Defendant: Yamada, Tomio, Civilian guard/Employee, Armed Forces, Umeda
Bunsho POW Camp, Osaka, Honshu, Japan
Docket No./ Date: 32/May 13, 1946 - May 17, 1946, Yokohama, Japan
Charge: Violation of the Laws and Customs of War: 1. Did wilfully and
unlawfully commit cruel, inhuman and brutal acts, atrocities, and other
offenses against certain American POWs
Verdict: Life Imprisonment
Reviewing Authority's Recommendations: Record is legally sufficient to
sustain the findings and sentence of the commission. From the evidence
the guilt of the accused is established. There is no evidence that the
accused was not sane at the time the alleged aacts were committed.
Reviewing Authority: Paul E. Spurlock, Reviewer, Judge Advocate Section
Defense Arguments: 1. Customary in the Japanese Army to slap a man and
let him off if his offenses are light. 2. Guards could not force a prisoner
to work over Captain Nell's orders and there were no cases where they
were forced. 3. Sometimes prisoners wanted to go to work, though on sick
call, and were permitted. Incentive was extra food on the job and the
work was light. 4. Accused was friendly and popular with the prisoners.
Accused was not seen hitting any prisoners. In fact, accused was concerned
for them and tried to make it easier for them. 5. Denied mistreating any
prisoners beyond slapping for offenses, which was customary.
Judge Advocate's Recommendations: