57r CONOG

;,dSei.t

J DOCUMENT

SENATE.

f Se1sio.z.

No. 218.

D: ::S

TRIALS OR COURTS-MARTIAL IN THE PHILIPPINE ISLANDS IN CONSEQUENCE OF CERTAIN INSTRUCTIONS.

LETTER
FROM

THE SECRETARY OF WAR,

IN

BESPONSE TO

SENATE BESOLUTION OF F RUARBY 28, 1908, 8T31ANSITING A

REPOBT SHOWING THE TRIAL O COURTS-MARTIAL HAD N
THE PHILIPPINE ISLANDS IN CONOEQUENCE OF THE INSTBUCTIONS COMMXa ATXD TO MAJbAORL-GENEAL CHAFJE ON
APRIL 15, 1902, TOGTHE, WITH THE ACTION OF THE PRSIDENT OR THE SECETARY Of WAB THEBEON.
MARCH 3, 1903.-Referred to the Committee on the Philippines and ordered to be

printed.

WAR

DEPARTMENT,
March3,1903.
Tasd
hngton,
SiR: I have the honor to acknowledge the receipt of the Senate
resolution of February 28, 1908, calling for information in respect to
the courts-martial which have been ordered in the Philippine Islands in
consequence of the instructions communicated to Major-General Chaffee by the Secretary of War on April 15, 1902, together with the
action had thereon by the President or Secretary ofWar.
In reply thereto I submit the inclosed report, showing the trials
had in pursuance of the said instructions, together
with summaries of
the records and testimony, with the action of the President and Secrein respect thereto. I also inclose the report of an investary of War
made the

in the case of Capt.

by
ttigation
Cornelius M, Brownell,Judge-Advocate-General
with
a
copy
of
an opinion of the
together
Attorney-General in respect to the amenability of Captain Brownell
Very respectfully,
Euu ReooT
S;:
ofWta r.
ty
;:Xf
:0e0eta
t
o :z
The
ParsW
SrS
:
;SEf.T
6 .D-7--Vol 15--36.

OOURTS-MARTIAL IN THE PHILIPPINXE

ISLXAND8

REPORT OF THE SECRETARY OF WAR IN REPLY TO RESOLUTION OP INQUIRY ADOPTED BY THE SENATE OF THE UNITED
STATES ON PEBRUARY 23, 1903.
WAR DEPARTMENT,

WaMhington, February 28, 1903.

In pursuance of the instructions of the Secretary of War which
were conveyed to Maj. Gen. Adna R. Chaffee, U. S. Army, comianding the Military Division of the Philippines, in a departmental telegram
under date of April 15, 1902, the following officers were brought to
trial by general court-martial: Brig. Gen. Jacob H. Smith,lU. S.
Army; Maj. Edwin F. Glenn, Fifthlnfantry; Capt. James A. Ryan,
Fifteenth Cavalry; First Lieut. Julian E. GauJot, Tenth Cavalry;
First Lieut. Edwin A. Hickman, First Calvary, and First Lieut. N. E.
Cook, Philippine Scouts.
The action taken by the President thereon, and a summary of the
evidence in these and other cases named in the resolution, will appear
his
from the following pgef thireport.
No recond of trial of "Lieut. - Cooke" has been found, and it
is probable that the information of the Senate under that name relates
to "Lieut. Norman E. (Cook, Philippine Scouts."
Copies of reports of investigation in the "Father Augustine case"
and of the opinion of the Attorney-General, dated January 26, 1903,
in regard to the trial of Cornelius M. Brownell follow the other matters given in this report.
GENERAL ORDERS, )
HEADQUARTERS OF THE ARMY,
: 80.R
OFFICE,
ADJUTANT-GENERAL'S
:No. 80.
Wahigtow, Jidy 16, 1902.
Before a general court-martial, convened at Manila, P. I., pursuant
to Special Orders, No. 1, War Department, Adjutant-General's Office,
Washington, D. C., April 21, 1902, and of which Maj. Gen. Loyd
Wheaton, U. S. Army, was president and Maj. Harvey C. Carbaugh,
U. S. Army, was judge-advocate, was arraigned and
judge-advocate,
triedBrig. Gen. Jacob IH. Smith, U. S. Army.
CHARGE.-' Conduct to the prejudice of good order and military
discipline."
SSpeoiction.-" In that Brig. Gen. Jacob H. Smith, U. S. Army,
commanding general of the Sixth Separate Brigade, Division of the
did give instructions in regard to the conduct of hostilities
Philippines,
in the island of Samar, P. I., to his subordinate officer, Maj. L. W. T.
Waller, U. S. Marine Corps, the said Waller being under his command and commanding at the time a subterritorial district in the island
of Samar, P. I., in language and words to wit: 'I want no prisoners'
(meaning thereby that giving of quarter was not desired or required)
and 'I wish you to kil and burn. The more you kill and burn, the
better you will please me,' and 'the interior of Samar must be made
a howling wilderness,' and did further give instructions to said Major
Waller that he (General Smith) wanted all persons killed who were
capable of bearing arms, and did, in reply to a question by said Major
Waller, asking for an age limit, designate the age limit as 10 years of
age. This at or near the island of Samar, P. I., between the 23d day
of October, 1901, and the 30th day of November, 1901."
No.

OOURTS.MATIAL, IN THES PHILIPPNE ISLANDS.

To which charge and specification the accused, Brig. Gen. Jacob H.

U. S. Army, pleaded as follows:
Smith,
To the specification, "Not guilty."
To the charge, "Not guilty."
FINDING.-Of the specification: "Guilty, except the words ' meaning thereby that giving of quarter was not desired or required,' and
of the excepted words 'not guilty,' and substituting for the words
' capable of bearing arms' the words capable of bearing arms and in
actual hostilities against the United States,' and of the excepted words
'not guilty' and of the substituted word 'guilty.'"
Of the charge, "guilty."
SENTENoC.-And the court does therefore sentence him, Brig. Gen.
Jacob H. Smith, U. S. Army, "to be admonished by the reviewing
authority." The court is thus lenient in view of the undisputed evidence that the accused did not mean everything that his unexplained
language
implied; that his subordinates did not gather such a meaning, and that the orders were never executed in such sense, notwithstanding the fact that a desperate struggle was being conducted with
a cruel and savage foe.
WAr

DEPARTMENT,

Wai/n71gt(on, Jiutly 10, 1902.

To the PRESIDENT:
I transmit herewith the record and proceedings upon the trial of
Brig. Gen. Jacob H. Smith by court-martial convened under your
order dated April 21, 1902, and now brought before you as reviewing
authority.
General Smith was found guilty of conduct to the prejudice of good
order and military discipline in that he gave in the fall of 1901 to
Maj. L. W. T. Waller, of the Marine Corps, then serving with a battalion of marines under his orders as commander of the Sixth Separate
in Samar, the following oral instructions:
Brigade
"I want no prisoners. I wish you to kill and burn-the more you
kill and burn the better you will please me;" and further, that he
wanted all ptersons killed who were capable of bearing arms and in
actual hostilltics against the United States; and did, in reply to a
tion by Major Ualler asking for an age limit, designate the age lqueslimit
as 10 years of age.
The court sentenced him to be admonished by the reviewing authority, and the court appended to the sentence the following explanation:
"The court is thus lenient in view of the undisputed evidence that
the accused did not mean everything that his unexplained language
implied; that his subordinates did not gather such a meaning; and that
the orders were never executed in such sense, notwithstanding
that a
was
conducted
with
a
cruel
and
savage foe."
desperate
struggle
An examination of thebeing
evidence has satisfied me that the conviction
was just, and:that the reasons stated for the very light sentence imposed
are sustained by the facts:. General Smith, in his conversation with
a
inconsiderate, and violent
Major Waller, was guilty of itemprat
exressions, which, if: accepted literally, would grossly violate the
humane:rules gverning American armies in the field, an if followed
the militar service of the
would
lastidisgr;
United htvebroUlt
States. Fortunatelyithy were not taken literally and were

OOVauTuMXATIA]X IX TUi PUfLIlXN) 1SLAENI.

not followed. No women or children or helpless persons or noncombatants or prisoners were put to death in pursuance of them.
An examination )of the record and proceedings upon the trial of
Wallhr, which immediately preceded that of General Smith,
Major
shows that tihe instructions in question bore no relation to.the acts for
which Major Waller was tried, and were not alleged by him as justitfi
cation 'for those act. Major tWaller was tried for causing certain
natives, who had acted as barers or guides of one of his expeditions,
to be put to death for treachery without proper trial; and he defended
his action, not upo)n the ground of any orders received from (General
Smith, but upon the ground that as commanding officer he was justified
the laws of war...
byGeneral
Smith's written and printed orders and the actual conduct
of military operations in Samar, were justifie by the history and conditions of the warfare with the cru and treacherous savages who
inhabited the island, and their entire disregard of the laws of war,
were wholly within the limitations of General Orders, No. 00() of
1838, and were sustained by precedents of the highest authCorty.
Thus in 1779, Washington ordered General Sullivan in the campaign against the Six Nations to seek the total destruction and
devastation of their settlements. lHe wrote, "But you will not by
of their
to overtures of
peace before the total ruin
any means islisten
* Our future
*
*
be
in their
will
settlement effected.
security
and
are
which
to injure us, the distance to
they driven,receivein the
inability
of
will
terror with which the severity the chastisement inthey for base
them." The iFr)rt Phil Kearney massacre
1866,
inspire
treache ry, revolting cruelty, and the conditions of serious danger
which followed it did not approach the massacre at Balangigi in Saltla
in Septembner, 1901. There the natives had been treated with kindness an(l confidence, liberty and self-government had been given to
them. Captain Councll the American commander, was of the same
faith and had been worshipping in the sanm church with them. With
all the assurance of friendship our men were seated at their meal
unarmed among an apparently peaceful and friendly community, when
behind and butchered and their bodies when
they were set upon from the
found by their comrades next day had been mutilated and treated
with indescribable indignities. Yet there was no such severity by
Amrcllan soldiers in Samar as General Sherman proposed toward the
Sioux after Fort Phil Kearny.
It is due, however, to the good sense and self.restraint of General
Smith's subordinates, and their regard for the laws of war, rather
than to his own self-control and judgment, that his intemperate and
verbal instructions were not followed, and that he is
unjutstifiatle
relieved from the indelible stain which would have resulted from a:
literal compliance with them.
It is the duty of a general officer whose age and experience have
of
brought him to high conlmand not to incite his subordinates totheactslaws
lawless violence, but to so explain to them the application of
of war and the limitations upon their conduct as to prevent transgres.
sions upon their part and supplement their comparative inexperience
control. In this (eneral Smith has signally failed, and for
by his wise
convicted. Although the sentence for
is
imposed
tfis he has been justly
an offi.
a condemnation which,
light, it carries with ita severe
exceedingly
For this reacer of his rank and age, is really
punishment.
has
served his
Smith
General
that
son, and for the further reason

OOVU*TSMARTIAL IN THE PRILIPPINE ISLANi)S.

country long and faithfully, has exhibited high courage and good conduet ilnmny battles, has been seriously wounded in the civilwar and
int the war with Spain, and is about concluding a long and honorable
career at at faithful iand loyal servant of his country, 1 recommend that
the mlild sentence! ilmposed be confirmed.
Should you approve the findings and sentence of the court in accord.
ance with this recommendation, 1 feel bound to say, further, that in
view of the findings arid sentence and of the evident infirmities which
have 1made it possible that the facts founl should exist, it is not longer
for tlhe interest of the service that generall
Smith should continue to
exercise the command of his rank. His usefulness
a1s an
example,
and
for
influence
the
officers
of the Army is
junior
guide,
controlling
at an end; (and as he is already upward of 62 years of age, I recom.
mend that you exercise the discretion vested in you by law and now
retire hli i roml active service.
EIUII XTo, ASz,'retary of TWar.
of tAlie proceedings of the general court- martial in the
lThe record
of Brig. Gen. Jacob H. Smith, U. S. Army, having
case
foregoing
been submitted to the President, the following are his orders thereon:
WirmT HousE, WJUaAS ngtfm, Jul,/ 1J, 190W.
The findings and sentence of the court are approved. I am well
aware of the dangerr and great difficulty of the task our Army has
had in the Philipplne Islands and of the well-nigh intolerable provocations it has received from the cruelty, treachery, and total (disregard
of the rules and customs of civilized warfare on the part of its foes.
I also heartily approve the employment of the sternest measures necesto put a stop to such atrocities, and to bring this war to a close,
sary
It would be culptable to show weakness in dealing with such foes or to
fail to use all legitimate and honorable mletlhods to overcome them.
But the very fact that warfare is of such character as to afford infinite
for the commission of acts of cruelty by junior officers
provocation
and the enlistedrmenl, must make the officers in high t'and responsible
position peculiarly careful in their bearing and conduct so as to keep
a moral check over any acts of an improper clhraeter by their sulbordinates. Almost universally the higher officers have so borne them.
selves as to supply this necessary check; and with but few exceptions
the officers and soldiers of the Army have shown wonderful kindness

and forbearance in dealing with' their foes. But there have been
there have been instances of the use of torture and of
exceptions;heartlessness
in warfare on the part of individuals or small
improper
in the recent campaign ordered by General Smith, the
(detachmelnts.
shooting of the native learers by the orders of Major Waller wasta
act whi h sullied the American name and can be but partly excused
beca use of Major Waller's mental condition at the time; this mental
condition being due to the fearful hardship and suffering which he had
undergone in his campaign. It is impossib le to tell exactly how much
influence language like that used by General Smith may have had i
preparing the minds of those under him for the commission of the
deeds which we regret. Loose ind violent talk by an officer of high
tank is always likely to excite to wrongdoing those among his subolrdinates whose wills
are weak r whose passions are strong.

OUBRTS-MARTIAL 13 TRHE PHILIPPINE ISLANDS.

(General Smith has behind him a long career distinguished for galand on the whole for good conduct. Taken in the full, his work
lantry
has been such as to reflect credit upon the American Army, and therefore upon the nation; and it is deeply to be regretted that he should
have so acted in this instance as to intferere with his further usefulness in the Army. 1 hereby direct that he be retired from the active
list.
THEOIX)UR ROOSEVELT.
By direction of the President, under the provision of section 1244,
Revised Stattutes, the retirement of Brig. (Gen. Jacob TH. Smlith, U. S.
is ordered by the Secretary of War to take effect this date.
Army,
General Smith will repair to his home. The travel enjoined is neeservice.
essary for the public
By command of Lieutcnant-( general Miles:
T1. C. Co'lI'nIN,

Adjlutan t- GYeral, Mayjor- (/e'neral,

S.

Anrmy.

WAR DEPARTMENT,
OFFIc(E 01 THE JtYXE-ADIVOATE-( ENEItAL,
]latsh4ngcn,^ Jutno:, 19, 1,902.
The SECRETA'tY o IWAR.
SIR: I have the honor to submit the following report in respect to.
the trial of Brig. Gen. Jacob II. Smith, U. S. Army, by ,, general
court-martial convened, by order of the President, at Manila, P. I., (o
April 24,1902. lThe court met on the day appointed in the older an(d
without day on May 8 following, eight days being conad(journd
summed in the trial of the case.
General Smith wars arraigned upon the following charge and specification:
to the prejudice of good order and military discipline.
COnAtrl .-Confductthat
Brig. (.men. Jacolt:) . Smith, U. S. Army, collmmanding genl
AS)eW<fica(tti(on.--l
era of the Sixth Separate Brigatde, Division of the l'hilippines, did( give instr; 'tiolns
in regard to thfe (condtlt of hotilities in theft land of Sarnlar, P. ,I, to his sulx)rdlinatt
officer, Maj. .L W. T. Waller, I. S. MaIrine Corps, tho said Waller being under hiH
district in tlhe island of
(comanld
x ingl at the time a subtterritorial
an1 d colmmandl
no prisoners" meaningg
"I
want
to
wit:
and
P.
in
words,
Samar, 1., language
kill
that giving of quarter was not desired or required) and " I wish you to"The
thereby
me," and
please
and burn. The more you kill and burn, the better you willdid
further give instrulcinterior of Samlt"nmtust be made a howling wilderness"'" and
nt
kill
wno
r ed who)
p
mpeit,
tions to satid Miar Wailer that he, General Smit ll
were capable e of bearing arms, and did, inrreply to a (question by said Major Waller,
for an age limit, designate the age limit as 10 years of age.
asking
This at or near the island of Samlar, P. 1., between the 23d day of October, 1901,

(lay of November, 1901.

To which the accused pleaded "Not guilty," but submitted to the
court the following statement of facts (Record, p. 6):
Mr. President and the members of the court, the accused desires to simplify
this (cate as mtlch a pH)ssible, and admits that he was commanding general of tthe
that Major Waller was one of
Division of tle
Sixth

and the 30th

Separate Brigade,
Philippinesi
his subordinate officers in commllandl of a subterritorial district, and that lie did give
him certain instructions relating to hostile under arms in the field, and Ihe did
y
instruct himt not to burden himself with prisoners of which hie, General Smith, already
hadw1o many that the efficiency of his command was impaired; that he did teWll hi

COURTS*MARTIAL IN TIHS PHILIPPINE ISLANDS.

.....

that he wanted him to kill and burn in the interior and hostile country; and did
further instructt him that "The interior of Samar must tb made a howling wildernless; and <did further instruct him that he wanted all persons killed who were
capable of waring arms and were actively engaged in hostilities against the United
States. and that ho did designate the age limit of 10 years, as boys of that age were
in hostilities against the United States authorities, and were equally
actively engaged
dangerous as an enemy as those of more mature age,

(General Smtith was signed tot the commarn d of the troops located
the island of Samattr on ()ctober 10, 1.901, and to the command vf
the Sixth Sepxarate BrAigadeo on the: 283d October following. In pursulrnce of said assignment he assutlmed control of the troops operating
in the island of Saniar, where an insurrection against the authority of
on

the United States had been in existence for considerably more than a
ytr. At the date of General Smith's assignment a battalion of the
Marine Corps, under the command of Maj. Littleton W. T. Waller,
was stationed at Balangiga, where it was employed in operations against
the enemy in the southern part of the island. The orders assigning
the marine battalion to this duty are not set forth in the record.
THEI ISLAND 0F SAMAt.

The theater of the military operations undertaken by General Smith,

with a view to the suppression of the insurrection and the restoration
of public order, was the island of Samar, one of the larger islands of
the Philippine group, which is separated from I1uzon on the north by
the Ber3nardino Strait, and from Leyte on the southwest by the Janalitas Canal. The island of Samar differs materially from Luzon in
both its physical and ethnological aspects. Captain Ayer testifies in
that respect (Record, pp. 85-8(6) that-The topographical features of Saimar are, I think, peculiar, even when considered
or coinpared with other islands of this archipelago. It is an island substantially
triangular in shallp, with its base northward, Less than 100 feet in most places
from the coast line elevations become considerable, and the interior of the island
contains well-defineld mountains an(d all covered with intense verdurte. Through
this island run three or four large rivers, navigable for boats drawing as high as
40 feet in some places. The principal rivers aret tthe (andara,ont the west coast,
the Catamlaln and Katubig rivers on the north, and the Ulut River, which empties
into the Pacific. It is practically imlpossible for anything like a large city to exist
away from the coast line or those water courses. There are no roads anId no means
of colmmunlication; even tile comm)llon Night of a carabao cart is unknown in Samlar.
When generall Smith arrived there, which had Ienx but a few days before my
me he lhad made an extended trip arouldl the island, seeing the
arrival, heof told
locations the garrisons and tlhe conditions of tlhe towns, He found tlhe towns on
the coast line substantially desertedl From a population variously estimatAied prior
to the war from 2(00,000 to 300,000 there wta a mere handful in sight. The Balangiga
irassacre, and another one at Katubig in the clays of a volunteer
had caused the people to flee to the interior, fearing the just pulishmltentregiment,
of their
former acts.
Mr. Severance, a civilian, summoned as a witness by the defense,
says (Record, p. 58):
The nature of the country nas very rough. The rain was incessant, and the country
was alld(lsely wooded, consisting of a succession of ravines. The mfountains were
not very high, but were very steep. After we had been3 out two (lays we began to (be
troubled by leeches, which wloull go through clothing and could not be kept out.
letter on we ran into traps. At times the country was so rough and difficult that I
remember one afternoon where we marched for three hours and did not make over
a mile and a half; the men were exhausted, and it was necessary for each man in the
column at timeto help
e th e man behind him.

OOURTS-MABTIAL IN THE PHILIPPINE ISLANDS.

Lieutenant Hoover, of the Philippine

(Record, p. 68):

Scouts, says cn this point

It is very mountainous, dense undergrowth, (cnebrakes; the rivers are very swift
and rocky. The main towns ar on the coast. The trails are very narrow, and very
few of them; canebrakes on every side of them, except in the mountains.
Q. Any roads?-A. No, sir; no roads that I have ever seen.
(CHARA(CTER OF INHIABITANTS,

As to the character of the people who participated in and supported

the insurrection, Lieutenant Baines, Ninth Infantry, testified that there
were very few people living in the interior of Satlar, and that the
population was to e found "mostly on large rivers and in seacoast
towns." recordd, p. 66.) In reply to a question as to the character
of the native population, he says (ftecord, p. 66):
The merchants and otffcials are mostly as intelligent as the, people of Luzon, of
Manila. But in the lower classes, the fishermen and others, very few of them even
Spanish, and, as to their characteristics, about the same; as I said before, they
speak
are treacherous and cruel.
Upon being asked to describe the characteristics of the people as
far as known to him, from his observation and experience, his reply
was:

All the natives that I have seen in the interior of Samar, outside of the towns,
were what I consider savages; they were very low in intelligence, treacherous, cruel;
seemed to have no feeling, either for their families or for anyxboy else, These were
the native outside of the towns,

Lieutenant Hoover, in

68):

reply to a similar question, says (Record,

p.

I would call them religious fanatics, known as the Dioesdios people.

Q. Are all those il the interior I)ios-dios people?-A. Well, I couldn't say as to
that. All that I ever saw were.
Q. Aside from being religious fanatic, what can you state as to their characteristics?-A. They are very treacherous; can not be relied upon at all.
'Q.. Did
you ever come in contact with armed insurgents?-A. Yes, sir; I have.
From what ages? Between what ages would those that you have seen range?-.
A. Well, from 12 years to-I could not put the age; probably 50) or (0). From 12
years up.
Q. From your knowledge of them, what can you state as to comparison of effibetwe*H those of 12 and 60?-A. I should think those of 12 years much better.
cie'iy
\Q. lHow would those of 12 years compare with those of 20 years?-A. Just sm

"

Pedro Villanueva, a native, who was present at the attack on Captain Connell's command at Balangiga, testifies (Record, p. 77) as

follows:
On Saturday at 5 o'clock in the morning, when the officers were sleeping in his
house, onme Filipino soldiers came in; and when the officer saw the Filipinos in his
room he jumped on the staircase, and a fellow like me, lt years old, stuck him with
the point of his bol, and then the officer was dead.
The witness testified that Captain Connell's assailant was a regular
(native) policeman in Ballangiga. Upon being asked:
During the fight-during all the fighting--did you se any other as small as the
policeman who killed Captain Connell?
He replied:
A. Yes, sir; ! saw.:
Qa. About how imany?-A. Ten Filipinos as young am he. I am 15 myself; about
my size.

9
OOURTSMAARTIAL IN THSE PHILIPPINE ISLANDS.
How many did he see smaller than he is'-A, Ten.
Q, Could
Q.
you handle a bolo and fight an American soldier?-A. Yes, sir. I am
strong enough to fight with a ol1o.
upon being asked to " compare the natives of Samnar
Captain Ayer,
with those of Northern Luzon," replied (Record, p. 94):

of
of Samar physically is a very different specimen front the native in
Tlle native
the
he
more
and
Jalpanese
clearly isresembles
IuzoI; he is short and muscular,
due tot heir mounmainouiof
than tany other people I have ever seen. onThis
physique and
the heavy loads which they carry their backs, due to the lack
country,
and honeetyand general material
roads in the island. In the pIxint of intelligen(of Lumon.
the coast line there
makeup he is distinctly inferior to the native but whenAlong
one gets into the interior
is what might well tH. called the average Filipino,
who live there religious fanaticismt, told indifference, and great
among the trilhlw are
in evidence.

personal bravery consplicuouHsy

The methods resorted to by the insurrectionary forces in the conduct of their military operations are fully set forth in the testimony.
The dead were mutilated. This is shown in the evidence of Major
the relief expedition
Combe, surgeon of volunteers, awho accompanied
still burning about
fire
found
nd
who
a
to Balangig
smoldering
,
the head atd face of Captain Connell. (Record, p. 97.) A deep wound
cross the face of Lieutenant Buinpus had been filled with jam, and
one of the enlisted men 'had his abdomen cut open and codfish and
flour had been put in the wound." (Record, p. 97.) The bodies of the
dead were stripped, and that of a sentinel "had been stabbed full of
holes." (Record, p. 38.) No prisoners of war were taken. (Record, pp.
to death. (Lukban's instructions of
34.) Noncombatants were putPoison
33,
1901
(Ibid., June 5,1900,
E.) were notwasused. and
Appendix
February
of
truce
persons travelrespected
F.)
Flags
Appendix
ing under their protection were killed. (Record, p. 55.) The personnel
of the insurrectionary forces was composed in numerous instantles of
males under military age, who were old enough to assist in the military
not sufficiently mature in point of intelligence
operations: but were
to
:and experience correctly apply or even to understand the ruIes of
civilized warfare.
GENERAL SMITHI'S ORDMRS.
General Smith expressly
In the statement which accompanied his
plea
"
burden
himself with prisadmits that he instructed Major Waller nlotto)
so
one'rs of which he, (General Smith, already had many that the efficihim to kill and
that "he wanted
ency of his commandandwashostile
impaired;"
"
of Samar
interior
that
the
burn in the( interior
country;"
"
all
wanted
he
that
and
a
must be made howling wilderness,"
persons
killed who weree capable of bearing arms and were actively employed
in hostilities against the United States," and that he did ' designate the
age limit of 10 years, as boys of that age were actively engaged in
hostilities against the United States authorities and were equally danof more nature age."
geroullsaan enemyofasthethose
Marine
Corps, testifies (Record, p. 7) that he,
Captain Porter,
Captain Porter, was present and heard the instructions given by General Smith to Major Waller at lalangiga " in the latter lprt of October."
After describing the situation General Smith spoke of the Balangiga
affair and said:
We must bring this thing home to these people; that is the only way to put down
the insurrection.

(Record, p. 8.)

10()

tCOUlRTS-MARTIAL

IN

THE PHILIPPIINE ISLANDS.

When asked, " what was to le done with prisoners," he ,sid, "We
want no prisoners," and when asked as to killing and burning, he

replied:

Kill and bunm, kill and bunl. The more you kill and the more you burn the lbtter
you will ,lea1s me.
When asked ta to the meaning conveyed by General Smith's lan-

guage, the witness replied (Record, p. 8):

A. My idea was that the General wanted all insurrectos killed; that is, when
say inulrretos I mean people who were bearing arrns against the Americans,
did you form any understand.
Q. Did he convey any idea to youl on the
ing at the time as to whether he wished you tosubject;
give any quarter to prisoners or not?-

A. I should say not. That was my idea.

As to the matter of giving quarter, Captain Porter's testimony is as

follows (Record, pp. 8-9):
A. I mean that he wanted to give no quarter. When I say that, I would like to
state that I mean give no lqualrter to insurrectos-peo:pllo beaig
armt s.
Q. What was there in his conversation or his manner, in addition to his words,
that enabled you to understand that meaning, to derive that meaning from the
as I say, after his describing the conditions that existed, the treachery of
words?-.-A.
these
their (hlracter, he went on to state in regard to the traps and pits that
people,
were acc('ustomed to setting and, as I say, he said: "We must bring this thing
they
holme t)theseI(eoplei; that is tile only way to put down the insurrectionn" And
from isl anguage and mamner it certainly conveyed that meaning to me.
At a second interview with General Smith, about the 18th of November, this witness testifies (Record, p. 10) thatAt that time the conversation was principally in regard to opening up the interior
an t that time the General sai: "We want no prisonersH "
of the island, anl
Q2. What meaning was conveyed to you at that tile b)y his words, by those
words?-A. By those words I ju(dget that he meant give no quarter to insurrctos.
Q. What circumstances caused you to have that understanding?-A. From the
General's general conversation and his manner.
Lieutenant Day, of the Marine Corps testified that between Noveman
ber 1 aind 10,l 1901, he conveyed orali
message (Record, p. 14) from
General Smith to Major Wairler ' to make the interior of the affected
part of Samtl r a howling wilderness."
Waller testified that ho received instructions from G(eneral
Majorupon)
several occasions, ' at Cattalogan at first, on board the
SIith
Y rk' , afterwards at Balangiga, and then once or. twice aft
Anv
flagship
Tacloban."' In the matter of taking prisoners, Major Waller's testimony (Record, pp. 19, 20, 23) is as follows:
Q. Were there among those instructions any special instnuctions as to the questions
of taking prisoners?-A. General Smith told me that lhe wanted nlo prisoners.
(. Where were these instrluctions given?-A. At Balangiga.
About what timne?-A. I think on the 25th or 26th (f Octol.r of last

Q.
year.
*
*
*
*
*
*
Q. Did you understand that you were not to take prisoners in the field?-A. I
understood that we were not to take prisoners if they were armed. I mean to say,
if they were ol)posed to us in actual hostilities.
Q. Did those instructions govern you during that campaign?-A. Yes; I was governed entirely by them, I say entirely-of course there are instances in every
man's life where hle would have to tb governed by his own judgment.
In the matter of "killing and burning," the same witness testifies

(Record. p). 19):

Q. Were any instructions given at that time relative to the question of killing and
used.
burning?-A. Yes; that expression wa,
Q. What expression do you refer to?--A. "Kill and biur. The more you kill and
the more you brn, tile better yolu will please mre."
*
*
*
*
S*#
*

11

OOUiTwS-MAlTIAL IN T1IE IflILIPPINE ISLANDIS.

Q. What, mentaning wa c(nlvye(d to you by thewe expreFsions that you have testifled to?-A. I underltood that he wanted the insurrection muppresed ans (o)I as
possHible.
moaning that was conveyed to you?-A. That every person
Q. Is that all the be
to, us was to destroyed. I mean in active operations against us.
op(Ix')Od
Q. What do you Iean by 1)eig destroyed?-A. That people opposing is ill the
field wore to be killed.
*

Q. 1Dd lie give you any instructions on the matter of the age of people that were
to be killed? If :o, when and where?--A. Well, at Balangiga first the question ca1me
1u) s toto } killing of tpople-Imean hostiles-andl the outside time to be given. I
asked what/lersHons were to be )pared(: le said all capable of Ixaring arlm should
t se medal to me that these peoi
t te ime that
be killed. Theen I remarlrked to him at
for
an age limit, and he gave the
and
asked
in
their
hands,
p)le were Io)rn ten
instruction of withyears--alll over ten years.
Q(. Wre thilse instrilctiio) given at the time and (during the iame conversation ill
tile matter of killing antd burning instructions were given?l'-A. Yes, Hir
which

boilo

In respect to the giving; of quarter, Major Waller testifies:

did you obtain from this expression ma to the matter of giving
Q. What meaning
le never saild directly to tme that there was to be no quarter given, but
quarter?-A.
he (did say that we need expect no quarter.
question asthat,to
Q, lWhat meaning was conveyed to you by his expression on Itheunlderstoodl
given?---A.l
wilhether or nt hc esirC(l or required quarter to bewould
with the savage enlmny we were dealing with, they
give no qualrer and we
were to give no quarter.
UI)pon being (questioned tas to the ceiculnstancef s ,under which the
instructions in ryes pect to the giving of quarter had b)(en given (Record,
p.

21), Major Watler replied:

the Hite of Balanexamining

Well, the first time it was mentioned we were really
came up, an(d he used
Balangiga-andt this (question
giga--t.c site ofattlho tmassacre of frst
timer; sublsequcl:tly it was ih Tatob)an.
tll eiCxlressiotn txt tile, tle
As to the conduct of operations itl the interior of Salnar the same

witness testified (Record,

p. 23):
Q2, I)i(l you receive any instructions from (General Smith on tlhet (tluetionl of what
WIH to) I(e done in tih interior of Samar?--A, I did, sir.
lQ. Please give thenature of those instructions.-A. Ilis inlltructions were t) leave
tlhe interior o)f SLtmir ia howling wiilderness.
ti(meani l(w did you receive these instructions?'--A. It ws Hsome
,Q About what filt
bably, alout the 20th.
time( in No,v(eml(er, 1901; 1 sh ould say rroba,
(x
As t() tilh ((.(X(ntilO
ti of ()l't Smflith's ilnstructi ons, Caltain Porter
or ( d
t
very
tes(ttified that lie did not s(ec " eitherllive odear
any
y(uth:fuil men or boys." All that leobscrved'' wereof mature years.

(Recotrd, 12p:. or12.)15 Ie( had seen( aboutlt 150 or 175 (deadl itnsul lnts,
hadl
prisoners attasIBalanlig^a.
r's
testimony to the matter of giving quarter is as
Watll
Major
follows (;Record, pp. 24-28):

altl(

Q. You have Htated in your testimony that in active hostilities no quarter was
gi ven. You have alsoC(OUNsl, He stated, lat (lose range,
TheI' ,;l)(":O-AI)vocATr. 'Yes; at close range. Was that in )llursuan(ce f generalal
Siiith's instructions, otr tle laws of war?
A. That was in purHsu1anceof the laws of war.
under
Q. Will you explain to us why that is trader the laws of war?-A. It comes
it iln several linlts. General Orders, No. 100, covers it, For instance, if in actual
give us no quarter, or surrender and then
txlperience we find that certain bands
become treacherous immediately afterwards-and we had that experience several
times-we had a perfect right under the laws of war to shoot anybody belonging to
that band.
instructions to your coimQ. You have stated in your former testimony that your
were thatt no quarter was to be given,-A. My instructions to tthe command
lallud
were that we nelled expect no quarter, as our written orders were.

; COURTS-MARTIAtL IN THE PHILIPPINE ISLANDS.

your oftficrs under you
Q. Did you at any time give any personal instructions totospare.
what
them
I
told
of
people
on the question quarter?-A.
hat meaning were they to derive
ion in th
Q. And what were your
from what you said?-A. That those people who had not surrendered to us were to
be shot just like any other enemy in the field.
Q. And those instructions, were they given by virtue of these instructions that you
received from General Smith?-A, They were largely inspired by them.I mean those
in the island of Samar?-A.
by insirrectos
Q. What do you meanarms
against us or who were openly aiding or abetting the
bearing
actually
x)ople
insurrection.
Q. Whether they had arims or not?-A. They all had arms. Even the women
12

carried arms,
understanding, to Ieveryapply, in your more
Q. Then would the term "' insurrectos"
or les that; think
were
think
I
Samar?-A.
of
island
in
the
they
really
lbody
term to them.
,
you might apply that
in the island
Q. Now, during the military operations in the conduct of hostilities
time?-A. All the
of Samar were the troops under you acting on the offensive at anythem
down.
time; we did it habitually. It Wts the only way we could keep there
which prethen, in the condition of that command been
Q. There was nothing,from
taken?care of prisoners in case they had
vented them absolutely
taking
A, Not up to one time. At one time there was a grave condition. We took them,
If the answers were
all the same-that is, they came in and gave themselves up. locked
them up.
we
were
if
set
were
unsatisfactory,
free;
they
satisfactory,there
they doubt then, or at any time during these conversations
with
any
Q. Was
General Smith, in your mind, as to his meaning?-A. None.
is as you have testified to?-A. Yes.
Q.* And that meaning
*
*
*
*
*
*
I
sir.
or
children?--A.
kill
women
No,
ever
on
Did
expeditions
you
Q.
your
think in one attack there were two children killed, hut that was lXe(use they were
in a fortified place and we had to assault it.
Q. In any of these conversations that you had with General Smith didnot.you gather
the idea that he wanted you to kill women or children?-A. No; I did
il o a (IquesI want to put a suppositiols caet to you to (leart mind
Q. Colonel,seems
of
one
onl
you ran
that
assume
Iet
us
your
cxilitions
which
tion
hazy.
across a sleeping insurrecto outpost with his bolos by his sid(e; would ou lave
yuid
killed lhimR after you got him? IFrom those conversations of 1General Smit, do
believe that General Smith would have wanted him killed?-A. 1 do not think so.
*

you have
Q. TJnder the circumstances, the condition, and the instructions, would
arms
own
felt justified, even at close range, if one of the enemy had threw dwnhis
an ad surrendered, in then and there, under that, condition, giving that lman no
quarter?--A. No, sir. lHe would have been taken prisoner.
In answer to a hypothetical question as to what he would do if he
came I(on a sleeping insurrecto outpost with a bolo by his side,

Major Waller testified that he would take him prisoner. tIxpn being
asked as to whether le understood that the orders forbidding quarter
to be given related to prisoners his reply was:
I dlo not think lhe ever gave me the idea at all that I was to kill prisoners.
Captain Porter, upon being asked (Record, p. 30) whether-Under these instructions of the commanding general of the Sixth 4Setarate
did you authorize or permit any killing that was not demanded by the cirBrigade,
cumtstances that confronted you?-A. No, sir.
Q. You have testified to having been iln several ngagelnents in Samar. Did you
ever chance to be in a so-called bolo rush?-A. No, sir; not in the true sense of tlc
word.
with them, are you not?-A. Perfectly.
Q. But you are familiar
in time does one of those bolo rushes last?-A. There are several
Q. How Ilong
know of and they have only lastle three or four minutes.
c(8es that
n:::ch knowliege as you have of bolo rushes, that it is i
Q. Do ofyou think, from
annihilation on one side or the other?-A. I do, decidedly.
complete
question
whitt(
Q. Do you believe that it would be pomible for either an insurrecto or a orcall
a blo rush to have time to raise a white flag
soldier opposed to each otherIt inwould
be impossible.
for a truce or quarter?-A.

18
OOUBT8s-MARTIAL IN THE PNHLIFPI'E ISAD9.
cse, .Captain. Let us asume that you are acting in the
Q. One suppositions
B Quinapundan,
are attacked with rfles from a height 600
south of arnar, near
you and
the white flag is raised by theinursurround
You
it, advance,
yards away.
killed those insurrecto when you reached the top, provided
have
rectos.livedWouldtoyou
they
up their professions of the white flag?-A. I would not.
Q. D)id you understand that General Smith wished that you should kill insurrecto
in such a position?-A. No, sir.
to a specific inquiry (Record, p. 22): 4Did
in reply
Major Wallerthen,
conduct of hostilities in the island of Samar,
the
in
your command
or
not
give quarter?" replied that, "They did give quarter."
give
When asked to what extent quarter was given, he replied:
when prisoners came in and gave themselves up they were saved, they
Always
at that time. But in the fied, whenever they
not
killed-not
slaughtered,was
wt^'e us we fought until
there nothing else to fight.
opposed
This witness also testified (Record, p. 24) that "in active hostilities,"
that is, " at close range," no quarter was given. In other words, havengaged the enemy, he continued to fire upon him until his resisting
ance was overcome and the enemy was defeated or driven from his
this was done in obedience to General
position. When askedor whether
of the laws of war, he replied
Smith's instructions, the in pursuance
of his command in that regard had
that
conduct
24)
(Record,
p.
been in "pursuance of the laws of war." To the specific question
Under the instructions of the commanding general
24):
(Record,
p.
"U
of the Sixth Separate Brigade, did you authorize or permit any killing
or burning that was not demanded by the circumstances and authorized by the laws of war?" Major Waller replied, ' I did not, sir."
that his command was habitually eating on the
Having testifiedWaller
was asked (Record, p. 26):
Major
offensive,
There was nothing, then, in the condition of that command there which prevented
them absolutely from taking care of prisoners in case they had been taken?
To which liel'pliel:

all
them,were
a grave condition.if thWe took
there was themselves
Atcaine
one time
Not up to onet time.
answers
and
in
gave
tl).
is,
theyset free; if
Hamiti-tlt tlhy were
they were unsatisfactory, we locked theml up.
satisfLactory,
(Record, 1p. 2, )
also testified (Record, p. 27), in reply to a q ustion ill crossH1e
examination as to whether, in any od his expeditions, he had ever killed
woIUOme or children:
No, sir. I think in one attack there were two children killed; but that was
because they were in a fortified place, and we had to assHEult it. (R(lord, p. 27.)
Porter was asked the following question in respect to the
Captain
a
of
use
flag of trlce( (Record, p. 31):
case, Captain. Let us assume that you are acting in the south
supxpositions
near Quinapundanl you are attacked with rifles from a height (6 yards
of O)ne
Salmar,
is raised by the insurrectos;
away; you surrolund it, advance, and the white flagreached
the top, provided they
killed
when
you
those
insurrectos
you have
would
lived up to their professions of the white flag?-A. I would not.
Did you understand that General Smith wished that you should kill insurrectos
(.
sch
ill a position?--A. No, sir.
the

OPERATIONS.
In respect to the taking of human life, it would appear from the testithat none of the enemy were killed except in actual
miony submitted bodies
of insurgents were attacked and the attacks
battle. Armed
CONDUCT OF

14

COUBT8M
uABTIAL IN THE PHILIPPINE ISLANDS.

defeated or dispersed. The compowere persisted in until they were

when they were attacked it is
instant
at
the
these
of
sition to a.ertain.
parties If noncombatants
were present with an armed
imlpossiblo
the enemy, the responsibility for any injury suffered by thell
body ofthe
of the engagement rests, not with the attacking
progress
durnig but wth
the enemy. The mere existence of a state of war is a
party,
from the theater
sufficient notice to noncombatant Ifinhabitants to remove
bodies of
with
armed
of active military operations.
they mingle can
nno
iimunll
is
attack
an
when
they expect
impending,
belligerents
follows.
which
of
the
from
engagement
injury during the progress
ity
The only case in which noncombatants, property speaking, were injured
is set forth inl te testimony of Major Waller (Record, p. 27), who
says that---

I1:wcause they were in a

In ()ion attack there were two children killed, but that was
fortified place and we had to assault it.

from this incident, in which the taking of life was justified by

Apart
the circumstances, the laws of war, in respect to combatants and nonseem to have been followed by M aljor Waller's commlland
combatanIts,
in its military operations in the island of Samar. If boys, under what
civilized States as the military age, form part
is generally
bytheir
accepted
the
of enemy's forces,
youth confers no immunity, and they may
be wounded or killed during the progress of an engagement in which
take part as members of the enemy's combinatant forces. rhe testhey
timony on this point is, however, thatt no ' very youthful Imen or
of matturt e years."
among the dead, allth ''were
boys' were
found
of war, rather than
he
to
conclude
bound
therefore
llaws
amt
1:
the
forces under Major
the instructions of General Smith, controlled
Waller's command in the matter of taking human lite. No natives
were killed except during the progress of engagements with the enemy.
QUARTEt.
The practice of the troops operating in Samar in the matter of givis quito fully set forth in th testimony. The rule on this
ing (qualrterll
stated by Taylor, a recent text writer of authority, who
is
well
subject

says:

when he offers to surrender

when, by

given enemy
Quarter
or other circumstances, ho iH rendlered( inapable of futltre resistance.
woundtl
to be a combant)tant, and fromi that time nlo
combat, ahea ce(a&es
Being placed lorstodetreat
foe,
says Calvo, (cli no:)t HilIcW(e (o01SC(ienctl(
War,
right
tile
olne
himn
now recognized is where a combatant lias c(ollmmitted som1e
The hnH
onlybreach
exctpltion
of the laws of war, as by fighting in his elnel y's uniform or by
flagrant
refusing quarter himself. (Vattel, liv. 1II, ch. 8, eec. 141; Halleck, Ch. VIII, see(.
1, 2; 11all, p. 414.)
The general duty to give quarter, says Halllshould be

an

or

who has
Does not protect an enemy who has personally violated the laws of war,
or of violating those laws in any
of refusing to grant
declared his
done acts which justify
wrwhether the right
manner,
lhas
grave
overor
or
of punislhmenlt which is
be
It
however,
may
reprisals, in the hands
doubteI
the present century
within
has
been
of
a
used
belligerent
placed
be a wholesome
may
in any strictly international war, and, though its existence
break through
and
then
nature
of
whic-h
to
savage
lleck tle
the crust of civilized habit, it is certain that it ought only to bt sparingly exorciwDf
and that any belligerent who availed
provocation,
great and continuous
after
extreme
t
be
, ll h., 8, Hse. 140;
of his powe r wou jludged
with
severity. (Vattel, li c.
see,. 2; Wolsey, i). 228; Taylor, p). 487; Risley, p. 124; Boyd's
VIII,
1ialleck, (hl.
general Orders l(K); Art. X Xl I, league Conference )
Wheaton, sec. 643; par.

quarter
c(.lommander
lnow
instincts human

illt4nltion

thls

()-63W,(

himinlf

0OURTS8MARTIAL IN THE PHILIPPINE ISLANDS.

15

Major Waller's testimony as to the orders in respect to giving quarter

shows that the instructions given to his command were in conformity
to the rules of war, as above stated. Although he was very closely
in regard to the giving of quarter,71 have been unable to
questioned
in any case, in which the individual of the
it
ind that was refused
it
entitled to be regarded as a prisoner of war.
was
claimed
who
enemy
This practice, as evidenced by the testimony, was, in point of fact,
miorle humane than the bare statement of the rule would indicate, for
the enemy habitually gave no quarter, while Major Waller testifies
(Record, 22), in reply to a specific question that he did give quarter,
and adds:
Always when l)risoners came in and gave themselves up, they were saved, they
were not killed-not slaughtered at that time. B3ut in the field, whenever they
opposed us, we fought until there was nothing else to fight.
In this respect, Major Waller's testimony is supported by that of
his subordinates.
In the matter of 'Iburning" or making the interior of Samar I' a
under, which designations the destruction of
howling wildernes,"
in the interior of the island was' referred to in the
enemy's
property
lr by Genellal Smiith, the
oral instructions conveyed to Major Wae
evidence is in siome respects, inconclusive. It appears from the testimain body of the population habitually resided on the
mony thatthetheinterior
of the island, save in the vicinity of the large
seacoast,
very
rivers, being
sparsely populated. (Record, pp. 68 8, 86.) 'hiis
accords with the well-known practice of the people of the Asiatic
of the
e
islands which are Hituated ill thle Tropics. As a (onlsCttlence
pp. 85-80) and of the military operaMassacre at Balangiga (Record,
of the coast population fledl to the
e
tions whillch ensuedt, aI rg numbers
were
constructed by them, and there is
If
habitations
interior.
any
but little evidencell i this regard, they were of the most temporary
character. If those who ilnhalbited( them )llarticipated in tlhe insurrectionary operations, such shelters bCcame, for the time being, barracks
or camps of the enemy, and, as such, were liable to destruction. The
law of war recollizes a right to devastate as a measure of military
necessity. (IHaIl pp. 452, 553 et seq.; Taylor, 482, 483; Halleck, Ch.
XIX, sec. 22; Vattell, Liv. Ill, ch. 9, sees. 167, 172; Manning, p. 1319;
Boyd's Wheaton, secs. 846, 340a; Davis, 304, 305; (4. 0. 100), Ia. 16,
155) 150.) Assuming the existence of a right of devastation, thle right
toi destroy the thatched shelters erected by the enemy in the interior
of Sanimr may be conceded.
it )appears from the record of testimony that General Slith, having
issued a series of written orders regulating the conduct of military
the insurrectionary forces in the island of Samar,
against
operations
did
to
convey Major Waller express instructions
not to burden himself with prisoners, of which he ((Gnerl Smiith) already had so
impaired; * * * to kill and burn
many that the efficiency of his command ** was
* that "the interior of Samar must be
in the interior and hostile country;
made a howling wildernesss, and did further instruct him that he wanted all iptrsons killed who were capable of bearing arms and were actively engaged in hostilities
the United States, and that he did designate tlhe age limit of 10 years, as boys
against
of that age were actively engaged in hostilities against the United States authorities
and were equally dangerous asn
s
enemy as those of more mature age.
As to the necessity for the instructions given, the,riecord(1 discloses
no justification. n1 so far as they were calculated to regulate the con.
duct of Major Waller's ol)erations, they were altogether ullnnece(ssary,
.

16
COUBTl-MABTIAL I THi PHILIPPIEIXSLANDS.
as the laws of war, as embodied in General Orders, No. 1)0, and in the
works of authoritative text writers, coveyed every case which could
In so far as they had operative effect, they were
possibly arise.
the prosecution of the very
and calculated to
misleading which
to
operations
they purported regulate.
As to their propriety and expediency, it can only be said that, given,
as they were, upon the field where a considerable number of United
States troops had been massacred by the enemy, their effect was to
incite revengeful feelings in the minds of those who received them
and to induce them to commit acts of cruelty and harshness in retaliation for the treatment to which our own troops had been subjected,
so to embitter their minds and to give occasion for that "unjust
aiid
and inconsiderate retaliation" which"removes the belligerents further
and further from the mitigating rules of a regular war, and by rapid
leads them nearer to the internecine wars of savages." (Par. 28,
steps
G.(t . 100.)
They were in direct opposition to the requirements of paragraph 60
of the instructions for the government of armies in the field, which
declares it to be "against the usage of modern war fo resolve, in hatred
and revenge, to give no quarter, No body of troops has the right to
declare that it will not give, and therefore will not expect, quarter;"
and the testimony shows that there was no occasion to bring into
th:e qualifying clause of that paragraph, which provides that
operation
cacommander is permitted to direct his troops to give no quarter, in
when his 'wn salvation makes it impossible to encumber
great straits,
himself
with prisoners,"
The refusafof quarter is an act of serious importance, and is determined
upon by the general commander in chief after full consideration
of all the circumstances which seem to call for an exercise of the right
of retaliation-a right which is rarely resorted to in modern war. It
is a power which should never be delegated to subordinates, for the
reason that such a delegation would be calculated to introduce as many
different policies in respect to the refusal of quarter as there were
subordinate commanders, and uniformity of policy throughout
separate
the entire theater of military operations would thus become impossible
of attainment. That the instructions were not executed is due not to
the terms in which they were conveyed by the brigade commander,
but to the good sense of his subordinates, whose better judgment of
the emergency made such execution unnecessary.
The findings of the court are as follows:
Of the specifications, "Guilty, except the words 'meaning thereby that giving of
not desired or required,' and of the excepted words not guilty; and subquarter was
for the words 'capable of tlaring arms' the words 'capable of bearing arnus
stituting
and in actual hostilities against the United States,' and of the excepted words not
and of the sutbtituted words guilty,"
guilty,
Of the charge, "Guilty."
Upon the foregoing findings the following sentence was imposed by
the court:
And the court does therefore sentence him, Brig. Gon, Jacob H Smith, U.S. Army,
to be admonished by the reviewing authority.
The court is thus lenient in view of the undisputed evidence that the accused did
not mean everything that his unexplained language implied; that his subordinates
did not gather such a meaning; and that the orders were never executed in such
sense, notwithstanding the fact that a desperate struggle was being conducted with a
foe.
cruel and

emlbrrass

savage

COURTS-MARTIAL IN THX PRILIPIINE ISLANDS.

17

As the charges wlere (ri'awn tlhe real offense of the accused was not
made the subject of judicial inquiry. The specification alleges that
certain instructions were given by General Smith to his subordinates,
but does not allege that the circumstances under which and the manner in which they were given constituted a military offense, and were
a substantial departure from the laws of war,
As a trial has been had upon the charges as presented, it is recommended that the sentence be confirmed and carried into execution.
Very respectfully, Gk). 3B.
DAVIs, Judy/e."Advoeateo Gmiweral.
'o lof P1rdent, ei ofreommcendaton' of
Order
pr(,mulqafat'() aChwti,
(d co ?s of r(,eort opyof tie qJdAe-Advocate3
of
Sec'retary
i .iW ti
caa.
6,wreral (/H
nn, JPft h 1. S.' Ilfat'ry;
of
MI,'rt LeIt.
t, T rmnth, U(. S.
.Jatie,,
Jir',7st wieut.
Gaujot
]
.
K
Scouts.
ook,
X.'ormai,,
PhMilippine

t/

O/oavvy:

IHEADQUAR.iTlS OF 'THIf ARMY,

ADJUTANT-(GENERIAL' OFF1ICiE,190v.
No. 87.
'a:langtlyn?,, .Ja'y '26,
)
I. Before a general court-martialt which convened at (atbalogan,
Saml P.1,P. pursuant to paragraph 15, Special Ordcrs, No, 102, HeadA Ajllutant-Gmnrals Ofiice, April 80, 1902, and
quartesl' of tlhe drmy
Gen.
Frederick 1). Grant, I. S. Army, was president,
of which Brig'.
S. Army, was
C.
,,
ilt Maj. Harvey
jiidge-a(,lv<^it(
Carbaugh,
and
were
tried-.
arrange(
judge-advocate,
1 M.
M Ed win F. Glenn, 'Fifth t. S. I infantry.
good order anld military
CHAt.Conducl(toftothethle )irejudi(,c ofarticle
.
.*'
of war."
in
violation
siXtv-sec(')ond
discipline,
.'. ln that lMaj. Ilwin F.G(lenn, Fifth U. S. Infantry,
Speccfiea!Utioln.
on duty
being
Twen)ty-fifth U. S.at Infantry)
promotedd from
captain,
of
eblo
the
Igbarras,
p)
comml1anding Unite(d States troops while
of Iloilo island of lPalay, .Philippicne Isllulds, and having in
province
his charge one Tob'eniano Ealdamat, president of the town of Igbarras aforesaid, did unlawfully order, direct, and by his presence and
1an officer and soldier subject to his, the said Glenn's
authority cause
to
execute
luponI him, the said Tobeniano EaIldamaI a method
olllmmandll
of punishllleit (lommonloly known in the Philippine Islands as the
water to be introduced into the mouth
water clue;' that is, (lid cause
of
said
the
stoIIach
hEatldl
tanl
tgailnst his will. This aCt Igbarras,
of
on
or
the
about
27th
lday November, 1.900."
Panaly,
Tlo which charge tan slpc(lticaltion tlthe accused, Maj. Edwin F.
(.1lnn, Fifty U. S. Infantry, plelade(ld as follows:

G(ENEBAIT ORDE!RS,

T'o the specification

, "' N(ot guilty."
To the charlgc, " Not guilty."
FirNmNsr.--Of the specificationi, 'guilty."
Of the charge, "guilty."
SENTENCE. ---Ai(iAd the court does therefore sentence, him, Maj. Edwin
F. Glenn, Fifth U. S. Infantry, "To be suspended from command
for the Iperio(d of one month, and to forfeit the sum of $50 for the
same period." T'le court is thus lenient on account of the circumstances as shown il evidence.
S D-57-2-Vol 15--39

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

i8
2. First Lieut. Julien E. Gaujot, Tenth U. S. Cavalry.
C(IAtE.--" Conduct to the prejudice of good order and military
the sixty-second article of war."
discipline, in violation of that
First Lieut. Julien E. Gaujot Tenth
1..-"lI
S)ec(,,WcatlitmI.
Caxalry, bling on duty commanding a detachment of Unted States
troops stationed at Calbiga, island of Samar, Philippine Islands, and havhis charge one Nicanlor Alcebedo, padre of the pueblo of Basay, of
ing inisland
of Samar, as a prisoner, did unlawfully order, direct, anrl by
said
his presence and authority, cause the soldiers, native scouts, and others
subject to his, the said Gaujot's, command, to execute upon him, the
said Alcebedo, a imethxod of punishment commonly known as the
'water cure;' that is, did cause water to be introduced into the mouth
and stomach of the said Alcebedo against his will. This at Calbiga,

island of Samar, Philippine Islands, on or about the 9th day of

January, 1902."2.--"In that First Liout. Julien E.
Gaujot, Tenth
.speificati,
on duty commanding a detachment of United States
Cavalry,
being
troops stationed at Calbiga, island of Samar, Philippine Islands, and
palre of the pueblo
having in his charge one DonatoasGuimbaolibot,
unlawful lly order,
did
a
island
of
of Balangiga,
Sanar,
prisoner,
the
cause
and
and
his
soldiers, native
direct,
by
presence
authority,
said
the
others
under
and
command, to execute
his,
Guajot's,
scouts, the said
of
a
method
Guimbaolibot,
punishmellt commonly
upon himi,
known in the Philippine Islands as the 'water cure;' that's, did cause
water to be introduced into the mouth and stomach of the said Guimbaolibot against his will. This at Calbiga, island of Samar, Philippine
Islands, on or about the '9th (day of January, 1902."
S)peqf cat;zr (3.--" In that First Lieut. Jilien E. Gaujot, Tenth Cava detachment of United States troops
alry, beingatoni duty comllmandingr
and having
stationed Calbiga, island of Samar, Philippine Islands,
in his charg:re one Jose Di)iaznes, padre pf Calhayog island of Samanr,
Philippine Islands, as a l)risoner, did unlawfully order, direct, and 3b
his presence and author ty cause the soldiers, native scouts, and others
under his, the said Gauj:ot's, command, to execute upon him, the said
Diaznes, a method of punishenlt commonly known in the Philippin
Islands as the 'water culle;' that is, did cause water to be introduced
into the mouth and stomach of the said( I)iaznes against his will. This
at Caltiga, island of Samar, Philippine Islands, on the 9th day of
,Janutary, 1902."
To which charge ind specifications the accused, First Lieut. Julien
E. Gaujot, Tenth IU, S. Cavalry, pleaded as follows:
To the first specification, "(,uilty.'
' Guilty."
To the se ondspecificotion,
'
To the thild specification, Guilty."
the charge, "Guilty."
'To
FIxntIN).---Of the first specification, "Guilty."
Of the second specification, (Guilty."
Of
third

the
specification, :Guilty."
Of the charge, "Guilty."
SE'NTrENac.-And the court does therefore sentence him, First Lieut.
IJulien F. Gaujot, Trenth U. . Cavalsrtt "TIo be suspended frol coinnltlnd for the period of three months, forfeiting$r50 ofonhis plY prl'
:month for the same period." The court is thus lenient account of
,

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

19

the excellent character and valuable services rendered, as shown by

testimonials attached to the record.
3. First Lieut. Norman E. Cook, Philippine Scouts, U. S. Army.

CHARE.-" Manslaughter, in violation of the fifty-eighth article of

In that First Lieut. Norman E. Cook, Philippine
Specsiocatwm.-"'
Scouts, U. S. Army, being on duty with his, the Thirty-fifth Company
of Philippine Scouts, U. S. Amly, at the pueblo of Basey, island of
Samar, P. I., did, in time of war, willfully and unlawfully killJoaquin
Cabanas, president of Basey; Jose Palomino and Petronillo Jacosalem, natives, by ordering and causing a detail of Philippine Scouts,
of Sergrt. Miguel Alli and two privates of the said Thirtyconsisting
fifth Company of Philippine Scouts, to take the said Cabanas, Palomino,
and Jacolasem to the outskirts of the said pueblo of Basey and there
shoot then to death; which said order was then and there carried into
said Cabanas, Palomino, and Jacolasem, and each
execution, and thewith
rifles held in the hands of the detail aforesaid,
of them were shot
of which they, the said Cabanas, Palomino, and Jacolasem, and each
of them, then and there died. This at the pueblo of Basey, island of
Samar, P. I., on or about the 5th day of January, 1902."
To which charge and specification the accused, First Lieut. Norman
E. Cook, P'hilipine Scouts, U. S. Army, pleaded as follows:
war.

To the specification, "Not guilty."

To the charge, " Not guilty."
FINDINO.-Of the specification, "Not guilty."
Of the charge, "Not guilty."
SENTENCE.--And the court does therefore acquit him, First Lieut.
Norman E. Cook, Philippine Scouts, U. S. Army.
II. The records of the proceedings of the general court-martial in
the foregoing cases of Maj. Edwin F. Glenn, Fifth U. S. Infantry;
First Licut.. Julien E. Gaujot, Tenth U. S. Cavalry, and First Lieut.
Noritmttn E. Cook, Philippine Scouts, U. S. Army, having been submitted to the President, the following are his orders thereon:
WrITE HIOUSE Jly
, 2, 1902.
The findings in the (cses of Maj. Edwin F. Glenn, Fifth U. S. Infantry, and First
Lieut.:Julien E. Gaujot Tenth U. S. Cavalry, are approved and the sentences imposed
are contirmled and will ie duly executed,
The pro:ee-ding, finding, and acquittal in the case of First Lieut. Norman E. Cook,
Scouts, are disapproved.
Philippine
THEODOKa ROOSEVELT.
By command of Lieutenant-General Miles. WM. II.
CARTER,
Brigadier- General, U. S. Army, Aeting Aadjutant- General.

WAR

DEPARTMENT,

FWashinlgt(m, Jly 21, 1902.

DEAR MR. PRESImENT: 1 alm sending you by mail to-day the papers
and proceedings in the cases of Maj. Edwin I. Glenn and First Lieut.
E. Gaujot, who were convicted by court-martial of applying the
Jullien
water cure to Filipinos and sentenced to be punished by suspension
and forfeiture of pay, and of First Lieut: Norman E. Cook, of the
Philippinl Scouts, who was tried for killing three Filipinos and

acquitted.

20

COURTS-MARTIAL IN THE PHILRIPPINE ISLANDS.

Tlhe ilemoranda by the Judgc-AdvocateC-(eneral which accompany

the pt),pe'rs show fully the grounds uI)po)n which(
'.I recomm1111end the (coi;tirmation of the sentences in the water-cure cases and disapproval in
the Cook case. I have assuilled that these (ase8s, following immediately afterYyour public expression i1n the Smlith case,require n special
relimark. As the Judge-Advocatc-eenleal ob(serves, if the war were
in progress so that the bearing of the conviction upon future conduct
might be practically important it woull- beantother matter. As it
is, 1 am inclined to think that enough has )(bee said, and that these
cases will naturally tak( their position among the things done in pursuance of what has been said.
You will find in the package at
for your signature in
prepared
the usual form. When you havepaper
of
the
matters, if you Nwill
disposed
return the papers to this Department the necessary orders will be
made.
Very sincerely,
The PI:ESIII)ENT,
()yster Bay, .Long A.a'la1d, .N.

ELI IUi ROOT.

.

WAR i)EPARTMENT,
OFFI"(E OF TIHE ,JUIX:E-ADVOCATE-(E NEIRAL,
'lWt1,Mal'.infm, ,];i.ly .18, 190.
The SECRETARY Of WAR.
SIR: I beg leave to submit the following report upon the record
of trial in the case of Maj. Edwin F. Glenn, Fifth U. S. Infantry.
The court-martial was appointed by3 thel P1'resident in an Executive
order dated April 30, 1902, and met at Catl-balogan, in the island of
Samar, on the 23d of Maty following. The trial was concluded on
May 21, upon which date the court proceeded to other business.
Major Glenn was tried on the following charge and specification

(record, p. 5)):

CHlrAl.--Conduct to the prejudice of good order and military discipline, in violation of the sixty-second article of war.
that Maj. 1Edwin F. Glenn, Fifth U. S. Infantry (promoted from
S)pecification.-In
Twenty-fifth U.S. Infantry), being on duty commanding the United States
captain,while
at the pueblo of Igbarras, province of Iloilo, island of Panay, Philiptroops
pine Islands, and having in his charge one Tobeniano Ealdamla, president of the
town of Igl)arras aforesaid, did unlawfully order, direct, and, by his presence and
cause an officer and soldiers, subject to his the said ( lenn's command, to
authority,
execute upon himl, the said Tobeniano Ealdama, a method
of punishment commonolly
known in the Philippine Islands as the '' water cure; " that is, did <cuse water to te
introduced( into the mouth and stomach of the said Ealdama against his will.
This at Igbarras, Ianay, on or about the 27th day of Novrember, 1900.

The accused pleaded "( Not guilty" to the charge and specification,
but submitted tile following statement, in the nature of an admission
of'fact, in connection with his arraignment:
The defendant is prepared to admit that he is Maj. Edwin F. Glenn, Fifth U. S.
that he was promoted from captain, Twenty-fifth U. S. Infantry; that he
Infantry;
was on duty andI in co(lmandof. United States troops at Igbaras, Iloilo Province,
island of Panay, P. I., and had in his charge one Tobeniano Ealdama, president of
the town of Igharas; that he did order an1d directt, and by his preence and authority
did cause an officer and soldiers subject to his command to execute upon the said
Island as the "water cure"--that is, did cau water to be introduced iltohlt

C(O1RTS-MARTIAL

IN THIE PHILIPPINE

21
the Phililppine
on or about

ISLANDS.

Tofbeniano Ealdlama a method of punishment commonly known in

mouth and stomach( , and that this was at the pueblo of Igbaras, Panay,
November 27, 1900.
I would like to state to the court, in explanation of this plea, the facts and circumstances that brought it about-that brought about this admission. I would state
that a short time Hince the commanding general of the Division of the Philiplpines
called me into his office and said that he had just received a cablegram from the
United States informing him that two enlisted men, now citizens, but formerly of the
Volunteer Infantry, had testified before the United States Senate
Twenty-sixtlhthatU. S.while
in command at Igbaras, Panay, of a, detachment of United
1,
committee
States troops had caused the water cure, so called, to be given to the president of
that town. And the general added that his orders were to prefer charges against rme
and bring me to trial. I do not recollect exactly, )ut I think that ata subsequent
interview a short time afterwards I had a further interview with the commanding
general in which I stated to him that I thought it would be an injustice to me to
send me t the town of San Francisco, in the United States, to be tried there for an
alleged offense committed in the Philippine Islands, for two reasons:
First. Because of the then high state of excitement in the United States upon the
of the so-called water cure and the consequent misunderstanding of what was
subject
meant by that tern, and for the additional reason that any court organized in the
United States from the officers there would be absolutely unprepared to pass upon
question involving so important a point as the action of officers in the field in
any
the Philippine Islands.
This he told me was fair and he would ask for a court here.
The question came up as to whether these two men should brought out, and
remarks to him were, in substance, that I was bitterly opposed to having these
my
men come out on a pleasure jaunt at the expense of the lUnited States Government;
that 1 did not propose to avoid responsibility for anything I: had done, and that I
would admit, as I have admitted here, the facts, but I reserved th right to bring
before the court all the facts by witnesses, so that they might pass on this question
intelligibly. this
question came up between myself and the judge-advocate, and
Subsequently
it was insisted that I should admit the word '"water cure,"' and I have admitted it.
My only reason for objection was that the word " water cure" is not a fixed term in
its meaning.
There will be no attempt to avoid the facts, and we will meet them fairly and
and we will not attempt to avoid or evade any of the testimony given by
squarely,
these two men before the Senate clommiittee,
Question (by the COUrr). Was the word '"unlawfully'' admitted?
Answer (by Major (hlENN), No, sir; it was not admitted.
The JuDmJ)-ADvoCA.':'r. I disavow any such idea as asking or insisting that the
accused should admit anything. I said to hilm-through the channel iln which the
matter was brought to my notice it was necessary to know what action to take-and
I said to him: " What do you intend to admit?" lie took the charge and skpecificathe word unlawfullyy' and he
tion, and with his pencil dre w a parenthesis around
said: "I will admit the full reading except the word( 'unlawfully;'"
Whereupon I wrote a letter to the commanding general. I desire to read that
letter with the in(lorsement upon it and append it to tlhe record.
No objection lbxing interpose(l the judge-advocate then read to the court the letter
and endorsement mentioned, copy of which is hereto annexedi marked "'Exhibit A."
Notwithstanding that endorsement, I insisted upon tlhe native Ealdama being
for the prosecution.
present, and I have hilm here as a witnessread
I would like to have the sten4lmgrapher
the admission to the court.
Major GIENN. There is no questionn about the adtmision of the full reading.
The JuD;nIo-Ar)vocATV,:. Admit whatever you pleas; unless you admit as stated to
insist that thle witnesses hbe brought from tl(he United States.
ime, I must
no desire to avoid what occurred. I do not mean to take
Major GLENN. There is all.
I am not trying to avoid any admission, lbuit the judgeof anything at
advantagewill
remember when my counsel went to him tihe purpose was to avoid
ndvocate
the words "water cure" for the reason I have stated. I have admitted and do admit
in that specification except the word "unlawfully."
everything
The JUDGcJE-ADVOATE. The statement of the accused is perfectly satisfactory to the
judge-advocate. (Record, pp. 5-8).
Tobeniano Ealdama, the native who was subjected to the water cure
was called as a witness for the prosecution
by Major Glenn's
he wais the presidente of the two Igbarthat
and testified (in Spanish)

order,

22

OOURTS8MARTIAL IN THE PHILIPPINE ISLANDS.

ras, il Panay, during a considerable

part of the year 1900, and that
under the supervision of the United States
preXsidente
On the 27th of Novelbler, 1900, M:jor Glenn
military atauthorities.
arrived
Igbarras in command of a detachment of United States
at the convent, and sent for wittroops, establishedThehiswitness
headquarters
ness
was asked where G(enemll
he acted as such

(Ealdana).

Delgado was,

and replied that he was not in the town of Igbarras. He was then
asked t(ecord, pp. 9-12, 20, 25):
Whatdid they 1o to you then?-A. They told me if I did not tell I would be punished.
They told me to take my shirt off, and they tied my arms. The captain and doctor
and lieutenant sat at the table and there were some soldiers in the hall way, They
laid me on my back and had some water with a faucet, and held my arms tight and
proceeded to open my mouth. After they gave me some water for a little while the
doctor told them to stop, and then asked me whereabouts of generall Delgado. I
told them that I did not know where the general was, and they proceeded again
with the water. They gave me water, some through the nose and some through the
mouth. I had shortness of breath and pain in the stomach.
Q. Did( it have any other effect on you?-A. My throat also hurt nme on account
of so much water put through it.
QC. low much water did you take in?-A. Four bottles, alKbt four bottles, as best
I know.
Q. What effect did that have upon you?-A. I had some pain in my throat.
Q. Did you retain this water on your ptomnach?-A. I kept it on my stomach.
Q. I)id any come off of it?-A. Yes, sir; I did vomit some.
Q. What did they (1o with you then?-A. They asked me quite a number of questions and I did not know the answer to them, and the Major said, "All right, let
him up.
Q. What did they co to you then?-A. I went to the table and sat down anll(
waited, andl they administered water to the school-teacher while I was waiting.
Q. Where did you go then?-Q. I went downstairs.

Q. What did they do to you there?-A. They asked me if I was in coninmunication

with the insurrectos. I said that I was not.
Q. What did they do to you then?-A. They said, " You are a liar. Take off your
clothes."
Q. Well, go on.-A. Then I was sleeping. (The interpreter said that lie thought
the witness meant that he was in a recumbent position.) They brought a kind of
syringe.
Q. What did they do with it?-A. Open mv mouth and put water in my mouth.
Q. What kind?-A. Salty.
Q. How mIuch d;id they put in?-A, About one bottle.
What effect did that have?-A. It was very bitter.
Q. Did
it have any other effect?-A. My stomach and throat pain(dl me, and also
Q.
the nose where they passed the salt water through.
(to the interprterer). I)id not he say, " Where the salt water passed
Major (GLENN
I ar morally certain that he did. lle stated that they put the water in
through?"
his mouth. lie was asked if this hurt hinm, and said, '" Yes; as it, l)pa'ed through."
The iNTEIwRHrEri. Hie said that the water hurt his stomach; that lie had pain in
his stomach and throat, and also in his nose from the water having passed through it.

Questions by the JUxOE-ADvocATE (continued):

Q. Ilow long did this continue-how long did they keel up this puinishment?-A.
Ablutt a quarter of an hour.
Q. Why lid they stop?-A. They kept putting the water in, and putting itin, and
me if I was in communication with tlhe itsurrectoH, and afterwards the inter"
asking
preter told me to say yes, that I was in conlmmunication with the insiurrectoes. I did
a the interprtere told mne--I answered yes. I thought that I would die, because I
had pains in nmy stomach. They said, tell about how many you saw-insurrectos.
L told them 2(0, and they said, " No; it's a lie," and gave me more water. I saw
quite a lot of Americans there, and I told them 200. They said it was a lie, and gave
ine more water. Then I said 100. They told me no. Then I said 50, and they told
me no. Then tile captain said, "Very well, let him up."
Q. Did it frighten you?-A. Yes, sir.
Q. Did it have any effect upon your head?-A. Yes, sir.
Q. What was it?-A. My head wahedl from a wound I had from having laid down.

OOURTs3 'ARTIAL

28

IN THE PHILIPPIE ISLANDS.

Q. What were you lying on?--A. I was lying on rocks-.-.on a rock floor.
*

Q. How much time were you given this water upstairs yourself?-A. I took it
about an hour.
The (CORT. I do not believe that he understood that question.
The INTERPRarER. I do not think he did myself.
The question was repeated to the witness.
The judge-advocate added to the question, "' While the water was going into your
m11ouith?
A. I took it alternately about an hour, resting at intervals.
This is what he said: " They gave it to me a little while and then
Major GLBNN.
they talked; then they gave it to me a little while and then they talked, and altogether gave it to me about one hour."
because 1
(, What pains (lid this cause you?-A. My throat and stomach hurt me
ha( water in it.
Q,. Did it hurt you any place else, outside of the stomach and throat?-A. Below
is where my head was hurt.
(. The only pain this gave you was in the throat and stomach?-7A Yes, sir.
Descrihlx the pain in the stomach. What kind of pain was it?--A, The pain I
Q,.
can describe is that it feit distended.
(. Was there anything put in your mouth, any gag, or anything of that sort?-A.
No, sir.
Q. Could you move your head?-A. Yes, sir.
The JuIx-i-ADvoCATH (to the interpreter). I)id lhe not say that thle soldiers held
his head?
The INTERi'RP{TrE. Hlis answer was, ' I could move it, but the soldiers held it."
*

Questions by the CourJT:

(. Were you afraid at any time
I was going to die.
thought
have for
What reason dild

giving you water would kill you?-A. I

Q.
thinking you were going to die?-A. I had pain
you
in my body and I could not breathe; also the bitterness.
Q. Have you been injured in health by the water given you that (lay?-A. I was
sick a week in the prison at Iloilo.
Q. As a result of this water?-A. Yes, sir; because my head ached.
Major, Glenn's testimony as to the character and duration of the
treatmrllt (Record, p. 44), is as follows:
As stated, he was taken to this tank, the spigot of which, to the best of my judgment,
was albou.t 10 inches above the floor, allowing 4 to 6 inches to his face. The water
was turned on in a small stream, so as to drop) on his upper lip. He was told that
he must tell us, Ind that as soon as he gave any sign that he wished to say anything
in any wy, and this was the only
this was stopped. IHe was not abused personally
that was administered to him as I could see. This lasted at this parpunishment
tic(ular
three minutes. I am certain that it could not have lasted
for
place

that

perhaps

for five minutes. Down stairs I am not so certain as to what was used, whether it
was a cup or whether one of those small bulb syringes;
impression is the latter,
anid that the water simply played u pon his lip, as stated above. As soon as lhe indicated that he would talk, he was allowed to do so. I wish to negative most posithat he was upstairs in the convent an hour or anything like an hour; tmy
tively
best recollection is not to exceed fifteen minute all told, if so long.
(Q. Was anything like force used in inserting water into the mouth?-A. Not at all;
it was given exactly as state to you; if hie opened his mouthit was run into his
and if not it simply played upon his upper lip. Hte could move his head
mouth
from right to left.

yIln

As to the effects of the water cure, Major Glenn's testimony (Record,

46) is:
Q. Did the president complain to yourself or:anyone else, so far as you know,
within twelve hours after the water was given, that he was suffering from the effects
of the water?-A. As I stated, we started out according to my best recollection, a
little before 7 o'clock; we rode with the president, who was in front all of the time,
and he was continuously in the saddle except when necessary to dismount to get up
).

24

COURTS-MARTIAL IN TH1E

PHILIPPIINE

ISLANDS.

and we were in a very rought, mountainous country at the time. About 3

places,hack,
steep
we started
about 3 or half past 2, and he rode the whole distance, and I saw

him from that time until we arrived in Iloilo; no complaint was made by him; I
can not recall having seen any evidence of headache, or scratch, or scar on the man.
There was certainly nothing of a serious nature or I. would have seen it. I may (add
that there was a doctor along, and if there had been any comlnlaint I certainly would
have had him attend to it.,
Q. Did he smoke at all?--A. My recollection is that he did smoke; I will state Ills
actions were not different from the ordinary native during the time of my observa.
tion. I did have conversations with the man two or three times-someo little (qlesthe man had all appearances of
tion would come
perfectly normal. I.

ulp-an(d
his coat was taken off to keep it frombeinF
do wish to state that
getting wet,
he was going with ime that (lay.

knowing that

First Sergeant Ayers, of Conimpany M, Sixth Infantry, who

when the wateI r ciure was administered, testified that he
present
out
to establish an outpost (Record, pp. 48, 49), which
sent

was
was

Took me, I guess, about fifteen minutes, fifteen or twenty, and when I came
back Major (lenn, Lieutenant Conger, and Dr. Lyon and the president were in
front of the (door of the convent; I would not be positive which one, but one of the
officers asked this president to show., him where this place, supposed to be the
tile insurgents, 1 do not understand Spanish,
stronghold, I couldheadquarters of said
that he would not do it-he knew nothing
but from what
he
umlhdersitand,
effect. They told him that he would know, and ordered
about it, or words to that
some men, or told some men, to get some water. They got the water, and then some
of the men took ho(ld ofltiis president, took off his coat first, and took hold of himii
nd le was (oWn, I guess-l do not know-a very short time.
and laid him down,
wa umid
down,
had no more than laid himti down and put a qluart of water ini him when he
They
said that ihe would tell all that lie knew. IThey let hill up, and he said that he wanted
his thors, to ride to take hlim to the place they wanted to go. They sent out some
or some man to get his horse. In the ileantife a police' came in from the
police
out$side--one of the Irlen brought him in, caught himi am he was coming into townone of the umen on outpost. The presislente, or one of the natives, from what I could
understand, said that lie was the man that the presidente sent out that morning with
s message to the insurgent headquarters, or had a communications with themri to
inform them that the troops had arrived in Igbaras. Hle said that he wanted to take
this man along Ibecause hie knew the trail, knew where to go. So w(e started out,
the president at that. time as a guide and this police also, We were on the
using
move then until about 1 o'clock, I gue.ss. We got up upon a high rise, over a very
rough country and down in the ravine, or up on the other side; there was a new
house, and this president told some one that that was the cartel he was to show
us. While we were up on this hill we saw some natives on the other hill from us
running, three or four-I don't knowow how many, but I think three or four. One
man in particular,Lieutenant Conger, sent me out with a detachment to either capture him or kill him by shooting, if no other way, as hlie was running away, going
over a hill, To the best of limy recollection there were some shots fired at this native
running away. After 1 got Ii.) totothis hill after this native and could not get him, I
sent men, under the instructions of Lieutenant Conger, down to this new building to
burn it, which they did. After they had burned this )building we came back and
had lunch and remained there a short time and returned to Igbaras. We arrived
at Igbaras about 5 o'clock, I should judge.
With a view to ascOItainieg theeffects of the water cure, by personal

was--the

three ofic('ers of the Medical departmentt

expcielnce of its application,
and one civil ian employee
of
tie
t s ub mi tted
Quartermaster's I )epartmen
c
to treatment, as nearly as possible, like that administeie
V(to Ealdama.
The testimony of Capt. Percy L. Jones, Medical I)epa.'rtment, will be
found on pages 411 and 145 of thei record; that of !ut 11. W.
W. Beal,
Medical Department, at pages 114 and.18'2; that of Lieut. Thomas L.
Rhodes, Medical Department, at page 130, and, that of Martin Geary
at page 105.
The following hypothetical question was put to the medical officers
who voluntarily submitted to the administration of the water culre:
A man in the hands of strangers who are his enemiese, is taken upstairs by them in
a building, divested of a part of his clothing, is placed by them on the floor under the

COTYTRTS-MA RTIAL IN THE PHILIPPINE ISLANDS.

25

faucet of an ironl tank, with his hands, feet, and head hold by them, hiei mIouthl opened
by them, and from the faucet a stream of water is run on his upper lip, which contintes until heatakes al)out three bottles of water of this size [inldi(cating Hsize by gesture]
into his stom:achl against his consent; what would, in your opinion, be the effect of
these conditions on the man (luring and after their happening?

Their answers, which will be found at pages 146, 1127, and 141 of the
were neither responsive nor satisfactory.
on cross-exiamination (Record, pp, 14, 22-24),
Ealdaman
ad(litted,
that he had sent contributtiots of money to the insurrecttionary authorities, but denied that he had furnished either cloth or saddles. In the
matter of being required to act as guide Ealdalma testified as follows

record, respectively

(Record, p. 17):

Q. Was there anything said to you about having to guide the column out that
morning by anyone?-A. I think that the lieutenant or doti.'' told me that they
wanted le asa guide.
(. What time was this, with respect to the time you went upstairtit'
. I was
upstairs at that time. after
Q. Was it before or
you were given this water, as you have stated?--A. do(
not remember whether .1 toll you before or afterwards.
Q. Is it rnot a matter of fact you were told you knew where these people were and
had to guide us out there or be ,punished?-A. I do not remember which one. of the
officers told me, but I was told that.
if you did net guide the column to
Q. Were you told that you would be
if I did not guide themtl good-that if I did
those insurrectos?-A. IHe told mle that punished
not he would kill me. The lieutenant toldl me.
Q. Iid you guide the commtnand?-A. No; I carrie( then to a place l)etween
Tubungan and Igbarras, Barrio Cabaoi. I took them to that place alnd the soldiers
wentt uplon the mountain ani saw nothing. They were shooting without having
s(een the insurrectos. Afterwards they marched back to Iglarras, resting for ta real,
and the other soldiers had been sent to burn the
barrio.

The witness denied that aL building which had been burned by comfor which hle acted as guide (Record, p. 17) was Ia new cuartel;
he al:o denied that he had conducted the troops t tothe place where
the enemy was, if, indeed, there was any force of the enemy iin the
vicinity. Other witnesses testify that the '' cartel' or building was
a new one and was intended for the use of the insurrectionary forces,
and as such was destroyed by the troops. So'(e of tilh al(dmissio0ns
extorted from E1aldama, were
l obviously (]made with a view to terminate the treatment to wlicll was being subjected; (others we're umade
at the suggestion of the intertl)reter and for asimilar purpose.
It is proper to say tht
sutttto the occurrences ,a)ove testified
to, the witness (Tobeniano Ealdaia), was tried by ia mlliitary co lmmission at Iloilo between June 7 and 14, 1901, under the charge o;f '' Being
a war traitor," the specification alleging holding intercourse with the
enemy by means of letters, contributing
g
land food to the insurtmonely,
forces, tnd(d ir(ectilng others, members of said forces, to colrectionary
lect c(ontlibui:tions. Hie was also charged with '" violating the laws of
war " by joining and becoming a captain in the inlsurreci(tionar forces
and recruiting an(d swearing into the Insulrgenlt service themembers
of the local police force of Igbarras. IHe was found guilty of the
otirenses charged and senittenced to (lonfilnement at hard la bor fio teil
to able hil to testify as
years. He was released from confintlemnt ento
a witness in this case.
The accused admitted the facts in connection with the administration
of the water cure, but undertook to show, in defense, that his act was
not unlawful; that is, it was justified by military necessity and was
warranted as a legitimate, exe rcis( of force by tilhe laws
of wal.

nand

hae

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

In support of this deftenseC it was attempted to show that Ealdanma
was a war traitor; that he acted as an officer of the insurgent forces;
that he organized the native police of Igbarra as a apart of such insurgent forces, and he collected contributions of money and supplies for
the insurrectionary cause and transmitted them to their destination.
The order announcing the result of Ealdama's trial by military conmmission, which has already beenmentioned, was introduced in support
of this contention.
26

Considerable testimony was taken to show the methods of the insurin the conduct of their operations. This was given in part by
gents
natives and in part by officers of the Army.
This line of defense, which was resolutely opposed by the judgeadvocate, was admitted and
accepted by the court in determining
the criminal responsibility of the accused. It is a sufficient answer to
it to say that if Ealdama had been believed to be guilty of the ofenses
he should have been tried therefor by a military commission.
chargeldi
In fact, this was done, and it is not easy to see what bearing it has
the offense for which the accused was brought to trial.
upon
As to the defense that the administration of the water cure waswarto examine the cirranted by military necessity, it will be
and to determine
in
the
punishment
attending
question
unistalnces
e and character of the emergency. It appears
from
the facts the
in evidence (Record, p. 9) that Major Glenn desired to learn from
Ealdama-1. Where General Delgado was.
2. Whether Ealdalma was in communication with the insurgents
p. 10).
(Record,
3. The number of insurgents in the vicinity and their location
(Record,
pp. 11, 16).
It would appear that it was also attempted to obtain information as
to past acts of Ealdama in support or furtherance of the objects of
the insurrection. Ealdama and a native policeman were then required
to act as guides for an expedition conducted by Major Glenn against
a camp: of insurgents which was believed to exist in the vicinity of
Theexpedition set out immediately after Ealdama's release
Igbarras.
from the administration of the water cure. An encounter seems to
have taken place with a small force of the enemy and a new cuartel
was discovered and burned. A native policeman, who either yielded
to compulsion or was affected by the treatment accorded to Ealdama,
to have actually guided the command to the place where the
appears
The
are said to have been found and the
destroyed.
insurgents
exist
and
believed
which
was
the
to
emergency
represents
foregoing
of
the
measure
necessity.
the
military
corresponding
indicates
The law governing the case is set forth in paragraph 16, General
Orders, No. 100, which provides that-does not admit of cruelty, that is, the infliction of suffering for
Militaryof necessity
or for revenge, nor of maiming or wounding, except in fight,
suffering
thesake
nor of torture to extort confessions.
The offense of the accused consisted in a resort to torture with a
a confession. The question is, did an emergency exist,
view to extort
so instant and important as to justify the' disobedience of the plain
of General Orders, No. 100 I think not. A rare or
requirements
isolated case can be conceived of in which the movement of an army
or a military operation of importance may
uponinobtaining the
s
of
inhabitant
of
enemy
the capacity
the
an
service
country
unwilling

necessary

nature

cuantel

depend

COUTRTS-MARTIAt IN THr PIHIIPPINE: ISLANDS.

27

of guide; such dlid occur, indeed, during thecivil war. In such a case
a similar resort to force may be justified as a measure of emergency,
but no such case existed in the vicinity of Igharras at the date of the

specifications.

It must be remembered also that the resort to torture is attempted

to be justified, not as an exceptional occurrence, but as the habitual

tlethod of obtaining information from individual insurgents. The

accused took considerable pains to establish the fact that torture was
the usual practice of the Spaniards (Record, pp. 79-84); that it was
by the insurgents (Record, pp. 8a5-97); and that when a
practiced
native was punished by the Americans for refusing to assist them in
their operations against the insurgents he was not subsequently punished by the insurrectionary leaders for giving such assistance (Record,
pp. 85-97). If this be admitted, the accused was attempting to justify
his conduct, not as an act dictated by military necessity, but as a method
of conducting operations.
When looked at from this point of view the defense falls completely,
inasmuch as it is attempted to establish the principle that a belligerent
who is at war with a savage or semicivilized enemy may conduct his
operations in violationa of the rules of civilized war. This no modern
State will admit fo
instant; noit athe rule in the Philippine
Islands. It is proper to observe that the several general -officers who
have exercised chief command in the Philippine Islands have, all of
them, expressly forbidden practices like that of which the accused is
here charged. Theirprincipal subordinates have given similar instructions forbidding a resort to cruelty in the most positive terns. If
Major (:lenn's act was legitimate and if the necessity for a resort to
the water cure was so generally admitted, why were the general officers
upon whose staff he served not made aware of the necessity, and why
were their instructions not taken in the matter? And why, if it was
such a potent agent in the restoration of order, was the administration
of the water cure not regulated in orders or made the subject of official
?
report
The rules respecting the treatment of guerrillas contemplate the
existence of large armies which are annoyed in their operations by the
presence of small guerrilla bands-that is, by the acts of small bodies
of the enemy who are not a part of his combatant forces and who conduct their operations in violation of the rules of war. This was not
the case in the Philippine Islands generally, where there were no large
armies operating against each other as organized bodies. The troops
were operating in detachments against isolated bands or bodies of
insurgents, all of.which were acting as guerrillas and were conducting
their operations in flagrant disregard of the rules of civilized war.
'he, situation thus presented was difficult and to the last degree exasbut it did not relieve the officers and men of the occupying
perating,
forces of their obligation to-adlhere to the rules of war in the efforts
put forth by them with a view to suppress the insurrection and restore
order,
public
The court gave full liberty to the accused in the presentation of his
defense, admitting a mass of testimony which was irrelevant to the issue
as set forth in the cllarges. The ac(lcused was found guilty upon both
charge and specification, and the following sentence was imposed:
To be suspended from command for tlhe period of one month, and to forfeit the
silm of $5) for the same period. Th3e court is tlhus lenient ont account of the circunstances
al shown in evidlen(e.

28
0OURTS-MARTIAL IN THi PHILIPPINE ISLANDS.
Although the accused was tried for but a
administration of
the w:iter-cure-not for habitually resorting single
to it in the conduct of
against the insurrectionary forces-the sentence imposed,
operations
in my opinion, was inadequate to the offense established by the testimonly of the witnesses and the admission of the accused. Thesympathy
of the court seems to have been with the accused throughout the trial;
the feeling of the memlbersin that respect is also indicated by qualifywords which are added tohe tee, ad y t unanimous
ing
recommendation to clemency which is appended to the record.
I am of the opinion that the court upon reconsideration would adhere
to the sentence originally imposed, and it is therefore recommended
that the sentence be confirmed and carried into effect.
Very respectfully.
(GEO. B. DAvis,
J;udqe-Advocate- General.

JULY 19, 1902.

WAIR DEPARTMENT

OFFICE OF TIlE JUIIOE-AI VO(CATE-6ENERAL

}WVa~s/dngfton, July 19,
19,1902.
The SECRETARY OF WAR.
SIR: I beg leave to submit the following report upon the record of
the trial in the case of First Lieut. Julien E. (Gaujot trenth '>'gimenft
of Cavalry, who was tried by a general court-martiai convene: .. by the
President in Execultive orders dated April 30, 1902. The tritl took
at Catbalogan,ma,
Su , P. I., on May 28, :1902, upon the followplace
ing charge and specifications:
CHxARG,.-Conduct to the prejudice of good order and military discipline, in violation of the sixty-second article of war.
Sp)e(fiiction 1.-In that First Lieut. Julien E. (Gaujot, Tenth Cavalry, being on
duty comlltanding a detachment of United States troops stationed at Calbiga, island
of Saniar, P. I., adl having in his charge one Nicanor Alcebedo, padre of the pueblo
of Pasey, of said island of Samar, as a prisoner, did unlawfully order, direct, and, by
his presence and authority, cause the soldiers, native scouts, and others subject to
to execute upon him, the said Alcebedo, a IMethod
his, the said (Gaujot's, commandtt
known

as the water cure; that is, did cause water to lx

of punishment commonly
into the mouth and stomach of the said Alcetedo against his will.
introduced
This at Calbiga, island of Samar, P. I., on or about the 9th day of January! 1902.
'Julien E. Gaujot, Tenth Cavalry, being on
~S)c.wi/icoation --.-na that Firt oflAieut.
Unitied States troops stationed at Calbiga, island
cotnmal:ning
duty
detachnllent
of Samar, P. I,, and having in his charge one Donate Guiimbaolibot, padre of the
pueblo of Balangiga; island of Saimar, as a prisoner, ldid unlawfully order, (lirect,
and by his presence and authority cause the so)(liers, native scouts, and others
under his, the said Gaujot's comr1mand, to execute 1ulpon him, the said G(uilnbaolil)t,
a mllet!hod of lunishmlent commonly known in the Philippine Islands as the ." water
cure "-that s, did cause water to lw introduced into the mouth and stomach of the
said (Guimbaolil)ot against his will.
This at Calbiga, island of Sarnar, Pi. ., on or about the 9th dlay of January, 1902.
that First Lieut. Julien E. G(aujot, Tenth Cavalry,. being onl
S)'ci:fit'in 3,io.--Ina detachment
of United States troops stationed at Calbiga, island
duty c(olmmnanding
of Samar, . 1., and having in his charge one Jose I)ianes, padre of Calbayog, island
of Samar, P. I., as a prisoner, did unlawfully order, direct, and by his presence anl
the soldiers, native scouts, and others under his, the said Gaujot's
authority cause
command, to execute ut)pn him, the said )iaznes, a method of punishment commonly known in the Philippine Islands as the "water cure"-that is, did cause
water to be intr(odu(ed into the mouth and stomach of the said DiaUznes against
his will.
This at Calbiga, island of Samar, IP. I., on the 9th day of January, 1902.

OOURTS-MARTIAL IN THE PHILIPPINNE ISLANDS.

29

The accused pleaded as follows:

To the first specification, 'guilty."
To the second specification, guilty .

To -the third specification, "guilty."

To the charge,'"guilty."

The charges allege the administration of the water cure to one

Nicanor Alcebedo, of Pasey, Samar; to Donate Guimbaolibot, of
Samar, and to Jos(e Diaznes, of Clbayo, Samar, on JanBalangiga,
All the victims were priests, but whether of the regular
1902.
ary 9,
or (secular clergy or ordained assistants does not appear.
No witnesses were called, and the case was subl)mitted by the accusIed
with the following statement:
Mr. President and members of the court: I stand charged before you with having
administered what is known in the Philippines as the "water cure. I have plead
to all the facts as alleged, and while it is not my intention to state anything
guilty
here thatmight be construed
as a denial or evasion of the charges, I desire to )riefly
before thie court the conditions existing during the insurrection on tihe island
place
of Sanmar and the facts in the
so that thel court may more readily determine the
extent of guilt attached to mycaset
actions in the instances recited,
.1 will not attempt to go into details regarding the difficulties encountered in operating against the insurgents in the Philippines, as they are well known to the court;
but particularly on the island of Samar were the obstacles so great and the conditions
that it was nearly impossible to obtain any practical
generally of such a character
the fact that a vigorous, persistent,
and continuous campaign
results,
notwithstanding
was instituted against the insurgents. There were no roads on the island, and generally the trails were rough, ill definedd, and lined with mantraps. I have encountered more than forty of these traps in a stretch of 400 yards, and have had my
soldiers severely wounded by them. The interior of the island is a jungle, difficult
of access, the mountains being high and the swamps impassable, makingg ita wilderness/ almost impenetrable. It was impossible to move troops in any direction from
our cam ps without being seen by the insurgents, who maintained a most complete
system of outposts, sentinels posted on every hill with bamboo horns, who gave
warning of the approach of our troops. We had no friends among the inhabitants.
those living in the garrisoned towns, accepting the protection and benefits of
f!venI
the American forces, were our enemies, who never lost an
opportunity to aid the
insurgents in some manner, giving them information regarding our movements, supplying them with rice, salt, and munitions of war; practically
participating
in attacks on outposts. I know for a fact that the vigilantes,actually
heretofore
sentinels,
were almost entirely composed of the natives--so-called "amigosH"
mentioned,
living in and around the pueblos and barrios under our jurisdiction. It was impossible to obtain reliable information regarding the insurgents from the inhabitants
who are, as a whole, crafty, lying, and treacherous, many of them being fanatical
savages who respect ino laws and whose every instinct is depraved.
The

three native priests to whon I administered the "water cure" were insurgents. I knew them to be such. One of them was from Balangiga. I knew that
they possessed information that would be valuable to the American cause. They
would not give the information voluntarily, and had they done so they would have
been killed bY the insurgents. I yself have captured natives who begged that
I should punish them in order to obtain the information I desired, as this would protect them from the insurrectos. I was forced to extract the information from the
priests by the methods employed. I thought I was actting for the best interests of
the service. I did not coerce
them for my own personal gratification, butIfor the
of obtaining information that would enable us to strike a bloIw at the insurpurpose
rection and to establish and maintain American authority in the island of Samar.
The commendatory letters which are appended to the record were

written by Capt. George L. Byram, Sixth Cavalry, Maj. (gen. Loyd

Army
U. S. and Brigcn. J. I. Sth US Army.
Wheaton,
In tlhe foregoing statement,
Lieutenant Gauot frankly admits his
offelese and seeks to justify his acts by a statement of the circumstances attending their commission.
The findings of the court are im accordance with the plea of the
accused.

80
COURTS-MARTIAL IN THE PHILIPPINE 1SLANDS.
The following .sentence was imposed:
To be suspended from command for tthe ! riod of three months, forfeiting $50 of
his pa per month for the samIt perrixl. T'ic court is thus lInient on account of the
excellent character and valuable services rel.ered, as shown by ttstimonials attac(hed
to the record.
A unanimous recommendation to clemency is appended to the record.
It is recommended that the sentence be confirmed.

Very respectfully,

Geo. B3. )AVIS,

J;udgle-.A dvoate- G.neral.

OFeFIC

OF THE

WAR I)EPAIlTMENT,
J UIXTD -A)VOCATE-(EINERAL,
TfTht',ington,, Jldy 19, 19(2.

The SECRETAtR OF WAR.

SIR: I beg leave to submit the following reporIt inr thl(e: case of First
Lieut. Norman E. Cook, Philippine Scouts, who wa.s tried at Cat)alogan, Sanmar, on May 29-30, 1902, upon the following charge and

specification:

CHAruI I.-Mtanslaughter, in violation of the fifty-eighth article of war.

Specfication 1.-in that First Lieut. Nornan E. Cook, Philippine Scouts, U. S.
on duty with his, the Thirty-fifth, company of Philippine Scouts U. S,
Army, atbeing
of Samar, did, in time of war, willfully and
Army, the pueblo of Basey, island
Basey,of Jose Palomino and Petronillo
unlawfully kill Joaquin Cabanas,and
president aofdetail
Jacolaseml, natives, by ordering causing
Philippine Scouts, consisting
of Sergt. Miguel Alli and two privates of the said Thirty-fifth Company of Philippine
and Jacolasem to the outskirts of the said
Scouts, to take the said Cabanas, Palomino
of Basy and there shoot them to death; which said order was then and there
pueblo
carried into execution, and the said Calanas, Palomino and Jacolascm, and each of
them were shot with rifles held in the hands of the detail aforesaid, of which they,
the said Cabanas, Palomino, and Jacolasem, and each of them, then and there died.
This at the pueblo of Basey, island of Samar, P. I., on or about the 6th day of January, 1902.

The accused pleaded not guilty to both charge and specification.

Maj. Edwin F. Glenn, Fifth Infantry, a witness for the prosecution,
testified that he was present at Basey on January 5, 1902; that the
accused had three prisoners in his charge-Joaquin Cabanas, president
of Basey; Jose Palomino, and one ,Jacosalem; that Lieutenant Cook
had been sent out in command of an expedition of Philippine Scouts to
locate some insurgents near Basey, using the president, as guide. The
witness saw Lieutenant Cook on January 5, while he was waiting to
take the boat, and asked him whether the men who had been sent out
to secure some insurgent papers had returned. The accused replied
that they had not. Soon after Major Glenn heard the accused report
to Lieutenant Boots, of the United States Navy, that some prisoners
had been killed while attempting to escape.
Juana Ocongay, a resident of Basey, testified as an eyewitness to the
named in the specification. They were
shooting of the three nativeswere
and
killed by the scouts. They
kneeling when they were shot
:
were tied so that they could take short steps in walking.
Another' native witness, Ventura Vinas, who watched the bodies of
the dead for two hours (p. 8), testified that Cabnas Conly was tied.
Sergt. Miguel Alli, Thirty-fifth Companyg Philippine Scouts, testified (p. 10) that the shooting of the three prisoners was ordered by

31
THEi PHILIPPINE IS:LANDS.
Lieutenant Cook, and was executed by himself, assisted by two scouts.
His testimony is;
Q. Did you have charge of any prisoners at that time; and if so, what did you do
with them?--A. I was in charge of some, Joaquin Cabanas, Jose Palomino, and
Jacosalem. Espanola shot Joaulin Cabanas, and Flores shot Jose Palomino, and I
shot Jaosalelm.
Q. Where were they when they were shot?-A.. They were .behind the town not
very far from Basey.
(q. What were they doing when you and the others shot them?-A. They were
sent out tolh)
doing no:>thing; we weresentf
by tie liteutelnant to shoH)t them.
outit?-A. Lieutenant Cook.
Q. What lielutenantt
'y
Q. What position were they in whenll you shot themn?-A. Tlhey were united in
this manner indicatinglg.
Q. What do you tean by 'they were united?''-A. They wenr together.
as to standing, kneeling, or lying down when you
Q. What was their position
shot them?-A. When they were shot theywere on their knees.
Q. Tell exactly as to what Lieutenant Ciook told you as to shooting them.-A. I
tell the truth. Lieutenant (look then got ie to take two other soldiers and take
these three prisoners out, take two other Holdiersn out and shoot these prisoners at a
corner of the town.
Q. Where wam Lieutenant Cook when
ll e gave yoll this order?-A. I-e was in our
barracks.
COURTS-MARTIAL IN

Q. When you got the order what did you do?---A. I went afterwards and got two
soldiers, Evalisto Espanola andtl I'lores. Tri,ey were, taking the prisoners out beh ind
the town; I thought they would escape anld so I tied their feet so that they could
walk.
Q. Why did you shoot thein?--A. According to the orders of the lieutenant.
It appears that he had previously told Major Watts that the prisoners
had been killed while attAempting to escape.
Q. What did you tell Cormmandante Watts about their trying to escape?-A. When
I was in Tacloban I told Com)iandante Watts a lie for the sake of my lieutenant,
bult niow that 1 am svswearing, I am telling the truth.
Q. Tell us what you toldCotiandanlte Watts at Taclo)ban.-A. The first time I
told him a lie; I said tlhe three men ran. I did that beH(ause the lieutenant told nme
to. Major 'Watts told me . lniust tell himll the truth, and lie swore ime the second
time and I told him the truth, that they never ran.
The witness' story wvIas not shaken on cross-examination, anld was
s
corroborated by that of E Evaisto
spanola (p. 13) and lsidoro Flores
(p. 15), privattes of the Philippine Scouts, all three agreeing that, in

an investigation conducted by lMajor Watts, they falsely stated that

the prisoners had been killed to prevent their escape. The prosecution here rested.
First Sergt. Urbano Ordinado, Thirty-fifth Company, Philippine
Scouts, a witness for the defense, testified (p. 16) that, on the date of
the killing, he heard a sergeant report to Lieutenant (o:ok that the
prisoners had been killed while attempting to escape, ana that an
'American lieutenant from Baseyt and a naval officer" were near the
lieutenant when the report wast made.
The accused, who testified in his own behalf, gave the following
account of the shooting:
I went down to tell my men to prepare themselves to go aboard the Jfrolic, as we
were to return. After I had told them
il oe f the prisonets-there were three there
at the timre-beckoned to me and told me, after speaking for a moment with another
of the prisoners, that he would get. the lpatprs for which I had asked him a number
of times previously. I askte hi'm
where
were; he indicated the northern side of
the town, giving a general direction, andthey
stated that they could get tile tpaers and
return within half an hour; tllat they were buried tbeeath what he calledfa casacha;
I think it meant a.little house or shll; I am not certain. I spoke to the
first
sergeant, who was then in the room, and asked himt who would be a good man to g

COOURTS-MARTIAL INr THE PHILUP'INE ISLANDS.

32

with these prisoners.- Just then 1, noticed Corporal Alli, and, there being clnsiderable noise in the room, called him to one of the windows where I could get away
partially from the noise, andr told him to tako enough men to properly guard the
three prisoners-at least two-and go to a place which one of them would show himl
and get the papers which hie would produce. Corporal Alii immediately took charge
of the prisoners and went down stairs, I also going down alx)ut the same time. My
instructions to- the corporal were substantially as follows: That he should guard
e very important. Itol(
to
s the
these r'me well and not permit the etescape,
him if they ran to shoot them. I did this because I knew that this man had :been
in the service but at comparatively short time aln had not had a great dleal of experiI ecause sometimes 1
enice. My instructions to himi werellore extlended(l tlthanr that, b
had to repeat myself in different language to make him understand thoroughly,
When I left the building in which te en were quartered, I returned to the convent later. I returned to the quarters again and I do not remember that I again
returned to the convent, but suHperintended the putting off of the men in the sml all
xb.ats. While I was standing near a small dock where boatsl usually land at Batey,
the corporal reported to me with the statatment that the men had tried to escHape
while they were in the woods and l he ad shot one man and the others the other
two. Lieutenant Bootes of the Marine Corps, who then commanilde at Biasey, was
standing near, and, if remember rightly, within a minute I turned and reported to
him that the prisoners, designating them by name, had been killed by my men
whlie trying to escape.
When asked, I"Have you ever stated anything to these witnesses as
1

they should state hen being investigated or when appearing

witnesses," his reply was, "No, sir; I did not." (Page 19.) He
also testified:
Q. ofDid
you or did you not give an order to this sergeant to kill these prisoners or
thern?-A. I did not, except I told the corporal if they tried to escape they
any
were to shoot them.
Q. Is this caution a usual one with you in sending out prisoners with your native
scout.?--A. With new men, yes; ts they very careless about prisoners. (Page 20, )
His testimony in reference to Corporal Alli wasQ. When was Sergt. Miguel Alli promoted from corporal?-A. About three
months
to what
as

are

ago,

Q. Do you know why the sergeant now tells the story different from his first report
to you about the death'of these men?.--A. I do not.
Q. Was )orporal Alli the ranking corporal when he was promoted to a sergeancy?A. He was not. He was about fourth or fifth. About fourth corporal, I think.
Q. Why was Corporal Alli promoted over the other senior corporals?-A. Because
he was more capable. (Page 22. )
The case was submitted by the judge-advocate without remark, and
by the accused with the following statement:
May it please the court, this is the case of the defense. We do not feel that any
words we could say would enable you to arrive at a proper conclusion in this case.
The accused was found not guilty of both charge alnd specification
and acquitted by the court.
The impression made upon my mind by the reading of the record is
that thecase was not fully tried, There may have been reasons for
this which are not disclosed by the record. The difficulty of ascertainfrom ignorant witnesses, through an interpreter, i.s
ing the truth the
by literal translations which are given on pages 12 and
emphasized
16 of the record. Some of the witnesses named were not called, and
upon this point the judge-advocate made the following remarks:
:He would call no more witnesses, for the reason that the others mentioned in the

charges knew nothing of the circumstances leading up to the killing of these men,
and therefore the prosecution here rested. (Page 16.)
And Major Watts, who seems to have conducted a preliminary
investigation, was not on the list of witnesses.

88
The testimony of the three mlen who actually killed the prisoners
was not impeached save by their admitting that they had made contradictory statements out of court. Under ordinary circumstances this
fact, if established, or admitted, would go far to discredit their testiin
theasree
sidetion,
Ill(ony. Bu1t when, as in tr cnderton
that the contradictoryy statements were made under duress, and
saying
the statements so made were calculated to relieve a superior, by whose
from criminal
order.thcy "ar1alleged to have been made,
it was the duty of the court to sift the matter to the responsibility,
bottom. This
does not seem to have been done, and the reasons for not doing it are
OOURTS-MARTIAL

IN

TfiH PHILlPPINE ISLANDS.

not apparent in the record.

t r t ttr the case, and
As it is impossible to reconvene t c tht,
as I am bou: d to assume that the duty imposed upion the members of
the court ''to well and truly try and determine '" the matter before
them( was fully tand conscientlously performedr3, it is recommended that
or

findings, and acquittal be disapproved.

Very respectfully,
B.

the proceedings,

Advocate- Gnc'ral.
Jdie-Ade-(EXo.

GFiNEsRAL O)RT.)1S,
No. 3.

DAvis,

HEAJI UAaRTERS OFrTHIIS ARMY,

ADJUTANT-(G. NERAL'S OFFICE,

Wlidngton,, JCamuary 16, 1903.

Beforlre a general court-martial which convened at Manila, P. I.,
to Special Orders, No. 2, War )Department, Adjutant-Gen)pursuanlt
eral's Office, June 14, 1902, rand of which Brig. Gen. irnm. H. Bisbee,
UJ. S. Army, was president, and Maj. Millard aF.
Waltz, U. S. Infantry,
assistant adjutant-general, was judge advocate, was arraigned and

tried---First Lieut.' Edwin A. hlickman, First U. S. Cavalry.

"Conduct to the prejudice of good order and military
(lCHARGE.-..
inl
of the sixty-second article of war."
discipline, violation
1.
in
First Lieuit. Edwin A. Hickman, First
s2pec.fic(t.own )lmg
..-- on that
[J. S.
duty command ding a detachment of United
States troo()ps operaating in the vicinity of Tayabas, province of Tayabas,
XLuzon1, P. 1., and havLing in his charge oneI)omingo O'Abil, native, of
thetbarriio Masin, pueblo of Tayabas, did unlawfully order, direct, and
by his presence and authority cause the soldiers and others subject to
Hicikman's, command to forcibly size the said O'Abil and
his, the said
immlnerse him several times in water for. the purpose of extorting inforimation from him, the said O'Abil. This at the barrio Masinr, pueblo
of Tayabas, island of JLuzon, P. I., on or about November 25, 1901."
Specjficxation 2. --- inrl that First Lieut. Edwin A. Hickman, First
U. S. Cavalry being on duty commanding a detachment of United
States troops operating in. the vicinity of layabas, province of Tayabas, Luzoni, and having in: his charge one Lebncio Reves, native, of
thle barrio Mtasin, pueblo of Tayabas, did unlawfully order, direct, and
by his presence andauthority cause the soldiers and others subject to
his, the said Hickman's, command to forcibly seize the said Reyes and
immerse him several times in water for the purpose of extorting inforimlation from him, the said Reyes. This it the barrio Masin, pueblo
of Tayabas, island of Luzon, P. 1., on or about November 25, 1901."'

LCavtalltr,

8 D-57-2-- Vol 15--0

84

COURTS-MARTIAL IN THE P'HILIPPINE ISLANDS.

To which the accused pleaded as follows:

To the first specification: He admitted the allegations contained in
the
first specification, except the word "' unlawfullyy" to that word,
4
Not guilty."
To the second specification: lHe admitted the allegations contained
in the second specifiation, except the word "unlawfully;" to that word,
"Not guilty."
To the charge: "Not guilty.".
FxIND[NO.--Of the first specification: 'Guilty, except the word(
unlawfullyly' attaching no criminality thereto, and of the excepted
word, 'not guilty.'"
Of the second specifications: " (Gilty, except the word ' unlawfully,'
attaching no criminality thereto, and( of the excepted word, 'rnot
guilty.'"
Of the charge: "Not guilty."
SENTE:NCE:.- -And the court does therefore acqulit lhi, First Liout.
Edwin A. Hickmlan, First U. S.SCavlry.
In arriving at the finding and acquittal ill this case
the court invites
attention to the abnormall and disgraceful methods of armed resistance to the authority of the United States; the treachery of the
natives generally; the pairamoulnt necessity of obtaitninrg information,
arnd the belief on the part of the accused that in the punishment administered he was within the rules of war anld under the instructions of
military authority.
superior
The record of the l1roceecdings of the general court-martial in the
of F1irst lieut. Edwin A. IHickman, First U. S. (Cavforegoing casebeen
1 submitted to tlhe Ilresident, the following are hiMs
alry,
having
orders thereon:
W ITrr lr
1oUsP, Jontuary 16, 1903.
In the ca(e of Finit Lieot. Edwin A. Hickman, First I. S8.Cavalry, the findings
and acquittal are disapproved.
TH
:ODO)rlF ROOSEVELT.

By command of Lieutenant-(r general Miles:

iAdjutanat- Geer.r/'al,

I. C.C( RBIN,
.Ma.'jeor'- (]em.rtl, U. S. Army.

WAn DE1IPARTMENT,

()FFIC(: (TETHE ,JUIX-AI)VOOATE-GENERAL,

1alinglyton, Sep)tember 17, 1902.
The S(ECTRETARY OF WAR.
SIn: I have the honor to submit, the following review of the case of
First Lieut. Edwin A. Hicikman,Filrst Reginent of Cavalry, who was
tried at Manilla, P. I., by a general court-martial, convened by order(
of the President in ian Executive order dated June 14, 1902.
Lieutenant HIickman was arraigned upon the following charges and

specifications (Record, p. 5):

CHtAR(a.-Conduct to the

go:dl order andmilitary discipline in viola-

prejudice
of war,
tlon of the sixty-sct'!ond article
1.-Il that First Lieut. Edwin A. Hickinan, First U. S Cavalry, being
,Sp)cifi'(atio
on duty oicrianliding a detachment of Unt(L Ste troops operating in the vicinity
of Tayabas, province of Taybasa, luzon, , P. ., iad having in his charg ole
Ioneomingo
O' Ahil, native, ot the barrio MaHin, pueblo of Tayabas, did unlawfully order, direct
and by his presence and authority cause the soldierss alnd others subject to his, the
,

of

385

OOURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

said 11 ickman's, command, to forcibly seize the said O'Abil and immerMe him several
tines in water for the purpose of extorting information from him the said O'Abil.
This at the barrio Masin, pueblo of Tayabas, island of Luzon, P. II, on or about
1901.
November, i25,2,-In
that First Lieut. Edwin A, Hickman, First U. S. Cavalry, being
Specifc..ictm
(yl duty commanding a detachment of United States troops operating in the vicinity
of Tayabai province of Tayabas, Luzon
tP. 1., and having in his charge oCne Leonlcio
direct,
Reyes, native, of the barrio Main, pueblo of Tayam,and(did unlawfully order,
otherH Hubject to his, the
and by his presence and authority cause the soldiers
said Hlickman's, cornmtan(l, to forcibly Heize the said Reyes and immerse himt several
times in water for the purpose of extorting information from himt, the said Reyes.
This at the barrio Masai, pueblo of Tayabas, island of Luzon, P. L., on or about
November 25, 1901.
On the date of arraignment, July 21 1.9)02, the accused wias ill,

being confined to his room by an attack of dengue fever, and his pleas,
which were taken on the following day, were as follows:

To the first speciification: lie admitted the allegations contained in the first specification, except the word ''unlawfully;' tt othat word "'Not guilty."
To the second specification: I-He admitted the allegations contained in tle Hsecond
specification, except the word "unlawfully;" to that wordl Not guilty."
To the charge: 'Not guilty,"

(Record, p. (6.)

IThe( accused having a(tdlittied the co(rretness oftithe facts alleged in

the charges, the judge-advocate announced that the case of the prosecution rested as to the proof of the facts set forth in the specifications,
leaving the question of the lawfulness of the acts charged to the determninratio0n of the court. He submitted, in behalf of the prosecution,
the first andl second paragraphs of General Orders, No, 179, Headquarters :)ivision of the Philippines, dated July 20, 1901. These paracontain a list of the provinces (including Tayabas) which had
graphs
been designated by the Philippine Commissiotn lasl.
all
heinK itn Huch a satisfactory state of pacification and Hufficiently well advanced injurisdetails of civil administration as to warrant passing under the civil executive
diction of the civil governor.
and (lirected that.-.
Wherever municipal police atr
and, except as prescribted in Paragra h
II of this order, all United Statesorganized,
troops at the several camps located within he
territorial limits of the provinces named( abstain from any and all attempts at coercion, control, influence, or interference with the administration of civil affairs.
*

*i

The conduct of the troops should facilitate rather than retard the maintenlanlce of
)order, and all military
persons will by their example show proper respect for civil
administration aind for all civil officers.
*

4*

II. As a rule interference by the military in civil affairs will correspond to the
well-known procedure in the .tUnitedl States.
When unlider aln emergency the civil governor of the IPhilippine Islandls shall make
a request upon thel comaniuling
general of the Division of the Philippines for the
assistance of troops, the latter will be governed by such instructions as they may
rc( eive from these headquarters.
When disturbances bl)yond the control of thil local municipal police arise in remote
namely, in tile provinces of Surigao,
provinces, not within telegra)phic communication,
Mlasbate, Marinduque, anlld Rotmblon, the senior military officer on duty in the province is authorized to render needlful assistance to the civil authority upon written
or telegraphic request of the provincial civil governor.
Ill this connection the attention of all officers is invited to the general regulations
governing suchI' duty as outlined in Article LII, paragraphs 486-491, inclulive, Army
tegulations.
In cases where the assistance of the military arm has been asked fo-r full report of
the fact with attending circumlstancest action taken and result thereof, will be

promptly submitted tbrougl' regular military channels.

36

OCOURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

The following defense was set up by the accused:

1. The conditions of affairs existing in Tayabas at and near the time in questionconditions proving the existence of an organized state of insurrection therein; that
these conditions demandedd stringent Ieaisures, and it will be shown that the miliauthorities of Tayabas, including Lieutenant Hickman, received orders to take
tary
sucth measures.
2. It will be shown that lieutenant 11 ickman, acting under said orders, and later
under further stringent orders, with ai view of securing arnms known to be concealed
in and about that town, incurred the ill will of its inhabitants and the displeasure(
of the governor of the province, which conditions resulted in the bringing of many
false accusations against him, and culminated finally in the present trial.
3. Lastly, the work of this officer toward the pacification of these islands and his
military record will be shown with a view of determining whether or not he is still
entitled to confidence, or whether the seal of disapproval should be put upon his
acts. (Record, p. 9.)

No witnesses were called for the defense, but the accused took the
stand in his own behalf, and ]his narrative appears at pages 10-15 of
the record. In reply to the questions:
State to the court the circumstances that led

you

to make

scout on the

night of

Noveinmler 25, mand all that happened in onnc(ctiion tI herewith.-.Lieutenant Itickianm testified as follows:
About Novemlber 2;3 the same man who gave me information as to.lihe location of
the insurgent, Maj. Crispo Ella, brought me ..word that, Citballos had sent a conmto a certain house in the barrio of Masin to kill a carral.ao for his
missary-sergeant
troops, and prepare an extra feast for himself and his officers, stating that he was to
be there on tlhe night of November 25. It was on this information that I was sent
out by Lieut. Col. Alieln Smith, who was at that time it command of tlih post with
all of thie available men that we could get frornt the garrison of Tayal)as andtlti
of oe others officer besides myself, and
Tayabas constal)ulary. My force consisted four
about forty men of Troop L, First
inspectors of constabulary, and about
Cavalry,
force. I left the town o)f Tayabas about half-past 10 at night and
fifty men oftothat
tebarrio of Masin, which is about eight miles from the town of
proceeded
Tavabas. I sthrrounded tlhe house where it; was definitely stated that (Caballes was,
or bad been, but failed to find him there. I did find three native men in that house,
who,
upon being questioned, refused absolutely to motake any statement whatever as
to the whereabouts of Caballes. ! intended, onhleaving the town of Tayabas, to
follow that man indefinitely, if I could get upon his trail. The guide who first gave
me thle information, and the native lieutenant of police of Tayabas, who is now dead,
and whose confidence I had to a very large extent, insistedth
th the men in this
house had bexen and were in intimate touch with Cabal les and all movements in the
country ont the part of the insurgents. I desired to use these men as
surrounding
to locate that force and bring on an engagement, if possible. They having
guides
refused to talk, I decided to force them, or to ilmpress them as guides, which I did. I
took a detail of soldiers--a:)out four men, as I remember-:-and took them to a spring
where they got their drinking water, uan( had the soldiers take the men by the arms
and legs, and one man at the head to keep thle man from hurting his head upon the
rocks, and simply immersed him in water from two to four times, holding him there
a very short time. each time, with no other purpose than that of scaring and frightening them in order to make them do their duty as guides. I immersed two of these
men in that way; the third rman, and the owner of the house, I did not immerse; I
to tlhe
took him to
as a
lhe
turned him
over

constabuiary and

town

prisoner, because

adl.nitted to the lieutenant of police that a force of the insurgents had passed by there
a short time before, but had taken no steps to report the matter. (Record,
12,
13, 14.)

pp.

Elsewhere, in reply to a question as to the form and amount of force

used, the accused says:

t
They were simple picked up and immersed in the
spring. They were not touched
with a man's filt, gun, foot, or anything else. I had a soldier take hold of each leg
and one take hold of each arm, and one to hold his head to keep it from bumping
on the rocks in the spring. I did it to scare them, and I did scare them. I did it
for no other reason.
Q. You may state whether or not any water was forced into their mouths?-A. It

was not.

OOURTS-MARTIAL IN THE PHILIPPI1NE ISLANDS.

87

Q. State whether or not, within your knowledge, they were struck with guns?-I
know they were not, tlbcause I held the lmens' guns myself, while they were doing
the work, to keep them out of the Iud( and water. (Record, p. 20.)
Replyingl to a question as to what physical effect was produced on

the two men, Abil and Reyes, his reply was:

They were not embarrassed physically in any way, that I couIld see. I placed
them under guard and marched them back to th.e house a(dl up a steel) bamboo
ladder apparently in just as good condition aH when they started out. (Record,
pp. 20, 21,)
In reply to a question by the court as to the nature of the immersion and its duration, Lieutenantt Iicknman testified:
I meant only the head and shoul(delr, to the waist. The spring was an open spring,
and they were probably immersed to the waist, The face was up, and the time was
regulated by the length of time the rmen couldl hold their breath. You could tell by
the way the men were breathing or struggling how long to keep them iln, and then
I had them taken out.
Q. Can't you give an estimate of th length f time unr(lenr those conditions? To
illustrate my question, voluntarily a man might hold his breath a longer time, possible, than he could when held under duress, or forcibly,--A. Well, I should say about
a minute or less.
Q. A minute or less each tilme?-A. Yes, sir. (Record, pp. 28, 29.)
The accused subsequently testified that his estimate of a minute was
too great, and that the actual period of immersion was about nine
seconds. (Record, p. 30.)
When askedt(--Why did you not treat the third man that night the sameia the others? (Record,
p. 14.)

Ilis reply was-lle was a very

man, some sixty or seventy years of age, and wou(l have been
as a guide; and I thought that by taking lim to town as a prisoner
practically useless old

I might be able to get more out of hirm.

(Record, p. 15.)
On Novernbier 20, having received later news that Caballes was in
the vicinity of Mayjayjaty, a town in the province of Lagunat, some 12
miles distant from l ayabas, Lieutenant licknman moved in that direction, returning about Decemhber 8, when he came under the direction
of General Bell, commanding the!Third Separate B.rigade. (O)n November 26 two soldiers of the Eighth Infantry were captured by a portion
of Cabales's command near Tayabas an1 were subsequently killed.
(Record, p. 14.)
It was the contention of the accused, as indicated by his plea and
the outline of what he expected to show by his testimony in defense,
that the force used was necessary to ob)tin information as to the plans
and purposes of the enemy. When asked b) the court-Did you obtain from these men, as a direct result of tlhel punishment that you
administered at that timer any information? If so, what? Tihat
is, did they talk as
a result? .(Record, p. 28.)
His reply was:
Yes, sir; they did.
Q.
Well, what information (lidl you obtain as a result of that?-A. The old man
in a private conversation with the lieutenant of police, mititted that sone armed
men had passed his house the evening or morning before, headed toward Sampaloc,
and the two men, who were ducked first (lenier and
then admitted, confirmed the
statement of the old man. I took tihe word of the native lieutenant of police, who
was my interpreter, that those were troops, an1d went almost immediately back to
to get instructions about the Saamploc( country.
Tayabas
Q. Did you use them in any way as guide?'-A.
Those two? I did not; no, sir.
(Record, p. 28.)

88
COOURTS-MARTIAL IN THE PHILIPPINE ISLANDS.
Lieutenant lickman elsewhere testifies (Record, pp. 12, 13) as to
the military situation in Tayabats and its vicinity on November 25, the
date of the acts alleged in thle specifications. Information in his possession led him to believe that a feast was being prepared for Caballes
and his followers at a house in the barrio of Malsin, about 8 miles
from Tayabas, which was to take place on the night of November 25.
With such force as he was ble to collect, Lieutenant Hicikman
marched to Masin, surrounded the house, and caused it to be searched.
of the search three Ienl
The1 feast (did not take place, but as a resultwere
were found who le had reason to believe
cognizant of Cabltlles's
whereabouts. To two-of them a form of the water cure waste applied;
to the third, who was ove' 70 years of age, the treatment was not
administered. From the man vwho was not subjected( to tle water
that a force of insurgents htad passed
curel an admission was obtainedheaded
toward Samptaloc, anld this statethat way the evening before,
a
of th(e methods used was afterresult
as
but
ment was at first denied,
"o
tv
Lieutenant
other
the
wards admitted by
Htickmlan then returned
to 'lTayabas "'to g(et instruction,, about tle Samlpaloc country." (Rec.
ord, p. 28.) Samnipaloc is a town which lies soell 10 or 12 miles to the
north of Tavabas.
It would appear from the following (question that the operations at
Ciol. Allen SImith, First Cavalry, the
Masin were reported to Lieut.
commanding officer of the accused:
Did you report to lhim the operations of the night of Novemellr 25?--A. I reported
to him the results of mly operations, but mentioned nothing about the smaller details,
such as ilmmersing these two lmen. (Record, 1) 27.)
The resort to measures like those above described with t view to
obtain information being in ep)r'ess violation of the rules of international law its embodied in paragraph 1l(, (.eneral Orders, No. 100,
the existence of a military
officee , 1863, assumed
Adjutant-(General's and
immediate in character as to justify tlhe officer
necessity so urgent
in dliso;bying the plain requirements of an order which w:1as intended
to regulate the conduct of military operations then existing in the
Islands.
Philippine,
Lieutenant Ii(ckmlan testifies that he resorted to the water cure with
a view to force tlhe natives to whom it was adminiistered to act as
guides, but he admits that he desisted from the pursuit of the enellmy
and returned to layabas to obtain information as to ' operations in the
country It is thus apparent that lhe did not emplloy them
Sampaloc
in any capacity or make any immediate use of the information which
had been forcibly extorted from the natives in the manner above
described.
In the course of the trial, certain instructions issued by General
Chaffee to military commranlders in southern Luzon were submitted to
the, court. 'These orders, which relate to operations in the province of
will be found in Appendix No. 19., and their bearing upon
Tayabas,
the case is of sufficient importance to warrant a brief discussion of
their (contents. While such orders are nowhere made the subject of a
by way of justification, and although Lieutenant Hickman makes
plea
the lmattelra subject of express disclaimer in his written statement, the
court Seems to have looked upon them as constituting a part of his
as is indicated by the verbiage of its findings, which will presdefense,
be
ently discu.ussed.
The order in question will be found among the appendixes to the

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

C39

record (Appendix No. 19), but, to dletermiine its force, it cai not he
frl'om the
in par material, that immediately preseparated
c(edd and followed dispatches,
its issue. The following are the telegrams in question.
On November 20 the following telegram
Chaffee:

was

received by General

LUCIBAN, TAYAhAs, Novewmbers0O, 1901- p3. nm.

I)IVISION MILITARY INFORMATION,JManla.:
Returned 2 p. in. from Satpaloc. Col. Perdo Caballes. Lieut. Col. Bernaldo
Marques, Lieut. Col. Sebastian
Rada, Capt. Claudio Yalbuena,
Canso, Maj. Tomas
lieutenants, one of them from Mauban, occupied
Capt. Marces Salazar, and secondNovember
13, with 200 men all armed with rifles,
Sampaloc Wednesday afternoon,
uniformed in khaki, shoes, leggings, and American campaign hats. Officers wearing
khaki louses without shoulller Htraps. Many of the men wearing blue flannel
shirts held parade, afterwards thle officers assembled, called a meeting of the principal men of the town, and declared their intentions to remain under arms till death,
Assured the people of their protection, saying they proposed marHlaling 2,000 troops
in readiness for operations in the dry season month of March, when they would see
to it that the Americans woull leave the country, Expressed intention of assembling
in vicinity of (;unaca for review and inspection, then.ceproceeding to some garrison
on PacifiC coast; stated they expect to receive arms
from Binangonan. Told presidenteto notify coillmmanding oflicelr Lucban and Man ban of their presence in Sampalc(.
Ordered a baille. Marched out Thursday morning toward Mauban, leaving letter
Bernaldo Marqiues,' previously reported. Not heard of since. This informasigned
tion secured through Juhlio Herera, inspector of constabulary, who accompanied.
Bruin returned Lucban with

me.

WRmI(X, Commanding.

On the same day the following telegram was sent by General Chaffee
to the commanding general, Departrment of Southernl Lluzon:
The division commander desires lme to inform you that there is undoubtedly a
force under CaballeH working north from vicinity of Sampaloc between Luimiana and
posts on Northeast Laguna de Bay and the Pacific coast. He desires that these
posts be notified and that the strength and location of this force be determined if
possible.
H ALL, Acting Aldjutant- General.
On the following day (November 21) the dispatch first above cited
was repeated to General Sumner, the following instructions being

atppended:
as

The division commander (directs, no matter what menisurer be aol:pted, information

to the whereabouts of this force must be obtained.
tHALL, A,1 djutant-(General.
On the same day the following instructions were sent by General

Sumner to the commanding officer at Lucena, province of Tayabas:

Send Lieutenant Richmond, with all available men of his troo), toLuce)an, to
for
proceed from that point into the country between there and Mauban
purpose
of(definitely locating the whereabouts of Caballes and his band. He the3
can go any
direction from Iucb:an that he sees fit according to information thatlhemlay receive.
Ift.te country iaimprcticable for
he may leave his horses at Lueclan, to be
cared for by the troops at that post.cavalry,
Obtain guides if possible from Captaitn Wright.
.He is authorized to use any measures lie deemH
rprroper to obtain

information. Wire
he takeH. The following repeated for your information:
'
I'IA
AIQI.A RTEIT 1)ERi'AR'I'M N' (V
P' SOUTHERN
LZON,
"
--- 2.
Miiln,
"COMMANDIN;(, GEN ERAI,, BCtZflagSi:.
de(lartitne' t com"'In compliance with instructions from division Cabal le must
mander directs that informationof the whereabouts ofcommander,
(b obtained, no
matter what measures have to be taken.
how many

men

" WAG N IER,

Aciing A djutat-rltGemeral'

A
DAV,Adjutalnt.-General,

40

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

The telegram signed I"Davis, acting adjutant-general," was the

one seen by Lieutenant Hickman, and is the one to which he alludes
in his testimony, as is indicated by the following extract from the
record:
Q. Had you received, before you administered this punishment, these specific
instructions that have been read in evidence here, that any measures, no matter
what, should be used byto offers to obtain information?-A. No, sir; I had not, That
come me officially.
is, they had notknow
of them? Had you information about them?-A. Yes, sir, I
Q. Did you
have testified to that fact that I had seen that telegram.
Q. Before this occurred?-A. Yes, sir. to?-A. I
do you refer
refer to thl one addressed to
Q. What particular telegram
the commanding officer at Lucena., It came, I think, through brigade headquarters,
signed by the adjutant-general of the briga(ld, C(aptain Davis.
(Q. Who was in commniand( of the brigade at that time?-A. generall Sumner, I
think, sir. I am not positive of that. (Record, ,p. 2. )
It would thus appear that the insurgent forces under Caballes were
extremely active in western Tavabas du ring the month of November,
1901. The department and division colmmalnders lvwere employing the
forces at their disposal with i view to the suppression of the iisurreccoutbreak. They wlere'( inl constant receipt of information ill
tionary
respect to the nioveienits of the insurtgen4 t bands, iand were issuing
orders to mIeet occasions of emergency as they arose antl were reported
case in
by the officers commanlltding the troops in the field. In the
loint Captain Wright seems to have had several reliable sources o(.
information as to C(aaalles's movements, from w which he el)tlailned the
facts which are set forth in his telegram to(General C(ihaTfee of Novellber 20, and he appeared t have ontnoo particulart dificulties
in obtaining it. Some of his information came f rom tihe Imeni)bes of the
fa(ormerl(l mtemlers1)(s
insular police andl some from war traitors, spies,
,
of the insurrectionary forces; soell of it was obtained by the use of
deceit, some, probably, by bribery, anlld some1 )y imnlrsonnlent of
those whom he had reason to believe were possessed of it, an i1rregular and unauthorized proceeding, in view of the fact that the province
of Tayabas was one of those recently placed under (ivil rule, in which
arrests were no lonlgr wflul.
military
It was to these sources of information and the mIeans employed to
obtain it to which General Chattoee doubtless referred when tfie disabove cited was sent to (General Sumner iand other commanders
patch
in southern Luzon. While he would have erred on the side of safety
had his order been couched in language somewhat less general than
was actually used, I can see no occasion for the belief that he intended
to set aside any of the safeguards which are con!tairied in (General
himself and his predceesOrders, No. 100, or in the orders issued by
sors in command in respect toto he conduct of military operations. lTh
order in question was not addressed to LiLeutenant llicknlin,,, and he
had no reason to blcelieve and he does not contend that it 4ltd any application to the operations in which he was employed at the time in the
of Tayabas. The order may therefforee tbe dismisse(l from
vicinity
further consideration, save as it served to strengthen his belief that
the means to which he resorted to obtain information weCre justified
the laws of war.
byLieutenant
in the written defense which was read to the
Hickman,
court by his counsel, says:
Lieutenant Hickman is accused in two specifications of conduct to the prejudiceof
discipline. He is charged with the atrocious crime of
good order and military
unlawfully unmersing two natives several times i water for the purpose of extort-

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

41

ing information fropn thellm. He denliies that it was unlawful, and clailmns, first, contrary to tlhe charge that hlis cond(ilt on this and other occasions has contributed
to the g(oi:od order now existing in Tayabas; second, that fie was justified by
directly
conditions existent at that time, which conditions were known to exist not only
tole himself
but by his superiors, who deemred the gravity of the situation such that
by
they directed him to take stringent measures to accomplish certain results. (RWcord, p. 1, Appendix No. 58.)
The statement concludes as follows:
Scattered widely throughout the islands little detachments of our troops here and
there, often commanded by sergeants, have Htruggled to meet the conditions surrounding them, to (uelel insurrection against the government, and bring peace to the
islands. Isolated, almost cut off fr:on the rest of the world and surrounded by enemlies, officers aid men alike have worked on toward the common goal, each content
when his work received the approbation of his supelriors. And what has been the
result of these individual efforts? The war began February 4, 1899. In the spring
of 1902 pace( reigns throughout the islands, the Moros excepted, and the greater
part of the army is returning home. It is unnecessary to say anything further.
The work of the army stands a refutation of the attacks ma(e upon it, and the
accused haslno cause to lbe ashamed of the part he has taken therein. Ie leaves
lhis case with you. (Record, Appendix No. 58, p. 7.)
The rule of international law which places limitations upon the kind
and amount of force which may be u8sed iL thle prosecution of military
operations is set forth in paragraph 16 of General Orders, No. 100,
Adjutant-General's Oflice, of 1863, which contains the requirement

that-Military necessity does not admit of cruelty- -that is, the infliction of suffering for
the sake of suffering or for revenge-nor of maiming or wounding, except in fight,
nor of torture to extort
It

confessions.
does not admit of the use of poison inl any
nor of the wanton devastation of a district. It admits of reception, but disway,
claims acts of perfidy; and, in general, military necessity does not include any act of
hostility which makes the return to peace unnecessarily difficult.

Having regard to the circumlstanltces attending Lieuteonatitilickman's

extorting information from natives of the town of Masin, I find
it difficult to escape tlhe conclusion that it was not justified by military
necessity; and that there did not exist, at the time of its commission,in
a conditionn of emergency so instant, imperious, and overwhelllingt
its character as to justify the accused in the specific violation of the
requirements of Genera(l Orders, No. :1 00, which was the subject of
charges and specifications.
It is not easy to ascertain the point of view of the accused in this
case, and the same difficulty lhas bt(en experienced in dealing with
similar cases referred to this office for examination . lThere is submitted with the record a considerable body of testimrony-ilnost of it
seems to be to show the methods
documentalt-ry-the
purpose of which
to
the
in the prosecution of military
forces
Lresor>ted by insurrtectionary
The
real and eonsliderahlbl!e :oini.
manifest
operations.
persons.taccused
(ern that th e reviewing authority should be informed of the tacts of
which
where occasionally inflicted utponl individual soldiers of
,larbarity
the
American Army who fell into the hands of the insurgents, and
which were habitually practiced upon such portions of the native
population as manifested ', dispostioion to submit to the sovereign
of the United States.
authority
The laws of war justify the infliction of the death penalty in certain
cases, but forbids the infliction of torture or the imposition of lesser
conceived that cases may arise in wlich force
corporal
penalties.to anIt isindividual
has to be
to obtain information or
Eact in

applied

but in which the taking of his life would defeat the purposeassistance,
for which
the information is sought. "A," for example, ta resident in the

42

COURTS-MARTtAL IN THM' PHILIPPINE ISLANDS.

enemy's country, knows the location of a ford, and is the only person
available who can guide a colilllm of troops to-the, lace of crossing.
If "A" is killed anilmportnuet
movement may be made impossible, and
in such a case the use of so much force as will effectually coerce "A"
to guide the command is justifiable. " B" has concealed a large q1uantity of grain, ands has senlt his servants to a point at some distance from
the line of marchtl, so that he alone knows where the grain can bh
found. 'I'h grain is necessary to enable a command to make a forced
. 'If '"B" is killed no grain is forthcoming, ant here is a case
march,
in which th use of forcetoto comlnpel B" to disclose the place where
the grain is concealed would be justified .
But each case must justify itself by attendant circulllstancl(s of
of sufficient importance to establish a military necessity. In
emergency
the case under examination, Iieutenant Hickman, who was employed
in an operation against the enemy, desired to obtain the assistance of
guides. By at resort to the water cure he learned that a force of the
had beenl in the vicinity of Masin the evening before. Ie does
enemy
not cftlim that the men to whoml the. treatment was administered ever
served himll in that capacity, and as he desisted from the pursuit in order
to return to Talyabas foir instruction he had, for the time), no occatsi:on
for the use of guides to assist him in locating the enemy. In dealing
with a tresacherolus iand deceitful enemy he" found it convenient to
extort information by the use of illicit force, but this does not justify
his resort to torture in the specific case set forth in the charges and1
which was the issue referiedt to the court fol triil.
specifications,
rThe findings of the court were as follows:
Of the first sHpecication, "' ('uilty,"' except the word " unlawfully,'" attaching no
criminality thereto, and of the excepted word " not guilty."
Of the second speification, "'(1filty,"'' except the word( unlawfully,"' attaching no
criminality thereto, and of the excepted word "'not guilty,
Of the charge, "Not guilty," ald the court does, therefore, acquit him, First Aieut.
Edwin A. ickiman, First UJ. S, Cavalry,
In arriving at thA findings and acqulittal in this caea, the court invites attention to
the abnormal and disgraceful methods of armed resistance to the authority of the
United States, tih traie'hery of the natives generally, the paramount necessity of
obtainig information, antd the.belief on the part of the accused that in the Ipuliihiment administered he was within the rules of war and under the instructions of superior military authority. (Recordt, p. 41, 42.)
The case was not vigorously prosecute d and the court allowed their
accusedla very wide latitude in the presentation of his defense, going
so far as to permit the introduction of clearly irrelevant matter relating ttransactions which were foreign to the issue as set forth in the
referred for trial. Its action in aclquittingl the accused amounts,
charges
in substance, to a decision that the use of force in the form and under
the circumstances set forth il tile record is lawful.
In this conclusion the DI.epartment can not, iln my opinion, safely
concur. No modern state, which is i party to international law, canl
either expressly or by a silence which imports consent, a
sanction,
resort to torture with a view to obtain confessions, as an incident, to
its military operations. If it does, where is the line to be drawn
If
V
the " water cure"i' is effective, what shall be the next step Shall the
victims be suspended, head down, over the smoke of a smioulderin fire';
shall he li tightly bound and dropped from a distance of severaL feet;
shall hebe beaten with rods; shall his shins be rubbed with a broolmstick until they bleed'l For all these, and more, have been done
during the Spanish domination in the Philippine Islands and the temptation to revive them, under citrcumstalcnes of sufficient provocation,

OOURTS-MARTIAL IN T11HE PHILIPPINE ISLANDS.

48

may prove too strong to 1).

resisted*l. Again, suppose a native to die

under an unusually vlgolrous administration of the water-cure; " how
is the incident to be explained to tthe saltisfacltion of the American people? But it- seems hardly necyOsaryto pursue the subject further.
T'he United States carl not lffolrd to sanction the addition of torture to
"

the several forms of force which may be legitimately employed in war;

and it is, therefore, recommended that the proceedings, findings, and
acquittal be disapproved.
Lieutenant !ilckman is a young officer of excellent character and
entered the military service sas battalion
IeCMissouri
unllsual 'promise.
the
First
in
Infantry on June 10, 11898. lie was
adjutant
of
the Sixth Missouri Infanttry on July
adjutant
appointed
regimental
and was promoted to be major in that regiment on I)ecember (, of
12,
the same year. Hie was 1mustered out with his regiment on May 10,
1899. lIe was appointed a second lieutenant int the First Cavalry on
April 10, 1899, and was promoted to first lieutenant on February
2, 1901. Since his appoinritment to the ull:lllar Army he has served
constantly in the Philippine Islands and, as evidence of his efficiency,
he is reported to have obtained the surrender of 378 rifles anld revolvers during his service in the province of 'Tayalbas in 1900 andl 1901.
His record as an officer is o)ne of which he has every reason to [be proud.
generall (now C1olonel) Iasbirouck bears testimony to lieutenant
Hickman's excellent work as a major of vvolunteers "in the province of
Pinar del Rio, Cubia, noting especially his abilities as a tactician and
and closes his letter of commendation (Appendix No.
disciplinarilan,"
the
statement
that he regards him
with
i as ne of tlhe best offi
54)
cels in Ilmy brigadee" Simlilar letters we(.re subllitted b)y his lregilimental
commander Co,
( A, . Wells, and(l by Col. L. Ilindmanl, of the.Sixth
Regiment of Infantry, Missouri Volunteers.
The court has so thoroughly committed itself to the view presented
returned to it for
by Lieutenant Iiiclkmanl that, if the recordthatwereit woull
adhere to its
revision, there is every reason to believe
original determination. The return of the Iroceedings for reconsideration is, therefore., not recommenldedl
As civil ordller hit,)sbeen re(stor(ed i the Philippine Islands, and as the
laws of war has ceased to be atpplicatlle, tt is believed that the pu)ublic
interests will be )best served by such a disposition of the c(ase as has
already been recommended d.
Gzo. B. DAVIS,
Very respectfully,
Jwqe.-Adv)ocate- ( general.

In the case of Lieut. J. r . A. )Day, Marine (Corps, no action was

taken by this D)epartntleit.
The court for his trial was convened by Genera. l Chalff(e, and the
and remarllaks on the evidence by the reviewcharges, findings, sentence,
ilng authority will be found ir the following cotpy of ((Gneral Orders,
No. 93, divisionn of the.lhilippilnes, May 7, 19(.02:
GENERALOaIMR)tS, )
IIEAIUAIRTMRS
DI)rvIISION OF
THr-EP.'; HIII[IXPPIN}ES,
No9.93.
tnil,,
1., May 7, 190e.
Before a general court-martial which convened at Manila, Iizal
Province, Luzon, P.). I, pursuant to p)aragral)h 10() Special Orders,
No. 54, Division of the Philippines, Ma1rch 5, 1.90, and of which

44

COURTS-MATTIAL IN THE PHILIPPINE ISLANDS.

Brig. Gen. WilliamlI. Bisbee U. S. Army,

Ienry P. Kingsbury, Third J. S. (Cavalry,

was
was

president, and Maj.

judge-advocate, was

arraigned and tried:

I. Maj. Littleton W. T. Waller, U. S. Marine Corps.
of war."
(CIAnB;.-" Murder, in violation of the fifty-eighth article
ASpecfecationl.-" :In that Maj. Littleton W. r. WNaller, U. S. Marine
being then and there detached for service with the U.inS.tiArmy,
Corps,
me of
States, did,
U.nited
by authority ofandthe President ofandthewith
malice aforethought, mnurfeloniously
war,
willfully
der and kill 11 men, names unknown, natives of the Philinpie Islands,
by ordering and causing his subordinate officer under his command,
John Ilornace Arthur Day, first lieutenant, U. S. Marine Corps, and a
firing taill of enlisted men under his said command, to take out
said 11 men and shoot them to death, which said order was then and
there carried into execution, and said 11 natives, and each of them,
were shot with rifles, from the effects of which they then and there
died."
at Basey, Island of Samar, P. I., on or allout the 20th day of
1902."
January,
PLEA.--l'o the specification, ' Guilty," except the words "willfully
and feloniously and with malice aforethought murder and,;" and to
those words, Not guilty."
To the charge, " Not guilty."
FIN:IINCr.-,--Of the specification " Finds the facts as charged, except
the words 'willfully and feloniously and with malice aforethought, miur-l
der and,' but attach no criminality thereto, and of the excepted words,
not guilty."
Of the charge, Not guilty."
And the court does therefore "acquit him, the said Maj. Littleton
W. T. Waller, U. S. Marine Corps."
In this case justice to the military service of the United States, common fairness to the hapless natives whom the accused, Maj. Littleton
WV. T. Waller, U. . Marine Corpus, sent to their death, and the lneed
that this act, which partook more of unlawful retaliation than a justifial)le act of war, shall not pass into an approved precedent to be followed by any, among the many young officers of the service to-day,
to their discredit, demand that the finding and acquittal shall not niect
with unqualified approval. .In the opinion of the reviewing authority
the evidence is opposed to the finding of the court.
to the facts of record, it appears that the accused, in an
Appealing
a detachment of his command, consisting of 4 officers,
to
lead
attempt
54 enlisted men, 2 guides, and 33 "cargadores" (burden beltarers),
from east to west across the island of Samar, in search of the enemy,
found himself about midway of his course in the heart of an uninhabited and mountainous section, without rations and without medical
attendance, the strength of his men ofreduced in vitality by exposure
to frequent rains, by the hardships the march (over rocky Iedges,
mountainous spurs, and the labor involved in cutting their way through
many otherwise impenetrable jungles.
To turn back or press forwardwas now equally perilous for the
command. Taking 15 of his strongest menl and 1iO argadores with
him, the accused went forward in tlhe hope of securing relief. The
officer left behind in commanlld, with like purpose, turned back upon
the trail, taking 6 men and 6 cargadores, and leaving instructions

"'This

OURTS-MARTIAL IN THE PHILIP'INE ISLANDS.

45

with thie only remaining officer now with the main body to follow.
Both relief parties reached their separate destinations without loss of
life, but the weaker men, left behind, were too far spent to make hopeful progress. Their shoes were worn away, their clothing hung in
tatters, many were stricken with fever, their feet bruised and:I bleeding, their bodies lacerated by thorns, and, adding to their wretchedness,
the leeches which abound attacked and greatly aggravated their
exposed wounds. If any blame attaches for these deplorable results,
so far as they had developed before the return march comrnleenced, it
did not rest with the executed nmen.
Both relief parties exerted themselves to return or send back succor
to their more unfortunate comrades, one party finally succeeding. lhe
survivors, when rescued had been reduced to the verge of death, some
being delirous and all pitiful objects of cotmmniseration, and ten of their
comrades had been left dead or dying along the trail. For two weeks
the survivors had subsisted upon edible roots and fruits, but these were
not abundant, nor, it may .be assumed, were they as nourishing to the
marines as to the natives. To the cry for foodA the cargadores, it is
alleged, did not efficiently respond, and the suspicion arose in the
minds, of the starving men that the cargadores were conlniving at their
destruction, a suspi(ion not warranted by the actual facts as they now
appS(ear of record. it can be understood
suspecting,
why, in their weakened mental
andphysical condition, the men, after their rescue, cried out for the
of the cargadores, to whose failure to obtain sufficient suppunishment
of food they attributed all their sufferings. Their officers, from
plies
their sick beds, v iced the revengeful anger of their men in a tele.
phone
message to the accused, then at Basey, advising that the cargadores be killed. The accused received this Imessage while himself sick
anrd )rostrLate from fever and suffering acute pain of body due to exposure and exertion in behalf of'his men and from mental anguish concerning their long doubtful fate. The cargadores were placed under
guard, sent around by )boat to Basey, and delivered to the accused,
their arrival, without form of trial and upon
the briefest
who, uponexecuted
all against whom the cry of retaliation had been
inquiry,
raised.
With the exception of three who deserted no overt acts were cormmitted by the cargadores; on the contrary, those sent to their death
continued to the last to carry the armsannd( ammunition of the men
after they were no longer able to bear them, and to render in their
impassive way such services as deepens the conviction that without
their assistance many of the marines who now survive would also have
perished.
While the evidence from which the preceding conclusion
flows was not before the accused, who can only rightfully be readily
judged
by what he knew when he issued his fatal order, still it remains true
that it was his imperative duty to have fully informed himself with
respect thereto and also to have confined his action within his undoubted
legitimate powers. lThe execution of individuals and bands of men of
the enemy by summary ineans is authorized by the laws of war and
rests in the discretion of any commanding officer on the spot in certain
urgent cases. As an instance, the laws of war sanction the immediate
killing of ununiformned men, acting singly or in bands, when caught
within the lines in the act of destroying or attempting to destroy

46

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

bridges, railroads, or telegraph lines. These offenses go to the safety

army and to the peril o mighty interests, which brook no appeal.
Other instances of imperative urgency: where the immediate execution
of men for crimes committed in violation of the laws of war might be
cited, but those laws do not sanction, and the spirit of the age will not
suffer that any officer may, upon the dictates of his own will, inflict
death upon helpless prisoners committed to his care. Any other view
looks to the methods of the savage and away from the reasonable
demand of civilized nations that war shall )be prosecuted with the least
cruelty and injustice.
possible
In this instance there was no overwhellling necessity, lno impending
danger, no inperative interests, stand, on the part of the executed
natives no overt acts to justify the s1111ummary course plursted. The
accused was in telephoniic communication with his brigade commander,
but deliberately chose not to consult him regarding his contemplated
action. Rather than forego the execution of his unllrestrained will, he
um.ied the power that the laws of war, as nIodified by tihe military
tw:
laws of the United States and the (.lstoms oftthe service, confer only
upon a commanding general in time of war and on the field of military
operations. The necessityy and wisdom of this reservation in tha law
is clearly exemlplifiied in this case.
In view of the foregoing, and giving hleed to the combination of
influences which affected the mental attitude of the accused, so much
of the fiddling upon the specification and charge as finds him not guilty
of murder is approved.
After careful consideration of the evidence the reviewing authority
is, however, at a loss to understand( why the court did ntot find a minor
included offense, and being of the opinllin that there has been a miscarriage of justice in this case, the finding, with the exception noted,
and the acquittal as it appears of record, are disapproved.
Orders have heretofore been given for the release of Major Waller
from arrest and his restoration to duty.
II. First Lieut. John Horace Arthir DI)ay, U. S. Marine Corps.
C(:HAjRE.-'" Murder, in violation of tile fifty-eighlth article of warl."
Specicattion ..-- 'In that John HIorace Arthur I)ay, first lieutenant,
of an

U. S. Marline Corps, being by authority of the )'resident of the

United States, then and there detached for service with the U. S.
and feloniously and with malice
Army did, in time of war, willfully
a
murder and kill native of the Philippine Islands,
aforethought,
name unknown, by ordering and causing a detail of enlisted men, then
under his conluandt, to shoot said native to death with rifles, Which
order was then anti there carried into execution, in the presence of
said Lieut. John I:orace Arthur Day, and under' his direction, and by
the said John Horace Arthur Day personally shooting with a revolver
the said native, from the effects of which said native then and there
died."
''This at Basey, Samar, P. I. on )or aboutt the 19th day of January,
1902.":
that John Horace Arthur Day, first lieutenSc'/fitcatltWion 2.L--In
and there, by authority of the
Corps, being then
ant, U. S. ofMarine
President the United States, detached for service with the U. S.
Army, did, in time of war, willfully tand feloniously and with manilice
aforethought, murder and kill ten natives of:the IPhilippinli Islands,

COURTS-MARTIAL

IN THE PHILIPPINE ISLANDS.

47

whose names are unknown, by ordering and causing a detail of enlisted

men, then under his command, to shoot to death said ten natives with
rifles, which said order was then andl there carried into execution in
the presence of said Lieut. John Horace Arthlrr DI)ay, from the effects
of said shooting of said detail the ten natives aforesaid, and eac/h of
them, then and there died."
l'This at lasery, P. I., on or about the 20th daYy of January, 1902."
the first specitication, 'Not guilty."
llEA.
..-T.o
1To the second sl)ecificatiol, ' Not guilty."
To the collar e, "Not guilty."
FNmNll .---)f the first specification, Not guilty.
Of the second specification, "Not guilty."
Of the charge, "'Not guilty."
And the coult doces therefore '"ac(lqit hlill,IF'irst Lieut. John Iorace
Arthur DIay, U. S. Marine Corps."
In the forgoing case of First Lieut. John Horace Arthur :l)ay,
U. S. Marine CoIrp's, it is not dellied by tih accused that he was perthe execution of certain natives,
sonally presentt and superinten(lied
less
in
rone---.and1 in the manner and form as
)pisoners, henumbrercharged; and contended and showed that he executed these men in
obedience to the orders of his immediate commanding officer.
lThe accused well knew that his cormmlanding officer had for a period
of three weeks or more been under a test of mental and physical endurance such as few men are called upon to undergo; that he had led a
small detachment of marines, with guides and cargadores bearing sup)1lies, into a practically unknown, uninhabited, an(l trackless region,
had been compelled to go forward to secure relief for a part of his
let )iind in the mountains in desperate need of assistance;
detatchmntleft
that after great hardships he had succeleded(f.i reichin g Basey and
from there had made a vrain endeavor to relieve hiis endangered men.
t1he t rail where he had left them, he was
Failing to find them along
( ullsted, to
again compelled to return, mentally distressed ad( muchexa
Iive days thereafter he received telephonic notice of the rescue; of the survivors and the death of mIany of the missing detachment,
accusation against the carga(dores that, through
accompanied withwasthedue
the distressed condition of the survivors and
tllhil t,
eachery,
the death of their comrades.
When this information (reached the commanding officer, haewas sick
with fever, his temperature at the danger point of 105, his body
swathed in bandages because of numerous painful sores due to his
expOsu'(re and Iprivations. On the next day the cargadores, now in
arrest, arrived by sea at Basey, in charge of a sergeant of marines,
who waLs cIharged with rep ting the iort of the telephone message
received at tasey the day before, whereupon, without form of trial,
the order was issued for their immediate execution.
The accused was the adjutant the only officer not sick and on duty,
stand piiesulled to be in full possession of all his faculties. Instead of
counseling delay and resortlng to the customary and lawful forms of
trial and punishment, as was his plain duty, he seconlded the resolve
of his commanding officer and with alacrity executed his orders.
IThe evidence bearing upon the first specification is to the effect that
thte executed malln was an emissary and spy of the insurgent forces
known to )be in the vicinity of Basey, and that in personally shooting
himh, as in said specification alleged, the accused was actuated by a

lBasey.

48
aOURTS-MARTIAL IN THE PHILIPPINE ISLANDS.
desire to end his sufferings, due to a failure of the volley of the, firing
party detailed for his execution to cause death quickly. The finding
on this specification is approved.
Whether the court was actuated by the conviction that the circumstances justified the execution of the accused man, as alleged inl the
second specification, or, disregarding this feature of the case, believed
that the accused was lawfully bound to obey the order of his comranding officer to execute them,l must be left for inference.
While fully conceding the grave responsibility assumed by any subordinate officer in willfully disobeying an order of his commanding
the weighty reasons related, and which the accused knew
officer,sostill
tainted
the order lhe too readily obeyed with illegality that it
well,
should have prompted him to a positive disobedience of the same.
An officer must not only be conscientiously regardful of the unquestioted legality of his agency in taking the lives of his fellow-men, but
above 1and beyond all personal considerations he must guard the good
name and honor of his country. Had he been actuated by such high
considerations the accused( cotldl have aquitted himself of all responsimost regretable incibility for, and probably prevented, one ofof the
the
United States.
of
the
service
dents in the annals
military
the
to
its
the
second
specification court, in the opinion of
By finding
the reviewing authority, has overlooked the higher principles of
military law aind the law martial, which have in this case been grossly
violated.
The finding to this specification and to the charge is therefore disap)proved.
Orders have heretofore been given for the release of Lieutelnant
Day from arrest and his restoration to duty.
rBy command of Major-General Chaffee:
W. P.

iAslistanlt

HIALL,

Adjnutant- General.

GENERAL ORDERS,
IHEADQUARTERS OrF' TIlE ARMY,
ADJUTAN T-(EINE
RAI8 . OFFICEE
Wsh/,intgm, .Pef)r'tary 6, .1902.
No. 1'2.
)
Before a general court-martial which convened at Mlanila, P. I., plrsuant to Special Orders, No. 173, Iepartment of SouthernJLuIon,
June 22, W901o, and of which Lieut. Col. Louis II. Tucker, Sixth (avaltr was president, and Capt. Palmer E. PIierce, Thirteenth Infantry,
was judge-advocate, was arraigned and tried--.
First Lieut. Preston Brown, Second U. S. Infantry.
CHARGE.-" Murder in violation of the fifty-eighth article of war."
Sipe(ifi.catwn.h.-" In thlt first Liet. Preston Brown, Second Infalntry, did willfully, feloniously, and with malice aforethought murder
and kill by shooting with a pistol an unarmed, unresisting, native
Filipino, name liuknown, a prisoner of war in his (charge, and as a result
of said shooting the native did then and there die. This at:a time of
insurrection in the Philippine sla4nds, under the military government
Infanta Province, Luzon,
of the United Statesa:t o near
P. I., on or about December 22, 1900.

Bilnangloan,

COURTS-MARTIAL IN THE PHILIPPINE: ISLANDS.

49

To which charge and specification the accused, First Licut. Preston

)leaded as follows:
Brown, Second U. S. Infantry,
To the specification, 'Not gutlfty.
To the charge, ' Not guilty*.
FINDINo.- Of the specification, guiltyy, except the worlds ' feloniously and with malice aforethought murder and,' and of the excepted
not guilty."
woZrs
Of the charge, "Guilty, except the word 'murder,' substituting
therefore the word manslaughter; of the excepted word not guilty and
of the substituted word guilty."
SENTENCE.-Alnd the court does therefore sentence him, First Licut.
Preston Brown, Second U. S. Infantry, "To be dismissed from the
service of the United States and then to be confined at hard labor in
such United States penitentiary as the reviewing authority may direct
for the period of five years."
The record of the proceedings of the general court-lnrtial in the
case of First Lieut. 1 reston Brown, Second U. S. lInfantry,
foregoing
been
submitted to the President, the following are his orders
having

thereon:

WHITEHIOUSE, JanuaZr 27,

l1i 1)2,
So miuch of the sentence in tbis caSe as imposes ilnprisonlnelt is disapproved, and
so mlucti of the s(elten(ce as imposes disnlissal is confirmed a(nd colmmlted to a redlction of 30 files in lineal rank on the list of first lieutenants of infantry and a forfeiture of one-half of the officer's monthly pay for a period of nine months.
THEODOREi ROOsMEVLur.

By direction of the Secretary of War, First .LieUt. Preston Brown,

Second U. S. Infantry, will be released from arrest and restored to
duty. command of Lieutenant-General Miles:
By
H.C.C.C)IOBIN,
or- G
7L ,.: A irmy.
A.YoAdjluta.n t- (G .,era .Mel,
.

WAR )DE'ARTMENT,

()OFF'ICI.: 'OiE: IUDGE-AI)VoCAT'rE-(; NERAiL,

E

VI:.dsfikgton.f,

October 122,1901.

I[Tnitde St.ates. v. l'refo,ll Brown, lirst liutm(ll t, Selond Infalntry, Court-nmlrtital 202.]
The SECRETARY OF WAR.
(Through the Lieutenant-General.)
SIR: Defendant was tried at the headquarters of the Department of
Southern Luzon, Manila, P. I., in July, 1901, upon the following
charge e:
of the fifty-eighth article of war.
CHiARGJ.-Murder, in violation ut.
First
Lie
that
Prleston Brown, Second Infantry,
:Speoificatn.-I-n
did willfully, feloniously,, and with malice aforethought murderr and

kill by shooting with a pistol an unarmed, unresisting, nattive Fili.

name unknown, a prisoner of war in his charge, and as a result
pino,
of said shooting the native did then and there die.
This at a time of insurrection in the Philippine Islands, under the
military governor of the United States at or near Binangonan, Infanta
Province, Luzon, P. I., on or about December 22, 1900,
: D-57-2--Vol 15--41

50
COURT$-MARTIAL IN THE PHILIPPINE ISLANDS.
The trial' resulted in a finding of guilty of the specification, except
of the words "feloniously and with malice aforethought murder and,"
and of the excepted words not guilty; of the charge guilty, except
the word murderer" substituting therefore (?) the word '"manslaughter; of the excepted word not guilty and of the substituted
word guilty.
It appears that a party of tJ enlisted men of F Company, Second
Infantry, started out from their station at Binangonan to buy chickens
and eggs for a (Christmas dinner. While crossing the Agoos River, a
mlile 'Iom town, they were fired upon from the opposite bank. The
troops in town, Companies F and G, hurried toward the sound of the
The current of the river, swollen by recent rains, was
firing.
from 4 to 6 miles an hour, sweeping toward the fartherrunning
shore,
where it had cut into the bank, upon which some bushes were growing.
When Lieutenant Brown reached the river he poured several volleys
into the opposite bank, receiving no fire in return, and then started
across. One of his men, Private Weidner, was carried downstream
by the current, swept close to the bushes on the farther bank, and
drowned. A native of middle age, clad only in a breechclout, was
brought to Lieutenant Brown shortly after he had crossed by a soldier,
who found hinm crouching in the bushes past which Weidner had been
swept. Lieutenant Brown questioned this native as to the whereabouts of the insurgents, speaking
both in Spanish and Tagalo, but
could get no answer beyond " no sabe." cIknocked the native down,
and very shortly afterwards shot him in the back of the head as the
man was moving away, killing him instantly. A large numtinr of
soldiers and one other officer, Lieutenant McCook, were standing near
the principals to the tragedy. rhe soldiers immediately afterwards
moved on, away fror tihe river, in skirmish formation.
Twenty-tlhree eyewitnesses of the occurrence were sworn as witnesses, and all agree as to the facts stated above. Their points of disagreemen'llt are given in the following r&Hluml.
WITNESSES FOR( THE 'PROSEC(UTION:)N

.Private Johnl Walker, C(ompany &X, Second Infantry:

Parties of men were called for to go across the river, and they proceeded to crFJs
right there. After we got over I looked back and saw Weidner drifting down the
river, tossed about in every direction. I saw a Filpino sitting there, all Irawn up,
on the edge of the bank close to the water, shivering, and I took him by the neck
and pushed him in the water and motioned for him to go on down the river. fHe
started in the water toward the drowning man. This Filipino seemed kind of old,
1had one eye out, had( a fish i,
him, no arms of any kind that I aw. Wei:dner
bank at this place; may have been closer or may
canmewithin 5 or 10 feet of the vhitth
have leen farther away. I did not see the Filipino get anywhere near Weidner. I
saw this Filipino brought up to Lieutenant Brown by men of F Compauy. Threy
said he saw w*herWeid
drowned and wouldn't tell (p. 8). I said, "'Tle man tried
W nedrr
to help ml save
aW\eidner"
(p. 17). Lieutenant Brown said he'd teach that damned
black son-of-a-bitch, "I'll fix him.'" So lie went over and( commenced talking to
him in Spanimh. lie got down on his knees and crossed his harndl over his breast.
Lieutenant Brown kicked him, and the Filipino went back on his back and elbow.
Then he got up and said something, anld lieutenant
Brown struck him with a pistol
head and kind o' turned round and started away. The Filipino turned
across themay
have made one or two Steps. I didn't ^*e him take more than that.
around; Brown
may have gone 5 feet, turned around afterwards, and shot the
Lieutenant
Filipino. The Filipino did not make any effort to es'lxa (p. 4).

COURTSMARTIAL :IN THE PHILIPPINE ISLANDS.

Private

51

Harry W. IHannon, Company G:

The native was taken in front of Li(eutenant Brown. I don't remernber that there
was any particular report made, except that lie was standing where Weidner was last
seen. lieutenantt Brown asked him if he was an insurrecto, and le answered that
he was not, and .Lieutenant Brown spoke some angry words and said hte was a liar,
and the old man knelt down, and the lieutenantkicked him in thel)reast. He
regained his feet and the lieutenant ordered him away. When he started away, some
one in the crowd said that lie could ha savesavd Veidner'H life if hle had tried, and
then Lieutenant Brown drew his pistol all fired at him. He struck him with tlhe
barrel of his pistol when lhe ordered himr away. lie told himi to vamoose-nmotioned
with his hand that way [indicating] to vamoose. The native started away-I should
think he was walking-only na(le about two or three stei)p when lie was fired at.
The lieutenant simply fired on him after the statement had )been made that he could
have saved Weidner if lie had tried. I was 10 to 14 feet from Lieutenant Brown

(p. 23).
Private Forest Walker,

Company G:

The last I saw of Weidner he had otne arm iup above the water. ite was about 75
down from ime then. Ten or 12 feet was near as I could tell hie was to the bank.
yards
Lieutenant Brown began to talk to the native in Spanish or Tagalo. 1 couldn't
understand. I turned lily head away, and the next time I looked around, why,
the native was on his knees and I saw Lieutenant Brown kick him; .nd then the
native ot 11up and hie said something to him about xeing insurrecto and the native
said 'No," anld then lie hit him with the pistol somewhere about the face. The
native was then told by Lieutenant Brown to vamnose. As he started, made a step
or two to walk away, some of the soldiers said tie could have saved Weidner's lifi
if he had a-tried; then Lieutenant Brown shot him. Only remark I heard lieutenant Brown make then about the loss of Weidner was that he wouldn't give
Weidner for all the natives there was in the islands. (P. 30.)
Private Chester Rhoades, Company (G:
Lieutenant Brown struck the native across the face with the pistol, then ordered
lihn to get away. He started off, to walk away. Lieutenant Brown stel)pped forward
and shot him then.

(1. 41.)

Private Leotis

Wieddle, Company (:

I watched Weidner as well as I could. Ie wias l)rlobably 60 yards down the river
when I saw him go tender. I didn't see him at any time near tlhe bank no,' getting
hold of any bushes. Some of the boys marched a 'tUvo iup to Lieutenant Brown,
telling them that lie sat there anl wouldn't n;tl;e any attempt to save his life.
Lieutenant Brown first asked him if lhe was an insurrecto. He replied"'No,'" and he
began to swear at hilm. The Filipinlo (roppedI on his knees andfLieutenant Brown
kicked him, The native rose to his feet and Lieutenant Brown struck hitl across
the face with the revolver, ordered him to vamnose, and some one remarked that lie
could have saved Weidner if he had tried, and Lieutenant Brown fired at him just
as hie turned to walk away, moving off slowly. Lieutenant Brown remarked as lie
fired: "I'll show you how to set anld se one of my men drown," or something like

49.)
Private Charles Kinstrom, Company G;
After Lieutenant Brown sten that he couldn't get anything more from the native
he told him to
that. (P.

vamose and motioned for lhim to rtnose. Just as he donel that

Private Oiler told Lieutenatt Brown that this native coutild have saved Private
Weidner if he had made an effort, and Lieutenant Brownmadh e some remark about
Weidner Ibing worth more than all the
in the island, and turned around and
shot the native as he was going away. niggers
( P. 57.)

Private George A. Garrett, C'ompany (G:

I saw Weidner when he went down 100 yards below where we crossed. I couldn't
see nothing but his head. The last I seen of
him hte wast over 10 feet from the lank.
I did( not see him get hold of the overhanging bushes.
Lieutenant Brown talked to the Filipino, and he seemed that lie couldn't understand
or wouldn't talk back, and the lieutenant kicked him in the breast. lie got up, still

52

OOURT8-MARTIAL IN THE PHILIPPINE ISLANDS.

he wouldn't talk, and the lieutenant struck him with the revolver and lie told himn
that, why, this mant said that he could have saved
Private Weidner, and he shot him. The native just walked off two or three steps.

to van:lose. And when he says

(P.6 .)
Lieut. Paul HI. McCook, called by the prosecution, testified:
A detachment of Xbth companies crossed the river and stood waiting on the other
side, While they were so standing some nlen of F Company came utp to Lieutenant
had been
that this
on the shore
Brown with an old

sitting
Filipino
Filipino, stating
close to where one of the soldiers hadlbeen drowned, and that he could have saved
the drowning man had hle made an effort, bu)t had failed to do so. Lieutenant Brown
asked the man if he was an insurrecto, to which he replied that he was not, at thie same
time going down on his klneesand Croing his hands on his breast. Lieutenant Brown
kicked him in the breast, knocking him over on his back, at the say'? tifne cursing him;
anll, as the native was hauled to his feet by some of the soldiers, drew his gun and
struck him in the face with the barrel, thle sight cutting a gash in his forehead. He
then tola the Filipino to vamose, cursing him again, and motioning with his hand.
The native took three or four steps, tottering, with his hands over hli face. Then a
man of F Company spoke up and said that the native could have saved Weidner if he
had made an effort. At this Lieutenanrt Browrn pointed his pistolX and shot the
native through the back of the head. lie was possibly 10 feet from him. (P. 76.)
My
impression was that Lieutenant Brown ordered hilu to accompany tile soldiers
as a prisoner. I heard no order to that effect. No one that I know of was designated as a guard over the man. (P. 74.)
TESTIMONY FOR THE D)EFENSE.

Sergt. Williaml. McGregor, Second Infantry:

I had not yet crossed the river and was about seventy-five yards from the group
around Lieutenant Brown. This native began to run away and about seven paces
away from the group 1he fell. At the same time lhe fell I heard a shot. I saw no
man make any movement to overtake the native and did not hear any shout, or outcry, or command, at the time he came out of the group. (Pp. 94, 105.)

Private Robinson, Conmpany F:

Private Oiler brought up a native and said, "Here's the man that drowned
Weidner," aiid Lieutenant Brown asked himi if there was any insurgents around.
lie said, " No sabe," whereupllon Lieutenant Brown hit liml with his fist and then
shoved him to one side to the back of hitm, and gave the command to advance. Ile
had hardly taken two or three steps when some one said, "'Look out for the nigger;"
and l(xking around I saw Lieutenant Brown pullhlis revolver alnd shoot the nigger
as he was running for the brush. I was within 10 feet of Lieutenant Brown. I
think Private Redican was to be a guard over this prisoner (p. 114), because he took
him and said something about "I'll take charge of him,' or something like that.
He was not told to take charge of him by the lieutenant. (P. 108.)

Corpl. Michael Maher, Company F:

seen Weidner coming down. On his left-hand side was
I, looking hledown the river,
at there. A native concealed behind the bushes gave him a
graspedl
kick, which pushed Weidner off, and he went down and was seen no more.
push
The native was brought up to Lieutenant Brown. Lieutenant Brown asked him
in Spanish where the insurgents were, or words to that effect. The reply he got was
"No saLbe" At that Lieutanant Brown struck hil with his left hand. The native
recovering,
getting on his feet, Lieutenant Brown (aught him and shoved him back,
giving us the command to go forward to tlie town. Someone hollered from the rear.
Ilooke( around and seen this native springing for a bush on the side of the river,
and Lieutenant Brown turns round quickly
anid shots himn. Private Oiler brought
the native to Lieutenant Brown. The report was made that there was an insurrecto
down there that could have save Private Weidner, or words to that effect. I was
6 or 6 feet from Lieutenant Brown when this report was made. (P. 125.) I made
no statement to Lieutenant Brown.
Q. Did you hear any soldier tell the lieutenant that this man had pushed Weidner
away fromI the bush?-A. Yes, sir; there was a remark made. cou ldn't say who
made it. Acouldn't say if it was made to Lieutlenant Brown or not, sir. Hie could
have heaZrl it. (Plp. 11b, 129.)

a bush that

COURTS-MABTIAL [N THTE PHILIPPINE ISLANDS.

58

By the Cotitr ( I>. 133):::

Was
any report made to. tl liellutlelant w hen tlht Vma wta taken before him?Q.
A. Not as I heard, sir.
Q. Now, you say you heard that remark, that that native could have saved Weildner
if he had desired?--A, Yes, sir. The lieutenant might have heard it or he might not
have heard it. iHe was excited at the time.
Q. If you knew that the native had actually pushed Weidner out to his death, why
didn't you report it right then and theere?--A. Well, sir, I didn't think much of it at
the time. (P. 134.)
Q. When did you first make any statement of the fact that you saw a native push
Weidner int th
ter-A
t We
ohen e re o t t town, sir.
ter ereggt
.

Private Michael C. Redican, Company F:

was reaching for the bushes when a native concealed in the bushes kicked
Weidner
The native was

him,
brought up anld Lieuteinant Brrown askie himl where the insurrectos were, and he said he didn't understand. Lieutenant Brown hit hiim with his
fist. He fell down and then he got up. Lieutenant Brown asked, ' I)onde( es barrio insurrectos? ' That means " where is the niggers gonl to."
le answered, "No
,
sabe," and then Lieutenant Brown started off for the town. WheIn he gave the
command forward lhe turned to tlhe native; pushed him directly in front of mie. He
made three or four quick bounds from mny side toward tile bushes. Lieutenant
Brown just pushed the nigger back toward meu and said, '' Here, Redican." That's
what I understood him to say. (P. 1.44.)
Cross-examnination:
The report was made to Lieutenant Brown that this native could hlave saved Weidner if hle wanted to. That's all I heard of it, sir. (P. 154.)
Q. Didl you make any statement yourself at that timei--A.
ilr. 1. wa.s't
asked anty questions. When this report was made to LieutenantNo,
Brown }he ssked
where the insurrectos were,

Private Henr1y

O)il:er, Comlpany F:

There was a native in the water holding on to the bush as Weidner went in
and kicked him out, and he went down. I saw it. I was 20 or 25 yards from close,
hilm.
I fetched the native up, and told Lieutlenant Brown this native could have saved
Weidner if he would have. And he asked him where the insuirre(tos were, :nd lhe
said he didn't sale. (P. 171.)
Cross-examination:
Q. Why didn't you tell l,ielutluant Brown that tlhe native haid kicked Weidnler
antd drowned him imlsteul of making tie report that y,'l did?---A Nevor!tholllght of
it at the time. (1. 175.)
Q. Did you hear a remark made just before the native was shlot?---A. I dlill't hear
no remark, sir. (P. 177.)
By the Cor)tT:
Q. After having seen the Filipino actually murder Weidner, how could you think
to tell Lieutenant lBrown simply that the Filipino could have saved W\eidner if he
had wanted to whenll you klew that he hadl actually murdered( him'l-A. I dol't
know; I did it. (P. 182.'
he shot thle native,
Q. Did you hear anyone say to I:ieutetlant Brown, just
that that waste the manl that kicked Weidner inltA thle water,ltefXore
or wors to
t that effett?-A. No, sir; fI di(l not. (1P. 184.)

11Private Leao C. Norton, Colnmplany F:

Sormellby hollheretd out, '" Watch thinigger."

(P. 1.)

Then

Lieutenant

Brownm Hoit lhim.

Private Charles E. Prater, Company F:

I came up with the native. I met Oiler coming back with the native. lHe was
turned over to the lieutenant, and the lieutenant asked him about
the insurrectos.
He tried to make him talk, and he kept a saying, "No sale," and lie pushed
into the rear of him, and gave the command, "'Forward," Soimone called outhim
the
native was escaping. The lieutenant turned around and shot himl. He was run
ning. (P, 195.)

54

OOURTS-MARTIAL
: TN THKE PHILPPINE ISLANDS.

JPrivate EIza Welrkilann,

Com1pany F:

Weidner drifted in to the bank. He grabbed a cluster of bushes. Close ttohe

water there was a native there who kicked Weidner hloe,. Hle went down. When
the native was brought up, why, I stepped up to see what was going on. Lieutenant Brown asked him if he sabed where the insurrectos were. le saMd, ' No salw."
He knocked him down. The native got up. He grabbed him by the shoulder and
pushed him in the rear and said: "' Bring him on." I (don't know who took charge
of him. I heard some one halloo, and this native was running toward a cluster of
brush and Lieutenant Brown shot him.
i
Q. )id you say anything about this native having murdered WMeidner?-A. No,
was
to me--wasn't any use of 1my telling them after
sir; I didn't thin itanything
they once had got him up. I was within 4 or 5 feet of Lieutenant Brown while he
was

talking to tte native. (P. 202.)

Private Ross Plum11mer, ComXpany F:

I first saw the native as so(.me one was bringing him up ra a l:prisonier. Th lieutenant
asked him some questions. W hen lie got through with him he pushed him to the
rear and orderedrl us todadvance, atll told thie men in the rear to take charge of him.
Lieutenant Brown shot him ats lie was trying to make his escapIe. (1'. 210.)
Cross-examnined:
man make when lie lroulghrt the native
Q. What report did Oiler orarny other
lI stated that the lltive couhli havesavett Weidntr if lhe lhau wanted, instead
up?--A.,
of kicking hini loose from the bank.

Private ,Ja1mes 1). Bright,

Company F:

I saw this native when lie was brought tup. Lieutenant Brown asked hilm something
about the insurrectos. lie wouldnl tell,
alnd the lieutenant struck him a shoving
lick with his revolver and pushed himono behind. We hadn't went but four or
five steps when some one in the rear called to Lieutenant Brown, andl I turned just
in time to see the native leap for the bushes, and the lieutenant shot him. (P. 220.)

CrosH-examilned:
Oiler brought hthim up and said le could have saved Weidner if lie had tried,
report I heard.

Private Edward L.

Only

Nye, Company F:

I seen the native to the right of Weidlner where he was going (down. I seen Weidner reach out after some brush, Iand the native was standing at the edge of the water.
I goes up on the ILank, and Private Oiler brings the native up and reports to Lieutenant Brown that the native could have saved him if lhe would. Te lieutenant
asked him where the insurgents were. The native said., "No sabe." The lieutenant
hits him with his fist and knocked him down and gives the command to forward
so e noise.
turned
and we g(es two or three paces. Somebody hollered or made
sol
around. The native was running and Lieutenant Brown shot him. ().,245).
Cross-examined:
Weidner was 8 or 10 feet from the bank when I saw himn grasp those bushes. Tle
report made to lieutenant Brown was that he could have saved Weidner if lhe had

triedl.

Private John

1Bunch, Company F:

I was 2 or 3 feet from Iieutenant Brown when the native was brought up. After
himl
questioning hli the lieutenant shaplpe)I him, and lie fell dlown. Then he pushed
kind o' side of himl and gave the order "forward, march," and we started, and some
one shouted in the rear, and the lieutenant seen the native making his escape, and

shot him.
The native \was turned over to some one in the rear a a prisoner. J (dotlt know
exactly who they was. Lieutenant Brown said, "Take charge of this man."

(P. 249. )

Private Robelrt I).

Swolp, Company F:

1 seen Weidnrer get hold of some bushes near the bank to pull out by, and this
darky pushed him away from them, and he went down. I saw the native push him
off. He was brought ui) to Lieutenant Brown, and hie asked him if he knew anything of thiei insurgents,. le could get nothing out of in except 'tNo sabe,'i and 1he

OOlTTS-MARtIAt IN1 THI*t PHILIPfINE ISrLAxDS.

knocked him down or pushed him back. We were ordered to go forward, and Lieutenant Brown had gone a few stepe. Some one spied this native running off, and
Lieutenant Brown shot him. (P. 254.)
Cross-examined:
I walked up to the lieutenant just as the native walked up. I don't remember
what was said. I did not say anything to the lieutenant about this native. I didn't
know but what these other fellows that brought him up had reported that he had
murdered Weidner. I was not close enough to hear exactly what they were Haying,
and I didn't like to put in,
I didn't hear the lieutenant say anything about taking charge of that man.

Private Reubllen M. Short, Company E:

Oiler said to ]Lieutenant Brown, "' ere's a native, sir, that was on1 thel( bank where
Private

Weidner got drowned. (P. 258.)

Cross-examined:
Q. Was anything said about this native pushing Weidner away and drowning
him?-A. Yes, sir. I can't just call the mlans name. JI remember hearing that
reported. Lieutenantt Brown sail he wouldn't have lost Weidner for all thle gugus
in the islands.
We had made about three steps forward tand some one in the rear spoke up someabout this native, Bsaw he was making a break for the bushes, land lieutenant
tiing
Brown fired.

Lieutitelant Brown, the a:ccusexd, Was swornI ill his owl behalf:
'IThle native Wsa brought up to met, and(:l the imen reported that he could have saved
Weidner if 1 1had1 wanted to, anl they also said that the black-usilng 1 alpprolrious epithelt-lhad kicked Weidner into) tlhe river. That was reported to mie. I
looked at the native and the first thing I wantedw a guide. I knew Weidner
was drowned andl that was the end of it; it was a casualty. And
wat to
tlmyI'dobject
out and find the trail there, and I thought
make that
get my men straightened
native act as guide and show me the line of retreat so 1 could cutt them off. I asked
him the questions, both in Spanish and1 Tagalo, and he answered iln Tagatlo slornething which means "'I don't know " or " No: 'abe..' The lman w.a somewhat shorter
than I was, and standing in front of mie, and when le answered1me "No sabe" I
him and said
)rolbal)ly cursed
something to him, an(l hit him a blow that, way
and he went right square down.
[in(licating]
I saw there wasn't any use trying to get anything out of him, and as lhe got up, he
was about two-thirds of the way up, I just took him by the neck that way [indicatshoved him behind me, and I either gave the comnrmand "forward'" or told
ing] stand
to line lup; anyhow I gave some commanr
same "forward marchh" and
them
1 ste)(:l off. I had gotten possibly as far from here to the corner of that desk
[ilndlcating a distance stilnated by the court as 8 feet] and tilere was an outcry and
a noise or general commotion among the men, and( I was standing this way [indiI turned my head that way quickly and I saw this native was slanting at
cating],
me about in that direction indicatingn] and the bushes were over there [indicating],
and hel was running what I would all 'in
the threat iH, lone foot in the air.
airi-That is tile impression I got as I turned my head. And I pulled my revolver, the
double
the man
and( was shot

fell,
action,
through the head.
Cross-examined:
When I shoved hilm behind I told somebody to look after him or bring him on,
but the exact words I could not say. It was my intention to have the
mian ttken

along.
Several officers testified that it was not customary to halt escaping
prisoners, but to fire at them and kill them if possible. They slip away
so quickly that the orders when in the field have always been at the
least, effort ta.cescape to shoot and shoot quick.
At the time when the offense wascormirmitted which has been made
the subject of charges in this case a state of public war existed in the
Philippine
Islands, and the colmmnand of which the accused was a mrnmwas engaged in the actual prosecution of hostilities against the
ior
enemy. A skirmish wasisn progress, and Lieutenant Brown, as the

56

PHtLIPPIXE
tIStLANDS.
officer in that part of the tield in which his comlpan wwas operse'lior was
ating, directing its movements in pursuance of the orders of his
commanding officer, and in conformity with the varying circumstances
of the engagement. In this view oi the case it is apparent that the
culpability of the accused should have been determined not by the
law of the place, but lby the rules and custom of war. It is the purpose of the laws of war to regulate the conduct of a belligerent and of
individuals in his service in the operations undertaken by them against
the enemy. Those laws which have the sanction of all civilized nations
contain provisions regulating the right to kill individuals of the enemy's
army, the treatment of prisoners of war, and the duty of protecting
noncombatants and their property in the theater of military operations. Offenses against
themt aretretiable by courts-martial, in cases
over which those tribunals are given jurisdiction by law, and, in other
cases, by informal tribunals of the class known to the practice of the
United Stateasas military commissions" which derive their jurisdiction not from enactments of Congress, but from the common law of war.
In the case under discussion the organization in which the accused
was exercising the colmmland appropriate to his rank had encountered
a force of hostile insurgents, l engagement had ensued, the resistance
of the enemy Shad been overcome, and he had been forced to retreat.
The rimmedfate purpose itn attacking the enemy having }een accomplished, the firing hIad (eased and the accused was about to re-follrm his
comman11 d for1 further operations when the deceased was brought into
his presence as a prisoner of war, with a view to have his status (etr'mined--as friendly or hostile. --an(l to obtain such informatiitontas he
could give in respect to the numbers, position, Tand intentions of the
enemy.
It will thus be seen that a case to which the laws of warproperly
disclosed by the record of proceedings. IHad the case been
applied is for
the a(ccuse1(d
prepared trlitl by'a military commission, the of'nse ofstated
in the
and the rights and status of the (ldeceased could have }J.)enf
the
And
the
of
of
war.
form
of acts inl violation
the
laws
charges in adduced
to
determine
h
the
uld
commission
eal
ulled
testimony
the criminal responsibilities of all parties to the transaction in question.
But this course was not pursue . The circumstances of the killing
were reported by Lieutenant Brown to his superior officer, Captain
by a',n 'oral message, conveyed by an enlisted man.
Freemont,
The matter was not made the subject of a formally report in writing
by Lieutenant Brown, or the object of an official inquiry by his inmmediate commanding officer. Indeed, it was not until a considerable
the
period of time had elapsed that it was brought to the attention ofother
d circumstances inicating that
department comnlitandier under
mo vtives than a regard( for the public interest and a furtherance of
the notice
military discipline had opleratedl in bringing tlhe incident tohands
of an
of the proper authority. The matter was placed in tlhe
and
as
a
result
for
and
and
chargesof war
investigation
report,
insplector
article
of
a
the
violation
specifications allegingl
fifty-eighth
were( prepared by the inspector, and a general court-martial was
ordered for their trial.
The fifty-eighth article of war, under which the charge is brought,
was enacted during the war of the rebellion as section 8) of the act of
March 3, 18S3 (12 Stat. L., 73f), andl was incorporated in the Articles
OUtRTS-MARTIAL

N
THN E

57
(OURTSMARTtAL TIN: THE; PZHrIPrIS 3 ISLANDS.
of War by tle 1rvisers of the Statutes in 1874. Tlhe purpose of its
atenatent is well described by the court in the case of Colelman v.:
Tennessee (97 U. S. Reports, 573), where it is said:
The section is part of an act containing numerous provisions for the enrollment of
the national forces, designating who shallconstitute such forces; who shall be exempt
from military service; when they shall be drafted for service; when substitutes may
le allowed; how deserters and spies and persons resisting the draft shall be punished,
for their object to secure a large force to carry on
and manly other particulars having
the then existing._war, and to give efficiency to it when called into service. It was
enacted not merely to insure order and disciplinee among the men composing those
the violence of soldiers.
forces, but to protect citizens not in the military service from
not hostile is often accomtnIt is a matter well known that the march even ofa ary
an
panied with acts of violence and pillage by straggling parties of solliers which the
most rigid discipline is hardly able to prevent.: The offense mentioned are those of
most common occurrence, and the swift and summary justice of a military court was
their commission.
to
deemed necessary

restrain

Elsewhere in the opinion of the court mn the case last above cited it
held that the jurisdiction of the military courts, in cases properly
falling within the scope of the article, was(conclusive.
When the armies of the United States were in the territory of insurgent States,
banded together in hostility totlhe National Government and' making war against it;
in other words, wlen thelarmies of the United States were in the exnery's country, the
mentioned had, under the laws of war 1nd the authority conferred
tribunals
military
the section named, exclusive jurisdiction to try and punish offenses of every grade
by
commtilitted by persons in the militarytheservice.to Officers
andt soldiers of the armies of
the laws of the elnetly, orallienable
war
the Union were not subject during
to his tribunals for offenses committed by then. They were answerable only to
their own government; and only by its laws, as enforced by its armies, could they
be pullnished.
It is tile opinion of this office, therefore, that while tlhe case was
reterable to a military commission as tlhe usual and approproperlyforum
conduct of the inquiry, the act of tll accused, in
priate the life forthec
of
a
in occupied territory "in time of
noncombatant
taking
or
triable,1) a general
was
rebellion,"
war, insurrection,
properly
nr
court-martial under a charge alleging murder
i
violation of the fiftyeighth article of war.
The fifty-eighth article of war, after describing the offenses which
are made triable by court-martial, contains the requirement that
'the
punishments for such offenses shall never be lesstlian those inflicted
the laws of the State, Territory, or district in which they have been
by
committed." Without entering u1p)
on the, discussion of the general
as
whether
to
the
of the United State s operate in our
laws
proposition
insular possessions, it has never been denied thatthe Articles of W rhave extraterritorial operation andaccompany the military forces of
the United States wherever they may go in the prosecution of operations against the public enemy.l (Case of The Exchantge, C7 (. anch, 39;
Coleman v. Tennessee, S..
97 U 5l5-51.)
Some of the Articles of
War are equally appliathle at all times and places, at home or abroad,
others, of which the fifty-eighth article is an example, areonlonpera3
tive in time of war and in the occupied territory of the ellemy. The
is therefore incomplete and require s to be aided or
fifty-eighth article
in execution of the requirements of the local law. For
supplemrented
this reason it becomes necessary to ascertain from the criminal law of
the place what punishment is prescribed by law upon conviction of
the several offenses therein named. In this case we are referred, for
was

58

COU7RTS-MARTIAL IN THE PHILIPPINE ISLANDS.

the law measuring the power of the court-tmartial to punish, to the

penal code in force in the Philippine Islands; and Title VIII, Chapters
lI and I1I, of that enactment contains the following definitions:
TITI, VIII.-C(iumii A^AINST' :'PERSOS.
*

*(

*:*

I.--A ssssimlttiol.
ART. 403. He who, without being included in the preceding article, shall kill any
deed is attended by anly of the following cirperson, is guilty of assassination if theFor
acumstalnces: (I) With treachery; (2)
price or lproise of reward; (3) By means
of flood, fire, or poison; (4) With deliberate pr(med(itati)on; (5) With vindictiveby deliberately and inhumanly increasing the suffering of thepierson attacked.
ness,
A person guilty of assassination shall le punished with the penalty of cadena
temporal in its maximum degree, to death.
AI'.

(jIIA'P. II I.-InImilde.
ART. 4.404.e who, without being included in the provisions of article 402, shall
kill another without the attendance of any of the circulnmstaces specified iin the forei(sall l:;;' punished
article, is guiilty of homicide. A person guilty of lhoiacide
going
wit h thelienalty of rcdlusiOn telml)poral.
C('iAP. I I I.--Dtraio,.'hm, ai,,, ejt!etof/p.'.t/i'.9.
S4,(CTiON 1. .Purtt. iolf , '/f pt tiCe.
ART. 28. Persons condemne(l to cadenas, reclusion, and relegacion perletuas, or to
perpetual exclusion, shall be parldone after having served thirty years, of their
sentence unless on account of their conduct or for other serious reasons they ihall
not be worthy of pardon in the opinion of the (Government.
The penalties of cadena, reclusion, and relegacion temtrorales, and telr porary exlputlsion, shall last from twelve years and one (lay to twenty years.
The. punishment awarded upon convicting "asesinato'" is (cad(na temporal il i ts
maxrimulm degree to death.

'The penalty ilnposable up1on conviction of ' homicide" uder article

penal code is reclusion temlpoal, and reclusion temporal is
dewsrixbed in article 28 of the penal codeais imtpili.monmlent at hard
laboorfr a period of froma twelve years and one day to twenty years; the
minimum penalty being twelve years and one delay. Th i sentence
imposed by the court was:
404 of the

To be dismissed from the service of the United States and then to be confined at
hard lalbo in such United States penitentiary as the reviewing authority may directt
for the period of five years.

It was held by Judge-Advocate-General Hiolt in two cases arising in

1865 that-Where a sentence adjudged by a court convened by the authority of this article
imptosCd it punishment of less severity than that provided for the same offense by
the law of the State in which the offense was committed (as imprisonment where the
law of the State required the death penalty); Ield, That such a sentence was unauhorizecd and inoperative,
The same authority also heldThat the courtin imposing punishment should be governed by the local law (so
far as required by the article), although the offense was committed in a State whose
relations to the General Government had been suspended by a state of war
ordinary
or insurrection. (Par. 90, Dig. Opins. J. A. O., 1901.)
As the court has acted without jurisdiction in imposing a less severe
sentence than is required to b)e imposed by the fifty-eig-hth article of
war, its act is without authority of law, andt it is recommended that the

proceed(ings l: returned for revision,

COU'ATRTS*MARTIALJ JN THEPH I'IPPINE: IStLANDS.

50

Lieutenant Brown has be(len ordelre to proved

d . t Foirt Thomas,
in
to
await
action
the
there
n
arrest,
Ky.2
proceedings in his case,
id is now etn route to that post from Manila.
As the proceedings ill revision will take place in closed court, and
as the presence of the accused is not necessary at such revision, it will
not be necessary for him to return to Manila.
I'The draft of an endorsement returning the proceedings for revision
is submitted herewith.
This review was interrupted on October i25, 1901, to enable the
decision of the Secretary of War to be taken upon the question of the
return of the proceedings to the court with a view t, a: revision of
the sentence. On October 26, 1901, tie Secretalry of War, concurring in the opinion above expressed, directed the return of the record
for revision. rlo determine whether it was practicable to reconvene
the court, the following telegram was sent to the colnml nding general
of the

Iivision of the Philippines:

Ar).UTTA NT-(.'ENiEIA r.8 ()P'FICE,

HWRhillgto, ('tober 31, 1901.

A Ei'l', ,Manzla:
Can co(u:rt which( tried
i 'Preston Blrown 1be reconvened?

A1dj'tftti - ef'lw'nerl.
To which, on November 6., 1901, ther following reply was received:
MANILA, NowemlWdr 6, 1901.
AX 1DJ UTA NT G ENERA L,
it'Was1' f;, ,ngton:',
With reference to your telegram of 31st, six imemilwer available. Palmner f. Priee,
ju( ge-advocate, (andl) Preston Brown (have) returned to thel UTnitted States.
(COmIN,

In view of the reduction which has taken place in the original 11Imemm1embters of the thirteen, together with the
bership of i:e court, seven
beeTn
detached to other fields of duty, and havhaving
judge-advocate,
to
the
of service in the Philippine Islands, it
conditions
regard
ing
seems hardly probable that even a minority quorum of five members
can be called together when the record reaches the islands in the ordinary course of the mails. For that reason I do not feel justified in
to the recommendation that the proceedings be returned to
adhering
the court for a revision of the sentence. Where such Irevision is
it has been the practice of this office to reconmmelnd
imlprcticable
that the illegal part of the sentence be disapproved, and it is recommended that that course be pursued in this case. (Dig. Opins. . A.
(A..,

1901, par. 90.)

Regarding what has been said of Lieutenant Brown's acts as ta viola
tion of the laws of war, and, as such, triable by a military colmmllssion,
it is proper at this point to discuss his conduct from the standpoint of
law.
international
It is not apparent from the record, nor is it necessary to inquire,
whether the captured Filipino was a member of the insurgent forces
or not; the fact that he was unarmed and nearly naked gives occasion
for the belief that he was not actively engaged in the insurrection.
But this matters little, as the circumstances attending his apprehension
were such as to justify his detention either as a prisoner of war or as
an offender against the laws of war.

C(OURTS*MARTIAaL iN THE PHlLIPPtIE ISLANDS.

The status of prisoners of war, in so far as their detention is concernsd, is fully set forth in the following paragraphs of the Instructions
for the Government of Armies in the United States in the Field:
A prisoner of war is a public enemy armed or attached to the hostile army for
active aid whIo has fallen into the hands of the captor, either fighting or wounded,
on the held or in the hospital, by individual Isurrender or 1by capitulation.
All soldiers, of whatever species of arms; all men who belong to the rising en
masse of the hostile country; all those who are attached to the army for its efficiency
and promote directlyy the object of the war, except such as are hereinafter provided
for; all disabled men or officers on tile field or elsewhere, if captured; all enemies
who have thrown away their arms and ask for quarter, are prisoners of war, and as
such exposed to the inconveniences as well as entitled to the privileges of a prisoner
of war. (Par. 49, Instructions for the Government of Armies of the United States
in the Field. )
A prisoner of war, being a public enemy, is the prisoner of the Government, and(
ann be paid by a prisoner of war to his individual
not of the caltor. No ransom
captor or to any officer in conmmandl. The governmentt alone releases captives,
according to rules prescrilld1 by itself. (Par. 74, ibid.)
If the captured Filipino was ia member of the insurgent forces, he
entitled to protectionias ai prisoneri of war immediately upon
became
his capture. If he contributed to the death, by drowning, of the soldier,
Weidner, by pushing him back into the water, h wawas guilty of an
offense against the laws of war, for which he was triable.
A prisoner of war is subject to no punishment for being a public enemy, nor is any
revenge wreakedl lpon him by the intentional infliction of any suffering or disgrace,
bv cruel imprisonment, want of food, by mutilation, death, or any other barbarity.
(tPar. 56, ibid.))
Prisoners of war
are subject to confinement ,or imprisonment, such as may be
deemed necessary on account of safety, but they are to be subjected to no other
intentional suffering or indignity. The confinement and mode of treating a prisoner
ay )be variedl luring his captivity according to the demands of safety. (Par. 75,
ibid.
A prisoner of war remains answerable for his crimes commtittedl against the captor's
army or l:eople committed before he was captured, and for which he has not xbeen
punished
bly his own authorities. * 1' * All prisoners of war are liable to the
infliction of retaliatory measures. (Par. 59, ibid.)
The circlustaices attending the capture of the Filipino are quite
fully set forth in the testimony of Lieutenant Brown, who says:
The native was brought tup to me, and the men reported that he could have saved
Wei(dner if he had wanted to, as near as I remember the words; and they also said
that the black--using an opprobrious epithet-had kicked Weidner into the river.
That was reported to me. I looked at the native, and the first thing I wanted was
a guide. I knew Weidner was drowned, and that was the end of it; it was a casualty,
Anfd my object was to get my men straightened out and find tlhe trail there, and I
'd make that native act as guide and show me tile line of retreat so I
thought
could cut them off. I asked him tlhe question, both in Spanish and Tagalo, and he
answered in Tagalo something which means "I don't know," or 1 no sabe." The
man was somewhat shorter than I was, and standing in front of me, and when
he answered Ime "no satW," I probably cursed him, said something to him, and
tit him a blow that way [indicating], and he went right square down. I saw
there wasn't any use trying to get anything out of him, and, as he got up-he was
about two-thirds of the way upi-I just took him by the neck that way [indi(athim behin d me;; and I either gave the command "forward," or
anLd
ing]
told him shovel
to line up; anyhow, I gave some command the same as "forward,
and I stepped off. I had gotten possibly as far as from here to the corner
march,"desk
of that
(indicating a distance estimated by the court as 8 feet], and there was
an outcry and a noise or general commotion among the men, and I was standing this
way [indicating]. I turned my head that way quickly, and I saw this native was
about in that direction [indicating], and the bushes were over there
slanting at meand
he was running what I would all " in the air"-tthat is, one foot
[indicating],
i lthe air. That is the impresson I got when I turned my head. I:had onl my
pistol, and tie holster is
oenwork cowboy holster, and I wear it on one of
60

aln

COURbT-MARTIAL IN THIE PHILIPPINE ISLANDS,

61

these 4-inch Western belts, and I wear my revolver on my hip, and I pulled my
It was
revolver, te oblactingthe-e anIfell, and was shot through the hea.l
went on into the town, and after we got him
an unaimed shot, and the man fell.
out. I knew Captain FrerOont was above me, because I heard his Mause'r pistol
being fired; I knew he was there, and I sent a man up to report to him about this
man being drowned and the native being killed and two rifles lost-three really,
with Weildner's; his was on him. I afterwards met Captain Fremont in there,
myself, and gave him a narrative report of everything from the time I left him at
Binangonan, a report of everything, including ti.told him the man made a
break for the mosque and I shot him. And I never heard anything mIore al)ut it.,
my action was never questioned, until I was investigated by the inspiector-general.
In discussing Lieutenant Brown's responsibility under thte laws of
the circumstances attending his act must be carefully considered.
war,
It has been seen that an engagement with the enemy was in progress.
The resistance of the enemy had been overcome for the moment; the
accused had crossed a portion of his command over a swollen stream,
and was engaged in re-forming his men preparatory to further advance,
when the Ilihpino was brought into his presence; that his excitement
was great, and that his; acts were not under control is indicated by
his treatment of the prisoner. Hie first attempted to obtain informasome instructions looking toward his
tion, and failing in this, he gave
the
and
turned
then
detention,
In direction of the enemy. Just as he
was about to advance, there was an outcry and commotion among the
men who had crossed the stream with him, which caused him to turn
'in the direction of the prisoner, who appeared to be in the act of escaping. Laboring under an excitement so intense apparently as to preclude an exercise of the reasoning faculty, he fired and the prisoner
fell dead. Lieutenant Brown displayed no special enmityy toward the
captured
Filipiuo, and seems to have cherished none. The situation
was a critical one for an officer of his age and experience. Iet had
delayed his advance somewhat, and he was on the enemy's side
already
of a swollen stream with a small detachment of men, and out of supporting distance of the main body of the command.
It is because of the existence of conditions such as have been
described that the ordinary civil courts are not given jurisdiction over
acts committed in time of war in the presence of the enemy. This is
indicated in tlhe old form of indictment at coImmon law, which alleges
the homicide to have been committed "in the peace of God and the
commonwealtht" that system of jurisprudence not lending itself readto the determination of questions of criminal responsibility arising
ily
in the course of operating against the public enemy. The courtmartial applied this principle as far as it was able to do so by finding
the accused guilty of manslaughter instead of murder, as alleged in
the charges.

applies
prisoner is correctly stated in )r. Lieber's instructions:
The rule of international law which

in the case of an escaping

A prisoner of war who escapes may be shot or otherwise killed in his flight, but
neither death nor any other punishment shall be inflicted uponlhim simply
for his
attempt to escape, which the law of war does not consider a c(nrime. Stricter means
of security shall be used after an unsuccessful attempt at escape. (Par. 77, Instructions for the Government of Armies of the United States in the Field.)
Reduced to its lowest terms, I can find in the testimony no condi-

tions of emergency which would have justified a commissioned officer

of the Army in beating and kicking an unarmed prisoner of war whose
resistance had been overcome. As to the subsequent shooting of the

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

after the advance had begun, there is some conflict of testiprisoner,
It
is fairly well established, however, that after the advance
mony.
was resumed an outcry was made that the prisoner was attempting to
Lieutenant Brown turned quickly and,
escape. Upon hearing thistoward
the. bushes, fired without aiming,
seeing himprisoner moving
a
of war attempts to escape, the laws
If
prisoner
killing instantly.
be necessary to prevent it.
of war justify the use of such force as
In the condition of excitement in which the accused was at the
isimpossible to make nice distinctions as to the amount of
as to the method of its employment. There is nothing
force used,it or
which indicates malice or a willful desire to kill. Had a larger force
been employed, and had the affair attained the dimensions of an engagethe case would not have occurred, as the prisoners would have
ment,
been sent to the rear under proper escort.
life in
While the circumstances which attended the taking of
this case are such as to diminish materially) the criminal responsibility
can not, in my opinion, be entirely absolved from
of the accused,
as
the
the instructions for the government of
requirements of and
blame,
intended to regulate the conduct of
armies in the field are
all persons, whatever their rank and station in the military service.
,The Government has a right to expect from its commissioned officers
such an exercise of self-control in action as will insure the proper
of its forcesagainst the enemy and secure a reasonable
employmentt
enforcement of the laws and usages of war during the actual pendency
of hostilities. It is therefore recommended that so much of the sentence:as imposes confinement in the penitentiary be disapproved as
illegal and inoperative but that the sentence of dismissal be approved
on the list
and (comlluted to a reduction of thirty files in lineal
to a forfeiture of one-half of his
of first lieutenants of infantry
monthly pay for a period of nine months.

62

tle

mSIay

moment,

human

he

specific

tank

land

Very respectfully,

(i.o. B. . AVS,

HlF8AlQUAlT'EitRS OF TIlE ARMY,

AIDJUTANT-GENERAL'S OFICIE,.
No. 100.
Scptemr e:' 8s, 1902.
a
which
convened
Before general court-martial
at Manila, P. I.,
No.
to
2, June 14, 1902, War Departlmenlt,
pursuant Special Orders
and of which Brig. Gen.
Office,
Adjutant-General's
Washington,
William I1. Bisbee, U. S. Army, was president, and Maj. Mllard F.
Waltz, First U, S. Infantry, was judge-advocate, was arraigned and
tried Capt. James A. Ryan, Fifteenth U. S.. Cavalry.
Conduct to the prejudice of good order and military
C:uARI E.-"
in violation of the sixty-second article of war."
discipline,
In that Capt. James A. Ryan, Fifteenth U. S.
Specoifcti'n

(.IENEtRALJ (:)t)llE,

WaiwJgti,,

of United States
Cavalry,stationed
duty comnmarding a detachment
being1.-"
Mindanao,of P.the I., and ofhaving in his
troops one onlat Jiminez,
of
Abing,
charge
pueblo Jiminez,
Mindanao, as presidente
said island ofUtvaldo
direct,
prison r, did unlawfully order,
and by his presence and authority cause the dso rs d thrsubhim, the said
the sltid:of RyanIs, conualtind, to execute
ject to his,
upon
method
a
known
In
the
commonly
Abing,
Philippilma
Islands as the 'waterpunishment
cure;' that is, did cause water to be introduced

63

COURTS-MARTIAL IN THE: PHILIPPINE iSLANDS.

into the mouth and stomach of the said Abing against his will, for the
of extorting information from him. This at Jiminez, island
purpose
of Mindanao, P. I., on or about the 1st day of December, 1901."
2. -: In that Capt. James A. Ryan, Fifteenth U. S.
jSpecf;catton,
a detachment of United States
Cavllry, being on duty commanding
island
of
at
stationed
troops
Mindanao, P. ., and having in
Jiminez,
his charge one Luis Girneno, vice-presidente of the pueblo of Jiminez
island of Mindanao, as a prisoner, did unlawfully order, direct, and
his
and
cause the soldiers and others under

by

presence

his,

authority

the said Ryan's, command, to tie the arms of the said Girneno behind
him and hold him, the said Girneno, vertically, head downward and
immersed in a bucket of water, for a period of five or ten secpartly for
the purpose of extorting information from him, the said
onds,
Girneno. This at Jiminez, island of Mindanao, P. I., on or about the
1st day of December, 1901. ",
To which charge and specifications the accused, Capt. James A.

Fifteenth U S. Cavalry, pleaded as follows:

Ryan,
To the first specification, "Not guilty."
To the second specification, "Not guilty."
To the charge, " Not guilty."
FINDING.-Of the first specification, "Not guilty."
Of the second specification, " Guilty' except the word 'unlawfully'
attaching no criminality thereto, and of the excepted words 'not
guilty.'"
Of the charge, "Not guilty."
SENTENCE.--And the court does therefore (lacqit him, Capt. James
A. Ryan, Fifteenth U. . Cavalry.
The record of the proceedings of the general court-martial in the
A. Ryan, Fifteenth U. S. Cavalry,
foregoingbeencase of Capt. James
the
submitted
the following are his orders
to
President,
having
thereon:
WHITE HIOUtE , ,Stw nber 4,j190.:
The proceedlings aid
in the forgoing case of Capt,. Jamles A. Ryan, Fifteentlih eginiment of Cavalry, are disapproved.
THIEOlnto)II ROOS()V()EvT.

finduingm

By command of Licutenant-(eneral Miles:

WM. HI. (CARTR,
rGener(ll,
Adjutant- G;enEral,
(,. AS. JAriy, Acdt' i
BIri/gadier-

f()IE'l(C

D:)E'ARTMIENT,
WAK

OF

THIE J IX; E-ADVOC()ATE -(ENE}AL,

The honorable SECKETAIRY OF WAR.

Sin: I have the honor to submit the

following report in the case of

James A. Ryan, Fifteenth Cavalry, who was tried in Manila, P. I.,
Capt.a general
court-martial convened by direction of the President in
by
an Executive order bearing date June 14, 1902.
Captain Ryan was tried upon the following charges and specifications.
COARE.--Conduct to the prejudice of good order and military discipline, in violation of the sixty-second article of war.
Fifteenth U. S. Cavalry, being on
Specficlion. 1.--In that Capt. Jtantle A.
duty commanding a d(etachient of U. .; Ryan,
troops, stationed at Jiminez,
Mindanao,

CO4URTS-MARTIAL IN THE PHILIPPINE ISLANDS.

P. 1., and having in his charge one Uvaldo Abing president of the pueblo of Jiminez, of said island of Mindanao, as a prisoner, dicld unlawfully order, direct, and by
his presence and authority cause tie soldiers and others sullject to his (the said Ryan's)
command to execute upon him (the said Abing) a method of punishment commonly
known in the lPhilippine Island as the "water cure;" that is, did cause water to Xbe
introduced into the mouth and( stomach of the said Abing against his will for the
of extorting information from him.
purpose
This at .Jiminez, island of Mindanao, >P. I., on or about tile 1st day of Decemniber,
1I01.
that Capt. James A. Ryan, Fifteenth U. S. Cavalry, being on
Spe)licartition ^.-In
a detachment of U. S. troops, stationedl at Jiminez, island of Minicommlnanding
duty
danao, P. 1., and tlaving in his charge oe Iuis (iirneno, vice-presidente of their pueblo
of Jiitmiez, island of Mindanao, as a prisoner, (lid unlawfully order, direct, and by
his presence and authority cause the soldiers and others under his (the said Ryan's)
command to tie tie arms of the said Girneno behind him and hold hli (the said
Girneno),
vertically, head downward and partly iimmer-sed in a bucket of water, for
a period of five or ten seconds, for the purpose of extorting information from him
(the said (lirmeno).
This at Jiminez, island of Mindanao, P. I., on or about the 1st day of December,
1901. (Record, pp. -4. )

To which he

pleaded as follows:

To the first specification, 'Not, guilty."

To the second specification, "'Not guilty."

To the charge, "'Not guilty."

(Record, p. 6.)
The circumstances attending the administration of the water urlle to
Uvaldo Abing, president of the pueblo of Jiinelz, Mindanao, P. I.,
were testified to by Second Liout. Charles Burnett, Fifteenth Cavalry,
as follows:
The
was brought before the men whom I have named and hl was asked
variouspresiidente
by Captain Ryan as to his attendance at a certain meeting with
questions
Ruffino )eloso, the insurgent leader in that vicinity, and also as to his part in it, and
who else was present at that meeting t:sides himself. The president refused to
in the matter a.nd his arms were tied hd
)hi him. Hle was
give any information
those questions, refused to aswCer, alnd the two sergeants in question
again asked
thle mlan, one of them on either side, by the leg and armn and inve'.cted him
grtslpe
int(o a galvanized iron bucket which was filled with water just brought from the mess
kitchen. lHe was kept in that bucket possibly five or six seconds and stood on his
feet again. le was again asked tihe questions as hehead been at the beginning, and
his answers were very vague and not to the point. lie was again inverted, possibly
about the same length of time. He answered a few of the questions as soon as he
was brought iup again. lie answered a few of the questions, not all of them, was
again inverted for the same length of time, brought up again, and gave the desired
information. Then lie walked back to the guardhouse from the place. (Record,

45.)
The corresponding taco: in respect to the administration of the water
cure to Luis iirneno, vice-presidente of the pueblo of Jiminez, as
testified to by Lieutenant Burnett, are as follows:
p.

The man was brought out from that room where he had been waiting, and he was
asked practically the same questions the presidente had been asked before him, and
refused to answer the questions asked him. The same
he, like the
process-that president,
is, his arms were tied behind hir , hle was inverted in the same kind of
and kept under Ipssibly a little less time than they kept the presidente.
bucket,
When he was brought up he atfirst (lid not want to talk; hbt as they grasped him
again he said: "Espera, espera! yo habla," and he proceeded to talk-to answer the
questions.,
. How long was le immersed in the water?-A. A lsmt four or five seconds, as
near as I can judge.
Q. Was water applied to the president in any other form than that which you
have stated?-A. No, sir.
Q. By whose orders was this treatment of the prisoners carried into effect?-A. By
the orders of Captain Rtyan.

65

COURTTS-MARTIAL IN THE 1PHILWPPINE ISLANDS.

Q. Did the captain remain in the room during the entire course of the immersion
of the two natives?-A. le did; yes, sir.
Q. To what depth was the immersion of these natives carried?-A. To the bottom
of the bucket-the bottom of an ordinary galvanized iron bucket. (Record, p. 46.)
The testimony of Lieutenant Burnett as to the treatment of the

presidente is corroborated by that of Lieut. P. H. Cameron, Fifteenth

Cavalry (Record, pp. 55-56); Sergeant Hindman, Troop C, Fifteenth
Cavalry (Record, pp. 31-36), and Alfred A. Leckman, late a sergeant
in Troop C, Fifteenth Cavalry (Record, pp. 38-89); his testimony as
to Girneno is corroborated by the same persons and, in addition, by
Contract Surgeon Sieger. (Record, pp. 61-68.) The testimony of the
natives who were subjected to the treatment does not differ materially
from that of Lieutenant Burnett. (Record, pp. 6-26.) Girneno testified that his legs, as well as his arms, were tied, and that he was
made sick by the treatment and, for that reason he was unable to talk;
but these statements are specifically denied by the other witnesses for
the prosecution. (Record, pp. 35, 41, 42, 48, 58, 64.)
Lieutenant 13urnett testified that clear water was used and that
there was no evidence of animus on Captain Ryan's part during the
interviews, and he had never "seen any mistreatment of prisoners by
Captain
Ryan previous to this occasion.." (Record, p. 52.) Testimony
was submitted in behalf of the defense by Lieutenant Burnett (Record,
175-170) to the effect that lhe had voluntarily immersed his head
pp.
in water without any disagreeable sensations; he also saw the treatment administered with similar results to Sergeant itineman, of the
Fifteenth Cavalry. Lieutenant Burnett lnualified his testimony by
saying that the application was not forced, that his hands were not
tied, and that he could have desisted at will from the further operation of the treatment. Maj. P. R. Egan, medical department, gave
similar testimony (Record, pp. 179-184), and compared this form of
water cure to bobbing for apples in a tub of water at Halloween. In
this view the natives to whom the treatment was administered do not
nor wei'e the persons who voluntarily submitted to it examconcur;
ined as to its effects when applied by an enemy for the purpose of
and with no knowledge on the part of the subobtaining itsinformation,
duration or termination.
jectTheas toresort
to
like
described with a
to
measures

those above

view

obtain information, being in express violation of the rules of international law as embodied in paragraph 16, General Orders, No. 100,
assumes the existence of a military
Adjutant-General's
Office,
1863,
as to justify the officer in disobeyand
immediate
so urgent
necessity
the
of
order
which was intended to regulate
an
ing plain requirements
the conduct of military operations undertaken with a view to the suppression of the insurrection then existing in the Philippine Islands
Upon this point Captain Ryan testifies that he reached Jiminez on
June 18,1901; that the normal population of the town is about 11,000
but that it contained but two or three hundred people when he arrived
p. 114); that the town was surrounded on three sides by
(Record,woods
which bordered the plaza, and enabled the enemy to
heavy
reach the suburbs of the town in considerable numbers without discovery.

He also testified that there was no civil government of any kind in

the townl or vicinity at tihe date of his arrival; that there was no organized police force-either insular or mlunicipal--no conllstabulary, afnd
8 D-57-2-Vol 15-42

THIE PHILIPPINE ISLANDS.

no armed force of any kind to support the government save his troop
of cavalry (Record, pp. 115, 116), and that this state of affairs continued to exist from June 18, 1901, when he took charge of the district,
until December 15 of the same year, when a police force was organized. That his troop with the exception of one man, the first sergeant,
was composed of recruits, and that his troop constituted the entire
garrison of the town (Record, p. 128). That a civil government for
the province of Misamis had been organized, or was in process of
or ranization, but its headqtLurters and machinery were at Cagayan: 40
miles distant by water, with which place there were no (conlmunicittions (Record, p. 129), and that prior to Deceimber 1. the date of the
acts set forth in the specifications, the operations of tuch civil government had not been extended to Jiminez or its vicinity, and that public
order was maintained during that period in the western portion of the
of Misamis by the military forces under his command.
province
When asked why the native officials had been arrested, Captain
66

COURTS.MARTIAL IN

lyanl's reply was:

Because that I had been notified the day before that a letter hal been found at
twelve miles south, which implicated all the principal men in my town, I
Tudela,
went there immediately, examined the letter and its translation, and examined an
insurgent major who had recently surrendered, besides four or five others. This
examination convinced me beyond a doubt that the president, vice-presidente, and
all the principal men were in communication with the insurgents. The letter stated
that they had held a junta in August, shortly after Ruf o's return; it also directed
that men be sent to Rufino to receive his instructions, which would be left at the
various towns from time to time. I returned to Jiminez that afternoon, I did not
arrest them until the next Inorning after church, when all were assembled. Then I
arrested all the men who were impli(ited in it, and took the leaders to find out what
instructions they had from RBufino, or as much as I could about their connection
with it. (Record, pp 116, 117.)
The letter found at Tudela was from Rufino Deloso, a former ladrone,
who was the leader of the insurrectionary forces in the province of
Misallis. It bore date of August 26, 1901, and was addressed to the
at LoTlulan; but contained the following general instrucpresident
tions, which were intended to have operative effect in western Misamis:
The officers and the principal men of the towns shall return to their homes and
tlie officers shall present themselves, for I have ( hangeAd my tactics of war. The
three heads of the barrio of Tudela, also the president and other
men,
shall return to their homes and ask for American passes, and when principal
have done
you
this, send Juan Serapio to mel and receive instructions to be left at each town. It
will also be well to have a man atcompany him, so that you will be sure of receiving
instructions. I also order you, if potlble, to send me som money, if not more
thai
$500. I will not ask for any more contributions. Also get someone to bring me
the clothes and shirts for the men left in the mountains to guard the gune. (Record,
Appendix D.)
It would appear from Captain Ryan's testimony tha tt was his purm
pose, in administering the water cure to the native principles, to
ascertain from unwilling and possibly hostile witnsses whether either
of them had been present at the junta in August; whether, at the tine
of the investigation, they, or either of them, were in treasonable corn.
munication with Rufino Deloso; and, finally, whether supplies or
munitions of war had been furnished to the insurrectionary force
and the question is: Did the necessity of obtaining such information
constitute a sufficient emergency to justify the departure from the
requirements of General Orders, No. 100, which was made in order to
secure it?

0OUORTSMARTIAX I

THI

PJHILtPPION

18LANDS.

WeOroe assisted in determining this question by the fact that Captin Ryan reported his discovery to the brigade commander (Recordl
Appendix E), who approved his conduct in making the a arrests and
directed that charges be prepared with a view tohthetrial of the
offenders by a military commission (Record, Appendix F). The
methods resorted to to obtain the confirmations were not alluded to in
Ryan's report, which is attached to the record (Appendix E).
Captin
It is not easy to detelline from the record, but it is assumed, that so
late as December 1, 1901, preventive measures were necessary in dealing with the insurrectionary forces and their sympathizers in the
coastwise towns of the province of Misamis; that punitive measures
were necessary is apparent from the facts set forth in Captain Ryan s
In other words, certain persons who had taken the oath of
report.
allegiance to the United States had furnished aid and comfort to the
enemy and had, by so doing, placed themselves in the attitude of
"war traitors," and had become liable, upon a proper showing of
for the offense of
guilt, to the application of the penalti pres scrlibed
Misariis
100.
in
No.
traitor"
General
war
a
Orders,
Although
being
was oine of the provinces designated by the Commission as )eing:
being in such a satisfactory state of
Fully organized( by legislative acts, and as all
and sufficiently well advanced in (details of civil administration as to
pacification
warrant passing under the civil executive jurisdiction of the civil governor. (G. 0.,
No. 179, Hdqrs. Div. of the Philippines, July 20, 1901.)
The legislation of the comllission in respect to the offense of treason
had not become oplwrative, and the civil courts were without jurisdiction to try persons charged with the commission of treasonlable acts.
It would thus appear that there was a case for a military commiussion. Captain Ryan in his testimony (Record, p. 116), mentions the
finding of the Deloso letter tat Tludela and says:
I went there immediately, examined the letter and its transllation, exalminell an
insurgent major who had recently surrendered,lbesi(de four or five others.
From some or all of these persons it would seem that testimlony
could have been obtained with a view to the trial of the presidcnte and
vi(ce-Tresidente by a military commission. rhe confessions extorted
as a result of the application of the water-cure would not have been
accepted by any lawful tribunal and only served to verify the accuracy
of facts already in Captain Ryan's possession, and, save to establish
the guilty complicity of the two natives, added nothing to his knowledge and contributed but slightly, if at all, to the suppression of the
insurrectionary movement or to the restoration of public order.
The rule of international law which places limitations ulont the kind
and amount of force which milty be used in thel prose'cutioti of military
operations is set forth in paragraph 10, of General Orders, No. 10(),
Adjutat-General's; Office, of 1863, which contains the requirement
tlhat-

Military necessity does not admit of cnielty-tlhat is, the0 infliction of suffering for
the sake of suffering or for revenge-nor of mnailming or wounding except in fight,
nor of torture to extort confessions. It does not admit of the usei of poison in any
way, nor of the wanton devastation of a district. It:admits of deception, but disclains acts of Ierfidy, and, in general, military ne1cesity doa not include ay act of
rrn o ieace unnecessarily difficult.
hostility which makes tete

Hhaving regard to the circumstances attending Captain Ryan's act in

extorting a confession from the native officials of the town1f Jiminez

68

COUTST-MARTIAL INN THE PHILIPPINiR ISLANDS.

I find it difficult to escape the conclusion that it was not justified by

military necessity, and that there did not eXist at the time of its commission a condition of emergency so instant, imperious, and overwhelming in its character as to justify the accused in the specific
violation of the requirements of General Order, No. 100, which was
made the subject of charges and specifications. It is nlot easy to asce'tain the point of view of the accused in this case, and the same diffiwhich have
culty has been experiencedforin dealing with similar iscases
examination. There submitted with
Wben referred to this office
the record a considerable body of testimony, most of it documentary,
the purpose of which seems to bt, to show the methods resorted to by
the insurrectionary forces in the prosecution of military operations.
The persons accused manifest rear and considerable concern that the
authority should be informed of the acts of barbarity which
reviewing
were occasionally Inflicted upon individual soldiers of the American
Army who fell into the hands of the insurgents, and which were habitually practiced upon such portions of the native population as manifested a disposition to submit to the sovereign authority of the United
States.
In his defense, Captain Ryan says:
This was the case presented to Iny IindtIl. It was a case in which I, anll I alone,
as colmman(ling officer on the ground, must decide up1.on. Upon investigation, I
honestly believed miy command in )ril andt that these officials knew to what extent.
I felt it my duty to know fronl their
own deceitful tongues the exact situation, and I
felt that, in acquiring this information in this manner, I might expect to inspire in
their cowardly hearts a realizing sense of their crimes, and thereby not only protect
ourselves, but instill into them some needed respect for us,
Who would excuse e efor my failure to probe this treachery to the bottoxmi, if by
neglecting it my little command had met with disaster? Who would be blamed if
disaster followed upon the heels of my negligence? The very people who have been
holding me up to censure for what I have done would, in such contingency, and by
no means a remote one, be condemning me for not knowing the first lesson of a
soldier. Only my own death with miy men would have hushed criticism. It was
net my lot to have to steer between the Scylla of treason and the Charybdis of
neglect of plain duty.
To say that under such circumstances as these the ducking of the president's and
heads into a pail of water was unlawful is to nmy mind crying out
vice-presidente's
for
to) find a law to fit this case is like
law where there is no law.
Trying

looking

r and sorme allege that he is, but experts

insurrecto ini the brush. [ie lmay be there,
can not find him. If any law on tnts subject is in existence, experts in the law can
inot find it.
Now, comparing the punishment which could have been, and which in my opinion should have bee-n awarded these traitors with the so-called punishment I caused
to be inflicted uIpo them, and what do you find? That the arrested natives could
have been legally shot or hung.
I know that these men, thetheir cooperation with me, could have led to the capture or killing of this outlaw and his band within a week after his landing in\Jeminez, and thereby have savedmey soldiers and myself long night marches through
swamps and thickets, sleepless nights in wet clothes, and days on sick report with
fever and sore feet, to say nothing of preventing a number of assassinations of American soldiers.
What would the insurgent general, their real chief and ruler, have done to them,
had they committed the same offenses against him or his command? You know, as
their records show you. They would have been assassinate by the "verdugoes"
or executioners, employed for that purpose, and they knew it full well. (Record,

an

Appendix T.)
*

I could not inspire into their dark intellects the same fear to make them loyal to
tme and to my Governrment as ie wouldd to make the loyal to him. The result is
of the two parties, and events
simple; they tsok their chances with the less rigorous
have proven that their retaso)ing wtH co rrect. I (1o not hesitate to state that so long

69
for. The Filipino
over his real

(aOURTS'MARTIAL IN THE 1PHILIPPINE ISLANDS.

as ts
mthee
metods are pursued, the same results may be looked
will delight in all outward show of Americanism and gloat inwardly

loyalty to insurrection.
But this could not stand between me and my duty. They were traitors still and
always will be; they are unpunished still, and they are American officeholders still.
The blanket of charity has been thrown over all such, but no charity is extended to
the American soldier. The Arrierican youth learns from his mother's knee that
treason is the most heinous crime that a man can commit against his country. Are
we to change all this? Is this lesson to be unlearned because an officer's loyalty to
llis country has caused the enemy harm, in saving his command from treachery?
If this class of traitor is allowed to go free and is used to prosecute the loyal
American army officer for discovering and bringing to light this treason, then well
may the earnest, faithful officer feel discouraged. If subject to secret " privileged "
attacks from men untrained to wars, demands, and coalitions, well may he feel that
all the principles taught him must be unlearned when these whispers are made a
basis of serious charges.
I feel a debt of gratitude to the convening authority of this court for bringing my
case before such a jury of my peers. Whatever your decision may be it will be
accepted without mlurmiur, for I have no fear as to your judgment as to miy military
coxnduct.- If you believe and so declare that I, in ducking these traitors to get information, under the conditions presented to you in this case, have committed an
unlawful act, then I shall humbly bow to the inevitable, and shall feel that it is the
conscientious opinion and mature judgment of 12 officers, and that it is entitled to the
respect of all men. (Record, Appendix T.)
*

While I am perfectly satisfied to undergo punishment or criticism where brother

officers award either, yet I am anxious to avoid causing injury to our younger generation through a misunderstanding or misconstruction in my case. I feel now and
I have always felt that my acts and all of mly acts of December 1, 1901, as they
affected the parties named in the charges against me were not only legal, but that I
was fully justified in performing them. 1 thought I was performing a sacred (duty,
and I still think so.
If you, after such deliberation, decide that the powers of a commanding officer of
a detachment are to be curtailed in any respect from the construction I have
announced, 1 think you should make it perfectly clear so that another wlho may follow me will not go astray in the conscientious performance of what he regards his
simple duty.
plain,
Your decision will have a far-reaching effect; it will affect more than me in its
operation; it will tell every army officer and every soldier in our Army that they
will be supported in the future as in the past in the honest execution of their orders,
or new ideals must be established yet unknown to our service that will require
another insurrection to demonstrate whether they deserve a place among tle laws
and customs of war. (Record, Apwlndix T.)

The answer to this is that the laws of war justify the infliction of
the death penalty in certain cases, but forbid the infliction of torture
or the im)positi;n of lesser corporal penalties. It is conceived that
cases may arise in which force has to be applied to an individual to
obtain infohalltion or assistance, but in which the taking of his life
would defeat the purpose for which the information is sought. 'A,"
for example, a resident in the enemy's country, knows the location of
a ford, and is the only person available who can guide at column of
troops to the place of crossing. If "A" is killed an important movement may be made impossible, and, in such al case, the use of so mLuch
force as will effectually coerce 'A"tto guide the command is justifiable.
'B hlias concealed a large quantity of grain and has sent his s'lervanits to
a point at some distance from the line of marchh, so that he alone knows
where the grain can be found. The grain is necessary to enable a
command to make a forced march. If B" is killed no grain is forthcoming, and here is a case in which the useof force to compel "B"
to disclose the place where the grains is concealed would be justified.
But each case must justify itself by attendant circumstances of
emergency of sufficient importance to establish a military necessity.

70

OOTUTS-MARTIAL IN -THE PHIIMPPINE ISLANDS.

In the case under examination Captain Ryan's command had no orders

to do more than protect itself. That it was able to do that at all times
is not denied. He had no orders to execute, no policy to carry into
effect, no operations to carry on which hle could not safely undertake
with the force under his command. He was surrounded by natives
who professed allegiance to the United States, but whose sympathies
were with the insurrection and who actually aided those who were
inl the insurrectionary operations. By the application of
employed
the water culre he was able to verify the accuracy of knowledge already
in his possession, but which he did not need to put himl oin his guarId
and which did not materially imperil the safety of his command. In
with a treacherous enemy he found it convenient to extort a
dealing
confession by the use of illicit force, but this does not justify his resort
to torture in the specific case set forth in the charges and specifications,
which was the issue referred to the court for trial.
The findings of thel court were as follows:
Of the tirst speification, "Not guilty."
Of the second SHp1cification, guiltyty,"' except the word ''nlawfully,'
u
attaching
no criminality thereto, and of the excepted word " Not guilty."
Of the charge, Not guilty,."
a verdict of acquittal was reached and formallyentered
Whereupon
the
record.
upon
The case was not vigorously prosecuted, and the court allowed the
accused at very wide lattitudle in the presentation of his defense, going
so far ss to permit the introduction of clearly irrelevant matter relating to transactions which were foreign to the issue as set forth in the
referred for trial. Its action tinaticquitting the accused amounts,
charges
in substance, to a decision that the use of force 1in the form and under
the circumtrstances set forth in the record is lawful. In this conclusion
the Department can not, in my opinion, safely concur. No modern
State wNlich is a party to international law can sanction, either expressly
or by a silence which imports consent, a resort to torture with a view
to obtain confessions as an incident to its military operations. If it
does, where is the line to be drawn ? If the "vwater cure" is ineffective, what shall be the next step') Shall the victim be suspended, head
down, over the smoke of a smoldering fire; shall he be: tightly bound
and dropped from
a) distance of several feet? Shall 1he bebeaten with
rods? Shall his shins be rubbed with t broomstick until they bleed?
For all these, andt more, have been done dtuing the Spanish domination in the Philippine Islands, and the temptation to revive them, under
circumstances of suftiien1t provocation, imany proveC too strong to be
resisted. Again, suppose a native to die under an unusually vigorous
of the ' water cure," how is the incident to le explained
administration
to the satisfaction of the American people? But it seems hardly necessary to pursuedthe subject further. I he United States can not afford
to sanction the addition of torture to) he several forms of force which
1may
1be legitimately tempnloyed in war, and it is, therefore, recommended that the proceedings, findings, and acquittal be disapproved.
Captain Ryan is anl officer of excellent character, of tried capacity,
and proved courage. His standing in the service is high, and his repurs is
tation among his brother offi of
the best. The organization of
a civil government for the province of Misamis had been begun, but
its operations had not been extended to the western coast, where, for
a period of six months or more, C(aptain Rtans collanl
wastl the only
"

COURTS-MARTIAL IN THIE PHILIPEINE ISLANDS.

71

the Government of the United States which was

representing
of
order. To the success of his endeavors in this
maintaining
capable his
bear
superiors
regard
willing testimony, and the act which has
made the subject of charges seems, in the light of the
properlytobeen
record, have been the only one to which exception could properly
be taken. It was this fact which impressed the court so strongly in
his favor, and from what has been said it will, I think, be apparent
that there is every reason to believe that the court, if the case were to
be returned to it for revision of its findings, would adhere to its original
determination.
As civil order has been restored in the Philippine Islands, and there
seems to Ib no further occasion for the employment of military force
in the maintenance of the
and for that reason for the continued
force

peace,
application of the laws of war, it is believed that the public interest

by such a disposition of the case as has already

GO.Eo. . DAVIs,
Very respectfully,
J/uqlIe-Adlvocate- General.

will be best served

been recommended.

Report of the Jula/fe-Advocate- General in the case ef First Lieut. W1iliam 8. Sinclair, Twentty-eigzhtht U.S.infantry.
First Lieut. W. S. Sinclair, battalion adjutant of the Twenty-eighth
was tried for violating the sixty-second article of war.
Infantry,
The specification alleges that while administering military discipline
to Private Edward (C. Richter, Company I, Twenty-eighth Infantry, a
prisoner in the guardhouse in a drunken condition, he caused the hands
and feet of said Richter to be tied, and directed that cold water he
thrown in his face, and caused a gag to be placed in his mouth, which
treatment resulted in inducing violent and partially obstructed vomitpart of Richter, from the effects of which he died.
ing on the
This at J.Dsmarinas, Cavite Province, island of Luzon, between the
hours of 10 o'clock p. n. February 8, 1902, and 12.20 o'clock ai. m.
9, 1902.
February
The accused pleaded not guilty, but admitted that while administering military discipline to Richter, who was a prisoner in the guardhouse in a drunken condition, he caused the hands and feet of Richter
to be tied and directed that water be thrown in his face, and, as a further measure of discipline, caused a gag to be placed in his mouth.
Sergeant McDermott testified that, under the superintendence and
direction of the accused, he gagged Richter by holding-a-piece of
towel over his mouth for ten or fifteen minutes. Richter was a
pris-

guardhouse awaiting trial by general court-martial. In

the guardhouse were several other soldiers, who, like the deceased,
were more or less under the influence of liquor. Shortly after 1
o'clock on the night of February 8, 1902, the accused came to the
and the deceased said ,' Here comes that c-:s--guardhouse
now." The accused ordered him to keep stil,
s- of a bbut the deceased persisted in the use of this language. Accused then
directed that he e taken from the guardhouse and tied. Deceaed
still persisted and the accused orderedterhth after be thrown In hi
face.i While this was xeing done, deceased said,:' Keep it up, that
oner in the

72
:COURTS-MANTIAL IN THE PHILIPJP:E ISLANDS.
it wIs"'a good bath he was getting." Deceased still persisted in
and the accused ordered him to be gagged.
talking
As soon as the gag was placed the deceased began vomiting, and
witness said he pulluedthe gag to one side when deceased vomited, but
there was partial obstruction to the vomit. (Record, p. 6.) Witness
was examined closely upon this point, and when asked later whether
the vomit was partially obstructed, he said: 'No, sir, I would pull
when he would vomit." (Record, p. 8.) Witness
the rag to one side
was later asked the question: "When he tried to vomit, did you use
force to prevent the vomit being ejected," and answered: "I
any,ved
the towel to one side to give hiiii a chance to vomitt"his (Record,
:,
p. 9.) When the gag was on deceased breathed through nostrils,
and when he tried to vomit witnes!i released the gag to give him an
in this connection,
ws
opportunity. (Record, p. 11.) Witnes wassked,
how a man suffered by having a gag held over his mouth, and replied:
"4It is almost enough to smother himn by having his breath shut off,"
Accused did not tell witness what kind of gag to lut on deceased and
witness simply used a towel. ' I put it, right across his mouth," holding it over his mouth ' with my hIand."
: itness said he supposed the vomit was caused having the breathing parts stop(1)ed and the whi.Sky or liquorhe had in him would
by
make himl sick enough to vomnlit. (Record, p, 9. )
Witness said he did not order a imemberl of the guard to get a stick
with which to gag the deceased, but a member ofththe guard had ainstick.
the
Before deceased was gagged he called on
other prisoners when
and
that
come
told
witness
The
accused
p him.
guardhouse'to
take the gag off. Witness thought these measdeceasedd was quiet tohell
ures were extreme, under the circumstances. -" The gag was held on
too long." (Record, p. 11.) There was a little over a quarter of an
inch of the gag in deceased's mouth, but the gag was never tied on the
deceased. Witness personally held the gag on the deceased all the
time, which was, as witness thought, al:bout ten minutes. The lieutenant then said;t" I guess he is quiett" and witness understood this to
mean that the gag was to be removed, and lie took it off. (Record,
6 and 13.)
pp.Richter's
witness the impression that he was sick, but
vomiting
gave
the
did
not
remove gag, because he was not ordered to do so.
witness
was
When the gag removed tlhe deceased was unconscious. In about
five minutes he was untied and taken in and was put on his bunk. At
this time his heart was beating, but he was unconscious still. About

half an hour after the gag; was removed Corpoial Weiss told witness
that lie believed deceased was dead. Witness notified the accused that
the Jman was cold, after placing his hand upon his forehead. Accused
then went for the doctor, who, when he came, stated that the deceased
had been dead quite a while. Accused superintended all the disciplinary measures used and appeared to be calm and without angei when
guardhouse.
he gave his orders.if One other prisonereevomited intothecontinue
in his
allowed
Witness said that the,deceasedhdhad
taken
and
it
insubordinate manner, some of the others would have
up,
In
a
hard
"4
was
that the deceased
case." (Record, p. 12.) no
pretty
his
deceased
restraIiini
other way, except by
power of speech, could the and
vile
from
indecent
have been prevented
an(l
language call
using
12.)
and
11
for
ing help. (Record, pp.

i;ISLANDS.
Private Horn testified that shortly after taps the accused came in
th guardhoe
and, seeinseveral prisoners standing in the corners,
gua
don't
you lie down; it is after taps." They did not heed
said, and
"Why
out deceased began using profane
this, as soon asthethe accused went
then ordered him to be brought
toward
accused, who behind
language
him and his legs together.
out and tied. His hands were tied
for
the prisoners in the guardwas
the
deceased
During this time
calling
ime." (Record, pp
are
and
out
to
they
house "Come
help me;
killing
in the deceased'
thrown
water
ordered
then
and
14, 16,
17.) Accused
face. The water was so cold "that you could hardly drink it."
(Record, p. 15.) This was kept up for quite a while; then the deceased
COURTS-MARTIAL In THE PILIPPlN

was gagged.
From the time he was ordered gagged until I went on
judge, ten or fifteen minutes. (Record, p. 1.4.)

post was about, 1 should

Witness saw the deceased when he tried to vomit, but the gag was
not removed, and his efforts were accompanied to some extent by
muscular action. Witness testified that he saw the gag. "'The serheld it diagonally across the breast, like, and his hands were about
geant
or
8 10 inches apart." (Record, p. 15.) After the deceased was tied
he was lying down, and the sergeant was diagonally across his breast,
"somewhat lying on him, and held the stick diagonally." Witness
could not see the color of the stick (Record, p. 19), but he stated to
the officer who investigated the case that a stick of wood three-fourths
inch in diameter was used to gag the deceased. (Record, p. 17.) Witness thought that the accused displayed anger at the time he ordered
the deceased out of the guardhouse. (Record, p. 16.) During the
time deceased was being tied witness heard him use violent and insubordinate language to his commanding officer and the sergeant of the
guard. (Record, p. 19.) After" the deceased was gagged witness
went away, because he said he thought it was not right to do a soldier that way." (Record p. 18.) The disciplinary measures 'used to
the deceased seemed to witness to be severe. .lie said, I have
quiet
not been in the service long, and it did seem cruel to me."
Corporal Weiss testified that after all the men in the guardhouse,
who were making a noise around the water can, htad :ben ordered to
bed twice, the accused came in and ordered them to bed. As soon as
the accused went out they all got up again and, "I think it was
Richter who said, 'What do you want here, you son of a bitch.'"
(Record, p. 20.) Accused ordered him to keep still, but deceased did
not obey. He was then, by direction of the accused, taken out and
tied. "Ile was cursing very loud, but 1 could not see much." (Rec"1 heard him call the lieutenant a dirty c --k
ord, p. 20.)
son
of
a )---h, and told him he was no good and never
s--.3-g
would be any good while he was in the company." recordd, p. 23.)
Accused ordered water to be thrown in deceased's face, and then to i:w
heard the deceased vomiting after the order for
gagged. theWitness
placing gag had been given (Record, p. 20), and later when witness first saw deceased close, the latter was lying so still on his bed
that witness remarked that he thought he was dead. Sergeant McDermott looked at him and went for the accused, who, when he came,
"looked at him and thought he was full with alcohol, or something
that
(Record, p. 22.) Accused then went for the doctor, and

wayv"

when the latter came he said " the man had been dead for some while,"

74

04URTS'MABTIAL WN TBHE P1HILIPPINE ISLANDS.

(Record, p. 22.) Witness heard deceased call to someone to come out
and help him. (Record, p. 23.) Accused did not show any signs of
anger (Record, p. 21), and was always calm when he gave an order in
to deceased. (Record, p. 22.)
regard
private Hovey testified that they " were having some trouble in the
guardhouse after taps, and Lieutinant Sinclair came in and ordered
theml to go to bed and be quiet, but they did not heed." 1)eceased
cursed the lieutenant, and he ordered us to gett ia can of water, an(d
tilme he hollered to throw a cupfit l in his face, which I did;
every
then after things quieted down, the (oderl was given to gag him. i
stayed there aI)bout twenty minutes, andl went to sleep again, but wa.s
called up agtinl to take him to the hospital; he was (lead."' (Record,
p. 24.) After the gag was placed, deceased tried to -vomit. "He
tried to: vomit. but thie gatg was in his mouth, and he could not."
p. 24.) Witness did not see the gag, and did not know what
(Record,
was used for a gag, but saw "on' e of the privates go over to the wood
pile for a stick, and he calmet back with a stick (Record, p. 25) about a
foot and a half long." (Record, p. 30.)
The gag was held in place by the sergeant with one hand, but witess coulYd not say whether a stickk or towel was used. (Record, pp. 29D)ecesed '"would twist his head around as if the wanted to
30.)
vomit." When witness left the quarltelrs to go to sleep, deceased "was
l e seemed to me as if he wanted to get his breath."
struggling.
" Ie wanted to vomit, but could not on account of the gag )being placed
in his mouth." (Record, p. 27.) It seemed to me like if he kept on
much longer it would prove fatal. lHe was breathing pretty heavy
whle I. left him." (Record, p. 25.) D)eceased did not succeed in
was there. He could not see deceased's face
vomiting while "witness
very llainly. I saw him moving around trying to vomit, and move
sure
his tlead so he could throw up." Witness wts asked: "'Are you
j'
or
out
of
his
mouth
nose
don't
no vomit came
" and answered, I
know." (Record, p. 29.) Witness saw the gag held on for an hour
(Record, p. 29), and when he left to go to his quarters, about a quarter
to 12, deceased I was still gagged." (Record, p. 25.)
While deceased was lying on the ground and water was being thrown
in hills face, witness heard him make some remark about.something he was going to tell on Sergeant McDermott; he told him he would
Lieutenl on him the first chance ihe got; then he passed some remarks about
squ
e was ino
and told him he had no busih
ant Sinclair. * * * le told hi
-

good,

lnes around Comtanyv ; he called llim all the son of bitches he could think of,
and said that if Lieutenant Sinclair had not been there nobody would
bastards, etc., the
have been in
guardhouse. (Record, pp. 26 and 27.)

Deceased alsohollered for Private Hall, in the guardhouse, to come out and help him. * * *
He hollered for help when they brought him out, and when he wa tied le hollered
a little. (Record, p. 28.)
Witness said he threw water in the deceased's face for about twenty
minutes. ' Every time he would holler or say anything, I would
throw a dipperful on him," and all the water struck deceased in the

face. (Record, p. 30.) Accused seemed quiet in manner when giving

his orders. (Record, p. 26.)
Private Matulis testified that he came off post on the night of Febrary: 8 about 11 o'clock, and about thirty minutes later he assistedinl
carrying deceased into the guardhouse. (Record, p. 32.)

75
OCOTRTS-MARTIAL IN Tu[ PtIlXtl
"P l Ti''AN^S.
After I got ack from pot, I found Lieutenant Sinclair!s t 5i r f
the
and I then put up my u on the rack and st down o th: chair, and
guardhouse,
ir a little while
sergeant Mcl)ermott called me outside to ary Privt iter
inside. So I came cloetro himr, and Sergeant McDernnott told te to move his bxly
to one side so he could ulntie hi hands and legs, and I untied one hand and Sergeant
McDe rmott the other. Private Link took hold of his legs, and we iarrie him inside
and put him on the bunk. Then afterwards I put a blanket on him. Then afterwar(s I went inside and went to sleep on a bunk and knew nothing further.
ord, p. 31.)

(Rec.

While deceased's hands and legs were being untied he showed no

signs of life. " It was night, and I paid no attention and could see
nothing." IDeeased was not breathing. "His hands dropped and I
He
could see no more, anId I was not thinking about his breathing.
was limp and "his head thrown way bacfand his mouth was open."

(Record, p. 31.)

I did not think there waH anything wrong with him until the doctor (cme and
I never thought about his being dead. * * * I
was dead. * **
thought he was dritSk. HI d tank anything he could get hold of, and would drink
every (lay if he cotl(lgeft.it.

said lhe

Witness did not know what had been done to the deceased. (Record,
p. 32.)
Dr. Bona, assistant surgeon of volunteers, testified that between
12.20 and 12.30 on the morning of February 9 accused informed him
that a marn at the guardhouse had been drinking and needed medical
attendance. (Record, p. 37.)
On examination witness became convinced that the man was dead;
but bhe did not at this time form any opinion as to what was the cause
of death. (Record, p. 84.) It is difficult to say how long he had been
dead.

e3 probably had not been dead an hour, nor for a half hour; probably not miore
than between ten minutes and a balf an hour. It is imposible to state. (Remrl,
I^.

34.)

A post-mortem examination was held between 9 and 11 o'clock on

the following morning.
The
was only fairly well nourished. It enabled me to decide that Private
Richterbhdly
came to his death or his death was cauedl by collapse of the lungs. There
werie no marks of violence on the bo:ly except cord marks about the writ. * * *
On opening the tldy the intestines, heart, river, and stomach were found to be in a
normal condition, only stomach very lightly congested. The lungs were in a collalsed condition and of a dark, venous color. Tke right lung did not ocumpy more
than onefourth of its portion of the thorsacic cavity.

Tis lung was adherent along its entire backward surface to the chest wall. Tlese
adhesions were very strong and prevented the removal of the lung intact. The hlng
tissue was removed in sections. It was found to be almost completely collapsxE.
The air cells zo longer contained air. This lung tieue was friable and resisted pressure. Near thebate of this lung was a snall nonactive tutberular patch, further
indicating that the lung had at time past been disease an(d was not in a normal co*ndition. The right ltng was only collapsed in portions. The trachea from about l
inch above thel bifurcation downward was congested. The membrane lining the
bronchial tulbs to thle
air a_Lages wasmongeteld. These tutbe were filled with
The air cells of the lung were also fille with this muus,
frothy, blooxiy lucus. mall
which readily dripped from the cut surfaces of the tissues. On raping this meuus
from the membrane lining the air tubes, the membrane was found to bte a dark color.
This condition existed about 1 inch
into the trachea This mucus was a semifibrous (cnsistency, and had prevented the air from reaching the air celte, thereby
causing death. (Reord, p. 35.)
This condition of the lungs was brought about
ome violent irritation to the
membrnle lining the air aes. The collapse ofby
the lungs was the cause of death

760

OOURTS-MARTIAL

IN THE PHILIPPINE ISLANDS.

and this collapse was due to excessive secretion of muclus, the result of congestion
of thenlembrane lining the air passages. The congestion of the air passes was
caused by the entrance of some foreign substance that irritated these membranes.
(Record, pp. 37 anI 38.)

The most probable cause of death was the entrance of stomach contents into the air passages during vomiting. "'That could cause the
conditions I found in the lungs. I can not account for that condition
in any other way." (Record, p. 39.) The condition of the lungs could
have been brought about by vomiting against the mouth firmly closed;
but nothing in the post-mortlem examination seemed directly to indicate this.
I did not not recognize sny stomach cotentnts in the lungs. (Record, pp.3, and
36. ) Death (lid not occur at once after the entrance of this vomitus into the lungs,
and any foreign substance would have been coughed up, but the irritation to the
cause
membrane lining
,

delicate

gestion.

(Record, p. 36.)

the air passages would remain and

the resulting con-

These conditions could be produced in a man whose air passages and

were perfectly normal. The deceased s death did not seem natulungs
ral from the post-mortem examination. "These changes were too
violent to be caused by disease in so short a time." (Record, p. 36.)
Before the post-mortem was
r held, witness was not acquainted with
the circumstances of the deceased's death, but "knew there had been
a struggle and he had been punished, but I did not know the details,
and hadt no idea as to the cause of death before examining the lungs."
(Record, pp. 36 and 37.) Witness was of opinion that something from
the stomach entered the air passages at the time of the gagging and
contributed to the man's death. "There was considerable blood and
mucus in the lungs. I could not say that it was from the stomach."
(Record, p. 37.) Witness, upon being asked if it was possible that
the man died from other causes, said:
I do not know of any other cause of death. As the condition of the lungs was
I eontiune
cause of death , dtii
not
thepostmortem, I did not examine the
ample
the brain. (Record, p. 38.)
It is possible that the irritating suNltance may have entered the air passages front
some other source than the stomach. (Record, i. 39. )
Witness did not notice any odor, or other conditions about the body
or clothing that might indicate that the deceased had been vomiting
to his death. (Record, p. 36.) He did not think that a gag
previous
in the nature of a towel introduced in the mouth freely entering t the
tent of 1 inches would induce vomiting, unless the gag would irritate the back part of the mouth, and to do that it would have to extend
back into the mounlth at last an inch and a half. (Record, p. 38.) 'The
did not indicate that death was brought about by alcopost-morteml
holism. (Record, p. 37.)
Anthony Brogan, a teacher of English living at Dasmarinas, was
called by the defense, who testified that on the morning of February 1
he had ta :conversation with Dr. Bonar relative to tie death of the
told witness that a private had died during
deceased, anld1Dr. Bonar
the night from effects of being gagged. The doctor did not directly
suggest the possible cause of death but said he thought the gagging
of the man had something to do witflitit He did not suggest that he
had been strangled. (Record, p. 41.) The conduct of the company
of infantry stationed at Dasmarinas toward the people of that (comlmunity was pretty bad. "During the last week it has beue pretty
good, but before that it was pretty blad'

OOURTVSMABTIAI,

IN THE

PLLUPIN3 iSLADtb

McDermott was recalled by the defense and testified that

Sergeant
the night in question six Americans and one native were in the
guardhouse. There were portholes in the side of the church, where
prisoners were confined, through which liquor from the outside might
be given them. The prisoners were a bad lot of men, and deceased
had given his company commander a good deal of trouble. Witness
had known accused about five months and his attitude and disposition
toward the men of the company was good. Accused never, personany of the men.
ally, abusedChristie
testified that the character of the men of Company
Sergeant
I was not good. "They are a very tough element," strongly addicted
to the use of liquor, insubordinate, and disrespectful to their military
superiors. Deceased caused more or less trouble all the time. (Record,
p. 44.)
Captain Edwards testified that he was in command of Company I
from August 25, 1901, until February 5, 1902. This company "were
the poorest lot of soldiers I have ever served with or seen in service.
Some of the lmen witness considered desperate characters. He considered the deceased "a low, worthless character; a drunken man tand
thoroughly unreliable." Onl Februarv 2, 19J02, witness saw deceased
going up the street and thought he wtas under the influence of liquor.
He presented a very disreputable appearance, and witness ordered him
back to his quarters in arrest Later on deceased came to wittess',4
quarters,it. and asked why he had been placed in arrest and protested
on

against

His manner was insolent and insubordinate. I ordered him sharply two or three
times to stop talking and go back to his quarters, which he finally
* * *
A few moments later I had occasion to go into tlhe quarters occupiedolbeyed.
and
Richter,
by
he came up to me and started to talk to me in an insolent and insubordinate manner
I then ordered him confined to the guardhouse, and the corporal of the guard, being
near by, I turned Richter over to him. I then left the quarters and as I was going
out Richter shook his fist at me. Of this last fact I was not an eyewitness. I was
informed of it later by an officer standing near, who himself saw it. (Record, p. 46.)

Witness had had conversation with another officer in the

relative to the possibility of this company rising in mutiny. company
Accused
was under witness's command from the 21st of December, 1901, until
about February 5, 1902. He always found the accused an excellent
officer in every respect, fair and just in dealing with enlisted men.
He was temperate in his manner toward enlisted men, and witness
never saw him lose his temper. (Record,
46.) Witness said the
character of Private Hall, of Company I wasp.very bad. " On the same
Sunday that I confined Richter, 1 confined Private Hall for stealing
cartridgesffrom the company storehouse." At the trie he (Hall)
was
was shot by a member of the guard who had been sent out
lie
onfined,
to arrest him and in whose charge he had been placed. (Record, p. 27.)
Accused took the stand in his own
andi his testimony is contained in the record. (Pp. 47-52.) defense,
His testimony, in the main, corroborated the statements of the witnesses for the prosecution with reference to the deceased cursing, and
in regard to his being tied and gagged by direction of witness. Witness said, after ordering deceased gagged:
I went ten or fifteen paces to the left from where Private Richter was
and
never came near him until he became quiet. It w a very dark outside the tied,
quarters^
and I saw nothing that took place between Private Kichter and the guard. (Record,
pp. 4-50, )

78

0OURTS*MRBTIAL 11N THE PHILIPPINE ISLANDS.

Witnes was aware that h$s orders were being carried out, because
deceased ceaed his violent language. After the gag had been applied
witness heard deceased trying to swear, but it was so muffled it could
not be interpreted. Witness heard noise that led him to believe that
deceased was trying to vomit, but witness did not order the gag
removed, because "Sergeant McI)ermott ahaad
previous service, ana
I considered him one of the best soldiers f the
he company and had confidence in him." When witness heard deceased vomiting he thought
the gag was removed to allow him to volnit. "I thought it had been.
It seemed to me that I heard vomit dropping on the ground." (Record
p. 51.) At these times, when tl)e gag was evidently off, deceased did
not attempt to .use further abusive anguage, and witness was asked
why he continued these dl:i plinary measures further, and replied: ' I
simply wished to have the ,;an quieted thoroughly before I released
him." (Record, p. 51.) My orders were, ''When he has become
quiet, you can remove the g g." (Record, p.52.) After the gag was
removed, deceased was left tied, and witness s instructions, upon going
to bed, were: "If the prisoner continues quiet, have him put in his
cot." (Record, p. 52.) )Deeased was not gagged over fifteen minutes
at the extreme. Witness had seen deceasedmake Iis fist at Captain
the commanding officer of Company M, on February 2, at
Edwards,
the time `;" he was having trouble with Private IHall, who had beer shot
twenty minutes before." (Record, p. 50.) The prisoners in the
guardhouse seemed drunk and sulky.
When they were separate they, as a rule, obeyed orders without question; but
are a lot of men who drink a great deal, and when they become under the
they
influence of liquor I have never seen a meaner lot of men, us a whole. (Record, p. 51.)
The court reached the following findings:
Of thie specification, " Not guilty,"
Of the charge, "' Not guilty."'

in the Third Separate Brigtd, Brig. Gen.

e.
F. Bell,
T'he case arose
at
of
the
which
trial
was
time
Lieutenant
Sinclair's
commanding,
in
the
in
forces
the
l)rovoperations
engaged
against insurrectionary
ince of Battangas, island of Luzon.
The proceedings having been regularly acted upon by the lawful
convening authority, his power in that regard has been exhausted; as
his jurisdiction as reviewing officerI is exclusive, no right of appeal
exists to higher military authority. As Lieutenant Sinclair has once
been tried, he is not liable to a second trial for the same offense.
Very respectfully,
G o. 13. I)AVIs,
Judqie-Advocat-aGeneral.

IRe)7orts of inestgatis regarding the death of iat/1wr Auqgutnle deI( la

l'ena, atnd o)iI ion of the Attotrey-. CGeneral (aI to trial f(C,6ndiewi

.l . Brolwnal therefor.

NOVEMBER 17, 1902.

The SEC:RETARY OF WARC
Sill: In conformity to your written instructions of September 18,
190O2, 1 have the honor to submit the following report upon the case
of Father Augustinede la Pena, which was communicated to the President on September 6, 1902, by a committee of which Charles Francis

79
IPitLIPPtNEZ ISLANDS.
Adams,
esq., was the chairman. The committee's letter of September 6, 1902, together with an earlier communication on the same subbearing date July 23, 1902, with their inclosures, are attached as
ject
exhibits A to E, inclusive. The following are the instructions under
which the inquiry has been conducted:
OOURTS'MARTIAL IN THE

Respectfully referred to the Judge-Advocate-General of the Army with instructions

upon Mr. Charles Francis Adams and his associates to furnish him with any
evidence in their possession showing the commission of the crimes described in these
letters by officers or men of the I. S. Army, and if in any case the charges shall
appear to be well founded, to take proceelinpg to bring the offender to justice.
If in any case the charges appear to be well founded against a person who has
become separated from the service, such case is to be rel)orted to the Secretary of
to call

War for reference to the

Department of Justice.

Immediately upon the receipt of the foregoing instructions the following letter was addressed to the Hon. Charles Francis Adamts:
I am directed by the Secretary of War to acknowledge the receipt of your letters
to the President of July 23 and September 6, 1902, which have been referred to him
for administrative action.
With a view to such action he desires me to request that you furnish the Department with any evidence in your possession showing the commission of crimes by
officers or enlisted men of the Army in the Philippine Islanlds, or which will tend to
establish the existence of the irregular or unlawful practices which were made the
subject of representation in your letters to the President. The favor of an early
reply will be appreciated.

Under date of September 25, 1902, the following reply was received
from the committees attorneys, Messrs. Moorfield Storey and Julian
Codman, the receipt of which was duly acknowledged:
Mr. C. F. Adams has referred to us your letter of September 20 with the request
that we furnish you with such evidence as is in our possession of the facts relating
to the death of the Roman Catholic priest mentioned in the committee's letter to the
President of September 6.
In accordance with this request we inclose copies of affidavits of William .J. Longe,
Walter H. Snow, Albert L. Cross, John J. Bresnahan, and Ralph 1. Baker, all at
the date of the offense charged privates in Company 1) of the Twenty-sixth U. S.
Volunteers, and also their addresses at the time the affidavits were taken.
Other material witnessesl, o f whose whereabouts we are not informed, are mentioned
in the affidavits. .Sergeant Woodside was a short time ago employed in the Boston
and Private Labelle, who, we are informed, has some knowledge of the
post-office,
facts of the case, was at that time living at 12 Sheppard street, Lynn, Mass. ,Captain
Brownell lives in Burlington, Vt.
We send also under a separate cover a pamphlet containing the fact.i in several
other cases, marked in red pencil, which would sefen to require further investigation.
Copies of the affidavits above mentioned, together with a printed
pamphlet which was inclosed as a part of the committee's case, are
attached fereto as Appendices D and L, respectively.
it will be observed that the charges relate to acts which are alleged
to have been committed by officers and enlisted men of Company
D of the Twenty-sixth Regiment ofU . S. Volunteer Infantry, an
was mustered out of the military service at San
organization which
on
13, 1901. As the organization n rolls of CornMay
Cal.,
Francisco,
pany D, which are on file in the Department, show the place of enlistment of each of the officers and enlisted men who were members of
the company at the date of its muster in, it was determined to send

Col. fEdwarfd Hunter, of the Judge-Advocate-General's Department,

to the locality in which that organization
was recruited to conduct an
investigation among such of the offic-ers and enlisted m en as could be
found in or near the places of their original enlistment. Colonel
Hunter wis furnished with detailed instructions which fully outlined

80
COUBRTSMAHTIAL IN THE PHILIPPINE ISLANDS.
the field of his inquiry. As it seemed desirable that each witness should
be examined under
circumstances best calculated to elicit the truth, a
clause was inserted in his instructions directing that, as far as possible,
th1e inquiry should be confidentially conducted. (Appendix IH.) The
to Colonel Hunter Was thoroughly performed, and his
duty intrusted
which
contains
the sworn testimony of the witnesses examined
report, is attached hereto
as Appendix IH.
by lhim,
the
Although organization to which the accused persons belonged
had been discharged from thle military service, it was still possible
that some information in respect to the acts charged might be obtained
in the Philippine Islands, and the following instructions were therefore
sent to the commanding general, Military Division of the Philippines:
I inclose herewith copy of communication addressed to the President by a cormittee of which the ifon. Charles Francis Adlams is the chairman. In the letter
dated August 22, 1902, a specific charge of wrong-doing is made against certain officers of volunteers who were stationed tatBanate, Island of Panav, during the month
of D:cetl:er, 19)0. The returns show that Comllpany 1) of the Twenty-sixth Regiment of Volulnteetr Infantry constituted the garrison at Bantate at thet: latee in questioll, and that Capt. Cornelius M. Brownell, Twenty-sixth Volunliteer Infantry, was
Sanford E.
and that First Lieut. William
its
and Second
lieut.
commanderer,were on (luty with the companySullivanl
from March 1, l(,'to( February 26,
Worthington
1901. I also inclose the afidavits of certain members of Coimp)any l), Twenty-sixth
VolunlltAcr Inlfantry, which have been submitted to the De)partmlent in reply to a

re quest to that effect.

The Secretary of War directs that the matter be male the subject of immediate
and thorough investigation. The officers composing the garrison are no longer in
the military service, and that branch of the inquiry will be conducted in the United
States. The post surgeon at Banate, at the date of tle acts above alleged, Capt.
Oscar W. Woods, assistant surgeon of volunteers, is now in the military service. In
I)D<ce.fer, 190,00, e waste contract surgeon, and is possibly familiar with the acts
which are said to have occurred there in connection with the treatment of Father
Augustine de Ia Pena. lie also directs that, so far as possible, the inquiry shall be
ondllucted, and that the Adjutant-General bte al vised from time to
confidentially
time of its progress. Should( it appear that any persons now in the military service
have been connected with the unlawful acts wiich have been 11made the subject of
the inclosed alletgti:ons, he directs that they be brought to trial with the least prac-

ticable delay.

Reports were also called for from General Ilughes, the commanding
general of the Department of the Visayas, and flom C(ol. Edund Rice,
Volunteer Infantry, the commanding officer of the disTwenty-sixth
trict in which tlhe town of Banate is situated. Similar reports were
obtailld from11 officers of tlhe Army who wera formeirly members of
the rwelntyl-sixth Regiment of Volunteer Infantry. Their replies are
hereto attached (Appendix J).
The facts in the case, which are fully set forth in the accompanying
testimony and reports, are as follows: The[Twenty-sixth Volunteer
Infantry formed a part of the force which was assigned to the military
island of lPanay. Company I) of that regiment, coImoccupation of the Cornelius
M. brownell, after taking part in the operilanded by (Capt.
ations in the field which were carried on during the winter of 1899 and
190)0, wants assigned to a small subdistrict in eastern Panay, of which
the town of Banate on the seacoast, about 25 miles to the lnoth of Iloilo,
was the administrative center. rThe garrison of this subdistrict, of
which Captain Brownell was the commander , consisted of one conmpany, I'I)," of the Twenty-sixth Volunteer Infantry, land was augmeitned from time to time by detachments from the Thirty-eighth
U. S. Volunteers and the Eighteenth Regiment of) Regular Ifantry.
About the middle of Oct)ber, 19,00, Captain Irownell, upon his
return from an expedition into the district of Sava, found that the

81
inhabitants of the town of Banate had become disaffected during his
atslence and that there was some evidence that acts of positive disloyalty were in contemplation. After inquiry, it was ascertained that
a bolo company was in process of organization with a view to an attack
upon the garrison of the place. The natives implicated were arrested,
and the local presidente, after having broken his parole and escaped,
was recaptured, tried
military commission and sentenced to ten
Prison in Manila. It was also disyears' imprisonment in bythe Bilibid
covered that the president had been warned by a priest named Augustine de la Pena, the parish priest at Molo, who was a relative of Quintin
Salas, the chief insurgent leader in eastern Panay.
Upon inquiry at the department headquarters at Iloilo, Captain
Brownell ascertained that Father Augustine de Ia Pena, while professing sympathy with and loyalty to the United States, was in fact
a leader In the insurrectionary party and was acting as treasurer of
funds raised in the island with a view to the prosecution of the
insurrection against the authority of the United States. So early as
February, 1900, the conduct oft Father Alugustine had become so
had been made to General
suspicious that application for his arrest and
Dickman,
Major Henry, both of
IHlughes by Lieutoelnt-Colonel
the Twenty-sixth Volunteer Infantry, but the arrest was not made, as
evidence sufficient to inc(rininate him was not then obtainable. Lieut.
garrisonn Ball, Artillery Corps, a former officer of the Twenty-sixth
Volunteer Infantry, was informed by the parish priest of Janiuay that
"Padre Augustine levied taxes for the insurgents and had relatives in
the field against our forces;" hIe also states, upon the authority of a
sergeant of native scouts, "' that at times Father Augustine took the
field in command of forces operating against us." (Lieutenant Ball's
Appendix I.)
report,
Some months later, aboutXmidsummer of 1900, information was
received that Father Augustine was about to change his residence
from i)umangas to Janiua, which would have been, in General
COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

1HJughes's opinion, ''an

ideal position for the

purpose

of obstruction

work." generall I-Hughes's Report, April 30, A)ppendix G, p. 2.

With) a view )to meet this movement, and at the same time to advance
the interests of the military occupation, it was determined to occupy
both Janiuay and Maasin, whereupon Father Augustine establlished
himself tit Miolo, which was the seat of the insurgent junta, and the
officers at Leon and Maasin were instructed to observe
commanding
the Father closely, as he was an active enemy. Late in November,
1900, in pursuance of General Hughes's instructions, Father Augustine
was arrested by the commanding officer at Maasin, Captain Butts, of
the Eighteenth Infantry, while attempting to pass the line of posts,
and on November 23 wss placed on board the United States gunboat
/'aragua at Iloilo for transportation to Banate, where he landed on
the following morning and was transferred to CaptainIroownell for
When captured, Father Augustine was dressed-in the
safe-keeping.
khaki uniform of a sergeant of the regular artillery. His vestment:A,
which were found in his
at the time or his capture, were
also delivered to CapItin possession
IBownell at Banlate. In view of his imIprthe acting bishop of the diocese of Jaro, General
tance, as lie was
HIughes tried, but without success, to find a suitable place of confintment for the prisoner in lloilo, but as It had been represented to him
our

8 D-57-2-Vol 15--43

82

COURTS-MARTIAL IN THEIPHILIPPINE ISLANDS.

that he was confined in

church at Banate, where he could be comhe decided to leave him for the time in

fortably accommodated,
custody.
Captain Brownell's
after he arrived

at Banate, as a prisoner, and during

Immediately
the temporary absence of tile post commander, Father Augustine
addressed the following conlmunication to General Hughes, in which
he admitted having taken part in the insurrectionary movement:
I hereby certify that I am the head of the insurrection on the island of Panay;
that I have been the headquarters for furnishing money anrd armn for the insurgent
cause; that in the future I promise allegiance thet United States of America, and
that I will do all in my pewer to aid you to establish peace in this island. Also
that I send this letter of my own free will and accord. (Brownell's statement,
Appendix IH.)
Captain Brownell returned to Banate on the following day, and a
few days later summoned Father Augustine into his presence and
told him "plainly that he would be compelled to deliver to me Captain Brownell] the funds in his possession belonging to the insurgent
forces, and papers known to be in his possession implicating other
who had taken the oath of allegiance to the United States." (Captain
Brownell's statement, Appendix H, p. 4.) This Father Augustine
refused to do, denying that he was a sympathizer with the insurgent
had alings or communications with them of
forces, or that he had hd
any sort, or that he knew anything" about their cause. Captain
Brownell says in his statement that he held daily conversations with
him for a period of three or four days, endeavoring in every possible
way to influence him to surrender the papers and money in his possession without compulsion," and 'Ipromising him fair treatment on
the part of the Government." (Ibid., p. 4.) Father Augustine concluded by denying " everything in the statement he had previously
made, said that it was written in English, and he was told to sign it,
and he thought it was a letter to be used to inform his friends where
he was." (Ibid., p. 5.)
A limited time was then given Father Augustine in which to decide
whether to surrender the money and papers which were believed to be
in his possession. Tihe time Iaving expired, he was toll that he would
be blindfolded and subjected to the administration of the " water cure"
until he acceded to Captain Brownell's demand. The priest having
again denied all knowledge of the matters above mentioned, the water
cure was administered by a detachment of enlisted men belonging to
D, Twenty-sixth Volunteer Infantry. As a consequence of
Company
its administration Flether Augustine admitted that he had s()loe money
in his possession, but that it belonged to the church,. lIe was then
informed that he would be required to deliver the papers and moneys to
Brownell immediately (Ibid., p. 5), and as he refused to do
Captain
this the water cure was again administered; as a consequence of which
the prisoner consented to sign the order upon the house of Ioskyn
& Co. without further resort to force. After having agreed to do this
he subsequently declined; whereupon, seeing that preparations to again
administer the water cure were
order for the
being made, he
delivery of the funds to the military authorities.
A little later his cassock was examined, and in it were found the original deposit
banks and the house of Hoskyn & Co,, together with numllerous
receipts on the for
papers, receipts
money from different citizens1 and churches, which were delivered by me to t ththen judge-advocate of the Department of the Visayas, together

signeldthe

83
with other papers and evidence collected by me bearing on this case and implicating
sorne of the prominent natives in the city of Iloilo and that vicinity. One of these
papers was a receipt which read, so near as I can rmember, as follows, being written in Spanish:
"We, the undersigned, commissioners of the revolutionary army on the island of
to have received from Sefior
---, president of Jaro,
Panay, acknowledge
Panay, the sum of 10, O(X) pesos, which sum, with others bf like amount, has been
raised by the church at Jaro for the use of the revolutionary army."
This was signed, if I recall correctly, by two commissioners. The original of this
paper can be found in the records of the )Department of thle Visayas. The president
Mentioned in that paelr was then president of Jaro, and as such was an American
official. (Captain Brownell's statement, p. 6, 7.)
COURTS-MARTIAL IN' THE PIL'PPINE ISLANDS.

Captain Brownell then undertook to obtain from the prisoner some

information as to the whereabouts of Col. Quiintin Salas, the chief
insurgent leader in eastern Panay, promising to shield him should he
tell the truth.
Father Augustine, at this time, was in a rejectedd mood, despondent, thoroughly
IHe told me! that lhe had better be deadly, and wished e might die. He
discouraged.
had nothing further to live for, and( expected if the American G(overnment did not
hang him the insurgent forces would, and that lie realized he lhad(l en a traitor to
both sides, and a traitor to his church, and upon exposure of his traitorous conduct
while acting at the head of the church in the island li e would certainly be deposed
and disgraced in the church, and lie repeatedly called on the Virgin Mary to take his
life. I gave hilm lutil a certain hour to consider whether he would disclose this
h. ling place or not, and explained to him how I knew he was in possession of this
information. At the expiration of this tiinm lhe declined to disclose Salas's whereabouts, and again, more emphatically, Haid he had letter )e dead( than living anyway, and hoped he would (lie before morning. (Captain 1Brownell's statement, p. 7.)
The prisoner having persisted in his refusal to disclose the information of which hle was believed to be possessed, the water cure was
again administered. During such administration the prisoner died.
were made to resuscitate hiln, built without avail, as apoAttempts
plexy, or heart failure, not asphyxiation, was the cause of his death.
Captain Brownell, elsewhere in hi.s statement, speaks of the prisoner,
after the first administration otf the water lcure1, as being "1in
a very
excited and desperate mental condition ;" he also (des:rihbes him ats "a
man of low vitality, charge and fat," and this description of his personal appearance anrtl physical condition is corroborated by the tesof the other witnesses. 'The circumstances attending the ad
timlony
ministration of the water cure aret fully set forthI in Captain Brownell's
statement, which is corroborated by Albert S. Fox, who says:
I think Captain Brownell went about this iln as easy a manner as possible, and
took men that would handle the man as easy as possibt,. I think the calitain did
not want to hurt any nan whatever, nor do anything ontly just where he knew he
was going to get somei information that he coul(l not get in any other way. (Appendix
H, p. 12.)

Alonzo F. W ,oodside, the former first sertgant of Company D, corroborates this inhlis testimony (Appendix I, p. 39), and says that the
administration of the water c'ure was inttrusted to the best men in
the (colpalny" and that the men selected for that work " were both
humane and intelligent."
The prisoner's remains were buried by a detail of enlisted men, under
the direction of the company (olmlander,l{ nearl the residence of the
parish priest, and in the immediate vicinity of the church and the
guardhouse. (Appendix I, Branch, p. 44; -Cross, p. 29.)
It appears from the testimony of tlhe witnesses that no evidence or
admissions which were susceptiblle of judicial use were obtained from
"

84

COUURT8-MATIAL

THEE PILIPPINE ISLANDS.

the prisoner, save such as were contained in the papers concealed in
his clothing, and Captain Brownell could have possessed himself of
these without difficulty had he caused the clothing and belongings of
his prisoner to be searched.
The incident was reported to the department commander, by Captain Brownell in person, a few days after its occurrence. Of the circumstances attending the report General Iughes gives the following
IN

account:

Shortly after this discovery the commanding officer of Banate reported the death of
Padre de la Pina, and came to department headquarters and stated to me in person
that it had occurred to him that the padre had the check concealed in his soutane,
and that he demanded his soutane from him and found the check, and that the
excitement or disturbance caused by so doing had apparently caused his death.
The written report was returned to the medical officer of the station for report as
to the causee of death, and while I can not state now from memory the wording of
his report, yet he stated that heart disease was the cause of death. (General Hughes's
report, April 30, Appendix G, p. 3.)
It thus appears that information respecting the administration of the
"water cure" was scrupulously withheld from Captain Brownell's
military superiors, the incident being reported in terms calculated to
convey the impression that the death of the victim was an accidental

and unavoidable circumstance, and that no act of his had contributed

to bring it about.
It appears from General Hughes's report of October 25, 1902 (Appendix G), that the matter was first brought to his attention in the follow-

ing manner:

While in Samar about the last of July or early in August a letter came to me from
ex-soldier of the Twenty-sixth Volunteers, saying that a Spaniard from Boston
had been in Burlington, Vt., inquiring about the death of Father de la Pena, and
stating that he knew all about it.
I replied, saying in substance that I had supposed I knew all about the death of
Father de la Pe1na, but his letter had raised a doubt in mly mind, and if he would
to go on I would have an investigation of the matter.
giveNosmesoldata
replv was ever received to that letter, and as all the troops who were on the
island of Panay at the time of the occurrence had returned to the United States, it
was impracticable to do anything in the way of further investigation from where I
then was.
I do not have this soldier's letter here, and no copy of my letter to him was
retained, as at the kne it was written I was confined to my room in Calbayoc and
wrote the letter myself. I regret to say that I am now totally unable to recall the
soldier's name, nor do I believe that I could recognize it if it was suggested to nme
an

General Hughes's attention was next drawn to the incideec bly the
n
appearance of an article which was published th iWaingtonPost
on April 24, 1902.
his
attention
drawn to it,
b)eng
nlnmesdiately upon
at his headquarters in San Francisco, that officer prepared a report
(Appendix G), setting forth such facts in the case as were within his
This report was forwarded to the Adjutant-General of
knowledge.
the Army on April 30; it was submitted to the Secretary of War on
10 following, and was forwarded by him on the same day to the
May
lon. Henry Cabot ILodge, the chairman of the Senate committee of
investigation, with the following letter of transmittal:
WAt DEPA.RTMENT,
Washington, May 10, 1902.
DEAR SENATOR LODGE: I hand you herewith some statements by General I1ughes
regarding the death of Father Augustine.
ELITH ROOT,
Very sincerely, yours,
Secretary of 1W,1:r.
Hon. H. CABOT LODrE,
United states Serate.

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

85

Tilhe testimony taken by Colonel Iunter howsthat the water cure

by the order or direction of Captain Brownell in a
number of other cases. Albert S. Fox testifies that it' was administered to the presented of Astancia "to find where he had some
men who were fighting against us " and that the victim I' was let loose
after we got the information and thearms." (Appendix H, pp. 10,11.)
John Bresnehan testifies that it was administered " to a native of the
town of Antileo in the fall of 1900." In this case the torture was
inflicted by Robinson and Campbell by order of Captain Brownell
ibidd., p. 16); in this Bresnehan is corroborated by Privates Snow and
Cross ibidd., pp. 23, 31). Private Snow gives the following account of
its administration to the prisoner at Antileo:
was administered

I seen it once given in Antileo. While we were in the town there we went out
and got some prisoner, and Captain Brownell tried to get some information out of
him and he would not give it. There were three or four men got him and put him
down and held him down; took a stick and pried his mouth open. Then we went
out and got a bucket of water and kept pouring it into his mouth, but he would not
tell. Then they let him up. We then held him down again, poured more in him,
and the Captain says, "I will fix him." I:e takes out a rlfe-assix-shooter-and he
one of the Jads-to Moran of the same company-" When I fire this pistol
says to
hit hihim on the head-not very hard-with a stone "--a little, small stone that
you
just cut his head, and the nigger when he heard the pistol shot thought he was shot,
and he told him that if they let him up he would show them some rifles. Corporal
Banye and three or four more started out with him, and they got out I don't know
how far from town when the nigger said lie didn't know where they were. Then
he came back in town, and we stayed aromid there for a while. Then we had to go
back to Blanate. (Appendix IH, pp. 31, 32.)
Cross testified to another case having occurred at the Demangas

of Cross is fully corroborated

Swamps."
(bid., p. 24.) The testimony
of
that
who
the victim -as a lieutenant
recalls
by
Sergeant Woodside,
inl a company of insurgents.
Captain Brownell, in his statement (Appendix H, pp. 9, 10), expressly
admits its administration
several occasions.

upon

The water cure was administered bv mly order several times to different natives,
and through this agency 1 was enabled to obtain possession of many arms and very
valuable information without firing a shot or shedding blood. When my regiment
first reached the island it was customary and necessary, in order to accomplish anything on the offensive, to make long night marches, rounding up and capturing towns
in the darkness not only exposing our men to hardships and disease, but to gunshot
wounds, as well as endangering the lives of noncombatant natives by the fire from
our men. In these night attacks it was always possible to have women and children
killed, and frequently the insurgent soldiers for whom we were seeking would escape,
and usually few arms could be taken in this manner. From service and observation
I became fully convinced that the lives of both our troops and of the natives could
be saved and munitions of war and valuable information obtained by the discreet
and humane lse of the water cure, I do not and never have believed it cruel or
barbarous in any manner, and whenever it became necessary in my judgment to
administer it the men chosen for that duty were chosen with a view to having only
intelligent, careful, and humane men perform the operation. There was no secrecy
about it; every officer and every man, both in my regiment and of every other
regiment with which I served, knew when it was given, and I was never criticized
by any officer while in the service for administering it.

The reports of Col. Edmund Rice, Nineteenth Infantry, formerly

colonel of the Twenty-sixth Volunteer Infantry, and 20 officers of the
who held commissions in that regiment, and who state that no
Army
cases of administration of the water cure came within their observation
their service with the Twenty-sixth Volunteer Infantry in the
during
island of Panay during the years 1899-19'1, would seem to indicate
that the practice was casual and local rather than general.

8C6

0OoEUTTS-MARTIAL IN THE PHILIPPINE ISLANDS.

It thus appears that C(aptain Brownell, having been charged with

the custody of ani inipor'tant prismonerl of war, did, of his own motion
and without the knowledge or sanction of his military superiors
administer a form of torture known as the " water cure" to ta priso1net
intrusted to him for safe-keeping, and that as a result of such admin.istration the prisoner died; that he obtained incriminating evidence
that the deceased had taken an important part in the
tending to show mIovIemCnI1t
against the authority of the Unitted States
insurrectiomnary
in the island of Panay is conciedet; but that evidence could have been
obtained by :a sil1ple search of the person and garments of the
deceased, and the administration of torture added nothing to the
amount or importance of the evidence obtained.
The rule of international law which places limitations upon the kind
and amount of force which maty hbelus6e in the prosecution of military
General Orders, No. 100,
operations 1is set forth in patlragraph 16 of contains
of
which
the requirement
Office,
1863,
Adjutant-General's

that--

Military necessity does nlot: a(dit of cruelty-thlat is, the infliction of suffering for
the sake (of suffering or for revenge, nor of waiting or wounding except in fight, nor
of torture to extort confessions, -It does not adniitof tle use of poison in any way,
nor of the wanton devastation of a district. :It admits of d(eceptionl, but d(isclaims
acts of perfidy; and in general military necessity does not include any act of hostility
which makes the return to peace unnecessarily difficult.

This view is fully supported lby text writers of authority:

Men who take upl arms against lone another in public war do not, as one of the
articles of our instructions for tie government of armies states, cease on that account
to lb human beings, re'sponlsile too oGn another ai( to odl. rlThe laws of war do
not recognize in belligerents an ulnlinmitedX liberty as to the means of injuring the
are expected to avoid all needless severity and all perfidious,
enemy. orBelligerents acts.
unjust, tyrannical
*
*X
*
*
*
*
Offenders against the laws of war are liable to the punishments prescribed in the
criminal law. In all cases of serious iI:mportalnce, reprisals, if necessary, shall not
exceed( the violation of the lawS s commiIited( by the,enemy. They mllust be expressly
to the rules of humanity and
authorized, by the commander in chief, and conform
morality. * * * (International Law, Sntow, sec. 44, p. 87; Walker, sec. 50,Man-p.
74;
139; Halleck, Chap. XVI, sec. 18; Risley, p. 130; II. llalleck, pp. 22, 73, III
Phil131-134; Walker, Manual, pp. 139, 140;
ning, pp. 210, 211; Woolsey, secs.
limore, pp. 155-157, 162, 163; Lawrence Int. Law, sec. 186; I Guelle, pp. 197, 198;
IV Calvo, sees. 2134, 2135.)
Having regard to the circumstances attending Captain Brownell's
act in extorting information from the native priest at Banate, 1 find
it difficult to escape the conclusion that it was not justified by military
and that there did not exist, at the time of its commission,
necessity;
a condition of emergency so instant, imperious, and overwhelming in
of
its character as to justify Captain Brownell in the specific violationthe
the requirements of General Orders, No. 100, which has been made
subject of this investigation.
In the case under examination Captain Brownell had no duties to
to safely
perform in connection with Fathatier Augustine de la Pena save
hold him.as a prisoner' of war. Captain Brownell had no orders to
execute, no operations to carry on, which he could not safely undertake with the force under his Inmmediate command, no duty to perform
save to maintain order in the vicinity of the town of which his company
constituted the garrison.
Having an important individual of athe
enemy in his power, he
yielded to a prurient curiosity and, intln ttempt to extort infolma*

aOURTS-MABTXAL IN THE :PHIIFPPINE ISLANDS.

87

tion, caused the death of the prisoner upon whose person the torture
had been inflicted. For the offense which is shown to have been committed it is my opinion that Captain Brownell should be brought to
trial.
A resort to torture in order to obtain either confessions or information from a prisoner of war is, in view of what has been said, a violation of the laws of war and, as such. is triable by military commission.
The taking of human lief under the'circumstances above disclosed constitutes a form of felonious homicide which is triable by military
) general court-martial, Land in certain cases by a civil
commission, by
court having criminal jurisdiction. The jurisdiction of the tribunals
above mentioned will be discussed in the order named.
The military commission is a court having jurisdiction to try offenses
in time of war in occupied territory
against the laws of war committed
of the enemy. Its authority to hear and decide cases is derived, not
from statutes, but from the law of nations, and its jurisdiction ceases
with the termination of the war, or with the restoration of the civil
to its normal functions. The question as to whether a state
authority
of war existed in the island of Panay in December, 1900, is one of fact,
and to be determined by the political departments of the Government.
The President's proclamation of July 4, 1902, which declares a state
of internal peace to exist in the Phillppine Islands, is decisive in that
regard. Since inthat date, therefore, no general officer exercising military command those islands has been empowered to convene a milcommission.
itary
The fifty-eighth article of war provides that:
In time of war, insurrection, or rebellion, larceny, robbery, burglary, arson, mayhem, manslaughter, murder, assault and battery with an intent to kill, wounding,
by shooting or stabbing, with an intent to commit murder, rape, or assault and battery with an intent to conlmmit rape, shall be punishal)le by the sentence of a general
court-martial, when committed by persons in the military service of the United
in any such case shall not be less than the punishment
States, andforthethepunishment
like offense by the laws of the State, Territory, or district
in which
provided
such offense mIay have been c-omnmitted.
It has been seen that the military commission was the proper forum
for the trial, in time of war, of offenses against the laws of war. The
terms of the fifty-eighth article are so sweeping, however, as to include
offenses like thaft committed by Captain Brownell, but, the grant of
is, by the express terms of the article, restricted to a
jurisdiction
time of war. For that reason a prosecution can not be instituted at
this time.
The sixty-second article of war confers an extensive though somewhat indefinite jurisdiction upon courts-martial to try 'All crimes not
and all disorders and neglects, which officers and soldiers may
capital,
be guilty of, to the prejudice of good order and military disciplline."
Its operationsis expressly restricted to "'crimes not capital, 'as to
and, as to persons, to "officers and soldiers "--that is, to indioffenses,who
viduals
belong to and constitute a part of the military establishmXent. A question therefore arises as to whether Captain Brownell,
being no longer il the military service, is now amenable to military
jurisdiction. Upon this point it has been held at this office in a num-

1er of cases that-

(except as otherwise provided in the sixtieth while inceases

the military jurisdiction, for offenses commluitted article)
the
been separated therefrom by resignation, dismissal,
military service, after he has muster
out, discharge, etc., and has thus become a
being dropped for desertion,
An officer or soldier

to be

amenable

to

88

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

civilian. The old English precedent in Sackvile's cAse (which appears indeed to
stand alone even in Eiigland) has not been followed itl this country or recognized ini
our law. (Par. 1027, Digest of Opinions of the Judge-Ad vo(ates-General of the
Army,
par. .)
A discharge of a soldier, when subject to trial and punishment for a miilitary
offense, is a formal waiver and abandonment by the United States of jurisdiction
over him. Nor does a soldier after having been dishonorably discharged by seitence, remain liable to the military jurisdiction for desertion or any other military
offense committed before discharge, by reason of being still held iin millitary custody
as a prisoner in confinement under the same sentence; for he is then held not as a
soldier but as a civilian convict, (Ibid., par. 2. )

Had Captain Brownell been appointed into the Regular Army, subsequent to his discharge from the volunteer service, such appointment
would not have operated to revive the lapsed jurisdiction.
Nor can a person, who, by reason of acceptance of resignation, dismissal, discharge,
etc., has become wholly detached from the military service, be made liable to trial
by court-martial, for offenses committed while in the service, on the ground that
such offenses were not discovered till after he had left the Army. (Ibid., par. 3.)
a dismissed, etc., officer to the service under a new commission
The returning
does not revive abyjurisdiction for offenses committed while he was in the service,
which had lapsed upon his being separated from it. (Ibid., par. 4.)
The rules of law above stated are derived from Article I, section 8.
paragraph 13, of the Constitution, which vests in Congress the pow
'to nmake rules fori the government and regulations of the land and
naval forces." The rules made in pursuance of the clause above cited
are opIerative upon persons belongillg to the military establishment,
but have no operation upon those whose connection with the military
service has been formally and lawfully severed. It has been attempted,
as to a single class of cases (those arising under the sixtieth article of
war), to extend the liability to court-martial trial to offenders who
have been regularly discharged from the military service, but the
requirement of the sixtieth article, inasmuch as it subjects civilians to
trial by a military tribunal, has been regarded as of such doubtful constitutional validity that it has been taken advantage of in but a very
limited number of cases.
There remains to be discussed the question of Captain Brownell's
to a criminal prosecution in the civil courts of the United
amenability
or
those established in the Philippine Islands as an incident
inl
States,
of their mllilitry occupation.
In so far as felonious homicide is concerned, the jurisdiction of the
criminal courts of the United States is restricted, by appropriate legislation, to the offenses of murder anld manslaughter committed on the
waters of the United
high seas, or in certain portions of the
States, or upon reservations over whichnavigable
jurisdiction has been ceded to
the United States. The situs of the offense in the case under consideration was on land-not on the high seas-and not within ceded territory; nor was the offense committed at a place which had been assigned
law to any judicial district of the United States. I am therefore of
by
opinion that Captain BJrownell's case does not fall within the jurisdiction of any of the criminal courts of the United Stas.
At the lime the offense was committed (December 1900), Eastern
in which the town of Banate is situated, constituted a territoPtnay
rial subdivision of the judicial system then in force in the Philippine
Islands, with the sanction of the United States Government; and the
court of first instance for the district within which was included the
r
and mantown of Banate had jurisdiction of the offenses of nuer
serviceof
when
not
a
the
'ommitted
by person
Ni military
slaughter,

89
the United States. It will presently appear that either of the offenses
above named, if committed in time of war by: a person belonging to
the military establishment is exclusively triable by a general courtmartial under the authority conferred by the fifty-eighth article of
COURTS-MARTIAL IN THE PHILIPPXtEtXSLADS,.

war. The island of Panay, however, was at that date in the military
United States; such occupation being made necesoccupation of the
sary b reason of the fact that there was armed resistance to the operation of the laws throughout the island; such resistance amounting to
and constituting an insurrection against the sovereign authority of the
United States, so formidable in character as to make it necessary for
the Government to employ its military forces with a view to the supof the insurrectionary movement.
pression
It was held by the Supreme Court, in the leading case of Coleman V.
Tennessee (97 U.S., 515-518), that:
In denying to the military tribunals exclusive jurisdiction, under the section in
se( 30, act of March 3, 1863; 12 Stat. L. 736, fifty-eighth article of
wair over the offenses mentioned, when committed by persons in the military
service of the United States and subject to the articles of *ar, we have reference to
them when they were hekl in States occupying, as members of the Union, tleir
normal and constitutional relations to the Federal Government, in which the
supremacy of that Government was recognized, and the civil courts were open and
in the undisturbed exercise of their jurisdiction. When the armies of the United
States were in the territory of insurgent States, banded together in hostility to the
National Government and making war against it, in other words, when the armies
of the United States were in the enemy's country, the military tribunals mentioned
had, under the laws of war, and the authority conferred the section named,
exclusive jurisdiction to try and punish offences of every gradebycommitted by persons
in the military service. Officers and soldiers of the armies of the Union were not
subject during the war to the laws of the enemy, or amendable to his tribunals for
offences committed by them. They were answerable
to their own Government,
and only by its laws, as enforced by its armies, could only
be punished.
they
It is well settled that a foreign army permitted to march through a friendly
country, or to be stationed in it, by permission of its government or sovereign, is
exempt from the civil and criminal jurisdiction of the place. The sovereign is
understood, said this court in the celebrated case of The Exchange (7 Cranch,
to cede a portion of his territorial jurisdiction when he allows the troops of a139),
foreign prince to pass through his dominions: " In such case without any express
declaration waiving jurisdiction over the army to which this right of passage has
been granted, the sovereign who should attempt to exercise it would certainly be
considered as violating his faith. By exercising it the purpose for which the free
passage was granted would be defeated, and a portion of the military force of a fornation would be diverted from those national objects and duties
independent
eignwhich
it was applicable, and would be withdrawn from the control
to
of the soverwhose power and whose safety might greatly depend on retaining the exclueign
sive command and disosition of this force. The grant of a free pag, therefore,
implies a waiver of all
jurisdiction over the troops during their passage, and permits
the foreign general to use that discipline and to inflict those punishments
which the
government of his army may require."
If an army marching through a friendly country would thus be exempt from its
civil and criminal
jurisdiction, a fortiori, wold an army invading an enemy s
be exempt? The fact that war is waged between two countries negatives
country
the possibility of jurisdiction being exercised. by the tribunals of the one country
over persons engaed in the military service of the other for offenses committed
while in such service. Aside from this want of jurisdiction there would be some
and absurd in werinitting an officer or soldier of an invading
thing toincongruous
be tried by his enemy whose country he had invaded.
army
The fuct that when the offense was committed, for which the defendant was
the State of Tennesee was in the military occupation of the United States,
indicted,
with a
governor at its head, ap noted by the Prident, can not alter this
conclusion. 1TePenee was one of the insurgent States, forming the organization
knownaa the ConfederateStates, against hich the war was waged Her t ry was
was not changed until long after.
in this ret
enely's country, and its character
The doctrine of international law on the effect of military occupation of enemy's
territory upon it former laws is well established. Though the late war was not

question [see

military

90

0aOOTSXMARTIAL IN THB PHILIPPINE ISLANDS.

between independent nations, but between different portions of the same nation, yet
having taken the proportions of a territorial war, the insurgents having become
formidable enough to be recognized as belligerents, the same doctrine must be held
to apply. The right to govern the territory of the enemy (luring its military occupation is one of the incidents of war, being a consequence of its acquisition, and the
character and form of the government to be established depends entirely upon the
laws of the conquering State or the orders of its military commander. By such
the political relations between the people of the hostile country and their
occupation
former government or sovereign are for the time severed, but the municipal lawsthat is, the laws which regulate private rights, enforce contracts, punish crime, and
the transfer of property-remain in full force, so far as they affect the inhabregulate
itants of the country among themselves, unless suspended or superseded by the conqueror. And the tribunals by which the laws are enforced continue as before unless
thus changed. In other words, the municipal laws of the State and their administration remain in full force, so far as the inhabitants of the country are concern'td,
unless changed by the occupying belligerent. (Halleck, Int. Law, c. 33.)
This doctrine does not affect, in any respect, the exclusive character of the jurisdiction of the military tribunals over the officers and soldiers of the Army of the
United States in Tennessee during the war; for, as already said, they were not subto the laws nor amenable to the tribunals of the hostile country. The laws of
ject
the State for the punishment of crime were continued in force only for the protection and benefit of its own people. As respects them, the same acts which constituted offenses before the military occupation constituted offenses afterwards; and
the same tribunals, unless superseded by order of the military commanders, continued to exercise their ordinary jurisdiction.
It is proper to observe that the rule of international law, which was
recognized by the Supreme Court and appliedin in the case of Coleman
v. Tennessee, above cited, was announced
appropriate military
orders by the general commanding the forces charged with the military occupation of the Philippine Islands, of which the foregoing is
a copy.

OBNERAL ORDRS,
IIIEA>DUARTRBRDrPARTMENT OF THE PACIFIC,
,sAND EIGHTH ARMY CORPS,
.IEA
OER,
No. 8.
MManila, P. .,zAAugstst , 1898
in
I. For the maintenance of law and orler those portions of the Philippines occuof the United States and to provide means to
pied or controlled by the Army
infractions of the same, military commissions and provost courts
promptly punish
composed and constituted in accordance with the laws of war, will be appointed
from time to time as occasion may require.
II. The local courts, continued in force for certain purposes in proclamation from
these headquarters dated August 14, 1898, shall not exercise jurisdiction over any
crime or offense committed by any person belonging to the Army of the United
or any retainer of the Army, or person serving with it, or any person furnishStates,
or transporting supplies for the Army, nor over any crime or offense committed
ing
on either of the same by any inhabitant or temporary resident of said territory. In
such cases, except when courts-martial have jurisdiction, jurisdiction to try and
punish is vested in military commissions and the provost court, as hereinafter set
orth.
*
*
*
*
By command of Major-General Merritt:
*

J- B. BABncoc,

Adjutant.-Geeral.

The exclusive jurisdiction thus created in favor of military tribunals

terminated onl July 4,1902, in pursuance of the President's proclamation of that date, terminating such occupation and announcing the
restoration of the civil authorities to their normal functions in connection with the maintenance ofpublic order in the Philippine Islands.
would thus appear that the court of first instance for the proper
district in the island of Panay would have jurisdiction of the offense of
murder or manslaughter, when committed by a person not in the mili
try service of the united States; but that such court of first instance

_It

COUTS-MARTIAL IN THE PHILIPPINTE ISLANDS.

91

would not have jurisdiction to try either of the offenses above named
when committed by an officer or enlisted man of the Army in time of
war, and in territory in the military occupation of the United States.
If it be conceded, for the purposes of argument, that such jurisdiction over persons in the military establishment did belong to the court
of first instance in the island of Panay, a question would arise as to
the offender having returned to the United States, the offense
whether,
is extraditable and, i i t be, whether the law provides a method of
securing his return to the place in which the offense was committed.
Section 5278 of the Revised Statutes, which regulates the extradition
of fugitives from justice, is restricted in its operation to a case in
whichthe executive authority of any State or Territory demands any person as a fugitive
from justice of the executive authority of any State or Territory to which such
person has fled, and produces a copy of an indictment found or an affidavit made
before a magistrate of any State or Territory charging the person named with having
committed treason, felony, or other crime, certified as authentic by the governor or
chief magistrate of the State or Territory from whence the person so charged has
fled, it shall be the duty of the executive authority of the Stale or Territory to which
such person has fled to cause him to be arrested and secured, and to cause notice of
the arrest to be given to the executive authority making such demand, or to the
agent of such authority appointed to rceeive the fugitive, and to cause the fugitive
to be delivered to such
when he shall
agent

appear.
It will be observed that extradition can be effected in

conformity to

section 5278, Revised Statutes, between the State or Territory from

which the offender has fled and the State or Territory in which he has
taken refuge. The term "territory," as used in the section above
has obvious relation to a political territory" within the concited,
tinental limits of the States and Territories comprising the Union,
and it is not believed that the Philippine Islands constitute such a
" territory" as is contemplated in the section under consideration.
The act of June 6, 1900 (31 Stat. L., 656), authorizes the extradition
of a person who has committed one of the offenses named therein in
or territory or any part thereof," which "is
"any foreignorcountry
under
the control of the United States." But the
by
occupied
"a foreign country or territory " which is
are
Islands
not;
Philippine
held by the United States in military occupation, and the arrest of an
offender against the laws in force in the Philippine Islands who has
taken refuge in the United States, and his surrender to the insular
would not be authorized by that enactme at.
authorities,
It would thus appear that Captain Brownell, being no longer in the
military service, is not amenable to the jurisdiction of a general courtas a state of war no longer exists in the Philippine Islands
martial,
he is not now subject to trial by a military commission; for the same
reason, and because of the exclusive jurisdiction over the offenses
article of war, which is vested in general
nramed in the fifty-eighth
triable
he
not
court of first instance in
is
c(ourts-martial,
by the jurisdiction
of the case had the
the island of Panay, which would have proper
offense been committed by a person not belonging to the military
establishment.
In view of the importance of the case and of the circumstances
under which the offense was committed, it is not believed to be proper
that the question of Captain Brownell's criminal accountability should
be finally detrmined by the WarDepartment, and it is therefore

OOURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

recoulnllnded that this report be referred to the Attorney-Genera1 for

opinionaI to whether, under the circumlistinces therein stated,
Captain Brownell can n1ow be brought to trial.
Very respectfully,
GEO. B. DAvis,
Judgie-Acdvocate- General.
an

APPrsNDIX A.
LAKE

(GiEORoiB, N. Y., July S3, 1902.

lion. TInEOnORm ROOSEVELT,
President of the United States.
SIt: ()n the 16th of April last the Secretary of War, under your personal order,
issued a " Imemorandum of instructions sent to General Chaffee relating to outrages
and a t's of torture alleged to have been perpetrated in the l'hilippines. Shortly after,
a mleetting of persons interested therein was held in New York. At this meeting we
were appointed a committee "to take all necessary steps to effect the full disclosure
of the facts connected with processes and executions in the course of military operations in the Philippine Islands." The duty thus imposed has since engaged our
attention, and in the performance thereof we have investigated many cases of alleged
outrage, bei(les otherwise seeking to inform ourselves in relation thereto.
In this connection we now desire to express the gratification afforded us by your
instant, as Commander in Chief, of the findings of the court'martial
( reviewin" ofthethecase14th
of Gen. J. IH. Smith. Taken in connection with the previous
memorandum of April 15, that review will, provided it be followed by correspondin our opinion do much toward the reestablishment of the
ing general action,
national prestige and the restoration of the inorale of the Army. At this time, there.
fore, it is of more than a national--it is distinctly of international service; for, brought
into new relations with remote and, possibly, less developed races, it is manifestly
above all desirable that the Unitle States should aimr to elevate others to a higher
standard rather than itself sink to a lower. Especially opportune, in our judgment,
is your very conmmnendable reminder to officers in high and responsible positions
that in a warfare with national dependents, such as that recently waged by us in the
East, it behooves all such officers to be " peculiarly careful in their bearing and conduct so as to keel) a moral check over any acts of an improper character by their
subordinates." 1T1hel level ere reached is lofty, and in healthy contrast with that
far too prevalent, which seeks excuse, if not justification, for the excesses of
spirit,
the present in every instance of inhumanity which can possiblyy be exhumed either
from colonial history otherwise happily forgotten or frtom the regrettable records of
our Indian warfare.
While thus, however, expressing our sense of obligation, we wish most respectfully
to call your attention to certain conclusions which we have in the course of our own
inquiries found ourselves compelled to reach. These conclusions, we alre not unaware,
may be somewhat at variance with those reached by you; none the less, in stating
them our desire is to contribute, if in our power so to do, toward the more complete
realization of the ends set forth in the memorandum to General Chaffee of April 15.
Coming directly to the point, and speaking historically, our investigations have
led us to conclude that the demoralization of the officers an(l soldiers of our Army in
the Philippines, including all branches of the service and all grades of rank, was far
more general, as well as pronounced, than might be inferred from your review of the
court-martial findings in the case of General Smith. The essential facts charged in
this case, we believe we have reason to say, were rather notorious than exceptional.
I)emoralizing influences, very prejudicial to eany high standard of military morale,
were, under the circumstances, inevitable. This le(d to lamentable results, calling
for the firm hand and stern correction foundl,, and most fortunately applied, in your
orders of April 15 and July 14. For that application, while the country is under
great obligation to you, the Army is, it our estimate, under obligation still greater.
In the Chaffee memnorandumn of April 15 is this language: 'The fact that any
such acts of cruelty and barbarity appear to have beein done indicates the necessity
of a most thorough, searching, and exhaustive investigation and youwill spare no
effort to uncover every case which mnay have occurred, and bring the offenders to
justice." These words, and the inquiries and courts-martial instituted in obedience
thereto, unquestionably had a most clarifying effect. Their influence was immediate, great, and beneficent. Meanwhile we would respectfully submit that
the good of the Army and the future of our Eaatern dependence demand that

OOIMTS-'MARTIAL

IN THE

PtILIPPINE

ISLANDS.

98

investigation should not stop at this point or with results already reached The
made, necessarily imperfect,
inquiries 'we, as a that Generalhave
yet been sufficient ;:o satisfy us committee,
Smith and Major Waller
were not the sole ,culprits;
nor should they suffice in tile character of scapegoats. In your review'" of July
cas were exceptional. Your means of information on this
14 you say that theseaese
point should unquestionably be infinitely ttte r than ours, for you have access to the
file of the War Department; we have not. Meanwhile, it is always to be borne in
mind that one side only of this painful story has been heard, and that side only in
part,
The testimony of representative Filipinos has been jealouslyandl systematically
on the spothlas been denied or
suppressed. Judicial and impartial
a
very nature of things armies
army organipronounced impracticable. From theexamination
nde
zations are much the same everywhere, asnd a recentfore ign experience, still very
fresh in public memory, forcibly suggests what may be expected from military tribunals and investigations when the esprit de corps is enlisted or the honor of the
is thought to be involved. In the present case occasionally, and by acciarny"
dent merely, have fragments of information come to general knowledge-broken
to reach the public eye. Certain facts have been
glimpses only have been permitted
before the Senate Phlippine Committee, or through the
elicited in the proceedings
of evidence given in the more notorious of the courts-nartial proreports
imperfect
but these, though very suggestive, are far from complete, much less
ceedings,
exhaustive. To our minds they indicate unmistakably a condition of great and general
Of this
of the

have

"

coutrts-martial referred to afford a

the findings
demoralization.
conclusive
also the published orders of commanding officers and the
evi(lence,
as
reports of provincial governors. A general, for instance, high in command permits
that stands and kill everything that lives in
himself to say, " I will burn everything
to have peace."
Batangas
If nothing else, this is suggestive of another memorable utterance of the same
nature-an utterance
with which the name of Warsaw is mournfully associated. As
so now, "
eighteen acenturies ago,less
faciunt,
appellants.," Another
in grade, is on record paceie
as declaringin language, not
general,
degree
only
high
classic certainly, but though less terse, equally forcible with that just quoted,
the Great Horn Spoon, I will make
want peace and want it badly'l" As the
not unnatural result of military operations so inspired an official report indicates that
out of a total population in a single district of
not less than 100,000 perished.
Is this "assimilation," -we would ask, "
in character? In the case of
Samar and the now familiar order there to burn everything and kill "all over ten,"
the Secretary of War asserts that owing "to the good sense and self-restraint of General Smith's sulbordinates and their regard for the laws of war, his intemperate and
We are not aware that any reliable
unjustifiable instructions were` not
statistics on this head are generallyfollowed."
but the evidence is that Samar, with
accessible,
its population of 200,000 Christianl beings, was not exempt from the results usual
in cases where war, pestilence, and famine combine in tile work of destruction. Fire
and the sword there had full sway.
Language such as that just quoted, openly used by commanding officers, cam have
but one effect. To all inferiors and subordinates it i, an incentive at once dirilct and
the systematic
of acts of the character revealed in the printed
powerful ofto the
To
Senate
otherwise is, in otur judgevidence
Philippine
to add cant and hypocrisy to cruelty. pretend
In the case under consideration
merely
mnent,
the courts-martial subsequently convened habitually, as well as naturally, recorded
findings of which those in the Smith and Waller cases were typical. A reprimand
has been the not unusual punishment deemed adequate for the killing in cold blood
whether those killed were at the time prisoners or only suspect,
officers,
byeven
of.if, natives
that,
indeed,
At first, also, the charges of the infliction of torture by the so-(clled
cure"
inet with an indignant denial. One general, recently promotedd for ''water
the capture or
and eaten, even
killing of those whose bread and salt he, starving, had just beggedwater
went to the length of recording his belief tiat in no case had
cure" ever
been administered by an American.
When the actual notoriety of the practice thus denied was
evidence of
utter demoralization is found in the testimony given before proven,
courtsmartial by officers, apparently inclined to be humorous, to thte effect that, before
to others a torture lnot
to those
with the processes
administering
of the mnediaeval inquisition, they had
had it, tried on themselves. As so
found it productive of no injurious effects; in certain cases even,
applied, theyithad
they alleged had proved most beneficial to the health. With a state ()f demoralsuch as evidence of this
both witness and tribunal, it is
ization
implies inThe
not easy to deal either seriously or with patience*
impudence of the mockery is
manifest.

ldo

Slitlitudinen
them
3(),000
lbnevolent"

"By

commission
Commxlittee.

"'thim

symnlathetic,

unknko:wn
lirt:
character

familiar

94
OURTS-MARTIAL IN THE PHILIPPINE ISLANDS.
Where, in other cases, inquiry revealed the systematic use of torture by subordinates, the officer in responsible command is pronouncedof free from blame on the
that his praiseworthy absorption in other (duites his position was so comground
plete that such trivial incidents failed to attract his notice. Such a finding is certainly suggestive; it is also reminiscent of Dreyfus incidents; but in France, as here,
"the honor of the Army" was alleged to be assailed. Much indeed, has in those
connections been heard of the "honor of the Army," French and American. May
we be permitted to suggest that the good name of the United States now, as of
France then, is also entitle(l to some degree of consideration? Of the national conscience, in either case, we don1ot tospeak.
known a state of war-practices which have excited the
Finally, every severity
reprobation of the American people when reported as features of the hostilispecial
ties in Cuba under the Spanish rgimle, or in South Africa during the Boer warhave been of undispulted and frequent occurrence in the Philippines. From the
beginning of operations there it has been the general practice, if not actually
early
the order, to kill those wounded in conflict; and, in this latter, the depth of the
general demoralization reached can perhaps best be studied in the statement of an
officer high in colmmland, when confronted with statistics undeniably showing that
the killed of the enemy in all engagements with us largely outnumlberedl the wounded
and the prisoners combined, that this unprecedented result, adniitting of but one
that
explanation, was due to the fact that our soldiers erre so trained as marksmen even
Filipinos,
they almost invariably struck vital points; and, moreover, that thethem.
Such eviin panic flight, made a practice of carrying off their wounded with
dence gravely given is not only proof conclusive of utter military demoralization,
but, we submit, it is with difficulty distinguished from what is usually known as
audacious mendacity.
In like manner as respects concentration camps. These, as a feature in recent
and South African operations, excited in us as a people the deepest indignaSpanish
tion combined with the most profound sympathy for those thus unmercifully dealt
with. When resorted to by our officials in the Philip)pines, these camps are represpecies of recreation grounds, into which the inhabitants of large districts
sentetd astoa be
rejoiced
drawn, and from which they departed with sorrow. Reports to which
we can, on the other hand, refer in a responsible army journal give of them accounts
not essentially different from the accounts received of similar caImnps established elsewhere. By one army officer they have been likened to "suburbs of hell." Meanwhile, the most persistent effort on our part has failed to obtain from thle War
Department, or any official source, statistics of disease or mortality in those camps.
te British camps in South Africa of a similar
The published statistics relating th
nature were,Tn the contrary, precise and periodical. Such being the case, the reports
of our medical inspectors on the concentration camps in the P'lli ppines are contrary
to reason and opposed to all human experience. As such we hold them t) be little
less than an insult to the intelligence of those to whom they were addressed.
In the course of a communication addressed to the chairman of the Senate Comof February, the Secretary of War, the Hon.
mittee on the Philippines, toon the 14thhimself
as follows: "The war in the Philippines
Elihu Root, took occasion express
has been conducted by the American Army with scrupulous regard for the rules
of civilized warfare, with careful and genuine consideration for the prisoner and the
ever
noncombatant, with self-restraint, and with humanity never surpassed, ifAmerin anly conflict, worthy only of praise, and reflecting credit upon the
equaled,
endorsement
commendation and
ican
These words of
sweeping

unqualified

people."
were written by the honorable Secretary when all the essential facts since brought
to light were within his official cognizance. You have given public assurance that
the Secretary is more desirous than yourself even, if that be possible, to probe to the
bottom every responsible allegation of outrage antl torture, to the end that nothing
be concealed, and no man be for any reason favored or shielded. The draft on our
thus presented is large, but we accept your assurance. Meanwhile permit,
credulity
us to point out that such very sweeping and somewhat uncalled-for commendation
and approval, so far as we are advised altogether unprecedented in character, coimof active operations, from the fountain head of miliing directly, andis in the midst
scarcely calculated "to ktee1p a moral check oer acts of an impnropcr
authority,
tary
character by subordinates." It is charitable to assume that the pressure of official
business, at the time of the communication referred to, was such that the Secretary
failed to recall what correspondents lhad brought to his notice, or fully to advise
himself as to what the files of his D)epartment might have to disclose.
Such are certain of the conclusions rteachle by us from as careful a study as it has
been in our power to make of facts thus far l)rocural. We have endeavored to
Supplement and perfect the evidence; but our effort t that end have encountered

COURTS-MARTIAL IN' TRHE PHILIPPINE ISLANDS.

95

W
pnt.
ted a formal memorial to Congress, asking
obstructive embarrassment.
for a complete and impartial investigation to be made on the spot; no action was
taken thereon. We sought to have witnesses called by the Senate Phili pine Committee, and a more complete inquiry instituted, in which both sides should lbe heard;
our efforts werer unavailing. 14inally, when evidence led up to the threshold of
revelation, officers of the properofdepartment of the Army appointed to make inquiry
re orted "that considerations
public policy, sufficiently grave to silence every
other demand, require that no further action be taken. " It was apprehended that
"facts would develop implicating many others.' Again, was there(danger that 'the
honor of the Army" would be assailed. So further investigation was summarily
stopped.
The allegations we make are grave; the condition of affairs we describe, serious.
As a national recorditis iscreditable. The good name of the country is implicated,
as also is the professional character of of(fi(ers of the Army, some of them retired,
we ourselves are responsible persons, and that
many still i+l high command. Thatneeds
we represent responsible persons,
scarcely be allege(l, much ess proven. We
stand ready to cooperate directly and in utmost good faith, in the line of Secretary
Ioot's order of April 15th, to the end that all offenders may tbe brought to justice and
the guilty punished. A careful examination of the law has satisfied us that no process possible for us to initiate would elicit further facts or suffice to brir, culprits to
account. In this communilication we have madee references to the personal application of which is obvious andl of record. To those thus referred to, courts of military
are open; and, if demandedd, would doubtless be by you at once accorded.
inquiry
Before such courts, if once convened, we will hold ourselves prepared to substantiate
any or all charges here advanced.
Finally,
acknowledging the great service rendered in the orders herein referred
as the result of the investigations we have made and tile study we have given to
to,
the documentary evidence already educedl, we find ourselves, though with deep
regret, compelled to take issue with you on one important point. In your "'review
of July 14 you say, almostt universally the higher officers have so borne themselves
as to suppl, the necessary check over acts of an improper character by their subordinates.' We, on the contrary, have found ourselves compelled to the belief that
thle acts referred to( were far incre genemral---tho demoralization more all pervasive.
This, we submit imd are prepared to show, is established by the evidence before the
W

S'clite
hilippin Comlmittee; )b the findings of the courts-martial published, or on
the .tfiles of the War Depatrtmenlt, and by documentary proof already accessible.
There is, indeed, Xno tribunal before which 'it could be add(uced. None the less, from
the material thus by Imere chance made accessible to1us here, many thousand miles

from the scene andlong after the time of these occurrences, we hold ourselves ready
to direct your attention to concrete ca'sesf the investigation of which would demonstrate the, following criminal acts, contrary to all recognized rules and usages of war,
on the part of officers and soldiers of the lUnited States:
(1) Kidnapping and murder, under circumstances of aggravated brutality.

(2) Robbery.

(3) Torture, both of men and women, alnd rape of the latter.
The infliction of death on other parties, on the strength of evidence elicited
(4)
through torture.
The facts in one of these cases, the most aggravated, were earlyh)rought to the
attention of the ch airman of the Senate Pthilippiine)J Commtittee (the Hlon. Henry Cabot
himr promised; but, for reasons of the
Lodge) and an investigation urged. It was by
nature of which we are unadvised, though presumably from a tender regard for "'the
honor of the Armny, no action was taken. The murder of a priest of the Roman
(:Catholic C)hurch, a man educated, refined, and, so far as appears, guilty only of the
possession of money, was in this case in question. According to witnesses still
believedd to be accessible, he was foully done away with by a commissioned officer of
t.le United States, now in New Enllgland. In yet another case we are prepared to protu(tc evidence of outrage and torture plerpetrted on a Philippine female by those
wearing ouruniform, and of summary death inflicted on (thers upon the strength of
evidence wirng from her by torture.
There is no tribunal before which these cases can be brought for judicial inquiry.
Nevertheless, until such a tribunal exists and is in operation, your order of April 14,
that all offenders shall summarily1b(e brought to justice{ andi the guilty punished, is
not effective; formuch, we have reason to assert, and stand readyto prove, has been
and still remains ''concealed,"' while many wrongdoers, for various"reasons," have

been and still are '"favored or shieldl(d,

Mr. Andrew Carnegie is also a member of our committee. He is in Europe, and it
has been impossible to consult 1im in preparing this communication or to obtain his

396 :

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

signature to it. A copy has been forwarded to his address with a request that, he will,
after due consideration, eomnmunicate with you directly concerning it,
Again thanking you, in our own names and in the names of those we represent, for
the strong words you have so opportunely spoken, and the good work already done,
we submit the foregoing to your consideration.
We remain, etc.,
CuHARtJ FRANCIS ADAMS.
C: Scxunlz.
EI)WIN BURRrIT SMITrlr
HLIBRBURT WELSH.
APPENI)IX B.

BOSTON, September 6,

1902.

Hon. TRHODORE ROOSEVELT,

President of the IUnited Staks, Was.shinyton, D. C.
Sin: On the 22d (23d) July we, as a committee, forwarded to you a communication relating to your '" review" of the 14th of tile same month, as JComtlander in
Chief of the Army, of the findings of the court-martial in the case of ('enx .J. .
Smith. In that communication we expressed our readiness and wish to cooperate,
in so far as was in our power, in furthering your instructions in what is known as
the "Chaffee memorandum " of April 15, to the effect that you "'desired a most
should be
investigation,' and that " no effort
thorough, searching, and exhaustive
violation of the law of civilized warfare
spared to uncover
every case"' of outragetheor offenders
to justice." We further said
"'whieh may have occurred, stand bring
that we held ourselves ready to directt your attention to concrete cases, the investigation of which would demonstrate the following criminal acts, contrary to all recognized rules and usages of war, on the part of oficers and soldiers of the United
States:
1. Kidnapping and murder, under circumstances of aggravated brutality.
2. Robbery.
3. Torture, both of men and of women, and rape of the latter.
4. The infliction of death on other parties, on the strength of evidence elicited
through torture.
No reply to this communication has reached us.
In the course of a speech made by you at The Weirs, N. II., on the 28th of August,
you are reported to have said: "The Army, which has (lone its work so well in the
Phlilippine Islands, has* ** ** * been cruelly maligned, even by some who shouldof
The temptation to retaliate for the fearful cruelties
have known better.
a savage foe is very great, and now and then it has been yielded to, There have
been a few, and only a few, such instances in the Philippines, and punishment has
been meted out with unflinching justice to the offenders."
On all of these points we desire minst respectfully to say we take direct issue with
As the result of a caOreful review of what has been written and said on the subyou.
has not been maligned, "cruelly " or otherwise, cerject, we assert that the Army
as
so
far
we
have been able to ascertain, by any "'who should have
by us, nor,
tainly,
known better," unless the statement of facts admitting of direct proof can be so characterized; the "instances"' in question have not been few, and many such have been
for military purposes, not for retaliation; nor in many, and in some glaring, and
evOennotorious, cases, has "unflinching justice" been meted out to the offenders.
And all this we are prepared to demonstrate before any unprejudiced tribunal competent to summon witnesses and compel the production of papers.
A preliminary statement in support of the above contention is now in course of
and will be forthwith submitted for your information, should you call
preparation,
otn is for it. A more detailed statement, accompanied by a body of evidence, will
be made public by us later. Meanwhile, as our general offer to direct attention to
concrete cases has not been favorably considered, we wish to call attention to a single instance of unpunished outrage, as a specific and test case. If conditions are
such that unprejudicl inquiry can not be made in this case, and justice meted out
it is useless for us to call attention to other cases.
accordingly,
To the case now specifically set forth, we-nade( reference in our communication to
of July 23. We there said it had, some months ago, been brought to the attenyou
tion of the chairman of the Sena1te Philippine :Commiittee, the Hlon IHenry (Caot
no
Lodge, andan investigation urge, An investigation was "by him promised, butincisteps to that end were takend,and, so flar as appears, the lFather
Augustine"
dent was never brought to your notice or to that of the Senate committee. No

97

COURTS*MARTIAL IN THE PxHILPPfINE ISLANDS.

disposition has been shown ill any official quarter to inquire into it, From the evidence submnitxted, it wouldaplle.ar to have been a (cse of Ipeculiar atrocity, involving,
the crimes of kli(lnappinig, torture, ilurder, and robbery.
apparently,
iFeeling that ia mero knowledge of ai occurrence of this sort, unaccompanied by
any attempt to bring tlhe offenders to justice, aIrmounts to a practical lmisprision of
we have submitted the facts, as they have comen to our knowledge, to counmurlrder,
sel in order to ascertain if any measures initiated by us would be calculated to
further the ends of justice.
Herewith we hand you the statement of facts t set forth inl t:lh. communications to
our counsel referred( to, as also their reply.
We earnestly cormmendle the papers to your consideration.
We have the honor to be, etc.,
CH ARLES FRANCIS AD)AMS,
C. ScMluRz,
EDWIN BURIURITP SMITH,
HERBEirr W\EstHr,
C'ommrnittee.

APPENDIX C.
Messrs. MOORFIELD STOREY and JUTIAN CODMAN,

Coumwl, etc., Boston1,

BOS'ION, Al./ugt 22

1902.

Motss.

ENTILEMEN: On behalf of the committee appointed in New York, in May last,

for the purpose of "taking whatever steps might be necessary to effect a full d(sclostre of facts connected with processes and executionsl in the course of military operations in the Philippine Islands," I am instructed: to submit to your professional
consideration the following case, with a view to our h)eing advised whether any legal
proceedings, criminal or otherwise, caln be initiated, to visit with the proper penalties the parties implicated, should such be found guilty of the acts alleged. As the
facts set forth are supl)orted by ex )arte affidavits only, herewith submlitte1d, and so
call for verification, no names are at present given.
During the last half of the year 19(00-that is, less than two years ago at thi:-) time--a
certain company of a regiment of IT. S. \Vollunteers was stationed at Banate, a small
coast town not far from Il:oilo, in the island of IPanay. It was the only
Philippineforce
in the place at that time, and the post, a so-called independent one,
military
waS )ommllan(lded by the captain of the company.'
On or about the first week in l)ecenlmber, 1900, the company in question then
tben stationed at Banate over six months, a United States gunboat arrived
having
from Iloilo having on board a prisoner, wvho wis delivered, presumably for safe-keeping, to the officer commllanding tthe post. The mtan thus delivered was a Filipino,
of about 40 years of age, and familiar with the Spanish tongue. It was
apparently
afterwards understood among the soldiers of the post that he was a priest of the
Romlan Catholic faith, called "Father Augustine." At the timel of his arrival at
Barnate, and delivery to the officerr in command, " Father Augusltilne" w'as dressed,
or rather disguised, in the uniform of a noncoymmissioned officer of the U. 8. Artillery.
His gown and cassock were subsequently carried up from the gunboat to the place
of his delivery by an enlisted maunl. " Father Augustine" was confined, not with
the other prisoners, but alone, in a small room under the officers' quarters. lie
remained tlere imprisoned over a week, during which lie was supplied with an
insufficient allowance of food. To such an extent was thisthe case that the symof a soldier placed on guard over him were enlisted1, and by him the priest
pathiee
was secretly furnished with sufficient to sustain life; this, the order of the commanding officer to the contrary notwithstanding.
On the 8th day of .Decemtner, 1900, "Father Augustine " was subjected to the form
of torture known as the " water cure.' The lurl)ose in view in thus (dealing with
thim was not cormunrlicated to tthe soldiers at the post; but, from information gatthered by certain of them, it was believed to be with the intent of forcing information
from himn in regard to the whereabouts of a sum of money, either in the possession
of the prisoner or secreted in some place known to him., On the afternoon of the
OSee Adams to
totory & Codmlan,
b See Appendix D, post.
'See Story & Codman to Ada(ms,
8 D-~57-2-Vol 15-- 44

Alppllndix C, post.
Appen(lix E, post.

9:8

COUBTTS-lMABTIAL

IN THE PHILIPPINE ISLANDS.

following day "Father Auguistine" was again "put to tthe question." On both these
occasions the torture was applied by a sergeant andi private of tihe company, in the
presence of the commanding officer of the post, and under his direction, the surgeon
of the post also being present. On the night of the 9th, the prisoner was removed
to another house a short distance from his previous place(of confinement, formerly
occupied by the president of the town, where lhe w;as, for a third time, tortured,
The enlisted man who had been a witness of the previous tortures was not a witness
of the third infliction, he having asked to be excused on the ground( that if the torture was again administered it Would result in death. Accordingly, another enlisted
man was substituted for him.
During the night following the third application the prisoner died. IHe was then
at once lburied-a Roman Catholic priest in unconsercrated ground--by a party of
native prisoners detailed for the work.
The names of all the parties concerned in these proceedings are known, and can be,
if necessary, given. Five of those personally cognizant of the facts, in whole or part,
have been examined, and their statements are herewith submitted. The names,
and present location of other witnesses, as of the parties inlplicated, will be
addresses,
furnished if required.
The place at which the events above set forth occurred was subject to the control,
and so within the jurisdiction, of the United States, but at the time under martial
law. There is reason to believe, although this committee has no positive information or legal evidence to that effect, that the facts above stated came, to a greater or
less degree, and at or about the time of their occurrence, within the knowledge of
United States officers high in military command. The officer in immediate charge
of the post has since been :llustered out of the military service of the United States,
and is no longer in the Philippine Islands, but is, or recently was, within the jurisdiction of the United States.
Upon the above facts I am instructed to ask your professional opinion whether it
would be possible for us, as a committee, to initiate legal proceedings of any character-civil, criminal, or military-calculated to further the ends of justice.
I remain, etc.,
CIHARLES FRANCIS ADAMS, Cr)nairman.

APPriENX D.
PStatleenet qf elluianm r, Longe, 20 &S'chool street, Burlington.

BBURLINGTON, VT., May 12, 1902.

I enlisted from Essex and am a Burlington man. I enlisted in the First Vermont
and was at Chickamauga during the Spsanish war. I was then in Capt. C. M. Brownell's company. was honorably discharged Novemler 7, 1898. .I re3enlisted in the
Twenty-sixth U. S. Volunteers the 1st August, 1899), and went with that regiment
to the Philippines on the transport Grant. We stopped at Manila, but did not disembark until we got to Iloilo, We then went to Jaro for about a month. We were
then stationed at Sara for about three months. After that myl company, Company 1),
was stationed at Banate, which is a coast town. I had been on a spi ial detail land
joined the company at Banate after it had been there about a week. This was in
March, 1900. In the fall of that year, November, 19X)., a man reported to be a priest
was sent up to camp from Iloilo. Hle arrived by boat in the afternoon or evening
and (came up by the quarters. I saw him, he was dressed as a sergeant of artillery.
He was confined in a small room under the officers' quarters, lHe was a stout man
and had the top of hihi ead shaved. Ile looked abxolut 40 years old.
He stayed there about two weeks. On l)ecember 9 I saw him about 6 o'clock
walking down the street with the captain. I never saw himt again, though I miountedl
over the prisoners. That night I was at the quarters which were some little
guard
distance from the prison I suspected that something was going on, but knew of
nothing myself. Afterwards I was told by other men, I don't remember which ones
particularly, because it soon got to be tcam p talk, "'that the water cure had been
given to the priest that night and he had died under it, arnd that his body was buried
that night on the parade ground."' Ie
not have b:Heen removed from the
without the knowledge of the guard. l)uring the latterr part ot the stay of thecampln
regiment the water cure was frequently admnilmstered( to prisoners to get information, I

cohll

COURTS-MARTIAL IN THE PHXLIPPINE ISLANDS.

99

never did it myself. It was done by a special squad. At first the treatment of the
was lenient, but toward the last part of the time the captain was stiffer

nigges

toward them.

WM:. J. LON(E.
MAY 15, 1902.
Then appeared the above Wm, J. Long and made oath that the a'ove statement
was true, before me.
W. L. BURNAP, Master bi Chancery.
Statement of John
l. Bremnahan.
My name is John J. Bresnahan. I live at 101 Pearl street, Burlington, Vt. I am
25 years old. I entered the military service of the United States 27th July, 1899,
and was a private in Company I), commanded by Captain Brownell, of Twenty-sixth
U. S. Volunteers. I went to the Philippine Islands with my regiment. Discharged
13th May, 1901.
I remember the (lay the priest came, he was dressed as a sergeant of artillery, and
was confined in a room alone. 1 think he was in camp at least nine days. On the
afternoon of the last (lay on which I ever saw the priest I was ordered to take him
up to headquarters. I took him up there. I saw him after the cure had been given
that afternoon. lIe looked done up and the tears were running from his eyes. I
with him for three-quarters of an hour, I took him into a rear room by order
stayed
of Captain Brownell and made him lie down on a ladder which was slanted up.
Captain Brownell wanted him to sign some papers and he refused to do so. Then
the captain said he would give him fifteen minutes to decide whether to sign the
papers or take the water cure
at(gain. le finally agreed to sign the papers. He then
them. I then was told to take lhim back to his cell and I did so. I did not
signed
see him again until about 9.30 or 10. Then I saw him taken out of his cell by Sergeant Campbell and Private Branch. Sergeant Carlpbell blindfolded him and he
was taken out to another building. I never saw him again. About one hour after
l'rivate Branch came to the guardhouse where I. was for some picks and shovels.
Later I saw a party of prisoners going in the direction in which the priest went.
JOHN J. BRESNAHAN.
MAY 12, 1902.
the above John J. Bresnahan and made oath that the statePersonally
appeared
ment above subscribed by himl is true, before me.

JULIJZAN CODMAN,
Justice of the Peace.

Statement of Albe!l L. Cross.

My name is Albert L. Cross. I live at 208 Colchester avenue, Burlington, Vt. I
am 25 years old. I entered the military service of the United States September 21,
1899, andwasaaprivate in 1) Colpany, commande(1 by(CaptainBro:wnell, Twenty-sixth
U. S. Volunteers. I went to the Phlilippine Islands with my regiment and was discharged May 13, 1901. Regiment landed at Iloilo; from thence we went to Jaro and
Sera, and finally, March 1, 1900, our company went toBanate. While there we were
the only company andl the post was commran(led by Captain Brownell.
I remember the day the priest came up to camp. lie was dressed in the uniform
of a sergeant of artillery. I knew he was a priest because 1 carried his robes up to
quarters from the gunboat. lie was confined alone in a little room under the officers'
quarters. He remained there about nine days. During that time I and another man,
by direction and in the presence of Captain Brownell, gave him the water cure twice,
once about a week after he arrived( and the second time the next afternoon. The
cure was given for the purpose of getting money which lie was supposed to have for
the insurgents. Sergeant Camp)l I was the man who assisted me.
That same afternoon I heard some one at headquarters say, ' We are going to give
it to him again to-night." About 10 o'clock
I received an order from
that
to go over to headquarters, that
Captain Brownell, delivered by Sergeant Camnpblll, night
they were going to "dose the nigger again." 1 asked to be excused, and he excused
me and ordered Private Branch to go with him. The next that happened I saw a

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

1)0
of prisoners, from the window of a house which I was in near the quarters,
squad
coming over. I did not look closely at them; I knew what thad happened. I heard
them dig a hole on the parade ground, and I knew that they buried the body on
the parade ground. In the afternoon at headquarters the doctor, Woods, Camppbell,
and Brownell were talking the matter over, and I said that if the cure was given to

him again it would kill him. That was the reason I asked to be excused.
ALBERT L. CROs,.
MARCH 12, 1902.
appeared the above Albert L. Cross and made oath that the above
Personally
statement subscribed by him is true, before me.
JULIAN CODMAN, Justice of the Peace.

Statanent of Walter H. SnnwJ.

Walter H. Snow is my full name; address is 117 North Battery street, Burlington.
age is 22. I enlisted on the 26th of July, 1899, in the Twenty-sixth UT. S. VolunMy
teer Infantry, assigned to D Company. Sailed with my regiment. Discharged 13th
of May, 1901. I saw the priest when he arrived on the gunboat. lie vas dressed as
an artillery sergeant. I stood guard over him that morning. I was sorry for him
and used to give him food, though there were strict orders against it. They gave
him very little food, mostly bread and water and a little rice. I saw him for the
last time the day before he disappeared. I know that the water cure was very fregiven to get information and
guns. The men used whatever water came
quently often
salt. The pain must have been very great. I have seen them give it
handy,
to some men three times.

WALTER II. SNOW.

MAY 12, 1902.
oath that the
made
H.
and
Snow
above-named
Walter
the
Personally appeared
above statement subscribed by him is true, before me.
JULIAN CODMAN, Justice of the Peace.

Statenmedtqf.Jalph If,

Baker.
My name is Ralph H. Baker; address, 105 Elmwood avenue, Burlington. I was
a member of Company D, Twenty-sixth .U S. Volunteers. I was at Banate with
my
company. I saw the priest when he arrived at the guardhouse. lie was
dressed in an artillery uniform with chevrons.
The last night I ever saw him I was acting as orderly to the commanding officer
of the post, Captain Brownell. They gave the priest the water cure in the afternoon.
1 was in the hallway and could see through the door. Captain B.rownell sent me
out on some business and I saw them bringing the priest out of a room and taking
him back to his cell. The next I saw him was in the evening, when he was brought'
out of his cell with a white handkerchief tied over his eyes. I saw them take him
down to a house formerly occupied by the president, where I was posted as guard.
command of the guarl, and we had orders to let no one
Sergeant Woodside wasI in
the house. was relieved in about an hour and sent to quarters, and we
approach
were told to Ie as quiet as possible. Later that night Private-( reenough told nme
that " it was all off with him."
RAL,PII H. BAKER.
MAY 12, 1902.
H.
Baker
made
oath that the
and
the
alove-named
Ralph
Personally appeared
above statement sigunbJ him is true, lwfore me.
JULIAN CODMAN, Justice of the Peace.

OOURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

101

AmRNl)1x E.

BosTON, A ugust 28, 1,90.

CHAiuLt FAIANCIS ADAMS, Ejsq.,
23 C>urt Sreet, Boston. Mass.
DhAnR Sin: We have considered your letter of the 22d instant in which you state
the facts regarding the killing by torture of lather Augustine at Banate in the
Philippine Islands and ask "whether any legal proceedings, criminal or otherwise,
can be initiated to visit with the proper penalties the parties implicated should such
be found guilty of the acts allege(. '
In reply we would say that proper proceedings can without doubt be instituted to
the criminals, but that to insure an energetic prosecution the cordial cooperapunish
tion of the proper Federal authorities is essential. If proceedings are taken in any
civil court the case must be tried by sonme United States attorney. If on the other

hand the defendants are tried by court-martial the initiative must be taken by the
authorities.
military
We are of opinion that the only practicable course open to your committee is to
lay the facts before the President of the United States, who has assured the country
of his determination to investigate and punish every case of barbarity, and who will
doubtless welcome this opportunity to make an example of a conspicuous offender.
Yours, truly,
MOORFIELD STOREY,
JULIAN CODMAN.

G. W. BRANCn, late private, Company D, Twenty-sixth Volunteer Infantry, having

first been duly sworn to testify the truth, the whole truth, and nothing but the truth,
as to the matter respecting which he was to be examined, did testify as follows:
Q. What is your name?-A. . W. Branch.
Q. Were you a member of Company D, Twenty-sixth Volulteer Infantry?A. Yes, sir.
Q. What is your age?-A. Twenty-five.
Q. What is your occupation?-A. I am a locomotive fireman.
Q. What is your address?-A. Genesee street, Avon, N. Y.
Q. Were you stationed at Banate?-A. Yes, sir.
Q. At what time were you stationed there? -4,. I was stationed there six or eight
months in the fall and winter of 1900-1901.
Q. Were you mustered out with your regiment?-A. Yes, sir.
Q. What kind of a discharge did you get?-A. Very good.
Q. Were you under the command of Captain Brownell?-A. Yes, sir.
Q. Was there a prisoner there by the name of Augustine de la Pena while you
were at Banate?--A. There was a man there. I don't know whether his name was
what you called him, or not. I don't know whether he was a priest or not.
Augustine,
Q. Describe himn.-A. He was a man, I should sayt 4 foot 8, a stout built man.
This officer had him there in solitary confinement.
Q. What oflicer?-A. Captain Brownell; and Captain Butts was there some of the
itme.
Q. Go on and tell all you desire.-A. They tried him there, I could not swear as
to that. It seems they could not get anything out of him, so they kept him there
longer. One night I was detailed for a guard, about, I should say, half past 8 or 9
o'clock in the evening. We went over there to this solitary confinement-Sergeant
Campbell,
myself, and a fellow named Artificer Davis, and there was another one.
We took him down to a house where the president of the town lived. The president
of the town deserted that house just a little while before because we had a little scrap
there and trouble. Captain Brownell was there, and this contract doctor for the
Woods, and the interpreter from the Filipinos, I don't know his name. I
Army,
believe Worthington care down there a little while afterwards; they took him into
a small room in that house. Captain Brownell was in there, this interpreter, Campbell, and somebody else. I was in the next room, outside that room over a
that goes up from the outside, guarding that stairway so that nobody couldstairway
get up
there. Outside there was a guard placed under the building. Brownell and these
had water in there. Dr.
fellows, I suppose, gave this man the water cure.
Woods was there some of the time. I could see thatThey
lie was tied down; his hand
and feet were tied. They had water in there-a couple of cans of water.
Q. Do you know if they gave him the water cure?-A. I could not swear if they
gave him the water cure or not. They had water in there.
Q. Were you present when he died?--A. No, sir. I was in the building, but not
in that room. I was one of the guard that buried him.

102

i OUSTSMARTIAo

r1Ti aE PILPPiN, 18TLANI)

Q. Was Captain Blrownell in the room when he diedd?--A. H' wa, sir; I know
he was.
Q. What was the ondlitioll of the priest wlhe they t.ook hlim in there? Was he
able to walk?-A. Yes; he could walk.
q. Did he say anything?-A. 1 don't know whether he (lid or not. 1 could not
remember.:
sent for the d(ltor, and I went in there
Q. Who told you he was dead?-A. They lie
said he was dead. I saw the doctor
t then
when the doctor went in the room.
work him to life,
try toYou
him dead there?-A, I did.
(Q. And saw saw
the water?--A. Ye, sir.
Q.
you
him tied on a
(, Did you see hi tied there?-A. Yes; he wastisl. They
board.
Q, Do you know if he was buried?--A, Yes, sir.
Q. Where?-A. HIe was buried between where the other priest used to live, the

l1l

church and the guardhoulse.,

do you know where he wisw buriodlPA. I seen hilm,buriled there.
Q. IHow
Q. And you helped to bury him?--A. Yes, sir.
Did you ever see the water cure adminiistered?--A. Yes, sir.
Q,Q. State
the occasions when you saw it ad(ministered,-A. I saw it many times.
was all the time giving it, If le wanted to find out anything he
Captain Brownell
would give the water cure.
Q. State somel of the instances.-A. He gave the water cure at Anileo to natives
there when ho was on a hike to find out things. He gav the water cure to a couple
of Filipino officers in headquarters at Baanate? and ie gave the water cure in the
mountains when we were on a like going to )ilnglay. When hle captured a seaport
town and we stayed there four or five days, le gave the water cure to a good many
there.
Q. For what purpose did he give this water cure?-A. To find out information
about guns and things and where the enemy was.
the dates?-A. I can not.
Q. Can you reemeberwas
life taken by administering it?-A. Only at that one time
Q. In these instances
in the case that I have testified to.
Q. Has anyonebeen here to get your testimony uIxn this subject?-A. No, eir.
Q. Have you told all you know?-^A.'Yes, sir.
G. W.

B$ANCmI.

this 21st day of October, 1902, at Avon, N. Y.

E. H UNTEE,
Ji:dge-Ad.!ocate, U. S. Army.
WILLIAM LA BIaT, late private, Company D, Twenty-sixth Volunteer Infantry,
first been duly sworn to t estify the truth, tlhe whole truth, and nothing but
having
the truth, respecting the matter concerning which he was to be examined, did testify as follows:
Q. What is your name?-A. William La Belle.
Q.Where do you reside, and what is your occupation?-A. Pressman for the General Electric Company. I reside at 25 Walnut street, Lynn, Mass.
Q. Were you a member ()f Company D, Twenty-sixth Volunteer Infantry; if so
from what time until what time?-A. I enlisted the 10th (lay of August, 1899, and
was lmutered out the 13th (lay of May, 1901,.
given you on your discharge?-A, ERxcellent.
Q. What character was
Q. Were you during all this time on duty with
your company?-A. Yes, sir.
Q. Who was the company coirmandle?--tA. Captain Brownell.
Q. Where were you stationed?--A. I was stationed in three different postsSara,and Banate.
Jaro,
Q. During this time that you were a member of Company D do you know of your
own personal knowledge anything about the water cure having been administerle?A, Yes, sir.
Q. State all the circumstances known to you concerning the administering of this
water cure.-A. It wias in a church in a town called Analau I saw the water cure
administered. It was given by Captain Browiell's order, I supposed, because ho
was right there. It was administered to a Filipino native. They wanted to find out
where there were some guns, I don't know the name ot the native,
Q. It was administered under whose order?--A. Under Captain Brownell's order.
Q. At this time did you see it administered?-A. Yes, sir.
Q. State what other times you saw the water cure administered.-A. That is the

Subscribed and sworn to before

only time.

me

OOCURTS*XABTAL IN TE PHIPINEm ISLADS.

108

Q. While you wre a member of Company D, Twentyrixth Infanty, did you se

a native priest brought in as a priwser?--A. Yes, ir.
Q. 1)o you remember his nane?--A. Yes, sir; Father Augustine.
Q. When and where was this that you saw him?-A. This was in Banate. I don't
remember the date.
Q. Do you, of your own personal knowledge, know if the water cure was administered to this priest?-A. No, sir. I did not see it.
Q. Do you, of your own personal knowledge, know anything further in reference
to this matter of administering the water cure than what you have testified to?-A.
No, sir.
Q. Were you ever on the detail to minister the water cure?-A, No, sir. I never
was on that detail.
Q. Can you give the names of any of the men who administered the water cure to
this priest?-A. Yes, sir. Sergeant Campbe ll,en
Waing George Branch.
Q. low do you know that they were of the suad?-A. They told me so, and I
saw themll go out of quarters. They told me after it was all over.
Q. What do you mieaft by "after it was all overt"-.A. I mean after they had
him the cure.
given Io
Q. you mean this last time they gave it, when he died?-A. Yes, sir.
Q. At this time of which you are now testifying, when this thing was all over,
what did these men tell you?-A. This was about 2 o'clock in the morning, or at any
rate, something in the night after 12 o'clock, my squad mate and chum, Ralph Baker,
came and woke me up, and told me tlhe priest was dead and being buried. That is
all I knew about it.
Q. What else did he tell you?--A. Well, he told me they were burying him then.
Q. Did he say what caused his death?-A. lHe said the water cure.
Q. Do you know the address of 1Ralph Baker?-A. Up to a month ago he was at
Bellows Falls, Vt., firing on the railroad.
Q. Do you know the address of aLon Walling?-A. No; I don't. It is somewhere
in the northern part 'f the State of Vermont,
WILLIAM LA BELLE,
Late
, Company D,
Infantry, U. . Volunteers.
Subscribed and sworn to before me this eighth day of November, 1902, at Lynn,
Mass.
E. HuNTER

private

vtenty-o.rth

JudgqeAdvocate, U. S. Army.
ALFRED W. BERTRAND, late private, Company D, Twenty-sixth Volunteer Infantry,
the truth, the whole
and nothing but
having first been duly sworn to

t.etfy which he was to be examined, did testify

the truth respecting the matter concerning
as follows:
Q. What is your name?-A. Alfred W. Bertrand.
Q. Where do you reside and what is your occupation?-A. I reside at 26 Walnut
street, and am an electric worker.
Q. Were you ever a member of Company D, Twenty-sixth Volunteer Infantry?
If so, from what time untl
atat time?-A. From the time I joined the regimentthe date I can not remember--until it was mustered out.
Q. Were you all this time on duty with your company?-A. No, sir; but a very
short time. On August 9, 1899, I joined the regiment and was assigned to Company
D. On August 12 of the same year I was detailed as regimental clerk at headquarters. On March 12, 1900, relieved from regimental headquarters, and ordered back
to my company for duty at Banate. In the month of September again detailed as
clerk headquarters fourth district, Department of the Visayas.
Q. Who commanded thecompany while you were with it?-A. During the greater
part of the time, Captain Brownell.
Q. Do you know of your own personal
anything about the water cure
with the company?-A. Not of my
having been administered while you were knowledge
present
own personal knowledge.
Q. While you were a member of the company did you see a native priest brought
in as a prisoner?-A. I was not present at the post when
he was brought there nor
during his stay there.
Q. What was the character given you when you were discharged from the volunteers?-A. Very good.
Q. Was this character satisfactory to you?-A. No, sir. I called for a board of
officers.
Q. Previous to this discharge from the volunteers had you served in the Regular
sir.
Arny?-A. I had. Yes,
truth,

104

*LT8XMAlTIAL IN THI PILIPl"N ISLA.ND0.

Q. It what organistion?-A. It Troop 0, Fifth Cavalry; Regimental Band, Fifth
(Cavalry; Troop H, Fifth Cavalry, and Troop F, Third Cavalry.
Q. What was the charactergiven you on your discharges from the Regular Army?A. In all case ' Very good.
Q. What was Captain Brownell's treatment of you while you were a soldier under
his contmand?-A. I decline to answer.
Brownel1?-A.
Q. Have you ever, in any way, made any threats against Captain
that depends upon what might be considered a threat. If referring to this
Well,
case of Father Augustine and the publishing of the facts connected with it; upon my
from the service would be considered a threat, then I have; otherwise not.
discharge
bear
Brownell?--A. I doil't care to answer.
animus toward
)o
OOU

Q. you
Captain
any
Q. Do you desire to) make ay further statement than you have now adle?-A.
There is one thing. Just previous to the final mustter out of the company I requested
to inform me of the character he was going to give me n my disCaptain Brownell
He replied that he had not made 11up his mind. Five minutes before that I
charge.
hdhad seen thae dichaire as they laid on histable in his tAit. The character on mine
was "very good." rthen informed the captain that under certain paragraphs of the
Army Rgultions I was entitled to call for an investigating board, which I did.
These oi cers sustained Captain Brownell in his decision(, notwithstanding that at
the time of !my detail as district clerk the character given me by the captain on the
list which was forwarded at the same time was "excellent." This was
descriptive
about August, 1900. I never did duty with Company D from that day until the final
muster out of the company. In support of my character I have recommendations
from Colonel Rice, commanding officer of the regiment, character "excellent in
Capt. Harris Pendleton, adjutant Twenty-sixth Infantry, charatAer
every respect;"First
Lieut. S. Avery, jr,, adjutant Second Battalion; Maj. E. D, Ander"'excellent;"
son, and others.
Ai
ALFRED W. BInRAND,
Iate Private, Company D, Twenty-tvth Infantry, U. S. Volunteers.
Subscribed and sworn to before me this 8th day of November, 1902, at Lynn,
Mass.
E. HUNTER,

Judge-Advocate,

U. S.

Army.

APPENDIX F.

NAVY DEPArITMENT, Washington, October 5, 190S.

letter
of September 26 1902, relating to the allegato
In
further
Sin:
reply your
tion by the Hon. Charles Francis Adams that a certain Father Augustine was convey(el as a prisoner from Iloilo, island of Panay, to Banate, a small seaport town on
the east coast of Panay to the northeast of Ilolo, I have the honor to inform you
that the log book of the U. S. gunboat J'aragua contains tle following entries:
"Under date of November 23, 1)00, 7.45 p. In., Captain Brownell, Twenty-sixth
Ul. S. Volunteers, came on board for transportation to Banate.
Infantry,
"8.11 p. m., detachment of Eighteenth Infantry scouts came on board.
" 9 p. n., received one
military prisoner on board.
"10.0 p. in., got underway and stood out northern entrance for Banate. (From
Iloilo.)
"Under date of November 24, 1900, 4.25 a. in, anchored off Banate in 24 fathoms.
"5.30 a. mi., landed soldiers and prisoner.
" Under date of December 6, 1900, 8.30 p. m., embarked 70 soldiers and 2 officer
of Twenty-sixth Intantry on board. (At Iloilo.)
"9.30 p. mn., unmoored and left river with tug Vicenta and two boats in tow.
"10.30 p. nm., stood out northward passage.
"Under date of December 7, 1900, 1.40 a, m., anchored in mouth of Polak River,
in 5 fathoms.
"2 a. i., icenta left for Banate with Captain Butts, Eighteenth Infantry.
"7.30 a. nm. stood up river, sent detachent of soldiers up branches of river.
"3 p. i., all detachments returned.
"3.40 p. mn., anchored in fork of principal stream; sent out expedition to destroy
houses and canoes.
"7.05 p. m., all expeditions returned.
"11.50 p. tn crossed bar and entered other branch."
At this time Lieut. A. Althouse, U. S. Navy, was il command of the Parag and
to the inquiry whether Father Augustine was transportedas a prisoner on bard the

tiSLANDS.

0OUBTS-XABTIAL IN THE PHILIPPIN

105

PItraua from Iloilo to Banate, about D)ecember 8, 1900, Lieutenant Aithouse replied
as follows:
"Transported army prisoner, unknown identity, with army detachment on Paragua
Iloilo to Banate about time mentioned."
Ensign A. C. Owen, U. ,S Navy, was also attached to the Paragwru at the time
mentioned, and in reply to the same inquiry, states as follows:
"'A certain father,' whose name I think was Augustine, was brought aboard the
about 11 o'clock at night dressed in the artilleryman's khaki uniform. He
PIargua
was brought on board by a Captain Butts, of the EighteenIth Infantry, who had captured him. lie was left at Banate, before daylight, and it was after that time I heard
of the man's personality."
Lieutenant Althouse is now on duty on the South Atlantic Station.
Ensign Owen is on duty on board the Columbia at New York.
Very respectfully,
CHAS. H1. DAILING, Acting &ecretary.
The SC
WUTAUY o( WAR,
APiPENDIX 0.

MAY 10, 1902.

DEAR SENATOR Lorx:; I hand you herewith some statements by General Hughes,
regarding the deatl of Father Augustine.
ELnx Ro(Yr, Seretary of War.
Very sincerely, yours,
Hon. UIHENBY CAJOT LOD<mE,
Ulhited tates Snate.

IHEAJI)UARTER DEPARTMENT

OF

CALIFORNIA,

()OrICE OF THE COMMANDING (GENEAL,,

San Francico Ca, April 30, 1902.

CORBIN,
Major-General
(7. S. Army, Adjutant-General, Washington, D. C.
DE)AR (ENjiKAI,: My attention has been called to a statement of William Lebelle
and A. W. Bertrand, late private in Company D, Twenty-sixth U. S. Volunteer
as published in the Washing4ton Post of April 24.
Infantry,
I do not have any personal knowledge of these men, but the statements made by
them relative to the death of Padre Augustin (e la Pena do not agree with the information given me at the time. The history of this man and his death, so far as known
to tie, is as follows:
Soon after the occupation of the provinces of Iloilo, Capiz, and Antique in January,
1900, it was found that iPadre de la Pefia, of Dumangas, was very active in the interest
of the insurgents and was quite an important factor to the cause.
About the middle of February, 1900, as nearly as I can recall, Lieutenant-Colonel
Dickman and Major Henry came to my quarters and asked if I would authorize them
to arrest Padre Augustine de la Pifla. My reply was that no individual, whatever
his calling, could be exempt from arrest if he was an obstacle to the accomplishing
of the purpose for which the Government had sent us to thle island. But it was
impressed up)n them that in making the arrest it was very necessary that the evidence should be convincing that he was an active obstacle in our way in accomplishing our mission.
The arrest was not made at that time, as I was given to understand, because sufficient evidence to incriminate the man could not be obtained. For several months

from:

Padre de laI ifa remained at I)umangas, and

time to time I received accounts
of his work against us,
in the way of collecting and supplying money to
the insurgents. Joaquin de la
Plifa, one of Quintin Sallas's captains, was his brother.
But while I had convinced myself of the padre's activity as an insurrecto, the pre-

especially.

sentable evidence would not have been sufficient for conviction before a commission.
On or about
1899, the information came to me that Padrel e la Pifla was
about to changeJuly,
his residence from Dumangas to Janiuay, which would have been
an ideal position for the purpose of obstructing our work.
In order to checkmate this intention and to advance our own interests, it was
determined to occupy both Janiuay and Maasin, which being done, de la Pifa transferred himself to Molo. I then cautioned the commanding officers of Leon and
Maain to keep a lookout for the padre, for he was an active enemy.

t106

covaOsBT*.AIA

In course of time-I

am

IN THt PmiPINZ

ISLArNDS.

unable to state the month, but think it was in late

November, or December, 1900-the commanding officer of Maasin arrested the padre

and delivered him to the commanding officer ofBanate for confinement.
When I learned that he was a prisoner I looked over the cotta and elsewhere in
Iloilo for a suitable place to confine him, for I did not wish him confined in the
common prison. I was unable to fihd any suitable place in Iloilo, and as I was
informed that he was confined in the church in Banate I concluded it was most con-

ortable for him there, and so did not transfer him.

After Padre de la Pifia was confined it was ascertained that the Hongkong and
Shanghai Banling Company had issued to him a certified check for quite a sum of
money, ind no knowledge could be obtained from the bank as to the final disposition of this check.
Shortly after this discovery the commanding officer of Banate reported the death
of Padre de la Pifia, and came to department headquarters and stated to me in person that it had occurred to him that the padre had the check concealed in his
and that hte demanded his soultane cf him and found the check, and that
soutane,
the excitement or disturbance caused by so doing had apparently caused his death.
The written report was returned to the medical officer of the station for report as
to the cause of death, and while I can not state now from memory the wording of
his report, yet hle stated that heart disease was the cause of death.
The formal report of the ldeth of Padre de la Pifla while a prisoner, made by the
officer at Banate, and the report or endorsement on that of the com.
commanding
officer as to the cause of death, should be found in the official files in the
manding
office at Iloilo or in Manila. If it is thought advisable to call for them by cable I
think a simple request to the adlutant-general Fifth Brigade, where the records of
the defunct Department of the Visayas were left, would secure the papers or a copy
of them.
Of the brutalities said to have taken place at Anileo, near Estancia, and of the
woman and child in )unangas, I never had any hint, anc^ I am not prepared to
believe that any American soldiers did such things.
Very truly, yours,
R. P. Iuouzs, U. S. Army.

[Extract from the Washington Post, Thursday, April 24,1902.]

TORTURE OF PRIEXT-ALLEBOED MURDER BY AMERICAN SOLDIERS AT BOLO-A WATERCURE ATROCITY-SENATOR LODGE PUT TN POSSESSION OF PACTS BY FORMER PRIVATESWATCH AND CHAIN OF TlHE VICTIM SAIl) TO HAVE BEEN TURNED OVER TO A COMMISSIONED OFFICBR-OTIIER INSTANCES OF SAVAGE WARFARE IN TIlE PHILLIPINW
GIVEN A STATEMENT
B1Y WILLIAM LABEILLE AND ALBERT W. BERTRAND, OF LYNN,
MASS.

LYNN, MASS, ApriZ l8.

Labello and Albert W. Bertrand, formerly privates in
Lynn men, William Regiment,
IU. S..Volunteers, have sent to Senator Ixodge
Company 1), Twenty-sixth
a statement of instances of applications of the " water cure " in the Philippines that
came under their observation, Bertrand was clerk of Company D and regimental
clerk atheadquarters while the regiment was stationed at Panay. Labelle says that
while at Anilao three natives were taken by Company I) into a Catholic church and
the water cure. One of the natives refused to tell where insurgent guns were
given
secreted, and after he had been given tho water cure he was blindfolded, and one of
was
near the man's head. The instant the
the soldiers fired his
Two

fired,
gun
gun
another member of the squad hit the native with a stone, and( he was told that he
had been shot. The native then told the United States soldiers where they could
find the guns. Labelle gives the names of the officers and privates who participated
in administering the punishment.
Labelle further says that in the summer of 1900, while the United States forces
were about 3 miles from EFtancia, Company ) captured three natives and gave them
the water cure. After the men had been filled with water, blood came from their
eyes and ears.
INE
F:AT OF FATHER AIUGUT.

Bertrnd has furnished Senator Lodge with particulars of the alleged disappearance
and killing of Father Augustine, a Catholic priest at Bolo. He says it was reported
that Father Augustine knew where insurgent gold was buried. Men from Company
I) captured him in December, 1900, and dre him in a uniform of the Unitedtat

OOURT*IMABTIAL

IN THE: PHiLPlliE

IBLAND

S.

107

He was then taken to Banate and kept in a well. He refused to tell where
artillery.
the gold was buried, and on the night of December 9 ie was taken to a house for.
merly occupied by the president of the village, Upon his arrival there, Bertrand
says, the water cure was given him by the "water-cure squad." The men succeeded
in getting nearly all the water out of him, but he did not revive. The men became
frightened and a surgeon was sent for. Ilis services proved unsuccesful, and Bertrand says that the priest died.
OIVEN NAMEN

Of NEN ANDI OFWICEM.

Some of the mien were sworn to secrecy, and the body was buried in a plat of land
used by the troops as a baseball ground. Bertrand says that a noncommissioned
officer was seen with the priest's watch and chain, and when a commissioned officer
learned this they were turned over to him, Bertrand gives the names of the men
and officers taking part, and also refers to several officers.
According to labelle, when Company 1) was on a bike, while stationed at Dungas,
in July, 1900, the men were ordered to burn everything, and see that no grown person escaped.
This, Labelle says, the men proceeede to do. Labelle and Bertrand say that while
at Dungas the soldiers cae to a hut where a native woman had just given birth to
a child. The husband was made a prisoner and the woman and child were dragged
from the house and left on the ground. The native shack was then burnedbut
Labelle and Bertrand do not know what became of the woman and child.

OFFICeR WHO

[Extract from the Washington Post, Thursday, April 24, 1902.]

TOOK THIE WATER CURE--LIEUTNANT JAMES TELLS OF HIIS XXPERIEN(B
AT HAND OF THE FILIPINOS.

Los ANGELES, CAL., April e..

Charles E. James, formerly first lieutenant of the Thirty-sixth Reiment, U. S.
Volunteers, who is now a residentof of Ios Angeles, is quoted as havgl said that
agitation against the use the "water cure" in the Philippine is due to
present which
magnify the cruelty of the operation.
reports
"I have taken
the 'water cure and know what it is; it was administered by the
said Lieutenant James. "I have seen it administered to several hundred
Filipinos,"
natives and know its effects. Let me state that I never knew of the 'water cure'
victim.
killing aone
Jack Roberts, a son of Genexperience took place in June, 1900.
"My
eral Roberts; a private, of the name of Gallion, andCapt.
were scouting just north
myself
of Biacanabato Pass, out from San Miguel, when a force under General
Treson sur.
rounded us. We were taken into the mountains and forced to march three days
without food. We made from 18 to 22 miles a day. This starvation was carried out
with the intention of forcing us to divulge any army news. It did not succeed
how,
ever. At the end of that time we were introduced to the 'water cure,' which by the
natives is called 'tubig.'
"Regarding the effects of the 'cure,' I will state that the distention of the stomach
and the accompanying pain is all there is to it. I strangled once, but one quick
cough ended it. The 'cure' is not pleasant, but I.would rather take it than receive
a beating. My companion suffered no after effects that I could notice."

HEADQUARTERS DEPARTMENT OF CALIFORNIA,

OFFICE OF THE COOMMANDING GONEBAL,

a nrwisco, Cal., Odotere, 1W9
:
:
Brig. G(en. GaOorx B.DAVIS,
Judye-Advooate-Genral, U. S. Army, Washinn, 1D. C.
MY D)EAR GENKERAL: Your letter of inquiry of the 3d instant has just been received,
It is not possible for me, here ald now, to fix the time when Father Augustine de la
Pena was taken to Banate and delivered
to the commanding officer at that place as a
risoner. It was about the 1st of December, 1900.
I do not know that he was taken
y boat, and have always
that he was taken overland by the detachment

tht captured him, whlchsupped

was a portion of Company H, Eghtenth United States

108

OOaUBTS-MAiX

TIAL IN THE PHILIPPINE ISLANDS.

Infantry, then serving as mounted troops. If he was taken by boat I have no knowl.
edge of tat fact.
It was not known to me that Father de la Peha was a prisoner until some days
after he was taken. Having been apprised of his capture and confinement at Banate
as Ihe was the acting bishop of the diocese of Jaro I wished to have him well cared
for, and looked about to sHe if he could be properly taken care of il Iloilo, with the
view of having him transferred to that place.
)wing to the fact that the insurgents had burned Iloilo at the time it was occupied
our forces, we were greatl pressed for shelter, and there seemed to be no place in
by
which to lwoate Father do lait ena unless lie was sent to the general prison. That
was not considered to be a suitable place for him, so I concluded he would be more
comfortable in the church at Banate where I understood hle was confined.
80 far as known to me Father de la Pena never suffered any punishment in the
nature of the "'water (cutre," or in any other way. His death was officially reported
to the headquarters. This report was returned to the mIedical officer for a statement
of the cause of his death. My recollection is that the medical officer stated the
death of Father do la Pena resulted from heart disease. But that paper must be on
file somewhere, anld may nlow be i Washin gton. Later on the commanding officer
came to Iloilo anl personally gave lme a verbal account; of the padre's death, and
there was 1o suggestion of any iputnishment of any character in his account.
The Twenty-sixth Volunteers sailed for home on or aboit the last of February,
190--tho exact (late I can not now give-an( I left for Samar early in May. While
in Samar, about the last of July or early in August, a letter came to me from an
ex-soldier of the Twenty-sixth Volunteers, saying that a Spaniard from Boston had
-been in Burlington, Vt., inquiring about tile death of Father de la Pena, and stating
that he knew all about it.
I replied saying, in substance, that I had supposed I knew all about the death
of Father de la I;ena, but his letter had mised a doubt in my mind, and if he would
to go on, I would have an investigation of the matter.
giveNome somewasdata
received to that letter, andtl all the troops who were on the
reply everthe
island of Panay at
time of the occurrence, had returned to the United States, it
was impracticable to do anything in the way of further investigation from where I
then was.
I do not.have this soldier's letter here, and no copy of my letter to him was
retained, as at the time it was written I was confined to my room in Calbayoc and
wrote thle letter myself. I regret to say that I am now totally unable to recall the
soldier's name, nor do I believe that I could recognize it if it was suggested to me.
Thie arrest and confinement of Father lde la Pena was not at all surprising to me.
Some eight or ten months previous to the time in question, Lieutonant-Colonel
Dickman and Maj. (Gy V. Henry, jr., came to Ime and asked if I would support
them in arresting this padre. They were told that they would be supported in
arresting any one, regardless of their condition, position, or sex, if they could establish the fact that lie or she was an obstacle il the way of our accomplishing the
object which our (Government expected of us.
I left Iloilo on an expedition the next morning, and (lo not know tile details of the
search made for proofs against Father (1e la Pena, but I understood, in a very general
way, that a search was made of his office at Dumangas, and proofs were not unearthed
which were considered enough to justify his arrest,
Evidence of the padre's connection with the insurgents continued to come in to lme
for some months, At Cone time he proposed to move his place of business from
Dumangas to Janiuay, the most populous pueblo in Panay, and located on the debatable belt between our forces andI that of Delgado. In order to head hill off I had
garrisoned. The padre then took up his residence in Mole, which was tlhe
Janiuay
seat of the insurgent Junta.
When he made this move I cautioned the commanding officers between Molo and(
the insurgent lines to keep a lookout for this man, as lie wa busy with the affairs of
the insurgents, but we could not get the proofs, and that if he was found passingi
or out of our line of posts, to arrest andconrfine him. Thus his arrest was no surprise
to me, and excited no anxiety.
Respecting your inquiry, "Whether the fact that the 'water cure' was being
resorted to by troops under your command, with a view to obtaining information as
to the plans or movements of the insurgents, or for other purposes, was made known
to you, and what action, if any, was taken with a view to its prevention."
I answer to this question, I have to say that while I was in the Philippine Islands
no case of the "water cure," as defined in history, or as defined by
the late trials in
the archipelago, was ever made known to mle.
Since my arrival in the United States it has been made known to nme that the water
cure was applied at Igbaras. So far as I know, this was the first and only case of the

OOURTS.MARTIAL IN THE PHILIPPINE ISLANDS.

109

"water cure" having been resorted to for a military or any other purpose in my
command.
If I am to constr e the term "water cure" generically, I can say that there
were four cases of treatment-not " water cure " as explained o me--which were made
known to 1me while I was still in the archipelago, but too long after their occurrence
to admit or justify action on mny part. Two of these were from natives, and related
to two cases where an effort was being made to run down the perpretators of atrocious crimes-crimes of insurrecto natives against Americanista natives. The statements were made to me by the female friends of the men who had been forced to
speak.
These statements were made to me after the negotiations for tle surrender of the
insurgent forces in the province of Iloilo had been made, which was no time to
attack our own people. After inquiring if the men had Ibeen injured in any way,
and finding that the injuries sustained by them were only to their feelings, and
considering the fact that the suspension of hostilities removed the caucus )bellum
between the natives, thereby curing the ovil, it was not considered either prudent
or necessary to take any action in the matter further than to assure the complainants that they need have no anxiety for the future, which was entirely satisfactory
to them. One of the comrnlaiiants was from Negros and the other from Panay.
There was n case reported officially by a young officer at a station on the west
coast of C(ebu. lIe had given two boys a switching, while making use of them as
I contented myself with telling the Adjutant-.General to write the youngster
guides.
a note and( tell him he must notido so any more.
The fourth case made known to me was by reference of a complaint, submitted
some native women of Catballogan, Samar, that their husbands had iX'en forced by
to
swallow salt water until they were badly used up). I can not now recall the wording
of the complaint.
The incident referred to occurred al)out the middle of September, 1901. We had
insurgent documentHs showing that three of tle officials of Catbalogan (one
captured
being the president, as 1 now recall it) were aiding and abetting the insurgents,
although
they had taken the oath of allegiance to the United States.
I sent an officer from Calbayoc. to arrest them andl send them to Iloilo with other
prisoners of war. They were so arrested, and .1 went on the same transport with
them the next day from Calbayoc, Samar, to Cebu, and saw then and know they
were all right.
The papers concerning the treatment
had had at Catbalogan came to me about
the 1st of the next Iecember at Iloilo. they
In the meantime, Samar had passed out of
my commalnld; the prisoners iad been returned to Catbalogan and I was stationed in
Iloilo, But as the papers referred to a date when I was in command I inquired
into the matter, and was informed that these prisoners did have a rougi time
with
and in the salt water.
It seems that they were on board the launch which had,been sent for them, ready
to start for Calbayoc, when a storm cane up, and it was decided( to return them
to
the shore for the night, as the launch would not risk going to sea.
In trying to get them ashore in ta small boat, it capsized, and the prisoners and
guards wore badly buffeted by tlhe waves, and narrowly escaped drowning.
They
were taken to their homes for dry clothing in a very much exhaustIed condition, andl
it is not surprising that their friends were greatly disturbed and excited.
There was much general gossip about the general gSexlpdialits resorted to to. gain
information throughout the archipelago, and, generally
speaking, they were all
l language of the country.
('water cure," i the
Some of the expedients mentioned in m
were as follows: Tlhe application
lyofpresence
of a lump of ice suddenly to the bare skin
a speechless native who had grown up
in tile brush in the tropi)cs was so novel that he was talking before lie asicertainedt
whether lie was burned or chilled; by allowing a native to stand long enough to col.
lect himself, after asking him a (question, was fountld to enable himt to answer; mar:ching was another way of loosening his tongue. The use of oil was mentioned, and
also setting a man on an ant hill.
The two last named seemed so grave that 1 instituted inquiries to ascertain whether
such things had been resorted to in my command; but the stories vanished into
any
thin air, and
neither time, place, nor person could be discovered, nor when, where,
or by whom any such alleged treatment had been perpetrated. Possibly an investigation of the other'stories would have resulted in mullch the same way, but I did
not attempt to follow up tlhe gossip about them.
If I can assist you further in your investigtiion, I
you will indicate to lme in
what manner, and I shall be most happy to do0o. hope
R. P. IhuGtan s,
Yours, very respectfully,
Major-General, U. S. Anny.

110

aOOUBTS-ABRTIAL IN THE PHILIPPINE ISLANDS.

APPxNDmx IH.
IuAI)XQUARTEF DEPARTMENT OF THJ EAST,
JUDOa-ADVOCATSH OPFFICI,
Governor's Island, New York Oity, October z, 1902.

JUDag-ADVOCATI-0BNERAL, UI. S. ARMY,

Washington, D. C,
SIR: I respectfully report that I have made the investigation directed, in a communication dated "War Department, Adjutant-General's Office, Washington, October 4, 1902," copy attached and marked "A."
My investigation developed no transactions of a similar character, other than those
which appear in the evidence hereto attached to wit: The statements of Capt. C. M.
Brownell, Lieuts. S. E. Worthington and William Sullivan, the testimony of Sergt.
Gardner Gates and Alonzo F. Woodside, and Pvts. William J. Longe, Albert S. Fox,
Thomas McGee, John Bresnehan, Albert Cross Walter H. Snow, and G. W. Branch.
to dictate his statement to a stenographer instead of
preferred
Captainit Brownellwhich
he did. It was afterwards typewritten, read, signed, and
writing
himself,
sworn to
The same
was had in the cases of the statements of

by him.
procedure
Lieutenants Worthington and Sullivan.
From the testimony of Privates John J. Bresnehan (pp. 15 and 22), and Walter II.
Snow (p. 32) it appears that tlhe evidence of Sergeant Joseph A. Campbell and
James W. Robinson, Company I), Twenty-sixth Vollnlteer Infantry, may be important, but I found that Campbxell is in California, and that his post-office address is
care of Town Ranch, Pixley, Cal, I was not able to ascertain the whereabouts of
Private Robinson. From the testintony of Sergeant Alonzo F. Woodside (p. 38),
and of Private George W. Branch (p. 43), it appears that the evidence of Acting
Assistant Surgeon Wools, who is thought to be in the Philippines, may be important.
Respectfully submitted.
EDWARBD ItMNTER.
(olontl a(nd .Tfude-Advocate, U1. S,. Armny.
NoT.--Muster-in roll, of Company T), Twenty-sixth Volunteer Infantry, inclosed
herewith.
E. 11.

A.

WAR D)IPARTMENT, ADJUTANT-GENRRAL'S OFFICE,

lrlVshington, October 4, 1902.

Col. EDWARD HtTNTzR,

Judgel-Advxcate, D)eparWrtment of the East,

Governor's .Island, NVew 1ork.
Sin: It has been represented to the Department that in the early part of Decemlxer,
1900, a certain Father Augustine de la P'na, a parish priest of Dumangas, a town on
the island of, Panay, P. I,, was transported s a prisoner from Iloilo to Banate on a
arrival at Banate, which was garrisoned by
gunboat belonging to the Navy. On hisVolunteer
Infantry, he was placed in the
Com1parnv l. Twenty-sixtl Regiment
,<f C(ipt. Cornelius M. Brownell, Twenty-sixth Infantry, the post and comcustodycon)liander.
Subsequently to his arrival at Banate it is alleged that the form
pany
of punishment known as the Water cure" wa\s administered( to Father Augustine
by enlisted mien of Company D., acting under the orders and
upon several occasions
commissioned officers of the company. As a consequence of such
supervision of theFather
administration,
Augustine died and was buried on the parade ground by a
detachment of enlisted men.
While the incident above outlined is to be considered the specific subject of investo be restricted to that occurrence, but will extend to
tigation,
inquiry is not
yourtransactions
of a similar character which may be developed during the
any acts or
progress of your examination.
since his muster-out of the volunteer service, has resided in
Captain Brownell,
and (anleasily be found. As he has had no opportunity to reply to
Vt.,
Burlington,
the allegations against himl, it is desirable that his statement should be taken at the
outset of the investigation. Should Captain Brownell, or any of the officers or
enlisted men ',ho served with him on the Island of Panay desire to submit written
statements in Prwpect to, or in explanation of, their acts while on duty at Banate, they
will be perm're to do so, and such statements will be attached to, and form a part
of, your report
"

COURTS-MARTIAL TN THE

PHILIPPINE ISLANDS.

11

With a view to assist in the prosecution of your inquiry, copies of the affidavits of
a numtbr of residents of Burlington. Vt., who were members of Company D, Twentysixth Infantry, are inclosed, together with a muster-in roll of that company, showing
the places of residence of its members and a'list of addresses of relatives and friends
who could be communicated wiith should it become necessary to do so during their
period of service in the Philippine Islands.
The Secretary of War desires that the foregoing allegations be fully and completely
and that, upon the conclusion of your investigation, its results be fully
investigated,
to the Judge-Advocate-General of the Army. It is also desirable that, as
reported
far as possible, the inquiry should be confidentially conducted. As the examination
disclose the necessity of a resort to criminal proceedings, it is desirable that the
may
names and addresses of the witnesses, with a summary of their testimony, should be
embodied in your report.
WILLIAM ENNIP,
Very respectfully,
Artillry Corp.s, Assistant Adjutant General.
Lieutem.lnt
'
oC;mel
A true copy.
E. HUNTFB
Judgele-Advocate, U. Army.
.

Voluntary statement of Coreltiusil. Broumnel, late captain, (company ), Twenty.sixth

Irolun? teer lafnltry.
I am a resident of Burlington, Vt. My business address is 195 College street,
Burlington.
i. was appolintedCl a captaill July 12, 1899, and was assigned to cotnmmand Company
)D July 17, 1899. 1 wwent with the compallny to thle Philippines oni or about September r), 1899', sailing from San Francisco on or about September 25, 1899. After varistops we cliscmlbarke(l at Iloilo, Island of Panay October 28, 1899, and took stao)us
tion the same day at TJaro. After the active operations In the region of Jaro during
the month of NovemXber, 1899,. which accomplished the disintegration of the Filipino
army on that island, I was ordere.I by tl ledepartment commander to take command
of the district of Concepcion, the northeastern district of the island, with headquarters at Sara. My commllandl consisted of Company I), Twenty-sixth Infantry.
lBeing ituated about O(imiles from generall HIughes s headquarters and cut off from
ll (communnUintictions with reenforcemlentH, the enemy in thle district immediately
assumed an aggressive attitude. Soon discovering that a very strong outpost was
located at a small barrio overlooking the town, I ordered a force on tile morning of
1)ecenlber 19 1899, to capture anddestroy the town, which was called San Ponongbolo.
This expedition was entirely successful, and a complete surprise to the enemy, and
so aroused the insurgent leaders in the district that on the early morning of December 22, 1899, at about 5.30 o'clock, my garrison wlas desperately attacked by a force
consIistig
fi f practically all tile insurgents in the district, in which were a bout 200
rifles and 300 bolo menl. This attack was repulsed after a vigorous fight, and an
investigation of the affair after the attack showed conclusively to my mindtl that the
pla(lre of the town Was in colmn1llunication with the insurgent forces, and was aware
of the attack about to be ilade, andl ho secretly departed the town in the early evenl*.fore the attack, taking with hill h's valuables alnd the female inmates of his
ing
0lituse. I constantly became mo:lre convinced of tis (luring tlhe following three
months' service in that district, ant learned
tlhatl the pad(tre was endeavoring in every
way to create disloyalty and further tle caull of itnsurrection in order that
possible
lis personal prerogative-8s might not become abridged by our
I further
leirnted that he wias not a regularly adlnitte(l priest, but, otnsupremacy.
the contrary, was a
native who had usurpedt the office of priest when lis predecessor fled.
On March 1, 1.900, I took comlnlanld of the District of Baratoc Viejo, Banate, and
at Blanate, having as a permilanent garrison Companry 1),
Aniloo, with headquarters
being reinforced at different timlles by d(etachmlents
'Iwenlty-sixth Volunteer
Infantry,
and
alnd companies from the Twennty-sixth Infantry, Eighteenth Infantry,
of the
tidghthatInfantry. Acting on the information I had gained as to the attitudeThirtyI soon discovered that the padre at Banate Nwas acting ill a imtnilar manpadre
Sara,
ner. By this time I had also learned that the so-called
a class composed
of the rich inhabitants, mostly Inestizos, owned all the Principales,
land, enjoyed all the education and liberty, and while they residedl in the towns and readily took the oath of
to the lUnitedl States if perrllitted to do so, were furnishing the sinews of
allegiance
war to the insurgents in thle field, and that probably 90 per cent of the Filipinos are
dependent upon this class, either directly or indirectly, for a living. It was discovered that,.the power of the padres and that of the Principales was exerted to the

112

OOUBTS-MABTIAL IN THE PHILIPPINE ISLANTO8.

utmost to prevent the sucCee of the American forces, because success of the American arms meant freedom and education to all Filipinos alike, and thus the power of
the aristocracy would be gone.
During my service in the field I reported directly to the department commander
and received orders in like manner from hiim, and was at all times foot loose, and
freely made expeditions into districts remote from my own, sometimes being furnished a gunboat to transport my command.
While on one of these expeditions about the middle of October, 1900, to the dis.
trict of ara--at this time commanded by Lieutenant-Colonel William Van Horn,
18th Infantry-I was absent for about eight days, and upon my return to my station
at Banate I discovered that the inhabitants were acting in ai disloyal and insubordinate manner, and every indication went to show that some insurgent plot was on
foot. After a few (ays' investigation I discovered that during miy absence the insurgent leaders of the district had hc(ld a tmeetlng withihin the towI, and the president
liad undertaken to organize a bolo company with which to massacre the garrison in
the near future, the plan being to have several parties arranged for the men on a
particular night in order that the garrison might-be as much (livi(ded as possible, and
at a certain signal, to be given by the president, each house to be surrounded and
the soldiers (disp)atcihe(l.
The natives implicated were arrested, and some time afterwards the president, who
had broken his parole and escaped in the night, was recaptured, and was sentenced
to serve ten years in Billabid prison at Manila. Meantfrme the padre at Banate,
iLRphael Murillo, fled, and I discovered that he hahad been warned by one Augustine
(ol a Pena, a priest of Molo, anld had been directed( to escape to the lines of the
enemy in the field. This Padre Augustine was held to be tile acting head of the
chlur(h on the island, and a relative of the insurgent chief, (uintin Salas, who operated in the region of my district.
Serving directly under the orders of the department commander, I was frequently
at his headquartAers, stand knew a great deal abxut his military information bureau
and the secrets in their possession. It was concede(l at headquarters that Padre
Augustine, while professing to be an Americanisto, alnd in constant communication
with G3eneral I.uCghes's office, was nevertheless the treasurer of the insurgent fundrt;

and practically the head of the insurrection on the island of Planay. It was well
known that he was a war traitor, and that if papers and funds in his possession
to the insurgent army could be procured the insurrection could be readily
belonging
crushed.
This iman was delivered into my hands on board the gunboat Paramtw on November 23, 1900, and taken to my station at Banate under a guard of sollders not belonging to my company. lle was landed at Banate the following morning, and while I
was absent during that (lay with my company and a detachment of Company F,
Infantry, he signed a statement confessing his guilt and addressed to
Twenty-sixth
General Hughes, and copy of which is hereto attached and marked "A." This
statement was handed me upon my return to the post that day, and within a few
davs tlie 1man was brought from his cell and told plainly that he would be compelled
to deliver to me the funds in his possession belonging to tlhe insurgent forces, and
papers known to be in his possession Implicating others who had taken the oath of
States Government. This he refusal to do, and denied that
allegiance to the Unitedwith
the insurgent forces; denied that he hla any dealings
he was a sympathizer
whatever or any communilications of any sort whatever with them, or that he knew
about their cause. Being in possession of positive evidence of his guilt,
'anything
and knowing that there was on Iel.posit
in te ity loilo a large suom of money
awaiting his order at the mercantile house of Hoskyn & Co., the banking houses of
the Ho ngkong and Shanghai Banking Corporation, and the Banquo Espanol, I
insisted that he would le obliged to deliver ord(es for this money to me, and endleavoredt in every possible way to reason with him and show him the uselessness of further
at (eception.
attempts
If I recall correctly, I held daily conversations with him for a period of three or
four days, endeavoring in every possible way to influence him to surrender the papers
and money in his possession without compulsion, promising him fair treatment on
the part of the Government. Ile became constantly mo,'e and more insolent, and
tbgan to suspect that I would not use force, so that he finally denied everything in
the statement he had previously made, said that he did not understand what it was,
that it was written in English and he was told to sign it, and he thought it was a
letter to be used to inform his friends where he was.
e:e gradually became so insolent that it became necessary to adopt a firm course of action with him, and he was
limited time in which to decide whether he would surrender the money and
given ademanded
without compulsion or whether he would compel me to resort to
papers

COURTS.MARTIAL 1If THE

PAIITPItNE ISLANDS.

118

the latter method. The time given him having expired without result, ne was
brought in my presence and that of other officers and enlisted men, andto told that he
would be blindfolded and the water cure administered until he acceded my request.
He again, and more insolently than ever, denied that he had any knowledge of the
matters of which I spoke, and the water cure was administered for a short time, I
being constantly near him and advising himl at every stage that the moment le
admitted what I knew to be true, and delivered the goods I i.new to be in his posharsh measures would cease In about three or four minutes lie informed
session,
nme that if I would cease he would speak. I immediately commanded that he be
allowed to sit up, and he said that he did have ofme money in his possession, but that
it Ixlonged to the Pope at Rome, and that therefore lie could not give it to me.
X
Enleavoring in all this proceeding to act in a gentlemanly manner, but
but lh
told him that the idea of compulsion was abhorrent to an American officer,firmly,
would 1xe obliged to cease falsehood and deliver the papers and moneys to me iml meliately, or the cure would be continued. lHe still insisted that it bIelonged to the
Pope at Rome, and being assured that for the time being the department conmmxander, General Hughes, was the polw on that island, and that hte would be obliged
to deliver the money into his hands, the cure was continued. In a fe,w momcilnts he
became convinced that I waI in positive possession of the evidence( I claitled, nid
asked to be allowed to sit up. This request was immlnniately granted him, and
again
lie said that he did have sorne money be longing to the insurgent cause. I then
asked him to sign orders for it, at the same time asking hims, in as kindly a manner as
possible under the circumstances, if he would not accede to mry whole request with.
out further use of force, This hle agreed to do.
I allowed him, as he was in a very excited and desperate mental condition, and
was a man of low vitality, large and fat, to retire to his quarters and rest, This was
of my own volition; and before ho was led away ho was asked if ho would sign, without further resort to force, the orders which lie had promised to sign. This be agreed
to do. IHe was offered at this time, and during his whole confinement, food, but he
declined in most instances, sometimes accepting and at other times insolently refusit. After he had rested at some length, I sent for him andl asked him to sign the
ing
orders, and he, in the presence of officers and a few enlisted men, declined, saying
that hte ladr no money, and that what he had said I:efore lie now retracted(. le was
immediately threatened with a repetition of the water cure, and after some further
endeavor on mly part to get hilm to sign these orders, I dlirected that he again be led
to the room in which the water cure had teen previously administered, which was
the kitchen in mXy quarters. As preparations were being made, and lie became c(onvinced that I meant what I said, he signed the orders. A little later his cassock was
examined, and in it wene, found the original deposit receipts on theforbanks and the
house of Hloskyn & Co., together with numerous papers, receipts
money from
different cities ns and churches,, which were delivered by me to the then judge-advoc(ate of the I)epartment of the Visayas, together with other papers and evvidence
collccte(d b)y ie bearing on this case, and implicating some of the prominen t natives
in the city of Iloilo and that vicinity. One of these papers was a receipt, which read,
so near as I cant remember, as follows, being written in Spanish:
"We, the undersigned, commissioners of the revolutionary army on tle Island of
--, president of Jaro,
acknowledge to have received from Senor
Panay,
Panay, the slum of 10,000 pesos, which sum, with others of like amount, has been
raised by the church at Jaro for the use of the revolutionary army."
This was signed, if I recall correctly, by two commissioners. The original of this
can be found in the records of the D)epartment of the Visayas, The presi(lente
palxr
mentioned in that paper was then president of Jaro, and, as such, was anl American
official.
I was ordered to ascertain from the prisoner the whereabouts of one Quintin
Salas, a colonel in command of a suHbdivision of the insurgent arniy. When this
to him my orders, and asked himo to tell ime, on
prisoner ofwas sent for I explained
shielding him, should he tell me the truth.
proilse
my
le was in a dejecited moow, despondent, thoroughly discouraged. Hie toll me
that he had better b}e (lead, and wished lhe might
die; he had nothing further to live
for, and expected if tlhe Americau Government (lid not hang himt the insurgent forces
that he realized lie had :beei# a traittor to bth ides, and a traitor to his
would, and
and upon exposure of 1is traitorous conduct while acting as the head of the
church,
ch urch in the island he would certainly be deposed and disgraced in the church; and
lie repeatedly called on the Virgin Mary to take his life. I gave him until a certain
hour to consider whether le would disclose this hiding place or not, and explained
to him how I knew he was in poeeseion of\ this information. At the expiration of
8 D-57-2-Vol 15---5
-

114

OO~UBRTSMAUBTIAL

PHRLIPPINX ISLANDS18
this time lie declined to disclose Salas's whereabouts and again, more emphatically,
aild he had better be dead than living, anyway, and hoped that he would die before
morning.
I directed him to be coindicted to a house apart from tire headquartem , in order
that he might be quietly and carefully dealt with, as the night guard was on at
and there were a large number of enlisted men within hearing. A
headquarters
was established to prevent all natives fr romaching the house, as it had
guard
come to my knowledge that the wheorea>xut of Padre Augustine were known to
the insurgents, and a desperate effort would be made to retake him.
Exhausting
every riesoturce in iny endeavor to influence him by argument into
me the information desired I threatened him again with tlhe water cure, and
giving
he promptly told me that he would welcome it, as he (lid not want to live, and was
and thoroughly discouraged. I holed up to the last mm11ent that he
completely
woull weaken before it became necessary to us(e any force whatever, but continued
the preparations, and finally ordered that the cure be again administered to him,
and stepped into an adjoining room. for a moment, with instructions that the cure
should bI, given, hut the moment hlie would disclose the name of the town only, it
should be st.opXped. In a very short time, probably not to exceed a minute and a
was warned! by a disturbance iu..the room where the prisoner was that somehalf, Iwas
wrong; and upon entering the room the man was dead.
thing
I immediately sent for the post surgeon, and within five minutes--tthe exact time
I can not giv(e'--the lp.)ost surgeon arrived and notified me that the man was (load,
but not drowned, as lie had' not (died from the effects of tihe water cure, but from
degeneration of the heart, and from complete collapse and mental anguish over
fatty
the exposure of his criminal life. At my request he immediately attempted to resuscitato him to life. lie told me it was useless, as water was not tlte ciauise of his death.
This verbal statement he made to me, and made a certificate certifying to the cause
of hist death, which I filed, with a notice of tihe death of this prisoner, in the office of
the assistant adjutamt-general of the Department of tile Visayas.
I presented thle papers obtained, and orders for thle money, in person to the judge.
advocate of the department at Iloilo, and the department commander ordered the
officer in command of the secret police of Iloilo, the
provost-marshal at Iloilo,the
and myself to visit the banking houses mentioned above
general,
judge-advocate
and procure the money.
Within a few days all the padres in the vicinity of headquarters at Iloilo held a
convention and sent a delegation to the department command er, reqluestiing permis.
sion to appoint a peace commission to proceed to the interior and endeavor to) iinfuIence the insurgents under arms to surrender, This permission wias grantedl by tlhe
department commander, and such conriittee visitedtlie insurgentchiefs in the field,
and after conferences which extended over several weeks the commander of the
insurgent the
army surrendered.
period in which these conferences were going on, by direction of the
DI)uring
department commander I was in the field in the region 6f the greater part of G(ieneral
thatthe pace commission would
that
De)lgado's
army, and when it seemed probable
operations were pushed against the enemy, and their property, and :espfail, active
of the rich hacienda owners who lived in Iloilo,allot whom were
cially the property
thle insurgent
supporting
particular region. This hastened the final
decision of the insIurgents to surrender, and on or about Janupary 29, ) 901, at a suggestion from the adjutant-general, I joined him at Pototan, where the army which
adIn
the
regin of my district spurred, four companies strong,
and ini less than a month imy regiment was ordered home, and the insurrection on
the island of P1naly was practically over, and other surrenders took pl)a(,e immediately
after the surrender at Pototan.
The water cure was administeredby my order several times to different natives,
and through this agency I was enabled to obtain possession of many ar armsand very
valuable information without firing a shot or shedding blood. When my regiment
-flrt--reached the island it was customary and necessary, in order to accom plish any.
thing on the(~ offensive, to make long night marches, rounding up and capturing
towns in the darkness, not only exposing our meni to hardships and di ease, but to
gunshot wounds, as well as endangering the lives of noncombatant nat ives by the
Are from our men. In these night attacks it was always possible to have women
and children killed, and frequently the insurgent soldiers for whom we were seeking
would escape, and usually few arms could be taken in this manner. Fromservice
and observation I became fully convinced that the lives of both our troops and of
the natives could Ie saved, and munitions of war and Valuable information obtained,
by the discreet and humane use of tlhe water cure. I do not, and never have believed
it cruel or barbarous in any manner, and whenever it became necessary in my judgIN THE

OOU]VT-MIABTIAL

IN THEI PILIPPINXE ISLANI).

115

ment to administer it, the men chosen for that duty were chosen with a view to
having only intelligent, careful, and humane men [tkrform the operation. There
was no secrecy about it; every officer and every man, both in my regiment and of
every other regiment with which I served, knew when it was given, and I was
never criticisell by any officer while in the, service for admlinisteringi it.
The first criticism offered against me was by an enlisted man in miy company, one
Alfred W. kBertrand, and he is the instigator of the charges now brought against Ime
and did openly andret telly state while the regiment was en route home, and
while we were at l'residio, Cal, awaiting muster out, that unless he was given a
discharge bearing a character of excellent, he would prevent my aploK)intment to, a
comrissiiHon in tho regular service , and would prevetit my living in the State of VermInt, my native State, because of charges of In scolluct, cruelty, andembezzlement,
which le prollosed to bring against me. iDuring the muster out of the regiment ihe
endeavorfed in every ix)ssib)l manner to create discord and(cause a riot tn my cotmthat at tile pay table there would be a riot. He did
iand, andopenly wastedd(
to get an many of the men as intoxicated as possible by fureverything in hisforIpower
nishillng money that purpose, andl )y furnishing it himself. lie appeaIled frlom0
til character given, "Very good.," I was sustlainedi by a board appointed by thle
regimental commander niinder the. regulations,
I was advised by the regimental commander at the time, C(ol. J. T. Dickman, to
bring the man before a (outrt and have him dishonorally disharged( the service
Hie intimidated is many mten ls lhe could, an(d Hassalted Q. M. Sergt. Robert I).
lloyt with two accomplices for testifying against hi;m before the board appointed
to rtvise his character, fai(l Setrgeaut loyt having xeen dlischarged at Iloilo, and not
then being in the service. Thi man Bertrand performed( very little duty with his
was a misehief-iniker throughout his entire service. In spite of his
company, and
conduct I gave himal character of " Very go(o," tas he had been for many
unworthy
years a soldier and it was understood that ho desired to reenlist.
M. BROWNLvxiL
CoRNr.IUS1
O(cronBt 14, 1902.
Then appeared the alK)ve, Cornelius M. Brownell, and made oath that the a.boxve
statement was true, iXfore me.
I,

Judge-Advoca.t,
A.

'

H UNTRIt
U ,/S. Arrmy.

NOVEMImlt 24, 1900X)

Gen. R, . IlTnIT s, toilo,

oo, P.. .1.
Stm: I hereby certify that I am the head of the insurrectionon the Island of Panay;
that I have been the headquarters for furnishing money and armsI for the insurgent
cause; that in the future I promise allegiance to the United States of Almerica, land
that I will do ll in
ower to aid y'ou t)o etab)lish peace in this island. Also,
that I send this letter my
of my own free will alnd accord.
A(tHoUSTIN I)E LA PI.h'NA.
A true copy.
0. M. BROWNKLL,
laxte Ctapt(thfl, 71TwetSixth Inifantry, U. S.IVolunteer's.

ALioNzo F. Woo)nsma, 10 Fatirnont street, Cambridge, Mass., late of

D,
Twenty.sixth Volunteer Infantry, having first been duly sworn to testifyCompany
the truth,
the whole truth, and nothing but the truth, as to tho matter respecting which lie
was to be examined, did testify as follows:
Q. State your name, age, occIupation, and address.--A. Alonzo i. Woodside; ostoffice clerk, Boston I)ost-office; residence, 10 Falrmont street, Camlbridge, Mass.;
32ears of age.
Were
ever first

Q.
Q.

sergeant

of Company I), Twenty-sixthl Volunteer Infanlong?-A. I wat first sergeant from somlle time along the
1st of October. 1899, when in Honolulu, until
muster out of the company, May

you

I was.
try?-A.
When and for how

13, 1901,

thie

116

COURTS8MARTTIAI, IN THE PHILIPPINE ISLANDS.

Q. What was the character given you when you were discharged?-A. Excellent.
Q, Was Company D, Twenty-sixth Infantry, stationed at Banate, Philippine
Islands?-A. It was.
Q. While you were first sergeant?-A. Yes, sir.
alxou what time that was?-A. That was from the slt of
Q. Do you remember
March 1900, up until about the 22d or 23d of February, 1901.
Q. Now, Sergeant, it has been testified to that a native priest called Augustine de
la Pena was held at Blanate as a prisoner in the latter part of the year 1900. Is this
so?-A. I believe it is, and that that was his name.
such a priest?-A. Yes, sir; I believe that is the name.
Q. But there was
Q. It has been testified to that Captain Brownell had the water cure administered

to this priest on more than one occasion. Is this so?-A. I could not say whether
it was more than once or not. I rather think it was twice.
Q. Were you on guard, the night .this priest died, over the house where he was
confined?-A. I had charge of the guard about that house. It was a special guard.
Q. Who detailed you for this duty?-A. Captain Brownell.
Q. What instructions did he give you?-A. He told ime to select a guard. I think
there were six or eight men-I would not be sure as to the number, possibly eightand guard this prisoner to see that he did not escape from that house.
Q. I)d you Hee them take this prisoner into the house?-A. Yes.
Q. Do you know who went in with him?-A. Other than Captain Brownell, I
could not swear to anybody.
Q. Io you know if Sergeant Campbell was there?-A. Yes; Corporal Campbell
was there. lHe was a corporal at that time.
Q. )id you have any knowledge of what was going on there?-A. I had no other
than tht' they wanted to extract some secrets from the prisoner.
You knew that?-A. Yes, sir.
Q.
(, Do you know if the water cure was given him that night?-A. I did not witness it. Iheardthat it was.
of that?-A. I did not.
Q. Did you hear that his death was the result
Q. Did you hear that he had died?-A. I did.
Q. About what time did you hear that?-A. That I could not say. I heard that
that he had died,
night Iid
Q.
you see anyone going out of the house going for the dcoctor?-A. Yes.
Q. I)id you see the doctor go into the house?--A. I did.
Q. Did you talk with the man who came out of the house going for the doctor?A. I think I asked him what he wanted when he came down to go out of the house.
He told me he wanted to get the surgeon. I told him to go.
Q. You, at this time, were sergeant-major of the post, were you not?-A. I was.
Q. Do you know if the doctor gave any medical certificate as to the cause of death
in the case of this priest?--A. I (1O. There was a death certificate given by the post
surgeon stating the cause of death as fatty degeneration of the heart.
Q. What was the late of the death of the padre as given in that certificate?-A,
December 8, if 1 remember correctly.
Q. Did you have any conversation with anyone who was present when this priest
died?--: A. No.
Q. Did you go into the house yourself?-A. I did not enter the house,
Q. Do you know if the priest ws buried that night or the next morning?-A. That
I (oulld not say.
Q. Do you know if he was buried atall?-A. I could notswear to it. I heard that
he was.
know. I never heard the place mentioned.
Q. Where?-A. That I don't
When was your guard relieved?-A. I should say somewhere after 10, between
Q.
10 and 11 o'clock.
Q:. Do you remember any other instances where the so-called water cure was
admnllistered?-A. Yes.
Q. Give the dates and places as near as you can,-A. Well, it was at Banate; somewheres along the middle of November, if I remember correctly, that same year, 1900.
H.tow any times did you see it administered?-A, i guess a couple of times.
Q.:
To extract Information front a prisoner,
Q. For what purpose?-A.
Q. For information as to what?-A. As to a company of insurgents that had been
in the town. There had been a plot laid to masacre the garrison.
organized
Q. And It was aldmtnistered( to this fellow to bring out secrete connected with
that?-A. Yes.
Q. Did it bring out this information?-A, It did.
Q. And the information you got in this way was true?-A. It was. This native
who was given the cure proved to be a leutenant ot the insurgent company

OOURTS MARTIAL IN THr PHILIPIE9 ISLtAN4DS.

Q. In the instances where you saw it administered did you think the victim's life

was put in danger?-A. I did not.

Q. What kind of men were they who were selected to do this work?-A.

were among the best men in the company.

They

Q. Do you mean that they were humane men?-A. They were.

Q. And intelligent?-A. Yes.
Q. Have you ever been approached by anyone to give a statement relative to this
matter to which you are now testifying?--A. I have.
Q. By whom?-A. By one Private Bertrand.
Q. What was the character of this man Bertrand in the cornpalny?--A. He was a
element in the company.
disturbing
Q. Do you know if he entertained any animus toward Captain Brownell?-A. He
h1l made open an(d public statements to that effect.
Q. Have you ever heard him make any statements against Captain Brownell?-A.
I heard him say that he would get even with him, or words to that effect.
Q. Where is Bertrand now?-A. The last I heard of him he was in Lynn.
Q. Is there anything else that you know that I have not questioned you about?A. Not as I know of.
Q. How did the captain treat his men?-A. The captain never gave harsh or cruelmen, nor to any prisoner we had under our charge.
punishment to thecure
for
For
It

what purpose?
getting information?-A.
Q. In your opinion,
Sergeant, was it necessary to resort to this means to get that
It was.
information?-A.
it not have been obtained in any other way?-A. It could not. They
Q. Couldrefused
to make statements at other times, and when this water cure was
absolutely
administered they generally made statements, and we would find them reliable.
ALONZO F. WOODSImD,
iate First Sergea.tt (Company D, Twenty-sixth Infantr/,
U. S. Volunteers.
Subscrilted and sworn to before me this 17th dlay of October, 1902, at Boston, Mass.
i"'"o~~~ B:
~~E. HUNTER
Judge-Advocate, U. . Armty.
WALTER H. SNOW, 117 North Battery street, Burlington, Vt., late of Company D,
Vollnteer lintantry, having first been duly sworn to testify the truth,
Twenty-sixth
the whole truth, and nothing but the truth, as to the matter respecting which he was
to be examined, did testify as follows:
Q. What is your name?-A. Walter H. Snow.
Q. Hlow old are you?-A. I was 22 years old the 4th of June.
Q. Where do you reside?-A. 117 North Battery street, Burlington, Vt.
Q. When did you enlist and when were you discharged?-A. I enlisted on the 26th
of July, 1899, and was discharged on May 13, 1901.
Q. Were you a member of Company D, Twenty-sixth Volunteer Infantry?-A.
Yes, sir.
Q. Did you serve at Banate?-A. Yes, sir.
(4. Who commanded the company?-A. Captain Brownell while lie was there, and
while he was not there, Second Lieutenant Worthington.
Q. What character was given you on your discharge?-A. Very good.
Q. Were you stationed at Banate in the Philippine Islands?-A. Yes, sir.
Q. When and for how long?-A. I think it was over a year or more. should
say we went there along towards January, 1900.
Q. While you were in the PIhilippines did you ever see the water cure dministered?--A. Yes, sir.
Q. Tell the occasions.-A. Seen it once given in Anileo. While we we e in the
town there we went out and got some prisoner and Captain Brownell tri to get
some information out of him, and he would not give it. There were three or four
men got him and put him down and held him down, took a stick and pried his
mouth open, Then we went out and got a bucket of water and kept pouring it\into
his mouth, but he would not tell. Then they let him up. We then held him d'wn
again, poured more in him, and the captain says, "I wll fix him." He takes out a
rfle--a six-shooter-and he says to one of the lads, to Moran of the same company,
I fire this pistol you hithirtm :on the head, not very hard, with a stone, a
"iWhen
little
small stone that just cut his: head," and the nigger when he heard the pistol
shot thought he was shot, and he told him that if they let him up he would show

Q. This water

was.

was given

OOC RT-MAftTtAL iN THEt HILIftX NE ISLANDS .

them some rifles. Corporal Banye and three or four more started out with him, and
got out I don't known how far from town, when the nigger said he didn't
they
know where they were. Then he came back in town, and we stayed around there
for a while. Then we had to back to Banate.

118

go

Q. When was the next time you saw the water cure?-A. That was the only man.
I seen the ex-presidente of Santa Ignacio after it had been given to him. A fellow
by the name of Robinson helped in that one.
Q. How did he appear after it had been given to him?-A. He looked just as pale
as he could be. He was all wet and his clothes were torn some.
Q. Did they get any information from him?-A. No, sir.
Q. Did they give it to him again?-A. I think he got it twice. I would not say
for sure.
Q. Who ordered this?-A. Captain Brownell, sir.
Q. Did you see any other prisoners besides this president after the water cure
had been administered?-A. I saw a priest about a day or so after he had it. I think
Padre Augustino. He looked downhearted and pale, sickly looking, and he said if
it was given him again he would die.
Q, To whom did he tell this?-A. He told it to me.
Q. Do you understand Spanish?-A. I can speak it a very little.
(The witness then said in Spanish what the priest had told him.)
Q. Did he tell you that it had been administered to him?-A. Yes, sir.
Q. Did you see it adninistered?-A. No, sir; I did not.
Q. What became of this priest?-A. He became missing one morning, and the
where he was was empty.
place
Q. Do you know what became of him?-A. Only the rumors around the company.
Q. What were the rumors?-A. That he was given the water cure again, and that
he died of it; and it was rumored that after he was dying they sent for the doctor to
finish him.
Q. Do you know if the doctor went?-A. No, sir; I do not. I was not on guard
that night.
Q. What was done with his body?-A. I don't know what became of his body.
Q. Do you know anything more about it?-A. Nothing I saw.
Q. Do you know any of the men that were with him when he was last seen alive?A. I heard that Joe Campbell and a fellow by the name of (jeorge Branch, either
from Buffalo or Rochester, were.
Q. Were you ever on guard over the priest?-A. Yes, sir; I was on guard the
he came in.
morning
Q. How do you know he was a priest?-A. Well, I knew it the minute I seen his
face. He had on a first sergeant's uniform of artillery.
Q. Did he look like a dissipated man?-A. At first I thought he was an American
but after he got up and spoke I knew right off that he was Ino an American.
soldier,
I said he was a Spaniard or a priest the minute he came in.
Q. While you were on guard over him what was he doing?-A. He just spoke a
few words.
q. Did you see him praying?-A. I could not tell if he was praying. I saw him
sitting like this, but I did not know if he was praying.
(Witness here indicated by raising one knee and clasping it with both hands, the
fingers interlocked. )
Q. Was he shaved on the top of his head?-A. I don't remember if he had it
shaved or not.
Q. Did you talk with him any further than what you have stated?-A. I asked
him what he was doing up here. I can hardly remember what he said.
Q. How was he treated as to food?-A. Well, I thought his food was kinder slim,
sometimes.
Q. About the same as the other prisoners?-A. No; he was fed separately, meager
fare. He didn't have enough.
Q. Did you see him in tears at any time?-A. Yes, sir; I saw some wetness about
the eyes.
:Q. Have you always Teen on good terms with Captain Brownell?-A. I have until
he sent me out into the mountains.
Q. When was that?-A. I don't remember the day. We were stationed at Banate.
Q. Why did he send you out?-A. We had some little ponies-eight or nine.
Each day, or about every other day, there would be a couple of men go out in the
mountains to get grass for the ponies.
Q. You were sent out?-A. Yes, sir.
Q. As punishment?-A. I don't know whether it was punishment or not. I was
sent out alone.

EitE PfILIPPINE

ISLANDS.

119
Q. Do you know anything more than what you have testified to?-A. Nothing
more than that.
00URTS-MARTIAL IN

WALTRItI. SNOW.
Subscribed and sworn to before me this 13th day of October, 1902, at Burlington, Vt.
E. HUNTER
Judge-A advocate, Ufited States ANrmy.

ALBIiR CROss, late of Company D, Twenty-sixth Volunteer Infantry, having first

been duly sworn to testify the truth, the whole truth, and nothing but the truth as
to the matter respecting which he was to be examined, did testify as follows:
Q. Please state your name, age, and present address.-A. Albert Cross, 208 Colchester avenue, Burlington; 25 years of age January 19 coming.
Q. Were you a member of Company D, Twenty-sixth Volunteer Infantry?-A. I
was.
Q. When were you enlisted and when discharged?-A. Enlisted September 21,
1899, I believe, and discharged May 13, 1901.
Q. What character was given you on your discharge?--A, Excellent.
Q. Were you stationed at Banate, in the Philippine Islands?-A. I was.
Q. When and for how long?-A. Up to within a day or two, I believe, of a year.
Q. Who commanded the post at Banate while you were there?-A. Captain
Brownell.
Q. While in the Philippines did you ever see the water cure administered?-A. I
can not remember all of the occasions. I seen it given at Anileo.
Q. To whom'?--A. A native.
Q. By whose order, whose direction?-A. I think it was Captain Brownell, who
was there; I would not say for sure. I do not remember whether Lieutenant Conger
was there or not, but he was on that expedition with us.
Q. For what purpose was it given?-A.. I think to find out where there were rifles.
This native, I believe, said he new where there were some rifles, and they gave him
the cure to find out where they were.
Q. Was he injured by it?-A. I do not know. I paid no particular attention to it.
Q. About what time was this?-A. I could not tell you.
Q. What day of the year was this?-A. I can not remember.
Q. When was the next one?--A. I think it was down at Demangas Swamps.
Q. Who ordered it?-A. I could not tell you whether it was Brownell's orders or
not. I don't know.
Q. When was the next time you saw it?-A. The next time I guess was at Banate.
Q. State the circumstances. Who was it administered to at Banate?-A. I can not
.tell you who it was given to. It was a native.
Q. You saw it given to a native there?-A. Yes.
Q. The native was a prisoner, was he?-A. He was.
Q. Did you see it given to Father Augustin Pena?-A. I could not say who he is.
I never heard that name before. I received a letter from a man and he told me that
this priest's name was different than that I just heard.
there a prisoner there at Banate at this time who was known to be a
Q. Was
or supposed to be a priest?-A. There was.
priestWas
he given the water cure?-A. He was.
Q.
Q. Did you assist in giving it to him? How many times?-A. Twice.
Q. Under whose direction?-A. I was ordered over there by Captain Brownell.
A man told me to go over and report to headquarters-captain's
orders.
Q. You said that you assisted fn it?-A. I lid.
Q. Describe how it was done?-A. He was tied to a ladder and given the cure.
Q. For what purpose?-A. I understand he had been a
with the insurgent cause there, and was supposed to be secretary for sympathizer
the insurgents and( induced
them to stay out in the hills and throw it into us every chance they got, and so on.
Q. He was a sympathizer with the insurgents?--A. Ys, sir.
Q. Thatis all the reason you know?-A. Yes; all I know.
Q. Just describe this-he was
you say. And what did you do; did you tie
him to the ladder?-A. I assistedtied,
to.
Q. And who put the water into him?-A. The water was set on a chair over his
head.
Q. And' how was it done?-A. It ran from a hole in the can into his face.
Q. Was his mouth open?-A. Yes.
Q. Did one of themenopen his mouth?-A. Yes.
Q. Did you pour into hii?-A. No; I got the water and set it down on a chair.

120

COURTS-MARTIAL IN THE PHiLIPP INE ISLANDS.

Q. Who put it into him?-A. It was not necessary to put it in. He was tied down.
Q. -ow did he act under it?-A. He acted the same as any other man. He would
not talk until he got so much. The first time he got it he would not talk, and the
second time he admitted that te was a sympathizer with the insurgents.
Q. Did he sign any paper?-A. I could not say, though I saw him writing. I could
not tell who got paper. I think I saw Captain Brownell bring paper, pen, and ink.
Q. Who stuperintendo it? Was Captain Brownell there?-A. Captain Brownell
was there, ard Dr. Woods. There was another captain there, I think of F Company.
(Q. How long did they administer it to him?-A. Half an hour, perhaps.
Q. This is the first time you are talking about?-A. This is the first time.
Q. What time of the day was this?-A. If I remember right, it was in the afternoon. i am not sure.
of 1900.
Q. What time of the year?-A. I think it was in the latter part
saw it administered? You say you saw it
Q. When was the second time you the
administered a second time?-A. Well, second time was the same as before, only
they brought him in and gave him a little that time, and let himyou.go again.
Q. Did he sign the paper the first time?-A. I could not tell
Q. Did he sign the paper a second time?-A. I could not tell you that.
Q. What was his condition when they let him go?-A. Hie was not in good condition. lie appeared to be weak.
duty by whom?-A. By
Q. This second time you were directed to report for thisBaker.
Captain Brownell, through Sergeant Campbell or Private
Q. Now, was you there the third time?-A. J was not. I was ordered to go to
to headquarters.
reportDid
Q.
you report?-A. I did not.
Q. Why not?-A. Because I imagined what is was for. I asked to be excused.
Q, Who did you ask?-A. Sergeant Campbell delivered the order, and I asked him
to tell Captain Brownell that I wished to be excused.
Q. Why did you want to be excused?-A. Because I did not want to go again.
Q. Why didn't you want to go again?-A. Because I knew it was not right in one
respect.Did tell the
Q.
sergeant if it was given again it would kill the priest?-A. I
you
told hinm that afternoon if they kept on it would kill this fellow.
Q. Did Captain Brownell hear that remark?-A. I could not say whether he did
or not.
Q. Did the doctor hear it?- A. I could not say.
Q. Did you see this prisoner when he first came to the camp?-A. I did.
Q. Where did you first see him?-A. I seen him on the beach when he first came
off the gunboat.
Q. How was he drese?-A. A sergeant of artillery uniform. where he was conQ. Did you come. up with him to the guardhouse-to the place
fined?--A. I did not. I stayed out on the beach.
Q. Did you carry any of his baggage up?-A. I did. I carried a robe-a priest
robe, such as they have over there-and one of the friar's hats.
Q. How do you know it belonged to this prisoner?-A. I don't know; only what
I heard.
Q. Where did you leave it?-A. Left it at headquarters.
Q. In his cell?-A. No.
that you saw the water cure given last, do you know if
Q. After that afternoon
took this priest out of his cell and took him down to a house?-A. I underthey
stand so.
Q. Have you any idea what became of him after they took him down there?-A.
No, sir.
Q. Did you hear anything about digging the ground up there?-A. I seen the
detail when they came there. I was in a house right near the parade ground, and
there was a detail came over and stopped there.
Q. Did they dig there?-A. I could not say. I heard them talking there.
Q. Did you hear them say anything?--A. No, sir.
Q. How long before this had you seen this prieat?-A. I seen him that night.
Q. Did you see him after that?-A. Never.there for?-A. I
Q. What do you think they were digging
imagined, according to
what I heard, that he died while under the influence of the cure.
Q. Did you hear that?-A. I heard that the priest had died.
Q. Who did you hear that from?-A. From the men. That was the rumor around
the quarters.
Q. Did you hear it from any of them who took him down there?-A. Not while
they were there. I could not say for sure.

IN TSE
0OOUrTS'MABTAL PI

IPPIE ISLANDS.

121

Q. I mean afterwrds.-A. I could not say for sure.

Q. What men took him down to this house? Give me the names.-A, I could
not tell you what men took him down. I seen the men three or four hours before
they lugged him out.
Q. They lugged him?-A. No; he walked over.if
Q. What made you think it would kill him they kept it up?-A. Because he
acted that way. He told me that if they gave it to hitm again he would die.
Q. Through the interpreter?-A. Well, through the interpreter and what I could

understand myself.
Q. He talked Spanish?-A. Ile did.
Q. He told you that if they gave it to him again it would kill him?-A. Yes, sir.
Q. And you asked to be excused the hird tune because you believed it would?A. I believed it would. In one respect I thought it would not be right.
Q. About how old a man was he?-A. About 40 or 45 years of age.
Q. Did he look like a dissipated man?-A. No.
Q. Did you ever see him saying his prayers?-A. Yes; I did.
Q. Did you ever go and look at the place on the parade ground where you said the
men stopped?-A. I never paid any attention to it whatever.
Q. Have you any idea of where that priest's grave is?-A. No, sir; except from
hearsay, that is all.
Q. Did you hear the men digging?-A. I seen them when they came out with this
detail. 1 was in a house right within a hundred feet of where they were. They
came out there and I heard them talking. I stayed about the house and seen them
shovels, and paid no attention to them, whatever.
drop their
Q. What did you think at the time?-A. I thought perhaps they killed him-that
he lied and that they Were going to bury him.
Q. Have you had any reason since to think differently?-A. No, sir.
Q. Have yo ever had any words or difficulty with Captain Brownell?-A. Never.
Q. Did you think he died while under the influence of the water cure?-A. They
took him down there, and I think if they did give it to him that he did die under
the influence of it.
Q. But you never saw the father after they took him to that house?-A. I never did.
Q. You never heard of his being alive after that?-A. No.
Q. Do you know of anything relating to this examination that you have not testified to? Do you remember anything?-A. I guess you have got all I know about
this case.
Q. Are there no other cases?-A. No.
Q. I want to know if there are any.-A. No; I think not
Q. Were you raised as a Roman Catholic?--A. Yes, sir. 1 want to say that if the
man died while under the influence of the water cure, that I do not think it was any
worse for him being a priest than it would be for any other man, but as near asT
could get at it, I understood that he was a sympathizer with the insurgents, and preferred much rather to see him dead.
ALBaRT L. CROSS.
me
and
to
before
this
sworn
of
13th
Subscribed
day October, 1902, at Burlington, Vt.
:.
'~L* 0~,
}E. H NTHE ,

.Judge-Advocate, U.. Armny.

GARDNER GATES, late of Company D, Twenty-sixth Volunteer Infantry, having
been first duly sworn to testify the truth, the whole truth, and nothing
but the truth
as to the matter respecting which he was to be examined, testified as follows:
Q. Where do you reside?-A. I reside at 42 Elmwood
Burlington, Vt.
Q. What business are you in, Mr. Gates?-A. I am avenue,
a salesman of marble and
granite.
Q. Were you ever a member of Company D, Twenty-sixth Volunteer Infantry?A. Yes, sir.
Q. From what time until what time?-A. From the 29th of July, 1899, until May
13, 1901.
Q. Where were you stationed in the fall of 1900?-A. I was stationed at Banate,
island of Panay, Philippine Islands.
Q. Was that the station of your company?-A. Yes, sir.
Q, Who was the commanding officr
of your company?-A. Captain Brownell.
Q. Did he command the garo?--A. Yes, sir,
and the district.
Q. Were you a noncommissioned officer at this time?-A.
:Yes, sir.
Q. The whole time?-A. Yee, sir.

122

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

Q. What rank?-A. First duty sergeant.

Q. Do you know, of your own personal knowledge, anything about the water cure
been administered?-A. Yes; in this way. I have seen it administered in
having
one case at headquarters at Banate.
Q. You have seen it administered at the post headquarters? Can you member
the man's name? Was he a native-a Filipino?-A. The water cure was administered to him. I was there some of the time and saw it given to him,
I
:
Q. Under whose direction was this done?-A. I could not say for sure, because
do not know who gave the order, but I understood that the post commander gave
the order.
Q. Is that the only instance which you can remember?-A. At that time I was
acting inspector of customs and had my office in headquarters. My duty required
me to go around upstairs. The water cure was administered in one of the upper
rooms of the officers' quarters where they lived upstairs. In that way I saw it
administered, although I had nothing to do with it, and had nothing to do with the
so-called water cure squad.
Q. While you were there did you see a Roman Catholic priest brought in there as
a prisoner?-A. I saw a so-called priest once or twice when he was taken out of the
room where he was kept-confined in a close room-I saw him twice, I believe,
once when I was going downstairs from the officers' quarters down below, and I met
him when he was speaking to the sentry, when I think he said something about
'el capitln,'" and that he wanted to see him. By the appearance of the man I
him to be a priest, because he was shaven on top of his head. Hle had the
judged
unifornmof a sergeant of artillery on him-i. e., he had the trousers and I think the
blue shirt on with a red stripe on the sleeves. They say he was brought to Banate
on a gunboat disguised as a sergeant. He was brought up at night, and I saw him
a day or two after that. He was a thickset man, about 175 or 180 pounds, although
he would'perhaps measure not more than 5 feet 7 or 8 inches.. lie was very stocky
and broad, was brown in color, very dark-darker than the majority of the natives
living in the towns, showing him to be a full-blooded native. I think he was a
Visayan belonging to the island of Banate in the Visayan group. He was a very
coarse-featured man, and I should think from seeing the man that he was of a low
order and devoid of intelligence to a great degree, and of a cruel nature. I can not
because he must have had sonif to be a
say that hehewasdidwithout
anyit intelligence
not show
his features.
priest, but
by
Q. How did you know him to be a priest?-A. He did not tell me that he was a
priest, but everyone said lie was a priest, the natives said he was a priest, and with
his shaved spot on the head I took him to be a priest. Of course, I liad no other
way of knowing, so I could not be sure; but I think I saw enough of him to be sure
that he was a priest.
Q. Have you any personal knowledge as to why lie was brought a prisoner to the
island of Banate?-A. Nothing only what we all knew; that he was brought therebecause he was suspected of being the headman on the island of Panay for the
insurgents.
Q. You suspected him of being that?-A. It was known to more officers, and to
General Hughes, the commanding officer of the forces in Panay, that lie was such a
man, and that was why he was brought to Banate. He would have been arrested
a long time before only for fear of an uprising of the natives.
Q. Did you ever talk with himl?-A. No, sir; I never had anything to do with

hilm.

Q. tHave you told all that you know in relation to this matter-in relation to this

I (do not know personally how this priest died. Only I understood, anid
priest?-A.
it was common report, anld we all, 1 believe, knew about the same thing, or heard

the same thing, that he died at one time from the water cure being adminiiistered to
him. I thought however, that he was a dissipated man; as soon as he was captured
and brought to Banate the ardor was taken out of him. HIe knew that the insurrection was dead, or that it was ended there, because he had been the instigator and
had been the plotter, and had collected moneys through his office as priest from the
and rich people alike in the towns and cities through the island of
poor people
and I donlt know but ha through other towns, to carry on the insurrection.
Panay,
This was known to (General Hughes.
know l)ersonally that the water cure had been administered to this
Q. You don't
Not to this priest. I was not there, I think I know of one or two of
priest?-A.
the men who were there, though they never told me much about it. I know that
we were all glad that the man was out of the way, He was not murdered, or anyof the kind, and that he did die while the water cure was being administered
thing
to him was a shock to all those there, I believe. I believe myself that it really
broke the backbone of the insurrection.

COURTTS-MARTIAL IN THE PHILIPPINE ISLANDS.

123

Q. What did?-A, The death of this priest on the island of Panay.

Q. Did you personally at any time see this priest in any way maltreated?-A. No;
at no time. I believe that he had all he wanted to eat, plenty of food and water,
kept all the time in a dark room. It was not totally dark. I saw him
thoughoncehe orwastwice
when he was brought up by a sentry. I do not believe that he
only
was in good physical health. By the looks of him, he was a man who drank a good

This, I believe, caused his death more than anything else.

GARDNER (.IATES,
Late Sergeant, Company D, Twenty-sixth Volunteer .infantry.
Subscribed and sworn to before me this 11th day of October, 1902, at Burlington, Vt.
EDWARID H UNTER,
J.udge-Advocate, U. S. Army.
WILLIAM J. LoNOr, 20 School street, Burlington, Vt., late of Company D, Twentysixth Volunteer Infantry, having first been duly sworn to testify the truth, the
whole truth, and nothing but the truth as to the matter respecting which he was to
be examined, did testify as follows:
Q. What is your name?--A. William J. Longe.
Q. Where do you now reside?-A, 20 School street, Burlington.
Q. What is your business?-A. A member of the fire department of Burlington.
Q. Were you a member of Company D, Twenty sixth Volunteer Infantry?A. Yes, sir.
Q. From what time until what time?-A. I enlisted the 1st (lay of August, 1899,
and was mustered out the 13th of May, 1901.
Q. Were you during your enlistment on the island of anay?-A. Yes, sir.
Q. And at Banate?-A. Yes, sir.
Q. Whoandwasof your commander?--A. Captain Brownel. IIe was in command of
the
the
deal.

post

company.

Q. While you were stationed at Banate did you ever se what is called the water
cure administered to anybody?-A. I never did.
Q. While you were at Banate did you see there a Roman Catholic priest by the
name of Father Augustine:Pefna?-A. I saw a man there Who I really would not
know whether he was a Roman Catholic priest or not. I could not swear as to his
religion. I know of a man that they called a priest at the time.

Q. Was he a prisoner?-A. Yes, sir.

Q. Do you know why he was a prisoner?-A. Well, he was captured, I think, at
Molo. He was reported to be the treasurer of the insurgent arny at the time.
Q. Were you ever on guard over him?-A. Yes, sir.
Q. I1ow was this prisoner dressed?-A, When he came to Banate he was dressed
in a sergeant's uniform-a first sergeant of artillery.
Q. What were the orders given you in reference to him whentyou were the sentinel
over hirm?-A. He was placed in a small room just the same as other prisoners at the
'ime, and was not allowed to escape or have the freedom of the place any more than
any other prisoner.
Q.Was he confined by himself?-A. Yes, sir.
Q. Was the treatment he received different than that given other prisoners?-A.
The treatment was no different as far as I know.
Q. Did you ever see this man about whom you are testifying in any way maltreated-I mean treated badly?-A. I never did.
Q. How long was he a prisoner there?-A. I did know the day he came there.
It was about six weeks, perhaps longer, when he disappeared.
Q. Do you know how he disappeared?-A. I do not. IHe was a very large man,
and it was claimed he was very dissipated.
Q. Did you see any evidence of dissipation about him?-A. Of course, we naturally
would not after he was confined. He was not allowed.
Q. Do you know anything personally about his antecedents?-A. I do not.
Q. Or as to his disappearance? What was the report in the company?-A. There
were several stories going about. Of course I did not see anything myself and know
nothing more than hearsay. Some said he was given the water cure, and some say
that he died of fatty degeneration of the heart.
Q. You do not know which story was true?-A No, sir.
Q. Do you know after he disappeared whether or not he was buried?-A. No, sir;
I do not.
Q. Did you hear any report about that?-A. I heard it reported that he was buried.
Q. Where did you hear it reported that he was buried?-A. It was a very short
distance from the Catholic rcch, but personally I do not know where he was uried.

124

aOURTS-MARTIAL IN THE PHILIPPINE 18tANDS.

Q. Have you told all you know about this occurrence?-A. Yes, sir; except that. I
want to add that Julian Codman, of 22 Court street, Boston, came up here this sumr-,
mer. He sent up and requested me to come down if I would. He asked nIe if I hadl(
ever served under Captain Brownell. I told him I had, in Coinpan y M, F'irst V\rmont Volunteers, and also in Company D, Twenty-sixth Volvnlter Infantry. In
regard to this priest, I told him practically the samel as I have tol( yo(u I saw 1hi
one evening out with Captain Brownell walking-about the forepart of tile evening
and I think there was a guard out with him. I never saw an instance of the water
cure given.
WILLTIAM J. L)ONOE,
Late Private, Company D, Tiwety-,ifitb (. S. T ot/ln1ltee'rs,
Subseritbed and sworn to before me this 11th (lay of (Octolber, 1902, at Burlington, Vt.

-.

E,. II JN'ri, .fJudge-A dvoct,

ALRmBRT S. Fox, St. Johnsbury, Vt., late of Company I), Twenty-sixth Volunteer
Infantry having first been duly sworn to testify the truth, the whole truth, and
nothing but the truth as to the matter respecting which lie was to be examined, did
testify as follows:
Q. Where do you now reside, and what is your occuriation?-A. I reside at St.
Vt., and am driving a team for the quartermaster at Fort Ethan Allen,
Johnsbury,
in Government employ.
Q. Were you a member of Company D, Twenty-sixth Volunteer Infantry?-A.
Yes, sir. how
long a time?-A. I joined the company at Plattslurg, August i3, 1899,
Q. For
and was mustered out with the regiment at San Francisco, Cal., when they were
mustered out the 13th (If May, 1901.
Q. Were you with the company at Banate in 19K0?-A, Yes, sir,
Q. Who was in command of the post at that time?-A. Captain Brownell, sir."
Q. Do olu know if aatany time in the company there was a squad called the watercure squad?-A. There was no particular Skuad; sometimes one or two men would
be (detailed, sometimes three or four would be picked out by the captain to give the
water (cire.
the water cure administered?-.A. I did, sir.
Q. )id you ever see can
recollect, at what time and under whose direction was it
Q. As near as you
adminiistered?-A. It was administered by Captain Brownell's order, and before a
doctor at the side of the man.
Q. What year and month was this?-A. It must have been in December, 1900.
Q. Is this the only time you saw it administered?-A. That is the only time I ever
saw it administered.
Q. To whom was it administered on this occasion?-A. It was administered to the
of Astancia.
presidente
Q. For what purpose was it administered?-A. It was to find out where he had
some mnen who were fighting against us, and where their arms were.
Q. While you were at Banate did you ever see any Filipino prisoners?-A. Yes,
sir; we had lots of them.
Q. Do you know if there was a Catholic priest among them?-A. I do not, sir.
Q. Did you while at Banate hear of a man dying under the water cure?-A. No,
sir.
Q. Did you hear of any man?-A. No, sir; I did not.
Q. What
duty were you doing while at Banate?-A. For about three months at
Banate I had charge of getting the water for the company, and the rest of the tine I
was doing duty.
Q. Did you ever participate in administering this water cure?-A. I (did, sir. I
to give it once.
helped
Q. State the circumstances under which it was administered on this occasion.-A.
Well, we took the president of Astancia and laid him on a bunk and tied his hands
and feet. The doctor stepped on to the right side of him and I stepped ont to the
left-hand side and just took hold of his nose and made him open his mouth. I plut
a small stick between his teeth, just so as to hold it open, and another man turned
the water into his mouth until the doctor says: "That's enough; don't give him
any more."
Q. Who was.the doctor?-A. Dr. Woods, the post surgeon.
Q. Who else was present?-A. Captain Brownell was present and just the men
who were picked out to give it to him.
Q. Who were those men?-A. I can not tell you now who th e,, men were. I
was one of them; but I can not recollect the names of the others.

COURTS-MABTIAL IN THE PHILIPPINE ISLANDS.

125

Q. How many of them were there?-A. There were two or three of us, besides
the captain and doctor.
Q. Did you help to administer the water cure more than once?--A. No, sir.
Q. )id you get the information you wanted?-A. Yes, sir.
Q. In your opinion was the presidente injured by this?-A. No, sir.
Q. What became of him afterwards?-A. He was left there in town, I think, sir.
Q. D)o you know if he was let loose as a prisoner?-A. 1 think he was let loose
after they got the information and the arms. I took a small boat that was running
along the coast, the Lisivn, and.went to iloilo with 22 prisoners that we had. I left
about three hours before the rest of the company went on the gunxoat.
Q. Did you ever hear anything about a prisoner called Padre Augustine?--A. I
have heard of a prisoner by the tnme of Augustine.
Q. You heard of him while you were at Banate?-A, Yes, sir; from the other
boys around there, from other solIdiers.
Q. What did they say about him?-A. They said there was a prisoner there
the name of Augustine, and they said he was not kept with the others, andl that by
is
how 1 (lid not happen to see him.
Q. D)id they say antyt hings being a priest?--A. No, sir; I never heard it
mentioned
that he was a priest.
Q. Were you ever on guard over him?-A. No, sir.
Q. Do yoll know anything more than what you have testified to concerning the
water cure and prisoners?-A. No, sir.
Q. Was Captain Brownell in commran(l all the time you were at Banate?-A. Yes,
sir.
the water cure a permanent one, or were
Q. Was this squad for
there different men taken atadministering
different times?-A. There were different men taken, sir.
Q. And who selected them?-A. The captain, sir. I think Captain Brownell
went about this in as easy a manner as possible
and took men that'would handle the
man as easy as possible. I think the captain did not want to hurt any man whatever nor do anything only just where he knew he was going to get some information
that he could not get in any other way.
Q. I)o you remember if a man, Albert L. Cross, of your company was present when
the water cure was adminiistered?-A. I could not say,
sir.
AUIBEiRT S. Fox,
Itte P'rivate, 'Wegidy-sixth U. S. IVolunteers.
Subscrited and sworn to before nme this 13th day of October, 1)02, at Burlington, Vt.
E. IHtlNTER,

.1Eudge-Advocate, U. AS. Army.

TIHOAs MCGEE, late of Company I, Twenty-sixth Volunteer Infantry, having

first :been duly sworn to testify the truth, the whole truth, and nothing
but the truth
as to the matter respecting which he was to be examined, did testify as follows:
Q. Where do you live?-A. I am living here now.
Q. What is your address?-A. 34 Battery street, Burlington, until I get mly pension about the 10th of November, when
it will be 35 First street, Utica, N. Y.
Q, Were you a member of Company I), Twenty-sixth Volunteer Infantry?-A.
Yes, sir.
Q. For how long a tinmeA. I was there up till the 1th dary of October, 1900,
wIfen 1 got wounded.
Q. Were you in the company at Banate in 1900?-A. Yes, sir.
Q. l)o you know if at any time in th c he a there
r waa
w
d calle t
water-cure squad?-A. No, sir; I was told of aopny
but I never heard of it eiang
squad,
administered to people there, and I never saw it done.
Q. Do you know if, while at
there was a Catholic priest that was a prisoner
there?-A. Not in my time. Banate,
aQ. Was there prvte in your company
nae of Alfred Bertrand?the
oth
A. Yes, sir; I think he was a corporal
for a while.
Q. Did you know him well'-A. Not very well, because he was not in the coIlpa1ny a very long while.
Q. Where was he?-A. He was in Iloilo, at general headquarters on Panay Island.
Q. So you did not hear much of him?-A. Only when he got back into the comlpany on his return from Iloilo two or three months before. I left, before I got
wounded. I think he was there when I got wounded.
Q. What was he doing in the company?-A. I think he was the company clerk.
Q. Was he the company clerk when you left?--A I think he was,

126

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

Q. Who commanded the company when he was company clerk?-A. I think Cap.
tain Brownell.
Q. Do you know, of your own knowledge, anything against Bertrand?-A. No,
sir; I do not. I never had any dealings with him, and I know of nothing for or
against him.
Q. Do you know anything more than what you have testified to?-A. No, sir,
The captain used us well so far as I know. ie always acted as a gentleman in every
respect. lie used all of us all right so far as I know.
Subscribed and sworn to before me this -- day of - , 1902, at Burlington, Vt.
The above witness did not report after his testimony had been typewritten.
:. f1HITNTEI,
.Jud/e-Advocate, U. 8. Army.
JOHN BRESNEHAN, late of Company 1), Twenty-sixth Volunteer Infantry,
first been duly sworn to testify the truth, the whole truth, and nothing but
having
the truth as to the matter respecting which he was to be examined, did testify as
follows:
Q. What is your address and woccupation?-A. My address is 101 Pearl street, BurVt, I am a butcher.
lington,
Q. Were you a member of Company I), Twenty-sixth Volunteer Infantry?-A.
Yes, sir.
Q. For how long a time?-A. Twenty-two months.
Q. From what tlme until what tinme?-A. From July 27, 1899, until May 13, 1901.
Q. Did you get anl honorable discharge?-A. Yes, sir.
Q. What was the character on it?-A. Very good.
Q. Were you with the company at Banate in the fall of 1900?-A. Yes, sir.
Q. And who was'in command there at that time?-A. Captain Brownell.
Q. Do you know if at any time in the company there was a squad called the watercure sqwuad?-A. Why, yes; there was a few men that we used to name the watercure squad.
aQ And for what purpose was this squad detailed?-A. I don't know; it seems as
though they were given all that kind of work to do; there were certain men to

administer this water cure.

Q. I:o you know the names of those men?-A. I know the names of a few of them.
So far as I can remember, there was Sergeant Camnpbell, Albert Cross, George Branch,
and Private Robinson.
Q. HIow do you know that these men constituted this squad andl performed that
duty?-A. From what they tld me.
Q. Did you ever see the water cure administered?-A. I never seen it but once.
Q. When was that time?-A. I could not give the date. It was in the town of
Analau.
Q. What time of the year? 1900? Fall of the year?-A. I think it was along
there somewhere. It was the only time I ever seen it given. I don't remember
what month.
Q. Who was it given to?-A. To some native there.
Q. Don't know his name?-A. No, Hir. That I could not
Q. For what purpose was it given?-A.
say. Some of the boys
said it was about arms hidden away-something of that kind.
(Q. These men that you speak of administered it?-A. This Robinson was one of
them, Robinson and Sergeant Campbell was the only two I seen then.
Q. You know that they administered( it?-A. Yes, sir.
Q. Who directed it to be done?-A. Captain Brownell.
Q. There were prisoners there, were there not-Filipino prisoners at Banate?-A.
Yes, sir.
Q. Do you know if there was a Catholic priest among those prisonlers?-A. I could
not swear that he was a priest; only what the company clerk told me.
Q. Who was the company clerk?-A. His name was Bertrand.
Q. He told you that there was a priest among them?-A. Yes, sir.
q. Did you ever see him?-A. Yes, sir.
Q. You saw him?-A. Yes, sir; I saw him when he first came to the town.
Q. When le first came to town how was he dresed?-A. In artillery uniform
with sergeant's strips.
Q. D(id yo see hmn when he landed?-A. Yes, air.
Q. What time was it-in the (lay or night?-tA. Landed in the (lay.
Q. What did they land him from?-A,. From the gunboat Parapua.

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

127

Q. Was there a guard over him when he landed?-A. Yes; there were some
soldiers over him.
Q. Was the captain along?-A. Yes, sir; Captain Brownell and Captain Butts.
Q. What did (aptain Butts belong to?-A. To the cavalry.
Q. Where did they take the priest?-A. To headquarters.
Q. Did you see them take him there?-A. Yes, sir.
Q. When next did you see the priest?-A. I did not see him next until I mounted
guard.For
how long did you see him then?-A, I seen him twice during thtt (ay.
Q.
Will you describe his appearance?-A. lHe still had a sergeant's uniform on.
Q.
I seen hijm when I was called up there to relieve the guard that was over him.
There was an interpreter there. I don't know what his name was, They were trying to get this man-this so-called priest-to sign some papers and lhe refused to do
so, and thenthey said they were going to give him the water cure so called.
Q. Did they threaten him with it?-A. They brought him in and threw him on a
ladder, and he seemed to get scared. HIe must have had it before and knew what it
was. So he said that if they would not give him the water cure he would sign the
papers.
l do you know this?-A. Through this interpreter.
Q How
Q. You were in the room at the time?-A. Yes, sir.
Q. And you knew it from the interpreter?-A. Yes, sir.
Q. And it waM your opinion that he had had it before?-A. Yes, sir.
Q. Why did you think he had had it before?-A. lie seemed to know what it
was-didn't want it.
Q. Continue.-A. ie said he would sign the papers.
Q. Did he appear to be in great suffering?-A. Yes, he dild; crying and seemed to
feel pain, shaking all over.
Q. I)o you remember about what month and year that was?-A. I could not say
when it was.
Q. Then you were relieved?-A. Then I was relieved from doing guard.
Q. Did you see him sign the papers?-A. Yes, sir.
Q. Iid you see the priest after that time?-A. Yes, sir; I seen him that evening.
Q. About how long after this water cure was administered to him'?-A. Well, I
.don't know whether this water cure was administered to him.
Q. I mean how long after he was threatened that you saw him again?-A. It was
about 10 in the evening. It was after taps.
Q. And this threatening was about what time?-A. In the afternoon.
Q. Where did you see him?-A. I got orders to take him out of the cell.
Q. You were on guard at the time?'-A. Yes, sir.
Q. Did you take him out?-A. I helped to take him out.
Q. What was his condition when you took him out?-A. The same as before. He
was crying and shaking all over. He was trying to say something, but I could not
understand what it was.
you do with him when you took him out of the cell?--A. Sergeant
CQ. Whathaddidcharge
of him.
Camptbll
Q. Was he able to walk?-A. Hardly; we helped him.
Q. How many of you?-A.' There were four or five left the guardhouse with him.
I simply helped to take him out of the cell, and helped to blindfold him.
Q. Who ordered this blindfolding?-A. Sergeant Campbell ordered him. blindfolded. I don't know where he got his orders.
Q. What kind of cell was this prisoner in?-A. A cell built for solitary confinement.
Q. How large?-A. It was not very large. It was large enough to get a small
bunk in,
he have a bunk in there?-A. Yes, sir.
:Q.Q. Did
Do you know where Sergeant Campbell and party took him?-A. They took
him down to a house about a block from headquarters.
Q. When they took him out was this the last time you saw him?-A. Yes; the
last time I seen him to know him.
Q. By what name did he go?-A. I could not say; I did not know his name.
Q. The first time you saw him did he look like a sickly man?-A. No, sir; he
looked very healthy the first time I seen him.
Q. When you last saw him, how did he look?-A. lie did not look as though he
would stand a great deal of hardship. He needed help to walk.
Q. Did you ever notice the top of his head?-A. Yes, sir,
Q. Was it shaven?-A. Yes eir,.

128

COURTS-MARTIAL IN 'THE PHILIPPINE ISLANDS.

Q. Did you believe that he was a priest from all you heard and saw?-A. From all
that I heard and saw I believed he was. They would not let any of the natives
see him.
Q. Have you any knowledge as to what became of him after he wa taken to this
houtse?-A. Private Branch came back to the guardhouse shortly afterwards-in
about half an hour-and went to get the doctor. The doctor went with him.
Where hewent I don't know. He came back again after some prisoners, which
he took with him. They took some shovels and picks, and when he came back I
asked him where lielhad been, and he said he had been burying the priest. That
was the answer he gave me.
Q. How long was this after you took him from the cell?-A. It might have been
of an hour.
three-quarters
Q. Did Branch say where they buried him?-A. Yes, sir.
Q. )id yourilver look at that place to see if it had been dug up?-A. Yes, sir;
the next morning; it then appeared to have been freshly dug up.
Q. Did any of the other men examine it?-A. I don't know.
Q. Was this matter talked over in the company afterwards?-A., I never heard it
talked over; no, sir.
Q. Did you ever talk it over with any of the men?-A. Yes, sir; I have.
Q. And about what was the line of the conversation?-A. After Bertrand had told
us that this man was a priest, he told me in particular, and I inquired of Allie Cross
whether he was or not, and Allie said he was.
Q. What duty was Bertrand on?-A. Hle was company clerk.
Q. I)id Captain Brownell accompany this priest from the guardhouse to the house
where he was taken?-A. Yes, sir.
Q. HIow long after this occurrence was it that you went alnd looked at the groundl?A. It was daylight early the next morning.
Q. Did it looks though it had been dug up freshly the night before?-A. Yes, sir.
Q. Did it look like a grave?-A. Yes, sir.
Q. Did any of the other men go with you to look at it?-A. No, sir.
Q, How old (did this priest appear to be?-A. He seemed to be a man pretty well
in years. IHe might have been 60 years of age.
along And
how long was lie there at Banate?-A. He was probably there six or eight
Q.
days, It was but a short tirie.
Q. Could it have been two weeks?-A. I hardly think it was two weeks.
Q. After you relieved the guard over this prisoner, how long did you remain with
him?-A. It must have been three-quartrs of an hour or an hour.
Q. Did you then take him in the room to the rear of the offce?-A. Yes, sir.
Q. Who ordered you to do that?-A. Captain Brownell.
Q. Do you remember what Capltain Brownell said to the priest through the interI)o you remember anything he told him about signing tlese papers?-A,
preter?
All I can remember is that if he did not sign them he would give him the water cure
said he would give him time to think it over.
again.ThisHewas
in the afternoon?-A. Yes, sir.
Q.
Q. Did you help Sergeant Campbell to blindfold him?-A. Yes, sir; I (lidi
Q. Can you give me the names of any of 'that party that took this prisoner from
the cell that night on the way down to the housel-A, All that I can remember is
two of them-Sergeant Campbell and Branch.
Q. Is there anything connected with this occurrence that you have not testified
to?-A. No, sir.
Q. This is all you remember?-A. That is all.
(Q. Do you know of any other acts, such as administering the water cure, Ibsides
this to which you testify?-A. No, sir; only that one at Analau.
JOHN J.

BRrENsIIAN,

Ixlte Privatle, Company D, Tiwenty-sixth Infantry Volunteers.

Subscribedland sworn to)before me this 13th day of October, 1902, at Burling-

ton, Vt.

E.

HIINTER,

*Judge-Advocate, t. S. Armny.
0Voluntalry statement of William Sullivan, latefirst lieutenanr Co;mpany F, Ttveenty-sixth
Volunteer
infantry.

My 11m', is William Sullivan, late first lieutenant of Company F, Twenty-sixth

Volunteer Infantry. I was born in Ireland, My home address is 14 Whitney street,
Manchester, N.I Y. 1 am 36 years of age, and am employed as a mail carrier. men
Some time, believe, in the latter part of November I was ordered to take 40
and report to Captain Brownel on the gunboat Paraoua. I understod that Captain

OOURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

129

for me on this detail. When I reached the

Hughes
applied
with my detachment I found that there was a native prisoner confined on
gunboat
the boat. Some time previous to this I understood that there was three men detailed
to guard this prisoner. When I got to the boat it was about 9 o'clock in the evening;
this prisoner was on
of this detachment until he was delivand was in
Brownell had

to General

board,

charge

ered at Banate the next morning to Captain Brownell. Captain Brownell was on
the boat and was in command of the expedition.
At this time I did not know who this prisoner was, but I heard some of the men
that it was a padre. I did not know that this was the Padre Augustine until
say
some few days later, when I heard it rumored by some of the officers at Banate that
this man, the prisoner, was treasurer-general of the insurgents on the island of Panav.
While at Banate the prisoner was confined in a room in the building occupied by thie
officers' quarters. I did not speak with the prisoner.
I operated with several expeditions in and around the country where this Padre
was located previous to his removal from the town of Molo. I understood
Augustine
that he was an active insurgent.
When I left Banate I understood that Padre Augusline was still confined in the
officers' quarters.
I never saw the water cure given to this padre, nor (lid I at any time direct that
the water cure be given to the Padre Augustine or any other )prson while I was in
the service of the United States Government.
WIIIAi M

SU8IAlVAN.

Manchester, Vt.,
day
E. HI.UNTEIR,
Judge-Advocate, U.. S. Army.
late second lieutenant, Company D, TwentyVoluntary statement of S. E. Worthington,
sixth Volunteer Infantry.
I am a resident of North Burlington, Vt.; I am now in the employ of the National
Mass.
Fitchburg,
Express
Company atsecond
I was appointed
lieutenant of the Twenty-sixth Volunteer Infantry July
13, 1899, to date from July 5, 1899, and was assigned to Company D in July, 1899,
and served with that company throughout my service with the said regiment. I
sailed for fhe Philippines on or about September 5, 1899, from San Francisco, and
disembarked at Iloilo. After active operations in the region of Jaro I was ordered
with my company to a town called Sara, province of Concepcion, island of Panay.
On or about March 1, 1900, I was ordered with my company to Banate, Where I was
appointed post adjutant, quartermaster, commissary, and summary court officer.
While at Banate I Paw the water cure administered by direction of Captain
Brownell by members of the company to natives, names and dates I do not rememnber, for the purpose of gaining information as to the whereabouts of arms and
stores. I never saw the water cure administered to the Padre Augustine.
On the early morning of November -, 1900, Padre Augustine was landed from
the gunboat Paragua under guard of Captain Brownell and a squad of enlisted men.
The said padre was clothed in a first sergeant's uniform of artillery and was placed
in confinement in one of the rooms in headquarters building. I used to see him
nearly every
d(ay. He was a man of very nervous temperament and seemed to be
from smne mental strain. I never saw the water cure administered to him,
suffering
but I had reason to believe that it was administered. One evening, I believe in
December, 1900, I was sitting with the post surgeon, Dr. Woods, in a room in head(uarters building, when an enlisted man entered the room and conversed with the
Subscribed and sworn to this 17th
before me.

of

October, 1902,

at

surgeon. The surgeon and the enlisted man immediately left the room, and in
about half an hour, if I remember correctly, Captain Brownell returned and told
me that he had been in the Padre Augustine's room and found him dead. I know
nothing about where he was buried, but only from rumors, which were, upon the
parade ground near the church.

WOI1THINOTON.
OCTroBER 16, 1902.

S. F.

Then appeared the above S. E. Worthington and made oath that the above sttement was true, before me.
E. HUNT'BR,
Colonel, Judge-Advocate, U. iS. Army.
S D-57-2--Vol 15 46

130 :

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

APPENDIX

I.

PRESIDIO OBF SAN FRANCISCO, CAL., October 22, 1902.

Judge-A.dvocate-General, U.S. Army.
SIR: I have the honor to acknowledge the receipt of your letter and deeply regret
that charges of cruelty should be brought against any officer of my command. No
of the punishment known as the -'water cure" having ben administered
complaint
or enlisted man ever reached me and it was well known that I had no
by an officer
with it. I had no-authority to direct the useof a gunboat.
sympathy
The post of Banate, Company D, Twenty-sixth U. 8. Volunteers, commanded by
Capt. . M. Brownell, was in the district of Panay and it does not seem possible that
a detachment could have left Banate and gone to Iloilo without my knowledge. It
seems to me the fact that over 50,000 natives took the oath of allegiance in my district before the Twenty-sixth Regiment left Panay for the United States ought to prove
that the inhabitants had been well treated by the troops of this command.

Gen. Gronmo B. DAVIS,

Yours, truly,

FORT
The JuiXlJK-Ai)V(W'ATE-(tENERAi,UII. 8. ARMY,

E. RIci,
Colonrl Nineteenth .Infantry.

CLARK, TEX., November 15,

1902.

Wa.lhington, D. C.
SIR: I have the honor to acknowledge the receipt of your letters of October 6 and
November 6, in regard to the arrest and alleged subsequent treatment by rmemi brs
of Company I), Twenty-sixth Infantry, U. S. Volunteers, of a parish priest,
Father
de la Pela, of Dumangas, P'anay, P. I.; also vith regard to the adminisAugustine
tration of the "water cure" awl other unauthorized forms of punishment, which
might have come within my knowledge while serving as an officer of volunteers in
the Philippines.
In reply I beg to inform you that during December, 1900, I was stationed at
Iloilo Province, about 60 miles from Banate, and have no personal knowledge ofJaro,
facts in connection with Father de la Pefia's arrest and subsequent treatment. Asany
to
Father de la Pefla's attitude toward the insurgents, he had many relatives among them,
and, from the information gotten in my district many times, I was
convinced
that he was an arch insurgent, and that to his influence and financialfirmly
aid was in great
part due the length of the insurrection in Iloilo Province of the island of
As
to the "water cure" and other forms of unauthorized punishment, I havePanay.
never seen
the "water cure," and I have no personal knowledge of the alleged use of it.
Very respectfully,
EDWARD ). ANDEnSON,
Captain and Cornmissary, Twelfth Cavalry.
FORT HOWARD, MD., October 26, 1902.
The JiUDGE-ADVOCATrE-GNERAL T. S. ARMY,
(ashington, D. C.
SIR: Replying to your communication of October 6, 1902, 1 have the honor to
state that I have no personal knowledge of the alleged administering of the "water
cure" to Padre Augustine, neither have I any personal knowledge of his antecedents.
It was common report that during his confinement at Banate, Panay, he disclosed
the whereabouts of some $18,000 insurgent funds, and he was given the credit of
being the financial head of the insurrection on that island.
I regret that delay was made in
this reply, but the request was only
received last night on my return frommaking
a twenty-day leave.

Very respectfully,

S. AVERY, Jr.,
First Lieutenant, Artillery (Clorp

Fo.RT CASWELL, N.C.a., October 18, 1902.

Washington, D. C.
Sra: I have the honor to state in reply to your inquiry of recent date, relative to
what knowledge I have concerning the alleged death, due to the administration
of "the water cure," of Padre Augustine de la Pifia, that during my service in
The JIDGV-ADVOCATR-GENERAL U. S. ARMY,

COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.,

131

the island of Panay I was only in Banate twice, then on duty with the quartermaster's department. Att tetime of the alleged death I was in the center of
Panay operating against the enemy and have no knowledge of the circumstances
of Padre Augustine's capture or death.
The general belief among officers and men in Iloilo Province about that time was
that Father Augustine was an active insurgent, giving them aid and information
whenever possible.
The parish priest at Januiay, Iloilo Province (since deceased), with whom I was
on very friendly terms, has frequently told me Padre Augustine levied taxes for the
and had relatives in the field against our forces, and the belief was cominsurgents
mon. I believe that at times Father Augustine took the field in command of forces
against us. This information is secured direct from one of the sergeants of
operating
a native company of Panay scouts of which company I was in command.
Very respectfully,
' GARRISON BAi,
L

Second Lieutenant, Artillery C)rps.

CAMP GRGouEr H. THOMAS,

Chickcamauga P'ark, Ga., October 11, 1902.
4
The JUDGE-ADvocAT GENERAL
Ut. S. ARMY,
Washington, D. C.
SIR: I have the honor to acknowledge the receipt of your communication of the
6th instant, asking for information about one Father Augustine de la Pifla, a parish
priest of Damangus, Panay, P. I., and for any facts within my knowledge of the
circumstances connected with his death. I have the honor to inform you that Father
Augustine lived at Molo, 3 miles from Iloilo, Panay, P. I., but beyond the fact that
he was one of several wealthy and influential residents of that town who were suspected of being active insurgent sympathizers, I know nothing about him. As to
the facts connected with his death, I have no personal knowledge. During the
1900 (the time you state his death is supposed to have
greater partI ofwasDecember,
in the First Reserve hospital, at Manila, recovering from an attack
occurred),
of dengue fever.
Furthermore, from the time the Twenty-sixth Infantry, U. S. Volunteers, was
divided and sent to different parts on the island in December, 1899, until the regiment was assembled at lioilo for transportation to the United States, in March, 1901,
I never saw Captain Brownell's company (1)), as we were stationed at different parts
of the island. Captain Brownell was stationed at Sara and Banate during most of
that time near the west coast of the island, while I was in the interior at Santa Barbara, Pasey, and Cabatuan. I also have the honor to state that during my entire
service in the Philippine Islands, during nearly all of which I was in the field, I never
administered the so-called " water cure" to anyone, and, what is more, I never saw
it administered by anyone else. In fact, I have heard much more atbut the "water
cure" since I returned to this country than I ever heard while I was in the Philippine Islands.
WM. MTURRAY CONNEL,,
Very respectfully,
Birst Lieutenant, Seventh COvatry formerlyy Captain,
Twenty-sixth Infantry, U. S. Volunteers, Commanding Comparny ).

HEADQUARTERS DEPARTMENT OF THIl COLORADO,

OFFICE CHIEF COMMISSARY,
rDenver, Colo., October 13, 1902.
The JUDOr-ADVOCATE-GENBRAL U. S. ARMY,
Washington, D. C.
SIR: Referring to your circular letter of October 6, concerning Father Augustine, I
have the honor to state that I can say nothing about the matter from personal
of it. I heard of his case, however, while I was on Panay Island, and
knowledge
from what I heard, taken in connection with my knowledge of the policy pursued in
the insurrection on that island, there is absolutely no doubt in myown
downing
mind that the circumstances in the case of Father Augustine are precisely a set forth
in your letter.
Father Augustine had the reputation of being one of the prime supporters and
encouragers of the insurrection, although as I recall it nothing
tangible could be
found agast him,

182

COURTS-MABTIAL UI THE PHILIPPIINE ISLALDS.

In regard to the administration of the water cure to native in Panay, I will say
that it was a matter of such common knowledge that this practice was being resorted
to that I have found it necessary on several occasions to caution the officers and men
under my command to have nothing whatever to do with such practices. However,
it is my firm opinion that the insurrection in Panay was quelled by the water cure.
sums of money were found, names and locations of ringleaders discovered, and
Large
terror spread among the inhabitants by cruel methods of the American inquisition.
And yet as to particular instances, I can not cite a single one.
Very respectfully,
FRANK H. COOK,
Captain and Commissary.
FORT SjIRIDAN, ILL., October 9, 1902.
The JUDGX-ADVocATE-GENERAL U. S. ARMY,
Washington, D. C.
SIR: In answer to your communication of October 6, I have the honor to state that,
in and around Dumangas and Banate,
troops operating
althoughP.on duty withthetheentire
of the Twenty-sixth Infantry's service in the
Panay, I., during
period
I have had no knowledge of either Father Augustine de la Pefa or
Philippines,
his antecedents, or of the alleged administration of the "water cure" resulting in
his death, and, furthermore, I have never seen the 'water cure" administered nor
have taken part in the administration thereof.

Very respectfully,

TIMOTHY M. COIUGOLAN,

First Lieutenant, Second Cavalry.

GENERAL SERVICE AND STAFF

COLLEGE,

iort Leavenworth, Kans., Noverrd)er 10, 1902.

The JUiOE-ADVOOATB-GENERAL U. S. ARMY,
Washington, D. C.
SIR: I have the honor, in replying to your letter of November 5, to state that I
commanded Company C, Twenty-sixth U. S. Volunteer Infantry, as first lieutenant
during its entire service in the Philippine Islands (except a short period while sick)
and up to its muster out at San Francisco, Cal., May13 1901; which service pracof field service during the entire period of duty on the island of
tically consistent
P. I. On or about May 25, 1900, I took command of Borotac Nueva, province
Panay,
of Iloilo, with about one-half my company, sending the rest with Second Lieut.
Roy L. Fernald (who on September 1 1900, was drowned near that spot in line of

to Dumangas, about 4 or 6 miles distant, While not directly in command

duty)
of Dumangas, I considered that as part of my company was stationed there I kept
informed of their wants, and called on Lieutenant Fernald several times.
From the time Lieutenant Fernald took station at Dumangas, and up to the buming of that place, he met with opposition in all his work as to the betterment of
affairs in the town, not only with thle presidente and officials but with Padre Augustine de la Pefa. I believe we all (officers) serving in the Philippines considered the
as of much importance as the presidente-and they certainly from my experipadres
ence could accomplish many times more than the other officials, if they were so disposed. In his capacity Padre de la Pefia was particularly in a position to have been
of great assistance should he have so chosen, as he was related to many of the influential people of Dumangas, and especially to one Joaquin de la Pefla (a direct relative), an insurgent chief, who wa very active and cruel beyond measure-also to
Colonel Quentin Salas. Both of these officers claimed Dumangas as their home, and
lived during this period between November, 1899, and March, 1001, in the swamps
of Dumangas and on the heights of Aglayo, near by. In interviews with Padre de
la Pefia it was quite evident he considered the presence of American troops at
Dumangas a nuisance. And when called upon by Lieutenant Fernald for assistance
or information in his work, as mapped out by the department commander as regards
Dumangs, his attitude while seemingly friendly was indifferent, and I know of
tol
not one incident myself where help from Padre de la Pefia was accorded him.
And I distinctly remember Lieutenant Fernald remarking that if he could have his
own way he would place him in arrest. And here I beg to state that Lieutenant Fernald was an officer not easily excited under perplexing conditions, always kind, and
never harsh in his dealings with the Filipin6e. One incident in particular: In end.

(OIVTh-MA1UTtAt i'& IV

T8416tAS.
ing mail or other matter between Dumangas and Borotac we used small detachments,
and on one occasion Lieutenant Fermald started with three or four men to take Private Mills, who was down with fever, to Borotac from Dumangas. He had trouble in
securing transportation (bull and cart), which was rather unusual, and had requested
Padre de la Pefla to assst him-he seemed ready to do so-but after nearly a day's
delay waiting, the padre informed him there wasn't a bull in Dumangas (an unusual
state of affairs). Finally he started. When about halfway between the above stations, he was ambushed by a superior force and, the bull having stamped, they were
obliged to take turns in carrying Private Mills and in turn fighting their way toward
Borotac, until rescued in nick of time by detachment from Borotac. Private Mills
died a few hours after reaching Borotac, from shock, so the medical officer stated.
Lieutenant Fernald always said he was positive the ambush was planned by Padre
de la PefOa that the movement of the detachment was at first delayed for the purpose
of giving the insurgents time to take their position; that Padre de la Pefa was very
anxious to know just when he would start with detail.
I consider Dumangas the hotbed of the insurrection in the island of Panay, and
I believe my statement can be borne out by official records on file in the War Department from that district. After the burning of Dumangas, Padre de la Pena went to
either Jaro or Iloilo to live; I don't remember which. i never heard that he was
taken to Banate and that the water cure was given him, and from which effects it
was stated caused his death, until I arrived in the United States some time after
muster out, and I believe this information I received from the newspapers.
Banate was about 10 miles from Borotac, and I saw Captain Brownell and his men
often, and no mention was made of this matter as regards Padre de la Pefia to
quite
me. I never witnessed the water cure given, as I remember, and I never heard of a
case while in the islands where it was stated that a death resulted from its effects. I
left Borotac Nueva and took station at Poloton, about 6 miles to the west, on September 25, 1f900, and remained there or in that vicinity until regiment was ordered home
about March 6, 1901.
HENRY M. FALES,
Very respectfully,
Second
PiITLiX

Lieutenant, STenty-first Infantry.

The

FORT LEAVENWORTH, KANS.,

October 11, 1902.

JUDGE-ADVOCATE-GENBRAL,

Washington, D. (.
SIR: I have the honor to state, in reply to your letter of October 6, that I am
unable to give any facts in regard to the administration of the so-called "water cure."
As to Father Augustine, there can be no doubt but that his sympathies were entirely
with the insurgents. I was with Major Henry (now firstlieutenant,
Fourth Cavalry)
when he made an effort to surprise one Colonel Salas, supposed to be in the town of
and this was the only time I saw Father Augustine, who was then in the
Dumangas,
town convent, where various insurgent uniforms, etc., were found. A number of
prisoners were taken, among them one Capt. Perfecto Salas (nephew of the colonel),
Iby myself. While Father Augustine may not have taken up arms, literally, against the
United States Government, there can be no doubt that he gave aid and information
to the enemy; his position as parish priest enabled him to do this very effectively.
I was stationed in another district at the time of his death. In addition I may state
that the above-mentioned Father Augustine had a brother with the rank of colonel
in the insurgent army, named Jauquin dela Pefa.
Very respectfully,
ROLAND FORTESCUB,
Second Lieutenat, Fourth Cavalry.
Fowr Du PONrT, DEL, Octobe 15, 1902.

The JUDwE-ADvOCATE-GBNEAL, U. S. ARMY,

Washington, D. C.

SIR: In reply to your letter of October 6, I have the honor to make the following
statement:
On or about December 30, 1899, accompanied an expedition of about 100 soldiers,
and marines to Dumangas, Iloilo Province, Panay, P. I. The expedition
sailors,
left lloilo in the morning,
returning late the eame day. The ttnp was made by
water. I was ting as topogrphical officer, and had no command.

184

COOURTS-MARTIAttIN T' PHILIPPINE ISLANDS.

We met with no opposition, and upon entering Dumangas were received by a
number of native priestS, one of whom was Padre Augustine de la Pifia. The officer
in command questioned him on severalpoints, and mainly, I believe, as to the
whereabouts of Col. Quintin Salas, an insurrecto leader of considerable cunning and
daring.
Padre Augustine was quite a stout man, weighing probably 200 pounds, and
seemed to be a man of considerable intelligence. He and the rest professed ignorance as to the whereabouts of Salas, or any other insurrectos.
This was the only time I ever saw Padre Augustine.
I afterwards heard that he was considered the leader and backbone of the insurrection in Panay, collecting and distributing all the money to maintain the insurrecto troops in the field. A brother of his, Juan de la Pifa, was right-hand man to
Quintin Salas, and was credited with the invention and perpetration of some of the
most diabolical and fiendish schemes for torturing prisoners known in the islands.
the latter part of 1900 it was rumored that Pare Augustine had disapDuringand
later that he had died while a prisoner. All of this, however, was mere
peared,
rumor and told to me by friendly Filipinos while I was in command of the pueblo
of Santa Barbara, Iloilo Province, Panay, P. I., distant fully 16 miles by air line from
or Banate.
)umangas
During my service in Panay there came to me rumors of the "water cure" having
been administered to natives. My principal source of information was from the
natives.
PHILIP S. GOL)ERMLAN,
Very respectfully,
First lieutenant, Artillery Co(rs,
ate irst
lieutenantt, wnty-sixth Infantry, U. S. 1Volunteers,
IN TnH FIELD, October 14, 190.
Washington, ). C.
SIR: I have the honor to acknowledge receipt of your communication of October
froi Fort Crook.
6, Iforwarded
was a commissioned officer in the Twenty-sixth Infantry, U. S. Volunteers, and
served with that regiment during its entire service in the Philippines. During that
period I never witnessed the administration of the so-called "water cure" or knew
of its employment by any officer or soldier in the United States service.
Capt. Cornelius M. Brownell 1 knew as a particularly energetic and efficient
officer. I ihet him frequently while he was in command at Banate and never heard
from him the slightest intimation of such conduct as is now alleged on his part.
Father Augustin ( e la Plena I remember as the Father Augustine who was genbelieved to be the clief collector of funds for the insurrecto cause in the large
erally
towns of Panay held by our own forces.
Whether this man was eventually apprehended or what has become of himl I do
not know.
JAMES I. GOODALE,
Very respectfully,
first ieutenant, Twenty-second Infantry.

The JUDtE-ADVOCATE-GENERAI,, U, S. ArMY,

The JUrmE-ADVocATxEO-GENERA,

OFPICE OF TIH QUARTERMASTER,

Fort Banks, Muss., October 11, 190e.

ARMY,
W4shingtmn, D. C.
letter of the 6th instant, I have the honor to reply as follows:
SIRn In reply to your
The Twenty-sixth Volunteer Infantry, after the general movement in Iloilo Province in November, 1899, was separated into detachments and sent to different parts
of the province. I never sawcompany D again until the regiment was mobilized
in March, 1901, for return to the United States.
At the time of the alleged punishment ot Padre Augustine de la Pena in December,
Iloilo Province, and some 30 or
1900, 1 was in the field in the northwestern part ofabout
the affair.
40 miles trom Banate, and know nothing whatever
I never had any connection directly or indirectly with the so-called "water cure."
Very respectfuly,
H. B. GsANr
first JL ent,
Arti/ery Cp. U. S. Army.
.

S.

oOURTS.MARTIAL It

THE PHILtPPI:nr

1856

itStAnD.

FORT TOITEN, WILLErS POINT, N. Y., October , 190.

The JUDGE-ADVOCATE-GENERAL,
War Department, Washington, D. C.
SIR: In reply to your letter of the 6th instant, I have the honor to state that I have
no knowledge as to the facts of the alleged infliction of the "water cure" upon Padre
Augustine de la Pefia.
As to the antecedents of Padre Augustine de la Pefla, and as to his attitude toward
the insurgents, I have no personal knowledge, except that I always understood that
he was an insurrecto of the worst sort-i. e., that he constantly sympathized with
and aided the insurrectos while enjoying American protection and friendship.

Very respectfully,

AFIRED HASBROUOK,

Second Lieutenant, Artillery

Gen. GRO. B.

DAVIS,

Corps.

(Confdeontial.]
FORT Ri,plY, KAN., October .13, 1902.

Juldge-Adviocate-General,U1. S. Army.
DEAR GENERAL: In reply to your letter of October 6, 1902, regarding Padre Augustine de la Pefa, I must say that I have no knowedge of the allegations cited therein.
In regard to the latter part of the letter, I had a brief acquaintance with Padre Augustine early in 1900, but this was of such a nature that I am afraid it would be of little

value in attempting to prove his attitude either for or against the insurrection or his
active participation therein.
Very sincerely and respectfully,
HENRY,
G(uy V.Fourth
First Lieutenant and ,S&uadron Adjutant,
Cavalry.
d
eu

The JurDGE-ADVOCATE-GENERAL U. S.

FoRT (:Rnr,,R, R. I., October 9, 1o9s.

ARMY,
Washington, D. C.
SIR: In reply to your communication of the 6th instant, I have the honor to inform
during my volunteer service in the Philippines with the Twenty-sixth Infanyou Ithat
had no personal knowledge of Father Augustine de la Pefia, his antecedents,.
try
nor of his attitude toward the insurgents and their sympathizers
Very respectfully, your obedient servant,
(G. 0. luBBARD,
First Lieutenant, Artillery Cors.
FORT

KANS.,
LEAVENWORTI,
October

20, 1902.
(.en. GEORGE B, DAvis,
.Judge-Advocate-General, US. Army, Washington, D. C.
Sin: I have the honor to state in answer to your recent communication anent the
"death and burial of Father Augustine de la Pefna" on the island of Panay, andu "other
or unauthorized forms of
inflicted on the natives" during my
outrages
service there as a volunteer in the punishment
of
Twenty-sixth
Regiment, that I was in
civil affairs for the Fourth district, Department of the Visayas-the island ofcharge
Panay.
My sympathy was with this form of government; I was intensely interested in my
work; I took it seriously at all times, and so developed a state of mind that may
have clouded my judgment through the development of a bias or prejudice against
military and against those responsible for such things. I am free to
many things
before my return home I was very bitter at many things
that were done or
admit,
were allowed to be done that neutralized my best efforts and often made my hard
work go for naught. So I am afraid my evidence would still have a tinge of this old
and I should therefore prefer to say nothin.
feeling,
I have no personal knowledge of the death of Father Augustine. I have heard
what you state from certain members of D Company, Twenty-sixth; I have seen the
affidavits pertaining to same; I knew the Fathers
relatives; I often talked with them.
His name was generally mentioned by his family and intimates and Father Viena,
the resident priest or fraill in Jaro, in a whisper, and in such a suggestive way that

1386

COURTS-MARTIAL IN THE FPHILIPPINE ISLANDS.

made one convinced they realized something terrible had happened. The Father
was always bitterly opposed to us; he was no hypocrite; he fought us
Augustine
tooth and nail. Hi proclamation, infamous as the one issued in Cuba before we
landed is obtainable, and I never understood he receded one iota from that declaration. The men of his family opposed us bitterly in the field and in the press. He
was a power in the island, and it was used absobltely against us. There was not a
scintilla of a doubt that he was cooperating freely with the insurgents, and prostituting his churchly office to screening them or aiding them; but his end was lamentable, and baneful will its influence be.
As to the "water cure" and other such things I would prefer to be silent. I was
a junor lieutenant, and can not offer criticisms on my superior officers. I never
only
saw it administered in person.
Gao. R. D. MAcGRfiOR,
Very respectfully,
Second Lieutenant, Eighteenth Infantry.
FORT HOWARD, MD., October 14, 190g.
Judtge-Ad.cate-General, Washington, D. C.
SIR: In answer to your communication of the 6th instant, referring to the matter
of" Father Augustine," I have the honor to state that personally I know nothing
about his case or about any unauthorized forms of punishment administered to
natives of the islands.
I (lid, of course, hear rumors about Father Augustine and about the "water cure,"
but aside from that I know nothing about either.
ALFRIc M. MASON,
Respectfully,
&Scond Lieutenant, Artillerl Corps,
Late Mirst i'ieuten.aTtTwenty-sixth Infantry, U. S Volunteers.

Gen. GEo. B1. DAVIS,

FORT D. A. RUISSLL, WYO., October 10, 1902.

The JUDOa-ADVOCATE-GBNERAL, U. S. ARMY, Washington, D. C.
SIR: In reference to your communication of the 6th instant, I have the honor to
inform you that I have no knowledge concerning the death of one Father Augustine
de la Pena, in the town of Banate, island of Panay, during the month of December,
1902.
Father Augustine was a resident of the town of Molo and was reputed to be a
leader of the insurgent party of the island. He was a man of influence among the
natives, and was believed to use his influence to oppose the United States forces,
while living within their lines and under the protection of the American Government.
Very respectfully,
HARRIS P!NDIirOON Jr.,
First Lieutenant, Aighteenth U. S. Infantry.
[First endorsement.]
CAMP WM. MCKINLEY, Newark, Ohio, October 9, 1902.
Respectfully returned to the Judge-Advocate-General.
I know nothing of the case in question, nor have I ever been a witness the
so-called ' water cure."
WILLIAM H. PLUMMBR,
Second Lieutenant, Third Infantry.
APPNDIx J.-Report of Maj. Gen. eorge W. Davis, U. S. Arny, commanding military
Divisin of the Philippines.
[Memorandum by the Judge-Advocate-General.]
This report has not yet been received from the Philippine Islands. It will be
tied immediately upon its receipt.
G o. B. DAvIr,
dvowa eerai.
fudge-A
NOVlMtBx 20, 1902.

E D
OUtTlTMARTIAtf 1 Tel Pcr LIPPISISLAN

1817

APPENDIX K.

DUMANGAS, December 8, 1899.

In view of the grave reasons and causes as stated by Martin Delgado, the politicomilitary governor residing in Cabatuan, general in chief of the army of Panay, and
bearing in mind the great responsibility before God of the alienation of the revenues
of the church which are entrusted to our care-for you are aware of the canons
the same-nevertheless, depending on the benignity of the church, and
relating to avoid
the unhappy contingencies that may arise for these pueblos, and
desiring tothat
are of the same opinion, I authorize each of you, at the request of
you
believing
the
governor of this province, to turn over to him as a loan the sum
politico-military
of 80 pesos, except the parishes of Zarraga, Leganes Mina, Banate, Anilao, Barotac
Viejo, and Mandurriao, which will, in the case of each, turn over 0 pesos. These
sums will be deductedd from the revenues of t.e churches that you administer, and
will be turned over to the said politico-military governor, Martin Delgado. You
will enter in an account book the amount so delivered, and you will be given, when
the opportunity offers, a receipt for the same.
Please circulate this with all precautions to prevent its loss, after copying the same.
May God guard you many years.
PADRE AUcUtSTRrI DE LA PENA.
Entered and copied.
Santa Barbara, November 10, 1899.
PADRE PRAXEDES MAOALONA.
Entered and copied.
Zarraga, November 11, 1899.
PADRE APURA.
Entered and copied. Sent to San Miguel.
Paria, November 12, 1899.
PADRE MANSUETO ZABALA.
Entered and copies. Although this small church finds itself without funds, I send

20 pesos of my own to General Delgado, as the petty income does not even cover
the most necessary expenses. Sent to Alimodian.
San Miguel, November 13, 1899.
PADRE TOMAs PALMI.
Entered and copied. Although this church finds itself without funds, sent25pesos
of my own to General Delgado, as the petty income does not even cover the most
necessary expenses.
Alimodian, November 14, 1899.
PADRE RAMON AMPARO.
Entered and copied in the book per orders. I will send to the honorable general
in chief, politico-military governor of Panay, the sum of 40 pesos, all that this church
at present possesses, promising to remit the balance of 80 pesos in small installments
as this church

finds itself in funds.

Maasin, November 14, 1898.

PADRE MARCELO ESPINOSA.

tHEADQUARTERS FIFIr SEPARATE BRIGADE,

loilo, P. I., May 28, 1902.
A true copy of a true copy recorded in volume 24, page 4,000, of the insurgent
records on file in this office. The original has been forwarded to headquarters
Division of the Philippines, under General Orders, No. 326, series 1901, headquarters
Division of the Philippines.
ROsmRT H. NOBLE,

Captain, Third U. S. Infantry, Adjutant-General.

08sERVATION8 OF THS OFFICIAL INTURPRItR.

Father Augustine de la Pena, ecclesiastical governor of the diocese of
notwithstandingthat he was living in the pueblo of Moro, where he was theJaro,
priest
parish
under the protection of the American Government, had the hardihood to direct other
parish priests of the province of Iloilo that they should furnish money out of the
funds of the churches under their charge for the support of the insurrecto governthe greater number of these prish priest bingat the same time protected
ment,
and under the support of the American Government-it had established detachments
for the security of these pueblos.

COUlT8MARTIAL IN THE PVHtLtPXsE ISLANDS.

188
Although Father Augustine de la Pena stated that he was loyal and faithful to the
American Government, his circular to the parish priests of the pueblos above referred
to has shown to the contrary, i. e,, that he was not loyal nor faithful to the American
Government.
The foregoing note is correct and is approved.
Iloilo, P.I., May 27, 1902.
ROBERT H. NOBLE,
Captain, Third U..Infantry, Adjutant kGeneral.
APPENDIX L.

The COMMANDINo GENERAL DIVISION

WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
Washington, October 4, 1902.

PHIILIPPINES,
Manila, P.1.
herewith copy of communication addressed to the President by a
SiR: I inclose
of which the Hon. Charles Francis Adams is the chairman. In the letter,
committee,
dated August 22, 1902, a specific charge of wrongdoing is made against certain officers
of volunteers who were stationed at Banate, island of Panay, during the month of
December, 19O(O. The returns show that Company D, of the Twenty-sixth Regiment
of Volunteer Infantry, constituted the garrison at Banate at the (late in question, and
that Capt. Cornelius M. Brownell, Twenty-sixth Volunlteer Infantry, was its corand that First ieut.
ill Sullivan and Second Lieut. Sanford E. Worthmander, were
on duty with the company from March 1, 1900, to February 26, 1901. I
ington
also inclose the affidavits of certain members of Company I), Twenty-sixth Volunteer
OF THE

W am

Infantry, which have been submitted to the Department in reply to a request to

that effect.
The Secretary of War directs that the matter be made the subject of immediate
and thorough investigation. The officers composing the garrison are no longer in
the military service, and that branch of the inquiry will be conducted in the United
States. The post surgeon at Banate at the date of the acts above alleged, Capt. Oscar
W. Woods, assistant surgeon of volunteers, is now in the military service. In Decemhe was a contract surgeon, and is possibly familiar with the acts which are
ber, 1900,
said to have occurred there in connection with the treatment of Father Augustine de
la Pena. lie also directs that, so far as possible, the inquiry shall be confidentially
conducted and
Adjutant-General be advised from time to time of its progress. Should it appear that any persons now in the military service have been connected with the unlawful acts which have been made the subject of the inclosed allegations, he directs that they be brought to trial with the least practical delay.
Very respectfully,
WILLIAM ENNIS,

that.the

Lieutenant-Colonel, Artillery Corps, Assistant Adjutant-General.

OFFICE

OF THE

WAR DEPARTMENT,
JUDOr-ADVOCATE-GENERAL,1902.

Washington, October 7,
recent
to
letter
and to the instructions
DEAR
GENERAL
Referring my
MY
from the Adjutant-General in regard to an inquiry into the case of Father Augustine
de la Pena, I find that the following-named officers, formerly of the Twenty-sixth Regit of Volunteer Infantry, now belong to the regular establishment and are on duty
mene
D. Rice, Twenty-seventh Infantry;
in the Philippine Islands, viz: Chaplain
Lieut. . . Comstock, Twenty-seventh Infantry; Lieut*. ilden Olin, Thirtieth
and Lieut. D. J.
Infantry,
It is suggested that they Moynihan,
within the scope of the investigation already
be brought Philippine
as they, or some of them, may be able to throw some light upon the subjectordered,
matter of the inquiry, and I remain,
Gro. B. DAVI, Judge-Advocate.
'aithfully, yours,
Maj. Gen. GRORpGE W. DAvIs,
Commandin Military District of te Philippines, Manila, P. I.

DAVIS:

Geo(rg

Scouts.

189

COUrTS-MARTIAL -IN THlE. PHILIPPINE ISLANDS.

MANILA, P.I., December 2, 1902.

AoWAR, Washington:
Investigation death priest Pena included all witnesses named letter Jagwar. Only
Contract Surgeon Woods had knowledge, He examined priest before water cure by
order of Captain Brownell, Twenty-sixth Volunteers. Found rapid weak pulse, corpulent bcdy. By order Brownell soldiers administered water 10 a. m. Unable
remember names persons present. No appearance injury nor several hours later,
but 8 p. m. Woods found priest dead and reported case fatty heart. Now thinks
confinement anxiety hastened death. Buried night. Grave unknown. Asserts he
court would convict Woods. No others
only obeyed orders. I do not believe
present division have knowledge. Edmund L. Butts then stationed Banate. Papers
have been sent by mail.

DAvis.

HEADQUARTERS DIVISION OF TlE PHILIPPINES,

Manila, P. I., November 19, 1902.

Maj. RAMSAY D. PoTrs, Manila, P. I.

lnsvector-General,
SIR: The major-general commanding directs that you make an immediate investigation as to whether the water cure was administered to Father Augustine de la Pena,
a parish priest of Dumangas, a town in the island of Panay, about midway between
Iloilo and Banate. It is supposed to have been given him at Banate. It is stated
that the result was the death of Father Pena, and he was buried on the parade ground
at Banate in December, 1900.
Chaplain George ). Rice,
Twenty-seventh Infantry, and Lieut. H. E. Comstock,
are supposed to be cognizant of the facts. Forward report
Twenty-seventh
Infantry,
without delay direct to these headquarters, making investigation, as far as possible,
confidential.
H. 0. S. HEISTAND, Adjutant-General.
Very respectfully,
HEADQUARTERS DIVISION OF

THE

PHILIPPINES,

Manila, P. I, November 19, 1902.

COMMANDING GENERAL DEPARTMENT OF MINDANAO, P. I.
SIR: The commanding general directs that you transmit without delay the inclosed
letter of instructions to Maj. Ramsay D. Potts, the matter being regarded as confidential.
H. 0. S. HEISTAND, Adjutant-General.
Very respectfully,
HEADQUARTERS DIVISION OF THE PHILIPPINES,

Manila, P. I., November 19, 1902.

VISAYAS,
lloilo, Panay, P. I.
SIR: The major-general commanding directs'that you cause the inspector-general
of your department, Colonel Smith, to make immediate
investigation as to whether
the water cure was administered to Father Augustine de la Pena, a parish priest of
a town in the island of Panay, about midway between Iloilo and Banate.
Dumangas,
It is supposed to have been given to him at Banate,
under the direction of Captain
Brownell, Twenty-sixth Volunteer Infantry. It is stated that the result was the death
of Father Pena, and he was buried on the parade ground at Banate, in December,
1900. The inquiries should be made at Banate to verify the fact of death and burial
at that place. Capt. Oscar W. Woods, assistant surgeon
of volunteers, and Lieut.
D. J. Moynihan, Philippine Scouts, now serving in your department, were at Banate
at the time of the occurrences. An immediate report of all these facts, and any other
facts obtainable, is desired direct to these headquarters.
The investigation will be made, as far as possible, confidential.
Very respectfully,
H.O. S. HEISrAN), Adjudant-General.
COMMANDING GENERAL DEPARTMENT OF THE

140

COU T8-MARTIAL IN
TIXf

PHIIPPMIt B ISLANDS.

-HeBADQUATER DIVISION

OF THB

PHILIPPINES,

Manila, P 1., October s0, 1902.

Ma. R. D. Porrt.
(Through commanding general, Department of Mindanao, Zamboanga, Mindanao.)
Orders for you to make immediate investigation regarding interview of Chaplain
Rice and Lieutenant Comstock, Twenty-seventh Infantry, sent you via steamship
Formosa yesterday.
HBIrTAND, Adjutant-General.
HEADQUARTERS DIVISION OF THl PHILIPPIN S,
Manila, P. I., November 20, 1902.

COMMANDING OFFICER, Calbayog, Samar.

SIR: The division commander directs that you call upon First Lieut. D. J. Moynihan,
Scouts, for statement of all facts relating to the
Company, Philippine
Thirty-sixth
of the water cure to one Father Augustine de la Pena, a
supposed administration
parish priest of Dumangas, a town in the island of Panay, about midway between
Iloiload Banate, in 1900.
It is stated the result caused the death of Father Pena and that he was buried on
the parade ground at Banate.
Forward report without delay direct to these headquarters, the matter to be
regarded as confidential by you.
Very respectfully,
G. T. LANOnORNE,

Captain and Aid-de-Camp, Acting Assistant Adjutant-General.

(First endorsement.]

CALBAYOG, SAMAR, November 56, 1902.

of
letter
Lieutenant Moynihan, explaining his..
returned
inclosing
Respectfully
supposed connection with certain alleged "water cure."F. Dr L. CARRINGrON,
Major, lirst Infantry,

Commanding.

CUARTEL MsEIIc, Manila, November 6i, 1902.

The ADJUTANT-GENERAL, DIVISION OF THE PHILIPIINES,
Manila, P. I.
SIR: In reference to the alleged death of Padre de la Pena, of Iloilo, province of
Panay, P. I., I have the honor to state that I have no personal knowledge of the
death of this padre.
During my service in the Twenty-sixth U. S. Volunteer Infantry, I was stationed
in Iloilo, Panay, as adjutant of the provost guard, under the command of General
March 6, 1901. While stationed there it was my
Hughes, from December, 1900 tobarber
on Calle Rosario. Upon several occasions
custom to patronize a
the early part of the year 1901 this barber inquired as to what had become of
during
Padre de la Pena, and if he was not in confinement in the prison at Iloilo; to which
I replied that to the best of my knowledge he was not in confinement, nor had I any
as to his identity or whereabouts.
knowledge
On my way to the United States some one on board ship remarked that he had
heard that Padre de la Pena was dead. As to the circumstances connected with this
remark, I do not remember.
HILDEBN OLIN,
Very respectfully,
irst lutenant, Battalion Adjutant, Thirtieth Infantry.

Spanish

OF THl PHILIPPINES,
HEAIDQUARTERS DIVIsION
OFFICE OF TIH INSPE'rOR-G*NERAL,

Malabang, Mindanao, P. I., December 1, 190R.

The ArDJTANT-GENfRAL,O,DIViIONw OF TISLPIRmPPINS,
Manla, P. I.
SIR: I have the honor to submit a report of an investigation made in compliance
with the following letter:

COOU1TSMABTIAL IN T:HE PHILIPPIN ISLAND.S

HDADQUARTERS DIVISIOlS

OF THE

141

PHILIPPINES,1902.

Manila, P. I, November 19,

Maj. RAMsAY D. PoTrs, Invpedor-Geeral, Manila, P. 1.

SIR: The major-general commanding directs that you make an immediate investigation as to whether the water cure was administered to Father Agustfn de la Pena,
a parish priest of Dumangas, a town in the island of Panay, about midway between
Illoilo and Banate. It is supposed to have been given him at Banate, It is stated
that the result was the death of Father Pena, alad he was buried on the parade
ground at Banate, in December, 1900.
Infantry, and Lieut. H. E. Comstock,
Chaplain George D. Rice,areTwenty-seventh
to be cognizant of the facts. Forward report
Infantry,
Twenty-seventh
supposed
without delay direct to these headquarters, making investigation, as far as possible,
confidential.
H. O. S. HrIrTANnD, Adjutant-General.
Very respectfully,
Chaplain George D. Rice, Twenty-seventh Infantry, was first interrogated. The
allegation having been fully explained to him, he stated, in answer to questions, that
he was stationed at Tigbuaun, Panay, in the month of l)ecember, 1900, as an officer
of the Twenty-sixth Infantry, U. S. Volunteers, and that he had never heard of the
case in question, or one similar to it; that he did not know Father Augustine, or
that he was parish priest of Dumangas, Pana, and to the best of his recollection had
never seen him; that he did not know who was the parish priest of Dumangas at or
about the time alleged; he denied absolutely having any knowledge, directly or
of the application of the "water cure" to Father Augustlne at Banate,
indirectly,
or elsewhere, at the time alleged, or to any other priest; that he did not
Panay,
know that Father Augustine, or any other priest, had died from that or other cause
at Banate, Panay, or vicinity, at or about time alleged, and that he had never heard
of Father Augustine or any other priest being buried on the parade ground at Banate.
Chaplain Rice later submitted a brief certificate embodying the statements made by
him, which is hereto appended, marked "A." He was informed that the case
under investigation, and his evidence in regard to it, were to be regarded as strictly
confidential.
First Lieut. . E Comstock, Twenty-seventh Infantry, was then interrogated.
The nature of the allegation having been fully explained to him, he stated as foinit,
in answer to questions: That he was stationed at Iumangas, Panay, during the months
of July, August, and September, 1900, having been sent there in command of a detach.
ment after the town was captured and burned; that the town was in ruins; that there
was no priest or natives there when he arrived or during-his
o' it; that
Father Augustine was known as a large land owner as well asoccupation
of Dumangas;
padre
that he was in league with the insurrection and was with the mnurgent forces, but
that he never saw him. Lieutenant Comstock absolutely denied having any knowledge,
directly or indirectly, of the application of the "water cure" to Father Atlgustine or any other priest at Banate, Panay, or elsewhere at or about time alleged;
that
he knows nothing of the death of Father Augustine or other priest from that or other
causes, or the burial of Father Augustine or other priest on the parade grounds at
Banate; that he was never at Banate, and knows nothing, and had never heard anything
regarding the case under investigation. Lieutenant Comstock later submitted
a summary of his evidence in the form of a certificate, which is hereto appended,
marked "B," lie was informed that the matter under investigation and his evidence
in regard to it was to be regarded as strictly confidential.
ILOILO, PANAY, P. I., December 10, 190o.
Having been directed in telegraphic instructions to confer with the department
commander on arrival at Iloilo, Brig. Gen. F. D. Baldwin, U. S. Army, was informed
of this fact and requested to furnish any evidence he had touching the matter under
or to suggest any sources from which information could be obtained.
investigation,
He stated that he personally knew nothing in regard ,o it, never having heard of it
until about two weeks previous when an official communication was received from
division headquarters on the subject. He states that the bishop of the province had
been interviewed on the subject a short time before, and notes taken of hns statements.
A copy was obtained from the adjutant-general and is hereto appended, marked "C."
It is of no interest further than showing that the ecclesiastical governor and acting
bishop at the time has no knowledge of the transaction. The name
of Contract Surg.
0. W. Wood, U. S. Army, having been furnished the inspector-general of the department as one likely to know something, and he being at the present time on duty at
Iloilo, he was sent for and interviewed. He had already been questioned by Lieut.

142

OOUtS:MABTIAL IN THE PHILIPTNE ISLANDS.

Col. F. A. Smith, inspector-general of the department, and had prepared a written

statement of the facts within his knowledge. This statement, considerably amplified
after his examination, is hereto appended, marked "D," in the form of a certificate.
Dr. Wood states further that he was present at the administration of water to
Father de la Pefta, in compliance with verbal instructions of his commanding officer,
Capt. C. M. Brownell, Twenty-sixth Infantry, U. S. Volunteers, in his capacity as
medical officer, to ee that Father de la Pefia was not seriously injured or killed
by it; that he believed the order was a legal one, and that he had no further connection with the transaction. Ie also stated that the soldiers who administered the
water were not acting under his orders, that he had no authority to interfere or prevent it, however much he may have disapproved of the proceedings, and that he
complied literally with his' orders, and stopped it before the life or health of the
father was apparently endangered. I believe Dr. Wood acted in good faith and has
fairly stated his connection with the transaction. Inasmuch as the inspector-general
of the department is at present making an exhaustive investigation of this matter,
in regard to the disposition of the funds alleged to have been given up by
especially
Father de la Pena, and being under hurry orders to return to Manila, I left it in his
hands.
R. 1). POnT,

Very respectfully,

Major of Artillery, Inapector-Gewrntd.

A.

MALABANG, MINDANAO, I. I., Decnmber 1, ..1902.

D.
George
Twenty-seventh
Infantry, certify that I know nothRice,
chaplain,
I,
the alleged application of the "water cure" to Father Augustine de
ing
concerning
la "Pena, parish priest at Dumangas, Isle de Panay P. I.,, supposed to have been
administered at Banate, Isle de Panay, P. I., during the month of December, 1900,
resulting in the death of said father.
presumably
I was in my proper station (Tigbuaun, Isle de Panay, P. I.) during the month of
December 1900, and never hear of this case, I do not recollect any of the circuim-

stances. The name seems familiar, but I never knew that this father died.
Very respectfully,
GEonRoB 1D. RICE,
Chaplain, Twenty-seventh .Ibfantry,
Late First Lieutenant, TIenty-sixth Inlfantry, U. S. Volunteers.
B.

_ MALABANG, MINDANAO, Decetmber I; 1902.

This is to certify that in the case of Father Augustine de la Pena, of Dumangas,
that I was at Dumangas during the months of
Philippine Islands,
Panay Island, and
of 1900. I only know the following:
July,
August,
September
Padre Augustine was known as a large landowner as well as padre of Dumangas.
He was in league with the insurrection, and was with the insurgent forces. I never
saw him.
After the engagement at Dumanas I was sent to that place in command of a small
detachment. The town was in ruins and no inhabitants there. From July to Sepnever at Banate, and
tember, during my stay, Ino natives entered the town. I was
know nothing, nor have ever heard anything, regarding this matter.

First Lieutenant,

H. E.

COMsrTCK,

Twenty-seventh Infantry.

C.

ILOILO, P. I., September 7, 1900.

I interviewed Padre Pamplona, but could get no news as to the cause of Padre
Pena's death, and have been unable to get anything except hearsay.
This (statement following) is all the information the archbishop can give; says he
knows absolutely no facts
F. L. Doesm,
Major, Judge.*Advote.

I THE PHILIPPINE ISLANDS.

OOUETS-MARTIAL M

148

STATEMENT.
I shall speak as plainly as I can because I am interested,' because when I came I
knew Padre Pena was hostile to me. Father Chapelle sent me here to take away
all power from Pena because latter had much to do with the revolution; hence his

dislike.
When I assumed office here, I as ecclesiastical governor and acting bishop,
ordered himl to present himself and report on his action. H:e appeared about the
middle of September, 1900. I have not seen him since.
A true copy.
GOK. I. SnELTON,
Captain, Eleventh Infantry,cActinAdjutant-Generual.
I).
This is to certify that while on duty at Banate, stationed as acting assistant surgeon, U. S. Army, during the first half of November, 1900, one Augustine de le Pena,
a native, was a prisoner there in solitary confinement under military authority proxiImately one week.
HIe was suspected of using his influence and the Catholic churches in the Visayas
in causing and sustaining insurrection against the United States Government; in fact,
supposed toofbe the head of the insurrection in Viaayas in disguise.
lBecause having knowledge of Spanish, the commanding officer, Capt. C. M.
Brownell, of the Twenty-sixthinfantry, U. S. Volunteers, requested me to take him
to the hospital to' examine him, give him necessary medical treatment, and interrCo
gate him on the lines of the above-mentioned
suspicions. His request was complied
with. On physical examination I found him very corpulent, about 45 years of age,
large abdomen and small legs, giving evidence of having lived a very sedentary lfe,
with a weak and rapid pulse.
The treatment given him was a glass of malted milk. On interrogation he denied
having
any relations with the insurrection, and claimed to be a friend to the American
Government.
His condition and denials of relation to the insurrection in any way were reported
to him.
The prisoner was returned to his place of confinement under guard.
About 10 a. m. of the same day he was given water by soldiers of the U. S. Army,
I was ordered verbally by the commanding officer, Capt. C. M. Brownell, to be
of the water and to see that the prisoner was not
present at the administration
or killed by the administration of water, and when the administrainjured
seriously
tion of the water had reached a point of danger to stop it.
I was present at the administration of water sufficiently frequent to see that it
was not pushed to the point dangerous to life and health.
It was found that it was necessary to give him a great amount, as he became
excited and confessed to a knowledge of the whereabouts of insurrecto funds, and
gave orders and checks for $20,000, more or less, Mexican currency, on the Hongkong and Shanghai Banking Corporation, Banco Espanol, and Hoskyn & Co., all of
Iloilo, when he was returned to his place of confinement, which was the same as
was used for placing soldiers in military confinement.
I saw him the same afternoon when he
to be suffering no ill effects from
having taken water cure in the morning. appeared
I was ordered to see him by the commanding officer about 8 p. n. of the same
When I arrived in a few minutes after receiving the order I found him dead.
day.
The commanding officer was furnished a certificate of death to the effect that the
cause of death was due to fatty infiltration of the heart.
It is believed that confinement and the anxiety over his situation had much to do
with hastening his death.
The officers present at the post were
C. M. Brownell, Twenty-sixth Infantry,
IT. S. Volunteers, commanding post; Capt.
Captain Butts, Eighteenth Infantry, U. S.

Army; econd Lieutenant Slllivan, Twenty-sixth Infantry; Second Lieutenant

Worthington,
Twenty-sixth Infantry, U. S. olunteers, saidadjutant. de la Pena
The checks and orders were written and signed by thepost
Augustine
in the presence of Capt. C. M. Brownell, Captain Butts, and myself.
I believe they
were payable to the judge-advocate, epartent of the Visayas, Iloilo, P. I.
O. W.WooDs,
contractt Surgeon, U. S. Army.
ILOILO
P. December 10, 1902.

PANA.Y,

I.,

144

OOUBTS-MARTIAL IN THE PHILIPPINE ISLAND8.

General BALDWIN,

Jloilo:

PHIXIPPINES,1902.
HEAHDQARTERS DIVISION OFP.THE December
4,
Manila,

I.,

Major-general commanding directs that Lieutentnt-Colonel Smith, inspectorgeneral, interview the Bishop of Jaro, at Iloilo, as to the circumstances attending the
death of Father Pena and make report of same to these headquarters.
H. 0.
O.IS.
HIIAND, Adjutant-General.
HEADQUARTERS DIVISION OF THIE PHILIPPINS,
Manila, P. L, December 11, 1902.
General BALDWIN, lloilo:
Major I)odds tells me of his inquiry of Archbishop of Jaro respecting Padre Pena,
but I want an inquiry made at the place of his death, giving all the facts, circumstances, names of witnesses, etc. If Colonel Smith has returned, would like to have
him make it. If ihe is not available, then some other clear-headed officer. Impor.

tant to hurry, as statute of linjitations will soon protect the offenders. Telegraph
summary of report in cipher. Full report by mail.
DAVIS, Commanding.

HEADXQUARTEiS DEPARTMENT OF T[IE VISAYAS,

OFFICE OF INSPECTOR-G(ENERAL,
Iloilo, IPanay, P. ., December 11, 1902.
The AD.JUTANT-GKNERAL, DEPARTMENT OF THE VISAYAS,
loilo, Panay, P.I.
SIR: In compliance with your instructions of November 21, I have the honor to
submit the following report in regard to the administration of the water cure to
Father Augustine de la Penn, a parish priest of Dumnangas, at Banate, Panay, P. I.
and his subsequent death and burial, which report has been delayed by my repeated
absences, other duties, and the difficulty of securing an interview with any witnesses
and procuring information.
I have been able to secure the certificate of 0. W. Wood, contract surgeon, U. S.

which is appundled hereto and from which it will appear that he has more
Army,
of the circumstances then any other information obtainable at this late
knowledge
date.
In the latter part of 1900 Father Augustine de la Pena was an ecclesiastical governor of the diocese of Jaro, P.
near
and giving at Molo,
1. 1. He

Panay,
Iloilo,
I.,
an abetting the active insurrection and was arrested in
aiding
November, 1900, at Molo,() P. 1., about 3 miles from Iloilo, at the convent there, by
whom or by whose orders I was not able to ascertain.
The Department of Visayas was at that time commanded by Brig. Gen. R. P.
U. S. Army, with headquarters at Iloilo, Panay, P. 1.
Hughes,
He was first taken to Fort San Pedro, Iloilo, P. I., held in confinement there
about a week or ten days, when he was taken to Banate, Panay, P'. I., about 30
miles distant from Iloilo, Panay, P. I., and kept in solitary confinement at that
the time of his death. From conversations with various persons in
place until
to this matter it is inferred that his arrest was made for the purose of obtainregard
in formtio inn regard to the insurrectionary forces and alo or the purpose of
using his services as a guide, it being well established that he was a strong sympathizer and active worker with the insurrectos. He had a nephew, Joaqlimn de la
Pena, who had a very bad reputation in regard to the treatment of American and
native prisoners, inflicting upon them horrible tortures, and who did not surrender
at the time of the general surrender, being afraid of punishment for violation of the'
laws of war which he had committed. e is still at large and is supposed to b connected with the present ladrone element of thi island.
After Father Augustine de la Pena had been taken to Banate, P. I., Contract
0. W. Wood was ordered by the then commanding officer, C. M. Brownell,
Surge.
him
an examination ofim,
Twenty-sixth Infantry, U . Volunteers, to make
give
necessary medical treatment, and because of Dr. Wood being conversant with the
Spanih language, to interrote hi in regard to his relations with the insurrection.
The interview not having excited the desired information, this fact was reported by
Dr. Wood tthe commanding officer, Captain Brownell, who, about 10 a m., December 8, 1900, direct tt the water-cure treatment be adintered to the prisoner.
was suspected of

COURTS-MARTIAL IN TIHE PHILIPPINE ISLANDS.

145

Dr. Wood was verbally ordered by Captain Brownell to be present to see that the
prisoner was not seriously injured or killed by the administration of the water cure,
and was present at intervals during the time it was administered, which, it is stated,
was not a great amount, as the prisoner became excited and confessed to the whereabouts of an amount of funds collected for insurrecto purposes to the amount of about
Mexican currency, for which he gave orders and checks on the banks and a
$20,000,
commercial firm of Iloilo, P. I., which orders were signed in the presence of Captain
Brownell, Captain Butts, and Dr. Wood, and made payable to the order of the judgead(voate of the Visayas, Iloilo, P. I., who at that time was Capt E. F. Glenn,
Twenty-fifth
Infantry (now major, Fifth Infantry).
The surgeon saw him in the afternoon of the same day, at which time he did not
to be suffering any ill effects of his treatment in the morning.
appear
The commanding officer
sent for thle surgeon about 8 p. m. of that day to see the
prisoner, and when he arrived, a few minutes afterwards, the prisoner was dead.
The death of the prisoner was reported by letter, under date of December 12, 1900,
to the assistant adjutant-general, Department of the Visayas, Iloilo, Panay, P. I.,
which was returned, by an indorsement dated December 21, 1900, for the date of
the death and a report of the official examination by the surgeon to be returned with
the report. A complete official copy of these papers is inclosed herewith.
The officers present at the post at the time of the occurrence were: Capt. C. M.
Brownell, Twenty-sixth Infantry, U. S. Volunteers, commanding post; Capt. Edmund
L. Butts, Eighteenth U. . Infantry; First Lieut. William Sullivan, Twenty-sixth
Second Lieut. Sandord E, Worthington, Twenty-sixth
Infantry, U.U. S.S. Volunteers; Contract
W. oods, U. S. Army.
Surg. 0. W
Volunteers;
Infantry,
The insurgent records on file at the headquarters, Department of the Visayas,
show that Father Augustine (hd la Pena, then ecclesiastical governor of the diocese
of Jaro, issued an order to all the Fathers in charge of the parishes of the province of
Iloilo to contribute money from the churches to the military government of Martin
Delgardo, then general in chief of the insurgent army of the island of Panay. This
order was dated Dumangas, Panay, November 8, 1899.
The large towns were to contribute $80, and the small ones, such as Zarrage,
Lefanes, Mina, Banate, Anilao, Barotac, Viejo, and Mandurriao, at the rate of $50.
It is not so stated, but is believed that was a monthly contribution. All the Fathers
in charge of the parishes in the provinces of Panay acknowledged the receipt of the
order and obedience to carry out the instructions contained therein. The following
are the names of those who signed the order: Padre Praxedes Magolona, Santa Barbara; Padre Apura, Z7arraga; Padre Mansuelo, Zabala, Pavia; Padre Tomas Palmes,
San Miguel; Padre Ramon Amparo, Alimodian; Padre Marcelo Espinosa, Maasin.
Father Augustine de la Pena was at this time living at Molo, near Iloilo, under
the protection of the American flag, as were many of the other Fathers.
The amount of money in checks and orders for which Father de la Pena signed

after the water cure had been administered to him was as follows:

Mexican currency.

with Hongkong and Shanghai Bank, Iloilo . ................, $18, 945. 31

I)eposited with
875.00
Deposited with
Hoskyn & Co., Iloilo .... .. ..............
1, 950.00
Deposited
Spanish-Filipino Bank................................
Total
21,770.31
It is stated in the accompanying certificate of Contract Surgeon Woods that he
believes that the orders and checks were made out to the order of Capt. E. F. Glenn
of the department. The only record I could
Twenty-fifth
Infantry,is judge-advocate
find of its disposition
from the accompanying
extracts from an entry in the letterreceived book in the judge-advocate's office of that date, from which
it is inferred
that itwas turned over to the collector of customs at Iloilo, P. I., as insurrecto funds.
From a report of an examination of the books of Hoskyn & Co., about that time,
with reference to the account of Augustine de la Pena, I found the
particularly
following remark:
"Balance of account with Hoskyn & Co., Iloilo, paid check No. 91092 by order of
judge-advocate,
$1,875 Mexican currency."
The above is all the information I have been able to obtain in regard to this matter, and under difficult conditions, as parties interviewed have much hesitation in
themselves as having any knowledge of same.
expressing
The place of burial of the
remains is a matter about which I could obtain but little
and I believe it is not known even to the officer who ordered same.
information,
From all I could glean in regard to it I am of the
that he was buried the
same night of his death in a field near the poet; thatopinion
the grave was not marked. It
8 D--57-2-Vol 1--47
...........................

...........................

146

OOIUTTS-MARTIAL It THE PHILIPPINE ISLANDS.

was a rainy night, and a detail was simply ordered to take the body out and bury
it under cover of darkness, and the soldiers or natives other than the detail had no
of the exact place.
knowledge
and overgrown long before this, and for this reason
The spot has been obliterated
I did not deem it necessary to proceed to Banate. The bishop of Iloilo states that
and has on the account books of
he has no
where his remains are
buried,

knowledge

the church a sum of money set-apart for the mass ceremonials of Father de la Pena,
which has never been expended, and which the church appropriates for its higher
officials.
Respectfully submitted.
FRED. A. SMITH,
Lieutenant Colonel, U. S. Infantry, Inpector-General,
Inspeor-General Department of the Visayas.
BENATE, PANAY, P. I., December 1S, 1900.
ASSISTANT ADJUTANT-GENERAL DEPARTMENT OF THE VISAYAS,

Iloilo, Panay.
SIR: I have the honor to report the following death among the native prisoners
confined at this post:
Augustine de a Pena.

"Fatty degeneration of the heart."

Very respectfully,
C. M. BROWNELL,
Captain, Twenty-sixth Infantry, U. S. Volunteers, Commanding.

Diagnosis of the post surgeon:

[First indorsement.]
HEADQUARTERS DEPARTMENT OF THE VISAYAS,
ADJUTANT-GENERIAL'S OFFICE,
P.
December l1, .100,
Iloilo,P,
Respectfully returned to Capt. C. M. Brownell, Twenty-sixth Infantry, U. S. Volunteers, Banate, Panay P. I.
The date of this death should be stated, and the report of the official examination
by the surgeon, duly signed, enclosed.
By command of BrigadieeneGeeral Hughes:
ROBERT H. NOBLE,
Assistant Adjutant-General.
[Second endorsement.]
BANATE, PANAY, P. I., December S8, 1900.
Respectfully returned to the assistant adjutant-general, Department of the Visayas.
he (late of this death was December 8, 1900. Surgeon's certificate of official examination inclosed herewith.
C. M. BROWNELL,
Captain, Twenty-*sith Infantry, U. S. Volunteers, Commanding.
BANATE, PANAY, december 8, 1900.
The ADJUTANT, Banate, Panay, P. I.
SIR: I have the honor to report that Augustine de la Pena, a prisoner at this post,
died December 8, 1900.
Having examined the ftoresaid prisoner, before and after death, I believe the
cause of his death to be fatty heart-cor adiposum. ,
0.W
W Woons,
Very respectfully,
iActing Assistant Surgeon, U S. Army,
Assiant rgeon, Twenty-sixth Infantry, U. Votuneer.
A true copy:.,
Gro. H. SHELTON,

Calgain, Eleventh Infantry, Assistant Adjutant-General

(Here follows the certificateof Contract Surg. 0. W. Woods, U. S. Army, which

is copied into this report above. )
[Beceived December 26, 1901.]
Wotherstoon, captain, Twelfth Infantry, collector o customs, requests to be
furnished with statement as to source of receipt of oney turned over to him, viz:
0.
with Spanish Pilipino Bank ..$9.. ..... .....0............. :
Deposited
.
:...o.............1...
Deposited with Hakyn
1,875.00
.-.........
&oCo
Deposited with Hongkong and Sahanghai Bank.... .:......: ,..... 18, 94.81

COU 8-sMABTIAL IN THE

PRILPPIBPluE ISLANDS.

147

[First Indorement.]
Returned, giving st us of money seized by Captain Glenn from Augustine de la
Pena, on deposit inhis name, but funds of inurrection.

(Extract from an entry in the letter-received book in the office of the judge
advocate, Department of Vieayas.)
[First endorsement.]

HEADQUARTERS DEPARTMENT OF THB VISAYAS,

Itoilo, P. I., December 12, 1908.
Respectfully forwarded to the adjutant-general, Division of the Philippines,

Manila, P. I.

BALDWIN,
Brigadier-General, U. S. Army, Commanding.
FRANK D.

S
December 11, 1902.
CALBAYOG, SAMAR,
The COMMANDING OFFICinB, Calbayog.
SIR: Referring to the inclosed letter from headqur ,;trs Division of the
in regard to the supposed administration of the watti cure to one FatherPhilippines,
Augustine
de la Pena, headed me this date, and your instructions personally given regarding
the same, I have the honor to report that I have no knowledge whatever of the facts
referred to therein; that I have never been in or seen either of the towns of Banate
or Dumangas, island of Panay, nor have I ever seen or met the person referred to.
Very respectfully,
SANIAL J. MOYNIHAN,

First Lieutenant, Philippine Scous.

ILOILO, December 12, 190t.

General DAVIS, Manila:
Reference telegram 10th, regarding Padre Pena, Major Potts carried with him
of certificate embracing substance of report, and should arrive Manila to-day. copy
No
reliable information can be obtained from natives, or additional facts by Colonel
Smith going to Banate. He.has secured information that burial was at
and
the exact place known only to burial party. Report goes by first mail. night,
BALDWIN.
MANILA, P. I., December 18, 1902.

The ADJUTANT-GENIEAL, DIVISION OF THE PHILIPPINES,

Manila, P. I.

SIR: In obedience to instructions of the division commander, I have the honor to

report the result of an interview with the bishop of Jaro pursuant to a telegram
from the adjutant-general, Division of the Philippines, dated the 4th or 5th instant,
and relating to the death of Padre Pena.
The bishop informed, me that he was sent down early in September, I think, 1900,
to talk over the affairs of Padre Pena, who was accused of mismanaging church
funds.
When he (the bishop) arrived, he sent for Padre Pena. After that Padre Pena
came two or three times, the last time during the latter part, 20th to 2th, of the
same month; then he disappeared. The
declares that he ha no knowledge
of a positive or personal kind as to when bishop
or how.
where,
The bishop was anxious to go into this matter :of responsibility for tbe church
funds, but as this was extraneous to the instructions received, I did not encourage it.
Very respectlly,
f
L DoDm,
.
AJuge
Miqjo and tde.Ad

A'"AtQ-y.

148

COUBRT-MARTIAL IN THE PHILIPPINE ISLANDS.

HIADqUArTEsR DIVISION OF THI PSHLIPPINB,
Manila, P. L, Decemer 18,190S.
BALDWIN, I0o::
Major-general commanding directs you ascertain from Contract Surgeon Woods
names all persons actually present administration water cure to Father Pena.
HEISTAND, Adjutant-General.
ADJVTANTr-GBNERAL DIVISION, Manila'

ILOILOx, PANAY, December 19,1902.

Your telegram date Contract Surgeon Woods states that after two years he is unable
to recall names of men present at administration of water cure. Consisted of detail
of three or four men from Company D, Twenty-sixth Infantry, U S. Volunteers took
place in a kitchen, where a soldier of Company D, Twenty-sxth Infantry, U. 8. Volunteers, by the name of Looney, who was a cook, might have been present during
entire time.
BALDWIN, Commanding.
[First indorsement.]
HEADQUARTERS DIVISION OF THE PHILIPPINES,
Manila, P. I., January 8, 1908.
forwarded to the Adjutant-General of the Army, also copy of the
Respectfully
telegram from the division commander dated December 21, 1902, bearing on this case.
This (foregoing) record contains all the information obtainable here respecting the
death of Padre Pena. The funds found on his person were all turned in to the
insular treasury.
The only person found in the Philippines who was concerned in the administration
of the water cure to Padre Pena is Contract Surg. (formerly captain and assistant
O. W. Woods, who is ne.'w stationed at Iloilo. It is
suireon, U.
officer. As no evidence
was present by order of his commanding
claimed that8.heVolunteers)
has been secured that connects Dr. Woods with the death in any other capacity, it is
that a trial by court-martial of this person for criminal connection with the
thought
case could only result in his a(cuittal, therefore his trial has not been ordered. As
much haste as was possible has been exercised in these investigations, but it has not
been possible to complete the case sooner.
Attention is invited to the fact that the death occurred on December 8, 1900, which
is more than two years ago.
GrO. W. DAVIs,
Major-General, U. S. Army, Commanding.
DEPARTMENT OF JUMTICE,

Washington, D. C., January S6, 1908.

The SCRIB'rxAY OF WAR, Washington, D. C.
I have your letter of November 21, reading as follows:
SiR:
"I
have the honor to transmit herewith the report of an investigation made by the
General of the Army, from which it appears that Father Augustine
Judge-Advocate
de la Pena, the parish priest at Dumanoas, island of Panay, was su)bected to torture
by an officer of the volunteer forces, with a view to extort information in respect to
the operations of the insurrectionary forces in that island. As a consequence of the
administration of torture the victim died.
An expression of opinion is requested as to whether Capt. Cornelius M. Brownell,
whose order and under whose personal supervision the torture was administered,
by
is now amenable to a criminal prosecution therefor. And I remain,
"Very respectfully, "Ver respetfly "ELIHU
n RoT, Secretary of War.
It appeal from the inclosures of your letter that the torture and death referred to
occurred in the month of December, 1900, at Banate, Iloilo Province; that Brownell
was then captain of Company D, Twenty-sixth Infantry, U.S. Volunteers; that he
is no longer the military service, and is now in the United States.
The allege offense would, under our system of laws be either murder or manslaughter, and under Spanish law aasination or homicide, according to the motives
and circumstances.

OOUITB-KIARTIAL::ITN THE: PHILIPPIISE XSLANS.

149

The fact that it might be regarded aa violation of the laws of war is not sufficient
to prevent it from being murder or manslaughter. (Minnesota v. Gut, 13 Minn., 341;
Gut v. State, 9 Wall., 35.)
An offense may be one against the State, and at the same time one against the
United States. In that instance, two sovereignties are offended by it. (Colelman .
Tennessee, 97 U. S., 518.)
It is also true that an offense may be one against the quasi-sovereignty of a Teritory and one against the United States; also, that a crime may be an offense under
the rules or articles which govern the Army In peace and war, at home and abroad,
and a different offense against the United States, a State or Territory. (6 Opin. A.
G., 41(0; Winthrop's Mil. Law, 2d ed., p.p. 1076, 124, 396.)
It seems to be clear from the authorities that no military court can now try Captain Brownell; (1) because a court-martial las no jurisdiction since he hlas left the
service (5 Opins. A. G. 58), and (2) because a military commission has no jurisdiction now that peace has been proclaimed in the Philppines.
Upon tlle ratification of the treaty with Spain on April 11, 1899, the legal title to
the Philippines was vested in the United States (183 U. S., 176). But the cession
was completed under very extraordinary circumstances. Instead of peace there
existed in full operation a powerful insurrection against the new sovereignty, and
the character or extent of this insurrection was not radically changed until after the
commission of the act which constituted this alleged offense.
In Coleman ?. Tennessee (97 U. S., W09), Coleman was indicted in the criminal
court for the district of Knox County, Tennessee, in October, 1874, for a murder
to have been committed in that county cli the 7th of March, 1865. At the
alleged
time the offense was alleged to have been committed he was a regular soldier in the
of the United States, and Fast Tennessee, where the offense was
militarytoservice
have been committed, was then occupied by the armies of the United
alleged
States as a military district. It was held that, when the armies of the United States
were in the enemy's country, the established military tribunals had, under the laws
of war and statutory authority, exclusive jurisdiction to try and punish offenses of
grade committed by persons in the military service.
every
The court, speaking through Mr. Justice Field, said:
"Officers and soldiers of the armies of the Union were not subject during the war
to the laws of the enemy, or amenable to his tribunals for offenses committed by
them. They were amenable only to their own Government, and only by its laws,
as enforced by its armies, could they be punished. * * *
"The fact that when the offense was committed, for which the defendant was
the State of Tennessee was in the military occupation of the United States,
indicted,
with a military governor at its head appointed by the President, (can not alter this
conclusion. Tennessee was one of the insurgent States forming the organization
known as the Confederate States, against which the war was waged. Her territory
was enemy's country, and its character in this respect was not changed until long
afterwards. * * #
"The laws of the State for the punishment of crime were continued in force only
for the protection and benefit of its
own people."
In Dow v. Johnson (100 U. S., 158), the court said:
"Nor is the position of the invading belligerent affected, or his relation to the local
tribunals changed, by his temporary occupation and domination of any portion of
the enemy's country. * * * The municipal laws, that is, such as affect private
rights of persons and property, and provide for the punishment of crine, are generallowed to remain in force, and to be administered by the ordinary tribunals,
ally
as they were administered before the occupation. They are considered as continuunless superseded or suspended by the occupying belligerent. But their coning,
tinued enforcement is not for the protection or control of the army, or its officers or
soldiers. These remain subject to the laws of war, and are responsible for their conduct only to their own government and the tribunals by which
those Imws are administered. If guilty of wanton cruelty to persons, or of unnecessary spoliation of
property, or of other iets not authorized by the laws of war, they may be tried and
punished
by the military tribunals. They are amenable to no other tibinsal
that of public opinion, which, it is hoped, will always brand with infamy allexcept
who
authorize or sanction acts of cruelty and oppression.' (See also State of Tennessee
v. Hibdom, 23 Fed. Rep., 795.)
On August 14, 1898, a proclamation was issued "To the
of the Philippines"
by the general in command at Manila, in which he said: people

'The government established among you by the United States is a government of

military
occupation; and for the prsentit is ordered that the municipal laws, such
as affect private rights of persons and property, regulate local institutions, and provide forth punishment of crime, shall be considered a conti g i force, o far

00U-TS-MARTIAUL

THE PHILIPPINE ISLANDS.

150
as compatible with the purposes of military government, and that they be administered through the ordinary tribunals substantially as before the occupation, but by
officials appointed by the government of occupation."
The same proclamation declared that a provost-marshal-general should be appointed
but that in a general way
whose duties would be set forth in detail in future orders,
and sending
he and his deputies were to be charged with the duty of making arrests
or native crim-

offenders before courts-martial, military commissions, provost courts,

inal courts, "in accordance with the law and instructions hereafter to be issued."
thus
This was followed on August 22, 1898, by one of the orders of instructions
order
That
the
of
the
inaugurated
proclamation.
as
by
system
part
contemplated
among other things, that the local courts continued by the proclamation
provided,
should not exercise jurisdiction over crimes committed by or against any person
to or connected with the Army of the United States, but that such crimes
belonging
court.
should be tried by court-martial, military commission, or provost
It is clear that it was not then intended to confer upon local tribunals jurisdiction
find such
over offenses committed by officers and soldiers of the Army. Nor can we the
insurissued
of
the
orders
during
in
an intent subsequent
military government
To do so would be to find one at variance with the actual pracperiod.
rectionary
tice of trying soldiers for all manner of civil crimes exclusively by courts-martial
under articles 68, 62, etc., of the Articles of War.
exclusive in time
While it is true that the jurisdiction of military tribunals is not
States
is recognized,
United
the
of
the
where
in
and
supremacy
territory
peace,
ofand the relations between the local govemment and the national Government
normal,
and where also the exercise of jurisdiction of the local civil courts is not disturbed,
territory,
it is equally true that when the armies of the United States are in hostile
as in the present case, engaged in actual warfare, the jurisdiction of such tribuand,
nals over such offenses is exclusive. And it is evident from the decisions cited
the less "enemy's
that in reference to the present question the country was none insurrection
against
harassed
it
was
becuse
by
and-the
territory hostile,
country,"
a sovereignty perfect in law, rather than attacked or defended by a recognized
belligerent.
As the alled act of Captain Brownell was committed while he was an officer in
my opinion that
the Army of the United States operating in " enemy's country " it isuse
the language
he was amenable only to the laws of war, supremacy of which-to
and soldiers of
of Justice Field in the Dow case-" for the protection of the officers
the army, when in service in the field in the enemy's country, is as essential to the
efficiency of the army as the supremacy of the civil law at home, and in time of
peace, is essential to the preservation of liberty." P. 0. KNOX,
respectfully,

Attorey-Genleral.

Subsequent to the trials which have been summarized above, Maj.

Edwin F . Glenn, Fifth Infantry, was brought to trial before a court
convened by the commanding general, Division of the Philippines,
a charge of manslaughter. Major Glenn's trial has been comupon
the convening officer, but
pleted and the record has been reviewed bythis
reason it is impossible
For
has not yet reached the Department.
has already been,
record
the
As
evidence.
to submit a summary of the
action
further
W.
Davis,
by superior
acted upon by Maj. Gen. George
in the way of review would be without authority
authority
military
of law.
EU HU Roor, Secretary of War.