|
MURATA, Sadayoshi [Marginal Note: Sugamo, 6 Feb 47] Statement of Murata - 6 Jan 47(420) Murata is 46 years of age. Since the war he has engaged in private law practice. He is a graduate of Kyushu Imperial University H̶o̶s̶p̶i̶t̶a̶l̶, after which he went into the Army, then into the Department of Justice as a Prosecutor; then in the Army as a 2nd Lt. in 1941, He was then assigned to the Legal Section, Western Army in 1942, which position he held until September 1945 when he was demobilized as a 1st Lieutenant. Major General Ito became Chief of the Western Army Legal Section about 1944. The Legal Section had 46 officers, plus four probationary officers, and was concerned with investigation of violation of Military Law, trial and legal advice. Preliminary investigation was had by the Kempetai, then turned over to Legal Section Chief;who would appoint the investigation officer who would determine whether it would go to trial. The Chief of the Legal Section could appoint any officer from the Legal Section as a trial Chief, who would in turn appoint the other two. Gunzaburo OKI of the War Department Legal Section was an acquaintance of Murata and his instructor at Military School. The Western Army Legal Section was composed of the following men: Chief - Ito; Senior Member - Captain Yusei Wako (acting chief when Ito absent); Murata - Legal Officer and Prosecutor. As Legal Officer, initial member on trial boards. 1st Lt. Konji Yoshida, Legal Officer and Prosecutor; P. O. Soda - Prosecutor; P. O. Ohnishi - Prosecutor P. O. Saito - Prosecutor; P. O. Shimomitsu. Prior to the end of the war 2nd Lt. Zushi and 2nd Lt. Mimuro were added as Legal Officers and Prosecutors. Murata consulted with the Commanding General as to investigation reports, six or seven times a month. Before investigation resulted in trial, the Commanding G-eneral would have to affix his signature. On 17 or 18 August 1945, Tomomori called Murata in and told him to dispose of the ashes of the flyers. The Adjutant's Office kept regulations as to Prisoners of War. The Military Commission would be responsible for the trial of Prisoners of War who disobeyed regulations such as indiscriminate air raids, etc. If such flyer would be found guilty on trial he would get death. These regulations concerning prisoners originated from the Commanding General, Western Army and were based on regulations forwarded by the Second Central Army;where a trial of a prisoner would take place a report would be made to the War Department Legal Section of the case by the Chief of the legal Section which would include the investigation and the sentence. In November - December 1944 or 12 January 1945, the Second Central Army ordered the Western Army to form its own Military Commission for Prisoner of War trials and to apply Second Central Army Regulations thereto. The War Department ordered the Western Army to set up Military Commissions for the trial of enemy plane crash survivors and send a brief outline as to how it was to be set up. The Second Central Army Hqs stated that the punishment for indiscriminate bombing would be death. The Amakazu case of 1923 declared that a subordinate could be convicted for carrying out an illegal act. Note: Actually the case did not hold this. Murata then states that despite previous assertion above, the War Department did send Western Army directives as to prisoners re punishment. Only Staff Officers sat on Military Commissions at Western Army, although any officer actually could sit. The procedure as to crash survivors: The survivor was brought into Western Army Hq, Fukuoka, and interrogated as soon as possible by the Intelligence Section. The Kempetai then investigated them as to violation of International Law. A report from the Kempetai was then received by the Legal Section. Between 1 January 1945 and the end of the war, close to 40 prisoners were under Western Army: 7 or 8 - KIU 8 - 9 - Beheaded 20 June 1945 - Western Army Hq. 7 - 8 - Beheaded four or five days after atomic bomb at Aburayama. 15-16 - Beheaded on 15 August at Aburayama 37 - 41 Murata feels he had heard the names of: Sergeant Otto W. Baumgartem Master Sergeant Robert J . Aspinall Tech. Sergeant Edgar F. McElfresh Serge Davison. Murata believes that four flyers were sent to the Military Commission for trial, and sent to Legal Section the middle of May 1945. Murata was the Prosecutor and Investigator. These four flyers participated in the January or February incendiary raid on Tokyo. He said they were aiming at military targets, but because of night and fires they might have missed. Tokyo Kempetai reports show no military danger in those attacks. Murata recommended to the Chief of the Legal Section that the men he tried. One was a 1st Lt. and the other three NCOs - all bombardiers. The case was referred to the Legal Section for trial in the first or middle part of May (Investigator states Davison didn't crash until July; McELfresh and Baumgarten - 7 May and Aspinall - 7 April). Ito disagreed and wanted the War Department, Legal Section*s opinion, to which there was no answer, so a radio was sent to Tokyo about 10 June and there was still no answer. The four scheduled to be tried were beheaded 20 June. At the end of the war Sato told Murata that a few flyers apprehended in January and February 1945 were sent to Tokyo. About 1400, 20 June, Murata heard of plan from Wako s̶t̶a̶t̶i̶n̶g̶ ̶t̶h̶a̶t̶ ̶S̶a̶t̶o̶ in corridor of trial building; Wako stating that Sato had called him to his office and told him that they would that day execute all flyers held and that Wako was to prepare for the execution. Wako gave Murata the impression that he had talked to Yokoyama and said that the execution had the approval of the Commanding General, who told Wako to execute the flyers, (were ambiguous as to wither Wako or Sato talked to Commanding General). Wako stated that the four flyers up for trial would be executed, said the execution would be in compound in the yard behind the service kitchen next to the girl's school. He said it would be better if too many people did not see it and that he, Wako, would have some guards dig a pit there. Wako said the Chief of the Legal Section did not know about it. Murata searched for Ito until 1440 and then went to the grounds where Wako and five or six guards were digging a pit. He believes that Sergeant Major Uemura or 1st Lt. Shimazaki (warden of detention barracks) were ordered by Wako to bring the prisoners out. 8 or 9 were brought out, lined up, blindfolded and their hands tied. Present: Murata, Wako, 1st Lt. Yoshida, 2nd Lt. Ohno, PO Soda, PO Chinishi, PO Saito and PO Shimomitsu of the Legal Section Staff. Also present were 1st Lt. Shimozaki and 2nd Lt. Tanaka of the Legal Section Administration, plus five or six Legal Section NCOs. The Chief of the Legal Section that morning ordered them there since the Legal Section quarters had burned. It was the responsibility of the Senior member of the Legal Section to handle prisoners - Wako as Chief of Detention Barracks through Yokoyama - not Ito’s responsibility for the welfare and guardian of the prisoners; as such was an agent of the War Department through Commanding General. Since enemy crash survivors were not official prisoners, they were seldom imprisoned as such in Detention Barracks. The Staff Section took care of the four prisoners up for trial on the advice of Ito. Murata had the flyers kept in the Detention Barracks because it was difficult to guard them otherwise and this was requested by the Adjutant Section. After the war Wako burned the Detention Barracks because flyers had written on the walls in English. On 20 June the victims were lined up in the yard of the detention barracks and they waited five minutes for Sato. Wako went to his office, came back and told the Legal Staff that Sato said to take the flyers out to the pit and that, he, Sato, would join them there. "Wako ordered the guards to take the prisoners.to the pit, one guard per flyer. Members of the Legal Section and others followed to the scene of the execution, in all about 30 or 40. Before going to the scene, Murata went back to look for Ito and found him at the detention barracks and told him Wako, under Sato, was to behead all flyers held at Western Army. Ito asked if the Commanding General knew of the execution and Murata replied that he did, according [Marginal Note: ? ] to what Wako had told him. Murata then went to the scene of the execution alone. The flyers were placed in a line, nine feet apart, 50 yards from the pit. At the pit stood Wako and spectators. Sato then arrived. Before Sato arrived Wako told spectators not to permit women to see the execution. Sato stood near the edge of the pit. Sato was nine feet from Wako with other members of the Legal Staff and six feet from a bucket of water used to wash the swords after each execution. The officers and Probationary Officers of the Legal Section were present. Most of the spectators were NCOs. Wako told Sato he was ready and the first prisoner was called who kneeled on a straw mat by the pit. Wako stood behind him with a three foot Samurai sword and severed his head with one stroke, the body and head falling into the grave. Wako held his sword out and someone else poured water over the blade. This was between 1500 and 1530. Among the prisoners were the four who were t'o be brought to trial. Murata made no protest, but states that such killing is an illegal act under Japanese law. At this juncture of the statement Murata now states he told Ito only after the execution that Wako bad Yokoyama's approval. The second prisoner knelt on the mat at the edge of the pit. Wako severed his head with a single stroke and the prisoner fell in the pit and Wako washed his sword, the head hanging by the skin to the body. Murata did not see the third execution since he went on an errand to inform two or three girl typists to leave the scene and on his return he noticed that there were four or five bodies in the pit. Probationary Officer Onoshi was then washing his sword and Murata overheard a Legal Section Probationary Officer say that Onoshi was not very good with the sword when he beheaded one of the flyers. In this group talking after the execution were Soda, Saito, Shimomitsu. Murata believes Shimazuki beheaded the other one or two prisoners since two or three days after the execution he overheard Shimazuki discuss with Legal Section NCOs the subject of Kendo and beheading in which he said the sword was short but that it cut very well. He also overheard him say that he frequently killed persons with a sword in China. Fifteen minutes elapsed from the time Murata talked to Ito to the time of Murata's return after he had gotten rid of the girls. When the fifth or sixth prisoner was brought out 1st Lieutenant Toji volunteered to Wako, who handed him his sword. Murata didn't notice Ito present until after Toji executed the first prisoner. After Toji beheaded the prisoner Wako criticized him for nicking his sword. Toji then executed the next prisoner, again washed his sword and also executed the third and the fourth prisoner. Therefore, Wako beheaded two prisoners, Shimozaki one or two, Onoshi one and Toji four. Wako reported to Sato that the execution was finished and he then ordered the detention barracks guards to fill the pit. The Legal Section staff, including Wako, Sato, and Murata then went to the trial building. Some members of the Legal Section wondered what Toji's name was and then went out and learned his identity. Toji being 1st Lieutenant of the Intelligence Unit. Ito then inquired of Wako if there was no mistake as to approval of the Commanding General and Wako said "no mistake" and then Ito asked if the four flyers up for trial were in the group and Wako answered that they were. Ito then said that a report on those four flyers had been sent to the War Department, Legal Section and that they, therefore, would have to send a report of the result of trial. Wako said that Sato would report to the War Department that all the prisoners who were executed bad been killed in the 19 June air raid. This conversation took place 20 or 30 minutes after the execution. Murata believes Ito left the scene of the execution earlier than the rest of the group. Ito said the Legal Section should get a copy of Sato's report and send it to the War Department, Legal Section. Ito then said he would report the execution to the Commanding General as an order carried out. Four or five days later Ito asked Murata as to the Staff Section report and Murata got Sato's promise he would give a copy of it to the Legal Section. The next day the. report came in under the name of the Chief of Staff or the Commanding General - Murata believes it was under the Commanding General's name. There were 16 names, rather than 8 or 9. Wako said several days before he had heard about the autopsy operations performed on prisoners from one Maegawa, and he believes these persons were also included in the report. Murata checked four prisoners names who were to be tried and they were on the list. He then gave this information to Ito, who sent the report to the War Department Legal Section personally and wrote the Legal Section report which he attached. Murata then recalls that Maegawa told him about operations in the Legal Section Staff Office just after lunch. 12 August execution: Because of the Hiroshima bombing, the Western Army Hqs, except the Air Defense, moved to Hirao on 8 or 9 August, including the Legal Section, except one man who stayed in Fukuoka as liaison with the detention barracks. About 10 August at 1000, Ohno told Murata he heard all Prisoners of Western Army Hqs were to be taken to Aburayama and be executed there that day. He asked Murata to attend and said that the Probationary Officers of the suicide unit were to carry out the execution. Murata declined to go. Twenty minutes later, curious, Murata went to the Air Defense building and saw the prisoners surrounded by the suicide unit Probationary Officers. A truck left by the back gate with about twenty persons on it. About 1300, Ohono and Wako came in to the old Legal Section office and Ohno told Murata a member of the 6th Japanese Air Force had been executed that morning at Aburayama for burning an airplane and because of this Wako was at Aburayama as a witness. Ohno stated Wako also witnessed the execution of the flyers and returned with him to Fukuoka. Wako then said that there was another execution of flyers at Aburayama, neither "felt well". Ohno said he had been an executioneer; Wako said that Ohno was very poor. Yoshida then came in and stated he attended the execution at Aburayama that morning. Yoshida believed that the executioner had permission of the Commanding General, but he did not know. 15 August executions About 1600, 15 August, at Fukuoka Hqs. Wako told Murata that the remaining plane crash survivors were to be beheaded at Aburayama that day; said the bodies were to be cremated there and that he was thinking of disinterring the bodies of the 20 June execution and cremating them and that he had arranged with the Adjutant for such. The accused went with Wako at Wako's request. Wako ordered the detention barracks guard to dig up the bodies and then went to Aburayama where the bodies of those executed on 10 August were dug up, some 7 or 8. Also about 15 bodies of those executed on 15 August were dug up. A Sergeant said that 2nd Lieutenant Nakamura was in charge of the crematorium At Wako's request Murata accompanied the truck that turned over the bodies to the crematorium. 31 or 32 bodies were turned over. Wako told Murata to instruct Nakamura to gather part of the ashes of 16 prisoners to bury in a military cemetary at Rokuponmatsu at Fukuoka City, since 16 had been reported to the War Department as killed in an air raid. About 1900 the bodies were prepared for cremation and Murata observed the flames from the cremation and left. Marginal Note: why ] The next morning at 0500 Murata returned to Aburayama at which time all the bodies had been cremated and there was one large box and one small box. Nakamura and Murata took a bone from each of the 16 and put them in a small wooden box. The rest of the ashes were put in a large box and left in a straw sack. They then stopped at Rokuponmatsu and buried the snail box at the highest part of the cemetary and arrived at Fukuoka at 1000. Nakamura was told by the Adjutant Section to leave the large box and sack at the detention barracks. Two days later at 1800 Colonel Tomomori, the Assistant Chief of Staff, phoned Murata to dump the large box and sack into the sea quietly that night. Murata told Sato of this. Sato then told Murata to get two or three soldiers from the Air Defense Unit and they dumped the contents into the bay at Magahama, which was a mile away and returned about 2200. About 20 August Captain Yukino of the Adjutant Section told Murata that he had dug up the box at the cemetary and took it to a Buddhist Church for a few days and then buried the contents on a Hirao mountain. Murata heard Sato tell Ito, Fukushima and Tomomori that he had returned from Tokyo and had there recovered Western Army report to the War Department which stated 16 prisoners were killed in an air raid. Sato stated he intended to recover the copy sent to the War Department Legal Section, but that there was no time and so he telephoned a Legal Section Colonel to destroy the report and the Colonel told him all records concerning Prisoners of War had already been burned. Murata opines that this Colonel must have been Ae Ginzuburo Oki. Murata further states that Fukushima, Tomomori and Sato were attempting to hide the executions. On 8 September Ito told Murata that he was demobilized and that his story should be that after transportation became difficult, the flyers were sent to Hiroshima where they were killed by the atomic blast and that prior prisoners had been sent to Tokyo. In October Murata was ordered to report to Ito who told him to change his story that only 7 or 8 were killed at Hiroshima and the remaining sent to Tokyo in special planes of the Special Attack Corps. It was planned to say that Kusumoto took the prisoners from the detention barracks to Tachiarai Field where they were sent in two planes. On 28 or 29 December Murata was called back and questioned by Oki as to the execution of 20 June. About a week later Sato visited him and told him Yokoyama asked him to take the responsibility, which Sato said was unreasonable and he further stated that it was unbelievable to think a staff officer could order an execution without approval of the Commanding General. The War Department in April or May, in answer to Sato's inquiry said ''appropriate measures should be taken locally "and that the Commanding General and staff interpreted this to mean to kill prisoners, but that the War Department, after the war, stated that they meant that an investigation was to be made to enable a determination of proper punishment. Sato told Murata not to mention that he was at the 20 June execution. In March 1946, Prosecutor Suzuki wired Murata to come to Fukuoka where Murata again met Sato who told him to say only part of the prisoners and not all of them were executed.by the Western Army on 20 June. Suzuki then questioned Murata for about one half hour about the 20 June execution and a statement was taken. Wako ordered the detention barracks burned because of the English written on the walls by the flyers. Wako said a member of the staff approved this and the barracks were burned on 18 August. Murata believes that the Commanding General had to approve this burning. |