"
BEFORE THE MILITARY COMMISSION convened by the CCMMJ.NDING GENERAL, United Stotes Army Forces W~stern Pacific
* • • • * * ~ * * * * * * * * UNITED S'l'ATES OF /.MERICi.
VS .. PUBLIC TRI.AL TOKIZO JIJ,KITA * HISiJ< I !Tl1l • • * * * * * * * * * * * * * • •
VOLUME VI PJ.GES 283 To 358
Dh TE : 11 July 1946 COPY NO a \\
- THIS CERTIFIES that this volume is a part 'Jf the proceedings of the Military Commission appointed by
Paragraph _2_, Special Orders l~O, Head quarters Unfted States Army I .'.>rces Western Pacific, dated _z._ July 1946; and
Paragraph ~, S~ecial Orders 152, Head quarters United States hrmy Forces, Western Pacific, dated _f_ July 1946 in the trial of the case of the United States of America against TCKIZO lll1KITA and HIS/.KI !TAI,
Dated.) ~ ~ 1946
'41~ i._ :?~ ~HIBi i. LD L. P.hRl !FLEE Colonel, 61'C President of Commission Before the MlLITARY COi r ISSION convened by the cm J AND! NG GENERAL United ~tates Army Forces Western Pacific
•11•11 "* * Ul'JITED STATE.!)""**"* OF All""" WICA vs Pl BLIC TRilL TOKIZO J. AKI 'l.A HISAI<. I !TAI
* * * * ~ * • 11 "" 11 ~ * • 11 • Court No. 1 High Co~mi ssioner's tesidence l. ani la, P • I • 11 July 1946
f et, nursuant to adjournment, at 0830 hours. j, El BE TIS OF ~ ILIT.1-~RY cm t I~!)! ON I COLONEL AHCr:IBALD L. PJ\llkILEE, CAC, Pres. & Law ~ · ember COLONE.L RICHl RD C. STICI\ NLY, Inf' LIIUTENANT COLONT L JOHN E. f1TOfllE. , Q~ i C
FOR 'J:HE PROC)ECUTION1 FIRST LIEUTEN .: N'I WI LLIAl E. l· UTIPhY , Inf. I•'OR THE DE.FENSL :
SfCOND LIEUTENi:. NT ROBE.ET J. POL~h.I, or.o .
Oi·FICI HL I NTI'RPR ETI.RS FOR TbE. COi ~.i ll"'~I O N: Sf COt·'D LIEUT£.Ni.NT FnJ.NK y,J• .. LOTO T/SGT YOSEI AKI OGI T~
Ol• ' F ICII~ L REP Q} Tl RS FOR Th l. CQt. 1-1 !,..SI Ofl~ :
MARJORIJ. TI TTLL WI LLIJJC E . f\I CE WITNESSES EXMI. BY QIRECT CROSS REPIRECT RECROSS copu.
M:-.s ".fuji Hr.mQmoto 284 284 285 Toshimi Kumr-.1 288 292 300 301 302
H~. jime Fujii 306 311 Jiro Uotoki 31? 322 328 331 Mr.s:-.fUji H~ c.moto - Rc c c. lkd 338 339 340 Tokizo I:Ir.kit c 344
GENERAL
P~ gc No.
Stil ulo.tion ~ s concerns s:)ecificc.tion No. 3 303
It 4 315
It 5 341 ..
The Commission reconvel'¥ld, pursuant to adjournment, at 0830 hours, 11 July 1946, in Court No. 1, High Commissioner's Residence, Manila, P.I. COLONEL PARMELEE: The Conunission is in session. LIEUTENANT MURPHY: Sir, may the r ecord show thl'.t Colonel Parmel ee , Colonel Stickney, Lieutolll\nt Colonel Stone , all members of the Commission ar c pr esent; the accused together with their personal interpret er, and mombers of tho def anse and prosecution staffs are present. Ma.sntuji Hnmnmoto, a witness for tho defense, will take the stand ngain today -- COLONEL I believe r edirect is in order now ? LIEUTENANT MURPHY: Yos, Sir. COLONEL PARMELEE: The witness should be r eminded thnt he is still under oath. (Interpret er Ogita converses with the witnoss .)
283 I ' .
MASAFUJI HAMAMOTO a witness for the defeiso, having been previously duly sworn, t ostifiod ns follows through Intorpret or Yoshinki Ogitn: REDIRECT EXAMINATION BY LIEUTENANT POLSKI:
Q Did you know any soldier by the name or Oseko? A Yes. Q Is he living today? A He died in nation. Q Do you remember \\her o Oseko died in nation? A Os cko died in action in combat in tho vicinity of Miagao. Q Did he dio in action on Lioutonant .Y.1mrunoto•s expedition in tho vicinity of Mnt-y, Mingno Barrio, Iloilo, in March 1944? A Yes. LIEUTENANT POLSKI: No further questions, Sir. COLONEL PARMELEE: Rocross- exrunination? LIEUTENANT UURPHY: Yes, Sir. RECROSS EXAMINATION BY LIEUTENANT MURPHY:
Q How do you lmo\1 that Osoko died while n member of t he Y~mamo to platoon? A I lmow because I saw the documont. Q Was Mnkita a member of tho Yamamoto platoon -- LIEUT ENANT POLSKI: May we have that clarified as to whon you mean on that expedition? He has already t estified that he was a memb er of the Yamamoto pl at oon. BY LIEUTENANT MURPHYt Q Wns Makita a member or t he Yamamoto pl at oon during the month of Ma rch 1944?
284 A Yes. LIEUTENANT MURPHY s I mve no further questions, Sir• COLONEL PARMELEE: Quostions by tho Commission? COLONEL STICKNEYs I havo some. EXAUINATION BY THE COlAMISSION BY COLONEL STICKNEis Q Did Captain Watanabe give his order for tho 11 March expedition to Lieutenant Yamamoto ovor the telephone? A Lieutenant Ynmnmot.o was at the place where Captain Watanabe wns at the time so ho ropeated tho order directly nnd not over the telophono. Q What was that placo? A Guimbal. Q Did you hear the order givon?
A I vms in Iloilo so I did not. hoar tho order given. Q Aro you familiar with tho expedition made on that date? A Is that the March -- Q Yes. A Yes. Q Did the expedition movo from Guimbnl to Mingao by truck? A I do not koow.
Q In moving from Guimbal to Miagao by truck would one pass through Mat-y on the way? A Do you mean the truck going from Ouimbal to the Mingao garrison? Q Yes . A In going on a truck from Guimbal to the Miagao garrison it is not necessary to go through Mat-y because there is a national road ther e .
285 Q There is what? A There is a national road. Q There is a national road. Do I understand thnt the national rond does not pass through Mat-y? A It does not pass through Mat-y. Q Was the expedition on March 11 sent to Bambnnan? A I do not remembor clearly but it seems that the expedition wns in the area, in the vicinity or Bambannn. Q In going from Mingao to Bambnnan would one pass through Mat-y? A Yes.
Q How fnr is Mat-y from Bambnnan? A It is about 7 or 8 kilometers from Miagao to Bambanan, and approximately 1 to lt kilometers _, o . Mat-y. Q Then how far is it from Mat-y to Brunbanan? A Approximately ; or 6 kilometers. Q On the expedition or 11 March, did Lieutannnt Yrunnmoto carry machine guns? A No, he did not carry machine guns. COLONEL STICKNEY: I have no fUrthcr questions. COLONEL PARMELEE: Has the defense any further redirect, or the prosecution recross? LIEUTENANT POLSKI: No, Sir. LIEUTENANT MURPHY: No, Sir. COLONEL PARMELEE: Tho w1 tnoss is excused. (Witness excused.) LIEUTENANT POLSKI: Sir, at this time the def ense r egr ets thnt it has to break tho continuity of its presentation and must skip over to Specification 3 duo to tho fact that
286
, oi1e wi t nfJS s ' nvnilability is a bit precc:tri ous, Our m~xt vii t ne:s s will bo Tosh:tmi Kumni.
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.,., " ..
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. . .: :. .. .. 287 I TOSHHfI KUMAI a witness called by the defense, was sworn and t estified
as follows through lhte~~:i ro t er T/Sgt . Yoshiaki Ogi ta. DIRECT EXMfINATI ON
B ~ LIEU ~ENANT POLSKI :
LIEll'l'ENANT POLSKI: Sir, Kum1i vii 11 testify in behalf of Itai on Specification 3. Q Wha t is your name? J Toshimi Kumai , Q What is your age? P 30 years old. Q Wh&t is your na t ionality? A Japanese.
Q Wh~re is your home? A Fukuoka, Yahata, Nishi su1 do machi No . 3. Q Arr you married? A No . Q Ar o your parents living?
A Onl~1 my father is living .
Q Hovi o ."i. •~ is your father? A 57 years old.
Q Were you a member of t he Japanese 1\rmy on Panay IsJ and in Aoril , May , and June of 1944? A Yes . Q What unit were you in? A I was in the Tozuka battalion. Q And what unit was Tozuka's battalion in? • A It v:as an independent unit of t he Kono unit.
~88 I Q Was that General Kono?
A Y€3 . Q Was Cantain Watanabe 's company under the Tozuka battalion of which you were a membe1·? A Yes.
Q What ~as your duty in the battalion headquarters in April, May , and June 1944? A I was an adjutant for the expedition a nu man in charge 0f or dnance . Q What were your duties as adjutant?
A As an adjutant I was an aideto the battalion commander. Q As ad jutant djd you know the affairs of the battalion? A Yes .
Q Wha t we:-e your duties as ordnance officer?
A As an ordnance officer I was in charge of supnlylng arms , and the r enairing of ordnance mater iel.
Q \Vas the accused Itai a m€ mber of Captain Watc:ma be 1 s company dur ing that neriod of April, May , and June 1944? 1\ Yes .
Q trow would you please t ell the Commission whe r e Itai was dl1 ring the month of April? A For the purpose of an expedition I tai went to Iloilo around the middle of April .
Q Do you know where Itai came from up to the time he came t o IloiJo for an expedition?
A I bel ieve he came from the vicinity of ~ ' i g bauan or Guimbal.
Q Wha t wo11ld be his duties at Ti gbauan or Guimbal?
I i\ He was & . member of the s ecurity garrison in that &rea . Q You mentioned an expedition in t he middle of .April of which Itai was a member . Whose expedition was it? A The e xpedition co:nrr.anded by Lieutenant Co l onel Tozuka. Q Was X.ieutenantC·o lonel Tozuka along on that expedition? i-. Yes . Q And did he command t h e exnedition? A Yes . Q And did he give all the orders for that expedition?
!\ Yes.
-~ And could those orders be que stioned by any of his subordiru;\tes? A No . Q Did that expedition in fLp ril 1944 go anywheres near Frantilla , r.:i agao , Iloilo province? A No , the direction is al together different. Q Thon woul d it be humanly possible for Itai , while he was on that e xoedition, to have b een anywhere nea r Frantilla? A Whe r e is Frantill a? Q F'r a ntilla is in about the vicini ty of Miagao, Iloi lo n:rovince . f, it would be absolutely imrossibl e . Q What date did that expedition r eturn, of which Itai was a membe r and of which Lieutenant Co lonel Tozuka was commanding of ficer? A I believe it wa s a r ound the 10th of June .
O So t hat from the time tha t expedition l e ft, t he m id o l~ of Anril t hr ough t he 10th of June , I t ai wa s never in the vicinity of t.. i agao and i ts adjoining villages?
290 A He was not there, Q Do you know Makita, the other accused? A Yes,
Q Was he on that expedition of which Itai was a member? A He did not go, Q Then Itai and Makita were never together from at least the middle of April throughout June; is that correct? A They were not together,
LIEU'l'ENANT POLSKI: Sir, the testimony to follow will be on Specification 4, The witness will testify for Itai concerning the month of May, Q You testified that Itai was on the expedition from the beginning of April and from which he returned in June, Now during the month of May was Itai anywhere near Paro-on; Miagao, Iloilo province? A He did not go there. Q How far was Itai away from the general area of Miagao during the month of May when he was on this exnedltion with Lieutenant Colonel Tozuka? A Around what date do you me an? Q Strike that last question, How close to the vicinlty of Miagao did that expedition ever come in May 1944? A Approximately forty kilometers. Q And how far was the farthest away during the month of May , that expedition was from the vicinity of t:iagao? P /pproximately eightyor ninety kilometers. Q Was Itai always with t hat expedition of Tozuka during tu ay? A Yes,
291 Q And was Itai always under the command of Tozuka during the mole moath of May? A Yes.
Q Had ~ ·ou ever heard of Itai being ordered to Miagao during both the months of hpril and N.ay or June? A There was no such thing. Q Anj were you the battalion a djutant for all the period that y~u have now testified about? A Yes. LIEUTENP.NT POLSKI: No fUrthe r questions.
COLONEL P~fil ~ ELEE: Cross examination? LIEUTENANT MURPHY: Yes, sir.
CROSS EXJ~h lNA TION BY LIEUTENANT MURPHY: Q Did you accompany the exPedition which you claim l eft Iloilo in April -- middle of April and returned to Iloilo in the middle of June 1944?
IL Yes , I did. Q What was the objective of the expedition? LIEUTENi.NT POLSKI: Sir, I object to that question, as he has testified merely as to place and time, and the objective of this expedition is irrel evant to the defense. COLONEL PAfil.:ELEE: Let's determine what expedition now you ar e talking S>out specifically so that· the a ccused Make that specific. Is this the expedition Itai was t o have been on?
LIEUTENANT ll~URPHY : Yes, sir. LIEUTENANT POLSK I: Wha t I am afraid of, as I said on other witnesses is incriminati ng this wi tness. He is
292 not convicted of anything.
COLONEL p,.RME LEE : I don 1 t think the prosecutor has any idea of incriminating . He is t esting the credibility on cross examination.
LIEUTENANT POL~KI: Yes, s~r .
COLO~IBL P/RMELEE: As I understand, this question you objected to is one you felt Itai was not connected Vlith? LIEUTENhNT POLSKI : No, sir; I think the expedition he means ls one command ed by Lieutenant Colonel Tozuka . LIEUTENANT MURPHY: I'll clear that uo. COLONEL Pi:fill·F,LEE: Tht-)n if he does that you will remove your objection?
LIEUTENANT POL~K I: Yes, sir. Q Was Itai on this expediti on that l eft the middle of Ap ril 1944 and r eturned t he middle of June 1944? A Yes. Q What was the objective of that expedition? A The capture of wirel ess equioment and the capture of guerrilla leaders.
293 BY LIEUTENANT MURPHr: Q In what ar ea? A The first oxpodition took place in central Panay I sl and in the mountains west of Calinog. Q I show you what has boon marked for tho purpose of identification and admitted into evidence as Prosecution's Exhibit No. 4, a map, and ask you if Calinog would be about 8 kilomet ers northwest of Passi? A It would be west of -- COLONEL PARMELEE: What wos the answer? A It would be west, northwest of Passi. COLONEL PARMELEEa Northwest of Passi? A Yos, Sir. BY LIEUTENANT MURPHY: Q And about how many kilomet ers, roughly? A Approxima t ely 8 kilomet ers. COLONEL PARMELEE : Appr oxi mat ely 8, Can you hear over ther e (to def ense counsel)? LIEUTENANT POLSKI: Yes• BY LIEUTENANT MURPHY:
Q Was ther e more than one expedition from the middle of April to the middle of Juno 1944? A The expedition was carried out in two stages. The s econd expedition took plnce in the northern part of Antique Provi nce . Q In bet ween the first pv. rt of the expedition in the ar ea Calinog al!iS t he second cxpedi tion t.o the northern part of Antique Province, did the expedition return to Il o ilo ~ A Yes.
Q And how many days did you r emain i n Iloilo i n between the t wo parts of this expedition?
29 4 A Two or three days.
Q I again sho.v you Prosecution's Exhibit No. 4, a mnp of Po.nay Island, a nd ask you if you mo~n tho seconc expedition went way up into the northern part of Antique Province? A It took place in this nrcn (indicating).
LIEUTENANT MURPHY i Indi en ting e large area west of Balete in Capiz Province . Q What route did the expedition use in reaching the area or northern Antique? A We went by ship. Q Where did tqe ship leave from? A From the harbor of Iloilo. Q When did this expedition l eave Iloilo? A The middle of May, around the middlo of May. LIEUTENANI' POLSKI& May we have a designation us to which one, to which group in the expedition? Is he referring to the second one ? LIEUTENANT MURPHY: My· last question was referring to the second expedition. BY LIEUTENANT MURPHY:
Q What route did the expecUtion use in going to Calinog? A We went by automobile from Iloilo to Calinog on the road which runs between the two places.
Q What r oute did you use in r eturning? A We r eturned on the scme road by automobile. Q It is impossible , is it not, to use automobiles north of Passi? A It is impossible to the north of Passi• Q In other words, you l oft your tn.tcks or nutomobiles around Passi and continued on the expedition on foot, did you not?
295 A The: rond to Passi nnd th<.. :rond to CP. li nq~ is noi U~n ::; amc rond . I t is di ffer ent . I n or der to go to Passi you
rnus t turn to the e~s t from Cnl inog,
Q Did yon pass ·through Pt1.ssi on tho wc.y t o Cnlinog ?
A No~ t h e directi on is different. Q Did you pnss through Bucnnvista, I l oilo, on the rmy to Co.liriog? A I do not know of thct pl a ce.
Q I n l e~t'ing I l oilo di d you firs t hcnd west in going to • Cnlinog? A No , we went townrds the north, Q How mnny men were on the expedit i on? A 230 men .
Q And th~ t i s on t he expediti on t o C ~l in og ? A It rms f or the expcdi ti.on in t ho mount ains of Pflnay, wost of Cnlinog , Q Vlore those mount!lins cal l ed Mt . Deln Dol n? A Yos .
Q Did t his expedition split up c.nd scnrch out the.: <'. r oe around too DGln Dcl n Mountctns? A Yes , i t spl i t up, Q And you stayed with the bnttnllon hcndqunrt crs? A Yes .
Q Do you lmow with which }H"'.trol Ito.1 wen t out?
A I t r'.i rcrnnined with the hcn dqu~ rt crs ,
Q Thon Itc'.li r omPi ncd with you ~ 11 of tho time on this
~"?X~J ud i tion th ~'. t wont to Cul inog in tho mountni ns of Del <. Dcl n ? A Yes .
~ .l.:-v you f mn ilinr \'r.i th t he, nr on ar ound Uiagno?
296 I A I know a little about 1 t. Q Do you remember making a statement of your movements in February of this year? A Yes. Q You mde that in your own handwriting? A Yes. Q Did you have plenty or time to think over what you were writing down before you made the stntanent? A I thought quite a bit. Q This statE111ent was quite complete, was it not, as to your movements on Panay Island? A It is not very accurate. Q In that stntement, do you recall snying from Februnry 1944, lirst of February 1944, to the middle of February 1944, you were on an expedition in the area of the Dela Dela Mountains? A Isn' t it from the end or January until around the middle or Februc- ry? Q Well, it is the first cf February until the middle of Februnry. A It was from the end or Jnnunry until the middle ot February. Q And in the.t stntement you said from the middle of Februe.ry until the last of March you were in Iloilo as an ordnance officer? A Thnt is correct. Q And in that statement you said from the lnst of March 1944 until the last of April 1944, you wer e an ordnance officer in Cebu City, Cebu Island?' A It wns until the middl e of April.
297 Q An::1 1n that statE11?ent you said trom tho last ot April until the last of May you were on an expedition in the Dela Dela
Mount.ai~s as an ordnance otticer and actin ~ adjutant? A I wrote the ln.st part ot April. That means after tho 20th of April. Q 1\'1d then in your stat.anent you say trom the lnst ot May 1944 until the first ot J't.lr.o 1944, you Vlere on an expedition in the Antique Province?
A ~.,1.rs t of June. Q '·:ist of Uay until th£ first or Juno? A It was from around the middle ot May. Q Are you presently being tried as a wnr criminal?
LIFI:T~ANl' POISKis Sir, I object. Even though
h~ ~. ~ trying t.o i.m;>each the witness we connot impeach anyone unl &~s h~ has hG cl ~ convicted by the Vef!Y democratic ideal we hnve lr.. o·.ll' courts. If he is convicted, thnt can be shown
on imp-Jech'~.:m:- b".lt as long as he is not convicted I don 1 t see where yo~ can charge a man before he hl\s been proven to have done anything -- COLONEL PARMELEE: I believe the Commission Wldorstnnds that he is not cct1v1cted, and we will go by the Anglo-Srucon precept that he is irmocent until he is prove.cl guilty. LIEUTENANT MURPHl: I think, Sir, that is a proper questi on to nsk, whether or not he is being charged or tried LIEUTENANl' POLSKI: I believe it is prejudicial. It assumes n lot as to the character of the w1 tness. Then, ns you s ay, a witness is innocent until proven guilty. If he was convicted that would be different, he could be brought
298 ~,
in ond impeached 'lnlt he isn 1 t brought 1n f er ~ythjr; g LIEUTENANT MURPHY: It renlly doe sn 1 t zm.k e any d11'fcr ence COIA>NEL PARMELEE: Does the p1·os enution necodL' tc. thnt'?
LIEUTFJ~ANT MURrHY : I will in this pnrti cuJ nr instance .
COLONEL PARMELEE: At this time the Commu: si ou
~111 tnke about a t en-minute rccoss . --·-- (Short r eccsJ. ) ------
:. .·. : . .. WHEREUPON , at 0927 hours th0 Commis sion recessed until
0937 hours , ~t which time the proceedings were as follows: COLONEL PARMELEE: The Commission is in session. LIEu'.l'ENAN'l' MURPHY: Sir, there is one new interpreter to be sworr. •
WHEPI.UPON :• 2:1d. Lt. Fr ank Yamamoto was ~wo:cn as interpreter
for the CommissiJn~
LIEUTEN Ai~T MURPHY : Sir, I have no further questions
:n' this w i tne~s.
COLONEL PA&'-'! b.Li:..E : Hedirect exl'.mination? LIEUTENANT POLSKI: Yes, sir, REDIRFCT EXAPJ!INA 'l'I ON
BY LIEU'J'ENAN'.r POL~Y.I :
~ T-lcn•1 far i~ it from Dela Del a J:ountain to the vicinity Jf J• iagaC' , IJ.oil o p1·ovince?
A I h~lieve it is anoroximately forty kilometers.
Q Is that by t~e way the crow flies, or by foot.
It _; s -i.:nr ~tr a ight line.
Q !l •'W fa-r if: it by foot through the paths and r oads t hat "'\ 9.r·1 cpen?
,\ l'!'le mo un~: aiTl paths or the main roads?
Q Strike the last question, please. How far would it be
· if you walked from Dela Dela ~ount ai n area to the vicinity o'f r: iagao? 4 Do you mean by traveling on the National Road , or by using the mountain paths?
Q By traveling the shortest road,
A It is short est by using the National Road and by walking
and taking a r est, i t would take appro~imately one and a half days. 300 I
Q How far is it by the National !load? A Approximately seventy kilometers. Q Could Private ltai ever go on an expedition without a sup€.rior along?
A Absolutely not.
Q And woul~ I trlj hav~ to obey a superior? A Yes.
Q In tr.e twc-day r ests you had at Iloilo C~. ~Y before
goiPg out. o:i your second e>.p -:di tion in Mc~· ~ wha t did the
i:>....cpedi t 1 0 p e ::-~ do durillf, tboso tv.o days?
A We r ested tv.o or three days and on one of the days I i nscecteC: t he arms and the rest of the tj.me the :nen rested. .. q ~la:; Jta :I. et :•:10tlo City for all those t1A0 or ttree days?
Q Wa~ he ever ordered to Miagao or its vicinity during
t nat two 0r ~hree aay period?
LitC1;,:·ArrT POLSKI: I have no further que stions,
co: ONE L PARrtELEE: Re cross examire.ti on?
RECRos~ EXAMINATION BY I-IEUTbNANT llURPHY:
~ When you made the statement in February of this year concerning your movem ents, did you consult the batt alion conmander Lieutenant Colonel Tozuka as t o the dates of the expedition to the mountains of Dela Dela? A I didn't consult the dates with Lieutenant Colonel To zuka.
301 Q In your statement of your mov ements, you have the last
of PpriJ. 1944 to the last of t.ay in the Dela De la ~; ou ntains,
Co lonel To z t~a has that expedition t he latter part of April
1944 to the • ·. ~:.7 part of May 1944. !hi ch one do you believe to be corr ect? A I belleve mine is mor e accur at e . Q And tho Antique province expedition, you have it the
latter part of l'iay t o the first nart of June 1944. Co l onel '.:"ozuka t,as t hat same expedition the l att er part of May 1 944
~o the early oart of June. Ar e you bo t h correct as to that expedition?
A I believe we are l:x:>th general ly correct. I don't remember the exact date because it hanpened quite a while ago, it hapnened aoor oximately three years ago.
Q Then you ar e not sur e of the exact days that ~t ai was with you on the expeditions , are you?
A <:'fnce it hal)nened about three years ago , I don't r emember tre exac t da tes on wnich Itai was wi th me . LIEuTENhNT l'URPRY : I have no furtt.er questions .
CO LONEL PARI.-"ELEE: Q u ~s tions by the Commission? LIEUTbNAN'l' POLC!KI : May I ask a quest ion? COLONEL PAm ELEF:. : Very well, the def ens e has a
q ~ eGtion . You raay ask it.
r;r<.. DIHECT EXAT.UNATI ON BY LIFU'.l'LNANT POLSKI :
Q You are sure of the rnonths and the weeks that you wer b on t he exnedit ion, a r en't you?
A I am sur e of the month . J~ cc ording to the stateme nts
302 presented in court her e , my interpretation of the word, latter part, seems to be , last, wh en actually I said, latter part. ··· INTERPRETtR OGITA: I should like t.o mak e an explanation. The Japanese divide their calendar months into three narts, the early part, t~ e middle ~a rt, and the latter nart. Th ey d ~. -1 tde that into t en day !lel iods , and when he says, l a tter nart, it includes the la st t en days
:rom t ho 20th to the 30th, and right now he s~ys t ha t when he says latter nart, it may fall to the 28th or the 29th, when actually it may be the 20th; it might make a differ ence of a week. For the r ecord, I can bring out the Japanese word for any clarification. COLONEL PAR?I' ELEE : Very well. I f!'IERPRETER OGITA: Gehun, which means, la st ten days of the month, and that is the word that he is using wh en I say, latte1 part. LIE.UliNi.NT POL(jK!: No further questions. COLONEL PAR\,ELEE : Does the prosecutor desire to ask a~y questions? 1IEGTErTANT MURPHY: No questions. COJ,ONEL PARMELEE: The witness is excused. LIEUTENANr POLSK I: Sir, it has been stipula t ed between the prosecution and the defense that the testimony of Mamoru Akamine ~il l again be r ead in for Specification 3:
"UNI'l ED STATES OF AYER ICA versus TOKIZO MAKITA, HISAKI ITAI Due to the uncer tainty of the availability of the de-
303 "fense witnes~, Mamoru AKAMINE, formerly a Warrant Officer in the Japanese Imperial Army and now residing in Japan, the Prosecutor, First Lim1tenant William E. Murphy, Inf.,
and the Defense Counsel, ~~ecom Lieutenant Robert J. Polski, Ord . Deut., hereby stioulate that if the defense witness, AKAMINE , were present, he would testify as stated 111 this sti""'Ula ti on.
The Prosecutor~ First Lieutenant William E. Hurohy, :>ti oula ting hereby doo s not uecessari ly acmi t the truth of Akamine's stioulated testimony contained herein.
Witness - Mamoru AKM· INEi formerly Warran~ Officer of Ja panese Imoeria Army. Hec; i dence - Notsuichi mura, Ono gun, Oita prefecture, Kyu shu Is., Japan. Duty ··-··- Personnel Officer of V"atanabe Comoany, December 1943 - 4 September 1945. As concerns Specification 3
~ Ak~mine kr.ew all of the affairs of the Wa tanabe Company -·. concerning the personnel. 2 .. During April Itai never went on any expeditions but stayed at Guimbal performing guard and drill duties. 3. Near the end of April Itai went on an expediti on to Dela-Dela. I\1t. Panay Is., in a heavy machine gun squad attac.tled to Bn. Hq. 4 .. Expedition to Dela-Dela Mt. did not ret urn until the middle of May 1944.
It is 120 km. from Dela-Dela ~t . to Miagao , Iloilo, the alleged vicinity of the alleged incident in Specification 3. WILLIAM E. MURPHY 1st Lt. I NF Prosecuior ROBERT J. POLSKI 2nd Lt., Ord. Dept. Defense Counsel"
304 COLONEL P llRMELEE: Does the prosecution join in the stioulation?
LIEU~ 'ENANT MURPHY s It does, sir.
COLONEL PAIWELE~: It is accepted.
LIEUTENANT POLSKI: ~ir, at this time the defense calls as its next witness Hajime Fujii.
305 HAJU E F'UJII
a witness called by the defen~e was sworn ani testified as follows through Interpreters Yamamoto and Ogitai DIR ECT EXAMINATION
BY LIEUTE~ANT POL~KI: LIEUTENANT POLSKI: Sir, the witness Fujii wi ll testify for the accused Itai as concerns Specification 3. Q What is your n&me? A Ha jime Fujii. Q Wha f is your age? A 39 years old. Q What nationality are you? A Japanese. Q Where is your home? A Kure City, Hiroshima prefect ure , Q Is that the same Hiroshima that was bombed by the atomi c bomb by the Americans? A Yes . Q Ar e your parents living? A They are quite old; as I have not seen them for five years , they may be dead . Q Do you know if they survived the bombing?
A The a tomi~ bomb feel in Hir oshima City. My place is in Kure . Q Are you married? A Yes . Q Have you any children? • A Two of them.
306
'·"·. Q What gender and age? A The girl is 10 years old and the boy is 6 years old.
Q Vtere you ever on Panay Island in /pr il, May , and June 1944? A Yes. Q Were you a member of the Japanese Army? A Yes.
Q What was your rank at that time? A First lieutenant. Q Did you command a company at that time? A I was acting company commander. Q Under whose command were you at that time? A During the exnedition, or during the time I was in Iloilo City? Q In April, May, and June 1944? A Lieutenant Co lonel Tozuka.
Q filld under whose command was Lieutenant Colonel Tozuka? A Lieutenant General Kono. a company comman:ler Q ,/as Captain W~tanabe/under the Tozuka battalion of which you were a subordinate? A Yes.
Q Wa s the accused Itai a member of Captain Kengo ~at anabe's comnany during April 1944? A Yes . Q Do you know the whereabouts of Itai in the month of April 1944? A He participated in the expedition in the Dela Dela Mountain area in April.
Q And how do you know that? P I met him in Dela Dela .
307 BY LIET.rl'ENANT POLSKI: Q Was that expedition an expedition of battalion hrnd - qunrters under the comnmnd of Lieutenant Colonel Tozuka? A The acpedition was one -- the expedition was carried out by the battalion under the command of Lieut enant Colonel Tozuka .
Q And was the a ccuscd, Itai , a member of thft t expedition?
A Yes , he w~s ammunition bear er for the machi ne gun . Q Did that expedition over go in or nbout the ar ea of Miagao , Iloilo Prov1nco? A No .
Q How far from the areu of Miagao was t~m t expedition ma do? A 40 or 50 kilometers. Q Is that a str aight line or is tha t by foot? A Is is a straight line . Q How far is it by foot? A I believe it is about 60 kilomet ers. Q Und er whoso command was the a ccueed, Ita. i, when he was an that expedition? A You mean squad l eader? Q Do you know the squad lender?
A I b·3l icvc the squad leader wa s Sergeant Oka ,
Q And who was Sergeant Oka under? A Lieutenant Colonel Tozuka .
Q At.ld c11d 'Ol"da?'e ·omi't ·fr.om Lieutarui'nt Colonel Tozuka ? A Yes . Q And wa s I t ai bound to obey t hose orders? A Yes .
308
J Q Could Itai, being a priva t e , over go on an expedition of his own and command it? A No. Q Would a superior always have to a ccompnny
Itai whenever he went out on any typ~ of expedition? A Yes.
Q And would Itai h~ve to obey the order of tha t superior? A Ye s. Q How f ar is it from Dela Del a Mountnin to the aren in Miagno by foot? A I believe it is about 60 kilomet er s .
Q Was Itc i always with the b~ttalion headquarters on that expedition? A Ye s. Q When did that expedition r eturn -- wha t month? A I r emember the expedition l asted from ar ound t he midctl e part of April until the midJl c p~rt of l~ay so I believe the expedition came bnck around the middle part of May. Q Do you know the accused Makitn?
~ Yes . Q Was he on thRt expediti on? A I did not sec Sergeant Makita. L1EU'IENANT POLSKI : Si r, the t estimony of the witness from now on will pertain to Specification IV,
Al so f or the accused It ~ i's benefit.
309 BY LIEUTENANT POLSKI:
Q In th~ ·pegi.nni~g .of May was Itai still on the
expedition. . to. .. th. e ··D~la. Dela Mountain? A Yes. ·: Q And vms he still under the command of Lieutenant Colonel Tozuka? A Yes.
Q When that expedition r eturned to Iloilo City 1n t he middle of May, what happened then? A After the expeditionr cturnod, the organization was split up and the soldiers went back to their r especti, .. e barracks.
Q D:f.d they e ver go out on another oxpedi tion in May? A l round the l a tter part of May the expedition went to Antique by boat. Q About how long would you estimate the expeditioners tA> Dela Dela Mountaip .",.i(ed betore they yent· to Antique on another expedition? A I believe it was around 5 dlys to a weak. Q And during those 5 days to a week was I tai over order ed on any type of expedition t o the Miagao area?
A T~oee 5 days or a week was for r esting «nd ther e wa s no expedtion durill; that time . Q When did the experlition from Antique r eturn? A I believe it wa s nround the middle part of June . Q On tho expedition to Antique did the expeditioners ever go neP. r the ar ea of Mi agao -- that is,adjoining t erritory? A We passed the Mi agao vicinity by boat a t nighttime and we did not stop ther e a t all. 310 f) r:oul
".r ... " of Ili "'.~D.o 'lnd 1 ts r.djoining t 0rri tory du.rin.; nny t1r.le
i n t~1 (· month o f if,...y 1944?
!. ... . bsolut.:ly not, -- ~bso lu t ~ ly imrcssj.bl u , /.nyo'1v
conld t ell yot~ thn t fn ~t.
LIETJTBN/1i'lT POLSKI : Sir, the· d ef ense h :-. s
no f 1 tr ~ . h ~ r questions .
LIEiJJ'; .; ]'1 ,.'.~rr ; :UH PHY : Y ~ s . Sir.
CROSS - EX!.iIIN/4TION
DY L r~u~r. l~ !J .. m: : l.lfi? IiY :
0 Vi' ris Itn i ~ mo:n'),.•.r of yC' ur plntoon on tl10 ::ixpcdition to tbc mo11ntni11 s of Dol n Del ;; ?
'! I sho~ ·: y0u n mnp \1hich is Prosc. cution Exhibit No . 4
~. nd "sk you t o poj.nt r oufhly to the a r 0n r·hcr ..: t he mount"ins
It is ; little south of th0 border.
LIEUTEN/1NT i!URPHY : ThP ~·: 11·r: c ss h~..> indic; t cd by poi n tinr. t o '1n <'. r cri. ri. l onr t h u bo:cde:i:· bc· t \: on C:1pi 7
Provi nc e• ". nd Iloilo Provi nce , :1 cor t r. in nr ~ .... st: r ting
". t C:i.linog .;nd o:x: t cndine a h0ut. 15 mile s we~ t .
~ ffo. s It".i ".n nmmuni tion b 3 ~ 1· c r .l.n "- ra: chtn1... - {_; un sqn"d on th·? D•}l :'. D o l~ cxpudi tion'? .., y .... .
311 A The mission of the machine-gun squad was th.Rt when the enemy -- when we received an enomy nttack we would return fire. Q And did that machino-gun squad stay with the battalion headquarters nt all times? A On thnt expedition tho mnchine-gun sqund wo.s assigned to the bnttalion hcndqunrtors. According to the mission they may have gone about one kilometer nway but they wor e with the bnttnlion hondquartors. Q How do you know wher e Itni wns during tho r e st period ot J to ? dnys botweon tho 2 oxpedi tions
th~ t you have t estified about? A In the western part of Iloilo City ther e is
n school cnlled tho Rizal So"loole Ho wns ~tnying t her e . The squ~d oommnndod by Sergeant Oka in which
Itni bo long ~d also stayed there nnd since wo vrerc in
the srme building I know th~ t f act. Itni has also come to my room nnd hns spoken to me. Q Did you over wa lk from the Dela Doln lfountnias to the Miagao ar cn ? A No.
Q How c."l.n you te~tify, then, o. s t o the distnnce, tho wnlking distance? .· A I mnS}c nn esti mn tion by myself.
Q Thnt nns st r~i ght line distrtnce. How could you
ostimnt e the \'1alking distnnce? A We have becm t v. ught nhon given mnps t o compute
the'strni ght line di st ~ nco nnd al so the dist ~ nce invol ving wa lking .
312 .·, . Q Do you recall making a stntornont in your own hnndwriting of your movurnonts while on Panny Island? This str. tement ~n s made in Februa~y 1946. A Wns the statement mcdo to the proseoutor? Q Yes. /., Yes. Q This waa n written stnt emont in your own hnndwriting. A Yes, I wrote it from mcnory. Q And you are testifying from memory now, ar c you not? A Yes. Q In making thnt statement did you consult Licutunant ~umai or Lieutenant Colonel Tozulro.? A I did not consult with them about everything
but of the r13t~~ wert" uncertain so I c~meul tad thee• .. · .
It had been quite a ~~i:e ago so there nr e pnrts that I c,.nnot r cr.iember .. c-1early.
Q And in that statement, do you r ecall saying the
first part of Jnnuary 1944 until the niddle of April 19~ you were garrisoned nt Culasi, Iloilo Province . A Yes.
Q And in that statement, do you r o c ~ ll snying from tho l atter part of April 1944 t o the l nttor pnrt
of May 1944 you pnrticip~ t ed in the subjugn tion . n q .. r Calinog?
A Yes. Q And in tha t stateaent, do you r ecnll snying fron
the l atter pnrt of Mny 1944 t o tho first p~ rt Gf
313 Jtu1e 194-1 you particiT) ~ ted in a n cx pPd j t ion ir.. Antique Provincg anJ San Joss , Iloilo?
A Didn11 t'I'; I tt t a te t he mid1le part of .rune':
Q You sPid "ti·1·. f~ 'i· , :; 7lr.a~v· .1nd K..i~o.!1 Jtn his
sta tement, said 11 the f.:.:q•, pP.rt of June. 11 It say~
''lntter pRrt of Lay 1944 t o the fir st no.r t of .June l94Li ".
1~ If 1 t S E:i:f ~ the beginnln~ pnrt of June it ,.,,_ ul d be oloser t o the 10th C'lr the middle pr~ rt.
LIEUTEtrANT JJJRP HY: Sir, I h 1 ~ Ve n.c furths r q1:estions. COLO NEL fART ELEb : Redirect? LIEUTJ:NAiiT POLSKI: No. Sir.
COL0 1·:EL PAR ELEE: Que:-ti on3 by the Co.r.unif:~:. ion? (No r es ponse)
Ther 3 is apparently non&. Yl:i tne :.~s is excused.
(\•." '.!. t nes s (U.. CUO .: .~)1 LIEUTENANT POLSKI& Sir, at this time it has been stipulated between the prosecution and the defense that the testimony of Mamoru Akamine will be read into the record, and this concerns Snecification No .41 "UNITED STA TES OF IJl.lEid CA versus TOKIZO MAKITA , HISAKI !TAI Due to the uncertainty of the availability of the de fonse ·witness, Mamoru AKAMINE, formerly a Warrant Officer in the Japanese Imnerial Army and now residing in Janan, the Prosecutor, First Lieutenant William E. Murphy , Inf., and the Defense Counsel, Second Lieutenant Robert J. Polskit Ord . Dept., hereby stinulate that if .th e defense witness, AKAMINE, were nresent, he would testify as stated in this stioulation. The Prosecutor, First Lieutenant William E. Murphy, stipulating hereby does not necessarily admit the truth of Akamine 1 s stinulated testimony contained herein.
Wi t ness - ~:amoru AKAMINE! formerly Warrant Officer of Ja- panese Imneria Army . · hesidence - Notsuichi .mura, Ono gun, Oita prefecture, Kyu shu Is., Japan. Duty ---- Personnel Officer of Watanabe Company , December 1943 - 4 September 1945. As concerns Svecif ication 4 1. Aka mine knew all of the affairs of the v:atanabe Company concerning the personnel. 2 . During the first two weeks of May Itai was still wi t h the Bn. Hq. in a heavy ma chine gun squad on an exuedi tion to Dela- Dela Ut .
315 "3. The expe4itioners returned to Iloilo ;'City in the mid~ .. dle of May 1944, rested about 4 day~ and then left for .. the province· of Antique, Panay Is., on another expedi- ... . tion. ' •' " 4. Itai also accomuanied the expedition· to An~ique. 5. During the stay at Iloilo City for rest, Itai was pever ordered to Miagao; as a matter of fact, no transporta tion went to Miagao in that period •. 6.· The exnedition to Antique Province, Panay Island, re turned in the middle of June.
WILLIAM E. MURPHY 1st Lt., Inf. Prosecutor
ROBERT J. POLSKI 2nd Lt., Ord Dep,t Defense CoWlS el ' COLONEL PARMEL!tE: Does the prosecution join in this stipulation? LIEUTENANT MURPHY: It does, sir, COLONEL P.ARMELEE: The stinulation is acce!'ted. LIEUTENANT POLSKI: Sir, I have a call for my next witness, but as yet he is not nresent. Does the Commission wish to take a recess, COLONEL PARMELEE: The Commission will recess for ten minutes. WHEREUPON, at 1027 hours the Commission recessed until 1039 hours, at which time the proceedings were as follows: COLONEL PARMELEL: The Commission is in session.
316 JIRO MOTOKI a witness called by the defense, was sworn and testified as ..· .. · .. follows through Interpreters Yamamoto and Ogita: DIRECT EXAMINATION BY LIEUTENANT POLSKI: LIEUTENANT POLstI: Sir, the next witness for the . defense is Jiro Motoki . He will testify on behalf of Makita on Specification No. 5. Q What is your name? A Jiro Motoki. Q What is your age? A 41 years old. Q What is your nationality? A Japanese. Q Where is your home? A Tokushima, Myozai Gun, Takahara Mura, 355-1 on Shikoku . Island. Q Are you married? A Yes . Q Have you any children? A Four of them . Q What are their sexes and ages?
f, They are all girls and the tges are 16 , 14, 10, a nd 6. Q Ire they alive today? A In October of 1944 I received the l ast letter of them , and I have not heard anything about them since, but they a re nrobably alive. Q We r e you on Panay Island in the month of May 1944? A Yes .
317 I~
Q 1rha t unit were you a member of? A A member of the l'ozuka unit. Q And wha t unit was the Tozuka battalion a member of? A Tozuka unit was a part of tho l\ono unit . Q Was that Lieutenant Gener al Kono? A Yes.
Q Was Captain Kengo Wa tanabe ' s co mp~~y umer the comma nd of that Tozuka battalion?
J. Yes . I . ,,,,,,, .. I • Q And was Maki ta, the accused, fl member of that company'l A Yes .
Q During the month of May 1944 what ~as your duty in ~ "· the Tozuka battalion?
A I was an adjutant of the ~· ozuka unit. Q l s adjutant ot. the Tozuka unit did you know a ll the affair s of the battal ion? A I know the affa irs with which I was connected. Q What were your duties a s adjutant in the Tozuka battalion? h I wa s connect ed wi th oer sonnel, records of meritorious acts, awa r ds , and executive dtttie·; . In other words I \ms not connecteq with ma tters such as training, int e llig. ~nce, operation , ordnance , or intend&nce and sanitation.
318 BY LIEUTENANT POLSKiz Q What was the duty or the accused, Mtlkitn, in the month or May 1944'?
A Makita wns servir~ with the mavy weapons company. .. Q In May of 1944 did you have liaison-- betwoen the company headquarters and the battalion headquarters? A Yos. Q And who was that man who performed liaison between company headquarters of Watanabe and battalion headlfUSrtors? A In the month of May, Sergeant Makita was that can. Q And where was the company headquarters o t which Sergeant Makita was liaison mnnt A At that time it was in Guimbal. Q And what were the duties of Makita as a liaison man? A Various liaison between the company headquarters nnd the battalion headquarters.
Q Did the company head~1nrters have an office in Iloilo City at that time? A What do you iooan? .. Q The conpany headquarters in which Makita wns liaison can, did they have an office 1n Iloilo City? A Yes. Q Was Sergeant Maki ta's·linison work between the office or the company headquarters ill Iloilo City nnd the battalion headquarters at Iioilo City! A Yes. Q Was he liaison can during nll of May 1944? A Yes. Q Was he liaison during April 1944?
A I believe he cane towards the last Inrt of Aprii~
319 BY LIEUTENANT POLSKI: Q What wa!i tho duty of tho accused, Makita , i n the month of ttny 1944?
A r&nldtu \W.s s orving with tho mavy weapons ~omp uny . Q I n May of 1944 di d you hov£ liaison- between the company
hondquartcr s nnd ;ho battalion headqunrters? A Yes. Q And ··.n o wns that man 'Rho performed liai son between coc pnny headquarters of Vlntannbc and battali on headquarters? A I n the month of May, Sergeant Makita was that J;llln . Q And \'lher e was the C0mpany headquarter s of which Sergeant Makita was liai son man? A At that time it was in Guimbnl.
Q And wh~ t wer e the duties of Makita as a liaison Man?
A Various liaison between the company headquarters OJ)d tho battalion headquarters .
Q Did the company head~1n rt e rs have fill office 1n Iloilo City at that tine?
A Vlhnt do you ~an? .. Q The conpany headquarter s i n which Makita was lia i son nan, di d they have an office i n Iloilo City? A Yos . Q Was Ser geant Makit a's.11.ni son work between the office
of the c o~pn ny headquarter s 1ti Iloilo City nnd the battalion heodquo.rter s at Ilo11J City! A Yes . Q Was he liai son nan during nll of May 1944? A Yes . Q Was he liais0n during April 1944? A I believe he cane t owards the l ast pn r t of Aprii.
319 ,...... ,
BY LIEUTENANT POLSKI: Q What was the duty of the a ccused, Makita, in the month of Mny 1944'1 A Makita wns serving with the heavy weapons company. ( . .. Q In May of 1944 did you have liaison- between the company • •I . ,.. . headquarters and the battalion headqunrters? A Yes.
Q And who wc.s that man who performed liaison bet\~e en company headquarters of Watanabe and battalion headquarters? A In the month of May, Sergeant Makita was that I:l8n. Q And where was the company headquarters o t which Sergeant Mnkitn was liaison man? A At that time it was in Guimbal. Q And whnt were the duties of Makita as a liaison man? A Various liaison between the company headquarters o.nd tho battalion headquarters.
Q Did the company he ad~1arters have an office 1n Iloilo City nt that time? A Vlha t do you re an? ,• Q The coapany headquarters in which Mnkita was liaison nan, did they have an office in Iloilo City? A Yes. Q Was Sorgean t Maki ta's·11aison work between the office of the company headquarters 1Ii Iloilo City and the ba ttalion headquarters at Iloilo City! A Yes. Q Was he liai son nan during nll of May 1944? A Yes . Q Was he liai son during April 1944?
A I believe he cone t owards the l ast rnrt of A prii~
' 319 BY LIEUTENANT POLSKI: Q What was the duty of the a ccused, Mnkitn, in the month of Mny 1944? A Makita was serving with the heavy weapons company. . Q In May of 1944 did you have liaison- between the company headquarters and the battalion headquarters? A Yes. Q And who was that man who performed liaison betv~.een company headquarters of Watanabe and battalion headquarters? A In the month of Mny, Sergeant Makita was that can. Q And where was the company headquarters of which Sergeant Makita was liaison man? A At that time it was in Guimbnl. Q And wha t were the duties of Makita as a liaison man? A Various liaison between the company headquarters nnd the battalion headquarters.
Q Did the company head~1n rters have an office in Iloilo City nt that time?
A Vlhat do you ~an? .. Q The conpany headquarters in which Makita was liaison ~an, did they have an office in Iloilo City? A Yes. Q Was Ser geant Makita's .. linison work between the office of the company headquarters 1Ii Iloilo City and the battalion headquarters a t Iioilo City! A Yes. Q Was he liai son nan during nil of l1ay 1944? A Yes . Q Was he liaison during April 1944?
A I believe he cane t ormrds the l ast !Xl rt of Aprii~
' 319 ~,
BY LIEUTENANT POLSKI: Q What was the duty or the a ccused, Makita, in the month of Moy 1944? A Maldto. was serving with the hoo.vy weapons compnny. .. Q In May of 1944 did you have liai son ~ betwoen the company headquarter s ond the battalion headqunrters? A Yes .
Q And who Wl!S that man who performed liai son bet,~_een company headquarters or Watanabe and battalion headquarters? A In the month or May, Sergeant Makita was that can. Q And where was the company headquarter s or which Sergeant Makita was liai son man? A At that t i me it was in Guimbal. Q And what were the duties or Makita as a liai son man? A Various liai son between the company headquarters and the battalion headquarters.
Q Did tho company head~1a rters have an office in Iloilo City at that t i me? A What do you mean? .• Q The coapany headquarters in which Makita was liaison nan, di d they have an office in Iloilo City? A Yes . Q Was Sergeant Makita's.liuison work between the office of the company headquarters ill Iloilo City nnd the battalion headqunrters at Iioilo City! A Yes . Q Was he liai son nan during nll or May 1944? A Yes . Q Was he liai son during April 1944? A I believe he cane t owards the l ast Inrt or Aprii.
319 Q ':To.s he lini son man during July 1944 ? A I r emember thnt he wns ther e .
Q As liai son between com~)nny hendqunrters in Iloilo City and bo.ttalion heo. J~ Yes. Q Could Ser gennt Makita have gone on o.ny expeditions in May of 1944 in vie\'1 of the f e.ct his duty was liai son? A He cannot go on o.n expedition. Q Was Makita ever or der ec t o the garrison of Mi agao i n the mont h of May 1944? A I believe he was never or der ed ther e . Q Do you know the nccusee. Ito.1? A Yes , I knov1 him. Q I n Mny of 1944 when M['.kita act ed os l i ai son was Itoi o. hel per of Makita ? A I do not know much about the sol ci er s . Q '.1ouln you h~. v e a g ooc~ i c~ ea , t hourh, of the r. ct s of t he ser geant s nnd non-commi ssi oned of f i cer s i n the bat t alion? A Si nce I am in chnr ge of r er sonncl i n the bat t alion I nn f amiliar with the non- comai ssi onec officer s i n t he battal i on. Q Ho\·1 f =ir i s it f r om Iloilo City to the garri son of Miaguo? 320 A I believe it .ls approximately 23 or 24 kilometers. Q Do you lmcw who ordered Makita to be liniso~ between the company headqunrte~s 1n Iloilo City. and the battalion headquarters in Il.Cilo City. in the month of Mny 1944? A The company commandor. Q Who was that company conunan:lor? A Ca pt ain Kengo Watar.abe. Q And wns that who Sergeant Makita nlwcys took his orders f rom'1 I\ Yes. ~ And could Sergeant Mnkitn r etuse or question those orders? A In the Japanese Army nn order from n superior must strictly be obeyed. 321 any Q Did Sergeant Makita make/ exneditions in the mo nt h of Ma y 1944, due to the f act he was liaison between comnany headquarters and battal ion headquarters? A I don't believe he went. LIEUTE.NANT MURPHY : Coul d I have the q ue s ti on read back? COLONEL PARll.ELEE : The r eporter will r ead 1 t . WHEREUPON, the la st question and answer were read by t he reuorter. Q Vias ?,1ak i ta 1 s sole duty in May 1944 to nerform duty in the company headquarters at Iloilo City? A Yes . LIEUTENANT POLSKI: I have no further questions·, sir. COLONEL :om ELEE. : Cross exarnina t ion? LIEUTENANT MURPHY : Yes, sir. CROS8 F.XA?•. INATI ON BY LIEUTENANT J, URPHY: Q ~ere any trials held for guerrilla suspects on Panay Island during January, February, ?r.arch , April, and Jfay 1944? ft Ps far as I can remember , ther e was none. Q We r e the!'e any trials in the Tozuka unit , of which you were adjutant, during that period? A No . Q How many men were t here in the Tozuka battalion, approximately, in the month of May 1944? A Apnroximately eight hundred men . Q Was it customary for a patrol composed of personnel 3 ?2 from a heavy weapons comuany to take a machine gun with them when they went on an expedition? A Customaril y heavy machine guns are used , and even in small mountains, heavy machine guns are used; however when it comes to big mountains, light machine guns are us ed . Q W ~s Makita during 1944 at any time in 1944, a member of a heavy weapons comnany? A Yes, Makita was a noncommissioned officer of a heavy v1eauons company. I Q Was he a noncommissioned officer of a heavy weapons company in March 1944? LIEUTENANT POLSKI: Sir, I object to the que stion. The witness was put on for Specification 5, and he i s asking que stions about things which a re not in Specification 5 in t he month of May 194 4. LI EU1~NANT MURPHY: You mean to say in cross examinati on I am limited t o any particul a r specification? LIBUTENANT POLSKI: I just want a ruling by t he l aw mem ber . COLONEL PARMELEE: He can ask the question. •, LIEUTENANT POLSKI: I see. A Yes . 1f ' . Q And where was he stationed in March 1944? .. • A In Miagao. . . ' Q Was Makita consider ed to be one per son who was very familiar with the Miagao ar ea? A I don't know whether he was a familiar figur e i n the Miagao Vicinity or not, but he was t he gar1·ison commander at Miagao. 323 - Q I meant, was he consid er ed t o be familiar with the territ ory a r ound Miagao? A I don't know if he was f amiliar wj th the territory I at Miagao or not, but he was the garrison commarxler there. Q Dur ing the time that Makita was a t I l oilo as liaison I man between Cap tain t atanabe ' s company and Colonel To zuk&'s battal i on, did you see him every day? A I didn't see him every day. Q Then it would have been possible for him to leave Iloilo, go to Mjagao , and r eturn to Iloilo, without your being aware of that fact? : I A I believe that woul d be impcss1blo because ha is ·under i Ii the command of t he heavy N£' :.1pons company commarrl er and he I I cannot just go off by hims elf to a place and come back by himself. Q Supposing the heavy weapons company commander had ordered him to go , would it have been possibl e for him to go t o f,fiagao and r eturn to I l oilo wi thout y:>ur knowing he had go ne? A I bel ieve that would be impossible because if he wer e to lePve t he l iaison office in I loilo, he must contact the I battal ion headquarter s , s ince he is the head man there. Some matters may come up which would r equire his presence, and he cannot leave without lett ing us know first. I I I 324 I l ,,) ...... DY LI .C:t.TT ~1MNT I.IURPHY : Q Su ., rosinG h e l e t Col onel Tozulm know en c r' i ,.'. not n"·:;ify you, 'oul t'. not thn t be possi bl e? :". Th'lt r1oulc b e absolutely in,)ossible. becnusc a. n 0n- cor.ir.:t1. ssi oncCI of f icer cannot go t o the unit c on:1~1n c"e r r-: ircctly, h t nurt cone through ne first . Q Su ~. 'osine th:'. t Cnpt t;in ··htrmc-.be w--ntea IAnkitn ror n l)a r ti cula t' expcdi tion, couJ <.' h e n c: t hnve t o l d Col onel T az uk~, "I an taking ?Aak it ~ f or ~ C:cy or tvm , is tht". t a ll right vlith ' :·ou 11 , ;:m~ you woulc n ot hl'.vc knmm of thnt f a ct? J. Thnt would b e in;-Jossiblc , t oo , the r et".son being thl'. t in the n0nth of May Gonc r nl Kono cl'.nc t o Pa nny I sl~n( nn Q D::> y0u know 11h~ t Maki t c. (.id in Hr:y i n the Miug~o ur cn "I LI:WTENANT POLSKI: Sir, he has '1.lrcncy t cstifie ( I.. I un<.~e r sto f' r' -- LIEUi'ENA:!T POLSKI: ~"f r. it r.. 1..inut e -- thr:t he \JH.J n ' i in ~ 1 1--. g r· o . Then h e tc ~ tifi u d th'"'t he w1s in Ilc ilo ~ s ·1 linison 'ff'iccr . 1 LI EU'rr:~~ .-l.NT Mtmpryy ~ I \,1:-nt tc k1:rv1 ,;hy h .;> fl·• _'.!f'.'( i1h y - - COLO'!EL PJJ LI EU?~KANT FOLSKI: J e'1 j cct t (> t h e \'W.Y !1t. 1ur: ·t1 nc , , s J:ying , "Do y ~u 1mni l'n s r 1u ty ih the M"i<.:..f'·r·· : r: .. rif't •J ' i n 1.1--:y?11 Th· t i !.' ''. l e ·' i. '1 ; \j u c: :.;tior• t c th< nth ~:r1 r • :· .. l\. t r;vu · s.i <' ht· .. .., ~ tn th·.., ~u~ "':.<., ·:1 rris'Jt ,Ifh~". '.:> k cc.' "h j • U1 t 4 11 .. uc .. l · •1 : " W: ~ f' h 1J i r the Hi" r, ·:\' f · r ris tn :! j , i cc; ti.11 t. h ~ " 1 1 •nc;y If tJp \; 4 ·lr,c·!.:' , hut j n ""Ju::> ~.. ... ~., th' . .'ltn~; s~ 1 · -. t~ thl 1.c'u~ , } ' I. ~" l i ·~ l r ··1-. c-t .··1 t · 11; .: ..h1 tj '"'~ rt.th•.!· t hen '1 i P ~ 1•i+::i nr .'hr-rr, I he was ll>cnted -- COLONEL PARMELEEs V/ell, if ho doesn't lblow tho answer he can say ho doesn't know~ LIEUTEWANT POLSKis I am objecting t o the f orm of the question, Sir, it being, 11 Do you know the duties of Mak ita in t.be Mi v.gao garrison during Uay'l11 He alrendy t estified that it was i n May -- COLONEL PARMELEE: 1/lill the r eporter r end tho question, pl ease? (The last question was r ead by the r eporter.) COLONEL PARMELEEs Can you r eword thnt t o pl.nee him in tho Miagao area? LIEUTENANT MURPHY: I will w1 thdrnw it conpl et oly, Sir. COLONEL PARMELEE: Very well. BY LIEUTENANT MURPHY: Q Wer e you in charge of awarda f or tho Tozuka Unit in the month of January of 1944? A Yes. Q Do y0u r ecall Makita r eceiving a coI!lJllendntion fo r an expedition i n the San Jose, Iloilo, area i n J anuary of 1944? A Yes, I know of it. Q Whr f orwar ded that comnondation to battalion headquarter s? A The compnny comandar. Q Vias tha t rlat nnabe? A Yes . Q Do you r eccll h\v1 tho conncndnt i on \'las wor ded? A As I r oncnber it now, it stated that n sudden attack was r.inde against the eneny base in the ar ea nor th 0f 1i ngao. The 326 ba ttle r esult wo.s good am quite a nunber of aras was capturod . Q Did the comnendntion soy how m ny men took pn rt in the a ttack? : . \ ' A It was Makita who r eceived the cormnendntion and I don •t ~ .. \ . r omenb'er it nentioning the nunber of nen who pnrticipnt ec • · Q Did it nention how t1l1IlY nrns Mokitn•s unit had captured? A In tho connendation it did not nention the nunber of a r ms , it just s aid "na.ny"• Q Did it nention the number of guorrillns thnt hnd been killed by Mnkitn's a ttack? A That kind of thing is not on the coI!lJ!lendation. I 327 , ' Q Dld it men tlon that women and children w0re killed in tlH·1 rt ta cl comm~ndation to Gener al Keno 's he~dquarters? A No. LIEUTENANT MURPHY : I have· no further qu estions. COLONEL PAREF.LEE. : Hedirect examination? REDIRECT EXPMIN\TION BY LIEUTLNlNT POL~KI : Q Had the r enort of J\Jak ita ' s oxpeditjon boc.n r enorted as j t was, but added to it were the facts 1.ha t ncrhaps v~om c n and children were killed incident to cl eaI'ing out a susn <"' ctcd e uPrr ill a outnost , would not ~·'aki ta have been commend ed? A I c~ on 't bel icvE: he should hove r eceived a commendation, Q .ff, in the attack , women arrl children happE·nt d to be in OS the same hut that the gue rrillas were using/ an outpost , nnd ln th(; a ttack against it they v:crr· l< illed , a l though prj marily th t:"' a ttBck was to kill th0 gucrriJla s who were ush1g tha t house as a n outpo3t , VIOUld not he have been comm ended? A It would dcptmd upon the circumstances , If th0s e: women and chiJcJ r en we r e ki ll<: d incident to the combat operation i t~ t lf , tr.tat cannot b G hel ped , If the liattl e r esults w• r e good , h e woul d r e ce ive e commend; tion . COLONEL P/Rf LLE.E, : ~ o.y Hr hr ve tha t. t' m:sti on &nd "newer r £·a d? wP.F.r.LU C 1, t he 1'4 st qU E:: !:i 1.i on end :. n swcr ··11e r ~ r E-aj t y th · r nort c.. r . 328 , Q Was Captain Kengo Watanabe f amiliar with tho territory ar ound Miagno? A Capta in Wotnnabo was the commander of the secur ity garrison in charge of the southern posts of the coast south of Iloilo. It includes San Joaquin, Miagao , Guimbal , T ig~aw.:in a nd Oton. There were no security soldiers a t Oton. Oton was just in the ar ea; ther efor e , Captain Wa t anabo wou ld be f omiliar w1 th this t orri tory. Q t nd would Captain Kengo Wat anabe issue nll the orders f or activity in that ar ea you have mentioned ho controlled? A Any nctivity taking p~ n c e in this assigned a rea would be carried out a ccording to his orders , I would a lso like to add thnt members of Captain Watanabe 's company also we r e in charge of Bueno. vista on Guimaras Island, Q Wes the Miagao garrison under tho control and commend of Captain Kengo Watanabe? A Yos , of course ; since thoy wer e a ll Cpptain Watnnrbe 1 s subordin:t t os, they w0\·1.d act according t o his ordc.rs. Q Jnd did Kongo Watnnabo put f oar into his men so tha t they would a lways obey his or ders with out que sti oning them? f , Since Septcmbe-r 1942 I s erved in tho ba ttal1.on headquarters with Captain Watanabe , He was the senior officer in tho battalion headquarters. He was in cher ge of oper a t ion, int e ~liganoe, and training, He was a specinl volunteer officer . F'or ·a Japanese soldier, Captain Watanabe was r ar e , in t hat he wa s always thinking of glory, and he was oxt r Gme ly egotistica l , For this char acteristic he used various methods. Townrd the subordina t os he alw ~ulli e d them, and his soldiers and officers wer e al ways 329 ' "" I afraid of him. Q If Makita had made an expedition in May 1944, who would order him to do so? A He did not go;but is this a hypothetical case?· . Q Yes, A It would be umer orders of Captain Watanabe . Q And is that the Captain Watanabe you have just described? A Yes, it is the same Captain Watanabe who was Mak ita 's compr ny commander in the heavy weapons company. Q Would not Colonel Tozuka tell you that Mak ita went on on expedition in May, if Captain Wa t anabe had told Colonel Tozuka he wanted him? A This is another hypothetical cnse , is it not? Q Yes. A Of course the unit commander will speak to me about it. LIEUTENANT POLSKI: No further questions, sir. COLONEL PARMELEE: The Commission will r ecess at this time and will meet at 1300 hours this da t e . 330 ~ET~RN~~N S~§§lOH The Corunission r econvened, pursuant t o reoess, at 1300 hours. COLONEL PARMELEE: The Connission is in session. LIEUTENANT MURPHY: Sir, nny the record show t hat tho f ollowing menbers of tho Cornr.iission nr c present: Colonel Par ael ee, Col onel Stickney, Lieutenant Colonel Stone ; thnt the nccusod arc present together with their por sonnl interpret or, nnd thnt the rnenbcrs of the prosecution and 1efense stnffs nre present. Jiro ·Motoki is on tho witness stnnd. V/111 the interpreter r onind the witness th~ t ho is still under oath? (Interpret er Ogitn converses with the witnctfs • ) COLONEL PARMELEE: Rccross-exnriination'l LIEUTENANT MURPHY: I have no r ecross. COLONEL PARMELEE: Questions by the Comnission? EXA11INJ.TION BY THE COMMISSION BY co1o ~· E1 PARMELEE: Q In the nonth Qf May 1944 on direct oxnr.iinn tion you t estified thn t Maki t a wa s linison f.ron his coripany t o tho Tozulro battalion hovdquarter s . Is t hn t correct? A Ho wns not dispatched t o the bnttnlion hondquartors. He vms dispntchcd froa the cot:lpnny, serv:ing n s a. conpany lia isvn nan. q Did tho conpany thnt he w:is liaison nnn f or go on nn expedition in Mny 1944? A I will ha vc t o explain scrio t hing. Tho conpany vrill 331 hl" VO vo. r i cus gr oups st nt i oned nl l over in i t soosi gned nr cn • . Do you nean , would that whole company, including those gr oups , go on an expedition? Q We ll, I will n sk you this que sti on : As I r ecall, you st ated that ha, mean!Dg Mo.kit a , couldn't have gone on an expedi t i on i n Ma y becnuse ho was lia ison officer. I s that c o rr e ct~ A That i s cor r ect . Q Thon, whnt di d he conti nue -- thnt is MP.kit a -- did Makitn continue t o pcr f or n the duties of lit'.. ison . between hi s company headquar ters Rnd b~ tta li o n headquar t er s dur ing the nont hcf May? h. Yes . Q Lat er, duri.ng direct oxnni nation, a. ~d t.eing questioned ns t o whet her Mak i t ~ could hnvo gone on an exped i t i on, you aade the statement 11 ! don ' t bel i eve he went on nn expcdi t i on". A I sn i d 11 ! believe" because Mnkit o. l". nd I wer e not const:lntly t oget her i n the snne place. He v,us nppr oxi.nat cl y '.) ne kilonct or rw1ny. Th~ t is .w hy I could not t.~: : o a def inite. st at ement thl'.t ho did not go . That is vrhy I . had to add tile ·word ~ ·I believe . 11 Q We l l , in one stRt ernent , t hen, you s~ i d he coul d not ha~.:v e pone , tha t wr. s posi t i ve : " It vm. s i mpossible f or r him t o £0 11 , f'. nd in the ot her statement you s '"' i d you doubt ed ~~ - d on't believe he went. How do you r eeonci l e those t wo sta t ements? f. The bf'.. t t ulicn ho~dqun r t e r s \'l".S i n 1. pl~cc cal l 0d Ln Po. s in Iloilo City. The conpr.ny hu:-d qunrtcr s wn s in ;. pl ~ c e called Rizal in Iloilo City. We wer e not const .., ntly ,,. _ 332 t ocothcr so t hn t is vrhy I Dl!'.dc thos e stnt cnents. BY COLONEL S' 1CKNEY: ' Q We r e y.1u the nc.ljutnnt of this s,..me battalion fro ~ J anua ry '\through Mat. ·1944? 1~ Yes. Q And wn s Ca pta in Wn~r.nb e Scr &ennt Mnkitn•s company cor.llio.nder durinc all that period? A Yes. Q You spoke of Cnpta in Wnt nnabe· connv.ndi ne a l ar ge a r o~ including, among othe r pl P. cos, Mi ngao , Guinbal, Tigb~uan, · an~ Buenavieta. · During what period ot time wor e you r ef erring when you said he cor.manded, controlled, this l a r ge ar ea? -,. 4 At first fron J nnua ry Capt a i n Wat a nabe was in char ge of San J oaquin and 'J'.!goouari. GuinbRl wns conrmnded by the t hird conpo.ny in J anuary. The coopany cor.u:mnder vm s Knwnno . Fron & rch or April Capt a i n WD.tnnuoo t ook over the entire coastline . Q You sta t ed that Me.kitn vrn s lia i son of f icer fron Wa t anabe 's conpany t o the b'lttalion nt Iloilo City~ I s t hn t correct? A ThD. t is corre ct. Q Do you r cner.lbor a period whe n ho pe rfor med t he s n.ne duty doYm a t Gui nbnl nncl not a t Iloilo City? A I don 't undcr stP.nd wht'. t y,-- u noun bec:-.use I c c.n• t understand ~ - liaison man remaining a t . Guitrlbal. LIEUTENANT MURPHY: I think, Sir, tho r e cord docs show that he nentioned Guimbal· a t one t ime . nnd, per.heJE,I hel i ove he meant Iloilo. Is tha t · wha t you a r e r ef erri ng t o? 333 I COLOfTI:L STICKNEYr I beliovc in n priGr d a t e •~ r ccc r d ue uill have r eference t o tho sorrcont beinc n lio. i s f" n officer o. t Guinbnl. LIEUT EN,~ NT POLSKI: Sir, I d .-m t t r ecolle ct he t estified -- except I do r ecollect Lieutenant i:urphy 1aid this .. 1')rninc he di d nenti· n Guinbnl and then l a t er cla r1fied it and s ni d Iloilo City. CQLO i~EL STICKNEY: Thnt nnsn 1t \7ho.t I hnd in n ind • I hn.i s ~ :-:c thinc ,·,hich nppc~ rs in the r e cor d fr ~ :.i nn , thor ..,-11 tne ss nnj no hn vo £>. stn t cr:ont n.:--VT, n s I un·lorstnnd 1 t, t hn t tho sergennt wns not on this duty n t Guir.ibnl. Is thn t corre ct? A Vhen is this? COLONEL STICKNEY: Durinr the peri0d j·p_nu ~ ry t o r~n y 1944 or nnytine durinr· th ~ t period . ,~ All I know in thnt period is ~ P rfonnt 11nkita vro. s the ,·nrrison cor:.nnder nt r:ingno r.t ne tine but I d" not kn">w c f his ever servinc in thr. t capo.city at Guinbo. l. './hen I sny 11 t ru-. t 11 I nn r ef errins t o linisf) n officer. l 334 I"", Q Did the sergeant ~ome immediately from command of i i agao garrison to the place in I l oilo City about one kilon ~ e t e r away fr om you , without any intermedia t e location? A I don' t know t hat noint becausP he is a so l dier in the comnc.ny . He moves according to the orders of t he cor.oany commander . Q During the month of May did your battalion go on t\'IO QXneditions a considerable distance f ro~ Iloil o City? 1' Yes • Q And did the battal ion commander lead these exneditions in ne rson? A Yes . In May Lieutenant Gene ral Kono came to Panay Island and led the expedition. Q And did you~ battalion commander accompany his exneditions in uerson? A Yes . Q How much of his battalion did he t ake wi t r hi111 into these ex~editions ? A .Dopending unon the exoeditions . .'h~n tte bettal ion commander goes out nersonally , usually he takes tv10 hundred or two hundred thirty or two hundred forty men . Q Is this t he number the: t he took on U.e two exoediti ons of which we ar e sneaki ng? 1 Gener ally so . Q Hort rnnny did t .hn t leave behind? ,/horc? Q That were not on the exnedition? h Th0 ccn of the battalion were located ~1 1 over thQ Pan ~ y Islnnd . r hen tre battalion corr.r.1a nd or goes out on nn exnodi tion, 335 h e picks up men from here und ther e , so the r e wer e men all over the ola ce , Q 1,1/ha t wa s the strength of tho ba tta lion in l.ay 1944? A Aporoximat e1yS1ghthundrod men. Q On t he s e t\'lo occasions wh en the battal ion comma nd er took f r om t wc hundr ed lo two hundred fifty men w1 tr. him, you wer e act i ng batt a lion comm~ nd e r in cha rge of t he r omainde1·; is tha t corre ct? "' I wa s not the comma nder. I. Who was the commander? A Even while on the cxpedi tion, the battalion co mmander sti ll ha s men a ll over who are company command ers. He still comma nded t hose men from wh er ever he was . Q Did you r epr es <:'nt him a t Iloilo City duri ng tha t periC'd? A I n I loilo Ci t y ther e we r e other seni or of f icers wh o wer e comnany commanders . Q \'as ,. citanabe one of thcs o? A No . Q \ther e was 1."c:i t ana be during this month? A 'The month of I· c.y? Q Ye s . A He: vms i n Gu i mba l. Q Wns that t he l ocat ion of hi s company? h Ye s . q ~ hat was this location in I l oilo City wh ~rc Ser geant ::akita wa s r Lprescnt i ng Captain WatanPbL? A : t the Rizv. l El (:mcn tary School . ri \.' hot wa s a t t hc t scrool bLsidr s t he company l i a ison of'fi ccr? 336 A The third comnnny was loca t ed t he r e . Q "'ho took action at I l oilo City whe r e dc!cisions wer e ncudc.d in a hurry while the ba ttalion commander was a a great dist ance? lia i son 1~ 'l'hc r- c was al\mys wircl t s :;/bctween the bat talion h c.<.i dquart crs in Iloilo, a nd wh er ever t he ba t talion commander wa s . Q Of what did this lia ison consist? i-. Wirel e ss. Q Ho you r ecall 8n exnodition to Maringya n during May 1944? I~ I don' t know of tha t pla cc . I had nothing to do with oper a t ions, s o I don't know the m~mcs of the locations. I can r e cognize large c r cas, but if it is a ba rrio, I d on't know . Q The ~a rin g ye n that I s~~a k of is o barrio in Liagao . Do cs that help you? i ~ I don' t know where tha t i s . I huvc ne ver been in ,.'iagaa.. COLONEL p;.m:ELBE: The r e appc;• r to be no furthe r quest ions by the Commission. Pas the def c- nse couns el anything more t o ask? LIEUTENANT POLSKI : No , sir. COLONEL P1~RLE LL[ : Has the pros ecut i on any que stions? LIEUTENiHfT rUTIPHY : No , sir. CO LONEL P. mELLI. : ThC \'1 Jtnc ss is l'XCUs ed. LILU'l'INiJT1 nOL""KI : Sir, a t t his time th'"" dcf Lns c will r 0call Hamamo to , who will t estify ~s to Spe cification No . 5. Hi+l you r emind th0 v1itnc ss t hc t he is s t i11 under oath? 337 . I WHl Til UPON , thE Interpreter spoke to th ~ witness. LIEUTEN/,NT POLSKI : The witrn.ss ha s just beLn r em inded that he is still under oa th . a wi~ nc ss r e: ca lled by the defense , ha ving b e~ n nreviousl y sworn testified a s follows throu h Interpre ters Yammno to a nd Og i t a : DIRI:CT E. XU.HN;. TI ON P Y LIE'UTr.Ni.N T ~ OLSK I: Q .1 ha t is your name ? '' t nsafuj i Hamamoto . I.r e you the s ame ~.~ a~:if:.iji Prmr.mo to v1ho has pI·cviously testified in t his case? Q In t he month of rua y 1944 , did you f Ver go to I l oilo City? A Yes . •"' l'lhy did you visit tha t clty'. ~ For l i~ison pur Doscs. •1 ,.nd \'Jl1c:. r o wer e you lia ison from ·: '. From th. detachment i n Bue: navj stt. r·n Gu imar C\ s l slnnd . ·. '• BY LIEUTENANT POLSKI: Q How often in May 1944 did you visit Iloilo City? A Five or six times. Q How mn.ny times a week? A Approximately once . Q And in your visits to Iloilo City during Mny was Makit a , the accused, in the company headquarters in Iloilo City? A Yes. Q Do you know \Vhat Makita ' s duties wer e in the company heaCqua.rtcrs in Iloilo City in the month of May 1944? A He was doing work in the liai son office . Q Did you s ee him there during the month of JU11() 1944? 11:_ Yes. LIEUTENANT POU3Kis No furt her questions , Sir. COLONEL PARMELEE: Cross- cxomi notion? LIEUTENANT MURPHY: Yes , Sir. CROSS- EXAMI NATION BY LIEUTENANT MURPHY: Q Do you r emember the exact dot es thnt you visited ' Iloilo during the month of May? A I do not r emember. Q When di d you assume command of tho Buennvi st a garri son on Guima r t.~ s I sl and? A The l at ter part of April. LIEUTENANT MURPHY : I have no further questions . COLONEL PARMELEE : Redi r ec t cxnrninnt i on? LIEUTENANT POLSK I: No , Sir. COLONEL PARMELEE : Quest i ons by the Commi s si on? COLONEL STI CKNEY: I have s ome . 339 EXAMINATION Bf' THE COMMISSION BY COLONEL STICKNEY: Q Did you see Sergeant Makita at Iloilo City during May 1944? A Yes. Q Where in Iloilo City was ho located? A He was in the company liaison office. Q Whore was that office? A In Iloilo City. Q Wherea~ute · in Iloilo City? A It wns in n big l:uilding which we call tho Rizal tnrrison. Q What other installation was in the same building? A There were some units in there. Q Whnt units were they? A The Nakamura Unit was thore. Q What was the size of the Nnkamurc. unit? A I do not know the strength of tm upit. Q Was it a company, platoon, or battalion? A I d6 not know. COLONEL STICKNEY: Thnt is all I have. COLONEL PARMELEE: ftXty flll'ther questions by the defense or prosecution? '\ LIEUTENANT POLSKI: No, Sir. I I : LIEUTENANT MURPHY: No, Sir. • 1! I ~ ~ t COLONEL PARMELEE: The wi tne s s is excus ec~ • , • .~ 'I• (Witness excused} \, ,. . ~ LIEUTENANT POLSKI: Sir, it has again been \ _,, - ~ stipulat ed between the prosecutor and the def ense that the t estimony of tho witness Mamoru Aknrnine may be road into the r ecord. This conc erns Specification No. ?, (Reading) : / 340 ~ • "UNITED STATES OF AMERICA "versus "TOKIZO MAKITA, HISAKI ITAi "Due t o the uncertainty of the nvnilabili ty of the defense witness, Mruuoru AKAMINE, f or merly a Vlo.rrnnt Officer in the Japoneso Imperial Amy and no\'J residing in J apan1 the Prosecutor1 First Lieutennnt Willian E. Mur phy, Inf. and the Dol"ense Counsol, Second Lieutenant Robert J. Polski, Ord. Dept., hereby stipulate that if the defense witness, AK.AMINE, were pr esent, he would t estify as stated in this stipulation. "The Prosecutor, First Lioutennnt Willian E. Uurphy, sti ~ulating hereby does not necessarily a dr.1it tho truth of Akanine 1 s stipulated testi~ony contained her ein. "S T I P U L A T I 0 N COLONEL PARMELEE: (Interrupting) Does the pr osecution join in the Stipulati on? LIEUTENANT MURPHY: It doos, Sir. COLONEL PARMELEE: Proceec. LIEUTENANT POLSKI: (Continuing to r onc1 ) 11S T I P U L A T I 0 N "Witness - Mnncru /JCAMI NE , f ornerly Wnrront Officer of Jn p~.nesc Inperlal Arny. "Resi conce - Not suichi nur n, Ono gun, Oitr. pr efecture, Kyushu I s ., Japan. "Duty --- Personnel Officer of \"latnnabc Conpn.ny, Deconbor 1943 - 4 Sopt oaber 194,. "As concernµ Snocificntion 5' "1. Akani ne know all of the affairs of t he Watnnnbe Con~nny concerning the per sonnel. "2 • 1 April 1944 Cnptcln '\lntonnbe or der ed Mnkita to Ilcilo City t o act as a Clerk in the Co. Hq . 341 II 3 e Makitn st ayed at Iloilo City in tho Co. Hq. as a Clerk from 1 April 1944 Wltil March 1945. "4. During r.ionth of May 1944 when the incident in i pecificntion 5 allegedly occurred, Mnkita was never at Miagao or its surrounding barrios . ( s) "Willian E. Murphy (t) "WILLIAM E. MURPHY "1st Lt. Inf• "Prosocu!or ( s ) "Robert J. Pol ski (t) "ROBERT J. POLSKI "2nd Lt.·, Ord. Dopt. "Def onse CoWlsel" COLONEL PARMELEEz The s t at er.ient just r ead is r oceived as stipulat ed t e sti ~ony. LIEUTENANT MURPHY: Is t hnt the l nst of the stipulations, Lieutenant Pol ski? LIEUTENANT POLSKI: Yes, sir. LIEUTENANT MURPHY: I wonder if the r ecor d coul d show through your t estimony wher e you got t he infor na tion from in or der t o pr epar e the stipulation? LIEUTENANT POLSKI: I got the inforn~ ti on to pr epar e the stipul ati on f ron tho differ ent witnesses which I hn an < ~ I hnd written ther.i down and t aken t hem t o Pr osecutor Lieutenant Murphy as we stipulat ed that it wo uld be r end i nto the r ecord os such. COLONEL PARMELEE : Then, I und erstand t he source i s not Ake.ni ne hi nself but whn t other peopl e sai d they thought Ako.moo wo uld sny? Lm UTENANT POLSKI: Yes , Si r . 342 COLOrTEL PJJU!ELEE: Th ~ t is true of ".11 thd st i ~ul ~t i ons th~t you h ~ ve r e ~ ~ ? LIEUT:CNJ.NT POLSKI: Yes, Sir• COLONEL Pf'.niffiLE·.:: : Die the o; c c u ~eC: , Toki zo r·~~ k i t " , :. nd I-asc. ki It-:- 1 / c; ivc you inform".tion \/hi ch boc~mo ' ·. '"' ".rt of the s ti;-ul "tio n '? LIEU TENf.N'r POLSKI: Yes' Sir. They YIOrc not the only ones ·:,ho c"' i t give me i nfo rm~t i on ".s f :-.r · s the.. s t i : ul · t i on \:Cnt. LI Elrr ~~N/.NT rru:.i.P;JY : 'Jer e tho others \lho g~vc you \Jitncss cs ln this er.so? LIEUT:GN/u~T POLSKI: Not c vc1·yon ,:; . no. I c,i r"' not C".11 to tho \ ; i tn0ss st;--.nc1 every ..,c rson ·Jho g ~ vo n:c 1nform:t1on f. t this time the c1 uf cmsc \Ji 5h( s to c ;11 ~. s its n oxt .dtness the ~ ccu sc ~ M~kit ~ . ..., ,. "') .... · ... ~· TOKIZO MAKITA a wi t ness for the def ense, being first duly sworn, t estified as follows through Inter pr et or Yoshiaki Ogitn: DIRF,CT EXAMINATION BY LIEUTENANT POLSKI: Q Whn t i s your name? A Tokizo Makitn . Q What is your age? A 29 year s old. Q Vllr. t is your nn t1onn11 ty? A Jnpnmse. Q Wher e is your homo:f A The outskirts of Hiroshima . Q I s that the same Hiroshima that was bombed by the Amer i ccns with the a tomic bomb? A Yes. Q Ar e your pn r ents living? A ~ do not know . Q When i s the l ast time you hcnrd from your par ents ? A Around July 1944. Q In January 1944, wer e you on Panay I sland? A Yes, I was ther e. Q Of what unit wer e you a member? A I wus a member of the Wa t anabe company. Q Of wha t unit was Wat nnnbo' s company? I A A par t of tho Tozuka l)sttalion. Q And of wha t unit \1as tho TozUka battalion? A Part of the Kono brigade , Q I s t hat Gener al Kono ? A Yes , 344 Q In Jnnua r y 1 944 i"l:ir:ire w9r e you s1ationed? f• :: wa s in Miagao . Q And nndcr \'1t os e comma nd wa s the t .. jagao garris on ? .L.. llndGl' the comma nd of Capt ain ' 'Rtanabe . ~ Duri nG the period J anua ry 1 944 t l.routh a n j inc:ludir g ~· ay 1944 , was the garrison bo t her ed or hll.'ra ssed r1uch by the guerr lll a s ? '. .'s I rerr.em b ~ r , ther e we r e thr ee oc casions . Q ·t hat \"lere those occasions? 'l'he fj r s t t ime v1a s i n F'a brua ry, I ha vc for gotten the nni i d~·s i g na tion, but the fiel d a r tillery unit wh: ~h V!as tl·ern , was attacked . l~ ln Febr uary \'.1r>r·· you a t . iugRo? ln Febr ua ry I was in I l oilo • . rat other oc cas ions '.va s thn l· taga0 garrison a t• ack€1 by guer r illa s? ;,. In the Garly nart of . rr .:.1 , on Lh:1 t :>ccasion Pa...:crro 1' na no rninglcd with the en ~r: y a rid 1 Ed the e nemy ot r s•·m1J ly 1 o t he g'.lrr.lscn . ~-· kille·J the sol dir·r a n j a boy . P.·~ a lso threw two hand g r ~ n~de~ into my r ·0m. n fl er t~at th· rt ~~3 '1 fi ·"? J'C' O attack f r om th 1;: enerl'ly • .i1 •,a; a t iha t t jrr 1.rat r- 1 c.. 01· two nnti ·.rr- :1 were i n ,iurr d in tt.• .. , i c ..i ni ty f'\j' th'"· <'}' Ul.'Ch . -< • 'J.S yo~.u · company corrma nd1 ·r Captdir • .K ngo Ha tana b · H Ye...; , !I( \/1!" wo1· rj ed . ' '• l E. th e ..:;u0rrillas well OJ' gardz C r1 in t }-J. I erri "'l'y". r • .~ .. .' .- '. r.ic r e l.'. (' 11 or gar11.t 1··d • Q And wer e they ver y elusive? A They w0r e very elusive . Q I nd did ('XtrC:trc measure s have• t0 b E; taken j n order to s1::ttl <: the guE. r ri lla or obl cm? A Captain .¥atanabe said that if a comnlc t c puni ti V(.. exrc dition wer : not carried out , peaco will never come t o Panay Island . He was continually e: ncour aging tho men on tha t orde: r . q ~In s it Cautain Kongo ·./atanci bc , the company cor:.!!'la. ndt r , ,~ · o set the policie s and mad e the orders concarning guerrillas ~ n6 lh tnhabitants of your t e: rritory? A Yes . Q ')ld you c. vcr q · 1~ stion h:' s orders? 1\ No. Q Why ·~ A Captain \'~· a tanabc. was a rnan wh0 v:·1 · v ... r y c.a.:;iJy argrava t c·d <.md became angry ve: ry r cadi ~ y . T J' ,•c s~ ouch•: c n l it tlc. , he r, ould imn~c·d i a tcly yc L'. .:-n · k ic ~ 1.s :.- nd b .....r. · us wi th a s\!crd •. ·~ /1 c. r c you in constant f ear o.: , c"",t'lin KC:'N'' 1.3tarn,l· " ,, YL-S ' T \'i<:'.S . 1.'2 :fr.r e you just a s obcdien+ to iii·· 1)l"!t'l'~ , . ],.··c!1c~ 1b. :> wu r ~ giv ~ n Jn pvr son or by t Ll0nhon ~ A I obeyed th ~ m just th~ s·mc . ~ llhy? A }ic i.~ a man , as I hav(. d·!s'riL···: ,. l i~ 1 11. \'.hil\: ago , l f \'. .iola t c his or der in c:ny Y.a) , l •."o .. J · i 1.r1 ·tic.. h .J :. • u n l~L us. 346 Q Ha ve you cv0r f 0ar cd in your life any man mor e than you have f c;arcd Captain Kengo Wp tanpbc·, your comnony comrr.and cr, and whos e orders you obeyed? A Ther e was no one else who I fear as much a s I did Cantain Watanabe. Q Tias that nhysical f ear in addition to m0ntal f car? A I was afraid of him spiritually. Q It you ha d disobeyed one of Cont ain Kcngo V! a t anabc 's orders , would you have f eared f or your bodily saf ety? £ ' I hav0. f oa r t;d of r ccclving bodily har m, but the ffi(nt al fear was gr eat er . For e xamp l e , for the slight he \'lould bca t us , kick us, sla p us, in front of a common so] dicr . t s noncoms who would 10ad these common soldier s , tlicr e is no gr ca t i r d i ~~g r aCL· or handicap a s such a d c:rr. onstration . Q Dld Captain Y. engo Wn t anabc evrr beat , kick , or hit you with a s\·1ord? A Yes . Q ·,/hen Captein V1ptanabc finished wi th you , did you know he was your boss? A )"( s . Q Did you ever go on e n expedition dur ing the period Jonunry 1944 through r. ay 1944 wi. t hout a dire.ct or der from company commander Crntain Kongo ~atan rbc ? i1 t!cvc r . COLONLL Pi.RrI LEf : 'The Commission \·,ill t ckc. c: bout a tc.n rni nuh r 0ccss. 347 • COLO NEL Pt.Rf:ELEE: The Coru1issi,.,n i s in sessi on. LIEUTEN.U!T POLSKI: (To ! ntorpr ct e: r Oc i t n ) 1:.r ill you r onind t ho Hi tness tlw. t ho is still under on th? (Interpret or o··i t n c0nver sos \".'i th tho ni tnoss.) LIEUTEN:.NT POLSKI: ' "ill the r op..,r t er r end bnck the I r.st questi· n :'lnrl l". nsr:or, pl o:'.se ? (Tho l nst questi r n nn1 ans,· ·r Y!Or e r c:d by t he r ep r tcr.) DY LIEUTENANT POLSKI: Q \/ho.t Yms Cnpt : in Konco \"!nt a nnbc 1 s policy a s concorn.s t;ucrrillns? Guerrillns nust be nttnckod ~ nd C'n pl otoly nnni hil P. t ed . Q \'! h~ t abr ut the r e sidents of tho t crri t o ry in r!hich the cuor rillns l'. r .J suppri scd t ) llD? !. Tho nr on s in Hhich tho cuc r r illn. s ner o hi '~ inr nust be conplc t oly cle:no1 out even t o C:'. ts :nl d· s so thnt the r uerrill1s uill never think ;-.f rmkinc positions thC'l"O llf nin. Q 'Jns Snn Jr so one »f th,.., s c pl 'lcos? A Yes. Q Di·i Y' ur cn:p:ny conncmlcr, C n pt~ in \ifo t nnnbo , instruct ycu every tine y -.u yrcnt on un oxpecli ti 'n n s t o his p1.') l icy concor ninc f" Uer rill[l. s :-.nc1 the r e sidents i n th: t t erri t ry? A Yes , every t i ue . Q Did Cnpt:-.. in \/nt rnnbe hnve thnt pol lcy bocnu se of the elusiveness ': f the cucrrillu s? , .~ Ye ,.. , the cucrril l ns r:e r \.. extrencly e lt:.~1,re . They r:1ul d a t t:ck n t one p l~ c e an 1 t hen they \le ul 1 v: nish D 111 n in ~: l o ·.·ith the civi l i~n s . They \1o r 0 no"' rin: ci·1ili... n cl t hes so t hf'.. t it ,_.,ns cxtr cnoly difficult t o cliffcr cntint ... 348 bct\1ocn civili t'.ns ~n· 1 r uor r illns . Capt ain Watanabe t old us i n t hat way we can never cluo.n out the guerr:tlla s ~o t hat t he ar eas wher ein the guerrillas are hiding ~ust be cleaned out conpletaly. Q Here you i nformed by Capt ain Kengo 1Jatanabe t ha t guerri llas of ten hid i n civilian homes and of ten hi d their ar ns in and opera ted from civi lian hones. A He h a d . l a ~ tur ed us on thtlt aad .I also know of it as a fact. Was it Captain Kengo V/atana be 1 s pol icy t o instruct , ~·. 1 1 the non-commissi oned officers bef ore t hey made an expedition and t o expl ain his policy on guer r illa s and the resi dent s and to put that po licy i n the for m of an or der? A He would gather the non-commissi oned of f icer s and he would s tate that "you must f ollow my po licy" and in the or <1 er 1 tself he woul d say "compl etely A The c o ~ and doe is a figure of speech which he used and it means to completely kill them all. 349 Q In January 1944 did you make an expedition to San Jose or its vicinity? A Yes . Q About wha t date would you estinat e that expedition to have been made on? A 13 January. Q Who ordered you t o make that expedition? A I r eceived the or der from Captain Watanabe , Q In his order to you did he or der you as to his I po licy concerni ng guerrillas and the r esidents in the a r ea? A Yes. Q Would you dare que stion those ord r-· rs'? A I cannot. Q V!hy was it San Jose that vms picked as a s pot f or t he expedition of January 1944? A .. I received i nf or riation from the na tives and I r eported it t o headquarters . The infor mation stated t ha t the strong enemy ha ve had an outpost in the San J ose vicinity and they were planni ng to a t tack the ~: ia gao garrison i n the near future . 350 Q What natives gave you that information? A An employee who was working on the construction of the airport at Cabatuan. Ee is a native of San Jose. Q Do you know on what that native based his inf ormation? A This n~n went back to his home in San Jose to go a fter his \"Jife and child; how ever, the guerrillas in the area said that no one can leave that area dnd go toward t:iagao, ~ ' h ey l ocked uo his wife but thi~ men r·eturned to ~.! ic g ao and he r e"'orted this fact to the garrison. Q '.lh en you l eft for c::an Jose v. s ordered by Captain 1 • a t anabe , what time did you arrive in the vicjnity of San Jose? 1' We left the garrisona/~~ ~~dp . m . v·e mov ed out , and .l believe wa s around twel ve o'clock when we r eached the br r rio of Sen J oze. Q Wa s it dark out the t night? A Yes , it was dar k . Q 'ould you exrylain to t he Commjssion what ha ooened as you cnnroc ched the vicinit y of ccn Jose? A .rn a rrived i n San J os e a r ound twelve o ' clock e nd captured t he bar iio l ieutenant end obtained i nformation from him . According to the barrio lieutena nt t h er e wvs a ol a ce where upproxir.?r t ely one battalion of enorr.y was stn tioned . 1t wa s enoroximetcly one t o one and a he l f kilome t ers away . Q ''hri t hannened then? A I ~i~nned the oner c tion. The enemy a r e~ contained one l arge house a nd annroximu t ely tv.ro hundred me tc·rs av1ay the r e 351 wos E! n outpost a nd ll warehouse . l split my squad into two, and nrepared for a t tack . Q ~1 y did you split your squad in t wo? A 'l'here \'/er e t\'/o outposts . I nsteed of the whol e squc'.1 d a tta cking a t one time, it uould be to our a dvr ntcge if we snl it in t wo r nd attack separr tely. In thnt w::J y the enemy r1oul d think we hcd ~ gr ent numb er of men and it would be to our r.dvnntl'ge, since it vms dark nnd with r sm.." 11 number of men we were a ble to destroy ll pJE toon of men. q 1!/ere :-i ny shots f ired from the Vicinity of toose alleged out posts? A When vi e r poro ~ ched the spot cppr oxlmc tely ten meters cway, the enemy s t arted shooting . Q Din ar.yskirmish occur v:i thin the house itself? A Yes . Q '' ~. s it d <' rk in the house? It \/CS comnletely d ~ rk , Q \1~ s it h:~ rd to disti nguish people in ther e? A It was difficult. Q Co uld you expla in to the Co mmission ·.:h:l t hri pnened in t hnt hous e? A As soon a s they start£d fir i ng from the ba r ra c~ s, I order ed Hamamoto to n t t r. ck frorr. the le ft , ~ nd I ordered my m0n t o imm edi l t ely r t t <: ck . The ~o ldi e r !-" went into t he house. Four of us went inside r nd I left on0 rcn outside for s ecurity r e< sons . In the hou se the soldier s conducted n hr nd- t o- hnnd bnttle . ~'i h en I j ump ed into t he house I he:' r d peopl e rr.o~ n i ng ln their l F' st br 0~ ths ; I hcc rd scre£ming. 352 However, since it was a pitched br. ttle , I didn 1 t know ·11ho dtd whnt . Q Do you know how mnny peonle were killed in ond cbout thnt house? A I don't r emem ber clearly, but according to the r cryorts of these soldiers, I bcl 1.P.ve the r e mc y have been five or six. Q Did you find anything in tha t house? A Ench soldier found one or two rifle s and somf of them found ammunition. Tha t wa s the bett er r t. sult. Q top r o xim cte l~· how mcny r1fles were f ound? A When I gn ther ed the sold lt:· rs outside , v1~ had f ive rifles , c pproximc. t cly seven hundred rounds of cmmunj t ion , nnd I brought out n brief e ns<-- w1 th documents in it. The r e \'/ere · J so t w~ nty shovels . 1 ~e r e th0 oeool c in thr t house inv ~ stig~ted? A '.Ve did no 4~ h'"'Ve tjme f or t hrt. Q \~ hy uot? A Si ne ~ rm had been extrclmt:ly sma ll strength, ·.-:e w.:_; rc not abl e to ::t fford the ti me of inv-::sti gution. Beer us . thi- 'bc:i.f t l e took plc. ce inside some of thE: pt- opl~ wer e kille d i nside ~nd some of them went outside , end we were ~ fr o id tht. y w0 ul d counter o ttack. Norma lly if wt fr>U nd docume: nts , ·.1<. ~ woul d ask qu estions and then prepnr E our next offcns< , but at this time we didn't have thrt onoor tunity. Q \.. tts the house set a fir e? A T h ~ hous& w-s s ~ t on firL. Q \lhy? 353 : r A It was nighttime and we didn't know what kind of arms or secret documents were left in the house. On top of that, we didn't want. the enemy to use that house a gain. 'l'ha t is why I had the house burned. I I Q Were you following Captain Kengo Via tana be' s order in doing that'? A Captain V:1atanabe always told us that whenever we find homes or houses which the enemies use, we should burn them or destroy them so they can't be used again. Q If you had left property which was used by guerrilla s j and your commanding officer Captain Kengo Watanabe had f ound out about it, what would he have done'? A He would tell us that,regardless of my training and instructions to you men, can't you follow instructions yet? i And he would kick us and beat us and slan us . Q He would verify the fact tha t he was boss; is that correct'? A Yes . I Q You t estified you had found documents. What were thos e documents'? A Corporal Hamamoto and Paterno Enano studied the documents I and reported to me . The document co ntained anpr oximately a l ist of twenty r ifl es and the names of their owners . I It al so contained the duty h0urs of the sentries, and the names of the sentries corr esnonded to t he ones of the r i fles ; the ser ial number of the rifles which we captured were also I l isted on the document. Hamamoto l ooked over many documents I and I discover ed that the pl a t oon which was s tationed in that \ 354 ' area was the platoon led by Second Lieu tenant '.l'imoteo Cachido. He was in a.· company of the 3rd battalion led by Pablo Brillantes. 'l'his battalion belonged to the 64th hegi ment . , 355 I BY LIEUTENANr POLSKI: Q Those men you have mentioned, wer e they guerrillns? A Yes . Q All right, continue . A Tho document contained tho nnme of the roceiver of the supplies and a lso hnd copi es of order s i ssued by Pablo Brillantas. The document a l so included n chnrt which i ndicated the di sposi ti on of the men. It also r ovenl ed the f nct that a ,·/irel ess equipment was nt the battalion headqua rters . Q After the expeditd.on nt Snn Jose, wher e did your squad go? Vie evacu~ted from Sun Jose and we traveled appr oximn t el y t v.o kilometers. At that point we crune across the enemy's f irst lino of def ense and vie hnd combat for approximntely t wenty minutes but I·~ not sure at .the -courate time . Q At Hhnt 1 J.me did you finally get back to your garrison a t Mi ngao'? A i believe it was around 5130 or 6 in the morning of tho 14th. ~ Was an a ccurate and compl et e r eport of the expedition mnde t o Captain Kengo Wat runbe? A Yes , Q ·.7ho made that r eport? A I wr ot e it, Q ~ere ther e any other r eports by the other men made? A Yes , Q '"/hct happened t o the fi vc rifles and runmunition that you f ound in th ~t home? A I handed them over t o tho company headqunrters. I handed tho docume nt over t o the company hcndquerters and I hear d that the. com;)nny hcadqunrtcrs submi ttod then t o the 356 •. intelligence section of the battalion headquarters. Q As n result of submitting them to the intelligence section, what did the intelligence section do? A As e. r esult Lieutenant Colonel Tozuka hnd the Nakamura fulit, a company of the 30th Battalion, conduct a punitive expedition in Tigbauan, Igbarns, San Jose, nnd Miagno vicinities. Q Did you or Itai accompany any of those expeditions that Lieut enant Colonel Tozuka ordered to have made? A We did not. Q Wore you commended by ynur battnlion commander, Lieutenant Colonel Tozukn , for your expedition to Snn Jose in January 1944? A Yes. Q And was that connnendntion sent up to the headquarters of General Kono? A It wns. Q When was the last time that Itai wns in your squad? A On the 28th of Janunry he went back t o Iloilo . The or gonization was switched ar ound ond ne went on an expedition t o Del a Del a Mountnins. Therefor e , the llls t tine he was in my ~quad was on January 28th. Q In February, March, April, Moy, June , and July 1944, was Itni a mecber of your squad? A No. Q And, Itni being n private, di d he over go on an expedition of his ovm? A Ho cannot go on an expedition withcut a commander . Q And r.mst he obey the orders of the connander? A Yes . 357 :. Q Do you kn0w Pat erno Ennno? A Yes. Q Docs ho ha t e you? A I hnve never nistroated him.' Regardless of that f act ho double-crossed no and during the begirming pnrt of April he r.1 ingl od with tho enemy end pl anned t~ nnnihilnte tho ·whol e garrison nt ~a o . Q Up tc- the tine: of your departure fron the Mi nr,c.o gnrri s0n r...:d ho cooper at e with you'] ~ -- . \ He cooper at ed very well. --2 Woull you consider hin a collabor at or? LIEUTENANT MURPHY: I object to that question. It '!. s ir.mm t erinl. COLONEL PARMELEE: Objection nustnined . BY LI E UfENAN~ POLSKI: ; Q Did P1tterno Enano hnvo any r eason t o wnnt y~u to be convicted her e in this court? A I (on't b elieve so. ceLONEL P~RME LEE s Tho Comr.rl. ssi on will 110 v1 a ·" • \