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Friday, 19 December 1947

INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST

Court House of the Tribunal War Ministry Building

Tokyo, J epan

The Tribunal met, pursuant to adjournment ,

9 at 0930.

10 Appearances:

11 For the Tribunal, all Memoers sitting, with

12 the exception of : HONORABLE JUSTICE E. STUART MCDOUGALL, 13 Member from the Dominion of Canada, not sitting from 0930 14

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to 1600; HONORABLE .n.JSTICE JU-AO MEI, Member from the

Republic of China , not sit ting from 1330 to 1600. ,

For the Prosecution Section, same as before.

For the Defense Section, same as before.

(English to Japanese and Japanese

to English interpretation was made by the

Language Section, IMI'FE.)

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TOGO CROSS 35,834

1 MARSHAL OF THE COURT: The Int ernational

2 f1ilitary Tribunal f or the Far E1s t is now resumed,

3 THE PRESIDENT: Mr. Brannon.

4 BY !:R. BRANUON (Oontinued):

Q There has been considerable t estimony r elative

o 6 to the f act that the Naval General Staff wanted to 1 f 7 attack the United States wi t hout any notice at all .

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Did fl dmiral SHI MADA, as Navy l:inlster a t that time,

ever tell you that he want ed to attack the United

States without complying with inter national l aw?

A My r ecollection i s t hat at the time discussion

was held on this matter, SHIMADA sat in silence and

did not utter a single word .

Q Now, Vice-Admiral ITO, Vice-Chief of the Naval

General Staff then, i s the1man whom you state insisted

on an attack without notice; i s tha t correct?

A It is rrrf r ecollection that it was NAGANO who I

first mentioned the matter of a surprise attack; and

then, after t hat, ITO r equested tha t the negotiations

be left untermina t ed .

Q And did tlas conversation t ake place at a

lia i son crnfer~nce?

A Of course , yes .

Q Mr. TOGO , Admiral SHIMADA testified before this

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TOGO CROSS

The quest i on , Mr. Presi dent, comes with ques­

tionable ?r ace nt thi s tine, since the accused TOGO ' s

counsel went forward with nll of hi s docunents all

4 of them had been served -- and into the phases as thou~h

5 no r eservation nt all had been mede. And , furthermore ,

6 os I stated , in my. own ·mind there wns some question

7 r Dised by the Court as to whether or not that would be

s proper procedure, and it wos my underst~nding that my

9 off er to so limi t , W1 ich of course would need consent

10 or arr eement from the opponent, was r e jected , and I

11 went forwa r d under that unde rstanding. 12 THE PRESIDENT : I didn't understand Major 13 Blokeney to accept your suggestion when you made it 14 some days ago nor to try t o'pin you down today, but what 15 he did appear t o want to know wa s whether you propose , 16

now to indulge in unrestricted cross- examination, so 17

that ho mi ght shape his course or r eshape it . If I am 18

under misapprehension, he mny correct me . 19

20 You a r e not bound by nny intimation you give

21 unless you ar e under an obligation to the Court or the

22 counsel for the opposing side , and I di dn't under stand

23 You to be under any '

obligation to either. We will not

24 put you on t erms in such a I!latter and Major Blnkoney

25 didn't , as f ar O S I recolleet .

DrR. KEFNAN: I mi ght stl'te br iefly, not to 0-----· I

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OSHIMA CROSS 34 , 2?0

have been broached because he ce rrie bock t o Ger many ,

but I ha ve no recollection of any conversation c-n

that .

Reference is made t~ exhibit 571 , page 6,465

(")f the transcr i pt. I n your d i scuss ions wfth Ambassa­

dor Ott di d you not appr ove a plan drafted by the

German Foreign f! inistry which in part pr~vided ftlr

the buil ding of a demonstration hall in Tokyo?

A I have n("I r ecollection . However, I should

like to s tate tha t because ther~ was a proj ect under

di scussi~n wi th reference tc the erectinn of a

Japan-German Association building i n J ap an , and the

subject may ha ve been brought up in connection with

tha t subject . But I have no r ecollection of hearing

anything about what you call a demonstra tion hall .

Q V!as not the purpos~! of inten'!Jificat ion of

propaganda to i mpr ove the ruj.nds of the J apanese

people for cooperatinn with Ger many?

A It nas to foster g~od wi l l b0twcen Germany

and J apan .

Q Did you have u c~nvcrsati~n .with Ribbentrop

shortly prior t o 4 J anua ry l ? '1-2 reearding the question

of cc·operati :- n l x~ -+.\"8·':"'1 th~ Axis Power s and Japan in tha

f ield of pTopaga~da al~8cted esrP~!ally toward Ind ia

and t he Ar abian coun tries?

r ?TOTE :

The attached pages ·are r,orre~ted

pag·~ 3 and s hould bo aubst i tuted for the

correspond5n~ pAgrs in th~ r ecord.

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TOGO REDITIECT 36 ,139

the ECTper or to await the ad vice of those close tG him

or those who were his official ad vi sers . But a t that

tirr·ie , because the question W[!S one r equiring most

ur rent act.ion and there was no time to a\'Jai t any

unani mity of opinions within the povernmen t , or t o

awai t the for mat ion of a new cabine t, r ather than do 1

that, I think, his majesty the Err1,er or gave his

8 heroic decisinn a t t hat ti me .

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THE ?~ESIDENT: Ma j or Bla~c;~ey . , '

RI;DITIECT f.XMH NATION

BY r:R. BL!J<ENEY (Continued) :

Q I want to ask you about one or two ma tter s

which wer e brought up but not ful l y covered during

y~ cr oss- examination . Fir st , on the 22nd of

December at page 3~ , 967 of t~e r ecor d , you wer e asked

about certain documents r ela ting to the per iod of the

Chinese Eastern Railway negotiations . Si nce one of

the documents of this type happen s t o be in evidence ,

I wi ll ask that i t be handed to you , exhibit No . 748.

(ryhe reupcn, a document was handed

to the witness . )

Please glance a t t hat and s tat e to the Tri­

bunal to whom it is addressed .

A It says "To J;r . Si -Lui ··Ben , Special Agent of

the f(inist r y of l'o reign Affairs in North Manchuria . 11

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TOGO REDI TIECT 36,139

the Emper or to await the ad vice of those close t~ him

or those who were his official ad vi sers . But at that

tiMe , because the ques tion wes one re quiring mos t

ur pent act i on and there was no time to 8\'Jai t any

unani mity of opinions within the povernment , or to

await the f or mat ion of a new cabinet, r a the r than do 1

that, I think , his majesty the Err1)er or gave his

8 heroic decisi~n a t that time .

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THE ?I'.ESIDENT : Ma j or Bla l-:,G~ey. , '

RLDIP.ECT BXM'i I !l1ATION

BY I'R. BL!JCE~TEY (Continued):

Q I want to ask you about one or two matters

which wer e brought up but not ful l y cover ed during

yo.Jr cr oss- examination . Fir st , on the 22nd of

December at oage 35,967 of t re r ecord , you wer e asked

about certa in documents r elating to the period of the

Chi nese Eastern Railway negotiations. Since one of

the documents of this type happens to be in evidence,

I wi l l ask that it be handed to you , exhibit No . 748.

(~hereup~n , a document was handed

to the witness . )

Please glance a t that and state to the Tri­

bunal to whom it is addr essed .

A It says "To Er . Si-Lui··Ben , Speci al Aeent of

the f~inistry of Fore i gn Affa irs in Nor th Manchuria ."

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sea t in t he doc k . )

r ·~{ . BLf WET"' : That i s the end of t he i ndividual

case of TOJfl .

TEE PfFSIDI:t'T : ;·aror Blaken ey .

f r.. BLAKE NEY : I now p r esent the defense of

Gene r al U!fl?U, Yoshij iro. Ne ithe r tM e vidence i ntro-

8 duced by the pr0 se cution rela ting to this defendant nor

9 the e vidence wh ich the de f endant is in consequence calle<

10 upon to adduce in his own behal f ju stifies any elaborate

11 opening of the ca se . I shall the r efor e proceed directly

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~i th the e vid ence.

I now offer, fir st, d efense document No . 2954 ,

the a ffidavit of AY ABE, Kentaro; who se pr oduction for

cross~examination I unde~stand not to be desired. '

THE PHESI DEFT: Colonel Ivanov.

COLot.JEL I VANOV : Your Honor, tr e prosecution

ob j ects to para1? r aph 3 of the a ffidav1 t of AYABE, Ken t ar

ina sirm.lch as at the b eg inning of thi s paragraph the wit-

ness submits hls o\'/n oe r sonal c:•nclus ion ba s ed on hear -

say . As to the allus i on to ID'E7U 1 s speech in 1937 at

the 17th Se ssicn of tho Di e t at the end o f thi s paragr ap

vie submit that it is secondary evid ence . The Tribunal

has always pr eferred , for quite f air r easons , to f!e t tre

ba s t evidence which, •n this c a se , would be to pr e s ent

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Tr ibunal will t ake judiaia l notice of it a s I sub­

r.i i t tcd tte othe r day . If not , \'H: \ 1ill have t e r e st

nith tha t r e se rvation .

TEE Pm:SIDEPT: If the Tri buna 1 decides not

to act on the agr eemen t, I r.ave no doubt they will

Ei ve you liberty to r r occed to :;>rove the lav.' of Japan

in. the usual v.iay , but I do not ant icipate any dis -

agr eement. By " in tte usua l way" I mean in the manner

tha t a question of f act would be ~roved in any

na tional cour t.

rm . LOGIN : '.!Te will accep t thnt , ~rour Honor.

THE ?nr SI DEllfl' : Carta in Brooks .

Im. B'·.ooK S: If the Tribunal please , I was

a t this mee t inp, and I d id agr ee as to the mE" tr.od set

out in this apr eement, r eserving my right to comMent

on the pr eMi ses as se t fo rth by the prosf cution . Some

of the~ I disagr ee with. The r e may be othe r s that

have agr eed with t he me thod set forth for handling

these matters in order to save t i me for this Tr ibunal ,

1.Jut I \r1an t the Tribuna l to underst and t ta t tha t is my

posi tion .

THL P~·rs :n! NT: r r . LPvin

?l R. LEVIN : Mr . President , I was not a t

this mee ting thi s noon; and , as I understood it , the r e

v1as to be a d isc;ussion in r e lation to v• he t her or not

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THE PRE.SIDENT: Fr . Yamaoka . 1 MR . YAf!fl.OKA : May it ole~se the Tribun~l , I 2

wish t o object to th:s docunent . In the first place, 3

the wi tnes~ HORII~CUCHI when he WR S questioned or, .. this 4

document could not sta te definitely whether thjs telegram 5

6 w2s ~n offjcia l telegran of •he Foreign Office . I have

7 looked at the original, together \'.'i th m:; co-counsel,

8 and it is on paper which belonFs to the Foreign Office,

9 but there are no signatures showing that it is the ori-

10 gin~ l or a copy of the original telegram actually sent .

11 '~oreover, it just states that i t was drafted

12 February 8, 1938 . There is no statenent nor any

13 insignia or mark she., 1ing that it v: ~ s actually sent .

1~ As your Honors will recall, durin~ the testimony of many

15 of the defense witnesses , the Foreign Office pr actice

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as to telegrams and off icial documents hAs been amply

ex9lained. It is therefore possible that this nRy have

been a ar~ft subnitted by a mi nor bureau official in

the Foreign Office and merely remained in 2 draft form.

TEE PRESIDI:NT: It is describ~d as R telegram

number . 23

24 r~R . Y M.:f'.OKA : There are many such documents , if

25 yeur Honors please , in the Foreirn Of'. ice, end if docu­

nents of this nature are accepted without further proof

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TEE PRhSID'CNT : t'r . Yamaolrn . 1 MR . YM!.l\OKA : May it ole:\se the Tribun::i l , I 2

wish to object to th~s docunent . In the first place, 3

4 the wi tnes~ HORII~CUCHI when he WR S q~estioned or. .. this

document could not state definitely whether thjs telegram 5

6 wes ~n offjcial telegran of t he Foreign Office . I have

7 looked at the original , toge ther \'.'i th mj' co- counsel ,

s and it is on paper which belonrs to the Foreign Office ,

9 but there are no signatures showing that it is the ori -

10 gin~ l or a copy of the original telegram actually sent .

11 Moreover, it just states t hat it was drafted

12 February 8, 1938 . There is no statenent nor any

l3 insignia or mark sht.. 1ing that it v·r:is actually sent .

14 As your Honors will recall, during the testimony of many

15 of the defense witnesses , the Foreign Office practice

16 ~ as to telegrams and official documents h~s been amply ./

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ex9lained . It is therefore possible that this MAY have

been a drPft subnitted by a minor bureau official in

the Foreign Office and merely remained in a draft form .

THE PRBSIDENT : It is describ~d as ~ telegram

number . 23

24 r.1R . YAK/I.OKA : There are many such documents , if

25 yeur Honors please, in the Foreirn Of. ice, and if docu­

nents of this nature are accepted without further proof

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37,259

his f a ilure to recollect the l'l'!atter cont:-ined t~ierein

or his refusal t o stAte thet th e documen t ?.s tendered

to him ~ s the ori~ inal or not the origina l does not

qua.L.ify such ev:id.cnce as rebuttal evidence . If such

v:ere the rule a witness c.oul o be Asked on cross -

examination a very wjde r ange of questi ons on subjects

dealing perh?ps wi th the ~a i n par t of his t est i Mony , 7 •

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or even as to his credibiljty , qnd if docuMents are

simply admi tted in rebuttal just on that g roun~, I re ­

spectfully submit it would prolong the rebuttal to such

an extent and expand its scope t o such an extent that

it would be a l~ost unbearPble . In addjt ion I resoect -

L3 ft1lly submit that th::s docu•·ent prcb~bly w::i s in th e

14 possession of the prosecvtion long before i t closed

15 1 t s case and , in the a bsence of sol'Je showing excusing

16 their tender during its c~se, as w~s done in the c~se

17 of the defense when mA tter s relatinp to general sub-

18 jects and properly dealt with in the general phases 19 wer e r efused admission unt il proper excuses or proper 20

r easons could be shown - I re s pectfully submit t hat 21

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th~so ~st~ndards hAve not been met and t he document

should be re jected .

THE PRESIDENT : f'r . Comyns Carr .

MR . COrl.YrIS CARR : If your Honor pleases ,

the answers t o those objections are exactly the same

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w~re r~sumed as follows:)

~ARSHAL OF THE COURT : The International

~fi litary Tribunal for the Far Eest is now resumed .

THE PRESIDENT: P'r . Yamaoka .

M!t . Y AMA.OKA : tfay it please the Tribunal,

o 6 I do not propose to ar~ue Any further object ions . l f 1 However , I do desire to correct the state~ent which

s ny learned fr~end made , whjch I believe was to

9 the effect tha t the accused HIROTA admitted nothing

10 anJ denied nothil)g . I believe the Tribunal 1 s well

11 aware tr1at he has pleadf'd not guilty to the Indictment . 12

Uoreover, I wish to state that any allusion

l 3 by my learned fri end to the failure of the accused 14

HIROTA to take the stand is not only improper accordi ng 15

to ~he practice to which I am accustomed , but I respect -16

fully submit violates the statements mAde in respect 17

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thereto by the l earned Chief of Counsel .

THE PRESIDENT : l.'r . Comyns Carr .

MR . COMYNS CARR : Your Honor, my learned

friend himself informed the Tribunal thAt HIROTA had I not denied mPkinr this particular stateMent and it was 22

23 necessary for me to meet tha t observation , which was

24 put as a f round of objection to the docu~ent being

25 received, pointing out that he had not denied anything .

THE PRESID~NT: The objection is overrul ed

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THE PRl'SIDl:NT : CAptain Brooks.

MR . BROOKS: On behalf of the accused KOISO

I wis h to object to this docum~nt as having no proba-

tive value and being unimportant . I wish to object

furt her that it is not the best evidence, as it i s not

a tr2nslation from the original before it was altered .

This is apparent fron a previous exhibit, 3751-A,

on the bac~ ppge thereof .

Paragraph 1 of the prosecution ' s own exhibit

ren ds that the ~anuscript was t~ken of noteG to SAIONJI.

He read the materi al personally, corrected mi stakes,

and added whatever additional notes he deemed necessary

t o the manuscript . "He returns it to me the next time

I go to see him . Then a clean copy of this is made .

This is then edited again and filed away . "

THE PRl:.SIDENT : v:e have alreedy decided that .

\''hy bring it up aeain?

MR . BROOKS : This la tter clec.n copy with the

edited notes is what the Tribunal has before it, which

is third-hand, and I say is not the best evidence .

The prosecution has not m~de an Attempt to bring in

the original unaltered notes of HARADA , who had persona l

24 knuwl,.dge in some instances . That is why I had

25 suggested to the prosecution that they steer away

fr om this ev:.dence for the t i me being , since they

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and I have no opportunity to check them untjl after

it is too late, but I ask tha' the Court tRke the

page nunber given by the prosecution and study it

carefully and ascertain for thenselves whether i t

oenrs out his st? tement . I ob ject to this ?S having

no probative value 3nd not being important and as

beinr hearsay of the r ankest f orm . 7

8 Furthermore , if these t wo, MIN AI.11 and KO ISO ,

9 as mentioned in t ~ere , were crjtici zing eRch other,

10 it would cer tainly ~o to meet t he prosecution 1 b

11 allegations RS to conspirf.\cy . In fact , it may be

12 bene f icial, ~ ssuming , of course , that this docu-

13 ment would have prob~tive va lue .

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TLE PRESIDENT: by a MAjority, the objections

are overruled Pnc1 the docur1ont admi" t€'d on the usual

terMs •

CLE~K OF THE corRT : Prosecution docunent

3150- 10 will receive exhiuit No . 3756 for i dentifica -

tion only; and the excerpt therefrom , being prose-

cution document 3150- l OA, will r eceive exhibi t No .

3756- A. •

(~hereupon, document 3150- 10 WAS

marked pro~ecution exhi bit No. j756 for

i dentificq t !on; r nd the e/ceTp~ therA from,

document 3150- l OA, was m~rked nrosecut ion

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J1:~ . BROOKS : I submi t thnt, i f ther e was a

written petition , it should be produced or some­

thing in the nature of an official char acter that

shows there was such a petition before it is accepted

as i mpeachment evidence . HARADA would not have been

6 a bl e to make this stnte~ent in an affidavit , and

7 he should not be able to as a person preparing t his

s docu~ent for t he pur pose of writi ng a boek .

9 ?t.R . CO~fJ'NS CARR : Your Honor, i n my submissi on

LO t his is on quite a different f oot ing . This is a con-

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te~por~ry state~ent made by one alleged conspirator,

namely KONOYE , by anott-er, narne l y MI NAf'I .

'i'FE P?.ESIDENT : By a mnj ority , the objections

are sustained nnd the docuMent ~ejected .

MP. . C011YNS CARR .~ I no\'' offer i n evidence

JPS docu~ent Nn . 3150- 249A relating to 13 August ; 1937 '

regarding a conversation bet\•,ween HARADA and HI ROTA

about t~e Shangha i Inc ident which was denied t: the

witness HORI NOUCHI at pp.ge 29 , 764 -6 .

THE PRI· SID:t.NT : Mr . Yarm oka .

MR . y AJ'/\CKA: MAY 1 t pl eASe the Tribunal'

the subject matter covered by t h1s tender is contained

in defense exhibits 3280 , record 29,934; exhibit

3180- L, 29 , 935; c:nd also i n the OKArWTO affidavit ,

defense exhi bit 3274, record 29 29: 6: and in the

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.------------------- - ----------- ---~64 2, r ecord p~ge 2?. , 894 .

This excerpt from the ~e-oirs contradicts

thjs evidence .

THE PRESIDENT : r~t- j or Blakeney.

VR . BLAKhNLY : I w~sh to object to this

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6 document . I shouldn't perhaps consider it worthwhile

to do s o ~f jt were only thPt thjs document is a

congeries 1• ,f opir. .. ns , conclusions , !:> s is shown by

the languc~ge 11 I keenly feel 11 so And so ; "I bel i eve ,

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I bl ~i eve "; "it is truly r egrettable,"

I think the inte resting thinp , however, is

thRt this is not even BPron rlARADA, or whoever may

be the nuthor of his memoris, who fee l s these things ,

For if we t urn to the conpl ete tr ~nslaticn of this

chnpter , we ~ind tha t the entire mntter contained in

this docur.ent is a p~rt of a l etter from th is informP.nt ,

Captnin T~KAGI, whoever he mPy be .

This document, therefore , not only, P s r.~r.

Comyns CRrr said, deals with the letter of TAKAGI's

but is i n fPct c pi:>rt of one of those l ett0rs Pnd I

submit should be r ejec t ed on the SHMO ground as in

the c~se of the l et t e r from TP~AGI 1n the preceding . ···,

document .

~:':1 . FUR:rnss : If your Honor ple~se - -

THE PRESIDENT : By a ma jority the objection

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as P thing t o be a ctu~ lly accompolisbed a t the date

which pur ports to be the date of this interview ,

the 27th of October .

~ddition~ lly on the qu ~stion of probative

vR. lue , I point ou t that this purported conversat i on

i s r ecord ed by some one whose identify is not dis­

closed , and we ha ve nbsolutely no guPr Rntee of ~ny

nature the t it correctly r Ppresents even the substance

of :iny conversati on which ever occurred .

Th~ t much on t he probative value .

On the iMport~ nce of this docu~ent , I thjnk

the l P- nr uage correction just mPde h~s very effectu0lly

disposed of whet sec~ed to te ~0vanced as the chief

rrounrl f or 1 t"s i ntroductionr t hct i s , if I under st;:md

correctly , this w~s be inf offe r ed to show th~t the

supges tir . 1 of a.trogPti on of the secret agr eement

annexed to the Ant i-Comi ntern Pact dj d not originate

with the For ei ;-n .~ini ster but v. ith the German side ,

a thing whi ch I might re~ark "wa s never suggested to

any of the witnesses wh o are now allered to be

rebutted by t hjs document . Unless my memory dec e jves

23 me , and I nn quite sur e i t does not , none of the three

24 ~itnesses na~ed WPS ever cros s - examined to Pny extent

25 on th~t point\ in fnct one of them did not takt>· the

stend , the pr osecuti on waivin~ cros s -examin~tion

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38,i oo

Un~ted States three . That i s exhibit 3838- B, the second

I would call attention by way of deviation here

t o the fact that table A and table B, and also table c, with respect to battle~hips, should be reduced by ei~ht

5 battleships, in view of the tes timony of Admiral

6 Richardson, transcript 11,235, not disputed in this case,

7 that the attack on that date, in the morning, either

8 destroyed or severely damaged eight of the United

9

10 States battleships indi~ated on these charts.

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Exhibit 3838 contradicts 3003-A in the follow-

ing classifications :

Battleships, 15 instead of 17 .

Destroyers, 142 instead )f 172, and

Miscellaneous types, 176 insteac of 1192 .

Exhibit 3838- B contradicts exhibit 3003-B in

the following classifications:

Under construction: Aircraft carriers, 10 19

instead of 22 . 20

Light cruisers, 18 instead of 31. 21

22

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Destroyers, 88 instead of 256 .

Submarines , 38 instead of 96, and

Miscellaneous, 349 instead of P95.

IPS document 3341 , now exhibit 3838-A, as pre­

pared by Mr . Ray, gives comparative strength in Pacific

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38 ,ioo

Un~ted States three . That i s exhibit 3838- B, the second

e,.•try.

I would call attention by way of deviation here

t o the fact that table A and table B, and also t able c, with respect to battleships, should be reduced by eight

5 battleships, in view of the tes timony of Admiral

6 Richardson, transcript 11,235, not disputed in this case ,

7 that the attack on that date, in the morning , either

8 destroyed or severely damaged eight of the United

9

10 State s battleships indi~ated on these charts .

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Exhibit 3838 contr adicts 3003-A in the follow-

ing classifications:

Battleships, 15 instead of 17.

Destroyers, 142 ins tead )f 172, and

Miscellaneous types, 176 insteac of 1192.

Exhibit 3838-B contradicts exhibit 3003- B in

the following classifications:

Under construction: Aircraft carriers, 10

instead of 22 .

Light cruisers , 18 instead of 31 .

Destroyers, 88 instead of 256.

Submarines, 38 instead of 96 , and

Miscellaneous, 349 instead of ?95.

IPS document 3341, now exhibit 3838- A, as pre­

pared by Mr . Ray, gives comparative s trength in Pacific

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38,101

Ocean areas . This table, therefore, further provides l

2 correction or uosition for exhibits 3003-A and 3003-B

3 ?S purporting to present comparative naval strength of

4 Japan and the United States on ? December 1941 .

That is all the comment that I care to make ,

6 sir , about the comparisons in correcting the record .

7 THE PRESIDENT: Are you sure you have called

B the right number of these exhihits?

9 CAPTAIN ROBINSON: I beg pardon, sir?

10 lHE PRFSIDENT: I am told vou are quoting ex-

' 11 hibit A when you really mean exhibit B. 12 CAPTAIN ROBINSON: On table C, I should have 13

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3838-B instead of 3833-B; I see that . In order to hav~

the record straight, may I give the IPS document number

and the exhibit number opposite?

IPS document 3340 is exhibi t 3838; 3341 is

3t>.38-A, I see , 'and IPS document 3342 is 3838- B; is 18

that correct? 19

20 On the order of proof, if the Court please,

21 there are three documents listed which may be offered in

22 evidence, although they are merely supplementary to these

23 three charts and are not a necessary part of them.

2tf THE PRESIDENT: Mr. Br annon .

25 MR . BRANNON: The defense submits that IPS

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THE PRESIDENT : Mr . Oneto . 1

2 MR. ONETO : I pr esent in ~yidence IPS ~ocument

3 No . 3367. It is a rep~rt esta~lished ~Y Gener c l Martin,

• ,1

Commander in Chi ef of the troops i h Indo- Chi na , and

5 givi ng a review of events at Langson in Spptember 1?40 .

6 Thi s document is offered to r ehut the stAtement

7 made t-y the accused TOJO that: "an exchange of firing

s t ook plece betv•een the Japanese <:>nd French troops on the

9 bord~r between Fr~nch Indo-ChiRa and Chi na" , (Tr aescript,

LO pe.ge 36 , 202) , 8:na that this " small encounter of arms

tl was S(· ttled within the sarne day" (Transcript, page 36 , 203 J2

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Thi s rPview of events at Lengs~n set f orth

the . i~portance of the ~attle whi ch ~ccurron i~ thi s

ar~a end e~Rtr&dicts th~ t\.c~.laratiAn of the accused

TOJO who tried to mini~izQ this battl e .

MR . L.AZA3US : Mr . Pres ident, I see that tee

Japanese and th~ ~~~ri~a8 attnrnoys f~~1. TOJO

are n~t present, SA on his beRAlf I will take the

g~neral Abjection that the accusod Rave off~red a goinst

this type of evi~ence ~

THI PRESIDINT: Well , w~ have not ·seen the

documant yet. -We are V'1ai tinF to bo supplied with

CApie:; •

Py a ~aj~rity tho oR j cctinn is overrul ed and

the do~ument aAmitted on the usual t erms .

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38' 582

Officer commanding the J apane se Division at Longtcheou

1 had a letter ultimatum intended for the High Command, 2 sent t o the Comranding Officer at Dong DPng, giving the 3 i nformati on that the Japanese troops would enter Indo-4

China peacefully and would pass through Hanoi and that

no armed resistance should be offered . 6

"At 2200 hrg, The Japanese enter Tonrking 1

8 in battle format ion on the front Binhi Chima . Sergt,

9 Dubuc on duty near Dong Dang , wounded by a bayonet at

10 2210 hrs , fired after chall enging .

11 "The Corporal of the blockhouse at Nan:iquan

12 on duty about 22 . 25 hrs fired shots in the air after

t3 challenging on noting su ~icious movements .

14 "Attack on the Namquan blockhouse and positions

15 et Oone Dang by artillery and t anks during the night

l6 and morning 22/23 Sept~mber

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"23 •••• / .•• / •• •

"23 September - The post Dong Dang occupied

in the morning ,

"At 0700 hrs . - Intervention by Colonel KOIKE ,

General NIS!UHARA ' s Chief of Steff , to stop firing; could

o~ly apply to elements of the first line who did not

know of the agreement (or wer e purposely ignoring it).

"23 September (Continued)

"French cepsed fire on condition Japanese '---·--

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1

is no intention on our part to make misl eading quota ­

tions out of these memoirs . And in any event we 2

r espectfully submit that if the Tribunal will go over 3

4 these alleged omissions , that is, in the originals ,

5 the main purport in context and the purpose of the

6 tender will be made obvious .

7 THE PRES·IDENT : Well , they must be in evidence

s bef or e we can go '--"er the omitted parts .

9 MR . YAMAOKA : Well, if your Honors please ,

lO Exhibits 3774 and 3777-B and 3778- A were introduced by

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the pros 1cut i on generally to show that Mr . HIROTA ,

being pert of the government a t that time , t ook ~ n

uncompromis;ng s t and on naval disarmament .

THE PRESIDENT : A majority will admit this if

you include ~ ne onitted parts. Are they extensive?

MR. Y11.r/ACKA : I don 1 t YT1s1• which part Mr . Comyns

Carr des ire3, b~~ I shall be ~0~Y glud to obli ge him.

(Wh·~ . .- ~ l~f::m, at 1045, e r ecess was

taken until : 1 0() , n.f ter wh:.:~1 the proceed-

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38 ,64-7

prcsecutinn exhibits 1774-A, record 37 ,646; 3777-B,

record 37,668; end 3778-A, record 37,672 .

THE PRESIDENT: Mr . Comyns Carr.

MR. co:MYNS C.~RR: If the Tribunal please,

this document doesn ' t answer anything in any of

those exhibits. If the defense wanted it, they should

have nut it in ~s part of their case .

MR . YAMAOKA : May it please the Tribunal ,

this excerpt further shows that r::r. HIROTA was in

fQvor of rapprochement and contradicts the prosecu-

tion exhibits above specified .

The prosecution hes often stated that there

have been inconsistencies in Mr . HIROTA ' s publ ic

pronouncements and some of his acti ons , and th~y have

endeavored to fortify that with the exhi bits I have

just mentioned . Thi~ tender shows the consistency

of action between Mr . HIROTA '~ pronouncement s and

his dealings with the various ~art ies in connection

with the d1.sarmament question . THE PRLSIDENT: By a majority the object i on

is overruled and the document admitted on the usual

terms .

CLERK OF THf. COURT: Chapter 155 of the

SAIONJI-HARADA Memoirs will receive exhibit No . )872

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38 ,658

to indicate that Mr : - HIROTA es Foreign Minister might

have been a party to the breach of the assurances .

THE PRISIDENT : By a majority the objections

are overruled ana the document admitted on the usual

terms .

CLERK OF THE COURT: Chapter 247 of the

SAI OUJI -HARADA Memoirs will receive exhibit No . 3875

for identification only ; the excerpt therefrom, being

defense document 3013- D, will receive exhibit No.

3875-A.

(WherGupon, the document above re­

ferred to was marked defense exhibi t 3875

for identification; the excerpt therefrom

being marked defense exNibit No . 3875-A and

received in evidence . )

im . YAt1AOKA : May I respectfully invite the

attention of the Tribvnal to the fact that the chapter

number is missinr on this excerpt, but it should be

Chapter 247 .

I shall read exhibit 3875-A.

"On August 3 MATSUDAIRA, Chief Secretary to

the Lord Keeper of the Privy Seal, told me that on

August 2 the Chief of the General Staff proceeded t o

the Palace and said to the Emperor that the Army would

send the t;--oops as far as the Paoting line but would

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38 ,658

------- -----to indicate that Mr . HIROTA es Forei gn Minister might

have been a pa rty to the breach of the assurances .

THE PRISIDBNT : By a ma jority the objections

are overruled ana the document admitted on the usual

terms.

CLERK OF THE COURT: Chapter 247 of the

SAIONJI-HARAVA Memoirs will receive exhibit No . 3875

for identification only ; the excerpt therefrom, being

defense document 3013-D, will receive exhibi t No .

3875-A.

(Whereupon, the document above re­

ferred t o wa s marked defense exhibi t 3875

for identification; the excerpt therefrom

be ing marked defense exwibit No . 3875-A and

r eceived in evidence . )

MR . YA1~0KA : May I r espectfully invite the

attention of the Tribunal to the fact that the chapter

number is missing on this excerpt, but it should be

Chapter 247 .

I shall read exhi bit 3875-A.

"On August 3 MATSUDA IRA, Chief Secretary to

the Lord Keeper of the Privy Seal, told me that on

August 2 the Chief of the Gener al Staff proceeded t o

the Palace and said to the Emperor that the Army would

send the ti'"oops as far as the Paoting line but would

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38 ,6 58

to indicate that Mr : HI ROTA es Foreign Minister might

have been a party to the breach of the assurances .

THE PRISIDBNT : By a majority the objections

are overruled and the d ocument admitted on the usual

terms .

CLERK OF THE COURT: Chapter 247 of the

Sft,I OUJI - HARADA Memoirs will rece ive exhibit No . 3875

for identification only; the excerpt therefrom, being

defense document 3013- D, will receive exhibit No .

3875-A.

(Whereupon, the document above re­

ferred t o was marked defense exhibit 3875

for identification; the excerpt th~rcfrom

being marked defense exwibit No . 3875-A and

r eceived in evidence . )

MR. YAMAOKA : May I re spectfully invite the

attention of the Tribunal to the fact that the chapter

number is missing on this excerpt, but it should be

Chapter 247.

I shall r ead exhi bit 3875-A.

"On August 3 MATSUDAI RA, Chief Secretary t o

the Lord Keeper of t he Privy Seal, told me that on

August 2 the Chief of the Gener a l Staff proceeded t o

the Palace and said t o the Emperor tha t the Army would

send the ti"oops as f ar as the Paoting line but would

---·--------

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38,676

military on the question of the German Japanese alliance

was rejected by the Tribunal. If it had been admitted

it might perhaps have been admissible to introduce this

document, although there is nothing in this document

in fact to the contrary. If this document is admitted

now, I would ask the Tribunal also to admit the one

which they previously rejected, because , in my sub­

mission, it would be clearly unfair to have the one with

9 out the other .

LO THE PIThSIDENT: Mr . Yamaoka .

11 MR. YAMAOKA : May it please the Tribunal , the

12 many excerpts introduced by the prosecution from the

' -' SAIONJI -HAMDA MemGirs purport to show that Mr . HIROTA

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agreed with t.he army in its views . This excerpt is

tendered for the purpose of combatting that, and we

therefore submit that it is important and has probative

value . Furthermore, I might state there is the charge

of general conspiracy fro~ 1928 to 1945 against Mr .

HIROTA, and this excerpt is tendered as showing non­

cooperation and opuos~tion to the army and the General

staff . We respectfully submit that it may have an

important bearir.g on the accused's ~ ~·

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38,676

military on the question of the German Japanese alliance

was rejected by the Tribunal. If it had been admitted

it might perhaps have been admissible to introduce this

document, although there is nothing in this document

in fact to the contrary. If this document is admitted

now, I would ask the Tribunal also to admit the one

which they previously rejected, because, in ~Y sub­

mission, it would be clearly unfair to have the one with

9 out the other .

LO THE PRbSIDENT: Mr . Yamaoka .

11 MR. YAMAOKA : May it please the Tribunal, the

12 many excerpts introduced by the prosecution from the

l j SAIONJI- HARADA MemGirs purport to show that Mr . HIROTA

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agreed with t.be army in its views . This excerpt is

tendered for the purpose of combatting that, and we

ther efore submit that it is important and has probative

value . Furthermore, I might state there is the char ge IS of general conspiracy from 1928 to 1945 against Mr .

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HIROTA, and this excerpt is tendered as showing non­

cooperation and opuos~tion to the army and the Gener al

staff . We r espectfully submit that it may have an

important bearir.g on the accused 1 s ~ n.a.

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38 , 846

MR . BLAKENEY: Of course , because he knew

the di plomati c practi ce , your Honor ,

THE PRESIDENT : This rest s on my vote ; ther e­

fore I have taken car e with it , By a major i ty t he

ob jection i s sust a i nea and t he document r e j ected ,

MR . BLAKENEY: Las t l y , I tender f or identifi­

cation the For ei gn Mini str y Tr eaty Bureau ' s "Report

of Activiti es " f or the year 1941 and offer in evidence

an excer pt ther efr om, def ense document 3039 , This

document i s offer ed t o r ebut any poss ible i nf er ence

conta i ned i n pr oseeution exhibit No . 3835, trenscript

pages 38 , o65, et sequentia tha t t he abrogation of the

13 secr et ag~eement of t he Anti- Cominter n Pact wa s

1·1 brought about t hr ough Ger man i nitiative , as alleged

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b~ thP prosecut or at transcr ipt page 38 , o61 .

THE PRESIDENT: Any objection?

Admitted on the usual t er ms .

CLERK OF THE COURT: The book ent i tled

"Report of Activi ties for t he Year 1941 , " printed in

J epanese , wil l r ece ive exhibit No . 3902 f or i dentifi­

cat i on only and the excerpt ther efr om , bearing def ense

document No . 3039 will r ece ive exhibit No . 3902-A.

(Wher eupon , t he book above r ef erred

t o was marked def ense exhibit No . 3902 f or

identification ; the excerpt t herefr om , be ing

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SUZUKI CROSS 38 ,895

throughout the witness ' affidavit he r ef er s to what

powe r and what jurisdiction the Foreign Ministry had

with rega rd to prisoner s of war . He r efers, ~n

addition, to a bureau set up within the Foreign Ministr y,

He suggest s that tha t bureau did not have any real

r esponsibility with r egard t o prisoners of war.

THE PRESIDENT: Well , that document contra-

~icts him. At most you can ~xpect an admiss i on that

he was wrong and, thereby, destroy his credit .

COLONEL MORNANE : With gr eat r espect, your

Honor , I don't agree with that . I submit that his

affidavit is susoeptible of some other explanation .

THE PRESIDENT: Ha s he left anything obscure

that could be r ectified by that document?

COLONEL MORNANE i He has left something ob-

scure for the r ectification of which this document can .

form the groundw ork .

THE PRES IDENT: Well , proceed to cross- examine

him. , We will see whethe~ you are correct o~ not .

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38,927

will r ece ive exhibit No . 3913 .

11\ . COT'"KS C A,..·r ~ f1ay it please the Tr i bunal ,

this document ~s of the same character as the last

except tha t it only begins th~ story in February 1945.

'!!e submit that it should be r e j e cted on the same

gr ounds as Admiral YOP/.I' s affidavit.

THE P~f5IDENT: It \'1as admitted thinking

there \'Jas no objection.

~m . LOGAN : Shall r r ead it, if the Tribunal

pleDse?

THE PF,ESIDENT: It is admitted on the usual

terms .

(Whereupon , the docuncmt

above r eferred to was Marked defense

exhibit ro . 3913 and recuive d in evidence.)

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S!~IF/l.DA RLDI RECT 34, 812

2

that the accused rljd not nersonally have that power

but acted thrcugh the E~peror . I may have been

3 guilty in the frami ng of my question .

4 ACTING PBl:.SIDE.NT : Your question was all

5 ri r ht. The only point I am ra i s inr is this: that

6 he didn ' t have to go i nt e that long dissertation to

7 t ell us that.

8 BY J•R. BRt\NNON (Continued): 9

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Q Do you know of any ease in the history of

Japan where the Na vy Mini ster discharged the Naval

Chief of General Staff by going to the Emperor

against the wishe s of the Chief of Na val General

Staff?

A I t is my understP.nd ing that there has been

no such case.

Q Well, wa s jt your duty to report r egularly

to the Diet?

A My duties and also a long prevailing

20 practice of custom .

21 Q Regarding the question of Japanese naval

22 confidence in regard t o the war , I will ask you if

23 you hea rd the accused KAYA testify before this Tri-

2-1 I bunal that Ad!71iral NAGANO , at a lia:1.son conference

, __ I I

I as late as November l, 1941, said that the Navy vms

not confident of over a two year war? ---·

i:o·r ·::

Tho n ttn r.he.cl rs .~o s ore c0:1•rc c tcd ~'nges

ro nc 3houltl b o substituted for t!1e .

cor?aspondin~ rn"~a in the record.

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SEU' fl.DA RLDi rtECT 34 ,812

----------·-- -t hat the accused rljd not oersonally have that power

but acted threugh the E~peror . I may have been

guilty in the frami ng of my question.

ACTI NG Pttl:.Slf1ENT: Your question wa s all

ri ~ht . The only point I am rai sinr is this : that

he didn't have to go i nt• thnt long dissertation to

tell us that .

BY 1•R . BR~NNON (Continued)~

Q Do you know of any ease in the history of

Japan where the Navy Minister discharged the Naval

Chief of General Staff by goi ng to the Emperor

against the wishes of the Chief of Naval General

Staff?

A I t is my understP.nd ing that there has been

no such case .

Q Well, was 1t your duty to report regularly

to the Diet?

A My duti es and also a long prevailing

practice of custom .

Q Regarding the question of Japanese naval

confidence in regard to the war , I will ask you if

you heard the accused KAYA t e stify before this Tri­

bunal that Admiral NAGANO, at a liatson conference

as late as November 1, 1941 , said that the Navy wns

not confident of over a two year war? , _ __;;..

., ..

Tho attn ch0cl po,:cs are c c:"rcctc d }'oges

cor :"ospondin~· r-n"'~a in the rocord.

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,- - ------ -·--I- nd_g_h_t fin i s h my pr e~cnta-t-ion -~ig_h_t -now- 1--f--·

t he prosecution will per Mi t , becaus e the next two

documents nee6 not be r~ad but only of~ered i n evi ­

dence: P.nd in fairnes s t o t he pr osecut ion . who rray

wi~~ t~ que s t i on t he ac cused concer ni ng t he se docu­

ments, I would like t o ffer t hem in e vidence a t this

t i me .

V'e off€r in evidence de f ense document 622- B-1,

wh~ ch is an excerpt from the in terrogat ion of Admiral

SHIMADA by t he prosecu tion da t ed 14 Verch 19~ 6 at

Sugamo Prison. It is off er ed for t he purpose of

dispr oving the i nf er ence cas t by a pr evious excerpt

from the interrogation of Admiral SHIMADA , introduced

by t he pros ecution and appea ring on paee 10 ,194 of

the r ecord, that he knew about n~va l operational plans, .

i nc l uding the Pearl Harbor attack plan before becoming

Navy Minister. ·

ACTING PRLSI DENT: It may be aJmitted in evi ·

dence .

CLERK 01" THE COURT : De f ense document 622-B- 1

wi l l r eceive exhibi t No. 3573.

(Whereupon, the docu~ent above

r ef erred to was marked de f ense exhibit

3573 and r ecei ved i n evidence . )

UR . B!lANNON : ··e of f er i n evidence de f ense

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SHIMADA REDIRBCT 34, 804

please , if this inquiry is going to be devoted to

the subjec t announced , nAMely, oi l, there is no

objection what.ever. But t he prosec1.i tion does obj ect

4 t o this witnP.ss ' using that question as a means of

5 presenting his view3 on other matters.

6 YR . BRANNON: We quite agree with the prose-

1 cu ti on, and I wilJ. ask you, ft dm:i ral, to confine your

s answer t o the question of oil, omitting other matters

a s much a.s possible.

10 I 11 l J 2 I

A (Continuing) I sn ' t the point in the question

t hat I am not consid€ring the question of oil very

seriously?

13 Q Yes, the quest i on was that, is not one

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of the r ea sons urged for making war on the United

States; is not one of the reasons the economic strangu- r

la ti on ·.vi th r ega rd to oil, and you said, "That was not

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a fact. " I want to ask you i f that is your answer

and if you w~nt to accept that now as your answer.

CAPTAI N ROSI NSON : The prosecution objects

to the extent that that question may be calling upon

the witness to either repea t or revise his. answer of

yesterday.

ACTJNG PRESIDENT: Ask him what he Meant by

that answer.

BY ffR . DRANNON (Cont inued):

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34 , 905

---------- - -·-- -MARSHAL OF TP.E COURT : The International

~:111 tary Tribunal for t he Far lW! st 1 s now r esumed .

.ACTING PRESIDENT: ~r . Brooks . .,

l-'rt. BROO • .' S : If the Tribunal rlease , in this

exhibit, 3579 , I wish to submit the answers at the

top half of pages 12, 19, 20 and 38 to the Tribunal

for consideration as a possible answer to their ir,quiry

made through the Pre sident in relation to exhibit

523 . Exhibit 523 appeared at record page 6174 and

was a tel egram sent to Berlin by Ott . Paragraph 2?

of exhibit 3375, court record page -32 , 235 , rorso 1 s

affidavit, discusses th1s exhibit 523.

The President of the Tribunal asked· KOISO

on the witness stand why Ott would make statements

about KOI SO a s he did in this exhj t it 523 , which

KOI SO denied as having been ~ade by himself; and I

submit tha t by adopting these answers on the pages

hereinto referred the Tribunal may consider this as

a possible answer to their inouiry thereon and as

bear ing out KOI SO ' s r eply that it must have been an

attempt to i mpr ess the higher off i cials.

I wish t he Tri bunal to consider th ~ s as

evidence on the pages r efer red t o i n beh~ lf of KOI SO

as well as on behalf of SHI~JI TORI--th e se answers.

~!.R . CAUDLF..: 1.!r . Pres i dent .

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SHIMADA REDI RECT 34 ,804

please, if this i nqui r y is going to be devoted to

the subj ect announced , naMely, oi l, there i s no

objection wha t.ever. But t he prosec1Jt i on does object

to this witnP. ss ' using that quest i on as a means of

presenting his views on other matters.

VR . BRANNON: We quit e agr ee with the prose­

cution, and I will ask you, ~.dmi ral, to confine your

answer to the question of oil, omitting other matters

as much as possible.

A (Continuing) I sn' t the point i n the question

that I am not consi dering the ~uestion of oil very

seriously?

Q Yes, the question was that, is not one

of the r easons urged for making war on the United

State s; is not one of the r easons the economic strangu­

lation ·.vith r ega r d to oil, and you said, "That was not

a f ac t." I want to ask you if that is your answer

and if you w~nt to accept that now as your answer.

CAPTAI N ROSJNSON : The prosecution objects

to the extent that that question may be calling upon

the witness to e i ther repea t or revise his.answer of

yes ter day .

ACT::NG PRES I DENT: Ask him wha t he meant by

tha t answer.

BY r~R . !3RANNON (Cont inued) :

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34 ,905

MARSHAL OF THE COl:RT : The In ternational

r ilitary Tribunal for the F.a.r ~st is now resumed .

.ACrING PRESIDENT: ~r. Brooks . ..

J.'R . EROOI:S: If t he Tribunal rlea se , i n this

exhi bit, 3579, I wish to submit the answers at the

top half of pages 12, 19 , 20 and 38 to the Tribunal

for consideration as a possibl e answer to their inquiry

made through the President in relation to exhibit

523 . Exhibit 523 appeared at record page 6174 and

was a t el eg ram sent to Berlin by Ott . Paragraph 2 ?

of exhibit 3375 , court record page · 32 ,235 , roI S0 1 s

a f fidavit, discusses thjs exhibit 523 .

The President of the Tribunal asked· KOISO

on the witness stand why Ott would make statements

about KOI SO as he did in this exhjbit 523 , which

KOI SO den i ed as having been ~ade by himself; and I

submit that by adopting these answers on the pages

hereinto referred the Tribunal may consider this as

a possibl e answer to their inouiry thereon and as

bearing out KOI SO ' s r eply t ha t it must have been an

attempt to i mpres s the higher officials.

I wi sh the Tri bunal to consider th -l s as

evidence on the pages rc fer~ed to i n behAlf of KOI SO

as well as on behalf of SHI Rfl TORI-- these answers .

MR. CAUDLE. : l!r . Pr es i dent .

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SUZUK I DihECT 35 , 204

the continuation of the negotiat ion v1 ithAmerica , ~ - 1

preparations having been considered only as a safeguard

against a really remote danger .

11 ( 14) After the September 6 Conference I v•as

requested directly b' · the Navy Vice- t.:inister fo r an

additional ~llocation of 300 , oco tons of steel.

about the same time the Director of the tqui pment Bur eau

8 of the 'dar l1ii ni str y el so asked me for mor e steel. I

9 r efused ~hese r equest s . Both mi nistries, espec i ally

10 the Navy , r epeated their demands , setting f orth , how-

11 ever , d i ffe r ent figures each time for their r equir ements .

12 The questi on was left pending until the war was actually

13 decided upon . 11

14 ACTING ritESIDE.1,T : This would be a good ploce

ts to stop . Let us Pdjour n until 1 : 30 .

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(V-.hereupon , at 1200 , a r ecess

was taken . )

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SEIRATORI REDIRECT 35 ' 138

1 that ··ras given in the interrogation wos sort of

2 confusing .

(To the Court : ) Your Honor , if you will permit

4 me , I can mor e o:r less quote what vras intended . '!le

5 seem to have some difficulty in findinr it and I don ' t

6 have a copy of t~~t document .

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('J'o the ·1a tness:) This is part of an answer

submitted b~r you in answer to snottier question which

does not seem to have any bearinu on ttis , but I will

quote this part of the answer, and J quote :

"There began my connection with the Army

~eople and people , for instance t he papers , and all

of those thinrs, you know , savinp tha t the For eign

Office , saying tbat thev acquiesced in ttie policy

enacted by tre For eipn Office , while it is not the

case."

Could you have meant trat the public and

t he pr ess were insinuatin~ that the Foreign Office

acquiesced in the policy of the Ar~y , which was not

tbe case?

iffi . 81\NDUSKY : Hr . President , I sugrest ~rat

23 this is a ver~.r obvious attemrt to suggest to the \•1itness

24 the answer he srould give , but , more important--

25 THE INT~PRt;;'l'ER: Just a mo~ent , please .

The witness !='aid , 11ves , I think so ."

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38 , 411

1distj nction .

GENERA~ VASILIIV : I request that the r uling 2 lof the Court as t o our document be intimPted .

'I THE. PRESIDENT : I am pointing out tha t differ-,, ence . You may make submissions if you wish .

5 G1_1~:.RAL VASILII'V : Defense document 2686-A

6 quotes summary dat a f or a number of year s . Reference

7

8 i s made t o page 23 ,480. I submit that we a r e entitled

9 to present summary date as well .

10 THE PRI SI DENT: That r aises another question .

11 We haven ' t that document .

12 GENERAL VASILil'V: This is a document on pre-

13 cisely the same subj ect .

14 THE PRES IDENT : Are you speaking of defense

t 5 document 1511. , exhibit 2647-A? 16 GENERAL VASILIEV: Yes , but there a r e three 17 defense documents, 2685, 2686 and 2687 . ThP.refore we 18

a!k that our document be admitted . 19

THE PRESIDENT z I think I will have t o look 20

into it fur ther . Most of my time during the r ecess was 21

spent attenr~~g t o a deputation about taki ng the Mongoi.iar 22

witness 1 evidence , and 23

I perhaps wa s not able to make

24 sufficient r esearch in t he few minutes I had . I would

25 like t o defer this until I have had a chance to look at

I !all those d ocumenys_;~I have not had that opportunity .

NOTE:

The attachec .. •:>a ~cn ~ ~. ' t d 1..1 "' correc o ~

po : cs a nd s hot'.ld ho substltuted for '8ho

o orreapond~n~ po~~ s :ln thn d ~ ~ · · ·"' c r ec or •

,

M 0 !' s e

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.---------- ----AFTtRNOON SESSION

The Tribunal met , ~ursuant to r ecess, at 1330.

MARSHAL OF THE COURT : The International

4 Military Tribunal for the Fer East is ~ow resum~d.

5 THE PR[SIDENT : Ma jor Blakeney.

6 MR. BLAKE NEY z By leave of the Tribunal, I

7 should like t~ make the remarks which I m~ntion~d this 8 morning rela tive to the ~uestion of r ecess . The prose-

9 cuti~n having been notified are here and I understand 10 willing that we should proce~d. I l

I should like to he permi tte·d, on behalf of! 12

many American counsel sharing P c ommon interest, to 13

add a word t o what J>r. UZAVIA has said . 14

15 Much evidenc~ , ~f a heterogeneous nature, has

beon introduced within the pest fortnight , and of 16

course evidence is still being introduced today. The 1.7

Tr.f hunal has Alr<:!ady undortaken to gr ant to such de-18

fendants es may be affected the right in proper circwn-19

20 stances to re~pen their e~ses to meet this. Moreover,

21 as the Tribunal is aware, thi s evidence has not been

22 introduced . even nominally as in rebuttal of the defense

23 case , but on the bpsis of a wholly different test, the

24 application of which has in f act resulted in admission 25 of much new Matter . All this the Tribunal well

realizes0-2 i s evidenced b;_r the Pres ident's statement __ _

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VON P1T1d={SDORF CROSS 38,454

witness because that leads up t o the next question ,

May the witness answer?

THE ?RESIDENT: Yes, he may.

Q Was that your main mission?

A I would like to pave the question repeated.

(Whereupon , the last question was

read by the official court reporter.)

THE PRES IDENT: Why do you want to ascert ain

what his main mission was? He has told us what the

important missions were. He told us in his affidavit

he received such information. But whether it was his /

main duty or not is beside the point, is it not? It

certainly is a different question but does not lead

us anywhere . We are all beco~ing anryrehensive at the

weste of t~.me lnvolved in a detailed cross- examina tion

that does not help a t all ,

MR . CUNNINGHAMt Well , your Honor, on a

cross- examination you just don 1 t ask a mans "Did you

kill the man?" You have t o kind of lead up to it with

a few deta i ls.

THE PRESIDENT: Does that consist us in drawing

a sha r p distinction between main missions and

lmportant missions?

MR . CUNNINGHAM: I think it has a bearing .

THE PRESIDENT : We do not .

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osnn•A CROSS

11 1. ' The Preamble Draft ' is th?t thj s tre~ ty w h 1 a is an extension of the existing Anti - Corr.intern P~ct , ~nd 1 2 e is a plan wh5ch mAkes cle ?.r the in tent th~ t the Soviet n 3

Union is the chief target . Cnre was t aken so as not 4 &

J.i 0 r s e •

•

to give the impression froro the wording that Englnnd and 5

6 the United States are the greates t enemi e s .

7 "?, . The Text Pl an , Obligation of ~~ i litArY

8 Aid in Article 3, is not i nstantaneous or unconditionnl .

9 In order to nul l ify the daneer of becominb •nvolved in

10 C\ purely European pr oblem ag:>inst our will, a c onference

11 b~ f0re we enter with military a id is the principle .

12 11 3. I n order to allow the purport of this

13 ~reaty to take on a defensive ch~r11cter , 'menace ?nd

14 ~ t tack ' will be limited to 1 provocation. '

15 " 4. Furtherl"lore, the t ext of the plan is at

16 present under ze~lous consideration."

17 Q GenerAl OSHI~A, in co~pliance with your i n-

18 structions you comrmnicf\ted the Jap?nese revisions a t 19 once to Ribbentrop , didn ' t you? 20

,\ Yes . 21

Now, you have told us About your trip to Eng -22

land ~nd Belgium, what ~?s the date of your trip? 23

2'1 A I do not r ecall the exact date but it \•ms

25 shortly after tecoming ~rnbassndor . I think it w~s

The attoche& ~o ceo nrc corrected

po ·eo nnd s ~' O'.'.l d bo s u0s ti tutnd for t ho

c'):.·:-ia aronC.:.n.; :-o:~ s in tho r : cord .

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OSIIH'f\ CROSS

11 1 . ' The Preamble Draft' is th?t thjs trea ty \\' h 1 a s an extension of the exi s ting Anti - Comintern PPct, ~nq 1 2 e is a plan wh5ch m~kes cleA r the in tent th~ t the Sovie t n 3

Inion is the chie f t a rge t . Ca r e was taken so as not 4 &

J.i 0 r s e

to give the impression from the wording that Englnnd and 5

6 the United State s are the greatest enemi e s .

7 11 ?, . The Text , PlFm, Obligr-i ti on of ~iili tary

• 8 id in Article 3, is not i ns tantaneous or unconditionnl .

9 n order to nul l ify the daneer of becomino •nvolved in

1o pur ely European problem agP 1 nst our wi 11, a conference

11 ~ !0re we enter with military aid is the principle .

.. I

12 "3· In order to allow the purport of this

13 r eaty to take on a defensive chArflcter, 'menace ?nd

14 ttack ' will be limited to 'provocation. '

15 "4 . FurtherT"lore , the t ext of the plan is at

16 resent under ze~lous consider a tion . "

17 0 "

General OSHI WA , in coMpliance with your in-18 tructions you comnunicRted the J RpPnese r evisions at

• 19 to Ribbentrop , didn ' t you?

20 A Yes .

21 Now, you have told us nbout your trip to Eng -

22

23 and Rnd Bel gium , what ~PS the date of your trip?

24 A I do not r eca ll the exact date but it wa s

25 hortly a fter becoming Rmbass~dor . I think it was

·----------------------------·-·

The attoche& , oc en n ~c corrected

J'D ·e ~ rlnd s~i oi.'.ld bo sul:lstl'.:ut~d for tho

' • i· 11 tl'"3 r :· cord. C'):.':'OG!'Onc:. . . n.; :o-: : s

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OSHIMA CR08S

I I such remarks .

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Q Was not the official request for the

J apanese entry into the Russian war made on 9 July

1942?

A According to my reoollection I feel that

the official request to Japan was made in 1943 and,

as I have been repeatedly telling you, this is only . my own recollection. Previous to that time many of

thei~ requests were repeat edly rejected . This date

to which you refer of July 9, 1942, I believe that

if a request was made at tho:c time it wa3 denied

but that reques t wa n not official -- Sep t emb er instead

of Jnly.

Q Regardl es s of whether the reque3t was

official or unofficial, did you at this conference on

17 I 9 ~·. ·: 1942 with Ribbentrop state that you were

I wel .1. !)leased with devel opments in Russia and North 18

• Afric~ and that you yourself wer e convinced of the 191

imperativeness of a Japanese attack on Russi a? 20

I 21 I 22 :

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.

A I have no such r ecollection.

Q Did you not indicnte to Ribbentrop that you

were very enthusiastic over the ldea &nd that you

would inunediately r eport the r equest to Tokyo?

A Does not your question r eally mean this, that

I r e fused the r equest on the 9th of July? -----

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... . .. OSHIMA CROPS 34;279

I

Q No , I moan just the opposite, that you 1 agreed to submit the r eques t t o Tokyo. 2 '

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A I s c.e . If on the 9th of July ther e was a

r equest from the Ger man side I must have faithfully

transmitted it to the Japanese Government .

Q And did you also indicate that you wer e

enthusiastic over t ho i dea of Jap anese par ticipation

in the Rus so -Ger man War?

A I do not think I conveyed anything except

the expressions of diplomatic courtesyn

Q Do you mean to t ell t h i s Tribunal that

12 your approval of the entry of Japan into the Russo -

13 t Ger man War was nothing more than a dlpl omatic gest~e I I

14 of ·~;·mrtesy?

l5 I A No , that i s not so~ The duty of an

16 am·n . .:. ;.:rncnr i s ·to faii.:hfully co~1vey what e.r3r m:e

17 fW\' -:: :ur.e·:!': wants t o say to any.;her; and what I sai d 18 ; wa s .:hat even though I knew in my own heart that it 19 was :i.mpossible for J apan t o carry on a war on two 20 fro11 .. s , it was my duty t o convey any German request 21

in t his r egard t o the Japanese and thus at least to 22

pr eserve t he formal djplomatic pr ocedure. 23

Q I don' t intend t o criticise you for conveying 24

the request. I am asking you if you didn't advise 25

Ribbentrop t hat you were enthusiastic over the

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34,324 OSHIMA CROSS

--1 Q General OSHIMA , this morning you advised us

1 1 that you a r rived in Berlin on 19 February 1941. Do "\ ... you recall whether there was a r eception accorded you

·' at the train upon your arrival? ·i

5 I A No , there was no reception on the train.

Q Who met you at the t r a1n? 6

A The State Secre t ary for Foreign Affairs . 7

Q Who was he? 8

•) A V'eiszaecker .

LO Q Now, General OSHIMA, I am going to show you a

11 l etter prepared by General Weiszaecker benring date of

12 February 17, 1941, and I will ask you if that does not

13 r efresh your r ecollection on the date as to the date of

14 I your arrival.

A It does r efresh my r ecollection. 15 I

16

171 Of

18 I

Q Then , now will you t ell the Tribunal the date

your arrival?

A It was the 17th of February. I was mistaken .

i9 I Q And the telegram that you s t ated that had 20 I arrived before your arrjva1 actua11y arrived after your 21 I arr ival, didn 't it? 2l

23 I A That I do not know because I wouldn't look at

a telegram immedjately upon arrivjng in Berlin. In any 2'1

ca se when I told you it wn s the 19th of February that

was a mistake in my memory , on MY part .

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OSHIMA

so either.

We are getting into a moot question again ,

your Honor, because I am not s t ...L ~ I am going to ask

him back. I merely want to preserve my record .

ACTING PRESIDENT S Well , I am not IP ing to

6 make a ruling on that without the vote of the

7 Tribunal . Personally, I do not agree with you, We

8 will deal with the matter when it arises .

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' PHDAADA CROPf 34,709

-----· - --- ·- - ·- -CA?TAJN ROBINPCN s Wi ll the witne~s go ahead?

A I have already repl i nd t o the fir st que stion, 2 but I di d not quit e catch t he l as t question . ,

O The l a s t question vms s As r epr e ~enting the

Navy were you not the Ui nist er of e t ot e and not the 5

Naval Chief of Staff AdMiral NAGANO ? Und er t he Con-6

7 stitution of Ja pan wa s j t not your duty and obl igation,

8 DS Mini~t er of s tate, t o give advi ce t o the Emper nr?

9 A What kind of advice?

10 ~ Advice i n r egurrl t o t he navy, pr esumably .

11 A Even i f matter s r ela t ed t o t he navy, if tt was

12 a question of operatj on~ , t hat wns t he r esponsibi l ity of

13 t he Naval High Command nnd not mi ne . You would und er-

14 stand t hat pos jtion cln~rly if you would ~ ee the Con -

l5 s titution.

16 Q 1 have seen t he Constitution. What part of it

17 ar e you r e f erring t o , Article 55? 18

A Article 11.

19 Q Yes . Now, a s Navy Minist er, wa s it not your

20 r esponsit i lity t o see that t he attac~ did not take place 21 t ef or e t he command of the Er.1 pvr or was compliod with, or 22 ar e you t el l i n, us t hat all of that res~onsibility can 23

24 be placed on t he Chi E; f of t h0 Naval Gener al Staff, who

25 wa s not a Minirt cr of St at e?

MR . BRANNON s J oh j oct t o the pr ocedur e adopt ed ; ·------------- ---·--------------------J

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NOI'E :

paz··s a!1C: nhould 'bo s uhs ti tutcc.i for tho

c orres~ondia~ :n~~s in the racor d .

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:JP.IM/lDA CROSS

N<1vy Min:tstc r en( ":~.·: Ch:tc.L of tho Ncvul Gc,ne:..'a l

st~ff have c..1s-.·orocl ny question cbout the previous

r.1u tter Yti t r: c onside:rc.blo confidence , so instruct

TOJ O to ~)i"oc00d c s 9lc'1nocl. 11

No1.1 , J.d.mircl , tho quote tions I havo road

fr01;1 r:roo ' s dil'oc t tcs timo11y , ln tlY t t~~o proccC:urc

the t vms 0doptocl and not tho procedure uhi ch Captain

Robinson l'ccd to you'?

/\ The proc edure wns ~=·:- ct ly c.s s tntod in

Mrrquis KIDO ' s- -~·ffic'i.o.vit , is it , 01· diary '? 11

MF. J.or1.u : Yeo , af:'id~ vit--both, and clia:ry .

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Nor: , ~r thr Ti•lbun~l please , m~y I cs 1-: for

your pc:i.•-:ri.~sio1 to :- r .. 1• one or ty:o questi ons on n

mcttG~· nh5_ch I t hou...;ht :.dmi r a l SHH~'.DJ. hPd onsncrod

on my crosa - o.:rnn5.noq. but ' r:hj.ch, upo;i cxf'riilnr' tion

of the; r oc oPd , I fi110. th" t I rmn m5-st~~]l'.Cl1 in th:i.r.kinc;

thnt ho hcd :--nsr10 rod the que stions . '11hcrc rlilJ bo

onr or tno questions .

ACTH~G pr·-srD::'NT : You mny ask.

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CROSS 34 ,691

posit i on vis- a - vis he r negoti ations V11th th:- _U_n_i_t_e_d_ -,

States unle ss there was some povserful c'.'.>ntrol over

the Gene r al Staff Off ice of the army .

TEE INTERPRFTER: Sligrt c orrection:

The purport of my meaning as set f orth ther e

in my affidavit is that in this connection, in order

t o bring about a settlement of the negot i ations bct v1een

J apRn and the United St '1 t es , it v:ould be necessary fir st

of all t o ef f ect a power ful c::mtr ol ove r t he General

Staff Office of the a rmy . Vnless that wer e done , it

would be d ifficult .

Q In ot he r words , Admirol , do y~u mean t hC? t when

TOJO t ook of~ice a s Pr emier, his position became

ent irely differ ent from hi s pr evious positi ~n when he

wa s merely War ~inister ?

'"' The TOJO who was V!a r Ministe r in the KOf'.!OYE

Cabinet was entir ely on a differ ent position when he

became TOJO, the Prime Mini s t er . ...s Prime Minister,

he must listen t o and coordinat e the opi nions of all

the cabine t mini sters . Furthermor e , as Prime ~~ inister,

he would have mor e frequ E?nt opportunities f or audiences

with His Ma j esty, the Emper or, and the Emper or' s

r epeat ed wishe s f or pe'lce . -- ardent wishes f or peace

would, by their r epetition, impr ess it self up0n the

mind of the Pr ime Minister.

~a es nnd s ~ould be su~zti~uted for t ho

cor :-csrond'.n ; ro-; ., s in tho r .:· cord.

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CROSS 34,778

--- -------wes any instance of survivors of merchant vessels

being machine gunned on t he Indian Ocean, although

I cannot belie ve it, I am expressing my heart-fel t

r egret in the suppos ition tha t such an event .migh t

have occurred. • I am not t alking about your heart-felt

regrets, Admiral. I am asking about your statement

tha t you assumed resp onsibility.

Now, I am asking what occas ions you

10 1 assumed responsibility f or . You will specifically

u I state those wh ich you f eel were your resp onsib111.ty .

12 If I may specify, do you assume responsibility -~

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;.CTI NG PFESIDE NT: ;.r cn' t we going into

t oo much detail, Capta~n?

c;.PT •• IN ROBINSON: I think this f inal

point --

ACTING PRESIDENT: It seems t o us that your

pres·cnt line of que stions is mor e 0r less 2rgument­

ative.

Ci.PT,'.IN ROBIPSON : If the Cnurt pl ease , I'd

like t o be he ard for just o moment.

Evidence bef or e the c~urt ~n the Dutch

ship Tjisalak, the British ship Behar, and the

American liberty ship Nicollet

,.CTING P?.ESI DENT: We know all thet. It

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OSHIMA DIRECT 33,990

"7• CHINA INCIDENT.

"The outbreak of the China Incidf)nt in

July 1937 v1as a complete surprise t o me . I had been

in Berlin as Military Attache since the Spring of

1934 and was completely -:>ut of t ouch with the China

problem. I learned by telegrams f~o m the General

Staff after the outbreak of the incident of the • 7

non-oggravat i ')n ~nd n0n-cxtension policy of the

J apanese Government and the central army authorities ,

and believed that it would s0on be settled l ocally.

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"It became gradually clear th~ t it would not

be settled quickly, find I was much c oncerned tha t

the posit i on of J apan would be r·ndanger ed in the

f ace of the Soviet e.r mament in the Far East . At

15 the end of December 1937 I r~ceived an instruction

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from the Gener al Stnff t o r equest the Ge~man army

tha t peace be offe~ed to Chiang-Kai-Shek through

General Falkenhausen who was in Chinn as the military

19 advisor t o the Chinese Govcrnmcn t. I appr oached

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the German army a t once . General Keitel, Chief of

OKW , agreed, and he initia t ed some action t o tha t

end. This attemp t at peace did not mntcriDli ze and

had t o be abandoned when the efforts of mediation

by Ambassador Trautmnnn wer e termi nated .

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DJRECT 33 , 99} . . .; OSHIMA

11 8. Hn.:rLER 1 S MEMORANDUM.

"l) The pr osccuti 0n exhibit 489, Himmler 's

mem')r andum, transcript pages 6,026-6,028, says that

Himmler vi si t ed me on 31 J anuary 1939 and talked

\°Ii th me c".:>ncerning counte r - intelligence ac tivities

aga inst s~vi et Russia . But HimmJe r never visited me

nt thnt time . I cann0t r emember see ing him then,

however ha rd t try t o r ef r esh my rnemor y.

"During my t on yen r s 1 st:-y in Germnny, I

had no special rc.llt ti ·ms with Himml e r e i t~er privat ely

'lr officially. Only t wice I r eceived visits fr om

12 him; namely, in the winter of 1936, when an official

13 of the Japanese Home Office cnme to Germany in order

11 t o s tudy measures f -::>r controlling communism, and I

15 invited Himmler t o a dinner party to solicit his

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IS

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a ssistance. This Via s done ')n behalf -:>f this J~pan€ se

official . The 0the r ?ccnsi 'ln wo.s in ?'t:i r~h 1941, when

I went t o Ger many as Ambassador for the seci:>nd time ,

and Himmler visited me t o r e t ur n my courtesy call .

"Concerning the ma tters enumer nt ed in this

memorandum 'J f Himml er I should like t o explain a s

follows :

11 2) . In or about June 1937 ·:Jhile I was the

Military Attache my ;)ffi ce in Ber l in began, in acc"rd·

ance with instructions ~r the Chie f 'J f the Gener al

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TOJ O er.ass 36, 608

da te for one of tl' e tv:o pos t s before - - informally

to the Thr one befor e the Prcmior - deslgnnte de cldes

on the personnel of his cabinet , because that nould

gi ve rise t o a political issue . The proper ~11oc edure

is 1hat ofter t he Premior- desi.::;nate has deter".!ined

upon t h~ Na vy Uini s ter antl the War I.1inis ter of his

h :tbinet, then tho preceding Navy ?Sinister Rnd the 1:Va r

Mi nister maka tho 5.nformnl recomtr,ondat ion t o the

'rhrone . That is t he prope r p:i."ocodure .

THE ':",.~ITOP : .Japanese: cou rt reporter .

(\".1. ·cupon , the Jnpanese c ourt reporter

12 I read. )

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• (Contlnuin~) So I presume it is to tha t fact

KIDO is refe1''·'lr1'} when he s oys i n his diary to the

effect t het t he Pction when he mentions in hid diary

that tho action wos r athol" ove:-..1 ho.sty.

rf'nere a eons t o be sone doubt i,n yot1r mind Vlifu

rega:rd to •1a)dng 5.11.f or maJ. r e c orc·1cndfl tions to the Thr one

of the s ucceodin3 --.rn r f.!inis ter , b ut the p1·ocedure I

have rr:ontioned is custo~ary procedure . There is n~thing

sec:t•ct q'uout it . It is tho customEU'Y ~)roceduro . I

will rep3c t it n :ei~ .- -

Q. No.

A (C ontinuing) so os t o c :reate no doubt . The

fnct of 11 ml5.so 11, thnt is , making nn informal su, .. , .. estion

NOTE :

The att a ched po~0a n~c correc ted\)

pa ·:es nnd s ho,.i.ld be subst5.tutcd for. 'ehe

cor~osrond~n5 pnsos in tho r e cord .

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36 , 975

relevancy or materiality of any of these matters of

which you desir e the Tribunal to take judic1al notice ,

the prosecution could admi t that they ~re facts , i f

they be facts . You need not worry about judicial notice

under those circuMstances .

MR. BROV'N : Your Honor , let me say fi r s t of

all thst the prosecution does not object to the

tre~~1e~ ~Pfsrred to previously by 1~r . Logan being

ta~en j 111~cial notice of , although we do disput e their

rel0vanc7 tc :his case .

·~:tf:: PRESIDENT : What about the Japanese

conspi:cai:::y law? 12

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36 , 977

relevant and material, as it was i n the Nuernberg case ;

by that I mean , as the general conspiracy as it existed

in Germany was i n that cAse . And it is my recollection

that the Tribunal were greatly impressed with the f act

that there w~s no law of conspiracy in Germany , such as

is recognized in Angl o·-American law , in view of t he fact

that none c~ the accused were aware in their own countr y

th~t such a ~aw existed outside aud that they acted

accordinglyo

THB PRESIDENT : They are as sumed to know inter

nE. tional la\·1 as part of their own system.

MR , LOGAN : The defense contention is , of

course~ that there was no such crime of conspiracy under

int. e::-n._>,tiC"na~- law, but Vie don 't have to go i nto that at

th is particular time . But this is a questi on of whether

or not there was such a crime of conspi racy under Japa ­

nese law which I presume they would i:resume to have

known at the time of the se acts which they Are alleged

to have co1'11'litted .

For that reason, we are asking the Tribunal to

take judic ial notice of that law. I might

THE PRESIDENT : We \'Jill consider that matter,

Mr . Logan .

MR . LOGAN: I might also say that we h~ve

approached this problem of proving this law by asking th~

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36,977

relevant and material , as it was in the Nuernberg case;

by that I mean, as the genera l conspiracy as it existed

in Germany was in that cAse . And it is my recollecti on

that the Tribunal were greatly impressed with the fact

that there w~s no law of conspiracy in Germany, such as

is recognized in Anglo·-American law, in view of the fact

that none: c~ the accused were aware in their own country

th~ t such ~ ~aw existed outside aud that they acted

accordinglyo

THE PRESIDENT : They are as sumed to know inter­

nE.tional lalv as part of their own system.

MR. LOGAN: The defense contention is, of •

course , that there was no such crime of conspiracy under

intern.it:.C'na~. law, but we don ' t have to go i nto that at

this pa~ticular time . But this is a question of whether

or not there was such a crime of conspiracy under Japa­

nese law which I presume they would i:resume to have

known at the time of these acts which they Are alleged

to have coUlJ"llitted .

For that reason, we are asking the Tribunal to

take judicial notice of that law. I might --

THE PRESIDENT : We will consider that matter ,

Mr . Logan .

MR . LOGAN: I mifht also say that we h3ve

approached this problem of proving this law by asking t~E_

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36,981

1 ~imagined that when the document was admitted that the

wit,ness would take tile witness stand . 2

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THE PRESI DENT : They never tender the affi­

davit of the witness to be called until he is in the box

You should decide later whether you want to

cross- exami ne him, after you have heard the answers to

7 the questions . Then, we may direct him to be called for

8 cross - examination.

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MR . BROV'N: If your Honor pleases .

MR . McMANUS : (Reading cont inued)

"Q Did you attend the Prefec tural Governor s '

12 Conference in 1933?

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"A Yes , I did .

"Q How Many prefectural Governors' Confer­

ences were t here in 193) , and where were they held and

when?

"A There was only one in 1933, as was the

usual practice , and i t was held in April in Tokyo .

"Q What was the ordinary procedure of t he

Conference when you were the prefectural povernor?

"A The Conference was al ways held at the

official residence of the Prime Minister . The conference

21 was usually initi ated by an address of the Pr i me Mini-

25 ster to be followed by the addresses of the State Mini­

sters who had under_ their jurisdicti on matters related

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36 , 987

When IWAMATSU was recalled to the stand on

the 16th of September 1947 , page 28 , 531 of the record,

Mr . Carr commented that the document had not as yet

been produced . The Pres~dent stated "Not to produce

thjs fUrther docu~ent may possibly be to suppress

evid~nce of lRck of credibj lity." The President

further stated on paee 28 , 532 of the record "If his

credibility was questioned by the prosecution, that

document should settle it one way or the other, and it

has not been produced . Now he i s in the box . " ·

I then stated to this Tribunal that the

document would be produced as expediti~usly as

~ossible .

I should like to call to the attention of the

Tribunal that the docu~ent in question, with 16

supplements was submitted to Hr . Brown and Mr . Carr

shortly after the presen tation of ARAKI' s case . And

I am sure at this tjme that 1fr. Brown will tear out

the truth of IWA~ATSU ' s statement concerning this

document .

THE PRESIDENT: Mr . Brown .

MR . BROWN: Your Honor , I should say that

when I heard these last remarks of Vr . McManus, it was

the first i ntimati on I had that tll'is partjcular matter

was going to be raised just now and therefore what T

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SHIMADA CROSS 37 , 034

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counsel to ask questions in redirect bringing up new

subject matter is in effect to permit the prosecution

or others to cross - examine on the scope of new subject

matter , which would be a direct infringement on the

meani ng of the ruling of the Tritunal this morning .

Secondly , to have the accused repeat what

he has stated in his original affi davi t is not new

evidence , but merely reiteration of what he has

prev1~c 3ly stated . To permit such exami nat i on , Mr .

Pre .. ,.,<"> .• .,.. '-. .. ' .... : ... , .. 1 > ' would in effect be to allow the counsel

t o clo s oi:.i7 t :1 ~_ ng throu-:h the good graces of th i s accused

in tak~:·,.- tr1 ..? stand at hjs own request , that he could

not hav~ done before .

14 'l.'1~ 1~ PRESIDENT: As put by a member of the

l5 Tri t«1nal , this amounts to an application to reopen 16 SUZUKI' s case , and to call SHIMADA as a witness in l7

SUZUKI' s favor, and SHH.iADA may have rights to be 18

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considered in that regard . Every answer that he gives

here exposes him to further risk of ~ross -examinat ion ,

which ho is not obliged to take , perha ps .

I think the Court is against you , Mr . Levin .

Captain Robinson .

CROSS-EXA~HNATION

25 BY CAPTAIN ROBINSON :

Q Directin~ your atten t i on , Mr . Wi tness , to

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37 ,101

THE PRESIDENT: The Pacific is on a list

t . .:,nded to me with Mr . Logan' ~ name alongsice .

MR . BLAKENEY: I helieve, your Honor , that

was the economic part of the Pacific phase which went

in ye~t crday, if I am not mistaken. 5

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THE PRESIDENT : There is onJy the Russian

pha~e left besides this witness you just referred to .

MR . BLAKENEY: Such is my understanding ,

And r egardj ng the Russian phase, I can say that I am

prepared to ~roceed now by taking some witnesses out

of order, because , owing to mechanical diffi cult i es,

we were not able to make ~rrvice until this morning

13 in the cas~ of most of our documents . If, on the

14 other hand, the Tribunal should see fit to adjourn

15 a quarter of an hour ea rly, I believ~ I can promise a 16 much more efficient prrformance on Monday morning • 17

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THE PRESIDFNT : We will adjourn until half-

past nine on Monday morning .

(Whereupon, at 1540 , an adjournment

was taken until ).fonday , 12 J anuary 1948, at

0910 . )

• narE :

The attached pa~os ar~ correctod

paces and shonld be substitutod for the

correspondi n: pn~0s in the record.

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37,101

THE PRESIDENT: The Pacific is on a list

~anded to me with Mr. Logan' ~ name alongsi~e .

MR . BLAKENEY: I helieve, your Honor, that

was the economic part of t he Pacific phase which went

in ye~t crday, if I am not mistaken.

THE PRESIDENT : There is onJy the Russian

pha~e left besides this witness you jus t referred to.

MR . BLAKENEY: Such is my understanding .

And regardjng the Russian p~asP , I can say that I am

prepar ed to ~roceed now by taking some witnesses out

of order, because , owing to mechanical diffi culti es ,

we were not able to make ~rrvice until this morning

in the casP of most of our documents . If , on the

other hand , the Tribunal should see fit to adjourn .i

a quarter of an hour early , I believ~ I can promise a

much more efficient performance on Monday morning .

THE PRESIDFNT : We will adjourn until ha l f -

past nine on Monday morni ng .

(Whereupon, at 1540 , an adjour nment

was taken until .fonday , 12 January 1948 , at

0910 . )

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uarE : The attoched ra3os are corrected

poces nnd shoiild be subs ti tutud f'or the

correspondin~ pn~rs in the record.

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37 ,174

Tr ibunal will t akn judicial not ic<' of it a ~ I ~ub -l

mi tt i:id thP ot hPr day . I f not; Wr? vltl l havP. t o r P~t 2

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with t hat r pqprvat ion.

TW'; PR3~IDENT s If t he Tr ibunal dPCidP~ not

t o act on th~ agr P.PmP.nt , I havp no doubt t h0y will 5

6 giVP you l ib 0 rty t o pr ocf'ed t o pr ovP t hP l aw of Japan

7 i n t hn usual way , but I do not antic i pat P. any dis -

8 a gr r.>eMent. By "in th~ u5ual way" I rn~an in thP mannPr

9 t hat a questi on of f act would bP pr ovnd i n any

10 nat ional court.

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t~ . LOGAN: 111" will acc0pt t hat, your Honor.

TH'S PRE~ IDENT : Capt ain Brook~ .

MR . BROOK~ ; I f t he Tr ibunal plPa~P. , I was 14 at t hi -. t . d I di t t h t h d t , mop 1ng , an sabr~0 a~ o P. MP o ~ P.

15 out i n t hi t i i ht t t ~ agr 0PMPn , r P.~Prv ng wy r g o connPn 16

on t hP pr ~Mises a~ sPt fort h by t hP. pro~0cution. ~OMP 17

of t hPm I disagr pe wit h . ThPr e may b0 othPr~ thAt 18

hev~ agr PPd wit~ t ho MP.thod s P. t f orth for handl i ng 19

th0~ P MattPrs i n ord nr t o savP. t~MP f or t hi s Tribu_nal, 20

but I want th0 Tribunal t o undPr st and t hat that 1~ my 21

position. 22

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TW. PR'S~ I DE NT s r.~r. Levin

MR. L3VINs Mr. Pr i:>sid0nt, I was not at

25 t hi s M0 Pting t~is _ ~o on ; and , as I undf'r ~tood it , ther P.

was t o bP a discussion i n r olation t o whet her or not

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37 ,196

THE PRESIDENT: The American practic e beforP

militory courts is not substantially different from

the British in this regard . I r efer to Wint hrop' s

Military Law ~nd Precedents , 2nd Edition, Volumes I

end II, page 345.

MR . COMYNS CARR : I understand that the

practice in some other count ries is less strict with

r ega rd to cla ss of evidence admit ted , ~no of course

this Tribunal is not bound by technica l rules .

THE PRESirENT : We .are bound to give a

fair trial and we will not achieve that if we are

gotng to completely disregard these old well- established

r ules based on just ice . I MR . COMYNS CARR : I am not askinr this

Tribunal

In my submission , your Honor, the two prRc­

tical tests in a trial of this kind and before an

international tribunal of this kinf are , first of e11:

is the evidence poing to assist the Tribunal to arrive

at & true conclusion ; and secondl~ and most important,

have the ~efense been given a fair opnortunity o~

meeting it. Of course all these points will ari se

on narticular doctiments, but i n view of the generel

remarks mad e by my friend Mr . Furness on that

sub ject, I thought it right t o make those peneral ---- -·

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37 , 344

I I I

3 Tho Tribunal met , pursuant to recess , at 133011 I

4 MA~SHAL OP THF COURT: The International

Military '11ribunal for the Far East is now resume do 6 THE PRESIDENT : Judge Nyio 7

J UDGL NY!: Mtity it please the Tribunal , wi th 8

rera rd t o the date Vlhen the ma p was made and the organ-9

i za ti on which kept this map , I can - - I thin!c we can 10

11 take for granted tha t they were all set out in the

12 remarks because the c ertificate is a printed form and

l3 was gl von to the officer for signa ture . As he san that

14 they were all sot out in the remarks he might not find

15 it necesnary to put them in . As a map is different

16 from a telegram or letter which would roquire exact

17 datin13 , we will take it that the date was J uly 30 1 1933 1

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and the organi za ti on wh5. ch kept it was the Chief of

Gonoral Staff.

If your Honors are satisfied wi th my explan-

ation , I shall stil l tender it . If your Honors think

thn t as far as thJ.s pa ··ticular point is conce rned it

noods further clarification we sholl withdraw it for the

time being and we will hove it flll cd -- i t oms filled

and tender it as n later time .

NOTE :

The nttache~ po0oa ~~c correct ed "

po : es and s hould be substituted for. ~hc

correspond~n3 pns~a in tho r ec ord.

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THE PP.ESIDFNT : You moy withdraw it if you

wish but I don ' t knov! that if you r otonde r it again

tho result will be any differont . Do you withdraw the

document ?

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37 ,245

----------------- ---------------terms.

CLERK OF THE COURT: Prosecution document

820-C, nov1 exhibit 3269 for id entific~ ti on only,

will be ma rked PS r eceived in evidence ~nd will

r etajn the same exhibit number .

The certific~tc of sour ce and authenticity,

be~ring the s~m~ document number, will r eceive

exhibit No . 3269-A •

(Wher eupon, prosecution exhibit No .

3269, previously mPrkcd f or idcntificetion,

was received in evidence, And the certifi­

cate thereto was mrrkca prosecution

exhibit No . 3269-A Pnd rece ive~ in evi ­

dence . )

MR , COMYNS CARR (rf.acHng) s "The Course

Toward s the OpEning of the Impcrifll C0nfcrence

(J pnuery 14, 1938 . Epst Asia Bureau . Spc tion 1.

MATSUDAIRA) .

"WANG KO -MIN rc~ c-ntly put be fore CoJllmander

TERAUCHI e question on the se t hree points ; 11 1 . WhE'thcr or not J ap?.n will give fuJ.1-

scale support to tho new North Chino R~gime ,

11 2. Vlhrther or not it i s J C\ pan ' s intention

t o r egard CHIANG Ko i-shek es l' party to deal with ,

113 , Vl hc: thcr or not it is Jpppn' s intention

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3?,248

~HE PRESIDENT: Mr . Comyns Carr.

MR . COMYNS CARR: Your Honor , in our submission

this is a very importent document, being the decision

as to peneral principles of national policy immediate­

ly efter it was decide~ to have no dealings with Chiang

Kai-r.hek . Apart from the fact that the witness HORIN­

OUCHI declined to id~ntify it, he h~d asserted in his

affidavit that he was in a position to tell us all about

HIROTA's opinions, the policy adopted by the governmeQt ,

end so on, end to speek IIIROTA ' s mind to us as well

es if HIROTA w~s speakin1 it himself. In our sub­

mission, the feet that he omitted all reference to a

~ecision of this kind r ebuts hi s testimony in the strong

est possible way .

THE PR[SIDENT: The objection is overruled

and the document admitted on the usual terms .

CLtRK OF THE COURT : Prosecution document 8?0-D,

now 0xhibit No . 3270 for identific~tion only, will be

marked as r eceived in evid ence end will retain the same

exhibit number . The certificate of source and ~uthen­

ticity, bearing the same document number, will r~ceive

exhibit No . 3270-A.

(Whereupon, ~rosecution exhibit No .

3270, previously mPrkca for identification,

wes r eceivca in evidence , and the certifi-

.. - .

37,25'5

of a~thenticity than the prosecution has submitted up to

t i~is time, I respectfully ~ubmit the t it would be a very 2 ser i ous matter to cherfe HIROTA ~ith the implication of 3 this document . 4

THI PRESIDENT : We c1on 1 t want to he~r you, Mr . 5

Carr . The object ' 1n is overruled enc' the document ad-6

mitted on the usual terms, 7

8 CL[RK OF THE COURT: Prosecution document 1841-

9 8B7, now exhibit 3271 f or ic1entificet ion only, will be mP rked as

10 in evidence e nc'l will retain the seme exhibit

number . 11

12 Certificate s~owing source end authenticity ,

bearing the same cocument number , will receive exhibit 13

N0 . 1271-A • 14

15 (Whereupon , prosecution exhibit No . I I

16 3~71 , previously merked for i,dentification, we~

17 received in evidence, ana the certificate . . 18 theret o was merked prosecution exhibit No.

19 3271-A end rece ived in evidence .)

20 THE PRISIDE~T : You mey r ead it after lunch .

2 1 We will adjourn until half-past one.

22 (Whe reupon, et 1200, a r ecess

23 was t aken . )

(

37,255'

of a~thenticity than the prosecut i on has submitted up to

t ibis time, I respectfully RUbmi t thet it would be a very

2 serious matter to Cheree HIROTA ~ith the implication of 3 this document . 4

THE PRESIDENT: We clon't want to he~r you, Mr . 5 Carr . The object'1n is over ruled encl the document ad -6

mitted on the usual terms . 7

8 CL[RK OF THE. COURT: Prosecution document 1841-

8B7 , now exhibit 3271 for 10entif1cat1on only, will be 9

mP rked as in evidence 10

f' nfl will r etain the seme exhibit

number . 11

12 Certificate showing source end authenticity,

beering the same cocument number, will receive exhibit 13

N0. 1271-A . 14

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(Whereupon, prosecution exhibit No . I I

3~71, previously merked for i,dentification, we~

received in evidence, ana the certificate . . thereto was merked prosecution exhibit No .

3271-A end received in evidence.)

THE. PRISIDE~T: You mey read it after lunch .

We will adjourn until half- past one ,

22 (Whereupon, et 1200, a recess

23 was taken . )

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37,732

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I Phat ha~pen~ .

5

MR . lfoMANUS : Your Honor , ~ n so far as your

1!cnor has referred t0 t he corr ection Made by Captain

Kraft tris morning , may I just A3k your Honor, or at

least point out t o the Court that the i:ientence in

Japanese c···nccrning this particular sent ence of 6

exhibit 3775-A contain~ a double neg~tive . 7

s THE PRE~IDENT: It is a common form of

9 expre:rnion , gra~matically correct . 'Ve do not mis -

1' under s t and ~. t.

u I I

MR . HcHANUS : But becau!-:e of this, your Honor,

i~ I understand it is v ery difficult t o translate so ,

1, consequently, I ask the Court, just for this one point,

M t o hn.ve it resubmitted t o deter mine vrhe ther this is

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1.n the present tense or the f uture t ense . In vieY1 of

the few s ent ence s befor e it, as it r eads as corrected

b~r the Language Section, your Honor can r eadily see

t h~ t i t dons not ~ake sen~e .

I THE PRES ID ENT: If' Ca ptaln Kraft car es to

r eply to you , Mr. Mc?~anus , he ls at libertv to do so . 21

').

}1ffi . ~·fo~NUS : Your Honor , a~l I request is

that it be ~esubMitted to determin~ whether it be in

24 the pr €sent or fut ure t~nse .

I'

'fHE PRES I DENT: Capt ain Kraft.

LANGUA6E ARBITER (Capt ain K~aft) : Sir , in

"

?!OTE :

The attacheci. paees are c orre~ted

pae~a and should bG oubs tituted for the

correspond5n~ :n~r~ in tbs record. . ~

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if the documl.nt ~ s r. \'1holc is r cr>d it will b( sc..cn ;

th< t thl:rC \"ff S r discussion b<..twccn HJ.RJ.DA rnd KONOYE

::-t one time , KIDO rt l no thcr timr , ~ nd scvcrt.l other

Dcoplc , rnd the subj ect mrtt&r - -

TH:r PRISIDf.NT : You nc(;d not qo cny further

By c· m< jority the ob .1ection is uph\.l d and

the documlnt r ejected .

!~ . COf1YNS Ci.RR : I nt'\'/ off<-.r in cvic~ c:nce IPS

d ocument Jl'.J0-264B, of the 14th of Fcbru~ry 1938 , being

the ~·1 itncss HORil iOPCJi I ' s r.ccount of r. Lie ison ConfE-rence

!

il I of th<:: t. d r te rnc~ < n intcrvh \; bctwc en t:~c Chie fs of

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Etr- ff rnd thE FmnE r or v1hich ...:rs dcnil.: d by h i m rt n;gcs

29 , 870- 71. 1 n0 th(. r docume nt rel[' ting to the semc

mrt t c r to substrntic lly the simc effect wFs rdmittE-d

by tht: Tribunr.l ')n Fridry 1:- st < nc is l-xhibit 3272 but

I dcsir ~ to submit t~is docum~nt to impccch the crGdi t

of th. v;itncss HORINClTCHI who drni r d thrt h£ ever srid

whLt he is s t ctcd hL rc to hc v c s c id .

Tiif Fl:lFSIDFPT: No obj c:ction?

Admitted on the usucl t ~rms .

CLERK OF TflE COrRT = Prosecution doc um( nt

3150- 264 will rf.CC i V ( c. xhi bit lio . 3790 for i dc.ntif ice_- -

tion onlyi t~c c xcc r nt t ' crcfrom , being nros ecution

d ocumc.nt 3150- 264B \\'ill re c c iv( l:Xhibi t No . 3790-/l .

0~h< r cuoon, the docum~nt ~bov c.

·- . .,,,,,,,..

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r c f Grrcd to WD. s m<-rkc:d oros c. cution e xhibit

r,· ~ . 3790 f or idc.nt ificction , the cxc c. r pt

the· r e fr om being mr rkc d prose cution c xhibi t

No . 3790-J.. ~nd rec e i ved in cvid.:ncr . )

37, 737

HR . Cm1YNS ~.JlR: (Reeding) "14 Fcbru~ry 1938

"I srw t he Vice ror L i gn ~Unis tc r r t the For C; ign

Binistry <·nd he inqu:i..rcd : 1 rk' VC YOU h e: rd <'bOUt the

Lir ison Conf ~rcncc of Ft bru~ ry 14th? ' Therefore , I

(HlaADA) r coli c.d: 1 -. 1h:-t ~- bout it? ' To this , the

I Vice tiinistor st ~ : t f. d: ' i. t the; LiG is on C 0nf~ rcncc of IO I

l' I\ bru~ r y ·,14, th· :.rmy s< :a ~ "It i s im- ossiblt to c tt~ck

12 Cr nton end H: nkow in thr f utur e .

13 cs the south~rn pert of Shcnsi tn~ up t o t he Yellow

1.£ Rivc·r bHt W(, think it is im~ossiblc t o r.dVDncc: c. s fr r

15 < s Sucho1;: . 11 The N' VY is s r. yinr t h[.t it \'Jou ld like

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to t.d v~nc< i t.s c ir be. s c < s fr·r c s c1 nkin , but the· J~rmy

is srying t h<. t it is impos s ible t o ~o thc t fr r. The

r e< son why they s:y it is imn.ossiblt. to c<rry out mil-

- it:' ry op< r r tions cs f<r : s 1\nkin1:7 lie s in the f,~ ct

thrt militr ry pr cp~ rt tions must br mrd ( r grinst Russia .

:,s r r esult th< N:: vy i s srying : "It is not \/isc. t o

c 0ntinui. c. s ~i .. r r c <nd c..xtcn<ling t:~c incid~mt into

one of long t • rm h0stili ti ... s . On onl h::nd , c c. ssc ti on

of vi~ r should bL t ttcmpt l d through di pl omr tic ID'-nocuvrE s

~nd r t the srm~ t imc , our forc~ s mus t r dv~ ncc ~ithout

.... ....

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• 37, 741

f,1\ . COfoYNS C1.hl. : Your He nc)r -- ..

THE PhES I~EN T : De ycu wi s h t o sr.y Anything ,

Mr . Cnr r?

1 Mh . COAiYNS CiJ\R: Your He. nor , vii t h r e go r d

t o t h0 quc s t i c n e f tho impc rt~ ncc c f t ho matt~r -- •

THE PI1ES I IJEhT : Th:- t i s t he only que s t i on we

wr. nt ~'< u t 0 ~ ddrc s s us cm . ·

l'.m . CGMYNS C,Jih : The; nt: xt documt. nt I nm go ing

t c c·ffor i s pcr h°? ps o bo t t ... r <' nc.:: frc,m thr t p0 i n t of

v i ew e n the s~n~ qu~s t ion bc cnus c it shrus hi s c 0 -

' de f c ndt> nt ITaGoKI D s nr 0s ~ing f or hi s .:ppr in tmcnt, l'nd ~ , -. ,

thnt w~ s put t o r. nd ~ pccific~ lly d e n i ed by UG,~KI . I

think pcrhE.p s I \"i l l wi t hdr r- w this ~ nc ~ nd r r. i sc thu

poi n t on th~ nc.xt one .

I offer i n c v i de.nee I PS dc .. c uMc nt 3 150-2781~

r ... •l r ting t o 16 June 1938 ··nc' t o Pri nc e KOhOYE 1 s c cnvor-I

s~ t i <•n with B? r t' n fu,.h J.IJt. i n wh i ch ho t o l d c f the i n -

s i s t e ncc 0f Wt' r l1d nis t \,r IT;.G,.KI i r. r c c or.uncndi!lg t o

19 Fe r '-' ign Minis t cr UG .. KI t hH t SHilw 'l'Oh I b e r:ppointcd 20 Vic~ F c. r c. i gn Minis t vr . 21

22

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.... ' . "

This is off .. :r c. d t c c ntr l.dict t h e:: stn t ur.ic nt

cif wi t nos s UG,.!<:I cm cr c s s - cx£> Mi nr. tinn o t pngc; 34 , 915

the t nc C'nc oth ~r th~n Princ e K01• OYE h[ld :-ppr on chod him

r c g<: r di ng the r: ppc i n t m .... n t c f SHTh,.TOl<I , ')Od fur th\.. r t u 2~

e ontr cd i ct rlitn \.. ~ S UG,.KI ' s s pecific d 1..nir: l r. t pr: gc

I

l in the lat t er part.

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THE PRESIDENT : We will ad journ until half

pc>st nine tomorr ow morning .

(Wherc:upon , at 1600, an nd j ournment

was taken until v·canesday, 31 March 1948, at

0930.)

I

·~~~~~~~~~~~~~~~~~~~~~~~~~--__J

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.... .. · 4

is made by Mr. Blewett .

Are all these exhibits for identification

only , Mr . Blewett?

MR. BLE~ETT : Those ar e that group of books

that were put in by Mr . Roberts on Hako-Ichiu. They

are all for identification.

'IEE PRESIDENT : No objection?

MR . HORWITZ s No objection.

THE PRESIDENT : Ordered as prAyed .

Paper 1698 , an application on behalf of the

defense ~~· ,. i;t:, B.i:-ooks

. ...:l. :s~s- ·,rTT : I am repre<.>cnting l\lr . Brooks,

sir . He was unable to be here ti11~ ~n~~ing.

TEI; P.R.SSIDENT : - - for the wi·i;hdrawal of a

number of documents for identification, being exhibit

Nos. 2771- 4 l:-,clusive, 2777 and 2778, 2780 and 2781,

and 2792.

No objection?

MR . HORWITZ: No objection.

THE PRESIDEUT: Ordered as pr ayed .

(Whereupon, at 0904, t he proceeding

was concluded . )

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of 1933 end that he hcd no other idea than to settle

the LfrnchuriP.n Incident . This is because he believed

tha t though he remember ed the matter s in 1933, he did

not talk to anyone ~bout what he thought in 1932 . I t

i s clel'r t hr: t he made such an answer as "he did not

remember it for certa in" even though it might have

been adv~ntageous for him .

This document Gndor ses the f act related i n

our defense document No . 2010 or exhibit No . 3166 that

hRAKI began to entertain his idea of proposing a Far

11 }astern peace confer ence from tha t time . Therefore

I 12 if the wj_ tiness hF.d been asked cleC'rly, his memory

...-4 t3 would h<ve b€en refreshed . Ba r on HARADA's Memoir shows -?~

( t4 his poor r easoning when it sr'ys tha t i t was studied

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\'1hether or not Sovie t Russia should be attacked in such

e manner as if a J apan-Soviet war was going t o break

out in t wo years . In r enlity theI\O was no one who

hcd any idea ac tively to ~ttack the Soviet Union in

twQ years as J apan was not in any situation so to

do which is clecrly shown by evidenc e in the genera~

phase . This , we contend, is HARADA's misr epresenta­

tion of whot ARAKI sc i d which wos to the eff ect that •

the Soviet Union's ct ti tud c should be wetched f or two

y ears . That is proved from the fact that he plan.ned

to hol d an international conference , as is descritbed

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