Evening star., 1945-10-08
Torture and Massacre
|0f $4,000 Charged
To Yamashita S Men
Ex the Associated ,.ress.

10 fdmdSnIId 5 Wen
Ey the Associated rress,
MANILA, Oct. 8.-Lt. Gen
Tomoyuki Yamashita. erstwhile
'"Tiger of Malaya," pleaded not
guilty of war crimes today after
his counsel said the American
Army had no case against him
and Immediately the prosecution
countered with a bill of particu-
lars accusing the men of his
command of "a atrocities in the
Philippines.
Torture, mutilation and massacre
of more than $4,000 noncombatant
men, women and children were
listed.
The atrocities were not attributed
to Yamashita himself. Since his
trial, scheduled to begin October 20
is to be the first of round-the-
world series involving war criminal
suspects, the question of response
bility held by the general for acts
of the troops under his command
was precedent-setting point.
Yamashita's court appointed
American counsel moved at the
generals arraignment for dismissal
of the war criminal charge against
him on the ground it was general
vague, and held Yamashita person
ally responsible for no atrocities
He was charged only with failure
to prevent his troops from commit
ting brutal atrocities.
Document Is Filed.
Within a few hours the prosecu-
ton prepared and filed with the
American military commission
which conducted the arraignment
document of several thousand
words that accused Yamashita S
men of crimes ranging from petty
looting to wholesale slaughter and
torture.
1t gave the names of American
and Filipino soldiers who were tor
tured and mutilated by the gener.
ais men. 1t gave the dates, exact
locations of the crimes, and the
names of the witnesses who escaped
final execution.
Rape cases ran into thousands
Specific beatings were dispassion.
ately noted. The burning, pillagins
and looting of Manila was laid al
the door of Yamashita's men.
An American military commits.
sion Of five. generals heard Yama'
shita's plea of not guilty, immed
lately fixed the date of the trial
and directed that it be held in tn,
former residence of the Philippin,
high commissioner.
Defense Council Named.
The 59-year-old Yamashita wol
one round and lost one at tn,
start of his fight for life. Col. Harry
E. Clarke, Altoona, Pa, chief counsel
obtained the appointment of Yama.
shita's former chief of staff anc
deputy chief of staff, 1t. Gen. Mutt
and Maj. Gen. UtSonomiya, to tht
defense council staff-a surprising
move in view of the fact that bott
are being held in New Bilibid Prison
as war criminal suspects.
Col. Clarke failed in a dramatic
move to have the charges against
Yamashita stricken altogether or
the grounds they failed to state 6
single violation of the laws of wal
on the part of the accused. He wor
a small concession, however, wher
the commissions presiding officer
Maj. r. B. Reynolds. Dundee, Mich.
ordered the prosecution to supply
the defense with bill of particulars
specifically outlining the crimes Of
which Yamashita is accused.
Gen. Reynolds overrode the con-
tention of the chief prosecutor, Maj
Robert NJ Kerr, Portland, Greg, that
the proceedings were nothing like
those of any ordinary court of Law
and that no detailed statement OF
charges was required.
Kerr's Protest Overruled.
Maj. Kerr also protested bitterly
the appointment of the two Japa-
nese generals to Yamashita S de-
fense staff, but Gen. Reynolds al
lowed their appointment "in the in
terest of fair trial" Maj. Kerr
iheatedly protested the appearance o
such men before this commission
as lawyers" and argued that il
might later have an effect on theil
own trials. Col. Clarke had asked
for their addition to the defense
staff on the ground they were ac-
quainted with many facts concern.
ing Yamashita of which he knew
nothing.
The arraignment was carried ou
in Hollywood like atmosphere, with
camera flash bulbs lighting tn,
room intermittently, reporter
.scribbling constantly and newsree
cameras grinding and clicking con
stantly.
With Gen. Reynolds on the com
mission were Mai. Gen. Clarenc,
L. Sturdevant, 1000 Cathedral ave
nue. NV. Washington, D. c.; Maj
Gen. j. A. Lester, Columbia, S. G..
Brig. Gen. william G. Walker. 361:
Quesada street, Washington, ant
Brig. Gen. E. F. Bullene. Pacifi
Grove, Calf.
Mrs. Osmena at Hearing.
AS Yamashita entered the court
room. spectators craned their necks
especially the Filipinos. Mrs. Sergi.
Osmena. wife of the Philippine Pres
ident, sat in the front row not NOR
than 10 feet from the general ant
! stared at him intently during tn
trial. Wearing a white, native
style dress with large red, blue ant
green dots, she added a note of colo
to the proceedings.
Yamashita seemed nervous rathe
than sullen. Before the proceed
ings were under way he drummed hi
fingers on the defense counsel
desk. Not once during the entir'
arraignment did he look at the au
dience, Filipinos and GIs. Th
spectators had stood for man,
hours before the building, waitin,
the opening of the doors.