123 Ward, Angus I.: Telegram
The Consul General at Peiping (Clubb) to the Secretary of State
[Received November 28—2:29 p. m.]
2114. Following is Ward’s 136, November 23, as received by phone (therefore probably subject minor corrections) today:
“People’s Court Mukden convened new session (?) yesterday for trial Rehberg, Tatsumi, Cicogna, Kristan and Ward. Stokes permitted attend trial as observer, but was refused permission to speak to or in behalf of accused or to make written notes of proceedings. Neither we nor Stokes had any advance notice of date or hour of trial. We were served no copy of writ indictment either before or at trial; writ was read to us in Chinese, which none of us understood, and English translation so unintelligible as to be understood in part only.
Following my request for rereading of English translation, presiding judge assured me English translation would be reread prior to end of trial, but such rereading did not materialize in view of which we have only sketchy knowledge of charges under which indicted. Have today addressed written request to court for copy of writ. Court refused my three requests October 24, November 1 and 2 for permission retain legal counsel, and also refused my request of November 1 and 2 for permission seek and subpoena witnesses for defense, and likewise refused my request November for recognition of Stokes and Hubbard as my [garbled group] court for purpose liaison with court, for seeking and engaging legal counsel and seeking and interviewing witnesses for defense.
Although I was informed by court I could conduct my own defense, [none] of accused was permitted examine any prosecution witness or to produce testimony refuting statements made by such witnesses. Prosecution was permitted present summation but accused not permitted. After adjournment 16 o’clock court reconvened 1800 o’clock [Page 1027] and read findings and pronounced judgment. Oral translation and findings and sentence were not clear or fully understood by Stokes or any of us, in view which I requested written copy of findings and sentences of court.
According our best understanding: Ward sentenced 6 months’ imprisonment and probation 1 year with sentence commuted to deportation, and to pay to former messenger Chi 9 days’ salary for period September 19–28, leave pay, severance pay, refund of retirement deductions collected this office since entry duty March 27, 1946, sum 1.3 million northeast wan [yuan?] equivalent today approximately US $7.00 for hospitalization expenses and 2.5 million NE yuan equivalent approximately US $14.00 for loss of time during hospitalization and convalescence. Rehberg and Kristan sentenced 4 months’ imprisonment, probation 1 year, sentences commuted to deportation. Tatsumi and Cicogna sentenced 3 months’ imprisonment, probation 1 year commuted to deportation. We were returned to our rooms about 19 o’clock and at 1930 were instructed prepare return our respective residences. All arrived home approximately 21 hours.
Were today permitted proceed under guard from residences to office [garbled group] all were kept in solitary confinement from arrest October 24 to release last evening. Quarters unheated for first fortnight and thereafter practically but for most part under-heated until afternoon November 17 after which time quarters adequately heated. Prison diet 6 slices bread from 4 by 5 inch loaf daily and hot drinking water 3 ounces daily. All lost weight during 4 weeks’ confinement ranging from Tatsumi 10 lb., to Ward 25 lbs. Rehberg and Kristan in better physical condition than others, but Kristan has acute pains in feet induced by cold. Cicogna in poor physical condition because of cold and diet but better than when I previously saw him November 4 at which time he was barely able to stand. Tatsumi suffering from shock and mental strain and incapable rational thought or reasonable speech, but has already given evidence progressive improvement since release. I experienced acute heart pains during period intense cold and still have sharp pains in right arm, both legs and feet and back induced by cold and prolonged exposure and to stupefying cold, but believe have sustained no disability that warmth and normal living conditions will not overcome. Contemplate paying off entire Chinese staff upon receipt requested allotment and Dept authorization refund retirement deductions after which shall again request land transportation to Tientsin-Peiping of mayor of Mukden for American staff and dependents, Cicogna and wife, Kristan and chauffeurs Deidra and Muhammedzan, in hope that mayor will honor understanding made by him on June 21 to furnish us transportation upon my request. Detailed report our arrest, imprisonment, treatment, examination and trial will be submitted when communications facilities permit. Staff and I very appreciative of efforts Dept and others in our behalf. Please pass Dept as 136, November 23.”
Mukden today reported further Tatsumi, Rehberg, Kristan, Cicogna and Ward today received documents from court alleged to be copies findings of sentences of trial end September [November?] 21 but concerned American unable to read those documents.
[Page 1028]Deptel 831, November 25,84 received Peiping November 26, was transmitted same date. Propose phone contents Mukden tomorrow if telegram still unreceived. Mukden telegram 136, November 23, still unreceived through telegraph office.
Sent Department 2114, Shanghai 1232, Nanking 1187.
- Not printed.↩