MARSHAL OF THE CURRT:The international Military Tribunal for the Far East is now resumed.
THE PRESIDENT:All the accused are present except SHIRATORI who is represented by counsel. The Eugamo Prison surgeon certifies that he is ill and unable to attend and trial today. The certificate will be recorded and filed. Mr. Lazarus.
MR. LAZARUS: We next offer defense document 2996.
THE PRESIDENT:Is there no objection?
MR. LAZARUS:This is an excerpt from the testimony of one of the four Japanese officers tried by the American court in Shanghai for the torture, trial, and execution of the Doolittle fliers by the 13th Army in Shanghai.
OKADA was a staff officer of the l3th Army Headquarters in Shanghai and was appointed a member of the court which tried the eight fliers and sentenced all eight to death. He reveals, while testifying in his own behalf, that Major HATA, the prosecutor, requested the death penalty. He is the first of the four accused whose excerpts we offer and the Tribunal will note that they do not, even when on trial for their lives before the American court, state that General HATA requested the death penalty.
MR. SUTTON:If it please the Tribunal, the prosecution objects to this document on the grounds previously stated for which it objects to each of the excerpts from the SAWADA trial. The witnesses introduced by the defense testified that the trial was held under orders issued by General HATA as commanding general of the expeditionary forces in China.
THE PRESIDENT:This is no answer, anyway. As far as I can judge it was never suggested that the accused HATA himself went into court and asked for the penalty.
MR. SUTTON:That is our position, sir --
THE PRESIDENT:Both of us cannot talk at the same time. You will wait until I finish.
MR. SUTTON:I am sorry, sir.
THE PRESIDENT:The suggestion would be that HATA told somebody else to ask for the penalty in court.
MR. SUTTON:Our position, sir, is that this testimony does not rebut anything introduced by the prosecution.
THE PRESIDENT:By a majority the objection is overruled and the document admitted on the usual terms.
CLERK OF THE COURT:Defense document No. 2996 shall receive exhibit No. 3868.
MR. LAZARUS (reading):“ OKADA, Ryuhei was called as a witness on his own behalf.”
“Question: Were you at one time a member of the 13th Army in China?
“Question: In August of 1942, what duties were you performing in the Army?
“Answer: I was serving as one of the members of the staff."
“Question: Were you appointed in August 1942 to a military tribunal for the trial of the Doolittle fliers?
“Question: What did Major HATA tell the court?
“Answer: I do not know the exact words that he did say but he first mentioned the names of the eight fliers, then named the various evidences and questioning of the fliers and said that it is evident that they are guilty in a view of military law; therefore I request that the penalty be death sentence. That was said in his closing argument.”
“We next offer defense documents 2994 and 3005. These both contemn the testimony of TATSUTA, another of the four Japanese officers tried by this American court for the torture, trial and death of the Doolittle fliers. TATSUTA was the jailer of the American filers and he was present at their execution, and he states he read the order for their death to them at their execution. The contents of that order were that by order of the Commander of the 13th Army, Hallmark, Farrow and Spatz were to be executed.
THE PRESIDENT:Mr. Sutton.
MR. SUTTON:If it please the Tribunal, we respectfully object to this document on the ground that it is repetitive and not in answer to anything new brought out by the prosecution in the rebuttal phase.
MR. LAZARUS:In its rebuttal, if the Tribunal please, the prosecution introduced evidence tending to show that it was HATA who, in their contention, was responsible for the torture of the Doolittle fliers, and who gave the order or requested that the death sentence be issued. Here we are introducing excerpts from four of the men who were tried for their responsibility for the atrocities against the Doolittle fliers, by an American court, and in their own defense they did not lay the blame on General HATA.With this excerpt we show that even the very last act, the order for the execution, was still signed by the Commanding General of the 13th Army, not by General HATA.
MR. SUTTON:With the permission of the Tribunal, may I add that a defense witness, MIYANO, testified that the trial was held by the 13th Army under orders from General HATA, the Commanding General.
THE PRESIDENT: By a majority the objection is sustained and the documents rejected.
MR. LAZARUS: We next offer two defense documents, 2997 and 3002. These excerpts contain the testimony and the statement of the third of the four Japanese officers --
THE PRESIDENT: They have not been distributed yet.
MR. LAZARUS: I am sorry.
THE PRESIDENT: Yes, Mr. Lazarus.
MR. LAZARUS: These excerpts contain the testimony and the statement of the third of the four Japanese officers tried by the American court for the torture, trial and death of the Doolittle fliers. This accused, WAKO, Yusee, was the law member of the court and he received the severest penalty given by the American court. He received a nine-year sentence while the other three received five years each.