ff Lnughton died
because his death could be
ttcm off" as cau~ed by pneumonia. He further
threatened to :nlnce him in the gardhouse fo,r _four days without food, clothing
or water. Lnughton expl::\ined tho.t he did no,t ~nde:rsto.ncl why the charge wo.s ,
brought against hiP1 an0. he was orderec~ ago.in to stand in the snow. Kono, o.t
this 'Joint, beat hi.Pi. over th'e heo.d with a wooden training- rifle nbout fifteen
times. As Laughton slip".lcd :to the ground, Kono continued' to bent hif'l over 'the
body.with the wean on. He was-. ordered t6 stand anc1 the charge was once again
rer.c1 to him end he wns th~l'l. dismissed. The beating wns so severe that he felt
the effects of t t for C.T)")roximo.telr two weeks. - He wa.s forced to go to work the
day following this beating (Ex 27 )
0

"vd

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'As. to Specification 1-cc: Prisoner Lee states in his affido.V:it that

nris'?ner furling di.snlayed an indifferent attitude toward -the Jnpnnese 8.t the
.f'.o.c-t;o~' '!'lnd \vo.s punishec! by Wntunt>.be nnd Kono, together with other p riso.ners,
including prisonersChn:i~cm, Collins emd Walclrnr. The:r were beai;en severely
o.bout the heuc1 and body with clubs o.nd fists ror nbout o.n hour. - Prisoner furling
sustminect a broken jnw nnc1 blc.ck eyes. The other _men sustained slightly lighter
injuries. This occurred c.bout June 1945 (Ex 28)
PriSoncr Firth states thD.t h.; wns subjected to n s,evere beating by
Wntene-.be me~ Kono in ea.rly 1945. He was c~ttncked with fists and boots nnc~
used as n dun1"1y fo-r bo.~ronet treininG. The four others who received the so.me
T)tmlshmcnt nt thc.t time were prisoners B 1Tling, Collins-, Chapmnn and Yfolcker
(Ex 29).
1

Prisoner furling ~tntcs that in June 19l6 he wo.:s, with four others,
- c_nllec: out in the , evening nar0de" o.ncl beaten 'by-'i3'6rgeant Watcmabe. One of the
blows fractured '1118 jaw. '\fotrmnbe insnectect t-he'ii a.fter he conclude(~ his o.ttnck anc1 then ordered Kono to give Burlin[ a. .ffa'fthcr beat;.ing with o. short __
wooden stic!{ c.bout one ::me one-half inc!ws in din.'l".'lctcr. The first blows the~ t
Kono infli'dted oause0.c, cut .over his ev e s . Vlh'cn blooc1. rem fro~ this wounc!,
itcv_jclently frighter.ed hi:"l b9ca'-1sc "hc-.ccc..~~O t'o bec.t BurHnis sh9rtly thcre8.ftcr; An -).neriQc.n c1octor
.the 9r~~? "'set_ .Bvr~ing' jn'w. (Ex 30)

in-

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:
. Prisondr Chcnmc.n wt.ates tl~nt VfbtnnO:b~ o.nc1. Kono. severely 11unished hiI:i
enc' ~ r':isoncrsatrling, Cx51Ttns'.;- Frtf:i:-"~n:~ 1Netlckef. _for -conduct tp the .'!J re.judice
of +;be Jnl)aneseL1Hite.l;,~ disci?li:b:c. Th_ey'w:cre . acp~sec :.of laughing nt the
'. Jnn~nesc foreI'l.a'n, Ko.kir:io._ ,A.ft.er; Kikino hnd reported ther.i., they' were crc~crccl to
go to Japancse qu6.rterp1.v1h~re ~hc~r: ,,;1e~9 _O.lf. _kn-ocked:, dtrvrl'i ajil:l. s97crely be_c .tcn
. with- clubs by the ; two Japane~e t\boV;cr1,'bnffob.e(~' . After the beai;in:g, -they were .
; forcd:a
stfi.nc1 at ~tl'ention fo'r t:f"r(j;e hou'rs: ,a:vid' .thbn :L';l."U.eMo.tely. put on
_
fbtrrteert hours work shift withouf.o.fi'St rc~t~ _~url_in~~:s 11st::i.ine~ c. bt9ken , j _uw.
- ,a~d-yms ncb'1ittcd to ~he cr.."'T'J_ hos-pitpT for scircra)l. " diiyg- (~31}. - _-- . : ~
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As
$r)eai~ic~tion:-~~0d: -'Priso.n er Jonathan Bethel states
---. that Watanabe - b~a.tir, )i!\im on his - head . sevEr~~1 times with .a wooden shoe.
_- On one occasidn;:'.j){:f~'.[iinec'i up every 6,ne for inspectj on enc when he
- CliscoNcrecl t!l.a\t QJ:1e>~ $inger of BetheT' s J ane 1.\'C"\ S riot strait:ht, he
beat him with'-:a woo._dd n shoe until he became unc-onscious. Kono
frequently bel:i~ :13~~-hg'l ebo.ut. ,the - heao anC' fa.ce - with .e woocen shoo.
Also., he useo .a: ~F~:;:;,bembo9 . stick .. _ At one time, eighteen, inclucling
. Bethel, were ?S~~~t'i-~.~- to wash the clotntng of ~.11 the nrisoners in
- camp. .'When some , :o:ft--1;X.;t -was left unclone, Kono lined them up e.nc becit
a 11 of them 'o n. tti~')nead until they became unconscious (Ex . 32).
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- As to Ppci'~if ica tion J:-~:0: _ In a bout ,April 194 5, prisoner

Po1'ter broke a ch;i.>B orinking vessel. With a number. of other prisoners, -he was lin9dt up- on the para.Ce ground in the snow by Vla.tanabe.
He then hit each nign with a wooden rifle. He struck Porter seven
times in the face '.li?ef ore he k.nocked:' him cfown. As a re.sul t, Porter's
jm~ was "splintere:a. 11 . After the beating, they were forced to stanc1
in the snow for cm'i te .some time (Ex 33)
As to _nec;ification 1-ff.: Prisoner Gustafson states tbat
he Was beaten w1th ; fists and club by Kono. , However, Watanabe and
the fueoical sergeai.t were likewise res.nonsible. The club was about
four feet long -. and !three inches in di.ameter. Almost all of the beat"'"
ings were ~bout the head and face (Ex 34)
\

.I

As to Epe6ification 1-gg: Pris;onoI'. Larson was apprerended

for having ,in his possession soma soybeans wh) ch he heC' obtaine0
. v.; 1i.J.~ ..unloading a q~rge. He was plac(jc j_n the guardhouse vihore J:-:e
was beAten .nightly ~y Aoki and I\ono who usocl fists. and "kendo" sticks
(Ex 35). Prisoner Hiddons' affidavit states thet Larson _was required
to stand at attenti~n in tbc open bofore.the guardhouse et least
all of one night ~n' spent his nights ::1.n ~h~ guardhouse .therf'.after.
Two or three evenings later~ Larson vves viciously be.a ton by I ono
forrnp:proximately throe minutes. The -bcn:iting wa-s celiverec a.cross
;t _h e small o.f Larson's baci,- wj_th e. bayonet 8nc a scabbc:ird. ~\itb each
beating, Larson's screams were ' heard by camp prisoners. Ho - was incarcerated ~bout8 August 1945 and rcloasec about 15 ~ugust 1945
(Ex 36).
.
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.Prisoner Fitzgerald states _that Larson ~as beaten by Kono,

Aoki, th_G Japanese medical sergeant anc1 the guards on duty (Ex 3 7
also sup~orted by-Exs 5 and .27).
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As t~ Specific2.tion 1-hh: , Prisa.n or Fitzrerl1ld ~tatc.~ -t hrt

he s.aw prisoner Sheetz, who had been returned to the. _ce,mp.~ _du:inng the
smnmQ_r of.:1945 because ho was sick, given a most severe bcatinp v!i th
fists by Aoki. Whan Sheetz lay prostrc:itc on the grounc1 ~ ho v.r2 s
severe1y :kickod about the body. Aoki states Sheetz was malingorj.ng
in order to avoid work (Ex 35)
- !

Prisoner Polousky states that Kono administered a

beeting to rrlsonet Sheetz. Tho weapon he: usod ..was a club
beating l~stGd about half an hour. Every ti~e f~aotz foll
grou:qd, Kono threw wato'r on hira~ so tr.s.t l:o coul0 arise to
m9re pun:). shme nt (Ex 10)
.

r..

severe

anc the
to tho
receive

- Pris:::mcr Mongrai~ stat u s that Eono, on on.o occasion, boC1t

Shaotz because ho ~as 2ccuscd of staaling fooc. Sheetz was confined to the hos.pital. - Morigr~-in clic' not i -nov1 tho .o){act._in:juries Sheetz had received but:bolicvoc thoy cons.isteC' oLbrokc n _
bones. Sheetz was b9atGn with 2 piece of v1ooc1 :two inctCJ s j_n dj amo t c r
anc1 seven or -eight foot lqng for et ,Jc2:st twenty minutes. He was
beaten al_l oyor h_is bocy' '? he. ~ fto r re }1ec revJ. vcd nim with wa:t .o r' be
. again beat him int~.J unconsciousness. TJ: is h~pponoa s c v e P.?l tiino s
. (Ex 18)
--~~isoner

- 1

(p 12 of 17 , !shil':e.vm , Ce.se No - . 300)

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'1'5

Prisoner .An1,:rews states that on or about

June 1945,
prisoner "Shea'tcJ:i!'!.<w~ s beaten for about helf en hour by Kono. Ho
was beaten contin'\16\.i~ly until he lost coriscious'i:icss, c:md he was than
revived and beate~:-again. He was then confinec to the guar0houso
(:Ex.26) .

: :

- ::-I~o~o~;

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::'' _): ,
a
nicknamed by tho prisoners as "Babe" ona a
c.ivi.1i51n : g.uarcl \ boat ''"'prisoner Sheetz one pfternoon in July until his
eyes were ..sw.0l~on shut ana he was blooding from . tho mouth and rondo rec
unco nscio.u s . :. $ hee.tz was supposed to have stolen somo broe0. This
iS the statement:mede by prisoner Castor (Ex 37).

As ~tq> ' Sp~cification 1-ii: In June 1945, 1:rn inspection of

was . held . Among the : inspecting party was Aoki. The ontJre, inspec,ting group had bean. arinldng ..ill and wore intoxic0tocl.
Abki slapped prisoner Langloy 1 s fac~. L~ngley thou~ht he was about
to slap him again and dodged 'in order to avoid the blows. This
.am:iarently . angered him 9 and he.-. romovccl his wooden clog nnd bef.1t him
on the mouth with it. This causod
damage to. h~.s front
teeth (Ex 8).
. .
.
prisoner~

.....,,_ : _

~ --

~"~ ::. :--~'

.. ..
As to Specificr.iij.ori 1-jjc~-. In July i94.5 9 Privnte Cornet
e';;Caped from ' the camp. Prison~r Peros tole the Japanese that he had
ssen Cornet in camp around 0~30 . When ho ~as captured, Cornet told
them he had loft the ce.mp about 0330. Pores was callee in and accused of lytng. He was taken in front of the cP.rap headquarters arrc1
wns bee ten at the: orcor .of Wate.nabE;. Kr to beat him with c pair of
ma~ino combat shoes.
Hc i hit him across the mouth nineteen times
and knocked out or broke off sev0n teJth. He hit him thirty-four
times on. each oar. One of the prisoners who was watching counted
.th. blows and informca him. pf the ,number of blows . V:ihen ho wns
knocked to his knees by _Ketg, ho wes kickoc in the testicles and
in tho stom~ch~
'
.

. ; !

. "~
As to Specification 1-kk: Tho . ovidoncc is roplot6 with
te-S'Mmony indicating thnt tho prisoners of vn~r were const~ntly
'bo~ten r.nr~-.brutally mistruatca . by Kono~ v:ratanabo and Aoki.
Thay
woro' boattJn: with fists,, clbs ,. :kcnco sticks' wooden train~ng rifles
and ; witb anything the.t: vm~ at hane. When thoy woro knocked to the
~':r.oundi, 'they::v.J'3-ro, kicked and,.- .who:n they wore rcn0eroa unconscious,
they wore rovivca by moans Di' hnving vn:1tor nouroc on them, only
to be forced to arise and receive more mistraetmcint (Ex 1, 4-10,
12, . 13, 15, 16, 18, 19, 21-.23, 25, 28, 31, '. 32, 36, 37, '3S-45).
b. - For tto I'of.u nse

YC1tsucl8 AsF'.buro st2tcc' in t'~-. s Affj_(evjt tY<t }-u c.rrivcd

Be stP.yc0 tho re for C'!bout two months.
Accused was tho comman<Bnt aurinp this na rio{. ~ hen ho Prrivoa
the prisoners wore working in tv.Jo tw.elvo-bour srjfts, but ?ccuscc1
-cbanped it . to throe stjft~ on Rn e ight-hour brsis to reduc e ttc
pri.sonor' s working :bovrs, /..ccuscr" ofti..Jr_ r ~::oucst(.~ c the compPnie:s
t'1 , $U-~?~Y .o x _::J,!i f;o'"' to the _ c0mp ":'n( tf ,; 1ffirnt J-.C!i:'.rc: th0 t the y
supplH.:, SO:r.1 0- .foo\.. ~.!.:!X P..) . ' "'
,')t .the cnmp -1 July 1945.

Yesuo Uono stqtc(! i!'. 1-is Pi'fi0f:".vj.t trrt, bccc-usc of _

P nc" 12 rgc con~rnription 9 vcg ( tci blc s ~, n r e ext re: me ly short.
-Accused. c::i.1-l od the pffjm1t !->nc" rf!pr .::sont::otivcs from rbout sever,
vi~.lag Ei-S <.inc b!"0 ,, conforor;cc; concorninf 8 btJttc r supri'!.y of v c gc,_ ..
:trible s for tbo prisone rs. f.. pl2n ',7PS {'r' optuc wlic r oby t:hc nrisone; rs
scc~ui(- mo_rc vog c tr'Ibl.J'S . tbcn they nrc 9rc viously (Ex B).
~ , !.

-.CllllP 11 ~ -a,r-'..Q1@'(.'

.
,_ . .:A~rn. tC' ,ro I(ttsr:krb~! st.<>tc s tr.."'. t e"cc'l!i.scC' 11'1.<;(Q ,l1j,s bc~ st
efforts . .fior ..th o wcbf,8to of .tho prison:crs of VJ'='T 1. :2(i.r1c-s [' mnn of_
kincndss --rinQl,,sympethy. In Fcbru".'ry .194~-,- (u:r:-inrr rn i~fluc.nzp on ~ c'lcmi.c, bG t',orcQ-c1 c>ll .'tho .prtsonEs qfv1rr -to r c st. . . . Vlr c n th"J foci(
,sttu,n t'ion ijrt_-;J8p?n r1c:-s cri ticPl re mri0G .c; fforts to secure; fooc' for
(_

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13 of

17 , Ishikf'wf', C['. sc no. 300)

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tre prisoners. .ff~fh$ent men to the heighboring prefectures, suer ~s

l\Tagano 8nc" Tachug:+iLto obtain fooc. Fe was l:ept busy in foing ont
tc E?ecure foo(L. E;~i maC.e the CountJ' Agrfettl tura 1 As socia tj on supnly.
vegetebles for. the:,\~.-prisoners. fomet_ime in May, be rer:uesteo tf>e
comp.a ny to f:br).Jstn an oven for baking breac for t:re DrisonerE". A
new one was m?!{$, f 'o llowihg _the snec~ficatjonE" given by - tl..,e prisoner~. -Ee obtaf.p:ec1 :workj_ng clotf!P-s for _
tre p:d.soners from the co~,-
pariy . Ee wenil~it9 'the FJber Bureau an<' obteinec rations . of clothing.
Fe recucecl the !~~warking shifts from two to tbree. Ee iPrnrovec the
ca.mp by ~cci. ng \~ r~Pa. ir shqp, cispen. i:ery, l:ving auarters, ki tcten
a.nf 1atrl_ne. i\+l tte expen se therefor nas sharecl by the company
tjsi n.-g. tbe. nris.ffe'? rs :or ~r-.1a r. He obtainef! medicines ar:>c vitamins from
. tte , compf!ni~s f'qr the pri~oners / He warnec his subbroinates not to
mts:t'reAt prisorl6(;rs
of '.war
(Kx.C').
..
.
,

B$njuro Katd~i~t~d in ~is affjfavit that .be workef

at the camp fr6m 19 Decemoel" 194:2 . to 6 f.epteMber 1945 as a civiL an
guatd. To cope ~ith the critical foof siturtio~ in Japan, he rcdtod
ah6ht 'one acre of land anc plabtee sweet notatoes. Ee _refucee the
~or~,ri~ . hou~s of' the priibncts from t~o sFifts to three shifts. Be
force( t:tie pr.isoi:1ersfo_rest.'(U:ring an jY"lfluenza en~(emic. Ee SlFlplerriEfri~ef sb6rt - ratiotjs hy reauest~ ne the comp8ni~~ to SU::'ply extra
foods fo'r.the, prisoner's~' .To '"ease the cr6wcer s~.ttl~ttion~ he ac'cec
new bar~~cYs;~ispebs~ry~ e~aMinPt~on rooM, ~enair s~on, Yitchen,
lc>trine anc other bttilring$. 'Ifowever, before this ' program coulc' b~
completec the ~6stilities c~asee. He raisee fucks anr hens anf kept
?O~ts in the camn to ai~-~ith the fooc situation ( Lx I).
.
.
.
'

:-

. Tokn~i Hon.ma sta'tiet he serveC: es a civil:an fUarc at tr'c

camp from I~6ember 1942 to-f~ryt&~ber 1945. Re state( _t~at (Urinf
accusecl' s successor's peri6c1 . at''t:he <famp tl'~ ere " were 60 ceatJ"'s, but
ohly one pri~oner dice dutirig ~-~ousef's tour of euty. Ee mafe e
great effort . to improve the' corici tions in tbe ca.rrn. Throuffi r7 s
efforts the C'C:mnty Agric1Htural AssociC1tion sunn:Uec vcfet'ables
. for the prisoners. Fj_sh was rationed by the '!refectural rovcrnrncnt.
Throu~h the-efforts of ~ccusea the camp obtainee an even . 0istribution of" fish;throughout t;he .. y.oar. Fe raise(' fO'Nl an(' go8ts in the
camp in ore er to f'ave milk' for th8 sicl'. pr:! sor:.ors of V'B r. Le cipenec1 .
a canteen in the camp and the prisoners were ~ernittea to purctasc
goods thereftbm~ . Pe urg~d t~e companies to su~ply extra foo( for
the prisoners. 'T.he com:pan:ies hae no oblip1U.on .t o co so, but trey
coopera,ted . Uneef' "the Japanese regulation, the officers' stBplc
ration was 39q grams, but accused issuec 705 grams to all Drisoners
inclnc'linp: officers and enl:..stca men. He obtained extra ~. ecicincs
for then. Fe forced thorn tb rest (nring t~e jnfluenza euifbnic.
EJ adced newihUilfings to the : camp~ ~he effiant states irat he
.
,uitnessea several boat~ngs of tbB brisonors by Sergeant Wetacebc anc
Priwite Yorio, but the beat:infs were R(1-.1in:Jsterec' while trc accuser
was not 1Jrescnt
Accusec often 1rarnec' they'. not to beat nrisoncrs.
Ee WPS vet'-? C'ii:lgcnt abo:p.tr:s cnties ai---C. c'-:.c1 not taY:c his Sunc'eys
off. He c2mc to tre ccr11" ever~, ee ;' C.x 2)
'
Yato ~bichiro state~ j_n tjs affiC:svit ttat hc .. workeC: \
at the ce.mp from l~''Aufust 1944 to 6 E:ept'er11bcr 1945 as <a_ civilian
guc=irc. The centecn exj ster .whil8 'Lieuter.ant Cta '.: as '!Te CO["l.J':anoer
bti_t it was . not .fu:nctioning as'' a canteen; Y.ben eccuscc, c2Tno re b:;e;Eir.
tto operP ti on of ttie '.c:eriteen. It 1'1a s Ol)cn e ca lly to nri ~.one rs of
war wfio were officers ... arrd onl.istcc: Mer. _l'cccuscc' nut fortr his bGst
efforts ior imnrovinp the living con0j t:rons. ~-n the camp. ED:, obto.ir.ce
extra f oocl fr on tbe County Agr-5:cul turii l -~ s sociP ti on. Tc ohtpj n more
fcoe accus6d orRnnizia an association 6f ~erc~ents an( thjs effcctae
,a' distr:ibution of f{st; to the uni ts pr0Dortion2tcly to trc str~Tif 1tr
. of the uni
He a iso planned . a soif-sv.npl~, of vc ge t,ci blG s rca r t ~e
CPmp for .the bcnefi t
of tbc nrisono rs u~x F)
' , . ..

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cp

14.of' ..17, Isrjka''! 2:r Ca-sc -~o. ?OO)

.

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Accused ih his affidavit states tra t he was commanc~ing

officer at the camp from 23 January 1945. Be states .that he ha.c' no
knowleflge whatsoe"ver -of any of the $lle--gatjons .of the cl:aj~ge 2nr the
specifi6ation~ against hi~.
He heither witnesse~ any of the ev ents
nor was he ev~H' informed of them. His attprneyp pad informec' him
t"ia t' j_n spite . of . his ignorance of the offenses' he v~as technically '
guilty of tbe~ because of his positiori as c2~p commanecr. His responsibility in such position was thb basis for his inte ntion to
enter a _pioa of guilty to the charfe anc specifications. Prior to
_h is arrival at the camp, conditions "'ere c'eplorable. The deatr rate
was appalling ; Ee a~tomptGd, to the best of his ability, to make
. life in this camp . livable for tho prisonc rs. The senior prisone r
of 'rv~r officer, Commance.r Fitzg~ra.10, f:t all times v~ as porrnitteC:
to bring any protests or complaint's to him, but neither he? nor any.
prisoners, ever presented anything of this ; nature to his attent!on.
Immediately after assuming com.mane', acc'l,lscc stated tb.a.t he instruct oc
his subordinates not to mistreat tho prisonc~rs in any manner whatso-
ever. He consciontiously believoc that bis o.roers woro boj nf carrioo
out. During the time he was conunRndor of tho camp there was l~ ut one
r'eatb among the prisoner pop11latfor:i~ anc1 he was informec by tre prisoner of war medical officer that tr.is de~th was cue to nttural ceusos.
In his absence from the camp tho duty NCO ha.Cl complete chc.rgo. Accused inspected tho prisoners at tho site of their work at loast
once a week and talked to them. He usually usec company interpreters
and received no com"Olaints. He talkocl to thorn about their fooc1 anc'
working conditions ~nd they all seemoe ge nerally ~atisfiee. He - inspqcted the infirmary once every three or four ~~ys and modicel
orderlibs mace a daily report to him. Thjs report was sjgnaa by
the prisoner of war medical officer. He was nevor informe d that
any patients had been adMi.ttec because ef mistreatme nt anc thero
was nothing in the reports to so indicate that. Dtiring tho time s
of emergencies, such as influenza opic~emic, accusoo_ chocko c t r.c infirmary several times a day. To further supplement the fooC: ration
he c_onsulted with Mr. Ueno of the County Agr.icultural Associr-t~on
enc made an arrangement to obtain frosh vegetables frorri ton villages
U'1Cer +:ho As soc ia tj_on. . He further orgci.nizac' an a ssociD t: on . of morc.nants to supply :mo at c.nC. fish to the un j. ts in the prisoner of war
cam-ns. After the a ssocia t j on was f orrnoC1 ho snccoeccd in hav i ng the
r'lercri:mts supply fish and mctit proportion? tcly to tro st;rc ngth of
eadh unit, whj~h a utom2 tically moent that the prisone rs woul~ be
furnished more moat ane fish. Throu ~h his efforts to obteinc~ rnoro
food, such as veg e te.bl o s ai:C' mcc:: ts fror.1 t _h c .c ompBnics y1hcre the -r,rj soners were cmploy,cc. The co:'1l)3rl~ ( s hac1 n~ oblii: 2tion to supply such
food. The medical suppli : :; s .wor e ne ve r ac1 ei:'uate as furnished by the
Army and accused took it upon himself to purcbas c acdi tional moc~ ical
supplies from tho pharmaci c ~ 'in the cj tics of Takata ancl Naoetsu and
also from the Joetsu e.nc1 Funato Hospitel. This involvcc a r10nthly
disbursal of fro m thrcG to five thousP.nc' yon wbich the accuscc s c curc c
fr.om the .companies employing nrisono rs. Ho ke pt fiv e gosts in tho
camp to furnj sh milk for the sick a nd co ~1v2lcsc o nt :.iris one rs of wc01.r.
Acditi6m1l milk was nurchasecl continually fro "1 s c1 airy jn Naootsu
f -o r ..sick 'prison~ rs iP:t. we r. Unclcir the Ar-; y rcgula. t ~ ons sta plc food
rPt~ons for office~ amount c c to 390 grP MS but accus e ~ was able to
give them 70?. This w2s partially due to the fact that t:r~c offic e rs
volunte ered to wo'rk in the garden. For t he conve ni e nc e of tho pd.so.ners ,he opened a c.qntccn whe re the y coula buy e xtra fooc. Ee ri oc~ c
arrang9men~s 7Jhercby the prisoners hec an opportunity to c n:e.gc in
ba sketbail vollcyha 11 c:mc1 quoits. In tb c summe r the y 1pc rc i'.J c r.~j_ ttcc
. to go swimming. On sevc rc>l occasions .h e .hec mus:Lcf.'.l concc rts for tl-i e .
pri-soners. Ho w as instrumenta l in h2 v ~ n g ;scditional 1-.uilClings o r cct c c
jn the ca;-rin and instCllled a new 1ijator systemo . In July 1S45 he r12s
able to cff o'ct a cr..: ange _in ~th e workl.ng tiours for the prisone rs. Accus-er1 st.atcc~ the t ..ft wa s. wtth ccc,p9st regret . t~e.t I-ic _hcarc' of tf1e
fu istrcP.tment of prisoners by his suborC'irn,t0s 9nr ho apologiz e ( to
tro Allied atithOritie s .H9, llli'"i.j. sc, hnr: bly rcouc'. sted to cc>ll to
1

(~

i5

of

17,

Ishikaw~, Ca~a

.7 /.

N6; 300)

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,:

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.

tte attention of the Court that t:re acts of wh~1 ch he was cl-:ergec
. :were acts
of omi:ss~pn
.
. . .. ' rather thctn cbnunis~ion (Ex C). .
.

./

On' th~witpess sta~C', the , ei.ccusec" statec tl1at conc"itions

at the ' camu were bao : before he caMe trere. He c'if. not bear about tbe
reputation of ~Vifbtanabe, Kono anc Aoki when he came to the cam'!). Dl.1-1 i.t').g his entire stay at the ca!Tlp he die not learn about their reputa. tiohs (R 23) . -- Turing the t]me he was at the camp he v1,1arnecl his sub------:orC'inates t~o or th~ee times concerning their treatMent .of prisoners
of war (R 24) . When he assumed comme.nc:l of the camp re '~as tole
tr.a t from 1943 . to 1944 the sick rate was hi.gh among the p:ri$oners,
that t~ere had ' beert 6o C'e2ths and that medical anc sah j tat~on conditjons were poor. : He was sent to the camp in order to try to improve
conditions anc {~as tole to be very careful t:bout SqDitation an0 fooc . .
At triat time he receivec;l no informatiqn about mjstreatrrient of prisoners at the camp. Ee di0 not I".ecedw. Einy c'o mplai'nts fropi the senj or
AllieC' nrisorter
of war (R 25).
~!liherthe
arriveCi
at the cDmD . he was.
,,
.
i
.. "
.
under tfie itnpres sion that there r.'ac been no f.listre~tment of ~:id.soners (R 26).

Evidence introfuc~a by th prosecution that has to do

with mitigation concerntng the defense 5 s found jn Prosecv.tion
Exhibit 14:
"Q.

Please name qnd describe the seconc-in-comrmnc'.

o

"A. I recall neither his na.Me nor his niclmame, but I

hole him more responsible. for the beat::. ngs than tl::e camp cornme'nc'er
himself. r se.y this because I tb n] c t:r.e seconc-in-cornn'!Rnc hac1 the
er.imp . commander ,, buffalq_
e d'. He encourage( the camp COJ'llrnanr'er to
take a passive or indifferent ett:. tu(e wrj le >e (the seconC'-in
. command) controlled things an '1erFl~ ttec the beatjngs . . I reali'ze,
of course, that the c ~m p comman~er was respons~ble, for . jt ~as his
bu:s ine s s to know whn t WE' s E0 ing on. II

4.

Opinion:

~
The recor~ is legally sufficient to support t~e firttjngs
of the Commission. E'ac-h allegation, except as will be hereinafter
commentea on, of the ch~rge an0 specifications of VIJM ch tl:e accuseC'
wa~ founa guilty, was substantiatee by a~ple enc competent evieence.
The Cornm:ission was constitutec by T)roper eut:rority enc' had jurisr'iction of the eccuse~ ?nc1 of the offenses alle~eC'.

The prosecu:t.ion intro'c3uce( ~v~ C'ence by F.ffi C'avi ts of former

prisoners wr.o -har" been :interned in the ceT'lp anr: knew .the fects of
th.e m::itters in issue. From such, t:re guilt cf tYe .PJccusec rras firt11ly
establishec, except es is ciscussec in the next pc:i:rB5rep1'.
Unce-r Specificatjon 1:-cc, it j.s allegec tJ-pt l'.ono enc1
Watf.lnabe beat: P.nc otherwise abuse0 i ; arrant Officer Cha !-)man. 1 t
appei:lrs'. from the ' ev~ence submltted trat only V1atnnabe Y.'BS the person
w'bo a bused the victirn '
_ .
The complete record s'hows th:c t the eccusec~ hG-cl E fair tr:: al
e 'ld . that he \11as renrescntea ,.by comrietent counsel. H~ took the st::>nc
ailo introc'luced : aff i cl a.vi ts in bis 01' n b~ihJ lf. A careful scrutiny of
.

the entire recora fails~to reveal any error which injuriously eff~~ted the substential . rights .of th~ eocusef or any f~ilur~ to nccora
bjm a fair tr5al in e-very respect. There is no evicence thc-t the .
acciuseawas not sane et the t:lrne of tre corunission of the r:llege0
Acts
. enc -at the ti'me of the .. tr~c:il.
.

..

' "
.. -: L

. ( p 16 of l~ Ishikawa, C~se ~o . 300)

lt:7~-~: ~L~

r(_- . .

; . ..

'.

. . .
. There are no 1etters of cJ...emehcy from any member of "-the
.. Commission
from others.

or

. . The '. c o mmiss.ion sentenced accused to confinement at hard

labor for four. years . The sentence j:s lega. l.

It is considered that a sentence of foti..r yee.rs for 37

sub-spectfications of command responsibility woulc be grossly inadequate. Under ordinary circumstances. However, tbe evidence di vult.es
... -.. . :f;hat the accu~s~d . did not know, hor cl id he suspect .that the many
Offenses 1ii7ere being comm.itted by his suborc1inates. It j s obvious
. . that the Corrunission considered the many . good de.e ds that , the accused
performed on behalf of the prisoners unoe.f his charge i~ arri_ving
at such a lenient sentence.. . . .

It is recommended th!1t the findings .ns concerns Yono's

acts, tmae r Sp~cificaticn +.-cc, l;>e disapproved as there appears
to be no 8vidence to suppor;t" them. In all other rega rds, it is
recommended that the f _inding s and tho sentence be approved.
The accused was confined 16 November . 1945, ,went to trial
23 Ma.:rch 1948, and was sentenced 24 March 1948. It is further
recommended that twenty-five (25)' months of the sentence so imposed
. be remitted. Sugamo Prison, Tokyo, ~onstu, Japan, is the appropriate
place _of confinement.

6. A form of action designec'1 to carry th.is recommendat~Lon into

effect is attached hereto.
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PAULE. SPURLOCK.
R~viewer

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Juage Aavoc i te Se~t i on

I concur in general. In tl!:!.8 .case . trere wa s a fUilty Dlea.

proof of the alle gations un<er fp J . ~cc i~ consi~eref to he
vf sufficient strength . to ~upport tr.-.e find .:\ ng.

~be

.ALLAN R. B"WVII'-'E
Lt Colonel JP.GI

Army Judge AC'voca te

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('p 17 of

17, Ishikmva, Case .No .. 300)

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