Judge's Query Rouses Storm In Tokio

Chronicle (Levin), 15 November 1948, Page 5

Judge's Query Rouses Storm In Tokio

(N.Z.P.A.-

- Reuter ;

Cosyright)

Rec,eived Sunday, 7 p.m. TOKIO, Nov. 13. The despription of the ^Emperor as ' ' leader in crime, bj' Sir W. F. Webb, president of the International TribunaJ, has aroused a storm in Tokio and abdication again has become an i-s^po • Though no comment is available from top American oflacials, they unofficially are reported to be h&stile. InformedBritish opinion is that Sir W. F. YVebb's attack, coupled with *the Jifo sentence imposed on Kido (liirohito's life long friend and adviser), will inevitably bring the abdicatiou issuo to a head. Ili addition to. his referenee to the Emperor, the Tribunal .president ex pressed the opinion that none of thn. accused should have been condemned to death. "It might well be that the punishment of impfisonment for . life under sustained conditions of hardship in an isolated place outside Japan, would be a greater deterrent- to men lik.e the accused than the speedy termination of existence on the scaffold or before a firing squad." Sia W. F. Welib said Justice Bernard (France), in a minority judgment eptered into the records of the Tribunal, said Tojo and the other accused wero only aecoinplices and that the Emperor .should have been bronght tp trial. Jus tice Bernard, who reco'nimended the am quitt'al of all accused, said tlje declaration of war had its prineipai author who had escaped all prosecution. Quoting from Kido 's diary, Justice Bernard said the Emperor rejected Kido's ad vice for caution. Jpstice Bernard said at lirst he intended to remain silent bul in fajrness to the accused, he considered it his duty to express his views'. The Netherlands ' Judge, Mr. Justice Rolling, in a separate opinion, called for the acquilta! of flve accused, namely, Jrlata, Llitota, Kido, Shigemitsu and Togo. He said none should be sentenced to death ' ' for having comnfftted a crime against peace." Commenting on ihe trial, the Manchester Guardian 3a3rs: "Sir W. F. Webb has asked bluntly why the Emperor was not in the dock. The answer, of course, is that he is in a reserved occtqiation that may suit General MacArthur 's plans but it has had a lamenl able effect. It is no good laving down the prineiple that crinies against peace meau — for the conquered* — death, if one starts to disrritnjnate. The Emperor 's autliority was needed for the war. He should have stood trial in the interests of the law." The New York Tiiues says Hirohito was a notable absentee from the prisoners' dock. "Under the prewar Japanese system he would seem to ' be as great a i-onspirator against Vorld peace as any of his Mijjisters, Generals or Admirals. Whether it would have been better to have had hiln in the dock nobody can say. " The chief prosecutor did not indict tlie Emperor. He said it was the Allied Powers and not the prosecution, which made the decision. He sajd he was contemplating making a sta'tement on the Emperor s position in the light of the evidence which "became available in the trial.