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, pacd 4 ae et ee Perdana s Se cre owe | Lawyers AWalt ligh Court Tilt + On Yamashita’ | yo Mt 'Taternetions! News fervies The ‘fate of Lieut, “canon! rut imashite, the trap ad “Tiger tean,” promised yesterday to rovide lawyers a field faye”. istice Department attorneys and amijshita will expiate hia crimes’ por the gallows from which legal’ aneuvering his given him a brief) spite. _ Sot. uting on shootcurs Sot The closest case in point ugon hich the high tribunal has rajed as that of eight saboteurs spjpe-| hended by the FBI in June, * 1043, | whose trial by a military commis- sion appointed by the late Pres!-, ident Roosevelt was upheld by the {Supreme Court Suly 31, 1943, k At that time the court held that ¢. saboteurs were sot constitu- onally entitled to a civil trial, al- hough one of them was an Ameri- an citizen. Technically the Supreme Court thas not accepted life or death ju- ‘Fisdiction over the convicted. Tapas, ‘nese war criminal, former Ja~ ‘commander in the Philippines. das merely, thus far, ordered, at torneys for both sides to ar'fea January 7, to argue whether ofnot ¥ a - — f/f, a the highest court in the land Je §hily; rn a a ne has this power in Yamashita's e.4 \ Pea TF te * Yamashita has appealed to the , reme Court from a death sen- ~ ie, “SAN 18 1946 tice passed by a military commis ‘sion in Manila December7, 1045, f years to the day after the iaamous Japanese attack on Pearl (Harbor. efense Contentions : i Attorneys for the former Philip- fois commander have proposed to: fthe Supreme Court several means ior taking jurisdiction of his case. f, They have filed a request for a yerit of habeas corpus, asking that ithe case be removed from the Jurisdiction of the military com- ‘qoisslon on the ground that the Philippine courts are “ihe proper jauthority to pass Upoi it aince “Yamashita has not been accused. jor violating the laws of warfaré, To this contention Solicitor Ger her method of socurthgwetien the Supreme Court, have fled | petition for a review of a Philip- ne §=Supteme Court decision etying him habeas-corpus ‘because ack of juriedictions | - The United. States Supreme last week grdzted Yamashita ‘formal stay of execution pending me of the arguments on his aring beforedhe.bigh tribunals gel dE kh. oy . Befense counsel. prepared for a ; Jf vf ae recedent-shattering ry ent he \- _ fos a see . ; : ore. the United Stailyigupreme rpot oo Mr. Pennington os hoe pa Mr. Quinn Tam: day In court, set for Janu- Mr. Nease + may determine whether . Mi cero feral J. Howard MeGrath has red DEC 23 1945 #ponded that Yamashita was tried: in a combat cone by g military Page sen POST wing complete Ju ” 15 ¥ hdeo. .... my te we ial ; ~ 162