INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST ...

INTERNATIONAL MILITARY TRIBUNAL

FOR THE FAR EAST

TRANSCRIPT OF PROCEEDINGS

10 December 1946

pp.12,332-12,478

rr"""r~n.: ., . .> "'-' .. :'.- \... .........- -~

DAVID NELSON SUTTON

PURL: https://www.legal-tools.org/doc/754447/

Doc. _No.

Prosecution1s Witnesses

I N D E X

Of

WITNESSES

10 December 1946

de ~lIJeerd, Klaas A. 2 Major, Artillery, Royal Netherlands Indies Army (resumed) 12333

Cross by Mr. OKUY..\1,1A (cont1d) 1233'3

Werff, Wanda O.

Direct by Mr. Lopez

Cross by Mr. SmUYA II II Mr. Blewett

pros. Deft> No. ~

I N D E X

Of

EXHIBITS

)J_~,?cription

12392

,12392

12402 12403

for In Ident. Evidence

2854 1354 S~.tod(1,le and attached Certificate of Titles of all publications df the Total 1.~lar Research Institute (98 publications)

274.7 1355 List of 317 Separate Reports prepared from the Judge Advocate Service of the U.S. Army on Atrocities reported in the Philippines (accompanied by a certificate executed by Colonel Alva C .. -Carpenter, Chief of Legal Section, SCAP)

12345

12381


Doc. No -.~

Pros. No. -

2871 1356

2730 1357

2885 1358

2801 1359.

2813 1360

I N D E X

Of

EXHIBITS

(conttd)

For In P9 scription . Ident. Evidonce

Map of the Philippines showing by dots the p13ces where Japanese Atrocities occurred according to information contained in the above mentioned Listof Reports

Radiographic Roport sent 9 Ju~y 1946 by Legal Section, SCAP, to the 1Nar Depa rtment in W3 shihgton re total number of deaths in the Philippines by Murder, Cruelty, Torture, Starvation and Neglect among American and Filipino ciVilians and members of the Armed Forces

Chart prepared by the "Tar Department at Washington based in part on the Report submitted by the Legal Section, SCAP

Summary of evidence of Report No. 11 of the List of Reports on Atrocities committed at the Headquarters of the Fhi~ippine Red Cross in Manila in Febru3ry of 1945

S~bry of evidence of JAG Report No. 88 on the massacre of the house of Dr. Horeta at 417 Isaac Peral Street, Manila in February 1945

12381

12382

12383

12385

12405


Doc. Pros. No. No. --- _ . .;;.;..;;..:..-

2812 1361

2845 1362

2802 1363

2849 1364

2874 1366

2873 1367

Def.

, I N D E X

Of

EXHIBITS

Ccont1d)

For In No. Description Ident. Evide.nce

Summary of evidence of JAG Report No. 70 on the massacre- in the hQuse or Dr. Price at Colorado Street in Manila in February 1945

Affidavit of Basilio Umagap on Atrocities at the Pons residence in Manila in February 1945

Summary of evidence of JAG Report No.2? on the massacre at De LaSalle College in Manila in February 1945

. , Transcript of the testimony of Nena Alban at the trial of

. former Japanese General Masaharu HOMlYJA in Manila during the early days of the Japanese Occupation in 1942

Summary of evidEmce of JAG Report No. 66 on the massacre at the German Club in February 1945 in Manila

Transcript of the testimony of Mariano del Rosario in the trial vi' YAMASHITA

Tranf1.cript of the testimony of Rosalinda Andoy in the YAMASHITA trial in Manila

12407

12410

12411

12414

12421

12422

12426


Doc. .J12.L

Pros. Def. _No. . ._No.

2798 1368

2864 1369

2814 1370

2794 1371

-2720 1372

2839 1373

2790 1374

I N D E X

Of

EXHIBITS

(cont 1 d)

For In DE:iscription Ident. Evidence

Summary of evidence of'JAG Report No. 53 on the massacre of over 200civi1ians at St. Paul's College in Manila in February 1945

Summary of evidence of JAG Report No. 63 on Looting, Burning ,and Murder of civilians tn the Campos residence in Manila during February 1945

Summary of evidence of JAG Report No. 54 on the massacre of more than 1000 ciVilians at Lippa, Batangas Province, Luzon, in February 1945

Summary of evidence of JAG Report No. 117 on additional massacres Lippa, Batangns Province, Luzon, in Mar-ch 1945

Affidavit of Apo1inaria Navarro on Atrocities in Su1oc, Santo Tomas in Mnrch 1945

Summary of evidence of JAG Report No. 106 on the massacre of 194 Filipino civilians at Santo Tomas and the burning of the town in February 1945

Summary of evidence of JAG Report No. 09 on the massacre of civilians at Bauan, in February 1945

12434

12436

12437

12440

12441

12443

12446


Doc. Pros. Def. No. No. No.

2796 1375

2797 1376

2834 1377

2810 1378

2793 1379

2800 1380

2884 1381

I N D E X

Of

EXHIBITS

(cont'd)

For In Description Ident. Evidence -

Summary of evidence of JAG Report No. 90 on the massacre of 320 Filipino civilians in Taal in February 1945 12447

Summary of evidence of JAG Report No. 96 on the massacre of 300 civilians at euenca in February and March 1945' 12449

Summary of evidence of JAG Report No. 101 on the massacre of at least 107 Filipino civilians at San Jose in February 81'.' March 194·5 12450

Summary of evidence of JAG Report No. 74 on the Murder of 39 civilians at Lucaro in Harch 1945 12451

Summary of evidence of JAG Report NOe 126 on the maSSQcre of more thun 100 Filipino civilian~ at 'j~,p; '()r' }. in July 1945

G·L\~m .... ' r ?r~f evid'?nce of JAG Rep?rt ;;'.' 1 -i/ l!ll ch,j MurdATs, LootJ.ng C1f~C~ I) :::'~:"':1:i.:,~g ~H' the tOl"ln of C,<:.iHi.3.ng in February 1945

. Trans.:ript 6f the testimony of JOS8 Rabana in the trial of YAMi-l.SHITA re massacre at Calamba during February 1945 .

12452

12453

12454


I N D E X

Of

EXHIBITS

(cont I d)

Doc. Pros. Def. For In No. No. No. Description Ident. Evidence - -

2806 1382 Summary of evidence of JAG Report _ o~ the burning ef the Barrie of Nanipi1 and the murders ef civilians en Titig Mountain in April 1945 12456

2823 1383 Summary of evidence ef JAG Repert No. 267 en the executien ef 21 Filipino. priseners at Barrie Ahgad, Banguad, Abra in " Nevember 1944 12460

2883 1384 Transcript of the testimony of Mariano. Bayaras, Mayer ef BDSCO, Batanes Island in the YAMASHITA trial re Atrocities in Basco. in May-September 1945 12461

2827 1385 Summary ef evidence ef JAG Repert No.. 304 on the " executien ef

\, Charles Putnam, Themas Daggott, , ... ' Captain Vicente Pinen and"six other unarmed Filipinos in March

12463 1944, Alamienes, Pangasinan

2807 1386 Summary ef evidence of JAG Report on the maSSacre ef approximately 500 Filipino ciVilians at Dapdap, Pensen Island,Cambtes Islands, Cebu Province in December 1944 12464

2835 1387 Sunmwry of evidence of JAG Repert No. 137 en the Murder of 5 civilians in Cervantes Ilcco"s Sur .in August 1945 12468

2725 1388 Affidavit of Isidro Cabusas re Torture and Murder a t Cordova, Cebu in August 1944 12469


Doc. Pros. Def. No. - No. ~

2833 1389

r , '/

2818 1390

27,1 1391

2859 1392

{ 2816 1393

2836 1394

•

I N D E X

Of

EXHIBJT S

(cont! d)

For In !2.escription Idcnt. Evidenc,§

Summary of evidence of JAG Report No. 253 on the Murder, Torture and R~Jpe of' civilians at Bogo, Cebu during August, September, October ~nd November 1944

,Bummary of evidence of JAG Report No. 180 on T orture ~ nd Murder of civilinns at Dumnnjug, Cebu in August 1944

Summary ore~idGnce of JAG Report No. 174 on executions of Filipino civilians, at Calbayog, Samar, in July 1943

Summary of evidence of JAG Report No. on the massacre of 37 civilians in Pi1nr"Camotes'lslands, Cebu in December 1944

, Summary of evidence of JAG Report

No. 142 on the Murder of 11 American Baptist teachers of the faculty of the Central Philippine

. Co lIege and the Murder of 6 other.-Americans at Camp Hopevale near Topaz, Capiz in December 1943

Summary of evidence of JAG Report No. 140 on punitive expeditions on Panay Island by J~)panese Forces against civilians in September and October 1943

12471

12472

. 12472

298

12473

12474

12476


1

2

')

4

5

6

7

'" 8

9

10

11

12

13

14

, 15

16

17

18

19

20

21

22

23

24

25

Tuesday, 10 December, 1946

... - ...

I NTER NAT I ONAL MILIT lillY. TRIBUNAL FOR THE FAR EAST

Court I~ouse of the Tribunal lVar Ministry Building

Tokyo, Ja f:an

12,332

The Tribunal met, pursuant to adjournment,

at 0930.

-- - .. !~ppearances:

For the Tribunal, same as before with

the exception of: HONOR..BlE JUSTICE D. JAR~~NE LA,

:.:ember from the r.epub1 ic of the F hilippines, not

1

I sitting. . I

For the

For the

Prosecution Section, same as before.j'

Defense Section,' same as before. I

The .:\ccused;

All present except OKA"·TA, Shumei, who is

repre sented by his counsel.

(English to Japanese and Japanese

to English interpretation was made by the

Language Section,. Il:TFE.)

I

I ------------------------------------,


M 0 I' S 2

e 3

& 4

W 5 h a 1

6

e 7 n

8

9

'to

:i.l

12

13

14

15

16

17

t8

19

20

21

22

23

24

25

cnoss

---------- -------------_._-------MARSHAL OF TH~ CGrnT: Tho International

Military Tribunal for tho Far East j_s DOW in session.

THE PL2SIDLNT: Counsel OKUYAMA.

K L A A S A. D E WEE n D, called as a witness

OD bchQlf of the prosecution, resumed the stand

and testified through Dutch interpreters as foll~ws:

CI"(OSS-EXAIJIl]\,ATION

BY r,I~. OI~lfiM;.A (Continued)

Q How ~any friends did participate in the

drQwing up of tho list, torether with the witness,

during thE; tj_me the witness was kept in the intern-

ment camp?

A There -:u:e q.ui.te a few peoDle concerned.

Tbere Vi,~S 2. YJL1:;~E.US of four peor}e who worked with

me.

there Gny who could read tLc Japanese newspapers?

A Yes.

Q In what Jabor -- sort of labor were those

pe:ple enr;o..ged in at the i.nternment carrp?

A ~,~y helpers lE',d the nermal jobs in the CEl.ITIP,

which were at that time working in the vegetable

gardens.

Q You have testified that the materials that

! --.. _ .. _ .... ---.-.. -.-------.- ...... _._---- .--'--'" -----_.--PURL: https://www.legal-tools.org/doc/754447/

I 1 I

2

3

4

5

6

7

8

() -'

10

11

12

13

14

15 I 16

17

18

19

20

21

22

23

24

25

I

12,334

DE VvEl~I~D CROSS

---------------- - .- ------.-------~---------------

you had collected were put by you in a can and sol-

dered. How could you find the solder and other

utensils necessary for it?

A They came from one of the first camps where

there were still many work shops and materials

available.

Q Were there any accomplices of yours working

in the factory, as you testified that those neople

were working in the vegetable gardens?

A No.

~ Then, I would be at a loss to tmderstand how

you came to get hold of solder.

THE PHESIDENT: We have heard enough on that

phase, Counselor, It is not helping us.

Q Tbe roat2rials which vou collected during

iRIs to be nresented in this court? That is, did you

prepare those ma te:rials during the time you were

working at the Army Attorne~·Generalts office with

the purpose for the pur;Jose of using them as

evidence in this court?

A My statement is based on \ivh2.t I found --

on the materials I found in the Kampa, the official

government gazette, and has been -- have been added ----------------------- -- ----------------------


12,335

DE WLEnD CHOSS

to by other materials from newspapers.

Q l!!.[y question was whether you used also the

3 materials which you collected during the time you

4 were in the internment camp.

5 A It has been used as additional evidence.

6 THL PELSIDElTT: These are trifling matters.

7 It is a pity to waste time on them. It is interest-

8 ing to lrnow the source of his information, but just

9 how the state of its compilation from time to

10 time is quite immo. terio.l.

n Q Then, is that evidence already introduced

12 I submitted to this Tribunal?

13

14

15

16

17

18

19

20

21

22

23

24

A The evidence which I collected during -- in

the ~risoner-of-war camps has not been presented

to the bench because it, would have been much too much.

On the cover of your affidavit that comes

immedio.tely after the preface to your affidavit

the personal history, that cernes right after -- after

the personal history, I found the words "International

Prosecution Section, Netherlands Division," Gloes that

mean that you belong to thc;.t Netherlands Prosecution

Division?

THE PRESIDENT: You expl2.ined your position

I very fulJy vesterd2y But answer yes or no to that 25 1 - - -. v ' •

I~~ue_~_:ion:_ Do yo~_~_elon~ to-_t~~_ International


12,336

DE WEEED cnoss

1 I Prosecution Section.

2

3

4

5

<5

7

8

9

10

11

12

13

14

A No.

Q It is l.mderstandable from the re;')ort that

most of the documents that vou referred to -- you

have referred to since you came to Tokyo, that you

have investigated since you came to Tokyo were the

documents belor.ging to the International Prosecution

Section, Netherlands Division. Am I right to under

stand that in that fashion?

JAPANESE LIONITOE~ Netherlands Division' is

omitted: Just documents found in the International

Prosecution Section.

A Tho..t is true.

ThL PEE;S IDENT: What doe sit matter? In

1) national tribunals -- before national tribunals

16 police officers investigate cases and then go into

17 the box ['ella. give evidence.

J8 Q I was not ver'- clee.r on that point. But,

19 however, there seems to be .J.n important point in

"20 connection with that point.

JAPANESE 1!lONITOH: From our :point of view. 22 THE ?H[SIDEET: It is of no importance what-

soever. We know that investigators of crime are 24

frequently witnesses; more often so than not. 25

MR. OKUYAM.A: That is also true in the. case

1 ___ 9J:_J"ia:Qa n_L __________________________________________ .


1

2

3

12,337

DE WEEHD CHOSS

However, tbBre is one thing to which I should like

to call the Tribune,l f s attention in connection with

this matter. This report, as was clearly stated

4 b~' the witness, consists of two different materials;

5 namBly, ene is materials which had been used at the

6 tb- e of the Indic tment: Two, the documents, ma ter-

7 i2ls or documents which are novi being used by the

8 Prosecution Section. Therefore, this report --

9 although this reDort is an affidavit in its form,

10 actually it actually is an excerpt from the evi-

11 dence in its substance an excerpt from the evi-

J2

13

14

15

16

18

19

20

21

22

23

24

25

dence and can be regarded as a statement by the

prosecution, or as testimony made by the prosecution.

I should li1m to point the attent:Lon of the Tribunal

to this point.

TEE PHESIDENT: It is immaterial. The police

who give evidence are frequently called the prosecu

tors.

e Then I will asle anoth8r question to the wi t

ness. In "our affidavit, Japanese text page 29,

paragraph t~o and three, in those paragraphs you

give an explanation of the judicial system. I should

like to ask a ~uestion to you about this matter. In

the terri tory occupied by the .W,vy, are you aware of

the fact that in thE'; terri tory occupied b;T the Navy


1

2

3

4

5

6

7

8

9

10

11

12,338

DE WEEED CF.OSS

three different courts were estnblished; that is,

courts mnrtial, military tribunal and civil courts.

A The jurisdiction in the areas occupied by

the Navy w~~s regulated by an Ordinance, or Minsei

Furei, of November '43, No. 26. It W2S the -- that

was the final est&blishment. Before that a provisional

system had been ~n ,force similar to that in Java. The

judicial system was otherwise similar, entirely ,im-

ilar to that in force in Java; only the name is dif-

ferent. In essence it was entirelv similar.

DUTCH EONITOH: That is the judicial system

12 of the Japanese N 9.Vy occupied areas.

13 Q The militarv courts applied marshal laws of

14 Japanese expedition&ry forces in the southern regions

15 to try natives who cO!l1I11i tted acts detrimental to

16 the Occupation purpcses of the J2.DcmeSe forces--

17 JAPANTBE }lIOPITOE: Correction, please. The

18 term llGun-ritsu-Knigi" is translnted ns military

19 courts, and the word "Nippon Nampo-ku Gun-ritsu"

is translated as marsh&l law of the Japa~ese expe-

ditionary force in the southern regions. 22

Q (Continuing) Now, this marshal law was applied 23

to try any natives who acted in -- acted against the 241

execution of operations by the Japanese navy. Now, 25

the Gumpo-Knigi, which is trnnslated as courts I 1,_. ______ •


I 1 I

2

3

4

5

6

7

12,339 DE WEEED

martial, Wo.S E)stablished tc try PIN -- nrisoners of

war and internees, and by application of the Japanese

criminal 2nd military laws--

JAPAI'I.ESE rV10NITOR: Japanese criminal laws

and criminal laws within the Army criminal regulations.

(Continuing) And in the third place there

were civil courts where other cases were tried, and

8 the setup vvns as I explnin.ed. Am I correct to

9 understand that in this way?

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25 \

1 ___________ .... _ --------.----.- -------------


12,340

DE ~ITEERD CROSS

----------- ---------~-----~- .. -.~----.---.--.-.----~.--

D 1 i TEE PRESIDP.NT: 'IJIJhat is the effect of that u j L, long statement?

MR. OKUYAMA: As I said before, all this Y,c

4; is becc:use I feil to understand WPD.t is written E 1 s l here, at least in Japanese. It is so involved that

r G is why I am askinr this question.

7 THE PPESIDENT: I don't think trat the

counsel means to ask any more than whether the

Japanese tried the natives and ot~ers according to

10 their own lav!s, marti~,-l and criminal.

11 :rvm. OKUYMIA: In some it 1.:5 so, howev.~:r.

12 However, the purpos e is there. Tra t is w:J.Y I asked

13 a question about the judicial system.

r Page 46 of the English text, and page 49.

I s~ould like to put a question to you concerning

16 tt f d t i th 1 th rna , ers re erre 0 nose paragrapns -- .ose 17

it is a problem wrich is Glways brought pages, as ]8 i

iup in this cqurt room, in pages 46 and 49, you P' ; -,' i refer to Hakko Ichiu.

20 I i JAPANESE MONITOR: And the question of

"1 I .:." Itre fundamental principle of Fakko Ichiu becomes a 22 i

iproblem, 2 ~ I .) I

I here. ?Li I . _'l: I

and you are referring to that Bakko Ichiu

THE PRES IDillfT: The Tribunal does not want 25 I

I t_O_l-_:e_cr this _w_i!:.:~_~_~_f_:,_~_:_w __ ~!_~~_a_t _d_o_ct!'_~~~_'- ______________ _


12,341

CROSS

1 1'ffi.. OKUYAMA: I wanted to ask tre witness

2 whetber those words -- t~is word, which is used in

3 two places, means the same thing.

4 THE PRESIDENT: we will construe the mean-

5 in? of an;)T document, unless trey contain technical

6 terms upon which tre witness can give us sxpert

7 a~vice, and he can not.

8 :MR. OKUYAMA: Tr'8 next poj_nt is in tbe

9 Enplis!-' text, page 58 of the Englisr text -- 55.

10 In tre second p~rafraph of that prfe you stat~:

11 Ito recejve the rmr,erial !)DCree cirect from tre

12 Japanese government lf • As VIe reEd tt'e Japanese trans-

13 lation of this part it soems to us trat ttere is a

14

15

16

17

18

19

20

21

22

23

24

25

fross mistake of translating tte Japanese word into

tbe English word "Imper ial D?cree." Now can you

tell me from what source you obtained thjs informa-

tion?

A These words were taken from a report on

the meeting between TERAUCHI and this delegation and

was made by a Japanese interpreter who was present.

MR. GKUYAMA: That is all.

MR. LOGAN: No further cross-examination,

your Honor.

MR. FYDE: Mr. Pres ident, tbere wi.11 be

no --


1

2

3

4

5

6

"7

8

9

DE ~ERD CHOSS

'l'HE FRPSIDENT: Mr. Eyde. Mr. Hyde,

yesterday I prevented Captain Brooks from asking

12,342

a question, and I may rave been vlJrong in doing so.

'''ere you on the Staff of tbe Netherlands Army

in the East Indies?

TF~ WITNESS: No. In my statement I said

I was witt t~e Steff of the First Division of the

Netberlands Indies t.rmy.

THE rHESIDENT: Did you ~'E;ve anytt ing to

10 do wit~ the preparation of military plans before

11 tbe war?

12 TFE WITNESS: Tbe only t~ing I eVEr did

13· before December 1941 in this connect jon WES ~bat I

14 was connected with tbe preparEtion of defensive

15 prerarations in mest Java.

16

17

18

19

20

21

22

23

24

25

TEE PRESIDENT: Mr 0 Hyde.

Arm. HYDE: Mr. President, tbe other matter

t~Bt the witness recuested permission to clear up

yesterday was c12rified durinr the afternoon.

There will be no redirect examination erd

we respectfully request ttat the witness be excused

on tte usual terms.

THE PRESIDENT: re is at Ij.berty on trose

terms.

(Wbereupon., tl"'e v1iitne~ s was eycused.)


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

THE PEESIDEl{T: Mr. Justice Mulder.

1m. JUSTICE BORGERBOFF MULDER: If the

Court please, this concludes the presentation of

the evidence on this phase of the csse.

12,343

THE PRESIDENT: Brigadier Ouilliam.

BHIGADIEP. ClUILLIA~.:1: Mr. Pres ident and

J~embers of tr,e TribunE.,l, it is proposed et this

stage, if tbe Tribunal approves, to produce a

scbedule contcining the titles of all tte publica

tions of the Total l""ar Research Ins t i tute of which

t~e prosecution has been able to obtain information.

This scbedu1e is submitted in accordance witt

directions given by t~e Tribunal during the pro

ceedings of tte 30th October, as shown on pages

8871, 8872, 8875, 8876, 8877, 8909 and 8910, of

the transcript.

Attached to the sctedule is a certificate

made by Lt. Steiner, Assistant Chief of the Document

Division of the International Prosecution Section.

I do not propose to read tre certificate or

tYe schedule unless tbe Tribunal otherwise directs. 22

It is sufficient, I respectfully sugrest, to state 23

that tbe sc~edu1e contains a list of 98 publica-24

tions, 71 of which are held by the Internetional 25

Prosecution Section. These 71 documents will be


1

2

3

4

5

7

8

9

10

11

12

13

14

15

16

17

13

19

20

21

22

23

24

25

12,344

made available to tbe defendants on request being

made. Tbe remaining 27 r~blications were sent to

PTasning-ton by the .Allied ~ ranslator and Interpreter

Sect:l.on of SCM' some tirne ago, it being considered

thEt they would not be required for the purposes

of these proceedings.

~,ray it please tbe Tribunal, I offer in

evidence the scbe0ule erd attacbed certificEte

which a}Jplies, IPS document noo 2854.


12,345

1 THE PRESIDENT: Admitted on the usual terL;s.

2 CLERK OF THE CD OOT ~ Prosecutior' f s document

3 No. 2854 will receiveaxhibit No. 1354.

4 (~hereupon, the document above

5 referred to was ~arked prosecutionfs exhibit

6 No. 1354, and was received in evidence.)

7 THE PRES IDENT ~ I~r. lIiggins.

8 ER. HIGGINS: If it plea S8 the Tribunal,

9 Mr. Pedro Lopez, Associate Pro~ecutor from the

10 Philippines, will now present that feature of the

11 prosecution's case which 66als with Class C offenses~

12 generally, and Class B offenses com,:i tted in the

13 Philippine ,Islands.

14

15

16

17

18

19

20

21

22

23

24

25

TItS PRESIDENT: Mr. Cunningham.

r<ffi. CUNNINGHAM: If the Tribunal please,

before the prosecutor corn~ences with his opening state

ment at this phase of the case I should like to make

one objection to the introduction of the Philippine

phase of the case, and state, for the reason, that the

Philippine Republic, not having been a party to the

conventions relied upon for recourse and as a basis

fer their cOLplaint in this proceeding, should not

be entitled to present any evidence in support of

violation of the rules of lan6 warfare.

THE PR.:ZSIDENT: You are T!':aldng substantially


.-f,'·· ~ " .,.' ", "<.

12,346

1 the same objection as you did to the Dutch or Nether~

2 lands case.

3 lim. CUNNINGHAM: I am making just the opposite

4 objection to this as I DaGe to that, on the basis--

5 THE PRESIDENT: You cannot be right in both

6 of them.

7 :MR. CUNNINGHAH; I am basing this objection

8 upon t he ruling caGe on that obje0t~on, :'lour Honor.

9 THE PRESIDENT: ;Nell, I aLl rlystified.

10 MR. CUNNnTGHMII: As a basis, I wish to state

11 that the Philippine Republic is only perDitted to

12 exercise the right of SO~/E'rel611ty 1:.:5 is [~rant8d unGer

13 the Congress of the United Scates as to the tine of

14

15

16

17

18

19

20

21

22

23

24

25

the comnission of the acts which are coeplained of in

the I~dlct~ent and the recourse sought under the Charter.

THE PRESIDENT: Your point is the Philippin~s

were not a nation when these alleged atrocities

were comroitted. It cou16 b(:; got over by the adoption

by the American section of the Phl1tppine evidence if

they wish to follow that course, if there is any merit

in the point. I don't say there is. There is one

Chief Prosecutor hete covering all s'3ctions.

~m. CUNNINGHAH: l~:ell, the light cut F:ly point

in the niddle, your Honor. I should like to finish it,

and then I think we will be understanding each other.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,34 7

The further point is that the full criminal

responsibility for the acts corplained of bv the

Philippine prosecution have been adjudicated and

established in a court organized under the Congress

of traG United States and Const i tution of the United

states in the prosecut.ion of General YAFASHITA and

Genera I HOi.1.:IA o

THE PRESIDENT; But 'He are not re-trying

YAI.iASHITA or HOLlI:A. 1'J8 ar';:; trying ths accused whom

the prosecution assert are responsible for what was

aone by YAl':IASH1TA and HOm,iTA and the others. The

conviction }~n4 the execution of YAHASHITA and HOT-'TP:A

do not absolve the accused if th2Y were guilty.

The position is so olementary as to be

incapable of argument; and I resent the waste of ti~e

involved in listening to you.

12. CUNNINGHAM: \Tvell, I should like to oake

my position clear, if 'I may, by stating that the

responsibility for the violation of the rules of land

warfare is a military responsibility and not a poli

tical responsibility under the Rules of Land Warfare,

itself.

THE PRESIDENT: But for th·',) fact that you

have contended it, I could not believa counsel would

be capable of submitting it.


1

2

3

4

5

6

7

8

9

12,348

IiR. CmmINGHA~1: Well, your Honor, I want to

assure you that I feel that I have perfectly legal

authority for the statG~8nt which I made, and I could

quote it fro~ the Rules of Land Warfare, that the

government's responsibility for tho violation of the

rules of land narfar,') and th:? political responsibility

is only a pecuniary responsibility and not one of

crininal responsibility.

~hile I a~ here, I want to say that if there

10 was anything that I sa:i.d yesterday that was harsh or

11 severe, that I arn sorry, that I did no~ intend to

12 offend ~he Court at all.

13 TH3 PRESIDENT: Ap-9'1rently on3 of my brothers

14 w:mts to hear you, so go ahead. You know what I think.

15 MR .. CUmnUG:1ArJ1: "\'011, I have flnishc,d as far

16 as the presentation of the objection to the atrocity

17 phase of the Philippine phase of the case is concerned.

18

19

20

21

22

23

24

25

THE FR ESIDENT: r~r. Lopez.

HR. LOPEZ: r:1r. President, Eer.lbcr$ of the

Military Tribunal for the Far East:

Fron iiving witnesses and frOM Japanese

c.ocur:>3nts, this Tribunal has heard and seen abundant

prosecution evidence portraying the basic policy

pursued by the defendants and other leaders of Japan

to produce a warlike ~aster race dead set on world


1

2

7

8

9

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,349

conquGst. It will be recalled~ that in order to "".j.

i~plement that policy the conbined rosources of the

stat0-controllcd press, radio, schools, stage, movies,

literature and religion were marshalled to indoctri-

nate the Japanese people with fanatical ~artial

spirit, blind worship of totalitarianisD and ultra

nationalisn, love for aggression and burning hatred

and contempt for all potential and actual enenies.


12,350

M 1 Our present phase will show the flowering cmd o r 2 results of thet policy in terms of thousands unon thou-s e 3 sands of innocent persons butchered, maimed, starved

& 4 ~nd degraded; of innumerable cities, towns and vil12fes

i-'.

b 5 sacked, [ind of homes and farms pillDged. Sine qua non

r 6 to 8 proper ['.ssessment of our evidence is the under-

m 7 standing that this insidious internal nropaganda of 8

hate succeeded somehow in poisoning the mind ~nd heart 9 of many a JeDanese to such a degree thc:t ir. the ensu-

10 \ ing mili tDry cc:mpaigns their cheracter ,::nd nature swung

11

12

13

14

15

16

17

18

19

like a pendulum from the extreme of kindness c:nd

courtesy to the other extreme of cruelty 2nd indecency.

Vdthout this understanding, it will be difficult for

enyone, who has come in contact with the 2verage Japanese

in the streets r:nd Dublic pl.:::ces, in their homes and

offices, and has observed their civility, to give due

weight to the mc:ss of our proof demonstrative that

either in their moments of arrogence born of victory

20 or des'Oeretion in the feice 'of impending defeet, count-

less oropagandE misled J2'Janese perpetrated in the 21

22 fields of oper2tion barbarities, the full extent of

7~ which world shock the world • •.. :)

24 We will pr~ve that Japanese atrocities were

25 not isol8t~d' incidents of individual misconduct, but


12,351

2V 018sa1e murder, torture, end r8.1Je 1 [2nd the w['nton

3'estruction of property followed throughout a consistent

4 nd similar pettern; thct the stronger the resistance

5 more Cl.bominable became the invaders; tht t

6 he strategy of terror w~s in time identified as ~art

7~f the Japnnese form of w~rfare calculated to crush

s/the spirit of resistance and the will to fight of the

9/peoPle of the over-run countries. Secondly, those

10 atrocities, lBunched on lcrge saele for the first time I

u/8t Nr:nking in 1937, end climaxed with the Rf'pe of 111anilr:'

121 in 1945, covered a period of eight long years. Thirdly,

13 the situs of their commission comprised one-fourth of

;: I 16 !

the territorinl space of the globe, including Burmn,

China, Indo-Chine:, Mellayn, the Netherlands Indies,

Hongkong, Philippines, New Guinea [nd varicms islfmds

17/ in the Pacific Ocean. Fourthly, the multitude of

18 perpetrctors c&me from both enlisted men IS und officers'

19 rcmks 2nd from [,,11 brc:nches of the Jopanese c:rmed

20 services. Fifthly, the victims were legion, i:lClud in?

21 both civilians [,nd prisoncrs- of-wc-:r, the .w'ell ['nd the

22 infirm, the young c~nd the old, men 2nd women, [,nd even I children [nd brbies~ I

Finally, indignant officinl protests from I

ag~rie:~ governments poured on the government at TOkyol

--~--- ~--__ i

-------_______ 1

I

I I I I

I


12,352

----------------- --------------------

1 Allied redio broaddasts~ regularly monitored by the

2 JEpanese Foteign Office for the information bf the

3 inner government circles, widely publicized and

4 severly condemned thE massacre and mistreatment of

5 AlliEd civiliens end prisoncrs-of- wer. EVen without

6 th.OSE protests end oenunciations, the lepders of J~pan

7 would hove undoubtedly known of the ramprmt 8troci ties

81 committed by so mf:';ny of their misguided compntriots

9 on so meny helpless peoples of so r.wny lends and for

10 I so many years. Instead of heeding the protests, they

11! dismissed EiIld br['nded them as instruments of felse i

12 propng2_ndCl. And lnstsnd of investigoting the charges,

13

14

l5

16

17

18

19

20

21

22

-)~

_.J

24 , I

rj -)

!

L

determining, trying and punishing the guilty, or t2king

other effective mec:sures neccssC'ry to deter or prEvent

the repetition of the atrocities, they permitted or

tolerc:.ted their continued perpetr[tion.

A pert of the pattern of these crimes has

[lrc2dy been delineated with the present2.tion of the

Chinese case rnd the Extonsivc testimony of the late

lamented Colonel Wild. V,re shDll now proceed to unfold

more of thct p,-~ ttcrn with cvidfmce rel2. ting to how D

st[~ ggering totE.l of more thc!'.. 131,028 Americ[ms [':nd

Filipinos met horrible death b:r murder, cruelty,

starVE: tion, Bssc::ul ts and mistref'tments [l.t the hends

of a sadistic enemy. This figure do~s not represent


12,353

,

1 the war c2sulaties; it does not encompass those who

2 died in the fields of bettIe. Neither does it include

3 the infinitely IQrger number of jimeric~1ns Emd Filipinos

4 who escaped depth but went through the ordeal of in-

5 describ~ble sufferings and humiliations.

6 We shall by proof establish thet Jananese

7 c: troci tie s on Philippine civili<:ms were not confined

8 to lifc:nila, the hec.rt of the n[:t ion, or a few other

9 cities like CGbu 2nd IlOilo, but in all cities and in

10 Cllmost [Ill big tovms ond in numberless ville g8S, in

11 all of the main islands of the archipelago, ranging

12 froffi Basco, B~tanes, in the far north, to Devao City,

13 in the extreme south; from Puerto Princesa, Pr:law[m,

14 way out west, to Taycbcs, farthest eest. They were

15 commi tteCl by J2pc:mese Kempei-tc: i, Me,rines [lnd Army and

16

I Navy men on all sexes, ages [nd classes of Filipinos 17!

I in 011 stc::ges of Jrp8.nese Occupation from December, 18 '

i 1941, to August, 1945. 19 I

Outstrnding of the maSSl.'cres thc:t took the 20 II

21 lives of 91,184 Filipino civilians may be mentioned

22 those ct :'Tl.'nila whEire 800 men, women and children were

23 herded into the build ing of St. Pa'Ul's College. They

24 were d rc:,wn toward the oenter of the hall with cc:ndies

25 enticingly pIeced on tables set under five overhc:mging I

covered chrcndelicrs. A Japl.'nese Ncvy men p.u11ed [I string {


12,354

-------------.. ------------------------

Qnd the grenf:des conceDled in the chc.ndeliers exploded

with such power 'th~t it blew off thE: top of th(; build-

3 iug Lnd inst~ntly killed D greEt number of those in

4 the 11211. Po_nic-stricken survivors fleeing from the

5 burning inferno were mowed down with m~chinc gun fire

6 I by sentries strc,tegic!::lly posted outside • At CclG'.mbc,

71 Lc:gunD, revcrQd by Filipinos 2 s the birthpl[!ce of their

81 foremost m tlon[ 1 hcro, Dr. :::\iz[l, 2,500 men, women

91 pnd children were shot or bayoneted. Only 2 few sur-

10 I vivEd. 1-et ?onson 1 Ccbu, in c('ntrrl Visc,y~s, the whole i

11 I popuh:tion of the villc.~ge W2S ordered to c;ssemble in

12

13

t5

161

171 18

19

20 I 21

22

23

24

the b2rrio ch~rch. One hundr(~d were mnchinc-gunned

end bryont-:ted to deeth within its spcred vvrlls. The

rost were hunted dov:n from one corner to [:nother of

the villDge 2no murdered in their homes ond in the

swc:;mps. Three hundred died in the m~SSDcrc. At Bcsco,

Bctc_nes, 80 ci vlirms were [',rrcsted, rnd while in con-

finemcnt some were hung from the rc;ftcrs ['nd flaming

fluid 2uplied to their skins, others were bortEn, brc2k

ing their honds rnd losing their ey~sight, but 211 wero

0~entu~11y executed. At M~tin[ Pangi, Leveo, 169 men,

women <.":nd children w(;ro murdcr6d in cold blood.

Evidence will be offered showing thet the

\

' Jrppncse in the Philippines, especinlly the Kempei-tei, 25

, displDycd 2 grc2t ingenuity end sndism in inflicting

I ---------------------------

I· I


12,355

/---------------------_._---_._---_. __ . __ ._-----_._._------, 1 i the cruelest forms of torture on their victims whese

2

4

5

6

8

9

10

!2

!3

16

17

18

19

20

.21

22

24

25

I

number rE'n into thousr_nd s • They c0J1v8rted Fort Srntirl!,o,

En old Spanish stone bEstion overlooking Maniln Bey,

into thE;ir leading torture chC"lmbcr c::nd deE":th hole.

Fort S~-ntiClgo becDme a synonym for torture pnd [. symbol

of Je"1pc:ncse brutc.li ty. Here hundr8ds suffered slmy

;::'nd pc-:inful de[~th in dcrk, foul ['nd lice-infested

cells, for whom the quick, scientific mr-css E-xtcrminc:'

tion in the lcthr'l g[:s chC'!mbf:;rs 2t enml' D[',ch,-'~u would

hvvc been c welcomed £lternative.

1 __ - . __ .. __ . ____ . __ ... __ ..

-.----.-~.-.-----~---~--.-------~-.----.----~---.--._. ___ w _____ •• , ._~~. _ _.,..".,."._.,.


1

2

:3

d i

5

6

7

8

9

to

11

1.2

t3

14

l5

16

1.3

1.9

20

21

22

23

24

12,356

\----------------------------------------.-

Prominent among the many forms of tor-

ture used were hanging by the neck, by the thumbs,

or by the limbs, and burning the feet or other

delicate parts of the body as it hung suspended; th~

water cure? with several variations depending on the

savage bent and imagination of the torturer~ Dlacing

ammunition between the fingers and squeezing them

until the bones broke; pulling out tongues and prying

out toe and fingernails with pliers; searing the

flesh with lighted cigarettes and pieces of burning

wood; slapping and kicking and boxing with bare hands

or with steel knuckles; beating with long bamboo

poles? woo(en clubs, baseba11 bats and :i..ron rods;

jiujitsuing and hurling th~ subject repeatedly to the

ground; twisting and breaking the hands? arms 9 or

legs; lashing with rope 9 thorn switches or barbed

wire; smashing with gun butts, shocking with

electricity; applying gasoline on the s~in and hair

and igniting it; forcing small bamboo splints under

the toe and fingernails; crucifying by nailing through

the wrists and skull; lopping off the ears and nose

and gouging out the pyes; killing either by

bayoneting through the eyes, and other vital organs

of the body, chopping the heads off with razor-sharp 25 I

I~Ol~_~ ___ :~ __ s~m~~~~~_. __ sw_~_~~~_~_~ drowning, choking, shooting


"', ,f

._----_._._---------_._- .. __ ._._-_. __ ._-----.-----. - -_._-----.---. -- ---

1 • or burying alive, or by starving to death. "

2

3

4

5

6

7

8

9

10

11

12

13

141 15

16

17

18

19

20

21

22 !

23

24

25

Before proceeding further, we pause to beg

the indulgence of this Court for the precise language

we have been and will be using in describing the

nature of these atrocities. While realizing our

duty to express ourselves here at all times in tem-

perate and restrained terms, the crimes committed to

my country and my people were so shocking, so brutal

and so revolting that reso;,:c to euphemisms v{Quld only

do violence to the truth.

Of the manifold instances of such torture

and sadism in the Philippines, our p~oof will point

out that in February 1945 in IVlanila, in the home of

Bartolome Pons, a pregnant woman with an Il-month old

baby in her arms, was shot and killed. The Japanese

started to leave, but hearing the baby cry ~ returned , I

and killed it with two shots. At the Campos residence,/

the breast of one woman was hacked out. At st. Paul's

College a baby was hurled into the air by a Japanese

soldier and impaled on the bayonet of another. At

Fort Santiago, a piece of skin was sliced off the

back of a prisoner's hand and he was forced to eat

it. The skin on his face and arm was· twisted with a

pair of wooden pliers.

At Palo Alto, Leyte, in the Vasayan I~lands,

I

___________________________ J


1

2

3

4

5

(j

7

8

9

10

11

12

13

14

15

16

" . 17 r '

18

19

20

21

22

23

24

25

12,358

thr'ee membeI's of the Palacio family ~ including a

woman~ were arrested in February 1942, their hands

tied behind their backs and hung by the arms from

the branch of a tree for five hours. They were

bea ten vri th thorn switches until they bled. On the

arm pits of the tVTO male members gasoline was poured

and set on fire. In Inopacan, Leyte, Eufresina

Payot, a 24 year old girl was caught, her clothing

strip~ed, her breasts slashed with 2 saber, and

burned. In Iloilo, on 18 September 1943, Lucas

Doctolero was crucified on the ground, three six-inch

nails driven through each wrist and the base of his

skull. In homblon, c,n 17 November 1943, a blind

woman was drngged out of her house, stripped naked.

She 'was hog-tied and then hung from a tree head down.

At Kabayo, Mountain Province, in northern

Luzon, Tayambong Chagsa was forced on two occasions,

in I\,larch 1943, to drink a four-gallon can of water.

A Japanese bounced on his distended belly, then with

hands tied behind his back was hung. While hanging,

his G-string was set on fire consuming all but two

feet of it. The remaining portion was ~rapped

around Chagsa's head and agGin ignited. At Bscolod,

Negros Occidental, a man Y\Tc::.S bee, ten with n club,

thrown [[cross the floor 2nd the next evening was


12,359

forced to jump from a window to the 8.s~~)helt pcwe-j I

2 I ment twenty feet below. The fall dislocated his i

i 3 I 41 ~ I .) I

61 7\

81 I

91 ! I

WI

111 i I

12 i I

131 i

141 151

I 16

1

171 I

18 r I

19 I !

20

21

22

23 i

241 I

25

1

hips and prevented him from walking for four months.

Another W2.S strnpped to 8. t8ble and his wrists

burned with an alcohol fle,me until the odor of burn-

ing flesh filled the room. A third man had a

bayonet thrust through his term progressively decsper

as he was questioned. At IJumanjug? Cebu~ a three

and-n-half yee.r old child V:JE:S bayoneted nnd thrmm

into the sea.

Our proof ilvill be[.l~ out thr:t ~re.panese o.e-

pravity in the Philippines, recurring in varying de-

grees throughout the occupation~ reached its lowest

ebb during the last dying dE~Ys of 1-,"anila in February

1945. Lack of time prevents a full recital of spe-

eific cases 3 but for our present pu!')oses it suf

ficds to state th2t at Bay View and three other hotels

the Japanese went on a wild orgy cf debauchery thet

culminated in the rape of mEmy young girls? promi·-

nent in Mc:.late society. At the German Club women

Viere disrobed, rnped 2,nd mure.ered? as the rest of

the crowd of about 500 civilians huddled in the

basement helplessly looked on. One young girl vas

decapi ta ted vvhen she resistec~ ncivances mad.e on he]:';

even her lifeless body ;f,'2,8 "iolated. Wo~n taking


12,360

1 sanctuary in the l,:enila Cathedral were assaul~ed~- --~-I 2 In Tansuan, Betangas 7 a pregnant woman haC her un-

3 born child carved out of her stomach and behended.

4 In Obando? Bulacan, the niece of Juan Etuijera, along

5 with ei~ht other wOBen, wa~ abused and bayoneted and,

<5 as her intestines came out, she was thrown into a

7 fish pond.

s On 22 Septernber 1943, in Iloilo 9 t11e hands of

9 two young girls w(~re bound behj_nd t;1eir bucks, their

10 clothing stripped and they were later raped. On 2

11 February 1942, at S~nt~ Ana, ?2mpanga, an elderly

12 lady and her maid were assaulted. In Bansic, Hermosci,

13

14

15

16

17

18

19

20

21

22

23

24

25

Ba tann, ~he men in a hous(~ W8re forced to leave while

a girl who W2S left behind WL:S raped. She sub

sequently became pregnant 2nd gave birth to a child.

lJUring the first week of Japanese Occupation of

Manila, in J2nuary 1942, two American girls, among

many others, .weI'e raped. Three J·apanese soldiers

went out into the street naked and raped two women

in broad daylight at the busy intersection of Espana

and Quezon Boulevard, in the commercial section of

the city.

Our evi(ence will further disclose the

apelling destruction caused by Jepanese aggression

on public and private properties in the Philippines ---.-------~-------- ~---~ .. ~ .. --- ~ ----~-.---.--


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,361

with an aggregate value of approximately

m)l~370)263')324.5C. Most of the destruction was far

in excess of the exigencies of the situation and

the limits of military necessity. This eVidence will

disclose hOiil churches, hospitals and residential

l.uildings were- mined 2nd destroyed, or doused with

~asoline and set afire -- hOYT cities, towns and

villae:e$ were burned without military rhyme or

reason; how homes were lootod ::md farms ravished of

their CDOPS, draft animals, poultry and livestock,

9.nd hOYI the people were plunde~C'ed of their money and

jewelry. The ,}2panese did a tj:lOrough job of wrecking

and devastating the Philippines beyond recognition.

THE PhESILEliiT: We will recess now for

fifteen minutes.

(Whereupon, at 1045, a recess was

taken until 1100, after which the proceedings

vlTere resumed as folloviJs):


G 1 0 1 2 d b 3 e r 4 g

5 & , B 'a 7 r t 8 0 n 9

10

11

12

13

14

15

16

1;:-

17

18

19

20

21

22

23

24

25

--------------------------

HAL",SEAL OF THE COUnT ~ The International

I,Cili tary Tribunai 'for the F2:.r East is now resumed.

THE PEESIDENT~ Mr. Lopez.

lffio LOPEZ~ If your Honor please, could I

resUme?

To complEte the oyer-e.ll picture of Jupanese

8.. troci ties in the' Philipc~ines, proof will be

presented describing the indignities, the degra

dation, the suffering and deaths of American,

Filipino and other allied prisoners-of-war and

civilian internees, imposed by the Japanese in the

Philippines in violation of every important pro

vision of the Hague Convention No. IV of 18 October

1907, to which Japan was one of the signatories,

and of the Geneva Prisoner-of-War Convention of

27 Jul~;- 1929, by which Japan solemnly cornmi tted

herself to be bound mutatis mutandis. ---,,-- . .--~.,--Typical of the treaty breaches were failing

to accord to those who surrendered 1 the status and

treE', tment of prisoners.- of- war; subjecting the

1")J:'isc'ners- of-war to public curiosity, to insults

<'lnd inhumane treatment; not treating the women with

the regard due their ~ex; coercing the prisoners and

intern'ees to reveal information reg8.rding their Army

and coutltry; confisco,ting their effects and objects


1

2

3

4

5

6

7

8

12,363

of peJ'soD[;.l use, such C:.8 wo.tches 5 fountain-pens, shoes;

ccnfiscating money in their possession without giving

recei~ts therefor; evacuating them from the zone

of combat or foot at excessive distances ner day;

nlacing them at certain points se that their

presence there ~ould give protection from bombard

ment; lodging them in barrac~s without safeguarding

their hyr;'j.ene and hoal tl1:, not -orovid:ir:g them with

9 quarters and bedding e~ual i~ ~uantity and quality

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

to those furnished Japar.ese base canr9s; not nro

\iidirg thE'~m -vdth sufficiont potable water~ not

furnishing them with clo~hing 2nd footwear when

they needed them; not taking all sanitary measures

necessarv to assure the cleanliness and healthfulness

of camps and other nlaces of detention and to prevent

enidemics; not furnishing them with sufficient water

for their bodily cleanliness; refusing them to take

physical exercise and enjoy the oren air~ not

maintaining ade~unte infirmaries for their benefit;

re~uiring them to pay for their ~edical care and

f2.il ing to have them examiJr::ed by doctors at least

once a month.

Also reqUiring officer nrisoners-of-war to

salute all members of the 'Japanese ~rmed fo~ces,

rei::ardless of rank; tro.l1sferring sicl~ and wounded -----------------------_._-_._-----------------------


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

241 25

prisoners-of-war when their recovery mi~ht be

endnngered thereby and when the conduct of military

operations did not rEquire such transfer; requiring

officers who were prisoners-o~war to do manual

l:lbor and non-commissioned officers to do other

than supervisory vvork; compeJ ling them to work an

excessive numher of hours per day and requiring them

to do manuc:;l ls_bor even v!hen physically unfit;

requiring them to work seven days a WEek and per-

for!TJing ~2nuill labor directly related to war opera-

tions; rocl'uiri.pg them to peJ'forrr unhealthful 2nd

dangerous work; aggravating their conditions of

labor by disciplinary measures and requiring them

to perforY!' mcmual le, bor lmder condi tions le s s f:wor-

nb2e than thecondi tioEs under which J:lp,mese troops

at Japanese base camps were required to perform

similar labor; not affording faciJities to enable

them to write to their fnmilies reg2rding their

capture and state of their health; refusing to permit

them to receive parcels containing food and clothing;

lecting the parceJs i.ptended for them; being cruel

to theD" , inflicting corporal punishment and torturing

them; imnosin~ col.lective punishment against them

for individual e .. cts; imposing punishment, which

I-=~_~~_~~ __ =i~~_in~~ __ up~~_~_~~_~~_~_~ __ ~~ i s on e r s- Of_-_w_n_r_a_n_d __ _


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

civilian internees who were recaptured~ ir excess

of arI'est for not more than thirty days; not seeing

that those who died ir captivity were honorably

~uried and that theiI' graves bore all due informa-

tion, were respected and properly maintained; and

not affording properly constituted relief societies

for prisoners -of -war every faciJ. i ty for giving food,

clothing and medical sup~')lies to them when military

necessi t," did not require refusal of such aid.

Most shocking of the atrocities comndtted against

prisoners- of-war in the Philippines was the Bataan

Dea th March wherein 11, C'00 American and t 2,000

Filipino·troops, exbausted, gaunt remnants of a

small brave Army whose long heroic resistance on I

Bataan had drawn the admiration of the civilized

world, were forced to march 7 to 11 days without

food or water· approximately 120 Idlometers ur:der a

scoY'ching tropical sun. ThI'oughout the march, ,many

of these prisoners weI'e slapped, boxed, beaten,

bayoneted or shot. About 1,200 of their American

and 16,000 of their Filipino comrades were thus

murdered and left in the dusty and bloody road to

rot. Throughout that time, the U. S. Army had enough

mo~or vehicles and supplies of gasoline which the

Japanese could have used to transport all the


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

12,366

Fil-American. forces that had surrendered on 10 April

1942.

The end of the march was bv no means the end of

the martyrd8m of the heroes of Bataan. At Camp

C'Donnell~ by not providing them with enough food

and ~edical care, by forcing them to labor while

sickaLd 1)hysice.lly unfit; by subjecting them to

punishment and torture for minor infractions; and

bv crowding thep tOBether in 3 filthy, small place

unfit for hUtllan h2bi te"tion~ the Japanese further

accomplished the indirect mass annihilation of the

cream of tJ:1e AmeTican-Fil.ipino Army. Ever~T day in

the camp Americans and Filipinos were dying like

flies. Un to ] Au~ust 1942 alone, 1,522 Americans

d ,..., c ('.,('0 ..". J" ;' d th an c:: ,I' I , .t:' L.l-pl.nos Qle ,.ere.

The Ba taem march had a counterpart in I:!Tindanao.

On 4 July 1942, about Eoo American and Filipino

":-.riscners-of-war '-:ere grimly reminded of American

Independence Day wher.: compelled to l1~arch under a

blistering sun from Camp Kiethlev to Iligan, a 21

22

24

.25

distance of.38 kilometers. M2ny were without shoes

and hats. On the way many were badly mistreated,

and several were shot and killed. On 6 Fay 1942,

between 8,000 and 10,000 American and FiJipino

~irisoners.. of_ war were loaded at Corre!!idcr into the


i

1

2

3

4

5

<5

7

8

9

10

11

. 12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,367

holds of ships with no latrine facilities, given

no food, and ir; a state of exhaustion were disem

bl,sked not at the pier of .Manila but near Dewey

Boulevard and from there forced to march 15 miles

to Old BiliQid Prison under a hot sun.

On 14 December 1944 at Puerto Princesa, Pala

wan, 150 Americar:: prisoners-of"'war were herded into

three air raid shelters each about 75 feet by 4 feet

by 3 feet. Suddenly the Japanese poured in buckets

of gasoline which they set on fire with torches.

They laughed as they fired into the shelters with

treir rifles and m.achine guns. Screaming American

prisoners were shot as they ran out of the shelter.

Five escaped by dashing successfully toward the

beach and swimmil1g five miles across the bay.

In May 1942, 300 emaciated American prisoners

of-war were sent out from Bilibid Prison to build

a road through the almost impenetrable malarial

jungles of Tayabas, These men who were almost dead

from malaria and dysentery were forced to work in

the sun without clothing, shelter, or shoes, with

wheelbarrows, picks, and shovels. They were

frequently beaten with pick handles and bayonet

scabbards for pausing to relax. They were dying

from. dysentery, malaria and exposure and the


12,368

1 were sl,eeping on the erow.d in the rocky

2 reek bed, drinking filthy water from the creek,

in the open without cover. Japanese

ard~ were living comfortably in tents. Net enough

od and nQ proper medicine were provided. Only

~) men~ starved, ragged, and sick, went through

7t .at "roject alive.

At Fort Eantiago, three American pilots who

re shot down durin~ the bombing of Hanila received

1~ Jord thrusts through the shoulders or were scorched

l~ th lirhted cigarettes. Holes were drilled through

1~ eir fingers, wires inserted through them, and

l\ley were then suspended by the wires. The body of

1~_e uilot was burned, that of another paralyzed. 15 At Panay, American prisoners- of- war were forced, 16 a ter their sur:render in LIa~r, 1942, t.o loc2.te the

17 s'tes of ammunition dumps and food caches. For six

18 d2:vs they were made to hike up and down the hi11s

19 without water and eating only rice crumbs left over 20 by 21 to 22 to 23

24

the Japanese guards. American officeT's were made

work like coolies, loading and unloading cargo

and from Japanese vessels.

A t Nichols Field, sick 4..rr.erican nrisoners- of-War

we. e made to push and haul heavy cars laden with 25

ro kane dirt one kilometer across the airfield at

I

\ I

\

\ .-----~-- - - - -- ----------------------


12,369

------- ----------------------------_ .. _--_.

1 least eleven times a day, and failure to rrake the

:: minimum DUInber of trips required before the day \vas

3 over meant SeV6~) beating and flogging. Water cure

-4 c.tnd hitting wi th picl~ handles and rifle butts until

:> the Drisoner became unconscious were the forms of

6

7

9

1(': . " -11

1 'J '".

15

17

1" J • ...)

19

20

21

27

Durtishmer.t usually administered. Another kind of

tcrture was to make a person stand at attention in

the hot sun with a bucket full of 1N3. ter on his head.

If any of the water was spilled, he would get a

terrific beating. In September, 1943, Sergeant

James Edward Strawhorn's hands were tied behind his

back, and hu:e g from a tree for 2t;- hours" Dep:ri ved

of food or water, he was ex,osed to the sun all day

and to the rain at night. He was then beaten with

a plaited rope and hit about the face and head with

a pistol butt.

Vie will show that befo:re, during and after the

commission of these atrocities, the Japanese Govern~

ment and its leaders assured that American prisoners-

of- war and civiliar interr,ses were and would be well

treated and well fed. For instance, on 24 February

1942~ the Japanese Government through the defendal'.lt

TOGO, ther Hinister of Foreign Affairs, (I_eclared

that A~erican civilians will be treated in a manner

"more favorable them contemDlo.ted by the Convention, II _________ • _______________ 1


5

7

<, '.1

1(> \ • .1

11

12

13

15

16

17

13

19

20

21

27

23

24

25

~- -------------------------- ----------------~-------

__ I


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,371

the atrocious conditions at Camp Of Donnell. In

that note the American Government lodged with the

Japanese Government tla most emphatic protest" and

expected "that the inhumane and uncivilized treet

ment accorded American nationals, both civilians

and prisoners-of-war, will be made a matter of

immediate investigation and that the Japanese

Government will give assurances that treatment

incor:sistent with the provisions and spirit of

the Geneva Convention is not now and will not in

the future be inflicted upon American nationals."


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

12,372

In the Hull note of 5 April 1943, the United

f-tntes Government warned Itthe Ja}Janese Government that

for any other violations of its undert8kings as regards

American prisoners-of-war or for any other acts of

criminal barbarity inflicted upon American prisoners

in violation of the rules of warfare accepted and

practiced by civiliz~d nations as military operations

now in progress draw to their inexnrable And inevitable

conclUSion, the American Government will visit U~OR the

officers of the JApanese Government responsibility for

such uncivilized and inhuman ncts the punishment they

deserve. 1t

In an undated Hull note, which was incorporated

in the letter of the bwiJS Minister of 5 Febftuary 1944,

the Unitpd ~tntes Government again protested aga inst the

mistreatment ot American and Fili)Jino prisoners- of-v1)ar

and civilian internees, charging that at Baguio civilian

internees were forced to labor without shoes and gnrbed

only in loin cloth; that prisoners-of-war from Corregidor

hr:> in? ttlken to f.Ianila were not l3nded a t the port of r"a-

nila but outdide the city and forced to walk through the

city of Bilibid Prison about 23 tiny 1942; that prisoners-

of_war at Dnvao Penal Colony, suffering from grave vitami~ 24 - !

25 deficiencies, could see from their camp trees bearing

citrus fruit but were not allowed to pluck them; nor were


12,373

1 they allowed to retri""vlt lemons floating down a stream

running through the camp; that American officer ,risoners 2

of-wtir were being compell~d to perform all kinds of labor 3

4 including menial t3sks, such as scrubbing floors, clean~

5 j ng latrines used by Japanese troops, and 'working in thp

, kitchens of J~panese officers; thn t 10 American engineers

7 were required to go to Corregidor in July 1942 to ass1~t

s in rebuilding the militarv installations .in that ar 0 a;

9 thnt the condition of hoalth of prisonE";rs-of-war in the

10 Philippines was deplorable, citing that at ~an Fernando

11 in April 1942 American and Filipino prisoners were held

12 in a barbed wire enclosure so overcrowded that sleep and

13 rest were impossiblo and that the many who were sick were

14 given so little care, that human excrement covered the

15

16

17

18

19

20

21

22

23

24

25

whole area; that many of those who were made to march

from Bataan to ~~n Fernando, a dist1nce of over 100 kilo- I

m0ters, were shot or bayoneted by the guards; that at CamB I

O'Donnell conditions were so bad that 2,200 Americans and

more than 20,000 Filipinos are reported to have died in

the fir~t few months of their detention; that at Cabana

tuan there was ne medicine for the treatment of malaria

until the prisoners had been in the camp for five months;

t~at at 10s Banos camp, recognized as the established

endemic center Of malaria, no quinine was provided and

the internees wpre not allowed to go outside the .fence to

-------_ ... _--_._-----


12,374

1

I take anti-malarial measures; that at Camp O'Donnell many I

I· 2

of the men had to live without shelter during 1942, 23

officprs were assigned to a space of 14 by 20 feet in I

area, drinking water was so scarce that it .IS necessary I

to stand in line six or ten hours to get a drink, and of- I I

6 ficers had no bath for the firs~ 35 da~q tn the camp;

7 that in late Octobor 1942 approximately 970 prisoners

8 waro transferred from the Manila area to the Davao Penal

9 . ~olony on a transport vessel providing only twenty inches

10

11

12

13

of sleeping space per man; that at Camp Hay at Baguio

20 to 30 civili2ns were assigned sleeping accommodations

in a room which had been intended for the use of one

person; that at Cabanatuan Lleutz,n-ant .. C\:}')U<:,l Lloyd Biggs

14 --in.d Lieutendant -Colonel Howard Brei tung c:nd Lieutenant

15 tio. IJ. Gilbert, for. (t ttempting to eSCEl:';8, were scverel"y

16 beaten nnd tortured and Filipino pas~d'sby forced to beat

17 them on the face ',vi th clubs.; and thCt tat Baguio ~"r. Gray

18 11'.11:: S bea ten and given the V]3 ter- cure.

19 In the Hull note of 11 :--:pptember 1944, the

20 American Government protested against the removal of cer-

21 tn in American internees from Los Banos c"lmp to Fort Mc-

22 Yinley where a major 3mmunl tion dump wn.s maintained. 23 In the Atcheson note of 6~pril 1942, the United 24

8t.tes Government protested against the murder of four 25

AmertcRn citizens, Grinnell, Duggleby, Larsen and Johnson,


...........

all internees in the ~nnto 70mas internment camp. In the 1

Grew note of 19 :.:ay 1945, the .~merican Government pro-

2 testpd nga 1.n~t the massacre of 150 American prisoners -of-I· 3

war at Puerto Princes~ on 14 Dece~ber 1944. The note I 4

ended withcl wruning ·that lithe Japanf~se Government c3.nnot 5

Psc3pe responsibility for this crime." ;

~e will further prove that contrary to the re-7

p0 8ted aSdurances of the Japanese Government in these 8

notr;s, Americ3.n and F'ilipi.,"'lo prisoners- of-war and civilian 9

int~rneps con~inupd to be deliberately humiliated, starved 10

mistreated, abused ~na murdered. These os~~rances were 11

so obviously hypocritical that on 10 HaTch 1945 the United 12

ttrtes Government s0nt a note through Mr. Grew, Acting 13

~cr0tarv of State, asserting that: "Th8SP most gros::> and 14

shocking vi ")13 tiona of elementarY humC'!1 '1GCency nr'2 highly 15

16 inconsistent with numerous profesdions 01 the Japanese

17 Covernment that it is according humanitar~Rn treatment to

18 prisoners-of-weir. The Japanpse Government has stated

19 its justification of other violations of its undertakings

20 and of human deC0ncy tha t the> United .:,ta tes Govermen t has

21 baspd its protests on misundprstandings of the facts. The

22 Uni t0d ,'" ~a te~ Gov8rnment h'1s not misunder::; tood thE" f1cts,

23 the pprsons who reported thpsn outrages themselv0s suf-

24 fpred thpm."

25 The "provisioning in brn8.d, butter, eggs, mr-:at,

I


12,316

----c------~-~~-~ ---~-- --------------~----~ --------------

1 he3ting oil, coal and fats assur2d by Japan" was [\ far

2 cry from tho actual sta~vntion diet of about 300 grams of

3 rice and 10 grams of vegetables which the prisoners-of-war

4 and c~vilian int~rne0s ordinarily roc~iv0d daily during

5 tht:'ir internment. Vlhil.'.) camps in the Philippines Y.Jore

6 located in places where food was plentiful and while their

7 Japanese guards were Dating truckloads of rico, cetabao

8 meat, cattle, pigs, chickenq, fresh and dried fish, soya

9 sauce and paste, and drinking beer Rnd whiskey, the pri-

10 son~'rs :::nd intr:rnr'cs 'Vvere suffering from loss of w0ight

11 and dying from such malnutritional diseases ns beri-b0ri,

12 pellagra, scurvy and elephantitis.

13 Finally, our closing evidence will pierce the

14 sh::;m 2nd hypocracy of thr.> pious port('stft tions by the J'lpa-

15 npse Government that humanitarian treatment was and would

16 be given to American prisoners-of-war 2nd civilian interne s.

17 Our ~videnee ~ill c~st light on a top secret policy direct've

18 emanating from Tokyo in July 1942. This directive ordered

19 comm9.nders of prisoner - of-war camps to use white· prisoner

20 for l3.bor in a manner to impress the people of the locali-

21 tir:s in which the camps were located with the superiority 22 of the Jayanese over the white people. 23 THE PREf-IDENT: Mr. Lopez, your opening statement 24

to a considerable extent exceeds the due limits of an open-25

ing statement, and to that extent will be disreg3rded by


12,377

---- ... -... - _._-_._--.---- . __ ._-_._--_._------ ----------,

1 the Tribunal.

2 ~,f,R- LOpH'Z' .l;J.... • J.:J. I will proc0ed. If the Tribunal

3 ple~sp, before starting to present our evi6ence we beg to

4 call attention to the f~ct that technically our phase

5 ~ovprs Cl9.sS C offens8s in gen0.ra1 and Classes D and C

6 offen~es in the Phi1ippinesinvc1ving the 2nd, 3rd 3nd

74th clauses of the last paragraph of page I of the Indict-

8 ment; Counts 37, 38, 39, 40, 41, 4~, 43, 44, 45, 46, 47,

9 48, 49, 50, 51, 52, 53, 54 and 55 of the Indictr18nt, in-

10 cluding Appendix B th0reof.

11 l.m. bOVIIYA: I am cOMIYA, ~h~,.nji, counsel for

12 the defendant OKA.

13 I believe that the Navy is partly responsible

M for the atrocities alleged to have b8cn committed in the

15 Philippines by the prosecutor.

16 THE PREtJIDENT: VTs cannot hear you on the tissue

17 now.

18

19

20

21

22

23

24

25


'i{ 1 n 1 2 f

& 3

4 Y e 5 1 d 6 e n 7

8

9

10

11

12

13

14

15

16

17 '"

18

19

20

21

22

23

24

25

12,378

1JlR. LOP:;!';Z ~ 1?e offer in evidence IPS Docu-

ment No. 2747 which is a list of 317 sc)arate reports

containing in all 14,618 pages prepared 'by roving

teams from the Judge Advocate Service of the U. Sa

Army on atrocities reported in the Philip~ines (7

of those reports~relate to other Pacific areas). Those

reports are now on file with Legal Section, SCAP.

This list is accomp::J.nied by a certificote

executed ~y Colonel Alva C. Carpenter, Chief of Legal

Section, which reads as folloVJs:

"I, Alva C. Carpenter, Chief, Legal Secti.on,

General Headquarters, Supreme Commander for the Allied

PovJers, do hereby certify that immediately after the

liberation of the Philippines roving teams, comprised

of military pers onnel from the Judge Advocate Servic,-,

of the United St2,tes Army, vverc:: sent out to conduct

investigations throughout the Philippines on reported

[~nd knovm cases of atrocities committed by the Japc.nese

Army and Navy personnel; that many of those cases have

been thoroughly investigsted in the iwmediate vicinity

of thtdr occurrence 5 th2t witnesses who had fir~t ... h[;nd "

knowledge of the atrocities were interrogated ond their

affidavits taken and ocular inspection of the place

where the crimes were committed were invariably rrBde;

that reports have been submitted regarding those


"

12,379

1 atrocities investigatAd and are now on ~~le in our

2 office, and th9t the attached document, consisting of

3 twenty-one pages, is a list of reports subrni tted 5.0 far

.( regarding these investigations, together with their

, report num'J!)er, title, and number of pages each contain.r!

6 THE PREt'I.J?ENT: Mr. Logan.

MR. LOGAN: If the Tribunal please, in view

8 of the na ture of ,the evidence about to be introduced

, by the pr6secution, we respectfully request that the

10 prosecution be required to follow the ordinary

11 procedure which is adopted in a law suit of ·showing

12 or introducing some evidence to at least prove a

13 prima facie case as to which, if any; of these accused

14 they intend to hold repponsible for these atrocities.

15

16

17

18

19

20

21

22

23

24

25

THE PRE~IDENT: As one of roy colleagues

suggests, he should start with his top secret docu-

ment alleged to have PJ"1anated frOM Tokyo.

HR. LOGAN: There cnn be no denying the fact,

your Honor, that nfter all we are all hUMan and have

our likes and prejudices, nnd we feel that if the

prosecution here should be perMitted to intr~duce

this evidence without at least showing a prima facie .. -case against those whom they intend to hold yesponsible

for these acts, that some of the other accused would

possibly suffer as a result of the introduction of this


12,380

1 evidence and perh~:p$ the failure on the part of the

2 prosecution when th0y are finished to ~hoW any conne6t-

3 1ng link between these acts and any of these accused.

4 THE PRE~IDENT: Because we appreciate what you

5 say, Mr. Logan, we called on Mr. Justice Hansfield the

6 other day to te11 us how he proposed to prove the

7 connections and after hearing him we were satisfied to

8 let evidence of this type go.

9 MR. LOGAN: I recall the discussion had between

10 i Mr. Justice Mansfield and the Tribunal, but in addition

11 to the assurances of thp. prospcution that they intend

12 to connect it up, I think the Tribunal itself should

13 be satisfied from evidence sub~1tted that at least a

14 .ru:imo. facie case will be made against those against

15 whor:1 the evidence is intended to be directed.

16 THE PRE~IDENT: I think we should be satisfied

17 with the prosecution's assurance, but I will take the

18 views of my colleagues, Ur. Logo.n.

19 ~ar. fmi the

20

21

22

MR; E'MITH: If your Honor please, with respect

to prosecution Document No. 2747, which has been offered,

we object to this list of documents which sre on file

23 with the armed forces. The list does not mean any-

24

25

thing unless the documents themselves are going to

be produced, and, in those circvmstances, this


1

2

3

4

6

7

9

10

11

12

12,381

0xhibit h2s no probative v~luG.

8vidence that it is now pro~osed to offer without

first hearing _the connecting evidence. The objections

are overru18d.

Admitt8d on the usual terms.

CLERK 0]4' TEE COURT ~ Prosecution I s document

No. 2747 will receivG exhibit No. 1355.

(;.rh t' d t b "'j, ereup on, no OCUIn.en a ove

rdfe~red to was marked prosdcution1s exhibit

No. 1355 Qnd received in evidence.)

VIR. LOP:8Z ~ v1e offer in ",videncG IPS Document

13 2871 \vhich is a I'Hap of ths Phi1ip::.dn,-~s showing by

14 dots the places ~herG Japaneso atrocities occurrdd

15 3.ccording to the information containud :l.n thG list of

16 reports, IPS Document 2747, now Exhibit 1355 of this

17 'r r i bunal.

18

19

20

21

22

23

24

25

TEL PRECIDENT: Admitted on the usual terms.

CL}2;P.K OF THE COURT g Prosucution I s document

No~ 2871 will recdivG exhibit NO$ 1356.

(,:'heri.:.mpon, the dOCUID(:mt above

referred to was marked prosecution's exhibit

No. 1356 and received in ovidence.)


-------_ .. _----._-

1 MIL LOPEZ ~ VIe tender in evidence IPS

2 docunent No. 2730 'Nhich is a rao.iographic report

3 prepared anc~ sent. 9 July 1~46 by Legal Section,

4 '::;CAP, to the 'or Department in VTashington, giving

5 the tot.aJ. nl1Jllber of deaths in the Philj.ppines by

6 murder, cruelty, torture, starvatio~l, 2,nd neglect

7 among American and Filipino civj.lians and members

8 of the armed forces~

9

11

14

15

16

17

18

19

20

21

22

23

24

I 25

1

I

TEE PRESIDEnT ~ A(ro.it ted on the usual terms.

CLER:'\ OF T:~3 COURT ~ Pro secu°:, ion t S 0.oC1)ment

No. 2730 will receive ex~ibit No. 1357.

(Wb3reupon, the document above

referred to was marked prosecution's ex~ibit

No. 1357 snd received j.n evidence.)

HB. LOPEZ~ -re read the document:

0907471

W r, QP·ITrc~'ro ~T (W'O,' seA' t._I-i.I....I_._ "\" 1".1 '. ) • PRIOHITY

PAH?3N '1': IS P;CLUDES unITED STATES AHl\,JY AND FILIPINO

ARMY PAREN PD It'[FRDER CLN 1",,10 TVO FIVE THREE SCLN

CHDrT.l'Y AT~D TORTID1E CLI' ONE sr: POUR SIX SCLN , }I

STARVATION AND NEGLECT CJ~N THREE :?IVE FAUGHT j\:IlJE

, ---_ .. __ ._-----._---, ._----._-------


1

2

3

4

5

7

9

101

111 12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,383

T"TO SCLN OTHER ASSAULTS AND :~ISTREAn1El'JTS CLN 1"70

S IX SEVEN PD FIGlJRES '-{'OR .Al'mRICAP CIVILIANS PD

],fmmER CLF TFREE onE SEVEN SCLIr CRUELTY AND r:::ORTURE

CLH rrro 7IVE SCLN STARVATIOI'J AIID I'TEGLECT CLI'; r,1To

FOUR FOUR SCL1'J OTE:SR ASSAULTS AnD ~~ISTREATt~NTS

CLN rTAUGHT PD ~:lIGU:qES FOR 7ILIPINO CIVILIANS PD

HURDER CLl'! EIGHT Nnffi EIGHT ONE EIGHT SCLlY CRlJELTY

CLN ONE T,;ro FIVE EIGHT SCLH STARVATIOE CLt~ SEVEN

SCLE OTHE'1 ASSATYLTS ANl) }lHSTREATrEN'2:'S CLN O~\iE

NAUGHT Ol\TE PD. 1I

r!e submit in evidence IPS document No.

2885 which is a ctart prepared by the l~ar Department

at r~Tastington based in part on the report submitted

by Legal Section, SCAP, IPS document No. 2730,

now ex~-ibit 1357 of this Court.

From this chart wbose large-scale copy

hangs on the panel of the 'IJIrall of' the courtroom we

read the first ten lines--

THE PRESIDENT: Admitted on the u.su.al terms.

CLERK O? T~E COURT~ Prosecution's document

No. 2885 will receive exhibit t,TO • 1358. . (Whereupon, the document above

referred to was marked prosecutionts exhibit

No. 1358 and received in evicence.)

))'m. LOPEZ: From tr is d'art 1','1108e large-scale

I

I I


1

2

I 3 1

4

5

6

7

8

9

10

:: I 13

14

15

16

-'...: 17

18

19

20

21

22

23

24

25

-------------_._-_._-

copy tangs on the panel of the wall of this court-

1 '. i

room we read the first ten lines and also the

tabulation of figures with reference to the

Pacific A1"'eas , subdivided as to murder, ,crtlel ty

and t.orture, starvat.ion and neglect, ot.her assaults

and l-:'1istreatments, sUb-total and total:

"\iIAR CRIFES DEATH VICTIMS

of

"u.S. & FILIPINO ARMED ':i'ORCES ('I: CIVILIANS

"As Kno,:7n and Estin,ated by Theaters

"tT.S. ARMED FORCES VICTD;TS

T1FILIPINO ATIFED ?ORCES VICTHTS

IIU.S 0 CIVILIAN' VICTDm

"FILIPIIW \:~ IVILIAIJ VICTn1S

"GRAND TOTAL

'??, 0,:\°; ,.----, _.

27,258

5(;5

91.184 •. __ ;l_ ... " _

142,076

"PACIFIC AREAS " .. _._. -'.'-~---"-' ._ .. _,._._. __ . - -"--' .. -.-.--- " _ .. _, , ........ ~.,,- .... - -_ .. _,,_._---~-

u.S. & Filipino U.S. Filipino Armed Forces Civilians Civilians

ilIlflurder 2,253 317 89,818

"Cruelty &. Torture 1,646 25 1,258

"Starvation & 35,092 24-4- 7 Neglect

"other AssaL~l ts & 267 0 101 Mistreatments

"SUb-Total 39,258 586 01,184 ------",. - ,~ .. ".~.-----,

II TOTAL 131,028."

I I


1

5

6

7

8

9

101 i

11;

121 131

I

14

l5

16

17

18

19

20

21

22

23

24

25

--------_.------------------

We offer in evidence IPS document 2801

which is tbe summary of evj.dence of 3.e'Oort No. 11

of the list of Teports (IPS document 2747, now

Col1rt. exl"'ibi t 135~), on atroci ttes committed at

-~-he ~Ieadquarters of the Philippine Red Cross in

r~a:l1ila tn February of 1945. T::.is summary of evi

dence, a.nd others si!\~j.1al'" t.o it Y1bic11. wt1l be sub

mi tted in evidence stlbsequently, is part of each of

the 317 sepal"'ate reports mentioned in IPS document

2747, nov17 Court exbibi t 1355. The introduction of

t' ose suml"mries 1.nstead 0":'" the ent.ire re~Jo,:'ts from

v:bich they Y!erB taken ,,,ras authorized by tl:~is TribD.nal

in its order of 6 December 1946.

In our subseq.uent presentati on ot other

sumnlal"ies ',"'e shall, for the sake of avoiding need-

less repetit.ion, refer to the particular reports from

wl:ich they were ta!-ren, by t.lleir IPS and Judge Advocate

General. numbers.

THE PRESIDEtJT: Admitted on the usual terms.

CLERK OF THE COURT: Prosecution's document

Ho. 2801 will receive exbibit No. 135S:.

(Whereupon, the document above

referred to ~as marked prosecution's exhibit

No. 1359 and received in evidence.)

~J1B.. LOPEZ: Fl"'om exbUli t 2801 we read the

I I I

I I

I

!

I I

I

I j


1

4

5

7

81 I

9

10 ! I

111

12

13

14

t5

16 I

I 17

18

19 I

20

24

25

12,386

----------_._------------------_._-_.

fo11ow1n<s--

THE PRESIDENT: E~1ibit 1359.

MR. LO PEZ : I am sorry, JTour Honor. From

exbibi t 1359 vITe read the following:

Page 1, second paragraph, first sentence: ,

"The headquarters of the Philippine Red

Cross at the intersection of Isaac Peral and General

Luna streets near Taft Avenue in ][anila during the

early part of 1945 and mai1Y yee.rs pX'ior W8.S locat.ed

in a bt'1.ilc~ing pron,linent both as t.o place and size

8nd on all ,dates referred to herein, bor~ large

Red Cross emblems on its walls and roof and in

every w inc10w of the bu..iIding (R 2, 44, 45)."

,T}ffi P&~SIDENT: Mr.,Lopez, if you read a

little slower we would pick it up more rapidly.

MR. LOPEZ: I am sorry, your Honor.

Page 1, fourth paragraph:

IILater in the same day, at about 1800,

when approximately seventy persons, including seven

patients, five members of the staff and the remaining

refugees, were in the building, r,ass Gliceria ANDAYA,

a nurse, and some others, unidentified, 'Were at the

rear of the ~remises preparing to eat their evening

meal 'l,J1"en they heard sbots at the back gate and an

unknov'n woman entered scream:i.ng t.hat a c;"ild had been


1

2

I 31

4

5

sh.ot and bebind her came four marines ~ one of whom

was an officer whp began firing his revolver at the

children in the building. Miss A"t!'D.AYA ordered

everyone to lie flat on the floor a.nd almos t everyone

obeyed except one nnidentifiable crying child who

was silenced 'Nhen three bullets were fired directly

into its mouth (R 47). Through the interpreter,

8 Corazon ABEljLARA, the J"alx::nese were advised that

9 Miss AJ:..J'DAYA was a Hed Cross nurse and tha.t they

10 i were in a Red Cros s buildj.ng and "lere asked vvl:a t 1 .

11 tl-:ey wanted. ~'lhey answered by point:1.ng a gun ather

12 2nd sbe got behind the nurse who 't"vas tben bayonetted

13

14

15

16

17

18

19

20

21

22

23

24

25

in the chest, causing tel" to fall to the floor.

She did not faint until after she ~ad seen them

enter the ot.hel'" room and bayonet and s):-,oot the

patients lying on the cots (Ex. B; R 45, 46, 47, 59).11

Page 2, paragraphs 1, 2, 4 and 5.

liThe commotion and the sl'!.rill cry fgiven by

Miss A?:IDAYA as she was bayonetted were heard by Mro

FAROLAN who had been at his desk on the.other side

of the partition se~arating them, talking with Dr.

German de VENEeIA vlho was 1J1'eparing for an operation

(R 4, 52): Hr. FAROLAN hid under his desk just be-

fore one of the marines entered the room and killed

Dr 0 v"E11ECIA witt two sb.ots from l~is rifle. A


1

2

3

4

5

6

7 .'-~

\ 8

9

10

11'

12

13

'14

15

16 /

'~

" 17 t '

18

19

20

21

22

23

24

25 "

/

(

12;388

-------------------~~,------------"-''----

,

volunteer attendant known only as Lydia, attempted

to protect the qoctor by saying, 'He is our doctor~

please save him,· and the marine thrust 'his bayonet

,at her, missed., 2nd she feigned death. The assailant

cono~~,inued, bayonetting six other patients who were '.. ", - " ..-

lying on orhi~ing undel' cots in that room, among

'IHhom we~te Mrs. Juan P. JUAN, her daughter Paulina

ZABALA, and her '!~en days old baby, Rene ZABALA , ,.-

- (R 4). Following tLis the lone marine l~ft the

-room and could be heard going through other parts

of the hospital killing and, bayonett5.ng the

:yictims (R 4). 'Nhen Mrs. ZABALA t s husband found '/

the bodies tVilO days la,ter; '~hat of his wife shQwed

that she l:;ad been baJronetted ip the mouth and

abdomen andsl~otthrough the' chest, vvhile the

condition !3-nd position of the child's body :i.ndicated

tha t he bad- been bayone;~ted in the right arm and

had bled todea th ' or suffocated under '"is moth.::l'" s

body (R 39).

itPatrocinio AEAD, a movie 2,ctrcss wbose

screen name was Corazon rOBLE and 1Nhohad taken [ . I

refuge a~-, the headqua~ters '> 'was in the downstairs I o'or1"1dor along withso:ne' twentY':'five or thirty others I when the Japanese came , and attempted to --hide bel-dnd

a medicine cabinet with her teft months old baby,


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

( 17

18

19 I

20 I 21 I 22 !

23

24

25

,12,389

Max'ia Louro.es VERA. The cover i."!as Ll.sufficient and

she was shot i1) the right elbow, fell and lay prone

",lith her baby under her. Tr:e marine was not satis-

fied anc~ st.abbed her ,d t.h his bayonet nine times

on her side and back (Ex. B, C, I; R 14, 16).

Later she ~ave t.he cbild to her broth~r to take

to a doctor but it died as a result of three bayonet

H01..:nds.

"The carnage covered the entire ground

floor and continued for twenty or th~rty minutes,

after '7hich the Japanese departed (R 42). Cursory

examination of the preDises tbat night revealed

nur.1erous bodies c1.nd. after U·~e building was burned

13 February, ashes, bones, and bodies vl!ere found

piled in COrn8l"S, along the corridors and in the

latrine, identifiable only because some survivors

were able to point out the locations whore various

victims had cowered for protection (Ex. E; R 31, 40);

si~jlarly, record files and safes together with

their contents were destroyed by fire before they

could be examined (R 7).

tIThe estimates as to the number killed vary

considerably, two of the nurses placing it at t1;venty

(n 52, 56, 59); anot.her, at approximately tLirty

(R 31); the surviving German at eighty (R 64); the


,-'

1

2

3

4

- 5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,390

manager, firty (R 6).; while another survivor thinks

there vvere thirty or I'10re en 71); and a wi tness who

ent.ered the building the n.ight of the masse.ere said

he saw twenty bodios in the ballway and did not.

look into the rooms eR 30)."


12,391

1 '-'Te introduce

2 MR. SO~''iIYA: I am counsdl SOI1IYA. I should

3 like to call the .Court1s attention to the following f

the statements of facts -- which

5 have just been r.lnde bJr thepros8cutor concc;rn the Navy.

6 However, OKA, SI-I HMDA, cmd NAGANO who are 2mong the

7 defendants had nlr82dy rl:ttrtJd frorr~ the NL2.vy c::t thJ time

8 those incidents -- those fucts ~hich the prosecutor

9 referred to occurred.

10

11

12

13

14

15

16

17

18

19

20

21

22 i

23

24

25

THE PRESIDEl~T: You c.:~n st2te that again 2.t

the proper time, not now though.

Mr. ~opcz? it is pointed out to me by a

colleague that so far you have not rend into the

transcript the date of this alleged 6trocity. From

a ~aragraph not read it appears to have been the lOth

of February 1945.

Proceed vIi th your next exhibit.

rm. LOPEZ: We introduce as our ftrst ";7itness,

Miss 1'irmda O. Werff, to t8stify on improper conditions

at Los Banos Civilian Internment Camp.

Tfili I,,,IONITOR ~ Mr 0 Lopez, your brief here,

as we read oV.er the simultcmeous channel, St2ti;:)S the<t

the first witness is russ Patrocinio Abad. Is that

wrong?

]iR. LOPEZ: She h28 not arrived and that is


\

• 12,392

Y!ERFF . DItmCT

I .------------------------.--.-.. -.------.--:... ----.----'---~.---

i

1 the reason 'why WR are putting on Miss Werff. ,~Uss

2 Werff- i~/J;~ying her best to get,,:,:,eu.~ of Tokyo. '" ", . " .•.. . :.~ . .-: .....

.. ..~ '. " 3

4

5 WAN D A O~ WE R ~ F, called as'a witriess

6

7

8

9

10

11

12

13

.' 14

15

16

17

18

19

20

21

22

/";

on behalf of the prosecution, bein~ first

duly sworn, testified as follows:

DIRECT EXAEINATION

BY }$. LOPEZ:

Q Willy~U pleas-e give your 'name, age ,.~occupat1on

and residence?

A Wanda Werff, 25, Headquarters PAC USA , secretary.

TEE PREFIDENT: We adjourn until half-past

one.

(Whereupon, at 1200, a recess was taken.)

If

r, i

l I

I I i

~3

24

I , I

I-I

t l

,

,

,,' .. PURL: https://www.legal-tools.org/doc/754447/

12,393

vr E R~ F F DIRECT

1 I AFTERFOON SESE] ION

-, 2

W h 3

41 a 1

The Tribuncll met, pursuant to recess ~ at

1330.

e 5 j\:[A!:WIIAL OF TH:'I: COl'RT;; The International n

6 &

=Filitary Tribunal for the Far East is now resumed.

7 S

THE PRESIDENT ~ I-'1.r. Lopez.

P 8 IE. LOPEZ: If yuu.r Eonor p103se ~ I should r a ()

.'

t 101 t

like to e,slc permission to pursue my examination of

the vd tn8s s •

11

12

13 W·A N D A o. W E R F F , called as a vvitness on

14 behalf of the prosecution~ rGsumed the stand

15 c;nd tGS tified as follovvs ~

16 DIRECT EXfl,nNAT ION

17 BY 1m. I~OPEZ (Continued) ~

18 Q 'When the war broke out in the Philippines

19 v7here were you?

20 A I W2S working for the War Department at Fort

21 Santiago~ Manila.

22

23 ' Q 1:rh2t iiv8S your pOSition, please?

24 A I was secret2ry.

25 Q Your pres8nt position now, please?

A Sucretcry to the Judge Advocate, Headquarters

, --_._---_._----------_.


1 I 2

3

4

12,394

'NERFF DIRECT

Pacific Air Command.

Q

A

Q

Here; in Tokyo?

Yes.

1':Jhen the J-apGneS8 first ent8red Ivlc:mila

5 on 2 Janu2ry 1942? where YJere you?

6 A I -was at my home ~ 1128 C2lifornia Street,

7 M~nila, Philippine Is12nds.

8 17ere you ever arrested 2nd intorned by the

9 Japenese forces?

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

A Y8S, I 1jJ('~s, on Jan\t2,ry 3, 1942. I VIas

put in Santo Tomas Internment Camp up to December

10, 1944.

Q From December 10, 1944 until your libera-

tion, where ~ere you, please?

A I W3S intl:lrned CIt the Los Banos Internment

C2mp.

Could you tell us the circumstancos under

which you vvere moved from Santo Tomas to Los Bnnos

Camp?

A On December 10, 1944 the Japanese Com

mo.ndant notified 150 internees of Santo Tomns to

get ready for a move to Los Banos. At two olclock

in th8 morning of Decen,ber 10, 150 of us g[~ thered in

front of the m8.in building in Santo Tomas InternnlE:mt

I ___ cam~, 2nd were counted. VIe were put on trucks Elnd

---


12,395

\VERFF DIRECT

I tc,ken to Tutub8.n St8.tion, wheI'e again the roll was 1

2 cJ.lled 0 The Jnp2.nose guards then told us to load

3 in one of these box cors, which W8S made out of

4 s teul without any windows. The group of 150 con-

5 sis ted of 120 persons over the age of 50, and 30

under the a oP'8 of 30. Fe filed into the box car with ~

7 7 or 8 guards., Most of us W'::lre standing with some

8 of the few older people si tting down. Pe started

9 [\ t t·wo 0 I clock in the morning and [lrri ved at Los

10 Banos Stntion at eleven o'clock that sc~me morning.

11 In the meantime, some of the (Jlde:;::> peOI)le had al-

121 re2dy pf..1ssed out from suffO c&tion. UpO!l arrival

13 at the Los Banos Station the [;U[:r0.5 told us to get

14 off ~:md to line up on the road ~ By thn t time mos t of

15 I 16

1 I

171 I

18 I

191 I

20 I 21 I

221

23 I

24 i

25\

us iJvere exhu"lsted and w<::lo.kened from th8 trip 0 He

stood at attention on the road under ttB hot sun up

to four olclock th&t afternoon. At four olclock the

Japonese gunrds told us to start marching to the

camp? which was two miles south of the station. 'lie

started m2.rching 2nd arrived ot Los Banos Camp at

eight olclock that night. Only half of the group

arrived, the others having fallen out during the

T' h l'!J.2.rc • Some of them we saw again; others we never

laid eyes upon.

1 __ .

Hiss 1JTerff ~ when you arrived at Los Bnnos


1

2

3

4

5

6

7

." 8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,396 PERFF DIRECT

-----------------------------------------~----------~

Camp were you given Qny food?

l\. No food was prepared for us, end we didntt

eat until next morning at ten otclock, vvh0n vve got

the usual rice, corn~ and water.

Q Could you t~ll us the number of internees

vvhen you got thereih that camp?

A ,There were '1950 internees in the Los Banos

Camp 1 and with thu new group they amounted to 2025.

Q '7ill you jJleo..se describe to the Tribunal

the living conditions in the camp when you were

th8re?

A Living conditions were protty poor, with

96 to one barrack v The water supply was very poor.

At times we would go for four or five days without

any wnter supply at all. Cur latrines were the

regu12r open type, and no disinfectant was issued to

prevent disease. Drinking water had to be boiled,

and usually it was too dirty to even wash your

clothes.


1

2

3

4,

5

6

7

8

9

10

11

12

13

14

16

17

18

19

20

21

12,397

WERFF DIRECT

Q Were you provided with medical supplies in the

ce.mp?

A No. No medical supplies were issued to us,

and the little thrt we hed on hEnd would not h2ve even

been enough to divide equelly among the peticnts. It

would not have had any effect at 211.

Q Are you familir,r with th~:t section of the

Philippines where Los B2.nos Camp w[.s locf':ted?

THE PRESIDENT: Whet c:bout food?

THE \<lITNESS: At the.t time we were getting

exactly two hundred grams of rice, corn and water.

One meal a day.

Q Are you f2milie.r with thct section of the

Philippines where Los B['Uos Cr,mp w[s Iocr ted , Miss

Verff?

A Yes. It is considered one of the most fertile

regions in the Philippine Islrnds.)

Q Before the outbree.k of the WET did you frequent

that C'.r2Q of Los Banos?

A Yes. Most of us used to go there for the hot

22 springs.

23 Q WhEt plants and crops were abunde.ntly p12nted

24 around thr:t 2rC2 of Los Benos?

2) A Corn, coconuts, rice, suge.r, bt.nanas, sweet

potGtoes, m2ngoes, chtcos. I guess th2t is ['bout all.


1

2

3

4.

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

24

25

12,398

WERFF DIRECT

._----------------------------_. ---------~-------

Q Did you end other prisoners complt.'cin to the

Japanese authorities in the cemn ebout the leck of food

that you were getting?

A Yes, we did complain, but they nlways told us

thc:·t they did not have enough food to feed us with,

t::nd thet even the Jcpanese did not h['ve enough, v"hich

we knew WLS not true becf:use ct night we could heer

the pig~ squec,l [md the chickens cackle; tho Japanese

were killing them for their next morning's meal. Also,

on one occasion I SeW E truck lood of rice being

brought into ccmp which We s throvm in one of the Vlor€-

houses, Dnd we never did see ony grL:in of thDt rico • . Also, the fl:Lipinos would try to bri.ng us some food

from the mountc:ins, cnd they were [lw['ys driven f'.wny

by the Japanese gucrds.

Q W ('re there bcnc:ne g::-O'il'6S 2nd coconut trees

surrounding the ccmp?

A Yes. About twenty feet from the fence you

could see thousonds of bonanc trees so locded with

bcnEnas thF:t the Filipinos used brmboo poles to keep

the bEnc:ma trees up. Also, one side of ou.r C2mp wc·s

surrounded with benann groves end the other side v1fi th

coconut trees loaded with coconuts.

Q Are you fl::',milinr VIi th the nutri tionE'.1 value

of young coconut fruits, Miss Werff? ---------.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16 :..

17

18

19

20

21

22

23

24

25

12,399

V!ERFF DIRECT

A Yes. The milk of young coconuts is very nutri'"

tionE:l, end 2t thct time we h<.:d ebout 400 children in

cBmp which the milk would have done 0 great deal for.

Q Do you recall if yqu Dnd other internees re

quested the Japanese to allow you to pick some of those

fruits for your consumption in the camp?

A Yes. We did ask permission, but they never

granted it to us.

Q During your confinement do you remember if

the internees were clloc['ted r. pGrcel of I.e.nd around

the camp where thE:;Y could pl2nt veget2bles End other

foodstuffs for their consumption?

A Yes. The Jnpnnese [.lloc,~ted nn c:: rea of It-nd

to the prisoners at Los Bnnos Cemp. The men plowed

the earth, one m[n ~cting os the drcft rnimnl; he was

hLrnessed to the plow, and the other mon led the plow.

The women would plnntthe seedlings.

Q WhGlt plr:nts were plantf.,d, pleDse?

A Corn, lettuce, cabbage, radishes, garlic,

onions, sinkamas and pichay.

Q Could you inform the TribuDE:I if you [md

the other internees were able to h(~rvest those plants

which you sowed end planted?

A When the harvesting season came rourtd, the

Japanese put the area off limits and threctened any


12,400

WERFF DIRECT

1 internee if cHught nE2r the areD. thr:t they would be

2 shot r.t sight.

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Q At that very moment, or th~t p8rticul~r time,

whet WD.S the diet that you he.d at thE; camp?

A We WEre getting one meal e day consisting of

rice End water. And to ~dd to the rice and ~atcr most

of us ate dogs, cats, cockroaches, snails, slugs;

some even went to the exte~t of e~ting rets and weeds.

Q Do you heppcn to knmi [m int(rnee of thc-:t camp

by the neme of George Lewis 1-e-w-i-s?

A Yes; George Levlis yo[<'s a Pan AmE,rican Airwnys

employee of [bout 28 years old, C?nd one of the pris

oners at the camp.

Q Could you tell us, pleDse tell us what hap-

pened to him on 28 Janu['ry 1945 in the camp.

A On 28 Jenuery 1945 George Lewis was on our

side of the fence digging for some weeds in the gutter.

A JapDnese gUDrd shot him, but the bullet just grazed

his shoulder.. And without a summary trial of any sort

George Lewis. thDt afternoo~ at around 2 o'clock in

the afternoon, he wes executed for ettempting to

escepe~

Q When you were liberated in Februery of 1945

will you be good enough to tell us, Miss Werff,

just how much you weighed?


1

2

3

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

25

12,401

DIRECT

A I weighed 88 pounds.

rr- on yon entered Santo Tomas for the first

tine as a war prisoner, or as an internee, in Jan-

nary of 194~how much did you weigh?

A I weighed l52.

Mil. LOPEZ: Your v!itness.


D 1 U d .2 a

;) . ~ ' ..

4 r:' c:.

C ;S e 1" 6

'!1 ,

3

9

10

11.

P ,,"

15

14

15

16

17

18

19

10

21

22

23

24

2'

12,402

WERFF CRO,SS

THE PRESIDE!llT: Counsel SmUYA.

~/IR .. SmUYA: I amSOMIYA, Shinji, defense

counsel.

CROSS-EXAMINAT ION

BY MR. SOlArYA:

Q When you were interned, during the period

of your internment in Los Banos, were not the

Philippines suffering from a sever'e food shortage?

A At the time of my internment, I donlt recall

ever knowing of the Philippines suffering from a

severe food shortag~

Q Is the climate at Los Banos divided into the

ory season and the wet season?

A Yes, the climate at Los Banos·is divided into

.the dry and the wet season~.

Q Is there not a shortage of 'water during

the dry. season?

A At Los Banos, is that?

Q Yes, at Los Banos.

A Not to my knowledge. There are quite a few

waterfalls there. I don't ever have remembered of

Los Banos being country where there is a shortage of

water, especially with the hot springs.

Q Do not these waterfalls dry up in the dry

season?


1

21 ·1 3,

I

41 5 I

I 61

71 I !

8

9

10

11

12

13

14

15 I

16 I

17 I,

I !

18

1 19 I

I 20 i

I 21 I 22 !

!

231

241 251

I

i

1-

12,403

WERFF CROSS

A No, ~hey do not.

Q Was there a water system in the cam,?

A Yes. The water system would come from the

mountains and it was ta}:en to the camp in bamboo

tubes •.

MR. SOMIYA: I conclude my cross-examination.

jj '. THE PRESIDENT ~ ~[r. Blewett.

:MR. BLEWETT: If the Court please.

CROSS-EXAMINATION (Continued)

BY MR. BLEWETT:

Q Miss We1'"ff, who was in .charge of the Los

Banos camp, if you kriow?

A At that time it was a Mr. Hikert, was the

chairman of the committee at the time I was there.

Q Were there any Japanese officers there?

A Yes, the d.~mmandant at the camp was a

r!l"Iaj or IWANAKA, and his assistant, S~~rgeant KONISHI.

There were about fifty guards around the gates; and

under the commandant, he had about fifteen in his staff.

Q Of what branch of the service were t he guards?

A They were military; they wore military clothes.

Q Di~ you see the insignia, or was ther2 any

insignia on the uniform?

A I dontt understand the military rank of the

Japanese Army. But they did have stripes on their


2

3

4

5

6

7

8

12,404

VlERFF CROSS

sleeves 3na up on the shoulder.

THE PRESIDENT: Did they belong to the L rrr:y,

the N 3.vy ~ or the Air Foree? I think that is wha t you

are asked to say_

MR. BLEWETT: That is right, sir.

THE 'iiJITNESS:

. belonged to the Army.

~ell, I gathered that they

They woro khakis, green suits •

Q But you couldnlt tell us ~h~ther they were

9 Army, N.avy, or M~rine eorps, is th'Jt correct?

10 A I couldn't tell n~Q~t the guards. But I

11 kn·.:;w the commnndant was A':'my. He was Ivbjor IWANAKA ..

12 Q Was ho the highost-rstnking Jananese officer

13 that ~rou saw at Los ,13anos during your stay?

14 A At Los Banos, he was the highest ranking.

15 At Santo Tomas we st::w General HOMMA.

16 At Santo Tomas, I a sSUtle from your tGstimony

17 that your treatment was quite all right there?

18 A I didn't testify against Santo Tomas. I

19 didn't say a word about it. 20 MR. BLEWETT: That 15' all, ~~iss Werff. 21 Thank you_. 22 T,m. LOPEZ: No redirect .. 23 THE PRESIDENT: The witness is released on 24

the usual torms. 2)

(Whereupon, the witriess WRS excusedi)


1

2

3

4

5

6

7

Q (3

9

10 :

11

12

13

14

15

16

~ )I<-

17

18

19

20

21

22

23

24

25

12,405

-_._--------

l'llR. HORWITZ: We· tender in evidence IPS

document No. 2813, which is nsum~nary of evidencG of

JAG Report No. 88 on the massacre in the house of

Dr. I\foreta at 417. Isaac Peral Street, t'Ianila, in

February 1945.

THE PRESIDENT: Admitted on the usual terms.

CLERK OF THE COURT: Prosecution's document

No. 2813 will be given exhibit No. 1360.

(VlThereupon, the document above

referred to was marked prosocution~s exhibit

No. 1360, and was received in evidence.)

r~. HORWITZ~ We read paragraphs i and 3 of

that document:

"On 17 February 1945, approximately sixty-three

Spanish, Filipino, and Chinese civilians had taken

refuge at the house of Dr. Moreta ~t 417 Isaac Peral

Street, Manila, P. I. About noon, a group of about

twenty Japanese riiarines entered the building and, at

the direction ~f an officer, separated the men from

the women, placing the men in t'ho bathroom and the

women in the kitchen.

IIThereafter sov,:;ral grenades .were thrown into

the bathroom by the Japanese, resulting in the death

and wounding of many of the memo ~·feanwhile, many of

the women were bayoneted, stabbed or shot, while


12,406

----------------- ---

1 while others were dragged upstairs by the Japanese

2 and never again saen alive. None of the survivors

3 witnossed the reping of any of the women, but the

4 bodies of several of the women were mutilated and

5 boro indications of having baem violated. II

61 7 I 8

9

10

11

12

13

14

15

16 . 17 ('

18

19

20

21

22 ,

23

24

25

- - ----------


1

2

3

4

5

61

7 I I

8

'. 10

11

12

13

14

15

16

''''''''" ) .. 1

-.;"

17

18

19

20

21

22

, 25

24

25

We offer in evidence IPS document flTo.

2812, which is a sUr.J.Ina,ry of evidence of JAG report

No. 70 on the massacre in the bouse of Dr. Price at

Colorado Street in Manila in February 1945.

THE PRESIDENT: Admitted on the usual

terms.

CLERK OF' THE COURT: Prosecution's docu-

ment number 2812 will receive exhibit }.TO. 1361.

(Wrereupon, tl1e document above

referred to was markeo prosecution's exhibit


MR. F.ORT~'ITZ: 1~re rea0. from paragraph two

of that document, the first and last two sentences.

(Reading: )

"The number of people assembled at the Price

res idence is variously estimated at from tirJO hundred

to seven hundred.

"The Japanese tren walked among the victims,

and with bayonet or' bullet, adminis tered the coup

de grace to those who made a sound or movement. A

supply of whiskey was then discovered in the Price

reSidence, and afte~ an orgy of drinking, the Japs

urinated on the dead bodies, and also caught a pig

and permitted it to lick tre blood off the floor."

THE PRESIDENT: Wf'at is tre date of that? ----------_._--


12,405

, ______ • ______ •• __ v __ • _____________ • __________ • ____________ ~._-_-_.- •• --- 0------

1

2

3

4

It seems to be dated tbe 9th of February, 1945. You

haventt read that.

MR. HOR"'ITZ: 9 February 1945.

THE FRES IUENT: ~F1hy d idn 't you read the

5 pa~sage you omitted, between the eycerpts you read?

6 MR. HOR'"!fZ: The rna ter ial in there would

7 be repetitious ~n6 We wish to point out merely

8 the main event at that point, your Fonor. •

9 TEE PRESIDENT: ,You left out tbe most im-

lOi portant part. Better not reed it at all than read

11 it this way.

12

13

14

15

16

-17

18

19

20 I

21

22 '

23

24

25

MR~ HOR'~ITZ t If your Fonor please

THE PRESIDENT: The pig episode is not

worth p;tving any II ttention to an'd that is a bout all

you read. We don't know under what circu.rnstances

these pSbple died, whether illegally or otherwise.

MR. HORWITZ: In thet event I will read

the w~ole of the second parapraph.

TF:: pnESIDEIVT: Allor none. I hope you .

haven't-any more passages like this.

MR. HORvfITZ: (Reading) "The nurr:.ber of

people assembled at the Price re,s idence is variously

estimated at from two huncred to seven hundred.

Japanese sentries appeared at irregular intervals,

but apparently did not molest any of the refugees


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

'.' 17

18

19

20

21

22

23

24

25

until about 1700 in the afternoon, at whicl" time

approximately thirty merines, commanded by three

officers, appeared on tbe scene. ~~'rten tr'e marines

appeared many of tbe refugees were inside tbe house;

otters bad taken stelter in the basement, while

12.,409

still others were lying against the walls of the

house and garden, using bundles of food and clothing

as barricades. The Japanese marines carne into the

garden shouting and shooting, and after a few minutes

shouted an order in English fortre people inside

the house to come out~ Those inside filed out, and

when trey reacted tbe garage at the rear of the

premises, the Japanese opened fire on them with

machine guns, rifles and pistols. The wrole group

fell to the ground ~ither dead, wounded or feigning

death •. T~e Japanese then walked among the victims,

and with bayonet or bullet, administered the coup

de grace to those who made a sound or movement. A

supply of whiskey was then discovered in the Price

residence, and after an orgy of drinking, the Japs

urinated on the dead bodies,' and also caught a pig

and permitted it to lick tr'e bIood off the floor."

We offer in evidence IPS docur~ent No.

2845~ which is an affidavit of Basilio Umagap on

atrocities at the Pons residence in Manila in


12,410

--------_._-----------------_.

1 February 1945.

2 THE PR.ESIDENT : Admitted on tbe usual

3 terms.

4 CLERK OF THE COL~T: Prosecution's docu-I

5 ment No. e845 will receive exhibit No. 1362.

6 (i''t>ereupon, the document above

7 referred to vIas marked prosecution's

8 eybibit No. 1362 and received in evidence.)

9

10

11

12

13

14

1)

16

17

18

19

20

21

22

23

MR. HOFtWITZ: From page two of that docu-

ment, we read the ei?hth question and answer:

(Reading)

IIQ 'li~en tell wra t l:appened.

"A Trere V'.1ere tablE:;,g irsice the g-round

floor, so the Japanese moved the~ to t~e side, and

we ~ere placed in the mj.ddle of the room. Then

the Japanese l'avine a §'un placed af·l )y..unition and

be?an to shoot us. T~e first one stot was ,~.

Pons; second, Isaac; third, Hrs. Pons; fourth, Eva;

fifth, Pacita; sixth, Candida; eighth, Delfin;

ninth, Virginia; and the last was t~e baby_ Tte

baby was shot lsst because the Japanese was about

to leave t~e ~ouse when ttey ~eard the cry of the

24 baby. The Japanese returned and shot the baby.

2) While we are moved into the ground floor, I was

trying to untie the knot in my hands. I was able


------------ - -- ---- -- --- ------- - - _._._------_._-----_.

1 to take off t~e knot of one of my ~ands and when

2 Isaac was stot and drop red to the floor all of us

3 was pulled down, thus all of us dropped to the

12,411

4, paveMent. By this way, the knot on my other arm was

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

untied automatically. I then slipped and crawled

to a nearby corner where an armchair was located.

I lay fIB t with my face down'lJ"ard and with my two

palMs covering my fEce."

me offer in evidence IPS document No.

2802, 'w!> fch is a sUnL1"'IC?ry ·of evid ence of JAG. report

No. 27 on tte W?S9aCre at De La Salle College in

M 'I {·anl a,

terms.

in rebrt..lary 1945.

THE PRESIDEfa' ~ A(j;')~.tt8d on tl:'e usual

CLERK or TEE C:C'URri': ?r,_, E:2cution IS docu-

ment No. 2802 will recp~vs e~~ij~~ Ko. 1363.

('~'hereu'Pon, the d08un.ent Ebove



MR. POR'~·ITZ: we read from tba t document

22 the following: (Reading)

23 'Page 1, paragraph 2.

24 liTre De La SalIe College, 1501 Taft Avenue,

n Panila, Philippine Islands, is a Catholic educa-

tional institution but due to \W.r..J:~Qnditio.n~..w:as_....L.nll..oLJ.t'__ __


12,412

------------ -------- ~-- --~------

1 in active oper8tion,a~d was temporarjly used by

2/ the Japanese as a hospital until .Tanuary 1945 when

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18 I

19

20

tre families of Don Enrique VASQUEZ PRADA, the

related families of Judge Jose R. Carlos, Dr.

Antonio COJUANGCO and Dr. Clemente UYCFUICO together

Bith their servants, took residence therein with

seventeen Lay (Christian) Brothers who were faculty

members, seven servEnts and employees of the school,

and a refugee priest, ~aking Prancis J. COSGRbVE,

who were already lj_ving there, making a total of

sixty-eight people residing in the i~stitutiono

Shortly tre,..cafter, an ul"ident:Lfieo number of

Japanese I\~arines or Navy men occupied a portion of

the first floor. 1I

Page 2, p8r2graph 2, first three sentences:

"Shortly after the shots were reard, the

officer went to the Nippon Club but returned to

the College and instructed the soldiers to murder

all the people; they began srooting and bayoneting

21 trose wl'o were downstairs in the corric1or. Many

22 t.id in an improvised air-raid srelter on tbe first

23 floor and 'Nhen the Japanese hec:rd tre cries of the

24 women and children and the prayers of the Brothers,

25 \ it attracted their attention and one of the soldiers

1_ car!,ying~J:_~!llj) __ <?_am~ into tbe 8rel ter, ordered th_ .. e_m __ _


14,413

------ ._._-_._- ---_ .... _--_ .... _._----_._---_._------

lout and as they left the Japanese struck them with

21 the butts of their guns. They were then forced

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

22

23

24

251

to face tbe wall ano the officer cc~e down from

upstairs and gave instructions to start killing,

wrereupon they were srot and bayoneted."

Page 2, the last paragraph:

"There is evidence that an e ttempt v'Jas

made to rape some of the victime and the body of

Asela CARLOS was discovered en dishabille and in

such a position as to indicate s~e bad been violated.

On the 13th the Jananrse returneo and when they saw

the body of fourteen-year-old Fortunata S~LONGA

lying in an eyposed condition, attempted to have

intercourse with rer altrough sre had been dead from

eight to ten rours and rigor mortis hac set in.

An enlisted man attempted to violate riss ·Ro~ario

ClllLOS but left when an officer saw him. Servillano

AC"UINO and Dionisia CARLOS stated they saw a Japanese

soldier rape Isabel LA~mAN, but sre denies tho t such

act occurred. That evening the Japanese came back

and kicked the boc ies in an effort to finc. out who

were still alive but those who were dared not move or

make any noise, whereupon attempts were made to burn

the south wing of the building and while Brother

L HUBERT W8.S~D9_.§l8Vnri!:l:.L_ to extinguish the flames he __ .


2

3

4

5

6

7

8

11

12

13

was observed and killed."

THE PRESIDENT: ,rYhat is the exact oate

of that?

MR. HORV~TITZ: 31 January.

THF: PRESIDENT: It see:~s to be February,

isn't it?

MR. HORwITZ: Between 7 and 10 February,

your Eohor.

TEE PRESIDENT: Tenth of February 1945.

MR. EOHwITZ: ,~re offer in evidence IPS

document No. 2849, which is a transcript of the

testimony of Nena Alban at tbe trial in Manila of

the former Japanese General I\Tasararu HOMJ,,~A. Tne

12,414

14 witness deScribed Japanese atrocities in Manila dur-

ing early days of Jaranese Occupation in 1942.

16 THE PRESIDENT: Admitted on tre usual

17 terms.

18 State the date in each case.

19 CI,ERK or THE COURT: Prosecution's docu-

10 ment No. 2849 will receive eyribit No. 1364.

21 (~~ereupon, the document above

referred to was marked prosecution's

23 extibit No. 1364 and received in evidence.) 24

251

MR. HOF;I'trf.'z: On page 1 we read from that

document the 4th, 5th, 6th and 7th questions and , I __ a_n_swers. (Reading)


1

2

3

4

5

6

7

9

IIQ

"A

!lQ

"A

I'Q

"A

!lQ

tlA

What is your profession?

A nurse, sir.

Were you working in 1941?

Yes, sir.

As what?

As a social worker.

Fo~ what organization?

12,415

The American and Philippine Red Cross."

On page 1 we read the 12th question and

10 answer:

11 "Q (By Colonel Lim) Dnr ing the months of June

12 and July, 1942, did you know that the Japanese Army

13 was occupying the grounds of the San Beda College?

14

1')

16

18

19

23

24

25

"A Yes, sir."

On page 2 we read the 5th question through

to the end of the 5th question and answer on page 3.

"Q Go ahead, please.

IiA 7.he first afternoon I saw four Filipinos

were m2~e to kneel right at the edge of the creek

and beheaded, and the bodies fell into the creek.

"Q How many Filipino$ did you say?

"A

"Q

Four Filipinos.

Who beheaded the Filipinos?

"A The Japanese soldiers.

"Q Did you see anything else?

"-_._---... -------------------- -- - - -


1

2

3

4

12,416

If A And the next one I saw were two Filipinos

were beheaded at the same position, but just very

near to the place whe~e the first time I saw.

Go ahead.

"A And the next one I saw were more or less

6 seven Filipinos who were made to ~meel on the bar

7 across tLe :101f in the ground and beheaded 9 and the

8 body fell right inside the hole.

9 Who beheaded these seven Filipinos, more

10 or less?

11

12 "Q Did you witnass any ot~er atrocities?

I ~nw ten Filipinos were standing inside

14 of the pit, and the sold iers beheaded them, the

1') Japanese soldier s.

16 "Q '.:fhat else?

17 itA And I saw four Filipinos were killed by

:18 judo. The Japanese soldiers took ahold of the feet

19 of the victims and struck the head right on the con-20

crete pavement. 21

ilQ 'Nas the Filipino killed? 22

itA Yes, sir; and the body thrown into the

creek after they were killed~ 24

lIQ Go ahead. 25

"A And I salN other atrocities. The Filipinos

------------------------ ---- ----- -------


12,417

----, 1 were tortured~ boxed, kicked, beaten by a business

2 of heavy wood ~ heavy sticl-::s ~ until they were flat on

3 the gr01md, and I have not seen them move againo 11.11

4 by the Japanese.

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 I

21 I 22

23

24

25

"COLONEL LIE~ What was that last?

II(Answer read.)

"Q (By Colonel Lim) Vlhat else?

"A I saw more or less 20 Filipinos who were

tied up right in front of San Beda~ and they were

kicked, boxed, tortured in diff~rent ways~ beaten by

the barbed wires, and all the bodies of the victims

were bleeding. When they pretend to scream or to cry,

they were' boxed rigl?t on the back of the head, and

they v~ere placed under the very hot sun.

Do you remember of any other atrocities

witne$sed by you?

"A Yes, I know so many_

Go ahead, please.

irA Another group of Filipinos were placed

nnder the sun and boxed right in the stomach, were

bea ten, we.re kic ked? slapped, and when they were al

ready sleeping the Japanese had a pail of water and

poured the water right from the head of the victims

to the feet.

ilQ Anything else?


,--

I

2

3

4

5

6

7

8\ 9

10

11

12

13

14

15 I 16

1

171 I

18

1 19

20

21

22

0:.::> ,) ~ I'

241 I

25 I i

12,418

---------.--~--- ... - ---- -- --- .----_.- --_._--_._-----_._--_ .. ---_._-_.-.--

"A Yes~ sir. Four Filipinos were killed

right by the side of San Beda College, bayonetting

them until the:r were killed. n

On page 3 we read the 8th question and answer:

ltQ Go ahead.

"A Two Filipinos were hanging from the tree.-

The Ie'S was tied with a chain, tightly, and 'every

Japanese soldiers that passed by, they boxed the

victims until he was dying."

On page 4 we read from the 8th question on -:

through to the end of the 8th question and answer

on page 5.

ilQ Anything else, 1'1rs. Alban?

"A Another two Filipinos were tortured heavily

in different kinds of torturing, and when they were

already helpless they were bayonetted and they were

killed, right at the side of San Beda, near the

bridge of Mendiola.

"Q Any other atrocities?

"A And another six Filipino victims 1.'J'ere tied

lmder the sun, very hot sun, and they were beaten

with heavy v:lood and kicked, slapped, boxed right on

the head, and pushing them against the barbed wired

fence~ and all of their backs were bleeding. 1I

On page 4 we read from the 8th question and


1

2

3

4

5

61

7

8

9

10

; 1

12

13

14

15

16

17

IS

19

20

21

22

23

24 I

25

12,419

answer through the remainder of the direct exami-

nation~

What happened to these Filipinos?

Wel1 9 they \lvere held in the stock by the

leg, group by group. They were in two groups.

There were six Filipinos. And while they were held

in the stock their hands were held also with heavy

stock, and they were boxed, they were pushed

They were pushed back against the fence 9 barbed

wire 9 and they were burned with the burning tips

of cigarettes, and I saw burning piece of wood put

Dnder the armpit of Rosalino Aurora, one of the

victims.

lIQ (By Colonel Lim) What esle, r~rs. Alban?

"A And another two Filipinos were beaten,

were pushed in the ground, kicked by the Japanese

officer, and then when they were already dying,

so helpless they could hardly move, they were

bayonetted. And one of them was Remigio Reyes.

"Q Do you remember of the case of Filipinos

whose eyes were bayonetted?

IIA Yes. Tbere were nine or more tied up

right almost near the corner of Eendiota and

Tuberias street, and they were bayonetted right

through the eyes, side by side.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,420

IIQ

"A

"Q

Who d.id this bayonetting?

The Japanese soldiers,

Did you ever witness the ltse of pliers by

the Japanese?

II 0, \ ~

"A

Yes, sir.

In what instance?

The victims, the Filipinos victims, were

tied and made to kneel right in front of the San

Bcda College building --

ilQ How many Filipinos?

"A Hore or less seven.

IIQ Seven Filipinos?

"A And their tongues were pulled out by the

help of the pliers, and I sm'! the tongnes hanging

up to the chest.

"Q Did you see these Filipinos alive again?

"A No~ sir.

--1

"COLONEL Lnl ... That is all with the witness."

We offer in evidence IPS d.ocument No. 2838,

which is a summary of evidence of JAG report No. 66

on the massacre at the German Club in February 1945,

in I.Ianila.

TI-:IE PHESIDENT: Admitted on the usual terms

CLErtK CD' r;;L.r:; COURT~ Prosecution IS docu-

ment No. 2838 will receive exhibit No. 1365.


(Whereupon, the document

above referred to was marked prose

cution's exhibit No. 1365 and received

in evidence.)

12,421

1

i !

j i

I I I

I i

I i

! !


1 A b 2 r a :> m

4 & i

5i

M 0 6 r s 7 e

s

9

10

11

12

13

14

15

16

J 17

18

19

20

21

22

23

24

25

12,422

11lFL. HOh\iHTZ: We offer in evidence IPS do.cu-

ment No. 2838~ which is a summary of evidence otf

JAG heport llJo. 66 on the massacre at the German Club

in February~ 1945~ in Manila.

THE PhESIDENT: Admitted on the usual terms.

CLERK UF THE COURT: Prosecution's document

No. 2874 will receive e:x1:ilibit No. 1366.

(Whereupon, the document above re

ferred to was marked prosecutionls exhibit


IVIR. EOI~WITZ: live read from that document the

summary of evidence~ with the exception of the last

two sentences:

"The German Club, the scene of the atrocity, is

located on San Luis street near its intersection with

San Marcelino Street, Ermita, lvianila, P.I. The build

ing is adjacent to the San Marcelino Church and COIn-

pound where twenty-six civilians were ~JXdered on 9

and 10 February 1945, and the perpetrators of both

atrocities are undoubtedly the same. The German Club

was managed by a IVlr~ and lVIrs. Ohauss (first names un

known), who were German citizens. On 6 February 1945

all the houses in the vicinity of the German Club were

surrounded by Japanese, presumably members of the Im-

perial Naval Ground Forces. This district was then -----------,- -----


,

12,4-23

I 1 I

-- - -------

21 3! 41 51 61

!

7

8

9

10

11

under heavy bombardme~t and shell fireo From 7 to 10

February 1945 at least five hundred civilian resi-

dents in the vicinity of the German Club took shelter

underneath the club from the bombardment and shell

fire. These people were crowded and jammed in a

four foot high space between the concrete floor of

the club and the ground. They remained there until 10

February 1945, leaving only on occasional secret trips

to s~ek food and go to the latrine in the club.

IIBetween 7 and 10 February 1945 the J-apanese

set fire to the Led Cross building at the corner of 12

13

14

i5 I I I

16 j I

171 , !

18

19

General Luna and Isaac Peral Streets and to all the

private houses in the neighborhood. At approximately

1000 hours, 10 February 1945, the Japanese surrounded

the German Club and forbade anyone to leave their

shelter beneath the club. While the victims unc,er-

neath the club were guarded with aimed rifles, the

J 9panese built an infla~~able barricade out of the

20 victims I clothing and personal possessions which they

21 had stored in the club. This barr lcade completely

surrounded the club, closely hemming in the victims

23 underneath. The Japanese then piled the furniture

24 inside the club, poured gasoline Qver the pile and

~ ignited it. They then poured gasoline over the

barricade surrounding the club .. B:nd_ignited ~_~ .. _~ __ _


12,424

! --- .-- .. _ .... _-_ .... _ .. _-_.-. __ . I

1 I the heat from the flames mounted, many men and women

ran out from underneath the club and attempted to leap 21 31 'over the flaming barricade.

4\ Most of these were

i 51 I

61 1

7

81

91 10 I

!

111 121

I 13 1

141 151

I 16 .

17 i

181 191

I 20 I

211 !

22

23

24

bayoneted and shot by awaiting Japanese. Some of the

women were raped and their infants bayoneted in their

arms. After raping the women the Japanese poured

gasoline on their hair and ignited it. The breasts

of some of the women were cut off by Japanese soldier~.

Bernardino Calub, the. house boy of the surviving eye

witness Francisco Lopez, was tied to a pillar of the

Lopez garage. The Japanese then proceeded to cut off

his genitals and thrust his severed penis in his

mouth."

We introduce in evidence IPS document No.

2874, which is a tra.nscript of the testimony of

Llariano del Rosario in the trial of YAM.ASEITA.

TEE PFiESIDEl~r: Admitted on the usual terms.

CLEhK OF THE COUhT: Prosecution's document

No. 2874 ·will receiVe exhibit No. 1366.

(Whereupon, the document above re-

ferred to was marked prosecution's exhibit

No. 1366 and received. in evidence.)

MR. HOltWITZ: We read from that document

25 the following: Page 1, 4th answer through to and


1

2

3

4

5

6

7

12,425

including the 7th answer:

"A I am the city undertaker for the City of

Manila.

Wore you so acting on the first part of

February and during February of this year?

Yes, sir, I was.

Pid you have occasion to go to the home

8 known as the Campos home, on Taft Avenue?

9

10

11

12

13

14

15

16

17

IS

19

20

21

22

23

24

25

Yes, sir.

IIQ' " When did you go there?

"A After the fighting was diminished to a

certain extent around that area, Idc:jor David Iinlrley,

liivision Sanitary Inspector,/of the 37th Division, and

myself went to the Campos residence to remove'the

dead bodies in that locality."

Page 1, the tenth question and answer:

How many dead bodie's did you find within

the Campos yard?

Approxim&tely about a hundred 1 sir."

Page 2, 2nd question and answer:

IIQ Did you have occasion to observe the wounds,

if any, on any of the dead bodies?

"A Yes, sir. More particularly so in that

crowd or in that pile that we found on the driveway.

We l\:ot,iced most particu12.rly a lady VIhose bren.st had


.-

1

2

3

4

5

6

7

12,426

been completely chopped off, and also we found a lady

whose genital organs had apparently been ripped off

with a bE).yonet. 1T

We offer in evidence IPS document No. 2873,

which is a transcript of the testimony of hosalinda

Andoy in th~ YA1ffiSHITA trial, relating how her

mother and father were killed and how she herself was

8 bo.yoneted 38 times in February 1945 at lntramuros,

9 Manila.

10 THE PhESIDENT: Admitted on the usual terms.

11 CLEhK OF THE COURT: Prosecution's document

12 No. 2873 will receive exhibit No. 1367.

13 nJhereupon, the document above referred

14 to was marked prosecution's exhibit No. 1367

15 and received in evidence.)

16

17

18

19

20

21

22

23

24

25

Nll\. ROHWITZ: We read from thr:t document

the following: On page 1, th~) first eight lines of

the direct examinatiQri:

"MAJ"Oh OPINION~ Do you believe in. God?

II'.:CHE WITNESS: Yes.

"MAJ-Oh OpnHON: Do you confess?

liTHE WITNESS: Yes.

"lv'lAJOh OPINION: Do you know th2.t to tell a lie

is a sin 8.nd it is punished by our Lord that you nay

be sent to jail?

\ I· i

1 I

I i I

\ ----------------------------------PURL: https://www.legal-tools.org/doc/754447/

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16 . I--.

17

18

19

20

21

22

23

24

25

lIThZ WITNESS: Yes.

"Q What is your name?

itA My name is I,osalinda Andoy.

"Q Age?

"A 110 11

On pug'e 2~ the 4th question and answer:

'lQ Did you go to the Manila Cathedral as

ordered by the J2panese?

" AYe s? s ir • "

1.2.,427

On page 2, the 11th atid 12th questions and

answers:

IIQ How mewy days did YOll stay in the Manile

Ca thedral',

I~ Only one day.

"Q From the ]'IE'.nila Cathedra 1 Ivhere were you

taken?

itA At the Santa hosa Church. 1f

On page 2, 15th and 16th questions and

E',nswers:

ItQ Who were your companions?

"A Our entire family.

IIQ How abou.t your father, was he with you?

itA He was no more with us~"

On page 3, the first five questions and

answers:


\

1

2

3

4

5

6

7

8

9

10

11

12

14

15

16

18

19

20

21

22

23

24

25 ,

"Q

II Ai,

Why? Wbere was your fe.theI'?

He was killed by the Japanese. /

12,428

II A,

'Nhere was your father when he was killed?

He was killed in Fort Santiago.

"A

"Q

From where was he taken?

At the church, the lIanila ~athedral.

When you were assembled with your mother

and aunts in the 1;.;:a11ila Cathedrral?

"A Yes."

On page 3, the 9th and lOth questions and

answers:

"Q Where were you taken?

"A We were ordered to go to Santo noningo~

IIQ

"A

Who orde,red you'? I

The J"npanese."


1

2

3

4

5

6

~~--- ---.~---

Onpnge 3, the lost three lines:

"Q Who t h[:pDCnE)d in Sc:nto Domingo when you

prrived ot thot place?

"A Right away W8 were thrown some grenndes.

IIQ By whom?

11 A ThE, J.spanesG."

12,429

7 On ptge 4~ the 6th question through the

8 r(:;rtl2indcr of the pr:gc;

9 ; tl.Q "'heT£: is your moth€r now?

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

L ___ ~

11A She. is no more.

"Q

"1-\

flQ

"A

"Q

"A

IIQ

"A

"Q

"A

tlQ

"A

IIQ

"A

"Q

Why?

She was killed by the Japcnese.

WhE;re wr s your mother when she We skilled?

Right there ~t Scnto Domingo.

Inside or outside of the church?

~nside •

How, do you knovl Sh8 was kill-~d by the JcDonese?

She w.ss beside me.

How ['bout you, were you wounded?

Yes, sir.

Who wounded you?

The Jr:penese.

With TNh[t wecpon were you woundE,d?

Br.,yonct.

How mr,ny wounds did you sustcin?


1

2

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

2S

12,430

If A Th:trty-cight W01..mds.

"Q iNho wes thE) <r-Qmp['nion of your mother 'when ShE;

II! There were three, including me.

11Q vVhct W2.S the· nDm;;; of the third one?

"! SElin. I I

I IIQ Now, you s~y thct you hr·ve sust2J.ncd 38 wounds i

On whet p[~rts of your body were you woundodr;

IIA In difforent pC':'-rts of my body.

IIQ On your left arm did you sustr:il1. <:.ny wound?

itA Yes, sir.

IIQ Will you plG[;se show to thc-: Commission thl."t

left c,rm r.nd tell the COIDinission hOYI]" mr:ny 1m unds there

are?

"! Ten wounds .•

IIQ And hO\\r "-bout your right c.rm, did you sustsin

c.ny wound rt th~t time?

"A Yes, sir.

IIQ. Do you h;::ve Llny sc[;rs on thst prm?

IIA Yes, sir.

IIQ How mcny?

IIA Four.

IIQ Will you plc;['.sG show the Commission thc.t

right [.rm?'

"(The witness exhibitGd her right arm,) .... --~ ... ----

I , !


12,431

---- -- ---_ .. __ ._. ------I

1 "Q' Were you wounded in the chest?

2 !fA Yes, sir.

3

4

5

6

7

"'1 8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

'----------_.


12,432

1 \ I1Q Will you please show the Commission the scars

on your chest? .2

;)

4

6

7

8

9

10

1.1

12

14

15

16

17

18

19

lO

21

22

23

24

(The witness raised her dw,ess and exhibited

portions of her body,)

"Q Did you count how meny scars there nre?

II A I cannot rememb(:r' now.

"Q All right. On your ebdomen did you suffer

any wound?

lIA Yes, sir.

"Q Will you ple2se show to the Commission the

scc:.r of your wound on the obdominel portions, region?

11 (The witness exhibited scars on her E:bdomEm.)

IIQ As [: result of thtt wound in yc)ur ebdominEI

region, did your intestines protrude, or come out?

Ill\. Yes, my intestine come out.

"Q Did you suffer cny wound in Y0ur b2ck?

itA Yes.

IIQ How mcny wounds were thEre?

"A Only one, sir.

"Q Will you please show the Commission your

wO'l:nd in your b2.ck?

"(The witness exhibited her back.)

llQ And your le'gs, howmr.ny wounds did you sus-

tain?

"A Five, sir.


3

4

6

'1

s

10

11

12

14

1S

16

17

18

20

21

22

23

24

25

"Q Before your mother died did she tell you

[,nything?

II i J

IIQ

"A

"Q itA

flQ

lib.

"Q ItA

Yo.s, sir.

What did she tell you?

She c[.utioned me to be rlwDYs good.

Did she tell you th: t she V1P.S dying then?

Yes, sir.

?here did you sleep th~t night?

At S8ntn Domingo.

By the side of your mother?

Beside my mother.

12,433

IIQ We's she dsc'.d C'.lre[ldy, then, when you slept

with her?

"A Y8S, sir.

IIQ Now, when did you get out from the Sc:mta

Domi.ngo Church? .~

itA AlrE.rdy in the morning.

"Q While you were inside SE'nt[l Church F:nd by the

side of your mother, did you see ['ny child. tossed up

in the ci~ ~nd recei~ed with the b~yonet os it c~me

down?

l1 AYe s, s ir •

"Q Did you know who thc-,t boy or brby WeS?

III.. Yes, sir.

"Q V'hat WDS the name of the b[:by?


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

13

19

20

21

22

23

24

25

12,434

"A T~tey.

11 Q HON old we s thE bE,by?

11 A PJ,'Jut three months, sir.

IlQ Who tossed him up in thE.: [:ir?

"A The J[~p(.nE:sc.

"Q Who rEceived him with the bc::yonct?

II "~. Th J 1 .tl lE r:prcnese, rc, so.

"Q The seme Jc:r:IQn",.se who threw him up?

IIA YES, sir.

lIn w: s thEe boy wounded?

IIA Yc s, sir.

IIMAJOR OFINION~ Thct is 011.

IfCi"?TAIN REEL: No qUE;stions. rr

We tender in evidencE IPS Document No. 2798

which is r summory of evidence of JAG RE'Dort No. 53

on the mc.ssc:cre of over two hundred civilir.ns at

st. Poults College in McnilQ in Februery 1945.

THE PRESIDENT: Admitted on the usucl terms.

CLERK OF THE COURT~ ProsEcution's document

No. 2798 will receive exhibit No. 1368.

(Whereupon, the documEmt [boVE: referred

to wes marked prosectuion's exhibit No. 1368 and

received in evidence.)

M.l1.. HORWITZ ~ We rec,d from pc.ge 1 of th2 t

document the fourth line from the bottom of the pr:ge


1

2

3

4

7

8

9

10

11

12

13

12,435

through line 17 on the following pege:

"At E: conserv['tive cstimDte, cT'nroximctely two

hundrc:d fifty people were pluced there cmd the doors

[end W ind01?!s solidly shut cnd br:rred •. While so confined,

witnesses noticed thct the three honging chcndeliers

'were wrapped in black-out peper c:md th'::.t strings or

light wires ron from inside the 'p2ckrge t through the

trE:nsoms to the outside. At E:bout 1730 hours, five

JLpo.nese brought in biscuits, crndy end liquor of some

sort, pl[!ced them in thc center of the room rnd, through

some Indi::ns who were ['mong the ct'ptive group, told the

crowd the t they lilOuld be sc:fc in this room, tht.t their

houses were to be burned c!nd th[~t they might oct t.nd

14 drink, then these Jnpnnese left. A rush for the cc:ndy

15 end biscuits folloVled, cnd within c. mr.tter of moments"

16 three explosions provGd thc.t the covered ch[.ndeliers

17

18

19

20

21

22

23

24

25

1JJere nothing less then grenede trc::ps. Pondemonium

ensued; mc.:r:ty were thro'wn to the floor by the blest,

others rnillGd [.bout in penic, ['nd Jc.pnnese outside be

gon mcchinc. ... gunning ond throwing gr(~mdEs into the

room ~hrough the windows [!nd clso into the cro'wds in

the corridors. The force of the explosions broke out

thE.: windows of the build ing rnd c. section of the com ...

pound wc:-ll c::nd through these holes thosE.: who were "ble

bcgen to CScc:pc. . In the he il of mr.chine-gtm rnd rifle


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

~ 17

18

19

20

21

22

23

24

25

fire, mony of these p(:rsons were killed, some to lie

grotesquely sprE:wF.:d .scross the compound wall where

they h~d been stopped in their flight by the bullets

of the gUGrds; _"

1Nc introduce in evidencE:: IPS document No.

2864 which is c summc.ry of evidence of JAG Report

N6.-63 on looting, burning, end murder of civilirns

in the C£mpos residence in Manile during Fcbru£l.ry

1945.

THL PRESIDENT~ Admitted on the uSU1"l terms.

CLERK OF THE COURT = Prosecution ,. s document

No. 2864 viill receive exhibit No. 1369.

(V!hereupon, the document [,bove referred

to vw s mnrked prosecution I s exhibit -NO. 1369 nnd

received. in ( vidence. )

MR. HORWITZ: From th~t document we reed the

following: P2ge 1, ppragrph 1:

"At cbout 1130 hours on 7 FE~bru,""ry 1945, four

members of tho Jc:,panese Nnvy cc.mc to the homo of Mrs.

Ce:mpos, 1462 TDft Avenw;, [' nd whilE:: two of the:rn pointed

their rifles rt ~ll of the above mentioned people~ the

other two seL~rched the house. They took five thous~hd

pesos, jewels, w~tchcs, and 2 revolver belonging to

Mrs. Ccm90S. They then took Srlvcdor tnd Antonio

Crlmpos, their hends tied behind their bc::cks, to the


i ,

1

2

3

4

5

6

7

1?,437

Nippon Club, scying thC't they would bring th8m brek in

hFlf ['en hour. NeithE;r SDlvador nor Antonio Cpmnos was

ever seen [:gr:in. II

. Pr:ge 1, pClr~graph 5, the lest four sentences:

II At 2bout 1600 hours, 12 FebruC'.ry, four members

of the Jcpcnese Ncvy oraered ell the occuprnts of

1462 T[',ft Avenue: to leeve the house cnd go out into

8 the .gr~rden. There the men cnd women were sCT)['rcted 2nd

9 se[:rchE:d, the wornc:n being subjected to gross indignities

10 to their persons during the search. The JDpcnese took

11 five thousand pesos and c wc:tch from Judge Locsin [:nd

12 m8.ny veluDbles.from other members of the group. Enrly

13 thE;t eVEming the Japanese burned .Judge Locsin' shouse

14 end the fire spreDd to merry of the neighboring houses,. If

15 We offer in evidence IPS document No. 2814

16 8 which is the summery of evidence of JtG ReDort No.4,

17

18

19

20

21

22

23

24

25

on the mDssocre of more then 1,000 civiliDns rtLippc,

BrtangDs Province, LUZon, in FebruFry 1945.

THE PRESIDENT: Admitted on the usuel terms.

CL;::RK OF THE CODRT: Prosecution's document

No. 2874 will rEceive Gxhibit No. 1370.

(Whereunon, the document r.bove referred

to wes marked prosecution' s exhibit No. 1370 rend

received in evidence.)

IVIR. HORWITZ ~ 1~:e rc£.d from th2t document, the


1 su~';m[',ry of evidence:

2 "During the lQttcr p~rt of Fcbru~ry 1945, the

3 Jcp2ncse engcgcd in C1 progr[1m of murder, looting r:nd

4 destruction in the municipc,lity of tiws, Bct[mgcs

5 Province, Luzon, P.I.

"Ono civiliDn womEn wes be-yonetted to dCr'th

7 oc,cGuse she refused to submit to the r:dvc::nces of D

8 Jep2ncsc soldier.

9 "Two groups of civili[1ns of two hl.mdrcd 2nd

10 three hundred respectively were pushed into wells wherE:

11 they perished either by drowning, b(dng crushed by

12 hco/Y objects dumped upon them, or by gunfire.

13 "Another group of OVET five hundred civilicns

14 V'ms led to c brcrk whore the entire number were bc.yonetted

15 prr:cticnlly GIl of 'them dying.

16 "The other group, composE:d of somo six hundred

17 ci vilicns, We s G ssemblc:d by the Jnp[mese [: t the Lippa

18 Ccthcdrcl rnd bcyonettcd to dec,th.

19 "Other murd8rs ,:::nd bDyonctting of c: smr,llcr

20 group took plnce C.t or [:bout the sC!mc time.

21 11 In Mrrch 1945 the JnpC';ncse burned tho City

22 of Lippar'nd destroyed its utilities, including tho

23 wctcr ~.fstem."

24 THE PRESIDENT: We will recess for fifteen

25 ,minutes.


(

1

2

3

4

5

6

7

8

9

"10

11

12

13

14

15

16

17

18

19

20 '

21

22

23

24

25

(Whereupon, at 1445, e recess w~s

taken until 1500, aftEr '::·hich the proceedings

were resumed DS follows:)

12,439


B 1 c\ r 2 t 0 3 n

4 '&

5 I" U

0 6 1 d -; b

/ : e 8'

r g 9

10

11

12

13

14

i5

16

«, 17

.' 18 \

19

20

21

22

23

24

25

12,440

Military Tribunal for the Far Eas t is now r8S:Llm\~'d.

THE PRESIDENT: Mr. Horwitz.

, IUR. HORY{ITZ ~ ''',T;,3 tender in evidence IPS

document No. 2794, which is a summary of evidence of , \'

JAG Report No. 117 on additional massacres at Lippa

Batangas Province, Luzon, in March 1945.

TIm PRZSIDENT ~ Admitted on the usual terms.

C:JERK OF T!ill~ COURT ~ Prosecution I s document


(Whereupon, the document aboVe re-

ferr;3d to vms marktdd prosecution' s exhibit


r,m. HORYITTZ ~ We read the entire summary ~

\I At 2bout 2100 hours on 5 Mnrch 1945 e.bout

one thousand Filipino men, women, and children were

requir<~d by the JapaneSt3 to assemble in the Barrio of

Bulihan, LiWa , Bat2ng8s ,Luzon, P. I. The men were

separnted from the women and children and led away in

small groups to the edge of a cliff. I-lore they were

blindfolded. and ti:::d and then baYOnt;;ltted to death.

Their bodi8s were push8d over the cliff into a stream'

which ran at the ftH::t of the embankmt~nt. The Japanes

then disposed of the women and children in the same

manner. The slaughter continued for four hours. Fiv


1

2

3

4

5

-6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

12,441

or six hundred dead bodil:!s were seen later slong the

edge of the river.

lIOn the same night five or six hundred Filipino

men, "Willen, and children were assembled in the Barrio

of Suloc, Santo Tomas, BGtangas, Luzon, P. I. 8uloc

is about two kilometers from Bu1ihan. About two hun-

dred of them 'Norco rel,,~ased but thl:! rl:!maining three

hundred were taken in small groups to the odge of a

nearby stream and bayonetted to death, after ~hich thei

bodi\:)s were thrown into or along the bcmk _ of the stream.

11 Nineteen other filStle Filipino civilicms were

'J nrt1~'Y'ed in a similar WLnner on 2. m01.:mtain side near

8uloc ."

lVe submit in evidenc8 IP8 document No. 2720,

'ivhich is tb)J affidnvit of Apolinarin Nav2.rro, on

atrocities in Suloc, Santo Tomas, Bat~ngas in February

and March 1945.

TEI:!:; PTI:;:';SIDl:;NT; Adr(li tted on the usu2,1 terms.

CLERK OF TEt COURT ~ Prosecution's documdnt

21 No. 2720 will receive exhibit No. 1372.

22 n';h(~reupon, tha documt;1nt above re-

23 ferr8d to was marked prosecDtion' s Gxhibl t.

24 No. 1273 and received in evidence.) ·1

25 ~!rP J. .. .L.:. t 0 read from that document at I

answer, paragraph 2, sentenc~ page 21, 6th question and


12,442

1 2 - 4, inclusive:

2 tI About 500 rt us, together wi tb a few men, were

3itaken toa school house.' Out of this 500 people, 15

4 families grouping about 200 people were selected Bnd

5 placed in a different place. I was left behind with

. 6 the remaining 300 people .. U

7 Page 22, paragraph 2, sentences 1 - 8; in-

8 elusive:

9 "At the bank of the river the Japanese tried to

10 wrench my two children from-me, for I was holding tr.ern

11 firmly. I was pregnant six months at that time. Fi-

12 nally they succeeded in taking them. away from ~~.. Ludi-

13 gar:;to,' age 10; was the first to fall down as soon as he

14 had been bayonetted ib bis right side. l!aria, age 6,

15 was taken hold of in one arm and was plunged wildly into 16

the air by one Japanese while two .Japanese soldiers 17

18

19

20

21

22

thrust her be.ck with their bayonets as soon as she landed

on the ground. V~il~ watching the scens I called for

help

wr.en

the

from

five

back.

God and my face was looking up into the sky

.Tapaner.e soldiers came and bayonetted me at

I got five bayonet wounds- one on the upper

part of my right arm, another on the upper right of my 23

chest passing through my breast, another on my waist 24

region passing through my right side, and another on my 25

left shoulder. B::.'ct'.US0 of the force of the bayonets


1

2

3

4

5

12,443

. U:st ~'assed through Imy body I et.~tome.tically fell on the

~:L~'2 of the river, on top of many dead bodies.

toTe: off8r in ,evidence IPS document No. 2839,

which is a summary of evidence of JAG Repo-rt No. 106

on the.massacre of 194 Filipino civilians at Santo Tomas,

. 6 -Batangas and the burning of the town in February 1945.

7

8


CLERK OF' THE COURT: Prosecutionts document

9 Nc. 2839 will receive exhibit No. 1373.

10 (~~ereup(')n,the document above're-

11 I ferred to was marked prosecution's 'exhibit

12 No. 1373 and received in eVidence.)

13

14

15

16

17

18

'MR. HOR'··ITZ,: From that dO.cument we read page

1, paragraph 2 - All but the last sentence:

"At 0500 hours on 11 February 1945 Japanese

came to Santo' Tomas and proceeded from place to place

wf'lere civil:l.ans had gathered, taking their jewelry, money

and other valuables, then killed many of the inhabitants,

19. poured gasoleneon the bodies of the wounded and dead and 20

21

22

23

24

25

set tJ:'!em afire. Men, Women and children and babies were

murdered. There is evidenQe that three of the victims

were probably subjected to attempted or actual rape.

Approximately one hundred and ninety-four residents of

Santo Tomas were murdered on this date."

Page 1, paragraph "~ f sentences 1 - 3, inclus ive: -_ .. _-- ... - -~~ ... - .------,


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17 /

18

19

20

21

22

23

24

25\ I

I

I

12,444

"At one home between sixty-five and

seventy men, women and children had congregated.

About twenty-five Were ordered out of the house and

taken to a cemetery. Three men of this group were

taken to a pit that had been used as a latrine by

the Japanese soldiers, were bayonetted and fell

into th8 pit. ',I

Page 1, paragraph 4:

"Another group of approx:l.mate ly fifty

were taken from their place of hiding, all vere

bnyonetted and stabbed, thrown into a pile, s[lturated

with gasoline, and then set nfire. The only

survivor of this group described how she vws

b3yonetted four times in the bDck and three times

in the front; one of the thrusts Idlling her fi ve

months old son that she Was holding."

Poge 2, paragraph I - All but the last

sentence:

11 Another group of fifty \7ere .tied 2nd

led to a field whore they saw tho bodies of twenty

men, wom,m Dnd children who held been stabbed

to deoth. This group ',V<1S stabbed and othc;r groups

were led to the same spot and also stabbed.

Aftoruards gasoline ~DS poured on the bodies and

set afire."


, , "', <, -

1

21 I

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

P?ge 2, parngraph 2:

"The Japanese bayonetted the f,1fteen

year old daughter of one "'loman, who, while holding

hor one-year old daughter, received six bayonet

wounds herself. The Japanese ';vere chattering and

laughing as the pile of bodies on top of her were

burning."


,.

12,446

1 1'Te submit in evidence IPS document No. 2790,

2 which is a summary of evidence of JAG Report No. 69 on

3 the me.ssa¢re of civilians at Bauan, Batangas, in Feb-

4ruary 1945.

5

6

THE PRESIDENT: J;./mi tted on the usual terms.

CLERK OF T'h"'E COURT: Prosecution document

7 No. 2790 will receiYe exhibit No. 1374.

8 ('~1'hereupon, the document above re-

9 ferred to was marked prosecution exhibit

10; No. 1374 and received in evidence.)

11 1m. HORWITZ: '\"'e read tbe entire summary: 12 HOn the morning of 28 February 1945 members of 13 the Japanese Army stationed at Be.uan, Batangas Province,-

14 potified all residents of the .tovmthere would be a mass l5 meeting at the Bauan Roman Catholic Church, and that 16

everyone sl::oul-d assemble there forthwith. In order to 17

prevent escape guards were placed (';'n all roads leading 18 \

from the town. By 1000 on the morning in question 19

practically everyone in the village ,~ 0. congregated nt 20

the 21

church, at which time the VJomen end children were

separated from the men and taken to tho Baunn Elementary 22 !

School building. 23

The men, forced to remain in the church

24 were then searched by the Japanese, and everything of

value appropriated~ they were then told to sit in the 25 /

Ipews, eight men to a benc~, and 2 quick count disclosed


12,447

la total of 328 men present. 1

. I No further action was taken I

until approximately 1300, at whicr time the men were 2

3 marched in groups of 100 into the basement of the house

.( of Server_Orlo BAUTIST4, about 100 yards Northeast of the •

5 church. The doors of the basement were closed and a

6 short time thereafter Japanese soldiers were heard moving

7 aDv~nd on the floor above. A hissing sound was then hear ,

8 followed by the sound of Japanese soldiers running away~

9 Immediately thereafter there was a deafening explosion

10 which either killed or wounded most of those in the base-

11 ment. Most of those not killed by the explosion were

12 shot or bayonetted as they attempted to eSCE'.pE! from the

13 bl1ilding, but a few managed to slip away."

14 We otfer in evidence IPS document No. 2796,

15 whicb is a summary of evIdence of JAG Report No. 90 on

16 the massacre of 320 Filipino civilians in Taal, Batangas,

17 in February 1945'. IS

19

20

21

22

23

24

25


CLERK OF' THE COURT: Prosecution document


C~~ereu}lon, the document ·al)(lve re

ferred to was marked prosecution exhibit


]:IR. HORwITZ: From page 1 of that document we

read paragraphs 4 and 5:


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

13

19

20

21

22

23

24

25

12,448

"By 1000 hours, lp February 1945, the Japanese

had started to burn 211 the barrios in the vicinity of

Taal. Approximately sixty Filipino inhabitants of Taal

hastened to take refuge from the Japanese in a ravine.

At about 1400 siy or seven Japanese threw hand grenades

into the ravine. Ten or fifteen persons were killed

by tte hand grenades, and of the survivors, thirty-five

to forty persons were machine-gunned by the Japanese

and mB_ny others bayonetted. Tl:eir bodies were stacked

in piles o.f' ten or more. ~~ilagros BARR ION , a member of

this group , received seventeen vJOunds in her body. P'ome

and children were blown to pieces by grenc!des."

.. _------------------------


3

4

5

6

7

8

9

10

12

13

14

15

16

17

18

19

20

21

22

23

1.4

25

12,449

MR. HORWITZ~ We submit in evidence IPS

document No. 2797, which is a summary of evidence

of JAG Report No. 96 on the massacre of 300 civilians

at Cuenca, Batangas, in February and March 1945.

THE PRFlSIDENT~ Admitted on the usual terms.

CLERK OF THE CO®T: Prosecution's docu

ment No, 2797 will receive exhiQit No. 1376.


ferred to was marked prosecutionfs exhibit


ER. HORWITZ ~ We read f rom that document,

page 1, paragraph 3, sentences 1 and 2:

"On E Februa.ry 1945, a-pproximately one hundred

and seventy-five civilian Filipino men, women and

children were assembled in the house of Graciano

CASTILLO in the barrio of l.1ambug. The Japanese

took. the men out iu groups of five and none of them

were seen again."

Page 1, paragraph 4, sentences 1, 5-7 inclusive:

"On 13 February 1945, approximately fifty-two

civilian Filipinos including two women were crowded

under a house in the sitioof San Juan by the Japan-

ese.

"Each victim was held by one Japanese while

three others bayonetted him. The victi~s were then

-_ .. _---

•


t.

2

3

4'

5

6

7

8

thrown into the well. Only two escaped out of

this group and one 'of them was wounded."

Page 2, paragraph 3.

12,450

"On 11 March 1945, nineteen civilian Filipino

men, women and children were taken by the Japanese

from a shelter in the barrio of Sablay and impris-

oned in a tunnel for ahout a week. On 19 March

the tunnel was opened and the civilians were order-

9 ed out in. small gr0l.:!-ps. As they left the tunnel

10 the Japanese bayonetted and shot them. Only about

11 six of the victims escaped. One little girl about

12

13

14

15

16

19

20

21

22

23

five years old was bayonetted through the neck

as she ran from the tunnel and "\''Jas lifted from the

ground while impaled on the bayonet. u

vVe tender in evidence IPS docu.rnent No.

2834, which is a summary of evidence of JAG Report

No. 101 on the massacre of at least 107 Filipino

civilians at San Jose, Batangas, d.uring January ~

February and March 1945.

THE PREraDENT: Admitted on the usual terms.

CLERK OF' THE COURT: Prosecution's document . No. 2834 will receive exhibit No. 1377.

(Whereupon, the document abovere



1


.. ----... ----,---' --------------_._--_. __ .]

2

3

4

5

6

7

8

9

10

11

MIL HOnWITZ; We read from that document,

paragraph 2:

"From that time on through March 1945, the

Japanese carried on a program of burning and

killing throughout the barrios of San Jose. At

least one hundred and seven Filipinos·including

VJomen and chil dren .were slain by 'the Japanese.

Many were tied, led away and bayonetted. Some of

the bodies were mutilated; the hands and feet of

one victim were cut off, and the right hand of

another was severed. The burned andbehettded body

12 of one man was found tied to a post. n

13 We offer in evidence IPS document No. 2810,

14 which is 8. sumrnary of evidence of JAG Report

15 No. 74 on the murder of 39 civilians at Lucero,

16 Bn tangas, in March 1945.

17

18

19

20

21

22

23

24

25 I

THE PRESIDENT: Admitted 'On the usual terms.

CLERK OF THE COURT; Prosecution's docu





tifL HORWITZ: V'le read from that docurnen t

the summary of evidence:

"Between' seven and eight o'clock on the morning

I

--_._--_ .. _-_._------_._ .... ---._-- .. _--_._ ..•.. _--


3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

1.9

20

21

22

23

24

2.5

of 13 March 1945, 2pproximately 15 Japanese-soldiers

appeared in the Town of Rosario, Batangas, P.I.,

and apparently without reason commenced shooting

and ba':Tonetting all of the people who could be

found. No effort was made to distinguish between

men, women, and children, and due to the fact that

many of the J""en were able to run away, most of

the vic tims 111Jere 1rvorren and children. II

We tender in evidence IPS document No .. 2793,

which is a summary of evidence of JAG Heport No.

126 on the· massacre of more than one hur:dred

Filipino civilians at Tapal, Gonzaga, Cagayan, in

JUly 1945.

THE PHESIDENT: Admitted on the usual terms.

CLEEK OF THE COL'RT: Prosecution's docU

ment No, 2793 will receive exhibit No< 1379.


ferred to v~as marked prosecution· s exhibit


MPo HORWITZ:· From that document we read

the firs t senter: ce of the fourth paragraph:

"The Japanese surrounded the nipa huts scattered

along the beach, and -when the Filipino civilians

befm: to run, they machine gunned and bayonetted

them. II

.--------~.


12,45'3

IPS Document No. 2800,

which is a summary of evidence of JAG [(eport No. 197·

3 on the murders, looting ,and burning of the town of

4 Ca1auang~ Laguna, in February 1945.

5 THE PI~ESIDE:ET: Admitted on the usual terms.

6

7

8

9

10

11

12

14

15

16

19

20

21

22

23

24

15

CLERK OF THE C01JnT~ Prosecutionts docu-


(Wher,::;upon, the document above re-


·No. 1380 and received in evidence.)

MIL HORWITZ: From thn t document we read

the first five sentences of paragraph 2:

"While the JnpC':nese were in Calauang, the

follcwing are examples of the atrocities committed.

People talren from their hOPles or who were found in

the vicirity were bayonetted to death or killed with

sabers. One man was shot and killed as he was running

away. A man, his wife and their one-day old twins

took refuge in a shelter they had built. They

were discovered and the man was struck with a saber

and killed and tb.en the baby he had been holdinK

was killed. 1t

We offer in evidence IPS Document No. 2884,

I I

I I J

i

which is a transcript of the testimony of Jose Habana j'

in the trial of YAL~SHITA regarding massacre at ---,--.-•. --.-.-.---~-.---.- ... --.---.-.---~-- .. - ........ -,,-... -,-... "'- .... ~.-,-------~.-----.--.------


12,454

f---~~~~· .. *·1 Ca].amba, Laguna Province during February 1945.

3

5

6

7

8

.9

10

11

.t2

14

15

16

17

18

19

THE PEfSIDENT: Admitted on the usual terms.

CLERK OF THE COURT~ Prosecution's doctlt:lont





THE PE£SIDENT: Hest assured we are not

going to be satisfied with wbo't appears in the

transcript. We still have to look at the exhibit

itself to understand what it is all about. Here

is an alleged massacre of two thousand people.

You ha'e a few sentences, and you have to guess

what it is all about.

N.!Ro LOPEZ: If your Honor please, could

I be per':1i tted to eXplain to the Tribunal our

Dosition about the matter?

THE PRESIDENT~ No need to explain. We

20 want a rectification, not an explanation. These

21 things should be put properly, or Lot at all. It

22 may be that a lot of them should not be put in be-

23 cause of their bulk and their simi1~rity.

24 till. HOHWITZ~ In that event, I shall read

~ the entire do~~~ent of the testimony of the affidavit \

of Jose Habana.

!

I


1

2

3

4-

12,455

THE PHE8IDENT~ No need to read it all, but

;TOU ought to read it enq:ugh to let us see what it

is about.

MR. H9hWITZ: Beginning with the fifth

5 question

6

7

I

9

to

11

12

15

14

15

16

17

18

19

20

THE PRESIDENT; Oh, you had better let it

pa,Ss, and we will look up the exhi bi t when we come

to it. It is very hard to correct it now without

our wc1-sting a lot of time.

1\ifH., HORWITZ: On page 1, t;th question and

answer:

"Q Do you r,ecall going to the Catholic Church

in Calambapn 12 February 1945?

"A Yes,. sir."

On page 2, fourth question and answer:

HQ And during the time that you were there

at tl1e chUrch, can you give the Commission an estimate

of how many people were gathered there?

,IA Well, to my estimation, sir, around 2,000."

On page 5, first answer and second question 21

and answer, fourth question and answer: 22

23

24

25

itA When I rerr:oved my hands and the cloth that

had blindfolded me, I saw five feet, around five

feet of bodies. Some were still alive.

JfQ You 111ean bodies staeke.d five feet high in


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

the room?

"A Five feet high in the room.

"Q Can you give the Commission an estimate

of about how many bodies you think were in that

room?

"A Well, to my estimate it is around 500,

because of the heaps of the bodies that are there."

Page 6, third and fourth questions and answers:

IIQ Now, of those 2,000 people, or about 2,000

people that you saw th-ere in the church, were they

civilians?

"A Yes.

"Q Were they armed ir: any way?

"A Not even a single bolo."

We offer in evidence IPS Document No. 2806,

which is Q sQmmary of evidence of JAG Report on the

burning of the Barrio of Nanipil, Mountain Province,

and the murder of civilians on Titig Mountain in

lI),'ril 1945.

THE PHESIDENT: Admitted on the usual terms.

CLERK OF THE COURT~ Prosecution's document

No. 28o( will receive exhibit No. 1382.


ferred to was mark,ed prosecution fS exhibit



.,' -

12,457

(Leading): "Early in the morning of 15 April

-1945, six male civilian Filipinos and ODe woman were

captured while en route from PaGeda to Nanipil,

F~ountain Province, Luzon, P.I., by approximately

one thousand (lono) Japanese soldiers who were members

of the 1 Tiger Unit f, cornmanded by a Major SAITO.

After being questioned concerning location of

guerrilla forces in the area, the seven civilians

were forced to accompany the Jap2.nese to Cabali Moun-

10 tain, where they spent the night. Enrly in the

11 i

12 I

13

14-

15

16 I

171 I

lsi I

19 I 1

20 I

21

I 22 i

!

231 i

241 ! I

25 I I i I 1_-

morning of IE April 1945, the Japanese troops

enter.ed the barrio of Nanipil and burned the village,

destroying about thirty buildings. Three dead

Filipino civilians were discovered in the barrio

about a w.eek later. One of these bodies was identi-

fied as that of Alico PABLONOT. All three had been

shot. After burning Nanipil, the Japanese took the

seven civilian prisoners to Titig Mountain, forced

the men to remove their clothing, and then made

all seven kne~l at the edge of a precipice with

their hands t;ted behind their backs. While in this

helpless position 5 two Japanese attempted to behead

them, one of the soldiers striking the victims

across the neck with a saber while the other pushed -

the decapitated bodies over the cliff. Apparently

I

I '

I


1

7

8

9

10

11

12

13

14

J 51 16 I

17

lSi 19 i

!

201

21 I !

22 i

bodies of four ~:lere later: identified. One man

survived the attempted beheading and one man is

believed to have escaped before he was struck but

has neVer been fou~d. There is no definite proof

thnt the woman in this group ";J25 killed but the

survivor Juanito ALUms, heard her scream with, pain.

ThQ:\~,gh her body -,"In s not found "[vi th those of the

four identified runle victims, . she has, not been

heard of since and rrust be presumed to have been

killed."

-'Ie tender in evidence IPS Document No.

2823, whic> is a summary of evidence of JAG Rep'ort

No o 267 on the execution of 21 Filipino prisoners .

'at Barrio Angad, Bangued, Abra in November 1944.

THE PRESIDENT: "ldmi ttGd on 'the usua 1 terms"

CLERK OF THE COUI1.T: Prosecution t s docu-

mont No. 2883 will be givGn exhibit No. --

BR" HORWIT Z: 2823.

THE MONITOR: Hr. HorWitz, if you decide

to read the who10 qocumont instead of the excerpts

II' as you hav. (; g.iven us, will you please mention the 23 I

;

24 j fact bec'0use we do not have the document in our i

25 ! booth Dnd'.76 ':vi11 have to got it as soon as you

mE':ntion th,gt. . -'-~'---'-----------


I I I

•

3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

------'------------------------

rill. HORWITZ: All right.

THE HONITOR: Th[mk you.


1

2

.3

.(

5

6

7

8

9

10

11

12

13

14

15

16

17

IS

19

20

21

22

23

24

25

12,460

""---"----------------. /

Has there been a ruling on

this" your Honor?

THE PRE8IDENT~ Yes • It is admitted on

the usuaJ- terms.

CLERK OF THE COURT: Prosecutionfs document


(Whereupon, the document above re-


No. 1383 and r ecei ved in evidence.)

I

I

I I


iN .0

1 f

&

~ .(

e 1 d e n

1

2

3

<4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12~461

------------:----------------

r.m~ EORVHTZ: We read the ·whole summary:

tlA number of Filipino paroled prisoners-

of-war were summoned to a meeting at the municj.pal

building where the names of twenty-seven prisoners-

of-vIar were read_ from a rost.er. These men were

then grouped and marched to the Japanese garrison

y·!here tbey were qUGstioned, after ~iJ):ich six of

them W2re released. The remaining twenty-one were

tied, placed on a truck, and taken to a nearby

, barrio. 1'Vi thin a short time, machine-gnn fire and

screams 'nere heard, and later f1amGs and smoke 1"ere

seen. Charred bodies were later seen by some

civilians inside a burned house at the same barrio."

We offer in evidence IPS document No. 2883

which is a transcript of the testj.rJony of Hariano

Bayaras, Mnyor of Basco, Batanes Island, in the

YAMASmTA trial regarding atrocities in Basco,

Batanes in Hay-September, 1945 ..


CLERK OF T}~ COURT: Prosecution's document

Ne. 2883 vvill receive exhibit l~o. 1384.


referred to was marl~ed prosecution t s exhibit


MR. HORWITZ: VTe read from that doeument


12,462

on p2Be 1, t~e fifth, seventh and tenth questions

clUJ. answe:i:'s:

"Q Are you the ~~ayor of Be.sco, '!3otDt:nIsland?

trQ ~~rers you [Siven a list by the Japanese of

6 persons killed by them at Basco?

7

8

9

10

11

12

13

14

15

16

17

18

19

22

23 I

Yes, sir.

,seventy-four."

Page 2 ,"'rom t~1e fourth question and

anS'~J2r thl' ough to and j.ncluding the sixth:

Did you see any of them mistreated?

"A I di0 not sae ~b8ther they nare mistreated,

but I 8aw ttev ~ere sufforing from bad treatment.

eating tteir food on the floor ~ithout using

their 11.ands bec2use they cOl.lld not usc their bends.

,some of ther' bad brolwn hanc~ s, 1Jj. th bruises on treir

2827

ope of thorn, tad no more eye.

"~ ,,;fas hif3 eye out?

"A \T co l'r" ..;..o"'? S •

rIe introduce in evidence IP,s document No.

is 2. smnmo.ry of' evicence of JAG Rcyort No. 241

25 \

1_- 304 on tbe execution of Charl·ss Pu-".nam, Thomas


I'

D2~:::ett 0 C2ptain Vicente Pinon and six o'l~ter un-'--~ ' .. ) I -

2 armed Filipinos in Narch 1944 at A1aminos, PaDS2sinan.

3 TIill PRESIDEJ::T ~ AdF:i tted on the usual terms.

4 CLERK 0:0' i'!:IG COtTtT ~ Prosecu·:··lon I s document

5 No. 2827 will receive ex~ibit No. 1385. (

6 (WhnreUDon t~o document Above \. - '-' .1. 5' -

7 :toforrcd to ',;88 markod "p!:'osocut~~Jn 18 exl-;ibit

8 No. 1385 and received in ovi~onco.)

9 MR 0 EOH'.7ITZ ~ FO 1"'02,.(:1. from that document

11 nOn 10 ~·Ia'.:'ch 1044, -;-,'70 Americcll1s and

12 somo Fili~inos were takon from tho Japaneso

13

14 r.lt Alanlinos, PS.J:'gasil'l8.nv Tbe folloning morning 5

15 ~ho to\m chiof of i)01ico 8m'! tr',e bo('ios of tho

16 two Ame}.:'icans <"end seven Fl1i~JirJOs in 2. gr2ve ',Ii thin

17 the garrison ~remisos. The Aooricans had been bo-

18 hco..dod a no_ the Filipinos 1~2.d beon bayonotted. II

19

20 I 21 I

We submit in evidonco IPS c1ocumont Ho.

2807 v·;hich is D. 8lJ.IDrllary of 2vidence of JAG Re:oort

22 No.1 on the massacre of approximately 500 Filipino

23 civilians at Do..pdap, Penson Islcmc., C2.ffiotes Isle.nds,

24 Cobu Province, in Docember 1944.

25 THE PRE,SIDE:\Z'l' ~ Admitted on the usual terms.

CLERK OF TI-IE COURT ~ Pros ocution' s document


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

12,464


(W·hercupon, the document above



1m. HORWITZ: From th8t document Vle read

, 2 ,... t J paragrapn ,12rs sencence:

"At approximately 9 ~oo 0.' clock Decomber

29, 1944, a patrol of about 50 Japanese soldiers,

including bao officers, enterod the barrj_o of

Dapdap, Penson IslQnd, C(lmotes Isl;J.nds, Phili~opine

Isln.nds."

Page 1, paragraph 3, sentenc~2 1-3

inclusive:

"Shortly (lfter Clrriving at tho plaza,

t:~2 pooplQ, numbering noor'..l; four or five hrmdrec1,

Bor2 ordered to group themselves in familios and

congregato in the church so they I'ould be unobserved

from a Dlano wtich was beard in the vicinity. The

axcuse given was that they might be strafed. The

p:::-;ople follm-rcd out the instructions without delay."

P~oe 3 p~I~~gr~~h 6-c~ b ,_ '-~ C-.... <-. 1-' •

"When the church was 2.bout hc'clf emptied

the remaining people became apprehensive of their

25 lives. Some S8.1.·;; blood running out of a nearby shack,

a fev! noticed the soldieI's w2sLing their bloody


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

/ ' 17

18

19

20

21

22

23

24

25

12,465

outside thoy VTo:::'e shackled 'cod th ropes. Eutiquio

Lncenas then urged those remainir:g to fight for

their Jives and 2.ttempt an escape, whereLlpon he

picked t1.p ~ rock, hurled it at the door guard,

hi tting him on the head, [md knocking him to the

ground. He 8.lso rushGd anot.hGr gU2,rd but was

killed in his bid tor freodom. 112ny then made a

break for t'-'.e door and \'!oro machinG-gunned in

dlscl"iminately or stabbGd "-;i th bo..yonets. Several

ple8dcd 2nd begged for ffiGrcy, but to 110 avail.

Tb.G church resounded ~ __ Ji th the \ivails and cries of

the'iiounded 2.no. those who fenred deatb. ':vas imminont.

80lTI2 oscapGd and wero killed by riflG 2.nd machine-

gun fire \-,711i1e rnnning toward the b02.ch. A very

small nt1mbe~~ escaped unscathed and found safety in

the soa (lnd sTJamps. Most of the victims sh0l7ed

numerous stab 'Hounds, some babies int.hoir mothers f

arms -wore run through 2nd the ble_des pnssed into the

bodi-os of the mothGrs. One Y!Onlan "as found vlho had-

(:i ven prema turo birtb to a baby i:'.nd its dead body

"\:,12.S besidG hGr. II

Page 4, paragraph 5:

"On 16 January 19L1-5, Cnptain Gonzalo R.


1

2

3

4

5

6

7

8

Sievort., Exocutive Officer of the 94th Regiment,

~2d Division, P.A., accompanied by Major Pete W.

Scott, PCAU No. 15 DotachJI1ent, Captain Penry L.

GUire,.5tb Air Force, and 2. Sorgeant William Young, . photof,l'"'ap.her of the 7th Infantry Division, ivere

ordered by a task force comrnander, Colonel Walker ~

l82d Infantry, 7th Division, UoS. Army, to proceed

to Dapdap, m2ke 8n 'invostig2tion, and dispose of

9 tLe dead bodies. Befoj:'o nrriving at tho torm they

10 met tllroc survivors of tho debacle, all of vdl0m \

11 gave ovidence of numerous vJOunds. Approaching

12 the to"m the foul odor of dead bodies filled the

13 2ir. They loolwd ih t·wo l:uts and S8J,V npproxima tely

14 30 to 50 2nd 15 to 20 bodies respoctivelY in a bad

15 state of decomposition. Dogs and oth~r nnimals had

16

17

18

19

20

21

22

23

24

25

enton C'.way large portions qf tho bodies nmking it

difficult to ascertain ~hethor they were mon,

"'omon or cl~ildren; howover 5 the presence of long

h:'ix' Qnd small skulls indicated that there VIore

some of t~e latter in tho groups~ Proceeding

furtber into tmvn thoy inspectod huts en route Qnd

found similar conditions existing. Arriving at the

church th.ey S2.YT about 100 bodias scattered on the

gro'-..md in 2.nd around tho building, c::.bout hnlf of

'-::Ill.icb ~rere inside, and visible from the doorway."


(" i,

r ~, :2 I

3

4

5

6

7

8

9

.10

11

12

13

14

15

16

1.7

18

19

20

21

22

23

24

25

12,467

tt Here too, the dogs, pigs c.nd other anime.ls had

devoured PQrts of the bodies. About 500 yards

north of t.he church they observed approxtmately

50 to 60 do~.d bodies nnder an aca.cia tree, all in

~n ~dvancedst~te of decomposition. Several dogs

Qnd pigs 'wore eating the remains, :':l.nd chlckens

~orrr picking the bones. Ttey counted 230 dead

a.nd ostlmated tbero ';,I()ro 500 bodies in and around

the barrio.. The photographer took various pictures,

one of a shack uhero dead could be seen in the

door',my, others shmving the conditions inside and

outside th8 church; one ofnumeroD..s dead bodios in 'j

0. 12ne a short distance m;'2.Y, and one of a decom- I posed body tied' to the trunk of e troe and identified I

! f

as quentin Norelos."

THE PRESIDENT: Here again tho Court will

hC!.vo to rend the wholo exhibit to get a fnir idea of

';hat happened.

~m. HORWITZ~ We offer in evid,once IPS

docmnent I\To. 2835 \jlhich is a summary of evidence

of JAG Report No. 137 on tho murder of fiVe civilians

in Cervantes, Ilocos Sur, in August 1945, and the

eating by six Japanese soldiers of the flesh from \

some 9f the bodies of their victims.

, THE PRESIDENT: Admitted on the usu.a~ terms •. 1 -·-----·-----··----,-~-.··--___ ... _ ....... <._.___d_~'. ______ . ______ . __


12,468

3

4

6

CLERK OF TIm COURT~ Prosecution's document

No. 2835 vvill receive exhibit No. 1387.


reforred to was marked prosecution's oxbibit

l'To. 1387 aha. recelved in evidence.)

:MH. HOHWITZ: ~Ve road from that doct1..mont

7 all but the last sentence of tho first paragraph:

8 ItIn the early part of Aup;ust 1945 six

9 J3p8.nese soldiers 7:ere seen gOing to tb.e borne of

10 PITLUNGAY in s1 tio Lilong e 'Ii,'I1o men fled and hid

11

13

14

15

16

17

18

19

:20

:n

22

neal"'by as the .. T8.panese approached but the Japanese

bayonetted to death all five occupants of the house,

one of '.\Thorn was a t~'1ree-year old girl. The six

Japanese ate the flesh from some of the bodies of

their victims durj.ng the tVlO-day period that they

stayed at the house. ~he first evening, the flesh

of the little girl was cut into sm.all pieces, put

on the ends of sticks and roasted over a~ open

fire. The next morning, the flesb of anotb.er

victim was roasted or boiled with native vegetables.

The flesh of three of the victj.ms was consumed in

tlois manner. 'The body of one of t~le victims was

later thro'wn into the river that ran' in front of

, i

, , !

. tt.e house. The bodies of tl:e tvJO other victims 'were

not touched. After 1-.1"e Japanese left, the two _ .. __ ... _ ... - .. __ .-._-_ .• _-_ .•.. - ... _._----_._ ......... __ .... _-" ... _ .. -._.-_ .. _---_._._._ .......... --~.


7

8

9

101 111 121

13

14

15

16

17

18

19

20

22

23

24

25

\

observers went into the house and saw a piece of

htunan flesh inside of a bag left by one of the

Japanese and also inside of one of the :{ettles

that bad been used by t~:!e Japanese."

We submit in evidence IPS document No.

2725 which is the a:ffidavi t of Isidro Cabusas

regarding torture and murder at Cordova, Cebu,

in August 1944.

TJ-JE PRESIDENT: Admitted on the usual

terms.

CLERK OF ::.:'HE COURT: Prosecution's document

No. 2725 wi11 rece:i.ve e:r.:hibi t No. 1388.


referred to was marked prosecution's exbibit


MB. HOm'lITZ: We read from page 2 of that

document the first answer:

"A. At about nine o'clock in the evening

of August 19, 1944, we left Cebu for Mactan Island.

~~en ·e a~rl·veA ~~ere :~ 1.', " •• Lt t., .. , , we landed at Opon and from

there, we went by truck to Cordova. As soon as we

arrived at COl'dova, the Japanese soldiers began to

gather all of the civilians and brour~ht then to the

central school house. There tbey too~ ~he clothes

--~-----.--------.--.--.~---------~-- - ---


1

6

7

8

9

10

11

12

13

14

15

16

17

18

19 ! i

20

21

22 i I

23

24 i

251

L

12,470

------------

'(I'1'1ey severely beat many of the men viTi th clubs,

baseball bats ana. rifle butts. 'The Japanese took

all of t.he money, jewelry and valuables from the

civilians. The next morning, I saw three men tied

and beaten and t"1en taken about three kilometers

tn the Sou·t:,hVi1estern part of Cordova arid there be

l:-ea:ded by three Japanese soldiers."

I I

I I


I 11 21

I

31

41 5 I 61

71 81

I 91

101 I

111 I i

12 I I

13

14

15

16

17

18

19

20

21

22 1

I 23 I

I I

24 j

251 I

1-

---- .. ---~-- ... ----- -._-_._------

We tender in evidencE' IP~ document No. 2833

which is a summary of evidenc.e of JAG Report No. 253

on th& murder, torture and rape of civilians at Bogo,

Cebu during August, ~eptember, October and November

1944,

THE PRE~IDENT: Admitted on the usual t€rms.

CLERK OF THE COURT: Prosecution document

No. 2833 will rec~ive exhibit No. 1389.



No, 1389 and received in evidence.)

1m. HORWITZ: From that document we read

paragraphs 1, 4, and 5: "During August, ~eptember, October and Nov

ember 1944 Japanese military forces maintained the

garrison at the Medellin ~ugar Central near Bogo,

Cebu, P.I. In these four months civilians in this

vi.cinity were beaten, shot, bayonetted and raped.

"On 12 October 1944 two women were bayonetted

to death in their home and a third was severely beaten.

Two other Filipino girls were raped, one of them by

several Japanese soldiers. One of the victims then wa~

forced to live with a Japanese corporal-as his mistress

for three weeks.

nOn 17 October 1944 JalJanese soldiers'burned

----. -.-.--.-~-----~


1 houses and a warehouse. The same day twenty-five persons

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

were bayonetted to death, apparently in revenge for

sabotage' and guerrilla activities."

We offer in evidence IPE document No. 281G

which is a summary of evidence of JAG Report No. 180

on torture and murder of civilians at Dumanjug, Cebu

in August 1944.

THE PRE~IDENT: Admitted on the usual terms.



(Ylb.ereupon, the document above re

ferred to w~s marked prosecution's exhibit

No. 1390 and received in evidenceo)

MR. HORWITZ: From that document we read the

fifth sentenee:

"H .. erA, the Japanese bayonetted two women and

threw a year Pllld a half old child into the sea."

We introduce in evidence IP~ document No.

2791 which is a sum~ary of eviden~e of JAG Report

No. 174 oH execut1.ons of Filipj_no civilians at Calbayog,

Q \. amar, in July 1943.

TEE PRE~IDENT: Admitted on the usual terms~

CLERK'OF THE COURT: Prosecution document


(Vlhereupon, the document above .. ':::~'

I


1

2

3

4

5

6

7

9

10

first

referred to was marked prosecution's

exhibit No. 1391 and received in evidence.)

1m. HORWITZ: We re9.d from that document the

two sentences of the first paragraph:

.,. t<!1"

"During th~ summer of 1943, twenty to forty

Fil1pinomen t.lilerf' arrested as suspected sJ,;ies and

investigated bv the commanding officer of the garrison

at Cnlbayog, ~.qmar, P.l. Two or three weeks Inter five

of the men were singled out for execution by the

Com~anding Officer, who stated that this action was 11

by order of his Commander stationed at Catbalogan." 12

13

14

16

17

18

19

20

21

22

23

We offer in evidence IP~ document No. 2859

which is n summary of evidence of JAG Report No. 298

on the massacre of 37 civilians in Pilar, Camotes

Islands, Cebu, in December 1944.

THE PRE~IDENT: Admitted on the usual terms.

CLERK OF TH~ COURT: Prosecution document

No. 2859 will receive exhibit No. 139~~

(vVhereupon, the document above re



MR. HOR''iVITZ; Fro1'll that document we read the

24 last sentence of paragraph 1:

25 "Thirty~seven of the victims were killed while

the rest surv,ived despite severe bayonet wounds. n


( ....

. I

1

2

3

4

5

6

7

8

9·

10

11

12

13

14

15

16

18

19

20

12,474

,'-".'-_._" . --- ,,'-",--- ----,,-------... ----

We offer in evidence IP~ 'document No. 2816

which is a summar:y of evidence of .JAG Report No. I

142 on the murder of 11 A~erican Baptist teachers of

the taculty of the Central Philippine Collego and the

murder of 6. other Americans at Camp Hopevale near Tapaz,

Capiz in December 1943.

THEPRE~IDENT: Admitted on the usual terms.

CLERK,OF THE COURT: Prosecution's document


(Whereupon,' the document above re----

referred to was marked prosecution's exhtbit

'No. 1393 and r(l~elved in evidence.)

I\ffi. HORWITZ: From that document we read the

first nine sentencea, and the last sentence: • I

"Japanese officers and enlisted men under the

command of a Captain \VATANABE, engaged in one of the

several punitive expeditions in Panay Island, left the

township of Llbacao, Caplz Provinco, on 18 December

1943 for Iloilo City. The next morning, they reached

Camp Hopevale near Tapaz, Capiz Province, which was first "

surr0unded, and then Captain Vv'ATANABE and his soldiers 21 .

entered 22

thE;) Camp proper. t:ixteen Americans along with

three others who had 23

been captured previously" were -'

24 placed under guard without food or water. In the

25 afternoon of 20 December 1943, one. of the American women ,

was seen kneeling with her hands tied behind her \back

\,

I

l , f

l


1

2

3

4

12,475

and begging Captain WATANABE for :-nercy. Captain

WATANABE ignored her plens and drew his ~8rru!'ai sword.

An hour later, inside a house that was a1recdy in

flames, were discovered twelve bodies and there was a

5 strong odor of burning flebh. tOMe of the victims

6 1 had been bayonetted 2nd some had been beheaded. Three

7 weeks later, another witness who was familiar with the

8 names of most of the Americsns visited the scene and

9 was able to idEntify the re~ains of the victims from

10 teeth, bits of burned clothing, holr s identification

11 tags, and a truss. The remains were taken from two

12 burned dwellings and buried in the "hurch at Ka tipunan.

13 On the day of the execution, one Filipino who was in

14 I hiding reported th,3. t he had seen blood on the trousers

15 of one of the Japanese guards and that one of the

16 Japanese told Filipinos that the A~ericans whom they

17 had fear6d were now gone and that the Filipinos should

18 obey the Japanese. Another witness verified that she

19 saw s~oke co~ing from the Hopevale area on the date

20 I of the massacre and that her brother and a cousin saw !

21' the bodies in three burned houses. ~ome of the remains

22 of the Americans were identified. Two of the bodies

23 were not burned and were found outside. All of the 24

25

victims except Mrs., Rounds, her son, Douglas, the

Clardy family and Albert King were members of the


12,476

1 fnculty of the Central Philippine College at Iloilo

City, Panay." 2

We offer in evidence IPf: document No. 3

283,6 which is a summary of evidence of JAG Report No. 4

140 on punitive expeditions on Panay Island by Japanese 5

forces against civilians in September and October 6

1943 where hundreds of civilians were massacred, 7

8 and buildings burned.

9

10

THE FRE~IDENT: Admitted on the usual terms.


Nd. 2836 will rer.!f11ve exhibit No. 1394. 11

12 . (Wh'ereupon, the document a hove re-

13 ferred to W3S marked prosecution's exhibit

14 No. 1394 and received in evidence.)

15 MR. HORWITZ: We rend from that document

16 pagel, paragraph 1, sentences 1, 7-9, 15-19.

17 "Under the cOl'!lmand of Colonel WATANABE.a group

18 of Japanese were stationed at Iloilo City, .panay, and

t9 from time to time smaller groups, commanded by him-

20 self or other officers, would be formed to go on punitive

21 expeditions throughout the island. 22 "In Barrio Lungao, Pa ssi, many Filipj_no civilian

23 men, women ~nd children were questioned by the japanese 24 then killed and their bodies thrown into a fire. The

25 whole bar_r_io_w_c_RS_b_u_r_n_e __ .d_._l_\.[a_n_y_o_th_er_c_i V:li~n:_w:r~ kille1 PURL: https://www.legal-tools.org/doc/754447/

1

2

3

4

5

6

7

s

9

10 '

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,477

in other barrios.

uFrom the remaining civilians a woman and her t,

six children, aged one to twelve, were questioned and

denied being related to a certain man who had previously

attempted to escape. Ho.r youngest child was torn from

her arms by Captain WATANABE and its body smashed against

the road, the blood splattering onto the clothes of the

witnesse~. Other soldiers seized the other children

by the feet and used them as clubs to beat 'thE: man and

the woman. Then all of them were dragged into a fire,.

thou'gh the mother 'tv,as still alive at that ~ time. At

anoth€1 ~lace two girls, one of whom was pregnant, were

caught by the Japanese and made to dance ,r~ked until.

they were exhausted. tl

Fage 2, paragraph 2, senteXlces 1-3; 8, 14 ... 15,

nOil 17 October 1943 another punitive expedition

of Japanese started from Iloilo City by motor launch

and arrived at the t'oVn of Bataan·on the north coast

of !?anay Island on l~ October 1943. All the Civilians

in tIle town were investigated by the light of a bonfire

and during the investigation were beaten with clubs and

l"1sde to walk through the fire. About three o'clock

in the morning the Japanese received orders to proceed

a'nd approximately one hundred and forty civilians 1nclud

Ingtwo priests were beheaded by OT~UKA', KUWANOand other


1

2

-3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12,478

-----------------------------------------------------------Japanese soldiers.

"V\1hile in the town f!Jf Al tavas, KU'IlANO and

OTH%.A killed between thirty and forty old men, women,

and children, and in Balete thirty men were killed -by

these two !!len.

tlA."'blind 'WoI"1an, who had been unable to flee

from the Japanese, was discovered the next day, ,taken

fron her house, and her clothes were stt'ipped from her

body. 80me of the Japanese manhandled her private

parts.

"Another group of Japanese that started out

on the same expedition executed hundreds of people

in Ba t:san Altavas, B_alete, Libacao and other places

and returned to Iloilo City by boat from New ',~ashington.lf

THE PREf:IDEN,T: We will adjourn now until

half-past nine tomorrow morning.

(~fuereupon, at l60Q, an adjournment

was taken until Wednesday 11 December 1946

until. 0930.)

.............


INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST ...

Documents

Transcript of INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST ...