Witness Excused) 19612

9 APRIL 194?

INDEX or WITNESSES

Defense' Witnesses

TANGE, Kunji 19596 Direct by Mr. SOtllYA . 19596 Cross by Dr. AO 19604 Redirect by llr. SOMIYA 19611 (Witness excused) 19612

ARIMA, Narisuke 19613 Direct by Mr. Roberts 19613

MORNING RECESS 19615

Direct by Mr. Roberts (cont'd) 19616 (Witness excused) 19616

OYAMA, Ayao 19616 Direct by Ur. BANNO 1961, Cross by Ur. Comyns Carr 19628

NOON RECF.SS 19636

Cross by Ur. Comyns Carr (cont'd) 19639

AFTERNOON RECESS 19659

Redirect by Mr. BANNO 19660 (Witness excused) 19662 INDEX Of WITNESSES (cont'd)

Defense' •v itnesses 19664 \'TACHI, Takaj1 19664 Direct by Ur. HAYASHI 19670 Cross by Hr. Tavenner 9 APRIL 1947

INDEX or EXHIBITS

For In Def. Pros. Doc . t?escr1pt1on I dent, Evidence No . No. lfo ! 19599 926 2422 Affidavit of TANGE, Kunji 19617 897 2423 Affidavit of OYAMA, Ayao 19665 869 2424 Affidavit of VIACHI , Ta kD j 1 Wednesday, 9 April 1947 1 - - .. l

3 INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST Court ttouse of the Tribunal " War Ministry Building ' Tokyo, Japan ' 1 The Tribunal met , pursuant to adjournment, 8

9 at 0930. 10 ---

11 Appearances:

12 For the Tribunal, same as before.

i; For the Prosecution Section , same as before.

14 For the Defense Section, sAme as before. l' - - - 16 (English to Japanese and Japanese ;-> 17 to English int erpret~ti on was made by the 18 Language Section, IMrFE.) 19

23 !4 l' I__ 19,593

----- }J UAR~HAL O~ THE COURT: ThP International 0 t r Military Tribunal for the Far East is now in session. B 2 c THE PRESIDENT: Al l the accused are present 3 &: Fxcept OKAWA, TOGO and OKA. We have c ~rtificat e s 4 VI from t he surg ~ on of ~ugamo Prison t o t he effect 5 "'1 that thP accused TOGO and OKA ar e 111 and unable to t 61 attend th ~ Trial today. The certificates will be 7 l r ecorded and filed • • 8 Ur. Lazarus. 9 LAZARUSs Mr. Pr o sid ~ nt, I am the chair 10 tm. man of the Chines e phase which wil l follow the Manchurian 11

12 phaso, and of tho Russian phase whi ch will f ollow the

13 China phase.

14 In the inter est of saving timP in the

15 I pr e s ~ntati on of our evidence , llr. Pre sident, I r e- ' 16 l spectfully as'< pf' rmission to make a suggestion for 11 a slight change in the present rules of procedure . We 1s 1 think, s i r, that it would be bost if we could have ,

19 wher e poss ible , an A m ~ rican counsel to r ead the affidavit

20 and t o have a Japanese counsel conduct the r ediN~ ct I 21 1 ~ xa~ ination if such may bo deemed nocessary. At 22 I present, whoever conducts the direct examination mus' I 23 · also conduct the r edirPct examination. In other words, I 24 the American counsel r eading the affidavit mu~t also ll 25 \ handl ~ the r edirect. We will; if necessary :;ir, designate , ------19,594

- - both counsel in advance , if the Court so desires, wijo 1 will con~uct the dirAct and who the r edirect. 2 THE PRESIDENT: Why is it ne c ~ ssary, Mr.': · 3 Lazarus? ... 4 MR . LAZARUS: We think the suggestion would save time , sir. If an American counsel r ead the 6 affidavit he could r ead much more rapidly and the 7 Japanese could be r ead over the intercom much more 8 rapidly by the translators. 9 THE PRESIDENT : I see. 10 MR. LAZARUSs Also, sir, the qualifying of 11 the witness can be handled much mor e r apidly by 12 an American counsel and the r eading of the affidavit 13 could be followed much more easily, we r espectfully 14 suggest, by the Tribunal if it wer e r ead from the 15

16 l ectern in English, sir. THE PREEIDENT: The Judges have found noth- ... 17 ... .. 18 ing wrong with the present systP.m, but a majority I 19 of the Judges are prepar ed to adopt your suggestion. 20 Having adopted rules we are r eluctant to depart from

21 them unless it is necessary or highly desirable ; but

22 your suggPstion will be given a trial.

23 MR . LAZARUS : Thank you, sir. We won 't use

I• 24 ·it all the timP but we do think we will use it most

25 of 'bhe time , Mr. Pro sid e l'\,~· We do think it will save ------somP time, sir. 1 MR. ROBERTSs Mr. President. 2 THE PRESIDENTS Mr. Roberts. ~ lm. ROBERTS& We now call the witness, TANGE, 4 Kunji, who will be examined by Mr. SOMIYA. ' THE PRE$IDENT1 Counsel SOtIIYA. 6 MR. SOMIYAs I ask ror the summoning of witness -e 7 as witnP.SS of TANGE, Kunj1. 8

9 ---

14 1, 16

21 22

·23

2, '------TANGE DIRECT

K u N J I T A N G E, called as a witness 1 on behalf of thP dPfPnso, being first 2 duly sworn, t estified through Japanese ~ interpreters as followss • DIRECT EXAMINATION ' BY ?.m . SOUIYA: 6 Q Your name? 7 A TANGE, Kunji. 8 Q Your age? 9 A I am 63 . 10 Q Your addrPss? 11 A My address is 2372 Midortgaoka, Meguro-ku, 12 Tokyo. MR . SOMIYAs May the witness be shown defense 14 document No . 926. 15 (Whereupon, the document above 16 r eferred to was handed to the witness.) 17 Q Mr. Witness, did you write that affidavit? 18 A Yes. 19 . Q Is the signature and the seal your signature 20 and seal? 21 A Yes. 22 MR. $OMIYA1 I present defense document No. 23 '26 as evidence. 24 THE PRESIDENT: Brigadier Nolan. 25 TANGE DIRECT

BRIGADIER NOLANs May it ploasc the Tribunal, 1 the prosecution object to def ense document No. 926 2 in its entirety, which document deals with the 3

4 Nanking Incident of the 1st of February, 1932. That ' particular Incident has b ~en fully explored by the (j ·Lytton Commission , and , an examination of pages 87

7 and 88 of the r eport of that Commission disclose that

8 the facts of this particular Incident are set out

9 with some particularity based upon the evidence from

10 both JapanPse and Chinese sources adduced before the

11 Commission. 12 In addition, tho views of tho opposing 13 parties as to the origin of the Incident are set 14 out with particularity and in detail. This affidavit, 15 in our submission, adds nothing to what is contained 16 in thP r eport, is r epatitive and should be r ejected 17 in its entirety. 18 UR . ROBERTSs In the first place, the 19 prosecution saw f it to produce witnesses on the shell... 20 ing of Nanking. The second point we want to make is 21 these def endants are not bound by the Lytton Report 22 in its entirety. We submit, w~ have a right -- 23 THE PRESIDENT: '!IP do not hold ourselves 24 bound by the findings in the Lytton Report. It is 25 some evidence of the facts. TANGE DIRECT 19,5'98

MR. ROBERTS: However -- 1 THE PRE~IDENTs If tho facts in the Lytton 2 Report cover the statement in the affiaavit about 5 4 to be t endered, this affidavit is probably r epatitive . ' But we have an advantage here that we would not have 6 if WP confinPd oursP. lves to the Lytton Report to the

7 facts covered by this witness. We see him.

8 MR. ROBERTS: That is right.

9 THE PRESIDENT: I think I better use about

10 three words at a time.

11 MR. ROBERTS: In addition --

12 THE PRESIDENT: Vie will hear him cross

13 examined and his demeanor may be important.

14 This decision will covar similar cases, but 15 we hope you won't take advantage of it to call witnesses

16 unn P. cessarily.

17 The objection is overruled and the affidavit

18 admitted on the usual t erms. I notice the affidavit 19 is t aken before a Mr. SOMIYA. Is that you, counselor? 20 MR. SOMIYA: Yes, your Honor. 21 THE PRESIDENT: Such an affidavit would 22 not be admitted in a Brttish court, but ther e is no 23 objection to it her e. 24 CLERK OF THE COURT: Def ense document 926 25 will r eceive exhibit No. 2422. TANGE DIRECT

- ---·---- (Vlher eupon, the document above r e 1 f erred to was marked def ense exhibit No. 2 2422 and r eceived in evidence .) 3 4

• 8

15 16

24 19,600 TANGE DIRECT

MR. SOMIYA: I shell r cod Court ~ xhibit 2422: l "Affidevit. 2 "I re.tired from the Nc vy in November 1936 3 with the title of Rcar-Admirel, &nd hove been engaged in business since then till t he t f. rminotion of the war. "I was aopointcd cept cin of the cruiser Hirrto '6 (approximrtcly 5, 000 tons) in December 1930. The 7 cruiser Hireto wc s r ttechcd to tho First Ovcrs c ~s 8 Service Squodron at thrt tim( end wcs engr ged in the 9 gur rding of the Yc. ngtze River wrters. Since the out 10 broek of th~ Mcnchurian Incident in September 1931 11 the ~ nti-Japanese movement bccemt £cute in the districts 12 C\ long the YE'ngtze Rivc.r , i ncluding Shanghei, Ncnking t' nd Ho nkow. 14 "On J unurry 27, 1932, the cruiser Hirrto, 15 which hod been enchored r t Shonghoi, weighed enchor t <> r nd r er. chcd Manking on the 28th. At t he time of 17 depcrture Rcer-Admirr. l SHIOZ~~A , Koichi, comm~ ndcr of IB the Squ ~ dron, instructed me cs follows:

11 'Both the Jnponose Gov ernmcmt and Ncvy t.re t Ekinr the policy of locclizing the Manchurian 21

22 Incident. Attend to the protection of the residents

23 in Ncnking with the utmost cc. r e end nrudence so that 24 no trouble m~ y bE. ccuscd. '

2~ 11 \"/i th th~ news of the outbrer: k of the Shenghai 19,601

TANGE DIRECT

Incid E: nt on J :: nuc:ry 29, 1932 , tho .J apcncse:, consul,

1 thv resident militnry ~ nd nr. vcl officers, tnd all the

2 other J rponesc r osid<"nts took r E;fugc ir. the Jr"'nneso steamship Un-Yo-Mr.ru rs en emergency me csurc. The lugrogc of the r esidents wr.s ct1rried to a wharf of the ' Nisshin Steamship Compeny, whore it vtes guarded by o 6 section of the l anding forces disp c tch~d from the 7 cruis~r Tcnryu. On the Yrngtzo River off Nenking 8 there wcr(, r. t thr.t time six J ~ p~ncs c n~v l: l vessels 9 including the cruisers Hire.to , Tenryu ond Tsushima 10 ~ nd three destroyers together w~th ono British wrr 11 ship, one Americr. n destroyer ond about ten Chinese 12 worships. 13 "In the c.erly morning of J rnutry 29th Commender SHIOZJ..\':A sent a message, through mys elf, to P.dmiral 15 Chen Sheo-Kufn, the Chief of the Chinese Navy Depert 1(l ment, in which he st"t <;d , .' Althoufh rn untowrrd incident 17 hes broken out in Shr. nghai, Japr.n docs not regard Chine · ~I 1 es an enemy, but is mc r ~ ly hostile towrrds the 19th

19 \ RoutP. Army which has assumed n dcfir.nt ett1tudo towcrd 20 Jepan. I hope the intimrtc friendship between China 21 ond Jcoan mcy be continued os before .' To this Admirel 22 Chen Shoo-Kuen r eplied th~ t he ogr oed with Commander 23 SHIOZA\i'A end thut he would see· to it thi t vihen pass 24 ing by e Japanese warship the Chinese vessels would 19,602 DIRECT

avoid eny action which migrt couse a misunderstanding. - 1 In the morning of' Februery 1st , Cc.ptain Kao Hsicn-chia, 2 t Captain of the Chinese warship He iyung p-.iid us e visit end said it w~s r egr otteblc th!:t the 19th Route Army 4 , wcs fighting the J=ponese in ShenFhei, and. it was the desire of the Chinese Navy to remain on friendly terms 6 v:ith the Japanese. In the E:fternoon I went tia> r eturn 1 his call. And otherwise everything went on as \!sual. 8 "At ~bout eleven o'clock in the night of 9 F'ebruery 1st, there wfl s firing from the Shihtzeshan 10 Bcttery in the line of forts neLr N3nking. Shots were 11 heard from the wharf of the Nisshin Steamship Comnany. 12 Just then I perceived our comrcdc vessels Tenryu end 13 Tsushim& r eturing the fire , end then we r eceived a 14 request for assistence from the section guarding the 15 wherf. The al-.rwe-mentioned shots from the wharf were r;. 16 heard almost simultaneously with the bomburdment from 17 Shihtzeshcn Battery [,nd it wt.s the sound of rifle fire 18 end grenades coming from e point on the Chinese side 19 nenr the wharf. One of our third grade seamen wes 2-0 killed and another wounded cs o result of the firing. 21 11 To cope with this situction, I, being the 22 c•mmcnder-in-chief, ordered the steamship Un-Yo-Mrru 23 (c:nchored 2longside the wharf of the Nisshin Stecmship 24 Companyl to weigh enchor, as I was worried about the 2, 19 ,603 TANGE DIRECT

possible drnger to the residents. I also commenced 1 the section gut rding the wharf to r eturn to the comr ade 2 vessel Tenryu. Since no more attccks from the bcttery a followed, I order ed our wersh1ps to ' hold fire ' end ", then to 'cecse f i rtng. ' Wo informed the British and 6 Americe r. warships , which wer e c.nchored at the place,

1 of the situation. 8 "We observed the situetion until morning with every precaution. However, the skirmish seemed 9 to hr ve come to an end , as there wc.:s no further bomb c. rd- 10 11 ment fr om the for t . Vic hed mer ely shelled several times in r esoonse . The distance between t he Shihtzeshan 12 ti Battery ond J ap& nese worships we.s two thousand meters .

4 We lodged i· orotest with the Chinese c>uthori ties 1 requested them to mcke r epar- through our consul end l~ for the luggage Etion for the deeth of the sailor r. nd 16 off the whurd . 17 cerried "TANGE, Kunji. 18 "This 28th driy of Mcrch 1947 . " 19 the aff idavit as Are ther e any errors in 20 Q

21 I just read it? errors. 22 A No PRF,S IDE NT: Any cr oss- examination? 23 THI Ao . 24 Mr. desire to ask AO: If the Court pleeso , I 2, DR . 19,604 CROSS

1 the witness e f ew qutstions.

2 CROSS-E.XAMIN:.'l1 ION 3 BY Dn. AO: Q Mr . TANGE , on pt.ge 1 of your effidcvit you strtcd thrt &t the time of your departure from Shenghai

(, to Nonking on J ~ nur· ry 27, 1932 , you wer e instructed 7 by your corr.mender SHIOZJ.V/h thet you must offord protec 8 tion to the J c.pc nese r esidents in Nonking "with the 9 utmost ccr e and orudcnce so tht.t no trouble mey be 10 caused, 11 were you not? 11 A Yes , I r ~ c o iv e d such instructions. 12 Q On pfge 2 of your direct, middle of the p&ge , 13 you e. lso str tcd thr..t courtesy cvlls WE:re E: xchengcd 14 between th€ Chinese end the J r ponese c:.uthori ties e: nd 15 everything went on ~s usuel, wr.s it not? 16 /,. Yes . 17 Q Now, in spite of the instructions you received l R I en4 the normcl r el ctions then existing you did land 19 c n~ v c l force on shore, did you? 20 A The nnvt•l l ending prrty wo s not ! ended on 21

22 shore but on 'l'HE I NTIRPFETER: We er e stuck on a certain 23 24 t echnice. l term. (Continuing) The navel l ending party was not 25 l rnded on shore but on n "something" to protect the 1

2 ' '

~" 7 ·- 8 9

11 12 1, 14

l~ .. \ 6 17

~ l

2) -

14 l~ 16

19 20

2~ TANGE Cl

•• 8 THE PftF.SIIJENT : Mr. Roberts .

9 MR . ROBERTS: If your Honor please, the man

10 ner of tha question ot gettinB testimony in of the

11 Japanese consul I think is improper, and I object t o 12 the question on that gr ound.

13 I THE PitESIDENT : I think he is entitled to put t4 I his own evidence to the \'T itness f or acceptance or re 15 I jection. The.t is common enough. 16 MR . ROBERTb : He is assuming a state of f acts 17 which are not in evid ~n ce.

18 I THE PftESIDE~T s I under stand that comes from 19 the Lytton Report which, by the we~ also says ther e was 20 a landing on the wharf. 21 I The objection is overruled. 22 MR . ROBERT ~ : I did not understand the st at e- 23 I ment t hat he made as coming from the consul as being 24 1 from the Lytton Report. The. t was th~ reeson for my 2~ I I object ion. I ------·-- -~ ..... 19,608 TAt.GE CltOSS

Q Novr, Mr. TA.lmE, did ycu kno"' that Nonking,

2 unlike Shanghai or Hankow wh ere ther e wer e interna- 3 tional settlements and concessions, was but only a

~ treaty port, you are not su ~ posed to land navol f orces 5 on shore? Did you know t ho t?

6 ,~l • ROB~T& : I ob j ect t o thnt question, if

7 your Honor pl ease , as calling for en opinion from this

8 witness, and also bo1ng outside the scope of the exam-

9 ination. 10 THE PhES IDENT : Vlill tho r eporter r ead that

11 question, ple ~ se? 12 (Wher eupon, the question was r ead 13 back by the official court r eporter . )

14 LIB . HOBERT ~ : Also argumentative I believe . 15 THE PRESiuENT : No, I think t hnt quest ion 16 is all owable. Obj ection overruled. 17 Q Now , Mr . ThliGE-- 18 . Tfil.: i>RBSIDENT: Well, he hasn' t answer ed it, 19 hes .h&? 20 THE WITNESS : Must I answer that question? 21 THE PRESIDENT : Yes. 22 A I think it i s quite pr oper t o land the nDval 23 l anding party if and when necessar y t o pr ot ect r esi 24 dents. 2.5 Q ~Ar . TAl: GE : In the lost par agr aph on pa ge 2 19 ,609 CitOSS

of your affidcvit you stt' tad thot shtt!3 wu r e herrd 1 • from the \'!hC1rf of the Nisshin &tu:imship Company . What 2 tirao wns it? A About 11 o ' clock.

Q Wos it ~t night?

6 A About 11 o ' clock et night.

7 THE PitESIDEilT : Don't ge t him t o r epeat v1ha t s he SC'id in his affidcvit. Hv seys it \WS about 11 9 o ' clock on t he night c.f the 1st of Febr uary. Leave

10 it c t thot unless you question it.

11 Q NO\: , in viow of the position ct v.rhc. t you

12 said in the affidc.vi t yc•u rrnr e two thoussnd me t ar s 13 a•:;ny from tho steamship company wharf, :-nd at the

14 time th~ visibility, would it be possibl e thc t your 15 l c.naing forces were doing the firing?

16 A 1 am sorry, I om un~ blc to hucr over this 17 me.chine .

18 THE PRES IuEt4T : ~:a ke sure the ;:1 tnos s ' 19 eor phoncs ar e in order. We cen ' t hove him misappre 20 hending que~ tions a nd giving wr ong enswcrs. 21 THE I1iOtlITOR: 'iill the Americl1 n r eporter 22 r epeat thot quostion u g~in . We would like to r e 23 tronsla t e it bec c. use th.:. witness moy have misunder- 24 stood it. (Whcr ou:oon , the question wc.s r end 19 ,610 TnliGE CROSS

1 bock by thu official court r u1)c.rtor.)

2 hlR . ROBERTSz I ~bj ~ ct t o the question, first

3 boceusc the st ~' t omcm t thr· t the wcr ship \/Cs two thou scnd met tJrs from the st v~ mship was incorroct, in thr t "' 5 tho nffid2vit st ~ tes in thv l a st p3r egraph thc t it

6 wes tho d ist ance bet woon the Shihtzcshnn Ba ttery end

7 tho w& r ships, not the stor.mship company. ' ' #' 8 Q NO\.', I would like to chr. ngo my question.

9 How f r r \1cs it fron your ship t o tho \"hnrf, t o the

10 Nisshin Stecmship C <.' mp~ ny \'!horf? 11 A About sevon hundred meters.

12 Q Now , I come b~ ck to my l a st que~ tion . In 13 view of the position , th(! visibility, thcl time , would

14 i t be possible the t the J o pane so no Vf~ l f orce s wer e 15 doing the firing? 16 U l . hOBERTL: I ob j .... ct t o ~ sking him nhat 17 wcs possible. 18 THE .t'ItESIDEHT: Obj0ction ovorruled . 19 Of course, l1o cnn ~sk or suggest thct ther e 20 wo s ll mistake . 21 A Ttu:re is no cose of tho J cpanoso side 22 firing. 23 24

25 19,611 TANGE J~IDIR!CT

Q Would it be also possible timt tho excited ] ihinese population in Nanking t hat night wer J firing 2 cr ~ ck e rs col ebrAting a supposed victory a t Shanghai? 3 Would i t be poss ible? 4 THE PRESIDENT: That question is pointles s 5 from the prosecution' s viewpoi nt. It onlv t ends to ( excuse what w~s aone , if it is excusable . I can 7 understand the dafonse put ting questions like that to 8 r aise r easonable doubt, but I cannot understand the 9 proseoution. 10 Q Will you pl oR so ~ nsw e r my question? l~ 12 THE PRESIDENT: No, don ' t . 13 LR . AO: That concludes my cross-examination.

1'1 THE PRESIDENT : Counsel SOMIYA.

15 MR. SOMIYA: I shall Ask the wi tness a . 16 question. 17 REDIRECT EXAMINATION 1" BY MR. SOMIYA: 19 Q The position of the l anding par ty, w~s it on 20 the wharf or on the pier? 21 A On the wharf. 22 THE INTERPREI'ER: Correction: "The position 23 of the l anding party, was it on the pier or on the hulk? 24 The witness• r eply: "The hulk." 2:> Q What is the differ ence bet ween a hulk and a 19,612

Tt.NGE REDIRECT

pier? ''lould you pl Ja so 'lnsw0r ? 1 A The hulk is sort of '\ f lo'l t which looks somG-

2 whnt like a borgo and this is tiod to the land, ~nd

3 ~ ctweo n these barga-like hulks ther e is A pier to 4 which these borgos are tied to cronto sort or a thoroughfare . (. ~ Then the hulk is on wator, is it not? 7 A Yes . 8 Q Then, is it that tho landing pnrty was not 9 on land but on water on the hulk? 10 A Yes , it wos on water. 11 MR. SOMIYAs No more questions. 12 THE PRESIDENT: Tho witness is excused on the usual terms. I undorstand thAt nftar three- 14 quarters of an hour we are just whor e the Lytton 15

16 R~ port l eft it, on page 88.

17 (V/her"'upon, the witness wqs excused. )

JR MR. SOMIYhs Miy I state to the Tribunal 19 that in the trSJnslation of the affidavit, "hulk" is

20 mistranslated as "wharf • 11

21 THE PRESIDENr s Wo will r ef er it to the 22 Language Section. 23 MR . SOMIYA : Mr . Roberts will continue with 24 the presentation of nvidence. 2'.> THE PRES IDEMT : Mr. Roberts • 19,613 ARIMA DIRECT

MR. ROBERTS: Wo no~v O'lll t ho witness ARIMA, Nar isuke .

- ~ - .. N A R I S U K E A R I M A, called as a witness on bohalf of the dofense , being first duly sworn, t ostif ied through Japanese interpreters as follows: DIRECT EXAMINATION BY MR. ROBERTS: Q What is your nnme? A ARIMA, Se1ho.

~ Whore do you live? A 225 Hozawa-mnchi, Itchome, Setasaya-ku, Tokyo. MR. ROBERTSt I osk th:3 t the witness be shown defense document No. 919.

(Wher eupon, A document wns handed to the witness.) Q Will you ple~s e look nt defense document 919 nnd t ell us whether or not that is your 3ffidavit? A This is my nffidP. vit. MR. ROBERTS: I offer it in evidence. THE PRESIDENT: We have no copies. Brigadier Nolan. BRIGADIER NOLAN: Ma y it plcqse the Tribunal,

\ ,. 19 ,614 AR IMA DIRECT

in this document No . 919, tho d pon .nt s0ts out~ 1 description of a trip ho mnd e to Shi nghAi in F ~bruRry 2 of 1932. H~ then procJeds to expr0ss his opinion as

4 to the basic cnusP of th~ war in Chin~. In support

~ of th~t view hG refers to certnin e nti-Jap~nu s e move-

6 m~ nts which deve loped tn Chin~ ~nd to the manner in

7 which c~s e s weru handled in ~ c o rt ~ tn court in that 8 country. In furthor support, ho quotes verbatim from

9 tho speech of a civic official in ShanghA~ which

10 official expresses his opinion as to wh~t was actually

11 the/ cause of the outbr;;i11k of hostil lties in that countr~r 12 And, finally, he supports his opinion by quoting nn

13 excerpt from A book wh 1 ch 1 s not orod uc ed, th l~ work 14 of a Chinese author.

15 In the submission of th ~ prosecution, this 16 document offends a g ~inst those prlnciples which have 17 been l aid down by tho Tribun~l for the pr e par~tion 18 of affldavits. Wo submit that it is n mixture of 19 quotation and argument, nnd should be r ~ j ~ ct ed in 20 its entirety. 21 THE PR~SIDENT: Mr . Roberts. 22 MR .• ROBERTS : The fActs to be r elated by 23 this witness were obtntnod on a spot investigation in 24 Shanghai at the time thnt the incident w~s taking 25 plac ~ . He was s~ nt ther e for th0 purpose of seeing 19,615' AR IMA DIRECT

the pnrtics involvod ;:lnd g,jtt • ng th , f "\cts f irsthnnd. 1 In any caso whor e quthoritiGs ~ r o rof erred 2 to, this witness is pr epar oCJ to submit and show to 3 4 tha Court th.:? documentary proof , which will be marked

5 for identification.

6 Those facts as r 0lat3d by this witness and

7 coming from third per sons who arc not JAp ~ n a s c , will

8 substantiate the contention of the def onse . In

9 addition ther eto, under the Ch~ rtor i nvestigRtive 10 reports are admissible .

11 THE PRESIDENT : By a majority th~ Court

12 upholds the objection and r e j ects the document AS 13 heving no probative value . 14 We will r ecess for fiftenn minutes .

15 (Wher oupon, ~ t 104?, o r ocess wns 16 taken until 1100, aft or whlch the proceedings -.; 17 wer e r esumed ~s follows a) 18

19 20

25 19,616 A3 IMA DffiECT OYA11A DIRECT

s 1 NARSHAL OF THE COURT: The International p r 2 1'111 tary Tribunal for the !'ar East is now resumed. a t 3 THE PP.ESIDENT: Mr. ~ol)e r ts . t 4 MR . ROPERTS: The defense-- & LANGUAGE ARBITER (Major ?{oore) : Mr. President, y 6 e with tre permission of the Tribunal ···e submit the fol- 1 7 d lowing language correction: Exhibit 2422, substitute 8 ""' ne 11 hulk" for ""'•harf" in t'-'e following places : page 2, 9 line 1, and f rom the bottom, lines 7, 5, 4, and 2. 10 MR . ROBERTS: In view of the Court's ruling 11 previous to the r ecess this witness may be excused. 12 THE PP~SIDENT: He is at liberty on the usual 13 terms . 14 (Whereupon, the witness v1as excused.) 15 MR . ROBERTS: The defense nov desires to call 16 the witness OYA?f.A , whose affidavit was not pr ocessed 17 by 18 several days ago. He will be examined Mr . BANNO .

19 THE PRES IDE NT: Mr • BANNO •

21 A Y A 0 0 Y A M A: called as a witness on behalf

22 of the defense , being first duly sworn, testified

23 throup,h Japanese interpreters as follows: 24 DIRECT EXAMINATION

25 BY MR . BANNO : Q Your name? 19,617 OYAMA DIRECT

A OYAMA, Ayao. ''Y name is OYAMA, AyfJ.o. 1 q Your adcress? 2 A Uy address: No. 8, 1-Chome, Nagata-cha, 3 Chiyoda-ku, Tokyo. 4 Q The date of birth? A January 2, 1883. 6

7 MR. RAI'NO: May the witness be shown defense document No . 897 . • 8

9 q Is that your af ~ idavit? 10 A Yes , it is.

11 ~m . BANNO : I produce in evidence defense

12 document No . 897 . THE PRESIDENT : Admitted on the usual terms. 14 CLERK OF THE COURT: Defense document No . 897 15 will receive exhibit No . 2423 .

16 (Whereupon, the document above referred 17 to ~.. as marked defense exhibit No . 2423 and

18 rec~ived in evidence.) 19 MR. BANNO: I shall read exhibit No. 2423. 20 I shall read from No. 4: 21 "4. I held the directorshi' of the Judicial 22 Affairs Bureau j_n the Kwantung Army as an army legal 23 officer (then 3d erade of the KOTO rank) from June 21, 24 1929 (Showa 4) to December 20, 1933 (Showa 8). 25 "5. While I was in that o::'fice, there came 1~,618 OYA1~ DillECT

-- the-- outbreak------of the rukc" en In------c ~ der.t on September 18, 1 1931 (Showa 6) . 2 11 6. Upon the outbreak or t:11s incident, I 3 ";ent under orders to iu~

lS Uajor of the Kwantung Gendo.rmerie; SSIHAMOTO, i'asa:f.chi, l6 Lieutenant Colonel of the Second Infantry Battalion

11 of the Independent Garrisons J ITAKURA, Itaru, 1s Infantry Captain of the Kwantung Army Headquarters;

19 TAHURA, Kazuo , Sur geon Captain of the Kwantung Army

20 Headquarters ; and ! ~AEKAWA, Kazuma, army clerk, who

21 acted as witness and stenographer. 22 "7. On the basis of the above-mentioned 23 investigation, the partv drew up the neport of the 24 Investigation o·f the BJ.ast1ng of the South Eanchurian nailway and filec it ' .'i th t he authorities. 19,619 OYAMA DIRECT

11 8. The document consisting of five sheets, 1 including the cover, wh1ch was drawn up on September 2 23, 1931, and entitled the 'Report of the Investigation 3 of the Blasting of the South Manchurian Railway, • is 4 a copy of the original report drawn up at that time. ~ I certify that the content is the same as that of 6 the original. 7 • "9 . The document drawn up by the Kwantung 8 Army Staff Of I i c ~ and ent itled 'Table of Incidents 9 concerning ller. cti ~rla o.nd Mongo lia in the Last Four 10 Years, ' is a c o~ ;.- of t he or:1.ginal which the Kwantung 11 Army Staff Offi l.! o distr i buted to the parties con 12 cerned after the investigation. It consists of 13 14 fifteen sheets, i ncluding the cover and an appended u paper. As the director of the Legal Affairs Bureau 16 of the Kwantung Army I read t~e original at the time

17 of its writing, and I certify that as far as I remember

18 the content of this copy is the same as that of the

19 original." 20 THE PRESIDENT: Mr . Comyns Carr. 21 MR . COMYNS CARR: I was wishing to object 22 to the last paragraph 9 of this affidavit being read 23 on the ground that the document therein referred to 24 is not mthibited to the affidavit nor identified in 2 ~ any way and as far as I know has not been served. 19,620 OYMlA DI P~CT

THE PRESIDENT · The absence or the original 1 mu~ t be accounted for. 2 MR . conYNS CARR: Your Honor, not even a copy has been served or is attached to the af fidavit. 4 HR. BAHNO: May I explain, your Honor ? ··11th reference t o the documents referred t o 6 in paragraph i:; of the affidavit, I wish to state that 7 s pr epar ations for their processing had P.Ot been made, 9 having hacl no time; that we had hoped to with

11 this matter after the r eading of the affidavit.

12 THE PRESIDENT: This witness may be able t o 13 testify to the facts themPelves, apart f r om any docu-

14 ment , if his recollection i s clear enough. Tr y him. 15 I understand the copy attached is not the document 16 r eferred to in paragr aph 9. 17 MR . COMY'NS CARR: That is the docUMent referred

18 to in uaragraph 8 , your Hono r. 19 THE PRESIDENT ~ Yes . The shortest thing to 20 do is to uphold the ob j ection. It goes only to para 21 gr aph 9. The objection is upheld. Par agraph 9 will 22 be disregarded. 23 llR . BANNO: Thank you, sir. 24 I should next like to read the attached 25 "Report of the Investigation ot' the Plasting of the -

19,621

OYAUA DIRECT

South Manchurian Rail\'10y. 11 1 (Reading): 11 on the night of September 18, 2 1931, Chinese soldiers blow up the South Manchurian 3 Railuey and attacked the J E.t panese Ra1l\rny guards. 4 SHIMAUOTO , Commander of the 2d Infan ~ ry Battalion of ~ the Independent Garrisons , who was r esponsible for 6 defense of the roil\"1ay , '.'10nt to the Kwantung Army 7 ~ 8 Hoadquarters on Soptombor 23 ~nd modo on oral report

9 r egarding tho olasted spot ond conditions in the

10 neighborhood.

11 "Consequently, by order of tho Commander of 12 the Kv10ntung Army , tho folloVling personnel went to the

13 actual scene of tho incident and invcstigotod the actual 14 conditions: USUDA, Kanzo , Infant ry Mojor attached to n the Kmrntung Army Headquarters (St off Officer); OYAMA , 16 Ayno, OKADA, Chiichi, ond FURUKAWA , Seiichi, Army 17 Legol Officers of the K~ontung Army Hcodquarters; 18 TSUMA , Konzo , Gendormerio Mo jor of the Kv1 ontung 19 Gcndarmorie; SHIMAMOTO , Uosaichi, Lieutenant Colonel 20 of the Second Infantry Battalion of the Independent 21 Garrisons; IT AKURA , Itaru, Infantry Captain of the 22 Kw:::mtung Army Hcodquartor s ; TAMURA , Konzo , Surgeon 23 Coptoin of the Kw~ntun g Army Heodquorters. Their 24 r 0port is as follov1s : 25 11!. Spot blown up. -

19,622 OYAMA DIRECT

l "The railway line under the management of

2 the South Manchuria Railway Company; the east side track about 1'00 metres north of the Lieutikow Detach ment Barracks north of Mukden Station. ' "II. Date of investigation. 6 "From 5':14 to 6:10 p.m. on September 23, 1931 7 in fair ,-,eather, at sunset • • 8 "III. Actual conditions of the spot blovm 9 up. 10 "The spot blown up had already been restored, 11 but fragments of tracks and sleepers were still 12 scattered her~ and there . As to the condition of repair, two tracks of the east side and two sleepers I 14 had been replaced with new ones, and the earth and 1, land, ballast extending over 2' metres of the said 16 tracks f rom ~orth to south, and weedy land on the 17 east side had evidently been worked upon quite 18 r ecently (about four or five days before). 19 "Two tracks and two sleepers were crushed 20 similarly at only one end. On examination, judging 21 . 22 from the fact that there were r emnants of explosives

23 adhering to the ends of tracks, to sleepers, and to 24 their scattered fragments as well as from the shapes

25 of crushed fragments, we fully recognized that explosives were used to blast the railway.

I 19 ,623 OYAMA DIRECT

1 "Photographs of the obova-montioned actual 2 conditions were taken by the photographers who 3 accompanied us . 4

24 19,624 OY,J::. DI t i.CT

1 11 IV. :.ctul\l con

2 tending fr0ci t ho pl c co blnst lld t o t he southvio st

3 corn~ r of Peit~ y ing .

4 11 (1) S t ::i rtin~ north\'10r e from tho place ' bl nst oc, on £'. p::-. th 30 inches wide of piled-up 6 e~ rth ncYt t~ t he balla st on t h~ ocst si de of the 7 r oihmy tra ck, Vi e noticed t h"lt t hu scid pnth and • 8 t ho b:illa st next t o it ,·1er 0 cl otted v1 ith clotted 9 blood n t i nt t:;rv::- ls of obout tv10 netres. We f ound 10 n slightly l~ r gc r nmount of blood ct a ooint a bout 11 one hundr0d nnu fifty m1;3tr ~ s av!c.y fror.1 the 12 storting point. Proceeding ~bout tv10 hundred 13 netres, follo\·1 ing the blood

20 Photogr aphs of the l\bovo-r.:entionod a.ctuol evidences

21 of blood v1er u t cltcn by tho photo groph~rs who ac-

22 e or:~o.nie d us .

23 "(2) The corps ~ l ay on the oost side of

24 tht:! rond, in o rut r.·ndo by carts ~ oing through the

25 TJUG. Thar <.~ wore still pud C.: l es of r.md in places.

In the rut, with his he~~ northwards, his feet OY J.? ~t. DinECT

southwnrds, the right ;,id\3 of h'\.s fnco , his right 1 .. 2 hr.nd and his ri ~ht foot sunk in the r.lud and his

3 l eft hnnd under Ms belly, a Chino so soldi er l ::iy 4 dcnd , f ace downwards, dr essed in a r.iilitcry uni

5 forc (without cap) but wonring ::i bnyonot scaLbard 6 (tho blade of which was r.i i ssing). To the north,

7 thirty centiuct'3rs nw~y fron his hcad , v:c. s n •.. 8 soldier's c ~p , and to tl~v south, t\lo nPtr os fr on 9 his foot, a rifle with btlyonct fixed. In the 10 middle of tho back of thE: corpse ther e wns a blood 11 s tninod bullet hole i n his uniforn . A consiclorable 12 anount of blood h~a bo0n omittotl froa his nouth 13 and nostrils and h::id poroeo.t ed tho earth next to 14 his face. His face , hand, foot nnd uniforrJ which 15 had sunk in the mucl, wor e stuclt in the cud which 16 had dried af tcr a f cm clear days • Tho blood on 17 his back antl his f ace \lr.s dark brown and rec , and 18 the bar e parts of the corpse wer e dark brown and 19 rotted. A ~~ t of his hoad on the saoo side of 20 his face in t he nud wns subaer ged in a little pool 21 22 and thnt part had bo con~ slightly furred . We

23 f oar ed thnt if we should try to novo t ho corpse , 24 the rotted corpse and uniforn woul d f o.11 apart.

2} · Phnt ogr cphs of tho cctual cond ition of the corpse wur c t nkon hy the photogr npher s who acconponied us. 1

3 4

7 •• 8 9

15 16 ~ 17

21 22

23 24

25 19,626

OY!J.'iA DIRECT

"(3) Northw~rc1s nbout ono hundred rte trcs 1

2 froo the corpse on tho rond pn r nllol to tho railway,

3 wo discover ed the corpse of nnothor Chinese soldi or 4 at the edge of a narshy pool on the co.st side of

5 tho road. Ho wa.s in soldier's uniforo without ca.p 6 but with his bayonet. Ho lay d oad with his head

7 northward, his f oot southwar d, his faco dovmwflrd, • 8 his right or r.1 under hi s body and his l eft or n a. 9 little forward . In tho center of the bnck of the 10 corpse ther e wa.s . n blood-stained bullet hole mork. 11 Fr or.i his rtouth and nostrils hnd cor;o n sr:all nnount 12 of blood, which was d~rk brown nnc1 r ed. The bare 13 part s of the corpse wer e da.rk brown· end rotted . 14 "The hea.d , hands und uniforri hlld bE:: cone 15 slightly furred. Photos of tho actual conditions 16 of the corpse wer e t a.ken by the photogr aphers who 17 accompanied us. 18 " ( 4) Northward , about one hundr ed ttetres 19 from ' thc corpse on tha road , beyond the norsh (ten 20 cetr es wide) on the ea.st s ide of the road a.nc in o. 21

22 srnoll hollow near the eastern edge of the o.bove mentioned marsh, ue discover ed the corpse of a third

24 Chinese soldier. He was .in soldier' s uniforn, with-

~ ' but cop but with his bayonet. Tho ccp vms lying to the north of tho corpse . He l oy dead with the 19,627

OY/J\A DITIECT

right half of his fnco downward, l is bend northward, 1 his fe~t southward, ond his riBht arc under his body. 2 There were no cuts on the bare ports of the corpse, 3 but he hod vonited a large anount of blood , which 4 wns now dark brown o.nd red. His foce ond his right ' nrc hod sunk in the cud ond tho blood had p~rneoted (i the eorth next to his face . His face, orn and 7 uniforc were stuck in tho t~ud which hod dried ofter 8 n few clear days. Photos of tho actual condition 9 of the corpse wero t oken by the photogr e.phers who 10 accompanied us. 11 11 \'!hen we looked to tho northeast from the 12

13 spot wher e the corpse lay, we could sec the southwest 14 corners of the parapet of Peitoying about one hun

15 dred and fifty r.1etres beyond n Kooling field.

.,. 16 11 \'!e judged fron tho looks ond uniforcs of ~ 17 the aforesaid three corpses that they were_ doubt l S lessly Chinese soldiers, nnd the obove-centioned 19 conditions convinced us thnt scores of hours had 20 passed since their death. There is no evidence

21 that the corpses had been ~oved . 22 "The above investigation ascertained thnt 23 the Chinese soldiers had blown up the aforesaid 24 railway with explosives, nnd, that while retreating 25 in the dir ection of Peitoying, they had been 19 , 628 OY/ MA DIRECT

fa.tally wounded by pursuing J apanose r ailv10.y 1 guards \'lho had di scover ed then, corpses of the 2 three soldiers having been l eft whor e they died . 3 11 Sept eaber 23, 1931 . 11 4 11R . B:1NNO; The t is all. ~ THE PRES IDEHT : !(r . Conyns Corr. 6 cnoSS- EXMHHATIOU 7 BY lIR • COL-YNS CARR : 8 Q OYAlIA , ar c you the so~e person o.s OYAMA , 9 ~ 10 Fur.i o of the sru:1e addr oss and appar ently the same

11 age , who swore nn affidavit for the def ense on t he

12 24th of Decenber l ast, which hns been served upon

B us but not so f ar used?

14 A I no the sane porson because I an al so

15 known as Funio. Fumio and Ayo.o ar c written in

~ 16 the snae characters, and they ccy be r ead either way.

G 17 Q Then you ar e the gentl eman who held the 0 1 18 positi on of Chief of the Army Judicia l Affairs d b 19 Bureau from December 1933 until March 1945, is e 20 r tha t right? g 21 A Yes . & 22 Q As that affidavit has not yet been used K 23 a I won ' t ask you anything about that now. Now p 24 1 about this r eport of investigation -- the investi e 2~ a gation took place on the 23rd of Sept ember , 1931, u 19 , 629 OYAMA CROSS

I understand, is that right? 1 A That is a fact. 2 Q Was that the same day on which a party of

Ame ric~n and other journalists were shown over the same place where you conducted your investigation? A I do not know anything about journalists being 6 shown the spot. 7 Q You did not see them ther e? 8 A No, I did not see them. 9 Q Were you informed that they either had been 10 there before you or were coming immediately after 11 you'? 12

13 A No, I have never heard of it. Q I see. Now according to the Lytton Report 14 the Japanese officer who was -- the only Japanese 15 16 officer who was anywhere near the scene of this

~ 11 explosion at the time that it took place was Lieutenant 1s KAWAMOTO . Do you know what has happened to him?

19 A I do not know. 20 Q Did you see him and take him with you to

21 the investigation at the time? 22 A Lieutenant KAWAMOTO did not accompany us . 23 THE PnESIDENT: Did you speak to the Japanese .,. 24 guards who shot the three Chinese soldiers? ?HE WITNESS: We have not spoken with J apanese -

19,630 OYAMA CROSS

soldiers. 1 Q So when you made the investigation you did 2 r:ot interview any of the persons who were near the 3 scene at the time of the occurrence, is that right? 4 A No, we have r.ot interrogated them. ~ Q You were the head of the Legal Section 6 of the Kwantung Army, weren' t you? 7 A Yes . 8 Q Do you hold a legal qualification as well 9 as military rank or did you? 10 A I have legal -- I had legal qualifications. 11

12 At that time I was not an officer but a civilian

13 attached to the army. 14 Q Didn ' t your· legal qualifications indicate u it would be a good idea to examine the nearest 16 approach to eye witnesses that you could find?

17 A J.t that time we did not see that necessity.

18 Q I notice that you begin your report with

19 the words "On the night of 18 September 1931 Chinese 20 soldiers blew up the South Manchurian Railway and 21 attacked the Japanese railway guards." As a l awyer

22 do you usually beg~n an investigation with the con 23 clusion? 24 A No, it was not given in the sense of a 2) conclusion. The meaning was that because SHIMAMOTO, 19,631

OYJ.UA CHOSS

Commander of the Second Infentry Bt\ ttc~ lion of the 1 Indeuendont Garrisons, had made a r eport to such 2 an effect such an investigation was conducted. 3 Q That isn't what you say, you know. Why 4 didn ' t you say that if that is whet you meant? 5 If you would carefully r ead the r eport, 6 1~ I am quite sure you will understcnd the meaning of 1 s what I have just stated. Isn't it the truth t hat you had mad e 1.lP 9 Q 10 your minds about the conclusion befor e you started

11 and you wer e just l ooking for some evidehce to support

12 it?

13 A Ther e was never any such a thing. 14 Q Now, about your description of the spot 15 where the explosion is said to have occurred, you 16 say: "The spot blown up had already been r estored, 17 but fragment s of tracks and sleepers wer e still 18 scatter ed here and there ." And you go on to describe 19 two t r acks and two sleepers crushed and r emnants of 20 explosives adhering to the ends of them. Now isn't 21 the truth that those broken pieces of rail had 22 previously been r emoved to Gener al HONJ0 1 s office in 23 Mukden and were shown to the Amer ican journalists 24 that very morning in Mukden? 25 A It is a fact part of the r emnants -- broken OYJJ&A CROSS

pieces of r ail and sl eepers wcr o scr t tcr cd about the 1 spot of the explosion. 2 ~ ~ Did you see them at any time in Q~ne ral -- or

4 outside General HONJO ' s office in Mukden -- in the

~ hall 3ust outside his office? 6 A Yes, but somo time aftervtards.

7 Q How long afterwards?

8 A I ~ave no ~xact r ecollection at the moment,

9 but I think it wa s one or two days, perhaps a few 10 more days aft€r that.

11 12

13 14

15 1·6

19 20

21 22

2~ 19,633 OYM!A CROSS

r'ho caused them to be removed there: 1 " 2 ft Of that J do not know .

3 THE PRESIDEt\T: \/hat V'8S the appear-

4 rmce of the remnants of explosives? A I cannot recaJJ a11 the detPil s at the 6 present moffient, but I hnve a very definite, posi- 7 tive recoJJection of -- I have a very cJear recolJec- 8 tion of the ends of sleepers and rails which were

9 scattered there. 10 But what led you to th1nk thAt there V!ere

11 any remnants of explosives there~ 12 I recognized them because there we r e a number of rails and sleepers there, and that a part 14 of them had been demolished by explosives. 15 T!!E PRESIDENT: You say ther e we r e remnants 16 of eYplosives adhering to the ends of the trpcks and 17 to sleepers. Can you describe in greater det~i1 18 what you metin by that? Whot wer e these r emnants? 19 TI!E W IT ~ESS : l am referring to black - 20 shall I say smoke or powder which wer e found on 21 these materials as r esuJt of the explosion. 22 a THE PJ,ESJDENT : You we r e not r eferring to 23 pieces of 1ron or steel or anythin~ Jike that? You 24 are not suggesting a gr enade was u~ed or something 25 of thP.t kind? 1

10 • 11

13 14 15 16

C1' 17

19 20

22 23

25 19 ,633 OYA!.iA CROSS

~"ho there~ 1 caused them to be rerr.oved

2 Of that j do not know. What Vias the appear- 3 THE PRESIDENT : 4 once of the remnants of explosives?

5 A I cannot reca]l alJ the detPils at the

6 present moment, but 1 have a very definite, posi

7 tive recollection of -- I have a very cJear recolJec

8 tion of the ends of s1 eepers end ra:ils wh ich were 9 scattered there. 10 0 But what led you to th:ink thAt there were

11 any remnants of explosives there~ 12 A I recognized them because there were a 13 number of raiJs and s1eepers there, and that a part 14 of them had been demolished by eY.pJosives. 15 THE PRESIDENT : You say there were remnants 16 of explosives adhering to the ends of the tr~cks and 17 to sleepers. Can you describe in greater det~il 18 what you meDn by that? What were these remnants? 19 THE WITt;ESS: J am referring to black - - 20 sha11 I say smoke or powder which were found on 21 these materia]s as a resuJt of the eYplosion. 22 THE PiiESIDENT: You we r e not r ef er ring to 23 p:ieces of iron or steel or anything Jike that? You 24 are not suggesting a grenade was used or something 25 of that kind? -

- ~·~- · ---.,.

19,634

OYAMA CROSS

THE ,PITNESS: I don 1 t know exectJ y whet 1 type of expJosive was used, but an investigation 2 into that matter was supposed to hAve been conducted 3 4 afterwards and a report submitted thereon. What I reca11 is that there were remnants or pieces ~

6 of rai1s and sleepers and that there were black

7 powderish marks on these remnants ; but although I s rece11 this I don't reca11 whether there were eny 9 remnants or fragments. But I should think that

10 there were remnants of -- or fragments of the ex-

11 vlosives themselves. 12 THE MONITOR : I don't recaJJ about the 13 fregments of expJosives, but I should think there 14 were such a thing there. u THE PTIESIDENT: You must te11 us what you 16 saw, not drew on your imagination. 17 It is difficuJt to understand how parts of 13 explosives as such cou)d adhere to anything.

19 Q This report that you have produced you 20 heve sworn is a copy of the original report drawn 21 up et the time, is that so? 22 Is that right? 23 THE MONITOR: Just a moment. Could we 24 have the question r epeated? 19 ,635 OYAUA cnoss

1 This report that you hRve produced you 2 have sworn is a copy of the originn1 report drown

3 up ~t the tiMe. Is that so? 4 /'. Yes . ~ THE Pf1ESIDENT : How c1 ose to the point 6 of the explosion was the nearest sign of a cJot of 7 ~ blood? 8 MI<. COMYNS CARf1: I am corning to that. 9 THE Pl:ESIDENT: Wel 1 , a coJ J eague wants 10 that answered. 11 THE WITNESS: The point of the eypJosion 12 had been repaired and therP was new dirt covered 13 over the place. The cJots of bJood we re not found 14 in the place where the r epair s were made but sJ ight l~ Jy north of the point. 16 THE PRESIDENT: How f~r north in feet? 17

18 THE WITNESS : The portions of the rail which hPd been repE1jred at the pojnt of the ex- 19

20 pJ osion extended about twenty-five metres. The

21 poi~t where the cJot of bJood was found was a very 22 short distance from the end of the t wenty-five metres .

23 I don' t recaJJ in feet how far the pJace was, but

24 it WAS very, very cJose.

2~ THE PRESIDENT : Do make an attempt at measure ment, if you can. "Very, very close" means nothing 19,636 OYAMA Cl

1 in legal proceedinrs. 2 THE WITNESS : I don' t hRVe any eXACt r ecoJ 3 ]€Ction, but I don't think it was -- I think it was 4 less than one metre. 5 '! Now. Mr. OYAMA, this report was R resuJ t 6 of a1J these peopJe you h~ve mentioned in it as 7 having gone on tht=o investipntion, wasn't it? ~ 8 A Yes, th~t is so. 9 n ~~s it shown, for instance, to Co1one1 10 SHIMAMOTO? 11 P Tieutenant CoJonc1 SHIMPJ~OTO natur~lJy 12 would have seen the r eport. 13 Q Before it was sent in? 14 THE PRESIDENT : We wiJ1 ndjourn until 15 half-past one. 16 {Wher eupon, at 1200 a r ecess was 17 taken.) 18

23 24

25 19,63?

w AFTERNOON SESSI ON 0 1 1 f 2 The Tribunal met, pursucnt to r ecess, at & & 1330 • M • 0 5 MARSHAL OF THE GOURT: The International r s 6 Military Tribunal for the For East is now r esumed . e 7 THE PRESIDENT : Captain Brooks.

8 MR. BROOKS : If the Tribunal please, there 9 was a medical examinntion order ed for the defendant

10 OK.AWA, Shumie and the def ense doctor ha s made his

11 r eport and I under st and that the prosecution doctor

12 has made his report, and I wonder if there is eny 13 change in the status of OK.AWA at this time .

14 THE PRESIDENT: During the lunch hour you 15 approached me in chambers for a copy of the American 16 doctor's report. I told you that after consulting 17 the other members of the Tribunal I might have an

18 announcement to moke in r espect to OKAWA . Having

19 consulted my colleagues, I hove the following announce-

20 ment to moke : 21 The Tribunal, hr. ving considered the renorts

22 dat ed the 23rd day of February and the 13th day of 23 March, 1947, made by the mediccl experts duly appointed

24 to examine into the mentcl condition of the accused

25 OKAWA, Shumie, end not being satisfied thct the said accused has yet r ecover ed the intellectual capacity 1 and judgment to make him oeonblo of standing trial 2 end of conducting his defense, and the scid accused & not having pleaded to the charges ~nd having been " unoble during the proceedings to instruct his counsel effectively, doth order that against the scid OKAWA, 6' Shtimie no further proceedings be token at this trial 7 on the Indictment herein ond thot he be kept 1n custody 8 9 subject to such order as may be issued by the Supreme

10 Commtnder for the Allied Powers . The present order

11 shall not, however, preclude or prevent the trial of

12 the soid accused ot a l ater dat e before c competent tribunal on the charges contained in the seid Indict- 13 14 ment or on any other charges. That is the decision of c me jority of the 15 Tribunal. 16 MR . BROOKS : Mi ght I inquire, your Honor, 17 es to the custody r eferr ed to there. Does thet mean 18

19 thnt he will bo r emoved from the custody of the

20 J apanese insane asylum. whore he i s now, os I under-

21 stand, being held?

22 THE PRESIDENT : His mov ements in all places 23 and ot all times will be controlled by the Supreme

24 Commander f or the Allied Powers.

. 25 MR . BROOKS : Thank you, your Honor • 19,639 OYJJ.4.h CROSS

THE PRESIDENT: Mr. Comyns Carr. 1 A Y J.. 0 O Y h M A, called as o witness on behalf 2 of the defense , r esumed the stand and testified 3 4 through Japanese interpreters os follows: BY MR. COMYNS CARR (Continued) : ~ 6 Q Mr. OYAMA , you told me before the adjourn

7 ment thot Colonel SHIMAMOTO was one of thoseresponsible "> 8 for this r eport which you have produced and , t?erefore,

9 r esponsible for the stotement which has been r ead

10 several times thrt there wer e r emnants of explosive

11 adhering to the ends of tracks. Do you know thrt only 12 yesterday Colonel SHIMAMOTO produced to this Court a 13 r eport which he said he made on the 18th of October;

14 1931, court exhibit 2410 , ~f the discussion which he 15 hed with certain memb ers of the Lytton Commission 16 when he took them to the scene of this explosion. He 17 said thr t they asked him what was used for this ex.- 18 plosion and thet he r eplied, "As it wos done by the 19 enemy we do not know. There was no r esidue ." Which 20 of those two statements is true? 21 1~ I om ~necqu a int e d with the contents of the 22 document which~ have just been told has· been tendered 23 to this Court by Lieutenant Colonel SHIMAMOTO. 24 Q You have just heard me r ead out the material 25 port of the contents and I osk you again, which of 19,640 OYAMA CROSS

the two statements is true? 1 A The fact that there were o number of r oils 2 ond sleepers vtreckcd and damage;d whon they and & thrt these were found at the time of the investiga ' tion and that evidences of explosive found on these

6' rails and sleepers was as thoy hove been pointed out

7 and indicated in the report, then if there is anything -

8 any document or anything contrary to what I have just

9 said, then I would say thrt the report to which I have

10 referred is accurate. ti. Q Now you describe the repairs which had been 12 done over twenty-five meters of the said tracks. Do

13 you intend us to undorst~nd that anything like that 14 length hDd been domaged by the alleged explosion?

15 A Inasmuch os the ext ent of the explosion, the e. 16 part that hod been damaged by the explosion, hed 17 alr eady been r epaired , I do not know. However, there

18 were two roils that were replaced and in r eplacing

19 these two rails I should think a length to this extent

20 hed to be worked upon, thrt is to soy, a length of

21 twenty-five meters.

~i J. U .6 ••,,,,,,.~---··- • · ·- 1 V 19,641 OYAMA CROSS

Q Do not you know that tho Japanese had ) I thems elves torn up part of the rails? 2 A That is not so. 3 Q Do you know that in the same statement to 4 which I have already r ef erred, Colonel t'HIMAMOTO r eported yesterday this question and answer: "Why 6 did the Japanese forces r emove r ails at the crossing 7 of the Peiping-Mukden Railway?" and his r eply was 8 11 0 Bocause it was necessary for our def ense . ? THE PRESIDENT: Mr. Rob erts. MR . ROBERTS: If your Honor please , it appears 11 that prosecutor is now r ef erring to another spot 12 which I believe is differ Pnt from the spot of the 13 14 explosion. t.IR. COMYNS CARR : In my submiss-ion, your - 16 Honor, objections should not take the form of inviting ~· 17 the witness to give a particular answer to a question.

i :\ I THE PRESIDENT : It purports to be a genuine 191 correction of a misapprehension on the part of cross-

201 examining counsel. Whether it is or not, I do not

2\ know. 22 MR. ROBERTS: Thnt is the intention and I 23 could objPct on the ground that it is outside the scope of tho examination. THE PRE8IDENT: No, you could not object on 19 ,642 OYAf1A CROSS

that ground , Hr. Roberts. 1 :m . ROBERTS: I still have that intention 2 in correcting the misapprehension. 3 MR . COL'YNS CARR : It is not a misapprehension. 4 If your Honor will turn to page 67 of the Lytton Report you will seo that ther e was , according to '6 Lieutenant KAWAMOTO , there was a crossing at the - 7 ~ very point wher e Lieutenant KAWAMOTO claimed to have 8 heard the explosion; thP bottom of the page , five 9

10 lines up. THE PRESIDENT : Vlel l, you sec, you do not 11 12 misapprehend anything , Ur. Comyns Carr, so proceed

13 wi th your cross- examination. 14 Q ':'las Colonel SHU,,AMOTO r ight when he said -- 15 when he t ol d the Lytton Commission t hat the Japanese 16 had thems elves torn up certain rails at a crossing and

17 for th ~ purposes of their defense? 18 A Having had no r elationship wha tsoever 19 with that question, I do not know.

20 Q Did you see two places wher e r a ils had been 21 r epair ed or onl y one place? 22 -A Just one place. 23 Q Now , do you know th~ t according to Lieutenant 24 KAWMiOTO ' s account given to the Lytton Commission the 25 gap caused by the alleged expl osion was only 31 inches? ... 19,642 OYAiiA CROSS

that gr ound, Hr. Rob0rts. l!R . ROBERTS: I sttll havo that intention in correcting the misappr ehension. MR . COl!YNS CARR : I t is not a misappr ehension. If your Honor \?ill turn to page 67 of the Lytton Report you will see that ther e was , according to Lieutenant KAWAMOTO , ther e wa s a cr os!>ing at the very point wher e Lieutenant KAWAMOTO clai med to have heard the explosion; the bottom of the page , five lines up. THE PRESIDENT : Well, you sec, you do not misapprehend anything , Mr. Comyns Carr, so proceed wi t h your cr oss-examination. q '.'.'as Colonel SHIMAMO TO r ight when he said -- whe n he t ol d the Lytton Commi ssi on that the Japanese had th~mselv e s torn up certain r ails at a crossing and for thG pur pose s of their def ense?

A Havi ng had no r el ationship what soever v1ith that qu E> stion, I do not know. Q Did you see two places where r ails had been r epair ed or only one place? A Just one place. Q Now , do you know that accordi ng to Lieutenant KAWA HOTO 's account given to the Lytton Commissi on the gap caused by the all eged explosion was only 31 inches? 19,643 OYAUA CROSS

No, I do not know of the l~ngth. 1 A Q Do you know that according to all Japanese 2 3 r cp~ rts the train passed safely over 1t immediately

4 aft r r it occurrE>d? ) A Yes , that I have heard of. 6 Q If that is so, and if it was necessary to

7 r 0 pair 25 m e t~ rs, something else must have caused

8 that npccssity, mustn't it? 9 A !!ot having been at thC' scene of the explosion

10 at the t1mc the explosion took place I cannot say,

11 but I can say that ther e wore nvidences of explosive 12 found on the r ails and sl e~ p e rs which were lying around the place. How~ver, having he~ rd that a train had 14 passed over that particular section shortly after the 1) oxplosion, I assumPd that the extent of the explosion 16 was rather small. And then I should say that 2' met ers 17 of the r ail was r epaired 7because ,1n order to make 18 the cxahange of r ails at that particular point effective, 19 an extent of 25 meters was necessary. That is why 20 I use> the words 11 25' meters." However ther e was -- 21 the rail was a double-track rail and the eastern 22 track was damaged, but on the w ~ ste rn track there was 23 no damage at all; and this eastern track was the one 24 ~ that was -- and the damaged eastern line was the one going to Mukden and I recall that ther e was discussion 19,644 OYAI!A CROSS

of tho fact t hat trains hnd passed over the rail short- 1 ly aft erwards because the other one of the tracks 2 3 had no t b ~en sPver ely damaged . You say that some photographs wore taken. 4 Q 5 Wher e are they?

6 A These photos we r e attached to the r eport 7 at the time the r eport was t ~nd e r e d. -•• 8 Q Do you know whether ther e ar e any copies 9 of them available noVI?

10 A I think that ther e is one copy somewhere.

l1 Q Wher e? 12 A I imagine that copies of the pictures are attached· to the Lytton Report or some report. 14

15 16

23 24 OYJ"MJ" CROSS

Do you know that these photographs were shown G 1 r to the i.!'l'lericnn journalist s b(;fore they were taken out e 2 c to see the spot? n 3 b J~ I do not know because I ne-cr had at that time e 4 r seen any newspapercen, either Japanese or foreign. g 5 Q & 6 Now, with rcga1·d t o those corpses of soldiers,

B 7 you say that the first spot of blood that you sew was a r 8 not mo r e than twenty-six meters 'r rom the scene of the t 0 9 explosion, ls that right, and quite close to the rail n 10 way track?

11 THE PRES IDE.NT : Not t wenty-six meters, Mr. 12 Carr; one meter from the repairr. .

13 MR. CO~UNS CiXR : Yes, twenty-five in the 14 middle of the -- if the spot was in the middle of the 15 alleged repair, yes. , 16 Q How far from uhat you think was the scene of ~ · ~ 17 the explosion did you find the first spot of blood? 18 J" I have no po sitiv ~ lmowledge at all except 19 to the extent that I rep' lied to t he questi on put to 20 me by the President. 21 ~ J.nd in your answer to that question, did you 22 mean that it was one meter beyond the end of the r e 23 pair, the twenty-five meters of repair? 24 A Yes, that is what I mean. ~ Q And how far from the r ailway track was it? 19,646 OYAMA CROSS

h As to the location, it was just somewhere 1

2 besides the tracks -- ther a was a r on.d around th:J.rty met ers wide just beside tho tracks, and there was 3 4 ballast piled up around the railroad, and it was in

~ this vicinity, just around this section. 6 Q Was it on the side of the r oad nearest to

7 the track?

8 A Railway tracks, as you know, have a certain

9 fixed width with sleepers and r ails l aid over them,

10 and that there is a small pc~sagcway thirty meters 11 long -- thirty met ers wido beside this, and that there 12 are ballasts piled up along side the r ailway, and it 13 is in the vicinity of this section near these ballasts 14 and tho roadway that I saw theso clots of blood. 15 Q Now, does that apply to all the clots of 16 blood you saw? Wer e they all near the r ailway track ti 17 like that? 18 A Yes. 19 Q Now, in r egard to the corpses, wer e they also 20 all near the railway trnck? 21 A No, not on the r ai lway tracks, but to the east 22 of the r ailway tracks at a lower level where there is 23 a road, and it was on one edge of this road. 24 ROBERTS : May I interrupt for one momont, 25 tm. please ? 19,647 OY/~MA CROSS

1 THE PHESIDENT: Mr. noberts. 2 1.m . ROBERTS: Tho prosecutor has asked the 3 witness concerning certain photographs r ef orred to 1n 4 his affidavit. I have her e certain photographs which 5 arc not complet ely processed; but, perhaps the witness 6 can identify the phot ographs we have , and we can offer 7 the originals l ater on, and Mr . Carr, perhaps, can 8 cross-examine him mor e «ofinitoly on these photographs. 9 THE PnESIDENT: Wo must l eavo that to Mr. 10 Carr for the time being. 11 ID. COMYNS CARR: Your Honor, it is not very 12 convenient that what ought to be exhibits to the 13 affidavit should be produced piecemoal in this mo.nn e ~. 14 However, I will make what use of them I can. 15 16 BY MR . corm1s CAnR (Continued): I am afraid I missed your answer. How far .r~ 17 Q

18 from the railway was the first of the corpses that you

19 r c ferr~ d to? 20 A The railway was laid out on a sort of a mound.

21 On th0 e dg~ of this mound, a v ~ ry short distance away,

22 ther e \'las a road. In the center of the road there 23 were ruts made by wheels of some cart or a wagon, and

24 the head, hands and fe~ t of the corpse was buried 25 under the mud on the east rut of this road.

Q I s~ e you say "about two meters from the 19, 648 OY/l!!h cnoss

tr ~ ck"; is thc.t right?

1 1 A Yes , I think it is j~st ~ bout that distance. . 2 Q Now , about these ruts in the mud , had they 3 been t1ade r ecently? 4 A Of course, there are mnny old ruts and new '.) ones; and , since ther e was some vehicul ar traffic over 6 that, I don ' t lmow whether they were new or old because 7 there were a number of then. s Q k1d the mntcrial !1 for the rvpair of the track 9 1been brought up in certs? 10 /1. Tho. t I do not lmo\'I bec::tusc I was not ther e at 11 tho time . 12 Q Now , the second corps ~ , wa s that nlso on this 13 some road by the side of t he r a ilway? 14 A It was in a mud puddle on tho side of the

road on the opposite side 0f the r ailway tracks. 16

17 Q JJld the third corpse , Vlhcre vms that in I 1 ~; rt-l~tion t o the r c ilway tracks? 191 J... Of course , ther e \'JllS this road conti nuing w par a l lel with the. r ailway line , and tho corpse wns 1 I 21 1 found in a pudd l e of wat er t o th0 cast of this r oad

22 which I shoul d say was a distanc<.. of ten sorne- odd

23 meter s f r om the t r uck.

24 Q That w~s tho third one .

A Yes . 19,649 OYiJJA cnoss

Q Now , did you notice some tields of ko.o-liang 1 grass in the neighborhood? 2 THE Pl1ESIDENT: ~ro you comine back to tho bl ood spots, l'.r. Carr? 4 MR . C01.f.iNS CJJU1: Oh, yes. This is in cor.nection with them, your. Honor . 6 A Yes, I know thct thore was a lmo-ling field . 7 Q And th~t is a tall grass , is it not? 8 ii. 9 Yes , that is so.

10 Q How far avmy were they from the railway

11 t r acks?

12 1~ CoMparo.tivel y nea:t:' the railwa~r tracks.

13 Q Were they on the far side of this road that

14 you have been spec.king of?

15 A Yes, there were kao-liongficlds both on the t6 east and the we~t side of the r ailway lines, and there 17 were a number of them , and I am now referring to the 18 points eest of the railvmy line. 19 Q Yes . The fields were al l on that side 20 were beyond the road, then? 21 A That is so. 22 Q Now, listen to Lieutenant KA'i/kMOT0 1 s account 23 of the fighting, 24 THE MONITOn: Ur. Comyns Carr, is tho.t a

very long passage, sir, that you a ~· e going to quote? 19 ,650 OYAMA cnoss

rm . COMYNS CJJm: No, I am going t o summarize. 1 I Q (Continuing) He snys that , when they heard 2 the explosion, they r o.n back al ong the line about two 3 hWldr ed yards, and t hat , on ar r ival at the site of 4 the explosion , t hey wer e fired upon from the fiel ds 5 on t he east side of the line and t ho.t they returned 6 the fire , so that, if these throe men you say you 7 f oWld -- t hese three corpses - - wer e killed by the 8 fire of Lieutenant l

12 this is ar gumentative mor e thAn a question ; cer t ainly

13 not asking for a sta t ement of f act.

14 THE PRES IDENT: This is t esting credit in the

1 ~ usual way. The objection i s overruled .

16 Q Wer e ther e ~ny J~p ane s e casua lties in the v" 17 fighting in that i mmediat e nei ghbor hood?

1 ~ 11 The f act tha t these cor pses wer e f oWld near

19 the r oad west of the kao -l1~t t e ld s , we pr esume tha t 20 t he soldiers, or at l east one of t hem , wa s on the ra il 21 way t r acks and others wer e either on or near the r ail 22 v1ay tra cks a t the t i l1'le ; and those sol di ers, who wer e 23 eithar on the r ai lway t r acks or neo.r the r ni lway 24 t racks, wer e shot at . Now, who. t Lieutenant KAWJJ fO TO 25 r ef er s to a r e probably sold:l.ers in ambush in the field. cnoss

They are the only ones ho refers to as having 1 been shot at . Isn' t it true that thoir bodies had 2 been moved t o tho placo you say you saw them? 3 No , we r ecognize absolut ely no evidence thP.t 4 bodies were moved, and wo gave special care in the ~ i nvestigati on of this particular point. 6 Q Do you know tho.t the American journalists 7 also inv c stignt ~d that pnrticulur point -- 8 1~ I do not lmow anything about Amei:ican journa- 9 lists making cny investigation. 10 Q and that they said they couldn' t find any 11 12 blood? A As I said before, I have not had any oppor- 13

14 tunity t o soe or to talk or to discuss matters with u American journaljsts. As u matter of fact, the 16 Legul Affairs Bureau of the Kwantung Army conducted ...... ". 17 judicial matt ers only, and we did not engage in any

18 diplonntic or other r el ationships with the outside,

19 and, therefor e , I have had no opportunities wha t~o 20 evcr to meet American journalists. 21 J.fil. COMYNS cAnn : Your Honor, I do not think 22 I can make e.ny use of these photos without nor e 23 opportunity of examining them . ·ther efore, I will not 24 ask nnything further. 2~ . THE PnES IDENT : Mr. Carr, bef ore you go , the OY/J41. ' cnoss

------posi ti0n of the blood spots su1rn,Jsts th1t the Chinesu 1 soldiers, if they woro tho culprits, were right 2 agninst the explosion when it tock place, but the 3 wounds or the blood was caused by rifle fire. It is " most unusual for ~en who are using dynamite or other high €Xplosivos to blast to stc.nd alongside.

BY Ml' . CO!Mm CJJIB (Coutinued) : 7 Q Witness, you heard what the President said. 8 . Have you any 0xpl o.nnti on to offer of that? 9 It can be assumed that, after the dynamite -· 10 tho explosive had been placed at the particular point 11 where the oxplosicn took pl ace, that those who planted 12 the cxplosivo would rcmovo thems elves to a point which

14 would be outside of danger. But it also can be as- 15 sumed that, after thn explosion t ook place, these sace 16 men would return to the scene to see the effects of •' 11 the expl osi on. And it was our judgm, nt upon investi-

18 gation that these Chinese soldiers were shot by rifles

19 on the ~ssUL1ption that th&y had returned to t he scene 20 of the explos1.on af t cr the explosi on had taken place, 21 and that at that time Japanese railway guards rushed 22 t o the scene and sh0t at Chinese soldiers who were f l eeing t oward the north, and it was three of these soldiers who wer e shot deud in and around -· or near th::i.t ar ea.

L 19 , 6~3 cnoss OYi~Mh - --- Then, do you assume thr t those Chinese soldiers, having carried out tho explosion, would 2 como back t o the scene of the explosion to be shot :3 I there by the JapnnesE. guo.rds who would be sure t o

J rush t o find out what it wns? I do not know whether the Chi.nose soldiers 6 I who were neo.r thnt place th~ms e lv e s kn0w whether 7 or not ther e V1€re J o.pc.nese guards in the vicinity. 8 Hov1 evcr, we r ecognize the f nct that they undertook 9 I 10 t o explode that particular section afte1· having

11 ascertained that ther e wor e no J apanese guards in

12 tho vicinity.

13 14

15 16

21 I 22

23 19 , 65'4

O YA l~ ChOSS

I Q But "e know t hat tl' er e we:- o Jaoanese guards D u 1 I 1n the vicinit y. ilidn' t you knov1 that? d 8 2 A At tho time I was participating in this in- ; 0: vest:l.gation such doubt did not arise in my mind at ell. VI Q I am not asking ycu about a doubt. I am asking h a ycu \:hethcr you didn't know the fact, which was part 1 e of the case of your own side, t hat ther e vtere Japanese ~ 7 · ~ n guards in the vicinity? 8 A Yes . Of course, I heard lat er that there 9

that tice I do r ecall that when the Japanese railway 11 guards heard the exnlosion and rushed back toward that 12 spo t \1here the explosion t c.'ok place they said what appeared t o them -- they spoke of what appeared to tblD 14 as Chinese sol

1s from Lieutenant General KAHAMOTO or any of his men 19 before you made this r e'.)ort. Are you now saying t hat

20 you did? 21 A What I just said. now wa s v1hat I heard after

22 the r eport had been completed, or the investigation 23 had been completed and the r eport made . I answered 24 in the way I Ci.id this morning because rou asked me whether they were interviewed bef ore the report was made. OYJJJA CltOSS

Q Oh, 1 see. Then i s .1.. t '.rour idea a s a lawyer t o nak (; t he:. r eport f irst and cc llvct the evidence 1 . aftr;r war ds? 3

'1 ThE PltESl.lJE~T s Unless you have exami ned

5 i::yenit nesses, wha t use wer e you ther e'?

6 ThE IN '.l.'ERPl\ETER : t''i did not say i nvestiga

7 tion." That was t he: stateme nt of t ho vli t nos s bef or e

8 the Presi dent's r emark.

9 Till!: ?RESILENT : Whet u~o ful purpc·se could you

10 have served ther e unles s you examined eyewitnesses?

11 Tli6 wITNE$S : Yes, t o mako a study of the 12 s pot. 13 Q Frcm whom do you say tha t you after wards 1'i heard t hi s st or y about the Chinese scl di ers r unning 15 along the.. r ail vrn y line?

~ 16 \ A I have no recol lecti on as t o w~om I heard ..-/ 17 t his from . 13 Q Do you know that i t is entirel y contrary t o 19 the story thoy t ol d tho Lytton Cc.. mmission? 20 A That I do ·1<.•t know. 21 Q Do you th ink i t likdly t hat men running away 22 from peopl e vii th rifles would make good targets of them 23 selves by comi ng out into the open from the ccver they 24 had .i n the fields? 2~ A I do not know , although I dv not think that 19,656 OYAt.lh CROSS

that could be so.

1 THE PR.8SIDE1.. Ts The !embers of the Court 2 desire to ask several questions. 3 What was the kind of explosive that was used,. 4 Vias it dynamite or gelignite? ~ A I am not en expert on explosives so I do not 6 know. 7

11 12

' 16 17

2~ 19,657 OYAMA tROSS

THE PRESIDENT: Well, how do you know it was 1 2 caused by an explosive? THE WITNESS: Ther e was evidence to the that explosives wer e used in the destruction 4 effect - these evidences of the railway and sleeper s because ' and the sleepers 6 wer e found on the ends of the rails that 7 which wer o destroyed. The investigation at ~ ' 8 time was undertaken by eight men -- nine men including the 9 clerk -- and among these investigators wer e army men

10 who war e familiar with explosives, and it was his view

11 that explosives w e r ~ used in wrecking the r ailway.

12 All eight men agreed to the r eport as finally drawn 13 up and signed tho report as such without any objections.

14 THE PRESIDENT: Did you loolc at the identi- 15 fication disks on the dead Ch inoso soldiers? 16 THE WITNESS1 No.

17 THE PRESIDENT: Didn't you thi nk it was

18 orthwhile to investigate who they wer e so that you l9 could t oll the world that they wer e Chinese soldiers?

20 THE WITNESS : Naturally, that investigation

21 ust be mad e , and at thAt time we came to the con-

22 clusion that they wer e Chinese soldiers because of Z3 their uniforms and the e qui~mo nt they had on them.

24 THE PRESIDENT: But you d1dn 1 t look for any

25 identification mark of any kind, apart from the uniform? 19,658 OYAMA CROSS

Wor e you given any r eason why tho bodies wor e l eft on 1 tho road for five dAys? 2 THE WITNESS: Wo r ecognized these corpses 3 as t hq t of Chinese soldiers from the arms they c3rriad; 4 for inst a nc ~ , their bayonet, the ir equipment, their uniform, et ceter a . And the f act th3t these corpses 6 wer e l eft lying tnor e without moving them for sever a l 7 days is because the Ja panese Army As a matter of custom I s had pursued the policy of l cA ving anything untouched I 9 in case of nny w1toward occurrence or unusual occurrence I 10 as this had been until investigat ion had bean 11 complet ed . These f acts wer e well known by the 12 r esponsible authorities of the ar my, and at that time , 13 at the time the i nvestigation wa s carried out -- this w:- s shortly after the outbrenk of the incident -- very 1 ~

16 strict surveillance wos being carried on in that area tr ~ nsit 17 3nd of people were very car efully kept.

18 THE PRES I DENT : A colleague desires the 19 following questions to ba put to the ·.·1 itne ss :

20 //;Js the Lytton Commi ssion informed of the

21 di scovery of the three daad Chinese soldiers? When

22 tha t commission was operati ng, wer e th ~ r e r umors thnt 23 tho Japanese wer e r esponsible for the explosion?

24 THE WITNESS: I hav <~ never heard anything to 2) that effect at that tima. I have never heard at the 19 ,65'9 OYAMA CROSS

1 time the inve stigati~n was mad e , that i s , on

2 September 23, that the oxplnsion of the railway

3 t he Japanesa wer e r esponsible for the explos ion of 4 the r ailway. 5 MR. COMYNS CARR: Your Honor, that conc ludes 6 my cross-examination. 7 For the inf ormAtion of the Tribunal, t he 8 questions I hAve been putting about the party of 9 j ournalists ar e based on pagos 3,210 and onwa rds of 10 tho r ecord. 11 THE PRESIDENr: We will recess for fifteen 12 minutes . 13 (Wher eupon, at 1445', a r ecess 14 was t aken until i5oo, after which ·the 15 proceedings ·were r esumed -as f~ll~w s:) 16

22 23

25 OYAJ!A REDIRECT 19,660

s lfARSRAL 0 i' THE COURT : Tho International p 1 r Military Tribunal "or the :tar Eost is now r esumed . ll 2 t THE PRES IDENT : Counsel BANNO . t 3 MR . BANro· I shall conduct a redirect e: 4 exami nation on one or two points . y } e REDIRECT EXAf!INATION 1 (j d BY Jr:R • BANNO : e 7 n Q 'l'itness , did Chinese soldiers usually 8 nr. ' have identification discs on them? 9

10 A There is no systet'll o:: identification discs

11 in so tar as Ch:tnese troops are concerned. Japanese 12 troops have identification discs but, as I understand,

13 they are used only i n war time and no t in peace time.

14 Q · According to the cr oss- examination of the

n prosecutor it s eemed ~ s if there was doubt concerning 16 whether the three corpses in question were carried 17 to the point wher e they wer e . Coul d you gi ve proof ' 18 to t he fact on which you b~ sed your conclusion that 19 they wer e not carried there? 20 A Believing that to be a very important point 21 we gave very great care jn t he investigation of that 22 particular point. By olll' observations conducted at 23 . that time it seemed that r ain fell shortly before the 24 incident and the roadways were extremely muddy. When 25 we observed the position and the conditions of the 19,661 C'YAnA REDIRECT

I"-first corpse that we came upon ~1~found that the hana s, head and feet of the corpse was inside of the 2 mud and was lying along the whe el ruts which were made 3 there in the mud. One point that I wish to mention 4 is that the head, hands, and feet of the corpse was sunk in the mud and in that position the mud dried ( and was sticking to the corpse. The cheC'lt which rested 7 on the mud and slightly sunk in the mud was seen and in that position the blood r.rhich had been vomited or 9 had been emitted by the corpse from its mouth and nose 10 were permeated aroune bis cheek and permeated in the 11 mud in. that same position. My second point is that the blood Hhich had been nm1tted by the soldier had permeated the ground at the exact point at which he 1'1 laid on the ground, his corpse laid on the ground, l ~ 16 and tliat the blood vrrich had permeatec into the ground 11 vras of a blackish-red color. From that we judged

1R that four or f ive cays had elapsed and from the color

19 of the blood we confirmed that some four or five days

20 had elapsed. The third point is that there were a

21 .few water puddJ.es or mud puddles still left as the 22 result of the rain and that the head of the corpse was 23 stuck in the water and laid in that position, and 24 because of that condition of the corpse various growths 2'.> took place on the face of the corpse. :!.i'rom that we 19,662 OYAMA REDIRFCT

judge that the corpse had not been rm:ioved . Further 1 more the vicinity in which the incident took place was 2 carAfully restricted and all pedestrians around there 3 ,. ere prevented f rom entering that particular area; '1 and, tterefore, the positions of these corpses were ~

( left untouched until our investip,ating party arrived

7 there. J'rom t hat we judge that the bodies had never 81 been removed. 9 :rm . BANUO: Redirect examination is over.

10 May the witness be permitted to leave the court?

11 However, we should like to reserve the rir,ht of re 12 calling this witness in the Pacific vtarfare and in the 13 individual defense phase of the case. llf THE PRESIDENr: He will be recalled if that 1) is necessary in the interest or a fair trial. He is 16 released on the usual terms • • 17 Mr. t!attice. IR MR . MATTICE: If the Tribunal please, I 19 desire to call attention to the order of proof and the 20 runnine comnientar y on this section of the case. The 21 ~ocuments listed on pages 1, 2, 3, and 7 -- they are 22 the 204 series and the 300 series -- have not been 23 offered for the reason that processing thereof has not 24 been completed. We also have the matter of taki ng the 2~ deposition of the witness ISP.IHARA . With the exception 19,663 OYAMA REDIDECT

1 of those matters and one more witness ~ho will next 2 be called, the "!i tness WACIII, and if ue may reserve the right to offer these documents or some of them end procure the deposition of the witness ISHIH.4RA

at some later and convenient ti~e, this section may be considered concluded. 7 I THE PRESIDENT : When are you going to present the draft commission to take t he evidence of ISHIHARA?

~m . nATTICE: As soon as we have had time JO to prepare it. 1 ! Mr. HAYASHI will examine the witness WACHI . 12 MR . HAYASHI: I wish to summon witness WACH! at this time.

1';

16 I 17

2:> I__ _ 19,664

·. ;. c~.I l)j, •. ~C'J.'

1 TAKJ\JI V/J\CHI, called as a witness on sworn, 2 .. behalf of the defense, being first duly 3 testified through Japanese interpreters as 4 follows: s DIRECT EXAUil!ATI ON 6 BY i B • HAYASHI : 7 Q Your name? 8 J\ '''ACHI , Takaji. 9 Q Your age? 10 A Fifty-four. 11 Q Whe re do you live? 12 A Sugarao. 13 HR . HAYASHI: llo.y the witnoss be shown 14 defense docunent No. 869? 15 Q Is that the affidavit which you have signed? 16 A Yes. 17 hIR . HAYASHI: I produce in evidence defense 18 docuoent 869. 19 THE PRESIDENT: Mr . To.venner. 20 JlR . 21 TAVENNER: If your Honor pleases, this 22 docur.ient, I think, is the nost unusuo.l affidavit that

23 I have ever seen. It consists of a series of negative 24 statements which, if accepted, still prove nothing. THE PRESIDENT: I see one positive statement: • "The aitt of the October Incident was to remove corrupt 1l1ACHI DIRECT

politicians •11 1 MR . TAVENNEl" : There arc sono statenents in 2 the affidavit, of course, to which thllt statement of oine does not apply, but thoy are few ond far 4 ~ between. I call the Tribunal' s attention particu- 6 lnrly to paragraphs ?, 8, 13, 15, enc 16 . Of course,

7 if the Tribunal is of the opinion thnt these ~attars , s are of probative value I shall have to cross-examine

9 on those r:ia tters .

10 THE PRESIDENT: It also deals with the

11 policy of the Snlrura-kai :6ssociation. There are

12 many positive statenents which bear on issues, but

13 it is a natter for the Tribunal. The Court thinks 14 it is r el evant. The ob jection is overruled , and the

1 ~ docur.ient admitted . 16 CLERK OF THE COURT : Defense docucent No . 869 17 will receive exhibit No . 2424. 18 (Vlher eupon, tho docur.ient above 19 referred to was marked ~e fense exbibit 20 No . 2424 end r eceived in evidence.) 21 MR . HAYASHI (Reading) : 11 AFFIDAVIT 22 "l. I was Lieutenant General at the tir.ie 23 when the war ended . 24 "2. I assuried the post of battalion com raander of the 63rd Infantry Hegi ment at the city of . l".'lCH! - -- DIRECT 19,666 I l'atsue in August, 1929 (the. 4th l'uar of Showa), be 2 ------caco a menber or tho Starr 0ff1co in April, 1931, 3

4 "3 • Col on el HASIIIIJOTo , 1Cinao1•o is my senior Olld is also an 1ntinate friend of nine. ' 6 "4. t.ftor I booauo a ttor.iber of the General

7 Starr Office, I occasi6na11y attended neotings held 8 Society)by tho society. ca11Gd Sakura-kai (the Cherry Blossons

9 JO "5. Sakuro-kai was a discuas1on 1:1eet1ng lJ concerning the r ofor1:1ation of dot1estic affairs.

12 Consequently, thoro was no occasion at which the • 13 wereProble1:1s studied dea.lin g llith Uancbur1a and other co11ntries 14

I' "6. Sakura-ka1 was a gathering of YoUng 16 officors below the rank or Lieutonant Colonel and • 17 there were no rules as to tho regu1a t1ons or the 18 member ship fees ot the soci ety. Jllso, it was not a secret society. 19

20 "7. Sakura-kai had no connection whatever 21 With the IJanchurian Incident. Ne! ther was there 1111y 22 connection With the Kwant11ng l.roy. No one connected 23 With the Kwnnt11ng Army onJoYed its cembership. 24 "8. Colonel HliSHIIJOTo , ICingoro had never ~ mat ITJ!GJ\KI , Seishiro, DOi!rl!Mt., 1CenJ1, ISHIHARA, ·--KanJ1- , ------otc. of the Kwant11ng Jlrr.:y at a bout ------the ti1:1e

24 - 1·- te am.. 2) c oncre id0red • not as ye t been cons 19,667 ,.. 'CHI DIRl::CT

wh1Jre the I.cnchurio.n Inc1Jont brok~ out . :.lso, 1 there was no occ::ision :t which thd liaison was es 2 tablished wtth thvse people by nucns of t~l~phone , 3 telegrcm or by nny othur neans . 4 " 9. During U .:it t>eriocl, I ... nc: HASEn.:OTo , ~ Kingoro were on Vt;;ry intir.!!l tld tHrns in both official 6 :--nd !Jrivn t~ c ff~.irs s0 tho.t I know about these natters 7 v.ory viell. 8 "10 . I w:is reprimincfoc! alon .., with HJ.SHI- 9 L0TO , 1:1ngor o :me othurs on the ch::irei~ of the 10 October Incic,ent. H!.SHII IOTO W:\S subjected to heavy 11 C:isciplinnry confineuent for twenty-five days and 12 rult3go.ted w the himeji reginent. 13 "11. The ::i ir' of u.e October Incident was 14 to renove corrupt politicians from the po~it i co.l 15

16 pnrties and to reconr:!end Lieute nt:'.nt Gener al /JL'.KI ,

:i r~ n of uniopeach~ble ch::ir acter, to head o. new • 17 gov~rnr.ent . Howe v~r , h£.SHII.:OTO rev C:!c. lec~ ·this plnn 18 .. 19 to Lieutenant General ~/J<.I, Lieutenant Gener al 20 1.RJJCI told it to Einis tcr of .,! or riI N::J:I, c.nc~ th:. t

21 night ~~inis ter of r·;:ir 1:nL~II orC.ered thu i .~ ilit :. ry 22 :)olice to :.rres t us so th~ t t h'3 further devt.:lo;,ment of 23 the InciC.ent wcs checked th0r0. Consequently, the 24 concrete anc: pr::icticnl r.:~thoC. of its execution hnd 2~ not ns yet been considered . 19,668 WACH! DIRECT

11 1 12. Mr. 01<.J\'1/A , Shunei had no connection

2 wit~ the October Incident. For fear that the infor- 3 rnation might leak out through civilians it was de-

4 cided not to include a.ny civilians at all in this

5 plan. HASHIUOTO, Kingoro said that the f ailure of 6 the Uarch Incident was due to the f act thot they ho.d

7 included civilians Qnd therefore it was deened proper :< • 8 not to hnve any civilians this tine . 9 11 13. Ht.SIII1.0TO, Kingoro sai d that t '.,e to March Incident was a r;;:>Ve which o.ttonpted to form a 11 new cabinet under the l eader ship nf General UGAKI , 12 Issei und to r emove corrupt politicians from the 13 political parties, but it was suspended at the stage of 14 a mere plan. However, I on not acquainted with its 15 details. _,. 16 • "14. The notive of tho October Incident was 17 • basod on the fact thD.t both of the political parties, 18 Seiyukai and L11 nsei to, v1ere absorbe

22 was o. move to exclude Precier VIAKATSUKI , Reijiro, who

23 was a typical example ~f the corrupt party politicians, 24 and there was no connection whatever with the Mo.n-

2.:> churian Incident. "15', Captain CIIO Isanu was one of ClY 19,669 VIACHt DIRECT

intimnte friends . Cnptain CHO wo.s dispntched to 1 Pelcin as a study cormitteo o.t the beeinning of 2 Augus t, 1931 (the 6th Yonr of Shown ), and returned 3 to Tokyo nt the early pnrt of Octobor of the sru:ie 4 yenr after the Uanchurian Incidont started. There- 5 6 fore, he h..~d no connection whatever with the ?fon-

7 churian Incident at its outbreak.

8 "16. Uo. j or Genoral T/J!AK.i'., Ryukichi hod no • 9 c onn~ction with tho Salrura-ko.1. He is a junior of

10 HASHIDOTO, Kingoro, but HASIIIf lOTO is not his close

11 friend." 12 lffi . HAY/1SHI : The prosocution nay cross- 13 exanine. 14

15 16

22 23 24 19,670 WACH! CROSS

K THE PRESIDENT: Mr . Tavenner. a 1 p CROSS-EXAMINATION l 2 e BY MR. TAVENNER: a 3 u Q General WACHI, what official nosition did 4 & you hold prior to your o.ppointment to the general

G staff in 1931? 6 0 A I was a battalion commander of the 63rd 1 7 d b 8 Regiment at Matsue. .. e THE MONITOR: Infantry r egiment. r 9 g 10 Q Where is Matsue?

11 A In Shimane Prefecture. 12 Q Did your duties require your presence in

13 Tokyo during that period of time when you were

14 battalion commander?

1~ A No. I do not know. 16 Q When you were assigned to the general 17 staff in April, 1931, what was your rank? 18 A Major . 19 Q And in what branch of the general staff were 20 you employed? 21 A The China Section of the Second Division. 22 Q Was Colonel HASHIMOTO connect ed with that 23 division? 24 A HASHIMOTO was in the European-American Affairs Section of the same di vision ..· 19,671 WACH I cnoss

Q When did you first learn to know Colon•l 1

2 HASHIMOTO? A When I was attached to the general staff 3 4 office, 1923 and 1924--from the end of 1923 to ' July of 1925 when I was with the General Staff.

6 Q Between July, 1925 and April, 1931, were 7 you closely associAted with Colonel HASHIMOTO? 8 A I never met him during that period.

9 Q You state that you attended meetings of

10 the Sakura-Kai. WAre you a member of that society?

11 A Yes , I was a member . 12 Q When did you become a member ? 13 A April, 1931. 14 Q You state that the Sakura-Kai had no connection 15 with the March Incident. You were not a member of 16 the Sakura- Kai even at the time of the occurrence 17 of that incident, were you? 18 A No, I was not a member . 19 Q Therefore you have no knowledge of your own 20 on the connection of the Sakura- Kai with the March 21 Incident? 22 A Not directly, but I heard of it f rom RASHIMOTO . 23 So then what you are stAting under oath in 24 Q his affi davl t is what HASHIMOTO told you in connection 25 ith the Sakura-Kai? 19,672 \VACHI CROSS

A Anything prior to tho l(iar ch Incident I heard 1 from HASHIMOTO . 2 Q Well, do you say also i ncluding the March

4 Incident? A Yes. 5 Q Who was the founde-r of the Sakura-Kai? 6 A The founder was HASHIMOTO . 7 Q Did HASHIMOTO tell you that he took part in 8 9 the plotting of the March Incident?

10 A I have not heard of it. 11 Q Who were some of the other members of the

12 Sakura-Kai? THE Pr.ESIDENT : Put your question in some

14 other form, Mr . Tavenner.

15 Q I withdraw that question and I will ask 16 you i f you attended -- if General NEMOTO was also 17 a member of the Sakura-Kai? 18 THE MONITOR : Will you please spell that 19 name out, Mr . Tavenner ? 20 MR. TAVENNER : N-E-M- 0-T-O . 21 THE MONI TOR: Thank you. 22 A Yes . 23 Q Did you understand from HASHIMOTO that NEMOTO 24 was one of the planners of the March Incident? A I have never heard of it. 19,673 WACH! caoss

1 Q Was Lieutenant Colonel TANAKA , Kiyose a

2 omber of the Sakura-Kai? 3 A Yes, he was. 4 Q Do you know what part TANAKA played in the

5 arch Incident?

6 A No. 7 Q A secret record of the Japanese Renovation 8 ovement was written in August, 1938 for the Section 9 or the Maintenance of Public Peace of the Bureau 10 f Police Affairs of the Home Ministry. This was 11 ntroduced in evidence as prosecution document 12 and 12 s exhibit ·•183. This secret record relates to the 13 herry Society, the Sakura-Kai, and it states that he Cherry Society is an organization which has 15 ad great influence on the March Incident and the 16 ctober Incident., ••• " 17 In view of that finding do you now desire 18 o change your statement about the connection of the 19 akura-Kai Society with the March and October Incidents? 20 I don't know about the March Incident, but 21 A

22 t had relationship with the October Incident. Q It did have relation with the October Inci-

24 ent, you state?

25 A Yes. Q Now in your affi davit my r ecollection is that

L 19,674 cnoss

t you said it had no connection with the March Incident.

2 Do you still contend that? 3 A Yes. 4 Q Now you state in your affidavit also that Dr. OKAWA had no connection with the October Inci 6 dent? 7 A Yes, I so stnted. 8 G Are you familiar with the record of the 9 trial of Dr. OKAWA in 1934 for his participation 10 in the May 15, 1932 Incident in which he set forth 11 in detail his participation in the October Incident 12 and in which he also stated that he received his 13 orders from HASHIMOTO? 14 A I do not know. 1) Q Hm'.' can you state under oath that OKAWA 16 had no connection with the October Incident? 17 A The question is not clear to me. 18 Q On what information do you base your state 19 ment that OJ'U\Wh had no connection with the October 20

21 Incident?

22 A At that time I was in Tokyo and was r elated

23 with the society -- the Sakura-Kai and its activities

24 was on intimate terms and relati onship with HASHI MOTO and I can say very positively that he -- that is, OKJ,.WA had no connection with the October Incident. ---- ·-

L 19,67'5 \/ACH I CrlOSS

Q I believe you and Ht.SHIMCTO wrr e bo th arrestea 1 f or your participation in tho October Incident, were 2 you not? 3 A Yes. 4

11 12

14 n 16

19 20

21 22

23 24

L 19 ,676 \''ACHI CROSS

~ You state in your ~ffjdevit that civiJians l

2 were not to be used in the October Incident because 3 there was a Jeak of infor mation throuch civilians 4 in the Mprch Incident. Now, as a metter of fact, 5 wasn' t it decided that there would be no civilian 6 groups used in the October Incident except OKAWA ' s 7 civilian group? 8 No, that is not so. 9 Do you know that Tanaka KIYOSE prepar ed a 10 memorandum in J932 in which he stated thPt OKAWA 11 and hi s civilian group was the only civilian group 12 utilized in that incident? H A I do not know. 14 Were you familiar with the testimony of 1' OKA\'iA in his trial in 1934 as to t he part that he 16 claimed he plAyed in the October Incident~ 17 A I do not know. 18 O Are you fami liar with the fact that Doctor 19 OKAWP. spent P great deaJ of time in making propa 20 ganda speeches throughout Japan over a period of 21 sever al year s prior to the October Inci dent i n which 22 . he was endeavoring to ar ouse the peopJe i n r egar d 23 to the r ~ anchur ian pr obJ.em , as he Cfl)Jed it? 24 Before J went t o the Gener al Staff office 25 I was battalion commander at Matsue, and before t hat •------

L 19,677 '/!ACRI CROSS

1 I was in China for some time, hut I have never heard

2 of OKAVJA conducting or carrying on propaganda speeches

3 then or while I was serving in Matsue.

4 0 Do you know the pJAce ca11ed K-e-n-r-y-u-t-e-r

5 Inn in Tokyo?

6 l Yes, I have heard of the name .

7 Q Did you accompany HASHIMOTO to that place 8 and meet Doctor OKt.V:A there? 9 l I have no recoiiection. 10 n Do you ever reca11 seeing Doctor OKAWA 11 there? 12 P No. I cannot recall. 13 Q In paregraph 8 of your affidavit you make 14 the statement thet Colone] H!1SH I MOTO had never met u ITAG~KI, DOHIHl!RP, ISHIH/.RA, et cetera, of the Kwantung 16 f,rrny at or about the time of the Manchurian Incident • .j 17 To what other persons are you referring when you 18 use the eYpression "and so forth" or "et cetera"? 19 t I use the word u there because there were 20 thr ee men. 21 r I am not asking you about the three men. 22 That is perfectly pJain. I am asking you about the 23 language "et cetera." To whom wer e you r eferring? 24 J 25 MR . HJ'.Yf;SHI: wish to make an expJ a na tion concerning the question that has just been

L 19,678 WAC HI CROSS

1 asked . 2 MR. T/VENNER: If your Honor please, I 3 prefer to have the exp1enation by the witness. 4 MR. H/YASHis In the JapBnese language ~ when the names of over two persons are listed, it 6 is customary to put the word .tll after it. That 7 does not mean that there were others ref erred to 8 by thAt word . 9 THE PRESIDENT: Mr . Tavenner, does that 10 affect your attitude? 11 MR. TAVENNER: I wou1d much prefer to have 12 bed the answer from the witness. 13 THE PRESIDENT: 1•11e must hear counse1 v•hen 14 they come to the lectern. 1~ r It is exactly as defense counseJ has just 16 expJained. ~ · 17 Q Thank you. 18 Now, you don't know of your own knowJedge 19

20 whether or not HtSHIMOTO had met ITAGAKI, DOHIH~RA,

21 OR !SHIH/Rt. prior to !priJ 1931, do your 22 r I am a very intimate f riend of HASHI MOTO .

23 If I shouJ d meet him he would tel J me everything.

24 THE MONITOR : If he shouJd meet them he

2.5 v•ou1 d sure1 y telJ me a bout 1 t.

o Then, your testimony is based upon the f~ct

L 19,679 Wt.CHI CROSS

1 that HASHIMOTO didn't tell you whether or not he

2 had met those three ind1 vidual s?

3 I Yes. 4 Q Did HASHIMOTO te11 you about the directions ) he gave OKAWA? 6 t Such direction was never given.

7 Q How do you know? 8 /.. H/'SHIMOTO has pledged to me he win never 9 use civilians. 10 Q So again you are basing your testimony l1 on what Mr. HASHIMOTO told you. J2 Now, you aiso state in your affidavit that 13 there was no occasion at which the 1ia1son was 14 established with these people, that is ITAGAKI, 15 DOHIHt RJ., and ISHIHARA by means of te1ephone, te1e 16 gram, or any other means. Please te11 us the basis 17 of that statement by you. 18 t At the time of the October Incident I was 19 arrested and sent and put up at a Japanese inn in 20 Utsunomiya. ~t that place and at that time and 21 at the same place there were two other army officers, 22 23 namely, lieutenant AHtNO and Lieutenant NODA, put

24 up at the inn, and I was held there for fifteen ~ days. '!'his I ieutenAnt HASHIMOTO -- AMANO was assigned to the ·same section in the General Staff se ------·------

L '''/CHI CROSS

Ht.SHIUOTO and vrorked ns " sort of secr et1;1ry t f' l HtSHIMOTO. We spent fifteen dnys together 8t the 2 sDme inn without any p~rt1cU1'1rly -- without eny 3 business or Pnyth1ng to do, and /.MANO told me every 4 thing 1n the course of our discussions on. maay nnd ~ various subjects ~ bout tho October Incident end 6 ebout lll8tter s prior to the October Incident, and he 7

8 told n:e th e~ he , f.?Y NO , hod hAndl ed aJ 1 teJ ephone by 9 ce1ls, telegrams, pnd 1ettcr s s~nt out HASHD.!OTO, 10 ~nd told me very positivcJy thqt ther e wns no such

11 case as his having communicated '''ith such peopJ e.

12 THE PRESIDENT 1 \",'(' v:il 1 ad journ unt11 half-

B past nine tomorrow morning. 14 .. ( ~'he re upon, nt 1600 ·~ n ~ djournment was

1~ t eken Ul\tii Thursday. ApriJ -1 0, 194? ' 16 et 0930.) t:. 17 --- .. 18

19 20

21 22

23 24