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

told me to take Hagino and hasten to Dita.
Q Did you say anything to Lieutenant Takemoto after that?

MR. MORRISON: I will withdraw that question.

Q Do you know when the Americans landed in Batangas Bay?
A Yes, I do.
Q What date was it?
A It was that day. By that, I mean that a small number of men landed from patrol ships and reconnoitered the area.
Q Was there a landing after that?
A I do not know.
Q After Lieutenant Takemoto told you that the house was to be dynamited, what did you say to him?
A I asked him of the need for further investigation of these people. I also told him that perhaps among these people, there were some who were not guerrillas or who did not cooperate with the guerrillas. However, Lieutenant Takemoto told me he was merely following the orders of the group leader and that he would assume the entire responsibility.

Q Did you see Mogami at any time in the morning of February 28, 1945?
A Yes, I did.
Q Where did you see him?
A I saw him at the time Lieutenant Takemoto ordered to make a round of inspection. It was close to eleven a.m. and it was at a place approximately fifty to sixty meters to the rear of the municipal building near a gulley.
Q At any time while you were in the church, either the first or the second time, did you see any officers there besides Lieutenant Takemoto, Lieutenant Takahashi and Warrant Officer Sasaki?
A No, I did not.

MR. MORRISON: Your witness.

BY MR. GUTHRIE:
Q Do you know Kobayashi, the Warrant Officer?
A Yes, I do.
Q During the times we have been talking about, was he a platoon leader in the Sixth Company, Second Battalion?
A Yes.
Q Do you recall the other day testifying in this case, not today but another day?
A Yes, I do.
Q Do you remember I was asking you the names of the officers who were present in the Taal expedition?
A Yes, I do.
Q And you stated that as far as you could remember

Kobayashi was not one of those officers?
A He did not participate in the Taal expedition.
Q That is what you stated. You stated that you could not, as far as you could remember, he did not participate.

(Witness began to answer.)

MR. GUTHRIE: I will interrupt you. All that I am asking you is this: Do you remember testifying that as far as you could remember — that was the other day — Kobayashi did not go on the Taal expedition. I am asking you if you testified that way.

A Yes.
Q Do you know a Japanese officer named Ito?
A Yes, I do.
Q Is he one of the accused in this case?
A No, he is not. Are you referring to Warrant Officer Ito?
Q Ito, Tetsaburo Ito.
A Yes, I know him. I replied that way because, ordinarily, we do not classify warrant officers as commissioned officers.
Q I will advise you that some months ago, sometime in the early part of last year, at a time that is much closer to the events we are talking about, at that time, Ito stated that Kobayashi was present at the Taal expedition. No answer is required. I just state that to you.

MR. MORRISON: I think that is an improper procedure, sir, on the part of the counsel.

COLONEL HAMBY: The Commission does not agree with you.

Q (Continued) You have stated very definitely that Ito was one of the officers at the Taal expedition, did you not?
A Yes.
Q And you also stated very definitely that you, yourself, were not present at the Taal expedition?
A Yes, I did.
Q Now, inasmuch as you stated that as far as you could remember, Kobayashi was not present, does the fact that Ito recalled him as being present almost a year ago, would that refresh your recollection and make you want to change your testimony at this time?

MR. MORRISON: The question is objected to, sir, on the ground that in effect, it is saying to the witness, “If someone is able to remember something over a year ago, why can’t you remember it? I submit that it is improper. We are not all gifted with the same memory. The fact that some other man was able to recall something many years before does not indicate that this witness should be able to do likewise.

COLONEL HAMBY: The question is rather involved for translation. Would you care to withdraw it and rephrase the question?

MR. GUTHRIE: Yes, sir.

Q Would the fact that Ito’s recollection was much fresher at that time that he stated that Kobayashi was at Taal, would that refresh your memory at this time as to whether he was or he was not there?

MR. MORRISON: Objected to on the ground

of what Ito was able to remember has absolutely nothing to do with what this witness should be able to remember.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection sustained. Rephrase your question.

Q I will ask you this question: Would the fact that Ito was on the expedition and the fact that you were not on the expedition, and together with the fact that Ito says Kobayashi was there, would you be more inclined to rely upon Ito’s memory than upon your own memory?

MR. MORRISON: Objected to on the ground of what Ito said is hearsay and also on the former ground.

MR. GUTHRIE: The purpose of the question is not necessarily to impeach this witness in any way. I [am] merely attempting to refresh his recollection.

MR. MORRISON: Sir, the objection was not on the ground of impeachment of the witness.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection sustained.

Q With the facts that I have stated to you in mind, would you say now that Kobayashi was at Taal on the expedition, or that he was not there?

MR. MORRISON: Objected to unless the witness is answering from his own actual knowledge.

MR. GUTHRIE: That is all I expect.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection overruled. The witness may answer.

A No, he did not.

Q Then would you say that Ito was telling you a lie?

MR. MORRISON: Objected to, if the Commission please. The question is altogether improper. That fact that this man’s memory and Ito’s don’t coincide doesn’t mean that Ito was telling a lie at all.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection sustained.

Q Let us go to your testimony that you gave here earlier this afternoon. You stated that the first time you went to the church in Bauan, you were there for five minutes?
A Yes.
Q And that during that time, the only Japanese, except for some enlisted men present, was Lieutenant Takemoto, Takahashi, Sasaki and Watanabe. Do you recollect that testimony?
A Yes.
Q Is Takemoto dead at this time?
A I testified before that I heard that Takemoto was killed in action.
Q And you believe that he is dead?
A I don’t know of my own knowledge. However, since everyone says so, I believe it is true.
Q How about Takahashi? Is he also dead?
A After I separated from Takahashi, I was sent to a new company at its company commander. The following day, I was informed from regimental headquarters of his death in action by wireless. I remember this fact because a younger brother of Takahashi was in our company and we

had lamented his loss together.

COLONEL HAMBY: At this time, the Commission will take a short recess.

(Short recess.)

COLONEL HAMBY: The Commission is in session.

MR. GUTHRIE: The witness is warned that he is still under oath.

(Interpreter Nishihara translated to the witness.)

Q Do you know that Sasaki is also dead?
A I learned about it later.
Q And do you know that Watanabe is also dead?
A I learned about him after I became a prisoner of war.
Q Well, did you learn that he was dead?
A Yes.
Q And Corporal Kawaguchi is also dead among the deceased souls?
A Yes, I learned about him later, also.
Q They had gone to their reward in heaven?

MR. MORRISON: I object to these remarks of counsel, if the Commission please. He is making a farce out of these proceedings.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection sustained.

Q Now, when you were questioned by Mr. Morrison, you went into great detail as to the movements of Lieutenant Hagino on the 28^th of February, 1945, did you not?
A Yes.
Q You were able to testify everything he did from 0830 that morning until 1230 when you reached Dita?

MR. MORRISON: Objected to, if the Commission please, I don’t think the witness stated that he was able to to that or, in fact, did account for every one of Hagino’s movements during that time.

MR. GUTHRIE: Do you want to stipulate that he didn’t account for every minute of Hagino’s time?

MR. MORRISON: Sure, I will stipulate.

MR. GUTHRIE: How much of the time?

MR. MORRISON: You prove it.

MR. GUTHRIE: I beg the Commission’s pardon for engaging in conversation with counsel not directed to the Commission.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection overruled. The witness may answer.

A What do you mean I just testified? Do you mean that I testified to the fact that I informed him about preparing the food at 0830, about my meeting him at the municipal building at 0940 or about meeting him again on my return to the municipal building at 1140 and our actions until I returned?

Q I don’t recall whether you stated that at 11:40, you saw Hagino and that that was shortly after the explosion, was that your testimony?

MR. GUTHRIE: I withdraw that question.

Q I believe you testified that at 11:40, you saw Hagino and that sometime after that, you heard an explosion, was that your testimony?
A Yes, that is correct.

MR. GUTHRIE: I show you a document consisting of five pages with the heading of “Statement of Owari, Saburo” and this document purports to be signed in English characters and I will ask the translator what the Japanese signature reads?

INTERPRETER NISHIHARA: Owari Saburo.

Q And this document and the signature thereon is witnessed by George D. Murphy, Jr., Second Lieutenant, CMP and Sergeant Harold T. Oie. Do you recall ever making this statement? Just a minute before you answer. Each one of the five pages has an initial “O.S.” Are these initials in your handwriting?
A Yes.
Q And is the signature thereon in your handwriting?
A Yes.
Q And on page 1, about the fourth line down, there has been made a correction and the initials thereon “O.S.,” or those initials in your handwriting?
A Yes.

COLONEL HAMBY: At this time, the Commission will take a short recess.

(Short recess.)

COLONEL HAMBY: The Commission is in session.

MR. GUTHRIE: The witness Owari is warned that he is still under oath.

(Interpreter Taccad interpreted to the witness.)

Q I will show you the document we were just discussing and I will read from that document and the translator will translate as follow:

MR. MORRISON: I object to any reading from the document until the document is in evidence.

MR. GUTHRIE: I offer the document as our next exhibit in order, Exhibit No. 16.

MR. MORRISON: Object to the admission of the document on the ground that there is nothing stated in the document if the one who signed it was warned of his rights before he signed it; on the ground the man who signed it is not an accused in this case, on the ground that the alterations that appear on the original do not appear in the copies thereof and on the further ground I was never previously served with a copy until just now.

MR. GUTHRIE: I will ask the Commission to request counsel to point out the alterations in the document for any discrepancy.

MR. MORRISON: Those parts which were altered and initialed by the signer of the statement do not appear on the copies, I believe.

MR. GUTHRIE: I will state to the Commission that there is one portion deleted from the original and it is also deleted on all copies.

MR. MORRISON: Not deleted the same way, sir. The copies do not strictly conform with the original.

MR. GUTHRIE: They are not photostatic copies.

MR. MORRISON: They are certified true copies.

COLONEL HAMBY: The Law Member will rule.

COLONEL POBLETE: Objection overruled, the document will be received in evidence as Prosecution’s Exhibit No. 16.

(Prosecution’s Exhibit No. 16
received in evidence.)

MR. GUTHRIE: Reading from page 2 of Prosecution’s Exhibit No. 16:

“Q Tell me what you know of the expedition to Bauan.
“A About February 28 or 28, 1945, Lieutenant Takemoto was in charge of an expedition to Bauan. The Sixth Company under Lieutenant Takahashi was at Batangas and they marched at night to Bauan. The machine-gun company under Lieutenant Takemoto and the battalion artillery platoon under Lieutenant Fukuoka went by truck from Dita to Bauan. All of these three units arrived in Bauan early in the morning and we were then joined by a small unit that was stationed in Bauan under the command of a First Lieutenant Ohtera. All male civilians in Bauan were ordered to report to the church and as they came in, they were searched. I saw several guns and knives that were taken from them. A little before ten A.M., while the civilians were still in the church, word was received from our headquarters that I was to return immediately as there had been some American ships sighted in Batangas Bay. I left immediately

with Lieutenant Hagino and arrived back at headquarters a little after eleven A.M. This is all that I saw at Bauan.
“Q Did you hear what happened after you left?
“A Yes. I understand that the people in the church were taken to a house and killed by explosives. This happened after I left, so I did not see it.
“Q Did you participate in the gathering of the civilians into the church at Bauan?
“A No.
“Q What officers had charge of troops in that mopping-up at Bauan?
“A Those that were in charge of troops were Lieutenant Takemoto Lieutenant Takahashi, Lieutenant Ohtera and I think Lieutenant Fukuoka.
“Q What about Lieutenant Hagino?
“A He wasn’t in charge of troops. I don’t know what he was doing as he wasn’t with me.”

(Interpreter Nishihara interpreted to the witness.)

MR. GUTHRIE: Your witness.

BY MR. MORRISON:
Q When you said in that statement “I don’t know what he,” meaning Hagino, “was doing as he wasn’t with me,” what did you mean by the words “wasn’t with me?”
A His duty was not the same as mine, so I did not know what he was doing.

MR. MORRISON: No further questions.

MR. GUTHRIE: No further questions.

COLONEL HAMBY: Questions by members of the Commission?

BY COLONEL LAWHON:
Q In the assembly area prior to the operation at Bauan, what instructions were given the Kobayashi platoon?
A Are you referring to the same day as the expedition?
Q Yes.
A I do not know because the platoon was commanded by the commanding officer of the Sixth Company. However, I saw Warrant Officer Kobayashi several times that day.

COLONEL LAWHON: No further questions.

COLONEL HAMBY: There appearing to be no further questions, the witness is excused.

(Witness excused.)

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