Defendant: Kimura, Ryunosuke, civilian employee, Japanese Army, Tanagawa Branch POW Camp No. 4, Osaka Area, Honshu, Japan

Docket No./ Date: 14/ March 13, 1946, Yokohama, Japan

Charge: Violation of the laws and customs of war: 1. Did wrongfully and unlawfully kill a PW

Specifications: beating using among other club;

Verdict: 10 years confinement/ Sentence Upheld

Reviewing Authority's Recommendations: "Unexpected development" of having the superior and the doctor's statements amount to a confession of the crime of the murder of the said POW. The commission correctly assessed the crime as having been the beating of the POW rather than murder despite prosecution never relinquishing the theory of conspiracy.

Reviewing Authority: James M. Prestwood, 2nd Lieutenant, Assistant Staff Judge Advocate

Prosecution Arguments: Accused beat the PW, already being punished in the guardhouse for escaping.

Defense Arguments: Admitted to having struck the American POW but denied the scope of their beatings. Also denied participation in the conspiracy to kill the prisoner.

Judge Advocate's Recommendations: "Jointly and in pursuance of a common intent" was taken out of the original charge. It is interesting because of the difference between the idea of conspiracy in Tokyo and in the lesser trials.