CR #4205
Comm #8652
Bail $5000.00

United States District Court
Western District of Washington
Northern Division

MAY Term, 1942

UNITED STATES OF AMERICA, Plaintiff,

vs.

GORDON KIYOSHI HIRABAYASHI, Defendant

No. 45738

INDICTMENT

United States of America

WESTERN DISTRICT OF WASHINGTON

Northern Division

SS: Vio. Pub. Law #503, Curfew Act

Vio. Civilian Exclusion Order

No. 57.

The grand jurors of the United States of America being duly selected, impaneled, sworn, and charged to inquire within and for the Northern Division of the Western District of Washington, upon their oaths present:

COUNT I

That GORDON KIYOSHI HIRABAYASHI, being a person of Japanese ancestry, whose true and full name is to the Grand Jury unknown, on or about the 11th day of May, 1942, and continuing until the date of the return of this indictment, at the City of Seattle, Northern Division of the Western District of Washington, and within the jurisdiction of this Court then and there residing and being within the geographical limits of Military Area No. 1, as such area is defined and described in Public Proclamations Nos. 1 and 2, issued by J.L. DeWitt as Lieutenant General of the United States Army and as the Military Commander of the of the Western Defense Command, Fourth Army, and so designated by the Secretary of War, pursuant to the Executive Order below described, did then and there commit and act in said military area contrary to the military orders applicable to said military area, to-wit: contrary to the restrictions of Civilian Exclusion Order No. 57, dated May 10, 1942, issued by the said Military Commander pursuant to Executive Order No. 9066, issued by the President of the United States on February 19, 1942, in that during all of the times above mentioned the said GORDON KIYOSHI HIRABAYASHI, being an individual living alone within the area prescribed by said Civilian Exclusion Order No. 57, he, the said GORDON KIYOSHI HIRABAYASHI, did then and there fail and neglect to report to the Civil Control Station located at Christian Youth Center, 2203 East Madison Street, Seattle, Washington, on Monday, May 11, 1942, between the hours of 8:00 o'clock A.M. and 5:00 o'clock P.M., or at all, and did fail to report to said Civil Control Station on May 12, 1942, between the hours of 8:00 o'clock A.M. and 5:00 o'clock

P.M., or at all, contrary to directions of said Civilian Exclusion Order No. 57, when the said GORDON KIYOSHI HIRABAYASHI knew and should have known of the existence and extent of the said orders and order and that the said acts above set forth were in violation of said orders; contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America.

COUNT II

That on or about May 4, 1942, GORDON KIYOSHI HIRABAYASHI, being a person of Japanese ancestry, and then and there residing and being within the geographical limits of Military Area No. 1, as such area is defined and described in Public Proclamation No. 1, duly issued by J.L. De Witt, Lieutenant General of the United States Army and designated as Military Commander of the Western Defense Command, Fourth Army, by the Secretary of War, pursuant to the Executive Order below described, did then and there commit an act within said military area and contrary to the restrictions applicable within said Military Area No. 1, which act was contrary to the restrictions of Public Proclamation No. 3, issued March 24, 1942, by the aforesaid Military Commander, pursuant to Executive Order No. 9066, issued by the President of the United States on February 19, 1942, in that the said GORDON KIYOSHI HIRABAYASHI failed to obey paragraph No. 1 of said Public Proclamation No. 3, which provides as follows:

"1. From and after 6:00 o'clock A.M., March 27, 1942, * * * all persons of Japanese ancestry residing or being within the geographical limits of Military Area Number 1 * * * shall be within their place of residence between the hours of 8:00 o'clock P.M. and 6:00 o'clock A.M., which period is hereinafter referred to as the hours of curfew,"

in that the said GORDON KIYOSHI HIRABAYASHI was not within his place of residence at Seattle, Washington, between the hours of 8:00 o'clock P.M. and 6:00 o'clock A.M., on or about May 4, 1942, when he, the said GORDON KIYOSHI HIRABAYASHI, knew or should have known of the existence and extent of said restrictions and order and that his act was in violation thereof; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.

[Signature]

United States Attorney

[Signature]

Assistant United States Attorney