[COPY] HEADQUARTERS
UNITED STATES ARMY PORCES WESTERN PACIFIC

Military Commission )
Orders No 9

APO 707
25 September 1946

Before a Military Commission which convened at the High Commissioner's Residence, Manila, Philippine Islan4q, on 8 July 1946, pursuant to letter Order, General Headquarters, SCAP, AG 000.5 (29 May 46) LS, dated 29 May 1946, Subject: "Trial of Toshimi KUMAI", with indorsement thereto, General Headquarters, AFPAC, dated 29 May 1946, and paragraph 17, Special Orders 153, this headquarters, 6 July 1946, was arrainged and tried:

First Lieutenant Toshimi KUMAI, Imperial Japanese Army, 51J-40653.

CHARGE: That Toshimi KUMAI, ISN 51J-40653, formerly First Lieutenant in the Imperial Japanese Army, during the time and at the places hereinafter specified, and while a state of war existend between the United States of America, its allies and dependencies, and Japan, did violate the laws and customs of war.

Specification 1: In that Toshimi KUMAI, in the month of November 1943, during a time of war between the United States of America, its allies and dependencies, and Japan, did, in the mountains near Despojols, Tablas Island, Romblon Province, Philippines, unlawfully order and permit members of the Imperial Japaneee Army then under his command to kill one unarmed, noncombatant civilian, in violation of the laws of war.

Specification 2: In that Toshimi KUMAI, in the month of November 1943, during a time of war between the United States of America, its allies and dependencies, and Japan, did, in the mountains near Despojols, Tablas Island, Romblon Province, Philippines, unlawfully order and permit members of the Imperial Japanese Army then under his command brutally to mistreat and torture one unarmed, noncombatant civilian, in violation of the laws of war.

Additional Specification to the Charge: In that Toshimi KUMAI, in the month of December 1943, and during a time of war between the United States of America, its allies and dependencies, and Japan, did, at or near barrio Badiang, Lucena, Iloilo Province, Philippines, unlawfully kill about three unidentified unarmed, noncombatant civilians in violation of the laws of war.

PLEAS

To all Specifications and the Charge: "Not Guilty".

FINDINGS

Of Specification 1: GUILTY, except the words "Order and permit members", substituting therefor the words "permit a member or members"; and except the word "kill", substituting therefor the words "kill or attempt to kill"; of the excepted words, NOT GUILTY, of, the substituted words, GUILTY.

Of Specification 2: GUILTY

Of Additional Specification to the Charge: GUILTY, except the word "kill", substituting therefor the words "kill or attempt to kill"; of the excepted word, NOT GUILTY, of the substituted words, GUILTY.

Of the Charge: GUILTY.

SENTENCE

To be confined at hard labor for 25 years.

The sentence was adjudged 12 July 1946.

The sentence is approved and will be duly executed. Sugamo Prison, Tokyo, Japan is designated at the place of confinement.

BY COMMAND OF MAJOR GENERAL CHRISTIANSEN.:

s/ J. J. GERHARDT t/ J. J. GERHARDT Colonel, AGD Adjutant General

OFFICIAL:

a/ JOHN R. SPARK
t/ JOHN R. SPARK
Jaj., AGD
Asst Adj Gen

DISTRIBUTION: Same as AR 310-50 and changes thereto, and