Marshall Mission Files, Lot 54–D270: Telegram

Mr. Walter S. Robertson 4 to General Marshall

6768. All team action today again blocked by Communist delaying tactics. As reported in my 67525 I reached verbal agreement on procedure with Communist Commissioner6 late yesterday afternoon, subject to approval by National Government Commissioner.7 English draft translated and sent to the 2 Chinese Commissioners for their signatures at 8 p.m. last evening follows:

“1. It is agreed that the following program of procedure to accomplish the mission assigned to Team No. 25 in our agreed directive of 2 August will be adhered to by that team in the order enumerated:

a.
Interrogate and record the testimony of the eye witnesses, Major Freese8 and Mr. Duke,9 Executive Headquarters personnel who were passengers in the motor convoy.
b.
Interrogate and record the testimony of the U. S. Marine Corps Commander (Lt. Col. Thomas R. Zelzer) and the U. S. Marine Corps [Page 4] enlisted witnesses who have been standing by since 7 August waiting to give testimony.
c.
Visit the area of conflict and interview and record the testimony of such Communist field commanders and other witnesses, civilian or military, regardless of affiliation, as may be made available.
d.
Interrogate and record the testimony of Major General Keller E. Rockey,10 as Commander First Marine Division (Reinf), Tientsin; General Sun Lien Chung, as Commander 11 War Zone; and the senior Communist Party Commander in area where incident occurred.
e.
Interview and record the testimony of such other witnesses as each Branch considers necessary to establish facts directly related to incident.
f.
Convene in team meetings for preparation and submission of report to the Three Commissioners.”

National Government Commissioner signed. Communist Commissioner did not sign and could not be contacted this morning until 11 a.m. The team met at 9 a.m. Colonel Davis announced that he had been informed an agreement as to procedure had been reached but that it had not yet been delivered to him. He proposed that the team proceed with the examination of the Marine witnesses who were still standing by. National Government representative voted yes. Communist representative no. At 2 p.m. Communist Commissioner submitted a new proposal for translation which he said “made more specific” the agreement reached between us yesterday afternoon. We met at 4 p.m. to discuss it. It contained new factors which were not previously discussed and upon which we could not agree. After contending for a week that Generals Hockey and Sun should be interviewed, the new proposal eliminated these interviews. After long discussion Yeh agreed to restore them but insisted upon adding the following:

  • a. Interrogate and record the testimony of the delegate of the Government force which took part in the conflict.
  • b. Interrogate and record the testimony of the Government forces’ enlisted witnesses who took part in the conflict.”

I pointed out that we could not accept and record as a fact in the problem of procedure the Communist claim that Government forces had participated in the conflict as this allegation had been denounced both by the Marines and the Government as pure fabrication; that the truth or falsity of this charge was one of the things to be determined by team investigation. I offered as a substitute a clause stating that the team would “interrogate and record the testimony of the National Government Commander of the unit which the Communists alleged took part in the conflict” but this was not acceptable. The new proposal also identified Major Freese and Mr. Duke as “Executive Headquarters personnel who took part in the Marine [Page 5] patrol activities”. Interpreter informed me that Chinese characters used indicated that the unit involved was an armed Marine patrol engaged in military activities rather than an escorted motor convoy. After two hours of conversation General Yeh suggested at 6 p.m. that we both further consider each other’s viewpoints and have another meeting. Knowing Yeh as I do, it is impossible to escape conviction that he is stalling under orders from higher authority. As to procedure we are right back where we started and after 8 days’ sessions the team has not been allowed by Communists to hear testimony of a single witness. Will keep you advised.

  1. American Commissioner of Executive Headquarters at Peiping.
  2. August 10, vol. ix, p. 1502.
  3. General Yen Chieh-ying.
  4. General Cheng Kai-ming.
  5. Maj. Fred J. Freese, U. S. Army Air Forces.
  6. Emanuel M. Duke, U. S. Army Peiping Headquarters Group.
  7. Commanding U. S. Marine Forces in China.