Office of the Historian

152. Telegram From the Embassy in Japan to the Department of State1

Tokyo, May 23, 1957—11 p.m.

2728. For the Secretary. I appreciate very much your 2584,2 particularly because it clarifies that US Government’s intention is not to proceed unilaterally in contravention of applicable agreements. I am no lawyer as you know best of all, but we are still not clear here as to how, without contravening Administrative Agreement and related documents, US could proceed with court martial while governmental discussions were in progress, assuming of course that previous steps outlined your 2584 had been taken to bring the matter before two governments after inability to resolve it in Joint Committee. Nor am I clear as to what two governments would be discussing while court martial was in process.

Following receipt your 2584, Horsey had discussion at Foreign Office with Chiba, senior official on American affairs and Japanese representative on Joint Committee. Horsey put considerations in last paragraph of Deptel 2584 to him. Chiba said flatly that in view of circumstances and evidence Japanese wished to try Girard themselves. He said that implications in comment reported from US press, that Japanese trial would be unfair and prejudicial to Girard’s interests, were most serious and if continued would be “unforgettable” in Japanese minds.3

MacArthur
  1. Source: Department of State, Central Files, 711.551/5–2357. Secret; Niact. Received at 10:55 a.m.↩
  2. Supra.↩

  3. Telegram 2729 from Tokyo, May 23 (received in Washington after telegram 2728), marked “For the Secretary”, transmitted a long statement that Chiba had that evening read and presented to MacArthur. In the statement, Japan reviewed the facts of the case, the manner in which the Joint Committee had made its determination, the state of Japanese public opinion on the question, the effect on relations between Japan and the United States of any abrogation of the Joint Committee’s arrangement, and called for prompt implementation of that arrangement. In conclusion MacArthur noted:

    “After reading above statement Chiba concluded by saying that if woman had been shot by accident in an attempt to frighten her off range, situation would have been manageable. What inflamed and infuriated Japanese was that she had been deliberately enticed to pick up cartridge cases, had been made fun of and shot.” (Department of State, Central Files, 711.551/5–2357)

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