Defendant: Yumita, Kyogzo, Occupation Unknown, POW Camp No. 5, Honshu, Japan

Docket No./ Date: 27/April 11 - 24, 1946, Yokohama, Japan

Charge: 1. Unlawfully committed cruel and inhuman acts and atrocities against POWs

Specifications:

Verdict: 15 years confinement at hard labor/ Sentence Upheld

Reviewing Authority's Recommendations: Reviewer states that the defense amounts to a mere denial of all charges. Reviewer and those above believed sentences to be too light.

Reviewing Authority: Paul E. Spurlock, Reviewer, Judge Advocate Section

Prosecution Arguments:

Defense Arguments: 1. Slapped prisoners for stealing but slapping was better than what would have happened. He"never struck a prisoner with his hand so hard that the prisoner fell down, nor did he even strike a prisoner with anything other than his hand, nor did he ever kick a prisoner." 2. Was not at the camp for the V for Victory incident.

Judge Advocate's Recommendations: What is the difference between "willfully and unlawfully" and "unlawfully?" Or is it just an omission in the case of Yumita? I ask if omission because in specification 4-7, two of which he is found guilty, they use the language willfully and unlawfully.