Docket No./ Date: 147/ May 15, 1947, Yokohama, Japan

Charge: Violation of the laws and customs of war: 1. Did willfully and unlawfully mistreat PWs (spec 1-7, 9-10)

Specifications: beating using among others fist, shoe; kicking; forcing PW to stand at attention for two hours; failing, neglecting and refusing to give them necessary and available medicine and medical attention; burning; forcing PWs to work when physically unfit;

Verdict: 4 years CHL

Reviewing Authority's Recommendations: Accused struck, beat and kickked PWs for violations of camp regulations (having torn blankets) or for supposedly lying or for no mentioned reason except illness/being excused from work due to illness.

Reviewing Authority: Accused had orders from his commanding officer that only a certain percentage of the prisoners could be excused from work; but, he only sent slightly ill prisoners to work. Furthermore, he stated that he was prompted because "they would try to feign illness, no matter how well he treated them." He was trained in the army to hit others and when he hit PWs, he did so without any intention of mistreating them.

Prosecution Arguments: Record is legally sufficient to support all the findings except that of 4. It is believed that "even under a plea of guilty it should be corroborated in some manner." From the evidence introduced and with their pleas of guilty, the guilt of the accused was firmly established. There is no error which injuriously affected the rights of the accused or any failure to accord him a fair trial. There is no evidence that the accused was not sane at the time of the alleged acts and at the time of trial.

Defense Arguments: Paul E. Spurlock, Reviewer

Judge Advocate's Recommendations: No Comment Made