Defendant: Nishida, Tsugio, First Lieutenant, Japanese Army, Omori PW
Camp, Tokyo Area, Omori, Honshu, Japan
Docket No./ Date: 156/ May 5-7, 1947, Yokohama, Japn
Charge: Violation of the laws and customs of war: 1. Did willfully and
unlawfully mistreat and abuse PWs (spec 1-2,4-5)
Specifications: beating; causing civilian guard to mistreat PW; compelling
PWs to beat each other;
Verdict: 9 years CHL
Reviewing Authority's Recommendations: Accused beat PWs; ordered subordinates
to beat PWs; and forced PWs beat each other. No reason was given for such
treatment but in one specification, accused beat a PW while that PW was
undergoing other punishment.
Reviewing Authority: Accused admitted to striking a PW once who admitted
to stealing carrots; he did so out of anger. Denied every other occasion
of mistreatment alleged; denied knowing the PWs named in those other charges.
Denied ordering subordinate to beat PWs.
Prosecution Arguments: There are no errors or irregularities which injuriously
affect any substantial rights of the accused; there is no evidence that
the accused was not sane at the alleged time of the offenses or at the
time of trial. There is sufficient competent evidence in the record to
support the findings and sentence of the Commission. Reviewer found that
theses were not "simple assaults and of small consequence" as
alleged by the defense but were "batteries of a grave type."
The sentence is not excessive.
Defense Arguments: George R. Taylor, Reviewer
Judge Advocate's Recommendations: Allan R. Browne, Lt. Col., JAGD, stated
that "as an officer and educated man the accused should be held to
very strict accountability for his barbarous deeds, more so in fact than
if he were of lesser degree." So, the sentence, "correctly reflects"