Recall Testimony of Saburo Owari in a Trial for Atrocities Committed in Batangas (Part I)

a witness recalled for the defense, having been previously duly sworn, testified further as follows through Interpreters Taccad and Nishihara:

MR. GUTHRIE: Owari, state your name.

MR. GUTHRIE: You previously testified in this case?

(Interpreter Taccad interpreted to the witness.)

MR. GUTHRIE: I will state to you that those rights that were explained to you apply equally to the testimony that you are about to give as they did to your previous testimony.

(Interpreter Taccad interpreted to the witness.)

MR. MORRISON: Owari, you are reminded that you are still under oath.

(Interpreter Taccad interpreted to the witness.)

BY MR. MORRISON:
Q Were you in the Bauan expedition on February 28, 1945?
A Yes.
Q Account for your actions in the Bauan expedition, giving the time, that is, from the time the expedition first started.

MR. GUTHRIE: The question is objected to. This witness is not an accused in this case, what he did with his time on that day is no more pertinent to this case than what I did with my time on that day or any other stranger to this case.

COLONEL HAMBY: I believe the defense will desire to rephrase the question.

MR. MORRISON: I am merely desiring to throw light on the facts, sir, as regards the accused and I will rephrase the question, sir.

Q At three A.M. on February 28, 1945, what were your orders and under whose command were you?
A At three A.M. in the morning [of] February 28, 1945, I came under the command of First Lieutenant Takemoto by order of the battalion commander.
Q Approximately at five A.M. on that day, where were you?
A During those days, the Japanese Army lacked transportation facilities so much that perhaps members of the United States Armed Forces could not conceive of an armed force with such a lack of transportation facilities. That morning, I went to the regimental headquarters to ask for motor vehicles. I got a car and at 0500 hours , I was near the bridge on the west entrance of the town of Bauan.
Q About what time did you enter Bauan City that morning?
A I think I entered the town itself about half past eight in the morning.

Q What did Lieutenant Takemoto order you to do at approximately eight A.M. on that morning?

MR. GUTHRIE: That is objected to. It has no materiality or relevance to the issues involved here. I calls for the rankest kind of hearsay as to what two strangers are talking about and it is on those grounds I object to the question.

MR. MORRISON: May I answer the objection?

COLONEL HAMBY: Proceed.

MR. MORRISON: They are far from being strangers. This witness has previously testified he was Lieutenant Takemoto’s adjutant. I submit the question of orders has a very important bearing on this case, sir.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection overruled, witness may answer.

A I was ordered to set up a headquarters at the Municipal Building. This was not the headquarters of the punitive expeditionary forces. In fact, it should not be called a headquarters, I merely gave it that name. I was told to set up the place so that the punitive expeditionary forces would have [a] sort of liaison and supply center and so that I would be able to act properly in case anything I expected happened.
Q As adjutant, did you know what orders Lieutenant Takemoto gave to each unit at the assembly place west of Bauan Bridge?

MR. GUTHRIE: Objected to the question in that form. If counsel will ask the witness if he heard Takemoto

giving orders and ask him to repeat what the orders were, I will have no objection.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection overruled, the witness may answer.

A I was not Lieutenant Takemoto’s adjutant. I was ordered from the battalion headquarters merely to participate in the expedition. I was not ordered to be his adjutant. I do know, however, in general about what happened during the expedition, what orders were given during the expedition.
Q Were you the adjutant of Captain Ichimura?
A Yes.
Q Did you hear Lieutenant Takemoto give any orders to the units in the expedition at approximately eight A.M. on February 28, 1945?
A Yes.
Q What were those orders?
A He gave orders to the different units to take up their respective security positions. I do not know everything that was contained in the order, but I do know that one machine-gun squad in the battalion artillery platoon under Fukuoka was ordered by Lieutenant Takemoto to station themselves west of the bridge. As to the other units, he designated persons on the map.
Q Under whose command, if you heard, was the machine-gun platoon placed? Did you hear any orders relative to the command of the machine-gun company?

MR. MORRISON: Will the reporter repeat the question before the last one?

(Question read as directed.)

MR. MORRISON: Will the reporter change the word “platoon” to “company” in the previous question?

COLONEL HAMBY: Withdraw both questions and rephrase your questions. That is the simplest way to do it.

MR. MORRISON: Yes, sir.

Q Under whose command was the machine-gun company placed?
A The machine-gun company was under Lieutenant Takemoto. It was his company, so naturally, he was in command of it. Lieutenant Takemoto was also the overall commander of the unit which also participated.
Q Did you hear any order given assigning some men of the Mogami labor platoon to Lieutenant Takemoto?

MR. GUTHRIE: The question is objected to, it doesn’t tend to prove or disprove any issues in this case. Such an order could be given without his hearing. Unless counsel can show that this witness was in the presence of both Takemoto and Mogami for the entire period of the expedition, then say at some time heard such an order, or didn’t hear such an order, it is material.

COLONEL HAMBY: The Commission would like to know what counsel is intending to prove by this witness.

MR. MORRISON: Sir, I am trying to corroborate the fact that four men from the Mogamil labor platoon including Corporal Kawaguchi were taken from Mogami’s command, the direct orders of Lieutenant Takemoto by the orders of Lieutenant Takemoto.

COLONEL HAMBY: Do you care to withdraw the question that counsel has objected to and to ask him the direct question?

MR. MORRISON: I did, sir, ask him the direct question, if I recall. I request that the reporter read my question again so that the Commission may decided.

(Question read as directed.)

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection overruled, witness may answer.

A I don’t remember, however, later on I saw Lieutenant Takemoto and Corporal Kawaguchi also with him and still later on, I heard Corporal Kawaguchi with three or four of his men were placed under the command of Lieutenant Takemoto.

Q Did you give any order to Second Lieutenant Hagino on February 28, 1945? Did you give any order to Lieutenant Hagino about 0830 on February 28, 1945?
A Yes.
Q What was that order?
A Like myself, Lieutenant Hagino was also attached to the battalion headquarters and he was just like the rest of us, attached to the battalion commander. I had no authority to give him orders. However, because I was his superior, at times I did give him orders. During the expedition in Bauan, I ordered him to take charge of the meals and to gather medical supplies and equipment of there were any.
Q At what time did you give him that order; approximately what time did you give him that order?
A I remember that it was about 0830.
Q What time did you order him to get some medical instruments?

MR. GUTHRIE: I am objecting to that on the grounds that it is leading. What counsel is doing is taking Hagino’s testimony, going right through it, —

MR. MORRISON: Objected to, if the Court please, —

MR. GUTHRIE: — putting Hagino’s words into the mouth of these witnesses. He says, “What time did you get the medical supplies, about 0830?” Then, he gets wonderful cooperation that way and I am going to object on the ground that the immediate question is leading and that his entire line of questioning is leading and an attempt to put testimony into the mouth of this witness

and to wit, and in particular, the testimony of Hagino.

MR. MORRISON: May I answer that, sir? The defense has questioned this witness and determined what information he has and, therefore, decided on this line of questioning. In answer to the prosecution’s accusation of a sort of conspiracy or collusive agreement, the defense would like to state that at one time, he was informed by the prosecutor not to question Owari and Ichimura because he had them all lined up for the prosecution. Apparently, the prosecutor didn’t receive the answers that he expected from Ichimura and Owari and he is, therefore, disappointed.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection sustained. Reframe your question.

MR. MORRISON: Did you state that you ordered Hagino to procure medical instruments or supply on February 28, 1945?

MR. GUTHRIE: Objected to as leading. Ask him what he stated, not tell him what he stated.

MR. MORRISON: If the Commission, please. I asked the witness if he stated certain facts.

MR. GUTHRIE: Then you state the facts.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection sustained.

MR. MORRISON: Did you state that on February 28, 1945, you ordered Second Lieutenant Hagino to procure medical supplies, or medical instruments?

A I stated that.
Q What time did you give Hagino that order?
A Lieutenant Hagino came to the Municipal Building sometime past nine-thirty in the morning. It was then that I gave him the order pertaining to the procurement of medical supplies and equipment.
Q Did you see Hagino right after that?
A Do you mean by “after that” after giving the order?
Q Yes.
A Yes, I saw him.
Q At what time? At approximately what time?
A I think I saw him about 11:40.
Q Where did you see him?
A I saw him near the Municipal Building on the road leading from the Municipal Building to the Church.
Q At what time was that, approximately?
A My recollection is that it was about 11:40.
Q What happened, then?
A Soon after that, I heard a big explosion.
Q Did you give Lieutenant Hagino any further orders? If so, what were they and approximately when did you give them to him?
A At 11:45, I informed Lieutenant Hagino that there was an order from the battalion commander for us to return to Dita.
Q At what time did you leave the capital [capitol?] building for Dita?
A I think it was about 11:50 hours.

Q Was anyone with you at that time?
A Lieutenant Hagino.
Q Did you then proceed to Dita?
A Yes.
Q For whom was Watanabe the interpreter, if you know?
A During the expedition to Bauan, Watanabe was Lieutenant Hagino’s interpreter. Watanabe had been sent by battalion headquarters to the town of Batangas so that he could act as interpreter for the Sixth Company under Takahashi. On the 25^th or 26^th of February, the company left the town of Batangas and Watanabe returned with them. He then came to act as interpreter for Lieutenant Takemoto.
Q Do you remember what you did in the morning of February 28, 1945, from about 10:00 a.m. to 11:15 a.m.?
A At about 10:00 a.m., I went to the church. I had been summoned by Lieutenant Sakamoto. When I arrived at the Church, I saw that one Japanese soldier had been wounded. I inspected his wounds. After that, I was again ordered to go along on an inspection.
Q Did you make the inspection?
A Yes.
Q What unit did you inspect?
A Those things happened about two years ago. Before that expedition, I had been to Bauan once, but I had passed through the town riding in a car. That was the first time that I entered the town of Bauan on foot. I remember in general what happened, though.

COLONEL HAMBY: At this time, the Commission will recess until 1300 this date.

(The Commission then adjourned at 1135 hours to reconvene at 1300 hours February 7, 1947.)

(The Commission met, pursuant to recess, at 1300 hours.)

COLONEL HAMBY: The Commission is in session.

MR. GUTHRIE: Sir, all the members of the Commission are present, the accused are each present together with their counsel, and the prosecution is present.

The status of the case is that the witness, Owari, was being examined under re-redirect examination.

a witness recalled for the defense, having been previously duly sworn, testified further as follows through Interpreters Taccad and Nishihara:

MR. GUTHRIE: Owari, you are warned that you are still under oath and that the rights that were explained to you, that you have as a witness, are still in effect.

(Interpreter Taccad interpreted to the witness.)

BY MR. MORRISON:
Q Did you see any Japanese officers at the church?
A Yes.
Q Whom did you see?
A What time are you referring to?
Q You stated that you were at the church about ten A.M., I believe. Will you tell us for what length of time you were at the church in the morning of February 28, 1945?

A About five minutes.
Q What officers did you see there?
A I saw First Lieutenants Takemoto and Takahashi there.
Q Any other Japanese?
A I believe that Warrant Officer Sasaki was there also of the machine-gun company. The interpreter Watanabe was also present and four or five other soldiers.
Q What were the officers doing?
A Lieutenant Takemoto was giving some sort of order to the interpreter Watanabe but I do not know what it was.
Q Did you hear the contents?
A I did not.
Q What were the Filipinos doing in the church while you were there?
A There seemed to be a great number of Filipinos gathering there, but since I did not enter the church, I did not know what they were doing.
Q Did you hear Lieutenant Takemoto give any order to Watanabe while you were at the church which you were able to understand?
A I did not understand any of it.
Q Did you have any conversation with Lieutenant Takemoto at the church?
A Yes, I did.
Q What did he say to you?
A Lieutenant Takemoto asked me of the casualty of one of the men of the Sixth Company. I told him that it was not very bad and that he was resting at the Municipal Building. Then, he ordered that I make a round of inspection and he indicated the route I was to take on a map.

Q Did he say anything else to you at that time?
A I do not remember.
Q Did he give you any other orders at that time?
A I do not know.
Q At the time you were near Takemoto, did you hear him give any orders to his subordinates?
A I do not know.
Q Did you see any people leave the church, any Filipinos leave the church?
A No, I did not.
Q Were you at the house of Bautista in the morning of February 28, 1945?
A No, I was not. I do not know the house called the Bautista house.
Q At what time did you reach Dita?
A At about 12:30.
Q Did you give Corporal Kawaguchi any orders in the morning of February 28, 1945?
A No, I did not.
Q Did you hear anyone giving Corporal Kawaguchi any orders in the morning of February 28, 1945?
A I heard it.
Q Who gave him the order?
A It was Takemoto.
Q What was the order?
A Takemoto ordered that Corporal Kawaguchi and three or four other men, I forget the number, of the Mogami platoon, was to come under his command.
Q Did you hear Lieutenant Takemoto give any other orders to Corporal Kawaguchi?

A Yes, I did.
Q What was the order?
A He said, “Do it, Kawaguchi.”
Q Do you know what he meant by “Do it?”

MR. GUTHRIE: Objected to as calling for a conclusion by this witness.

Q Do you actually know what he meant by “Do it?”
A Yes, I do.
Q What did he mean?
A It meant that the people gathered at the house opposite the church were to be killed by an explosion of dynamite.
Q That is the order which you heard Lieutenant Takemoto give to Corporal Kawaguchi?

MR. GUTHRIE: Objected to as having been asked and answered before.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection overruled, the witness may answer.

A Yes.
Q How many times were you at the church on February 28, 1945, in the morning?
A Twice.
Q What time were you there the second time?
A It was from 11:20 to 11:30.
Q Did you see any Japanese officers there the second time?
A Yes, I did.
Q Who did you see?

A There were three officers, First Lieutenant Takemoto, Takahashi and Warrant Officer Sasaki.
Q What were they doing at that time?
A They were in an open area inside the church.
Q Did you hear any conversation between Lieutenant Takemoto and Lieutenant Takahashi or any other person?
A I did not hear any conversation.
Q What were the civilians in the church doing the second time you were there?
A The people were being led in a single file to a house across the road and to the east and at that time, when I arrived, this process was almost over.
Q Did you have any conversation in the church with Lieutenant Takemoto the second time you were there?
A Yes, I did.
Q What was the conversation?
A I told Lieutenant Takemoto that I received orders from the battalion commander to return to Dita. He knew of this and then he told me to return. He also told me he was going to kill these people by using dynamite. I asked the reason for this. Takemoto stated that the situation had become untenable and the landing of the American forces in Batangas Bay was imminent, probably that day. And he recognized these people would eventually become guerrillas or would cooperate with them. Previously, Colonel Fujishige had said that the group leader would commit suicide over any overt acts committed by members of the expedition. Lieutenant Takemoto said that he would take the entire responsibility. Then he

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