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
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