Docket No./
Date: 6/ Jan. 29, 1946 - Feb. 14, 1946, Yokohama, Japan
Charge:
1. Committing cruel and brutal atrocities against POWs 2. Failing
to control, and permitting, members of his command to commit
cruel and brutal atrocities and other offenses against POWs
Specifications:
Verdict:
Guilty Verdict Upheld for all counts except specification 13/
Death by Hanging
Reviewing
Authority's Recommendations: Judge advocate found that the defendant
"had no power or authority to inflict the death penalty
on " POWs and had known that they were "being beaten
to death." Judge advocate felt that the accused not only
had legal responsibility as camp commander and the accused must
have known that the beatings were going on because the accused
made "frequent trips to the guard house."
Reviewing
Authority: Ralph W. Yarborough, Lt. Col., Assistant Staff Judge
Advocate
Prosecution
Arguments:
Defense
Arguments: 1. Denied beatings and mistreatment of prisoners
2. Was not aware of nor did he permit abuses committed by subordinates
- when he did become aware, he reprimanded them. He was prevented,
in fact, from having full authority for reprimanding guards
because of the stance of superiors 3. Superior Orders - he was
told to adopt harsher measures against POWs
Judge Advocate's
Recommendations: Another case where there was scrutiny of specific
charges - found Not Guilty by Asst. Judge Advocate because "his
name is not found in the evidence adduced."