The Evening Star (December 7, 1945)
First of three appeals planned by Yamashita after death sentence
MANILA (AP) – A five-general American military commission today convicted Lt. Gen. Tomoyuki Yamashita, former Japanese commander of the Philippines, of having permitted “a series of atrocities and high crimes by Japanese armed forces under your command” and sentenced him to hang.
Those brutalities “were not sporadic incidents, but were often methodically supervised by Japanese officers and noncommissioned officers,” Maj. Gen. Russell B. Reynolds, president of the commission, stated as he read the verdict.
Yamashita, who already has lost an appeal to the Philippines Supreme Court to take jurisdiction of his case and free him from the military trial, still has an appeal to the U.S. Supreme Court pending and at least three additional appeals to make.
Defense counsel has indicated it will take full advantage of every possibility because the Yamashita case is precedent-setting in international laws. Yamashita was the first Pacific war leader ever to be tried for war crimes.
Styer to get appeal
Yamashita’s first appeal will be made to Lt. Gen. W. D. Styer, commander of Army forces in the Eastern Pacific. If Gen. Styer upholds the commission, he may appeal to Gen. MacArthur, as Allied commander of the Pacific; then to the U.S. Supreme Court.
Before hearing the verdict, the stocky defendant stood, visibly nervous, while an interpreter read this statement to the court:
“I wish to stand here today with a clear conscience and swear to God I am innocent of these charges. I wish to take this opportunity to express gratitude to the United States officers of the defense, brilliant and upright officers. I want to thank the commission for a fair trial.”
Fumbles with watch
As the interpreter spoke, Yamashita nervously removed his wrist watch, wound it fumblingly.
When the commission was ready to pronounce sentence, the Japanese general was led before the bench with his chief counsel, Col. Harry E. Clarke.
Gen. Reynolds intoned: “This commission finds that a series of atrocities and high crimes were committed by Japanese armed forces under your command against nationals of the United States and its allies and dependencies. That these were not sporadic incidents, but were often methodically supervised by Japanese officers and noncommissioned officers.
“During the period in question you failed to provide effective control of your troops as required by the circumstances. Accordingly, on a secret ballot, two-thirds or more of this commission concurring, this commission finds you guilty as charged and sentences you to death by hanging.”
Yamashita’s shoulders sagged as he heard the sentence, but he straightened quickly and made a curt bow to the commission. He quickly was led by military police from the courtroom back to his cell in Old Bilibid prison.
The entire court procedure required less than 15 minutes.
In Tokyo a few hours before the verdict was read, the general’s wife said she had rejected suggestions from friends to appeal to Mrs. MacArthur for “help and justice for my husband.”
“The method of justice on the American side is admirably fair,” she was quoted by the newspaper Mainichi. “I am pleased with it. I thought my husband should be put on trial naturally because he took command for a long time in the front.”
Awaits formal review
Outwardly calm, Yamashita was taken to New Bilibid Prison under armed guard to await formal review of his death penalty.
Back in his quarters after hearing sentence pronounced, the doomed Japanese commander impassively smoked a cigarette.
Earlier, Lt. Gen. Akira Muto, his chief of staff, had burst out: “Why must they hang us? Why can’t they shoot us like true soldiers?” Yamashita made no reply. He was smiling as he entered the cell.
Yamashita rewarded each of the attorneys. He gave Col. Clarke a silver watch, his ribbons and the field tea set which accompanied him through the Singapore and Philippine campaigns.
Lt. Col. Walter C. Hendrix received a huge leather belt with a remark that the rotund Atlantan was the only counsel big enough to wear it.
Majors A. Frank Reel of Cambridge, Massachusetts, and Milton Sundberg of New York City were given watches, ceremonial brushes which Yamashita used to write delicate Chinese sonnets and gold good luck coins.