Ex-Service Men Refusing Calls to War Trials Washington, July 4 (UP) – Many Japanese and German war criminals are getting off with light sentences instead of the death penalty because discharged service men refuse to return overseas to testify against them, the war crimes branch of the War Department said today. A spokesman said the success of the prosecution in a criminal case involving the death penalty requires the presence of a witness who can identify the slayer in court. He said that depositions taken in the United States and sent to Japan or Germany were not enough. Witnesses are appealed to on the basis of patriotism and sense of duty to their slain comrades. They are offered all expenses paid plus food, lodging and remuneration to $20 a day.