Defendant: Tsuchiya, Hichiro, Mine Foreman, Osaraizawa Mining Company(copper mine), near Sendai Area PW Camps No. 6 and 7, Hanawa, Honshu, Japan

Docket No./ Date: 158/ Sep 10-11, 1947, Yokohama, Japan

Charge: Violation of the laws and customs of war: 1. Did willfully and unlawfully mistreat and abuse (spec 1-3, 5-10)

Specifications: beatings using among others pick handle, club, sledge hammer;

Verdict: 15 years CHL

Reviewing Authority's Recommendations: Accused beat PWs with tools and weapons, sometimes until the PW lost consciousness. These beatings followed without provocation mentioned or when asked to be excused from working due to illness or when unable to work fast enough due to illness. All prisoners working under the accused's detail were beaten either with fists or with the pick handle; no provocation mentioned.

Reviewing Authority: No complaints were received by those authorities at the camp stating that the accused struck or mistreated PWs. The accused stated that in all he had struck about three PWs, on one occasion in order to have the PW leave a dangerous spot; however, he struck no other PWs. HE did not know any of the victims mentioned in the specification; did not recall any incident remotely like the ones alleged.

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.

Defense Arguments: Samuel S. Wolf, Major, JAGD

Judge Advocate's Recommendations: No Comment Made