Evening star., 1945-12-01
Nod by yamashita
Sent 500 10 Death,
Jap Colonel Says
BY the Associated Press.

BY the Associated Press.
MANILA, Dec. 1.-At least 600
Fflipinos were shot without trial
after 1t. Gen. Tomoyuki Yamashita
merely nodded < noncommittally
when asked what disposition should
be made of q group of suspected
guerrillas, q Japanese colonel testi-
fed today.
The officer, Col. Hidee Nishiharu.
called by the prosecution as re-
buttal witness at Yarnashita's trial
before a special American Army
commission of war crimes charges,
headed the judge advocate generals
department OF Yamashita's COM
mand.
Nishiharu said he told Yamashita
there was a large number of guer-
rillas In custody and that q military
police officer said they would be
killed. There was no time left for
trials for nearly 1000 suspects held
by the Japanese, the witness said.
Nishiharu told the commission he
considered Yamashita's nod as ap-
proval for turning the prisoners over
to the military police.
The 600 then were loaded into
trucks, taken to a cemetery and
shot without trial, Nishiharu said.
Acquittal Plea Rejected.
The military commission earlier
rejected a mot guilty" motion
which defense counsel asked on
concluding it's case.
Yamashita yesterday testified in
45-minute. speech that he neither
ordered nor condoned japanese
atrocities in the Philippines and
asserted he would punish, the per-
petrators now If he had the power.
A written statement by Yama-
shita, giving his views on a COM
mander's responsibility, was entered
In the record today.
Yamashita contended that If the
order Of a commanding ofiicer made
it possible for a subordinate to per-
nit or condone atrocities then the
commanding officer should receive
criminal punishment. But he
argued that If a commanding officer
took all means possible against
atrocities, and a subordinate con-
doped them at time and place not
known to the commanding officer,
then the commanding officer should
not be held accountable.
Concludes With Oath.
IT could have foreseen these
things" the grim conqueror Of
Singapore muttered in his testa-
mony yesterday, Il would have con-
centrated all my efforts to prevent
them" <
Dramatically, heScencluded with a
solemn oath:
'I will swear to, heaven and earth
to the truth OF these points"
Dramatically, in his turn, Chief
Prosecutor Maj: Robert Kerr pointed
toward a map e0f the Philippines
heavily dotted with red pins indi-
eating the areas Of reported atroci-
ties. AS Yamashita squirmed around
in his chair to look at the chart,
lights blazed up to illuminate it,
and Maj. Kerr said:
Each red pin represents major
violation Of the laws Of war by men
under your command, according to
the testimony in this case and ac-
cording to the evidence Of approx
imately 10000 men, women and
children.
Claims Life Of Airman Saved.
do you still deny that you ever
heard of these killings?"
Glumly the grim-faced general
responded: II
II never heard nor did know of
these events" X 1T
At the end of Maj. ..Kerr's cross
examination, Col. Harry E. Clarks,
chief defense counsel, questioned
the witness briefly and drew out q
story Of how Yamashita saved the
life of an American airnan during
the final stage Of the battle of
LuZon.
This flyer, the defendant testi-
fed, was a Capt. Shaw who landed
near his headquarters. He was "a
fine officer and every one liked
him." Yamashita said, but the jap
anese themselves were short Of food
and communications. So Yamash-
ita had two.of his oficers'escort the
captive back to American lines and
later was most happy" to receive a
letter from the 32d Division stating
he had arrived safely.