Description:

ASSOCIATE COUNSEL DAVID NELSON SUTTON'S TOKYO WAR CRIMES TRIBUNAL DIARY
'DEFENDANTS LOOK LIKE INSIGNIFICANT BEATEN MEN' The International Military Tribunal for the Far East (IMTFE), popularly known as the Tokyo War Crimes Tribunal, convened in April 1946 to try leaders of the Empire of Japan for their crimes against peace, conventional war crimes, and crimes against humanity, leading up to and during World War II. Presented here is an important original document of the case, the personal diary, approx. 200pp. 12mo., kept by American associate counsel for the prosecution DAVID NELSON SUTTON (1895-1974) for the pivotal year of 1946. This year saw the establishment of the IMTFE by special proclamation of Gen. Douglas MacArthur, the lodging of the indictment against the 28 principal defendants, the opening of the court's proceedings and the presentation of evidence by the prosecution. In his diary, Sutton records his travels to China to gather evidence and interview witnesses to Japanese atrocities, describes the attitudes of the defendants as they sit in court, and discusses records his contributions to the case in fascinating detail. After being assigned to the prosecution team and traveling to Japan in January and February, Sutton describes his investigations in China, in very small part: ‘Saturday [March] 9 – Received order to proceed to Shanghai, Nanking [now Nanjing], Peiping & other points in China Theater to get evidence… Sunday 17 – Conference [Chief Prosecutor Joseph B.] Keenan at noon – [fellow associate counsel] Col. [Thomas H.] Morrow & I gave dinner at Metropole Hotel – Judge Mei [Ju-ao, justice representing China at the IMTFE], Judge Hsiong… bill $221,400.00… Monday 25 – Amer. Embassy [in Chungking]… meet with sub committee from the United Nations War Crimes Counsel… Received by Generalissimo [Chiang Kai-shek] 50 min. Room plainly & simply furnished – fine intelligent face. Keen intellect strong character… Tuesday [April] 2 – Arr. Nanking 11:20 AM… Wednesday 3… Meet [Chinese] Gen Pao Ching An he assigns Maj. John Day to take me… to see [Rape of Nanjing witness Rev. James H.] McCallum… Sunday, April 7, 1946 – Chinese Christian Church bldg in poor repair. Had been hit by bomb… Saw spot beside Yangtze where 6000 were shot with machine guns. Factory bldg gutted by Japs…' Sutton returns to Tokyo on April 12, and sets to work on his reports covering bacteriological warfare, German-Japanese collaboration, economic warfare, the Rape of Nanjing and the opium trade. He is assigned as counsel for the Investigation Division on April 22 and meets with Keenan to discuss his work so far. After the indictment against the defendants is lodged on April 29, Sutton describes the first court sessions: ‘Friday, May 3, 1946 – Opening session of the court. Klieg lights, moving picture. Flags of 9 nations draped behind judges. Very august and impressive, Defendants look like insignificant beaten men. Have Prosecution counsel sign my notebook. [Defendant Shumei] Okawa steals show by trying to take off his shirt – smacking [Hideki] Tojo on head...' [The charges against Okawa would later be dismissed by reason of mental instability] ‘...Monday 6 – Court session – [Australian] Chief Justice [Sir William] Webb lacks judicial temperament. D's plead not guilty in person – [Yosuke] Matsuoka in Eng rest in Japanese. Case set for trial June 3rd…' While court is out of session, Sutton conducts interrogations of Field Marshal Shunroku Hata, one of the defendants, and Imperial Japanese Army general Jo Iimura, as well as reviewing testimony with several Chinese witnesses and performing further work on his reports on atrocities against Chinese civilians. He is next in court on July 22: ‘...[Chinese] General [Teh-Chun] Ching put on stand – most of day spent in motions re translation & to disqualify [American] Gen [Myron S.] Cramer as judge… Tuesday 23 – In court all day – waiting to go on while Gen Ching testifies – cross examination very slow & tedious… Thursday 25… At 2:25 PM put [Rape of Nanjing witness] Dr. Robt. O. Wilson on stand. Court requires direct examination after overruling objection to introducing this witness out of order… Monday 29 – Conducting case in court… [Rape of Nanjing witness and one of the leaders of the International Committee for the Nanking Safety Zone] Dr. M[iner] S[earle] Bates complete testimony… Dr. Bates is a magnificent witness, the best I ever had on the stand…' Sutton spends subsequent days in court assisting his fellow associate counsels with their presentations and examining his own witnesses, writing on August 16: ‘...Complete examination of… [last Chinese emperor and puppet ruler of Manchukuo] Henry Pu Yi put on by Mr. Keenan. He seeks to justify his acts as done under threat of personal harm. Very nervous on the stand…' Puyi's testimony continues through August 27, after which Sutton continues to present evidence and call witnesses to testify on the subjects of Japanese economic aggression and the opium trade. He also continues to produce reports on his investigations in China, working in the background to support the prosecution team until he is given leave to return to the United States in November. Between his descriptions of court proceedings, Sutton provides numerous details of his travels in China and Japan, describing street scenes, dinner parties, his hosts, earthquakes, and many rounds of golf played with his fellow counsels and other members of the IMTFE. The tribunal would continue for two more years, with the defendants being sentenced in November of 1948. Also present with the diary are three small reminder notebooks containing Sutton's appointments for the years 1946, 1947 and 1948, mostly devoid of descriptive content, as well as his address book and two additional small notebooks containing addresses, including many of friends he made while in Japan. Altogether, the diary provides a highly detailed insider's view of one of the most impactful criminal investigations and court proceedings of the 20th Century.

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November 13, 2025 10:00 AM EST
Elkton, MD, US

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