Defendant: Hashimoto, Chogo, Superior Private, Japanese Army, Civilian Guard and Foremman, Rinko Coal Company, Niigata, Honshu, Japan and POW Camp 5B, Tokyo Area, Honshu, Japan

Docket No./ Date: 139/ Feb. 12-17, 1947, Yokohama, Japan

Charge: Violation of the laws and customs of war: 1. Did willfully and unlawfully mistreat and abuse PWs (spec 1-8)

Specifications: beating, sometimes to point of unconscious, using among others club, stick, fists; kicking; throwing water on PWs;

Verdict: 15 years CHL

Reviewing Authority's Recommendations: Accused beat POWs who were unable to do work or whose work dissatisfied him (when they fainted; when they were unable to carry coal due to a heart condition; and when they collapsed on the way to work).

Reviewing Authority: He denied knowledge of any of the incidents described in the specifications…He never mistreated a prisoner at any time from September 1943 to August 1944," when he joined the Army. "Inficting punishment was against his conscious.

Prosecution Arguments: The record fails to reveal any error which injuriously affected the substantial rights of the accused or any failure to accord him a fair trial in every respect. The evidence supports the findings beyond a reasonable doubt. There is no evidence that accused was not sane at the time the alleged acts were committed and at the time of trial.

Defense Arguments: Cyril D. Hill, Lt. Col., CAC, Reviewer

Judge Advocate's Recommendations: (No Comments Made)