Tagusari, Sukeo, Kei Kai In (Civilian Guard), Tohoku Denki Seitetsu Company
Docket No./ Date: 56/Dec. 12-23, 1946, Yokohama, Japan
Charge: Violation of the Laws and Customs of War: 1. Did willfully and
unlawfully mistreat and abused American and Allied PWs.
Specifications: beating using among other things, hardwood stick, fists,
Verdict: 22 years CHL
Reviewing Authority's Recommendations: Accused worked at the plant where
PWs from the Sendai Area PW Camp No. 10, Wakasennin, Honshu, Japan were
forced to work. Accused was the man responsible for the alleged acts.
Accused beat PWs for not working hard enough or for not doing things the
"right way" or for no reason at all. Beating preceded any attempt
Reviewing Authority: Accused claimed that he had slapped PWs for infraction
of rules and for disobeying his direct orders: accused denied warning
PWs for not working "as hard as the others." He claimed that
he only slapped them (concerning 3 of the specifications) after several
warnings about their infraction of the rules or if they insulted him but
never with a stick and not brutally as claimed by the specifications.
Accused did not recall and denied other specifications on the grounds
that he was not present. Accused did admit that he had been warned by
the commandant and had his salary reduced but not for "any special
Prosecution Arguments: "The court was in a position to judge the
demeanor of the accused, in determining if they were guilty of the crimes
alleged. If there was a variance of a day or two in time as to when the
alleged offenses were committed, it should not affect the finding of the
court so long as the court felt sure the accused had committed the offense
on or about the day set out or sometime within the alleged space of time
as specified. The accused easily remembered dates on which they did not
commit an offense but their minds were not too clear as to the dates on
which they did commit an offense." The reviewer stated that there
were no specification for which the accused was found guilty for a permanent
injury. "While some of the beatings were extremely severe, there
were no indications of a true torture pattern entering into the beatings"
and for that reason the sentence accused should be reduced to 15 years.
Defense Arguments: I.O. Hagen, Reviewer, Judge Advocate Section
Judge Advocate's Recommendations: Lt. Colonel Allan R. Browne, JAGD,
stated that in regards to the recommendation that the sentences of the
accused be reduced, "consideration of the brutal and unusually severe
results attending some of the beatings in the case of each accused compels
a conclusion taht the commission's sentences were appropriate and consonant
with those of others in these trials."