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Llilitary Collllission COIOIAHDING GENERAL, UNITED STATF.S OF

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Llilitary Collllission COIOIAHDING GENERAL, UNITED STATF.S OF Detore the llILITARY COllllISSION convened by the COIOIAHDING GENERAL, United States Army Forces, Western Pacific ' UNITED STATF.s OF AMERICA ) ) vs ) PUBLIC TRIAL ) SEIICHI OHTA ) VOLUME V PAGF.s 374 TO 402 MANILA, P. I. DATE 31 !;ecerr:ber 1945' COPY NO• __6__ I J - AUTHENTICATION THIS CERTIFIF.S that this volume is a ,Ja1·t of the Official Record of the Proceedings of the Military Commission appointed by Para­ g1·aph 311, Special Orders l??, Headquarters, United States Army Forces, Western Paci.fie, dc::ced :'_? December 1945', in the trial or.. the Gase 01 United States of America against Se~. ~- ch-4.. Ohta. Yl~~i (Jr6tf cµ._ Colonel, Uni~ed S~ates Army President of Commission Duted .2. Y- .Tanuary 1946 • BEFORE THE MILITARY COJDaSSION convened b)' the COl&IAIDING GENERAL, United States Army Forces, Western Pacific UIITED STATES OF AMERICA ) ) vs ) PUBLIC TRIAL ) SEIICHI OHTA ) High Comm1ss1oners 1 s Residence, Jlanila, P. I. 31 December 194~ Ket, pursue.nt to adjournment., at 0830 hours. MEMBERS OF MILITARY COllllISSION: Col)nel Edward L. Supple, CAC, President Colonel F'rancis A. Hausej CAC Major Belmont S. Evans, r. , CAC llajor llark D. Null, QKC (absent) Captain Kilbourn Gordon, Jr., Int. FOR THE PROSECUTION: 1st Lieutenant Samuel B. Gill, Int. 1st Lieutenant Theodore J. Raczka, CAC FOR THE DEFENSE: Captain Matthew J. Walsh, QllC 1st Lieutenant Yandell Boatner, FA INTERPRETERS FOR THE COllMISSIONs Lieutenant c. F. Huston, Chief Interpreter Sergeant Susumu Bonda Sergeant George Baba Jesus Villereal w. I. Lavengco ..I'. OFFICIAL REPORTERS FOR THE COMMISSION: Marjoria Tittle Seymer L. Cash r ··1Tr:sssEs DIRECT CROSS P.ZD I REC T RECr.OE S Gc:.ston •::111oqu0t 388 399 400 GENEF\hL Mfidavit of ?~._ ts lido Junzo 375 Affidavit of Asao Nc.r. iki 382 Affida vit of \J~g 'l... ien Shen 384 P R 0 C E E D I N G S ~ha Commission convened at 0830 hours, 31 Decem­ ber 1945, pursuant to adjournment. COLONEL SUPPLE: The Commission will now be in session. LIEUTENANT GILL: Sir, all members of the Commission are present, the accused, his Comisel, and Counsel for the Prosecution. COLONEL SUPPLE: You may proceed. LIEUTENANT GILL: At this time, may it please the Commission, the Prosecution would like to call the Court's attention to the fact that certain statements were read into the record during the first two days of the trial which contained certain information of inci­ dents occurring subsequent to Septe~ber 30 which have no relevant connection to the issues before this Com­ mission. Ther efore the Prosecution moves that that portion of these statements containing r ef erence to events subsequent to the 30th of September be deleted from t he r ecord. COLONEL SUPPLE: Will you enumerate the facts and get the page numbers of the r ef er ence . LIEUTENANT GILL: At this time the Prosecution r equests a delay L~ naming the page numbers of the r ecord inasmuch as we do not have the complet e r ecord. I would like to have the motion in the r ecord bef or e the Prose­ cution r ests. COLONEL SUPPLE: The Commissioa cannot pass on it until the moti on states the r efer ences. 374 r LIEUTENANT GILL: I would like to request the Commission to reserve its ruling until such time as I can enumerate the r eferences. COLONEL SUPPLE: Granted. LIEUTENANT GILL: Sir, at this time I have the sworn statement of Uatsudo Junzo Tihich was taken on 30 September before Lieutenant Paul w. White and Theodora J. Raczka in Manila. I desire to incorporate a portion.of this statement into evidence and r ead it into the record. COLONEL SUPPLE: This uitness is unavailable? LIEUTENANT GILL: This witness is available. He is in LUPOW. However, he can testify only as to infor­ , mation that is already before the Commission. It is merely cxrroborative t estimony of previous testim~ny, and we feel it would be a Tiaste of time to have him here to testify. COLONEL SUPPLE: Does t~e Defense desire to comment on this? CAPTAIN WALSH: The Defense will object to the admissio!l of this statement. The Prosecutor has stated the vii tness is available . In the interest of the accused he should be allo,·1Cd to face as many of these witnesses as possible in order to cross-examine them. LIEUTENANT GILL: May it please the Commission, I would like to point out if the Defense desires to call this witness as their witness they are at ·liberty to have the witness summoned. COLOi~EL SUPPLE = The affidavit will be accepted by the Commission. 375 I (Whereupon Lieutenant Gill r ead said statement as follows : ) "Q Who was in charge of the party of soldiers that executed the Chinese Consul officials at the Chinese Cemetery? "A First Lieutenant Yanase . Lieutenant Yanase was the senior officer in charge and under him was the inter­ preter Takamiye and I wes under Takamiya. Takamiya was a civilian attached to the Army. "Q How do you account for the fact that a civilian interpret er had a superior rank to you as a warrant officer? "A Because in the Japanese Army many times civilians were attached and temporarily given the authority of offi­ cers, and Takc.miya had the authority of an officer. "Q Do you r ememb er the number of Chinese Consul officials who wer e executed? "A I am not exactly sure but I think there were seven or eight. "Q This happened about three o'clock in the after- noon ? I s that correct? "A I am not not sure whether it was morning or afternoon. "Q What was the chain of command from Lieutenant Yanase to Gener al Eomma? "A The chaiI1 of command \"-las from Lieutenant Yanase whose superior officer was Me jor Kodama in charge of the Intelligence Section, and then Ma jor Kodama was under Colonel Ohta who uas Chi-ef of Military Police . Colonel Ohta Y1as directly r esponsible to Gener al H~mma 's headquarters. 376 I "Q How do you know that these seven or eight men who wer e ~ xe cut e d were Chinese Consul officials? "A I did not know at the time but heard that they were members of the Chinese Consul later. From whom? "A I vaguely r emember that a report was made from Ma jor Kodama r egarding the execution of the Chinese Consul party and as I handled the documents I r emember r eading 1 t. "Q Then you actually saw the document reporting the execution of the Chinese Consul officials? Is that true? "A I don't remember too clearly but I am sure that I wrote such a r eport. "Q In the r eport did you sta'te that these were Chine se Consul officials? "A I think I did. "Q To whom was this r eport addressed? "A To t he Army headquarters. "Q Would t hat be Gener al Homma 's headquarters? "A Ye s. That would be Gener al Homma •s headquarters because orders came from his headquarters from the Military Police f orce and it was r eported back t o Gener al Homma's headquarters. "Q Then the orders t o execute Chinese Consul official s came from Gener al Hom.ma ' s headquarters, JS that right? "A Yes, because vie made a r eport to Gener al Homma ' s headouar t er s so I pr esume t het t he order s must have come 377 I down from there. "Q Who actually issued the orders from headquarters for the execution of the Chinese Consul officials? "A Major Kodama. "Q All of the soldiers involved in the execution of the Chinese Consul officials were members of the Kempei Tai, is that correct? 11A Yes. "Q These Chinese Consul officials were confined at Fort Santiago before they were executed, is that correct? "A I am not sure about that point, but they may have been confined at the Philippine University. I don't lalow where they were confined immediately before the execution, but when I came out of the building they were in the yard at Fort Santiago on the day of the execution. "Q Do you r emember whether their hands were tied behind their backs? "A They were already in a car so I did not see. "Q Wer e ther e not three cars that went with the executi on party? "A I think there wer f.: about four. It has been quite a while so I can't r ememb er exactly the number. " C} Do you think you would r ecognize a picture of any of these Consul offici als v1ho \Ver e executed that afterr.oon? "A I don't think I would. "Q This h e_ppened about the middle of April 1942, is that correct? "A 1 am quite sur e it was about that time. 378 ... "Q I am showing you a picture marked Exhibit A, Report No , 33, War Crimes Branch, JAGD. Do you recog­ nize any men in this picture who were executed that afternoon? "A I don't remember the rest or the men as it has been such a long time ago, but I think I remember this man (pointing at picture or Dr. Young). I remember him because he was the t allest man and he was standing in front of' the whole group. I don't r emernb ~r exactly how many were there but there were seven or eight, and he was the man standing in front.
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