Morita, Hiroyuki, Kobe Branch POW Camp, Osaka Area, Honshu, Japan
Docket No./ Date: 134/ June 30 - July 3, 1947, Yokohama, Japan
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully mistreat and abuse POWs (spec 2, 3) 2. Did willfully and unlawfully
mistreat, torture and abuse POWs (spec 5,7,8)
Specifications: beating using among others club, leather and rubber boots,
sticks, sword, fists; kicking; causing POW to stand for a long period
of time with their hands extended above their heads or without adequate
clothing in winter weather; suspending POWs from a tree by their arms
Verdict: 15 years CHL
Reviewing Authority's Recommendations: Accused beat, struck and mistreated
POWs for no reason or for no stated reason.
Reviewing Authority: The accused admitted slapping and hitting some of
the prisoners but only for violations of camp rules (bringing in food
to camp, stealing food). In these instances, no one needed medical aid.
The accused stated that the majority of the charges involved prisoners
that he did not recall and incidents that he did not recall. Furthermore,
in the occasions when he did slap and hit some of the prisoners, it was
never in the scope of what the prosecution alleged.
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: George R. Taylor, Reviewer
Judge Advocate's Recommendations: Recommended remission of 2 years from
his sentence for the "unusual acts of consideration and kindness
performed by the accused in certain instances" despite that he felt
the commission had actually taken this somewhat into account in their