I am now in receipt of a note replying to both of the Japanese letters,
and beg leave to inclose a copy of the ministerial note, dated March
1/14, together with a copy of the inclosure transmitted therein and a
translation of the same.
[Inclosure.—Translation.]
Copy of a communication of the general staff
dated February 16, 1906; No. 98.
With regard to the question of the violation of the rules of the
Geneva convention by a detachment of Adjutant-General Mistchenko and
by Colonel Miiller, temporary commander of the First Brigade of the
Thirty-first Infantry division, communicated by the minister of
foreign affairs to the minister of war, under date of August 12,
1905, sub No. 4468, the chief administration of the general staff
communicates as follows:
(1) In accordance with the report of the commander of the Fourth Ural
Cossack Regiment, it is seen that on May 5, 1905, the advance guard
of the sixth company (hundredth) of the said regiment was fired upon
from a village (name unknown); upon the approach of the main forces
a squadron of the enemy’s cavalry galloped away from the village;
the firing continued, and a military movement was observed;
supposing that this was a forward movement, the Cossacks made an
attack, and upon advancing they saw commissary wagons in the
village; some of the armed men who accompanied the wagons defended
themselves, others tried to escape; a large number were made
prisoners and disarmed.
A number of the two-wheeled wagons tried to make their escape and
were pursued; the Japanese attendants of the two-wheeled wagons
defended themselves with their arms, wounding two Cossacks (Terentia
Budarnikoff and Samuel Tianoukhin), and this caused the Cossacks to
follow up the attack, during which they killed 4 Japanese and
wounded 2 others.
In this affair a Japanese surgeon who defended himself with his sword
against the Cossacks was taken prisoner. This surgeon, by orders
from Adjutant-General Mistchenko, was released on May 7, together
with 15 hospital nurses, at the village of Tsinsiantao, in order to
attend to 49 wounded Japanese belonging to the reserve infantry
regiment, the hospital detachment having been equipped with ample
supplies.
During the skirmish the sign of the Red Cross was not displayed; that
the wagons belonged to the hospital staff was only discovered after
they were captured.
Besides the hospital wagons there were also commissary depots in the
same village, which were destroyed.
According to the report of the adjutant-general, Mistchenko, among
the prisoners made during this skirmish of May 5 there were 7 men
belonging to the infantry division.
[Page 1335]
Every possible attention was afforded the prisoners and women during
their transportation to the divisional headquarters in small carts;
before sending the prisoners to the staff of the army they were
questioned as to any claims or declarations they had to make; these
claims amounted to 25 roubles, which sum was paid to them.
In view of the fact that the raid of the cavalry detachment of
Adjutant-General Mistchenko was undertaken specially with a view to
the destruction of all kinds of military stores belonging to the
enemy, the action of the Fourth Ural Cossack Regiment against the
enemy’s wagons, which displayed no signs of belonging to the
hospital service, and besides this, the attendants of which replied
to the attack with rifle fire, must be recognized as absolutely
correct, and no violation of the regulations of the Geneva
convention occurred.
(2) It has been impossible to ascertain on what basis the order
contained in the above-named letter was issued by the temporary
commander of the First Brigade of the Thirty-first Infantry
division, inasmuch as the headquarters papers of the brigade and of
the staff of the Thirty-first Infantry division were lost during the
battle of Mukden, and Major-General Miiller does not recollect
issuing any such orders or any reason for so doing.
Correct copy. (Signature illegible.)
