The New York herald., 1921-02-23
CLEARS JAP SENTRY
IN LANGD0N KILLING
COurt-martial Acquits Shooter
of Accidental Murder of
United States Man.
LACK OF TRAINING CITED
Commander of Sentries Is Sus-
pended-Other Officers
Held Responsible.
LACK OF TRAINING CITED
BIZ INC Associated Press.

TOXIC. Feb. GA finding of not
guilty has been rendered by the court
martial which tried Toshigora Ogasa-
wara, the sentry who shot Lieut.. Lang.
don Of the U. S. S. Albany at vladivos-
tok last month. it was officially an
nounced by the War Department to-day
The trial was on the charge of accident
al murder
The conclusion of the War Depart
ments statement reads:
"In these peculiar circumstances un-
der which the shooting occurred and
because of the absence of any specia
provisions justly applicable to the pres.
ent case the court-martial has given
judgment as above. AS IL is clear that
the action of the sentry was chiefly due
10 lack of proper training, the command
er Of sentries Is held responsible and
ordered suspended, while other Officers
also responsible will be duly punished"
The judgment IN the case explains that
the accused was servi1g>as guard at the
headquarters of the Eleventh Division
and that at o'clock in the morning OF
January he assumed the sentryship in
front of the main entrance to the head
quarters. All the electric lamps in the
streets were out and everything was quiet
and in absolute darkness.
At 4 10 o'clock, the judgment con-
tinues. the sentry's attention was ar
rested by a flashlght. and he made out
a pedestrian approaching on the other
side Of the street. lighting his way with
a pocFet lamp.
AT that time" the document goes on
Several wires, including those used by
the Japanese troops, had been found
broken and hanging down in such a way
lNaN Nierht l-tl touched
passerby Naturally the accused sus-
pected that the pedestrian might intend
to cut wires.
LAS he passed the place where the
wires were the pedestrians lamp ceased
to shine. The sentry's suspicion was en-
hanced He left his post and challenged
three tines in Russian, but the man con-
tnued as If he had heard nothing. He
pursued the man as far as the crossway'
challenged twice and the man stopped.
The sentry asked in Russian whether the
pedestrian was q Russian or an Ameri-
can. The man answered, but the sentry
did not understand
"As the coat of the man indicated
nothing helpful to identification at first
glance the sentry in the hope of getefng
a better look attempted to seize the
pocket lamp.
1.-THE man drew the lamp back and at
the same time approached the sentry,
with his right hand thrust in his pocket.
The sentry hastily concluded that he
intended to assault him with a revolver.
"Out of fear the sentry withdrew q
few steps and made himself ready for
self-defence. The man turned and
walked away few steps. The sentry,
not completely trained and because SEN
tries have been warned against neglect
of duties on account of frequent assaults
on Japanese sentries. which are inevi-
table In the disturbed conditions of ST.
IBERIA, believed he could resort to arms
against whomsoever disobeyed his
orders and fired at the man from be-
hind, with the words: IF you run away
you will be shot
"As he tottered, the man fired two
shots at the sentry, whereupon the SEN
try fred again. Subsequently the man
was identified as an American officer.
The judgment declares that according
TO Japanese military law sentries are
justified In resorting to arms under the
following conditions First, when neces-
sary to self-defence: second, when there
is no other means of suppressing out
RACES: third, when there is no other
means of protecting life and property.
I'm shooting an American officer
the judgment continues. the sentry
came under none or the above conditions
and therefore cannot be regarded as
having discharged his duties properly.
To all intents and purposes he would
appear to he guilty. out an important
fact that should not be overlooked Is
that the sentry had never -undergon
perfect training necessary TO sentr,
and therefore when he fired at an Amer
lean officer he was under the impression
that he was perfectly fulfilling his
duties
What he did. therefore. was without
intent to violate the army regulations.
at the same time it could not be regard
ed as an action arising solely by acci-
dent"
WASHINGTON, Feb. 22.-Regret on the
part of the Japanese Government over
the fatal shooting of Lieut. w. H. Lang
! don Is reiterated in the reply of that
Government to the note from the United
states Government.
! The hope was expressed by the Japan.
| ese Government that the Government OF
the United States will fully appreciate
the sincere spirit I'm which the japanese
Government has acted I'm dealing with
this most unfortunate incident"
The State Department made public 9
! paraphrase of the japanese Govern
ments reply. based on cablegram from
! the American Embassy at Toxic, which
says the sentry who fired the fatal sho
has been held to be excused by the or
! ders and actions of his superiors upor
whom responsibility has been sqUarelN