5. (U) The defense counsel requested a total of eleven witnesses
at the outset of the morning session, six in behalf of Brig. Gen. Lee,
four in behalf of Col. Pak, and one in behalf of Col. Lee. The law
member postponed his decision as to which of these witnesses would be
called until the completion of testimony of each of the accused.

Procedural Highlights - 23 August 1961 (U)

1.(U)fhe session was concerned exclusively with- the testimony of the
other two accused, Col. Lee Kap Yong and Brig. Gen. Lee Song Kook. The~
question and answer method was used by defense counsel in examining both
accused. This contrasted with the narrative method by which the accused,
Col. Pak, testified the day before. During the course of examination by
counsel, court members frequently interrupted the witness in his answers
to counsel's questions by interposing questions of their own.

2. (U) The prosecutor maintained a hostile demeanor throughout
his cross-examination of Col. Lee. He shouted his questions at the
accused, often interrupting an explanation and demanding a yes or no
answer. Very often while the witness was answering a question, he would
smile in the direction of the court as if to indicate that the witness
was lying. These looks received knowing glances from the court members,
particularly the president of the court, who appeared amused with the
prosecutor's line of questioning and the witness's responses. The
prosecutor attempted to impeach the witness by delving into insignificant
details, such as the witness's recollection of the name of an officer
working at the Division Headquarters. He expressed delight in the fact
that the witness could not remember the name of the officer and declared
him to be most incompetent as a leader for having such a poor memory.

3. (U) The law member and other members of the court reminded the
witness several times that he was under oath and stated that they thought
he had been lying. The law member told the witness that the five judges
were not fools and asked him to tell the truth. During the afternoon
session, one judge informed the witness that he would have been better
off if he had not taken the stand. He was told that he had lied so much
during the course of his testimony that none of the judges had believed
any of his testimony all day. When another judge asked questions that
had been asked earlier in the day and the witness started to answer in
the same manner as he had before, the judge interrupted the answer and
told him to quit telling another of his "phony" stories. This remark
produced laughter from the spectators in the court room. When the court
members received replies that would establish innocence, they became
quite dissatisfied and badgered the witness with admonitions to tell the
truth.

Procedural Highlights - 24 August 1961 (U)

1. (U) Brig. Gen. Lee Sang Kook testified the entire session and
was the first witness who argued with and shouted at the prosecutor.
He first informed the prosecutor that some of his questions were
nonsensical and often insisted that he be permitted to complete the

-D5-