793.94/16069: Telegram
The Consul at Shanghai (Butrick) to the Secretary of State
671. Incident of July 7. Reference my 653, July 18, 4 [6] p.m., and previous.88 Following is text of an official letter dated July 22, delivered today to Major General Miura from Colonel D. Peck:
“Further reference is made to your letter of 8 July. On the morning of 7 July, 1940, General Nishio, accompanied by a large number of Japanese officers, made an official tour of the American defense sector; and the Japanese military held an official reception at the Pelee Hotel, within the American defense sector.
The Commanding Officer, Fourth Marines, although he had received no official notification from the Japanese authorities that the above tour and reception were to take place within the American defense area, personally met General Nishio and welcomed him to the American sector, and provided him with an official military escort.
It must be noted that 12 [7] July being the anniversary of the Loukouchiao incident, the Shanghai Municipal Police had requested the Fourth Marines to operate in active support of the police and take special precautions against acts of terrorism or anti-Japanese demonstrations. The unexpected appearance of the Japanese Commander in Chief, accompanied by a large Japanese escort, within the sector on this date created an additional hazard.
While General Nishio was attending the reception at the Pelee Hotel, the Shanghai Municipal Police at about 10:00 notified Marine Headquarters that a number of strange Japanese in civilian clothes, thought to be gendarmes, and apparently carrying concealed weapons, were on Bubbling Well Road, along the route over which the Japanese General Nishio was expected to pass soon. The marines felt a high [Page 102] degree of responsibility for General Nishio’s safety as long as he remained in the American sector, and as these men might be terrorists it was necessary to remove them and remove them fast. No time was available to communicate with Japanese authorities to verify these men’s identity and orders were issued for their arrest.
An officer on patrol accompanied by an interpreter and by an officer of the Shanghai Municipal Police, who pointed out the suspicious characters, effected the arrests. Some resisted arrest. All refused to surrender their guns. Identification cards were produced purporting that the men were members of the Japanese gendarmerie. However, doubt was cast on this because the Marine authorities had not been informed that separate gendarmes would operate in the Marine sector.
The suspicious characters were stationed singly at intervals along Bubbling Well Road, staggered on opposite sides of the road. In all, 16 arrests were made. As stated above, some resisted arrest. All refused to surrender their guns. No force was used other than necessary to arrest these men, and to effect prompt disarmament of the men in order to prevent their causing death or injury by the use of their firearms. The marines effecting the arrests were armed but carried their rifles slung over their shoulders. The Japanese were transported from the places of arrest in trucks of the type used to transport personnel. In many cases the Japanese refused to get into the truck and had to be bodily lifted therein.
General Nishio passed up Bubbling Well Road and left the American defense sector at about 10:45, without incident. Prior to that time all of the above arrests had been effected.
The Japanese were first detained near regimental headquarters in a small building used daily by the marines as a lecture room, gymnasium, and an indoor .22 calibre range. The leader sergeant major was at once permitted to telephone his superiors. He was then questioned by the regimental commander. The men, while detained in this building, were guarded by two sentries within the building and two outside the building, and a corporal stationed in the doorway. Rifles were carried loaded and locked. Bayonets not fixed. No other persons entered this building except an interpreter and the officer of the day. The interpreter entered because it was reported by the guard that the prisoners wanted to say something. It developed that this something was that one wished to go to the lavatory. He was conducted to the lavatory.
At 11:30, after the names of the men had been secured and their pistols listed, and as the indoor range did not have proper facilities, the men were conducted to detention quarters where they were accorded exactly the same facilities and treatment given to marines who are detained. They were offered their noon meal. Some started to eat but were stopped by their leader.
Japanese officers called at Marine headquarters and identified the men as gendarmes. It was explained that the men would be released whenever a responsible officer signed a release for them. A major of gendarmes called in the afternoon and talked to the men and left after praising the fine detention quarters. He refused to sign a receipt for the release, stating that he did not have authority.
[Page 103]Finally at 15:00, Major General Miura, commanding officer of gendarmes, called at Marine headquarters. He expressed his regret over the incident and stated that it was by accident that the marines had not been notified, and gave assurances that the incident would not recur. The men and their arms were released to Japanese authority. It was agreed between Major General Miura and the commanding officer. Fourth Marines, that incident was closed.
While the men were detained in detention quarters they were given the usual routine medical examination. Three had superficial cuts—iodine cases. One complained of a headache—aspirin treatment. The memorandum report reads: “All others were examined carefully, and thoroughly, and there were no other signs of tissue, bone, or large injuries that could be elicited.”
On the morning of July 8th, Major General Miura addressed a very courteous letter to the commanding officer, Fourth Marines, expressing his gratitude that the trip of General Nishio through the American sector had been completed without delay or obstruction.
On the afternoon of July 8th the Japanese official spokesman at a press conference made a violent attack against the marines, accusing them among other things of brutality during and after the arrests. This was the first intimation the marines received that there was any thought of undue force having been used.
Later, a letter was received from Major General Miura, written on July 8th, containing practically the same denunciations made by the press spokesman noted above.
An exhaustive investigation was initiated by the Fourth Marines in an attempt to determine whether or not these denunciations had any foundation.
Major General Miura and Colonel Peck had various conferences in an endeavor to settle this incident. Finally it was decided that the settling of the incident would await the termination of the investigation being conducted by the Fourth Marines.
This investigation has now been completed. During the investigation Japanese authorities were freely consulted. We wish to thank you for the cooperation given.
The investigation does not sustain the charges of undue force and maltreatment. The statement that the gendarmes offered absolutely no resistance is not sustained. Most resisted arrest. All refused to surrender their guns, and struggled, some violently—striking, butting and kicking at marines. Some marines received minor injuries such as scratches and bruises. One marine reports that a gendarme attempted to bite his hand.
It is claimed that the gendarmes were forced to squat on the floor of the rifle range. This claim is not substantiated. It is true that they were detained in a small building used daily by the marines as a lecture hall, gymnasium and an indoor .22 calibre rifle range. This building is not provided with chairs, hence the gendarmes were under the necessity of either standing or sitting on the floor. This was unfortunate, but the inconvenience was certainly not great as the men were detained therein not over an hour.
It is claimed that the gendarmes, after being unarmed, were menaced with loaded rifles. It is true that the guards’ rifles were loaded and [Page 104] locked. But the guards were under competent command and we can find no verification of the allegation of menacing gestures.
The claim has been advanced that one gendarme had his ear pulled. We can find no verification.
It is claimed that the Japanese gendarmes received unfriendly treatment in the presence of the public in broad daylight. It is true that the gendarmes were unavoidably forcibly arrested in the presence of the public in broad daylight, but the public could not have been generally aware that they were gendarmes inasmuch as they were in plain clothes.
It is claimed that the number of gendarmes injured was 11, in place of the 3 stated by Marine authorities. In this the Gendarme and Marine authorities are at variance. Both authorities are agreed, however, that no serious injuries were inflicted.
Inasmuch as you were kind enough to express to me your regrets that Japanese gendarmes were operating in the American sector without proper authorization on July 7, 1940, and to assure me that the incident would not recur, I have no hesitancy in expressing to you my regrets that, pursuant to measures we were taking to safeguard the Japanese Commander in Chief on that occasion, and under the unusual circumstances then obtaining, the incident occurred, and that some members of the gendarmerie as well as some members of the marines were unavoidably slightly injured.
Assuring you of my high personal esteem, I am, etc.”
Sent to the Department. Repeated to Chungking, Peiping, and Tsingtao. Tsingtao repeat to Commander in Chief. Code text together with code text of my 653 and 650 being air mailed to Tokyo.89