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BEFORE the MILITARY COMMISSION Convened by Tho COMMANDING GENERAL U~Ited Statea Army Forca8 Western Pacit'io

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BEFORE the MILITARY COMMISSION Convened by Tho COMMANDING GENERAL U~Ited Statea Army Forca8 Western Pacit'io -- --- --~~ -----· BEFORE THE MILITARY COMMISSION convened by tho COMMANDING GENERAL U~ited Statea Army Forca8 Western Pacit'io UNITED STATES OF AMER ICA ) ) ARRAIGIDdE 1'lT AND VS ) Morio MATSUZAKI ~ PUBLIC TRIAL VOLUME I PAGES l TO 36 I NCL . MAN I LA , P . I • DATE: 5 August 1946 COPY NO : // ) t I HEADQTTJ\'RTEflS UNI TSD STAT~ S Amrr FOflCES WEST~RN PACIFIC Military Commission ) APO 707 : 21 Novembe r 1946 Orders No • • •• .•.•• 11 ) Before a M!iitary Commission which convened a t the High Commissioner 1 s Residence , Ma nila, Philippine Islands, on 5 August 1946, pursuant to Letter Order, General Headquarters, SCAP, AG 000 . 5 (29 May 46)LS '1at9C. 29 May 1946 , Subject: "Trial of Mo rio 11 Matsuzaki , with indorserr.ent thereto, General Headquarters, AFPAC : dated 29 May 1946 , and paragraph 2 , Speci al Orders 173, this head­ quar t ers, 30 July 1946, was arraigned and tried: Morio MATSUZAKI, I mperial Japanese Army, 51J-58500. C HARG~ : That Morio MATSUZAKI, ISN 51J-58500, formerly Ser­ geant in the Imperial Japanese Army, during the time and at the places hereinafter sp~cified and while a state of war eyisted between the Uni ted States 0f Ameri ca, its allies and dependencies, And Japan, di d violate the laws a r.:.d customs of war. Specification 1: (As amended) In that Morio MATSUZAKI , in the month of September 1943, during a time of war between the United States of America , its allies and dependencies, and Japan, did, at Barrio Alagin3y, Sara, :10110, Philippines, t orture and brutall y mistr eat Pedl"o ! RAYA , an unarmed, noncombatant civilian, in violation of the laws and customs of war . Specifications 2 to 6 were deleted. Specification 7: In that Morio MATSUZAKI, together with other membe rs of the I mperial Japanese Army, in the month of Oct­ ober 1943, during a t ime of war between the United States of America , its allies and dependencies, and Japan , did, at B~tan , Ca pi z , Phili ppines , torture and brutally mi s treat an unascertained number of unidentifi ed , unarmed, noncombatant civilians , in vio­ lation of the laws of wa r. Specification 8: (As amended) In that 1.fo r io UATSUZAKI, in the month of August 1943, during a time of war between the United States of Amer ica, its allies and dependencies, and Japan, did , a t or ne2 r. barrio Parara, Tigb3uan, Iloilo, Philippines , t orture and brutally mistr eat one TRISTEZA , an unarr.ted , i:oncombatant civilian, in violati on of the laws and customs of war, PLEAS To ull S pecL.' ica tions and t he Charge: "GUILTY" FINuJ NG 3 Of Specification 1, as amended: GUILTY Of Specif ication 7 1 GUILTY Of Speci fication 8 , as amended : GUILTY Of the Charge : GUILTY SENT:.NCE To be confined at hard labor at such places as the Reviewing Autho rity may direct , for a period of five (5) years . The sentence was adjudged 5 August 1946 . The sentence is approved and will be duly executed. Sugamo Prison, Tokyo, Japan, is designated as the place of confinement. BY COMrfA.ND OF MAJOR Gl!:Nf.RAL UOORE: J, G. CfffiISTIANSEN Major General, USA Deputy Commander and Chief of Staff OFFICIAL a I!.GGRHARDT Colonel, AGD Adjutant General DISTRIBUTION: Same as AR 310-50 and changes thereto, and 6 - CINCAFPAC 15 - Legal Sec, SCA? 3 - Legal Sec, AFPAC (Manila Br3nch) 3 - CG, AF"WSSPAC 3 - AG, AFW~SPAC 2 - PM, AFWESPAC 6 - Exeo . Off, War Crimes Trials, AF"J/1:SFAC 2 - co, Philippine Detentioil and Rehebilitation Center, APO 75, 2 - CO, LUPOW #1 I ,. .f / HEADQTTARTERS UN I T~D STATSS AU:·fY FOflCES "IESTSRN PACIFIC Military Commission ) APO 707 : 21 Novembe r 1946 Orders No ••••.••• 11) Before a Mi .l jta ry Commission whi ch convened at the High Commissioner ' s Residenee , M3 nila, Philippine Islands, on 5 August 1946, pursuant to Letter Order, General Headquarters, SCAP, AG 000 . 5 (29 May 46)LS <lat.9c 29 May 1946, Su".Jject: "Trial of Mo rio Matsuzaki", V1ith indorsement thereto, General Headquarters, AFPAC ~ dated 29 May 1946, and paragraph 2, Special Orders 173, this head· quarters, 30 July 1946 , was arraigned and tried: Morie MATSUZAKI, Imperial Japanese Army, 51J-58500. CHA RG~: That Morio MATSUZAKI, ISN 51J-58500 , formerly Ser­ geant in the Imperial Japanese Army, during the time and at the places he ~e inafter spacified and while a state of war existed be tween the United States 0f Americas its allies and dependencies, and Japan, di d violate the laws a::d customs of war. Specification 1: (As amended) In that Morio MATSUZAKI, in the month of September 1943, during a time of war between the United States of America, its allies and dependencies, and Japan, did, at Barrio Alaginay, Sara, :loilo, Philippines, torture and brutall y mistrea t Ped:i.--o !RAYA, an unarmed, noncombatant civilian, in violation of the laws and customs of wa r. Specifications 2 to 6 were deleted. Specjfication 7t In that Mor1o MATSUZAKI, together with other members of the I mperial Japanese Army, in the month of Oct­ ober 1943, during a time of war between the United States of America, its allies and dependencies, and Japan, did, at B:Jtan, Capiz, Phili ppines , torture and brutally mistreat an unascerta ined nt!Dlber of unidentified, unarmed, noncombatant civilians, in vio­ lotion of the laws of war. Specification 8: (As amended) In that Morio HATSUZAKI, in the month of August 1943, during a t ime.of war between the United States of America , its allies and dependencies , and j apan , did, a t or near barrio Parara, Tigb3uan, Iloilo, Phili ppines , t orture and brutally mistreat one TRISTEZA , an unarr.ied, i:oncombatant civilian, in violation of the l a~s ond customs of wa ~. PLEAS To nll Speci::ications and t he Charge: "GUILTY" FINDJ NG3 Of Specification 1, as amended: GUILTY Of Specification 7 : GUILTY Of Specification 8, as amended: GUILTY Of the Charge : GUILTY SENT SN CE To be confined at hard l abor at such plac~as the Reviewing Autho rity may direct , for a peri od of five ( 5) year s . The sentence was adjudged ~August 1946 . The sentence is approved and will be duly executed. Sugamo Prison, Tokyo, Japan, is designated as the ploce of confinement. BY commND OF MAJOR GBNERAL MOORE I J. G. CHRISTIANSEN Major General, USA Deputy Commander and Ch:!ef of Staff OFFICIAL& 1(. GF.RHARDT Colonel, AGO Adjutnnt General DISTRIBUTION: Same as AR 310-50 and changes thereto, ~nd 6 - CINCAFPAC 15 - Legal Sec, SCAP 3 - Legal Sec, AFPAC (Manila Branch) 3 - CG, AFWESPAC 3 - AG, A~IT::SFAC 2 - PM, AFVIESPAC . 6 - Exec. Off, War Crimes Trials, AF"V~SPAC 2 - ·CO, fhilippine Detention and R e h~bilitation Center, APO 75. 2 - CO, LUPOW #1 J ~ ' I ------·.-........ -~- -·- . The sentence is approved and will be duly executed. Sugamo Prison, Tokyo, Jspan, is designated as the place of confinement. BY commND OF MAJOR G~Nf.RAL MOOR~& J. G. CHRISTIANSEN Major General, USA Deputy Commnnder and CM.er of Staff OFFICIAL& 11. GiIBHARDT Colonel, AGD Adjutant General DISTRIBUTION: Same as AR 310-50 and changes thereto, and 6 - CINCAFPAC 15 - Legal Sec, SCAP 3 - Legal Sec, AFPAC (Manila Br3nch) 3 - CG, AFWESPAC 3 - AG, AFWT::SFAC 2 - PM, AFVIESPAC . 6 - Exec. Off, War Crimes Trials, AF"V"'.;SFAC 2 - ·CO, Philippine Detention and Rehabilitation Center, APO 75. 2 - CO , LUPOW #1 r.. CERT IF !CAT ION THIS CERTIFIES that this volume is the entire proceedings of the Military Commission appointed by Paragraph 2, Special Orders 173, Headquarters, Unit ed States Army Forces, Western Pacific, dated 30 July 194~, in the trial of the case of the United States of America against MORIO MATSUZAKI. Dated 8 August 1946. • Before the MILITARY COMMISSION convened by the COMMANDING GENERAL United States Army Foroe3 Western Pacif'io UNITED STATES OF AMERICA vs ~ ARRAIGNMEIIT AN:l PUBLIC TRll.L Morio MATSUZAKI ~ Court No. 1 High Commissioner's Residence Manila, P.I. '5 August 1946 Met, pursuant to notice, at 08)0 hO'll'S o MEMBERS OF MILITARY COMMISSION1 COLONEL RICHARD C. STICKNEY, INFi President LIEUTENANT COLONEL JOHN B. MADDEN, CMP (FA) Law Member MAJOR JOYCE B. JAMES, SigC APPEARANCES: FOR THE PROSECUTIONS CAPTAIN WILLIAM S. YARD, JAGD FOR THE DEFENSE: UR. REUBEN BONDA . OFFICIAL U1TERPRETERS FOR THE COMMISSION z SECOND LIEUTENANT FRANK YAMAMOTO PRIVATE FIRST CLASS AKIRA NAKAO PRIVATE FIRST CLASS GEORGE NAKAMA OFFICIAL REPORTERS FOR THE COMMISSION: HOPE WIDEEN S. CORNELIA PEVETO BESSIB N• CHRISTIANSEN I LlJE NO. Paragr aph 2 of Special Or der s 173 dated 30 July 1946 1 Char ge and Specifications G ,~1ondnent and Deletion of Spocification3 14 J\rgunent f 0r the Pr ~s e cuti on (By Captain Yard) 32 Findings and Sentence 36 EXHIBITS Pr o~ ocuti on' s Exhibit N~ . 1 ., ..) 1 fr ~~e cut ion s Exhibit N~ . 2 3 I r ~ sccuti ~n' s LXhibit N0 . 3 4 • " , The Commission convened, pursuant to no tice, at 0830 hours, 5 August 1946, in Court No. 1, High Commissioner's Residence, Manila, P. I. COLONEL STICKNEY: The Gonunis!;ion \'Jill come to ordpr and hear any matter to be brought before it. ! 1 CAPTAIN YARD: May t he r ecord show the following members of the Commission are presents Colonel Richard c. Stickney, Lieutenant Colonel John B. Muddon, nnd Major Joyce B. Jamos; that t he a~c us e d, together with his def ense counsel and prosecutor are present. The accused understands English nnd h o has indicated th~ t he docs not need un interpre t er.
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