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Betore a MILITARY COllKISSION convened br~the COIOIAND mo GEmm\L United States Arr.7 Forces Western Pacif'ic

UNITED STATES OF AJIBRJCA ) VS l PUBLIC TRIAL KIYOSHI NISHIKAWA )

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VOLUlll VI PAGES 306 TO 35'8 INCL.

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MANILA, P.·I. DATEa 23 September 1946 COPY NO. : _ _.../...... __ ~

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CE.RTil'ICATION

THIS CERTIFIES that this volum~ is a part of the proceedings of the Military Commission appointed by Paragraph 20, Special Orders 209, Headquertors Uni t E:. d S tatcs Army Forces , ':''cs t ern P &cific, dated 12 September 1946, and Paragraph 16, Spacial Orders 210, He adquarters United States Army Forces, Western Pacific, dated 13 September 1946, in the trial of the case o! the United States of America egainst KIYOSHI NISHIKAYIA.

Dated 26 October 1946.

c • Colonel, INF President or Commiss

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Be~cre a MILITARY COMMISSION convened by the COMMANDI?\ } GENERAL United States Army Forces Western Pacific · ·

UNITED STATES OF AMERICA ~ ) PUBLIC TR !AL .. " ) KIYOSHI NISHIKAWA ) Court No. 1 High Commissioner's Residence Manila, P.I. 23 September 1946 Met,- pursuant to adjournrr 3nt, at 0836 hours. MEMBERS OF THE MILITARY COMMISc ION: COLONEL RICHARD C. STICKN~Y , INF, President and Law Member LIEUTENANT COLONEL WILLIA A J. HAUSER, TC MAJOR KING. S. BUTLER, IN.f MAJOR ALBERT H. NOSUN, FA APPEARANCES : FOR THF. PROSEC'UlION: CLARK S. GREGORY, Prosecutor FOR THE DEFENSE: FRANK D. SPR INGER, Chief Defense Counsel ROBERT RANSOM. Assistant Defense Counsel YUKJO YOSHIK'AWA. Assistant Defense Counsel OFFICIAL INTBRPRETF.RS FOR THE CO MM ISSION: . . . LIEUTENANT J fa.MES NAK/1.MURA ) T/5 GEORGE BABA ) T/3 JOHN KITASHIRO ) JAPANESE PR.A1EDIO S. VILLALUZ ) VISAYAN ROM,f.LDO TACCAD ) VISAYJ~ N i.ND J,·,.p J.NESE IU.~ CFFIC If.,L. REPORTERS FOR THE COMMISSION: GBNEVIEVE A. ROBERTS HF.LEN R. SOLOMON

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~RQCi~YlN~~ (The Commission reconvenel, pursua1t to adjournm~nt, at 0830 hours, at Court No. 1, :figh Commissioner's Reside~ce, Manila, P.I., 23 September 1946.) COLONEL STICKNEY: The Commission is in session, MR. GREGORY: Let the record show that all or the members ef the Commission, the accused, his nersonal interpreter, the defense counsel, the prosecution,are present. (Lieutenant James Nakamura was sworn as interprete~.) MR. GREGORY: Will you remind the witness that he is still under oath? (Interpreter Nak..~r.1ur~ interpreted to this ~itness,)

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TANSAKU TAKAHASHI a witness for the defense, having been previously duly sworn, testified further as follows, through Jnterpreters Nakamura and Taccad: COLONEL STICKNEY: The direct examination han been completed. We were ready for cross-examination. MR. GREGORY: No cross- examination. COLONEL STICKNEY& Questions by the Commission? EXAMINATION BY THE COMMISSION BY MAJOR NOSUN: Q You were generally familiar with the names of all Japanese officers in that area at the time of' the raid I at the Hawaiian Sugar Central, were you not? A Yes. Q Did you know of thepresence of ah officer by the name of'"Ishikawa" in the area at the time of the raid? • A I don't know. Q Than you had not heard t hat ther e was an officer

by the name of 11 Ishikawa" in the province at that time? A You mean Hawaiian Central? Q We ll, no I mean more, I me an the Island of Negros. A I know that there was a docond Lieutenant Ishikawa. Q On the Island of Negros that was on duty on the Island of Negros? A Yes. Q During t he year 1943?

A I think it was in 19~ · · Q Wer e you nersonally acquai nted wit h this Lieut enant Ishi kawa?

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A I have never met him. Q How did you know that there was such an officer on duty on the Island of Negros? A I heard from the troops in the garrisons under my command that there was such an officer. MAJOR NOSUN: That is all. BY COLONEL STICKNEY: Q Was this officer located in Negros Occidental, or Negros Oriental? A I think he wns in the Eastern part, that is Oriental. (Discussion between defense counsel and interpreters.) COLONEL STICKNEYs Couid we know what is going on now? MR. SPRINGER: Yes,sir, the way I understand it at this point is that it was the intention of fixing the province and the Japanese word, as I understand it, for Eastern is Oriental --- . COLONEL STICKNEY: Now, I think in general we are going to take the official interpretation by the official interpreters. That is going to be our guide. If when it comes time for further questions to be asked by the defense, they can ask it, but we are satisfied with the interpretations we get from our interpreter. MR. SPRINGER: The. personal interpreter for the accused had indicated COLONEL STICKNEY: We are not interested in that. He is a help for you, and when you have time to cross-examine you can use his assistance but right now

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we don't· want a long delay. I want to proceed with the next question. Q What makes you think that this I shikawa was in the location you have just described? A I heard that he was in the Silay vicinity. in June 1944, that is on Western Negros. When did you hear that? Q v A I heard it in June 1944. Q What else did you hear about him at that time , if anything? A I didn't hear anything else . Q Do you know what he was doing ther e? A No. Q Do you know whether he belonged to any unit located ther e? MR. R'ANSOM: If it pl ease the Commission, may we have the Commission's question and answer. COLONEL STICKNEY: It was t his: "Do you know what he was doing ther e?", the answer, "No." A I think he may have had some r el ation with the Air Cor ps either with the Engineer s or with the Communica- tion Unit. Q What makes you think that? A I heard that he was with either of those detachments. Q And what were those units doing in that vicinity? I A One of the detachments was t hsr e in order t o build an airf i el d ,and the other was, I believe , f or the purpose of communi cations bet ween the differ ent units in t hat

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vicinity. Q On or about March ?th, 1944 you were located at Bacolod with about thirty men of your com.pany headquarters, and Lieutenant Nishikawa was in Silay with one of your · platoons, is that correct?

A / I was ·in Bacolod with about thirty of my men, and '-Lieutenant Nishikawa was garrison commander in Silay .With

about fourteen or fi~een men. He was under my command. Q Very briefly, where were the remainder of your company located at that timQ? I withdraw 'that question. Q Just prior to the 7th of March 1944 Lieutenant Nishikawa, garrison commander at Silay, was under your orders, is that correct? A Yes. Q How mm y other similar garrisons did yoJil have commanded by lieutenants? A About eight or nine. Q During the periods from November 1943 to March 1944 while Lieutenant Nishikawa was at Silay, how often did you vtsit his garrison? MR. BONDA: I instruct him not to answer unless

the date in Mar~h is tilled. COLONEL STICKNEY: Unless what? MR. BONDA: Unless the date in March is definitely fixed. COLONEL STICKNEY: March 6th. A About five times. Q Now, on the 7th of March you have t estified that

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you with twenty men proceeded from Bacolod to the south entrance into Silay by motor, were joined there by

Lieuten~nt Nishikawa and ten men,proceeded on foot into Silay and then moved by motor towards the Hawaiian Central, is that correct? A Yes, that is right. Q When you left Silay by truck, how far did you proceed in truck, how many kilometers?

A About two kilometers, or ab ~ut two and one half

~ilometers. Q Was that on the road leadir,g north from Silay, or east from Silay?

A We went on the. main road which leadsno~th from Silay. Q Did you turn off that road, or did you stay on that road until you detrucked? A We stayed on that road.

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Q And you passed through a small barrio, crossed a rather large stream and arrived at a railroad crossing, is that not correct? A Y.fe didn't pass any barrio. Q Is that the full answer? INTERPRETER NAKAMURA& Sir, did you mean afoot or on truck? Q The truck, we are talking about. A From the time we rode on the truck until we detrucked, we went along the main road and we passed houses now and

then, but I don't remember of ~ ~•er having passed through a group of houses, something that we could call a· barrio, but we ··passed a r ather large stream and railroad crossing. Q When you detrQcked, did you walk up the railroad track to your right or did you walk cross-country? INTERPRETER NAKAMURA: Siz:, what do you mean by cross-country in this case? Will you give us a more specific way of stating it? COLONEL STICKNEY: I didn't get your question. INTERPR'STER NAKAMURA: What do you me an by cross-country? COLONEL STICKNEY: I will r ephrase that question. Q When you detrucked did you proceed along the railroad track to your right? A Ther e was a road along the railroad track and we went along it to the right. Q Was that road passable for vehicles?

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A It wasn't passable for vehicles. That is why we g.ot off at that place. Q When you returned by fo0t, did you retrace your steps back to the point where you had l eft the truck and then proceed down the road on foot from that point, or did you go by a different route? A We returned by the same road tbat we came. Q Did you again pass through this small group of buildings which you consider too insignificant to call a barrio? · A Even on the return we passed along groups of one or two houses, hut I don't think we ever passed a barrio. Q Had you been to this Sugar Central before? A No, I hadn't been ther e before. Q Are you fairly well acquainted with the terrain in the vicinity of Silay? A In general ! know it, but not ver y well. Q Going north from Silay on the road which you followed, can you recall a branch road bearing off t o the the right, going to Eustaquio Lopez? A I don't know. Q The answer is, "I don't know"? A I don't even tnow the name of that barrio. Q About one kilomet er out from Silay do you r emember a prominent branch road l eading off t~ the right from t he main road? A Yes, I know ther e is a road there. Q Are there houses 1n the vicinity of that road

.1unction?

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A Ther e are no houses ther e. Q I have a map or Negros s:1owing a Barrio Rizal at or near the road junction of ;rt Leh we ar e speaking, north of Silay. You have said that ~·ou believe Rizal was east of Silay. Can you state why you think Rizal was east of Silay? MR. BONDA: I object. I instruct him not to answer. I don't think that he has t estified at any time while I was her e that Rizal was east or in any direction from Silay. This witness has not so t estified. I COLONEL STICKNEYl We can get that by r eading

the r ecord back. However, I withdraw my question. MR. BONDA: I don't r ecall it. Q In what direction from Silay did you und erstand the Barrio Rizal to lie? A Barrio Rizal was on the northeastern edge of the

t own of Silay. Q You stat e that as a fact or as an opinion?. A It is in that vicinity, as f ar as I remember. Q What makes you r emember it was located in that

vicinity? A I heard from my ·subordinat es.

Q What subordinate? A From the n.en of the Silay garrison und er Nishikawa. Q Did they tell you whether Barrio Rizal was on the main road l eading north whi ch you followed on the ?t h of March, or whether it was on the road l eading east toward

Guimbal a-on?

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A I heard it was near the north road, but not on the road itself --- a little bit away from the road. Q Can you tell me where Lieutenant Nishikawa went after August 1944? A He went to San Ramon and stayed there for ab0ut a month. Q Can you tell me where he went from San Ramon? A From San Ramon to V1ctorias. Q And can you tell me kow long he stayed at Victorias?

A He was there up to t- t-10 beginning of December 1944. Q Can you say where he wont after that? A After that he went to Bago. Q When did he get to Bago? A At the beginning of December. Q What year? A 1944. Q What did he do at Bago? A While there he worked preparing positions. Q How long did. he stay on that duty? A I was with him -then and I think it was until the 24th or 25th or December. Q What happened to him efter that? A After that I think he went to Bacolod .and stayed ther e for about a day or two and then with his· platoon he went to Granada. Q Where did the threo hundred or three hundred and fifty men come from that participated in the expedition of 7 March 1944?

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A They came from Bacolod.

Q Was that the size or the b~ttalion ~es erve at Bacolod? A Xhat was the battalion r 9serve . Q Do you know the name of the guerrilla who Nishikawa captured at the Hawaiian Sugar Central or the names of any or the three or four guerrilla suspects that we ~e captured at that poi nt? A I don't r emember the names.

Q Was Manuel Porques one or them~ A I don•t· know. Q Maria Porques Alabos, was she one of them?

A I don't know the name. I have no r eme~br.ance or it at all. Q Did you ever hear the names of any ot them? A I have never heard •. Q When did this expedition of ? March 1944 end? Was it a one-day expedition or longer? A It was a one-day expedition. In fact, it ended in the morning and after that we all returned and dispersed. Q After you left the Hawaiian Sugar Central and r eturned to Silay, arriving at nine or nine-thrity in the morning, did-you and Nishikawa immediat ely separate? A Yes, we separated, because our mission had already been complet ed and I r eleased him once more from my direct command. I mean I released him from my direct command during the expedit ion. Q · What time ftid the t hree hundr ed or three hundred and fifty men expedition l eave Silay that morning?

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A I think it was about el even-thirty. Q You know nothing or the doings or Nishikawa from

nine or nine-thirty on .that morning throughout the next

f ew days, is that correct?

A Yes, I didn't know any more.

BY MAJOR NOSUN:

Q You stated you do not r emember the names of the

guerrillas or the suspected guerrillas that were under

control or your troops on the· ?th day of March. 1944. no you r emember that there was a woman among the group? A There was no .woman. COLONEL STICKNEY: Anything from the defense?

REDIREX!T EXAMINiLTION BY JB. SPRINGER: Q When you wer e asked concerning Ishikawa•s station did you say in Oriental Negros or in Occidental Negros? A I said We stern Negros. Q And Western Negros is Occidental Negros, is that correct? MR. GREGORY: I object to the question, it being l eading. COLONEL STICKNEY: The Commission can take judicial notice or the r el ative l ocations of Occidental

Nogros and Oriental Negros. MR. SPRINGER: All right.

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Q Was your unit Kempei Tai or was it infantry? A Infantry. Q And did the Kempei Tai on Negros Occidental operate

ind~De ndently or the company commander?

A I don't know thc ~ deta1ls, but I think they operated independently. BY MR. RANSOM& Q Do you know whether or not Second Lieutenant Ishikawa was in the vicinity of Barrio Guimb:lla-on,

Municipality of Silay, P~ovinne of Occidental Negros, on January 1st, 194'? A I don't know about that. MR. RANSOM: That is all. RECROSS-EXAMINhT ION BY MR. GREGORY& Q When you arrived in Silay on the morning of March 6th, 1943, did you see any other soldiers around the town at that time, besides the soldiers that were in your command~ INTERPRETER NAKAMURli.& You said 1943 or 1944? MR. BONDA& If the Court please, he testified on the morning of March 7th. Isn't that the date you mean, Mr. Gregory? MR. GREGORY: Yes. I wish to ·change the date to March 7th, 1944. A I didn't see any soldiers aside from those under my command. MR. GREGORY: Tnat ie all. COLONEL STICKNEYs Anything further from the

defense?

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MR. SPRINGER: No, sir. FURTHER EXAMINATION BY THE COMMISSION

BY COLONEL HAUS~l: Q Do you know wher e Nishikawa, the accused, was on the 1st day of January, 1945? A He was in Murcia. Q Is that in or near the Barrio of Guimbala-on? A \r No, those t wo places are f ar apart from oach other. Q When did he go to Murcia?

A I think he went to Murcia on December 31st, ~94~. Q Then you wi8h to change your t estimony that he went to Granade at that time, is that right? MR. RANSOM: Just a moment . That is not

~he evidence, if the Court please. The evidence was that he stayed in Bago from the 24th to the 25th and that a day or t wo later he went to Bacolod and thon to Granada. Now the 24th, i f it wer e a day or two, might be the 25th or 26th, and then he would get to Granada say the 27th, ani.i then he could l eave on the 29th. COLONEL HAUSERs All right. I will ask him thPt question. Q Do you mean pe went to Granada and turned right around and went to Murcia al ong the last day of December 1944? MR . RANSOM: If the Court please, would it be possibl e ,instead, to ask him the question if he knows when he got to Granada? COLONEL HAUSER: &11 right, we will withdraw the l ast question.

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Q Do you know whether or not Nishikawa went to Murcia? INTERPRETf..R NAKAMURA: Do you mean Granada? Q Granada. COLONEL STICKNEY1 Just a moment, we want to be sure this question is right. Q We will ask first for Murcia --- when ho went to Murcia, what day? A I remember it was on December 31st, 1944.

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Q Can you tell us the day he went to Grnnnda from Bacolod? A I went with him at thnt time, nnd I think it was on the 27th or 28th. COLONEL STICKNEY: Anything further from the defense? MR. RANSOMs Just a moment. FURTHER REDIRECT EXAMINATION BY MR. RANSOMs Q Do you know the names of any of the Japanese officers that accompanied Nishikawa from Granada to Murcia on December 31, 1944? A Yes, I know. Q Will you please name them. A I remember Major Hori, and some of the officers in Hori's battalion were with Nishikawa. I don't remember clearly the names of those officers who were subordinntes of Major Hori. MR. RANSOM: Thet is all. MR. GREGORY: I have a few questions. FURTHER RECROSS-EXAMINATION BY MR. GREGORY: Q Were you present with Lieutenant Nishikawa on January 1, 1945'? A No, I wns not. Q So that all you know about his whereabouts on Jo.nunry 1, 1945', is whet you have heard? A I just received a report from Nishikawa. Q So thQt nll that you know about the whereabouts of Lieutenant Nishikawa on January 1, 1945', is whnt you heard from Lieutenant Nishiknwn himself, is that correct? A Yes.

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MR'. GREGORY: That in nll. COLONEL STICKNJ~'Y: t.nything 1 tirther from the defonso?

MR. RANSOM: Yes. FURT HEI1 nED J.RECT EX:Jl!i IN/.T I ON' BY MR. RANSOM: Q Isn't it u f act th:1t on or nbout Janua ry 1, 1945', your subordinates were required to •eport t o r ou thoir movements? A Yes. Q .And when did you receive · :ho.t r eport?

A On tho 4th or 5th of Janu ~ ry 1945.

Q Isn't it a fact that you ~o c e iv ed orders fr o~ -- did you

r eceive nny ~rd ers prior t o Jc~uary 1, 194;, which required

thut Lieutcnnnt Nishik2wa be d ·~ ta cho d in order to ·nccompany Major Ho ri on this expedition'i MR. GREGORY: I will object t o this question on the grounds th!'t the order ls not st at ed t o be i n writ ing

or t o be v0rbally. If it is i n ~riting, the or der is the best evldc:ince . · It does not st ow ltler e the order ccme from or who gnve the order. MR . R!JlSOM: I will withdraw thut. Q St at e whether or not you r eceived any order in the lnst

we ek l"\f 1944 which required tl ~t Nish:J.kavm bo det e.ched from rour command? MR . GREGORY: I stj.. 1 object t o the quostion becnuse it docs not show whether the order wa s in writing or verbally or wher e the. order c nm.EJ from. ?ffi . HANSOM: Thnt mny be deveh,ped, if the Court

~l en s e , nll he hc.s t o do is nnswer yes or no , and I will nsk

t he next question. It is n perf ectly proper que sti~n.

r.m . GREGORY: Well, o.sk if the::r c wus ~~ verbal 0r written or de r.

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Q State whether or not you received a written order, or a verbal order, during tho last week of 1944, requiring that Lieutennnt Nishik~wa be det ached and accompnny Mnjor Hori? MR. GREGORY: I objoct to the question as beirig l oading. I do not want to spend too much time on the question. If I wor e tho def ense counsel, I would ask if he r eceived a writ t en order about that time, and then proceed from ther e, I think we would have a prop.er foundation. Q With r ef er ence t o Lieutennnt Nishikawa accompanying Ma jor Hori on the expedition which you have t estified, thet is correct? MR. GREGORY: I will object because of the f act you ar e putting too much in ther e -- you are suggesting the onswer, it is too leading. MR . RANSOM: All right. I will withdraw that one . Q Stat e whether or not you r eceived an or der during the l ast week of 1944 with r ef er ence to Lieutenant Nishikawa? A I r oceivod an order on the 24th or 2;th of December whi l e I wns still in Bago, and that order came from the brigade , and it was an order f or me to become part of the brigade r eserve . im. GREGORY: I object t o that. At this time I

ask that , his answer be stricken from the r ecord as not being r esponsive t o the question. The question was whether or not he r eceived an or der with r ef er ence t o Lieutenant Nishikawa , / . and his answer is in r egqrd t o an order which r ef erred t o himself. UR . RANSOM: I will t ake a ruling on that. COLONEL STICKNEY: The objection of the pr osecution is f nvor nbly consider ed, nnd t ho l ast quest i on and answer will be stricken from the recor d.

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MR, RAllSOM: May I have the question again please6 (Last question read by r eporter,)

Please caution the witnes ~ to answer, yes or no, A Yes, Q Was it written or or al? A It was a verbal order. Q Wh&t was the order? MR. GREGORY: I object until it is shown where the verbal order came from. , Q Froru whom did you receive the verbal order? A From .Colonel Yamaguchi -- do you moan the order regarding Nishikawa? Q Yes. A I received it from Lieutenant Gener al Kono who was the brigade commnnder, Q What was the order? A I was ordered to construct positions in Granada and Murcia. COLONEL STICKNEYs. It strikes me that it rnay be that the questions are improperly framed, but there is evidently an order he wants to talk about, and there is an order concerning Nishikawa we want t o hear about. Now, I am very much or the opinion he is about to tnlk about another order from what has happened so far. For which r eason the question should specify rather than assume he is going t o contjnue t 0 t alk al ong the line. We r equire you to specifically r ef er each time to the verbal order which concerned Nishikawa. I believe the question should be so framed. I believe that the answer we ar e about to get is going t o cause an objection and t ake a l ot of time.

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Q What was the verbal order which you received with roference to Lieutenant Nishikawa? COLONEL STICKNEY: From General Kono? Q From General Kono. A The order wns for Nishikawa to go with Major Hori and occupy Murcia.

/ Q Now, did you obey that order? MR. GREGORY: I object. Q Stnte whether or not you obeyed the order? A Yes. Q In obeying the order, what did you do? INTERPRETER TACCADs May I add something to that last answer. "I executed' the order." Q How did you execute itf A I remember that on 31 December 1944, Mnjor Hori together with Nishikawa occupied Murcia. Q State whether or not you made any order with respect to Lieutenant Ninhikawa at this time? A At that time I wes sick so thnt Nishikawa was the acting company commander and wns commanding the whole company and therefore receiving the orders. MR. RANSOM: And therefore what? INTERPRETER TACCAD: Receiving the orders. LIEUTENANT NAKAMURA: Nishiknwa received the order at that time. Am. RANSOM: That is all. COLONEL STICKNEY: Anything from the prosecution'

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FUld1'1BR RECROSS-EXAMINATION BY MR. GREGORY: Q On Je.nuary 1, 194,, was Lieutenant Nishikawa under your command and under the command of Major Sor!? MR. RANSOM: Hori. MR. GREGORY: He spelled it s-o-r-1, did he not? MR. RANSOM: H-o-r-i. MR. GREGORY: I wish to correct that to "H-o-r-i," if you will correct the question as being "H-o-r-i." A He was under the command ot Major Hori. Q How l ong did he stay under the command of Major Hori? A I heard thnt Nishikawa we.s with J&:ljor Hori in Murcia until January 1. Q \ January 1 of what year? '/ A 194,. MR. RANSOM: Could I have the question and answer, plense?

(Question and answer read by reporter.) Q And then where did Lieutcrtant Nishikawa go? A He went from .Murcia to Granada . Q Whose command was he under in Granada? A He WQs under my command. Q Just what was the nature of the duties of Lieutenant Nishikawe. on January 1, 1945', when he was under the command of Major Hori? MR . RANSOM: Objected to on the ground that there is no f 0undati on showing that he knows. UR . GREGORY: It is cross-examinati on. MR. RANSOM: There still has t o be some f oundation that he knows. Nothing on direct indicat ed that he knew what the duties of Nishikawa were when he Wl'.s under somebody else• s command.

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MR. GREGORY: In case that he can answer the question he should be allowed to answer the question just as it has been asked if he does not know, he can say he does not know, \ COLONEL STICKNEYi Would you care to put "if you lmow" at the end of your question? MR. GREGORYs Yes, Q Do you lmow what the duties or Lieutenant Nishikawa were on January 1, 1945, while he was under the command of lhjor Hori? A Yes. Q What were his duties? A '-Security of Murcia. Q As a matter of fact, were not his duties on that day to go to Guimbala-on and make a raid? A There was no such thing, those two places were far apart. Q You have stated that you received a report from Lieutenant Nishikawa on or about January 4 or ~ or 1945, is tht-t t correct? A Yes. Q Just how did that report start out? A It stated that Nishikawa had been replaced by Hori in the work of security or Murcia and that Nishikawa was heading for Granada . Q Where did this r eport come from? A Nishikawa himself came to my pl ace and r eported. Q This was in writing or was this verbally? A Verbal.

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COLONELEl'ICKNEY: Anything from the - ~efense? MR. RANSOM: No, that is all. # COLONEL STICKNEY: Anything from the members of the Commission? This witness is excused. (Witness excused) COLONEL STICKNEY: The Commissipn will take a ten-minute recess. (Short recess) COLONEL STICKNEY: The Commission is in session. MR. SPRINGER: We recall Colonel Yamaguchi.

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MASAKAZU YAMAGUCHI a witness r ecalled f or t he defense,' having been previously duly sworn, was examined and testified as f ollows, through Interpreters Nakamura and Taccau: MR. GREGORY: Will the interpreter r emind the ,11 tness tha t he is under oa th? (Inter preter Nakamura translated t o the witness) DIRECT EXAMINATION BY MR. YOSHIKAWA:

Q You stated that at 2 o'clock on 7 March 1944 you left Bacolod together w:tth your troops for Silay. Can you tell me when you arri ved at Silay? A I believe it was half-past-three or f our o 'clock. Q Do you r emember what kind of action you t ook in r egard t o the units that you had under your command after you reached Silay? A Yes. Q How do you knov;? A I know because I commanded t.he units. Q Do you know Barrio Rizal? A Yes .

Q About how f ar from Silay is Bn r~io Ri zal? A I t is prac t ically adjacent t o Si lay City. It may be a kilometer or t wo . Q In what dir ecti on awa y from Siluy Ci t y i s Barri o Ri zal? Is i t nor th, south, east or west? A I t is nor t hea st. Q Do you know what uni t s went t o Barrio Rizal? A I t is the uni t tha t went from Bacolod, wi th the excepti on of Ta kahashi unit.

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Q Did units of the Philippine standing Army also go with the unit? Am. GREGORY: I object to the question. It doesn't show where they went or what plqce they were going to. He just a ska if he went. He doesn' t ~r . ~r with which unit or where they were going.

COLONEL STICKNEY: One question seems to follow the other in l ogical sequence. Howev~r, I believe it would ·. be hetter to definitel y tie in each question with the preceding one by putting in a littl e more , such as Barrio Rizal. MR . YOSHIKAWA: I wi l l withdraw the question. Q V/hen you left Bacolod, did you t ci lrn along wi th you some units of the Philippine Stl3 nciing A:my? A Yes.

Q Did unit ~ of the Standing Army go to Barrio Rizal? A Ye~, I th;l.nk so. Q Did you, yourself, also go to Barrio Rizal? A I followed the advance on Rizal area at the rear of my units and renched Barrio Rizal later on. Q Did you capture any guerrillas or guerrilla suspects at Barri0 Rizal?

A I believe that ~ome we re captured.

Q Do you kno''' wha t disposition was made of the guarrillas

I or guerrilla suspects that were captured? 11

A I believe they ~e r e investigat ed . I i Q Did you ever he ~ r of any sort of mistreatment or torture

during the ·i nvestigation of these captured guer rillas or I guerrilla sus pects? ' A I haveheard of i t l ater on.

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Q Vlhat kind of things did you hear? A I didn't hear anything concrete in r egard to this. Q Can you tell me what you heard? MR . GREGORY: I object to an ansvrer of this question

til he show~ a proper f oundation of who he heard it from .1d the conditions under which he heard it. There isn't any foundation for this question. COLONEL STICKNF.Y: I think we should have in the record either counteJ'l.argument by the defense or withdrawal, or whatever happens. MR . YOSHIKAWAs I withdraw the question. Q You stated just now that you heard l ater on. Who did you hear from later on? A You mean the time that I heard i t? Q No, who did you hear it from? MR. GREGORY : I would like to have the Commi r.s ion

instruct def ense coun ~e l not t o t alk to the wi tnePs while he is answering. It gives him a province to l ead and to

caution the witn~ ss, which I cannot unOerstand. and no one else can understand.

( Inter pre h:~ r Nakamura translat ed to Mr . Yo shikawa .)

MR . Y00H I K.AWA~ I don't understand yo' ur .Japanese . COLONEL STICKNEY: 11/ill you explaj n to +.rte counsol that t he Commission wants t o hear every word of Japanese spoken 0i t her by the counr,el or b·· th0 witness and we want the Japanese question translated into English, then t he Japanese r eply translated. into English, then t he Japanese quest jon again. But, until we get our English t r anslation of r1hoever is t al.1·-t ng ) v:o don't want the next man to do any talking, ei t hcr way. 331 HS(4)mV"ll

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MR. SPRINGER: May I make an observation on that point? It is genernl practice in all tho Commissions I havo been in ·when they have Fil ipino witnesses on the stand nnd interpreters not to hav~ ev~rything thnt is said in ot her words, if a question i s misunderstoods for the interpreter to t alk to tho witness nnd the witne~s to t alk back and then get the point from the tr~nslt:\tion. COLONEL STICKNEY: We are not talking· a bout conversations between the interpreters and the witne~s. We are t al king about a lawyer who speaks a foreign tongue. I think you have never he11rd a Vlsayan l awyer? I MR. SPRINGER: No, . Sir.

COLONEL STICKNEY: Now we have a new situation. MR. SPRINGER: Yes, Sir. COL OHEL STICKNEY : Am I not right? Mn. SPRINGER: Yes, Sir. COLONEL STICKNEY: We don't core ~ bout how much conversation goes back and forth hore, but we don ' t WP nt any of thi s

MR. ~ ?RI NGER: Ye~ , Sir. COLOtIBL STICKNEY : ThRt is what you objected to? MR. G.t-1EGORY: Ye ~ , Sir. Thnt is my objection. COL ONEL srICKNEY : How do wo stand? Do we have a questj.on and answer?

(The r eporter r ead the r equi r ed portion of the t estimony.) •m . GREGORY: Prior to thnt t i me you had a lm o~ t got a compl et e answer from t he witness and I want thnt answer to go into the record, so f ar as the witrycss s ~ id. COLOr!EL STICKNEY : Do you have a partia l atl'~n,er that you have not given us? 332 HS (4)mvm

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INTERPRETER NAKAMURA: I have a partial answer, but I didn't give it. COLONEL STICKNEY: That is right. You two have to talk together.

A I can't say who told me this. However, it 1'11~ after

I \VS.S charged tha t I knew for certain that there had been mistreatment and torture at Barrio Rizal. I knew that in

general there had been tortures committed by Japanese ar~y members, because it wa s one of the bad habits of the Japnnese a'rmy. While I wa s _l ending the group around Bacolod City. I tried to stop it. Q Do you understand the meanjng of the question? A I think in gener al I understood the question. Q Did you hear at that time that there had been any Filipinos killed at Barrio Rizal?

MR. GREGORY: I object, because it does · n~t show the time. From this quest .:.on I cannot tell whether he is r eferring t o the tioo he was charged or whether he is r ef erring to the t ime he V!as present himself -- at the time he was on the raid at Barrio Ri zal. 1m . YOSHIKAWA: I wi thdretw the last question. COLONEL STICKNEY: Just a moment, do we hnve

everJtbiDI~ INTERPRETER NAKAMVRA : Yes. MR. YOSHIKAWA: Now, I will a sK the question in greater detail. Q On the 7th of March 1944, when you went t o BArrio Rizal, did you hear of any Filipinos being killed?

(Here the v·i tness spenks in Ju p~ ne !3 e at grent length.)

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COLONEL STICKNEY: Can we have this much of that? ·, It seems t o me thnt we could hnve had a ye s or no on that. ' We have been going quite a while. Stop him, please. Let us get how much we have so fer. ,, INTERPRETER NAKAMURA : Do you want a yes or no answer to thnt question? COLONEL STICKNEY: No, but it seems to me a yes or no would have done nnd it i s taking a lot of the Commission's ,, time listening to something that may or may not be responsive. I would like to get a gener al idea of what he said so f ar, before he goes on and on. Can you give us what you have so far?

INTERPRETER NAKAMURA: .Ye s . '

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A I heard that there were some Filipinos killed, I don't laiow exactly how many. I followed th~ advance into Barrio Rizal from the rear position. There was at the time that my troops got into Barrio Rizal considerable activity and action. I believe there were some houses burned and there was considerable damage done. LIEUTENANT NAKAMURAs He added, "Of course, I heard or Filipinos being killed, I even saw it." MR. GREGORYs How uas that last answer?

LIEUTEN~ HAKAMURAs "l even saw Filipinos being killed." Q After the action at Barrio Rizal ended, what did you do?

A After the ac~ion ended I looked over Rizal Barrio and then I returned baok to my unit. Q When you say garrison unit, what garrison unit do you mean? A I mean the Silay garrison unit. Q When you returned to Silay, what time was it? A I believe it was about 8130 or 9. Q At that time was 1st Lieutenant Nishikawa with the Silay garrison unit?

A I believe h~ was not there. Q You stated a little while ago that the unit that went to Barrio Rizal did not have Takahashi's unit in it -- then, do you know where the Takahashi unit went? A Ther e had been a report that guerrillas had infiltrated into Hawaiian Central about six kilometers north of Silay, and the Takahashi unit moved against this particular group. Q Do you know the strength of the Takahashi unit that went

in the direction of Hawaiian C entral~

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A I believe it was about tpirty persons. Q Did the Filipino standing army that you took with you from Bacolod go with the Takahashi unit? A I don't believe the standing army went along with the Takahashi unit.

COLONEL STICKNEY: Before this is translated I would like to hear tho reporter give the last question and answer. (Last question and answer read by the reporter.) Q Do you lmow in what direction Hawaiian Central was from Silay City? ' A About five or six kilometers· northeast of Silay. Q Is it near to the Barrio Rizal where you went to? A Rizal Barrio is right next to Silay City and therefore it is about five or six kilometers separated. Q Is Rizal Barrio within Silay City? A I believe it is in part of the city of Silay. Q How far do you think it is from Barrio Rizal to Hawaiian Central? A I don't know of the exact distance because I haven't measured it, but I believe it is about five or six kilometers. Q On March ?, 1944, when your unit went on this punitive expedition against Rizal Barrio, do you know what 1st Lieutenant Nishikawa was doing? A He went together with the Takahashi unit as a guide, I believe . Q Do you know when on March?, 1944, the Takahashi unit returned to this Silay garrison? A It was almost immediately after I returned to Silay garrison about 8:30 or 9 in the morning and, therefore, I believe it was practically about the same tlme.

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Q Did 1st Lieutenant Nishikawa return with the Takahashi unit to the garrison at the same time? A l believe he did. Q Do you remember whether guerrillas, or guerrilla suspects, were brought back by the Takahashi unit? A I received a report from 1st Lieutenant Takahashi that they had captured some guerrillas. Q Did you, yourself', see the guerrillas that were captured by the Takahashi unit? A Yes. Q How many were there? A All I saw was one. Q Did you investigate that guerrilla? A I did not investigate him. However, I received a report that he had been investigated. Q Who investigated him? A I received a report from Takahashi that the man had been investigated -- I believe it was Takahashi who investigated it. Q Did your units capture any guerrillas or guerrilla suspects at Rizal Barrio and take them back to Silay garrison? A Yes, I believe we did. Q How many were there? A I have no memory of the number of persons. Q After they were brought to the garrison at Silay, did you hear whether these people had been investigated or not? A I believe the Kempei Tai cooperated with us, the standing army, and a portion of Japanese soldiers investigated them. Q On March 7, 1944, do you lmow how many Japanese officers participated in the action against Rizal Barrio?

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A About twelve or thirteen off icers. Q When on March ?, 1944, Fi. ipinos were killed, tortured, and mistrent ed at Bnrrio Rizal: whose r esponsibility do you think that was? A It was the tmits thnt l ef1 Bacolod with the exception of the Takahashi unit that perf ormed these ~ cts -- they were responsible for them. I COLONEL STICKNEY: I would like to have two things I would like to have you spe.:-. k up a 11ttl e louder when you t alk to us, and then I would like to kno\·:, we have had n question

put to the ~itness and we hnve had a conversation between the interpret er nnd tho Japanese attorney.

LIEUT~ANT NAKAMURA: Yes, I did not get the first pnrt, so I have asked him to repeflt it. COLONEL STICKNEY: Now, you ar e r ead7 to give us the question which counsel askod? LIEUTENANT NAKAMUR'A: Yes.

MR . ~FRI NGER: May the r ecord show the conversation r ef erred to wn s between the i nt er pr et er and Yoshikawa . COLONEL STICKNEY: I think it is. r ef erred to in my r omarks. MR. SPRINGER: No, Sir, you said --

COLONEL STICKNEY:t Let the r ecord show that a conversation took place at that poi nt bet ween the Jape.nese counsel and the interprot er. Q During t he period from November 1943 to July 1944 , when Lieut enant Ni shikawa was commandi ng the garrison at Silny, did you have nny of your bntt nlion liai son men st ationed I nt tho Silay gRrrison? A I had liai son men st ationed at Silny.

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COLONEL STICKNEY: I did not get the last word. · LIEUTENANT NAKAMURA& At Silay. Q Who commanded the liaison men stationed at Silay? A They were under the command of the Intelligence Section of the battalion headquarters. LIEUTENANT NAKAMURA& Could you change the answer to the last question -- it should be "main" headquarters instead of battalion headquarters.

COLONEL STICKNEY& M-a-i-n h~adquarters? LIEUTENANT NAKAMURAs Yes. Q When you say "main headquarters," do you mean your battalion headquarters? COLONEL STICKNEYs This is the question now being asked? LIEUTENANT NAKAMURAs Yes. A I commanded it, two other battalions, and I commanded the entire security forces on Negros Island, and consequently my battalion headquarters would be the mai.n headquarters of the Negros Japanese troops. COLONEL STICKNEY: Lieutenant, you are talking to the reporter. We do not get it -- I am going to ask the reporter to read it now. (Last answer read by reporter.) Q Please answer briefly. When you said "main headquarters," do you mean headquarters of the Yamaguchi battalion? )A Yes. COLONEL STICKNEY: The Commis sion will take a recess and will reconvene at 1300 hours. (The Commission recessed at 1130 hours , to r econvene at 1300 hours .)

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------A F T E R N 0 0 N (The Con mission rcconvenei, pursuant to r ecess, at 1300 hours.) C;OLONEL STICKNEY: 1he Connnission is in session. MASAKAZU Y/MAGUCHI a witness ·.·ecalled for the defc nse, having previously been duly sworr., was further examined and testified as follows,

through I .1terp:nrt ers Nakamura f nd Tac cad: MR. GREGORY: Will · he interpreter r emind the witness ;hat he is still under oath? (1 he witness was r eminde .. he was st ill under o.ath.) DIRECT EXAlflNATION (CONTINUED) BY MR. YOSHIKAWA: Q "lou have t estified that t her e was a liaison man

attached to the garrison in ~i lay from your battalion headquarters. What was that liaison' man's duty? A His main duty was to gather information r egarding th'3 guerrillas. Q While Nishikavta was the commander of the garrison at Silay --- in other words, between November 1943 and July 1944 --- how many liaison men did you send out to \ Si lay? A One. Q Who was he --- do you r emember his name? A Yes , I r emembers Fujita . Q WhRt was this Fujita's r ank? A Sergeant. Q While Sergeant Fujita was in Silay, was he under the command of Nishikawa?

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A No, he was not under Nistikawa's command. Q Under whos~ orders was ht? A He was under the Intelligence Section of the battalion headquarters.

Q Who was the head of tho t~ttalion headqua~ers Intelligence Section? A Captain Inoue. Q When Fujita was in Silay as the liaison man and ordered to gather information about the guerrillas, whenever necessary could he borrow some of Nishikawa's men and l eading tnem himself go out and gather information

r egarding the gue~tillas? MR.

hypothetical ~uestion. MR. SPRINGER: I think its· r el evancy and

materiality Rr e perfectly ap~ ~ r e nt ~nd it is in the form of a preliminary question and the witness is well­ qualified to answer, because there should be no one in a

better ~osition to say who the differ eno powers were than the man who was actually In command; of them . COLONEL STICKNEY: Do we have anything yet,from this --- INTERPRETER TACCAD: He wants to withdraw the question and rephrase it.

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MR. YOSHIKAWA: I am going to ask another question. Q Whenever the liaison man needed some more men in order to gather information r0garding guerrillas, what steps did he take? COLONEL STICKNEY: Would you hold this a minute. I would like to know now whether he is tallting about the man who was the head of his battalion Intelligence Section or whether he is talking about the sergeant who was down in Silay • . Is that clear in the question? INTERPRETER TACCAD: It 9eems to me the ' man attached to the garrison at Silay. I will ask him. COLONEL STICKNEY: Is that the wav it is worded? INTERPRETER TACCAD: It is about Sergeant Fujita , sir, who is stationed at the Silay garrison. COLONEL STICKNEY: Is t hat ttie question ·· he· has heard? INTERPRETER TACCAD: Yes , sir. He just asked what steps Sergeant Fujita, the one who was attached at Silay, could take·. COLONEL STICKNEY: He used his name and r ank? INTERPRETER TACCAD: Yes , sir, MR. GREGORY: I am going to object to the question, because it doesn't st at e any time and .·. it doesn't stat e any place; and I do not want the witness to t estify to things that are not in the question either, but the quest ion does not show any such incident. took pl ace. It

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is like asking in case it red.nod would you put up some umbrella? It assumes something that could or could not have existed and I think we should confine ourselves to the facts as to what actually happened in this m~tter. MR. SPRINGER: We will take a ruling on the objection, tr the Commission please. COLONEL STICKNEY: The objection of the prosecution is sustained. I believe we can get the information by r ephrasing or by a different line of questioning, rather than the question just asked. Q From when up to when was Sergeant Fujita in Silay as the liaison man? A I don't know. I don't remember the details. Q In general? A I r emember that he was with Nishikawa, but I do not r emember the details. I Q Do you think he was with Nish1Jatwa while Nishikawa was the garrison commander at Silay? MR. GREGORY: I object to the question, as to what this witness think1. He is not here to t estify what he thinks: He is here to t estify as to what happened. I object to that. COLONEL STICKNEY: Anything from the defense on that? MR. SPRINGER: Yes, sir. I again call the Commission's attention to the witness who t estified that a man was in the truck who was called "Captain" ?.nd she thought it was Nishikawa , because the man wns called

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"C aptain", and over an objection she w ~. s allowed to t estify it wes in fact Nishikawa in the truck. MR. GREGORY: It was a situation where there was a b~ sls in fact. She had already t est 1£1ed that she had seen the man, she had seen the truck, and she had heard hjj1 called "Capt a in~" You have no basis of fact here ~t all. COLONEL STICKNEY: The objection of the prosecution i s sustained. Q Wer e liaison men usually sent out from the differ ent battalion headquarters?

A Liaison men W.ere sent out to impo rt ~nt points from the battalion headquarters.

MR . SPRINGERs Can I hav~ t hat l ast answer? (The r eporter read the answer.) MR. SPRINGER: Could I ask the interpret ers whether or not the cities wer e named --- such as Bago? INTERPRETER TACCAD: He said. at first ·· garrisons like Talisay and Silay, but he ch~ ng ed and said "important poi nts." Q Ther efore , there are always liaison men in important t ·owns like S ilay and Tali say or wer e they sent out only on special occasi ons? A They wer e always there.

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J I I Q Was there also a garrison at Bago? A Yes. Q Was a liaison man also sent out to Bago? MR. GREGORY: I object to the question as not having foundation -- show .the time nnd place that he was sent. COLONEL STICKNEY: Anything from the defense on that? MR. SPRINGER: In English that is correct, by the Japanese translation to keep the same time right straight through. LIEUTENANT NAKAMURA: The man said the time extended from 1940, from the end of the war -- it was a general question. COLONEL STICKNEY: That was a part of the question, was it? LIEUTENANT NAKAMURA: No, Sir, it was not part of the question. He said it was understood that there was no specific time limit, but during the course of the war. COLONEL STICKNEY: There is an objection to that, isn't there? MR. GREGORY: Yes, there is an objection to the question as framed. As the interpreter said v it was framed, and an objection to that question has been made. I don't know what else has been added since that question was first asked, and I object to the question as first asked, and I would like to have the Commission rule on my .objection. COLONEL STICKNEY: Anything from the defense? MR. SPRINGER: No, Sir, we will ask him specifically about the time. COLONEL STICKNEY: You wish to withdraw that question and substitute another?

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MR. SPRINGER: Yes. BY MR. SPRINGER: Q During what period ,,f time was there a garrison at Bago? A I don't remember. J\.st after landing we did not have enough forces, so I think :1.t must have been sometime after landing. Q At all times while there was a garrison at Bago, was there an intelligence liaison ~fficer there? MR. GREGORY: Now, first, I object to the question as not showing the place of "there." I ask the defense counsel whether he means that the intelligence officer was immediately in the garrison or whether he was outside the garrison at times. MR. SPRINGER: I will withdraw the question in an attempt to satisfy the prosecution in every respect. Q At all times when you hed an infantry security unit at Bago, was there also at. Bago an intelligence liaison officer man? COLONEL STICKNEY: That will have to be put into Japanese for this witness. MR. SPRINGER: Yes, Sir. A Because the Intelligence Section had very few men and it lacked personnel, sometimes there was a liaison man in Bago and sometimes there was not. Q Is that also true of Silay? A Bago wns quite far from Bacoloq, but Silay was quite near to Bacolod and was really an important place, so there was al wnys a liaison man there. Q Now, as f ar as Bago goes, there was always the Intelligence Section always had jurisdiction to go to Bago and conduct any investigations which they wished?

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,.m. GREGORY: Is that a statement or a question? YR. SPRINGER: It is a question. Q Ia ~.hat true? MR. GREGORY: I object to the question as being leadinJ and ES a sugeestion to toll the answer to the witness complet ely. CCLONEL STICKNEY: Any r eply from the defense cowisel? MA. SPRINGER& No, Sir. ';oLONEL STICKNEY: I would like to hear the question.

(Que~.tion read by reporter.) COLONEL STICKNEYa The objection is sustained. Q Wht.t were the duties and jurisdiction of the Intell1gence Section of your battalion? A Tte main duty was to gather information r egarding the guerrillas and as for the man in Silay, one of his jobs was to -- MR. GREGORY: I object to -- pardon mo, complete your answer.

A (Continued) One of his jobs was to accommodate the Air Corps personnel who had come into Silay in great number s . MR. GREGORY: This particular answer is not responsive to the question. The question asked what the duties of the intelligence officer of his battalion were, and he gave that answer in the first part of his answer, and then went on from there to the specific duties of the intelligence officer at Silay. I ask that the l~s t part of the answer be stricken as being unresponsive . COLONEL STICKNEY: Anything from the defense? MR. SPRINGER: No comments.

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COLONEL STICKNEY: The objection is not sustained . and there will be nothing stricken from the answer. BY YUKIO YOSHIKAWA: Q Do you know how many of the officers and the platoon leaders are at present being charged as wa~ criminals? A Four. Q Do you know their names? A Yes. Q Please enumerate their names? A Captain Takahashi, Lieutenant Nakajima, Lieutenant Nishikawa, 2d Lieutensnt Nanjo. Q What was Captain Takahashi's position in your battalion? A Company commander of the First Company in charge ot security of the Bacolod area. COLONEL STICKNEYa I would like to ask what area that was? INTERPRETER TACCADs Bacolod, Sir. Q What about Nakajima•s position? A Fourth company commander. Q Is the Nishikawa that you named, the Nishikawa who is at present here in this Court? A Yes. Q What was the position of Lieutenant Nanjo? A He was attached to the First Company under Captain Takahashi. COLONEL STICKNEY: I would like to ask what has happened right here -- whether or not that is going to be , what is happening over here. INTERPRETER TACCADs I asked him to repeat the question, Sir. The question wa.s, "Aside from the four you have just named, are there any other officers who are under your command who are war criminal suspects?"•

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COLONEL STICKNEY: Now, that is the question which

the attorney has asked o~ the witness? INTERPRETER TACCADs Yes, Sir, and which he repeated to me. LIEO'l'ENANT NAKAMURAs We did not quite catch it, and so we asked him to repeat. MAJOR BUTLER: I would like to have it repeated again, if you don't mind, ~ did not get it then. COLONEL STICKNEY: Will the r eporter read it, please? (Lnst question read by reporter.) A Yes, there are some who are suspected, but not yet charged. Q How many? A I remember there are still three. Q Do you know their names? A Yes, Lieutenant Ishizuka , Lieutenant Yamanoue, 2d Lieutenant Shimizu. Q What were the positions of those three officers whose names you have just stated? .A Lieutenant Ishizuka was the commander of the Second Company; Yamanoue was attached to the Third Company; and Shimizu was attached to the Ishizuka company. COLONEL STICKNEY: I would like to get the name again of that first one, what is his neme? INTERPRETER TACCAD: I-s-h-i-z-u-k-a. Q Are there any ones charged among the non-commissioned officers and enlisted men who wore under you, aside from l the officers? A Yes.

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Q HC'w many? A On.a. Q Do ycu know his name? A Sergoant Takeshita. Q Who aas Sergeant TakeshitE's direct commander? A He ves attached to battalion headquarters.

Q By ittached to battalion h~adquarters, do you mean he was atteched to the Yamaguchi battalion, your battalion? A He was attached to the Adjutant. COLONEL STICKNEY: The Commission will take a

ten-m1~1Ut e r ecess. (Short recess.)

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COLONEL STICKNEY: The C~mmission is in session. MR. GREGORY: Will you remind the witness that he is still under oath? (The witness was reminded that he was still under oath.) Q During the year 1943 and 1944 were there Kempei Tai on Los Negros? A Yes. Q And were there Kempe! Tai in Los Negros Occidental? A By Occidental d

calling for a conclusion. It i s not ~a~ 0d upon a fact; there isn't any foundation to show it ever happened; i t is in two forms. COLONEL STICKNEY: Any r cply from the defense?

MR. SPRINGER' Y e ~ , sir. His question is

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indefinite. However, its meaning is indefinite proof. All the proof has been on many of these Specifications thnt they were Japanese soldiers. Now those Specifications state Japanese soldiers under the command of Nishikawa; however, there is not one iota or· direct evidence on many of the Specifications that Japanese soldiers who were alleged to have killed people were under the command of ltshikawa . Am. GREGORY: My objection is to the form of tho question, which I think defense counsel will admit ·ts· improper. MR. SPRINGERs I will answer that. There is no one in a better position to know what the limits of official power of the subordinates are than a colonel who was a oattalion commander. COLONEL STICKNEY: The objection is not sustained. A No . MAJOR NOSUN: That question had two parts. "No" to what? COLONEL STICKNEY: Will the reporter r ead the question, please? (Reporter read tho question.) INTERPRETER NAKAMURA: "No" wns to the second part. COLONEL STICKNEY: Did you ask the two barrels of that gun on this? INTERPRET:ll NAKAMURA: Ye.s •

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A The K1,mpei Tai had authority to go into places where I maintainEd security units. COLONEL STICKNEY: Do we he.ve an answer as to

~heth c r tt.e infantry troops could do anything abnut the Kempei Ta:. coming in or not? A My ·;roops hnd no authority over the Kempei Tai. Q Did your garrison commanders have any authority over Int€111gence office';" s wh t... went to their gnrrison towns? COLONEL STICKNEY: That question isn't clear to me. Do you. have in mind Intelligence officers of units other than his own battalion? MR. ·SPRINGER: No·, sir, his own. I will rephrase the question.

Q You had an Intellieence S~ction attached to your battalion, is that correct? A Yes. Q And upon the r eceipt of i nformation or for any other r eason could they go ~o any town in which you hnd n garrison? A Yes. Q And did your garrison communder have any corttrol over what your Intelligence Officers did? A They have no authority over. my Intelligence officers. MR . SPRINGER : I have no further questions. COLONEL STICK.NEY: Cross-examination?

35'3

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CROSS-F~M INAT ION BY MR. GREGORY: Q Who was in charge of the r aid on Barrio Rizal? A I had overall command, but Lieutenant Nakajima was in charge of the particular expedition agasint Barrio Rizal. Q Did he get into the barrio before you did? A Yes, that is correct. Q How many officers did you have und er you about the first of the year 1944? A Including all the officers of the three battalions und er my command, there were approximately fifty. I can't r emember exactly. Q In western Occidental Nogros, from the south to the north and extending in a distnnee of twenty miles, how many officers did you have under you on or about January 1, 1944? INTERPRETER NAKAMURA: If you could show a map

(Mr. Gr. ego~y presented a map to Interpret er Nakamura who presented it to the witness.)

A There were about t w~ nty-s eve n or twenty-eight officers.

;

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And wha t we:•c there nnmes?

I LIEtJ'rE ~ANT NAKAMID ~ A ~ ~,: !0 ufit no~B n sks if he

can consult Lieutenant· Nishikawa ~ bout the names? MH. G-.'.{EGORY: No.

A The ones that I can r emornbe::- ar e Cnpt nin T:lknhR~ hi : 1st Lieutenant Nishilm111B., 2nd Lie 1tenant Nnnjo, 1 st Lieutenant

Snto of the ls"t Company, 1st Lieut e:nnnt Ishizukn, 2n~ Lieutenant Shimizu, 1 st I.ieutenant Daimon of the 2nd Compnny, 1st Lieutenant Okamoto, 1st Lieutenant Yamanouye , 2nd LicutP.nant Shibukawa, 1st Lieutenant Toda of the .3rd Co 1pany, 1st Lieutenant Nnka j imo, 2nd Lieutenant Hottn of the 4th Company, Capt?. in Inoue,

of the heavy won pons company, and 1! ~ t 11.eutenant Br1zoku,

1st Lieutenant Yamn~abt, 1 st Lieu ~i:.. nant Toyosaki, 2nd Lieutenant Kcndn , and J.st Lieutenant Hayashi of the bntta1ion headquarters. Those ure all that I cRn remember.

Q Now, on Jrtnuary 1, 1945 yr£"'0 the.c;t'.? snme vffj cers under your command?

A They v1cre not F! 1l under my comm:ind on J ~ nuory 1, 1945' ,

bec11 u~ c lst Company was assigned to the bt.. i gR".la he

MAJ <.'R NOSUN ~ Is that 1944 or 1945?

ICL GI\8GOHY: I s aid 1 ~;45 .

Q On J :-. nu·n·~r l, 1945', were those s R m~ officers sttll in I\egros?

A 2nd Comp:my under Licmtennnt I::3hi zuk~ a nd heavy vroapons company, Ca pt nin Inoue were both di s pa tch<."d t o J.eyte I sl:1nd,

SO th~ t they "'lCr e not ther€ at th0 timP a ll the oLh~ rs vel~ .

Q How mo n~r o ffic e r~ ,ud· you h£i ve nnder your comrr." nd on

J~ m u· ry 1, 1945?

LIEL"'Tf.;!'1:\NT NAK :~ MUR A : f; ould you ch":e0 th?. t

"rcnvy weapons 11 t o just "n portion of he ''VY vie. :pon s" ?

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COLONEL STICKNEY: I underst ~ nd now that is all of the 1st Company and a portion of the heavy weapons company? LIEUTENANT NAKAMURA: All of the 2nd Company. A About 12 or 13 office1·s. Q And whP. t W0re their names? A I can remember 1st Lieutenent Okamoto, 1st Lieutennnt Yamanouye, 2nd Lieutenant Shibukawa, 1st Lieutenant Brizoku, 1st Lieutenant Yamagatn, 1st Lieutenant Toyosak1, 2nd Lieutenant Knndn , 1st LieutenRnt Hoyashi -- thnt is nll I cnn remember. Q Was Lieutenant Nishikawa part of your command on • Janun" ry l, 1945?

A v He was not under my comme nd u.t the time, he WCl s under the direct command of the brigade commander,

Q What dnto did Lieutenant Nish ~ kawa leAve your command? A '-'I believe it v1a s ll. round December 1944. Q What day in December 1944? A I cannot recollect. Q On December 1, 1944 how muny officers did you h~v e under your commend?

A I believe it was about 12 or 13 officers. r Q .. ·'What were their names? A The interpreter has it on his pnper. MR. GREGORY : I nsk the court, with the consent of defense counsel, the interpret er cnn r ead that list as being the answer of the witness. MR. RANS OM' Yes, it is so stipulat ed. A: All I c an r emember is J st Lieutenant Oknmoto, 1st Lieutenant Ynmnnouye , 2nd Lieutenant Shibuknwn , 1st Lieutenant Todn , 1st Licutennnt N~ ka ji mn , 2nd Li e ut en~ nt Ho tt~ , Cnptnin Inoue , 1st Lieutenant Brizoku, 1st Lieutenant Yn mo g ~ t n , 1st Li eutcnnnt Toyosnki, 2nd Lieutenant Knndn , and 1st Lieutenant Hnynshi. 356 GAR(9)mvm '

Q Wns Lieutenant Nishikawa a pnrt of your command on December 1, 194,? MR. RANSOM: May counsel stP. te vrhether he sAid "Ishikawa", or "Nishikawa"?

MR. GREGORY: I said "Nishikawa 11 •

' MR. RANSOM: With 11 N11 • Mn . GREGORY: With a ca pital N. MR. RANSOM: It is sos tipulnted. \ I can't remember exactly 'whether it was before or

i ~ ter the 1st of December, but sometime during thnt period

I v~s o r~ e. red south to n place cnlled Bago to construct forti ficntiona. And I took all my troops except the 1st Company ".lllder Captain Takahashi in whose company was 1st Lieut enant Jishikmvn . I think mnybe it wn s after December and probably ::lshiknvra. wa s under my command on December 1, 1944. Q Now , I ,.,ill ask you if you hnve -- whether or not you hive stated all the names or all or the J r> panese officers vou can r ecnll as being present in western Negros between Jnnunry 1, 1944 and January 1, 1945?

A Yes, I named all ' the of f icers that I c ~ n r emember. Q Were you personally acquainted wi th all of the officer s :l. n western Negros between January 1, 1944 and January 1, 194'5 thnt you have named here? A Yes , I have met all of them. Q I will ask you whether this list of names which you hnve given us, const1. t't~ ~ s the names of all of the off'icers in • west ern Negros bet ween Janua ry 1, 1944 nnd January 1, 1945? MR. RANSOM: I object t o tha t, he ha s nl r e ~ dy t estified t hose ar e t he ones he r emembers.

357 GAR(9)mvm

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MR • GREGORY: I can ask him this question, this is a direct question, he can answer yes or no. ·If there were others he will have en opportunity to name them. COLOtiEL STICKNEY: Ther e is an objection? MR. RANSOM: Yes, Sir. COLONEL BrICKNEY : Whnt is your objection? MR. RANSOM: It has already been asked and answered. MR. GREGORY: Th1s is cross-examination, muy it plense the Commission. COLONEL STICKNEY : Will the r eporter read the question, plense. (Last question r ead by reporter.)

COLONEL STICKNEY: Objection not su~tnined. A They were not all the officers under my command, thnt is until sometime in August 1944 when the brigade headquarters moved t o Negros Island, the Hori battalion was under my command and e. reinforcement from Pnnay Island vms also under my command. COLONEL STICKNEY: The Commission will take n r ecess and vdll r econvene at 0830 hours, on 24 September 1946. (The Commission adjourned at 1500 hours, 23 September 1946 , to r econvene a t 0830 hours, 24 September 1946.)

358 GAR(9)mvm