远东军事庭审记录1948年2月2日（38619-38624页）
法庭事务官：远东国际军事法庭现在复庭。
MARSHAL OF THE CURRT:The international Military Tribunal for the Far East is now resumed.
庭长：除白鸟之外的所有被告人均已出席。白鸟由其律师代表出席。巢鸭监狱的外科医生证明白鸟病了不能参与今天的庭审。该证明将会被记录并归档。请拉扎勒斯先生。
THE PRESIDENT:All the accused are present except SHIRATORI who is represented by counsel. The Eugamo Prison surgeon certifies that he is ill and unable to attend and trial today. The certificate will be recorded and filed. Mr. Lazarus.
拉扎勒斯先生：我们接下来提交第2996号辩方文件。
MR. LAZARUS: We next offer defense document 2996.
庭长：没有异议吧？
THE PRESIDENT:Is there no objection?
拉扎勒斯先生：就杜立特飞行员在上海遭第十三军拷问、审判和处决一案，上海美军军事法庭曾开庭审理过。这是四名被庭审日本军官中其中一位的证词摘录。
MR. LAZARUS:This is an excerpt from the testimony of one of the four Japanese officers tried by the American court in Shanghai for the torture, trial, and execution of the Doolittle fliers by the 13th Army in Shanghai.
冈田克曾是上海陆军第13军司令部的参谋，当时被任命为庭审成员。该庭审审判了8名飞行员并判处8人均为死刑。冈田在为自己作证时透露，检察官畑逸郎少佐曾要求判处死刑。四名被告中，我方最早提供了冈田的摘录；法庭可以注意到，即使美军军事法庭对他们进行生死庭审时，他们也没有声明是畑大将要求死刑。
OKADA was a staff officer of the l3th Army Headquarters in Shanghai and was appointed a member of the court which tried the eight fliers and sentenced all eight to death. He reveals, while testifying in his own behalf, that Major HATA, the prosecutor, requested the death penalty. He is the first of the four accused whose excerpts we offer and the Tribunal will note that they do not, even when on trial for their lives before the American court, state that General HATA requested the death penalty.
萨顿先生：尊敬的法庭，检方反对此文件，理由是其与泽田茂审判中的摘录相矛盾。辩方证人作证说，审判8位飞行员的命令由中国派遣军总司令官畑大将签发。
MR. SUTTON:If it please the Tribunal, the prosecution objects to this document on the grounds previously stated for which it objects to each of the excerpts from the SAWADA trial. The witnesses introduced by the defense testified that the trial was held under orders issued by General HATA as commanding general of the expeditionary forces in China.
庭长：无论如何，这不能作为反对的回复.依我看来，没有证据表明被告畑大将本人出庭并要求判刑。
THE PRESIDENT:This is no answer, anyway. As far as I can judge it was never suggested that the accused HATA himself went into court and asked for the penalty.
萨顿先生：法官大人，我方立场是......
MR. SUTTON:That is our position, sir --
庭长：我们不能同时发言，等我说完你才可以发言。
THE PRESIDENT:Both of us cannot talk at the same time. You will wait until I finish.
萨顿先生：抱歉，法官大人。
MR. SUTTON:I am sorry, sir.
庭长：有可能畑大将让其他人在法庭上要求判处死刑。
THE PRESIDENT:The suggestion would be that HATA told somebody else to ask for the penalty in court.
萨顿先生：法官大人，我方认为，这一证词并不与检方提出的任何观点相悖。
MR. SUTTON:Our position, sir, is that this testimony does not rebut anything introduced by the prosecution.
庭长：根据多数意见，反对无效，根据通常规定，文件予以接受。
THE PRESIDENT:By a majority the objection is overruled and the document admitted on the usual terms.
法庭书记员：接受辩方文件第2996号，编号为第3868号证据。
CLERK OF THE COURT:Defense document No. 2996 shall receive exhibit No. 3868.
（由此，上述文件被编为第3868号辩方证据）
拉扎勒斯先生（宣读）：“传唤冈田隆平代表他自己出庭作证。”
MR. LAZARUS (reading):“ OKADA, Ryuhei was called as a witness on his own behalf.”
问：你曾是驻中国的第十三军中的一员吗？
“Question: Were you at one time a member of the 13th Army in China?
答：是的。
“Answer: Yes.
问：1942年8月，你在军队担任什么职位？
“Question: In August of 1942, what duties were you performing in the Army?
答：我曾是一名参谋。
“Answer: I was serving as one of the members of the staff."
问：1942年8月，你是否曾受命在军事法庭审判杜立特飞行员？
“Question: Were you appointed in August 1942 to a military tribunal for the trial of the Doolittle fliers?
答：是的。
“Answer: Yes."
问：畑少佐在法庭上说了什么？
“Question: What did Major HATA tell the court?
答：我不知道他具体说了些什么，但他先是提到了这8人的名字，然后提出各种证据和质问，并称这些人显然违反了军法；因此，我请求判处死刑。这是他在结案陈词中说的。
“Answer: I do not know the exact words that he did say but he first mentioned the names of the eight fliers, then named the various evidences and questioning of the fliers and said that it is evident that they are guilty in a view of military law; therefore I request that the penalty be death sentence. That was said in his closing argument.”
我方接下来将提供辩方文件第2994号和3005号。这两份文件反驳了龙田的证词。美军军事法庭庭审了杜立特飞行员受折磨、审判和处决一案，龙田是受庭审的四位日本军官之中的第二位。他曾负责在狱中看守美军飞行员，且处决飞行员时也在场。他在证词中说他宣读了对他们执行死刑命令，内容为：根据第十三军司令官的命令，霍尔马克、法罗和斯帕茨将被处以死刑。
“We next offer defense documents 2994 and 3005. These both contemn the testimony of TATSUTA, another of the four Japanese officers tried by this American court for the torture, trial and death of the Doolittle fliers. TATSUTA was the jailer of the American filers and he was present at their execution, and he states he read the order for their death to them at their execution. The contents of that order were that by order of the Commander of the 13th Army, Hallmark, Farrow and Spatz were to be executed.
庭长：萨顿先生。
THE PRESIDENT:Mr. Sutton.
萨顿先生：尊敬的法庭，我方反对该证据，因为它内容重复，也没有在反证阶段对检方新提出的问题做出回应。
MR. SUTTON:If it please the Tribunal, we respectfully object to this document on the ground that it is repetitive and not in answer to anything new brought out by the prosecution in the rebuttal phase.
拉扎勒斯先生：尊重的法庭，在反证阶段，检方所引入的证据有可能表明是畑大将，按照他们的观点，应对杜立特飞行员所受的拷问折磨负责，且是他下令或请求将他们判处死刑。这里，我方呈交四位受庭审的日本军官的摘录。美军军事法庭曾就他们对杜立特飞行员实施暴行进行审判，可他们在辩护中并没有把责任归于畑大将。通过这一摘录，我方可以证明，最终的法令，即处决的命令，是由第十三军的司令官签署，而不是畑大将。
MR. LAZARUS:In its rebuttal, if the Tribunal please, the prosecution introduced evidence tending to show that it was HATA who, in their contention, was responsible for the torture of the Doolittle fliers, and who gave the order or requested that the death sentence be issued. Here we are introducing excerpts from four of the men who were tried for their responsibility for the atrocities against the Doolittle fliers, by an American court, and in their own defense they did not lay the blame on General HATA.With this excerpt we show that even the very last act, the order for the execution, was still signed by the Commanding General of the 13th Army, not by General HATA.
萨顿先生：如果法庭允许，我方要补充一点：辩方证人宫野正年曾作证说，第十三军遵照总司令官畑大将命令，进行了庭审。
MR. SUTTON:With the permission of the Tribunal, may I add that a defense witness, MIYANO, testified that the trial was held by the 13th Army under orders from General HATA, the Commanding General.
庭长：根据多数意见，反对有效，文件被驳回。
THE PRESIDENT: By a majority the objection is sustained and the documents rejected.
拉扎勒斯先生：接下来我方提交辩方文件第1972号和第3002号。这些摘录包括受审的四位日本军官中的第三位军官中的证词和陈述——
MR. LAZARUS: We next offer two defense documents, 2997 and 3002. These excerpts contain the testimony and the statement of the third of the four Japanese officers --
庭长：还没有发给大家。
THE PRESIDENT: They have not been distributed yet.
拉扎勒斯先生：抱歉。
MR. LAZARUS: I am sorry.
庭长：请说，拉扎勒斯先生。
THE PRESIDENT: Yes, Mr. Lazarus.
拉扎勒斯先生：美军军事法庭曾就杜立特飞行员遭拷问、审判和处决一案，审判过四名日本军官。这些摘录是第三位受审日本军官的证词和陈述。这位被告名为和光勇精，曾是审理美军飞行员的庭审人员。他被判九年徒刑，其他三人各判五年，相对而言他所判的刑是最重的。
MR. LAZARUS: These excerpts contain the testimony and the statement of the third of the four Japanese officers tried by the American court for the torture, trial and death of the Doolittle fliers. This accused, WAKO, Yusee, was the law member of the court and he received the severest penalty given by the American court. He received a nine-year sentence while the other three received five years each.
