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t _ne Court Ponders Plea of ‘Tiger of Malaya’ 4 ! a ‘Will Rule on Defense Argument That a Yamashita Should Have Had Civil Trial The‘Supreme Court yesterdaytwas absent because “of tllnesa ‘took witer advisement the plea of ‘ Japanese Gen,“~Yamashita, the Tiger of Malays, that he be re- turned to his former prisoner-of- { war status from that of a war terlminal sentenced to hang. ,. After a fiveands-half hour . bearing into the unprecedented ' appeal by an enemy war Jeader to the nation's highest court, the seven justices present retired to deliberate. , . Hear Contrar; Zleas With them they took Govern- ment’s fing] contention that Yamashita “is guilty of violating the laws of war” in that he per- MInitted occupation troops under his Philippines command to com- mit atrocities on an estimated 60,- 000 persons, mostly civilians, And they had the assertion of defense counsel, three United States Army officers who defended the “Tiger” at his recent Manila trial, that the genere!l “has com- uitted no crime of any sort." When Yamashita, languishing thousands of miles away in Ma- nila's Bilibid prison, will Jearn hether his last avenue of appeal S been granted or denied, is a atter of speculation. The court ay Tuie at its next regular Mon- ay session, January 14, or it may hand down its decision on Janu- ary 28, after a two-week recess. Denies Trial “Illegal” Assistant Solicitor General Har- old Judson told the court today that any cliam Yamashita was given an iNega! trial because the war is over, ‘flies in the face of reason.” ; - One of the major defense con- tentions is that the general should have been tried by « civil court, since the fighting 1s over. “Et is obvious that persons who have offended against the laws of humanity—from which stem the laws of war—would in most cases not be apprebendéd until efter the fighting is over," Judson said. “But there still are many Japa- Rese soldiers not apprehended ‘right in the Philippines. 7 read ‘only the other day that in this ‘sporadic fighting, 15 soldiers, three. of .them Americans, were killed.” Chief Justice Stone and his asso- jates — Justices Rutledge, urphy, Frankfurter, Douglas, lack and Burton—followed the ts closely. Justice Reed Page while Justice Jackson is in Europe, Virtually every seat in the great marble chamber was again filled. Yamashita, Judson said, nog only was commander of all mili- tary forces but was nulitary gov- ernor of the Philippines as well. He read the original charge against the Tiger which specified that he had “unlawfully disre- garded his responsibilities” and had permitted atrocities to occur under his command, “thereby violating the jaws of war.” These, the assistant:solicitor general said, included executions without catise or trial, tortyre, looting and the e. Duty to Be Homane “Who determines,” asked Jus tice Rutledge, “whether 6 prisoner is a violator of the lews of war?" “The military,” Judson said. H added that “Yamashita was unde & Jegal duty to contrat his troo and to treat war prisoners hu manely,” and that the Jap genera’ had admitted this during his tria], From the defense table Capt, A. Frank Reel got up to present his brief rebuttal. With him were Col. Harry E. Clarke and Capt. Milton Bandberg, all of who flew from Manila to participate in the final appeal. : Relterating thet Yamashita was improperly tried by the mili- tary commission, he again raised the question of jurisdiction and said that a civil trial should have been ordered. . The defense seeks writs of habeas corpus for Yamashita’s re- turn .to prisoner-of-war status, and @ writ of prohibition to fore stall execution of sentence. Cites “Parallel” Case Replying & Question asked Monday, Reel advised the court that he had digcovered the casa of Brig. Gen. Jacob H, Smith, U.S.A.. who was court-martisied in 1901 for having ordered atroct- ties committed against civilians on Samar Island. He eaid that Smith’s punishment was “to be admonished.” “I take it that your opinion is that your man should be admon- ished also?” Justice Stone asked, INDEYE 397 eee —_—- -—" “Our position, air.” Reel Plied, “is that our man has com maltted no crime of any sort, an I think that it Js a question f this court to determine.” Jen Oo 4 gs N : WASHINGTON TIMES-HERALD f hod Mr. Mr. Mr. eEeg Coffey _ Mr. Mr. Mr. Mr. ’ ‘ i ras Tolson wa Glavin Pennington » Quinn Tam a ” fj? NOT BECORDHD 87 JAN 22 1946 oe