Docket No./ Date: 46/June 25-28, 1946, Yokohama, Japan

Charge: Violation of the Laws and Customs of War: 1. Did willfully and unlawfully, commit cruel, inhuman and brutal acts, atrocities and other offenses against certain American and Allied PWs.

Specifications: beating, kicking, water torture, burning using wood, lighted cigarettes and burning pokers, forcing to stand/kneel in snow w/out adequate protection

Verdict: 20 years CHL

Reviewing Authority's Recommendations: Affidavits were used to discern the guilt of the accused. The accused was a guard at the camp. The accused was identified as one of the guards responsible for committing these acts and for "trifling offenses."

Reviewing Authority: Accused denied committing any of the acts listed in the specifications: no one saw him do it nor did they hear that he had done it. Accused denied knowing the prisoners accusing him of beating and torturing them.

Prosecution Arguments: The record is legally sufficient to support the findings. The evidence supports the findings. The Prosecution "introduced testimony by means of sworn statements of prisoners who had been interned in the camp and were in a position to know the facts of the matters." There is no evidence that the accused was not sane at the time that the acts were committed and at the time of trial.

Defense Arguments: Paul E. Spurlock, Reviewer, Judge Advocate Section

Judge Advocate's Recommendations: Lt. Col. Allan R. Browne, Army Judge Advocate found that the evidence presented for Specification 8 did "not sustain the allegations beyond a reasonable doubt" because the two affidavits presented contradict each other as to the identity of the victim's assailant. However, the sentence is upheld because the sentence is inadequate for the cruelty of the beatings and tortures in the other 9 specifications remaining.