Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-07-12

mary which contained the fol-
flowing:
"He (Girard) and Nickel
went to the gun and, about
1915 hrs he picked up and
threw expended cartridge cases
in the direction Of the slope
south Of the hill. and, beckon-
ing Hidehara Onozeki (male)
and Naka Sakai (female) who
had been at a place in the
southwest of Hill SIS to gather
empty cartridge cases. etc.,
cried out to them: 'Papa-San,
daijobu.' 'Mama-San, dali
Jobu' cold man, OK. old lady,
O.K.o, etc. in Japanese and
thus let the, two japanese pick
UP expended cartridge cases he
had thrown. Then he. pointing
to the nearby hole for Naka
Sakai, cried out to her in Jap
anese. Mama San, takusan-
ne cold lady, plenty more!D,
and limiting thereby that there
remained some expended cart
ridge cases in it, induced her
to 60 to the hole. But. at that
moment, Hideharu Onozeki.
who was picking up expended
cartridge cases on the said
slope, became suspicious Of the
suspects behavior and tried to
run away. The the suspect
suddenly shouted to Onoseki.
'Ge-rou! Hey!' and fred a
blank shot towards him, plac-
ing an exploded cartridge case
in the grenade launcher at
tached to the rife which he
carried with him. Then he
cried out 'Ge-Rou! Hey!' to
Naka Sakai who was in the
hole, and, when he saw her
running of toward the north
slope Of the hill, he. holding
the stock of the rife under his
arm, fired standing a blank
shot toward her about eight
~ meters away with. an
expended cartridge case put in
the grenade launcher. just in
the same manner as he had
done to Hideharu Onozeki, as
the result of which he made
her sustain a penetrating
wound on the left side Of her
back which proved fatal on the
spot because Of the loss of
blood resulting from a cut in
the main artery"
japanese Conclusion
The Japanese conclusion was
stated as follows:
Specialist &c William S.
Girard, the suspect in this case.
had been instructed to guard
q machine gun and equipment
at the time Of occurrence of
the case. 1t is evident, however,
as shown in the above finding
Of facts, that the incident arose
when he, materially deviating
from the performance of such
duty Of his, wilfully threw ex-
pended cartridge cases away to-
ward Naka Sakai and Hide
haru Onozeki. and. thus invit-
ing them to come near to him.
he fired towards them. There
fore, the incident is not con-
sidered to have arisen out of an
act or omission done in TIA
performance of official duty"
DISCUSSIONS IN THE
CRIMINAL JURISDICTION
SUBCOMMITTEE OF THE
JOINT COMMITTEE
At the same time the follow
Ing exchange occurred:
United States: Do Won agree
that Girard was on duty as a
guard, and that the incident
arose while he was on such
duty?
Japan: We admit that he was
on duty, but it is our position
that the shooting had no con-
nection with his duty of guard
ing the machine gun. The act
OF Girard in throwing out brass
and enticing the victim toward
him had no connection with
guarding the machine gun.
U. s.: Your statement of
TACT dies not take into account
Girard's statement of his in
tent. That is, that he fired for
the purpose OF soaring the jap
anese away and thus insure the
safety Of the machine gun.
Japan: The evidence shows
that there was no danger to
the machine gun. Nickel made
q statement to this effect. Thus.
we do not consider that Girard
actually fired to protect the
machine gun. The Japanese
were only picking up brass in
the vicinity: they were rot in
terfering in any way with Cir
ards mission to guard the ma
chine gun. There was thus 10
necessity or reason for Girard
to shoot at them to insure the
safety Of the machine gun. It's
safety was never in danger.
Further, according to the state
ment Of 1t. Mahon. firing an
empty cartridge from q grenade
launcher is not authorized and
any superior Of Girard's observ-
ing such an action by Girard
would have been Obliged to IN.
terfere and prevent Girard
from firing his weapon in this
manner.
U. s.: However. II we give
full weight to Girard's state
ment. we must conclude that he
did. In fact. IRE to scare the
japanese away and thus in
sure safety Of the machine gun.
He may have been mistaken in