Maj. Bertelli: That is correct.
TJA: Maj. Bertelli is our last witness. We rest our case.
President: The defense will proceed with its case.
Defense Counseclass="underline" As its first witness, the Defense will call Capt. Mark Brown, the company commander of the defendant.
(Capt. Mark Brown O-xxxxxx was seated and sworn in and gave his name, serial number, and unit in prescribed fashion)
Defense Counseclass="underline" Capt. Brown, are you acquainted with the defendant?
Capt. Brown: I am, sir.
Defense Counseclass="underline" What is your personal opinion of Cpl. Chandler?
Capt. Brown: Sir, I would rate him one of the best soldiers in my company. He was alert and obedient; he was very courageous. He carried out orders effectively and promptly.
Defense Counseclass="underline" Do you know of any reason he would have to kill Lt. Graham?
Capt. Brown: No, sir.
Defense Counseclass="underline" Do you think he killed Lt. Graham?
TJA: Objection. The witness’s statement would be just one of opinion, not of fact.
President: Objection sustained.
Defense Counseclass="underline" I have no further questions.
TJA: I have a question. Capt. Brown, is it not true that you signed the charges against this man?
Capt. Brown: Yes, sir.
TJA: Why did you do that?
Capt. Brown: It was my duty as company commander to report these matters that had been brought to my attention.
TJA: That is all.
President: If there are no further questions, the witness may be excused. Defense Counsel, have you any other witnesses?
Defense Counseclass="underline" Yes, sir, I have one Other witness, Cpl. Joseph Bragan.
(Cpl. Joseph Bragan 3ххххххх was called to the stands seated and sworn in, and gave his name, serial number, and unit in prescribed fashion)
Defense Counseclass="underline" Cpl. Bragan, I am going to read part of a citation that Cpl. Chandler received accompanying an award for the Silver Star. “On 11 April 45, Cpl. Chandler volunteered along with seven other men to lead a patrol out to reconnoiter a Japanese strong point in a neighboring village. On reaching the village, he found that approximately one battalion of Japanese were located there. Cpl. Chandler, in compliance with his orders, attempted to enter the village, but finding how strongly it was defended, he quickly withdrew his men to a group of trees outside the village. When Japanese forces came out in an attempt to capture him and his men, he kept the latter well concealed, and by the use of a fight machine gun and an automatic rifle managed to keep the enemy patrol from coming into the woods. That night, because two of his men were wounded and unable to withdraw, he and his other men remained and beat off attacks by stronger forces the following day. That night, one of the men died, and he removed the other one, returning to his company area and providing valuable intelligence data about the defenses of the village. Cpl. Chandler obtained this information at great danger to his own personal safety...” Now, Cpl. Bragan, did you submit this story?
Cpl. Bragan: I did, sir.
Defense Counseclass="underline" And was it in accordance with the true facts?
Cpl. Bragan: Well, yes, sir, as I submitted it. But in my report I said Cpl. Chandler was ordered to lead the patrol. Lt. Graham must have changed it.
Defense Counseclass="underline" Are you sure, Cpl. Bragan, that Cpl. Chandler was ordered to lead the patrol?
Cpl. Bragan: Yes, sir, I am, because when they called for volunteers, these all had to be below the rank of Cpl. Chandler.
Defense Counseclass="underline" Are you aware, Corporal, that Lt. Graham and Cpl. Chandler were close friends?
Cpl. Bragan: Yes, sir. We all knew that.
Defense Counseclass="underline" Does it not seem plausible that Lt. Graham may have changed that report in order to divert suspicion from himself in sending his best friend on a possibly fatal mission?
TJA: Objection. That is pure conjecture.
President: Objection sustained.
Defense Counseclass="underline" I merely wished to point out that the irregularity of changing the report would seem to indicate that Lt. Graham may have wished his friend to be killed, in which case Cpl. Chandler may have acted in self-defense.
TJA: I would point out to the Counsel for the Defense that an equally plausible interpretation is that Lt. Graham changed the report to read volunteered in order to put his friend in an even more favorable light.
President: Since motive has not been proved, nothing is gained by these conjectures. You will proceed with the case.
Defense Counseclass="underline" That is all I have. My case rests.
President: Has the TJA any questions?
TJA: No, sir.
Maj. Belclass="underline" Before we conclude the testimony, as a member of the court I would like to ask Capt. Brown one question.
President: Capt. Brown will return to the stand. You are reminded, Captain, that you are still under oath.
Maj. Belclass="underline" Capt. Brown, is a mission like the one just mentioned ordinarily done by order or on a volunteer basis?
Capt. Brown: Ordinarily we call for volunteers, sir.
Maj. Belclass="underline" Had you not been apprised by G-2 that this was a job for a whole platoon?
Capt. Brown: I had, sir, and I’d passed on that information to Lt. Graham.
Maj. Belclass="underline" Why, then, did only eight men perform the mission?
Capt. Brown: I don’t know, sir, but as the mission was accomplished, I didn’t question it.
Maj. Belclass="underline" That’s all.
President: Are there any further questions? (No answer) Defense Counsel, has the defendant been advised of his rights to testify?
Defense Counseclass="underline" He has, sir, and he has nothing to say.
President: TJA, proceed with your argument.
TJA: Mr. President, other members of the court, I believe we have proved without a doubt that Cpl. Chandler deliberately shot and killed his commanding officer, Lt. Graham. Two witnesses have testified clearly to that fact. In addition we have shown that this was a planned and premeditated murder, and that it was not motivated by combat fatigue or some other mental disorder. I therefore ask the court to impose upon Cpl. Chandler the maximum sentence for this offense — the death penalty.
Defense Counseclass="underline" I deny that the defendant has been proved guilty of a planned and premeditated murder. In the first place, no motive has been discovered. In the second place, the testimony of the two witnesses is definitely open to question since their observations took place in the heat of battle — during which time it is unlikely they could accurately determine the defendant’s actions, and during which time no one has testified as to their mental condition. Thirdly, I ask you to consider the defendant’s reputation and record, and ask yourselves if such a man would cold-bloodedly and for no reason shoot down his superior officer and best friend.
President: Is there any rebuttal?
TJA: No, sir.
(At this point the court was cleared. After thirty five minutes, the defendant was called in. He was thereupon pronounced guilty and sentenced to death subject to the approval of the Secretary of War)
SUBJECT: Case of Cpl. Robert Chandler 3ххххххх
TO: The Inspector General
Attached is the file on Cpl. Chandler’s case. This has not only aroused much public interest, but the President has received a letter from the corporal’s mother. The President reviewed the case and suggests that before we proceed with carrying out the sentence we make every effort to establish a motive for the crime.
It is therefore ordered that you send someone to Okinawa to find out what possible reason Cpl. Chandler may have had for murdering Lt. Graham.
Xxxxxxx X. Xxxxxxxxx
Secretary of War
30 Sept 45