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BURMA
            UNITED STATES RELATIONS WITH BURMA'
790B.00/1-1951
       The Charge in Burma (Day) to the Secretary of State
CONFIDENTIAL                           RANGOON, January 19, 1951.
No. 487
Ref: Embtel 467, dated January 17, 1951-2
Subject: Forwarding Press Copies of Judgment in Seagrave Case
  There is enclosed a copy of the text of the judgment in the Seagrave
case 3 which was released to and reported in the English language
newspapers of Rangoon.. The Embassy has not been able to obtain a
certified copy as yet. The Attorney is awaiting a certified copy for use
in preparing an appeal. The decision of the Special Tribunal was
delivered by Justice Ba Swe on the morning of January 17, 1951. The
Court found Dr. Seagrave guilty of the second and third charges
brought against him under section 4 (1) of the High Treason Act. The
charges are quoted in enclosure No. 2 to this Despatch.4 Dr. Seagrave
was sentenced to six years of imprisonment on account of the second
charge and to one year of imprisonment under the third charge. The
sentence under the third charge runs concurrently with the other. The
Tribunal declared Dr. Seagrave not guilty of the first charge.
   It should be borne in mind that the sentence is not one of high
treason but of aiding a person known to be committing high treason.
  Were the sentence for a term shorter than six years, it would not
have been possible under Burmese law to appeal.
   Dr. Seagrave's attorney, U Kyaw Myint, is preparing an application
 for release on bail but feels that there is little hope of this being
 granted.,
   The appeal against the sentence will go before two or three justices
of the High Court of Burma. The justices will be selected by the Min-
  For previous documentation, see Foreign Relations, 1950, vol. vI, pp. 229
ff.
  2 Not printed; it contained a brief summary of the material contained in
this
despatch (790B.00/1-1751).
  3 For previous documentation, see Foreign Relations, 1950, vol. vi, pp.
253 if.;
see also the editorial note, infra.
  'Neitherthis enclosure nor enclosure No. 1 is here printed.
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