The Case of General Yamashita:
Supplement to Memorandum

Courtney Whitney
Brigadier General, U. S. Army
Chief, Government Section



Government Section

Supplement to Memorandum,

The Case of General Yamashita

22 November 1949

Tokyo, Japan
27 January, 1949

Since preparation of my memorandum of 22 November 1949 exhaustive reference to the voluminous Japanese press coverage of the Yamashita trial has brought to light a formal statement made by Yamashita's defense counsel on 7 Novenber 1945 while the trial was in progress. This statement, as carried by the Nippon Times of that date, is reproduced hereunder for this record because of its complete negation of many of the statements and charges contained in the Reel book published nearly four years later.



""Defense Counsel, Major Guy, Issues Statement


"The following statement on the American Military Commission procedure in the trial of General Tomoyuki Yamashita in Manila was prepared by Major George F. Guy, assistant defense counsel, during his visit to Tokyo to collect evidence for the defense and was released on Tuesday by the PRO.


"The Military Commission now trying General. Tomoyuki Yamashita at the United States High Commissioner's residence in Manila, consists of five American Generals, appointed for this purpose by Lieutenant General Styer, Commanding the United States Forces in the Western Pacific. General Styer appointed this commission pursuant to directions from General MacArthur's headquarters.

"The trial opened on October 29 and is still in progress. The Generals originally appointed on the commission are:

"Major General Russell B. Reynolds, President ; Major General Clerance L. Sturdevant, Law Member; Major General James A. Lester; Brigadier General William G. Walker; Brigadier Gerard Egbert F. Bullens.

The order, appointing the commission, also appointed the following officers as prosecutors:

"Major Robert M. Kerr, Infantry, as Prosecutor; Captain M. D. Webster, JAGD; Captain William N. Calyer, JAGD; Captain D. C. Hill, JAGD; Captain Jack M. Pace, Infantry, as Ass't Prosecutors.

"Also on the same order the following officers for the Defense Counsel:

"Colonel Harry E. Clarke, JAGD; Lieutenant Colonel Walter C. Hendrix, JAGD; Lieutenant Colonel James G. Feldhaus, JAGD; Major George F. Guy, Cavalry; Captain Adolf F. Reel, JAGD; Captain Milton Sandberg,  JAGD.

"Under American law and under the directive concerning the appointment of the commission, all of the sessions thereof are open to the public and anyone is free to attend and listen to the proceedings. The only exception to this rule will be when the testimony is of a delicate nature, such as when it is necessary for women to testify as to attacks upon them. As a result, prectically all of the proceedings are open and available to everyone who wishes to go to observe.

"General Yamashita is being afforded every legitimate defense that can be advanced on his behalf. His counsel have all been working arduously on the case since the first week in October, when they were appointed, having even gone so far as to send Major George F. Guy, Cavalry, to Tokyo for the purpose of uncovering evidence which may be used in behalf of the defense of General Yamashita. The General cannot be forced to testify himself unless he so wishes and he has not been subjected to anything in the nature of a 'preliminary investigation' by the prosecution prior to the actual opening of the trial itself. He is being accorded all of the rights and defenses that would be accorded an American officer on trial. All of the witnesses who testify against him must do so in his presence and all of the documentary evidence introduced against him must be exhibited to him and his counsel before it is received in evidence by the commission. His counsel is also entitled to cross-examine all witnesses testifying against him. All of the proceedings are taken down in writing and the record thereof will, in the event of a conviction, have to be approved by General MacArthur before any sentence of the commission will be carried out. General MacArthur' s review of the record will assure General Yamashita that any record of conviction is legally sufficient to sustain the conviction.

''The Military Commission is a form of American military court and is authorized by American law.  A Military Commission ...            /2