57th Congress, ) SEXATE. ( Doc. No. 205^ 1st Session . \ \ Part 1. CHARGES OF CRUELTY. ETC., TO THE NATIVES OF THE PHILIPPINES. LETTER FROM THE SECRETARY OF WAR RELATIVE TO THE REPORTS AND CHARGES IN THE PUBLIC PRESS OF CRUELTY AND OPPRESSION EXERCISED BY OUR SOLDIERS TOWARD NATIVES OF THE PHILIPPINES. February 19, 1902. — Ordered to be printed as a document. War Department, Washington. February 17 ^ 1902. DeaR Sir: In reph' to your letter of Saturday, the loth instant, received yesterday, asking information regarding the reports and charges in the public press of cruelty and oppression exercised b}" our soldiers toward natives of the Philippines, I send vou a number of documents which I think will furnish the information you wish. EA'er}" report or charge of this description which has at an}' time been brought to the notice of the War Department has been made the sub- ject of prompt investigation ; and among the inclosed papers you will find the records of thirteen such inquiries in which the results have been reported. You will perceive that in substantialh' every case the report has proved to be either unfounded or grossly exaggerated. The par- ticular report which was called to the attention of the Senate last week,' viz, that the "water cure'' is the favorite torture of the American, and especially of the Macabebe scouts, to force the natives to give information, and that a soldier who was with General Funston had stated that he had helped to administer the ''water cure" to 160 natives, all but 2t) of whom died, was already under investigation, which is still in progress. I inclose a copy of a letter received from General Funston, dated February 2. 1902. in which he declares the statement to be an ''atro- cious lie without the slightest foundation in fact:" and a letter from Lieutenant Batson, the commander of the Macabebe scouts, to the same effect. As to orders governing our soldiers in the Philippines, I send 3'ou a cop3' of the instructions for the government of armies of the United States, promulgated under President Lincoln by General Orders, No. 100, of 1863. These rules have been republished from time to time in separate form and furnished to every commissioned officer of the Army, both regulars and vokinteers, and are to-daj^, as they have been at all times since 1863, the practical and effective guide and rule of A^Us i CHARGES OF CRUELTY, ETC , TO FILTPI:N0S. conduct to which e\'ery officer understands that he must conform. Among these rules 3^ou will find the following: Rule 16. 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 tight, nor of torture to extort confessions. ^ * * Rule 44. All wanton violence committed against persons in the invaded comitry, all destruction of proi)erty not commanded by the authorized olhcer, all robbery, all pillage or sacking, even after taking a place by main force; all rape, wounding, maim- ing, or killing of such inhabitants are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense. * * - Rule 56. A prisoner of war is subject to no punishment for being a public enemy, nor is any revenge wreaked upon him by the intentional infliction of any suffering or disgrace by cruel imprisonment, want of food, by mutilation, death, or any other barbarity. Rule 75. 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. * ^ ^ Rule 80. Honorable men, when captured, will abstain from giving to the enemy hiformation concerning their own army, and the modern law of war permits no longer use of any violence against prisoners in order to extort the desired information or to punish them for having given false information. I send you also copies of eighteen orders, issued at ditl'erent times and under different commands in the Philippines, for the observance and enforcement of these humane rules, calling particular attention to the order in the Department of Southern Luzon, dated June 5, 1900: in the Department of the Visayas, dated June 26, 1900, and in the Department of Northern Luzon, dated 3\i\\ 14, 1900. 1 send 3^ou a memorandum of 1:4 officers, soldiers, and camp follow- ^,ers who have been tried, a nd 39 of tbei a-aaavicted. for violation of ^,.,— such orders as are above descrll^ecl. ■ The war on the part of the Filipinos has been conducted with the barbarous crueltv common among uncivilized races, and with general disregard of the rules of civilized warfare. They deliberately adopted the policy of killing all natives, however peacefal. who were friendly to our Government, and in literally thousands of instances these poor creatures, dependent upon our soldiers for protection, have been assassinated. The Filipino troops have frequently fired upon our men from under protection of flags of truce, tortured to death American prisoners who have fallen into their hands, buried alive both Americans and friendly natives, and horribly mutilated the bodies of the American dead. That the soldiers tighting against such an enemy, and with their own eyes witnessing such deeds, should occasionallv be regardless of their orders and retaliate by unjustifiable severities is not mcredible. buch things happen in every war, even between two civilized nations, and they alwa3^s will happen while war lasts. That such occurrences have been sanctioned or permitted is not true. A constant and effective pressure of prohibition, precept, and discipline has been maintained against them. That there has been any such practice is not true. The cases have been few and far between, scattered infrequently over a great area of country along the course of three j^ears of active conflict, throupli thousands of engagements, and among manv thousands of troops. That these occasional cases have characterized our Arm}^ or its conduct is not true, any more than the deeds of lawless violence which constanth' occur in every large city characterize the people of the city. The war in the Philippines has been conducted b}^ the American Army with scrupulous regard for the rules of civilized warfare, with CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 3 careful and genuine consideration for the prisoner and the noncombat- ant, with self-restraint, and with humanity never surpassed, if ever equaled, in any coniiict, worth}' onh^ of praise, and reflecting credit upon the American people. I send you a number of extracts from reports and court-martial pro- ceedings, illustrating the character of insurrectionist warfare. Very trul3% yours, q Elihu Root, Secretary of War. Hon. Hexry Cabot Lodge, ChairiiKin Committee on the P]iilip2yines^ Urdted States Senate. Indosures. Exhibit A. — Copy of Brigadier-General Funston's' letter, dated February 2, 1902. Exhibit B. — Copy of Capt. Matthew A. Batson's letter of January 29, 1902. Exhibit C. — Records of 13 inquiries regarding reports of cruelty. Exhibit D. — Rules for government of armies in the field. Exhibit E. — Eighteen orders issued for observance and enforcement of rules men- tioned in Exhibit D. Exhibit F. — Schedule of trials and convictions. Exhibit G. — Extracts from reports and court-martial proceedings, illustrating the character of insurrectionist warfare. Exhibit A. Kansas City, Mo., February e, 1902. Sie: My attention having been called to an extract from an article published in the City and State, of Philadelphia, January 2, 1902, I wish to make the following comment: In this extract it is alleged that a soldier who claims to have been with me in the Philippines made the statement that he had helped to administer the "water cure" to 160 natives, all but 26 of whom died. This statement I wish to brand as an atrocious lie, without the slightest foundation in fact. During my service of three years in the Philippines I never had personal knowledge of the' so-called "water cure" being administered to a native, or any other form of torture being used to extract information from them. Statements of this kind made by returned soldiers are simply braggadocio, and a desire to attract attention to themselves. It is my belief that the " water cure" was very rarely, if ever, administered by American soldiers. It was a matter of common knowledge that occasionally the Macabebe Scouts, when not under the direct control of some o^cer, would resort to this means of obtaining information as to the where- abouts of concealed arms and ammunition. They did this, however, on their own responsibility and without orders from their superiors. It was utterly impossible to prevent a few offenses of this kind by the ^Nlacabebes, as they were nierely repaying the insurgents for worse treatment received by them in the past. The so-called "water cure," as it has been described to me by Macabebe soldiers, M-as by no means so severe an ordeal as would be indicated in the extract mentioned. The method was merely to throw a native on his back, hold his nose with one hand, and pour water down his throat from a canteen or other vessel. It occasioned noth- ing more than a few moments of strangling, and never resulted fatally. I never heard of its having been administered to a native by a white man. Very respectfully, Frederick FrNSTox, Brigadier-General, U. S. Army. The^ADJUTANT-GENERAL, Washington, D. C. 4 CHARGES OF CRUELTY, ETC., TO FILIPIN^OS. Exhibit B. Washington, D. C, January 29, 1902. Sir: Referring to an article published in the City and State, Philadelphia, January 2, 1902, alleging the use of the " water torture" as a means of extorting information from the natives in the Philippines by our troops, and especially Macabebe Scouts, I desire to make the following comments: The first company of ^Nlacabebe Scouts was organized by me in September, 1899. This force was subsequently increased until I had under my command five companies, numbering 640 men. I was in command of these scouts until the latter part of November, 1899, being relieved on account of a wound received at Aringay. These men were in May, 1900, reorganized and officially designated Squadron Philippine Cavalry, though they were generally known as "Macabebe Scouts." Upon the reor- ganization I was again placed in command of them, and remained in command until these men were finally discharged from the service, in July, 1901. At this time there were other bodies of scouts known as Macabebe Scouts, about the discipline and conduct of which I know nothing, as I never came in contact with them. During the time that I was in command of these native troojiJS the practice of tor- turing natives to obtain information was neither sanctioned nor practiced. On the contrary, it was prohibited under pain of severe punishment. I not only did not "knowingly allow it," but from the time I organized the first company of natives until my command was discharged, in July, 1901, my officers and men were strictly prohibited from mistreating prisoners or "piasanos" in any way. From time to time charges similar to that made by Mr. Kennan in the article referred to have been made against my scouts. These charges have invariably been thoroughly investigated, and have nearly always been found to be without founda- tion. Asa rule, these charges have not been made to me as commanding officer of the scouts, but have been sent direct to the division commander, and in a great many cases special inspectors have been sent out to investigate. These inspectors have always been given every assistance by myself and officers to get at the truth, and the natives encouraged in every way to make known any cruelty practiced against them. It has generally been found that the natives have been scared into making these charges, first, by insurgent officials, who sought that method of arousing the natives by telling them of the barbarous treatment that they would have at the hands of the Maca- bebes, and, second, by American officers, who tried to intimidate the natives by threats of Macabebe vengeance. I am glad to be able to say, however, that those charges have almost invariably gone before my command, and not followed it. In proof of this I would call attention to the petitions which have been in a number of cases — but notably at Abando and at ^Nlontalbon — submitted, m which the natives have appealed to the department commander not to remove my command from their towns, as we had always afforded them absolute i^rotection against "ladronism" and outrages of all sorts, and that my men, as they expressed it, treated them like broth- ers. I request that the Adjutant-General also compare the records of courts-martial of men in my command with those of the Army in general, both in the United States and in the Philippines. I have heard a great deal about the "water torture," or "water cure," as it is generally called, and I do not doubt that it -has been applied in a few cases. Out- rages will be committed in any army in the world. They have been committed against our own citizens in our own country by our own soldiers. But I know that such methods were not sanctioned, as alleged in the article referred to, by the mili- tary authorities in the Philippines, and that when proof could be obtained that such methods had been practiced the offenders were promptly brought to justice. Indeed, after nearly three years' service in the Philippines, I can conscientiously say that I believe the treatment which the natives received at the hands of the miU- tary has been extremely humane and tolerant. Very respectfully, Matthew A. Batson, Captain, Fifteenth U. S. Cavalry. The Adjutant-General U. S. Army, Washington, D. C. Exhibit C. Xo. 1. Mr. T. J. Henneberrv, of Elkhart, 111., in a letter to the President, dated April 5, 1899 (223308 A. G. 0., 1899), incloses a newspaper clipping originally pubhshed in CHARGES OF CRUELTY, ETC., TO FILIPINOS. 5 the Clark County Democrat, which prints an extract from a letter of Private Edward Gard, Battery L^ Third United States Artillery, which stated that it was the prac- tice of soldiers in the Philippine Islands to put to death insurgent wounded and prisoners. This letter was referred to General Otis for investigation on April 18 1899. The report of the soldier's commanding officer is as follows: [Fourth indorsement.] Malolos, p. I., June 3, 1899 Respectfully returned. Edward Gard is a private in this battery, and I inclose herewith his own state- mient concerning the letter to his mother published in the Clark County Democrat of March 29. It is not unusual among enlisted men — in fact, quite the contrary is true — for them to boast of what they have done. The most ridiculous stories are current about camp after every important engagement. Sometimes there is a basis of fact, but the stories gain in the repeated tellings until their own improbability proves their utter falsity, as in the case of the story herein referred to. Private Gard ohas admitted to me that never during our whole campaign in the Philippines has he seen a soldier strike a native with the butt of his gun, and I can say in addition that such a thing could not occur in Battery L without being reported to me. The bat- tery is divided into four sections, each under a sergeant that would not countenance such an act. Further, each squad is in charge of a corporal or an acting corporal, who is held to strict accountability for the performance of any act outside the line of duty. I have been with the battery in every engagement during this war and I have never seen any member of it or of the Third Artillery perform an act of inhu- manity, while numerous instances of kindness to the captured or wounded enemy have come to my notice. Private Gard, to account for his having written the letter to his mother, says he heard some soldiers of another regiment talking about the way they used the butts of their guns, and so when he wrote he told the story so as to include himself. The whole thing is simply the fiction of an ignorant soldier. P. M. Kessler, Second Lieutenant, Third Artillery, Commanding Battery L. The statement of Private Gard to the officer conducting the investigation was as follows: Battery L, Third Artillery, Malolos, P. I., Junes, 1899. The CoMMAXDiNG Officer, Battery L, Third Artillery. Sir: In reference to the letter written by me and published in the Clark County Democrat of March 29, 1899, I would state that my statement contained therein— that if we found one still living we put the finishing touch on him with the butt end of our guns, etc. — is an exaggeration. The letter was written to my mother without the slightest idea that it would be published, and hence it was colored to suit my own fancy. Edward Gard, Private, Battery L, Third Artillery. [Fifth indorsement.] Headquarters Batteries Third Artillery, Malolos, Luzon, P. I., June 4, 1899. Respectfully returned, inviting attention to fourth indorsement and inclosure. The treatment of wounded and un wounded prisoners has been in every respect kind and humane. I have had exceptional opportunities for knowing this. AV, A. Kobbe, Major, TJiird Artillei^y, Commanding. No. 2. A letter dated West Alexander, Pa., April 6, 1899, addressed to the President, from Mr. R. M. Carson, incloses a clipping which asserted that outrages were being com- mitted by United States troops against the insurgents, the newspaper clipping referring more especially to the conduct of the First Washington Volunteer Infantry. 6 CHARGES OF CRUELTY, ETC., TO FILIPINOS. This paper was referred to General Otis on April 18, 1899, for investigation, and was returned by him with report as follows: Manila, P. I., May 29, 1899. Respectfully returned to the Adjutant-General of the Army. The inclosed news- paper clipping professes to report actions of the Washington Volunteers. While there is little truth in letters written by soldiers to their homes — especially by those who wish to impress their friends by their individual prowess— the conduct of the Wash- ington Volunteers has been the subject of special investigations for some time. They deny wanton burning or cruelties, and still there are strong indications that they practiced those infractions to some extent. However, the number of prisoners cap- tured on February 5 and during later engagements and the care they have received from the United States authorities show that the Army is practicing humane senti- ments. We still hold a large number of prisoners and are releasing them gradually as their friends and acquaintances vouch for their future good conduct. Those now captured are turned loose unless they be officers of rank and importance. E. S. Otis, Maj. Gen., U. S. V., Commanding. No. 3. A newspaper clipping received at Headquarters Department of the Pacific and Eighth Army Corps, purporting to publish a letter from Capt. Albert Otis, First Washington U. S. Volunteer Infantry, in which that officer admits the improper disposition of private property and the destruction of other private property, was referred to the commanding general First Division, Eighth Army Corps, for inves- tigation and report, as to whether the letter purporting to be from Captain Otis was in fact such, or whether the statements contained in the extracts could be verified, and if so Captain Otis was to be brought to speedy trial before a court-martial. The matter was investigated by the inspector-general of the First Division, Eighth Army Corps, whose report thereon is as follows: Office of the Inspector-General, First Division, Eighth Corps, Manila, P. I., June 9, 1899. Adjutant-General First Division. Sir: I return herewith statement of Capt. A. H. Otis, First Washington Volunteer Infantry, relative to the clipping inclosed, supported by the affidavit of the first ser- geant of his company. He had no lieutenants on duty with his company at the period in question. As seen, he denies all knowledge of such letter and that any conditions as stated ever existed. He was in Santa Ana but one night, and that night was passed in the street and without quarters. I was myself twice in his quarters in Paco before his company was moved to Pasig, and certainly saw no indications of grand or any other pianos, nor any evidence of loot of any kind. The quarters were very plainly furnished, and what furniture there was was left (so Captain Otis tells me) by Lieutenant-Colonel Dubose, of the First California Infantry, and a rental of $8 Mexican per month was paid to its owner for the use of it. The only piano that Captain Otis has had any connection with during his service in Paco is one which was found in the street and which has been unclaimed by its owner. It had been looted by Chinos, who had been unable to get away with it and had dropped it in the street. Captain Otis had it placed under shelter and has made report of the matter to the quartermaster's department three different times (twice verbally and once by letter), with request that it be taken off his hands, but was told to let it remain where it was for the present. This statement is confirmed by Capt. C. C. Wolcott, chief quar- termaster First Division. When the property of his company was moved to a new storehouse the piano was moved also, and is now there subject to order. The request that the quartermaster's department take charge of it, made by letter, was dated May 27. I am convinced that this published letter was written by someone with intent to do harm to Captain Otis' s reputation, and that his name, if signed to it, has been forged. AVho may have done this can only be found out, if at all, through the news- paper which published the article. Certain conditions of affairs exist in the First CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 7 AVashingtons which have been the subject of an investigation by Lieutenant-Colonel Miley, inspector-general, and in all probability the author of this letter will be found among those individuals who have caused trouble in other directions. Very respectfully, your obedient servant, C. G. Stark, Major, Inspector-General, U. S. Volunteers. Captain Otis made the following statement: Pasig, p. I., June 2, 1899. Major Staer, Inspector- General First Division, Eighth Army Corps, Manila, P. I. Sir: In response to a conversation with you this date, I have the honor to submit the following statement: First. After the capture of Santa Ana, on February 5, 1899, I was ordered to escort prisoners of war from Santa Ana to Manila. I left Santa Ana at 12.30 p. m., having been in Santa Ana about an hour. During that hour I was in conversation with General King and Major Weisenberger and also collected the prisoners, formed my company, and received my instructions relative to the prisoners. I did not return to Santa Ana until 12 o'clock p. m. Monday night, the 6th. Bivouacked in the street that night in front of quarters of Colonel Wholley. The next day (7th) I was engaged principally in moving m*y company from one place to another in a vain quest for quarters, resulting finally in being ordered back to Paco temporarily. Dur- ing that entire time the only pianos I recollect of seeing were in the quarters of Colo- nel Wholley. At no time did I have any pianos in my possession, nor did I give or receive any orders regarding any piano or pianos. On February 5, while talking with an officer in Santa Ana, two pianos were taken from a house near the church and across the street from Colonel Wholley's headquarters, and brought out into the street. I had nothing whatever to do with them and do not know by whose orders they were moved nor what disposition was made of them. This was while the houses on that side of the street were being burned and prior to my departure with the prisoners. Second. In regard to "six horses and three carriages." After my return to Paco the men gathered up all stray horses and carriages abandoned by the natives. These, in most cases, were returned to the owners on their appearing and claiming them. This could be done, as the men knew most of the parties personally, having been stationed there since January 5. I had left unclaimed three horses, one quilez, one caramata, and one market cart. These, pursuant to published orders, I turned in to the department quartermaster, taking receipt therefor. I was then issued two horses, one market cart, and one harness. These and a bull cart issued by regimental quar- termaster constitute the transportation now on hand. Third. In regard to "enough small plunder for a family of six." I can only say that I have none now nor have I had any at any time. There was at various times in my quarters in Paco small articles, such as a harp, left behind by Lieutenant- Colonel Dubose, of the First California; a bag taken by him from Chinamen, contain- ing some dishes. The harp was claimed and identified by and delivered to a native woman. The bag (a gunny sack) of dishes were badly broken and wholly worthless. The lot Avas thrown on the rubbish pile as of no value whatever. In obedience to orders given me, I searched the houses in East Paco for arms and ammunition. All due precautions were taken to prevent looting. I do not make a practice of writing such statements as the one credited to me, and respectfully sub- mit to you the improbability of my making false and injurious statements regarding myself. I have no information as to the origin of this statement. Very respectfully, A. H. Otis, Captain, First Washington Infantry, U. S. Volunteers. I further desire to state that I did not write this letter nor have I ever at any time made any such statements; and, further, that they are groundless. Respectfully, A. H. Otis, Captain, First Washington C. S. Volunteers. First Sergt. Milo C. Corey, Company A, First Washington Infantry, U. S. Volun- teers, made the following sworn statement: Pask;, p. I., June e, 1899. Milo C. Corey, being duly sworn, deposes and says: On the 4th day of February, 1899, he was and has at all times since been the first sergeant of Company A, First Washington Infantry, U. S. Volunteers, and that he has been on duty with his company continuously since that date. 8 CHARGES OF CRUELTY, ETC., TO FILIPINOS. He was with the company at Santa Ana while it was commanded by Capt. A. H. Otis, and that he was with and near him during tlie entire time the company was in Santa Ana. At no time did he see, hear, or know of any orders being given by Cap- tain Otis regarding any pianos or other property. During the stay of tlie company in East Paco tlie enlisted men of the company gathered up a number of horses and several quilezes and caromatas which had been abandoned by the natives. These were delivered to their owners whenever claimed and satisfactory proof established as to ownership. This was possible from the fact that many of the parties were person- ally known to members of the company. He detailed the men who took 3 horses, 1 quilez, 1 caromata, and 1 market cart to the depot quartermaster; 2 horses, 1 market cart, and 1 harness were then issued to and are now in possession of the company; he had constant access to the quarters of Captain Otis during the entire time the company was at East Paco; he had every opportunity to hear and observe, and that he neither saw nor heard of Captain Otis having ' ' plunder ' ' in his possession at any time ; strict orders were issued by Captain Otis against looting and every effort made to suppress it and preserve order. And further deponent saith not. MiLO C. Corey, First Sergeant Company A, First Washington Infantry, U. S. Volunteers. Subscribed and sworn to before me this 2d day of June, 1899. C. T. Smith, Captain, First Washington Infantry, U. S. Volunteers, Summary Court Officer. Under date of Jmie 1, 1899, the commanding general. Department of the Pacific and Eighth Army Corps, called the attention of the commanding general of the Second Division of the Eighth Army Corps, to the statement of Corpl. Guy Williams, Company E, Fifty-first Iowa, U. S. Volunteers, as to the looting of the village of San Roque. The matter was investigated by the inspector-general, Second Division, Eighth xlrmy Corps, whose report is as follows: Headquarters Second Division, Eighth Army Corps, Office of the Inspector-General, San Fernando, P. I, June 6, 1899. The Adjutant-General, Second Division, Eighth Army Corps, San Fernando, P. 1. Sir: I have the honor to submit the following report of an investigation made by me, in compliance with the orders of the division commander, of a certain statement alleged to have been made by one Guy Williams, of the Fifty-first Iowa Infantry, U. S. Volunteers, in reference to the looting of a village (name not given), after its abandonment by the native inhabitants, by the Fifty-first Iowa Regiment (date not given), which statement was published in a newspaper (designation, place of publi- cation, and date of issue of the newspaper not given). I interviewed one Corpl. Guy "Williams, Company E, Fifty-first Iowa Infantry, U. S- Volunteers, who stated, in reply to my questions, that he did write a private letter to his brother, Mr. Flor Williams, of Burlington, Iowa, in which he made statements to the effect quoted in the telegram which formed the basis of my inves- tigation; that he did not write the letter for publication, but that it appears that his brother showed it to a newspaper man, who published it in a Burlington paper, he thinks in the Burlington Hawkeye; that what he said in his letter may have been exaggerated by the newspaper, but that it was of the same tenor, except that he does not think he mentioned a piano; that he referred to the village of San Roque, near Cavite, which was deserted by the insurgents and occupied by the Iowa regiment in the early part of February, 1899; stated that the statement is substantially true, but that the men did not find or take anything of great value; stated that this was the first time his regiment took the field against insurgents; that they were ordered out suddenly, and that he does not think any instructions were given not to loot. The foregoing statements were read to him and pronounced correctly taken down. Capt. Charles W. Mount, commanding Company E (Corporal Williams's company), Fifty-first Iowa Infantry, U. S. Volunteers, stated that the village of San Roque was looted by the Iowa regiment and the other troops stationed at Cavite; that the men helped themselves to what they found, and destroyed articles of property they could not use; that the colonel and other field ofiicers did not exert themselves to stop it, and that, while he disapproved of what was done, he did not feel called upon under the circumstances to do anything about it; stated that Major Rice, of the California CHARGES OF CRUELTY, ETC., TO FILIPINOS. 9 Heavy Artiller}-, commanded the outpost at San Roque, of which two battaUons of the Fifty-first Iowa formed a part; also, that the insurgents burned a large part of the town before abandoning it. The foregoing statements were read to Captain Mount, and pronounced by him to be correctly recorded. I next interviewed Lieut. Col. M. Miller, commanding the Fifty-first Iowa Infantry U. S. Volunteers, Colonel Loper, who commanded the regiment at the date of the alleged occurrences being absent sick. Col. M. Miller submitted a statement in writing, which is herewith inclosed, marked ''A." This comi^letes the investigation as far as it is practicable for me to make it under existing conditions. Very respectfully, John S. Mallory, Major and Inspector- General, U. S. Volunteers. The statement of the colonel and lieutenant-colonel of that regiment to the inspector- general are given herewith. Headquartees Fifty-first Iowa Ixfaxtry, U. S. Volunteers, Second Brigade, Second Division, Eighth Army' Corps. San Fernando, P. J., June 9, 1899. Assistant Adjutant-General, Second Division, Eighth Army Corps. Sir: The village of San Roque was abandoned and burned by the insurgents Feb- ruary 9, 1899, and immediately occupied by troops of my command. I directed the provost-marshal, Capt. Dennis Geary, to take charge of the district, extinguish the fires, collect and store all articles of value he found in a building in San Roque, the amount of which was limited, as the insurgents were busy the night previous to abandonment removing property. A part of the property so collected was afterwards removed to Cavite for use of officers and men in the quarters, which were found absolutely bare of furniture when my regiment took station there. All of the furniture so removed was stored in Cavite or turned over to the command that relieved mine, except that used at the palace, for which we hold receipt of the naval officer in charge of the navy-yard. The building in San Roque in which the property was stored was burned in March; fire incendiary origin. Every precaution was taken to prevent looting of houses in San Roque, a strong guard being maintained under a most efficient officer. It is possible that enlisted men and some officers may not have known that the property was collected and removed under authority, and concluded the men they saw so employed were looting. Very respectfully, Jno. C. Loper, Colonel Fifty-first lova Volunteer Infantri/. (A.) San Fernando, P. I., June 4, 1S99. Maj. John Mallory, San Fernando, P. I. Sir: In reference to dispatch received from assistant adjutant-general regarding the looting of San Roque by the Fifty-first Iowa, I was not in command at that time and know but very little a])out it. Captain Geary, First California Heavy Artillery, U. S. Volunteers, was: the provost-marshal, and gathered all of the furniture that was of any value and stored it in a l:)uilding that was set apart for that purpose. The officers had to get permission from Colonel Loper, who was in command at that time, to use a portion of the furniture for their quarters, for when the district of Cavite Avas turned over to our regiment very little furniture was left. All of the articles secured by us are being used by the Tenth Pennsylvania Infantry, U. S. Volunteers. We brought nothing away with us. As to the men, I do not think that they took anything of consequence, as the natives had been there previously and taken everything that was of any value. Very respectfully, I\r. ^Iili.er, Lieutenant-Colonel Fiftij-fir.st Iowa Infantry, U. S. Volunteers. All the papers in the case were forwarded to this office by the commanding gen- eral. Department of the Pacific and Eighth Armv Cori)s, bv indorsement dated June 25, 1899, in which he states: "This is one of many reports of investigation made upon statements found in 10 CHARGES OF CRUELTY, ETC., TO FILIPINOS. United States newspapers and purporting to be extracts from soldiers' letters sent from here to their homes. "San Roque adjoins Cavite, and in February Admiral Dewey directed the insur- gents to evacuate the place on pain of a naval attack. They did evacuate, together with all the inhabitants, and then set tire to the town. Troops (Fifty-first Iowa) were innnediately sent in to extinguish the fire, which they successfully fought for twenty-four hours. ' ' Soldiers may have picked up some articles of abandoned property, but I do not think to anv great extent." E. S. Otis, Major-General, U. S. Volunteers, Commanding. No. 5. The Hon. Edgar Weeks, M. C, in a letter to the Secretary of War dated September 8, 1899, calls attention to a publication in the Spokesman's Review, Spokane, Wash., referring to a private letter written by Private Edward D. Furman, Company A, First Washington Volunteer Infantry, in which the soldier makes allegations con- cerning the conduct of his regiment in the burning and looting of houses of natives. The letter of Mr. Weeks was referred to the commanding general, Department of California, San Francisco, Cal., for investigation upon the arrival of the First Wash- ington Volunteer Infantry in San Francisco. The investigation was made by the judge-advocate-general, Department of California, whose report is as follows: Headquarters Department of California, San Francisco, Cal. , October 24, 1899. Private Furman' s written statement was not called for until after it appeared from his oral statements that he would welcome the opportunity to make it. He was given twenty-four hours to think the matter over, with leave to abide by oral state- ments he had already made and withhold the written one as to him might seem best. By his own statement he is 29 years of age. He is intelligent, and was from the first made to understand that his silence was preferred to any word of his, uttered or written, under a sense of obligation amounting to duress. From his oral state- ments, written down when made, I quote: "As to jewelry, some of the men did find some in houses hastily abandoned by the occupants, and in others from which our men were fired upon. Our men sometimes got trace of buried treasure money and dug it up. The most I ever saw was shown by one of our men, some gold in a handkerchief; as much as one could hold in the hand. "Have heard of other and larger sums being found. ' ' I saw no highway robbery, no wanton cruelty nor illtreatment of wounded Fili- pinos; on the contrary, I saw them as kindly cared for as our own. Our men were not cruel; they were kindly. "I think I wrote the letter after the first battle, February 4 and 5, 1899. The burning was at Paco, a few miles from Manila. The whole place was burned, except a few buildings the troops occupied. Two companies (A and I) were there before the fight. During the fight the enemy fired on us from the buildings, and they, in that manner, killed some of our men. We burned the outlying portion of the town to drive out the sharpshooters. Most of the houses were Nipa huts, built of bamboo frames with thatched roof; but some were more substantial, with stone foundations and second story of wood, with roof of tile or galvanized iron. All the houses were not burned on the day of the battle, many being burned subsequently and at differ- ent dates. I wrote the letter to a personal friend who was in Spokane, in the post- office there. He was there when I volunteered. We had once been partners in the publication of the Cheney Free Press. I did not desire its publication and did not think it would be pubHshed. I did not, in fact, think much about it one way or the other. I was surprised when I saw it in the papers, and regretted it. I had not for a moment anticipated the construction put upon it. The fact is, the burning was a military necessity to save the lives of our men. When the buildings were on fire it was both natural and right to save as much of the contents as would be useful to us or add to our comfort. When the Filipinos remained in their houses they were not disturbed, but were protected." Chinamen were persistent and industrious in looting property from abandoned houses, and the men knew that to leave anything that they could apply to their own comfort was to let the Chinamen carry it off. But this, as far as practicable, was stopped later on. Capt. Albert Otis commands the company to which Furman belongs. He and CHARGES OF CRUELTY, ETC., TO FILIPINOS. 11 other officers confirmed the facts of his pubUshed letter regarding the burning of houses and the taking and using of furniture. That individual men behaved badly they do not doubt, but their evil work was done secretly and in defiance of orders and the general sentiment of the troops. The men did search for money. They also secured many things in the way of mementoes. There was little Filipino cloth- ing found, rescued from burning houses, or otherwise obtained that was of much value or could be used by the men. So far as Furman's letter implies general license to steal, rob, and loot generally, they hold it to be false. The scenes he refers to attended the conditions of actual battle and the destruction by burning of dwellings, etc., under orders made impera- tively necessary to save the lives of our men, to drive off the enemy, and prevent his returning under cover to renewed attacks, especially by sharpshooters. Some of the officers insisted that they lost men through too tender a regard for property that should have been given to the flames with greater promptness and thoroughness than was actually done. The foregoing facts, carefully sifted from notes taken at many interviews with mem- bers of the First Washington Infantry Volunteers, give to Furman's letter, it is believed, its truthful setting. Taken by itself it implies unprovoked outrages upon defenseless people; but when related to the scenes of destruction and disorder that usually attend upon actual battle, it is shorn of most of its malicious suggestion. That the writer intended to make the impression the publication of his letter created is doubtful. Unfortunately for him, however, his reputation as a soldier does not stand high with his comrades. No attempt was made by me to fathom his motive nor question his character. Men and officers are inclined to the belief that his let- ter, like those written by many other soldiers and some officers following upon the opening of hostilities, was a thoughtless act. The appearance of letters printed in full or in part in the papers from home, wherein a spirit of boastfulness or effort at vivid description with little regard to the truth was evident on the part of the writers, subjected them to such " merciless guying" at the hands of their comrades that a noticeable modification for the better speedily followed. As an illustration of the disposition " to draw the long bow," Maj. Lewis R. Daw- son, First Washington Infantry Volunteers, instanced his surprise at finding in a Tacoma paper an account of a deadly assault made upon him by a Filipino soldier whose wounds he at the time was dressing. The story was a pure fiction. He called the soldier before him and, asking him why he had written it, received as a reply that he did not know. The soldier also confessed that he had not even heard of such an act. Speaking of Furman, Dr. Dawson volunteered the statement that this man had been ever persistent in asking to be placed on "sick report," and on one occasion he had to return him to duty against pretexts of illness too specious to make any mistake in his, the surgeon's, diagnosis of practically normal health doubtful. He gave it also as a psychological fact that men of doubtful courage and lacking in rugged manliness are prone to shout loudest over wonderful deeds done or witnessed by them. This is but the confirmation anew of a truth as old as the race. Respectfully submitted. S. W. Groesbeck, Judge- Advocate^ U. S. A. The w^ritten statement of the soldier himself, made to the officer investigating the case, is as follows: • Presidio of San Francisco, Cal., October 18, 1899. The article in question is as a w^hole correct, but the word "looted" should have been omitted. The articles quoted were taken from houses that were abandoned by insurgents at the time hostilities began and at a time when everything was in an unsettled condition. The Chinese were carrying away everything in sight, and what remained was consumed by fire. All furniture, etc. , was left in our quarters when we moved, and the horses, carriages, etc., were turned in to the quartermaster, who in turn restored them to their owners wdien called for. I never knew of a case of any occupied house being entered or inmates molested. On the contrary, they were given every protection. There was no case of wanton burning. The buildings were only fired to dislodge armed insurgents who fired upon and killed and wounded our men. The letter I wrote to a personal friend, and it was of a strictly private nature and was not intended for publication. It was written a few days after hostilities began, when everything was in a turmoil and before any orders had been issued regarding entering abandoned houses. Later order was restored, and orders were issued from department headquarters forbidding the men to enter or take articles from deserted houses. Edward D. Furman, Private, Company A, First Washington Infantry, U. S. Volunteers. 12 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. In forwarding the papers to this ofl&ce the commanding general, Department of CaUfornia, states in his indorsement that: Headquarters Department California, San Francisco, October 26, 1899. Respectfully returned. The reputation of this man, as shown by Major Groesbeck, is such that his boastful and untrue statement of actual conditions is not to be wondered at. It is very well known and understood that under the circumstances men become very careless, and it seems to be admitted that much property was taken for temporary use of troops to increase their comfort. Wm. H. Sh after, Major- General, Commanding. No. 6. W. J. Kennard, writing from Yentura, Cal., to the Secretary of War, under date of June 7, 1900, incloses a copy of a letter from Private E. E. Baker, Company I, Forty-sixth Infantry, U. S. Volunteers, which was published in the Western Inde- pendent under date of June 7, 1900, in which the soldier states that the indiscrimi- nate killing of the natives is practiced, and their houses wantonly burned. The papers were referred to Major-General MacArthur by letter dated June 16, 1900, for investigation, which was conducted by Lieut. Col. E. M. Hayes, Fourth U. S. Cavalry, whose report thereon is as follows: . Pasay Cavalry Barracks, P. I., August 9, 1900. The Adjutant-General, Department of Southern Luzon, Manila, P. I. Sir: In compliance with instructions contained in letter from your office dated August 4, 1900, I have the honor to report that I have made a full and thorough investigation of the statements made by Private E. E. Baker, Company I, Forty-sixth Infantry, and published in the Ventura Independent, a newspaper of Ventura, Cal. Said statements have only a slight foundation, and in this connection I respectfully call attention to the letter of First Lieut. J. B. Webb, Forty-sixth Infantry, com- manding the scouting and surveying party on the occasion mentioned in Private Baker's letter, giving a detailed statement of the affair. In my opinion he adopted the only course open to him for a successful resistance when he fired the bamboo thicket and the shacks (not houses) from which the shots were fired at his party, and the fact that he made prisoners of the occupants of the shacks is proof of the mercy shown the natives by our troops. He would have been justified in using drastic measures in retaliation for the cowardly and unprovoked attack on his men. I also inclose letter of Private E. E. Baker, voluntarily written and submitted, in which he makes retraction of these many highly colored statements in his former letter published in the Ventura Independent, and claims that said letter was only intended for "jollying" his parents and was not intended for publication. In addition I will state that no detachment, however small, has been or is allowed to leave Silang without definite and pointed instructions; and authority to maltreat the natives or to commit the slightest injury has never been granted to any party or individual. There has never been any wholesale burning of houses; on the contrary'' instructions have alwaj^s been given to preserve houses and shacks of natives, unless absolutely necessary to destroy them to reach the enemy. All officers and men have been and are held to a strict accountability for their actions toward the natives, who are encouraged to present their complaints to the commanding officer. I believe the commanding officer. Col. W. S. Schuyler, 'Forty-sixth Infantry, maintains excellent discipline, and through his wise management the natives can have no foundation for complaint. It is ascertained that the letter published in the Ventura Independent was strictly private correspondence and not intended for publication. It seems that the charac- ter of this man is excellent and that he is a good soldier. The statements contained in his letter of explanation are believed to ])e true, and I am convinced that this investigation will prove sufficient punishment for the offense and v.arning against anything of the kind in the future. Very respectfully, E. M. Hayes, Lieutenant- Colonel, Fourth Cavalry. CHARGES OF CRUELTY, ETC., TO FILEPINOS. 13 In connection with the investigation First Lieut. J. B. Webb, Forty-sixth Volun- teer Infantry, the soldier's company commander, reported as follows: SiLANG, P. I., August 6, 1900. Lieut. Col. Edward M. Hayes, Fourth U. $. Cavalry. Sir: In compliance with your verbal request I have the honor to state that Private E. E. Baker, Company I, Forty-sixth Infantry, L^. S. Volunteers, probably refers to an engagement between about 60 natives and a surveying party of 20 soldiers under my command, which occurred about 6 miles south of here on the afternoon of March 19, 1900, in which six houses or huts were burned and a trench and sharj^shooters^ nest destroyed. Shots were first fired at us from a house 200 yards to our right and out of wliich 4 natives were captured. We were then fired upon from some houses or huts con- cealed in a bamboo and banana thicket, which it was necessary to set on fire in order not to unnecessarily expose my men to the fire of an unseen enemy. Four men sur- rendered from this place, which we found afterwards had a trench and sharpshooters' nest above referred to. Xo -other house or houses were burned that I know of. During this time we were under fire from two houses near by, 1,000 yards farther away, and which we could not reach owing to an impassable ravine. We drove the enemy from these last two houses by firing volleys into them and driving out between 50 and 60 natives at whom we continued to fire until they were hidden from view in the brush or ra^•ines. Xo dead bodies were found, but I presume some natives were hurt, as the firing continued for some time, and the next morning I discovered a party of natives carry- ing a wounded Filipino in an insurgent uniform on a stretcher. I have never ordered, nor have my men killed an unarmed native, nor has the wanton destruction of property been permitted. On the contrary, every considera- tion has been given the inhabitants of the hostile country, in which my work has been performed, not inconsistent with the safety of my men. Very respectfully, J. B. Webb, First Lieutenant, Forty-siiih Lifantry, U. S. Volunteers. The statement of the soldier is as follows: SiLANG, P. I., August 7, 1900. Lieutenant-Colonel Hayes, Fourth Cavalry. Sir: I desire to say with regard to a letter that I wrote home and which was pub- lished in the papers, that I did not suppose that anyone would publish it and that I made certain statements in it that were not correct, more to amuse my parents and show them that I was not in any great danger than anything else. The statement that we shot people like rabbits was not so, of course, and I thought they would understand it was intended as a joke. When we were attacked we fired back like soldiers at anyone who had a gun, and afterwards burned the shacks which they fired at us from, but no others. AVe have always had orders to treat natives kindly and observe their rights, and have never been ordered to burn houses unless they were known to be hiding places of the lad rones. I have been asked to make this explanation of my letter, which, as I said before was only intended for my father and mother to see, and I do so freely and willingly to correct any wrong impression which my half-joking letter may have caused. Respectfully, Edward E. Baker, Company I, Forty-si.vth Infantry, U. S. Volunteers. 7. Mr. W. W. Brown. Auditor for the Xavv Department, Treasurv Department, in letter dated June 12, 1900, addressed to the Secretary of War (328840 A. G. O., 1900), inclosed a clipping from the Bradford, Pa., Evening Star, publishing a letter from Private Burt A. Stanley, Company B, Forty-seventh Infantry, U. S. Volunteers, which recites instances of robbery committed })y the Forty-seventh L^. S. Volun- teers against the Filipinos. The statements of this soldier were referred to Major- 14 CHARGES OF CRUELTY, ETC., TO FILIPINOS. General Mac Arthur by letter dated June 16, 1900, for investigation, which was con- ducted by Lieut. Col. E. M. Hayes, of the Fourth U. S. Cavalry. Lieutenant-Colonel Hayes's report is as follows: Pas AY Cavalry Barracks, P. I., September 1.5, 1900. Adjutant-General, Department Southern Luzon, Manila, P. I. Sir: In compliance with instructions contained in letter from your office dated August 4, 1900, I proceeded to Bulan, P. I., for the purpose of investigating the state- ments made by Private Burt A. Stanley, Company B, Forty-seventh Infantry, V. S. Volunteers, and published in the Bradford Evening Star of Bradford, Pa. Private Stanley disclaimed having written the article as published in the Bradford Evening Star, but admitted that portions of the same were taken from letters written to his mother and that he never authorized the publication or his signature to the article, and was surprised and indignant at the liberties taken with his private correspondence. He bears a good character in his company, but is npt, in my opinion, sufficiently educated to be the author of the article contained in the clipping. The conditions mentioned in the statement are without foundation, and to a great extent, purely imaginary. The affidavit of Private Stanley, in which he admits the falsity of the statements and the certificates of his company officers to the same effect, are herewith attached. I respectfully recommend that these papers be referred to the editor of the Brad- ford Evening Star for his guidance in the publication of such articles in the future. Yerv respectfully, E. M. Hayes, Lieutenant- Colonel Fourth Cavahy. The officers of Company B, Forty-seventh Infantry, U. S. Volunteers, unite in the following statement: Bulan, P. I., September 10, 1900. AVe, the undersigned, officers of Company B, Forty-seventh Infantry, L". S. Volun- teers, certify that the following statements contained in clipping from the Evening Star, Bradford, Pa., June 8, 1900, entitled "Letter from the front," and written by Private Burt A. Stanley, Company B, Forty-seventh Infantry, U. S. Volunteers, are not true and without any foundation whatever. statements. I. "It would mean something to us, as there are millions of dollars in this town, and if there were an outbreak here the people would have to get out, for they would be killed if they didn't, and that would give us clear sailing in this town." jj * * * " I could go back to the United States a rich man, for there is money enough in this town to make every man in our company well to do." * -^^ * III. "After the soldiers searched the town they found no less than $500,000 Mexi- can money." * * * ' ' The natives returned to their town, but upon finding their money all gone they would have fought. Oh, we always manage to get the money, and we are allowed to do so when they take up arms against us. We are allowed to ransack an}' town that is insurgent." * * * "Oftener the boys find a belt on a dead nigger containing quite a large stake." * * * Charles C. McLain, Captain, Forty-seventh Infantry, U. S Volunteers, Commanding Company B. Charles H. Morrow, First Lieutenant, Forty-seventh Infantry, U. S. Volunteers. B. P. Disque, Second Lieutenant, Forty-seventh Infantry, U. S. Volunteers. The sworn statement of Private Stanley is as follows: Personally appeared before me the undersigned authority, Burt A. Stanley, private. Company B, Forty-seventh Infantry, L^. S. Volunteers, who, after being duly sworn according to law, deposes and says: That he makes this affidavit of his own free will and accord, and that his object is to deny and disavow the truth of an article pub- CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 15 lished in the Bradford, Pa., Evening Star of June 8, 1900. That the article above mentioned in the paper and of the date above mentioned was taken from several letters that he had written to his mother. That he never intended these letters for publication, and that his letters as appearing in said paper has to some extent been changed and rearranged by the editor or correspondent of said paper. The deponent further says that his words in paragraph I, as follows: "It would mean something for us, as Ihere are millions of dollars in this town, and if there were an outbreak here the people would have to get out; they would be killed if they didn't, and that would give us clear sailing in this town," are without founda- tion and untrue. That further words in paragraph III, as follows: "The natives returned to the town, but finding the money all gone would have fought," are also untrue and without foundation. That the sum of 8)500,000 was not taken, or any other sum of money. That his words, "Oh, we always get the money; we are allowed to do so when they take up arms against us. We are allowed to ransack every town that is insurgent," are also untrue and without foundation, as he has never taken himself, seen others take, or heard permission given to others to take money or loot any insurgent town. Further deponent saith not. Burt A. Stanley, Private, Company B, Forty-seventJi Infantry. Subscribed and sworn to before me this 10th day of September, A. D. 1900. Charles H. Morrow, First Lieutenant, Forty-seventh Infantry, U. S. Volunteers, Summary Court. 8. George A. Lickiss, in a letter dated Arlington, Iowa, July 30, 1900, addressed to the President, incloses a newspaper clipping publishing an Associated Press dispatch from Manila, which relates that Company I, Fortieth U. S. Volunteer Infantry, killed 89 natives at Oroquieta, island of Mindanao, and sul)sequently the gunboat Callao shelled the city, burning the warehouses, all of which was done in the retali- ation of the killing of two soldiers. This communication was referred on August 7, 1900, to the commanding general, division of the Philippines, for investigation and report, and was returned with the report of the company commander, which is as follows : Oroquieta, P. I., October' IS, 1900. Geo. A. Lickiss, Arlington, lotva. Sir: In answer to your communication addressed to the President and by him him referred through channels to this post to be answered, I have the honor to write as follows: The post of Oroquieta, "Mindanao, was garrisoned by Company I, Fortieth Infantry, L^. S. Volmiteers, upon July 9, 1900, the troops going into quarters in the former con- vent next the church. The company was sent to the post to open the port as requested in an act formed by the town council, assembled and all members present. The day following the arrival the people commenced to leave the town, and we received word indirectly that the insurrectos were going to attack. Xo word was given by any native of authority, though many knew it before the attack took place. Being the first American troops to land here, the formations for roll calls and all other purposes were watched by large numbers of people daily and at reveille roll call, upon the 12th of July conditions were the same, and though the women had nearly all left town there were a large number of men watching the roll call. Lieu- tenant Masteller was at the time commanding the post. The soldiers were allowed to leave quarters in groups of not less than two, and then they were required to be armed. Following the reveille roll call two sergeants proceeded down the street two blocks and just out of sight of barracks to a native store (bakery). Here, while standing in the street with ])utts of their rifles upon the ground, each was jumped upon by three natives armed with knives, and one was stabbed in the stomach, dying upon the spot, and the other was stabbed under the arm (wound moderate). The former in the scuffle before being killed, managed to fire his rifle, giving the alarm to the garrison. The other sergeant escaped to the quarters also immediately. By now the insurrectos had surrounded the barracks and commenced to lire at the l)ar- racks from both front and rear. The convent itself is surrounded l)y a stone wall about a large yard, and behind this wall and the church (distant 75 feet) were about 200 insurrectos, some with rifles, the majority with knives. The insurrectos firing 16 CHARGES OF CRUELTY, ETC., TO FILIPINOS. from the front were hidden by an old stone-house foundation, and also by high weeds and brush. The orders were such that in case of attack the most of the company should go to the windows and porch and a squad report to Lieutenant Masteller in front of the barracks. This squad the latter officer deployed and charged around the church and wall, not knowing what hostile troops were there nor how they were armed. This was where the majority of the 89 "innocent" natives were killed and a firearm or bolo or spear removed from each. The number of firearms taken was six, one of which was a Krag rifle which had been taken from an American soldier killed at Loculan, 12 miles from here, by the same troops in part that attacked this garrison. There the attack was more successful, as the natives rushed into the house where the American troops were, and before they could be repulsed had stabbed to death seven American soldiers, being the whole guard, and wounding a number of others. The method they follow is to get close and then draw their bolos, always concealed until the moment of using under loose trousers, and you can easily guess what mischief they can do when they are mixed with your own men so the latter can not fire. Vigor- ous measures have to be taken against large numbers, when they are close, to pre- vent this occurring, as it did in the instance referred to. By each of the prisoners captured that morning we were told that they had come in to fight the American soldiers. From later knowledge it is known that near 1,000 natives were engaged in the attack, but all had not gotten to the quarters when it commenced. As to the gunboat Callao, spoken of in the same dispatch, it was lying in the bay in front of the barracks, and when the firing commenced it also opened up on the town, which was deserted (with the exception of the insurrecto soldiers), and the shells of said boat burned a small wooden warehouse and one nipa house. One sailor aboard was shot, while handling a Colt gun, from the shore by insurrectos. A word as to the personnel of the troops concerned, and of the revolutionists, who still hold together as an organized force in this vicinity. The most of the officers are renegade Tagalos and many of the soldiers disciplinarios; the latter are men who were sent to this island by the Spaniards for having committed some crime in Luzon. Here they were placed between the sea and the Moor country, which they could not enter, and compelled to be soldiers. These people have in their possession the rifies, and intimidate and impress the unwilling into service. It is an absolute fact that they have punished even to death some natives who have been no more than friendly to our troops. The general who is in command of them is not really in command, for they have the rifles and have a guard over him. He desires that they surrender. Their only other general was captured by us two weeks ago, and he himself says the men are robbers and hard characters and most of the officers are the same. Being captured, lie stated, was the only way he could get away from them without great peril to himself, family, and belongings. In conclusion, I wish to say that Lieutenant Masteller and his command have received very unjust notices through the press of the United States. The cable as sent and published was never more than a hearsay recital of the things that occurred, and it was twisted worse than the story of the three black crows. It is luinecessary to tell you how outraged the soldiers of this and all other ogani- zations are when such lying reports are circulated, which if true would be blots upon the American Army and nation. Respectfully, W. B. Elliott, Captain, Fortieth Infantry, U. S. Vols. , Commanding Post, Under date of September 8, 1900, Charles M. F. Striger, in a letter dated Covington, Ky., wrote to the Secretary of War relative to a speech made by the Hon. John P. Altgeld, of Illinois, in which letter Mr. Striger stated that the Hon. John P. Altgeld referred to a newspaper clipping purporting to publish a private letter from Private Thomas W. Jones, Company G, Eleventh Volunteer Cavalry, in which the soldier is quoted as having written detailing the firing by our soldiers into a wedding party, killing the bride and wounding or killing the groom and several others attending the wedding. An investigation of this matter by the commanding general. Division of the Philippines, was directed under date of August 20, 1900, and the report of Maj. S. W. CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 17 Miller, Forty-sixth U. S. Volunteer Infantry, acting inspector-general second district, Department of Southern Luzon, is as follows: Calamba, p. I., October 17, 1900. The Ad.tut A XT-General, Second DiMrict, Department of Soutliern Luzon. Sir: I have the honor to submit the following report of an investigation made by me pursuant to third indorsement on communication, to which this forms an inclo- sure. L^pon receipt of communication I went to Santa Cruz and Pagsanjan, province of Laguna, and entered upon the duty assigned, viz: to investigate the alleged "mas- sacre of Filipinos at Santa Cruz, P. I., June 25, 1900, where 12 Filipinos were killed and the like number wounded, an elderly lady shot through the leg, and a little child had her arm shot off." At 6.10 o'clock on the morning of June 25, 1900, an expedition of United States troops numbering 6 officers and 126 men, composed as follows, viz, 30 men each from troops A and G, Eleventh Cavalr3^ 17. S. Volunteers, under Capts. E. A. Sturges and E. L. Glasgow; 42 men from troops E and L, Eleventh Cavalry, U. S. Volunteers, under Capt. Williani J. Kipp, Eleventh Cavalry, U. S. Volunteers, and 24 men from Company H (mounted), Thirty-seventh Infantry, U. S. A'olunteers, Lieut. E. S. West, Eleventh Cavalry, U. S. Volunteers, commanding temporarily, and Maj. Francis A. Winter, surgeon. Thirty-seventh Infantry, U. S. Volunteers, all under the command of Capt. E. D. Scott, Thirty-seventh Infantry, U. S. Volunteers (second lieutenant. Sixth U. S. ArtillerjO, left Pagsanjan; the object of the expedi- tion was the capture of the insurgent General Cailles. A native furnished by Capt. A. F. W. 3Iacmanus, Thirty-ninth Infantry, U. S. Volunteers, in charge of the secret service at the headquarters of the second district, Department of Southern Luzon, and for whose ability and knowledge of the country Captain Macmanus vouched, accompanied the command as guide. The command marched to Cavinti, P. I., where the guide took a trail to the east, but gradually changed direction until at 10 o'clock a. m., -same day, the expedition found itself headed due west and at the ford of the Pagsanjan River, not over 3 miles east of the town of Pagspmjan. At this point Captain Scott asked the guide if he knew where he was going. He acknowledged that he had lost the trail, and was permitted to cross the stream to get another native, who he said would put him right. The guide returned with the native, the command took up the march, and at 4 o'clock p. m., after eight hours' riding, reached a point near San Antonio, ordinarily reached in two and one-half hours from Pagsanjan, the guide furnished having impres>-ed at least one other native as guide since leaving the ford of tlfe Pagsanjan River. At this point it became necessary to leave the horses. Captain Scott then took ten men each from Troops A, G, E, and L, Eleventh Cavalry, U. S. Volunteers, and Company H, Thirty-seventh Infantry, Jj. S. Volunteers, and with Captains Kipp and Sturges, Eleventh Cavalry. T7. S. Volunteers, and ]^iajor Winter, surgeon Thirty- seventh Infantry, U. S. Volunteers, proceeded on foot along a trail to the eastward from San Antonio, the guide still leading. After marching about a mile the guide pointed out a house as that of General Cailles. The house wassurrounded and searched, but proved to be that of an ordinary native family. Other houses Avere pointed out by the guide as occupied by the insurgents, but upon examination were found to be vacant. The command proceeded, and toward sunset, about 3 miles from where the horses were left, loud voices and laughter were heard. A reconnoissance was made, and a large number of natives were located in a house about 400 or 500 yards distant. The guide said they were insurgents. Captain Scott divided his command with the intention to surround the house. Sent Captain Kipp with the detachments from L a^id E Troops to the right. Held the detachments of A and G Troops and Company H, Thirty-seventh Infantry, with Major Winter and Captain Sturges, under his own immediate command. After Cap- tain Kipp had been gone a short time Captain Scott gave orders to his immediate command to advance rapidly on the house. The troo])s were concealed by the brush, and when the}' emerged from the same about 75 yards from the house it was discov- ered that the house was situated on the far side of a stream not fordable. Tlie only way of crossing Avas a bamboo rail. As soon as the troops came in sight the natives in the house started to run away. Captain Scott was in the advance, saw armed men running around the corner of the house, and shot at them. One of these men was later killed by Corporal (now First Sergt. ) Robert Anderson, Company H, Thirty-seventh Infantry, L^. S. Volunteers. Caj^tain Scott crossed the stream on the ))amboo rail, ran around the corner of the house to the rear of it where the armed men had disappeared, but was obliget where they vol- unteered it. I never knew or heard of a Lieutenant Congo. No part of the Thirty- eighth was ever at Nabolas or at any other ])lace on Xegros. No soldier of the Thirty-eighth was ever arrested for making protest against cruel or any other acts. The strictest orders were given and enforced against looting. I do not believe that either a woman or a child were ever hit by a shot fi.red by the regiment, except })er- haps as an accident of the battlefield. ^lany men were shot as they fied, but tliey probably all deserved it. I never heard the term "shooting ral)l)i'ts" used in the regiment. Raping of natives, liad it occurred, would have received the severest pun- ishment possil:>le. I am confident that not a case of it occurred in the regiment. Inasmuch as these charges are unqualifiedly false in every word, I suggest that the writer be proceeded against by law. Witnesses in abundance can be found Avho were in the Thirty-eighth and who now reside in or near St. Louis. Geo. S. Axdersox, Major, Sixth Cavalry, lately Colonel Thirty-eighth Volunteer Infantry. 22 CHARGES OF CRUELTY, ETC., TO FILIPINOS. No. 13. A private letter published in the Monroe County ( W. Va. ) AYatchman of Septem- ber 6, 1901, from Alexander Grant, late ])rivate of Company D, Sixth U. S. Infantry, called forth a letter from J. F. Houchins. The letter of the .soldier refers to an engagement between his company and the Filipinos at Isabela, Island of Xegros, and relates the wanton killing of a number of natives and the burning down of a num- ber of houses, and states that a native woman was burned to death in the conflagra- tion which destroyed her house. The papers were referred to the commanding general. Division of the Philippines, for investigation and report, and were returned with the report of First Lieut. W. F. Nesbit, Sixth U. S. Infantry, w^hich is as follows : Bacolod, Negros, p. I., October 34, 1900. The Adjutant Sixth Infantry. Sir: In regard to an article published in the Cincinnati Enquirer of August 12, 1900, containing statements of one Private Grant, formerly of Company I), Sixth Infantry, I have the honor to state that the barrio referred to was the rendezvous of ladrones and insurgents, the proof of which we found only after thorough search, and which were ammunition, spears, bolos, and uniforms. I have no doubt that a part of the band we chased from Cabug were among those found in the barrio. The men of the barrio were accordingly grouped together and placed under guard, and the place burned. I know of no such occurrence as the burning of a woman, and I believe that statement to be absolutely false and mali- cious. My men were as much engaged in guarding prisoners and burning as those of Compan}^ D, and I never heard from them or from anyone else of any such inci- dent. I saw prisoners trying to escape from the guard by running into the rice fields. No order was given to fire upon them, as it was not necessary, the guard doing its duty at the first attempt to escape. The statement as to treatment of soldiers here in the Philippines is so ridiculous and malicious that it does nothing but show the animus of the man toward the service and his country. I know of no soldier being tried for writing home about the treatment of soldiers, and I believe such statement of Grant's to be false. It seems needless to refute any of these apparently malicious machinations of a dissatisfied soldier. Very respectfully, W. F. Nesbit, First Lieutenant, S'uih Infantry, Commanding Compaay K. and report of Capt. Omar Bundy, Sixth Infantry, which is as follows: Headquarters Department of the Yisayas, Office of the Inspector-General, lloilo, P. L, November 19, 1900. Respectfully returned to the adjutant-general Department of the Visayas. This article first appeared in the Cincinnati Enquirer of xlugust 12, 1900, and was undoubtedly published for political effect. It is manifestly false in m.auy particu- lars, and where based upon truth the latter has been perverted to suit the needs of sensational newspapers. The barrio referred to, consisting of a few nipa huts, had for some time been the rendezvous of ladrones and insurgents. The huts were destroyed, as a necessary military measure, to prevent their further use by lawless natives. The story of the burning of a woman I beheve to be entirely false. I never heard any mention of this until this newspaper article appeared, eight months after the huts were burned. No unarmed insurgents were shot in the manner described. The firing that occurred was at men who were running away from the guard that had been placed over them. It was ju.stified by the circumstances as I saw them. I inclose herewith a copy of a report of First Lieut. W. F. Nesbit, Sixth Infantry, bearing on this subject. He was with me at the time, in command of K Company, Sixth Infantry. Omar Bundy, Captain, Sixth Infantry. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 23 In returning the report of this second otScer to the headquarters Division of the PhiUppines, Brig. (jen. R. P. Hughes, U. S. Volunteers, commanding the Depart- ment of the Visayas, remarks as follows: Headquarters Department of the Visayas, Iloilo, P. J., November 20, 1900. Respectfully returned. I have never heard of such an incident as this clipping relates. The statements of the two officers who were present at the time are returned herewith. They are both men of cultivation and refinement, and the outrages stated by Grant could not possi- bly be caused or countenanced by either of them. R. P. Hughes, Brigadier-General, U. S. Volunteers, Cor,imanding. Exhibit D. General Orders, ^ War Department, y Adjutant-General's Office, ^'o. 100. J Washington, April 24, 1863. The following "Instructions for the government of armies of the United States in the field," prepared by Francis Lieber, LL. D., and revised by a board of officers, of which Maj. Gen. E. A. Hitchcock is president, having been approved by the Presi- dent of the United States, he commands that they be published for the information of all concerned. By order of the Secretary of War: E. D. Townsend, Assistant Adjutant- General. INSTRUCTIOXS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD. Section I. — Martial law — Militarij jurisdiction — Military necessity — Retaliation. 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the martial law of the invading or occupying army, whether any proclamation declaring martial law, or any public warning to the inhabitants, has been issued or not. ISlartial law is the immediate and direct effect and conse- quence of occupation or conquest. The presence of a hostile army jiroclaims its martial law. 2. Martial law does not cease during the hostile occupation, except by special proclamation, ordered ]:)y the commander in chief; or l)y special mention in tlie treaty of peace concluding the war, when the occupation of a place or territory con- tinues beyond the conclusion of peace as one of the conditions of the same. 3. Martial law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of mihtary rule and force for the same, as well as in the dictation of general laws, as far as mili- tary necessity requires this suspension, substitution, or dictati<^n. The commander of the forces may jiroclaim that the administration of all civil and penal law shall continue, either wholly or in part, as in times of peace, unless other- wise ordered by the military authority. 4. Martial law is simi)ly military authority exercised in accordance v>ith the laws and usages of war. Military oppression is not martial law; it is the abuse of the power which that law confers. As martial law is executed by military force, it is incumbent upon those who administer it to ])e strictly guided by the principles of justice, honor, and humanity — virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed. 5. ^Martial law should be less stringent in places and countries fully occupied and fairly conquered. Much greater severity may be exercised in places or regions where actual hostilities exist, or are expected and nuist be prepared for. Its most complete sway is allowed — even in the conunander's oavu country — when face to face with the enemy, l)ecause of the absolute necessities of the case, and of the paramount duty to defend the country against invasion. To save the country is paramount to all other considerations. 24 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 6. All civil and penal law shall continue to take its usual course in the enemy's places and territories under martial law, unless interrupted or stopped by order of the occupying military power; but all the functions of the hostile government — leg- islative, executive, or administrative — whether of a general, provincial, or local char- acter, cease under martial law or continue only with the sanction or, if deemed nec- essary, the participation of the occupier oi' invader. 7. Martial law extends to property and to persons, whether they are subjects of the enemy or aliens to that government. 8. Consuls, among American and European nations, are not diplomatic agents. Nevertheless, their offices and persons will be subjected to martial law, in cases of urgent necessity only; their property and business are not exempted. Any delin- quency they commit against the established military rule may be punished as in the case of an 5' other inhabitant, and such punishment furnishes no reasonable ground for international complaint. 9. The functions of ambassadors, nainisters, or other diplomatic agents, accredited by neutral jDowers to the hostile Government, cease, so far as regards the displaced Gov- ernment; but the conquering or occupying power usually recognizes them as tempo- rarily accredited to itself. 10. Martial law affects chiefly the police and collection of public revenue and taxes, whether imposed by the expelled government or by the invader, and refers mainly to the support and efficiency of the army, its safety, and the safety of its operations. 11. The law of war does not only disclaim all cruelty and bad faith concerning engagements concluded with the enemy during the war, but also the breaking of stipulations solemnly contracted by the belligerents in time of peace, and avowedly intended to remain in force in case of war between the contracting powers. It disclaims all extortions and other transactions for individual gain; all acts of private revenge, or connivance at such acts. Offenses to the contrary shall be severely punished, and especially so if committed by officers. 12. Whenever feasible, martial law is carried out in cases of individual offenders by militar}" courts; but sentences of death shall be executed only with the approval of the Chief Executive, provided the urgency of the case does not require a speedier execution, and then only with the approval of the chief commander. 13. Military jurisdiction is of two kinds: First, that which is conferred and defined by statute; second, that which is derived from the common law of war. Military offenses under the statute law must be tried in the manner therein directed; but military offenses which do not come within the statute must be tried and punished under the common law of vvar. The character of the courts which exercdse these jurisdictions depends upon the local laws of each particular country. In the armies of the United States the first is exercised by courts-martial, while cases which do not come within the "Eules and Articles of War," or the jurisdiction conferred by statute on courts-martial, are tried by military commissions. 14. Military necessity, as understood by modern civilized nations, consists in the necessity of those measures w^hich are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war. 15. Military necessity admits of all direct destruction of life or limb of armed enemies, and of other persons whose destruction is \n(ik\en.i2i\\Y lUKiroldaMe in the armed con- tests of the v*'ar; it allow^s of the capturing of every armed enemy, and every enemy of importance to the hostile government, or of j)eculiar danger to the captor; it allows of all destruction of property, and obstruction of the ways and channels of traffic, travel, or communication, and of all witliholding of sustenance or meaiis of life from the enemy; of the appropriation of vrhatever an enemy's country affords necessary for the subsistence and safety of the army, and of such deception as does not involve the breaking of good faith either positively pledged, regarding agree- ments entered into during the war, or supposed by the modern law of war to exist. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God. 16. 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 confessions. It does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but dis- claims acts of perfidy; and, in general, military necessity does not include any act of hostility which makes the return to peace unnecessarily difficult. 17. War is not carried on by arms alone. It is lawful to starve the hostile bellig- erent, armed or unarmed, so that it leads to the speedier subjection of the enemy. 18. When a commander of a besieged place expels the noncombatants, in order to CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 25 lessen the number of those who consnine his stock of provisions, it is lawful, though an extreme measure, to drive them back, so as to hasten on the surrender. 19. Commanders, whenever admissible, inform the enemy of their intention to bombard a place, so that the noncombatants, and especially the women and children, may be removed before the bombardment commences. But it is no infraction of the common law of war to omit thus to inform the enemy. Surprise may be a necessity. 20. Public war is a state of armed hostility between sovereign nations or govern- ments. It is a law and requisite of civilized existence that men live in political, con- tinuous societies, forming organized units, called states or nations, whose constituents bear, enjoy, and suffer, advance and retrograde together, in peace and in war. 21. The citizen or native of a hostile country is thus an enemy, as one of the con- stituents of the hostile state or nation, and as such is subjected to the hardships of the war. 22. Nevertheless, as civilization has advanced during the last centuries, so has like- wise steadily advanced, especially in wa.r on land, the distinction between the private individual belonging to a hostile country and the hostile country itself, with its men in arms. The principle has been more and more acknowledged that the unarmed citizen is to be spared in person, property, and honor as much as the exigencies of war will admit. 23. Private citizens are no longer murdered, enslaved, or carried off to distant parts, and the inoffensive individual is as little disturbed, in his private relations as the com- mander of the hostile troops can afford to grant in the overruling demands of a vig- orous war. 24. The almost universal rule in remote times was, and continues to ^e with barba- rous armies, that the private individual of the hostile country is destined to suffer every privation of liberty and protection, and every disruption of family ties. Protection was, and still is with uncivilized people, the exception. 25. In modern regular wars of the Europeans, and their descendants in other por- tions of the globe, protection of the inoffensive citizen of the hostile country is the rule; privation and disturbance of private relations are the exceptions. 26. Commanding generals may cause the magistrates and civil officers of the hostile country to take the oath of temporary allegiance or an oath of fidelity to their own \dctorious government or rulers, and they may expel every one who declines to do so. But whether they do so or not, the people and their civil officers owe strict obedience to them as long as they hold sway over the district or country, at the 2)eril of their lives. 27. The law of war can no more wholly dispense with retaliation than can the law of nations, of which it is a branch. Yet civilized nations acknowledge retaliation as the sternest feature of war. A reckless enemy often leaves to his opponent no other means of securing himself against the repetition of barbarous outrage. 28. Retaliation will, therefore, never be resorted to as a measure of mere revenge^ but only as a means of protective retribution, and, moreover, cautiously and unavoid- ably; that is to say, retaliation shall only be resorted to after careful inquiry into the real occurrence, and the character of the misdeeds that may demand retribution. Unjust or inconsidei-ate retaliation removes the belligerents fartliei' and farther from the mitigating rules of regular war, and by rapid steps leads them nearer to the internecine wars of savages. 29. ^Modern times are distinguished from earlier ages by the existence at one and the same time of many nations and great governments related to one another in close intercourse. Peace is their normal condition; war is the exception. The ultimate object of all modern war is a renewed state of peace. The more vigorously wars are pursued the ])etter it is for humanity. Sharp wars are brief. 30. Ever since the formation and coexistence of modern nations, and ever since wars have become great national wars, Avar has come to be acknowledged not to l:)e its own end, Vmt the means to ol)tain great ends of state, or to consist in defense against wrong; and no conventional restriction of the modes adopted to injure the enemy is any longer admitted; but the law of war imposes many Hmitations and restrictions on principles of justice, faith, and honor. Section II. — Pablic and prirafe propcrft/ of the enemij — Protection of penona, and especlallji of u-otiien; of religion, the arts, and ffciences — J^iuiisJrmcnt of crimes against the inhabitants of hostile countries. 31. A victorious army appropriates all public money, seizes all public movable property until further direction by its government, and sequesters for its own benefit ^6 CHARGES OF CRUELTY, ETC., TO FILIPIjS^OS. or that of its government all the revenues of real property belonging to the hostile government or nation. The title to such real proj^erty remains in abeyance during militarj' occupation and until the conquest is made complete. 32. A victorious army, by the martial power inherent in the same, may suspend, change, or abolish, as far as the martial power extends, the relations which arise from the services due, according to the existing laws of the invaded country, from one citizen, subject, or native of the same to another. The commander of the army must leave it to the ultimate treaty of peace to settle the permanency of this change. 33. It is no longer considered lawful — on the contrary, it is held to be a serious breach of the law of war — to force the subjects of the enemy into the service of the victorious government, except the latter should proclaim, after a fair and complete oonquest of the hostile country or district, that it is resolved to keep the country, district, or place permanently as its own and make it a portion of its own country. 34. As a general rule, the property belonging to churches, to hospitals, or other establishments of an exclusively charitable character, to establishments of education, or foundations for the promotion of knowledge, whether public schools, universities, academies of learning or observatories, museums of the fine arts, or of a scientific character — such property is not to be considered public property in the sense of par- agraph 31 ; but it may be taxed or used when the public service may require it. 35. Classical works of art, libraries, scientific collections, or precious instruments, such as astronomical telescopes, as well as hospitals, must be secured against all avoidable injury, even when they are contained in fortified places whilst besieged or bombarded. 36. If such works of art, libraries, collections, or instruments belonging to a hos- tile nation or government can be removed without injury, the ruler of the conquer- ing State or nation ma}' order them to be seized and removed for the benefit of the said nation. The ultimate ownership is to be settled by the ensuing treaty of peace. In no case shall they be sold or given away, if captured by the armies of the United States, nor shall they ever be privately appropriated or wantonly destroyed or injured. 37. The United States acknowledge and protect, in hostile countries occupied by them, religion and morality; strictly private property; the persons of the inhabitants, especially those of women, and the sacredness of domestic relations. Offenses to the contrary shall be rigorously punished. This rule does not interfere with the right of the victorious invader to tax the peo- ple or their property, to levy forced loans, to billet soldiers, or to appropriate prop- erty, especially houses, lands, boats or ships, and churches, for temporary and military uses. 38. Private property, unless forfeited by crimes or by offenses of the owner, can be seized only by way of military necessity, for the support or other benefit of the army or of the United States. If the owner has not fled, the commanding officer vvill cause receipts to be given, which may serve the spoliated owner to obtain indemnity. 39. The salaries of civil officers of the hostile government who remain in the invaded territory and continue the work of their office, and can continue it according to the circumstances arising out of the war — such as judges, administrative or police officers, officers of city or communal government — are paid from the public revenue of the invaded territory until the military government has reason wholly or partially to discontinue it. Salaries or incomes connected with purely honorary titles are alwa3's stopped. 40. There exists no law or body of authoritative rules of action bet\\'een hostile armies, except that branch of the law of nature and nations which is called the law and usages of war on land. 41. All municipal law of the ground on which the armies stand, or of the countries to which they belong, is silent and of no effect between armies in the field. 42. Slavery, complicating and confounding the ideas of property (that is of a thing) , and of personality (that is of humanift/), exists according to municipal or local law only. The law of nature and nations has never acknowledged it. The digest of the Roman law enacts the early dictum of the pagan jurist, that "so far as the law of nature is concerned all men are equal." Fugitives escaping from a country in which they were slaves, villains, or serfs into another country, have for centuries past been held free and acknowledged free by judicial decisions of European countries, even though the municipal law of the country in which the slave had taken refuge acknowledged slavery within its own dominions. 43. Therefore, in a war between the United States and a belligerent which admits of slavery, if a person held in bondage by that belligerent be captured by or come as CHARGES OF CRUELTY, ETC., TO FILIPINOS. 27 a fugitive under the protection of the miUtary forces of the United States, such per- son is immediately entitled to the rights and privileges of a freeman. To return such person into slavery would amount to enslaving a free person, and neither the United States nor any officer under their authority can enslave any human being. Moreover, a person so made free by the law of war is under the shield of the law of nations, and the former owner or State can have, by the law of j^ostliminy, no bellig- erent lien or claim of service. 44. All wanton violence committed against persons in the invaded country, all destruction of property not connnanded by the authorized officer, all robbery, all pillage or sacking, even after taking a place by main force, all rape, wounding, maim- ing, or killing of such inhabitants are prohibited under the penalty of death, or such other severe punishment as may seem adequate for the gravity of the offense. A soldier, officer, or private in the act of committing such violence and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior. 45. All captures and booty belong, according to the modern law of war, primarily to the government of the captor. Prize money, whether on sea or land, can now only be claimed under local law. 46. Neither officers nor soldiers are allowed to make use of their position or power in the hostile country for private gain, not even for commercial transactions other- wise legitimate. Offenses to the contrary committed by commissioned officers Avill be punished with cashiering or such other punishment as the nature of the offense may require; if by soldiers, they shall be punished according to the nature of the offense. 47. Crimes punishable by all penal codes, such as arson, murder, maiming, assaults, highway robbery, theft, burglary, fraud, forgery, and rape, if committed by an Amer- ican soldier in a hostile country against its inhabitants, are not only punishable as at home, but in all cases in which death is not inflicted, the severer punishment shall be preferred. Section III. — Deserters — Prisoners of War — Hostages — Boot;/ on the battlefield. 48. Deserters from the American Army, having entered the service of the enemy, suffer death if they fall again into the hands of the United States, whether by caj)- ture, or being delivered up to the American Army; and if a deserter from the enemy, having taken service in the Army of the United States, is captured by the enemy, and punished by them with death or otherwise, it is not a breach against the law and usages of war, requiring redress or retaliation. 49. A prisoner of war is a public enemy armed or attached to the hostile army for active aid, wlio has fallen into the hands of the captor, either fighting or wounded, on the field or in the hospital, by individual surrender or by capitulation. All soldiers, of whatevev species of arms; all men who belong to the rising en masse of the hostile ccnrntry; all those who are attached to the army for its efficiency and promote directly the object of the war, excej^t such as hereinafter provided for; all disabled men or officers on the field or elsewhere, if captured; all enemies who have thrown aAvay their arms and ask for quarter, are prisoners of war, and as such exposed to the inconveniences as well as entitled to the I'lrivileges of a prisoner of war. 50. Moreover, citizens who accompany an army for whatever purpose, such as sutlers, editors, or reporters of journals, or contractors, if captured, may Ije made prisoners of vrar, and l)e detained as such. The monarch and members of the hostile reigning family, male or female, the chief, and chief officers of the hostile government, its diplomatic agents, and all persons who are of particular and singular use and benefit to the hostile army or its government, are, if captured on belligerent ground, and if unprovided with a safe conduct granted by the captor's government, i)risoners of war. 51. If the people of that portion of an invaded country which is not yet occupied by the enemy, or of the whole country, at the approach of a hostile army, rise, under a duly authorized levy, en masse to resist the invader, they are now treated as pul)lic enemies, and, if cajitured, are prisoners of war. 52. No belligerent has the right to declare that he will treat every caj)tured man in arms of a levy eu masse as a brigand or bandit. If, however, the peoi)le of a country, or any portion of the same, already occu- pied by an army, rise against it, they are violators of tlie laws of war, and are not entitled to their protection. 53. The enemy's cha])lains, officers of the medical staff, apothecaries, hospital nurses and servants, if they fall into the hands of the American Army, are not prisoners of war, unless the commander has reasons to retain them. In this latter 28 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. case, or if, at their own desire, thej^ are allowed to remain with their captured com- panions, they are treated as prisoners of war, and nia}^ be exchanged if the com- mander sees fit. 54. A hostage is a person accepted as a pledge for the falfUlment of an agreement concluded between belligerents during the war, or in consequence of a war. Host- ages are rare in the present age. 55. If a hostage is accepted, he is treated like a prisoner of war, according to rank and condition, as circumstances may admit. 56. A prisoner of war is subject to no punishment for being a public enemy, nor is any revenge wreaked upon him b}^ the intentional infliction of any suffering, or disgrace, by cruel imprisonment, want of food, by mutilation, death, or any other barbarity. 57. So soon as a man is armed by a sovereign government and takes the soldier's oath of fidelity, he is a belligerent; his killing, wounding, or other warlike acts are not individual crimes or offenses. No belligerent has a right to declare that enemies of a certain class, color, or condition, when properly organized as soldiers, will not be treated by him as public enemies. 58. The law of nations knows of no distinction of color, and if an enemy of the United States should enslave and sell any captured persons of their Army, it would be a case for the severest retaliation, if not redressed upon complaint. The United States can not retaliate by enslavement; theiefore death must be the retaliation for this crime against the law of nations. 59. A prisoner of war remains answerable for his crimes committed against the captor's army or people, committed before he was captured, and for which he has not been punished by his own authorities. All prisoners of war are liable to the infliction of retaliatory measures. 60. It is against the usage of modern war to 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; but a commander is permitted to direct his troops to give no quarter in great straits, v>'hen his own salvation makes it impossible to cumber himself with prisoners. 61. Troops that give no quarter have no right to kill enemies already disabled on the ground, or prisoners captured by other troops. 62. All troops of the enemy known or discovered to give no quarter in general, or to any portion of the army, receive none. 63. Troops who fight in the uniform of their enemies, without any plain, striking, and uniform mark of distinction of their own, can expect no quarter. 64. If American troops capture a train containing uniforms of the enemy, and the commander considers it advisable to distribute them for use among his men, some striking mark or sign must be adopted to distinguish the American soldier from the enemy. 65. The use of the enemy's national standard, flag, or other emblem of nationality, for the purpose of deceiving the enemy in battle, is an act of perfidy by which they lose all claim to the protection of the laws of war. 66. Quarter having been given to an enemy by American troops, under a misap- prehension of his true character, he may, nevertheless, be ordered to suffer death if, within three days after the battle, it be discovered that he belongs to a corT:>s which gives no quarter. 67. The law of nations allows every sovereign government to make war upon another sovereign State, and therefore admits of no rules or laws different from those of regular warfare regarding the treatment of prisoners of war, although they may belong to the army of a government wdiich the captor may consider as a wanton and unjust assailant. 68. ^lodern wars are not internecine wars, in which the killing of the enemy is the object. The destruction of the enemy in modern war, and, indeed, modern war itself, are means to obtain that object of "the belligerent which lies beyond the war. Unnecessary or revengeful destruction of life is not la\^'ful. 69. Outposts, sentinels, or pickets are not to be fired upon, except to drive them in, or when a positive order, special or general, has been issu(^d to that effect, 70. The use of poison in any manner, be it to poison wells, or food, or arms, is wholly excluded from modern warfare. He that uses it puts himself out of the pale of the law and usages of war. 71. Whoever intentionally inflicts additional wounds on an enemy already wholly disabled, or kills such an enemy, or who orders or encourages soldiers to do so, shall suffer death, if duly convicted, whether he belongs to the Army of the United States, or is an enemy cai)tured after having committed his misdeed. 72. Money and other valuables on the person of a prisoner, such as watches or CHARGES OF CRUELTY, ETC., TO FILIPINOS. 29 jewelry, as well as extra clothing, are regarded by the American Army as the private property of the prisoner, and the appropriation of such valuables or money is con- sidered dishonorable, and is prohibited. Nevertheless, if large sums are found upon the persons of prisoners or in their possession, they shall be taken from them, and the surplus, after providing for their own support, appropriated for the use of the army, under the direction of the com- mander, unless otherwise ordered by the government. Nor can prisoners claim as private property large sums found and captured in their trains, although they have been placed in the private luggage of the prisoners. 73. All officers, when captured, must surrender their side arms to the captor. They may be restored to the prisoner in marked cases, by the commander, to signal- ize admiration of his distinguished bravery or approbation of his humane treatment of prisoners before his capture. The captured officer to whom they may be restored can not wear them during captivity. 74. A prisoner of war, being a public enemy, is the prisoner of the government and not of the captor. No ransom can be paid by a prisoner of war to his individual captor or to any officer in command. The government alone releases captives, according to rules prescribed by itself. 75. Prisoners of war are subject to confinement or imprisonment such as ma}^ 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 may be varied during his captivity according to the demands of safety. 76. Prisoners of war shall be fed upon plain and wholesome food, whenever practicable, and treated with humanity. They may be required to work for the benefit of the captor's government, accord- ing to their rank and condition. 77. A prisoner of war who escapes maybe shot or otherwise killed in his flight; but neither death nor any other punishment shall be inflicted upon him simply for his attempt to escape, which the law of war does not consider a crime. Stricter means of security shall be used after an unsuccessful attempt at escai^e. If, however, a conspiracy is discovered, the purpose of which is a united or gen- eral escape, the conspirators may be rigorously punished, even with death; and cajDital punishment may also be inflicted upon prisoners of war discovered to have plotted rebellion against the authorities of the captors, whether in union with fellow- prisoners or other persons. 78. If prisoners of war, having given no pledge nor made any promise on their honor, forcibly or otherwise escape, and are captured again in battle after having rejoined their own army, they shall not be punished for their escape, but shall be treated as simple prisoners of war, although they will be subjected to stricter confinement. 79. Every captured wounded enemy shall be medically treated, according to the ability of the medical staff. 80. Honorable men, when captured, will abstain from giving to the enemy infor- mation concerning their own army, and the modern law of vrar permits no longer the use of any violence against prisoners in order to extort the desired information or to punish them for having given false information. Sectiox IV. — Pn pany I, Twenty- third Infantry. Alvin S. Gro.sz. Com- )any L. Nineteenth infantry. AYillie Wilson. Com- Looting from church. Murder Dishonorable dis- charge, forfeiture of pay. and 3 years' "confine- ment. Death le- 80 pany F, Forty- eiarhtii Volunteers. Thos. E. Lewis, Com- Assault Confinement for 1 month. Dishonorably dis- charged, 'forfeit- ure of pay. and 5 years' c on fine- in ent. Fine S45 and 5 months' impris- onment. do le- pany A, Forty- ninth Infantry. William Whitehead, Company L, Twen- ty-tifth Infantry. Thomas Walsh, Com- pany D. Twenty- fifth Infantry. Arthur B. Butler, Assault with knife with intent to kill. Assault, intent to rape. do Company A, Twen- ty-fifth Infantry. OFFICERS. Second Lieut. James Feb. 8, 1901 Aug. 25,1900 Improper relations with native wo- men. Permitting pillage. . Acquitted. Do. M. Dickerson, Forty-ninth In- fantrv. First Lieut. A. F. Fisk. Thirty-fifth Infantry Volun- teers. Exhibit G. In report of General Otis as military governor and commander of Eighth Army Corps, made August 31, 1899, is found the following: On page 17 in his note to Aguinaldo he says: "Permit me in conclusion, General, to bring to your attention facts of which you are doubtless ignorant, and which all connected with the American authorities, especially that vast majority who have entertained a decided and pronounced friendly interest in the Philippine people, have viewed with more or less indignation. In a number of instances kidnapping and robbery have been committed recently within the city by parties who claimed to be connected with your forces, some of whom stated that they were acting under your instructions." On page 70, referring to the formation of clubs in the city of Manila for the purpose of assassinating Filipinos known to be loyal to the United States, General Otis says: "Shortly before this time the insurgents had commenced the organization of clubs in the city, membership in which now, I was informed, amounted to 10,000. The chief organizer was a shrewed mestizo, a former close companion of Aguinaldo, by whom he had l)een commissioned to perform this work. He was a friend and asso- ciate of some of our officers; was engaged in organizing the clubs only, as he stated, to give the poorer classes amusement and education; held public entertainments in CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 45 athletics to which our officers were invited, and in which oiir soldiers were asked to participate. Gradually arms were being secretly introduced and bolos were being manufactured and distributed. The arms were kept concealed in buildings, and many of them were subsequently captured. The Chinamen were carrying on a lucrative business in bolo making; but the provost-marshal had cruelly seized con- siderable of their stock. These clubs had received military organization and were commanded by cunning Filipino officers regularly appointed by the Malolos govern- ment. The chief organizer departed after organization had been perfected and there- after became a confidential adviser in JNIalolos affairs. This organization was the subject of grave apprehension, as it was composed of the worst social element of the city, and was kept under police supervision as closely as possible. It was also dreaded by the better class of Filipino inhabitants, many of whom believed them- selves selected for assassination on account of their expressed desires for American protection." On page 80 General Otis, referring to conditions existing in Manila, says: "Subsequent to January 5, and before the President's message had been received, I was approached by influential Filipino gentlemen (through an agent, an American citizen, they fearing that their individual safety would be endangered should they call in person ) , who expressed a strong desire for continued peace and an harmonious settlement of difficulties." On page 128 a similar reference is found as follows: "Shortly thereafter the dissensions between the friendly disposed and hostile- intentioned natives became bitter and culminated in the assassination of one of the most prominent citizens simpl}^ because he advocated United States protection, and attempts were made upon the lives of a number of others who favored United States occupation." In General Otis' s report as military governor and commander of Division of the Philippines, made May 1-1, 1900, is found the following: On page 111 Major Baldwin, in a dispatch from Puncan, December 13, 1899, to the chief of staff, said: "All the officials of Nueva Vizcaya Province are honestly and sincerely desirous of peace and are thoroughlj^ glad to come under American rule. The present governor was forced to take the position by the insurgents, but still is an able man and can be used to great advantage in behalf of our Government. He has rendered gladly and zealously all possible assistance to our troops. He says the people wish for the Ameri- cans, for the insurgents robbed them of everything, forced them to contribute, killed some of their men to obtain money, and in some instances raped their women. He says the province of Isabela is very anxious to become American, and that no trouble will be experienced there except from roving bands." On page 130, General Young, in a telegram from Vigan, January 13, 1900, to the Adjutant-General, referring to the assassination of Filipinos w^ho were about to sur- render, said: "Following just received from Candon: " 'Have just intercepted message from Tinio to commander of Filipino forces near this place ordering execution of all Filipinos who surrendered themselves to Ameri- cans. Otherwise message not important. Also intercepted message from Crisanta, rebel comandante near Santa Lucia, ordering presidentes in towns of Ilocos Sur to furnish money and provisions and threatening death penalty. Am informed that party of armed insurrectos moved toward Narvacan last night. Indications point to concentration near Cobeta and Santa Maria. * ' ' * Captain Davis. > >> On page 133, General Young, from Vigan, February 3, 1901, referring to the assas sination of the presidente and a schoolmaster, said: "Captain Van Way reports from Banguedthat courier brought information that at 6 p. m., February 1, an officer and seven insurrectos entered San Jose and shot and killed Presidente Hilaron Crisologo, Schoolmaster Perfecto Cruz, and Manuel Javier, the latter having been a guide for American forces. The party then left, presum- ably to join Villamar in the mountains." On page 136, General Young, from Vigan, in a telegram to the chief of staff, refer- ring to the murder of the presidente, said: "Following just received from Laoag: "'Kegret to inform you that the presidente of Pasuquin was taken off yesterday morning and killed by a ])and of about 20 ladrones. Have two detachments after them. Hope to kill the whole band, but difficult to find. * ' * HowzE, Commanding. ' ' ' 46 CHARGES OF CRUELTY, ETC., TO FILIPINOS. On page 143, General Otis, in referring to the conditions found by General Mac- Arthur of cruelties inflicted upon loyal Filipinos, said: " His troops were very actively engaged in pursuing the remnants of Aguinaldo's northern army and the self -constituted guerrilla bands, also in giving all possible protection to the inhabitants of towns and cities against the incursions of ladrones, who plundered them without mercy, adding torture and murder when their extor- tionate demands were not promptly complied with. The wealthy inhabitants, those possessed of estates, were in a precarious condition. The scattered insurgent forces, which still retained some form of organization, called upon them for contributions to the insurgent cause, promising upon compliance to protect them from the crualties of the robber bands. They demanded of the city authorities, appointed by our own officers, the imposition and collection of taxes and the sale of insurgent cedulas for insurgent uses, on penalty of confiscation or destruction of private property. ' ' The presidente of one of the cities, wealthy in landed estates, was reported to be contributing to a leading insurgent officer who was still engaged in active hostilities. Upon investigation, his friends, who were trusted men, asserted that he could not do otherwise; that he was very anxious for the success of the American arms and the peace of the country, and was doing all he could to effect it, but that he was under painful duress and obliged to contribute of his means upon insurgent demand in order to retain any portion of his property. Thus, as was ascertained, many citizens of friendly intent were situated. It only remained to pursue effectually and to destruction all remaining insurgent organizations and bands of ladrones to insure the pacification of the country, and this policy was pursued with very satisfactory results. ' ' On page 202, General Otis, in referring to conditions at Leyte, considering a propo- sition to withdraw a portion of the troops, said: "This encouraged the enemy, influencing him to increased activity, and was the occasion for much unrest, excitement, and loss of life, which possibly might have been avoided. The inhabitants of the cities and surrounding country wished peace, the opening up of their markets, and the resumption of civil employments. They desired to have our troops among them, if in sufficient strength to protect them from the raids of the insurgent soldiers and mountain robbers. Assured that this pro- tection was sufficient for personal safety and the security of private property, and that it would be continued, they gave us every assistance in their power. The with- drawal of detachments from our troops stationed in some of the cities, in order to assist those pursuing the enemy into the interior, limited the protection necessary to be given, and enabled the insurgents to rob, impress, and murder the people living within the outlying sections of those cities, whereby the results which we sought to obtain were delayed." On page 215, General Hughes, in a telegram to Barry, referring to a plot to assas- sinate all Filipinos who befriended the Americans, said: "Angel Araneta arrived at La Carlota shortly before the breaking out of the revolu- tion there. His arrival was regarded as a sign of trouble and caused uneasiness. I had previously heard of him as a promoter of revolutions in Iloilo, although very adroitly professing friendship for Americans, as all revolutionists do. I had him watched and found he made visits to the coast shortly before the revolution broke out there. I was also informed, on good authoritj'-, that at a dinner • he said that anyone who befriended the Americans would be assassinated when the Filipinos came in power. I was also informed that he was accumulating arms at his hacienda. Thinking 'it time, in view of the serious condition of affairs, to act, and knowing his general reputation to be very bad as a revolutionist, I searched his house and found 2 rifles, 3 revolvers, 2 shotguns, 300 rounds of ammunition, and other weapons. Have kept him in confinement to help peace in this vicinity." On page 217, General Otis, in referring to conditions at Iloilo, as represented by General MacArthur, said: "The insurgents evidently had reunited in small bands and returned from the mountain country, determined to annoy our troops by surprise and ambush, if not destroy them in part, scattered as our companies now were among the more important towns of the island. They drew their subsistence, of course, from the inhabitants, whom they compelled to contribute of their scant food and also of their money and treasures. Secure concealment by the people of their personal property alone made it safe, and by furnishing information to our officers they would, if detected by the robbers, forfeit their lives." On page 222, General MacArthur, in referring to a Moro dato who had raised the United States flag and was educating his subjects to loyalty, said: "The Moro dato of that section, a man of superior natural ability and of considera- ble education acquired in Europe, had advocated United States rights and requested CHARGES OF CRUELTY, ETC., TO FILIPINOS. 47 our military occupation ever since the evacuation of the territory Idv Spain. He had raised the United States flag and had asked the permission of our officers to attack and drive out the insurgents, positive of his ability to do so without our assistance. His attitude and the close blockade maintained by the navy, which caused some suf- fering among the inhabitants for the desired articles of subsistence, was probably the chiefcause of insurgent disaffection, the stronger and prevailing faction laboring for the relief which our occupation and the consequent opening of the port for the entrance of rice and other food products would bestow. The warring of the factions was conducted without regard to humanitarian sentiments or the laws of war. A number of lives paid the penalty of their disagreements, mosth' taken through some form of assassination and very few in open combat. ' ' On page 246, General Otis, in referring to a report of General MacArthurof the conditions in Luzon, said: ' ' The character of warfare which prevailed in these four large Luzon provinces during the months of February, March, and part of April, the weakness of the enemy, the activity of our troops, the apparent rapid change in sentiment on the part of the inhabitants, as manifested by their return to their homes (which they abandoned upon our advance) so soon as we occupied the country and could give them protec- tion, and the assistance they furnished us to find, arrest, or scatter ladrones, or the small remaining insurgent bands, are shown in the foregoing copies of telegrams. The telegrams also show the severe punishments those inhabitants invited from insurgents or ladrones if discovered to have given information concerning them, a fact which the inhabitants fully realized. A few of them who gave information were assassinated; but with the establishment of town government and the appointment of native police under military supervision the confidence of the people in their per- sonal security was strengthened, and the aid they rendered the troops in their efforts to discover the places in which arms and other war material were hidden was valuable. ' ' On page 143 General MacArthur, referring to conditions at Cabaruan, said: "The thousands of people there under duress have been ordered home, and in a few days it is hoped that the excitement that has kept this part of Pangasinan in an uproar since our arrival here will subside. I shall keep two companies at Cal^aruan for the present to insure the safety of the people now there and prevent robbers from utilizing the old rendezvous from which to continue their depredations. Precisely how the religious and robber elements are combined I have not yet been able to ascertain, but it is a fact that people by the thousands have been driven into this place and treated with the most wanton cruelty. Colonel Smith saw nine women and several children who had been tortured by l)olo cuts inflicted on all parts of their bodies. It is also a fact that this part of Pangasinan has been terrorized by these people, the large town of Malasiqui being almost entirely depo})ulated in consequence of their depredations. I have now in confinement in different places between here and Dagupan six or seven desperate criminals connected with this robber organiza- tion, some or all of whom can be convicted of murder if quick trial could be had by military commission in this vicinity." In General MacArthur' s report of September 26, 1900, referring to the people at Panay and Luzon, after the loyalty of the Filipinos in Negros was made public, he says, on page 251 : ' ' The insurrectionary leaders of Panay and Luzon were furious beyond measure at the action of Xegros, and sought by every available means to bring about a rupture of relations between the United States and the people of the island. A price was put upon the heads of the members of the provisional government, a bureau for the circulation of all kinds of false information started, and earnest efforts made to create a general feeling of terrorism. The weak were bullied, the doubtful argued with, and the strong threatened. The sons of the soil dragging the plow, the women of the country chattels bearing the brand of American ownership, the churches dese- crated, their faith trampled upon, the land exploited, their heritage lost, and the people slaves constituted a motive for sorrowful jjictures which it was thought would appeal to the sentimental. The bolo and the threat were the arguments which it was expected would enforce silence if they did not induce conviction in the practical." In General 3IacArthur's report for 1901, as published in the report of the Lieuten- ant-General Commanding the Army, in part 2, referring to the claims of the Filipinos to their debt of allegiance to the Filipino cause, when inclined to be loval to the United States, he says, on pages 89-90: "To this end the leaders announced a primal and inflexil)le principle, to the effect that every native, without any exception, residing within the limits of the archi- pelago, owed active individual allegiance to the insurgent cause. This jurisdiction was enjoined under severe penalties, which were systematically enforced, not only within insurgent territory, but also within, the limits of American orarrisons. Bv 48 CHARGES OF CEUELTY. ETC.. TO FILIPINOS. means of secret committees residing in or sent to the towns, contributions of all kinds were collected and sent to the lield, and punishments, including capital execu- tions, were administered without resistance on the part of the victims." * * * * -5^ * -Jfr "The cohesion of Filipino society in behalf of insurgent interests is most emphat- ically illustrated by the fact that assassination, which was extensively employed, was generally accepted as a legitimate expression of insurgent governmental authority. The individuals marked for death would not appeal to American protection, although condemned exclusively on accoimt of supposed pro- Americanism, or give information calculated to insure their own safety, even when such procedure could easily be accom- plished by means of conference with American conmianders, who in many instances were stationed within the barrios where the victims resided.'' On the same page, 90, referring to the reason why murdered Filipinos did not openly acknowledge their loyalty to the United States, he adds: "As a consequence of centuides of monarchical colonial administration, the people of these islands are suspicious of. rather than grateful for, any declared or even prac- tical governmental beneficence, and in this particular instance they undoubtedly looked upon the lenient attitude of the United States as uidicating conscious weak- ness, which in itself was sufficient to induce grave doubt as to the wisdom of siding with such a power, especially so, as the United States had made no formal announce- ment of an mflexible purpose to hold the archipelago and afford protection to pro- Americans by proclaiming a legal and constitutional right, as well as a determined purpose, to act accordingly." On page 132, General Barry, chief of staff, in a report to his commanding general, says: "The dispersion of the troops into a great many small commands was necessary in order to afford protection to the peaceably inclined inhabitants against marauding guerrilla bands, who otherwise would have pillaged them and forced many to join their ranks, to open up the country to trade, and to enable the inaugm-ation of pro- vincial governments so far as possible. There was a general cry throughout the archipelago. ' Protect us against these guerrilla and robber bands, or we will be forced to join them and contribute to their support.' " On page 220, Lieut. Col. Thomas Allen, chief signal officer, engaged in establishing telegraph lines, referrmg to capture and murder of natives assisfing him in his work, says: "On September 10, about the same time the insurrection broke out on the adja- cent coast of Leyte, one native hneman, with his tools, was captiu-ed and probably killed, and on October 15 two more met the same fate. A fourth was captured some time after, and it became very difficult to obtain natives for that work." On pages 437, 43S the provost-marshal-general, in referring to the emplo^Tuent of natives as policemen and their intimidation, says: "The greatest obstacle to successful operations here, as elsewhere upon the islands, was the inability of Americans to get reliable information, it lieing practically impos- sible to secure it in any other way than through natives, vrho were imfriendly, or thoroughly intimidated by the insurgents, almost to an individual." In the report of the first Philippine Commission, made in January, 1900, on pages 177, 17S, referring to a report from Creneral MacArthm- on the taking of Malolos. the Commission say: ' • When General MacArthur began the movement which ended in the taking of Malolos. the natives, at the order of General Lima, fired their towns before his advancing columns. Those who were luiwilling to leave their homes were driven out by insurgent soldiers, who burned their houses. The object of this inhuman procedure was to compel the inhabitants to fiee before us, and thus prevent their learning from experience that the fearful tales concerning our soldiers, with which they had been deceived, were myths. This method of procediu'e, eminently suc- cessful at first, in the end recoiled on its authors, provoking so much opposition that the obnoxious order was revoked. 4fr ^ * * * * * "A visit to those towns at this time revealed a greatly changed public sentiment The inhabitants had neither burned their homes, nor, as a rule, abandoned them, but had quietly awaited the arrival of the American troops. Those who had remained soon learned that their confidence had not been misplaced, and those who had fled speedily returned. We found their condition to be most pitiable. They had been plundered by the insurgent troops, who had robbed them of jewels, money, clothing, and even food, so that they were literally starving. Peaceable citizens had been fired upon. Women had been maltreated, and there was general satisfaction that the Americans had come at last. CHAKGES OF CRUELTY ETC TO FILIPINOS. 49 ' ' We found them thankful for the considerate treatment they had received from our troops, and willing to aid us against the insurgents, at whose hands they had suffered so severely. They seemed, however, powerless to act on account of lack of organization, and there was a universal desire for the establishment of some form of municipal government." On page 384, of volume 2, of the same Commission's report, Benito Legardo, a witness before the Commission testified as follows: Q. "What was this kidnapping by Pio del Pilar? — A. He ordered people to be seized who favored the Americans, or even people who had strongly favored the Spanish. Some were carried away and flogged, and others were taken off in the hills and disappeared and were never heard of again. Then, the principal agitators of Aguinaldo, who were Sandico and others, established herein Manila the 'popular clubs,' which was a society similar to the Katipunans, and this society became very widespread here, and its principal object was to prevent Filipinos from getting in sympathy with the Americans. ' ' In the annual report of the Taft Commission made to the President November 30, 1900, they say of conditions generally (pp. 17 and 18): ' ' From all the information we can get it seems clear that a great majority of the peo- ple long for peace and are entirely willing to accept the establishment of a government under the supremacy of the United States. They are, however, restrained by fear from taking any action to assist the suppression of the insurrection which has for its indispensable support a conspiracy of murder. Without this, armed resistance to the United States authority would long ago have ceased. Anyone suspected of giving information to the Americans concerning the insurgents is immediately marked for assassination. The ramifications of the conspiracy are so wide that it has effected the terrorism of an entire people. It is a Mafia on a very large scale. " The difficulty the people have in communicating with the Americans because of a want of knowledge of their language, character, and customs would have a tend- ency to make them silent in any event, and when this is accompanied by the very present prospect of being abducted, boloed, or tortured if any disclosure is made, it is not remarkable that the insurgents are able to assume the role of amigos when pressed and hide themselves in barrios of the towns if driven out of the mountains where they have their headquarters. Not infrequently the municipal officers assume a double duty, one to the Americans and one to the insurgents, though this is not generally true except in those provinces near to which an active insurgent head- quarters is situated. Nor does this double part indicate that the sympathy of the municipal officer is with the insurgent, but only that punishment for failure to render service to the insurgents will be much more bloody and severe than for infidelity to the Americans and the violation of the oath of allegiance. We have already made provisions out of the public civil funds for the w^idows and children of two municipal officers assassinated by order of the insurgents for loyal civil service to the United States, and there are others with similar claims likely to seek the same relief. We do not intend to establish a system of pensions, but we think that in such cases, when clear, it is a wise public policy to give all who are risking their lives for the United States and the best interests of their country to know that in the unfortunate case of their murder their families will be taken care of by a grateful Government." In the report of the Taft Commission, so called, to October 15, 1901, in Part I, on page 57, referring to the matter of organizing the Philippine constabulary, they say: "The Commission further directed attention to the fact that the masses of the people were anxious for peace and quiet and ready to accept American sovereignty, but as matters then stood they were terrorized and often forced into an attitude of hostility which they did not feel, and that organizing troops and police from their own people would inspire them with confidence and courage and convince them that they could best protect themselves by actively aiding the civil and military author- ities. The objection made as to the loyalty and effectiveness of native troops and police was discussed and the conclusion reached that it was without foundation." On page 163, Dr. T. H. Pardo de Tavera, referring to the organization of the Loyal Federal party, says: "The first demonstration of material importance made by the party was held when the Civil Commission made a trip through the provinces of Pampanga, Tarlac, and Pangasinan, where persons representing the most distinguished elements of those provinces for the first time made a public expression of their sympathy, confidence, and adherence to the sovereignty of the United States. Such demonstrations were of great value, for, besides revealing in the Philippines a new sentiment, they served to convince the rest of the Filipinos that it was already possible, without endangering life, to express allegiance to the new sovereignty. Terror had reigned in those very S. Doc. 205, pt 1 4 50 CHARGES OF CRUELTY, ETC., TO FILIPINOS. provinces until a short time prior hereto, because natives who had shown they were partisans of the Americans, and who expressed their ideas in public, were cruelly assassinated in their own homes or kidnaped with their families, to be sacrificed in a manner as cruel as it was barbarous. ' ' In part 2 of the report of the Philippine Commission for 1901, on page 169, Sefior Victor, presidente of Catbalogan, in an address before the Commission, when consid- ering the organization of a provincial government in Samar, said: "The efforts made by those who desired peace to bring about an end of the struggle were without avail, and recommended that more soldiers be sent to the island and that every town be garrisoned. Being asked if the people were ready to help the Americans, he said that some of them were, and that others were only awaiting the arrival of American troops to proclaim themselves in favor of law and order." On page 176, of same part, Seiior Kamon Morales, of Tabaco, in the matter of cre- ating a provincial government in Albay, claiming that his town should be designated as its capital, said: "As one reason, that the people of that district, prior to the coming of the Ameri- cans, held a meeting to discuss what their attitude should be, and they decided to accept the American sovereignty. This they had done consistently, though suffer- ing many persecutions and losses because of the position taken so early by them. He thought they should be given the capital in recognition of this stand taken by them. The speaker also referred to the disturbing Tagalog element in the province, which was, he said, the cause of all their woes." [Extract from "Operations in the Department of Northern Luzon," from, report of Maj.-Gen. Loyd Wheaton, commanding department, dated Manila, P. I., June 30, 1901.] In the nipa swamps, about the northern shore of Manila Bay, robbers and assas- sins were under Torres endeavoring to maintain themselves. In the provinces of Morong and Infanta bands of outlaws were in the mountains. The continued resist- ance to the authority of the United States was maintained by the leaders of the insurrection through a system of terror by assassination. All suspected of willing- ness to accept American occupation were, by the orders of these chiefs of assassins, doomed to death inflicted by executioners who lurked in the immediate vicinity of the towns occupied by our forces and murdered men and women and, in some instances, children, these murders being perpetrated with circumstances of great cruelty. An organization of the society of the Katipunan was discovered to exist through- out the department, the object of this secret society being the assassination of all Americans and the murder of all men, together with their families, who are friendly to Americans. The operations of the guerrilla bands were mainly confined to attacking stragglers and small detachments or in firing at night into the towns occupied by our forces. The troops throughout the department were all kept actively employed in the endeavor to exterminate guerrilla bands and in the arrest of the many murderers. Murderers were arrested and, after their trial and conviction, were sentenced and executed. INIore than 2,000 robbers, thieves, and violators of the laws of war were duly tried and then imprisoned upon conviction. Unexampled patience was exercised throughout the department in the treatment of these savages, habitually violating all the laws of war as known to civilized nations, and the humanity of the troops engaged in bringing order out of a chaos of robbery, rapine, and murder has no parallel in the history of dealing with Asiatics. (Vide page 6, part 3, report of the Lieutenant-General Commanding the Army, 1901. ) [Extract from report of Brig. Gen. J. F. Bell, commanding First District, Department of Northern Luzon. Part 3, Report of Lieutenant-General Commanding the Army, 1901, pp. 34, 35.] I have been in Indian campaigns where it took over 100 soldiers to capture each Indian, but the problem here is more difficult on account of the inbred treachery of these people, their great number, and the impossibility of recognizing the actively bad from the only passively so. If it was deemed advisable to pursue the methods of European nations and armies in suppressing rebellions among Asiatics, the insur- rection could have been easily put down months ago; even now, although the seeds of rebellion have permeated all classes, such methods would soon put an end to all active insurrection. ^ * -X- -X- 4«- ^ * On January 10, five ]:)odies of native scouts, who, with 1 soldier of the Fifth Infan- try, were taken prisoners in a barrio of Batac, January 1, were found east of Batac. The heads, legs, and arms had been cut off, and the bodies otherwise mutilated. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 51 One white soldier named Lyons, Company K, Fifth Infantry, after having been taken prisoner, was cut with bolos and was left for dead on the field. He revived and was able to crawl to a shack when night came on. Information was given to a local leader, and he was again taken prisoner and murdered. [Extract from ''Report of operation? in Third District, Department of Northern Luzon," report of Brig. Gen. J. H. Smith. U. S. Army, commanding, on p. 113 of part 3 of Report of the Lieutenant- General Commanding the Army, 1901.] In Pangasinan particularly the local military authorities have been remarkably successful in running down the criminals who have been running at large during the insurrection; in fact, many of the most atrocious crimes of kiduaj^ing and murder were committed under the guise of assisting insurgent operations. Thirty-six in all of these criminals, including the notorious insurgents Vicente Prado, Inocencio Prado, and Francisco Ramos, have paid the death penalty for their barbarous crimes, and many more have been sentenced to various terms of confinement, ranging from two years to imprisonment for life. The work performed by the officers who, under many difficulties and with remarkable patience, investigated these cases and prepared the charges, by the natives who at first unwillingly but later freely gave the neces- sary information, by the commissions which tried them, has been of infinite value in bringing about the present quiet and peaceful condition of the district, and scarcely less value is to be attached to the work of the provost courts which have handled the vast numbers of less serious cases. [Extract from "Reports of operations in the Second District. Department of Southern Luzon. From report of Brig. Gen. Robert H. Hall, U. S, Army, commanding, p. 269, part 3, Report of the Lieutenant-General Commanding the Army, 1901.] September 1. Salvador Reyes, ^^ce-presidente of Santa Cruz, Laguna, murdered. This was the third attempt to assassinate him. Two of the supposed assassins killed while attempting to escape. [Extract from " Operations in the Third District, Department of Southern Luzon, January 1 to March " 5, 1901." From the report of Maj. James A. Shipton Forty-seventh Infantry, U. S. Volunteers, commanding the post at San Jose de Lagonoy, dated February 1, 1901, on p. 419, part 3, Report of the Lieutenant-General Commanding the Army, 1901.] The presidente of Tigaon is very unsatisfactory to me, and I am credibly informed that my predecessor was of the same opinion. The town is the least friendly of any in the district, the streets are abandoned, municipal affairs are neglected, the tribunal, formerly a fine building, is in ruins, and the presidente can be found at any hour of the day or night gambling with all comers, among them sometimes soldiers. The wife of Felis Plaso came into the town and reported to the presidente, who said noth- ing about it. Plaso himself is thought to be in the neighborhood. He is one of the men who ordered the body of Sergeant Huey, of the Fortieth Infantry, U. S. Volun- teers, to be disinterred and burned; and Warciso Jallores, another man who took a leading part in this barbarity, is also near Tigaon. His accounts are manifestly not correct, and I am investigating them with a view to his trial. [Extract from "Operations in the Third district. Department of Southern Luzon. January 1 to March 5. 1901." (From report of Brig. Gen. James M. Bell, commanding, p. 440 of part 3, Report of the Lieutenant-General Commanding the Army, 1901.)] [Inclosure 60.] On February 28, 1901, Corporal Merkel and 6 men. Company F, Forty-seventh Infantry, U. S. V., left Daraga at about 8.30 a. m., and scouted to the north as far as Buctong in search of bolomen who had waylaid and cut the eyes out and ear off of a native. Two prisoners were taken in Buctong and identified as the parties who had maltreated said native. Returned to Daraga at about 11.30 a. m. Distance marched about 8 miles. Thomas P. Murphy, First Lieutenant, Forty-seventh Infantry, U.S. V., Commanding Company F. [Extracts from "Reports of operations in the Fourth district. Department of Southern Luzon." (From report of Capt. Devereux Shields, Twenty-ninth Infantry, U. S. Volunteers, p. 456 of part 3, Report of the Lieutenant-General Commanding the Army, 1901.) ] On September 15, I offered Abad 820 each for the delivery of my dead at Santa Cruz, which he refused to do. I was recently informed by William Huff, an Amer- ican negro who was with me in the capacity of servant during the expedition, that he had seen the enemy mutilate the body of one of our dead, and probably this fact caused Abad to refuse my offer. 52 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. [Memorandum for the Secretary of War, by Clarence R. Edwards, chief of division of insular affairs.] In the first part of December, 1900, the civil governor of the PhiUppine Islands made the following request to the military governor: Manila, December 3, 1900. Maj. Gen. Arthur MacArthur, U. S. Volunteers, Military Governor in the Philippine Islands, Manila. Sir: I am directed by the Commission respectfully to request that, if not inconsis- tent with the public interest, a circular letter be sent through the ordinary military channels to all commanders of army posts making an answer to the following ques- tions: First. How many natives have been assassinated for suspected sympathy and assist- ance rendered to the American cause within your jurisdiction? Second. How many persons have been assaulted for the same reason ? Third. How many of those persons killed under the circumstances mentioned in the first question were municipal officers? Fourth. How many persons assaulted under the circumstances mentioned in the second question were municipal officers? I have the honor to be, very respectfully, your obedient servant, Wm. H, Taft, President. The folloW'ing responses to the four questions were received by officers in whose jurisdiction assassinations and assaults have been made: Col. S. S. Sumner, commanding first district. Department of Southern Luzon, under date of Santa Ana, Manila, January 4, 1901, incloses reports from all the stations in his district and gives a compilaton of the same as follows: Natives assassinated for sympathizing wdth Americans 14 Natives assaulted for sympathizing with Americans 104 Assassination of municipal officers 1 Assaults upon municipal officers ->.. 1 The following details are noted from the reports of the subordinate officers in this district: At Bacoor the vice-presidente was killed. Two natives living in or about Alfonso, named FaustinoVidaldon and Manuel , were assassinated for having acted as guides to our forces. Col. C. C. C. Carr, commanding the Fourth Cavalry in this district, reports from Pasay that one man, named Marcello Bias Versaval, who was employed as a tailor by Troop E, Fourth Cavalry, was' assassinated October 3, 1900, because he refused to rejoin the insurgents, whom he had abandoned some months before. Also that one Eulalio Santiago was reported to have been buried alive at some place in the vicinity of Pasay cavaby barracks, on or about October 6, 1900, because he persisted in accepting employment from the United States quartermaster's department as an overseer of laborers in violation of the orders issued by the chiefs of the insurrection. Brig. Gen. Robert M. Hall, U. S. Volunteers, commanding second district, Depart- ment of Southern Luzon, forwards from Calamba, P. I., January 12, 1901, reports from stations in his district which may be summarized as follows: Natives assassinated for sympathizing with Americans (1 Chinaman) 17 Natives assaulted for sympathizing with Americans 106 Assassination of municipal officers 3 Assaults upon municipal officers 12 The following details are noted from the reports of the subordinate officers in this district : At Los Banos, Sefior Quisumbang, secretary to the presidente, and three police- men appointed by the presidente were assassinated. Under the jurisdiction of the provost-marshal of Manila, Lieut. Charles R. Trow- bridge, in charge of the department of secret service of Manila, reports under date of December 14, 1900, as follows: Natives assassinated for sympathizing with Americans 5 Natives assaulted for sympathizing with Americans (one of them was assaulted twice) 3 Assassination of municipal officers 4 Assaults upon municipal officers 3 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 53 In addition, Lieut. Col. W. E. Wilder, Forty-third Infantry, superintendent of police of the city of Manila, under date of December 21, 1900, reports to the provost- marshal the following: Natives assassinated for sympathizing with Americans 10 Natives assaulted for sympathizing with Americans 3 Assassination of municipal officers 4 Assaults upon municipal officers 3 The commanding officer first district, Department of Northern Luzon, trans- mitted reports of subordinate commanders showing — Natives assassinated for sympathy with Americans (also 4 Chinamen) 100 Natives assaulted for sympathy with Americans 40 Assassinations of municipal officers 26 Assaults on municipal officers (besides 5 kidnaping cases) 7 The following extracts from reports covering this district give the details: Col L. W. y. Kennon, Thirty-fourth JJ. S. Volunteer Infantry, reporting from Laoag, under date of December 30, 1900, states: "About the middle of January, 1900, Francisco Madrid and 8 Ilocanos were murdered by Tagalogs under a Captain Hernandez between Puncan and Garanglan, province of Nueva Ecija, for having assisted the American forces. "In July, 1900, 1 man and 3 women, all Ilocanos, were tortured and left for dead near Calipan, barrio of Talavera, for friendliness to Americans. Three died, but one woman was rescued, and with medical attendance in hospital at Cabanatuan recovered." Lieut. Frank L. Case, Thirty-third U. S. Volunteer Infantry, reporting under date of December 21, 1900, from Angaqui, states: "One native only has been assassinated within this jurisdiction for any cause that could be attributed to sympathy for the American cause, and this was a doubtful case." Capt. Wm. H: C. Bowen, Fifth U. S. Infantry, reporting from Batoc, Ilocos Norte province, under date of December, 1900, says that 1 native and 4 Chinamen were assassinated in January, 1900; 2 natives had been assaulted, 1 municipal officer assass- inated and 1 assaulted. Lieut. E. G. Davis, Fifth U. S. Infantry, reported under date of December 24, 1900, from Paoag, Ilocos Norte province, stated that the following were assassinated: Antonio Pobre, Mariano Dias, Juan Sadomiano, Cleto Pacada, Maxiamino Eanaga, Ilario Dias, Cecilio Baetteong, Leoncio Blanco, Pedro Saymo, Vidal Clemente, Lino Magamaspad, Eusebio Cabuntasan. Maj. S. M. Swigert, Third L^. S. Calvary, reporting from Namacpaean, under date of December 25, l900, states: "One councilman, who was a cabeza de barrio, killed for assistance rendered. Nine men killed by insurgents for suspected assistance and sympathy." Major Swigert also reported that at Balaoan there had been "1 scout and 2 policemen killed for assistance rendered; 4 men killed for suspected sympathy." He also states that of those reported below from Bangar, "3 men — presidente local, delegarde de justicio, and industrial — were killed for suspected sympathy; 1 policeman, 4 scouts, and 1 boy killed for assistance rendered." Maj. H. P. Kingsbury, Third L". S. Cavalry, reporting under date of December 20, 1900, from Badoc, province of Ilocos Norte: "Eight natives have been assassinated; 4 natives have been assaulted and wounded; 2 policemen killed; 2 policemen assaulted; 5 policemen have also been carried off to the mountains." Capt. F. H. Hardie reported from Cabagoo, province of Ilocos Sur, under date of December 23, 1900, that one native who was friendly to the Americans had disap- peared, his bodv was not found, and the natives believed that he was done awav with. Col. Richard Comba, Fifth U. S. Infantry, under date of December 2i, 1900, reported from Bangued, Abra province, that 14 natives had been assassinated for sus- pected sympathy and assistance rendered the American cause, viz: Bernado Dama- mal, Dimas Bahias, Carlos Biloy, Sinfaroso Espejo, Pedro Blanes, Calizto Santa Maria, Gregorio Balamseda, Mariano Bandarel, Benito Espejo, Efipana Bacarile, Calizto Banderal, ^Maximo Belasco, Julio Balencia, Pauciano Bringinas. One was assaulted. Eight of those killed were policemen, and one the head of a barrio. Maj. J. C. Chance, Fifth U. S. Infantry, reported under date of December 18, 1900, from Bucay, that 1 native had been assassinated for being in sympathy with or ren- dering assistance to the American cause, and 1 native assaulted for the same reason. Lieut. H. C. Price, Fifth U. S. Infantry, reported from San Jose, under date of December 18, 1900, that Perfecto Cruz, school-teacher; Hilario Crisologo, presidente, and Manuel Tavier, director, were killed for refusing assistance to the insurgents. 54 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Brig. Gen. S. M. B. Young, commanding the first district, Department of North- ern Luzon, reported on December 21, 1900: "On September 2, 1900, Justo Sonido, who had been appointed justice of the peace at Cabugao, appeared before the judge of the court of first instance in Vigan and took the oath of office. When he arrived at the bridge near San Ildefonso, on the same date, he was taken by a lot of scoundrels who called themselves insurgents, and, it is supposed, murdered him, for he has never been heard of since. His offense was accepting office under the United States Government." Lieut. Richard P. Cordill, Thirty-third Infantry, U. S. Volunteers, reported from Santo Domingo, under date of December 19, 1900, that the acting presidente of that municipality was assaulted and badly injured with bolos. Maj. Wm. A. Shunk, Thirty-fourth Infantry, U. S. Volunteers, reported under date of December 24, 1900, from Piddig, that 2 natives had been assassinated for openly expressing their sympathy \vith the American cause within the limits of that jurisdiction. Captain Grant, Forty-eighth Infantry, U. S. Volunteers, reported on December 20, 1900, from Rosario, that 2 natives, 1 a presidente, had been assassinated, and 2 natives, 1 likewise a presidente, had been assaulted. Lieut. Wm. H. Allen, Forty-eighth Infantry, U. S. Volunteers, reported from Bangar, on December 22, 1900, that 9 natives had been assassinated, and 30 persons or more assaulted for suspected sympathy and assistance rendered the American cause. Three of those killed and 2 of those assaulted were municipal officers. The following is a summary of the answers made by the several commanders of stations in the Third district, Department of Northern Luzon: Natives assassinated for sympathizing with Americans 106 Natives assaulted for sympathizing with Americans 131 Assassination of municipal officers II Assaults upon municipal officers 15 The following extracts are quoted from the reports of the station commanders above referred to: Lieut. "W. N. Hughes, jr.. Thirteenth Infantry, Alava, P. I., under date of Decem- ber 21, 1900, states that while no natives had been assassinated, 6 persons were sequestered in September, 1900, and that they had not been heard of since then. Two of this number were municipal officers. He further states that the presidente, tieniente of police, and secretaries would undoubtedly have been killed if they had not been rescued by a squad of soldiers twenty minutes after their capture. When rescued they were securely bound and were preparing to be hacked with talihones and buried alive, because they had surrendered three rifles to us and were considered friendly with us. The other two municipal officers, who were sequestered Septem- ber, 1900, have never been heard from. John W. Bubb, lieutenant-colonel Twelfth Infantry, writes from Tarlac, P. L, under date of December 19, 1900, as follows: "It is believed that there have been many cases of assault and even killing of natives by others for real or suspected friendship to the Americans in this subdis- trict. But conditions that existed in the past and still exist in a large measure pre- vent our having knowledge on the subject. Fear is the predominating element of control over natives, and insurgents, ladrones, and their sympathizers exercise it to such an extent over neutral and friendly natives that information of misdeeds is very hard to obtain." Lieut. George H. Shields, Twelfth Infantry, provost marshal, Tarlac, P. I., under date of December 18, 1900, states that while it has been impossible for him to obtain any actual information owing to the short time since the Twelfth Infantry occupied the pueblo of Tarlac, from hearsay 3 natives have been assaulted for suspected sym- pathy and assistance rendered to the American cause. The commanding officer at Cuyapo states that ' 'no natives are known to have been assassinated for friendship to the United States; 1 has disappeared, and it is rumored that he has been assassinated for that reason." Capt. R. K. Evans, Twelfth U. S. Infantry, commanding at Moncada, reports that Presidente Placido Cucliapian M'as fired on by Gregorio Vallero November 11, 1900, presumably because Cucliapian held office under the American Government. Maj. J. W. Duncan, Thirteenth Infantry, commanding at Binalonan, under date of December 29, 1900, reports that 2 natives who acted as guides to part of General Lawton's command from Binalonan to Pozzorrubio, November, 1899, and 4 natives, in February last, who depended upon Americans to protect them in refusing to con- tribute supplies to a so-called insurgent band, had been assassinated. He also states that 1 native was killed and 1 left for dead by a band of outlaws, who accused the 2 of being spies to the Americans. CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 55 He further states as follows: "When the 4 natives were killed, in February, as above noted, assault was made on the people in a cluster of houses in the barrio of Aruas. AVhile the band of insurrectos seemed to want to kill the men, only they beat a number of women, probably in the endeavor to get them to tell where their husbands were." Lieut. Hector A. Rochiben, Thirteenth Infantry, commanding at Mangaldan, reports, under date of December 29, 1900, as follows: "Although no absolute proof, 5 of the people murdered in the town since the American occupation are supposed to have been murdered for suspected sympathy or assistance to the American cause." Capt. Edgar W. Howe, commanding at Camiling, Tarlac, reports that in addition to the 13 natives given as assassinated, 5 disappeared because of suspected sympathy to the American cause, and that 2 members of the police force had also disappeared. Capt. Robert W. Barnett, commanding at San Jacinto, reports, under date of Decem- ber 31, 1900, that in addition to 5 natives murdered for sympathy to the American cause, 2 were carried away and heard from no more. Of the 2 persons assassinated at Cabangan, 1 was a municipal officer and the other was a member of the pohce force, while I of those assaulted was a sergeant of police. Reports from the Fourth district, Department of Northern Luzon, show: Natives assassinated for sympathy with Americans 7 Natives assaulted for sympathy with Americans 16 Municipal officers assaulted 3 The following extracts from reports covering this district give the details: Maj. Joseph "Wheeler, jr., Thirty-fourth Infantry, reports from Capan, under date of December 28, 1900, that 1 man had been held a prisoner by the insurgents on account of sympathy with or assistance rendered Americans. Lieut. L. L. Deitrick, Thirty-fourth Infantry, reports from Penaranda, under date of December 18, 1900, that the alcalde of the pueblo was assaulted for suspected sympathy with Americans. Capt. R. L. Hamilton, Twenty-second U. S. Infantry, reports from San Antonio, under date of December 26, 1900, that the following-named natives have been assas- sinated for suspected sympathy and assistance rendered the American cause: Alvina Pas, Balthazar Nasa, Luncinda Villaforte, Emiterio Romero. He also reports that 13 natives had been assaulted for the same reason. Lieut. L. A. Curtis, Twenty-second L". S. Infantry, reported from Santa Rosa, under date of December 31, 1900, that since his arrival at that place, September 29, 1900, none had been killed, but that "the vice-presidente of the pueblo was taken from his house one night in November and dragged several miles into the country by masked men and harshly treated. This was because of refusal to contribute funds and of loyalty to the Americans." Lieut. David P. Wheeler, Twenty-second Infantry, reporting from the post of Jaen, Neuva Ecija Province, under date of December 23, 1900, states: "There have been two natives assassinated in this vicinity for assistance rendered to the American cause. ' ' Capt. J. F. Kreps, Twenty-second V. S. Infantry, under date of December 23, 1900, reports from San Isidro: " Eduardo Bantug disappeared about one month ago, and it is now believed that he has been assassinated for suspected sympathy with the Americans." The following is a summary of the answers made by the several commanders of stations in the fifth district, Department of Northern Luzon: Natives assassinated for sympathizing with Americans 77 Natives assaulted for sympathizing with Americans 36 Assassination of municipal officers 17 Assaults upon municipal officers 6 The following extracts are quoted from the reports of the station commanders above referred to: Lieut. R. R. Stogsdall, Third Infantry, commanding at Lolomboy, reports under date of December 10, 1900, that the presidente of Bocaze was assassinated on account of his sympathy with the Americans. Capt. A. Williams, Third Infantry, commanding at San Fernando, reports un- der date of December 12, 1900, that the alcalde of Angeles, Florentina Paminapuan, a rich man, had been formerly carried away and required to pay a ransom of 9,000 pesos. Capt. W. C. Buttler, Third Infantry, commanding at Apalit, reports under date of December 11, 1900, that 2 natives, Francisco Salaveria and Telesforo Ponce, were assassinated for suspected sympathy and assistance to the American cause. These men, he states, had given information against the insurgents and thieves to the com- manding officer of the United States troops 56 CHAEGES OF CKUELTY , ETC., TO FILIPINOS. Lieut. J. T. ]Moore, Third Infantry, commanding at Maycauayan, reports under date of December 10, 1900, that "two natives who acted as guides for American troops of this place disappeared afterwards, one in April and the other September 25, this year, and rumors indicate that they were killed." Lieut. John M. Shook, Twenty-second Infantry, commanding at Pilar, reports under date of December 11, 1900, that in addition to the one native reported assassi- nated, one had been kidnapped and that one native policeman hai been assassi- nated. Major C. E. Cabell, commanding at Dinalupigan, Batann, under date of December 13, reports as follows: "There have been natives assassinated for suspected sympathy and assistance ren- dered to the American cause within jurisdiction of this post according to my best information, though the following natives have disappeared from this post and it is believed they were forcibly taken away by insurrectos: Roman Mendoza, barrio Dagat Dagatanm, disappeared while searching for a cannon in mountains April 28, 1900; Alejandro de la Cruz, Dinalupigan, disappeared while acting as messenger to Balanga, September 7, 1900; Vicente Lapan, telegraph lineman, disappeared Decem- ber 2, 1900, having gone ahead of detail contrary to orders," Captain Griffith, commanding at Hermosa, reports under date of December 16, that of the 6 natives reported assaulted, 2 of them were captured and have never since been heard from, and that of the 3 persons reported assassinated, 2 were police- men, and the third was a son of a policeman and a boy. The two natives reported assaulted by Capt. W. R. Standiford, Forty -first Infantry, commanding at Bacolor, were named Ignacio Mendoza, barrio de Concepcion, and Benito de Jesus, barrio de Patrerio. Capt. John H. Boston, jr.. Forty-first Infantry, commanding at Magalang, under date of December 15, 1900, reports as follows: ' ' Pedro Perez, killed by soldiers of Elias Pacson, at barrio Dapdap, about June 15, 1900. Angel Torres, killed at barrio Bical, about August 10, 1900, by soldiers of Gregorio Lasamani. Domingo Suma, killed at barrio San Jose Molina, about Novem- ber 8, 1900, by Lorenzo Camaya. None of these natives were municipal officers, but were killed for giving information." Capt. Fred L. Davidson, Forty-first Infantry, commanding at Santa Ana, reports under date of December 12, 1900, that "in the month of January, 1900, Alberto Borja, a native, was killed in San Pablo, a barrio of the municipality, by parties unknown, for being suspected of spying in interest of the United States forces." He further reports that "in January, 1900, Inocencio Cunanan and son, Felipi Cunanan, natives of Santa Ana, who were working in Lackmit, barrio of Arayat, were taken to the mountains by Lieut. Eurojio Gamboa (now dead) by General Alejandrino's order and assaulted for being suspected of spying in the interest of United States forces. In April, 1900, Leoncio de Onjio, lieutenant, of San Pablo, was assaulted by Major Camaya, in San Pablo, a barrio of this municipality, for being suspected of spying in interest of United States forces. In June, 1900, iVngel Lancangan, lieu- tenant, of barrio San Jose, was taken to the house of Alejandrino and then to Mount Arayat, where he was threatened with death until he paid the sum of $1,500 ]Mexi- can currency. Lancangan paid this amount to escape death and was then liberated." Capt. T. C. Siviter, Forty-first Infantry, commanding at Mexico, reports under date of December 16, 1900, that in addition to those reported as assassinated and assaulted "there may have been more, and probably were, as it is commonly reported that Camaia has killed and robbed a great many natives, though those reported are all that can be traced back to the reason given." Capt. James Clark, Forty-first Infantry, commanding at Candaba, reports under date of December 11, 1900, in answer to the first question, as follow^s: " First. Two men have disappeared; both were friendly to Americans, one being the father of an interpreter and the other a policeman. No trace of either has been found. The body of one woman with the throat cut was found in the river. She was known to be friendly to the Americans." The commanding officer, sixth district. Department of Northern Luzon, transmitted reports from that district, showing: Natives assassinated for sympathy with the American cause 14 Natives assaulted for sympathy with the American cause 3 Municipal officer assassinated 1 The following extracts from reports from this district give the details: Lieut. Col. John H. Beacom, Forty-second Infantry, U. S. Volunteers, reported under date of December 15, 1900, from Malabon, stating: "Seven natives had been assassinated and two assaulted." He adds: "I am of the opinion that there have been many cases of assault that were not reported." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 57 Capt. D. T. H Casteel, Twenty-seventh Infantry, U. S. Volnnteers, reported f^-om ]\Iontalban, nnder date of December 15, 1900, regarding those assassinated for sym- pathy with the Americans: " None definitely. One probably, he having disappeared after acting as guide." Capt. C. 8. Burns, Forty-second Infantry, U. S. Volunteers, reported on December 11, 1900, from San Felipe, that a native named Bengino was assassinated early in 1899. Lieut. Charles H. Roessing, Forty-second Infantry, U. S. Volunteers, on December 18, 1900, reported from Taytay that 1 native had been assassinated and 1 assaulted for sympathy with the Americans or assistance rendered them. Col. Albert S. Cummins, Twenty-seventh Infantry, U. S. Volunteers, reported under date of December 14, 1900, from San Mateo: "Number killed 5. Victorino Rodriguez and Gregorio del Rosario, natives of San Mateo, were suspected of being in the American secret service. They disappeared in March, 1899. It was afterwards learned that they w^ere killed by the insurgents in the hills north from Montalbon where the}' had gone to look after some of their land. Euaristo Soto, native of province of North Ilocos, killed about February, 1900, for suspected sympathy with American cause. Senor Jose Monojan and Marcelo Cayetano, his servant, were killed near San Mateo in March, 1900. It is not posi- tively known, but it is believed they were killed for being friendly with the Ameri- cans. Of the killed Senor Jose Monojan was the vice-presidente of San Mateo." NOTE. The remainder of this document, consisting of Exhibit G, part 2, Trials of Fili- pinos by Military Commission forcruelty against Filipinos January 1, 1900, December 31, 1901, and Exhibit G, part 3, Trials of Filipinos by Military Commission for (iruelty against soldiers January 1, 1900, December 31, 1901, will be printed as Senate Document 205, part 2. o S. Doc. 205, pt 1 5 67th Congress, [ SENATE. . J Doc. No. 205. 1st Session, \ \ Part 2. CHARGES OF CRUELTY, ETC., TO THE NATIVES OF THE . PHILIPPINES. XETTER FROM THE SECRETARY OF WAR RELATIVE TO THE REPORTS AND CHARGES IN THE PUBLIC PRESS OF CRUELTY AND OPPRESSION EXERCISED BY OUR SOLDIERS TOWARD NATIVES OF THE PHILIPPINES. February 19, 1902. — Ordered to be printed as a document. [COISTTINXJED.] Exhibit G. (Part 2.) Trials of Filipinos by military commission for cruelty against Filipinos — January 1, 1900- December 31, 1901. Headquarters Division of the Philippines, Manila, P. /., April 13, 1900. General Orders, No. 5. I. Before a military commission which convened at Tarlac, P. I., March 16, 1900, pursuant to paragraph 1, Special Orders, No. 33, February 2, 1900, Headquarters Department of the Pacific and Eighth Army Corps, and of which Lieut. Col. Charles F. Robe, Se^'enteenth United States Infantry, was president, and Capt. Frank L. Dodds, Ninth United States Infantry, was judge-advocate, were arraigned and tried: Silvestre Tarug, a native; Joaquin Pider, a native; and Pascual Gutierres, a native. Charge I. — "Murder" (four specifications). Charge II. — "Robbery" (four specifications). Pleas. — To the charges and specifications the accused, and each of them, pleaded "not guilty." Findings. — Of specification 1, charge I, "guilty," except the words "shooting," "a rifle," and "Silvestre Tarug," substituting therefor the words "cutting and stab- bing," "bolos," and "Joaquin Pider and Pascual Gutierres;" of the excepted words, "not guilty," of the substituted words, "guilty." Of specification 2, charge I, "guilty," except the words "abolo," and substituting therefor the word "bolos," and inserting after the words "Joaquin Pider" the words "and Pascual Gutierres;" of the excepted words "not guilty," of the substi- tuted and inserted words, "guilty." Of specification 3, charge I, "guilty," except the words "a bolo," and substituting therefor the word "bolos," and inserting after the words "Pascual Gutierres" the words "Joaquin Pider;" of the excepted words "not guilty," of the substituted word and inserted words "guilty." Of specification 4, charge I, "guilty," except the words "shooting and" and "rifies and;" of the excepted words "not guilty." Of charge I, "guilty." Of specifications 1 and 2, charge II, "not guilty." Of specification 3, charge II, "guilty." Of specification 4, charge II, "guilty," except the words "Emilio Asuncion," substituting therefor the words "Olimpia Cortes;" of the excepted words "not guilty," of the substituted words, "guilty." Of charge II, "guilty." 2 CHARGES OF CRUELTY, ETC., TO FILIPIXOS. Sentence. — And the commission does therefore sentence Joaquin Pider and Pas- cual Gntierres, natives, and each of them, "'to be hanged by the neck until each of them be dead, at such place and time as the reviewing authority may direct, two- thirds of the members concurring therein;" and Silvestre Tarug, native, "to be confined at hard labor, at such place as the reviewing authority may direct, for twenty years."' II. In the foregoing cases of Silvestre Tarug, Joaquin Pider, and Pascual Gutierres, natives, the evidence shows that these three accused, with a band of Negritos, armed with a rifle, bolos, and bows and arrows, entered the barrio of Dayacdac, pueblo of O'Donnell, province of Tarlac, P. I., on or about February 16, 1900, and murdered seven natives, including one woman. The established motive of the crime was rob- bery. The two accused who have received sentences of death, Joaquin Pidet and Pascual Gutierres, are shown by the evidence to have tied up two of the victims of this murderous assault, and, compelling them to lie on the ground, chopped them with bolos, in this way causing their death. The third accused, Silvestre Tarug, who has received sentence of imprisonment for twenty years, is shown to have been pres- ent with this band, aiding and abetting these raurders. The remarks of the reviewing authority in the case of Antonio Morales and Faus- tino Gonzalez, published in Cieneral Orders, No. 16, March 8, 1900, Headquarters Department of the Pacific and Eighth Army Corps, apply in this case. The crimes alleged w^ere committed by a band of native outlaws against fellow-natives and under circumstances of peculiar atrocity, unworthy of even a moderate degree of civilization. The sentences are approved. The sentences of death by hanging, awarded Joaquin Pider and Pascual Gutierres, will be duly executed at the pueblo of O'Donnell, prov- ince of Tarlac. P. I., on April 27, 1900, under the direction of the com.manding general of the Department of Xortheirn Luzon. The sentence of confinement, awarded Silvestre Tarug, will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-Cieneral Otis: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., April 28, 1900. General Orders, Xo. 10. Before a military commission which convened at Bautista, Luzon, P. I., pursuant to paragraph 1. Special Orders, Xo. 33, February 2, 1900, Headquarters Department of the Pacific and Eighth Army Corps, and of which Lieut. Col. Charles F. Robe, Seventeenth L'. S. Infantry, was president, and Capt. Frank L. Dodds, Xinth L". S. Infantry, was judge-advocate, were arraigned and tried: I. Marcehno Curameng, Pedro Funtanez, Julio Bautista, and Alipio de la Cruz^ natives. Charge. — "Highway robbery" (one specification) . Pleas. — To the charge and specification, "Xot guilty." Findings. — Of the charge and specification, "Xot guilty." And the commission does therefore "acquit them, Marcelino Curameng, Pedro Funtanez. Julio Bautista, and Alipio de la Cruz, natives, and each of them." In the foregoing case of ^Marcelino Curameng, Pedro Funtanez, Julio Bautista, and Alipio de la Cruz, natives, the acquittals are approved. The prisoners will be released from custody. II. Fortunato de la Peiia, native. Charge. — "Highway robbery" (one specification). Pleas. — To the charge and specification, "Xot guilty." Findings. — Of the charge and specification. "Xot guilty." And the commission does therefore "acquit him, Fortunato de la Peiia, native." In the foregoing case of Fortunato de la Pena, native, the acquittal is approved. The prisoner will be released from custody. III. Ramon Basa and Feliciano Mallari. natives. Charge I. — "Kidnaping and maltreating a fellow-native" (one specification). Charge II. — "Assault and battery with intent to kill " (one specification). Pleas. — To the charges and specifications, "Xot guilty," Findings. — Of the charges and specifications, "Guilty." Sentence. — And the commission does therefore sentence them, Ramon Basa and Feliciano Mallari, and each of them, "to be confined under guard at hard labor, at such place as the reviewing authority may direct, for five years." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 6 In the foregoing case of Kamon Basa and Feliciano Mallari, natives, the sentences are confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. IV. Francisco Naguit, Alejo Gonzales, and Gregorio Gonzales, natives. Charge. — "Assault and battery with intent to kill" (one specification). Pleas. — To the charge and specification, "Not guilty." Findings. — Of the charge and specification, " Guilty." Sentence. — And the commission does therefore sentence them, Francisco Naguit, Alejo Gonzales, and Gregorio Gonzales, natives, and each of them, "to be confined under guard at hard labor for five years, at such place as the reviewing authority may designate." In the foregoing case of Francisco Naguit, Alejo Gonzales, and Gregorio Gonzales, natives, the sentences are confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General Otis: M. Barber, Assistant Adjutant- GeneraL Headquarters Division of the Philippines, Manila, P. I., May 2, 1900. General Orders, No. 11. Before a military commission which convened at Bautista, province of Pangasinan, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 33, February 2, 1900, Headc[uarters Department of the Pacific and Eighth Army Corps, and of which Lieut. Col. Charles F. Robe, Seventeenth U. S. Infantry, was president, and Capt. Frank L. Dodds, Ninth U. S. Infantry, was judge-advocate, was arraigned and tried Gabriel Cayaban, a native. Charge I. — "Combining and conspiring with guerrillas, contrary to the laws and usages of war" (three specifications). Charge II. — "Misconduct in office as president of a pueblo under civil government established by United States military authorities in the Philippine Islands" (one specification) . Plea. — To the charges and specifications the accused pleaded "not guilty." Findings. — Of specification 1, charge I, "not guilty;" of specification 2, charge I, "guilty;" of specification 3, charge I, "not guilty;" of charge I, "guilty;" of the specification, charge II, "guilty, except the words ' and giving information to,' and of the excepted words, not guilty;" of charge II, "guilty." Sentence. — And the commission does therefore sentence him, Gabriel Cayaban, native, " to be confined at hard labor, at such place as the reviewing authority may direct, for five years, and to be fined in the sum of $2,000, Mexican money." In the foregoing case of Gabriel Cayaban, native, the sentence is confirmed and will be duly executed; so much thereof as relates to confinement at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Otis: M. Barber, Assistant Adjutant- GeneraL Headquarters Division op the Philippines, Manila, P. L, May S, 1900. General Orders, No. 12. Before a military commission which convened a Iloilo, Panay, P. I., pursuant to paragraph 1, Special Orders, No. 66, March 7, 1900, Headquarters Department of the Pacific and Eighth Army Corps, and of which Col. Edmund Rice, Twenty-sixth Infantry, U. S. Volunteers, was president, and Capt. Dana R. Weller, Forty-fourth Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried: I. Victoriano Salamandin, a native. Charge I.— "Robbery" (two specifications). Charge II. — "Murder" (one si)ecification). Pleas. — To the charges and specifications, "not guilty." Findings. — Of the first specification, first charge, "guilty, excepting the words 7000,' substituting therefor the words '9000;' of the excepted words, not guilty, and of the substituted words, guilty; and also excepting the word 'unknown,' substituting therefor the words 'about seven hundred dollars, Mexican money;' of the excepted 4 CHARGES OF CRUELTY, ETC., TO FILIPINOS. word, not guilty, and of the substituted words, guilty," Of the second specification, first charge, "not guilty." Of the first charge, "guilty." Of the specifiation, second charge, "not guilty." Of the second charge, "not guilty." Sentence. — And the commission does therefore sentence him, the said Victorian© Salamandin, "To be confined at hard labor for ten years, at such place as the reviewing authority may direct." In the foregoing case of Victoriano Salamandin, native, the sentence is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. II. xindres Simpia, native. Charge I. — "Robbery" (two specifications). Charge II. — "Murder" (one specification). Pleas. — To the charges and specifications, "not guilty." Findings. — Of the first specification, first charge, "guilty, except the words 7000,' substituting therefor the words '9000, ' of the excepted words, not guilty, and of the substituted words, guilty; and also excepting the word 'unknown,' substituting there- for the words ' about seven hundred dollars in Mexican money, ' of the excepted word not guilty, and of the substituted words, guilty." Of the second specification, first charge, "not guilty." Of the first charge, "guilty." Of the specification, second charge, "not guilty." Of the second charge, "not guilty." Sentence. — And the commission does therefore sentence him, the said Andres Simpia, " To be confined at hard labor for ten years, at such place as the reviewing authority may direct." In the foregoing case of Andres Simpia, native, the sentence is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. III. Guillermo Sumavon, a native. Charge I. — "Robbery" (two specifications). Charge II. — " Assault with a deadly weapon " (one specification). Charge III. — "Murder" (one specification). Pleas. — To the charges and specifications, "not guilty." Findings. — Of the first specification, first charge, "guilty, except the words '7000,' substituting therefor the words '9000,' of the excepted words, not guilty, and of sub- stituted words, guilty, and also excepting the word ' unknown, ' substituting therefor the words 'about seven hundred dollars, Mexican money, 'of the excepted word, not guilty, and of the substituted words, guilty." Of the second specification, first charge, "not guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Of the specification, third charge, "guilty." Of the third charge, "guilty." Sentence. — "And the commission does therefore sentence him, the said Guillermo Sumavon, "To suffer death by hanging at such time and place as the reviewing authority may direct; two-thirds of the members present of the commission concur- ring in said sentence." In the foregoing case of Guillermo Sumavon, native, the proceedings, as herein- after indicated, findings and sentence are approved. Due to failure in this case to extend the examination of witnesses to material points, the reviewing authority is not as fully informed as is desirable as to the con- ditions under which the several crimes of which the accused stands convicted were committed; and the failure of counsel to rigidly cross-examine witnesses upon points in respect of which their testimony is contradictory, and his further action in making admissions as to the testimony of an absent witness, damaging to the accused, with- out any affirmative showing that such action was with his consent, has resulted, it is believed, in causing the offenses committed by the accused to appear of record more heinous than facts might justify. These considerations have induced the reviewing authority to commute the death sentence imposed by the commission to confinement at hard labor for a period of twenty (20) years, which imprisonment will be duly executed at the Presidio de Manila, to which place the prisoner will be sent, under proper guard. IV. Cornelio Soldavilla, a native. Charge I. — "Robbery" (two specifications). Charge II. — "Assault with a deadly weapon" (one specification). Charge III. — "Murder" (one specification). Pleas. — To the charges and specifications, "not guilty." Findings. — Of the first specification, first charge, "guilty, except the words '7,000,' substituting therefor the words '9,000,' of the excepted words, not guilty, and of the substituted words, guilty; and also excepting the word 'unknown,' substituting there- for the words 'about 700 dollars, Mexican money,' of the excepted word, not guilty, CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 5 and of the substituted words, guilty." Of the second specification, first charge, "not guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Of the specification, third charge, "guilty," Of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, the said Cornel io Soldavilla, " To suffer death by hanging, at such time and place as the reviewing authority may direct, two-thirds of the members present of said commission concur- ring in said sentence." In the foregoing case of Cornelio Soldavilla, native, the proceedings except as here- inafter indicated, findings and sentence are approved. Due to failure in this case to extend the examination of witnesses to material points, the reviewing authority is not as fully informed as is desirable as to the conditions under which the several crimes of which the accused stands convicted were commit- ted; and the failure of counsel to rigidly cross-examine witnesses upon points in respect of which their testimony is contradictory, and his further action in making admissions as to the testimony of an absent witness, damaging to the accused, with- out any affirmative showing that such action was with his consent, has resulted, it is believed in causing the offenses committed by the accused to appear of record more heinous than facts might justify. These considerations have induced the reviewing authority to commute the death sentence imposed by the commission to confinement at hard labor for a period of twenty (20) years, which imprisonment will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Otis: M. Barber, Assistant A djutant- General. Headquarters Department of the Pacific and Eighth Army Corps, Manila, P. L, March 8, 1900. General Orders, No. 16. I. Before a military commission, which convened at Bayambang, Province of Pangasinan, Luzon, P. I., February 8, 1900, pursuant to paragraph 1, Special Orders, No. 33, c. s., these headquarters, and of which Lieut. Col. Charles F. Eobe, Seven- teenth United States Infantry, is president, were jointly arraigned and tried Antonio Morales and Faustino Gonzales, natives. Charge I. — "Murder." Specification 1. — "In that they, Antonio Morales and Faustino Gonzales, natives, and each of them, on or about November 19, 1899, then as now a time of insurrec- tion, at or near the barrio of Abanum, pueblo of San Carlos, Province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of armed outlaws to the number of forty, more or less, commanded and led by the said Morales and Gonzales, did willfully, feloniously, and with malice aforethought kill and murder one Ramon Manson, a native, by shoot- ing him, the said Manson, with a gun, and stabbing him, the said Manson, with a bolo held in the hands of members of said band, names unknown, inflicting wounds therewith whereof he, the said Manson, then and there died. This at the times and places above specified." Specification 2. — "In that they, Antonio Morales and Faustino Gonzales, natives, and each of them, on or about November 19, 1899, then as now a time of insurrec- tion, at or near the barrio of Abanum, pueblo of San Carlos, Province of Pangasinan, P. I., a place then as now in the theater of active militar}^ operations, in company of and consorting with a band of armed outlaws to the number of forty, more or less, commanded and led by the said Morales and Gonzales, did willfully, feloniously, and with malice aforethought kill and murder one Juan Kosario by shooting him, the said Rosario, with guns held in the hands of the said Morales and Gonzales, and by stabbing him, the said Rosario, with a bolo held in the hands of a member of said band, name unknown, inflicting wounds whereof he, the said Rosario, then and there died. This at the times and places above specified." Specifications. — "In that they, Antonio Morales and Faustino Gonzales, natives, and each of them, on or about December 2, 1899, then as now a time of insurrection, at or near the barrio of Camato, pueblo of San Carlos, Province of Pangasinan, P. I., a place then as now in the theater of active military oi)erations, in company of and (consorting with a })and of armed outlaws to the number of forty, more or less, commanded and led by the said jNIorales and Gonzales, did willfully, feloniously, and with malice aforethought, kill and murder (cregorio Mayor, Vicente Parian, Feliciano 6 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Velasqiies, and Mariano Macalaig, natives, by shooting them, the said Mayor, Parian, Velasques, and Macalaig, with guns and by stabbing them, the said Mayor, Parian, Velasqnes, and Macalaig, "with bolos held in the hands of members of said band, names unknown, inflicting wounds therewith whereof they, the said Mayor, Parian, Valesques, and Macalaig, then and there died. This at the times and places above specified." Char(;e II.— "Robbery." Specification I. — "In that they, Antonio Morales and Faustino Gonzales, natives, and each of them, on or about November 19, 1899, then as now a time of insurrec- tion, af or near the barrio of Abanum, pueblo of San Carlos, Province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of armed outlaws to the number of forty, more or less, commanded and led by the said Morales and Gonzales, did feloniously and forcibly take from the presence of Seilora Antonina Garcia, native, a quantity of money, jewelry, and other valuables, value unknown, the property of the said Antonina Garcia. This at the times and places above specified." Specification 2. — "In that they, Antonio Morales and Faustino Gonzales, natives, and each of them, on or about December 2, 1899, then as now a time of insurrec- tion, at or near the Barrio of Cacumbayan, Pueblo of San Carlos, Province of Pan- gasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of armed outlaws to the number of forty, more or less, commanded and led by the said Morales and Gonzales, did feloniously and forcibly take from the presence of Senora Gregoria Abuya, native, a quantity of money, jewelry and other valuables, value unknown, the property of the said Gregoria Abuya. This at the times and places above specified. ' ' To which charges and specifications the accused, Antonio Morales and Faustino Gonzales, and each of them, pleaded as follows: To the first specification, first charge, "not guilty." To the second specification, first charge, "not guilty." To the third specification, first charge, "not guilty." To the first charge, " not guilty." To the first specification, second charge, "not guilty." To the second specification, second charge, " not guilty." To the second charge, " not guilty." Findings. — The commission, having maturely considered the evidence adduced, finds the accused, Antonio Morales and Faustino Gonzales, and each of them, of the first specification, first charge, "guilty," except the word "Abanum," substituting the word "Magtaquin," and of the excepted word "not guilty" and of the substi- tuted word "guilty." Of the second specification, first charge, "guilty." Of the third specification, first charge, "guilty," except the word "Camato," substituting the word "Gamato," and of the excepted word "not guilty" and of the su])stituted word "guilty." Of the first charge, "guilty." Of the first specifiation, second charge, "guihy." Of the second specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence them, Antonio Morales and Faustino Gonzales, natives, and each of them, "to be hung by the neck until they, and each of them, be dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." II. The proceedings and findings in the foregoing case of Antonio Morales and Faustino Gonzales, natives, are approved. The record discloses that the accused were furnished counsel by the Government and were accorded in all respects a fair and impartial trial. The testimony of many witnesses, called at their instance, was heard, and the accused themselves made statements to the commission. The evidence abundantly establishes the allegations of the charges, with unim- portant exceptions, which have been duly recorded, and reveals the accused as leaders of a band of armed native outlaws engaged in the commission of crimes against fellow-natives of the islands under circumstances of peculiaratrocity, unworthy of even a moderate degree of civiUzation. No circumstance was developed upon the trial which even suggests clemency, and the commanding general is of the opinion that the extreme penalty of the law adjudged by the commission must be confirmed. The sentences are approved and will be duly executed at the Pueblo of San Carlos, Province of Pangasinan, P. I., March 30, 1900, under the direction of the command- ing general, Second Division, Eighth Army Corps. By command of Major-General Otis: M. Barber, Assistant Adjutant- General. CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 7 Hdqrs. Department of the Pacific and Eighth Ak.mv Corps, Manila, P. I., March 14, 1900. General Orders, No. 17. I. Before a military commission which convened at San Fernando, province of Pampanga, island of Luzon, Philippine Islands, February 17, 1900, pursuant to para- graph 1, Special Orders, No. 33, c. s., these headquarters, and of which Lieutenant- Colonel Charles F, Robe, 17th L^. S. Infantry, was president, and Captain Frank L. Dodd, 9th U. S. Infantry, was judge-advocate, was arraigned and tried Diego Matias, a native. Charge I. — "Burglary, in violation of the laws and usages of war." Specification. — "In that said Diego Matias, with other persons unknown, did, in time of insurrection, then and there being and within the territory occupied In' the armed forces of the L^nited States, feloniously and burglariously break and enter the dwelling house of Tong Kim, Maria Solamente, his wife, and Ching Apio, in the nighttime, with intent to commit a felony, to wit, larceny of the money, goods, and chattels of the said Tong Kim, Maria Solamente, his wife, and Ching Apio. This in the barrio of Alua, San Isidro, Luzon, P. I., on the 14th day of January, 1900." Charge II. — "Robbery, in violation of the laws and usages of war." Specification. — "In that said Diego Matias, with other persons unknown, did, in time of insurrection, then and there being and within the territory occupied by the armed forces of the United States, feloniously and forcibly take and steal from the persons of Tong Kim, Maria Solamente, his wife, and Ching Apio, and in the pres- ence of each of them, the cum of two hundred and fifty (250) pesos in silver and currency, and did carry away and appropriate to his own use said two hundred and fifty (250) pesos. This at the barrio of Alua, San Isidro, Luzon, P. I., on the 14th day of January, 1900." Charge III. — "Assault and battery, in violation of the laws and usages of war." Specification 1. — "In that the said Diego Matias, with other persons unknown, did, in time of insurrection, then and there being and within the territory occupied by the armed forces of the United States, feloniously and willfully assault one Tong Kim, and did bind him with a rope and otherwise beat, bruise, wound, and illtreat him, the said Tong Kim. This at the Imrrio of Alua, San Isidro, Luzon, P. I., on the 14th day of January, 1900." Specification 2. — "In that said Diego Matias, with other j^ersons unknown, did, in time of insurrection, then and there being and within the territory occupied l)y the armed forces of the United States, feloniously and willfully assault one Ching Apio, and did strike him, the said Ching Apio, with his lists, and did otherwise beat, bruise, wound, and illtreat him, the said Ching Apio. This at the barrio of Alua, San Isidro, Luzon, P. L, on the 14th day of January, 1900." • Plea. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." To the first specification, third charge, "not guilty." To the second specification, third charge, "not guilty." To the third charge, "not guilty." Finding. — Of the specification, charge 1, "Guilty," with the exception of the words and figures, "the 14th," sul)stituting the words, "or about the 14th," of the excepted words "not guilty," of the substituted words "guilty." Of the first charge, "guilty." Of the specification, charge 2, "guilty," with the exception of the words and figures, "the 14th," substituting the word«! "or about the 14th," of the excepted words "not guilty," of the substituted words "guilty." Of the second charge, "guilty." Of the fiVst specification, charge 3, "not guilty." Of the second specification, charge 3, "guilty," with the exception of the word "fists," substituting therefor the word "bolo," and with the exception of the words " beat, bruise, wound, and," of the excepted words "not guilty," and of the substituted word "guilty." Of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, Diego Matias, citi- zen and resident of barrio Alua, San Isidro, Luzon, P. I., "to be confined at hard labor for ten (10) years at such place as the reviewing authority may direct." II. In the foregoing case of Diego Matias, the evidence adduced was not sufficient to prove the crime of burglary, and the findings of the commission thereon are dis- approved. Subject to this exception the proceedings and findings are approved. The sentence is approved and will be duly executed. Bilibid military prison, Manila, P. I., is designated as the place of confinement, to which place the prisoner will be sent under proper guard. B\' command of Major-General Otis: M. Barber, Assistant Adjutant- General, 8 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Headquarters Division op the Philippines, Manila, P. L, May 17, 1900. General Orders, No. 21. Before a military commission which convened at Calamba, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 48, Headquarters Department of the Pacific and Eighth Army Corps, February 17, 1900, and of which Lieut. Col. Edward B. Pratt, Forty-sixth Infantry U. S. Vols., was president, and Capt. Charles R. Howland, Twenty-eighth Infantr}^ U. S. Vols., was judge-advocate, was arraigned and tried Januario Francisco, a native. Charge I. "Murder" (one specification ) . Charge II. " Illegal warfare " ( one specification) . Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "guilty, except the words 'and who did proclaim that he, the accused, would kill Tagalos who accepted positions under the Americans within three days after such acceptance;' of the excepted words, not guilty." To the second charge, "not guilty." Findings. — Of the charges and specifications, "guilty." Sentence. — And the commission does therefore sentence him, Januario Francisco, native, "to be hanged by the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Januario Francisco, native, it appears that the murder alleged in charge one and its specification was committed by three persons, formerly soldiers in the insurgent army and now members of a guerrilla organization operating around Santa Cruz, and in pursuance of a written order from an insurgent leader signing himself "El Gral. Jefe P. M., Juan Cailles;" that said order was directed to- and received by two officers of said guerrilla force, the accused and one Marino, each of them holding the rank of first lieutenant; that about twenty-four hours before the murder was committed the accused was apprehended and put in prison at Santa Cruz, where he was at the time of the killing, while the other lieutenant was still at large and free to execute the order. While the accused may have been an accessory before the fact to the murder, even that is not proven with that degree of certainty which the law requires. The evidence of record leaves within reason an hypothesis that the other lieutenant and men under him may have effected the murder inde- pendently of the accused. For this reason the finding to the first charge is dis- approved. There is no doubt as to the correctness of the finding of guilty of the second. It is therefore approved. The sentence is confirmed but is commuted to twenty (20) years' imprisonment at hard labor, which will be duly executed at the Presidio de- Manila, to which place the prisoner will be sent under proper guard. By command of Major-GeneralTNIacArthur: M. Barber, Assistant Adjutant- GeneraL Headquarters Division of the Philippines, Manila, P. I., May 17, 1900. General Orders, No. 22. Before a military commission which convened at Batangas, province of Batangas, Luzon, P. L, pursuant to paragraph 3, Special Orders, No. 81, Headquarters Depart- ment of the Pacific and 8th Army Corps, March 26, 1900, and of which Col. George S.Anderson, Thirtv-eighth Infantrv, U. S. Vols., was president, and Capt. John S. Powell, Thirty-eighth Infantry, U.'S. Vols., was judge-advocate, was arraigned and tried Angel Padua, a native. Charge. — "Murder" (one specification). Pleas. — To the charge and specification, "not guilty." Findings. — Of the charge and specification, "guilty." Sentence. — And the commission does therefore sentence him. Angel Padua, native, "To be confined at hard labor, at such place as the reviewing authority may direct, for twenty (20) years." In the foregoing case of Angel Padua, native, it appears that when the prosecution rested no evidence which incriminated the accused had been adduced. The accused was then, at his own request, duly sworn as a witness and himself furnished the testimony ui)on which the conviction in this case is based. This evidence was elicited by questions asked the accused by his counsel, an officer of the Army detailed to act in that capacitv. The law governing the cominission which tried this case accords to an accused the right to testify or not in his own behalf, and this right it is the duty of counsel to CHARGES OF CRUELTY, ETC., TO FILIPIT^OS. 9 carefully guard; it was especially his duty toward this accused who, by his own statement, which is not contradicted, is only 13 years of age and was presumably without information as to his rights. Other facts of record in this case tend to palliate the offense committed and the reviewing authority is convinced that the ends of justice will be met by mitigation of the punishment adjudged to imprisonment for five (5) years. As mitigated the sentence is confirmed and will be duly executed at the Presidio de ^Manila, to which place the accused will be sent under proper guard. By command of Major-General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., June 11, 1900. General Orders, No. 31. Before a military commission which convened at Aparri, P. I.,A23ril 26, 1900, pur- suant to paragraph 2, Special Orders, No. 79, March 24, 1900, Headquarters Depart- ment of the Pacific and Eighth Army Corps, and of which ]Maj. Henry C. Ward, Sixteenth C S. Infantry, was president, and First Lieut. Guy G. Palmer, Sixteenth U. S. Infantry, was judge-advocate, were arraigned and tried: I. Isidoro Cesar Martin, a native. Charge I. — " Eobbery " (three specifications). Charge II. — "Assault and battery " (one specification). Charge HI. — " Violating parole " (one specification). Charge IV. — "Murder" (two specifications). Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- cation, first charge, ' ' not guilty; ' ' to the third specification, first charge, ' ' not guilty; ' ' to the first charge, "not guilty;" to the specification, second charge, "guilty;" to the second charge, "guilty;" to the specification, third charge, "not guilty;" to the third charge, "not guilty;" to the first specification, fourth charge, "guilty;" to the second specification, fourth charge, "guilty;" to the fourth charge, "guilty." Findings. — Of the first specification, first charge, "guilty;" of the second specifi- cation, first charge, "not guilty;" of the third specification, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty;" of the specification, third charge, "guilty;" of the third charge, "guilty;" of the first specification, fourth charge, "guilty;" of the second specification, fourth charge, "guilty;" of the fourth charge, "guilty." Sentence. — And the commission does therefore sentence him, Isidoro Cesar Martin, native, "to be hung by the neck until he be dead, at such time and place as the reviewing authority may direct, an unanimous concurrence therein." In the foregoing case of Isidoro Cesar Martin, native, the evidence submitted in support of Charge I, and its first and third specifications, was mainly hearsay, and fails to sustain the findings of guilty thereunder; these findings are therefore disap- proved. The written certificate which is the basis of the third charge and its speci- cation fails to recite any explicit pledge of the accused to refrain from again engaging in hostilities, and it appearing from the record that the accused did not understand it to recite such pledge, the findings under this charge must likewise be disapproved. To the second and foui'th charges, the former alleging aggravated assault and bat- tery and the latter murder, the accused has plead guilty. No evidence whatever was taken by the commission on these charges, and the findings of guilty thereunder and the sentence of death imposed rest solely upon the plea of the accused. Had this plea been intelligently made it is undoubtedly true that it Avould have supported the findings and sentence adjudged. It is, however, the better practice, and one which has been frequently enjoined in orders, that military tribunals in con- nection with such plea receive and spread upon their records such evidence as may afford a knowledge of all the relevant circumstances attending the commission of the crimes alleged; this in order that the convening authority, in the exercise of his powers as reviewing officer and in the matter of clemency, may be fully advised. This course was especially incumbent in this case, where the accused, obviously a man of limited intelligence and education, was wholly unacquainted with the pro- cedure of the tribunal before which he was tried and with the provisions of laws of war applicable to his case. For the reasons above indicated the sentence in this case is mitigated to confine- ment at hard labor for the period of fifteen years. As mitigated, the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will l>e sent under proper guard. 10 CHARGES OF CRUELTY, ETC., TO FILIPINOS. II. Leonzo Fornazier, native. Charge I. — " Robbery " (two specifications). Charge II. — ''Assault and battery" (two specifications). Charge III. — "Murder" (two specifications). Charge IV. — '"Violating parole" (one specification). Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- cation, first charge, "not guilty;" to the first charge, "not guilty;" to the first speci- fication, second charge, "not guilty;" to the second specification, second charge, "not guilty;" to the second charge, "not guilty;" to the first specification, third charge, "not guilty;" to the second specification, third charge, "not guilty;" to the third charge, "not guilty;" to the specification, fourth charge, "not guilty;" to the fourth charge, "not guilty." Findings. — Of the first specification, first charge, "not guilty;" of the second speci- fication, first charge, "not guilty;" of the first charge, "not guilty;" of the first specification, second charge, "guilty;" of the second specification, second charge, "guilty;" of the second charge, "guilty:" of the first specification, third charge, "not guilty;" of the second specification, third charge, "guilty;" of the third charge, "guiltv:" of the specification, fourth charge, "guiltv;" of the fourth charge, "guilty." Sentence. — And the commission does therefore sentence him, Leonzo Fornazier, native, "To be confined at hard labor, in such penitentiary as the reviewing authority may direct, for a period of ten years. ' ' In the foregoing case of Leonzo Fornazier, native, the proceedings and findings are subject in the main to the comment of the reviewing authority in the case of Isidoro Cesar Martin. The sentence is confirmed and will be duly executed at the Presidio de Manila, to which point the accused will be sent, under proper guard. III. Sinforoso Herrera, native. Charge I. — "Robbery" (two specifications). Charge II. — "J ssault and battery" (one specification). Charge III. — " ^Murder ' ' ( two specifications ) . Charge IV. — ••Violating parole" (one specification). Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- cation, first charge, "not guilty;" to the first charge, "not guilty;" to the specifica- tion, second charge, "not guilty;" to the second charge, "not guilty;" to the first specification, third charge, "not guilty;" to the second specification, third charge, "not guilty;" to the third charge, "not guilty;" to the specification, fourth charge, * ■ not guilty ; " to the fourth charge, "not guilty. ' ' Findings. — Of the first specification, first charge, "not guilty; " of the second sx)eci- fication, first charge, "not guilty;" of the first charge, "not guilty:" of the sj^ecifi- cation, second charge, "not guilty;" of the second charge, "not guilty;" of the first specification, third charge, "not guilty;" of the second specification, third charge, "guilty;" of the third charge, "guilty;" of the specification, fourth charge, "guilty;" of the fourth charge, "guilty." Sentence. — And the commission does therefore sentence him, Sinforoso Herrera, native, ' ' To be hung by the neck until dead, at such time and place as the re\'iewuig authority may direct, two-thirds of the members concurring therein." In the foregoing case of Sinforoso Herrera, native, the remarks of the reAdewing authority in the case of Isidoro Cesar ^lartin are in the main a])plicable. The sen- tence is mitigated to confinement at hard labor for a period of ten years, and, as mitigated, will be duly executed at the Presidio de ^Manila, to which point the pris- oner will be sent, under proper guard. IV. Juan Pico, a native. Charge. — "Murder" (one specification). Pleas. — To the specification, "guilty of assisting others in the killing of the China- man, by the order of Martin;" to the charge, "not guilty of murder, but guilty of killing the Chinaman under orders." Findings. — Of the specification, "guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence him. Juan Pico, native, "to Vje hung by the neck until he be dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Juan Pico, native, the proceedings and findings are approved. The sentence is approved, but is mitigated to confinement at hard labor for the period of five years. As thus mitigated, the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent, under proper guard. V. Segundo Luguilug, a native. Charge. — "Insurrection against the Government of the United States of America" (one specification). CHARGES OF CRUELTY, ETC., TO FILIPINOS. 11 Pleas.— To the specification, " not guilty ;' ' to the charge, "not guilty." Findings. — Of the specification, "not guilty;" of the charge, "not guilty." And the commission does therefore "acquit" him, Segundo Luguilug, native. In the foregoing case of Segundo Luguilug, native, the proceedings, tindings, and acquittal are approved. The accused will be released from custody. VI. Paulo Galicia, a native. Charge I. — "Treason" (one specification). Charge II. — "Robbery" (two specifications). Charge III. — "Assault and battery" (one specification). Charge IV. — "Murder" (one specification ~i . Pleas. — To the specification, first charge, /'not guilty;" to the first charge, "not guilty;"" to the first specification, second charge, "not guilty;" to the second speci- fication, second charge, "not guilty;" to the second charge, "not guilty;" to the specification, third charge, "not guilty;" to the third charge, "not guilty;" to the specification, fourth charge, "not guifty;" to the fourth charge, "not guilty." Findings. — Of the specification, first charge, "guilty, but being forced, attach no criminality thereto;" of the first charge, "guilty, but being forced, attach no crim- inality thereto;" of the first specification, second charge, "not guilty;" of the second specification, second charge, "not guilty;"' of the second charge, "not guilty;" of the specification, third charge, "not guilty;" of the third charge, "not guilty;" of the specification, fourth charge, "not guilty;" of the fourth charge, "not guilty." And the commission does therefore ""acquit"' him, Paulo Galicia, native. In the foregoing case of Paulo Galicia, native, it is remarked that the findings on the first charge and specification are not in i^roper form. With this exception the proceedings, findings, and acquittal are approved. The accused will be released from custody. VII. Xicomedes Paderna, a native. Charge. — " Violating parole " (one specification). Pleas. — To the specification, " not gailty: " to the charge, " not guilty." FindinCtS. — Of the specification, " not guilty: '" of the charge, "not guilty." And the commission does therefore "acquit"" him, Xicomedes Paderna, a native. In the foregoing case of Xicomedes Paderna, native, the proceedings, findings, and acquittal are approved. The accused will be released from custody. By command of IMajor-General ^lac Arthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., June 11, 1900. General Orders, Xo. 32. Before a military commission which convened at Bautista, province of Pangasinan, Luzon. P. I., pursuant to paragraph 1, Special Orders, Xo. 33, Headquarters Depart- ment of the Pacific and Eighth Army Corps, FeVjruary 2, 1900, and of which Lieut. Col. Charles F. Robe, Seventeenth U. S. Infantry, was president, and Capt. Frank L. Dodds, Ninth L". S. Infantry, was judge-advocate, were arraigned and tried: Buena- ventura Gamboa, Cipriano Villapa, Felizardo Mariano, Nicolas Melinderas, Cipriano Saribay, and Hilario Nicolas, natives. Charge. — " Murder." Specification. — "In that Buenaventura Gamboa, Cipriano Villapa, Felizardo Mariano, Nicolas Melinderas, Cipriano Saribay, and Hilario Nicolas, natives, and each of them, at the barrio of Quitaquita, pueblo of Bulangao, province of Panga- sinan, Luzon, in territory then as now occupied by L'nitedStates troops, and at a time then as now of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought kill and murder a native jMacabebe, name unknown, by beating the said Macabebe with a club held in the hands of the said Nicolas 3Ielinderas, Hilario Nicolas, and Cipriano Villapa, and by stabbing the said Macabebe with a knife held in the hands of the said Buenaventura Gamboa. "This at the place above specified, about 5 o'clock p. m. on or about March 16, 1900." Pleas. — To the specification, "not guilty; to the charge, "not guilty." Findings. — Of the specification, "guilty, except the words 'Hilario Nicolas' and 'Cipriano Villapa' as they occur between the words 'Melinderas' and 'and by stab- bing,' substituting therefor the words 'Felizardo Mariano' and 'Cipriano Saribay,' of the excepted words not guiltv, of the substituted words guiltv." Of the charge, "guilty." 12 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Sentence. — And the commission does therefore sentence them, Buenaventura Gamboa, Cipriano Villapa, Felizardo Mariano, Xicolas MeUnderas, Cipriano Saribaj^ and Hilario Nicolas, as follows: "Buenaventura Gamboa to be hung by the neck until he be dead, at such time and place as may be designated by the reviewing authority, two-thirds of the members present concurring; Felizardo Mariano, Cipriano Saribay, and Nicolas ^Nlelinderas, and each of them, to be confined at hard labor, at such place as the reviewing authority may designate, for twenty (20) years; Cipriano Yillapa to l)e confined at hard labor, at such place as the reviewing authority may direct, for fifteen (15) years; and Hilario Nicolas to be confined at hard labor, at such place as the reviewing authority may direct, for ten (10) years." In the foregoing case of Buenaventura Gamboa, Cipriano Villapa, Felizardo Mari- ano, Nicolas Melinderas, Cipriano Saribay, and Hilario Nicolas, natives, it appears that the Macabebe, who was murdered by the defendants, was unarmed at the time, Avas engaged in peaceful pursuits and was going on foot along the road leading through the barrio of Quitaquita, pueblo of Bulangao, province of Pangasinan, Luzon, P. I., when suddenly he was set upon by a band composed of the accused persons, armed with knives and clubs, and of which Buenaventura Gamboa was the ringleader; that he was severely beaten and was finally stabbed to death by Buenaventura Gamboa. The said Gamboa makes no denial of the assault or of the killing, but freely admits it, stating that the deed was committed in pursuance of orders received from the vice- president of the town of Bulangao. The vice-president denies this and says that he sent no such orders. However this may be, there can be no doubt about the physical facts nor about the criminality of the deed. The sentences are, therefore, approved. The sentence of death by hanging awarded Buenaventura Gamboa will be duly exe- cuted in the barrio of Quitaquita, pueblo of Bulangao, province of Pangasinan, Luzon, P. I., on the 13th day of July, 1900, under the direction of the commanding general, Department of Northern Luzon. The sentence of twenty years confinement awarded to Felizardo Mariano, Cipriano Saribay, and Nicolas Melinderas; the sentence of fifteen years' confinement awarded Cipriano Villapa, and the sentence of ten years' confinement awarded Hilario Nicolas, will be duly executed at the Presidio de Manila, to which place the prisoners will be sent, under proper guard. By command of Major-General Mac Arthur: M. Barbee, Assistant Adjutant- General. Headquartees Division of the Philippines, Manila, P. I., June 19, 1900. General Orders, No. 33. Before a military commission which convened at Batangas, province of Batangas, Luzon, P. L, May 10, 1900, pursuant to paragraph 3, special orders. No. 81, Head- quarters Department of the Pacific and Eighth Army Corps, March 26, 1900, and of which Col. George S. Anderson, Thirty-eighth Infantry, V. S. Vols., was president, and Capt. John S. Powell, Thirty-eighth Infantry, U. S. Vols., was judge-advocate, was arraigned and tried Catalino Gihano, a native. Chaege. — "Assault with intent to do great bodily harm" (one specification). Pleas. — To the specification, "not guilty; " to the charge, "not guilty." Findings. — Of the specification, "guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Catalino Gihano, a native, "to be confined at hard labor, at such place as the reviewing authority may direct, for five years." In the foregoing case of Catalino Gihano, native, the proceedings and findings are approved. The sentence is confirmed, but is mitigated to confinement at hard labor for the period of two years. As thus mitigated, the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, July 2, 1900. General Orders, No. 42. Before a military commission which convened at Aparri, province of Cagayan, Luzon, P. I. , pursuant to paragraph 11 , special orders, No. 79, Headquarters Department CHARGES OF CRUELTY, ETC., TO FILIPINOS. 13 of the Pacific and Eighth Army Corps, March 24, 1900, and of which Maj. Henry C. Ward, Sixteenth U. S. Infantry, was president, and Lieut. Guy C. Pahner, Sixteenth U. ^. Infantry, was judge-advocate, was arraigned and tried Jacinto Ebron, a native. Chakge. — "Insurrection against the Government of the United States of America" ( one specification ) . Pleas. — To the specification, "not guilty:" to the charge, "not guilty." Findings. — Of the specification, "guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Jacinto Ebron, native, "to be confined at hard labor, for the period of five years, in such penitentiary as the reviewing authority may direct." In the foregoing case of Jacinto Ebron, native, it appears that the accused was a member of a band of armed outlaws. This band operated in Cagayan Province, Luzon, during the early part of this year, committing various outrages upon the natives and keeping the whole population in a constant state of terror. The identity of the accused as a member of the band, and as having been present upon the occasion of the crime here charged, is clearly proven. The proceedings and findings uere approved June 28, 1900. The sentence of confinement at hard labor for the period of five years was approved on that date and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: M. Baeber, Assistant Adjuta nt - General. Headquarters Division of the Philippines, Maniki, P. J., July ;.^, 1900. General Orders, Xo. 43. Before a military commission which convened at Laoag, province of Ilicos Norte, Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 64, ofiice of military gov- ernor of northwestern Luzon, P. I., and headquarters separate brigade. Eighth Army Corps, April 2, 1900, and of which Maj. Samuel 31. Swigert, Third L^nited States Cavalry, was president, and Lieut. "Wilson G. Heaton, Thirty-fourth Infantry, L". S. Volunteers, was judge-advocate, was arraigned and tried Leocadio Macoco, a native. Charge. — "Murder" (one specification). Pleas. — To the specification, "not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty, except the words, ' kill and murder by striking and stabbing with a bolo,' and for the excepted words substituting the Avords, ' assist said Adriano Macoco and Ambrosio Macoco, who did kill and murder by striking and stabbing with a bolo; ' of the excepted words, ' not guilty; ' of the substi- tuted words ' guiltv. ' " Of the charge, ' ' guilty as accessory before and after the fact." Sentence. — And the commission does therefore sentence him, Leocadio Macoco, a native, "to be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Leocadio Macoco, charged with the murder of Antonio Pobre, the evidence shows that the latter was cabeza of the barrio of Masnitac, pueblo of Pacay, Ilocos Xorte, and left his home on the afternoon of February 13, 1900, to collect taxes due for personal cedulas; that at a place called Oaiahe stopped m front of the house of the accused, where a party had gathered in celebration of the marriage of a native of that place, and there demanded payment for their cedulas of two of his " tributantes," Adriano and Ambrosio Macoco, brothers, and cousins of the accused, who were of the party there present; that these said that that was not the place to demand payment, that where they lived was, and declined to pay for their cedulas. The testimony shows that after this verbal altercation the murdered man struck with his whip Adriano ^Macoco three times across the face and was then dragged from his horse by Adriano and Ambrosio; that while attempting to draw his bolo this was taken from him by Adriano Macoco, who struck with it Antonio Pobro, then and subsequently Mhen the latter was lying on the ground, the blows that resulted in his death, and that, notwithstanding the evidence as to the blows with the whip by the murdered man and the attempt by him to draw his bolo — which is given either by the relatives or neighbors of the accused — his death was a cruel and deliberate murder by Adriano and Ambrosio Macoco. The accused is found guilty as accessory before and after the fact, and though there is some technical error in such a finding, it is not deemed of such a nature as to neces- 1-4 CHARGES OF CRUELTT. ETC., TO FILIPIXOS. sitate disapproval, the evidence showing that the accused uttered certain words to the principals before the commission of the crime that might have contributed thereto, and afterwards assisted the principals in carrying away and burying the body of the murdered man. ■• The sentence was confirmed June 29. 1900: but it appearing, upon a (careful reading of the record, that the accused might not have intended that there should follow from his words and subsequent acts that which the court has found was their effect, the sentence was on that date commuted to confinement at hard labor for the period of ten years. As thus commuted, the sentence will l)e duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General !Mac Arthur. M. Barber. Assistant Adjutant-General. Headquaktees Division of the Philippines, Manila, P. /., July 8, 1900. General Orders. Xo. 47. Before a military commission which convened at Bautista, province of Pangasinan, Luzon, P. I., pursuant to paragraph I, Special Orders, Xo. 33, Headquarters Depart- ment of the Pacific and Eighth Army Corps. February 2, 1900, and of which Lieut. Col. Charles F. Robe, Seventeenth U. S. Lifantry. was president, and Capt. Frank L. Dodds, Xinth L. S. Infantry, was judge-advocate, was arraigned and tried: I. Gronzalo Mauipon, Francisco Gazmen. Gregorio Salazar, Cayetano L'son. Xic- anor de Lena, Agaton Aquindi. Vitaliano Salazar, Mercelino Concha, and Pedro Gano, natives. Charge. — "Murder" [one specifications. Pleas.— To the specification, ''not guilty."' To the charge, ''not guilty." Findings. — Of the specification, ''guilty, except the words 'andbolos,' 'wilfully, feloniously, and of malice aforethought' and 'and murder,' of the excepted word's, not guilty." Of the charge, "not guilty, but guilty of manslaughter." Sentence. — And the commission does therefore sentence them, Gonzalo Manipon, Francisco Gazmen. Gregorio Salazar, Cayetano L'son, Xicanor de Lena, Agaton Aquindi, Vitaliano Salazar, Mercelino Concha, and Pedro Gaiio, and each of them, "To be confined at hard labor, at such place as the reviewing authority may direct, for five years." In the foregoing case of Gonzalo Manipon, Francisco Gazmen, Gregorio Salazar, Cayetano Uson, Xicanor de Lena, Agaton Aquindi, Vitaliano Salazar, Mercelino Concha, and Pedro CTano. natives, the proceedings and findings are approved. The sentence of confinement at hard labor for the term of five years awarded each of these defendants is confirmed and will be duly executed at the Presidio de ^Manila, to which place they will be sent under proper guard. II. Severino Concha, native. Charge. — "Instigating, ordering and procuring robbery and murder, in violation of the laws of war" (one specification). Pleas. — To the specification, "not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty, except the words 'and procure.' 'pro- curing,' 'procured,' 'and so procured as aforesaid," of the excepted words, not guilty." Of the charge, "guilty, except the words 'and procuring robbery and,' inserting between the worcls 'instigating' and 'ordering' the word 'and,' of the excepted words, not guilty, of the inserted word, guilty." Sentence. — And the commission does therefore sentence him, Severino Concha, native, "To be confined at hard labor, at such place as the reviewing authority may direct, for a period of ten years." In the foregoing case of Severino Concha, native, the proceedings and findings are approved. The sentence is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. III. Joaquin Golingo, native. Charge. — "Instigating, ordering and procuring robbery and murder, in violation of the laws of war ' ' ( one specification ) . Pleas. — To the specification, "not guilty.*' To the charge, "not guilty." Findings. — Of the specification, " not guilty. " " Of the charge, "not guilty." And the commission does therefore ''acquit"" him, Joaquin Golingo, native. In the foregoing ease of Joaquin Golingo, native, the proceedings, findings, and acquittal are approved. The accused will be released from confinement. B\- command of !Major-Cieneral Mac Arthur: M. Barber, Assistant A djuta n t- Gen era I. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 15 Headquarters Division of the Philippines, Manila, P. 7., July 8, 1900. General Orders, No. 48. Before a military commission Avhich convened at Batangas, province of Batangas, Luzon, P. I., pursuant to paragraph 3, special orders, Xo. 81, Headquarters Depart- ment of the Pacific and Eighth Army Corps, March 26, 1900, and of which Col. George S. Anderson, Thirty-eighth Infantry, U. S. Vols., Avas president and CajDt. John S. Powell, Thirty-eighth Infantry, U. S. Vols., was judge-advocate, was arraigned and tried : I. Miliano Catapan, native. Charge. — " Assault with intent to kill" (one specification). Pleas. — To the specification, "not guilty;" to the charge, "not guilt}'." Findings. — Of the specification, "not guilty;" of the charge, "not guilty." And the commission does therefore "acquit" him, Miliano Catapan, native. In the foregoing case of Miliano Catapan, native, the proceedings, findings, and acquittal are approved. The accused will be released from confinement. II. Jose Claro de Jesus, native. Charge. — "Violation of the laws of war" (two specifications). Pleas. — To the first specification, "not guilty;" to the second specification, "not guilty;" to the charge, "not guilty." Findings. — Of the first specification, "not guilty;" of the second specification, "not guilty; " of the charge, "not guilty." The commission does therefore "acquit" him, Jose Claro de Jesus, native. In the foregoing case of Jose Claro de Jesus, native, the proceedings, findings, and acquittal are approved. The accused will be released from confinement. By command of Major-General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. /., Juhj 11, 1900. General Orders, Xo. 51. Before a military commission which convened at Laoag, Ilocos Xorte, Luzon, P. I., April 26, 1900, pursuant to paragraph 2, special orders, Xo. 64. Office Military Gov- ernor of Xorthwestern Luzon and Headquarters Separate Brigade, Eighth Armv Corps, April 2, 1900, and of which Maj. Samuel M. Swigert, Third L^. S. Cavalry, was president and first Lieut. Wilson G. Heat on. Thirty-fourth Infantry, L". S. Vols., was judge-advocate, was arraigned and tried Cerferino Francisco, a native. Charge. — "Murder" (two specifications). Pleas. — To the first specification, "not guilty;" to the second specification, "not guilty;" to the charge, "not guilty." Findings. — Of the first specification, "guilty;" of the second specification, "guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Cerferino Francisco, native, "To be hung by the neck until dead, at such time and place as the review- ing authority may direct; two-thirds of the commission concurring therein." In the foregoing case of Cerferino Francisco, native, there is some technical error in the findings under the first specification and under the charge, but it is not deemed of such a nature as to necessitate disapproval. The finding under the second speci- fication is disapprove:tence. — And the commission does therefore sentence him, Pedro Paleis, "to be confined at hard labor, at such place as the reviewing authority may direct, for the period of twenty (20) years." In the foregoing case of Pedro Paleis, native, the sentence is confirmed, but is miti- gated to confinement at hard labor for a period of ten (10) years, and as thus miti- gated will be duly executed at the presidio de 3Ianila, to which place the i^risoner will be sent under proper guard. By command of Major-General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. i., August 11, 1900. General Orders, Xo. 68. Before a military commission which convened at Binalonan, province of Pangasi- nan, Luzon, P. L, pursuant to paragraph 4, Special Orders, Xo. 10. May 31, 1900, Headquarters Department of Xorthern Luzon, and of which Capt. Frederick S. Wild, Thirteenth L^. S. Infantry, was president, and Capt. Arthur Johnson, adjutant. Thirteenth L^. S. Infantry, was judge-advocate, was arraigned and tried Guillermo Espejo, a native. Charge I. — "Disturbance of the peace" (one specification). Charge II. — "Assault and battery with intent to do bodily harm" (one speci- fication) . Charge III. — "Murder" (one specification). Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." To the specification, third charge, "not guilty." To the third charge, "not guilty." Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the sx^ecification, second charge, "guilty, except the w^ords, 'and Pablo Beltran,' and of the excepted words not guilty." Of the second charge "guilty." Of the specification, third charge, "guilty, except the words, 'shooting them, the said Asperin, Rollan, and Beltran, with guns,' and of the excepted words not guilty." Of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, Guillermo Espejo, "to be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring, therein." In the foregoing case of Guillermo Espejo, native, the proceedings and findings are approved. The sentence is confirmed, but is commuted to confinement at hard labor for the period of twenty (20) years, and as thus commuted will be duly exe- cuted at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division op the Philippines, Manila, P. L, August 11, 1901. General Orders, Xo. 69. Before a military commission which convened at Batangas, province of Batangas, Luzon, P. I., pursuant to paragraph 3, Special Orders, Xo. 81. ]March 2Q, 1900, Head- quarters Department of the Pacific and Eighth Army Corps, and of which Col. Ge'orge S. Anderson, Thirty-eighth Infantry, L". S. Volunteers, was president, and Capt. John S. Powell, Thirty-eighth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Juan Buenafe, a native. Charge I. — "Lurking as a spy" (one specification). Charge II. — "Violation of laws of war" (one specification). Pleas — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." Findings. — Of the specification, first charge, "not guilty." Of the first charge, ' ' not guilty. ' ' Of the specification, second charge, ' ' guilty, except the words ' prepare CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 21 bullets and other munitions of war, select and prepare places of ambuscade ' and the words 'and he, the said Juan Buenafe, did secretly further advise and commit divers acts of hostility and perfidy' and of the excepted words not guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Juan Buenafe, 'Ho be confined at hard labor, at such place as the reviewing authority may direct, for five (5) years." In the foregoing case of Juan Buenafe, native, the findings on the first charge and specification are approved. The evidence of record as to the second charge does not show the commission of the offenses charged with that certainty which the law requires. The findings of the commission on the second charge and its specification and the sentence are therefore disapproved. The accused will be held as a prisoner of war. By command of Major-General Mac Arthur: M. Barber, Assistant Adjutant- General. Headquarters Division op the Philippines, Manila, P. J., August 20, 1900. General Orders, No. 71. Before a military commission which convened at Pulilan, province of Bulacan, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 53, Headquarters Depart- ment of Northern Luzon, June 15, 1900, and of which Maj. Albert Laws, Thirty- fifth Infantry, U. S. Volunteers, was president, and First Lieut. Alvin C. Voris, Thirty-fifth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Marcos Belasquez, Feliciano de Guzman, alias "Butas," Feliciano Mendoza, alias ^'Bulutong," Regino Servant es, natives. Charge I. — "Kidnaping a president of a town under civil government estab- lished by the United States military authorities in the Philippine Islands ' ' (one specification ) . Charge II. — "Murder" (one specification). Pleas. — To the specification, first charge, Marcos Belasquez and Feliciano Mendoza, alias "Bulutong," each of them, "not guilty;" Feliciano de Guzman, alias "Butas," and Regino Servantes, each of them, "guilty." To the first charge, Marcos Belasquez and Feliciano Mendoza, alias "Bulutong," each of them, "not guilty;" Feliciano de Guzman, alias "Butas," and Regino Servantes, each of them, "guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." Findings. — Of the specification, first charge, Marcos Belasquez, "not guilty;" Felicano de Guzman, alias "Butas," Feliciano Mendoza, alias "Bulutong," and Regino Servantes, "guilty, except to the words 'murdering him,' substituting there- for the words 'doing bodily harm to him;' of the excepted words, not guilty, of the substituted words, guilty." Of the first charge, Marcos Belasquez, "not guilty;" Feliciano de Guzman, alias "Butas," Feliciano Mendoza, alias "Bulutong," and Regino Servantes, "guilty." Of the specification, second charge, Marcos Belasquez, "not guilty;" Feliciano de Guzman, alias "Butas," Feliciano Mendoza, alias "Bulutong," and Regino Servantes, "guilty, except to the words 'shooting the said Crispino San Pedro with a rifle of rifles,' and substituting therefor 'striking the said Crispino San Pedro with a rifle and by stabbing and cutting him with a dagger or bolo;' of the excepted words, not guilty, and of the substituted words, guilty." Of the second charge, Marcos Belasquez, " not guilty;" Feliciano de Guzman, alias "Butas," Feliciano Mendoza, alias "Bulutong," and Regino Servantes, "guilty." Sentence. — The commission does therefore "acquit" the said Marcos Belasquez, a native, and does sentence the said Feliciano de Guzman, alias "Butas," Feliciano Mendoza, alias "Bulutong," and Regino Servantes, natives, and each of them, "to be hanged by the neck until each of them l)e dead, at such place and time as the reviewing authority may direct, an unanimous concurrence therein." In the foregoing case of Marcos Belasquez, Feliciano de Guzman, alias "Butas," FeUciano Mendoza, alias "Bulutong," and Regino Servantes, natives, the proceedings and findings are approved. The acquittal of Marcos Belasquez by the connnission, and the remission of the sentence awarded Regino Servantes by the commanding general. Department of Northern Luzon, are approved. The sentences awarded the defendants, Feliciano de Guzman, alias "Butas," and Feliciano Mendoza, alias "Bulutong," as approved by the department commander, are confirmed, but are 22 CHARGES OF CRUELTY, ETC., TO FILIPINOS. commuted to confinement at hard labor for the period of fifteen (15) years, and, as thus conmiuted, will be duly executed at the presidio de Manila, to which place the prisoners will be sent under proper ^uard. Marcos Belasquez and Regino Servantes will be released from custody. By command of Major-General INIacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. J., August 20, 1900. General Orders, No. 72. Before a military commission which convened at Binalonan, province of Panga- sinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department of Northern Luzon, June 25, 1900, of which Maj. Joseph W. Duncan, Thirteenth U. S. Infantry, was president, and First-Lieut. Harvey W. Miller, Thir- teenth U. S. Infantry, was judge-advocate, was arraigned and tried: I. Ambrosio Fabia, a native. Charge I. — "Assault and battery " (one specification). Charge II. — "Murder" (one specification). Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guiltv." To the specification, second charge, "notguiltv." To the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty, except the words, ' with a club,' and of the excepted words not guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the word 'clubs,' substituting therefor the word 'lances,' and inserting between ths word 'bolos' and 'inflicting' the words ' and a lance,' of the substituted and inserted words guilty, and of the excepted words not guilty." Of the second charge. " not guilty." Sentence. — And the commission does therefore sentence him, Ambrosio Fabia, native, "to be confined at hard labor, at such place as the reviewing authority may direct, for the period of ten years," which sentence was approved by the department commander. In the foregoing case of Ambrosio Fabia, native, the proceedings and findings are approved. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. II. Canuto Albaro, a native. Charge. — "Murder" (one specification). Pleas. — To the specification, " not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Canuto Albaro, native, "to be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Canuto Albaro, native, the proceedings and findings are approved. The sentence as approved by the department commander is confirmed, but is commuted to confinement at hard labor for the period of fifteen years, and as thus commuted will be duly executed at the Presidio de [Manila, to which place the prisoner will be sent under proper guard. III. Baltazar Fabia, a native. Charge — "Murder" (on€ specification). Pleas. — To the specification, "not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Baltazar Fabia, native, "to be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein;" which sentence was mitigated by the connnanding general, Department of Northern Luzon, to " confinement at hard labor for life." In the foregoing case of Baltazar Fabia, native, the proceedings and findings are approved. The sentence as mitigated by the commanding general. Department of Northern Luzon, is confirmed, and and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: M. Barber, Assistant Adjutant- General. CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 23 Headquarters Diyisiox of the Philippines, Manila, P. I., August eo, 1900. General Orders, No. 73. Before a military commission which convened at Apalit, province of Pampanga, Luzon, P. I., pursuant to paragraph 1, Special Orders, Xo. 53, Headquarters Depart- ment of Northern Luzon, June 15, 1900, and of which Maj. Albert Laws, Thirty-fifth Infantry, U. S. Volmiteers, was president, and First Lieut. Alvin C. Yoris, Thirty- fifth Infantry, V. S. Volunteers, was judge-advocate, was arraigned and tried Basilio Lalu, a native. Charge. — ' ' Murder ' ' ( one specification) . Pleas. — To the specification, "not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty, except to the word 'shooting,' substi- tuting therefor 'striking and stabbing,' and to the words 'Remington rifle' substi- tuting therefor 'bolo or dagger;' of the excepted words, not guilty, and of the substituted words guilty. " Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Basilio Lalu, a native, ' ' To be hanged by the neck until he be dead, at such time and place as the reviewing authority may direct, an unanimous concurrence therein." In the foregoing case of Basilio Lalu, native, it is clearly shown by two witnesses for the prosecution that a band of men, of whom the accused was one, armed with rifles and bolos, and none of them iti uniform, beat and wounded Francisco Salaveria with these weapons for several hours, his arms being tied behind him, conducting him while so doing to a secluded spot, where, as testified to by two other witnesses, he was stabbed with a bolo in the hands of the accused and where he died and was buried by these witnesses, at the command, as one of them testifies, of the accused, who threatened them with death if they should divulge the crime which they had been compelled to witness. The accused, though represented by counsel, offered no evidence to meet this con- vincing testimony. Sworn at his own request as a witness for himself, and informed of his rights and privileges, while accusing two of the witnesses against him as being equally guilty with himself, he admitted "taking Francisco away and killing him," and he attempted no justification therefor other than that "the people of the barrio were making so many complaints about Francisco being a detective for the Ameri- cans that our captain, Simeon Mamangun, ordered us to seize and kill him." Without the incriminating evidence of the accused himself thus voluntarily given, the case against him is complete, and devoid of error. The effect of his own admis- sions is to make absolutely certain that which is otherwise established beyond a reasonable doubt; even without them the record indisputably shows the accused to have been an active principal in a brutal and deliberate murder committed by a band of assassins and guerrillas; one forbidden alike by the civil law and the usages of war, and for which the only adequate punishment is death. The sentence, which was duly approved by the department commander on July 30, 1900, is confirmed and will be duh" executed on the 7th day of Septeml^er, 1900, at Apalit, province of Pampanga, Luzon, P. I., under the direction of the commanding general. Department of Northern Luzon. By command of Major-General Mac Arthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., August 20, 1900. General Orders, No. 74. Before a military commission which convened at Binalonan, province of Pangasi- nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters Department of Northern Luzon, ]\Iay 31, 1900, and of wliich Capt. Frederick S. Wild, Thirteenth L^. S. Infantry, was president, and Capt. Arthur Johnson, adjutant Thir- teenth U. S. Infantry, was judge-advocate, was arraigned and tried Estanislao Espejo, a native. Charge I. — "Disturbance of the peace" (one specification). Charge II. — "Assault and l^attery with intent to do bodily harm" (one specifica- tion) . Charge III. — "Murder" (one specification). Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, ' ' not guilty. ' ' To the specification, third charge, ' ' not guilty. ' ' To the third charge, "not guilty." 24 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Of the specification, third charge, "guilty, except the words, 'shooting them, the said Asperin, Rollan, and Beltran, with guns and stabbing,' substituting therefor the word 'cutting.' Of the excepted words 'not guilty,' of the substituted word 'guilty.' " Of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, Estanislao Espejo, "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Estanislao Espejo, native, the proceedings and findings are approved. The sentence, as approved by the department commander, is con- firmed, but is commuted to imprisonment at hard laljor for the period of his natural life. The sentence as commuted will ])e duly executed at the presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., August 29, 1900. General Orders, No. 77. Before a military commission which convened at Sara, Panay, P. I., pursuant to paragraph 1, Special Orders, No. 72, Headquarters Department of the Yisavas. June 30, 1900, and of which Lieut. Col William M. Van Home, Eighteenth U. S. Infantry, was president, and Capt. Edwin F. Glenn, Twenty-fifth E. S. Infantry, was judge, advocate, was arraigned and tried: I. Julian Baradas, a native. Charge. — ' ' Murder. ' ' Specijication. — "In that on or al)out the 12th day of March, A. D. 1900, then as now a time of insurrection, at the barrio of Taybas, district of Concepcion, island of Panay, P. I., a place then as now occupied by the military forces and under the military government of the United States, one Julian Baradas, a native, did, on the day and at the place aforesaid, willfully, feloniously, and with malice aforethought, then and there, assault, murder, and kill one Serbino Arbigoso, a native, by then and there striking and cutting with a sharp instrument, commonly called a bolo, the said Serbino Arbigoso, then and there and in manner aforesaid inflicting on the said Serbino Arbigoso various and divers wounds and cuts, by reason of which said wounds and cuts, so inflicted as aforesaid, the said Serbino Arbigoso, died at San Dionisio, in said district of Concepcion, on or about the 13th dav of March, A. D. 1900." Pleas. — To the specification, "not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty, except the words 'and with malice afore- thought' and the word 'murder,' and of the excepted words 'not guilt}'.' " Of the charge, " not guilty of 'murder,' but guilty of 'manslaughter.' " Sentence. — And the commission does therefore sentence him, Julian Baradas, "to be confined, at such place as the reviewing authority may designate, for the period of twenty (20) years at hard labor." In the foregoing case of Julian Baradas, native, the proceedings and findings are approved. The sentence is confirmed, but in accordance with the recommendation of the department commander is mitigated to confinement at hard labor for the period of six (6) years; and as thus mitigated, will be duly executed at the presidio de ^Manila, to which place the prisoner will be sent under proper guard. II. Pablo de los Reyes, alias Pablo Catalan, native. Charge I. — "Manslaughter." Specification. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, did, on or "about the 18th day of December, A. I). 1S99, then as now a time of insurrec- tion, in the town of CoUassi, district of Concepcion, island of Panay, P. L, a place then as now under the military government of the United States, in company of and consorting with a band of armed outlaws to the number of fifty, more or less, com- manded and led by the said Pablo de los Reves, alias Pablo Catalan, feloniously and willfully kill one Leon Perez with a bolo held in the hands of the said Pablo de los Reyes, alias Pablo Catalan, and in the hands of members of said band of armed outlaws, names unknown, inflicting upon the person of the said Leon Perez various and divers wounds, whereof he, the said Leon Perez, then and there died." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 25 Charge II. — "Arson." Specification. — " In that he, Pablo de los Reyes, ahas Pablo Catalan, a native, did, on or about the 18th day of December, A. D. 1899, then as now a time of insurrec- tion, in the town of Collassi, district of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, in company of and consorting with a l)and of armed outlaws to the number of fifty, more or less, com- manded and led by the said Pablo de los Reyes, alias Pablo Catalan, wilfully, feloni- ously, and maliciously set tire to and burn six dwelling houses, the property of and occupied by Adreano Barredo, Marcelo Batema, Tiburcio Batema, Braulia Terwin, Fausto Bonavista, and Andre Banasig, natives." Charge III. — "Assault and battery with intent to kill." Specification. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, did, on or about the 14th day of December, A. D. 1899, then as now a time of insurrec- tion, at the hacienda Balogo, near barrio of Monogcoracora, district of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, in company of and consorting with a band of armed outlaws to the number of fifty, more or less, commanded and led by the said Pablo de los Reyes, alias Pablo Catalan, order and direct a violent assault to be made upon one Francisco Bagaporo by meml:)ers of said band, with bolos held in the hands of members of said band of outlaws, names unknown, directing and causing various and divers cuts and wounds to be made upon the head and face of the said Francisco Bagaporo, with said bolos so held as aforesaid, with intent then and there feloniously, wilfully, and with malace aforethought, to then and there murder and kill the said Francisco Bagaporo." Charge IV.— "Robbery." Specification 1. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, did, on or about the 14th day of December, A. D. 1899, then as now a time of insurrec- tion, at or near the town of Monogcoracora, district of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, in company of and consorting with a band of armed outlaws to the number of fifty, more or less, commanded and led by the said Pablo de los Reyes, alias Pablo Catalan, feloniously and forcibly take, steal, and carry away from Alejo Posadas, a native, the following, to wit: Four rifles of the value of !5200, two carabao of the value of $80, eighteen cavanes of rice, of the value of $90, and $2 in currency, of the total value of $372 in Mexican currency and the property of said Alejo Posadas." Specifications. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, on or about the 14th day of December, A. D. lS99, then as now a time of insurrection, at or near the town of Monogcoracora, district of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, in company of and consorting with a band of armed outlaws, to the number of fifty, more or less, did forcibly and feloniously take, steal, and carry away from the natives resident upon the hacienda of one Alejo Posadas, the clothing, rice, and other property con- tained in the houses of and owned by the said natives, names unknown." Specification S. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, on or about the 14th day of December, A. D. 1899, then as now a time of insurrection, at or near the town of Pili, district of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, in company of and con- sorting with a baiid of armed outlaws to the number of fifty, more or less, commanded and led by the said Pablo de los Reyes, alias Pablo Catalan, did feloniously and forci- bly take, steal, and carry away from the inhal)itants of the said town of Pili, a quan- tity of money and rice, value unknown, the property of said inhabitants, names unknown." Charge V. — "Abduction." Specification. — " In that he, Pablo de los Reyes, alias Pablo Catalan, a native, on or about the 9th day of December, A. D. 1899, then as now a time of insurrection, at or near the town of Pili, district of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, in company of and con- sorting with an armed band of outlaws to the number of fifty, more or less, com- manded and led by the said Pablo de los Reyes, alias Pablo Catalan, did abduct Paulina Astorga, Paula Molina, ^Faria Articona, Catalina Molina, and Justa Articona, native women, by forcil)ly comjielling said women to accompany him, the said Pal)lo de los Reyes, alias Pablo Catalan, and his said band of outlaws." Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "not guilty;" to the second charge, " not guilty;" to the specification, third charge, "not guilty;" to the third charge, "not guilty;" to the first specification, fourth charge, "not guilty;" to the second specification, fourth charge, "not guilty;" to the third specification, fourth charge, 26 CHAEGES OF CEUELTY, ETC., TO FILIPINOS. "not guilty;" to the fourth charge, "not guilty;" to the specification, tilth charge, " not guilty;" to the fifth charge, " not guilty. " Findings. — Of the specification, first charge, "guilty, except the words- ' with a bolo held in the hands of the said Pablo de los Reyes, alias Pablo Catalan and,' and of the excepted words not guilty." Of the first charge, "guilty;" of the specifica- tion, second charge, "guilty;" of the second charge, "guilty;" of the specification, third charge, "guilty;" of the third charge, "guilty;" of the first specification, fourth charge, "guilty; " of the second specification, fourth charge, "guilty; " of the third specification, fourth charge, "guilty;" of the fourth charge, "guilty;" of the specification, fifth charge, "guilty;" of the fifth charge, "guilty." Sentence. — And the commission does therefore sentence him, Pablo de los Reyes, alias Pablo Catalan, "to be confined for the period of twenty years at hard labor at such place as the reviewing authority may designate." In the foregoing case of Pablo de los Reyes, alias Pablo Catalan, native, the pro- ceedings and findings, except the findings upon the first and second charges and the specifications thereto, disapproved by the department commander, are approved. The sentence is confirmed, but in accordance with the recommendation of the depart- ment commander, is mitigated to confinement at hard labor for the period of seven years, and as thus mitigated will be duly executed at the Presidio de Manila, to Avhich place the prisoner will be sent under proper guard. III. Juan Cape y Caspillo, native. Charge I. — "Assault and battery with intent to rob." Specification. — " In that, on the 13th day of June, A. D. 1900, then as now a time of insurrection, at the pueblo of Concepcion, province of Concepcion, island of Panay, P. I., a place then as now under the military government of the United kStates, one Juan Cape y Caspillo, a native, in company of and consorting wdth a band of armed outlaws, to the number of twenty, more or less, did fire three shots from a rifle in the hands of said Juan Cape y Caspillo, into the house of one Laureano Pendon, a native, knowing said house to be occupied at the time by one or more members of the family of the said Laureano Pendon, and said house being so occupied, and did thereupon enter the said house, and did, then and there violently assault one Catalina Pendon, wife of the said Laureano Pendon, by striking and beating the said Catalina Pendon with a bolo in the hands of the said Juan Cape y Caspillo, with intent then and there to compel the said Catalina Pendon to reveal the whereabouts of certain moneys supposed to be hidden in the said house or premises of the said Laureano Pendon, and with intent then and there forcibly and violently to take, steal, and carry away said moneys and appropriate the same to the use of himself and members of said band. Charge II. — "Robbery." Specification 1. — "In that, on the 18th day of June, A. D. 1900, then as now a time of insurrection, at the pueblo of Concepcion, province of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, one Juan Cape y Caspillo, a native, in company of and consorting with a band of armed outlaws, to the number of twenty, more or less, did enter the house of one Laureano Pendon, a native, and did then and there violently and forcibly take, steal, and carry away from the said house and from the premises of the said Laureano Pendon the following, to wit: "Jewelry to the value of |500, gold and silver coin to the value of $500, clothing to the value of $400, one rifle to the value of $50, tobacco of the value of $25, wines of the value of $20, and twenty-four carabaos of the value of $760, all of the aforesaid values being in Mexican currency, and the total value of the articles and carabaos so taken as aforesaid amounting to $2,255 in Mexican currency, and being the property of the said Laureano Pendon." Spjecification 2. — "In that, on the 13th day of June, A. D. 1900, then as now a time of insurrection, at the pueblo of Concepcion, province of Concepcion, island of Panay, P. I., a place then as now under the military govermnent of the United States, one Juan Cape y Caspillo, a native, in company of and consorting with a band of armed outlaws, to the number of twenty, more or less, did enter the house of one Tranquilino Longno, a native, and did then and there forcibly and feloniously take, steal, and carry away from the said house and the premises of the said Tranquilino Longno the following, to wit: "Twenty cabanes of rice of the value of $100, jewelry of the value of $100, silver currency amounting to $250, clothing contained in six boxes of the value of $600, tobacco of the value of $50, and nine carabaos of the value of $315, all of the afore- said values being in ^Mexican currency, and the total values of the articles and cara- baos so taken as aforesaid being $1,415 Mexican currency, and all the property of the said Tranquilino Longno." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 27 Charge III.— ''Abduction." Specification. — "In that, on the 13th day of June, A. D. 1900, then as now a time of insurrection, at the pueblo of Concepcion, province of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, one Juan Cape y Caspillo, a native, in company of and consorting with a band of armed outlaws, to the number of twenty, more or less, did enter the house of one Laureano Pendon, a native, and did then and there seize the person of one Catalina Pendon, the wife of said Laureano Pendon, and Sotera de la Pendon, a servant of the said Laureano Pendon, and did then and there bind and tie with cords the said Catalina Pendon and Sotera de la Pendon, and then and there forcibly and against the wills of the said Catalina Pendon and Sotera de la Pendon, and against the will of each of them, compel the said Catalina Pendon and Sotera de la Pendon to accompany the said band of armed outlaws from the said pueblo of Concepcion. ' ' ChaeCtE IV. — "Assault with intent to kill." Specification. — "In that, on the 13th day of June, A. D. 1900, then as now a time of insurrection, at or near the pueblo of Concepcion, province of Concepcion, island of Panay, P. I., a place then as now under the military government of the United States, one Juan Cape y Caspillo, a native, in company of and consorting with a band of armed outlaws, to the number of twenty, more or less, did violently assault one Laureano Pendon and one Tranquilino Longno, natives, by firing two or more shots, from a rifle held in the hands of said Juan Cape y Caspillo, at the said Laureano Pendon and said Tranquilino Longno, with the intent then and there feloniously, willfully, and with malice aforethought, to kill the said Laureano Pendon and the said Tranquilino Longno." Pleas. — To the Specification, first charge, "not guilty;" to the first charge, "not guilty;" to the first specification, second charge, "not guilty; " to the second speci- fication, second charge, "not guilty;" to the second charge, "not guilty;" to the, specification, third charge, "not guilty;" to the third charge, "not guilty;" to the specification, fourth charge, "not guilty;" to the fourth charge, "not guilty." FiNDiNCiS. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" of the first specifi^cation, second charge, "guilty;" of the second specifi- cation, second charge, "guilty;" of the second charge, "guilty;" of the specifica- tion, third charge, "guilty;" of the third charge, "guilty;" of the specification, fourth charge, "guilty;" of the fourth charge, "guilty." SENTE^XE. — And the commission does therefore sentence him, Juan Cape y Cas- pillo "to be confined at hard labor, at such place as the reviewing authority may designate, for the period of twenty years." In the foregoing case of Juan Cape y Caspillo, native, the proceedings and findings are approved. The sentence is confirmed, but in accordance with the recommenda- tion of the department commander is mitigated to confinement at hard labor, for the period of eight years, and as thus mitigated will be duly executed at the Presidio de Manila, to wliich place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: M. Baeber, Assistant Adjutant- General. Headquaetees Division of the Philippines, Manila, P. /., September 1, 1900. General Orders, No. 80: Before a military commission which convened at Vigan, province of Ilocos Sur, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 74, Headquarters Depart- ment of Northern Luzon, July 6, 1900, and of Avhich Maj. Edgar Z, Steever, Third U. S. Cavalry, was president and First Lieut. Earle Edmundson, Thirty-third Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Segundo Arcella, a native scout. Chaege I. — "Rape, in violation of the 58th article of war." Specification. — "In that Segundo Arcella, a duly enrolled scout in the service of the United States, did make an assault upon and by force and violence and without her consent did ravish and carnally know one Elena Bergara, native." "This hi time of insurrection, at or near the barrio of Santa Maria, Ilocos Sur, Lu- zon, on or about June 6, 1900." Chaege 11. — "Forcible abcUiction, to the prejudice of good order and military discipline." Specification. — "In that Segundo Arcella, a duly enrolled scout in the service of the United States, did feloniously and forciblv seize and al)duct one Elena Bergara from 28 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. her house, said Elena Bergara being a legal resident of San Esteban. This in the time of insurrection, at said town of San Esteban, Ilocos Sur, Luzon, P. I., about June 6, 1900." Pleas. — To the specification, first charge, ''guilty;" to the first charge, "guilty;" to the specification, second charge, "guilty;" to the second charge, "guilty." Findings. — "Of the specification, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Segundo Arcella, a native scout, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Segundo Arcella, a scout in the service of the United States, the confession of the accused of his guilt is confirmed by the testimony of his victim. In recording its sentence the commission has but expressed the measure of abhor- rence in which all civilized nations hold the crimes of forcible abduction and rape. The sentence is approved, but upon the recommendation of the department com- mander it is commuted to confinement at hard labor for the period of twenty (20) years, and as thus commuted will be duly executed at the presidio de Manila, to w^hich place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: M, Barber, A ssistant A djutant- Genera I. Headquarters Division op the Philippines, Manila, P. I., September 1, 1900. General Orders, No. 81. Before a military commission which convened at Tuguegarao, province of 'Cagayan, Luzon, P. I., pursuant to paragraph X, Special Orders, No. 43, Headquarters Depart- ment of Northern Luzon, June 8, 1900, and of which Col. William H. Beck, Forty- ninth Infantry, V . S. Volunteers, was president, and Maj. Robert Gage, Forty-ninth, Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Domingo Sutilo, alias Domingo the Tagalo, native. Charge I. — "Violation of the laws of war." ySpecificatio7i. — "In that he, Domingo Sutilo, native, alias Domingo the Tagalo, did command a squad of natives, eight in number, more or less, and make an armed raid upon the town of Tuguegarao, Luzon, P. I., on the night of May 20, 1900, or thereabouts; he, the said Domingo Sutilo, being Avithout commission from any gov- ernment, and occasionally assuming the semblance of peaceful pursuits; and in that he, with arms in his hands, did force said natives to join him in said hostile raid on the town of Tuguegarao by threatening their lives and the lives of their women and children and the destruction of their property in case they refused to join him in said raid, it being for the avowed purpose of attacking the guardhouse, or carcel, at said Tuguegarao and to release the prisoners confined therein, said prisoners being held by the authority of the United States, and did lead in an attack, with arms in his hands, against troops of the United States posted as guard at the guardhouse in the town of Tuguegarao, Luzon, P. I. This at the time and place above specified." Charge II. — "Robbery." Specification 1. — "In that he, Domingo Sutilo, native, alias Domingo the Tagalo, native, on or about February 20, a time then as now of insurrection, did lead a party, or was a prominent member thereof, to rob and did rob a house in Rancho Bical, a rancho of Piila Blanca, province of Cagayan, P. I., which rancho was at the time and is within the lines occupied by the United States Army, taking therefrom, forcibly, 1 seine, valued at |8, and 110 in cash, the property of Jacinto Mallonga, the resident of said house." "This at the place named, on or about February 20, 1900." Specification 2 . — "In that he, Domingo Sutilo, native, alias Domingo the Tagalo, did lead a party, or was a prominent member thereof, to rob and did rob a house in Rancho Bical, a rancho of Piila Blanca, province of Cagayan, P. I., which rancho was at the time and is within the lines occupied by the United States Army, taking therefrom, forcibly, 1 piece of silk cloth valued at |10, seine valued at $2.50, and 6 roosters valued at $3, the property of Pasqual Berang, the resident of said house." "This at place named, on or about February 20, 1900." Specifications. — "In that he, Domingo Sutilo, native, alias Domingo the Tagalo, did lead a party, or was a prominent member thereof, to rob and did rob a house in Rancho Bical, a rancho of Piila Blanca, province of Cagayan, P. I., which rancho was at the time and is within the lines occupied by the United States Army, taking CHARGES OF CRUELTY, ETC., TO FILIPINOS. 29 therefrom, forcibly, 2 blankets valued at |6, 1 seine valued at $5, 1 gold comb valued at $3, 1 gilt rosary valued at 25 cents, and $60 in money, the property of Pedro Eozalez, the resident of said house." "This at the place named, on or about February 20, 1900." Pleas. — To the specification, first charge, "guilty;" to the first charge, "guilty;" to the first specification, second charge, "guilty;" to the second specification, second charge, "not guilty;" to the third specification, second charge, "not guilty;" to the second charge, "guilty." Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty." Of the first specification, second charge, "guilty, except the words 'eight dollars,' of the excepted words not guilty, substituting therefor the words 'seven dollars,' and of the substituted words guilty." Of the second specfication, second charge, "guilty, except of the words 'ten dollars, two dollars and fifty cents,' of the excepted word not guilty, substituting therefor the words 'seven dollars, and two dollars,' and of the substituted words guilty." Of the third specification, second charge, "guilty, except the words ' one gold comb valued at three dollars, one gilt rosary valued at twenty-five cents, ' of the excepted words not guilty." Ofthe second charge, "guilty." Sentence. — And the commission does therefore sentence him, Domingo Sutilo, native, alias Domingo the Tagalo, "to be confined at hard labor, at such place as the reviewing authority may direct, for a period of thirty (30) years." In the foregoing case of Domingo Sutilo, native, alias Domingo the Tagalo, the sentence was duly approved by the department commander on the 20th day of August, 1900, and is confirmed, but is mitigated to confinement at hard labor for the period of ten (10) years, and as thus mitigated will be duly executed at the Presidio de Manila, P. I., to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division op the Philippines, Manila, P. I., September 1, 1900. General Orders, No. 82, Before a military commission which convened at Bautista, province of Pangasinan, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 63, Headquarters Depart- ment of Northern Luzon, June 25, 1900, and of which Captain Daniel H. Brush, Seventeenth U. S. Infantry, was president, and First Lieut. David P. Cordray, Sev- enteenth U. S. Infantry, was judge-advocate, was arraigned and tried Terega Pagarigan and Baymondo Bergora, natives. Charge. — "Murder." Specification. — "In that Terega Pagarigan and Baymondo Bergora, natives, and each of them, on or about March 22, 1900, then as now in time of insurrection, near the barrio of San Jose, pueblo of Moncada, province of Tarlac, Luzon, P. L, a place then as now in the theater of active military operations, in company with a band of ladrones armed with rifles and bolos and numbering ten, more or less, did, willfully, feloniously, and with malice aforethought, kill and murder three natives, Lucas Poco, Jocquin Tiansin, and Mariano de A'era, by clubbing them with said rifles held in the hands of Terega Pagarigan and Baymondo Bergora, inflcting wounds there- with whereof they, the said Lucas Poco, Jocquin Tiansin, and Mariano de Vera then and there died." "This at the time and place above specified." Pleas. — To the specification, "not guilty;" to the charge, "not guilty." Findings. — Of the specification, "guilty, with the exception of the words 'Lucas Poco, Jocquin Tiansin, and Mariano de Vera,' substituting therefor the words 'names unknown,' and of the excepted words not guilty and of the substituted word guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Terega Pagarigan and Baymondo Bergora, natives, and each of them, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Terega Pagarigan and Baymondo Bergora, natives, the evidence that the accused deliberately beat to death with the butts of their rifles three natives who were bound while their murder was being accomplished, is over- whelming and conclusive, and established the further fact that the accused are ladrones or guerrillas. Both of the accused, after being informed of their priv ileges, were at their request sworn in their own behalf. One, Terego Pagarigan, 30 CHAEGES OF CRUELTY ETC., TO FILIPINOS. admitted that the murdered men were tied, as previously testified to, but claimed that this was done by people from San Juan, and denied that the men were killed, claiming that they died from lack of food. The other, Raymondo Bergora, con- tented himself with saying that the murdered men had robbed him of two carabaos, and that when he arrived upon the scene they were already tied. He explained that he did not untie them, because he was afraid of his companion in crime, Pagarigan, who he says was armed with a gun. The evidence of these accused in no way discredits the testimony against them, which is complete and convincing. That the prosecution was unable to prove the names of the murdered men is explained in the testimony of record, from which it appears that they had lived in another locality than that in which the murder was committed. The fact in no way affects the correctness of the findings or sentence. The gist of the crime was proved when it was shown beyond a reasonable doubt that the accused beat to death, in the manner and form as charged, the three natives, the burial as well as killing of which a number of witnesses have testified to. The sentence, which was duly approved by the department commander on July 30, 1900, is confirmed, and will be duly executed on the 21st day of September, 1900, at the pueblo of Moncada, province of Tarlac, Luzon, P. I., under the direction of the commanding general, Department of Northern Luzon. By command of Major-General Mac Arthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I. , September 5, 1900. General Orders, No. 83. Before a military commission which convened at Binalonan, province of Pangasi- nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters Department of Northern Luzon, May 31, 1900, and of which Capt. Frederick S. Wild, Thirteenth U. S. Infantry, was president, and Capt. Arthur Johnson, adjutant Thirteenth IT. S. Infantry, was judge-advocate, was arraigned and tried Melecio Castillo, Santiago Castillo, and Segundo Obejo, natives. Charge I. — "Assault and battery with intent to do bodily harm." Specification. — "In that Melecio Castillo, Santiago Castillo, and Segundo Obejo, in company of and consorting with armed outlaws to the number of ten, more or less, did, in time of insurrection, enter the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military oper- ations, and did unlawfully seize and conduct therefrom, with intent to do bodily harm, Roman Docosin, Maximino Tabaldo, Severino Prado, Maximo Saborboro, and Dolores Dingli, natives lawfully residing in said barrio. "This at the place above specified at about 10 o'clock p. m. February 17, 1900." Charge 11.—" Murder." Specification. — "In that Melecio Castillo, Santiago Castillo, and Segundo Obejo, in company of and consorting with armed outlaws to the number of ten, more or less, did willfully, feloniously, and with malice aforethought, murder and kill Roman Doco- sin, Maximino Tabaldo, Severino Prado, Maximo Saborboro, and Dolores Dingli, by shooting them, the said Docosin, Tabaldo, Prado, Saborboro, and Dingli, with guns, and stabbing them, the said Docosin, Tabaldo, Prado, Saborboro, and I)ingli, with lances and bolos held in the hands of the said M. Castillo, S. Castillo, and Obejo, and of the said outlaws, inflicting wounds therewith, Avhereof they, the said Docosin, Tabaldo, Prado, Saborboro, and Dingli, then and there died. "This in time of insurrection, on or about February 17, 1900, at or near the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military operations." Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guilty." To the specification, second charge, "not guilty;" to the second charge, "not guilty." FiNDiN(is. — Of the specification, first charge, "guilty, except the words and figures 'February 17, 1900,' substituting therefor the words and figures 'February 18, 1900;' of the excepted words and figures, not guilty; of the substituted words and figures, guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the words 'and Dolores Dingli,' the words 'shooting them, the said Docosin, Tabaldo, Prado, Saborboro, and Dingili, with guns and,' the words 'and Dingli,' the words 'lances and,' the words 'and Dingli,' the words and figures 'February 17, 1900,' substituting therefor the words and figures 'February 18, 1900;' of the excepted words and figures, not guilty; of the substituted words and figures, "guilty." Of the second charge, "guilty." CHARGES OF CRUELTY ETC., TO FILIPINOS. 31 Sentence. — And the commission does therefore sentence them, Melecio Castillo, Santiago Castillo, and Segundo Obejo, and each of them, "To be hmig by the neck until they are dead, at such time and j^lace as the reviewing authority may direct, two-thirds of the members of the connnission concurring therein." In the foregoing case of Melecio Castillo, Santiago Castillo, and Segundo Obejo, who were jointly tried, the sentences, which were duly approved by the command- ing general, Department of Xorthern Luzon, on July 30, 1900, are confirmed' but are, in the case of each of these accused, mitigated to confinement at hard labor for life, and, so mitigated, will he duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. B}^ command of Major-General Mac Arthur: M. Barbek, Assistant Adjutant- Getteral. Headquarters Division of the Philippines, ManUa, P. L, September 10, 1900. General Orders, No. 84. Before a military commission which convened at Bautista, province of Pangasinan, Luzon, P. I., pursuant to paragraph 1, Special Orders, Xo. 63, Headquarters Depart- ment of Xorthern Luzon, June 25, 1900, and of which Capt. Daniel H. Brush, Seven- teenth U. S. Infantry, was president, and First. Lieut. David P. Cordray, Seventeenth Tj. S. Infantry, was judge-advocate, were arraigned and tried Sabastian Tapador and Gregoria Mendoza, natives. Charge. — " Murder. ' ' Specification. — "In that they, Sabastian Tapador and Gregoria Mendoza, natives, and each of them, on or about February 8, 1900, then as now a time of insurrection at or near the barrio of Nelomtap, pueblo of San Carlos, province of Pangasinan, P. I.', a place then as now in the theatre of active military operations, in company of and consorting with Roque Doria, native, the three comprising a band of armed outlaws commanded and led by the said Tapador, did willfully, feloniously, and with malice aforethought kill and murder one Pablo Garcia, a native, by shooting him, the said Garcia, with guns held in the hands of said Tapador and Doria, inflicting womids therewith whereof he, the said Garcia, then and there died. This at the times and places above specified." Pleas. — To the specification, "not guilty." To the charge, "not guilty." Findings. — And the commission finds Gregoria Mendoza, native, one of the accused, of the specification, "not guilty;" of the charge, "not guilty." And the commission does therefore "acquit" him, Gregoria Mendoza, native. Findin(tS. — And the commission finds Sabastian Tapador, native, one of the accused of the specification, "guilty, with the exception of the words 'and Gregoria Men- doza,' 'and each of them,' ' in company of and consorting with Poque Doria, native, the three comprising a band of armed outlaws commanded and led by said Tapador,' 'and Doria,' and of the excepted words, not guilty, substituting the word 'native' for ' natives ' in the place where it follows the names of Sabastian Tapador and Gre- goria Mendoza, and of the substituted word, guilty. Substituting the words 'a gun' for 'guns' in the sentence 'by shooting him, the said Garcia, with guns,' and of the substituted words guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Sabastian Tapador, native, one of the accused, "to be hanged by the neck until dead, at such time and place as the revieAving authority may direct, two-thirds of the members concurring." In the foregoing case of Sabastian Tapador and Gregoria ^lendoza, natives, the proceedings and findings are approved, and the latter, Gregoria Mendoza, will be set at liberty. The sentence in the case of Sabastian Tapador, which was approved by the department commander on August 14, 1900, is confirmed, but is commuted to imprisonment at hard lal)or for the period of his natural life, and as thus commuted will be duly executed at the Presidio de ^lanila, to which place the prisoner will be sent under proper guard. By command of ^Major-General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. /., September 10, 1900. General Orders, Xo. 85. Before a military commission which convened at Apalit, province of Pampanga, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 53, Headquarters Depart- 32 CHAEGES OF CRUELTY ETC.. TO FILIPINOS. ment of Xorthern Luzon, June 15, 1900, and of which Maj. Albert Laws, 35th Lifantry, U. S. Vohniteers, was president, and First Lieut. Alvin C. Voris, 35th Infantry, U. S. Vohmteers, was judge-advocate, was arraigned and tried Edwardo ^lamangun, a native. Charge. — "3Iurder." SpeciticatioiL — "In that he, Edwardo Mamangun, native, on or about March 26, 1900, then as now a time of insurrection, at or near the village of San Nicholas, town of San Simon, island of Luzon, P. L, a place then as now under the military govern- ment of the I'nited States, in company of and leader of a band of outlaws armed with deadly weapons, to wit, Remington rifles, did willfully, feloniously, and with malice aforethought kill and murder one Francisco Salaveria, native, by shooting him, the said Salaveria, with a Remington rifle, inflicting wounds therewith, whereof he, the said Salaveria, then and there died. This at the time and place above specified." Pleas. — To the specification, "not guilty;" to the charge, "not guilty." Findings. — Of the specification, "guilty, except to the words 'shooting,' substi- tuting therefor 'striking and stabbing,' and 'with a Remington rifle,' sulostituting therefor 'with a bolo and dagger;' of the excepted words, not guilty, and of the substituted words, guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Edwardo Maman- gim, a native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct; an unanimous concurrence therein." In the foregoing case of Edwardo INIamangun, native, it is clearly shown by the testimony of several witnesses that the accused was one of a band of outlaws armed with rifles and bolos, that he gave directions and appeared to be in command of said band which, about midnight, took by force Francisco Salaveria from his home and with threats and blows compelled him to go with them to a distant and secluded place, where, the following morning, with a bolo in the hands of a member of the band, their prisoner was murderously assaulted, the accused also aiding in the fatal wounding by thrusting a dagger held in his hand through the neck of his victim. Two witnesses, who were present at the killing of Francisco Salaveria, testify that they were taken by the band from their work and compelled to be present at the time of the murder for the declared purpose of burying the body of the victim. Sworn in his own behalf, the accused first denied and then admitted that he was present with the band. His admissions make conclusive the chain of evidence against him and leave no reasonable doubt that more than any other menber of the band he was responsible for and was an active principal in a most brutal and deliberate murder. The sentence, which was duly approved by the department commander on July 30, 1900, is confirmed, and will be duly executed on the fifth (5th) day of October, A. D. 1900, at the pueblo of Apalit, province of Pampanga, Luzon, P. L, under the direction of the commanding general, Department of Xorthern Luzon. By command of IMajor-General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, September 10, 1900. C-feneral Orders, Xo. 86. Before a military commission which convened at Aparri, province of Cagayan, Luzon, P. L, pursuant to paragraph II, Special Orders, Xo. 79, Headquarters Depart- ment of the Pacific and Eighth Army Corps. March 24, 1900, of which Maj. Henry C. Ward, Sixteenth Y. S. Infantry, was president, and First Lieut. Guy G. Palmer, Sixteenth L". S. Infantry, was judge-advocate, was arraigned and tried Anton Pisca, a native. Charge I. — "Assault and battery, in violation of the laws and usages of war." Specification. — "In that he, Anton Pisca, native, on or about April 9, 1900, then as now a time of insurrection, at or near the barrio of Dugo, pueblo of Camalaniugan, province of C'agayan, P. L, a place then as now in the theater of active military operations, in company of Alberto Mariano and Catalino Lara, did, feloniously and wilfully, without just provocation, assault Aurelio Utames and Deurian Alubani, natives, and did bind them with a rope and carry them, the said Aurelio Ltames and Deurian AluV)ani, captives to the ranch of Valiente, barrio of Dugo, pueblo Camala- niugan, province of Cagayan, P. I." "This at the time and place above specified." CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 33 Charge II. — "Robbery, in violation of the laws and usages of war." Specification. — "In that he, Anton Pisca, native, on or about April 9, 1900, then as now a time of insurrection, at or near the ranch of Valiente, barrio of Dugo, pueblo of Camalaniugan, pro^ince of Cagayan, P. I., a place then as now in the theater of active military operations, in company of Alberto ^Mariano and Catalino Lara, did, feloniously and forcibly, take from the presences of Aurelio Utames and Deurian Alubani, natives, the sum of six (6) pesos, more or less, the property of the said Aurelio Utames and Deurian Alubani." "This at the time and place above specified." Charge III.— "Murder." Specification. — "In that he Anton Pisca, native, on or about February 28, 1900, then as now a time of insurrection, at or near the barrio of Dugo, pueblo of Camalaniugan, province of Cagayan, P. I., a place then as now in the theater of active military opera- tions, in company of persons unknown, did wilfully, feloniously, and with malice afore- thought, kill and murder Che Te Bo, Chic Kue, Chae Levee Co, and Taen Han Chee, Chinamen, with gun or bolo, held in the hand of the said Anton Pisca, inflicting wounds therewith, whereof they, the said Chinamen, then and there died." "This at the time and place above specified." Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, ' ' not guilty. ' ' To the specification, third charge, ' ' not guilty. ' ' To the third charge, "not guilty." Findings. — Of the specification, first charge, ' ' guilty. ' ' Of the first charge, ' ' guilty. ' ' Of the specification, second charge, "guilty." Of the second charge, "guilty." Of the specification, third charge, "not guilty." Of the third charge, "not guilty." Sentence. — And the commission does therefore sentence him, Anton Pisca, native, ' ' to be confined at hard labor, in such penitentiary as the reviewing authority may direct, for two (2) years." In the foregoing case of Anton Pisca, native, the evidence shows that the accused belonged to a band of insurgents; that he, with two comjDanions, arrested two men, Avith the declared intention at the time of taking them before the chief of the insur- gents, and did actually take them to his camp, when the release of the captives was at once ordered, and they were permitted to go away unharmed. The evidence adduced in support of the second charge and its specification is the same as recited above, with the additional fact that one witness testifies that 3 pesos were taken from him and 3 pesos from his companion. The comrade of the witness, vrho was also temporarily deprived of his liberty, was not called to testify. This leaves the proof of the alleged robbery resting upon the testimony of a single witness. In another aspect it may reasonably be inferred that the taking of the money might have been more an incident of the arrest, honestly conceived as an act of war, than an original intent to rob; and as the accused offered evidence of a past honest and industrious life, which was not in any way impeached, the reviewing authority accepts the view most favorable to the accused. So considered the offenses alleged, while technically violating the laws and usages of war, do not, however, take on a sufiiciently serious aspect to call for the jurisdiction of a military commission. The findings upon the first and second charges and their specifications are therefore disapproved. The accused, Anton Pisca, will be detained as a prisoner of war until further orders from these headquarters. By command of Major-General Mac Arthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., September 13, 1900. General Orders, No. 87. I. Before a military commission which convened at Binalonan, province of Pan- gasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, 13th U. S. Infantry, was president, and First Lieut. Harvey AV. Miller, 13th U. S. "Infantry, was judge-advocate, was arraigned and tried : Poman Santiago, native. Charge I. — "Abduction." Specification. — "In that Roman Santiago, a native, in company of and consorting with armed outlaws, to the number of ten, more or less, did unlawfully and feloni- ously seize, bind, and conduct away, against their will, Antonio Estrada and Angel S. Doc. 205, pt 2 3 34 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. Acosta, natives. This in time then, as now, of insurrection, on or about April 20, 1900, at or near Cakipaan, a barrio of Asingan, province of Pangasinan, P. [., a place then, as now, in the theater of military operations." Charge II. — "Robbery." Specification. — "In that Roman Santiago, a native, in company of and consorting with armed outlaws, to the number of ten, more or less, did feloniously and forcibly take from the persons of Antonio Estrada and Angel Acosta forty pesos (40) in coin. This in time then, as now, of insurrection, on or about the 20th day of April, 1900, at or near Binalonan. province of Pangasinan, P. I., a place then, as now, in the theater of military operations." Chaege III. — "Assault with intent to kill." Specification. — "In that Roman Santiago, a native, in company of and consorting with armed outlaws, to the number of ten, more or less, did make a violent assault upon Angel Acosta, by shooting him with a gun with intent then and there feloni- ously, willfully, and with malice aforethought, to kill and murder the said Acosta. This in time then, as now, of insurrection, on or about the 20th day of April, 1900, at or near Baag, a barrio of Binalonan, a place then, as now, in the theater of mili- tary operations." Charge IV.— "Murder." Specification. — "In that Roman Santiago, a native, in company of and consorting with armed outlaws, to the number of ten, Miore or less, did willfully, feloniously, and with malice aforethought, murder and kill Antonio Estrada, a native, by shoot- ing the said Estrada with guns held in the hands of the said Santiago and outlaws, inflicting wounds whereof the said Estrada then and there died. This in time then, as now, of insurrection, on or about the 20th day of April, 1900, at or near Baag, a barrio of Binalonan, province of Pangasinan, P. L, a place then, as now, in the theater of military operations. " Pleas. — To the specification, first charge, " not guilty." To the first charge, " not guilty." To the specification, second charge, "not guilty." To the second charge, * ' not guilty. ' ' To the specification, third charge, ' ' not guilty. ' ' To the third charge, "not guilty." To the specification, fourth charge, "not guilty." To the fourth charge, " not guilty." Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Of the specification, third charge, "guilty." Of the third charge, "guiltv." Of the specification, fourth charge, "guilty." Of the fourth charge, "guilty." Sentence. — And the commission does therefore sentence him, Roman Santiago, native, "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." II. Before a military commission which convened at Binalonan, Province of Pan- gasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters Department of Northern Luzon, May 31, 1900, of which Capt. Frederick S. Wild, 13th U. S. Infantry, was president and Capt. Arthur Johnson, adjutant, 13th U. S. Infan- try, was judge-advocate, was arraigned and tried: Publo de la Cruz, a native. Charge I. — "Forcible abduction." Specification. — "In that he, Pablo de la Cruz, a native, and a resident of Asingan, Province of Panagasinan, Island of Luzon, P. I., on or about the 20th of April, 1900, a time then, as now, of insurrection, at Binalonan, Province of Pangasinan, Island of Luzon, P. I., a place then, as now, under the military authority of the United States, in company of and consorting with a band of armed outlaws, to wit: A so- called 'Teniente Roman' and others to the number of ten, more or less, names unknown, did, feloniously and forcibly, bodily seize and carry away one Antonio Estrada and one Angel Acosta, natives. This in the barrio of Baag, pueblo of Binalonan, Island of Luzon, P. I., on the date above specified." Charge IL— "Murder." Specification. — "In that Pablo de la Cruz, native, on or about April 20, 1900, in time of insurrection, then and there being and within the territory occupied by the military forces of the United States, in company of and consorting with a band of armed outlaws, to wit: A so-called 'Teniente Roman,' and others to the number of- ten, more or less, names unknown, did, feloniously and willfully, assault Antonio Estrada, a native, and did bind the arms of the said Estrada, did forcibly seize and carry away the said Estrada, and did, willfully and feloniously, kill and murder the said'Estrada, by shooting him with rifies held in the hands of members of the said band, names unknown, inflicting wounds upon the said Estrada, from which he then and there died. This in the barrio of Baag, pueblo of Binalonan, Island of Luzon, P. I., on the date above specified." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 35 Charge III. — " Assault with intent to murder." Specification. — "In that Pablo de la Cruz, native, on or about April 20, 1900, in time of insurrection, then, as now, and within the territory then, as now, occupied by United States military forces, in company of and consorting with a band of outlaws, to wit: A so-called 'Teniente Roman,' and others, numbering ten, more or less, and armed with rifles, did, willfully, feloniously, and with malice aforethought, attempt to kill and murder one Angel Acosta, a native, by shooting the said Acosta with rifles held in the hands of members of said band, names unknown, inflicting wounds on the body of said Acosta. This in the barrio of Baag, pueblo of Binalonan, Island of Luzon, P. I., on or about the date specified." Charge IV. — "Robbery in violation of the laws and usages of war." Specification. — "In that Pablo de la Cruz, native, on April 20, 1900, in time of insurrection, then and there being and within the territory occupied by the military forces of the United States, in company of and consorting with a party of armed outlaws to the number of ten, more or less, names unknown, did feloniously take, and steal from the person of Angel Acosta, native, the sum of twenty-five (25) pesos, in silver, and from the person of Antonio Estrada, native, the sum of (13) pesos, in silver, and did, with armed companions, carry away and appropriate to their own use and benefit the said thirty-eight (38) pesos. This in the barrio of Baag, pueblo of Binalonan, Pangasinan, P. I., on the date above specified. " Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." To the specification, third charge, "not guilty." To the third charge, "not guilty." To the specification, fourth charge, "not guilty." To the fourth charge, "not guilty." Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty; " of the second charge, "guilty; " of the specification, third charge, "guilty; '' of the third charge, " guilty; " of the specifi- cation, fourth charge, "guilty;" of the fourth charge, "guilty." Sentence. — And the commission does therefore sentence him, Pablo de la Cruz, "to be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing cases of Roman Santiago and Pablo de la Cruz, the finding upon the first charge and its specification in each case is disapproved, the offense being * ' kidnapping ' ' instead of ' ' abduction. ' ' The evidence is conclusive that these accused were members of a band of guerrilla marauders, which, armed with rifles, violently seized upon the highway two natives, Antonio Estrada and Angel Acosta, while these were engaged in peaceful and legitimate pursuits; that the band tied and bound them and robbed them of their money, accusing them in the meantime of being "spies of the Americans," and then took them to the barrio of Badg and tied them to a telegraph pole; that thereupon the band, including these accused, arranged themselves about and fired into their victims a volley, the command for which was given by the accused Pablo de la Cruz, and as a result of which Estrada fell dead and Acosta received three gunshot wounds; that the latter, though left for dead by the accused and his band with the body of Estrada, revived and reported the crime to the authorities, with the result that the dead body of Antonio Estrada was recovered at the place where he fell. These accused were represented by counsel. At their trials they called no witnesses and offered no testimony, and suffered this evidence of a deliberate and atrocious murder to go uncontradicted and undisputed, except that the accused Roman San- tiago, through his counsel, made an uncorroborated and unsupported statement that he was not present when the crime was committed and had no connection with its perpetration. The evidence against these accused is complete and convincing, being positive and direct upon every step taken in the commission of the crimes charged against them, from the seizure of the two natives up to the giving of the command by the accused Pablo de la Cruz for, and the joining of both of these accused in, the volley which killed Estrada and seriously wounded Acosta, and leaves no room for doubt of the guilt of these accused of the crimes with which they are charged and of which they have been found guilty. The sentences in these cases, which were approved by the commanding general, Department of Northern Luzon, on. August 16, 1900, and'^July 16, 1900, respectively, are confirmed, and will be executed on the fifth (5) day of October, 1900, at the pueblo of Binalonan, province of Pangasinan, Luzon, P. I., under the direction of the commanding general. Department of Northern Luzon. III. Before a military commission which convened at Binalonan, province of Pan- 36 CHARGES OF CRUELTY, ETC., TO FILIPINOS. gasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 40, Headquarters Department of Xorthern Luzon, ]May 31. 1900, of which Capt. Frederick S. Wild, 13th Y. S. Infantry, v.as president, and Capt. Arthur Johnson, adjutant, 13th L". S. Infantry, was judge-advocate, was arraigned and tried Roman Santiago, native. Charge I. — ''Assault and battery with intent to do bodily harm.'' Specijicatlon. — '• In that Roman Santiago, in company of and consorting with armed outlaws to the number of ten, more or less, did, in the time of insurrection, enter the barrio of Xamipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military operations, and did unlawfully seize and conduct therefrom, with intent to do bodily harm, Roman Docosin, Maximino Tabaldo, Severino Prado, Maximo Saborboro, and Dolores Dingli, natives, lawfully residing in said barrio. This at the place above specified at about 10 o'clock p. m. February 17. 1900."' Chaege II. — •• Murder." Specijicatlon. — '"In that Roman Santiago, in company of and consorting with armed outlaws to the number of ten. more or less, did willfully, feloniously, and with malice aforethought, murder and kill Roman Docosin. Maximino Tabaldo, Severino Prado, Maximo Saborboro, and Dolores Dingli, by shooting them, the said Docosin. Tabaldo, Prado, Saborboro. and Dingli, with guns, and stabbing them, the said Docosin, Tabaldo, Prado, Saborboro, and Dingli. with lances and bolos held in the hands of the said Santiago and of the said outlaws, inflicting wounds therewith, whereof they, the said Docosin, Tabaldo, Prado, Saborboro, and Dingli, then and there died. '' This in time of insurrection, on or about February 17. 1900, at or near the barrio of Xamipitan, pueblo of Binalonan. province of Pangasinan. P. I., a place then, as now, in the theater of military operations. "" Pleas. — To the specification, first charge, "not guilty." To the first charge, ""not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the words 'and Dolores Dingli.' the words ' shooting them, the said Docosin, Tabaldo, Prado, Saborboro, and Dingli, with guns and,' the words 'and Dingli,' the words 'lances and,' the words 'and Dingli,' of the excepted words, not guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Roman Santiago, "to be hmig by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Roman Santiago the evidence conclusively establishes that the accused was in command of a guerrilla band of outlaws, of thirty or more, armed with bolos and rifles, which descended in the night time upon the barrio of Xamipitan and forcibly seized and dragged from their homes and barrio Roman Docosin, ]\Iaxi- mino Tabaldo, Severino Prado, Maximo Saborboro, and Dolores Dingli, natives; that M'ithin two weeks thereafter the dead bodies of these persons, with the exception of Dol(:»res Dingli, of whom no trace has since been had. were discovered in a fleld near the said barrio, mutilated with wounds that must in each case have resulted in death, and inflicted by weapons similar to those with which the accused and his band were armed. The identification of the accused as the leader of the band, and his commands to it for the seizing and taking away of its victims, are established by e^'idence that is absolute, positive, and direct. Though represented by counsel, he had no witnesses to call, did not desire to be sworn in his own behalf, and attempted no denial of the testimony against him. The evidence of the murder by the accused of the four persons spirited away by him and his band, and whose dead bodies were subsequently found close to the scene of their forcible and illegal kidnapping, is presumptive only, but considered with the indisputable proof of the death by violence of these persons and of the accused's clearly and directly established connection with their kidnapping as the leader of the band who gave the commands therefor, and with the absence of all evidence to weaken or rebut the presumption of guilt to which these established facts give rise, is so cogent and convincing as to preclude a reasonable doubt that the accused is guilty in the manner and form as found by the commission. The sentence, which was approved on July 16. 1900, by the commanding general, Department of Xorthern Luzon, is confirmed. But the accused having in the mean- time been found guilty of other acts of outlawry and crime, and the death sentence adjudged against him in another case wherein he was found guilty, among other offenses, of the murder of one Antonio Estrada, having been ordered to be carried CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 37 into effect at the pueblo of Binalonan, province of Pangasinan, Luzon, P. I., on the 5th day of October, A. D. 1900, there remains nothing further to he done herein. By command of Major-General MacArthur: M. Barbee, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, September 14, 1900. General Orders, No. 88. Before a military commission which convened at Bautista, province of Pangasinan, Luzon, P. L, pursuant to paragraph 1, Special Orders, No. 63, Headquarters Depart- ment of Northern Luzon, June 25, 1900, and of which Capt. Daniel H. Brush, Seven- teenth U. S. Infantry, was president, and First Lieut. David P. Cordray, Seventeenth U. S. Infantry, was judge-advocate, was arraigned and tried: Guiliermo Garcia and Florencio Semana, natives. Charc^e. — " Murder. ' ' Specification. — "In that they, Guiliermo Garcia and Florencio Semana, natives, each of them, on or about May 27, 1900, then as now a time of insurrection, near the barrio of San Julian, pueblo of Moncada, province of Tarlac, Luzon, P. I., a place, then as now, in the theater of active military operations, in company of and consort- ing with a band of outlaws, numbering five, more or less, and armed with bolos, did, wilfully, feloniously, and with malice aforethought, kill and murder Juana Licay, Alejandro Manyon, Ambrosio Belagot, and Espitacia Manyon, by stabbing and cut- ting the said Juana Licay, Manyon, Belagot, and Manyon with bolos held in the hands of Guiliermo Garcia, Florencia Semana, and one other native, inflicting wounds therewith whereof they, the said Juana Licay, Alejandro Manyon, Ambrosio Belagot, Espitacia Manyon then and there died. This at the time and place above specified." Pleas. — To the specification, "not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence Guiliermo Garcia and Florencio Semana, natives, and each of them, "to be confined at hard labor, for the remainder of their lives, at such place as the reviewing authority may direct." In the foregoing case of Guiliermo Garcia and Florencio Semana, natives, it appears from the testimony of many witnesses that two men, one w^oman, and a young girl were killed by bolo wounds in the neck, and that the accused confessed that they inflicted these fatal wounds because they were ordered to do so by a neighlDor. What motive, other than the mere lust for taking human life, may have actuated the accused is not disclosed in the record. The sentence, which was duly approved by the dei)artment commander, on August 13, 1900, is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General Mc Arthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., September 17, 1900. General Orders, No. 91. Before a military commission which convened at Salasa, province of Pangasinan, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 53, Headcjuarters Depart- ment of Northern Luzon, June 15, 1900, and of which Maj. William H. Bishop, Thirty-sixth Infantry, V. S. Volunteers, Mas president, and Second Lieut. Llewellyn N. Bushfield, Seventeenth U. S. Infantry, was judge-advocate, was arraigned and tried Dionisio Rosario, a native. Charge I.— "Murder." Specification. — "In that Dionisio Rosario, native, on or about January 5, 1900, then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a l)and of armed outlaws to the nuni- ber of thirty, more or less, commanded and led by the said Dionisio Rosario, did willfully, feloniously, and with fiendish cruelty kill and murder one Ricanlo Sison, a native, by stabbing him, the said Sison, with a bolo held in the hands of members 38 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. of said band, names unknown, inflicting severe wounds therewith, and by throwing the said Sison, bound with cords, into the river near by, whereof he, the said Sison, then and there died. This at the times and places above specified." Charge II. — "Burglary."' SjM'cincdt ion. — ''In that he, Dionisio Rosario, native, on or about January 5, 1900, then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of armed outlaws to the num- ber of thirty, more or less, commanded and led by the said Dionisio Rosario, did feloniously and forcibly break and enter the house of Andres Bautista at night, and take therefrom two trunks, a quantity of jewelry, and 19 barras of palay, value un- known, and the sum of 35 Mexican dollars, the property of the said Andres Bautista. This at the times and places above specified." Charge III.— '"Robbery." Specification 1. — "In that he, Dionisio Rosario, native, on or about January 5, 1900, then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of armed outlaws to the num- ber of thirty, more or less, commanded and led by the said Dionisio Rosario, did feloniously and with threats of violence take from the presence of Ysidra Gimenes, native, a quantity of jewelry and dresses, value unknown, the property of the said Ysidra CTimenes. This at the times and places above specified." Specification 2. — "In that he, Dionisio Rosario, native, on or about January 5, 1900, then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of armed outlaws to the num- ber of thirty, more or less, commanded and led h\ the said Dionisio Rosario, did feloniously and forcibly take from the presence of Catalino Bautista, native, a quan- tity of jewelry, value unknown, the proj^erty of said Catalino Bautista. This at the times and places above specified." Specification 3. — "In that he, Dionisio Rosario, native, on or about January 5, 1900, then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of outlaws to the number of thirty, more or less, commanded and led by the said Dionisio Rosario, did feloniously and forcibly take from the presence of Felipe Gimenes, native, dresses to the value of 24 Mexican dollars, the property of the said Felipe Gimenes. This at the times and places above specified." Specification 4- — ''In that he, Dionisio Rosario, native, on or about January 10, 1900, then as now a time of insurrection, at or near the Vjarrio of Anagao, pueblo of Salasa, province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of outlaws to the number of thirty, more or less, commanded and led by the said Dionisio Rosario, did feloniously and forcibly take from the presence of Feliz Vallao, native, twohorses, value unknown, the propertv of the said Feliz Vallao. This at the times and places above specified." Charge IV.—' ' Assault. ' ' Specification. — "In that he, Dionisio Rosario, native, on or about January 10, 1900, a time of insurrection then as now, at or near the barrio of Anagao, pueblo of Salasa, province of Pangasinan, P. I., a place then as now in the theater of active military operations, in company of and consorting with a band of armed outlaws to the num- ber of 30, more or less, commanded and led by the said Dionisio Rosario, did assault Julian Espino, native, by seizing him forcibly, and by tying him, the said Espino, about the body with strong cords, for no cause whatever except that he stood accused by the said Dionisio Rosario of being an 'American spy.' This at the times and places above specified." Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." To the first specification, third charge, "not guilty." To the second specification, third charge, "not guilty." To the third specification, third charge, "not guilty." To the fourth specification, third charge, "not guilty." To the third charge, "not guilty." To the specification, fourth charge, "not guilty." To the fourth charge, "not guilty." Findings. — Of the specification, first charge, "not guilty." Of the first charge, "not guilty." Of the specification, second charge, "guilty, except as to the words 'and take therefrom two trunks, a quantity of jewelry, and 19 l)arras of palay, value unknown, and the sum of 35 Mexican dollars, the property of the said Andres Bau- tista,' and of the accepted wortls not guilty." Of the second charge, "guilty." Of CHARGES OF CRUELTY, ETC., TO FILIPINOS. 39 the first specification, third charge, "guilty." Of the second specification, third charge, ' ' guilty, except as to the words ' and forcibly ' and * from the presence of Catalino Bautista, native,' and of the accepted words, not guilty." Of the third specification, third charge, "not guilty." Of the fourth specification, third charge, "not guilty." Of the third charge, "guilty." Of the specification, fourth charge, "guilty, except as to the words 'by seizing him forcibly and by tying him, the said Espino, about the body with strong cords,' and of the excepted words not guilty." Of the fourth charge, "guilty." Sentence. — And the commission does therefore sentence him, Dionisio Rosario, alias Disio Daguem, " to be confined at hard labor, at such place as the reviewing authority may direct, for twenty years." In the foregoing case of Dionisio Rosario, alias Disio Daguem, native, the finding of the commission upon the second specification to the third charge excepts all the material averments in said specification going to constitute robbery and removed it from further consideration under the charge as laid. It was alike the duty and the lawful province of the commission to h&\e substituted for this specification the charge of larceny, that being a lesser and included offense, plainly revealed in the evidence. The finding upon this specification is, because of its irregularity, disapproved. The finding upon the specification to the fourth charge excepts ail words of descrip- tion of the offense alleged, and leaves the conviction thereunder devoid of all value as a plea in bar of a second trial for the same offense. The finding upon the fourth charge and its specification is therefore disapproved. With the exceptions noted, the findings are ap];)roved. The sentence, which was approved by the department commander of August 20, 1900, is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. • By command of Major-General IMacArthur: M. Barbee, Asdstant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, September 20, 1900. General Orders, No. 92. Before a military commission which convened at Binalonan, province of Panga- sinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Dun- can, Thirteenth U. S. Infantry, was president, and First Lieut. Harvey W, Miller, Thirteenth U. S. Infantry, was judge-advocate, was arraigned and tried: Pedro Dacoco and Lazaro Daro, natives. Charge. — " Murder." Specification. — " In that Pedro Dacoco and Lazaro Daro, natives, and each of them, in company of and consorting with armed outlaws to the number of sixty, more or less, did, wilfully, feloniously, and with malice aforethought, murder and kill Cirapion Altre, i)residente of Asingan at the time, Leonardo Victorio, xlugustine Opina, ^Mariano Catama, Gregorio Rivera, and one 'Gervac,' natives, by stabbing them with spears and bolos held in the hands of said Dacoco and Daro, and of said outlaws, infiicting wounds therewith, whereof they, the said Altre, Victorio, Opina, Catama, Rivera, and 'Gervac,' then and there died. This in time, then as now, of insurrection against the United States, on or about the third week of November, 1899, at or near Asingan, province of Pangasinan, a place, then as now, in the theater of military operations of the United States forces." Pleas. — To the specification, "not guilty; " to the charge, " not guilty." Findings. — Of the specification, "guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Pedro Dacoco and Lazaro Daro, natives, and each of then, "to be hung by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Pedro Dacoco and Lazaro Daro, natives, it appears in evi- dence that upon the approach of a troop of U. S. cavalry to the pueblo of Asingan, the presidente and others of said pueblo fled for safety to the barrio of Cocalditen; that three days later they were surrounded in their place of refuge by a band of armed outlaws, natives, and the presidente and five otlier men of the refugee party were assaulted and driven forth with blows inflicted with bolos in the hands of said outlaws, and that from that day until the present no one of the assaulted i)arty has since been seen among living men. One of the refugee party testified that upon the 40 CHARGES OF CRUELTY, ETC., TO FILIPINOS. tirst appearance of the outlaws he fled and screened himself from view, and that the outlaws afterwards passed so close by him that he was able to recognize the accused, who were acquaintances of his, and saw them strike Cirapion Altre with bolos held in their hands, and that after falling to the ground the body of said Altre long remained motionless and until the witness, through fear, fled from the spot. Witness also heard men among the outlaw band say they had ' ' dispatched ' ' the other kid- naped men. Why these men while hiding from the American troops should have been ruth- lessly murdered by their own people does not appear. The sentence, which was approved by the department commander on the 16th day of August, 1900, is confirmed, but is commuted to confinement at hard labor for life. As thus commuted, the sentence will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General MacArthur: M. Barber, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, October 15, 1990. General Orders, No. 95. Before a military commission which convened at Batangas, province of Batangas, Luzon, P. I., pursuant to paragraph 12, Special Orders, No. 95, Headquarters Depart- ment of South^n Luzon, July 16, 1900, and of which Col. George S. Anderson, Thirty-eighth Infantry, U. S. Volunteers, was j)resident, and Capt. Be\;erly A. Read, Thirty-eighth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Albino Villareal, native. Charge. — "Being a guerrilla." Specljication. — " In that Albino Villareal, native, not being a member of any recog- nized military organization, but acting independently of the same, did, in combination with sundry other persons similarly acting, engage in unlawful warfare against the forces of the L^'nited States, and, in prosecution of such warfare, did lie in wait and fire upon a body of L"nited States troops on the march from Lipa, Luzon, P. I., to Tanauan, Luzon, P. I. This in time of insurrection at or near Lipa, Luzon, P. L, on or about July 2, 1900." Pleas. — To the specification, "not guilty. To the charge, "not guilty." Findings. — Of the specification, "guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him. Albino Villarel, native, "to be confined at hard labor, at such place as the reviewing authority may direct, for twent}' years." In the foregoing case of Albino Villareal, native, it appears from the evidence that the accused was an ex policeman of Lipa, and that prior to and including the first day of July, 1900, was following the occupation of a barber, that on the next day, July 2, a detachment of U. S. troops early in the morning left Lipa and about four miles out on the road to Tanauan, at about 8 o'clock, was fired upon by a large body of armed men; that the accused was seen and instantly recognized as one of the assailants standing in the rear of the detachment, and from a distance variously estimated from twenty-five to seventy-five yards, raise his rifle and fire repeatedly at and in the direction of the men of said detachment. Before noon of the same day the accused had returned and was acting the part of the peaceful neighbor in Lipa. The evidence leaves no reasonable doubt that the accused is one of a class of men who, while enjoying in their daily avocations the protection of the American soldiers, waylay and fire upon them whenever they fancy they have found a safe opportunity. To all such the laws of war authorize the penalty of death. The accused by an act of grace has been saved this extreme penalty. The sentence which was approved by the department commander on August 20, 1900, is confirmed and will be duly exe- cuted at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: S. D. Sturgis, Assistant Adjutant- General. CHARGES 0¥ CRUELTY, ETC., TO FILIPINOS. 41 Headquarters Division of the Philippines, Manila, P. I. , October 15, 1900. General Orders, Xo. 96. Before a military commission which convened at Apalit, province of Pampanga, Luzon, P. I., pursuant to paragrah 1, Special Orders, Xo. 53, Headquarters Depart- ment of Xorthern Luzon, June 15, 1900, and of which Maj. Albert Laws, Thirty-fifth Infantry, V. S. Volunteers, was president, and First Lieut. Alvin C. Voris, Thirty- fifth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Simeon Mamangun, native. Charge I. — "JNIurder." Specification. — "In that he, Simeon Mamangun, native, on or about the 16th day of May, 1899, then as now a time of insurrection, at or near the village of Sucad, town of Apalit, Island of Luzon, P. I., a place then as now under the military government of the L'nited States, in company of and in command of a band of thieves, armed with deadly weapons, to wit. Remington rifles, did will- fully, feloniously, and with malice aforethought kill and murder one Telesforo Ponce, native, by shooting him, the said Ponce, with said rifles, inflicting wounds therewith, whereof he, the said Ponce, then and there died, he, the said Mamangun, being then and there present in command of said band. This at the time and place above specified." Charge II. — " Murder." Specification. — " In that he, Simeon Mamangun, native, on or about the 28th day of June, 1899, then as now a time of insurrection, at or near the village of Casinala, town of Apalit, Island of Luzon, P. I., a place then as now under the military government of the United States, did wilfully, feloniously, and wdth malice aforethought, beat with a revolver one Felix Guivara, native, inflicting wounds therewith, whereof he, the said Guivara, did die on the next day, the 29th of June, 1899. This at the time and place above specified." Pleas. — To the specification, first charge, "not guilty;" to the first charge, " not guilty;" to the specification, second charge, "not guilty;" to the second charge, "not guilty." FindinctS. — Of the specification, first charge, "guilty, except to the word 'thieves,' substituting therefor ' men ' of the excepted word not guilty and of the substituted word guilty;" of the first charge, "guilty;" of the specification; second charge, "guilty, except to the words 'feloniously, and with malice aforethought' and to the word 'beat,' substituting therefor 'strike,' and to the words 'the next day, the 29th of June' substituting therefor 'the third day, on or about July 1, 1889,' of the excepted words not guiltj-, and of the substituted words guilty;" of the second charge, "not guilty of murder, but guilty of manslaughter." Sentence. — And the commission does therefor sentence him, Simeon Mamangun, a native, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct; a unanimous concurrence therein." In the foregoing case of Simeon Mamangun, native, the finding upon the first charge and its specification is disapproved, the evidence failing to remove from the mind of the reviewing authority serious doubt of its sufficiency and credibility. The evidence upon the second charge and its specification being conclusive beyond all reasonable doubt, the sentence which was approved by the department com- mander on August 27, 1900, is confirmed; but is mitigated to confinement at hard labor for the period of ten years, and as thus mitigated will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: S. D. Sturgis, Assistant Adjutant- General. Headql'arters Division of the Philippines, Manila, P. I., October 23, 1900. General Orders, Xo. 99. Before a military commission which convened at San Fernando, province of Union, Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 42, Headquarters Depart- ment of Xorthern Luzon, June 3, 1900, and of which Maj. Charles F. Kieffer, surgeon. Forty-eighth Infantry, U. S. Vols., was president, and First Lieut. William T. John- ston, Third U. S. Cavalry, was judge-advocate, were arraigned and tried: flannel Bautista, Isidoro Ramires, Maximo Roldan, and Pedro Xegranza, natives. Charge I. — "Murder." Specification 1. — "In that Manuel Bautista and Isidoro Ramires, Filipinos, resi- dents of Bangar, Union Province, Luzon, P. I., INIaximo Roldan and Pedro Xe- granza, Filipinos, residents of Xamacpacan, province of La Union, Luzon, P. I., did, 42 CHARGES OF CRUELTY, ETC., TO FILIPINOS. ^vith sundry other persons armed with rifles and bolos, on or about the 10th day of January, 1900, then, as now, a time of insurrection, at Bangar, province of La Union, Luzon, P. I., then, as now, a place under the niihtary occupation and government of the LTnited States, feloniously, wilfully, and with malice aforethought, kill and mur- der one Hilario Aquino, a Filipino, by shooting him in the breast with a rifle or other flrearms, and by stabbing him below the left clavicle with a bolo or other sharp instrument, thereby inflicting certain wounds by reason of which wounds the said Hilario Aquino died on or about the 10th day of January, 1900. This at the time and place above specified." Specifications. — "In that Manuel Bautista and Isidoro Ramires, Filipinos, resi- dents of Bangar, province of La Union, Luzon, P. I., Maximo Roldan and Pedro Negranza, Filipinos, residents of Namacpacan, province of Union, Luzon, P. I., did, with sundry other persons, armed w^th rifles and bolos, on or about the 10th day of January, 1900, then, as now, a time of insurrection, at Bangar, province of La l^nion, Luzon, P. I., then, as now, a place under the military occupation and government of the United States, feloniously, wilfully, and with malice aforethought, kill and murder one Cipriano Gavino, a native, by shooting him in the breast with a rifle or other firearm, and by cutting his throat with a bolo or other sharp instrument, thereby inflicting certain wounds by reason of which wounds the said Cipriano Gavino died on or about the 10th day of January, 1900. This at the time and place above specified." Specification 3. — "In that Manuel Bautista and Isidoro Ramires, Filipinos, resi- dents of Bangar, province of La Union, Luzon, P. I., Maximo Roldan and Pedro Negranza, Filipinos, residents of Namacpacan, province of La Union, Luzon, P. I., did, with sundry other persons armed with rifles and bolos, on or about the 10th day of January, 1900, then, as now, a time of insurrection, at Bangar, province of La Union, Luzon, P. I., then, as now, a place under the miliary occupation and gov- ernment of the LTnited States, feloniously, wilfully, and with malice aforethought, kill and murder one Pio Lopez, a Filipino, Delegado de Justicia, of Bangar, province of La Union, Luzon, P. I., by shooting him in the breast with a rifle or other fire- arm, and by cutting his throat with a bolo or other sharp instrument, thereby inflict- ing certain wounds by reason of which wounds the said Pio Lopez died on or about the 10th day of January, 1900. This at the time and place above specifled." Specification 4- — "In that Manuel Bautista and Isidoro Ramires, Filipino residents of Bangar, province of La Union, Luzon, P. I., Maximo Roldan and Pedro Ne- granza, Filipino residents of Namacapan, province of La Union, Luzon, P. I., did, with sundry other persons armed with rifles and bolos, on or about the 10th day of January, 1900, then, as now, a time of insurrection, at Bangar, province of La Union, Luzon, P. I., then, as now, a place under the military occupation and government of the United States, feloniously, wilfully, and with malice aforethought, kill and mur- der one Antonio Morales, a Filipino, resident of Bangar, province of La Union, Luzon, P. I., by shooting him in the breast with a rifle or other firearm, and by cut- ting his throat with a bolo or other sharp instrument, thereby inflicting certain w^ounds by reason of which wounds the said Antonio Morales died on or about the 10th day of January, 1900. This at the time and place above specified." Charge II. — "Robbery." Specification I. — "In that Manuel Bautista and Isidoro Ramires, Filipino residents of Bangar, province of la Union, Luzon, P. I., Maximo Roldan and Pedro Negranza, Filipinos, residents of Namacpacan, Luzon, P. L, did, with sundry other persons, armed with rifles and bolos, on or about the 10th day of January, 1900, then, as now, a time of insurrection, at Bangar, province of la Union, Luzon, P. I., then, as now, a place under the military occupation and government of the L'nited States, enter the house of Cipriano Gavino, presidente of said town of Bangar, and did violently and feloniously take therefrom and from and in the presence of the owner and inmates thereof, money, clothing, and other personal property. This at the times and places above specified." Specification 2. — " In that Manuel Bautista and Isidoro Ramires, Filipinos, residents of Bangar, province of la Union, Luzon, P. I., Maximo Roldan and Pedro Negranza, Filipinos, residents of Namacpacan, Luzon, P. I., did, with sundry other persons, on or about the 10th day of January, 1900, then, as now, a time of insurrection, at Ban- gar, province of la Union, Luzon, P. 1., then, as now, a place under the military occupation and government of the United States, enter the house of Pio Lopez, delegado de justicia of said town of Bangar, and did violently and feloniously take therefrom and from and in the presence of the owner and inmates thereof, money, clothing, and other personal property. This at the times and places above specified." Specifications. — "In that Manuel Bautista and Isidoro Ramires, Filipinos, resi- dents of Bangar, province of la Union, Luzon, P. I., Maximo Roldan and Pedro CHARGES OF CEUELTY, ETC., TO FILIPINOS. 43 Negranza, Filipinos, residents of Namacpacan, Luzon, P. I., did, with sundry other persons, armed with rifles and bolos, on or about the 10th day of January, 1900, then, as now, a time of insurrection, at Bangar, province of la Union, Luzon, P. L, then, as now, a place under the military occupation and government of the United States, enter the house of Antonio Morales, a Filipino resident of said tOM-n of Bangar, and did violently and feloniously take therefrom and from and in the presence of the owner and inmates thereof, money, clothing, and other personal property. This at the times and places above specitied." Specification 4. — "In that Manuel Bautista and Isidoro Eamires, Filipinos, resi- dents of Bangar, province of la Union, Luzon, P. I., Maximo Roldan and Pedro Negranja, Filipinos, residents of Namacpacan, Luzon, P. I., did, with sundry other persons, armed with rifles and bolos, on or about the 10th day of January, 1900, then, as now, a time of insurrection at Bangar, province of la Union, Luzon, P. I., then, as now, a place under the military occupation and government of the United States, enter the presidencia of said town of Bangar, province of la L'nion, Luzon, P. L, and did violently and feloniously take therefrom and from its lawful custodians the box containing the public moneys of said town of Bangar with its contents, two hun- dred and seventy-flve pesos (275), more or less. This at the times and places above specified." Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- cation, first charge, ' ' not guilty ; " to the third specification, first charge, ' ' not guilty; ' ' to the fourth specification, first charge, "not guilty;" to the first charge, "not guilty;" to the first specification, second charge, "not guilty;" to the second speci- fication, second charge, "not guilty;" to the third specification, second charge, "not guilty;" to the fourth specification, second charge, "not guilty;" to the second charge, ' ' not guilty. ' ' And the commission finds the accused, Manuel Bautista, Isidoro Ramirez, and Maximo Roldan, and each of them: Of the first specification, first charge, "guilty;" of the second specification, first charge, "guilty;" of the third specification, first charge, "guilty;" of the fourth specification, first charge, "guilty;" of the first charge, "guilt5\" Of the first specification, second charge, "guilty;" of the second specification, second charge, "guilty;" of the third specification, second charge, "guiltv;" of the fourth specification, second charge, "guilty:" of the second charge, "guilty." Sentence. — And the commission does, therefore, sentence the accused, Manuel Bautista, Isidoro Ramires, and Maximo Roldan, and each of them, "to be hanged by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring in this sentence." And the commission finds the accused, Pedro Xegranza, of the first, second, third, and fourth specifications, first charge, "guilty," except the words in each specifica- tion, "feloniously, willfully, and with malice aforethought, kill and murder," and substituting in each specification above mentioned the words "assist in murdering," of the excepted words in each of the said specifications "not guilty," and of the substituted words in each of the above-mentioned specifications, "guilty." Of the first charge, "guilty as accessory before and after the fact." Of the first specification, second charge, "guilty;" of the second specification, second charge, "guilty;" of the third specification, second charge, "guilty;" of the fourth specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does, therefore, sentence him, the accused, Pedro Negranza, "to be confined at hard labor, at such place as the reviewing authority may direct, for the period of twenty years." In the foregoing case of Manuel Bautista, Isidoro Ramires, Maximo Roldan, and Pedro Ney:ranza, natives, who were jointly tried, the evidence clearly establishes that on the night of January 10, 1900, a band of thirty or more outlaws and guerrilla marauders, armed with rifles and bolos, of which the accused ^Maximo Roldan was the captain, and in whose criminal acts of that night these other accused took part, descended upon the town of Bangar, province of La Union, Luzon, P. I., and forcibly seized and dragged from their homes Cipriano Gavino, Pio Lopez, and Antonio Mo- rales, at the same time robbing them and the members of their families of money, clothing, and other valuables; that shortly after the band departed with their pris- oners, shots were heard, and within twenty-four hours thereafter the dead bodies of Hilario Aquino, Cipriano Gavino, Pio Lopez, and Antonio Morales were found within a mile of the town with gunshot and knife wounds that must in each case have proven fatal. The evidence of the murder, as charged, by these accused of Cipriano Gavino, Pio Lopez, and Antonio Morales, though circumstantial and presumptive, is so cogent and convincing as to preclude a reasonable doubt of their guilt. 44 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Except as to the finding of the dead body of Hilario Aquino, in company with the other murdered men, there is nothing in the record to connect these accused with his death, and the finding of the commission of the first specification of charge 1 is disapproved. The sentences, which were duly approved on August 1, 1900, by the Department Commander, are confirmed and will be executed, in the cases of Manuel Bautista, Isidoro Ramirez, and Maximo Roldan, on the twenty-third (23d) day of November, A. D. 1900, at the pueblo of Bangar, province of Union, Luzon, P. I., under the direction of the commanding general. Department of Northern Luzon, and in the case of Pedro Negranza, at the presidio de Manila, to which place he will be sent under proper guard. By command of Major-General MacArthur: S. D. Sturgis, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I. , October 22, 1900. General Orders, No. 100. Before a military commission which convened at Batangas, province of Batangas, Luzon, P. L, pursuant to paragraph 12, Special Orders, No. 95, Headquarters Depart- ment of Southern Luzon, July 16, 1900, and of which Col. George S. Anderson, Thirty- eighth Infantry, U. S. Volunteers, was president, and Capt. Beverly A. Read, adjutant. Thirty-eighth Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried : I. Gregorio de Castro, native. Charge. — " Murder, ' ' Specification 1.— "In that Gregorio de Castro, captain of Columnas Voluntes, while in company with and in command of certain native Filipinos, names unknown, did, without cause or provocation, feloniously and with malice aforethought murder and kill and aid and abet in the murdering and killing of Leung Sui, a Chinaman, by stabbing him and causing him to be stabbed with a dagger. "This in time of insurrection at Batangas, province of Batangas, P. I., a place under the military government of the L'nited States, on or about the 8th day of March, 1900." Specification 2 . — "In that Gregorio de Castro, captain of Columnas Voluntes, did, without cause or provocation, feloniously and with malice aforethought murder and kill Peter Cooper, private. Company C, Thirty-eighth Infantry, U. S. Volunteers, by stabbing him with a dagger and decapitating him. "This in time of insurrection at Batangas, province of Batangas, P. L, a place under the militarv government of the United States, on or about the 27th dav of March, 1900." Specification 3. — "In that Gregorio de Castro, captain of Columnas Voluntes, did, without cause or provocation, feloniously and with malice aforethought murder and kill Mariano Rojas, native, by shooting him with a rifle. This in time of insurrection at Batangas, province of Batangas, P. I., a place under the military government of the L^nited States, on or about the 25th day of March 1900. Pleas. — To the first specification, "not guilty;" to the second specification, "not guilty;" to the third specification, "not guilty;" to the charge, "not guilty." Findings. — Of the first specification, "guilty;" of the second specification, "not guilty;" of the third specification, "guilty, inserting between the words 'kill' and 'Mariano' the words 'and aid and abet in the murdering and killing of;'" of the charge, "guilty." Sentence. — And the commission sentences him, Gregorio de Castro, " to be confined at hard labor at such place as the reviewing authority may direct for twenty (20) years. ' ' In the foregoing case of Gregorio de Castro, native, the finding upon the first specification rests upon circumstantial evidence of a very doubtful nature. It appears that the murdered man met his death by assassination at the hands of Marcelo de Castro, but no proof exists further than that the assassin belonged to the band com- manded by the accused, that he had guilty knowledge of or was privy to the perpe- tration of the crime. That the court was influenced in its finding upon this specifi- cation by the nature of the commission under which the accused was serving may be inferred from the following translation thereof appearing of record : "Headquarters Military Zone of Batangas. "By virtue of the authority vested in me by the highest military authority of the province, I appoint Mr. Gregorio de Castro, a resident of Batangas, captain of a CHARGES OF CRUELTY, ETC., TO FILIPINOS. 45 'flying' company, detailed exclusively to the secret extermination of the American cavalry and infaiitry. For this I ask and supplicate of all the authorities, both civil and niilitary, that he be recognized as such, and that they furnish the necessary forces in case he asks for aid. "Given in the barracks of the 'fiving forces,' Batangas, the 28th of February, 1900. "(Signed) Crisaxto Borrual, Major. "Mr. Gregorio de Castro, ''Flying Captain.^'' It may with justice be said that any man who will serve under as piratical a com- mission as that held by the accused is deserving of death at sight, not as a man, but as a monster in human shape. His paltry defense of holding the office of a secret assassin was that it was given in Spanish, and that he could not read that language. Still, guarded by the enlightened and just laws of the nation under which he has' been tried, the accused must be held not guilty of the first specification. Had he been tried for a violation of the laws of war for holding and conducting war under his commission of assassination, he would then have had prior notice of the nature of the defense he was called upon to make, and, if convicted, the fairness and just- ness thereof would not, as now, be open to question. The finding upon this specifi- cation is therefore disapproved. The evidence in support of the third specification is direct, unshaken, and conclu- sive, that the accused and one other man called their victim from his house and for the reason, as they declared it, that because he had that day been arrested by the American forces and released, he must therefore be an American spy, shot deceased with a rifle and thereby caused his almost instant death. The sentence which was approved by the department commander on September 14, 1900, although deemed inadequate, is confirmed and will be duly executed at the presidio de Manila, to which place the prisoner will be sent under proper guard. II. Marcelo de Castro, native. Charge. — ' ' Murder. ' ' Specification. — "That Marcelo de Castro, native, did, in the pueblo of Batangas, Luzon, P. I., a place then, as now, under the military government of the United States, feloniously and with malice aforethought kill and murder and aid and abet in the killing and murdering of Leung Sui, Chinese, by stabbing the said Leung Sui with a dagger. This in time of insurrection, on or about March 8, 1900. Pleas. — To the specification, "not guilty;" to the charge, "not guilty." Findings. — Of the specification, "guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Marcelo de Castro, native, "To suffer death at such time and place and in such manner as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Marcelo de Castro, native, the evidence of the murder of the Chino Leung Sui in the market of Batangas is absolute and certain. An eye- witness, not more than 20 yards distant from the attack upon him, positively identi- fied on the trial the accused as having come up to the murdered man and then stabbed him with a dagger, inflicting a wound of which he died almost immediately. The motive for the murder is clearly shown by the evidence. The accused was a member and "teniente" of one of the bands of guerrilla maraud- ers infesting the country. The murdered man had been a prisoner in the hands of the insurgents and afterwards, up to the day of his death, had, in discovering their hiding places and in identifying various ones of their number, rendered open and valuable assistance to the Ignited States troops. The sentence, which was approved on the 3d day of August, 1900, by the com- manding general. Department of Southern Luzon, is confirmed and will be executed at Batangas, province of Batangas, Luzon, P. I., on the sixteenth (16th) day of November, A. D. 1900, by being hanged by the neck until he is dead, under the direction of the commanding general. Department of Southern Luzon. By command of Major-General MacArthur: S. D. Sturgis, Assistant Adjutant- General, Headquarters Division of the Philippines, Manila, P. L, October 23, 1900. General Orders, Xo. 101. Before a military commission which convened at Binalonan, province of Pangasi- nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 63, Headquarters 46 CHAKGES OF CRUELTY, ETC., TO FILIPIXOS. Department of Northern Luzon, June 25, 1900, and of which Maj. Joseph T\'. Duncan, Thirteenth U. S. Infantry, was president,, and First Lieut. Harvey W. Miller, Thir- teenth U. S. Infantry, was judge-advocate, were arraigned and tried Mariano Buen and Eoman Melindez, natives. Charge. — "Murder. ' ' Speclncation. — "In that Mariano Buen and Roman Melindez. natives, in company of, and consorting with, a band of natives armed with rifles, thirty, more or less, in nmnber, did wiUfully, feloniously, and with malice aforethought kill and murder Doroteo Bautista and Augustine Castillo, natives, by shooting the said Doroteo Bautista and Augustine Castillo ^Wth a rifle or rifles held by a member or members of said band, inflicting wounds whereof the said Doroteo Bautista and Augustine Castillo then and there died. This, at or near the pueblo of Pozorrubio, province of Pangasinan, Luzon, on or about December 19, 1899, in time of insurrection against .the lawful authority of the L'nited States, and in territory occupied by L'nited States forces. ' ' Pleas. — To the specification, '"not guilty:"' to the charge, "not guilty." Findings. — Of the specification, "guilty;"' of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Mariano Buen and Roman ^lelindez, natives, and each of them "to be confined at hard labor, at such place as the reviewing authority may direct, for the period of twenty (20) years." In the foregoing case of Mariano Buen and Roman Melindez, the evidence estab- lishes that an armed band of guerrilla marauders, under the leadership of one Benito Amansec. descended in the nighttime upon the pueblo of Pozorrubio, and, after surrounding their houses, forcibly dragged therefrom Doroteo Bautista and Augustine Castillo, together with three other native residents, and, after tying their prisoners, removed them a short distance where four, including Doroteo Bautista and Augustine Castillo, were shot to death, their dead bodies being recovered on the following morning. Both of these accused are positively identified by the wife of one of the murdered men as two of four men who entered her house and dragged therefrom her husband, and Mariano Buen is further identified as among the band by one of the five natives kidnaped by it and whose life was spared. The unlawful kidnaping of the murdered men by these accused and the departure of the band with them as prisoners toward the place from which shots were shortly afterwards heard, and where the bodies of the murdered men were found the next morning, are established beyond a reasonable doubt. These accused were repre- sented by counsel and offered no testimony to rebut their positive identification as members of the band, except that one witness attempted to establish an alibi for Roman ^Melindez, which was so vague and general in its nature as to be valueless against the convincing evidence to which it is opposed. The established facts in this case preclude a reasonable doubt of the murder by these acciLsed of Doroteo Bautista and Augustine Castillo, and of their guilt in the manner and form as charged. The sentences which were approved by the department commander on August 10, 1900, are confirmed and will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General MacArthur: S. D. Stuegis, Assistant Adjutant- General. Headquartees Division of the Philippines, Manila, P. I.. October £3, 1900. General Orders No. 102. Before a military commission which convened at Capiz, Panay, P. I. , pursuant to paragraph 2, Special Orders, Xo. 72, Headquarters Department of the Visavas, June 30, 1900, and of which Capt. Thomas ^\. Griffith, Eighteenth Y. S. Infantry, was president, and Capt. Da\-id C. Shanks, Eighteenth L". S. Infantry, was judge-advo- cate, was arraigned and tried Francisco Acrisosto, native. Charge. — "Murder." Specification. — "In that on the 11th day of March, A. D. 1900. then as now a time of insurrection, in the barrio of Lanaan, pueblo of Panay, province of Capiz, in the Philippine Islands, the said place being then as now occupied by the military forces and under the military government of the United States, one Francisco Acrisosto, a native, did, on the day and at the place aforesaid, willfull v and feloniously and with malice aforethought, there and then assault, murder, and kill one Restituto Alindug, a native, by there and then striking and cutting the said Restituto Alindug ^-ith a sharp instrument, commonly called a bolo, then and there and in the manner afore- CHARGES OF CRUELTY, ETC., TO FILIPINOS. 47 said inflicting on the said Restituto Alindug an incised wound in the right pectoral region about eight centimeters in length, from the effects of which said wounds, so inflicted as aforesaid, the said Restituto Alindug died on the 23d day of March, A. D. 1900, at the place aforementioned. Pleas. — To the speciflcation, ''not guilty;" to the charge, "not guilty." Findings. — Of the specification, "guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Francisco Acri- sosto, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Francisco Acrisosto, native, the sentence which was approved by the department commander on September 4, 1900, is confirmed, but in view of mitigating circumstances appearing of record, it is reduced to confinement at hard labor for the period of his natural life. As thus mitigated the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: S. D. Stukgis, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I. , October 23, 1900. General Orders, No. 103. Before a military commission which convened at Binalonan, province of Panga- sinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters Department of Northern Luzon, ]May 31, 1900, and of which Capt. Frederick S. Wild, Thirteenth L^. S. Infantry, was president, and Capt. iVrthur Johnson, adjutant. Thir- teenth U. S. Infantry, was judge-advocate, were arraigned and tried: Agipito Men- doza, Apolonario Lantano, and Apolonio Garcia, natives. Charge I. — " Forcible abduction." Specification. — "In that they, Agipito Mendoza, Apolonario Lantano, and Apolonio Garcia, natives and residents of the province of Pangasinan, Luzon, P. L, on or about March 2, 1900, then, as now, a time of insurrection, at or near the barrio of Tolong, Urdaneta, province of Pangasinan, island of Luzon, P. L, a place then, as now, under the military authority of the United States, in company of, and consort- ing with a band of outlaws armed with guns and bolos, the said band consisting of Juan Siquig, Feleciano Cortes, Alberto jNIarana, Ambrosio Zuelacio, Catalino Untalan, Melicio Gayiton, and others, number and names unknown, did forcibly seize, bind, and carry away the following persons, to wit: Lorenza Soriano, Gelasio Jacobe, Arcaclio Jacobe, Tasinto Echavarre, and Felipe Bacungan. This at the time and place above specified." Charge II.— "Murder." Specification. — "In that they, said Agipito Mendoza, Apolonario Lantano, and Apolonio Garcia, natives and residents of the province of Pangasinan, island of Luzon, P. I., on or about March 2, 1900, a time then, as now, of insurrection, at or near the barrio of Tolong, Urdaneta, province of Pangasinan, Luzon, P. I., a place then, as now, under the military authority of the United States, in company of, and consorting with a band of men armed with rifles and bolos, to wit, Melicio Gayiton, Feleciano Cortes, Ambrosio Zuelacio, Juan Siquig, Alberto Marana, and Catalino- L'ntalan, and others, names and number unknown, did willfully, feloniously, and with malice aforethought kill and murder Lorenza Soriano, Gelasio Jacobe, Arcadio Jacobe, Tasinto Echavarre, and Felipe Bacungan, by inflicting wounds, natures of instruments of death unknown, from which they, the said Lorenza Soriano, Gelacio Jacobe, Arcadio Jacobe, Tasinto Echavarre, and JFelipe Bacungan, then and there, or shortly afterwards, died. This at the time and place above specified." Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "not guilty;" to the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty, except the words Arcadio Jacobe, Tasinto Echavarre, Felipe Bacungan, whenever said words occur; of the excepted words not guilty;" of the second charge, "guilty." Sentence. — And the commission does therefore sentence them, Agipito Mendoza, Apolonario Lantana, and Apolonio Garcia, and each of them, "To be hung by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." 48 CHARGES OF CRUELTY, ETC., TO FILIPINOS. In tlie foivgoiiio; case of A^iipito IMendoza, Apolonario Laiitano, and Apolonio Garcia, nativet^, who were jointly tried, the evidence conchisively shows that a band of outlaws, anned with rifles, talibones, and bolos, forcibly seized and carried away from their homes on or about March 2, 1900, Lorenza Soriano, GelasioJacobe, Arcadio Jacobe, Tasinto Echavarre, and Felipe Baeungan; that these accused were members of the band and ])articipated in its criminal acts, the accused Agipito Mendoza being in connnand; tliat no trace has since been had of Arcadio Jacobe, Tasinto Echavarre, or Feli])e Bacungan, but that the dead bodies of Lorenza Soriano and Gelasio Jacobe, mutilati'd with wounds that nmst in each case have resulted in death, were some three weeks later recovered in a well in the neighborhood, the identification being complete by reason of the clothing and articles found upon tlieir bodies. Of these accused, all of whom were represented by counsel, Agipito Mendoza and Apolonario Lantano attempted to prove an alibi, but failed to shake thereby the direct, positive testimony of the numerous e^'ewitnesses to the kidnapping. The accused Apolonio CJarcia attempted no defense. The evidence connecting these accused with the nuirder of Lorenza Soriano and Gelasio Jacobe is presumptive, but establishing, as it does, their participation in the forcible and criminal seizing and carrying away of these persons in their lifetime, who are not again seen or heard of by anyone outside of this ])and until their dead bodies were discovered in a well, covered with wounds, prove beyond a reasonable doubt that they are guilty of the murder of this man and woman in the manner as charged. The sentences, which were approved by the department commander on July 26, 1900, are confirmed, and will be executed at the pueblo of Urdaneta, province of Pangasinan, Luzon, P. L, on the 23d day of November, A. D. 1900, under the direc- tion of the commanding general. Department of Northern Luzon. By command of Major-General MacArthur: S. D. Sturgis, A sdstaM A djuia nt- General. Headquarters Division of the Philippines Manila, P. L, October 24, 1900. General Orders, No. 104. Before a military commission which convened at Capiz, Panay, P. I., pursuant to paragraph 2, Special Orders, No. 72, Headquarters Department of the Visavas, June 30, 1900, and of Avhich Capt. Thomas W. (Trittith, Eighteenth U. S. Infantry, was president, and Capt. David C. Shanks, Eighteenth U. S. Infantry, w^as judge-advo- cate, were arraigned and tried: Severo Entialbo, Priino Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco Estiqueta, natives. Charge I. — "Accomplices and accessories before the fact in the crime of murder." Specification. — "In that on or about the 14th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of Matagnop, pueblo of Dao, island of Pana, Philippine Islands, a place then, as now, under the military gov- ernment of the United States, Severo Entialbo, Primo Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco Estiqueta, all Filipino natives, as accomplices and accessories before the fact, in company of, and consorting with, a band of four other armed natives, to wit: Salvador Martesano, Angel Entialbo, Carlos Pareno, and Sotero Magbanua, as principals, did, all and each of them, feloniously and with evil intent, aid anid abet the said principals, Salvador Martesano, Angel Entialbo, Carlos Pareno, and Sotero Magbanua, Filipino natives, in forcibly taking from her home, in or near the said barrio of Matagnop, a native woman, one Martina Pincao by name, and in binding the arms of the said Martina Pincao, and in compelling her, by threats or by force, to accompany them, the said principals, Salvador Martesano, Angel Entialbo, Carlos Pareno, and Sotero ]\Iagbanua, to the banks of the Panay River: and further, that the said Severo Entialbo, Primo Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco Estiqueta, Filipino natives, as accomplices and accessories before the fact, did, all and each of them, feloniously and with evil intent, aid and abet the afore- said Salvador ^lartesano. Angel Entialbo, Carlos Pareno, and Sotero IMagbanua, Filipino natives, as principals, in feloniously, willfully, and with malice aforethought killing and nuirdering the said ]\Iartina Pincao by throwing her body into the said Panay River while her arms were bound as aforesaid, thereby then and there causing the death of the said Martina Pincao by drowning. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 49 Charge II. — *' Accomplices and accessories before the fact in the crime of an.sault with intent to kill." Specification. — "In that on or about the 14th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of Matagnop, pueblo of Dao, island of Panay, Philippine Islands, a place then, as now, under the military government of the United States, Severo Kutiallx), Primo Tibis, Tonuis Entialbo, Pedro Entialbo, and Francisco Estiqueta, Filipino natives, as ac^complices and accessories before the fact, in company of, and consorting with, a band of four other armed Filipino natives, to wit: Salvador Martesano, Angel Entialbo, Carlos Pareno, and Sotero Mag- banua, as principals, did, all and each of them, feloniously and with evil intent, aid and abet the said princij)als, Salvador Martesano, Angel Entialbo, Carlos Pareno, and Sotero Magbanua, Filipino natives, in fehmiously and forcibly taking from his home, in or near the said barrio of Matagnop, a native, one Victor Pere by name, and in binding the arms of the said Victor Pere, and compelling him, by force or by threats, to accom- pany them, the said principals, Salvador Martesano, Angel Entialbo, Carlos Pareno, and Sotero Magbanua, to the banks of the Panay River, for the purpose, then and there, of feloniously, willfully and with malice aforethought, killing and nmrdering the said Victor Pere, from which fate the said Victor Pere was able to escape only by jumping into the said Panay River, while his arms were still bound, thus escaping to the opposite bank." Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "not guilty;" to the second charge, "not guilty." Findings. — In the case of Severo Entialbo: Of the specification, first charge, "guilty, except the words found on lines 2, 3, 4, and 5 of page 3 of these proceed- ings, 'Primo Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco Estiqueta, Fili- pino natives, as accomplices and accessories before the fact, did, all and each of them,' substituting therefor the words, 'a Filipino native, as an accomplice and accessory before the fact, did;' of the substituted words, guilty, and of the excepted words, not guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty." In the cases of Primo Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco Esti- queta: Of the specification, first charge, "guilty so far as to include the words, 'and in binding the arms of the said Martina Pincao,' and of the remaining words of the specification, not guilty;" of the first charge, "not guilty, but guilty of assault with intent to do bodily harm;" of the specification, second charge, "guilty so far as to include the words, 'and in binding the arms of the said Victor Pere,' and of the remaining words of the specification not guilty;" of the second charge, "not guilty, but guilty of assault with intent to do bodily harm." Sentence. — And the commission does therefore sentence him, Severo Entialbo, a native, "to be hanged by the neck until dead, at such time and place as the review- ing authority may designate, two-thirds of the members concurring therein." And the commission does therefore senten(;e them, Primo Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco Estiqueta, Filipino natives, all and each of them, "to be confined at hard labor, at such place as the reviewing authority may designate, for the period of four (4) years." II. Sotero Magbanua, native. CiiAKGE I.— "Murder." Spccificdtion. — "In that on or about the 14th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of jMatagnop, pueblo of Dao, island of Panay, Philii)})ine Islands, a place then, as now, under the military government of the United States, one Sotero Magbanua, a native, in company of and consorting with a band of armed natives, to the number of eight, more or less, did forcibly take from her home, in or near the said barrio of INIatagnop, a native woman, INIartina Pincao by name, and, in company with a mend)er or members of said l)and, did bind the arms of the said Martina Pincao, and by threats or by force did comi)el the said Martina Pinc^ao to accompany the said band of natives to the banks of the Panay River, distant from her home some 200 yards, more or less; that while on the bank's of the river the aforesaid Sotero Magbanua, or other member or members of the said band of natives, did feloniously, willfully, and with malice aforethought, inflict on the right side of the body, below the right arm of the said Martina Pincao, a cut with a bolo, or other sharp instrument, held in the hands of the said Sotero IVIagbanua, or in the hands of a member or members of the aforesaid band, with whom he was con- sorting; that while the arms of the said Martina I'incao were still bound, an(l after she had been wounded in the nuinncr aforesaid, the said Sotero ^lagbanua, or otiier member or meml)ers of the band with whom he was consorting,(li(l feloniously S. Doc. 205, pt 2 4 50 CHARGES OF CRUELTY, ETC., TO FILIPINOS. willfully, and with malice aforethought, kill and munler the said Martina Pineao by throwing her body into the Panay River, therel^y then and there causing the death of the said INIartina Pineao by drowning." Charge II.— "Assault with intent to kill." Spcc{ficatiou. — "In that on or about the 14th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of 3Iatagnop, pueblo of Dao, island of Panay, Philippine Islands, a place then, as now, under the military government of the United States, one Sotero Magbanua, a native, in company of and consorting with a band of armed natives, to the number of eight, more or less, did forcibly take from his home, in or near the said barrio of ^latagnop, a native, one Victor Pere by name, and, in company with a member or members of said band, did bind the arms of the said Victor Pere, and, by threats or by force, did compel the said Victor Pere to accom- pany the said band to the banks of the Panay River for the purpose of feloniously, willfully, and with malice aforethought, then and there killing and murdering the said Victor Pere, from which fate the said Victor Pere escaped only by jumping into the said river while his arms were still bomid, thus escaping to the opposite shore." Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guiltv;" to the specification, second charge, "notguiltv;" to the second charge "not guilty." Findings. — Of the specification, first charge, "guilty;" of the first charge "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty." Sentence, — And the commission does therefore sentence him, Sotero Magbanua, a native, " To be hanged by the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing cases of Severo Entialbo (who was jointly tried with Primo Tibis, Tomas Entialbo, Pedro Entialbo, Francisco Estiqueta) and Sotero Magbanua. natives, it appears from the records that a number of neighbors had assembled in the evening at the house of one Salvador to condole with him on the death by drowning of his "little boy. ' ' That at the suggestion of Salvador seven or eight men left his house and accom- panied him to the house of Victor Pere, where, with the active assistance of these accused and two others of the party, Victor Pere and his wife INIartina Pineao were taken by force, their arms bound behmd them, and, with the threat that "the last day" of their "lives had come," were conducted to the Panay River, where the woman, first being struck by one of her assailants with a bolo, was thrust into the stream, from which her dead body, with pinioned arms and l^earing the bolo wound, was recovered a few days later. The husl)aiid of the deceased, witnessing her murder and anticipating his own, sprang into the river and, notwithstanding his arms were tied, succeeded in swimming to the opposite shore. From his testimony, supported by other eyewitnesses, the facts attending the taking of the life of a helpless and unoffending woman, and the active part these accused took therein, as related, are proven beyond any reasonable doubt. The witnesses all agree that the motive for the crime was a superstitious belief that the murdered woman was a witch; the plain inference being that her ignorant assailants attributed to her the possession of occult powers whereby she had, in some mysterious way, brought to pass the death of Sal- vador's child. The sentences, which were approved by the department commander, in the case of Sotero Magbanua on October 7, 1900, and in the case of Severo Entialbo on Octo- ber 14, 1900, are confirmed; but upon his recommendation, based upon the exceed- ingly low order of. intelligence, and, it may be added, blind superstition of these accused, the sentence in each case is mitigated to confinement at hard labor for the period of twenty years. As mitigated, the sentences will he duly executed at the Presidio de Manila to which place the prisoners will be sent under proper guard. In the foregoing cases of Primo Tibis, Tomas Entialbo, Pedro, Entialbo, and Fran- cisco Estiqueta, natives (jointly tried with Severo Entialbo). the sentences which were confirmed in each case by the department commander on the 14th day of October, 1900, will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General Mac Arthur: S. D. SturctIS, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, Xovember 5, 1900. General Orders, No. 110. Before a military commission which convened at Lingayen, province of Panga- sinan, Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 110, headquarters CHARGES OF CRUELTY, ETC., TO FILIPINOS. 51 Department of Northern Luzon, August 15, 1900, and of which Maj. WiUiam H. Bishop, 36tli Infantry, U. S. Volunteers, was president, and Capt. Warren H. Ickis, 36th Infantry, U. S. Vohmteers, was judge -advocate, was arraigned and tried Luis Ordona, ahas Catubig, a native. Charge L— "Robbery." Specification 1. — "In that Luis Ordona, aUas Catubig, native, on or about June the 1st, 1899, a time of insurrection .then, as now, against the lawful authority of the United States, in the pueblo of Aguilar, province of Pangasinan, P. I,, a place then, as now, in the theater of active military operations, in company of and consorting with a band of armed outlaws to the number of twenty, more or less, commanded and led by the said Ordona, did feloniously and forcibly take from the presence of Seiiora Maria Arenas, native, a quantity of clothing and jewelry, value not known, the property of the said Maria Arenas. This at the times and places above specified." Specification 2. — "In that Luis Ordona, alias Catubig, native, on or about Novem- ber 19, 1899, a time of insurrection then, as now, against the lawful authority of the L^nited States, at or near the barrio of Abanum, pueblo of San Carlos, province of Pangasinan, P. I., a place then, as now, in the theater of active military operations, in company of and consorting with a band of armed outlaws to the number of twenty, more or less, connnanded and led by the said Ordona, did feloniously and forcibly take from the presence of Senora Antonina Garcia, native, a quantity of money, jewelry, and other valuables, value unknown, the property of the said Anto- nina Garcia. This at the times and places above specified." Charge II. — "Murder." Specification 1. — "In that Luis Ordona, alias Catubig, native, on or about June 1, 1899, a time of insurrection then, as now, against the lawful authority of the Ignited States, at or near the pueblo of xVguilar, province of Pangasinan, P. I., a place then, as now, in the theater of active military operations, in company of and consorting with a band of armed outlaws to the number of twenty, more or less, commanded and led by the said Ordona, did feloniously and with malice aforethought kill and murder one Gregorio Arenas, native, by stabbing and cutting him, the said Arenas, with a bolo held in the hands of the said Ordona, inflicting wounds therewith whereof he, the said Arenas, then and there died. This at the times and places above specified." Sj^ecification 2. — "In that Luis Ordona, alias Catubig, native, on or about Novem- ber 19, 1899, a time of insurrection then, as now, against the lawful authority of the I'nited States, at the barrio of Al^anum, pueblo of San Carlos, province of Panga- sinan, P. I., a place then, as now, in the theater of active military operations, in company of and consorting with a band of armed outlaws to the number of twenty, more or less, commanded and led by the said Ordona, did willfully, feloniously, and with malice aforethought kill and murder one Juan Rosario by shooting him, the said Juan Rosario, with a gun, and stabbing him, the said Juan Rosario, with a bolo held in the hands of the said Ordona, and by cutting off the head of the said Rosario by the said Ordona, and throwing same into the river, inflicting wounds therewith whereof he, the said Rosario, then and there died. This at the times and places above specified." Pleas. — To the first specification, first charge, " not guilty;" to the second specifi- cation, first charge, "not guilty;" to the first charge, "not guilty:" to the first speci- fication, second charge, "not guilty;" to the second specification, second charge, "not guilty;" to the second charge, "not guilty." Findings. — Of the first specification, first charge, "guilty, except the words, 'com- manded and led by the said Ordona,' and, of the excepted words, "not guilty;" of the second specification, first charge, "guilty, except the words, 'commanded and led by the said Ordona,' and, of the excepted" words, not guilty;" of the first charge, "guilty;" of the first specification, second charge, "guilty, except the words, 'com- manded and led by the said Ordona,' and the words 'the said Ordona.' substituting for said last-mentioned words 'a member or members of said band,' of the excepted ^yords, not guilty, and, of the substituted words, guilty;" of the second specifica- tion, second charge, " guilty, except the words, ' commanded and led by the said Ordona,' and of the words 'by shooting him, the said Rosario, with a gun and,' and of the excepted words, not guilty;" of the second charge, " guilty." Sentence. — And the commission does therefore sentence him,' Luis Ordona, alias Catubig, native, "to Ije hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Luis Ordona, alias Catubig, native, several ]iolicemen and other eye-witnesses agree in their testimony that an armed body of men, about 9 o'clock at night, entered the official residence of Gregorio Arenas, who was at the time presi- 52 CHARGES OF CRUELTY, ETC., TO FILIPINOS. dente of Aguilar, and placing all the other inmates under fear of death and removing them from the room in which said Arenas was held captive, then with bolos in their hands killed the said Arenas and by decapitation mutilated his body. The evidence is conclusive that the accused took an active and leading part in this bloody deed, and that in this and in the murder of Juan Rosario he and the band of outlaws and murderers with whom he consorted were actuated chiefly, if not solely, by a desire to rob the unoffending but reputedly rich men whose lives they took in each case by the savage and barbarous method of decapitation. The sentence which was approved by the department commander on September 12, 1900, is confirmed and will be duly executed at the pueblo of Lingayen, province of Pangasinan, on the 7th day of December, A. D. 1900, under the direction of the connnanding general. Department of Northern Luzon. By command of Major-General MacArthur: S. D. Sturgis, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., November 6, 1900. General Orders, No. 111. Before a military commission Avhich convened at Capiz, Panay, P. I., pursuant to paragraph 11, Special Orders, No. 72, Headquarters Department of the Visayas, June 30, 1900, and of which Capt. Thomas W. Griffith, Eighteenth U. S. Infantry, was president, and Capt. David C. Shanks, Eighteenth U. S. Infantry, was judge- advocate, was arraigned and tried: Pedro Lachica, a native. Charge I. — "Robbery." Specification. — "In that on or about the 7th day of July, A. D. 1900, then, as now, a time of insurrection, at, or near, the barrio of Sigboguan, pueblo of Capiz, island of Panay, Philippine Islands, a place then, as now, under the military govern- ment of the United States, one Pedro Lachica, a Filipino native, in company of, and consorting with, a band of armed robbers, to the number of eleven, more or less, did feloniously and forcibly take, steal, and carry away fifty pesos (|50), more or less, in Mexican currency, and clothes and jewelry of the value of two hundred pesos ($200), more or less, Mexican currency, the property of Bias Belono, Cipriana Arsiga, and Paulina Belono." Charge II. — "Murder." Specification. — "In that on or about the 7th day of July, A. D. 1900, then, as now, a time of insurrection, at, or near, the barrio or Dinginan, of the pueblo of Capiz, island of Panay, Philippine Islands, a place then, as now, under the military government of the United States, one Pedro Lachica, a Filipino native, in company of, and consorting with, a band of armed robbers, to the number of eleven, more or less, did feloniously, willfully, and with malice aforethought, kill and murder one Bias Belono, a Filipino native, by striking him a blow upon the neck with a bolo held in the hands of the said Pedro Lachica, or in the hands of other member or members of the said band with which he was consorting, from which said blow the said Bias Belofio then and there died." Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "not guilty;" to the second charge, " not guilty." Findings. — Of the specification, first charge, "guilty;" of the first charge, "guiltv;" of the si:)ecification, second charge, "guilty;" of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Pedro Lachica, a native, "to be hanged by the neck until dead, at such time and place as the review- ing authority may designate, two-thirds of the members concurring therein." In the foregoing case of Pedro Lachica, native, the accused admitted before the commission trying him he was one of a band of eleven men who, representing themselves to be policemen from Capiz, entered at nighttime several houses in a barrio of that pueblo, and, by threats and by filling of a rifle, forced the inmates to come out, tied the arms of the men behind their backs, beat them with bolos, robbed the houses of money, jewelry, and other valuables, and then departed taking their plunder and the men they had maltreated with them. After reaching the foothills of the mountains the band permitted all their captives to return except Bias Belono. A little later, the same night, the dead body of Belono was found, exhibiting fatal bolo wounds upon the head and about the neck and throat. The death of the deceased, in the manner set forth, following so swiftly upon the time when it was known he was in the power of this band of ladrones, so intimately CHARGES OF CRUELTY, ETC., TO FILIPINOS. 53 connects each and every member of said band with this crime that the criminal responsibihty of this accused therein is proven beyond all reasonable doubt. The sentence, which was approved by the department commander on October 13, 1900, is confirmed, but, upon his recommendation, is mitigated to confinement at hard labor for the period of fifteen (15) years, and, as thus mitigated, will be duly executed at the preside de Manila, to which place the prisoner will be sent under proper guard. By- command of ^Major-General MacArthur: , S. D. Sturgis, Assistant Adjutant- General. Headquaeters Division of the Philippines, Manila, F. I., Xomnher 7, 1900. General Orders. Xo. 112. Before a military commission which convened at Binalonan, province of Pan- gasinan, Luzon. P. I., pursuant to paragraph 4. Special Orders, Xo. 63, Headquarters Department of Xorthern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, Thirteenth L. S. Infantry, was president, and First Lieut. Harvey W. Miller, Thir- teenth L'. S. Infantry, was judge-advocate, was arraigned and tried Vicente Vil- laneuva, a native. Charge I. — " Disturbing the peace." Specification. — "In that he, Vicente Villaneuva, a native and resident of pueblo of L'rbaneta, province of Pangasinan, island of Luzon, P. I., did, on or about the 13th day of January, 1900, join and band himself with one Mariano Ari, and other natives, names and number unknown, and armed with a revolver and a sharp instrument, commonly called a bolo, did disturb the peace of the pueblo by entering the house of Tranquilino Castafieda, a native, and resident of Urdaneta, province of Pangasinan, island of Luzon, P. I., and by putting the said Castaheda in fear of his life by point- ing his revolver at him, the said Castaneda, and threatening to kill him. This between 9 and 10 o'clock p. m. at the date and place specified, in time of insurrec- tion against the authority of the L^nited States and in territory occux^ied by Ignited States forces. " Charge II.— "Murder." Specification. — In that he, Vicente Villaneuva, a native and a resident of the pueblo of Urdaneta, province of Pangasinan. island of Luzon, P. I., in company of, and consorting with, a l^and of armed natives, twenty more or less, did, on or about the 13th day of January, 1900, then, as now, a time of insurrection against the L'nited States and in territory occupied by the United States forces, at Urdaneta, province of Pangasinan, island of Luzon, P. L, then, as now, a place under the military authority of the United States, feloniously, willfully, and with malice afore- thought, kill and murder one Isidro Organo, a native, and resident of Urdaneta, province of Pangasinan, island of Luzon, P. I., by shooting him, the said Organo, through the body, inflicting a wound from which the said Organo died immediately or very soon thereafter. This between 9 and 10 o'clock p. m. at the date and place above specified." Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guiltv;" to the specification, second charge, "not guiltv;" to the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty;" of the first charge, "guiltv;" of the specification, second charge, "guiltv;" of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Vicente Villaneuva, native, "To be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Vicente Villaneuva, native, it appears of record that the accused was one of an armed band of outlaws that during the same night ni^de two attempts to secure by force the person of one Tranquilino Castaneda, a fellow towns- man of the accused, and that in the persistent endeavor to accomplish this felonious purpose, the men of the band fired upon peaceful citizens who through fear were fleeing from their presence, wounding one and killing Isidro Organo outright. Having come t')gether for a felonious purpose, each and every mem tier of this band who was present is in law responsible for the acts of the man who fired the fatal shot; and because of the greater power for evil numbers s<^ unlawfully l)anded ti^gether possess and by whifh they encourage and incite each other to commit their felonious purposes, they each and all the more richly deserve the penalty of death which the 54 CHARGES OF CRUELTY, ETC., TO FILIPINOS. law imposes. Beyond this joint responsibility, however, the accused took a leading part in this murder and was seen to aim and fire his rifle at the fleeing men. The sentence, which was approved by the department commander on the 12th day of September, 1900, is confirmed and will be duly executed at the pueblo of L^rdaneta, in the province of Pangasinan, island of Luzon, on the 23d day of November, A. D. 1900, under the direction of the commanding general, Department of Northern Luzon. By command of Major-General MacArthur: S. D. Stuegis,- Assistant Adjutant- General. Headquaeters Division of the Philippines, 31a}ula, P. L, Xorember 9, 1900. General Orders, No. 114. Before a military commission which convened at Capiz, Island of Panay, P. I., pursuant to paragraph II, Special Orders, No. 72, Headquarters Department of the Yisayas, June 30, 1900, and of which Capt. Thomas W. Griffith, Eighteenth U. S. Infantry, was president, and Capt. David C. Shanks, Eighteenth U. S. Infantry, was judge-advocate, was arraigned and tried Eomano Cortame, a native. Charge. — " Murder. ' ' Specification 1. — "That on the 9th day of May, A. D. 1900, then, as now, a time of insurrection, at the Pueblo of Capiz, in the Province of Capiz, on the island of Panay, of the Philippine Islands, a place then, as now, under the military occupation and government of the United States, one Romano Cortame, a Filipino and a resident of said Province of Capiz, did feloniously, willfully, and with malice aforethought mur- der and kill one Francisco Palma, a Spaniard and resident of said Pueblo of Capiz, by then and there cutting and stabbing the said Francisco Palma with a knife, held in the hands of said Romano Cortame, then and there inflicting upon the said Francisco Palma divers cuts and wounds, by reason of w^hich said wounds the said Francisco Palma died on the 10th day of May, 1900, at the said Pueblo of Capiz." Specification 2. — "That on the 9th day of May, A. D. 1900, then, as now, a time of insurrection, at the Pueblo of Capiz, in the Province of Capiz, on the island of Panay, of the Philippine Islands, a place then, as now, under the military occupation and government of the United States, one Romano Cortame, a Filipino and resident of said Province of Capiz, did feloniously, willfully, and with malice aforethought, mur- der and kill one Francisco Cacho, a Spaniard and resident of said Pueblo of Capiz, by then and there cutting and stabbing the said Francisco Cacho with a knife held in the hand of said Romano Cortame, then and there inflicting upon the said Francisco Cacho divers cuts and wounds, by reason of which cuts and w^ounds the said Francisco Cacho then and there died." Specfication 3. — "That on the 9th day of May, A. D. 1900, then, as now, a time of insurrection, at the Pueblo of Capiz, in the Province of Capiz, on the island of Panay, of the Philippine Islands, a place then, as now, under the military occupation and government of the United States, one Romano Cortame, a Filipino and resident of said Province of Capiz, did feloniously, willfully, and with malice aforethought mur- der and kill one Balbino Abadia, a native and resident of said Pueblo of Capiz, by then and there cutting and stabbing the said Balbino Abadia with a knife held in the hand of said Romano Cortame, then and there inflicting upon the said Balbino Abadia divers cuts and wounds, by reason of which cuts and w^ounds the said Balbino Abadia then and there died." Additional charge and specification: Charge. — "Assault w^ith intent to kill." Specification. — " In that on the 9th day of May. A. D. 1900, then, as now, a time of insurrection, at the Pueblo of Capiz, Province of Capiz, island of Panay, of the Philippine Islands, a place then, as now, under the military government of the L^nited States, one Romano Cortame, a native and resident of the said Pueblo of Capiz, did make a violent assault upon one Atilano Victoria, a native and resident of said Pueblo'of Capiz, by then and there striking and cutting said Atilano Victoria with a knife held in the hand of the said Romano Cortame, then and there inflicting upon said Atilano Victoria divers cuts and wounds, with intent, then and there, feloniously, willfully, and with malice aforethought, to kill said Atilano Victoria. Pleas. — To the first specification, "not guilty;" to the second specification, "not guilty;" to the third specification, "not guilty;" to the charge, "not guilty;" to the specification, additional charge, "not guilty;" to the additional charge, "not guilty." Findings. — Of the first specification, "guilty;" of the second specification, "guilty;" of the third specification, "guilty;" of 'the charge, "guilty;" of the spec- ification, additional charge, "guilty;" of the additional charge, "guilty." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 55 Sentence. — And the commission does, therefore, sentence him, Romano Cortame, native, "to be hanged by the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Romano Cortame, native, the accused in his confession in open court said: "It was not my intention to kill anyone but Atilano. He was the cause of all my trouble. If anything happened at the ice plant, whether I did it or not, he would always inform Sen or Raima against me." The accused also confessed that because Balbino interfered with his efforts to kill Atilano he joursued and killed Balbino, and because Seiiores Cacho and Raima hap- pened to be in his way on the street as he was trying to escape he killed them also. The evidence appearing of record reveals the details of this triple murder and fully confirms the confession of the accused. The sentence, which was approved by the department commander on August 25, 1900, is confirmed, and will be duly executed at the pueblo of Capiz, province of Capiz, Ranay, R. I., on the fourteenth (14th) day of December, A. D. 1900, under the direction of the commanding general. Department of the Visayas. By command of Major-General MaCxlrthur: S. D. Sturgis, Assistant Adjutant-General. Headquarters Division of the Rhilippines, Manila, P. I., November 13, 1900. General Orders, No. 115. Before a military commission which convened at Binalonan, Rrovince of Ranga- sinan, Luzon, R. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters Department of Northern Luzon, May 31, 1900, and of which Capt. Frederick S. AVild, Thirteenth U. S. Infantry, was president, and Capt. Arthur Johnson, adjutant, Thir- teenth U. S. Infantry, w^as judge-advocate, were arraigned and tried: Catalino Untalan, Feliciano Cortes, Juan Seguig, Alberto Marana, Melicio Gayiton, and Ambrosio Zuelacio, natives. Charge I. — "Kidnaping." Specification. — "In that they, Catalino Untalan, Feliciano Cortes, Juan Seguig, and Alberto Marana, natives, and residents of Urdaneta, Rrovince of Rangasinan, Island of Luzon, R. I., and Ambrosio Zuelacio and Melicio Gayiton, natives, and residents of Manaoag, Rrovince of Rangasinan, Island of Luzon, V. I., and each of them did, on or about March 2, 1900, then, as now, a time of insurrection, in the barrio of Tolong, Rueblo of L'rdaneta, Rrovince of Rangasinan, Island of Luzon, R. I., a place then, as now, under the military authority of the United States, band themseves together and with others, to wit, Apolinario Lantanao, Apolonio Ysla, and Mariano Ari, natives, present Avhereabouts unknown, and armed with rifles, and sharp instru- ments commonly called bolos, did enter certain houses in the said barrio of Tolong, and feloniously assault, seize, bind, and carry away the persons of Lorenza Soriano, Arcadio Jacobe, Tasinto Echavarre, Felipe Bacungan, and Gelasio Jacobe against their will and consent. This at the time and place above specified." Charge II.— " Murder." Specification. — "In that they, Catalino Untalan, Feliciano Cortes, Juan Seguig, and Alberto Marana, natives, and residents of Urdaneta, Rrovince of Rangasinan, Island of Luzon, R. I., and Ambrosio Zuelacio and Melicio Gayiton, natives, and residents of Manaoag, Rrovince of Rangasinan. Island of Luzon, P. I., and each of them did, on or about March 2, 1900, then, as now, a time of insurrection against the United States, at the barrio of Tolong, Urdaneta, Rrovince of Rangasinan, Island of Luzon, P. I., then, as now, a place under, the military authority of the L^nited States, felo- niously, w'illfully, and with malice aforethought, kill and murder the following per- sons, to wit, Lorenza Soriano, Arcadio Jacobe, Tasinto Echavarre, Felipe Bacungan, and Gelasio Jacobe, by inflicting wounds, instrument or instruments unknown, from which said Arcadio and Gelasio Jacobe, Lorenza Soriano, Tasinta Echavarre, and Felipe Bacungan then and there died. This at the time and place above specified." Rleas. — To the specification, first charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "not guilty;" to the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty, except the words ' to wit, Apolinario Lantano, Apolonio Ysla, and Mariano Ari,' and of the excepted w^ordsnot guilty." Of the first charge, " guilty." Of the specification, second charge, "guilty, except the words 'Arcadio Jacobe, Tasinto Echavarre, and Felipe Bacungan,' the words 'Arcadio and,' the words 'Tasinto Echavarre and Felipe Bacungan,' of the excepted words not guilty." 56 CHARGES OF CRUELTY, ETC., TO FILIP1I!^0S. Of the second charge, ''guilty." Sentence. — And the commission does therefore sentence them, Catahno Untalan, FeHciano Cortes, Juan Seguig, Alberto Marana, Melicio Gayiton and Ambrosio Zuelacio, and each of them, "To be hung b}^ the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Catalino Untalan, Feliciano Cortes, Juan Seguig, Alberto Marana, Melicio Gayiton, and Ambrosio Zuelacio, natives, who were jointly tried, the evidence conclusively shows that a band of outlaws armed with rifles, talibones, and bolos, forcibly seized and carried away from their homes, on or about March 2, 1900, Lorenza Soriano, Gelasio Jacobe, Arcadio Jacobe, Tasinto Echavarre, and Felipe Bacungan; that these accused were members of the band and participated in its criminal acts, the accused, Catalino Untalan, taking an active and leading part; that no trace has since been had of Arcadio Jacobe, Tasinto Echavarre, or Felipe Bacungan, but that the dead bodies of Lorenza Soriano and Gelasio Jacobe, muti- lated with wounds that must in each case have resulted in death, were some three weeks later recovered in a well in the neighborhood, the identification being com- plete by reason of the clothing and articles found upon their bodies. The evidence connecting these accused with the forcible and criminal seizing and carrying away of Lorenza Soriano and Gelasio Jacobe is direct and positive and so intimately connects them with the murder of these persons as to leave no reasonable doubt of their guilt in the manner charged. The sentences, which were approved by the department commander on the 4th day of September, 1900, are confirmed, and in the case of Catalino Untalan, will be executed at the pueblo of Urdaneta, Province of Pangasinan, Luzon, P. I., on the 23d day of November, A. D. 1900, under the direction of the commanding general, department of Northern Luzon. In the case of Feliciano Cortes, the sentence as confirmed is mitigated to confine- ment at hard labor for the period of his natural life ; and in the cases of Juan Seguig, Alberto Marana, Melicio Gayiton, and Ambrosio Zuelacio, the sentences as confirmed are mitigated to confinement at hard labor for the term of twenty years (20) , and the sentences, as thus mitigated, will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General MacArthur: S. D. Sturgis, Assistant Adjutant- General. Headquarters Division op the Philippines, Manila, P. L, November U, 1900. General Orders, No. 116. Before a military commission which convened at Capiz, island of Panay, P. I., pursuant to Paragraph II, Special Orders, No. 72, Headquarters Department of the Visayas, June 30, 1900, and of which Capt. Thomas W. Griffith, Eighteenth U. S. Infantry, was president, and Capt. David C. Shanks, Eighteenth U. S. Infantry, was judge-advocate, was arraigned and tried Felipe de la Peiia, native. Charge I. — "Arson." Specification 1. — "In that, on or about the 23d day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Panitan, island of Pauay, P. I., a place then, as now, a part of the territory of the United States, and under its mili- tary governmeut, one Felipe de la Pefia, a native, in company of, and consorting with, a band of armed robbers to the number of thirty -five (35), more or less, of which said band the said Felipe de la Pena was the leader and in command, did willfully, maliciously, and feloniously set fire to and burn the dwelling house of one Don Basilio Dadivas y Dones." Specification ^.— " That on or about the 6th day of July, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. I. , a place then, as now, a part of the territory of the United States and under its military gov- ernment, one Felipe de la Peha. a native, in company of, and consorting with, a band of armed robbers to the number of thirty-five (35), more or less, and of which said band the said Felipe de la Pena was the leader and in command, did willfully, maliciously, and feloniously set fire to and burn the dwelling house of one Ysidoro Dadivas Dias." Specification 3. — "In that, on or about the 23d day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its mil- CHARGES OF CRUELTY. ETC. , TO FILIPIl^OS. 57 itary government, one Felipe de la Pena, a native, in company of, and consorting with, a band of armed robbers to the number of thirty-five (35) , more or less, and of which said band the said Felipe de la Pena was the leader and in command, did willfnlly, maliciously, and felonioush' set fire to and burn the dwelling house of one Domingo Dalid." Specification 4- — '' In that, on or about the 23d day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its mil- itary government, one Felipe de la Peiia, a native, in company of, and consorting with, a band of armed robbers to the number of thirty-five (35), more or less, and of which said band the said Felipe de la Pena was the leader and in command, did willfully, maliciously, and feloniously set fire to and burn the dwelling house of one Ysidoro Dadivas, Dias." Chaege II. — "Burglary." Specification 1. — "In that, on or about the 23d day of July, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its mili- tary government, one Felipe de la Peiia, a native, in company of, and consorting with, a band of armed robbers, to the number of thirty-five (35), more or less, and of which said band the said Felipe de la Pena was the leader and in command, did feloniously and burglariously break and enter a dwelling house of one Ysidoro Dadivas Dias, and did then and there take, steal, and carry away from the said dwelling house of the said Ysidoro Dadivas Dias certain articles of clothing, the property of the said Ysidoro Dadivas Dias, valued at |6 Mexican currency, more or less. " Charge III.— "Kobbery." Specificatioy. — "In that, on or about the 23d day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. L, a place then, as now, a part of the territory of the United States, and under its military gov- ernment, one Felipe de la Peiia, a native, in company of, and consorting with, a band of armed robbers, to the number of thirty-five (35) , more or less, and of which band the said Felipe de la Peiia was the leader and in command, did feloniously and forci- bly take, steal, and carry away two (2) carabaos of the value of eighty dollars (880.00), more or less, and the property of Ysidoro Dadivas Dias." Pleas. To the first specification, first charge, "not guilty." To the second specification, first charge, "not guilty." To the third specification, first charge, " not guilty." To the fourth specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." To the specification, third charge, " not guilty." To the third charge, "not guilty." Findings. Of the first specification, first charge, "not guilty." Of the second specification, first charge, "guilty." Of the third specification, first charge, "guilty." Of the fourth specification, first charge, "guilty." * Of the first charge, "guilty." Of the specification, second charge, "not guilty." Of the second charge, " not guilty." Of the specification, third charge, "guilty." Of the third charge, "guilty." Sentence. And the commission does therefore sentence him, Felipe de la Peiia, a native, " To be confined at hard labor, at such place as the reviewing authoritv mav direct, for a period of tw^enty (20) years." In the foregoing case of Felipe de la Pena, native, no evidence appears of record in support of the finding upon the second specification of the first charge, which is dis- approved; but it is conclusivelv shown that, on or about the middle of June, a liand 58 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. of twenty natives, more or less, armed with lances, spears, and bolos, entered the barrio of Calaan in the pneblo of Panitan and burned two dwelUngs, setting fire to one after the frightened inmates had come out, and to the other to compel them to do so; that they then tied and whipped said inmates — men, women and children alike — and, leaving them bound and helpless, departed, taking with them two cara- baos. Three witnesses agree that the accused was present and, as the leader of the band, gave the orders for these acts of robbery and arson. The sentence, which was approved by the department commander on October 29, 1900, is confirmed, and will be duly executed at the presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: S. J). Sturgis, Assistant Adjutant- General. Headquartees Division of the Philippines, Manila, P. J., November 19, 1900. General Orders, No. 120. Before a military commission which convened atLingayen, province of Pangasinan, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 110, Headquarters Depart- ment of Northern Luzon, August 15, 1900, and of which Maj. William H. Bishop, 36th Infantry, U. S. Volunteers, was president, and Capt. Warren H. Ickis, 36th Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried: I. Mariano Castillo, alias Macabat, a native. Charge I. — " Organizing and leading a band of armed outlaws, contrary to the laws and usages of war." Specification. — "In that he, Mariano Castillo, alias Macabat, did organize and style himself leader of a band of armed outlaws, under the name of 'Guardia de Honor,' and did enlist, for the purpose of plunder, robbery, murder, and assassination, cer- tain natives to the number of fifty (50), more or less, in and near the barrio of Caba- saan, pueblo of Anda, province of Zambales, P. I. "This at or near the place specified, a place then, as now, within the theater of active military operations by United States troops, during the months of January, Februarv, and March, 1900, a time then, as now, of insurrection against the United States."" Charge II.— "Murder." Specification. — "In that he, Mariano Castillo, alias Macabat, as leader of a band of armed outlaws, did willfully, feloniously, and with malice aforethought kill and mur- der one Francisco Fernandez, a native, by cutting and hacking said Fernandez with a bolo or bolos held in the hands of a member or members of said band, inflicting wounds Avith said bolo or bolos whereof the said Fernandez then and there died, at the barrio of Pangascasan, pueblo of Sual, province of Pangasinan, P. I. This on or about February 1, 1900, a time then, as now, of insurrection against the United States, and in the theater of active military operations by the United States troops, and occupied by United States forces." Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "notguiltv;" to the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty;" of the first charge, "guiltv;" of the specification, second charge, "guilty;" of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Mariano Castillo, alias Macabat, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." II. Paustino Pascoa, a native. Charge I. — "Murder." Specification. — "In that he, Paustino Pascoa, a native, on or about February 1, 1900, then, as now, a time of insurrection against the lawful authority of the United States, at or near the sitio of Logolog, barrio of Pangascasan, pueblo of Sual, province of Pangasinan, P. I., a place then, as now, in the theater of active military opera- tions, in company of, and consorting with, a band of armed outlaws, terming them- selves 'Guardia (le Honor,' under the leadership of one Mariano Castillo, did will- fully, feloniously, and with malice aforethought, as an officer of said 'Guarclia de Honor,' order the killing and murdering of one Francisco Fernandez b}' causing him, the said Fernandez, to be tied and bound so as to render him, the said Fernandez, CHARGES Of CRUELTY. ETC.. TO FILIPINOS. 59 helplei^s, and did. cause him to be cut, slashed, and mutilated by ordering one Pio- quinto de Jesus to cut him, the said Fernandez, with a bolo held in the hands of said de Jesus, and wherewith wounds were inflicted whereof he, the said Fernandez, then and there died." '•This at the times and places above specified." Plea.-<. — To the specification, "guilty, except as to the words 'willfully, feloniously, and with malice aforethought,' and as to the excepted words not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Paustino Pascoa, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein. III. Piociuinto de Jesus, a native. Charge. — " Murder. " ' Specification. — ''In that he, Pioquinto de Jesus, a native, on or about February I, 1900, then, as now, a time of msurrection against the lawful authority of the Unitecl States, at or near the sitio of Logolog. barrio of Pangascasan, pueblo of Sual, prov- ince of Pangasinan, P. I., a place then, as now, in the theater of active military oper- ations, in company of, and consorting with, a band of anned outlaws, terming themselves ' Guardia de Honor,' under the leadership of one Mariano Castillo, did tie and bind one Francisco Fernandez, native, thereby rendering him entirely help- less, then did willfully, feloniously, and with malice aforethought kill and murder said Fernandez, by cutting him, the said Fernandez, with a bolo held in the hands of said Pioquinto de Jesus, inflicting wounds therewith whereof he, the said Fernan- dez, then and there died. This at the times and places above specified." Pleas. — To the specification, ' ' guilty, except as to the words. ' willfully, feloniously, and with malice aforethought,' and as to the excepted words not guilty." To the charge, "guilty." Findings. — Of the specification, ' ' guilty. ' ' Of the charge, ' ' guilty. ' ' Sentence. — Ajid the commission does therefore sentence him, Pioquinto de Jesus, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." IV. Eufino Bacarizas, a native. Charge. — " Murder. ' ' Specificaiion. — '"In that he, Rufino Bacarizas, a native, on or about February 1, 1900, then, as now. a time of insurrection against the lawful authority of the L'nited States, at or near the sitio of Logolog, barrio of Pangascasan, pueblo of Sual, Pan- gasinan, P. I., a place then, as now, in the theater of active military operations, in company of, and consorting with, a band of armed outlaws, terming themselves 'Guardia de Honor*" under the leadership of one Mariano Castillo, alias Macabat, did willfully, feloniously, and with malice aforethought kill and murder one Fran- cisco Fernandez, by stabbing and cuttmg said Fernandez with bolos held in the hands of members of said outlaws, inflicting wounds therewith whereof the said Fer- nandez then and there died. This at the times and places above specified." Pleas. — To the specification, "guilty, except to the words 'willfully, feloniously, and with malice aforethought,' and to the excepted words, not guilty." To the charge, "net guilty." Findings. — Of tlie si3ecification, "guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Rufino Bacarizas, native, " To be hanged by the neck until he is dead, at such time and place as may be fixed by the reviewing authority, two-thirds of the members concurring therein." In the foregoing cases of Mariano Castillo, alias Macabat, Paustino Pascoa, Pio- quinto de Jesus, and Rufino Bacarizas, natives, the evidence of many witnesses, including the confessions of three of the accused before the commission trying them, makes it conclusive beyond all reasonable doubt that the accused belonged to an organized band which, under the assumed style of " Guardia de Honor," had for its declared object the exercise of unlawful power, and, as the murder of their peaceful and unoffending victim in this case exemplifies, if found necessary to gratify either a desire for revenge against anyone falling under their displea>sure or a feeling of envy against the rich, to resort to the foul crime of as.^assination. The evidence reveals the orderly methods of the band in first issuing through its chief, Mariano Castillo, alias Macabat, the order to kill, in the employment of force through a detail of men, of which the defendant Rufino Bacarizas was one, led by the defendant Paustino Pascoa, to kidnap their selected victim, and in the designation of an exe- cutioner in the person of the defendant Pioquinto de Jesus, to deliver with a bolo the fatal blows whereof said victim did at once die. These inhuman methods remove all the participants, whether chief or willing fol- 60 CHARGES 0¥ CRUELTY, ETC., TO FILIPINOS. lower of the band, from the pale of the law, and place them among that class of cowardly and secret assassins which all civilized men the world over hold to he enemies of mankind. The sentences which were approved by the Department Commander on the 6th day of September, 1900, are confirmed, and Avill be duly executed at the pueblo of Sual, province of Pangasinan, Luzon, P. I., on the twenty-first (21st) day of Decem- ber, A. D. 1900, under the direction of the commanding general, Department of iN^orthern Luzon. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., Xorember 24, 1900. General Orders, Xo. 125. Before a military commission which convened at San Isidro, Province of Zambales, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 110, Headquarters Depart- ment of Xorthern Luzon, August 15, 1900, and of which Maj. William H. Bishop, Thirty-sixth Infantry, L^. S. ^^olmlteers, was president, and Capt. Warren H. Ickis, Thirty-sixth Infantry, was judge-advocate, were arraigned and tried: Leon Pascual and Paulino Madarang, natives. Charge I. — " Murder." Specification 1. — "In that Leon Pascual and Paulino Madarang, natives, and each of them, in company of, and consorting with, a band of armed outlaws to the num- ber of fifteen more of less, at or near the pueblo of Infanta, Province of Zambales, Luzon, and at a time then, as now, of insurrection against the lawful authority of the Ignited States, did willfully, feloniously, and with malice aforethought, kill and murder Mamerto Mirador, a native, by striking the said Miradorwith a bolo held in the hands of members of said band. This at or near Infanta, Province of Zambales, Luzon, P. I., on or about February 14, 1899." Specification 2. — "In that Leon Pascual and Paulino Madarang, natives, and each of them, in company of, and consorting with, a band of armed outlaws to the num- ber of fifteen more or less, at or near the pueblo of Infanta, Province of Zambales, Luzon, and at a time then, as now, of insurrection against the lawful authority of the L'nited States, did willfully, feloniously, and with malice aforethought kill and murder Adriano Mayor, a native, l^y striking said 31ayor with a bolo, held in the hands of members of said l^and. This at or near Infanta, Province of Zambales, Luzon, P. I., on or about February 10,1899." Specification 3. — "In that Leon Pascual and Paulino Madarang, natives, and each of them, in company of, and consorting with, a band of armed outlaws to the num- ber of fifteen more or less, at the pueblo of Infanta, Province of Zambales, Luzon, P. I., and at a time then, as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought kill and murder Estevan Mapa, a native, by striking the said ]Mapa with a bolo, held in the hands of members of said band. This at or near Infanta, Province of Zambales, P. L, on or about Februarv 10, 1899." Charge II.— "Eobbery'." Specification. — "In that Leon Pascual and Paulino Madarang, natives, and each of them, on or about February 20, 1899, then, as now, a time of insurrection, at or near the pueblo of Infanta, Province of Zambales, Luzon, P. I., did feloniously and forcibly take from the presence of Catalino Moss, a native, a quantity of money, to the value of thirty (30) pesos, Mexican money, more or less, the property of said Catalino Moss. This at the times and places above specified." Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- cation, first charge, "not guilty;" to the third specification, first charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "not guilty;" to the second charge, "not guilty." FINDINGS. Leon Pascual. Of the first specification, first charge, "guilty;" of the second specification, first charge, " not guilty;" of the third specification, first charge, "not guilty;" of the firstcharge, "guilty;" of the specification, second charge, "not guilty;" of the second charge, ' * not guilty. ' ' CHARGES OF CRUELTY, ETC., TO FILIPINOS. 61 Sentence. — And the commission does therefore sentence him, Leon Pascual, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing- authority may direct, two-thirds of the members concurring therein." Paulino Madarang. Of the tirst specilication, first charge, "not guilty;" of the second specification, first charge, "not guilty;" of the third specification, first charge, "not guilty;" of the first charge, "not guilty;" of the specification, second charge, "not guilty;" of the second charge, " not guilty." Sentence. — And the commission does therefore acquit him, Paulino Madarang, native. In the foregoing case of Leon Pascual and Paulino Madarang, natives, it appears from the testimony of many witnesses that an armed band of outlaws entered the pueblo of Infanta at night, and, surrounding the house of Mamerto Mirador, three of their number forced an entrance, and with bolos in their hands and with threats of death assailed said Mirador, who, defending himself, repelled his assailants; whereupon the band set fire to the house thus forcing their victim to come out, when the band rushed upon him, and, striking him down with their bolos, took his life. Leon Pascual, one of the accused, was recognized by the inmates as one of the three men who entered the house and assailed the deceased. The evidence also clearly shows that Adriano Mayor and Estevan Mapa were, at the same time, taken by force by these outlaws from their homes in Infanta; that they had not since been seen in life, and that the remains of two men were later found unburied in the forest and articles of their clothing recognized with sufficient certainty to leave no reasonable doubt of the murder of the men named at the hands of this band of outlaws. The sentence in the case of Leon Pascual, native, which was approved by the department commander on the 31st day of October, 1900, is confirmed, but, upon his recommendation, is mitigated to imprisonment at hard labor for the period of his natural life, and, as thus mitigated, will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barey, Brigadier-General, U. S. Volunteers, Chief of Stqf. Headquarters Division of the Philippines, Manila, P. L, November ^4, 1900. General OMers, No. 126. Before a military commission which convened at Capiz, island of Panay, P. I., pursuant to Paragraph II, Special Orders, No. 72, Headquarters Department of the Visayas, June 30, 1900, and of which Capt. Thomas W. Grifith, 18th U. S. Infantry, Avas president, and Capt. David C. Shanks, 18th U. S. Infantry, w^as judge-advocate, was arraigned and tried Mariano Anton, native. Charge I. — "Highway robbery." Specifiratioii 1. — " In that, on or about the 16th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a place then, as now, a part of the territory of the L^nited States, and under its mili- tary government, one Mariano Anton, a native, in company of, and consorting with, a band of armed outlaws, commonly called ladrones, did feloniously take, steal, and carry away thirty-five (35) cavans of palay, valued at about eighty-seven dollars and fifty cents (!p87.5b) in Mexican currency, from the following-named parties, to wit: Don Sebadino Barona, Juan Esfoma, and Ambrosio Benondo." Specif cation 2. — "In that, on or about the 23d day of June, A. D. 1900, then, as now, a thne of insurrection, near the pueblo of Dao, island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its military gov- ernment, one Mariano Anton, a native, in company of, and consorting with, a' band of armed outlaws, commonly called ladrones, did feloniously and forcibly take, steal, and carry away two (2) carabaos, valued at about eighty (80) dollars, Mexican cur- rency, from and the property of the following-named parties, to wit: Don Juan Firmalino and Don Iban Jelista." Specif cation 5.— "In that, on or about the 20th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a place then, as now, a part of the territory of the Ignited States, and under its mili- tary government, one ^lariano Anton, a native, in comj^any of, and consorting with, a band of armed outlaws, commonly called ladrones, did feloniously and forcil)ly take, steal, and carry away the sum of two hundred (200) dollars, Mexican currency, the property of one Sabas Escotin." 62 CHARGES OF CRUELTY. ETC., TO FILIPINOS. Spenficatiou 4. — " In that, on or about the 29th day of June, A. D. 1900, then, as now, a time of msurrection, at or near the pueblo of Dao, island of Panay, P. I., a place then, as now, a part of the territory of the Li^nited States, and under its mili- tary government, one ^Mariano Anton, a native, in company of, and consorting with, a band of armed outlaws, commonly called ladrones, did feloniously and forcibly take, steal, and carry away three (3) carabaos, valued at about fifty dollars (S50), Mexican currency, the property of one Nicolasa Campos." Chaege II. — "Arson." Specijicatiou 1. — "In that, on or about the 16th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its mili- tary government, one Mariano Anton, a native, in company of, and consorting with, a band of armed outlaws, commonly called ladrones, did willfully and maliciously and felonioush' set fire to and burn a dwelling house, the property of Vicente Esti- mos and Don Simon Firmaline." Specification -2. — "In that, on or about the 29th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I. , a part of the territory of the United States, and under its military government, one Mariano Anton, a native, in company of, and consorting with, a band of armed out- laws, commonly called ladrones, did willfully, maliciously, and feloniously set fire to and burn a dwelling house, the propertv of one Xicolasa Campos." Chaege III.— "Assault with intent to kill." Specification 1. — "In that, on or about the 1st day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a place then, as now, a part of the territory of the United Stales, and under its mili- tary government, one Mariano Anton, a native, in company of, and consorting with, a band of armed outlaws, commonly called ladrones, did make a violent assault upon one Tomas Aleligay by then and there cutting the said Tomas Aleligay with bolos, held in the hands of the said Mariano Anton, and in the hands of the members of the said band of ladrones, with the intent then and there M'illfully, feloniously, and with malice aforethought to murder and kill the said Tomas Aleligay." Specification 3. — "In that, on or about the 29th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its mili- tary government, one Mariano Anton, a native, in company of, and consorting with, a band of ariiied outlaws, commonly called ladrones, did cause one of the said ladrones, who was armed with a Remington rifle, to fire upon the police of the said pueblo of Dao, with the intent then and there to willfully, maliciously, and felon- iously murder and kill the said police of Dao, the said police being then and there in the performance of their duty in attempting to arrest the said Mariano Anton." PLEAS. To the first specification, first charge, "not guilty." To the second specification, first charge, "not guilty." To the third specification, first charge, "not guilty." To the fourth specification, first charge, "not guilty.". To the first charge, "not guilty." To the first specification, second charge, "not guilty." To the second specification, second charge, "not guilty." To the second charge, "not guilty." To the first specification, third charge, ' ' not guilty. ' ' To the second specification, third charge, "not guilty." To the third charge, " not guilty." FINDINGS. Of the first specification, first charge, "guilty." Of the second specification, first charge, "not guilty." Of the third specification, first charge, "not guilty." Of the fourth specification, first charge, "guilty." Of the first charge, "guilty." Of the first specification,' second charge, "guilty, except the words 'and Don Simon Firmaline,' and of the excepted words, not guilty." Of the second specification, second charge, "not guilty." Of the second charge, "guilty." Of the first specification, third charge, "guilty, except the words 'by then and there cutting the said Tomas Aleligay,' and of the excepted words, not guilty." CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 63 Of the second specification, third charge, "not guilty." Of the third charge, "guilty." SENTENCE. And the commission does therefore sentence him, Mariano Anton, a native, "to be coniined at hard labor, at such place as the reviewing authority may direct, for the period of twenty years." In the foregoing case of ^Mariano Anton, native, it appears by the evidence that the accused was a leader of a band of about thirty men armed with bolos and at least one rifle, which was apparently more especially employed to terrify the people they intended to rob. The accused admitted that he was "chief of the bands in the neighborhood," that he had been appointed as such "by order of General Diocno," but denied all participation in the offenses charged against him. The ])ositive testimony of the owners that they recognized the accused with the band when their property was taken from them by force and threats of violence, leaves no reasonable doubt of his guilt as found by the military commission. The sentence, which was approved by the department commander on the 18th day of October, 1900, is confirmed, and Avill be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U.S. Volunteers, Chief of St ({f. Headquarters Division of the Philippines, Manila, P. I., November 26, 1900. General Orders, Xo. 129. Before a military commission which convened at Santa Cruz, Province of Laguna, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 130, Headquarters Depart- ment of Southern Luzon, August 20, 1900, and of which Major Thomas G. Carson, 11th Cavalry, U. S. Volunteers, was president, and 1st Lieutenant Blanton Winship, 29th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Juan Corbite, a native. Charge. — " Violation of the laws of war." Specification 1. — "In that Juan Corbite, native, having on the 25th day of April, 1900, voluntarily taken and subscribed to the oath of allegiance to the United States as follows, to wit: 'I solemnly swear that I will bear myself with truth, sincerity and loyalty toward the United States of America, and that I will serve them against all their enemies whomsoever, without evasion or reservation;' such oath of allegiance having been thorouohly explained to and understood by him, did violate said oath of allegiance by taking up arms against the United States as a lieutenant in Captain Dimayuga's company in the insurgent army, an organization engaged in insurrection against the lawfully constituted authority of the United States. This in time of in- surrection in Laguna Province, Luzon, P. I., a place under the militarv government of the United States, in the month of May, 1900." Specijication 2. — "In that Juan Corbite, native, having on the 25th day of April, 1900, voluntarily taken and subscribed to the oath of allegiance to the United States as follows, to wit: ' I solemnly swear that I will bear myself with truth, sincerity and loyalty toward the I'nited States of America, and that I will serve them against all their enemies whomsoever, without evasion or reservation;' such oath of allegiance having been thoroughly explained to and understood by him, did violate said oath of allegiance by taking command of, and consorting with, an armed party of insur- gents, said armed joarty being a part of an organization engaged in insurrec:tion against the lawfully constituted authority of the United States. This in time of in- surrection, at or near the barrio of Talongos, Province of Laguna, Luzon, P. I., a place under the militarv government of the U^nited States, on or about the 26th dav of Mav, 1900." " ^ ^ Specification S. — "In that Juan Corbite, native, having on the 25th day of April, 1900, voluntarily taken and sul)scribed to the oath of allegiance to the United States as follows, to wit: ' I solemnly swear that I will bear myself with truth, sincerity and loyalty toward the United States of America, and that I will serve them against all their enemies whomsoever, without evasion or reservaton;' such oath of allegiance having been thoroughly explained to and understood by him, did violate saitl oath of allegiance by participating with an armed party of insurgents, said armed party being a ]iart of an organization engaged in insurrection against tlie lawfullv consti- tuted authority of the United States, in an attack upon the town of Magdalena, P. I., 64 CHARGES OF CRUELTY, ETC., TO FILIPINOS. a place garrisoned by United States troops. This in time of insurrection, in the province of Laguna, P. I. , a place under the military government of the United States, on or about the night of May 29, 1900." Spec{tic(ition 4- — "In that Juan Corbite, native, having on the 25th day of April, 1900, voluntarily taken and subscribed to the oath of allegiance to the United States as follows, to wit: ' I solemnly swear that I will bear myself with truth, sincerity and loyalty toward the United States of America, and that I will serve them against all their enemies whomsoever, without evasion or reservation;' such oath of allegiance having been thoroughly explained to and understood by him, did violate said oath of allegiance by participating with an armed party of insurgents, said armed party being part of an organization eugaged in insurrection against the lawfully constituted authority of the United States, in an engagement against United States forces. This in time of insurrection, in the province of Laguna, Luzon, P. L, a place under the military government of the L'^nited States, on or about the 18th day of July, 1900." Specijieatloji 5. — "In that Juan Gorbite, native, having, in company with other armed natives, entered the house of Pedro Buenabentura, a peaceable native, did, by means of violence and putting in fear, forcibly and against his will, compel said Buenabentura to join the insurgent army, an organization engaged in insurrection against tiie lawfully constituted authority of the United States. This in time of insurrection, at or near Bolonae, a barrio of Magdalena, Province of Laguna, Luzon, P. L, a place under the militarv government of the United States, on or about the 23dday of May, 1900." Specification 6. — " In that Juan Corbite, native, having, in company with other armed natives, entered the house of Hermanchildo de Austria, a peaceable native, did, by means of violence and putting in fear, forcibly and against his will, compel the said Austria to join the insurgent army, an organization engaged in insurrection against the lawfully constituted authority of the United States. This in time of insurrection, in the Province of Laguna, Luzon, P. L, a place under the military government of the United States, in the month of May, 1900." Specification 7. — "In that Juan Corbite, a native, in company with other armed natives, did enter the house of Benecio Buenabentura, a peaceable native, and feloniously and forcibly bind the hands and carry away the person of the said Buenabentura, and, by means of violence and putting in fear, seek to compel the said Buenabentura to join the insurgent army, an organization engaged in insurrec- tion against the lawfully constituted authority of the United States. This in time of insurrection, in the Province of Laguna, Luzon, P. I., a place under the military government of the L'nited States, in the month of May, 1900." Pleas. — To the first specification, "not guilty;" to the second specification, "not guilty;" to the third specification, "not guilty;" to the fourth specification, "not guilty;" to the fifth specification, "not guilty;" to the sixth specification, "not guilty;" to the seventh specification, "not guilty." To the charge, "not guilty." Findings. — Of the first specification, "guilty;" of the second specification, "guilty;" of the third specification, "guilty;" of the fourth specification, "not guilty;" of the fifth siiecification, "guilty;" of the sixth specification, "guilty;" of the seventh specification, "not guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Juan Corbite, native, "To be haiiged by the neck until he be dead, two-thirds of the members of the commission concurring therein." In the foregoing case of Juan Corbite, native, it appears from the testimony of three officers of the army that the accused had been arrested at his own home and confessed that he was a "teniente" in the insurgent forces, but claimed he had deserted said forces and desired "to be a friend of the Americans," and thereupon had voluntarily offered to take the oath of allegiance to the LTnited States. This he was not permitted to do until, with painstaking care, the full meaning of said oath and the extreme penalty of death to which its violation would render him liable had been imparted to him in both the Spanish and Tagalog languages. A few days following his subscribing the oath the accused, taking advantage of the personal liberty accorded him, disap})eared and, as is conclusively shown by the testimony of several natives thereafter serving under him, returned to his company, and, in the execution of his office as "teniente" in the insurgent forces, reengaged in active warfare ?gainst the military forces of the United States. The sentence which was approved by the department commander on the 14th day of September, 1900, is confirmed, but is mitigated to confinement at hard labor for the period of ten (10) years, and, as thus mitigated, will be dulj' executed at the Presidio de ^lanila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Baery, Brigadier- General, U. S. Voluitteers, Chief of Staff. CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 65 Headquarters Division of the Philippines, Manila, P. I., November ^6, 1900. General Orders, No. 130. Before a militar}' commission which convened at Tuguegarao, province of Cagayan, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 43, Headquarters Depart- ment of Northern Luzon, June 6, 1900, and of which Col. William H. Beck, Forty- ninth Infantry, L^nited States Volunteers, was president, and Maj. Robert Gage, Forty-ninth Infantry, United States Volunteers, was judge-advocate, was arraigned and tried Capt. Tiburcio de los Reyes, of the Filipino insurgent army. Charge. — " Violation of the laws of war." Specification 1. — "In that Tiburcio de los Reyes of the insurgent army did, in time of insurrection, organize and command in the territory occupied by the army of the United States and under the military laws of the United States, armed squads of men not in the uniform of the Filipino insurgent, for the purpose of fighting, robbing, and plundering the citizens of the island of Luzon, P. I. This at, or near, Tuguegarao, Luzon, P. I., during the month of May, 1900." Specification 2. — "In that Capt. Tiburcio de los Reyes of the Filipino insurgent army did, in the time of insurrection, bear arms as a war rebel against the United States and in the territory occupied by the army of the United States, and did lead in attack against the town of Tuguegarao, P. I. This near Tuguegarao, Luzon, P. L, on or about May 20, 1900." Specification S. — "In that Capt. Tiburcio de los Rej'^es of the Filipino insurgent army did, in tin:ie of insurrection, cause to be written, dictate, and did sign in person, as adjutant to Col. T. Philipi, of the Filipino army, the following threatening and rebellious letter: ^^ '' To the Presidente of Tuguegarao, P. I. "'Dear Brother: I wish a conference with you, without loss of time, when we can explain and talk in good faith, like Filipinos and patriots. This is for the protection of your life and the lives of those around you, for you are already on the dead list. Do not be afraid. '.''(Signed) T. Philipi, " ' The Chief Commander. "'To Seilor Sebastian Tuyuan, '^^ Presidente of the town of Tuguegarao, Province of Cagayan, Luzon, P. J.' "This at, or near, Tuguegarao, Luzon, P. I., on or about May 21, 1900." Specification 4- — "In that Capt. Tiburcio de los Reyes of the Filipino insurgent army did, in the time of insurrection, cause to be written, dictate, and did sign in person, as the adjutant to Col. T. Philipi, of the Filipino insurgent army, the following threatening and rebellious letter: " ' To tJie Judge of the Court of the First Instance. " 'My Dear Friend: With the consideration that I worked for you in the past, I can not be ungrateful to you. For the sake of convenience and the service in the past, I would request that you have a conference with me to avoid the bad outcome of this irregularity of the town. You are to be firm, like a patriotic Filipino and one in goocl faith. '"(Signed) T. Philipi, ''^ The Colonel Commanding. " ' To N. Nepomucino, " ' The Judge of the Court of the First Instance of the Province of Cagayan, Isabella and X'ueva Viscaya.'' "This at, or near, Tuguegarao, Luzon, P. I., on or about May 21, 1900." Specification o, — "In that Capt. Tiburcio de los Reyes, of the Filipino insurgent army did, in the time of insurrection, cause to be written, dictate, and did sign in person, as adjutant to Colonel Philipi, of the Filipino insurgent army, the following threatening and rebellious letter: "'To tJie clerl- of the court of first instance. '"Sir: By the order of the master and honorable Presidente, I request of you a con- ference, without the loss of time, in regard to the rights of Filipinos Now be patriotic, for this to\An, from all rumors, is very ungrateful, and by so doing you will avoid any bad feeling. You must have strong heart and faith and that true love of patriotism. (Signed) "'T. Philipi, the Colonel Conimanding. " 'To Don Antonio Carag Isador, the Clerk of the Court of First Instance of the Province of Cagayan, Isabela and Nueva Viscaya.^ "This at, or near, Tuguegarao, Luzon, P. L, on or about May 21, 1900." Pleas. — To the first specification, "not guilty." To the second specification, "guilty, except the words, 'and did lead an attack against the town of Tuguegarao, S. Doc. 205, pt 2 5 66 CHARGES OF CRUELTY, ETC., TO FILIPINOS. P. I.' Of the excepted words, " not guilty. " To the third specification, "guilty." To the fourth specification, "guilty." To the fifth specification, "guilty." To "the charge, ' ' not guilty. ' ' Findings. — Of the first specification, "guilty, excepting the words, 'robbing and plundering the citizens of the island of Luzon, P. I.,' and substituting therefor, 'United States troops,' of the excepted words, not guilty, of the substituted words, guilty." Of the second specification, "guilty, excepting the word, 'lead,' substitut- ing therefor ' organize and cause to be made; ' of the excepted word not guilty, of the substituted words guilty." Of the third specification, "guilty." Of the fourth specification, ' ' guilty. ' ' Of the fifth specification, ' ' guilty. ' ' Of the charge, ' ' guilty. " And the commission does, therefore, sentence him, Capt. Tiburcio de los Eeyes, of the Filipino insurgent army, "To be confined at hard labor, at such place as the reviewing authority may designate, for fifteen years." In the foregoing case of Capt. Tiburcio de los Reyes, of the Filipino insurgent^ army, the accused pleaded guilty to writing the threatening letters set forth in the third, fourth, and fifth specifications, but it is not alleged nor is there evidence of record going to show that they were received by or the contents made known to the parties to whom they were addressed. Letters are attached to the proceedings, but they were not identified, read in evidence, nor in any manner referred to as a part of the accepted record in the case. Notwithstanding this msufficiency of allegation and the absence of the customary forms of procedure in making these threatening letters a part of the record, the fact stands out with unmistakable clearness that the accused was engaged in an effort to deter native officials from performing the duties of their ofiices and to break up and bring to naught such degree of peace, order, and good government as the United States had succeeded in establishing in these islands. With the exception that no evidence appears whether the armed squads of men were or were not in the "uniform of the Filipino insurgent," the evidence also conclusively shows that the accused exerted himself to recruit men for the insurgent cause and to organize armed resistance to the military forces of the United States in a district fully occupied by said forces and where the authority of the United States was in full force and effect. Persons who rise in arms against an occupying or conquering army and conspire against the authority established by the same within the occupied terrritory, are regarded by the laws of war as war-rebels, and if captured, may suffer death, " whether they rise singly, in small or large bands, and whether called upon to do so by their own, but expelled, government or not." The sentence, which was approved by the department commander on September 10, 1900, is confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Phillipines, Manila, P. I., November 27, 1900. General Orders, Xo. 131. Before a military commission which convened at San Isidro, province of Zambales, Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 110, Headquarters Depart- ment of Xorthern Luzon, August 15, 1900, and of which INIaj. William H. Bishop, Thirty-sixth Infantry, U. S. Voiunteers, was president, and Capt. Warren H. Ickis, Thirty-sixth Infantry, U. S. Volunteers, was judge-advocate, were arranged and tried: I. Bentura Barcena, Gabriel Espenosa, and Domingo Baloyot, natives. Charge I. — "Murder." Specification. —"In that Bentura Barcena, Gabriel Espenosa, and Domingo Baloyot, natives, and each of them, on or about April 25, 1900, at the barrio of iNlobalitte, pueblo of Dasol, province of Zambales, Luzon, P. I., in territory then, as now, occupied by Ignited States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, did, in company of, and consorting with, a band of armed outlaws, to the number of seven (7), more or less, willfully, feloniously, and with malice aforethought kill and murder Pedro Abilla, a native, by shooting him, the said Abilla, with rifies, held in the hands of said Bentura Barcena, Gabriel Espenosa, and Domingo Baloyot, inflicting wounds therewith, whereof he, the said Pedro Abilla, then and there died. This at the times and places above spec- ified." CHAEGES OE' CRUELTY, ETC., TO FILIPINOS. 67 Charge II.— '' Robbery." Specification. — "In that they, Bentura Barcena, (Tabriel Espenosa, and Domingo Baloyot, natives, and each of them, on or about April 25, 1900, then, as now, a time of insurrection, at or near the barrio of Mobahtte, pueblo of Dasol, province of Zam- bales, Luzon, P. I., in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, did, in company of, and consorting with, a band of armed native outlaws to the number of seven (7), more or less, feloniously and forcibly take from the presence of the owner or custodian thereof a quantit}^ of money, clothes, and other valuables (value unknown) the property of Pedro Abilla, native. This at the times and places above specified." Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, ' ' not guilty. ' ' Findings. — Of the specification, first charge, "guilty." Of the first charge, "guiltv." Of the specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence them, Bentura Barcena, Gabriel Espenosa, and Domingo Baloj'ot, natives, and each of them, ' to be hanged by the neck until they, and each of them, are dead, at such time and place as the reviewing authority may direct, two-thirds of the membrers concurring therein." II. Tomas Aquino, native. Charge L— "Murder." Specification. — " In that Tomas Aquino, native, on or about April 25, 1900, at the barrio of Mobalita, pueblo of Dasol, province of Zambales, Luzon, then, as now, occupied by United States troops, and at a time of insurrection against the lawful authority of the United States, did, in com23any of, and consorting with, a band of armed outlaws to the number of seven, more or less, feloniously and with malice aforethought kill and murder Pedro Abilla, a native, by shooting him, the said Abilla, with rifles held in the hands of said Tomas Aquino, and others of said band, inflicting wounds therewith whereof the said Abilla then and there died. This at the times and places specified." Charge II. — " Robbery." Specification. — "In that Tomas Aquino, native, on or about April 25, 1900, at the barrio of Mobalita, pueblo of Dasol, province of Zambales, Luzon, then, as now, occupied by United States troops, and at a time of insurrection against the lawful authority of the LTnited States, did, in company of, and consorting with, a band of armed outlaws to the number of seven, more or less, feloniously and forcibly take from the presence of Pedro Abilla, native, a quantity of money and clothing and other valuables, value unknown, the property of said Pedro Abilla, native. This at the time and place specified." Pleas. — To the specification, first charge, " not guilty." To the first charge "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except of the word 'the' in the line next above the concluding line of said specification, substituting therefor the word 'said,' and inserting after the word 'property' in said described line the words ' being in the possession,' of the excepted word not guilty, and of the substi- tuted and inserted words guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Tomas Aquino, native, " to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing cases of Bentura Barcena, Gabriel Espenosa, and Domingo Balo- yot, natives, who were jointly tried, and Tomas Aquino, native, two witnesses, sons of the deceased, testify that, while searching for a cow stolen from them by outlaws, they were, about midday in the forest near Dasol, seized by several men armed with rifles, among them these accused whom they well knew and recognized, who first tied their arms and beat them until one of tlie captives disclosed to them the place in his father's house where his savings of money were kept. Taking this witness with them and leaving the other tied to a tree, "the band, after nightfall, went to the house of the deceased, and taking him therefrom tied his arms behind his back and placing him beside his son, who was still likewise bound, a part of the band guarded them while the others secured the money — 63 pesos — and looted the house of articles of clothing and other valuables. While so engaged, members of the band made threats against their captives, repeatedly saying that it was their intention to kill them, and, being thus put in great bodily fear, the father and son 68 CHARGES OF CRUELTY, ETC., TO FILIPINOS. attempted to escape by running, when all the band joined in pursuit, and, firing upon theni, the (ieceased fell fatally wounded, and being overtaken by his murderous pur- suers his body was by them beaten with crushing blows upon the head and face until life was extinct. By good fortune the son reached the cover of the nearby forest and lived to relate the part tliese accused took in the unlawful acts which resulted in the taking of the life of an unoffending man, certain details of which, as the robbery, the firing of the guns, and the finding of the dead body, are so confirmed by other Avitnesses, who at the time were inmates of the house of the deceased, that there is left no reasonable doubt that these accused are each and all guilty of murder as charged. The sentences which were approved by the department commander on the 19th day of October, 1900, are confirmed and will be duly executed at the pueblo of Dasol, in the province of Zambales, Luzon, P. I., on the twenty-eighth (28th) day of December, A. D. 1900, under the direction of the commanding general, Depart- ment of Northern Luzon. By command of Major-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., December 1, 1900. General Orders, No. 133. Before a military commission which convened at Binalonan, province of Pangasi- nan, P. I. , pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, Thirteenth U. S. Infantry, was president, and First Lieut. Harvey W. Miller, Thirteenth U. S. Infantry, was judge-advocate, was arraigned and tried Moices Lomabao, a native. CharctE I. — ''Assault and battery with intent to do bodily harm." Specification. — "In that Moices Lomabao, in company of and consorting with armed outlaws to the number of ten, more or less, did, in time of insurrection, enter the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military operations, and did unlawfully seize and con- duct therefrom, with intent to do bodily harm, Eoman Docosin, Maximino Tabaldo, Severino Prado, INlaximo Sabarboro, and Dolores Dingli, natives, lawfully residing m said barrio. This at the place above specified at about 10 p. m., February 17, 1900." Charge II. — "Murder." Specification. — "In that Moices Lomabao, in company of and consorting with armed outlaws to the number of ten, more or less, did willfully, feloniously, and with malice aforethought murder and kill Roman Docosin, Maximino Tabaldo, Severino Prado, Maximo Sabarboro, and Dolores Dingli, by shooting them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with guns, and stabbing them, the said Doco- sin, Tabaldo, Prado, Sabarboro, and Dingli, with lances and bolos, held in the hands of the said Moices Lomabao and of the said outlaws, inflicting wounds therewith, whereof they, the said Docosin, Tabaldo, Prado, Sabarboro, and Dinjo^li, then and there died. This in time of insurrection, on or about February 17, 1900, at or near the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. L, a place then, as now, in the theater of military operations." Pleas. — To the si^ecification, first charge, "not guilty." To the first charge, " not guilty." To the specification, second charge, "not guiltv." To the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, excej^t the words 'and Dolores Dingli,' and the Words 'shooting them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with guns and,' and the words 'and Dingli,' wherever occurring, and of the excepted words, not guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence tlie accused, Moices Loma])ao, native, "to be hung by the neck until he is dead, at such time and place asthereviewingauthority may direct, two-thirds of the members concurring therein." In the foregoing case of JNIoices Lomabao, native, it appears from the evidence that an armed body of ladrones, about thirty in number, entered the barrio of Namipitan at night and taking four men and a woman by force and violence from their homes, disappeared with them; that, after search was made for the captives, the bodies of all but the woman were, three days later, found shockingly mutilated and decaying CHAEGES OF CRUELTY, ETC., TO FILIPINOS. ^9 in death. It further appears that the accused was active and cruel in taking captive these unoffending people, and that no motive other than robbery and a savage delight in taking life appears to explain this act of wholesale murder. The sentence which was approved by the department commander on September 29, 1900, is confirmed, and will be duly executed at the pueblo of Binalonan, prov- ince of Pangasinan, Luzon, P. I., on the 21st day of December, A. D. 1900, under the direction of the commanding general, Department of Xorthern Luzon. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Vohmteer><, Chief of Staf. Headquarters Division of the Philippines, Manila, P. I., Decembers, 1900. General Orders, Xo. 135. Before a military commission which convened at Tayabas, provmce of Tayabas, Luzon, P. I., j)ursuant to paragraph 2, Special Orders, Xo. 148, headquarters Depart- ment of Southern Luzon, September 8, 1900, and of which Capt. Harrison S. Kerrick, Thirtieth Infantry, U. S. Volunteers, was president, and First Lieut. John W. C. Abbott, Thirtieth Infantry, V. S. Volunteers, was judge-advocate, was arraigned and tried Victor Sabeseda, a native. Charge I. — "Burglary." Specification 1. — "In that Victor Sabeseda, a native Filipino, in company with others whose names are unknown, at the barrio of Lalo, pueblo of Tayabas, province of Tayabas, Luzon, * "^ * at a time then, as now, of insurrection, * * * did willfully, unlawfully, and feloniously, and in the nighttime, break and enter into the dwelling house of Enrique Rabida, a native, * * * and * * * did make an assault upon the said Enrique Eabida and tie him and scrape his shins with a bolo, and did unlaAvfuUy and feloniously take, steal, and carry away three pairs of panta- loons of the value of three pesos, four chickens of the value of two pesos, five skirts of the value of fifteen pesos, and eight women's camisas of the value of fifteen pesos, of the property of the said Enrique Rabida. This at the place above specified, about midnight, on or about the 12th day of July, 1900." Specification 2 . — "In that Victor Sabeseda, a native Filipino, in company with others whose names are unknown, at barrio of Lalo, pueblo of Tayaba.*^, * -^ * Luzon, ■* * * at a time then, as now, of insurrection, * * * did willfully, unlawfully, and feloniously, and in the nighttime break and enter into the dwelling house of Juan Rabida, a native, * * * and the said Victor Sabeseda being within said house did then and there make an assault upon the said Juan Rabida by cutting him with bolos and scraping his shins with bolos and by burning his legs, and the said Victor Sabeseda did then and there take, steal, and carry away eighty-seven centimos of the value of eighty-seven centimos, two pairs of trousers of the value of one peso, two men's camisas of the value of one peso, two women's camisas of the value of two pesos, two skirts of the value of two pesos, thirty-six plates of the value of six pesos and one ganta of salt of the value of medio peso, of the personal property of the said Juan Rabida. This at the place above specified, at about the hour of midnight, on or about the 25th day of March, 1900." Specification 3. — "In that Victor Sabeseda, a native Filipino, in company with others whose names are unknown, at the barrio of Lalo, pueblo of Tayabas, * * * Luzon, * * * at a time then, as now, of insurrection, * * * did unlawfully, willfully, and feloniously, in the nighttime, break and enter into the dwelling house of Eugenio Xano, a native, * * * and the said Victor Sabeseda, being then and there within said house, did assault, strike, beat, and w^ound Eugenio Xano, Valentin Quintoa, and Ciriaca Quintoa, and did rob and by force and violence take from said Eugenio Xano, Valentin Quintoa, and Ciriaca Quintoa five pesos, Mexican silver of the value of five pesos. This at the place above specified, at about 2 o'clock a. m., on or about the 14th day of July, 1900." Specification 4- — " In that Victor Sabeseda, a native Filipino, in company with others whose names are unknoAvn, at the barrio of Lalo, pueblo of Tayabas, * * * Luzon, * * * at a time then, as now, of insurrection, * * * (^id unlawfully, willfully, and feloniously, in the nighttime, break and enter into the dwelling house of Feliz Pascos, a native, * * * and said Victor Sabeseda, being then and there within said house, did assault, strike, beat, and bruise Feliz Paseos, and did burn Julia Arena with fire and did cut and burn ^Mariano Abolencia and Juan Abolencia, * * * being within said house, and the said Victor Sabeseda did rob and by force 70 CHARGES OF CRUELTY, ETC., TO FILIPINOS. and violence take from said Feliz Paseos and Julia Arena six centimos of the value of six centimos, and fourteen packages of cigarettes of the value of two pesetas, of the property of the said Feliz Paseos and Julia Arena. This at the place above specified, at about 4 o'clock a. ni., on or about the 14th day of June, 1900." Charge IL — "Assault with intent to kill." Specification. — "In that Victor Sabeseda, a native Filipino, in company with others whose names are unknown, at the barrio of Lalo, pueblo of Tayabas, province of Tayabas, Luzon, * * * at a time then, as now, of insurrection, * * * did unlawfully, willfully, feloniously, and maliciously make an assault upon Cirapion Jabin with the felonious intent * * * to kill and murder him, the said Cirapion Jabin, by shooting at the said Cirapion Jabin with a gun loaded with powder and ball then and there had and held by the said Victor Sabeseda in his hands. This at the place above specified, at about 8 o'clock p. m., on or about the 12th day of May, 1900. Charge III. — "Arson." Specification. — "In that Victor Sabeseda, a native Filipino, in company with others whose names are unknown, at the barrio of Lalo, pueblo of Tayabas, * * * Luzon, * * * at a time then, as now, of insurrection, * * * did unlawfully, willfully, and feloniously set fire to and burn the dwelling house of Prudencio Jaben, a native Filipino. This at the place above specified, at about 8 o'clock p. m., on or about the 12th day of May, 1900." Charge IV. — "Robbery." (Four specifications based upon the same state of facts found in specifications one, two, three, and four of the first charge.) Charge V. — "Assault with intent to do great bodily harm." (Four specifications based upon the same state of facts found in specifications one, two, three, and four of the first charge. ) Pleas. — To the first specification, first charge, "not guilty." To the second speci- fication, first charge, "not guilty." To the third specification, first charge, "not guilty." To the fourth specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." To the specification, third charge, "not guilty." To the third charge, "not guilty." To the fourth charge and its specifications, "not guilty." To the fifth charge and its specifications, "not guilty." Findings. — Of the first specification, first charge, "guilty." Of the second speci- fication, first charge, "guilty, except of the word 'bolo' and substituting therefor the words 'split pieces of cane with sharp edges,' of the excepted word not guilty, and of the substituted words guilty, and also except the words 'two pairs of trousers of the value of one peso ' and of said excepted words not guilty, and also except the words 'medio peso,' substituting therefor the words 'twenty-five cents Mex.' and of the excei)ted words not guilty, and of the substituted words guilty." Of the third specification, first charge, "guilty." Of the fourth specification, first charge, "guilty." Of the first charge, "gailty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Of the specification, third charge, "guilty." Of the third charge, "guilty." Of the first specification, fourth charge, "guilty, except the Avords 'two pairs of trousers of the value of one peso' and of said excepted words not guilty, and also except the words ' medio peso ' and substituting therefor the words 'twenty-five cents Mex.' and of the excepted words not guilty, and of the substituted words guilty." Of the second, third, and fourth specifications, fourth charge, and of the fom'th charge, "guilty." Of the first, second, third, and fourth specifications, fifth charge, and of the fifth charge, "guilty." Sentence. — And the commission does therefore sentence him, Victor Sabeseda, native, "to be confined at hard labor, at such place as the reviewing authority may direct, for seventeen years." In the foregoing case of Victor Sabeseda, native, it appears from the record that the accused was one of a band of armed prowlers who by force and violence entered the houses of poor and defenseless people and tortured them by tying strings and rags to their legs, then setting fire to said strings, burning their legs with lighted matches, scraping and wounding their shins and legs vdth sharp splinters or strips of wood until they were lacerated and bleeding, and by these cruelly ingenious methods extorted from their victims the disclosure of the hiding places of their small stores of money and valuables, robbing them of the same, and, in one instance, burning a house and shooting and wounding an inmate thereof. The sentence which was approved by the department commander on the 10th day of November, 1900, is confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. CHAEGES OF CBXTELTY, ETC., TO FILIPINOS. 71 Headquarters Division of the Philippines, Manila, P. I., December d, 1900. General Orders, No. 136. Before a military commission which convened at San Isidro, province of Zambales, Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 110, Headquarters Depart- ment of Northern Luzon, August 15, 1900, and of which Major "William H. Bishop, 36th Infantry, L^. S. Volunteers, was president, and Captain AVarren H. Ickis, 36th Infantry, V. S. Volunteers, was judge-advocate, were arraigned and tried: Marcelino Versosa, Narciso Garcia, Bentura Barcena, Gabriel Espenosa, and Estarvan Estrada, natives. Charc^e. — " Murder. ' ' Specification. — "In that they, Marcelino Versosa, Narciso Garcia, Bentura Barcena, Gabriel Espenosa and Estarvan Estrada, natives, and each of them, on or about April 10, 1900, then, as now, a time of insurrection, at or near sitio Balangbang, of Dasol, province of Zambales, Luzon, P. I., a place then, as now, in the theater of active military operations, in company of, and consorting with, a band of armed outlaws to the number of ten (10), more or less, commanded and led by the said Versosa, did willfully, feloniously, and with malice aforethought kill and murder one Tito Balisilisa, a native, by shooting him, the said Balisilia, with guns, and stabbing him, the said Balisilisa, with bolos, held in the hands of the said Versosa, Garcia, Estrada, Barcena, Espenosa and others, members of said band, names unknown, inflicting wounds therewith, whereof he, said Balisilisa, then and there died." "This at the time and place above specified." Pleas. — To the specification, "not guilty." To the charge, "not guilty." Findings. — Of the specification, "guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence them, ]\Iarcelino Versosa, Narciso Garcia, Bentura Barcena, Gabriel Espenosa and Estarvan Estrada, natives, and each of them, "to be hanged by the neck until they, and each of them, are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Marcelino Versosa, Narciso Garcia, Bentura Barcena, Gabriel Espenosa, and Estarvan Estrada, natives, who were jointly tried, it appears from the evidence that the deceased had been banished by the Spanish Government to the Caroline Islands; that by permission of the American authorities he returned in February, 1900, to his home in Uli and Avas, at the time of his death, making pre- parations for changing his place of residence to Dasol, which was occupied by Ameri- can troops. His apparent friendly relations with the American authorities appears to have given offense to these accused, who came together at night under the active leadership of Marcelino Versosa, and they, with five or six other men, armed with bolos and carrying among them a rifle and a pistol, proceeded to surround the house where the deceased was staying for the night, and threatening to burn the house, compelled him by force and fear to come out; when the deceased, attempting to escape by running, these accused followed, shot him down and inflicted upon his prostrate body fifteen or more bolo wounds, from which he immediately expired. The leading part taken by Marcelino Versosa, and the willing and active assistance of Bentura Barcena and Gabriel Espenosa, in this murder are convincingly set forth in the evidence. The sentences in the cases of Bentura Barcena, and Gabriel Espenosa are confirmed, but as these accused are under sentence of death for another murder, further action upon their sentences herein is indefinitely suspended. In the case of Marcelino Versosa and Estarvan Estrada, testimonials of good con- duct submitted by an officer of the army appear of record, showing that both these accused voluntarily surrendered to the military authorities, and" that the former influenced others to surrender with their arms. These facts move the final review- ing authority, in confirming their sentences, which were approved by the depart- ment commander on October 15, 1900, to mitigate each of the same to imprisonment at hard labor for the term of twenty (20) years. As thus mitigated, the sentences will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. In the case of Narciso Garcia, the evidence is too weak and inconclusive to connect the accused with this crime, and the findings and sentence in the case of this accused are therefore disapproved. By command of Major-Genera 1 Mc Arthur: Thomas H. Barry, Brigadier- General, V. S. Volunteers, Chief of Stqf. 72 CHAKGES OF CRUELTY, ETC., TO EILIPIIs^OS. Headquarters Division of the Philippines, Manila, P. I., December 6, 1900. General Orders, No. 137. Before a military commission which convened at Lingaj'en, Province of Pangasinan, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 110, Headquarters Depart- ment of Northern Luzon, August 15, 1900, and of which Major William H. Bishop, 36th Infantry, Tj . S. Volunteers, was president, and Capt. Warren H. Ickis, Thirty- sixth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Marciliano Vergara, a native. Ch ARCiE. — ' ' Murder. ' ' Specification. — " In that INIarciliano Vergara, on or about the 5th day of December, 1899, a time of insurrection, at or near the barrio of ^Nlapandel, pueblo of ]Manga- tarem, Province of Pangasinan, a place within the theater of active military opera- tions, in company of, and consorting with, Matias Alipio, Alejandro Bueno, Hipolito Bueno, Mateo Roberto, Mariano Roberto, did willfully, feloniously, and with malice aforethought kill and murder two American soldiers, names unknown, then and there held as prisoners in the custody of Estevan Sison, by stabbing and cutting the said two American prisoners, names unknown, with weapons commonly known as bolos, held in the hands of the said Matias Alipio, Alejandro Bueno, Hipolito Bueno, Mateo Roberto, Mariano Roberto, and each of them, inflicting wounds whereof the said two American j^risoners, names unknown, and each of them, then and there died ; the said Marciliano Vergara being then and there present at the murder. This at the times and places above specifiecl." Pleas. — To the specification, "not guilty." To the charge, "not guilty." FindinctS. — Of the specification, "guilty, except the words 'Estevan Sison,' substi- tuting therefor the words ' said Marciliano Vergara,' of the excepted Avords not guilty, and of the substituted words guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Marciliano Vergara, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of ]Marciliano Vergara, native, it appears from the evidence that upon the approach of the American forces to Mangatarem, two Americans who were held as prisoners in that pueblo were committed to the care of the accused, apparently to be kept concealed in a neighboring barrio. It also appears that a semimilitary organization or militia had been organized by enrolling the "tribu- tantes" of the cabeza of this barrio, the cabeza regarding them as his soldiers but holding himself subject to the military authorities, represented in this instance by the accused, who was styled "major" and had authority to call these enrolled men together. The accused and his semi-soldiers wore no uniform, continued in their peaceful occupations, and came together only upon special call. In this manner it is evident that they had no special difficulty in concealing their identification as banded men; but it is plain from the evidence, the accused found his jorisoners a great embarrassment, as the near presence of the American forces threatened to make it impracticable for him to successfully conceal them and at the same time keep con- cealed his own status of guerrilla. Hence his resolution to murder his prisoners. Five of his followers agree in their testimony that, in obedience to the orders of the accused, they came together at an appointed place and, with bolos in their hands, hacked to death these two men, the accused standing by to witness the execution of his orders. Covering the dead bodies with grass, the band then dispersed, each man going his own way. To this mass of evidence, which is complete and convincing, the accused, beyond his bare word of denial, made no defense. The sentence, which was approved by the department commander on September 24, 1900, is confirmed, and Avill be executed on the 28th day of December, A. D. 1900, at the pueblo of Mangatarem, province of Pangasinan, Luzon, P. I., under the direction of the commanding general, Department of Northern Luzon. By command of Major-General MacArthur: Thomas H. Barrv, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., December 10, 1900. General Orders, No. 139. Before a military commission which convened at Binalonan, province of Pangasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters Depart- CHARGES OF CRUELTY, ETC., TO FILIPINOS. 73 ment of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, 13th U. S. Infantry, was president, and First Lieut. Harvey W. Miller, 13th U. S. Infantry, was judge-advocate, were arraigned and tried: FeUciano LomaT)ao and Siinphcio Ohejo, natives. Charge L — "Assault and battery with intent to do bodily harm." Specification. — "In that they, Feliciano Lomabao and Simplicio Obejo, in company of, and consorting with, armed outlaws to the number of ten, more or less, did, in time of insurrection, enter the barrio of Xamipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military operations, and did unlawfully seize and conduct therefrom, with intent to do bodily harm, Roman Docosin, ^Nlaximino Tabaldo, Severino Prado, Maximo Sabarboro, and Dolores Dingli, natives, lawfullv residing in said barrio. This at the place above specified at about 10 p. m., Februarv 17, 1900." Charge II.— "Murder." . . .' Specificalion. — "In that they, Feliciano Lomabao and Simplicio Obejo, natives, in company of, and consorting with, armed outlaws to the number often, more or less, did willfully, feloniously, and with malice aforethought murder and kill Roman Docosin, Maximino Tabaldo, Severino Prado, Maximo Sabarboro, and Dolores Dingli by shooting them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with guns and stabbing them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with lances and bolos held in the hands of the said Feliciano Lomabao and Simplicio Obejo and of the said outlaws, inflicting wounds therewith whereof they, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli then and there died. This in the time of insurrection, on or about February 17, 1900, at or near the barrio of Xami- pitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military operations." Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "notguiltv." To the second charge, "not guilty." Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the words 'by shoot- ing them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli with guns,' and the words 'and Dingli;' and the words 'and Dingli;' of the excepted words not guilty." Of the second charge, "guilty." Sentence. — And the Commission does therefore sentence them, Feliciano Lomabao and Simplicio Obejo, natives, and each of them, " To be hung by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case Feliciano Lomabao and Simplicio Obejo, natives, it aj^pears from the evidence that an armed body of ladrones, about thirty in number, entered the barrio of Xamipitan at night, and, taking four men and a woman by force and \-iolence from their homes, disappeard with them; that after search was made for the captives the bodies of all but the woman were, three days later, found shockingly mutilated and decaying in death. It further appears that these accused were active and cruel in taking captive these unoffending people and that no motive, other than robbery and a savage delight in taking life, appears to explain this act of wholesale murder. The sentences which were approved by the department commander on the 25th day of November, 1900, are confirmed and will be executed at the pueblo of Bina- lonan, province of Pangasinan, Luzon, P. I., on the twenty-first day of Decem- ber, A. D. 1900, under the direction of the commanding general. Department of Northern Luzon. II. Hermogenez Lorian and Tomas Caliboso, natives. Charge L — "Disturbing the peace." Specification. — "In that they, Tomas Caliboso and Hermogenez Lorian, natives, and each of them, in company of, and consorting with, a band of outlaws, armed with bolos and lances, seventy more or less in number, did enter the barrio of Cocald- iten, pueblo of Asingan, province of Pangasinan, Luzon, P. I., and did disturb the peace of the province by making an unlawful assault upon said barrio, put- ting peaceful and law-abiding citizens in fear of their lives. This at the place above specified, being then, as now, under the military authority of the United States, on or about the 12th day of November, 1899, a time then, as now, of insurrection against the United States Government." Charge II. — "Assault and battery." Specification — "In that they, Tomas Caliboso and Hermogenez Lorian, natives, and each of them, in company of, and consorting with, a band of outlaws, armed with bolos and lances, seventy more or less in number, did make an unlawful assault 74 CHARGES OF CRUELTY, ETC., TO FILIPINOS. upon Cirapion Altre, Augustine Opina, Gregorio Rivera, Leonardo Victorio and Gervacio Ani'heta, and did then and there unlawfully, forcibly and feloniously seize and bind, against their will and did then and there beat, bruise and cut the said Altre, Rivera, Opina, Victorio, and Ancheta with the intent to do them serious bodily harm. This on or about the 12th day of November, 1899, a time then, as now, of insurrection against the United States Government, at or near the barrio of Cocalditen, pueblo of Asingan, Luzon, P. I., a place then, as now, in territory mider the military government of the United States." Chakge III. — "Forcible abduction." Spedfication. — "In that they, Tomas Caliboso and Hermogenez Lorian, natives, and each of them, in company of, and consorting with, a band of outlaws, armed with bolos and lances, seventy more or less in number, did feloniously and forcibly seize and carry away, against their will, the following persons, to wit: Gregorio Rivera, Leonardo Victorio, Augustine Opina, and Gervacio Ancheta and do continue to milawfully hold the said Rivera, Victorio, Opina, and Ancheta in captivity. This on or about the 12th day of November, 1899, a time then, as now, of insurrection against the United States Government, at or near the barrio of Cocalditen, province of Pangasinan, Luzon, P. L, a place then, as now, under the military authority of the United States and in territory occupied by the United States troops." Ch AEGE IV. — ' 'Murder. ' ' Specification. — "In that th^y, Tomas Caliboso and Hermogenez Lorian, natives, and each of them, in company of, and consorting with, a band of outlaws, armed with bolos and lances, seventy more or less in number, did willfully, feloniously, and with malice aforethought kill ana murder Cirapion Altre, native, by cutting and stabbing him, the said Altre, with bolos and lances held in the hands of the said Caliboso and Lorian and in the hands of said outlaws and of each of them, inflicting wounds therewith, whereof he, the said Altre, then and there died. This on or about the 12th day of November, 1899, a time then, as now, of insurrection against the United States, at or near the barrio of Cocalditen, pueblo of Asingan, Luzon, P. L, a place then, as now, under the military authority of the United States and in territory occupied by U. S. troops." Pleas — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." To the specification, third charge, "not guilty." To the third charge, "not guilty." To the specification, fourth charge, "not guilty." To the fourth charge, "not guilty." Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Of the specification, third charge, "guilty." Of the third charge, " guilt V." Of the specification, fourth charge, "guiltv." Of the fourth charge, "guilty." Sentence. — And the commission does therefore sentence the accused, Hermogenez Lorian, native, "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." And the commission does therefore sentence the accused Tomas Caliboso, native, "To be confined at hard labor, at such place as the reviewmg authority may direct, for the period of twenty years." In the foregoing case of Hermogenez Lorian and Tomas Caliboso, natives, it appears from the evidence that one Cirapion Altre, presidente of the pueblo of Asingan, and a small party of men, women, and children had, through fear of the approach of American troops, fled from Asingan to the barrio of Cocalditen, and, while there, in hiding in a deserted house, were set upon in the nighttime by a band of armed outlaws, which had long infested the locality; that said outlaws seized the said Altre and four other men, bound them, and, with blows and w"Ounds of bolos and threats of death, drove them forth and so far fulfilled their threats that these men have never since been seen among the living, and have been dead to their families and friends. One of the refugee party, who escaped on the approach of the outlaws, testified that, from his near-by place of concealment, he witnessed these accused take part, with bolos and daggers in their hands, in striking to the ground Cirapion Altre, and that they and others thereafter inflicted many cutting and stabbing wounds upon his prostrate body, which long lay motionless after his murderers had left him for dead, and until, with the coming of morning, the witness fled in terror from the place. The testimony of this witness is supported in part by that of other witnesses, who were present when the band assailed the refugee party, recognized the accused among them, heard their threats of death and saw them beat, and, with bolos, wound the persons of the men they carried away. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 75 The sentences, which were approved by the department commander on October 19, 1900, are contirmed; but, m the case of Hermogenez Lorian, the sentence is mit- igated to confinement at hard labor for the period of his natural life; as mitigated, his sentence and that of Tomas Caliboso vrill be duly executed at the Presidio de Manila, to which place the prisoners A^'ill be sent under proper guard. By command of Major-General MacArthur. Thomas H. Baery, Brigadier-General, U.S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, December 10, 1900. General Orders, Xo. 140. Before a military commission which convened at Tayabas, Province of Tayabas, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 148, Headquarters Depart- ment of Southern Luzon, September 8, 1900, and of which Capt. Harrison S. Kerrick, 30th Infantry, V . S. Volunteers, was president, and First Lieut. John W. C. Abbott, 30th Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried Fran- cisco Ygamino, Ricardo Ygamino, and Miguel Abellanosa, natives. Charge I. — "Rape." Specification 1. — "In that Francisco Ygamino, Ricardo Ygamino, and Miguel Abella- nosa, native Filipinos, and each of them, in company with others whose names are unknown, at the barrio of Hibanga, pueblo of Tayabas, Province of Tayabas, Luzon, in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the L^nited States, did unlawfully and feloniously have carnal knowledge of and ravish one Susana de Torres, a native Fili]3ino woman of about the age of 18 years, by means of force and agamst her will. "This at the place above specified at about 2 o'clock a. m. on or about the 10th day of July, 1900." Specification 2. — "In that Francisco Y'gamino, Ricardo Ygamino, and Miguel Abella- nosa, native Filipinos, and each of them, in company with others whose names are unknown, at the barrio of Hibanga, pueblo of Tayabas, Province of Tayabas, Luzon, in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, did unlawfully and feloniously have carnal knowledge of and ravish one Arcadia Rabina, a native Filipino woman of about the age of 17 years, by means of force and against her will. "This at the place above specified at about 2 o'clock a. m. on or about the 10th day of July, 1900." Charge II. — "Burglary." Specification 1. — "In that Francisco Ygamino, Ricardo Ygamino, and Miguel Abella- nosa, native Filipinos, and each of them, in company with others whose names are unknown, at the barrio of Hibanga, pueblo of Tayabas, Provmce of Tayabas, Luzon, in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the Laiited States, did willfully, unlawfully, and feloniously, in the nighttime, break and enter into the house of Feliz Daelo, a native Filipino, with the felonious intent to take, steal, and carry away goods, chattels, and personal property from within said house, and to have carnal knowledge of, and to carnally know and ravish, the women who might be within said house forcibly and against their will. And the said Francisco Ygamino, Ricardo Ygamino, and ]\Iiguel Abellanosa did take, steal, and carry away from within said house thirty pesos Mexican silver of the value of thirty pesos, of the property of the said Feliz Daelo. "This at the place above specified at about 2 o'clock a. m. on or about the 10th day of July, 1900." Charge HI.—' ' Robbery. ' ' Specificatio)} 1. — "In that Francisco Ygamino, Ricardo Ygamino, and ^liguel Abella- nosa, native Filipinos, and each of them, in company with others whose names are unknown, at the barrio of Hibanga, pueblo of Tayabas, Province of Tayabas, Luzon, in territory then, as now, occupied by Ignited States troops, and at a time then, as now, of insurrection against the lawful authority of the L'nited States, did unlawfully and feloniously make an assault upon one Juan Daelo, a native Filipino, and by means of force and violence did rob and take from his person property belonging to him, to wit: 62 centimos of money of the value of 62 centimos and 1 camisa of the value of 1 peso, and did at the same time strike, beat, bruise, and wound the said 76 CHARGES OF CEUELTY, ETC, TO FILIPINOS. Juan Daelo, by beating him with guns and bolos and by tying him and hanging him and choking him with a rope. This at the place above specified at about 2 o'clock a. m. on or about the 10th day of July, 1900." Specification 2. — "In that Francisco Ygamino, Ricardo Ygamino, and Miguel Abel- lanosa, native Filipinos, and each of them, in company with others whose names are unknown, at the barrio of Hibanga, pueblo of Tayabas, province of Tayabas, Luzon, in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, did unlaw- fully and feloniously make an assault upon one Feliz Daelo, a native Filipino, and by means of force and violence did rob and take from his person property belonging to him, to wit, 30 pesos Mexican silver of the value of 30 pesos, and did at the same time strike, beat, bruise, and wound the said Feliz Daelo by beating him with guns atid bolos, and by tying, hanging, and choking him with a rope. This at the place above specified at about 2 o'clock a. m. on or about the 10th day of July, 1900." Specification 3. — "In that Francisco Ygamino, Ricardo Ygamino, and Miguel Abel- lanosa, native Filipinos, and each of them, in company with others whose names are unknown, at the barrio of Hibanga, pueblo of Tayabas, province of Tayabas, Luzon, in territory then, as now, occupied by LTnited States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, did unlaw- fully and feloniously make an assault upon one Modesto Abas, a native Filipino, and by means of force and violence did rob and take from his person property belonging to him, to wit, 2\ pesos Mexican silver of the value of 2J pesos, and did at the same time strike, beat, bruise, and wound the said Modesto Abas, by beating him with guns and by tying, hanging, and choking him with a rope. This at the place above specified at about 2 o'clock a. m. on or about the 10th day of July, 1900." Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- cation, first charge, "not guilty;" to the first charge, "not guilty;" to the specifica- tion, second charge, "not guilty;" to the second charge, "not guilty;" to the first specification, third charge, "not guilty;" to the second specification, third charge, "not guilty;" to the third specification, third charge, "not guilty;" to the third charge, "not guilty." Findings. — Of the first specification, first charge, " Francisco Ygamino and Ricardo Ygamino, and each of them, not guilty, and Miguel Abellanosa, guilty." Of the second specification, first charge, "Francisco Ygamino and Ricardo Ygamino and Miguel Abellanosa, and each of them, not guilty." Of the first charge, "Francisco Ygamino and Ricardo Ygamino, and each of them, not guilty, and Miguel Abella- nosa, guilty." Of the specification, second charge, "guilty, except of the words * and to have carnal knowledge of and to carnally know and ravish the women who might be within said house forcibly and against their will ' as applied to Francisco Ygamino and Ricardo Ygamino, and of said words the said two defendants not guilty. 4.nd also except the words '30 pesos Mexican silver of the value of 30 pesos,' sub- stituting therefor the words ' 20 pesos Mexican silver of the value of 20 pesos,' and of the excepted words not guilty, and of the substituted words guilty." Of the second charge, "guilty." Of the first specification, third charge, " guilty, except of the words ' 1 peso, ' substituting therefor the words ' 62 centimos, ' of the excepted words not guilty, and of the substituted words guilty ; and also except the words ' and hanging him and choking him,' and of these excepted words not guilty." Of the second specification, third charge, "guilty, except the words ' hanging and choking,' and of the excepted words not guilty." Of the third specification, third charge, "guilty, except the words 'hanging and choking,' and of the excepted words not guilty." Of the third charge, "guilty." Sentence. — And the commission does therefore sentence them as follows: The said Francisco Ygamino and Ricardo Ygamino, and each of them, "To be confined at hard labor, at such place as the reviewing authority may direct, for the period of six years;" and the said Miguel Abellanosa, "To be confined at hard labor, at such place as the reviewing authority may direct, for the period of twenty years." In the foregoing case of Francisco Ygamino, Ricardo Ygamino, and Miguel Abel- lanosa, natives, who were jointly tried, the evidence conclusively shows that a band of about 20 outlaws, armed with guns and bolos, did by force and violence gain entrance to the house of one Feliz Daelo, as charged, rob the inmates of money and valuables, and that these accused were there present and participated in these acts of burglary and robbery; and that, of the accused, the said Miguel Abellanosa did have carnal knowledge of one of the women inmates of said house with brutal vio- lence and against her will. The sentences in the case of Francisco Ygamino and Ricardo Ygamino are being executed under the orders of the department commander. ' The sentence in the case of Miguel Abellanosa, which was approved by the depart- CHARGES OF CRUELTY, ETC., TO FILIPINOS. 77 inent commander on November 6, 1900, is confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U.S. Vohinteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I. , December 13, 1900. General Orders, No. 142. Before a military commission which convened at Tayabas, Province of Tayabas, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 148, Headquarters Depart- ment of Southern Luzon, September 8, 1900, and of Avhich Captain Harrison S. Ker- rick, 30th Infantry, LT. S. Volunteers, was president, and 1st Lieutenant John W. C. Abbott, 30th Infantry, U. S. Vols., was judge-advocate, were arraigned and tried Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, natives. Charge I. — " Murder." Specification 1. — " In that Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, native Filipinos, and each of them, at the pueblo of Unisan, province of Tayabas, Luzon, in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought, kill and mur- der Gabriel Castillo, a native Filipino, by beating the said Gabriel Castillo with clubs, and by cutting and striking said Gabriel Castillo with bolos, then and there had and held by the said Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, in their hands, thereby inflicting wounds of which the said Gabriel Castillo then and there died. This at the place above specified, about 8 o'clock p. m., on or about June 7, 1900." Specification 2. — " In that Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, native Filipinos, and each of them, at the pueblo of Uni- san, province of Tayabas, Luzon, in territory then, as now, occupied by United States troops, and at a time, then, as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought, kill and murder Feliciano Maxino, a native Filipino, by beating the said Feliciano Max- ino with clubs, and by cutting and striking said Feliciano Maxino with bolos, then and there had and held by said Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, in their hands, thereby inflicting wounds of which said Feliciano Maxino then and there died. This at the place above specified, about 9 o'clock p. m., on or about June 7, 1900." • Specification 3. — "In that Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, native Filipinos, and each of them, at the barrio of Santol, pueblo of Unisan, province of Tayabas, Luzon, in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the law- ful authority of the L^nited States, did willfully, feloniously, and with malice afore- thought, kill and murder Jermana del Castillo (wife of Antonio Maxino), Flotilde Maxino, Antonio Maxino (junior), Manuel Maxino, and Cecilio Maxino, all native Filipinos, by beating the said Jermana del Castillo, Flotilde Maxino, Antonio Maxino, Manuel Maxino, and Cecilio Maxino with clubs, and by cutting and striking said Jermana del Castillo, Flotilde Maxino, Antonio Maxino, Manuel Maxino, and Cecilio Maxino with bolos, the]i and there had and held by said Eliseo Adulta, Pedro Mer- cadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal in their hands, thereby inflicting wounds of which the said Jermana del Castillo, Flotilde Maxino, Manuel Maxino, and Cecilio Maxino, and each of them, then and there died. This at the place above specified, about 10 o'clock a. m., on or about June 10, 1900." Pleas. — To the first specification, "not guilty;" to the second specification, "not guilty;" to the third specification, "not guilty;" to the charge, "not guilty." Findings. — Of the first specification, ' * guilty ; " of the second specification, ' ' guilty ; ' ' of the third specification, "guilty, except of the words '10 o'clock a. m.,' substitut- ing therefor the words '2 o'clock p. m.;' of the excepted words, not guilty, and of the substituted words, guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, native Filipinos, and each of them, "to be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring in this sentence." 78 CHARGES OF CRUELTY, ETC., TO FILIPINOS. In the foregoing case of Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and ]\Iiguel Cantal, natives, who were jointly tried, it appears from the record that a band of outlaws entered the pueblo of Unisan and with bolos proceeded to murder Gabriel Castillo, the father-in-law, and Feliciano Maxino, a nephew, of Antonio ]\Iaxino, and to kidnap his family, consisting of his wife, daughter of 14 years, and three sons, one aged 11 and one 4 years and an infant aged 5 months; that they robbed his house of all the money and valuables they could find; that a few days later, in a secluded spot in the forest, the mother and helpless children w^ere murdered with clubs, with which the accused and other members of the band beat out their brains; that the mother was then buried in a shallow trench, and the bodies of the children were folded up and forced into two other small, shallow^ holes, and all loosely covered with earth, wood, and leaves. It is clearly revealed by the evidence that while Antonio Maxino was absent, a prisoner in the hands of the American troops, and his home, as a consequence, left without his protection, this band of assassins practically exterminated his family, not sparing the unoffending wife, innocent maid, nor helpless infant. All the accused save Eliseo Adulta admit their participation in this crime, but claim either that they did not deliver any fatal blows upon their victims or were present with the band from compulsion. But the evidence of many witnesses proves beyond a reasonable doubt that they were willing and principal actors in these mur- ders, and all agree that, of the accused, Eliseo Adulta planned and was present and directed the horrible details of their execution. In the cases of Pedro Mercadejos and Miguel Cantal, death intervened on the 21st day of November, 1900. The sentences, which were approved by the department commander on November 5, 1900, are confirmed, and in the cases of Eliseo Adulta, Fausto Avellado, and Jose Ropa will be duly executed at the pueblo of Tayabas, province of Tayabas, Luzon, P. L, on the twenty-eighth (28th) day of December, A. D. 1900, under the direction of the commanding general. Department of Southern Luzon. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, General Orders, No. 143. Manila, P. I., December 13, 1900. Before a military commission which convened at Iba, province of Zambales, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 143, Headquarters Department of Northern Luzon, September 23, 1900, and of which Captain Harry A. Leonhaeu- ser, 25th U. S. Infantry, was president, and 2d Lieutenant Harol D. Coburn, 25th U. S. Infantry, was judge-advocate, was arraigned and tried Francisco Frani (alias Quicoy Frani), native. Charge. — ' ' Murder. ' ' Specification 1. — "In that Francisco Frani (alias Quicoy Frani), a native and leader of an armed band of natives, did willfully, feloniously and with malice aforethought, kill and murder Sotero Mari, Andrea Mari (a woman), and Ramon Misola, by stab- bing them with bolos held in the hands of a member or members of said band, inflicting wounds therewith w^hereof the said Sotero Mari, Andrea Mari, and Ramon Misola then and there died. This at or near Muli, ' sitio ' of Infanta, Zambales Province, P. I., a place then, as now, under the military government of the L^nited States, on or about April 18, 1900, then, as now, a time of insurrection against the lawful authority of the United States." Specification 2. — "In that Francisco Frani (alias Quicoy Frani), a native and leader of a band of natives, did willfully and feloniously and with malice aforethought kill and murder Augustin Medina, a native, and one Badel, a Spaniard, by stabbing them with bolos held in the hands of members of said band, inflicting wounds therewith, whereof the said Medina and Badel then and there died. This at or near Binaba- lian, a barrio of Candelaria, Zambales Province, P. I., a place then, as now, under the military government of the United States, on or about February 4, 1900, then, as now, a time of insurrection against the lawful authority of the United States." Pleas. — To the first specification, not guilty; to the second specification, not guilty; to the charsje, not guilty. Findings. — Of the first specification, not guilty; of the second specification, guilty; of the charge, guilty. Sentence. — And the commission does, therefore, sentence him, Francisco Frani (alias Quicoy Frani), "To be hanged by the neck until he is dead, at such time and CHARGES OF CRUELTY, ETC., TO FILIPINOS. 79 place as the reviewing authority may direct, two-thirds of the members of the com- mission concurring therein." In the foregoing case of Francisco Frani (aUas Quicoy Frani) , native, many wit- nesses testify that the accused gave the order to kill two peaceful men, and, in pur- suance of his said order, these men were killed and buried. Before the commission trying him the accused admitted that he did cause the death of these men and among other things said: "The killing of the two prisoners, Medina and Badel, was done pursuant to a general order from General San Miguel. This order was to the effect that those prisoners who had committed acts against the Filipino Republic should be killed. * * * I was simply carrying out the orders of my superior officer. General San Miguel. I had no discretion whatever. If I had not carried out these orders, I should have been killed myself. ' ' The accused could not, however, produce written orders from his superiors to do this murder, nor was he able, although he made the attempt, to support his state- ments by the testimony of others. Whether or not the accused murdered these men in obedience to orders from his superior or upon his own unprompted will is not, however, material. It is a principle of law, long recognized by all civilized and peace- loving people, that no man shall deliberately kill another who is a prisoner, as were the deceased at the time they were murdered, unless such killing be done under an "imperative dutj' prescribed by law," such as the execution of one found guilty of a capital crime by a court of competent criminal jurisdiction and sentenced to suffer death by execution. In this instance the deceased, who appear to have been peace- abiding men, were first unlawfully deprived of their liberty, and withour the sanc- tion of either the laws of war or of peace, and while bound and helpless, were deliberately put to death. The defense of the accused that, unless he had killed these men, his superiors in authority over him would have taken his life, is, in the first place, not borne out by the evidence, and, in the second place, is not good in law which does not suffer that one man, through fear of a remote danger to his own life, shall obey the unlawful commands of another to kill peaceful and law-abiding men. The sentence which was approved by the department commander on Xovember 26, 1900, is confirmed, and will be duly executed at the pueblo of Dasol, province of Zam- bales, Luzon, P. I., on the 28th day of December, A. D. 1900, under the direction of the commanding general. Department of Northern Luzon. By command of 3Iajor-General MacArthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, December 22, 1900. General Orders, No. 147. Before a military commission which convened at Gerona, Province of Tarlac, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 193, headquarters Depart- ment of Northern Luzon, November 9, 1900, and of which ]Major Henry C. Ward, 12th U. S. Infantry, was president, and 1st Lieutenant George H. Shields, jr., 12th L"". S. Infantry, v\as judge-advocate, were arraigned and tried: Doroteo Noul, Ciriaso Francisco, Hilario Francisco, Hilario Cariaga, Marcos Millo, Juan Ramen, Basilio Sapin, Fernando Mellado, Cornileo Sales, Manuel Paray, ^Mariano Taboctaboc, Feli- ciano Domingo, Lucas Obligado, and Felipe Guimba, natives. Charge. — " Raiding, in violation of the laws and usages of war." Specifica- tion. — "In that Doroteo Noul, Ciriaso Francisco, Hilario Francisco, Hilario Cariaga, Marcos ^Nlillo, Juan Ramen, Basilio Sapin, Fernando Mellado, Cornileo Sales, Manuel Paray, Mariano Taboctaboc, Feliciano Domingo, Lucas Obligado, and Filipe Guimba, natives, and each of them, in territory occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, without being part or portion of any organized hostile army, and without sharing continuously in the insurrection, but living habitually at their homes, following peaceful avocations without the character or appearance of soldiers, did constitute themselves a band of armed prowlers, armed with bolos, and did tear up the rail- road track, a public highway over which United States troops, supplies, and mails are and were habitually transported, and did cut the telegraph wires in habitual use by the United States military authorities for the transaction of public business." "This in the night time, on or about October 14, 1900, at or near the barrio of 80 CHARGES OF CRUELTY, ETC., TO FILIPII^OS. Caburag, between or near the 134th and 135th kilometer posts on the Manila and Dagupan Railway, Island of Lnzon, Philippine Islands." Pleas. — To the specification, "gnilty." To the charge, "gnilty." Findings. — Of the specification, "guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence them," Doroteo Noul, Ciriaso Francisco, Hilario Francisco, Hilario Cariaga, Marcos Millo, Juan Ramen, Basilio Sapin, Fernando Mellado, Cornileo Sales, Manuel Paray, Mariano Taboctaboc, Feliciano Domingo, Lucas Obligado, and Felipe Guimba, natives, and each and every one of them, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring." In the foregoing cases of Doroteo Noul, Ciriaso Francisco, Hilario Francisco, Hilario Cariaga, Marcos Millo, Juan Ramen, Basilio Sapin, Fernando Mellado, Cor- nileo Sales, Manuel Paray, Mariano Taboctaboc, Feliciano Domingo, Lucas Obligado, and Felipe Guimba, natives, who were jointly tried, they all pleaded guilty of par- ticipation with a band of armed prowlers — twenty more or less — which tore up the railroad track and cut the telegraph line in the manner alleged. Through their leader and spokesman they ' ' asked for the mercy of the commission, as what they had done did not originate with them, but that they simply carried out orders." From the evidence of one who assembled these accused and conveyed to them the order to commit this offense, it appears that said order came from high insurgent authority and was conveyed with the threat that if the order was not carried out these accused " would all be killed and their barrios burned." But these accused lived within territory fully occupied and protected by the Ameri- can army, and, had they been so disposed, could have asked and would have received protection from the murderous threats of any and all of the irresponsible chiefs of banditti. It makes no difference in law whether these chiefs have ladrones, "tuli- sans," guerrillas, or insurrectos as their followers; all alike are exercising unlawful authority, and no man can justify himself before the law for committing robbery, murder, or any high crime in obedience to the unlawful orders of these self-appointed chiefs. It is high time these accused and all the people of these islands began to learn the lesson that a rule under wise and just laws is being instituted in these islands and that the rule of the bloody-handed chiefs of banditti must cease. Under the laws of war, armed prowlers whether they permanently reside within or, residing elsewhere, steal within the lines of an occupying army, and there "rob, kill, tear up the railway track, destroy bridges, or cut telegraph wires, are not entitled to the privileges of prisoners of war," and may be summarily executed. In approving the sentence under date of December 8, 1900, the department com- mander recommended that the sentence of death be mitigated to confinement at hard labor for the period of fifteen years, and accompanied his said recommendation with the following remarks: "This recommendation is made in consideration, as shown in the record in this case, of the ignorance of these half-civilized natives, and their abject fear of the robbers and murderers who are committing crimes under the guise of resistance to the authority of the L^nited States in these islands." While the commanding general accepts the recommendation made, it must be clearly understood that these accused owe their lives to an act of grace on the part of the reviewing authority, and that like mercy will not be shown to any who in the future tear up the railways or cut the telegraph wires. If caught in the act they shall be summarily executed; and all those who order or cause the same to be done or connive at or secretly aid and assist therein will take warning that regard for the helpless and noncombative population who use the railroads and whose lives are put in jeopardy by the destruction of its bridges and disturbance of the rails, as also most urgent military necessity, will make unavoidable the unrelenting execution of the death penalty upon all those who in future are found guilty thereof. The sentences are confirmed, but upon the recommendation of the department commander are mitigated in each case to imprisonment at hard labor for the term of fifteen (15) years, and as thus mitigated will be duly executed at the presidio de INIanila, to which place the prisoners will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Baery, Brigddler-General, U. S. Volunteers, Chief of Staff. Headquartees Division of the Philippines, Manila, P. I., December 22, 1900. General Orders, Xo. 148. Before a military commission which convened at Sara, Panay, P. I., pursuant to paragraph lY, Special Orders, No. 165, Headquarters Department of the Visayas, CHARGES OF CRUELTY, ETC., TO FILIPIJSIOS. 81 October 7, 1901, and of which Maj. Frank A. Cook, 26th Infantry, U. S. Vohmteers, was president, and Captain WilKam Tntherly, 26th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried: Perfecto PobJador, native. Charge I. — " Instigating an assauh." Specification 1. — "In that, on or about the 13th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of Ylo, in the district of Concep- cion, island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its military government, one Perfecto Poblador, a native, having previous to the said 13th day of June, A. D. 1900, to wit, on the 4th day of March, 1900, voluntarily taken and subscribed to the oath of allegiance to the United States, did organize a band of armed outlaws to the number of 20, more or less, and did instigate, plan, and direct a violent assault to be made by the said band of outlaws upon certain citizens of the pueblo of Conception, in the said province of Concepcion, as follows, to wit: By then and there firing three shots, more of less, from a rifle or rifles, held in the hands of members of said band of outlaws, into the dwelling house of one Laureano Pindon, which said house was then and there occupied by the mem- bers of the household of the said Laureano Pindon, to wit: By Catalina, the wife of the said Laureana Pindon, Sotera de la Pindon, Martino Belo, and others, names unknown." Specification 2. — "In that, on or about the 13th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of Ylo, in the district of Concep- cion, island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its military government, one Perfecto Poblador, a native, having previous to the said 13th day of June, A. D. 1900, to wit, on the 4th day of March, 1900, voluntarily taken and subscribed to the oath of allegiance to the United States, did organize a band of armed outlaws to the number of 20, more or less, and did instigate, plan, and direct a violent assault to be made by the said band of armed outlaws upon one Catalina Pindon, the wife of Laureano Pindon, and a resident of the pueblo of Concepcion, in the said province of Concepcion, by then and there striking and beating the said Catalina Pindon with a bolo, held in the hands of a member of the said band of armed outlaws, with the intent then and there to compel the said Catalina Pindon to reveal the whereabouts of certain moneys supposed to be concealed in the house of the said Laureana Pindon, and the property of the said Laureana Pindon." Charge II. — "Instigating and directing an assault with intent to kill." Specification. — "In that, on or about the 13th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of Ylo, in the district of Concep- cion, island of Panay, P. I., a place then, as now, a part of the territory of the L"^nited States, and under its military goyernment, one Perfecto Poblador, a native, having previous to the said 13th day of June, A. I). 1900, to wit: on the 4th day of March, 1900, voluQtarily taken and subscribed to the oath of allegiance to the United States, did organize a band of armed outlaws to the number of 20, more or less, and did instigate, plan, and direct a violent assault to be made by the said band of armed outlaws upon certain citizens of the pueblo of Concepcion, in the said province of Concepcion, as follows, to wit: Upon the persons of Laureano Pindon and Tranquilino Longno, with guns held in the hands of the members of the said band of armed out- laws, and which said guns were fired at the said Laureano Pindon and Tranquilino Longno, by the members of the said band of armed outlaws, with the intent then and there Avillfully, feloniously, and with malice aforethought to kill and murder the said Laureana Pindon and Tranquilino Longno." Charge IIL— "Robbery." Specification 1. — "In that, on or about the 13th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of Ylo, in the District of Concep- cion, island of Panay, P. I., a place then, as now, a part of the territory of the United States and under its military government, one Perfecto Poblador, a native, having previous to the said 13th day of June, A. D. 1900, to wit, on the 4th day of oNIarch, 1900, having voluntarily taken and subscribed to the oatli of allegiance to tlie United States, and having organized an armed band of outlaws to the number of 20, more or less, did instigate, direct and cause this said band of armed outlaws to unlawfully enter the dwelling house of one Laureano Pindon, a native, which said liouse was situated in the pueblo of Concepcion, in the said province of Conce]icion, and to then and there violently and forcibly take, steal and carry away from said house and from the prem- ises of the said Laureano Pindon the following to wit. Jewelry of the value of §500; gold and silver coin of the value of 8500; clothing of the value of $400; one rifle of the value of §50; tobacco of the vahie of $25; wines of the value of $20; and 24 cara- boas of the value of $760; and of the total value of $2,255 in Mexican currency, and which said articles so taken and stolen as aforesaid were thereafter, to wit, on or S. Doc. 205, pt 2 6 82 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. about the 13th day of June, A. D. 1900, received by the said Perfecto Poblador, at the dweUing house of the said Perfecto Poblador, in the said barrio of Ylo, from the members of the said band of armed outlaws so organized as aforesaid, and by him converted to his, the said Poblador's, own use and the use of members of said band. Specification 2. — "In that, on or about the 13th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of Ylo, in the District of Concepcion, island of Panay, P. I., a place then, as now, a part of the territory of the United States and under its militarj' government, one Perfecto Poblador, a native, having previous to the said 13th day of June, A. D. 1900, to wit, on the 4th day of March, 1900, voluntarily taken and subscribed to the oath of allegiance to the United States, and having organized a band of armed outlaws to the number of 20, more or less, did instigate, direct and cause this said band of armed outlaws to unlawfully enter the dwelling house of one Tranquilino Longno, a native, and which said house was situated in the pueblo of Concepcion, in the said province of Concepcion, and to then and there violently and forcibly take, steal and carry away from said house and from the premises of the said Tranquilino Longno the following, to wit: Twenty cabanes of rice of the value of $100; jewelry to the value of |100; silver currency amounting to $250; clothing contained in 6 boxes of the value of |600; tobacco of the value of $50; and 9 caraboas of the value of $315; all of the aforesaid values being in Mexican cur- rency, and the total value of the articles and caraboas so taken as aforesaid being $1,415, Mexican currency, and which said articles so taken and stolen as aforesaid were thereafter, to wit, on or about the said 13th day of June, 1900, received by the said Perfecto Poblador at the dwelling house of the said Perfecto Poblador, in the said barrio of Ylo, from the members of the said band of armed outlaws so organized as aforesaid, and by him converted to his, the said Poblador's, own use and the use of members of said band." Charge IV. — "Receiving stolen property." Specification. — "In that, on or about the 13th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of Ylo, in the District of Concepcion, island of Panay, P. I., a place then, as now, a part of the territory of the United States and under its militarv government, one Perfecto Poblador, a native, having previous to the said 13th day of June, A. D. 1900, to wit, on the 4th day of March, 1900, vol- untarily taken and subscribed to the oath of allegiance to the United States, and having organized a band of armed outlaws to the number of 20, more or less, and the said band of armed outlaws, so organized as aforesaid, having taken, stolen and car- ried away from the pueblo of Concepcion, in the said i:)rovince of Concepcion, certain property, to wit, jewelry, currency, clothing, tobacco, wines, caraboa, rice, and one rifle, belonging to and owned by certain citizens of the said pueblo of Concepcion, to wit, Laureano Pindon and Tranquilino Longno, and of the value of $3,670, more or less, did, at the dwelling house of the said Perfecto Poblador, in the said barrio of Ylo, receive from and distribute to and among the members of the said band of armed outlaws, in whole or in part, the said property so taken, stolen, and carried away as aforesaid." Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- cation, first charge, "not guilty;" to the first charge, "not guilty;" to the specifica- tion, second charge, "not guilty;" to the second charge, "not guilty;" to the first specification, third charge, "not guilty;" to the second specification, third charge, "not guilty;" to the third charge, "not guilty;" to the specification, fourth charge, " not guilty;" to the fourth charge, " not guilty." Findings. — Of the first specification, first charge, "guilty, except the word ' organize,' substituting therefor the word 'collect,' of the excepted word, not guilty, and of the substituted word guilty." Of the second specification, first charge, ^'guilty except the word 'organize,' substituting therefor the word ' collect,' of the excepted word not guilty, and of the substituted word guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the word 'organize,' substituting therefor the word ' collect,' of the excepted word not guilty, and of the substituted word guilty." Of the second charge, "guilty." Of the first specifica- tion, third charge, "guilty, except the words 'organized,' appearing in two places, substituting therefor the word 'collected,' and except the words 'at the dwelling house,' substituting therefor the words 'in and near the dwelling house,' of the excepted words not guilty, and of the substituted words guilty." Of the second specification, third charge, "guilty, except the words 'organized,' appearing in two places, substituting therefor the word 'collected,' and except the words 'at the dwelling house,' substituting therefor the words 'in and near the dwelling house,' of the excepted words not guilty, and of the substituted words guilty." Of the third charge, "guilty." Of the" specification, fourth charge, finds the facts essentially as charged, but attaches no further criminality thereto than is contained in the previous charge. Of the fourth charge, "not guilty." CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 83 Sentence. — And the commission does therefore sentence him, the said Perfecto Poblador, native, "To be contined at hard labor, at such place as the reviewing authority may direct, for a period of twenty (20) years." In the foregoing case of Perfecto Poblador, native, it was admitted by his counsel that the crimes set forth in all the specifications — except that in the specification to the fourth charge— had been committed, but denied all participation or responsibility of the accused therein. From the evidence of many witnesses, however, it clearly appears that the accused was obeyed by the band of outlaws which committed the crimes in the manner alleged; that he was seen with said band immediately before and immediately after they had plundered the houses of Pindon and Longno, that he was reputed to be and was obeyed as " Jefe Superior," and that there is no reason- able doubt that he gave the orders and required his subordinate leaders in the band to commit the crimes alleged, and that he gave such orders because the families whom he caused to be plundered and their lives to be placed in jeopardy held friendly relations with the Americans. His defense consisted of an attempt to hide his own responsibility behind the acts of the dupes who obeyed his unlawful orders, and who, having been found guilty of their part in these crimes, are now undergoing punishment by imprisonment at hard labor. The sentence, which was approved by the department commander on November 13, 1900, is confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U.S. Volunteers, Chief of Staff . Headquarters Division of the Philippines, Manila, P. I., December 24, 1900. General Orders, No. 149. Before a military commission which convened at San Isidro, province of Nueva Ecija, Luzon, P. I., pursuant to paragraph 7, Special Orders, No^ 43, Headquarters Department of Northern Luzon, June 4, 1900, and of which Major Joseph Wheeler, jr., 34th Infantry, IT. S. Volunteers, was president, and First Lieutenant Ivers W. Leon- ard, 22d U. S. Infantry, was judge-advocate, was arraigned and tried Santiago Kobles, a native. Charge I. — "Treachery, in violation of the laws and customs of war." Specifica- tion: "In that he, Santiago Robles, a native, and a so-called captain of insurgents, then a lieutenant of insurgents, having been captured by the American troops, and having been released from such captivity, April 12, 1900, upon taking an oath of allegiance to the United States in words and figures as follows, viz: 'I, Santiago Robles, do solemnly swear that I recognize and accept the supreme authority of the United States of America, and will maintain true faith and allegiance thereto; that I will obey the laws, legal orders, and decrees duly promulgated by its authority; that I impose upon myself this obligation voluntarily and without mental reservation or purpose of evasion, so help me God,' did subsequently bear arms against the L^nited States and was captured so bearing arms and exercising command as captain of a force of insurgents or bandits, in violation of his oath. This, in time of insurrection against the United States, atMayapyap, a barrio of Cabanatuan, P. I., on May 10, 1900." Charge II. — "Kidnaping." Specification: "In that he, Santiago Eobles, a native and a so-called captain of insurgents or bandits, did, in the company of several armed men of his band, take forcible possession of the person of one Teafilo Gutieras, a native, and did carry him, the said Gutieras, or cause him to be carried, off in the direction of Mayapyap, a barrio of Cabanatuan, P. I., since which occurrence the said Gutieras has not been seen nor heard from. This, in time of insurrection, in the barrio of Aduas, in the town of Cal)anatuan, province of Nueva Ecija, on or about May 1, 1900, in territory held and occupied by United States forces." Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not suiltv." To the second charge, "not guilty." ' • Findings.— Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "not guilty." Of the second charge, "not guilty." Sentence. — And the commission does therefore sentence him, Santiago Rol^les, a native, "To be confined at hard labor, at such place as the proper authoritv may direct, for the period of his natural life." 84 CHARGES OF CRUELTY, ETC., TO FILIPINOS. In the foregoing cage of Santiago Robles, native, it conclusively appears by the evidence that the accused, after subscribing the oath of allegiance to the United States and thereby securing his release from captivity as a j^risoner of war, returned to the ranks of the insurgents and again took up arms against the United States. The sentence, which was approved by the department commander on the 26th day of November, 1900, is confirmed, but is mitigated to confinement at hard labor for the term of ten years, and, as thus mitigated, will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, December 28, 1900. General Orders, No. 151. Before a military commission which convened at Laoag, province of Ilocos Norte, Luzon, P. L, pursuant to paragraph 2, Special Orders, No. 74, Headquarters Depart- ment of Northern Luzon, July 6, 1900, and of which Maj. Samuel M. Swigert, 3d U. S. Cavalry, was president, and First Lieut. Wilson G. Heaton, 34th Infantry, U. S. Vokmteers, was judge-advocate, were arraigned and tried: Regino Antonio, Jose Madamba, Toribio Lopez, and Augustin Echevarri, natives. Charge. — "Murder." Specification. — "In that Regino Antonio, Jose Madamba, Toribio Lopez, and Augustin Echevarri, all natives of the Philippine Islands, did, in company with others, names unknown, set upon and carry away and did willfully, feloniously, and with malice aforethought kill and murder Eugenio Tomayo, Eduardo Pata, and Salvador Gorospe, natives, by cutting and stabbing the said Tomayo, Pata, and Gorospe with bolos held in the hands of the said Antonio, Madamba, Lopez, and Echevarri, inflicting wounds therewith whereof the said Tomayo, Pata, and Gorospe then and there, or presently after, died, and did throw the bodies of the said Tomayo, Pata, and Gorospe into a well, the said Tomayo, Pata, and Gorospe being at the time members of the regularly constituted police force of the pueblo of Laoag, Luzon, P. I., and at the time in the proper performance of their dutj^ under civil government established under the protection of the military authorities of the Ignited States. This during a time of insurrection in the jurisdiction of San Nicolas, Ilocos Norte, Luzon, P. I., on or about April 17, 1900." Pleas. — To the specification, "Not guilty." To the charge, "Not guilty." Findings. — Of the specification, "Guilty, excepting the words 'cutting and stab- bing the said Tomayo, Pata, and Gorospe with bolos in the hands of the said Antonio, Madamba^ Lopez, and Echevarri, inflicting wounds therewith whereof the said Tomayo, Pata, and Gorospe then and there, or presently after, died, and did throw the bodies of the said Tomayo, Pata, and Gorospe into a well,' and substituting the Avords, ' binding the hands of the said Eugenio Tomayo, Eduardo Pata, and Salvador Gorospe behind their backs and throwing the said Tomayo, Pata, and Gorospe into a well and filling dirt into said well until the said Eugenio Tomayo, Eduardo Pata, and Salvador Gorospe were covered up and dead' of the excepted words not guilty, of the substituted words guilty." Of the charge, "Guilty." Sentence. — And the commission does, therefore, sentence them, Regino Antonio, Jose Mandamba, Toribio Lopez, and Augustin Echevarri, natives, and each of them, "To be hung by the neck until dead, at such place and time as the reviewing author- ity may designate, two-thirds of the commission concurring therein." In the foregoing case of Regino Antonio, Jose Madamba, Toribio Lopez, and Augustin Echevarri, natives, who were jointly tried, it appears from the testimony of many witnesses and from the statements of three of these accused, made before the commission trying them, that three men who had taken service as policemen in a pueblo under American control were, for some purpose not clearly revealed by the evidence, sent by a native official to the neighboring j)ueblo of San Nicolas, where they arrived about midday and repaired to the presidencia for rest and a siesta; that while asleep they were seized by a band of men, about ten in number — chiefly citizens of San Nicolas — armed with a pistol, bolos, and clubs. That first tying the arms of their captives behind their backs, the band proceeded to beat and wound them with bolos; that they were then taken into the sacristy of the church to be confessed by the padre, then put into a carromata and taken to the outskirts of the pueblo where, bound and helpless, but resisting as best they might, they were thrown into a well "about 'six varas' deep" and liferally buried alive with earth thrown upon them until the well was partly filled. CHARGES OF CRUELTY, ETC., TO FILIPII^OS. 85 That these poUcemen were with dehberate purpose ordered from the friendly [►ro- tection of their own pueblo to vSan Nicolas, there to be murdered, the evidence leaves but little doubt; that they were deliberately murdered in the manner described, and that all these accused were willing and active participants therein, the evidence leaves no reasonable doubt, except in the case of Augustin Echevarri, who possibly did his part as lookout more from compulsion than a desire to assist. The sentences which were approved by the department commander on November 24, 1900, are confirmed, and, in the cases of Kegino Antonio, Jose Madamba, and Toribio Lopez will be executed at the pueblo of San Nicolas, province of Ilocos Norte, Luzon, P. I., on the 18th day of January, A. D. 1901, under the direction of the commanding genei'al, Department of Northern Luzon. The sentence in the case of Augustin Echevarri is, upon the recommendation of the department commander, mitigated to confinment at hard labor for the period of fifteen years, and, as thus mitigated, will be duly executed at the Presidio de Manila, to which place this prisoner will be sent under proper guard. By command of Major-General Mac Arthur. Thomas H. Barry, Brigadier-General, U.S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, December 31, 1900. General Orders, No. 153. Before a military commission which convened at Lingayen, province of Pangasinan, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 110, Headquarters Depart- ment of Northern Luzon, August 15, 1900, and of M'hich Major William H. Bishop, 36th Infantry, U. S. Yolunters, was president, and Captain Warren H. Ickis, 36th Infan- try, U. S. A^olunteers, was judge-advocate, was arraigned and tried Ysidro Cacho, a native. Charge I. — "Consorting and acting with a band of armed outlaws." Specifica- tion: In that he, Ysidro Cacho, native, did consort and act with a band of armed outlaws and numbering 10, more or less, the said band, during the time the said Ysidro Cacho was consorting and acting with it as aforesaid, being actually engaged in robbery and assassination, in and near the barrio of Natulang, pueblo of Bolinao, province of Zambales, P. I. This at or near the place specified, a place then, as now, within the theater of active military operations by the LTnited States forces, during the months of Mav and June, 1900, a time then, as now, of insurrection against the United States." Charge II. — "Murder." Specification: "In that he, Ysidro Cacho, a native, did consort and act with a band of armed outlaws and numbering 10, more or less, com- manded and led by the said Ysidro Cacho, willfully, feloniously, with malice afore- thought and fiendish cruelty, torture, mutilate, kill, and murder one Catalino Samson by tying and binding him and thereby rendering him helpless to defend himself; and did cut out his tongue and did cut him, the said Samson, in the head with a bolo, and did give orders to one Bonifacio Bonsoii to stab the said Samson, and by reason of such cutting and stabbing wounds were inflicted whereof he, the said Catalino Samson, then and there died. This at or near the barrio of Natulang, pueblo of Bolinao, province of Zambales, P. I., a place then, as now, Avithin the theater of active military operations by United States forces, on or about June 29, 1900, a time then, as now, of insurrection against the United States." Pleas. — To the specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge, "not guilty." Finding. — Of the specification, first charge, "guilty, except the words 'robbery and,' and of the excepted words not guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Ysidro Cacho, native, "To be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Ysidro Cacho, native, it appears from the evidence that the accused was an officer of militia having two barrios under his jurisdiction; that, upon his own orders or the orders he had received from higher insurgent authority, he caused the deceased, who at the time was employed as a cook for the American officers in the pueblo of Bolinao — and apparently for this reason only — to be seized and delivered to him at his residence in the barrio of Natulang; that the accused and one Bonifacio Bonson took the deceased to the fields one-half mile from the house of 86 CHARGES OF CRUELTY, ETC., TO FILIPINOS. the accused and proceeded to kill him by striking him with a bolo over the head, stabbing him with a dagger in the breast, and then cutting off his hands and feet and cutting out his tongue. On the witness stand the accused admitted he had caused the deceased to be seized and that he had delivered him to the said Bonifacio Bonson, to be killed; but beyond this public confession the evidence conclusively shows that the accused delivered the first fatal blows upon the body of the deceased and then stood by to witness the burial of that body after it had been mutilated in the barbarous aianner as charged. The sentence, which was approved by the department commander on November 4, 1900, is confirmed and will be duly executed at the pueblo of Bolinao, province of Zambales, Luzon, P. I., on the 18th day of January, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. By command of Major-General Mac Arthur: Thomas H. Bahry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., Januarys, 1901. General Orders, No. 2. Before a military commission which convened at Dagupan, province of Pangasinan, Luzon, P. I., pursuant to paragraph 14, Special Orders, No. 178, headquarters Department of Northern Luzon, October 24, 1900, and of which Maj. Charles A. Wil- liams, 17th L". S. Infantry, was president, and First Lieut. Thomas L. Smith, 17th L^. S. Infantry, was judge advocate, was arraigned and tried Bias de la Rosa, native. Charge. — ' ' Murder. ' ' Specification 1. — "In that he, Bias de la Eosa, native, did, on or about xlpril 25, 1900, at or near barrio of Mabilita, pueblo of Dasol, province of Zambales, Luzon, territory then, as now (October 8, 1900), occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, in company of, and consorting with, a band of armed outlaws to the number of seven, more or less, wilfully, feloniously, and with malice aforethought kill and murder Pedro Abilla, a native, by shooting him, the said Abilla, with rifles held in the hands of said band of which he, the said Bias de la Rosa, was one, inflicting wounds therewith whereof he, said Pedro Abilla, then and there died. This on or about the date and at or near the place specified." Specification 2. — "In that he, Bias de la Rosa, native, did, on or about April 10, 1900, at or near Balangbang, a sitio of Dasol, Zambales, Luzon, then, a • now, terri- tory occupied by the United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, in company of, and consorting with, a band of armed outlaws ten, more or less, in number, wilfully, feloniously, and with malice aforethought kill and murder one Tito Balisiliso, a native, by shoot- ing him, the said Balisiliso, with rifles, and cutting him with bolos, said rifles and bolos being held in the hands of said band of outlaws of which he, Bias de la Rosa, was one, inflicting wounds therewith whereof the said Tito Balisiliso, then and there died. This at times and places specified." Pleas. — To the first specification, "not guilty." To the second specification, "not guilty." To the charge, "not guilty." Findings. — Of the first specification, "Guilty, excepting the word 'Dasol,' substi- tuting therefor the words 'San Isidro,' of the excepted word not guilty, and of the substituted words guilty." Of the second specification, " Guilty, excepting the word 'Balisiliso,' substituting therefor the word 'Balisilisa,' of the excepted word not guilty, and of the substituted word guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him. Bias de la Rosa, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Bias de la Rosa, native, it conclusively appears from the evidence of many eye-witnesses that the accused was a member of a band of outlaws and that he was present as a willing and active member thereof in the murder, accompanied with robbery, of two law-abiding men in the manner and form as charged. The sentence, which was approved by the department commander on December 17, 1900, is confirmed and will be duly executed at the pueblo of Dasol, province of Zambales, Luzon, P. I., on the twenty-fifth (25) day of January, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. By command of IMajor-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 87 Headquarters Division of the Philippines, Manila, P. J., January 3, 1901. General Orders, Xo. 3. Before a military commission which convened at Binalonan, province of Pangasi- nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department of Northern Luzon, June 25, 1900, and of which Major Joseph W. Dun- can, 13th U. S. Infantry, was president, and First Lieutenant Harvey W. Miller, 13th U. S. Infantry, Avas judge-advocate, were arraigned and tried Pedro Cavayan, Vicente Mendejar, Gregorio Lopez, and Lorenzo Refugia, natives. Charge I. — "Forcible abduction." Specification: "In that they, Pedro Cavayan, Vicente Mendejar, Gregorio Lopez, and Lorenzo Refngia, natives, and each of them, in company of and consorting with armed outlaws, to the number of eight, more or less, did unlawfully, forcibly, and feloniously seize and carry away, against his will, one Mariano Magpale, native. "This in territory occupied by United States troops, in time of insurrection against the Government of the United States, on or about the third week of January, 1900, at or near the barrio of Dumanput, pueblo of Asingan, province of Pangasinan, Luzon, P. I." Charge II. — "Murder." Specification: "In that they, Pedro Cavayan, Vicente Mendejar, Gregorio Lopez, and Lorenzo Refugia, natives, and each of them, in com- pany of and consorting with armed outlaws, eight, more or less, in number, did will- fully, feloniously, and with malice aforethought kill and murder Mariano Magpale by striking and cutting him, the said Magpale, with bolos held in the hands of the said Pedro Cavayan, Vicente Mendejar, Gregorio Lopez, and Lorenzo Refugia, and of said outlaws, and each of them inflicting wounds therewith whereof the said Mag- pale died. "This in territory occupied by United States troops, in time of insurrection against the United States Government, on or about the third week of January, 1900, at or near the barrio of Dumanput, pueblo of Asingan, province of Pangasinan. Luzon, P. I.'^ Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not guilty." To the specification, second charge, "not guilty." To the second charge^ ' ' not guilty. ' ' Findings. — Of the specification, first charge, "not guilty." Of the first charge, "not guilt V." Of the specification, second charge, "guiltv." Of the second charge, "guilty." " Sentence. — And the commission does therefore sentence them, Pedro Cavayan, Vicente Mendejar, Gregorio Lopez, and Lorenzo Refugia, and each of them, "to be hung by the neck until they are dead, at such time and place as the reviewing author- ity may direct, two-thirds of the members concurring therein." In the foregoing case of Pedro Cavayan, A'icente ISIendejar, Gregorio Lopez, and Lorenzo Refugia, who were jointly tried, the sentence, as approved by the depart- ment commander, is confirmed, but for reasons which though adequate are not apparent npon the record, is commuted in the case of each of these accused to con- finement at hard labor for a period of fifteen years, and as thus commuted will be executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staffs Headquarters Division of the Philippines, Manila, P. I., Januar;/ 9, 1901. General Orders, No. 6. Before a military commission which convened at San Fernando de la Laiion, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 42, headquarters Department of Northern Luzon, June 3, 1900, and of which Major Charles F. Kieffer, surgeon, 48th Infantry, U. S. Volunteers, was president, and First Lieutenant William T. Johnson, 3d U. 8. Cavalry, was judge-advocate, was arraigned and tried Lucino Almeida, a native. Charge I. — "Relieving and knowingly harboring and protecting the enemies of the United States in time of insurrection, in violation of the laws of war." Specification 1. — "In that Lucino Almeida, a native, on or about the 5th day of Jan- uary, 1900, then, as now, a time of insurrection, at or near his residence in the pueblo of San Fernando de Union, Luzon, P. L, a place then, as now, in the theater of active military operations and occupied by the troops of the United States, alleging andstat- 88 CHARGES OF CRUELTY, ETC. , TO FILIPINOS. ing that he was the duly appointed Governor of Union Province, Luzon, P. I., did' by his own order, convene the ' Presidentes' of the 'Pueblos' of Union Province, and did, in this meeting, verbally order the ' Presidentes' of the 'Pueblos' or their repre- sentatives therein assembled to furnish food, provisions and supplies from time to time to the forces in iuvsurrection against the United States, that might be in or near their respective jurisdictions; and did further order the said officials to give these supplies whenever demanded, and to likewise order their 'Cabezas' of their respective ' Bar- rios' to collect provisions for the insurgents from the residents of the 'Barrios;' that they were ordered to do this under threats of punishment if they failed to comply." "This at the time and place above specified." Specification 2. — "In that Lucino Almeida, native, about the month of March, 1900, then, as now, a time of insurrection, in San Fernando de Union, Luzon, P. L, a place then, as now, in the theater of active military operations and occupied by the Ameri- can troops, alleging and claiming to be the duly appointed Governor of Union Pro- vince, Luzon, did urge and order Matias Runes, ' Presidente local ' of Cava, and others, to furnish food supplies and monies as a war contribution to those engaged in insur- rection against the United States." "This at the time and place above specified." Specification 3. — In that Lucino Almeida, native, about the months of January and February, 1900, then, as now, a time of insurrection, in Union Province, Luzon, a place then, as now, in the theater of active military operations and occupied by the troops of the L^nited States, alleging and claiming to be the duly appointed Governor of Union Province, Luzon, did order Juan Suyat, second 'Cabeza' of Pias, Feofilo Sanglay, ' Cabeza' of Santiago Sur, Teodoro Alviar, ' Cabeza' of Carletan, and other minor officials of Union Province, Luzon, to furnish food supplies and money as a w'ar contribution to those engaged in insurrection against the United States. " " This at the time and place above specified." Specification 4- — " In that Lucino Almeida did furnish rice, money and other sup- plies in unknown quantities to bands engaged in insurrection against the U nited States, by ordering Paulino Alviar, ' Presidente' of San Fernando, Vicente Dumpit, ' Presi- dente' of Bauang, Pedro Rimondo, 'Presidente' of Naguilian, and other 'Presidentes,' names unknow^n, to furnish the said rice, money, and other supplies, assuming, in giv- ing said orders, authority as Provincial Governor, which assumed authority the said 'Presidentes' believed to be genuine." "This in Union Province, Luzon, P. I., dur- ing or about the months of February and March, 1900, a time of insurrection." Specification 5. — "In that Lucino Almeida, native, did relieve the enemy with money by ordering Paulino Alviar, presidente local of San Fernando de Union, to furnish |80 in silver to one J oaquin Luna, an official of insurgent forces, on demand of the said Luna, assuming, in giving the said order, an authority as provincial governor, which assumed authority the said Alviar believed to be genuine, and on which order |40 in silver, more or less, was furnished the said Joaquin Luna. This about February or March, 1900, a time of insurrection at San Fernando de Union, Luzon, a place in the theater of active military operations, and occupied by troops of the United States." Specification 6. — "In that Lucino Almeida, native, and resident of the town of San Fernando de Union, occupied by troops of the L^nited States, did relieve the enemy w'ith money by ordering Paulino Alviar, presidente local of San Fernando de Union, Luzon, P. L, to furnish all the money in the town treasury, to one Joaquin Luna, an official of insurgent forces, on the written order of the said Joaquin Luna, dated San Fernando, March 16, 1900; the said Almeida assuming, in giving the said order to the said Alviar, authority as provincial governor, which assumed authority the said Alviar believed to be genuine, and on which order 1813.56, more or less, were fur- nished to the said Luna by the said Almeida. This at San Fernando, province of Li^nion, on or about March 16, 1900." Specification!. — "In that Lucino Almeida, native, alleging and claiming to be the duly appointed civil governor of L^nion Province, Luzon, P. I., during or about the month of March, 1900, then, as now, a time of insurrection, did collect monej'S and provi- sions in unknown amounts from the peaceful inhabitants of LTnion Province, Luzon, P. L, a place then, as now, in the theater of active military operations and occupied by troops of the United States, and did contribute the moneys and provisions, or a portion thereof, to the officials of the insurgent forces for use in the maintenance of the said body of insurgents. This at the time and place specified." Specification 8. — "In that Lucino Almeida, native, alleging and claiming to be the duly appointed civil governor of Union Province, Luzon, P. I., during February and March, 1900, then, as now, a time of insurrection, did collect from all or some of the male adults of Union Province, Luzon, P. I., a place then, as now, in the theater of active military operations and occupied by the troops of the United States, to wit, $1 silver each, and from the female adults, to wit, $0.50 silver each for a 'certificado de ciu- CHARGES OF CRUELTY, ETC., TO FILIPINOS. 89 dadania,' when in fact the amount so collected, or a portion of it, was a contribution to the war fund of those engaged in insurrection against the United States. This at the time and places above specified." Specification 9. — " In that Lucino iVlmeida, native, alleging and claiming to ]je the duly appointed civil governor of Union Province, Luzon, P. I., during or about the months of January, February, and March, 1900, then, as now, a time of insurrec- tion, did knowingly permit Manuel Tinio, Bias Billanior, Joaquin Luna, Fortunate Gaerlan, and others, to maintain bands of armed insurgents, numlDers unknown, in hiding or in camps at or near the 'barrios' Capanigian, Paci:>acac, Bariquit, San Felipe, Candaroma, Bacsayan, 'pueblo' of San Juan, Union Province, Luzon, P. L, and other points, places then, as now, in the theater of active military operations, knowing that the said Tinio, Billamor, Luna, Gaerlan, and their armed bands were living in open and notorious insurrection against the United States. This in L^nion Province, Luzon, P. L, February and March, 1900." Specification 10. — "In that Lucino Almeida, native, alleging and claiming to be the duh' appointed civil governor of L"^nion Province, Luzon, P. I., during or about the months of January, February, and March, 1900, then, as now, a time of insurrec- tion, knowing that Manuel Tinio, Bias Billamor, Joaquin Luna, and Fortunato Gaer- lan, and their bands of armed insurgents maintained camps in the ' barrios ' of Capanigian, Pacpacac, Bariquit, San Felipe, Candaroma, Bacsayan, 'pueblo' of San Juan, Union Province, Luzon, P. L, and other places, then, as now, in the theater of active military operations, did knowingly conceal this information from the com- manding officer of the American troops in Union Province, Luzon, P. L, and did aid and abet the said armed bands to remain in hiding, thereby harboring and protect- ing the said bands of armed insurgents to escape detection and capture. This in Union Province, Luzon, P. L, during or about February and March, 1900." Specification 11. — " In that Lucino Almeida, native, alleging and claiming to be the duly appointed civil governor of Union Province, Luzon, P. L, during or about January, February, and March, 1900, then, as now, a time of insurrection, did force the peaceful inhabitants of Union Province, Luzon, P. I., a place then, as now, in the theater of active military operations, to conceal from the American forces the hiding places of Manuel Tinio, Bias Billamor, Fortunato Gaerlan, and Joaquin Luna, insur- gents, and their armed bands of insurgents, thereby knowingly protecting and harboring the said insurgents and aiding them to escape detection and capture. This in Union Province, Luzon, P. U, during or about February and March, 1900." Specification 12. — "In that the said Lucino Almeida, native, did knowingly permit an armed body of insurgents to abduct and carry away Ameliana, wife of Antonio de Dios, Spanish citizen of San Fernando de Union, Luzon, P. I. , and to keep her in confinement without cause for three days, more or less, and did attempt to prevent the knowledge of her abduction from reaching the American forces, thereby protect- ing the enemies of the United States. This in Union Province, Luzon, P. I., about January 1, 1900, a time of insurrection." Charge II.—" Holding correspondence with, and giving intelligence to, the ene- mies of the United States in time of insurrection, in violation of the laws of war." Specification 1. — " In that Lucino Almeida, native, and resident of the town of San Fernando de Union, Luzon, P. I., occupied by United States troops, did, during or about the month of February, 1900, then, as now, a time of insurrection, in the house of 'Padre' Mariano Gaerlan, at San Juan; in the house of said Almeida in ' ])arrio' Santa Rosa, in ' barrio' Candaroma and Bacsayati, all of ' i)ueblo' of San Juan, Union Province, Luzon, P. I., and other points, places then, as now, in the theater of active military operations, hold communication with Joaquin Luna, Juan Gutierrez, For- tunato Gaerlan, and other enemies of the United States, and was in conference with them, knowing at the time that the said insurgents were living in open and notori- ous insurrection against the United States. This at the times and places above specified." Additional charge. — "Holding correspondence with the enemy, in violation of the laws of war." Specification. — " In that he, Lucino Almeida, native, on or about March 20, 1900, a time then, as now, of insurrection, in Union Province, Luzon, a place then, as now, in the theater of active military operations, and occupied by the military forces of the United States, did correspond with the enemies of the United States, by \\riting and sending a letter to one Manuel Tinio, a leader oi insurgents, knowing that the said Tinio was living in open and notorious insurrection against the L^nited States. This at the time and place above set forth." Plea.— "Not guilty." Findings. — Of the fii'st specification, first charge, "guilty, except the words 'that they were ordered to do this under threats of punishment if they failed to comply,' 90 CHARGES OF CRUELTY, ETC., TO FILIPINOS. and of the excepted words not guilty." Of the second specification, first charge, "guilty." Of the third specification, first charge, "guilty. Of the fourth specifica- tion, first charge, "guilty." Of the fifth specification, first charge, "guilty, except word 'dollars' and substituting word 'pesos;' of substituted word guilty. ""^ Of the sixth specification, first charge, "guilty, except word ' dollars' and substituting ' pesos;' of the substituted word guilt}-." Of the seventh specification, first charge^ "guilty." Of the eighth specification, first charge, "guilty, excej^t the words 'all or' and of the excepted words not guilty." Of the ninth specification, first charge, "guilty." Of the tenth specification, first charge, "guilty." Of the eleventh speci- fication, first charge, "not guilty." C)f the twelfth specification, first charge, "not guilty. ' ' Of the first charge, ' ' guilty. ' ' Of the specification, second charge, '' ' guilty. ' ' Of the second charge, "guilty." Of the specification, additional charge, "guilty." Of the additional charge, " guilty." Sentence. — And the commission does therefore sentence him, Lucino Almeida, the accused, "To be confined at hard labor, at such place as the reviewing authority mav direct, for the period of twentv vears, and to pav a fine of twentv thousand (20,000) pesos." In the foregoing case of Lucino Almeida, it appears of record that upon the occu- pation of the province of la Union by the American forces the accused was the provincial chief or presidente thereof, and was holding his said office from the insur- rectionary junta; that in his said official capacity he called upon and made himself known to the commanding general of the American forces, tendered to him his services, and promised to aid him in the work of pacification of the province; that the accused, the presidentes of the pueblos, and headmen of the barrios were required to continue for the time being to fulfill the duties of their respective offices, and to instruct and urge the people to return to their peaceful avocations with assur- ance of the protection of American troops. The evidence shows that the accused accepted the trust reposed in him with every outward sign of satisfaction and good will; that he thereafter obeyed instructions in special instances with seeming fidelity, and by his -manner and speech continued to act the part of a friend of the occupying military government of the United States; but it is also made as plainly evident that while thus acting the role of a friend of the American cause the accused, the presidentes of the pueblos, and the minor native civil officials, many of whom had taken the oath of allegiance to the United States and of fidelity in the execution "of their offices under its authority, were with a com- mon and secret understanding administering their said offices under the orders and in the interest of the insurrectionary chiefs. Whenever they collected lawfullj' imposed taxes, they also sought to impose and treasonably and secretly collect a like or larger amount of tax for the benefit of the insurgent forces, and in some instances they diverted the public funds derived from taxes legitimately assessed and collected to the same treasonable use. They also invited vohmtary and by divers methods made enforced contributions of money from the more wealthy Filipinos, and from the people generally contributions of clothing and monthly allotments of rice, meat, and other subsistence supplies which they delivered into the possession of the bands of guerrillas which infested the province, and whose secret camping places they carefully guarded from coming to the knowledge of the American troops. That the accused had knowledge of these treasonable practices and that in certain instances he advised their continuation he admitted before the commission trying him; and that he secretly used the great infiuence of his office — from which he had not been formally suspended — to perfect methods whereby continuous and effective aid and encouragement was given the insurgent forces there is no reasonable doubt. The facts above enumerated and clearly proven constitute the accused a "war traitor," a term employed to designate a most vicious and dangerous class, their operations being necessarily chiefly confined to the encouragement of armed prowlers and guerrilla bands, with their attending robberies, murders, and assassinations. The sentence, approved by the department commander, is confirmed, but is com- muted to deportation to the island of Guam, the prisoner there to remain during the continuance of the insurrection. As thus commuted the sentence will be duly executed. The necessary orders for transportation and subsistence will be issued from these headquarters. By command of ^Major-General MacArthur: Thomas H. Barry, Brigadier-General, U.S. Volunteers, Chief of Staff. CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 91 Headquarters Division of the Philippines, Manila, P. L, January 9, 1901. General Orders, No. 7. Before a military commission which convened at Guiguinto, province of Biilacan, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 53, Headquarters Depart- ment of Northern Luzon, June 15, 1900, and of which Major Albert Laws, 35th Infantry, U. S. Volunteers, was president, and 1st Lieutenant Alvin C. Voris, 35th Infantry, U. S. Volunteers, was judge-advocate, was arraigned" and tried Catalino Landayan, native. Charge I. — "Violation of the laws of war." Spec ifi cat ion. — "In that Catalino Landayan, a native, did occupy and exercise for the insurgents, in territory held by the United States, the office of presidente of Guiguinto, province of Bulacan, P. I." "This in time of insurrection, at Guiguinto, province of Bulacan, P. I., during the months of September and October, 1900." Charge II. — "Giving intelhgence to the enemy." Specification. — "In that Catalino Landayan, a native, while residing as an 'araigo' in the pueblo of Guiguinto, province of Bulacan, P. I., under the protection of the United States, did, in writing, give intelligence to the enemy of the strength, move- ments, and defenses of the LTnited States garrison occupying said place." "This in time of insurrection, at Guiguinto, province of Bulacan, P. L, about the 12th and 18th of September, 1900." Plea. — "Not guiltv." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Catalino Landayan, native, "to be confined at hard labor, at such place as the reviewing authority may direct, for the period of fifteen (15) years." In the foregoing case of Catalino Landayan, native, the evidence clearly shows that the accused accepted the office of presidente of the pueblo of Guiguinto from insurgent authority, at a time when that office was lawfully filled by a presidente appointed under the authority of the United States, and that while the accused was acting the part of an "amigo " of the Americans he was by letter advising the com- manding general of the insurgent forces in his vicinity of the number and means of defense of the American troops in Guiguinto. Many of his treasonable letters hav- ing been captured from the enemy, and being confronted with them before the com- mission he admitted that he signed them, but averred that he had done so under threats of the insurgents against his life and property. But his zeal in the cause of the insurrection is too manifest to give value to his defense, which, even if true, could not avail to save him from the consequences of his treasonable acts. The sentence, which was approved by the department commander on December 28, 1900, is confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff.. Headquarters Division of the Philippines, Manila, P. I., January 10, 1901. General Orders, No. 8. Before a military commission which convened at Sorsogon, province of Sorsogon,. Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 203, headquarters Depart- ment of Southern Luzon, November 4, 1900, and of which Major Keller Anderson, 47th Infantry, U. S. Volunteers, was president, and 1st Lieutenant George W. Eng- land, 47th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Mariano Dreu, native. Charge I. — "Larceny." Specification 1. — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- gents and not being a member of any recognized military organization, but acting independently of the same, did cause and aid other persons whose names are unknown, similarly acting under his orders, he being their recognized leader, to feloniously and forcibly take, steal, and carry away from the premises of one Narsiso Docampa, a peaceable native, the sum of $15, Mexican currency, 1 cow, of the value of S40, Mexican currency, 1 carabao, of the value of |60, Mexican currency, and 4 sacks of rice, of the value of $12, Mexican currency, the property of said Narsiso Docampa \)2 CHARGES OF CRUELTY, ETC., TO FILIPINOS. and did appropriate said property to his (Dreu's) own use and the use of his asso- ciates. This, in time of insurrection, at or near Bacon, P. I. , a place under the miU- tary government of the United States, on or about the 6th day of September, 1900." Spedfimtion 2. — "In that Mariano Dreu, native, being a heutenant-colonel of insur- gents and not being a member of any recognized mihtary organization, but acting independently of the same, did cause and aid other persons whose names are unknown, similarly acting under his orders, he being their recognized leader, to feloniously and forcibly take, steal, and carry away from the premises of one Fito Dino, a peace- able native, the sum of 880, Mexican currency, and 2 sacks of rice, of the value of S6, Mexican currency, the property of said Fito Dino. and did appropriate said property to his (Dreu's) own use and the use of his associates. This, in time of insurrection, at or near Bacon, P. L, a place under the military government of the United States, on or about the loth day of August. 1900. ' ' Specification S. — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- gents and not being a member of any recognized military organization, but acting independently of the same, did cause and aid other persons whose names are unknown, similarly acting under his orders, he being their recognized leader, to feloniously take, steal, and carry away from the premises of one ^lanuel Garcia, a peaceable native, the sum of 8320, Mexican currency, the property of the said Manuel Garcia. This, in time of insui-rection, at or near Gatbo, P. I., a place under the military gov- ernment of the United States, on or about the 1st day of June, 1900." Specification 4- — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- gents and not being a member of any recognized military organization, but acting independently of the same, did feloniously and forcibly take, steal, and carry away from the premises of one Timoteo Diocaresa. a peaceable native, the following-named articles, to wit: S63.55, Mexican currency, 6 pieces of silk, of the value of 88.75, 7 pairs of trousers, of the value of 87.50, 4 shirts, of the value of 84.50, 1 piece of cina- may, of the value of 82.50, a quantity of chocolate, of the value of 85, 5 outer shirts, of the value of 84.60, one straw sleeping mat, of the value of 81.10, 1 pair of 100- pound scales, of the value of 85, and 2 pillows, of the value of 82; total value of money and articles, 8106.80, Mexican currency, the property of the said Timoteo Diocaresa. This, in time of insurrection, at the barrio of Capangdan, Bacon, P. L, a place mider the militarv government of the United States, on or about the 24th dav of July, 1900." Charge II. — " Violation of the laws of war." Specification 1. — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- gents, and not being a member of any recognized military organization. l)ut acting independently of the same, in company with other persons whose names are unknown, similarly acting under his orders, he being their recognized leader, did feloniously and forcibly seize, take prisoner, and carry away one Xarsiso Docampa, a peaceable native, and did hold said Xarsiso Docampa prisoner, against his ( Docampa' s) will, from on or about the 6th day of September, 1900, until on or about the 22d day of September, 1900. This, in time of insurrection, at or near Bacon, P. I., a place under the military government of the United States, on or about and between the dates above specified." Specification 2. — *' In that Mariano Dreu, native, being a lieutenant-colonel of insur- gents, and not being a member of any recognized military organization, but acting independently of the same, in company with other persons whose names are unknown, similarly acting under his orders, he being their recognized leader, did feloniously and forcibly seize, take prisoner, and carry away one Fito Dino. a peaceable native, and did hold the said Fito Dino prisoner against his (Dino's) will, from on or about the 15th day of August, 1900, until on or about the 22d day of October, 1900. This, in time of insurrection, at or near Bacon, P. L, a place under the military govern- ment of the United States, on or about and between the dates above specified." Specification 3. — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- gents, and not being a member of any recognized military organization, but acting independently of the same, having, in company with other persons, whose names are unknown, similarly acting under his orders, he being their recognized leader, unlawfully and forcibly seized, taken prisoner, and carried away one Manuel Garcia, a peaceable native, did maltreat and did aid and abet in the maltreatment of the said flannel Garcia, by causing him, the said Garcia, to be placed in the stocks. This, in time of insurrection, at or near Gatbo, P. I., a place under the ndlitary gov- ernment of the United States, on or about the 1st dav of June, 1900." Plea.— "Xot guilty." Findings. — Of the'first specification, first charge, "guilty, except as to the words, '$15,' and of the excepted words not guilty, and substituting therefor the words '$15.37' and of the substituted words guilty." Of the second specification, fii-st CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 9S charge, "guilty." Of the third specification, first charge, "guilty." Of the fourth specification, lirst charge, "guilty, except as to the words '|63,' and of the excei>ted words not guilty, and substituting therefor the words '$503' and of the substituted words guilty, and except as to the words '$106,' and of the excepted words not guilty, and substituting therefor the words '$546' and of the substituted words guilty." Of the first charge, "guilty." Of the first specification, second charge, "guilty." Of the second specification, second charge, "guilty." Of the third speci- fication, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Mariano Dreu,. native, " To be confined at hard labor, at such place as the reviewing authority may designate, for the period of fifteen years." In the foregoing case of Mariano Dreu, native, the evidence shows and the accused admits that he was a lieutenant-colonel of insurgents, and that his armed band of followers did commit the offenses in the manner as charged. The evidence clearly shows that his general plan of operation was to visit a house in the nighttime, assault and abuse the husband and wife, and threaten them with death to induce them to produce their money and other valuables. Possessed of these, the band would then depart, taking their victims with them to their camp. Here their prisoners were subjected to further indignities, whipped, put in the stocks, and made to suffer until some of them made further discoveries of the hiding places of their money, which the band would then send for and secure. The reason given by members of the band for these crimes was that the people robbed and maltreated were " Americanistas. " Whether or not this was a mere pretext for acting the part of ladrones is not material, the fact being that their methods were no whit different from those of the vilest robbers and thieves. That, as leader, the accused was respon- sible for and was actually present and took part with his followers in committing these offenses there is no reasonable doubt. The remark of the department commander, in approving the sentence, that it was " deemed inadequate," is fully concurred in. The sentence is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barey, Brigadier- General U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., January 10, 1901. General Orders, No. 9. Before a military commission which convened at Balanga, province of Bataan, Luzon, P. 1., pursuant to paragraph 1, Special Orders, No. 64, Headquarters Depart- ment of Northern Luzon, June 26, 1900, and of which Lieut. Col. Lewis H. Strother, 32d Infantry, U. S. Volunteers, was president, and First Lieut. James C. Hixson, 32d Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried Hilario Matacot, Domingo Samson, Alijo Garcia, and Mariano Villanueve, natives. Charge. — "Murder." Specification.— ''In that they, Hilario Matacot, Domingo Samson, Alijo Garcia, and Mariano Villanueve, natives, and each of them, on or about the 4th day of April, 1900, then, as now, a time of insurrection, at or near the barrio of Salyan, province of Bataan, island of Luzon, P. I., a place then, as now, within the theater of active military operations, in company of, and consorting with, a band of outlaws to the number of eight, more or less, did each willfully, feloni- ously, and with malice aforethought, kill and murder one Pedro Quintin, a native, by stabbing him, the said Pedro Quintin, with a dagger and cutting him, the said Pedro Quintin, with bolos held in the hands of members of said band, inflicting wounds therewith whereof he, the said Pedro Quintin, suffering and lingering, died on the 5th day of April, 1900. This at the times and place above specified." Plea.— "Not guilty." FINDINGS. Hilario Matacot. Of the specification, "guilty, except the words, ' kill and mur- der one Pedro Quintin, a native, by stabbing him, the said Pedro Quintin, with a dagger and cutting him, the said Pedro Quintin, with bolos;' and for the excepted words substituting the words, 'assist some person or parties to kill and mnrder, by striking with a bolo and stabbing with a dagger, one Pedro Quintin,' and of the excepted words not guiltv, but of the substituted words guilty." Of the charge, "guilty." 94: CHARGES OF CRUELTY, ETC., TO FILIPINOS. Sentence. — And the commission does therefore sentence him, Hilario INIatacot, native, " to be hung by the neck until dead, at such time and place as the reviewing authority may direct, Wo-thirds of the commission concurring therein." Domingo Samson, Alijo Garcia, and Mariano Villanueve: Of the specification, "not guilty," of the charge, "not guilty." And the commission does therefore acquit them, Domingo Samson, Alijo Garcia^ and Mariano Villanueve, natives, and each of them. In the foregoing case of Hilario Matacot, Domingo Samson, Alijo Garcia, and Mari- ano, Villanueve, the proceedings are approved. The acquittal of Domingo Samson and Alijo Garcia by the commission, approved by the commanding general. Depart- ment of Northern Luzon, on July 28, 1900, is confirmed, and the acquittal of Mari- ano Villanueve by the commission is approved. The sentence awarded the accused Hilario Matacot, as approved by the depart- ment commander, is confirmed, but is commuted to confinement at hard labor for the period of twenty years, it not appearing that this accused bore a principal or other than a subordinate part in the murder committed and it being shown that none of the wounds received by the murdered man were inflicted by him. As thus com- muted, the sentence will be duly executed at the presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, January 23, 1901. General Orders, No. 13. Before a military commission which convened at San Pablo, Laguna Province, Luzon, P. I., pursuant to paragraph 19, Special Orders, No. 213, Headquarters Depart- ment of Southern Luzon, November 14, 1900, and of which Maj. Benjamin M. Koehler, 37th Infantry, L^. S. Volunteers, was president, and First Lieut. William Yates, 1st V. S. Cavalry, was judge-advocate, were arraigned and tried Cosme Sicat and Eligio Reyes, natives. Charge. — "Murder." Specification. — "In that Cosme Sicat and Eligio Reyes, natives, botn residents of San Gabriel, pueblo of San Pablo, Province of Laguna, Luzon, P. I., did willfully and feloniously, and with malice aforethought, kill and murder one Po Bangco, a Chinaman, and a peaceable resident of the Province of Laguna, Luzon, P. I., by striking the said Po Bangco with clubs, knives, and bolos, thereby inflicting upon the said Po Bangco wounds, as the result of which the said Po Bangco did then and there die. This on or about September 1, 1900, in a time of insurrection near San Gabriel, in the pueblo of San Pablo, Province of Laguna, Luzon, P. I., a j^lace then, as now, under the military government of the United States, and within the theater of the active military operations of the United States army in the fleld." Pleas.— " Not guilty." Findings.—' ' Guilty. ' ' Sentence. —And the commission does therefore sentence them, Cosme Sicat and Eligio Reyes, both natives, " to be hanged by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein . ' ' In the foregoing case of Cosme Sicat and Eligio Reyes, natives, who were jointly tried, it appears of record that the accused, at a preliminary hearing of their cases, instituted in the presidencia municipal before duly qualified native officials, vokm- tarily confessed that they killed the deceased, and recited in justification of their act that they had in the daytime met the deceased on the road and purchased from him a package of cigarettes for which they made tender of half a peso; that after receiv- ing their change the deceased proceeded on his way; that the accused then discov- ered that the change returned to them was "two cuartos" (less than half a penny) short — when they i^ursued, and, overtaking the deceased, demanded of him the bal- ance of their change. The deceased declining to return the change claimed to be due and making a "movement as if to run away" they " caught him by the hand, whereupon he drew a knife from his pocket" which they knocked from his hand and which one of the accused "instantly caught up," and as "the Chinaman was crying out that they were robbing him, which was an abuse" which, using their own language, "infuriated and obliged them to maltreat" him "until he was left dead." The native officials on the witness stand orally confirmed the official record made CHARGES OF CKUELTY, ETC., TO FILIPIN^OS. 95 by them and described the nature of the fatal wounds exhibited by the body of the deceased, which they found lying dead at the scene of the murder. The knife said to have been drawn by the deceased against these accused was not found. In law no man is suffered to kill his assailant unless, being unable to escape fi^om or avoid him, he is compelled to kill such assailant in order to save his own life. Admitting that in this case the deceased did draw a knife against these accused, they, by their own confession, took it from him, and being thus comparatively safe ancl surely without imminent danger of their own lives, they had no excuse whatever for committing the murder, of which they, without doubt, stand rightfully convicted. The sole mitigating circumstance is that the crime was committed in sudden anger, growing out of a sense of personal wrong done to them. The sentence, apjDroved by the departinent commander, is confirmed, but is miti- gated to confinement at hard labor for the period of their natural lives, and as thus mitigated will be duly executed at the presidio de Manila, to which place the pris- oners will be sent under proper guard. By command of Major-General MacArthur. Thomas H. Barry, Brigadier-General, U.S. Volunteers, Chief of Siaf. Headquarters Division of the Philippines, Manila, P. I., January £4, 1901. General Orders, Xo. 14. Before a military commission which convened at Bautista, province of Pangasinan, Luzon, P. I., pursuant to paragraph 9, Special Orders, Xo. 193, Headquarters Depart- ment of Northern Luzon, IS^ovember 9, 1900, and of which Capt. William L. Buck, Thirteenth U. S. Infantry, was president, and First Lieut. Palmer E. Pierce, Thir- teenth Y. S. Infantry, was judge-advocate, were arraigned and tried: I. Enrico Alarcon, a native. Charge I.— "Murder." Spedlicatioa 1. — "In that he, Enrico Alarcon, native, on or about February 15, 1900, then, as now, a time of insurrection, at or near the barrio Abonagon, pueblo of Malasiqui, island of Luzon, P. I., a place then, as now, under the military govern- ment of the United States, in company of, and consorting with, a band of ladrones, armed with deadly weapons, to wit, Mauser and Pemington rifles and bolos, did willfully, feloniously, and with malice aforethought kill and murder one Gabil Estrado, a native, by shooting him with said rifles, held in the hands of members of said band, inflicting wounds therewith whereof he the said Gabil Estrado, then and there died; he, the said Enrico Alarcon, being then and there aiding and cooperating with said band. This at the time and place above specified." Specification 2. — "In that he, Enrico Alarcon, native, on or about November 23, 1899, then, as now, a time of insurrection, at the town of Malasiqui, pueblo of Malasiqui, province of Pangasinan, island of Luzon, P. I., a place then, as now, under the military government of the United States, in company of, and consorting with, a band of ladrones, armed with deadly weapons, to wit, ^Nlauser and Reming- ton rifles and bolos, did call from their houses, bind and carry to a secluded spot near the town of ^Malasiqui. pueblo of ^Malasiqui, province of Pangasinan, island of Luzon, P. I., and there willfully, feloniously, and with malice aforethought murder and kill the following-named natives, to wit: Antonio Mejia, local president of pueblo of Malasiqui; Cecilio Bulatao, justice of the peace, pueblo of Malasiqui; Macaiio Mejia, delegate, pueblo of Malasiqui; Francisco Macaraeg, delegate, pueblo of ^lalasiqui; Felix Centeno, delegate, pueblo of Malasiqui; Jacinto Centeno, citizen, pueblo of Malasiqui, by shooting them, the above-named natives, with said rifles, held in the hands of said band, inflicting wounds therewith whereof they, the above-named natives, did then and there die; he, the said Enrico Alarcon, l^eing then and there present, aiding and cooperating with said band. This at the time and place above specified." Charge II.— "Robbery." Specification 1. — "In that he, Enrico Alarcon, native, on or about Novem])er 23, LS99, then, as now, a time of insurrection, at the town of Malasiqui, pueblo of ]Malasiqui, province of Pangasinan, island of Luzon, P. I., a place then, as now, under the military government of the United States, in company of and consorting with a band of ladrones, armed with deadly weapons, to wit, ^lauser and Remington rifles and bolos, did feloniously and forcibly take from the presence of INIaria Centeno, widow of murdered i)resident of ^lalasiqui, a quantity of money and jewelry valued at three hundred pesos, more .or less, the property of said Maria Centeno: and did, 96 CHARGES OF CKUELTY, ETC., TO FILIPINOS. at the time and place above specified, feloniously and forcibly take from the presence of Francisco Macaraeg, citizen of Malasiqni, a quantity of money and valuables, value unknown, the property of said Francisco ^^lacaraeg; and did, at the time and place above specitied, feloniously and forcibly take from the presence of Domingo Centeno, native of Malasiqui, two hundred and fifty pesos, more or less; three saddles, value unknown; two horses, valued at fifty pesos, more or less, and merchandise to the value of two hundred and fifty pesos, more or less, the property of said Domingo Centeno; the said Enrico Alarcon being then and there aiding and cooperating with said band. This at the time and place above specified." Specification II. — "In that he, Enrico Alarcon, native, on or about November 24, 1899, then, as now, a time of insurrection, at or near the town of Malasiqui, pueblo of Malasiqui, Province of Pangasinan, Island of Luzon, P. I., a place then, as now, under the military government of the United States, in company of, and consorting with, a band of ladrones, armed with deadly weapons, to wit, Mauser and Remington rifles and bolos, did feloniously and forcibly take from the presence of one Ambrosia Macaranos, native, monej^ to the amount of thirty pesos, more or less, and merchan- dise to the value of one hundred and fifty pesos, more or less, property of said Ambrosia Macaranos, he, said Enrico Alarcon, being then and there present aiding and cooperating with said band. This at the time and place above specified." Plea.— "Not guilty." Finding. — Of the first specification, first charge, "guilty except of the words ' Mauser and Remington,' and of the excepted words not guilty." Of the second specification, first charge, "guilty." Of the first charge, "guilty." Of the first specification, second charge, "guilty," except of the words 'Two hundred and fifty pesos, more or less, three saddles, value unknown; two horses, valued at fifty pesos, more or less, and merchandise to the value of two hundred and fifty pesos, more or less, the property of said Domingo Centeno,' substituting therefor the words 'one horse, value unknown, and one saddle valued at two and a half pesos,' and of the excepted words 'not guilty,' and of the substituted words guilty." Of the second specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Enrico Alarcon, a native, "To be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." 11. Esteban Palaganas. Chaege I. — "Murder." Specification 1. — "In that he, Esteban Palaganas, a native, on or about November 23, 1899, then, as now, a time of insurrection against the lawful authority of the United States, at the pueblo of Malasiqui, Province of Pangasinan, Island of Luzon, Pf I., a place then, as now, under the military government of the LTnited States, in company of, and consorting with, a band of ladrones, armed with deadly weapons^ to wdt, Mauser and Remington rifles and bolos, did call from their houses, bind, and carry to a secluded spot near the town of Malasiqui, Province of Pangasinan, Island of Luzon, P. I., and did there wilfully, feloniously, and with malice aforethought murder and kill the following-named natives, to wit, Antonio Mejia, local presidente of the pueblo of Malasiqui; Cecilio Bulatao, justice of the peace, pueblo of Malasiqui; Mecario Mejia, delegate, pueblo of Malasiqui; Felix Centeno, a delegate, pueblo of Malasiqui; Gavino Macasieb, delegate, pueblo of Malasiqui; Jacinto Centeno, a citizen of Malasiqui, by shooting them, the above-named natives, \^'ith said rifles, held in the hands of said band, inflicting wounds therewith whereof they, the above-named natives, did then and there die; he, the said Esteban Palaganas, being then and there present, aiding and cooperating with said band. This at the time and place above specified." Charge II. — "Robbery." Specification 1. — "In that he, Esteban Palaganas, native, on or about November 23, 1899, then, as now, a time of insurrection against the lawful authority of the United States, at the pueblo of Malasiqui, Province of Pangasinan, Island of Luzon, P. L, a place then, as now, under the military government of the United States, in company of, and consorting with, a band of ladrones armed with deadly weapons, to wit, Mauser and Remington rifles and bolos did feloniously and forcibly take from the presence of Maria Centeno, widow of murdered presidente of Malasiqui, a quantity of money and jewelry, valued at three hundred pesos, more or less, the property of the said ^Nlaria Centeno; and did, at the time and place above specified, feloniously and forcibly take from the presence of Francisco Macaraeg a quantity of money and valuables, value unknown, property of said Francisco Macaraeg; and did, at the time and place above specified, feloniously and forcibly take from the presence of Domingo Centeno two hundred and fifty pesos, more or less, three saddles, value unknown, two horses, valued at fifty pesos, more or less, and merchandise to the CHARGES OF CRUELTY, ETC., TO FILIPINOS. 97 value of two hundred and fifty pesos, more or less, the property of said Domingo Centeno; and did at the time and place above specified feloniously and forcibly take irotn the presence of Maria Cayabyab one hundred pesos, more or less, and a quantity of jewelry, value unknown, the property of the said Maria Cayabyab; and did, at the time and place above specified, feloniously and forcibly take from the presence of Matea Tuazon seventy pesos, more or less, and a quantity of jewelry, value unknown, the property of the said Matea Tuazon; he, the said Esteban Palaganus, aiding and cooperating with said band. This at the time and place above specified." Pleas.— "Not guilty." FixDiNCis. — Of the specification, first charge, "guilty, except of the words 'Mauser and Remington, ' and of the excepted words, not guilty. ' ' Of the first charge, ' ' guilty. ' ' Of the specification, second charge, "guilty, except of the words 'Mauser and Reming- ton,' and of the words 'value unknown, property of said Francisco Macaraeg,' substi- tuting for the latter the words ' valued at about four hundred pesos, property of said Francisco Macaraeg;' and except the words 'two hundred and fifty pesos, more or less, three saddles, value unknown, t\vo horses valued at fifty pesos, more or less, and merchandise to the value of two hundred and fifty pesos,' substituting therefor the words 'two horses, value unknown, and two saddles valued at five pesos,' and except of the words 'value unknown, the property of the said Maria Cayabyab,' substituting therefor the words ' valued at about one hundred pesos, the property of the said Maria Cayabyab,' and except of the words 'value unknown, the property of the said Matea Tuazon,' substituting therefor the words 'valued at about fifty pesos, the property of the said Matea Tuazon,' and of the excepted words not guilty, and of the substituted words guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Esteban Palaganas, native, " To be hung by the neck until dead, two-thirds of the members concurring therein, at such time and place as the reviewing authority may direct." III. Leopoldo Salvador. Charge I. — "Murder." Specification. — "In that he, Leopoldo Salvador, native, on or about November 23, 1899, then, as now, a time of insurrection, at or near the pueblo of Malasiqui, island of Luzon, P. I., a place then, as now, under the military government of the United States, in company of, and consorting with, a band of native men armed with deadly weapons, to wit, rifles, revolvers, and bolos, did wilfully, feloniously, and with malice aforethought kill and murder the following-named natives, to wit: Antonio Mejia, Cecilio Bolatao, Macario Mejia, Francisco Marcaraeg, Gabino Macacieb, Felix Cen- teno, and Juan Centeno, by shooting them, the said A. Mejia, Bolatao, M. Mejia, Macaraeg, Macacieb, F. Centeno, and J. Centeno, with said rifles and revolvers; and by stabbing them, the said A. Mejia, Bolatao, M. Mejia, ]Macaraeg, Macacieb, F. Centeno, and J. Centeno, with bolos, held in the hands of members of said band, inflicting wounds therewith whereof they, the said A. Mejia, Bolatao, M. Mejia, Macaraeg, Macacieb, F. Centeno, and J. Centeno, then and there died; he, the said. Leopoldo Salvador, being then and there present, aiding and cooperating with said band. This at the time and place above specified." Charge II.— "Robbery." Specification. — "In that he, Leopoldo Salvador, native, on or about November 23, 1899, then, as now, a time of insurrection, at or near the pueblo of Malasiqui, Island of Luzon, P. L, a place then, as now, under the military government of the L'nited States, did, at the point of a revolver, feloniously take, steal, and carry away from the house of one 5largarita Macaraeg, native, certain articles of clothing, of value unknown, the property of said Margarita Macaraeg. This at the time and place above specified." Plea.— "Not guilty." Finding. — Of the specification, first charge, "guilty, except of the words 'Juan Centeno' and 'J. Centeno' wherever they occur, and the word 'bolos' wherever it occurs, substituting for the latter word in each case the words 'bolos or bayonets,' and of the excepted words not guilty, and of the substituted words guilty." Of the first charge, "guilty." Of the specification, second charge, "not guilty." Of the second charge, "not guilty." Sentence. — x\nd the commission does therefore sentence him, Leopoldo Salvador, native," To be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing cases of Enrico Alarcon, Esteban Palaganas, and Leopoldo Salva- dor, natives, it appears of record that the first named was the leader and the two others active members of a band of ladrones, that, armed with rifles and bolos, al)out midnight entered the pueblo of Malasiqui and, surrounding the house of the presidente, induced him by threats to give orders that the cabezas and other oflicials S. Doc. 205, pt 2 7 98 CHARGES OF CRUELTY, ETC., TO FILIPINOS. of the pueblo should assemble at his house, which being done, the band bound them, and after a delay sufficient to accomplish the looting of the houses of their captives, marched them to a point a few yards beyond the limits of the pueblo and there with rifles shot them to death. Eobbery appears to have been the sole inducement for committing this barbarous murder of respected and laAv-abiding citizens of ]Malasiqui. The sentences, approved by the department commander, are confirmed, and will be duly excuted at the pueblo of Malasiqui, Province of Pangasinan, Luzon, P. I., on the fifteenth (15) day of February, A. D. 1901, under the direction of the com- manding general. Department of Northern Luzon. By command of Major-General Mac Arthur: Thomas H. Baery, Brigadier-General, United States Volunteers, Chief of Staff. Headqt'Aetees Division of the Philippines, Manila, P. I., January 26, 1901. General Orders, No. 16. Before a mihtary commission which convened at Binalonan, province of Pangasinan, Luzon, P. I. , pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, 13th U. S. Infantry, was president, and First Lieut. Harvey AV. Miller, 13th L^. S. Infantry, was judge-advocate, were arraigned and tried Pascual Camarao and Leocadio Andres, natives. Chaege I. — "Assault and battery with intent to do bodily harm." Specification. — "In that they, Pascual Camarao and Leocadio Andres, natives, in company of and consorting with armed outlaws to the number of eight, more or less, did, in time of insurrection, enter the barrio of San Felipe, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military opera- tions, and did unlawfully seize, bind, and conduct therefrom, with intent to do bodily harm, Ambrosio Raymondo and Andres Villaflor, natives, lawfully residing in said barrio. This at the place above specified on or about December 24, 1899." Charge II. — "Murder." Specif cat ion. — "In that they, Pascual Camarao and Leocadio Andres, natives, in company of, and consorting with a band of outlaws, eight, more or less, in number, armed with guns and bolos, did willfully, feloniously, and with malice aforethought, mii]-der and kill Ambrosio Raymondo, native, by cutting and stabbing the said Ray- mondo with bolos held in the hands of the said Camarao and Andres and of the said outlaws, inflicting wounds therewith whereof he, the said Raymondo, then and there died. This in time of insurrection on or about December 24, 1899, at or near the barrio of Santo Domingo, pueblo of San Manuel, province of Pangasinan, P. I., a place then, as now, in the theater of military operations." Pleas.— "Not guilty." Findings. — "Guilty." Sentence. — And the commission does therefore sentence them, Pascual Camarao and Leocadio Andres, natives, and each of them, "To be hung by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Pascual Camarao and Leocadio Andres, natives, who were jointly tried, it appears from the evidence that Pascual Camarao had been denied the privilege of cutting bamboo from the property owned by the deceased. No other motive appears to explain why, with a band of follow^ers, he kidnaped, carried away, and, with the assistance of Leocadio Andres, with bolos, delivered the fatal blows which took the life of a law-abiding man. The sentences, as approved by the department commander, are confirmed and will be duh' executed at pueblo of San Manuel, province of Pangasinan, Luzon, P. L, on the fifteenth (15th) day of February, A. D. 1901, under the direction of the command- ing general. Department of Northern Luzon. By command of Major-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. CHARGES OF CRUELTY, ETC., TO FILIPIXOS. 99 Headquarters Division of the Philippines, Manila, P. I., January 25, 1901. General Orders, No. 17. Before a military commission Avhich convened at Dagupan, province of Pangasinan, Luzon, P. I., pursuant to paragraph 14, Special Orders, No. 178, Headquarters Depart- ment of Xorthern Luzon, October 24, 1900, and of which 3Iaj. Charles A. AVilliams, Seventeenth United States Infantry, was president, and First Lieut. Thomas L. Smith, Seventeenth United States Infantry, was judge-advocate, were arranged and tried: Julian Robillos, Dalmacio Robillos, Eugenio Soverano, Mariano Doria, Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, and Garciano Mislang, natives. Charge I. — "Murder." Specification. — "In that Julian Robillos, Dalmacio Eobillos, Eugenio Soverano, Mariano Doria, Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario INIanaoes, and Garciano Mislang, natives, and each of them, being members of a band of natives armed with firearms and bolos, on or about March 1, 1900, a time then, as now, of insurrection against the lawful authority of the United States in territory then, as now, occupied by United States troops, did willfully, feloniously, and with malice aforethought kill and murder Gregorio Mamaril, Valentina Mamaril, Francisco Bau- tista, Dorotea Bautista and Policarpio Bautista, by cutting them the said Gregorio Mamaril, Valentina Mamaril, Francisco Bautista, Dorotea Bautista, and Policarpio Bautista, with bolos held in the hands of members of the said band, names unknown, inflicting womids therewith, whereof the said CTregorio Mamaril, Valentina Mama- ril, Francisco Bautista, Dorotea Bautista, and Policarpio Bautista, then and there died. This in or near the barrio Canaoalan, Binmaley, Pangasinan, P. I., on or about the date specified." Charc+e II. — "Kidnax)ing." Specification. — "In that Julian Robillos, Dalmacio Robillos, Eugenio Soverano, Mariano Doria, Eulogio Eoria, Augustin Yson, Juan Fernandez, Hilario Manaoes, and CTarciano Mislang, natives, and each of them, being members of a band of natives armed with firearms and bolos, on or about March 1, 1900, a time then, as now, of insurrection against the lawful authority of the L'. S. in territory then, as now, occu- pied by U. S. troops, did unlawfully, feloniously, and forcibly seize and take from their house and conduct away from the said house, against their will, Gregorio Mam- aril, Valentina Mamaril, Francisco Bautista, Dorotea Bautista, and Policarpio Bau- tista. This in or near the barrio of Canaoalan, Binmaley, Pangasinan, P. I., on or about the date specified." Charge III.— "Arson." Sj:)ec{ticc(tion. — "In that Julian Robillos, Dalmacio Robillos, Eugenio Soverano, ^Mariano Doria, Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, and Garciano Mislang, natives, and each of them, being members of a band of natives armed with firearms and bolos, on or about !March 1, 1900, a time then, as now, of insurrection against the lawful authority of the U. S. in territory then, as now, occu- pied by U. S. troops, did willfully, feloniously, and maliciously set fire to and burn a dwelling house, the property of and occupied by Gregorio Mamaril. This in or near the barrio of Canaoalan, Bmmaley, province of Pangasinan, P. I., on or about the date specified." Charge IV. — "Conduct to the prejudice of the good order and peace of the prov- ince of Pangasinan." Specification. — "In that Julian Robillos, Dalmacio Robillos, Eugenio Soverano, Mariano Doria. Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, and Cxarciano ^lislang, natives, and each of them, did collect, or attempt to collect, money for the support of so-called insurgent soldiers, enemies of the United States in the field. This in the barrio of Canaoalan, Binmaley, province of Pangasinan, terri- tory then, as now, occupied by U. S. troops during the months of January, Feb- ruary, March, and April, 1900, a period then, as now, of insurrection against the lawful authoritv of the Ignited States." Pleas.— "Xot guilty." findings. Of the specification, first charge, "guilty except of the words 'March 1, 1900,' substituting therefor the words 'Decem])er 9, 1899.' 04 the excepted words, not guilty and of the substituted words, guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except of the words '^March 1, 1900,' substituting therefor the words 'December' 9, 1899.' Of the excepted words, not guilty, and of the substituted words, guilty." 100 OHAEGES OF CRUELTY, ETC., TO FILIPINOS. Of the second charge, "guilty." Of the specification, third charge, "not guilty." Of the third charge, "not guilty." Of the specification, fourth charge, "guilty except of the words 'January and February.' Of the excepted words, not guilty." Of the fourth charge, "guilty." Sentence. — And the commission does therefore sentence them, Dalmacio Robillos, Eugenio Soverano, ^Mariano Doria, Enlogio Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, and Garciano ^Mislang, and each of them, "To be confined at hard, labor, at such place as the reviewing authority may direct, for the period of thirty years;" and the said Julian Robillos, "To be confined at hard labor, at such place as the reviewing authority may direct, for the period of his natural life." In the foregoing case of Julian Robillos, Dalmacio Robillos, Eugenio Soverano, Mariano Doria, Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, and Garciano Mislang, natives, who were jointly tried, it appears of record that a band of men armed with rifles, pistols, and bolos, seized in the nighttime a family of five persons, and taking their captives less than four hundred yards away, killed them with bolos and left their bodies lying dead upon the margin of a fish pond. One of the family, a woman, escaped after she had been threatened with violence by these accused, whom she had long known, plainly recognizee!, and saw them carry away her relatives — the deceased. Her testimony is confirmed by many wit- nesses in relation to the kidnaping, finding the dead bodies, and their burial. One witness, an ex-policeman, testified he followed the band, and from a short distance saw them deliver with bolos the fatal wounds whereof their victims died. The motive for the murcier— clearly brought out in the evidence — was the punish- ment of a family that had refused to pay taxes for the support of the insurgent forces. There being no reasonable doubt that these accused are guilty as charged, their sen- tences — approved by the department commander — are confirmed and will be duly executed. The Presidio de Manila is designated as the place of confinement, to which place the prisoners will be sent under proper guard. By command of Major-CTeneral MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., January ^5, 1901. General Orders, No. 18. Before a military commission which convened at Tanauan, province of Batangas, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 192, Headquarters Depart- ment of Southern Luzon, October 24, 1900, and of which Major John H. Parker, 39th Infantry, U. S. Volunteers, was president, and 1st Lieutenant Edward H. AVhite, S9th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried. I. Francisco Rubio, native. Charge. — " Being a spy." Specification 1. — "That he, Francisco Rubio, native, a recruiting agent of the insur- recto forces, did enter the town of Tanauan, P. I., in white clothing, not the uniform of said forces, and did observe the drills, exercises, and inspections of the troops of the L'nited States there stationed. This at Tanauan, province of Batangas, Luzon, P. I. , then, as now, in time of insurrection against the L^uited States, between the dates of September 10 and 30, 1900— about the 15th of September, 1900." Specification 2. — "In that he, Francisco Rubio, native, did lurk about the lines of the forces of the L^nited States, engaged in seeking information of a military nature, namely, the disposition of the inhabitants of the vicinity of Tanauan, province of Batangas, Luzon, P. L, toward the insurgent army, and the names of such inhab- itants of said vicinity as were willing to serve as soldiers in the insurgent army. This at and near Tanauan, province of Batangas, Luzon, P. I., between the dates of Sep- tember 8 and September 20, 1900, then, as now, in time of insurrection against the United States." Plea.— "Not guilty." Finding. — Of the first "specification, "guilty, except of the words 'September 10 and September 30, 1900 — about the 15th^ of September, 1900,' substituting therefor the words 'between the dates of September 1 and September 12, 1900,' and of the excepted words not guilty and of the substituted word guilty." Of the the second specification, "guilty." Of the charge, "guilty." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 101 Sentence. — And the oonimission does therefore sentence him. Francisco Rubio, native. " to be hanged by tlie neck, at snch a place and time as the reviewing author- ity may direct, until he is dead, two-thirds of the members of the commission therein concurring. ' ' In the foregoing case of Francisco Rubio, native, it appears from the record that the accused was a stranger to the inhabitants of Tanauan; that he came among them as a teacher of a new society and exhorted the people to go with their families into the mountains, there " to learn the new religion,*' and offering as further induce- ment that at the place of worship in the mountains there was nothing to do and plenty to eat; that he succeeded in getting a large number of people about him and so disturbed and excited them that they left their ordinary avocations in such num- bers that the presidente of the pueblo deemed it his duty to arrest and restrain him, A few days after his arrest the accused sought an interview with the commanding ofticer of the American forces and voluntarily revealed to him that he was a captain of insurgents and claimed the treatment due to his rank: that he had then secured many recruits in Tanauan for the insurgent forces, and that his object in teaching a new religion was to induce the people to go to the mountains, knowing that if he could get the families there it would then be an easy matter to make insurrectos of the men. That the accused practiced deception upon the credulous among the people sub- stantially after the manner and for the purpose described; and that incidentally he acted the part of a spy the evidence of many witnesses leaves no reasonable doubt. In his action upon the case the department commander remarked as follows: "Two of the members of the commission and the judge-advocate were material witnesses against the accused. Though the trial seems to have been conducted with entire fairness by the commission, yet the counsel for the accused, upon learning that members of the commission were to appear as witnesses for the prosecution, should have exercised his right of challenge. " There being no doubt, however, in the mind of the department commander of the guilt of this native and his deserving the penahy imposed by the sentence of the commission, the sentence is approved. But, in view of the circumstances mentioned above, it is recommended that the sentence be mitigated to continement at liard labor for twenty years." The foregoing remarks of the department commander are concurred in and the sentence, as approved and recommended for mitigation, is confirmed, and will be duly executed at the Presidio de ^Manila, to which place the prisoner will be sent under proper guard. II. Francisco Rubio, Elagio Malales (alias Eulogio Maloles),Vincente biotas (alias Vicente biotas) , Pantaleon ^lasunsong, Valentine ^lercado, Camilo Carandang. Felix Binas (alias Feliz Binas), Andoy Rimas, Baldomero Austria, and Leon Tabier, natives. Charge.^" Being war rebels." Spi'citicatioi) 1. — "In that Vincente ^Nlotas (alias Vicente ^lotas), Francisco Rubio, Elagio Malales (alias Eulogio ^faloles), Pantaleon Masunsong. Valentine ^lercado, Camilo Carandang, Felix Binas (alias Feliz Binas), Andoy Rimas. Baldomero Austria, and Leon Tabier, natives, and other natives whose names are unknown, l^eing citizens of and living and remaining in territory occupied by the United States Army, said territory being under military government, established by the United States, did confederate, combine, conspire, and agree to rise in armed violence against the forces and authority of the United States in said territory. This in time of insurrection, at or near the pueblo of Tanauan, province of Batangas, Luzon, P. I., during the month of September, 1900." Specification 2. — ''In that Vincente biotas (alias Vicente Motas), Francisco Rubio, Elagio Malales (alias Eulogio Maloles) , Pantaleon Masunsong, Valentine Mercado, Camilo Carandang, Fehx Binas (alias Feliz Binas), Andoy Rimas, Baldomero Austria, and Leon Tabier, natives, being citizens of and living and remaining in territory occupied by the United States Army, said territory being under military government established by the United States, did rise in arms against the forces and authority of the United States in said territory. This in time of insurrection, at or near the l>uebloof Tanauan, province of Batangas, Luzon, P. I., during the month of September. 1900." Specification S. — "In that Vincente Motas (alias Vicente Alotas), Francisco Rubio, Elagio Malales (alias Eulogio ^Lilolcs), Pantaleon ^lasunsong. Valentine ^lercado, Camilo Carandang, Felix Binas (alias Feliz Binas), And.\v Rimas, Baldomero Aus- tria, and Leon Tabier, natives, and other natives whose names are unknown, being citizens of and living and remaining in territory occupied by the United States Army, said territory being under military government established by the United States, aiid having combined and conspired to rise in armed \ iolence against the forces and authority of the United States in said territory, did advise, encourage, and endeavor 102 CHARGES OF CRUELTY, ETC., TO FILIPINOS. to persuade other natives, peaceable citizens of said territory, to join with them in rising in armed violence against said forces and authority of the United States. This in time of insurrection, at or near the pueblo of Tanauan, province of Batangas, Luzon, P. I., durins: the month of September, 1900." Pleas. — ' ' Xot guilty. ' ' Findings. — Francisco Eubio. Of the 1st specification, "guilty;" of the 2d specifi- cation, "guilty;" of the 3d specification, "guilty;" of the charge, "guilty." Elagio Malales (alias Eulogio Maloles): Of the first specification, "guilty;" of the second specification, "not guilty;" of the third specification, "guilty;" of the charge, "guilty." Vincente Motas (alias Vicente Motas), Pantaleon Masunsong, A^alentine Mercado, Caniilo Carandang, Felix Binas (alias Feliz Binas), Andoy Rimas, Baldomero Austria, and Leon Tabier: "not guilty." Sentence. — And the commission does therefore sentence him, Francisco Rubio, native, "to be hanged b}^ the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members of the commission therein con- curring." And the commission does therefore sentence him, Elagio Malales (alias Maloles), native, "To be confined at hard labor, at such a place as the reviewing authority may direct, for a period of nineteen (19) years." And the commission does therefore acquit Vincente Motas (alias Vicente Motas), Pantaleon Masunsong, Valentine Mercado, Caniilo Carandang, Felix Binas (alias Feliz Binas) , Andoy Eimas, Baldomero Austria, and Leon Tabier. In the foregoing case of Vincente Motas (alias Vicente Motas), Francisco Rubio, Elagio Malales (alias Eulogio Maloles), Pantaleon Masunsong, Valentine Mercado, Camilo Carandang, Felix Binas (alias Feliz Binas) , Andoy Rimas, Baldomero Austria, and Leon Tabier, natives, who were jointly tried, there is much evidence going to show that all these accused, except Francisco Rubio, had been recruited in Tanauan for the insurgent forces. The commission, however, has found that these men w^ere not recruited in Tanauan and are not guilty in any manner or form of raising "in armed violence" against the authority of the United States, except Francisco Rubio and Elagio Malales (alias Eulogio Maloles). In the case of the said Malales (alias Maloles) the record reveals no reason why he was excepted from those of the accused who were acquitted, except only that he appears to have been a stranger in Tanauan. This distinction appears to lack sufficient significance for the finding and sentence in his case, W'hich are therefore disapproved. In the case of Francisco Rubio, this accused had recenth' been tried, convicted of, and sentenced to be hanged for "being a spy;" and the prosecution in that case relied upon practically the same state of facts as that developed in this. While it may be urged with much force that this is not a second trial within the meaning. of the con- stitutional prohibition that no man shall be tried a second time for the same offense, it nevertheless too severely strains the accepted rules whereby the question whether or not a second trial has been had, to relieve the case of all doubt of its illegality. In view of the foregoing remarks, the proceedings, findings, and sentence in the case of this accused are therefore disapproved. By command of Major-General Mac Arthur: Thomas H. Baery, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquartees Division of the Philippines, Mcniila, P. I., February 1, 1901. General Orders, Xo. 22. Before a military commission which convened at Santa Maria, province of Bulacan, Luzon, P. L, pursuant to paragraph 1, Special Orders, No. 53, Headquarters Depart- ment of Northern Luzon, June 15, 1900, and of which Maj. Albert Laws, 35th Infan- try, U. S. A^olunteers, was president, and First Lieut. Alvin C.Voris, 35th Infantry, L"^. S. Volunteers, was judge-advocate, was arraigned and tried Roberto Mendoza, native. Ch a rge. — ' ' Murder. ' ' Specification. — "In that Roberto Mendoza, native, in company of, and consorting with, a band of armed outlaws of certain Filipinos, names and numbers unknown, under the leadership of one Bonifacio IMorales, did feloniously, willfully, and with malice aforethought murder and kill one Juan de Vera, a Filipino, by cutting his throat with a bolo, held in the hands of said band, thereby causing the death of the CHARGES OF CRUELTY, ETC., TO FILIPINOS. 103 said Juan de Vera. This in time of insurrection at Sitio de Bajaypari, province of Bulacan, P. I., on or about the 19th day of September, 1900." Plea.— "Not suilty." Finding.— "Guilty." Sentence. — And the commission does, therefore, sentence him, Roberto Mendoza, a native, ' ' to l3e hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Roberto IMendoza, native, it appears from the evidence that the accused was a ' ' teniente " of a band of insurrectos under the leadership of one Lieutenant Colonel Bonifacio Morales; that the said Morales had caused Juan de Vera to be seized and delivered to him, and without accusation or form of trial had directed the accused to kill him. In obedience to this unlawful order the accused took the deceased, who was bound and helpless, into the fields, where he was made to sit down, and while the accused held his hands, "his assistant," Juan de la Cruz, held his head and with a knife cut his throat and thereby inflicted a wound from W'hich the said Juan de Vera then and there died. Officers and soldiers of the band of insurgents to which the accused belonged tes- tify that he did this murder in the manner described, and say that the only reason for taking the life of this unoffending man was because he was a kinsman of Juan Jose, who was chief of police of Santa Maria under American authority. The law absolves all officers and soldiers who disobey the unlawful orders of their superiors, and they fall under its condemnation if, in obedience to such unlawful orders, they take the life of any person. As an officer of insurgents the accused must be presumed to have had sufficient intelligence to have understood the reason, well known by his comrades, why he was called upon to take the life of the deceased, whom he well knew had done no wrong. It was the plain duty of the accused to refuse to act the part of a murderer. . The sentence, approved by the Department Commander, is confirmed, and will be duly executed at the pueblo of Santa Maria, province of Bulacan, Luzon, P. I., on the fifteenth ( 15th ) day of February, A. D. 1901, under the direction of the commanding general. Department of Northern Luzon. By command of Ma jor-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., February 1, 1901. General Orders, No. 23. Before a military commission which convened atTarlac, province of Tarlac, Luzon, P. I., persuant to paragraph .3, Special Orders, No. 193, Headquarters Department of Northern Luzon, November 9, 1900, and of which Maj. Henry C. Ward, 12th U. S. Infantry, was president, and First Lieut. George H. Shields, jr., 12th U. S. Infantry, was judge-advocate, was arraigned and tried Geronimo Velasco, native. Charge. — "Violation of the laws of war." Specification. — "In that Geronimo Velasco, being an insurgent officer, and having surrendered on the 22d day of May, 1900, to the United States authorities at Tarlac, province of Tarlac, P. I., and having on the 21th day of May, 1900, voluntarily taken an oath to bear true faith and allegiance to the L^'nited States Government, did, in violation of said oath and the laws of war, retain in his custody and control at time of such surrender, and subsequently, a number of rifles — 50 more or less — with 2,000 rounds of ammunition more or less — a part of said ammunition being loaded with explosive bullets; which rifles and ammunition the said Velasco did issue from time to time to various parties for use in arming parties for the purpose of intim- idating the natives in the pueblo of Victoria and adjoining territory, and aiding and maintaining guerrilla warfare and unlawfully resisting the authority of the LTnited States. This in time of insurrection and within the theater of military operations in said province, between the 22d day of Mav, 1900, and the 1st dav of December, 1900." Plea.— "Not guilty." Finding. — Of the specification, "guilty, except the word 'retain,' substituting therefor 'have,' and except the words 'at the time of such surrender and;' of the excepted words not guilty, and of the substituted word guilty." Of the charge "guilty." Sentence. — And the commission does therefore sentence him, Geronimo Velasco, "to be confined at hard labor, at such place as the reviewing authoritv may direct, for the period of twenty years." In the foregoing case of Geronimo Velasco, native, it appears from the evidence 104 CHAEGES OF CRUELTY, ETC., TO FILIPINOS that the accused held the rank^of major in the insurgent forces; that, in May, 1900,. he vohmtarily surrendered and took the oath of allegiance to the United States; that he turned in, at the time of his surrender and subsequently thereto, three hundred and twenty rifles, more or less, and was paid by the United States at the rate of 30 j)esos for each rifle. Later it developed that he had left in charge of a trusted insur- gent about fifty rifles additional which he had power to surrender but did not, and which by written and verbal orders he caused to be distributed among the people where they became available for the use of the insurgents remaining in the hills. In his written orders upon his trusted agent, directing him to deliver rifles and ammunition to parties he named, the words "roosters" and "palay" were used, which by a prior understanding between them were to be translated as rifles and ammunition. In explaining his conduct before the commission the accused said that the words quoted were used "because there might be ladrones who would find that there were guns and get them for themselves," and " in order not to compro- mise anyone." He also claimed that he had been actuated b}^ the humane motive of arming his friends against the ladrones and urged, in addition, that he had acted upon the orders of his former insurgent chief. General Macabulos, who had also sworn allegiance to, and was then living under the protection of the United States. The accused admitted that he knew that General Macabulos had no authority to- give him orders in the premises, and also that when he had been questioned by the American authorities concerning the rifles he had failed to surrender, that he denied all knowledge of them and that, in this, he answered falsely. That the accused is guilty as charged and that, taken as a whole, his conduct as revealed by the evidence was such as to fully negative his defense — that he acted from worthy motives without treasonable intent — there is no reasonable doubt. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., February 1, 1901. General Orders, No. 24. Before a military commission which convened at San Felipe Nery and El Deposito^ Province of Manila, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 197, Headquarters Department of Northern Luzon, November 14, 1900, and of which Lieut. Col. George L. Byram, Twenty-seventh Infantry, U. S. Volunteers, was presi- dent, and Capt. Charles R. Howland, Twenty-eighth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried: I. Bonaventura Domingo, native. Charge. — "Communicating with the public enemy, in violation of the laws and usages of war." Specification. — "In that Bonaventura Domingo, a native, having been duly elected, under the provisions of G. 0., No. 43, Headquarters Department of the Pacific and Eighth Army Corps, series 1899, local presidente of, and being at the time a resident of the town of San Felipe Nery, did write or cause to be written, and did sign, as local presidente, and did deliver or cause to be delivered to one Licerio Geronimo, a chief of a band of insurgents in rebellion against the authority of the United States and known by the title 'The superior military chief of the district of Morong and of the 2d and 3d zones of Manila,' a letter in words and figures as follows: Preside Local de San Felipe Nery, 3 Ob«. 1900. "Ajunto tengo el honor de remitir a V. original del acta de la sesion celebrada en el dia diez y seis del actual referente al relevo del Vice-Presidente Sr. Fructuoso de Torres, por encontrarse continuamente enfermo e imposibilitado para ejercer lo dicho cargo, y resulto clespues de una larga y detenida conferencia con mayoria de votos recayo'la suerte al Sr. Manuel Castaiieda de esta misma vecindad en clase de pro- visional como aparece en el espresacla acta que los electores consideran apto y reune las circumstancias legales para el desempeno del espresado cargo. El que suscribe no puede nienos de participar a V. con inclusion de la referida acta, rogdndole al pro- pio tiempo por si e su superior agrado se digne aprobar sea ya el propietario Vice- Presidente, Puesto que este individuo por su estado y modo de proceder es digno de coadyubar en los preferentes despachos de esta presidencia. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 105 ' ' No obstante de lo espuesto su alto criterio dispondni lo que estime procedente dictar. " Dios guarde :'i V. muchos ailos. Sn. Felipe Xery, 29 de Setiembre de 1900. "El PresicV*^. Local. Biienav'^. Domingo.', (Addressed on outside to) "Sor. Jefe Superior Militar del D'to de Morong y de la 2^ y 3^ zona de Manila." "This in time of insurrection against the authority of the United States and in vio- lation of the laws and usages of war, at the said town of San Felipe Xery, Province of Manila, P. I., and other places unknown, on or about September 29, 1900." Plea.— "Not guilty." Finding. — Of the specification, "guilty, except the words 'elected under the pro- visions of G. 0., No. 43, Headquarters Department of the Pacific and Eighth Army Corps, series 1899, local presidente,' substituting therefor the words 'appointed, under the provisions of General Field Orders, No. 44, Headquarters First Division, Eighth Army Corps, local vice-presidente,' — of the excepted words, not guilty; of the substituted words, guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Bonaventura Domingo, native, "to be confined at hard labor, in such prison as the reviewing, authority may direct, for the period of his natural life." In the foregoing case of Bonaventura Domingo, native, it appears from the evi- dence that the accused accepted office under the authority of the United States in July, 1899, and that he continued in office, under said authority, as vice-presidente and^ presidente of the pueblo of San Felipe Nery until November, 1900, when the letter copied into the specification was, with other evidence of treasonable correspond- ence, captured in a camp from which a band of insurgents had been routed by Ameri- can troops. It further appears from the evidence in the case that the accused, while outwardly performing the duties of presidente under American authority, was also surrepti- tiously acting in like capacity for the insurgents in the same jurisdiction, and held an official session of the "presidencia local" for the purpose of appointing a vice- presidente to officiate in the interests of the insurgents. The.-e acts clearly proven constitute the accused a war traitor. Upon this class of secret and most dangerous offenders the laws of war authorize the most extreme penalties. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. II. Bonaventura Domingo, Paulino de los Reyes, Venancio Latorre, Domingo O. Santos, and Vicente Castillo, natives. CharctE. — "Instituting a revolutionary government in a town occupied and held by the forces of the United States, and exercising the functions of government as a revolutionary body in said town, contrary to the laws and usages of war." ^Specification. — "In that Bonaventura Domingo, Paulino de los Reyes, Venancio Latorre, Domingo 0. Santos, and Vicente Castillo, did, each one of them, in con- junction with all the others above named, and other persons unnamed, form a revo- lutionary government in the town of San Felipe Nery, province of Manila, Philippine Islands, said town being then, as now, under the jurisdiction of the United States and occupied by its armed forces, and did exercise the functions of a town govern- ment by passing an act of the council in words and figures as follows: "Presid". Local de San Felipe Nery. Nombres. Buenav. Domingo, Cosmo Carlos,. Florencio Ynocentes, Paulino de los Reyes, Venancio Latorre, Domingo O. Santos, Mariano de Guzman, Rafael Anastasio, Vicente Castillo, Julio Arcangel, Rufino Pascual . _ "En la Presidencia Local de San Felipe Nery, a diez y seis de Setiembre de mil nove- cientos, reunidos en Junta ordinaria los individuos que la componen y que al margen SB expresan, bajo la Presidencia del Senor (Vice) Presidente Don Buenaventura Domingo. Declarada abierta la sesion y leida el acta anterior dicho Sefior Presi- dente tomo la palabra manifestando a los presentes que el Vice-Presidente, Sr. Fruc- tuoso R. de Torrez, se hallando continuamente enfermo, Cjuedando por este motivo imposibilitado para ejercer su cometido, y necesitando nombrar otro en clase de pro- visional interin no se halle restablecido por la enfermedad que padece dicho Seiior Fructuoso con el fin de poder coadyudar en los preferentes despachos; la Junta enterada de esto con unanimidad proponen al Seiior flannel Castaneda, vecino de este dicho pueblo, (^ue los componentes de la Junta consideran apto para el desempeiio del expresado cargo en vista de que este reune las condiciones legales sobre el par- ticular. Siendo la hora de las doce en punto de este dia y no teniendo otra cosa mils que tratar, se levanto la sesion, firmaron despues del que preside el acto los que se hallan presentes, de que yo el Secretario certifico— Entre parentesis — Vice — no vale. 106 CHARGES OF CRUELTY, ETC., TO FILIPINOS. ' ' Pasan las firmas: Buenav ^ Domingo, Cosme Carlos, Paulino de los Reyes, Domingo Ondaz, Rafael Anastacio, Florencio Ynocentes, Venancio Latorre, Mariano de Guzman, Vicente Castillo, Julio Arcangel, Ruf " Pascual." "This in time of insurrection against the authority of the United States and in violation of the laws and usages of war, at the said town of San Felipe Nery, province of ^Manila, Philippine Islands, on September 16, 1900." Pleas.— "Not guilty." Findings. — Bonaventura Domingo: Of the specification, "guilty, except the words 'in conjunction with all the others above named, and other persons unnamed,' and substituting therefor the words, 'with other persons unnamed;' of the excepted words, ' not guilt}^ ' ; of the substituted words, 'guilty.' " Of the charge, "guilty." Paulino de los Reves, Venancio Latorre, Domingo 0. Santos, and Vicente Castillo: "Not guilty." Sentence. — And the commission - does therefore sentence him, Bonaventura Domingo, native, "to be confined at hard labor, at such prison as the reviewing authority ma}' designate, for the period of twenty (20) years." And the commission does therefore acquit them, Paulino de los Reyes, Venancio Latorre, Domingo 0. Santos, and Vicente Castillo, natives. In the foregoing case of Bonaventura Domingo, Paulino de los Reyes, Venancio Latorre, Domingo O. Santos, and Vicente Castillo, natives, who Avere jointly tried, all save the defendant Bonaventura Domingo were acquitted by the commission and have been set at liberty. A plea in bar of trial was entered by Bonaventura Domingo upon the ground that he had once been tried for the same offense, and "that a conviction or acquittal of the one must necessarily convict or acquit of the other," which plea was overruled by the commission. As the evidence reveals the same state of facts in the one case as in the other, it is plain that the commission erred in overruling the plea in bar. The finding and sentence in the case of this accused are therefore disapproved. By command of Major-General MacArthur: Thomas H. Baery, Brigadier-General, U. S. Volunteers, Chief of Staff . Headquarters Division of the Philippines, Manila, P. I. , February 4, 1901. General Orders, No. 25. Before a military commission which convened at Jaro, Panay, P. I., pursuant to Paragraph III, Special Orders, No. 120, Headquarters Department of the Visayas, August 20, 1900, and of which Colonel Edmund Rice, 26th Infantry, U. S. Volun- teers, was president, and Captain Edwin F. Glenn, 25th U. S. Infantry, was judge- advocate, were arraigned and tried Damiano Sabido and Mariano Tabanbungua, natives. Charge I. — "Committing acts of hostility in violation of the laws of war, section 4, 'Instructions for the government of the armies of the United States in the field.' " Specification 1. — "In that on or about the 30th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of San Bias, Island of Panay, P. L, a place then, as now, a part of the territory of the L^nited States, and under its mili- tary government, Damiano Sabido and Mariano Tabanbungua, natives and members of the police force of the pueblo of San Miguel, did, while still pursuing peaceful pursuits as said policemen, and contrary to the laws and usages of war in such cases made and provided, participate in an attack upon three United • States soldiers, members of Company I, 26th Infantry, U. S. V., and upon a citizen of the United States, to wit, one John INI. Dean, by then and there shooting at the said United States soldiers and said citizen of the United States, with guns held in the hands of the said Damiano Sabido and Mariano Tabanbungua, and which said assault, so made as aforesaid, resulted in the serious wounding by gunshot of two of the aforesaid soldiers, to wit, Herbert B. Spencer and Charles F. Fish." Specif cation 2. — "In that on or about the 9th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the puel)lo of San Miguel, Island of Panay, P. L, a place then, as now, a part of the territory of the United States, and under its mili- tary government, Damiano Sabido and ^Mariano Tabanbungua, natives and members of the police force of the said pueblo of San Miguel, did, while still pursuing peaceful pursuits as said policemen, and contrary to the laws and usages of war in such cases made and provided, participate in an attack upon three LTnited States soldiers, mem- bers of Gordon's Detachment of Mounted Infantry, by then and there shooting at the said United States soldiers, with guns held in the hands of the said Damiano CHARGES OF CRUELTY, ETC., TO FILIPINOS. 107 Sabido and ]\Iariano Tabanbungua, and which gaid assault, so made as aforesaid, re- sulted in the death, by gunshot wound, of two American horses, then and there ridden bv tho members of the said detachment of three United States soldiers." "Plea.— "Not guilty." Findings. — Of the first specification, "guilty, except the words 'made and pro- vided,' and except the words 'of the said Damiano Sabido and Mariano Tabanlningua,' substituting for the latter the words 'of members of the attacking party;' of the ex- cepted words, not guilty; of the substituted words, guilty." Of the second specifica- tion, "guilty, except the words 'made and provided,' and except the words 'of the said Damiano Sabido and Mariano Tabanbungua,' substituting for the latter Avords 'of members of the attacking party;' of the excepted words, not guilty, and of the substituted words, guilty." Of the charge, "guilty." Sentence. — And the commissson does therefore sentence him, Damiano Sabido, "To be confined at hard labor, at such place as the reviewing authority may direct, for the period of twenty years." And the commission does therefore sentence him, Mariano Tabanbungua, "to be confined at hard labor, at such place as the reviewing authority may direct, for the remainder of his natural life." In the foregoing case of Damiano Sabido and Mariano Tabanbungua, natives, it appears from the evidence that the accused were regularly appointed policemen of the pueblo of San 31iguel under American authority, and that while so employed they were members of a band of insurgents lurking in the vicinity of the said pueblo, and on two occasions secretly joined said band and, contrary to the laws of war, traitor- ously participated in an attack made upon American troops, resulting in the death of one and the wounding of two other American soldiers. Being war traitors of a most dangerous class, their sentences, approved by the department commander, are confirmed and will be duly executed, except that the period of confinement in the case of Mariano Tabanbungua is upon the recommenda- tion of the department commander mitigated to confinement at hard labor for the period of twenty (20) years. The Presidio de ]Manila is designated as the place of confinement, to which place the prisoners will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Baery, Brigadkr-General, U. S. Volunteers^ Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, February 4, 1901. Gen(!ral Orders, No. 26. Before a military commission which convened at San Fernando, Province of Pam- panga, Luzon, P. I., pursuant to paragraj^h 1, Special Orders, Xo. 230, Headquarters Department of Northern Luzon, December 19, 1900, and of which Lieutenant-Coionel Greenleaf A. Goodale, 3d L^. S. Infantry, was president, and Captain William R. Sample, Adjutant 3d L^. S. Infantry, was judge-advocate, was arraigned and tried Eusebio Rojas, native. Charge L— "Murder." Specif catio)i 1. — "In that Eusebio Rojas, styling himself a 1st lieutenant of infantry in the insurgent forces under the command of one J. Alejandrino, a notorious outlaw, did willfully, feloniously, and with malice aforethought murder and kill Dalmatio Sicat, a native lawfully residing on the barrio Sagun of San Fernando, Province of Pampanga, Island of Luzon, by ordering and causing said Sicat to be buried alive in his presence. This in the month of October, 1900, at a place called Culub Cabaya, in the pueblo of Bacolor, Province of Pampanga, Island of Luzon, within a district then, as now, in insurrection against the United States." Specification 2. — "In that Eusebio Rojas, styling himself a 1st Heutenant of infantry in the insurgent forces, under the command of one J. Alejandrino, a notorious out- law, did willfully, feloniously, and with malice aforethonglit murder and kill an unknown man, supposed to be Benacio Pamintuan, a native, lawfully residing in the pueblo of Guagua, Province of Pampanga, Island of Luzon, by ordering and causing the said man to 1)e buried alive in his presence. This, in the month oi September^ 1900, in the barrio of San Aiigustin of San Fernando, Province of Pampanga, Island of Luzon, Avithin a district then, as now, in insurrection against the United States." Specification 3. — "In that Eusebio Rojas, styling himself a 1st lieutenant of infantry in the insurgent forces, under the command of one J. Alejandrino, a notorious out- law, did willfully, feloniously, and with malice aforethought cause men acting under 108 CHARGES OF CRUELTY, ETC., TO FILIPINOS. his orders to (iischarge firearms at a moving nonmilitary train carrying passengers and merchanciise between the stations of Cahikit and Angeles on the ]\Ianila-Dagu- pan railway, and did thereby kill and murder Mamerto Lumanlan, a native piissen- ger, a resident of Angeles, lawfully on said train. This, on or about March 20, 1900, in the Province of Pampamga, Island of Luzon, a district then, as now, in insurrec- tion against the United States." Charge II. — "Violations of the laws of war." Specification 1. — "In that Eusebio Rojas, claiming to be a lieutenant of insurgents- in the forces of one J. Alejandrino, a notorious outlaw, did command a band of armed natives the members of Avhich, including Rojas, did wear no uniform but did, under the guise of being insurgent soldiers, terrorize, molest, and commit acts of vio- lence upon peaceable natives of the Province of Pampanga, Island of Luzon, and did intermittently return to their homes and ordinary occupations. This, between Jan- uary 1, 1900, and December 2, 1900, in the Province of Pampanga, Island of Luzon, a district then, as now, in insurrection against the L^nited States." Specification £. — "In that Eusebio Rojas, claiming to be a lieutenant of insurgents in the force of one J. Alejandrino, a notorious outlaw, did unlawfully detain in cus- tody Florentino Pamintuan, a wealthy native, who had been kidnaped from his house in San Fernando, Province of Pampanga, and did make threats against the life of said Pamintuan whilst he was so detained, with the view of extorting money from the said Pamintuan. This, in the month of May, 1900, in the Province of Pampanga, Island of Luzon, a district then, as now, in insurrection against the United States." Plea.— "Not guihv." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Eusebio Rojas, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Eusebio Rojas, native, a superior officer of the accused, a major of insurgents, testified that the accused had recently commanded one of three "grouf^s," that the men of each "group" were "distributed among three barrios," that "they wore the ordinary dress of the country," that "sometimes they would go armed for a specific purpose and at others they would hide their arms." There also appears of record a writing purporting to appoint the accused a "1st teniente of infantry," signed by one Alejandrino, and a translated copy of a general order issued by the said Alejandrino as commanding general. Central Luzon. Sections 1 and 2 of this order read as follows: "First. All who perform official duties or who have materially contributed to the establishment of the pretended American civil government in the territory within my command if caught will be punished from a fine not less than one hundred dollars up to the death penalty, by the most summary trial in accordance with the circum- stances, and if committed by (:^ducated people the guilt will be considered increased. Second. The property of persons comprised in article 1 will be confiscated for the need of the Filipino army." Given command of armed men and authorized as quoted to exercise summary power over the lives and property of his neighbors the accused, as is made unmis- takably plain by the evidence, conceived it to be his duty to rob and murder the peaceful and law-abiding people living within his so-called military jurisdiction. Going in ordinary dress and taking with him a few trusted followers, five or six at most — he secretly seized his unsuspecting neighbors, a man at a time, and taking them into the forest, he proceeded in two instances to bury them alive. The wit- nesses, some of whom were guilty participants and others who were compelled to be present and dig the graves of the waiting victims, relate the hoirible details by which men in the full vigor of life were suffocated under the mass of earth thrown ui')on them. Before the commission trying him the accused admitted that in obedience to orders he attacked a nonmilitary train which resulted in the death of a passenger, a native, and while denying his presence or responsibility for the murder of the men buried alive, concluded by saying "All my actions have been in pursuance to the orders of my superior officers." That, at his discretion, the accused was authorized by his superiors to take the property and lives of his neighbors, the evidence ]-)lainly shows, but those who are responsible for the written authority under which he acted, by the terms of that authority revealed themselves as banditti and as men Avho, being outside the pale of all law, seek to rule solely by the terror they inspire by their inhuman deeds. Being therefore without any authority, no so-called insurgent general or chief can issue a lawful order in these islands and they and all who execute their commands to kill and murder must expect the most extreme penalties. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 109 There being no doubt in the mind of the reviewing authority that the accused is guilty of the revolting crimes as charged, the sentence, apjiroved by the department commander, is confirmed and will be duly executed at the pueblo of San Fernando, province of Pampanga, Luzon. P. I., on the first (1st) day of ]\Iarch, A. J). 1901, under the direction of the commanding general, Department of Northern Luzon. By command of Major-General JMacArthur: Thomas H. Barey, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. i., Februarys, 1901. General Orders, No. 28. I. Before a military commission which convened at Dagupan, province of Panga- sinan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 63, Headquarters Department of Northern Luzon, June 25, 1900, and of which Captain AVilliam L. Buck, 13th U. S. Infantry, was president, and 1st Lieutenant Paul B. Malone, 13th U. S. Infantry, was j adge-advocate, was arraigned and tried: Eugenio Fernandez, native. Charge I. — " Murder." Specification. — "In that Eugenio Fernandez, native, in a camp in the mountains near Rosario, province de la Union, in territory then, as now, occupied by United States troops, at a time then, as now, of insurrection against the lawful authority of the United States, in company of, and consorting with, a band of armed outlaws to the number of 57, more or less, commanded and led by the said Eugenio Fernandez, did willfully, feloniously, and with malice aforethought, kill and murder two Ameri- can prisoners, names unknown, by stabbing them, the said American prisoners, names, unknown, with bolos held in the hands of members of said band, names unknown, inflicting wounds therewith whereof they, the said American prisoners, names unknown, then and there died and were then and there buried. This, on or about April 2, 1900, at the place above specified." Charge II. — " Guerrilla warfare, in violation of the laws of war." Specification 1. — "In that Eugenio Fernandez, native, at a time then, as now, of insurrection against the lawful authority of the United States, in company of, and consorting with a band of ununiformed armed outlaws to the number of 50, more or less, commanded and led by the said Eugenio Fernandez, not being a member of any recognized military organization, but acting independently, did attack with rifles and burn with fire held in the hands of members of said band, names unknown, San Jacinto, province of Pangasinan, a place then, as now, occupied by United States troops, whereby the lives of peaceful inhabitants of the said San Jacinto were endangered and 103 of their houses, more or less, were burned and destroyed. This, on April 21, 1900, at the place above specified." Specification 2. — "In that Eugenio Fernandez, native, at a time then, as now, of insurrection against the lawful authority of the United States, in the barrio of Santa Maria, pueblo of San Jacinto, province of Pangasinan, then, as now, occupied by LTnited States troops, in comi^any of, and consorting with, a band of ununiformed armed outlaws to the number of 20, more or less, commanded and led by the said Eugenio Fernandez, and not pertaining to any recognized military organization, but acting independently, did feloniously seize, bind, and carry away, or cause to be seized, bound, and carried away, to a camp of outlaw's and insui'gents, situated in the mountains near Rosario, province de la Union, a place then, as now, within the sphere of military operations, one Anthony Gurzinski, private. Company C, 13th Infan- try, where he was willfully, feloniously, and with malice aforethought killed and mur- dered by stal)bing with l)olos, held in the hands of members of said band, names unknown, inflicting wounds whereof he, the said Gurzinski, then and there died on or about April 2, 1900. This, on or about March 20, 1900, at the place above specified." Specification S. — "In that Eugenio Fernandez, native, at or near San Jacinto, province of Pangasinan, and its several barrios, territory then, as now, occupied by United States troops, at various times, in the months of ^larch, April, and May, 1900, a period then, as now, of insurrection against the lawful authority of the United States, in company of, and consorting with, a band of ununiformed armed outlaws, to the number of 20, more or less, not pertaining to any recognized militarv organiza- tion, but acting independently, did feloniously seize and carry away, or caused to be feloniously seized and carried away, against their will many peaceful natives of the said San Jacinto and its several barrios to a camp of armed outlaws and insurgents situated near Rosario, province de la Union, a place then, as now, within the sphere 110 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. of military operation? and where the said peaceful natives were held as prisoners until May 6, 1900, when they made their escape, to wit: Ciriaco de la Peiia, Antonio Meneses, Florencio Besacruz, Cornelio Prado, Tomas Estrada, Andres Linquon, Bernaldo Colderon, and Domingo f^alcedo. This at the places at various times during the months above specified." Char(4E III. — "Assault with intent to commit murder." Specification. — "In that Eugenio Fernandez, native, on or about May 21, 1900, a time then, as now, of insurrection against the lawful authority of the United States, at Alava, province of Pangasinan, territory then within the sphere of military opera- tions and from time to time visited by United States troops and now occupied by United States troops, in company of, and consorting with, a band of armed outlaws to the number of II, more or less, commanded and led by the said Eugenio Fernan- dez, did feloniously seize and bind with ropes or thongs Santiago Espidido, Presi- dente Local Clemente Zion, lieutenant of police, and Victor Podriguiz, secretary, all natives and officials of the said Alava, duly elected and appointed under orders and regulations prescribed by properly constituted United States authorities, with intent to commit murder upon the persons of the said Santiago Espidido, Clemente Zion, and Victor Podriguiz, all and each of them natives of the said Alava, This on or about the date and at the place above specified." Plea.— "Not guilty." Findings. — Of the specification, first charge, "guilty, except of the words 'com- manded and led by the said Eugenio Fernandez' and introducing after the word 'aforethought' the words 'urge said band of outlaws to.' Of the excepted words not guilty," and of the introduced words "guilty." Of the first charge, "guilty." Of the first specification, second charge, "guilty, except of the words, 'commanded and led by the said Eugenio Fernandez' and of the excepted words not guilty." Of the second specification, third charge, ' ' guilty, except of the words, ' commanded and led by the said Eugenio Fernandez,' and of the excepted words *not guilty." Of the third specification, second charge, "guilty." Of the second charge "guilty." Of the specification, third charge, "guilty, except of the words 'Victor Podriguiz' in both cases where these words occur, substituting therefor the words 'Mariano Torres,' and introducing after the words ' Presidente Local' the words 'and did seize and carry away,' of the excepted words not guilty," and of the substituted and introduced words, "guilty." Of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, Eugenio Fernandez, native, " To be hanged by the neck till dead, at such time and place as the review- ing authority may direct, two-thirds of the members of the commission concurring therein." 11. Before a military commission which convened at San Jacinto, Pangasinan Province, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquar- ters Department of Northern Luzon, June 25, 1900, and of which Major Joseph W. Duncan, 13th U. S. Infantry, was president, and 1st Lieutenant Harvey W. JNliller, 13th U. S. Infantry, was judge-advocate, was arraigned and tried: Juan Soriano, a native. Chaege I. — " Kidnaping." Specification. — "In that Juan Soriano, a native, at or near San Jacinto, province of Pangasinan, Luzon, P. I., a place then, as now, in the theater of military operations, in company of, and consorting with, ununiformed armed outlaws to a number vary- ing at times from thirty, more or less, to five, more or less, commanded and led by the said Juan Soriano, at or about the various times set opposite their respective names below, did feloniously seize and conduct away, against their will, the following named peaceful inhabitants of the aforesaid San Jacinto, to wit: Ciriaco de la Peiia, Andres Soquan, cabeza of barrio Lobong, and Bernardo Calderon, cabeza of barrio Lubnay, May 4, 1900. Corneho Prado, March 31, 1900; Tomas Molino, April 6, 1900; Tomas Estrada, and his wife Filimena Tanfueco, April 29, 1900; Pufino Marceleno Olpindo, March 17, 1900; Jacinto Petube and Pedro Menesis, March 20, 1900; Domingo Peyes and Pascual de la Pena, March 27, 1900, and Anastacio Oligan, native of Mangaldan, August 28, 1900. All this at or near San Jacinto, province of Pangasinan, Luzon, P. L, and its barrios, and Mangaldan, P. I., on or about the dates specified." Charge II. — "Guerrilla warfare, in violation of the laws of war." Specification. — "In that Juan Soriano, a native, in the barrio Santa Maria, pueblo of San Jacinto, province of Pangasinan, Luzon, P. I., a place then, as now, in the theater of military operations, in company of and consorting with ununiformed armeias H. Baery, Brigadier- General, U. S. Volunteers, Chief of Staff . Headquarters Division of the Philippines, Manila P. L, Apnl £7, 1901. General Orders, No. 81. Before a military commission which convened at San Fernando, province of Pain- panga, Luzon, P. I., pursuant to paragraph 5, Special Orders, Xo. 43, Headquarters Department of Northern Luzon, June 4, 1900, and of which Capt. Charles W. Wards- worth, Forty-first Infantry, United States Volunteers, was president, and First Lieut. Chauncy B. Humphrey, Third United States Infantry, was judge-advocate, was arraigned and tried: Augustin Miranda, native. Charge I. — "Murder." Specification. — "In that he, Augustin Miranda, a native, on or about November 29, 1899, then, as now, a time of insurrection, at the barrio of Santa Maria, pueblo of Santa Ana, province of Pampanga, Luzon, P. I., a place then, as now, in the theater of active military operations, in company of, and consorting with, a band of armed outlaws to the number of six, more or less, commanded and led by the said Augustin Miranda, did wilfully, feloniously, and with malice afore- thought, kill and murder the following persons, to wit: Adelardo Alfaro, Picardo Alfaro, and Jose Abelino, by inflicting divers and sundry wounds upon their persons with revolvers and bolos, from which the said Adelardo Alfaro, Picardo Alfaro, and Jose Abelino then and there died. This at the time and place above specified." Charge II. — "Robbery." Specification. — "In that, Augustin Miranda, a native, on or about the 3d day of February, 1899, then, as now, a time of insurrection, at the barrio of Santa Rita, pueblo of San Luis, province of Pampanga, Luzon, P. L, a CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 149 place then, as now, in the theater of active mihtary operations, in company of, and consorting with, a band of armed outlaws, to the number of fifty, more or less, com- manded and led by the said Augustin Miranda, did feloniously and forciblj^ break and enter the house of Pascual Tison and take therefrom and from the presence of the owners, clothing and jewels of the value of one thousand pesos (|1,000.00) more or less, Mexican currency, the property of Pascual Tison, Lucila Tison, Pasion Tison, ^nd Tailoa Tison. This at the time and place above specified." Charge III. — "Assault with intent to do bodily harm." Specification. — "In that he, Augustin Miranda, a native, on or about the 3d day of February, 1899, then, as now, a time of insurrection, at the barrio Santa Rita, pueblo of San Luis, province of Pampanga, Luzon, P. I., a place then, as now, in the theater of active military operations, in company of, and consorting with, a band of armed outlaws to the number of fifty, more or less, commanded and led by the said Augustin Miranda, did assault with intent to do bodily harm thereto, Lucila Tison, Pasion Tison, and Tailoa Tison, native women, by forcibly and against their will, compelling said women to leave their homes and to accompany him, the said Augustin Miranda, and his band of outlaws. This at the time ancl place above specified." Additional Charge. — "Murder." Specification. — " In that he, Augustin Miranda, native, did, on or about October 30, 1899, then, as now, a time of insurrection, at or near the barrio of Santa Maria, pueblo of Santa Ana, province of Pampanga, Luzon, a place then, as now, in the theater of active military operations, in company of, and consorting with, two other outlaws, namely, Epipanio Musni and Juan Tolentino, did wilfully, feloniously, and with malice aforethought, kill and murder one Jose Rivera, a native; by shooting him with revolvers and cutting him with bolos, held in the hands of said Augustin Miranda, Epipanio Musni, and Juan Tolentino, inflict- ing wounds therew^ith whereof the said Jose Rivera did then and there die. This at the place and about the time specified." Plea.— "Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Augustin Miranda, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case it appears that the accused, Augustin Miranda, was the leader of an armed band of ladrones whose unlawful operations were carried on in the vicinity of Santa Ana, San Luis, and adjacent localities. On or about November 29, 1899, the band, led by accused, ambushed, shot, and boloed to death, and robbed of their money, two brothers, Adelardo Alfaro and Ricardo Alfaro, the accused per- sonally firing one of the fatal shots. On the 3d of February, 1899, the accused led his band against the country house of one Pascual Tison, set it afire, looted its con- tents, and carried off into the fields three daughters of the owner, from whom they also robbed their earrings, diamonds, and rings. Three days later the accused and his band attacked the town house of Pascual Tison and thoroughly sacked it. In the latter part of October, 1899, accused and two armed followers, prompted by his inamorata, who kept a gambling house, carried off and cruelly shot one Jose Rivera, who was then l^oloed until dead by the companions of accused, and this for the sole reason that their victim was unable at that time to j)ay his gambling debt. There is no evidence of record relating to the murder of Jose Abelino, and the finding of the commission upon the specification to the first charge, so far as it relates to him, is disapproved. The sentence, approved by the department com- mander, is confirmed and will be duly executed at the pueblo of Santa Ana, prov- ince of Pampanga, Luzon, P. I., on the tenth (10th) day of May, A. D. 1901, under the direction of the commanding general. Department of Northern Luzon. By Command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General^ U. S. Volunfeer.^, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, Aprils?, 1901. General Orders, No. 82. Before a military commission which convened at Panique, province of Tarlac, Luzon, P. L, pursuant to paragraph 3, Special Orders, No. 193, Headquarters Depart- ment of Northern Luzon, Novem])er9, 1900, and of which Capt. Robert K. Evans, Twelfth U. S. Infantry, was president and First Lieut. George H. Shields, jr.. Twelfth U. S. Infantry, was judge-advocate, was arraigned and tried Filomeno Hallado, a native. 150 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Charge. — "Murder." Specification. — "That on the 3d day of December, A. T>. 1900, then, as now, a time of insm-rection, at the pueblo of Anao, province of Tarlac, on the island of Luzon of the Philippine Islands, a place then, as now, under the military occupation and government of the United States, one Filomeno Hallado, a Filipino and a resident of said province of Tarlac, in company of, and consorting with, other natives to the number of five, more or less, armed with bolos and a revolver, did feloniously, willfully and with malice aforethought, murder and kill one Gregorio Pascual, a Filipino and resident of said pueblo of Anao, by then and there cutting the said Gregorio Pascual with a bolo, held in the hands of said Filo- meno Hallado, and of his companions, to the number of five, more or less, then and there inflicting upon the said Gregorio Pascual divers cuts and wounds, by reason of w^hich said cuts and wounds the said Gregorio Pascual then and there died." Plea.— "Guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, the said Filomeno Hallado, native, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring." In the foregoing case of Filomeno Hallado, native, the accused in his freely offered written statement to the connnission, admitted his guilt. The sentence, approved by the department commander, is confirmed, but owing to the failure of the commission to spread upon the record presumably available evidence of a corroborative character, the reviewing authority is constrained to com- mute the sentence of death awarded to imprisonment at hard labor for the period of his natural life. As thus commuted, the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division op the Philippines, Manila, P. I., April 27, 1901. General Orders, No. 83. Before a military commission which convened at Vigan, Province of Ilocos Sur, Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 9, Headquarters Depart- ment of Northern Luzon, January 10, 1901, and of which Lieutenant-Colonel Robert L. Howze, Sith Infantry, U. S. Volunteers, was president, and 1st Lieutenant Harold P. Howard, 3d U. S. Cavalry, was judge-advocate, were arraigned and tried: I. Mariano Aragon, native. CharctE. — ' ' Murder. ' ' Specification 1. — "In that Mariano Aragon, native, did kill and murder one Pedro Alaebiila, a native, by striking and stabbing him, the said Pedro xllaebilla, with a bolo or other sharp instrument held in the hands of the said Mariano Aragon, inflict- ing wounds therewith whereof he, the said Pedro Alaebiila, then and there died. This on or about the month of March, 1900, then as now a time of insurrection, at or near the barrio Naguilian, pueblo of Caoayan, Ilocos Sur, Luzon, P. I., a place then, as now, under the military government of the L^nited States." Specification 2. — "In that Mariano Aragon, native, did kill and murder one Nicolas Alaebiila, a native, by striking and stabbing him, the said Nicolas Alaebiila, with a bolo or other sharp instrument held in the hands of the said Mariano Aragon, inflict- ing wounds therewith whereof he, the said Nicolas xllaebilla, then and there died. This on or about the month of March, 1900, then as now a time of insurrection, at or near the barrio Naguilian, pueblo of Caoayan, Ilocos Sur, Luzon, P. I., a place then, as now, under the military government of the United States." Plea.— "Not guilty." Finding. — Of the "first specification, "guilty, except the word 'Alaebiila,' substi- tuting therefor, wherever it occurs, the words 'whose other name is unknown;' of the excepted word not guilty and of the substituted words, guilty." Of the second specification, "guilty, except the word 'Alaebiila,' substituting therefor wherever it occurs, the words 'whose other name is unknown;' of the excepted word, not guilty, and of the substituted words, guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Mariano Aragon, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." II. Prudencio Llanes, native. Charge I. — "Violation of the laws of war." Specification 1. — " In that Prudencio Llanes, native, in company of and consorting with a band of outlaws, armed with rifles and bolos to the number oi forty, more or CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 151 less, commanded and led by said Llanes, and living by day in the semblance of peaceful pursuits, did make a hostile raid on the barrio of San Julian, municipio of Vigan, Province of Ilocos Sur, Luzon, P. I., a place then, as now, under the military government of the L'^nited States, for the avowed purpose of killing one Catalino Foster, a native known to be friendly to the Ignited States. This on or about the night of December 1, 1900, then, as now, a time of insurrection," * * ^ Specification 2. — "In that Prudencio Llaiies, native, in comx)any of and consorting with a band of outlaws, armed with rifles and bolos to the number of forty, more or less, commanded and led by said Llanes, and living by day in the semblance of peaceful pursuits, did make a hostile raid on the barrio of San Julian, municipio of Vigan, Province of Ilocos Sur, Luzon, P. L, a place then, as now, under the military government of the United States, for the avowed purpose of killing one Arcadio Atangan, a native known to be friendly to the United States. This on or about the night of December 12, 1900, then, as now, a time of insurrection," * * * Chaege II.— "Murder." Specification 1. — "In that Prudencio Llanes, native, in company of, and consorting with, a band of armed outlaws, commanded and led by said Llanes, did kill and murder one Agapito Madarang, a native, by striking and stabbing him, the said Madarang, with a bolo or other sharp instrument, held in the hands of members of said band, inflicting wounds therewith whereof he, the said Madarang, then and there died. This on or about September 10, 1900, then, as now, a time of insurrec- tion, * * * at or near the barrio of Ravis, pueblo of Caoavan, province of Ilocos Sur, Luzon, P, I. - * -" Specification 2. — "In that Prudencio Llanes, native, in company of, and consorting with, a band of armed outlaws, commanded and led by said Llanes, did kill and murder one John Doe, a native, whose true name is unknown, by striking and stab- bing him, the said Doe, with a bolo or other sharp instrument, held in the hands of members of said band, inflicting wounds therewith whereof he, the said Doe, then and there died. This on or about January 15, 1900, then, as now, a time of insur- rection, * ^ "^ at or near the barrio of Cacutonan, pueblo of Caoayan, province of Ilocos Sur, Luzon, P. I. * * "^ " Plea.— "Not guilty." Finding. — Of the first specicification, first charge, "guilty;" of the second specifi- cation, first charge, "guilty;" of the first charge, "guilty;" of the first specification, second charge, "guilty;" of the second specification, second charge, "guilty, except the words 'on or about January 15,' substituting therefor the words 'during the month of March;' also except the word 'Cacutonan,' substituting therefor the word 'Lusong;' of the excepted words, not guilty, and of the substituted words, guilty," Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Prudencio Llanes, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." III. Nicasio Llanes, native. Charge. — "Murder," Specification, — "In that Xicasio Llanes, native, in com- pany of, and consorting with other natives to the number of two, more or less, com- manded and led by said Llanes, and armed with rifles and bolos, did kill and murder one John Doe, a native, whose true name is unknown, by striking and stabbing him, the said Doe, with a bolo or other sharp instrument, held in the hands of said Llanes, inflicting wounds therewith whereof he, the said Doe, then and there died. This on or about March 15, 1900, then as now, a time of insurrection, ^ * "^ at or near the barrio of Cacutonan, pueblo of Caoayan, Ilocos Sur, Luzon, P, I. * * ^" Plea.— "Not guilt V," Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Nicasio Llanes, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." IV, ]Mamerto Llanes, native. CHARCiE. — "Murder." Specification. — "In that Mamerto Llanes, native, in com- pany of, and consorting with, a band of armed outlaws, commanded and led by one Prudencio Llanes, in armed defiance of the laws and authority of the United States, did kill and murder one Agapito Madarang, a native, by striking and stabbing him, the said ^ladarang, with a bolo or other sharp instrument held in the hands of mem- bers of said band, inflicting wounds therewith whereof he, the said Madarang, then and there died. This on or about the month of September, 1900, then, as now, a time of insurrection * * -^ at or near tlie barrio of Ravis, pueblo of Caoavan, province of Ilocos Sur, Luzon, P. I, * * * ." Plea,— "Not guiltv." Finding.—' ' Guilty. ' ' Sentence, — And the commission does therefore sentence him, Mamerto Llanes, 152 CHARGES OF CRUELTY TC, TO FILIPINOS. native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." V. Tomas Asinan, native. Charge. — " Murder." Spec {ti cation 1. — "In that Tomas Asinan, native, did kill and murder one Juan Ramos, a native, by striking and stabbing him, the said Juan Ramos, with a bolo or other sharp instrument, held in the hands of the said Tomas Asinan, inflicting wounds therewith whereof he, the said Juan Ramos then and there died. This on or about the month of July, 1900, then, as now, a time of insurrection, at or near the barrio of Naguilian, pueblo of Caoayan, Ilocos Sur, Luzon, P. I. * * *." Speciticatio)) 2. — "In that Tomas Asinan, native, did kill and murder one Augustin Quiton, a native, by striking and stabbing him, the said Augustin Quiton, with a bolo or other sharp instrument, held in the hands of the said Tomas Asinan, inflicting wounds therewith whereof he, the said Augustin Quiton, then and there died. This on or about the month of August, 1900, then, as now, a time of insurrection, at or near the barrio of Xaguilian, pueblo of Caoayan, Ilocos Sur. Luzon, P. I. * * *." Specification 3. — "In that Tomas Asinan, native, did kill and murder one Mariano, a native, whose other name is unknown, by striking and stabbing him, the said ^lariano, with a bolo or other sharp instrument held in the hands of the said Tomas Asinan, inflicting wounds therewith whereof he, the said Mariano, then and there died. This on or about the month of August, 1900, then, as now, a time of insur- rection, at or near the barrio of Xaguilian, pueblo of Caoavan, Ilocos Sur, Luzon, p J * * * " Specification 4- — "In that Tomas Asinan, native, did kill and murder one Benito, a native, whose other name is unknown, by striking and stabbing him, the said Benito, with a bolo or other sharp instrument held in the hands of the said Tomas Asinan, inflicting wounds therewith whereof he, the said Benito, then and there died. This on or about the month of July, 1900, then, as now, a time of insurrection, at or near the barrio of Xaguilian, pueblo of Caoayan, Ilocos Sur, Luzon, P. I. * * *." Specification .5. — "In that Tomas Asinan, native, did kill and murder one Anacleto, a native, whose other name is unknown, by striking and stabbing him, the said Ana- cleto, with a bolo or other sharp instrument held in the hands of the said Tomas Asinan, inflicting wounds therewith whereof he, the said Anacleto. then and there died. This on or about the month of July. 1900, then, as now, a time of insurrec- tion, at or near the barrio of Xaguilian, pueblo of Caoavan, Ilocos Sur, Luzon, p J * * ^ " " - Plea.— "Guilt V." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Tomas Asinan, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." VI. Fermin Cortes, native. Charge. — ' ' Murder. ' ' Specification 1. — "In that Fermin Cortes, native, being a member of a band of armed outlaws commanded and led by one Prudencio Llanes, in notorious armed defiance of the laws and authority of the United States, did kill and murder one John Doe, a native, whose true name is unknown, by striking and stabbing him, the said Doe, with a bolo or other sharp instrument held in the hands of said Cortes, inflicting wounds therewith whereof he, the said Doe, then and there died. This on or aliout October 15, 1900, then, as now. a time of insurrection * * * at or near the barrio of Tamurong, pueblo of Caoayan, Ilocos Sur, Luzon, P. I. * * *." Specification :2. — "In that Fermin Cortes, native, being a member of a band of armed oulaws commanded and led by one Prudencio Llanes, in notorious armed defiance of the laws and authority of the L^nited States, did kill and murder one Mary Doe, a native woman, whose true name is unknown, by striking and stabbing her, the said Mary Doe, with a bolo or other sharp instrument held in the hands of said Cortes, inflicting wounds therewith whereof she, the said Mary Doe, then and there died. This on or about October 15, 1900, then, as noAV. a time of insurrec- tion, * * * at or near the barrio of Tamurong, pueblo at Caoavan, Ilocos Sur, Luzon, P. I. - * * " Plea.— "Not guilty." Finding. — Of the 1st specification, "Guilty, excei)t the words 'John Doe' and the words ' whose true name is unknown;' sn1)stituting for the word 'John' the word 'Buenaventura' and for the word 'Doe,' wherever it occurs, the word 'Mallore;' of the excepted words not guilty, and of the substituted words guilty." Of the 2d specification, "Guilty, except the words 'Mary Doe' and the words 'whose true name is unknown;' substituting for the words 'Mary Doe' the words 'Agapita Gat- CHARGES OF CRUELTY, ETC., TO FILIPINOS. 153 man;' of the excepted words not guilty and of the substituted words guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Fermin Cortes, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." VII. Placido Quiton, native. Charge. — ' ' Murder. ' ' Specification 1. — "In that Placido Quiton, native, in company of, and consorting with, a band of armed outlaws commanded and led by one Prudencio Llanes in armed defiance of the laws and authority of the United States, did kill and murder one Agapito Madarang, a native, by striking and stabbing him, the said Madarang, with a bolo or other sfiarp instrument held in the hands of members of said band, inflicting wounds therewith whereof he, the said Madarang, then and there died. This on or about September 10, 1900, then, as now, a time of insurrection, * * * at or near the barrio of Eavis, pueblo of Caoayan, province of Uocos Sur. Luzon, Specification 2. — "In that Placido Quiton, native, in company of, and consorting with, other natives, armed with bolos and other deadly weapons, did kill and mur- der one Justo Sevilla, a native, by striking and stabbing him, the said Sevillo, with a bolo or other sharj:) instrument, held in the hands of said Quiton, inflicting wounds therewith whereof he, the said Sevilla, then and there died." "This on or about the month of September, 1900, then, as now, a time of insurrection, * * * at or near the barrio of Bungtuolan, municipio of A^igan, province of Ilocos Sur, Luzon, Specification 3. — "In that Placido Quiton, native, did kill and murder one Petra Aniceto, a native woman, by striking and stabbing her, said Petra Aniceto, with a bolo or other sharp instrument, held in the hands of said Quiton, inflicting wounds therewith whereof she, the said Petra Aniceto, then and there died. This on or about the month of June, 1900, then, as now, a time of insurrection, * * * at or near the barrio of Bedding, pueblo of Caoavan, province of Ilocos Sur, Luzon, p J * * * " Plea.— "Xot guilty." Finding;. — Of the first specification, ' ' guilty. ' ' Of the second specification, ' ' guilty, except the words 'held in the hands of said Quiton;' of the excepted words, not guilty." Of the third specification, "guilty, except the word 'Caoayan,' substitut- ing therefor the word ' Vigan;' of the excepted word, not guilty, and of the substi- tuted word, guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Placido Quiton, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." VIII. Castor Alcausen, a native. Cpiarge. — " Murder. ' ' Specification 1. — "In that Castor Alcausen, native, in company of, and consorting wdth, a band of armed outlaws, commanded and led by one Prudencio Llanes, in armed defiance of the laws and authority of the United States, did kill and murder one Agapito Madarang, a native, by striking and stabbing him, the said ^Madarang, with a bolo or other sharp instrument, infiicting wounds therewith whereof he, the said Madarang, then and there died. This on or about the month of September, 1900, then, as now, a time of insurrection * * * at or near the barrio of Ravis, pueblo of Caoayan, province of Ilocos Sur, Luzon, P. I. * * *." Specification 2. — "In that Castor Alcausen, native, in company of, and consorting with, other natives, armed with bolos and other deadly weapons, did kill and nuirder one Justo Sevilla, a native, by striking and stabbing him, the said Sevilla, with a bolo or other sharp instrument, inflicting wounds therewith whereof he, the said Sevilla, then and there died. This on or about the month of September, 1900, then, as now, a time of insurrection, * * * at or near the barrio of Bungtuolan, muni- cipio of Vigan, province of Ilocos vSur, Luzon, P. I. * * *." Plea.— "Xot guilt v." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Castor Alcausen, native, "To be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." IX. Laureano Querubin, a native. Charge. — ' ' ~S\ urder. ' ' Specification I. — "In that Laureano Querubin, native, did kill and murder one Gabriel, a native, whose other name is unknown, by striking and stab1)ing him, the said Gal)riel, with a bolo or other sharp instrument held in the hands of the said 15tl: CHARGES OF CRUELTY, ETC., TO FILIPINOS. Laureno Qiierubin, inflictino: wounds therewith whereof he, the said Gabriel, then and there died. This on or about the month of June, 1900, then, as now, a time of insurrection, at or near the barrio of Na^uihan, pueblo of Caoavan, Ilocos Sur, Luzon, p "[ * * -Sfr " Spedficai'wn 2. — "In that Laureano Querubin, native, did kill and murder one Valentin, a native, whose other name is unknown, by striking and stabbing him, the said Valentin, with a bolo or other sharp instrument held in the hands of the said Laureano Querubin, inflicting wounds therewith whereof he, the said Valentin, then and there died. This on or about the month of July, 1900, then, as now, a time of insurrection, at or near the barrio of !Naguilian, pueblo of Caoavan, Ilocos Sur, Luzon, P. I. * * - " Plea.— ''Not guilty." Finding. — Of the first specification, "guilty, except the words *and murder,' and of the excepted words, not guilty." Of the second specification, " guilty, except the words ' and murder, ' and of the excepted words not guilty. ' ' Of the charge, ' ' not guilty of murder, but guilty of manslaughter. ' ' Sentence. — And the commission does therefore sentence him, Laureano Querubin, native, " To be confined at hard labor, at such place as the reviewing authority may direct, for thirty years." X. Catalino Xatividad, a native. Charge. — " Murder, ' ' Specification 1. — "In that Catalino Natividad, native-, did kill and murder one Enrique, a native, whose other name is unknown, by striking and stabbing him, the said Enrique, with a bolo or other sharp instrument held in the hands of the said Catalino Xatividad, inflicting wounds therewith whereof he, the said Enrique, then and there died. This on or about the month of July, 1900, then, as now, a time of insurrection, at or near the barrio of Naguilian, pueblo of Caoavan, Ilocos Sur, Luzon, P. I. * * * " Specification 2. — "In that Catalino Natividad, native, did kill and murder one Juan Hallado, a native, by striking and stabbing him, the said Juan Hallado, with a bolo or other sharp instrument held in the hands of the said Catalino Natividad, inflicting wounds therewith whereof he, the said Juan Hallado, then and there died. This on or about the month of July, 1900, then, as now, a time of insurrection, at or near the barrio of Naguilian, pueblo of Caoayan. Ilocos Sur, Luzon, P. I. - "^ * " Plea.— "Not guilty." FiNDiNCi. — Of the first specification, "guilty, except the woras 'and murder,' and of the excepted words, not guilty." Of the second specification, "guilty, except the words 'and murder,' and of the excepted words, not guilty." Of the charge, "not guilty of murder, but guilty of manslaughter. ' ' Sentence. — And the commission does therefore sentence him, Catalino Natividad, native, " To be confined at hard labor, at such place as the reviewing authority may direct, for thirty years." In the foregoing cases of Mariano Aragon, Prudencio Llanes, Nicasio Llanes, Mam- ertoLlanes, TomasAsinan, Fermin Cortes, Placido Quiton, Castor Alcausen, Laureano Querubin, and Catalino Nati\'idad, natives, it appears of record that Mariano Aragon and Prudencio Llanes were two of a triumvirate of chiefs of an oath-bound band of armed men, styling themselves ' Sandatahans ' and of which all of these accused were members; that they appointed a chief executioner, assistant executioners, a requisite number of grave diggers, and then, with set purpose, proceeded to assassi- nate all persons who manifested reluctance to join them or to contribute of their means to their support or to the support of the insurrectos in the hills, whom the leaders of the band claimed they were serving. They operated secretly at night, the leaders usually selecting their victims one at a time, and, having first secured, con- ducted them to a secret rendezvous on a sandy beach covered with very tall grass where, by timely notice, the grave diggers had dug the number of graves required and the chief executioner and his assistants had assembled for their appointed work. Here, in the presence of the assembled band, men and women, bound and helpless, were, from time to time, placed upon the brinks of their opened graves, their bodies run through with swords and bolos, and then buried. The members of the band would then separate, each going to his own home, trusting to the rise and fall of the nearby waters to slowly hide the traces of their work. These hideous operations were continued with industrious persistency through two months or more until the lengthening row of graves reached, in the language of one of the witnesses, "about thirty, more or less." Wia y a populous community of men should calmly submit to gradual and certain extermination at the hands oi a few men banded together for secret assassination, possessing no lawful authority and weak in numbers, can only be explained by those who prefer a reign of terror to the reign of wise, merciful, and equal laws. CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 155 To the reviewing authority it is evident there can be no hope of peace for the Fili- pino people, nor security for their lives and property until they shall learn to unite together against all bands of murderers and assassins, under whatever name they may assume, and come to the assistance of the officers of the law in their determina- tion to bring them all to justice. As no language can adequately portray the wanton cruelties of all these accused, their sentences, aj)proved by the department commander, are confirmed, and will be duly executed upon Mariano Aragon, Prudencio Llanes, Nicasio Llanes, Mamerto Llanes, Tomas Asinan, Fermin Cortes, Castor Alcausen, and Placido Quiton at the pueblo of Caoayan, Province of Ilocos Sur, Luzon, P. I., on the seventeenth (17th) day of May, A. D., 1901, under the direction of the commanding general. Depart- ment of Northern Luzon. The Presidio de Manila is designated as the place of confinement of Laureano Querubin and Catalino Xatividad, to which place they will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barky, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquartees Division of the Philippines, Manila, P. I., April 29, 1901. General Orders, No. 84. Before a military commission which convened at Naga, Island of Cebu, P. I., pur- suant to paragraph 5, Special Orders, No. 142, Headquarters Department of the Yisayas, September 12, 1900, and of which Major John G. Leefe, 19th U. S. Infantry, was president, and Captain Edward A. Stewart, adjutant, 44th Infantry, M. S. Vol- unteers, was judge-advocate, was arraigned and tried: Leoncio Adlauan, native. Charge I. —"Assault and battery with intent to kill." Specification. — "In that on or about the 5th day of November, A. D. 1899, then, as now, a time of insurrection, at or near the barrio of Tuluyan, in the pueblo of Naga, in the Island of Cebu, P. I., a place then, as now, a part of the territory of the United States and under its military government, one Leoncio Adlauan, a native resident of the said Philippine Islands, did assault one Teodoro Laput, a civilian, resident of the said barrio of Tuluyan, by then and there cutting and wounding him, the said Teodoro Laput, on the shoulder, with a bolo held in the hands of the said Leoncio Adlauan, with intent then and there, feloniously, willfully, and with malice aforethought, to kill and murder the said Teodoro Laput." CharCtE II. — "Arson." Specification. — "In that on or about the 5th day of November, A. D. 1899, then, as now, a time of insurrection, at or near the barrio of Tuluyan, in the pueblo of Naga, in the Island of Cebu, P. I., one Leoncio Adlauan, a native resident of the said Philippine Islands, did willfully, maliciously, and feloniously set fire to and burn the dwelling house of one Patruciana Yillareal." Charge III. — "Murder." Specification. — "In that on or about the 5th day of August, A. D. 1900, then, as now, a time of insurrection, on or near the road leading from Naga to Cebu, P. L, near the junction thereof with the road to Talisay, about one and one-half miles from the pueblo of Minglanilla, in the Island of Cebu, P. I., a place then, as now, a part of the territory of the Ignited States and under its military government, one Leoncio Adlauan, a native resident of the said Philippine Islands, did willfully, feloniously, and with malice aforethought kill and murder one Florentino Alpanta, a native, by then and there inflicting various and divers mortal woimds upon the head and throat of the said Florentino Alpanta, with a sharp instrument commonly called a bolo, held in the hands of the said Leoncio Adlauan, from which mortal wounds, so inflicted as aforesaid, the said Florentino Alpanta then and there died, on or about the said 5th dav of August, A. D. 1900. Plea.— "Not guilty." Finding. — Of the first charge and its specification, "not guilty;" of the second charge and its specification, "notguiltv;" of the third charge and its specification, "guilty." Sentence. — And the commission does therefore sentence him, Leoncio Adlauan, a native, "To be hanged by the neck until he be dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Leoncio Adlauan, native, the sentence, approved by the 156 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Department Commander, is confirmed, but is commuted to confinement at hard labor for the period of twenty (20) years. As thus commuted the sentence will be duly executed. The Presidio de Manila is designated as the place of confinement, to which place the prisoner will be sent under proper guard. By command of ^lajor-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippixes, Manila, P. I., April 29, 1901. General Orders, Xo. 85. Before a military commission which convened at Capiz, Island of Panay, P. I., pur- suant to paragraph 4, Special Orders, Xo. 229, Headquarters Department of the Visa- yas, December 19, 1900, and of which Cai)t. David C. Shanks, 18th U. S. Infantry, was president, and 2d Lieutenant Charles D. Herron, 18th U. S. Infantry, was judge- advocate, were arraigned and tried : Gregorio Degala, Bonificio Deseo, and Doroteo Degala, natives. Charge I. — "Burglary." Specification. — "In that on or about the 8th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Pontevedra, Island of Panay, P. I., a place then, as now, under the military government of the United States, Gregorio Degala, Bonificio Deseo, and Doroteo Degala, natives, in company of and members of a band of armed outlaws to the number of nineteen (19), more or less, did willfully, feloniously, and burglariously break into and enter the clwelling house of one Alipio Delfin, a native, with intent then and there to commit a felony, to-wit: robberv." Charge IL— "Robbery." Specification.— "In that on or about the 8th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Pontevedra, Island of Panay, P. I., a place then, as now, under the military government of the United States, Gregorio Degala, Bonificio Deseo, and Doroteo Degala, natives, in company of and members of a band of armed outlaws to the number of nineteen ( 19 ) , more or less, did willfully, feloniously and forcibly take, steal and carry av\-ay from the house of one Alipio Delfin, clothing, jewelry, palay and fifty (850.00) dollars, more or less, in cash, and the total value of the articles so stolen as aforesaid amounting to two hun- dred (S200.00) dollars, more or less, and the property of the said Alipio Delfin, with intent then and there to appropriate the same to their own and to the use and benefit of the members of the said band of armed outlaws." Charge III. — "Assault and battery with intent to commit rape." Specification 1. — "In that at or near 11 o'clock p. m. on or about the 8th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Pontevedra, Island of Panay, P. I., a place then, as now, under the military govern- ment of the United States, Gregorio Degala, Bonificio i)eseo and Doroteo Degala, natives, in company of and members of a band of armed outlaws to the number of 19, more or less, did, by force and arms, to-wit: with guns, pistols, spears and bolos, held in the hands of the members of the said band of armed outlaws, compel Alipio Delfin, Ysodoro Bacacandolo, Candida Delapo and Baciha Damiras, the occupants of the house of the said Ahpio Delfin, to come down out of the said house and did then and there bind and tie each and all of the said occupants of the house, and did then and there feloniously assault with intent to ravish and carnally know the said Can- dida Delapo, by force and violence and against her will." Specification 2. — "In that at or near 11 o'clock p. m. on or about the 8th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Pontevedra, Island of Panay, P. L, a place then, as now, under the military govern- ment of the United States, Gregorio Degala, Bonificio Deseo and Doroteo Degala, natives, in company of and members of a band of armed outlaws to the number of 19, more or less, did, by force and arms, to-wit: with guns, pistols, spears and bolos, held in the hands of members of the said band of armed outlaws, compel Alipio Delfin, Ysodoro Bacacandolo, Candida Delapo and Bacilia Damiras, the occupants of the house of the said Alipio Delfin. to come down out of the said house, and did then and there bind and tie each and all of the said occupants of the said h(nise, and did then and there feloniously assault with intent to ravish and carnally know the said Bacilia, by force and violence, and against her will." CHARaES OF CRUELTY, ETC., TO FILIPINOS. 157 Charge IV.— -'Rape." ISpecification 1. — ''In that at or near 11 o'clock p. m., on or about the 8th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Pontevedra, island of Panay, P. I., a place then, as now, under the military govern- ment of the United States, Gregorio Degala, Boniticio Deseo, and Doroteo Degala, natives, in company of, and members of a band of armed outlaws, to the number of 19, more or less, having b}^ force and arms, to wit, with gmis, pistols, spears, and bolos, held in the hands of members of the said band of armed outlaws, compelled Candida Delapo, a native v\'oman and occupant of the house of Alipio Delfin, to come down out of the said house, and having then and there bound and tied the said Can- dida Delapo, did then and there feloniously assault, and by force and violence and against her will, ravish and carnally know the said Candida Delapo." Specification 2. — "In that at or near 11 o'clock p. m., on or about the 8th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of Pontevedra, island of Panay, P. I., a place then, as now, under the military govern- ment of the United States, Gregorio Degala, Boniticio Deseo, and Doroteo Degala, natives, in company of, and members of a band of armed outlaws, to the number of 19, more or less, having by force and arms, to wit, with guns, pistols, spears, and bolos, held in the hands of members of the said band of armed outlaws, compelled Bacilia Damiras, a native woman and occupant of the house of Alipio Delfin, to come down and out of the said house, and having then and there bound and tied the said Bacilia Damiras, did then and there feloniously assault, and by force and violence and against her vv-ill, ravish and carnally know the said Bacilia Damiras." Pleas. — " Not guilty. ' ' Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty;" of the first specification, third charge, "not guilty;" of the second specification, third charge, Doroteo Degala and Bonificio Deseo, "guilty," Gregorio Degala, "not guilty;" of the third charge, Doroteo Degala and Bonificio Deseo, "guilty," Gregorio Degala, "not guilty;" of the first specification, fourth charge, "not guilty;" of the second specification, fourth charge, Doroteo Degala and Bonificio Deseo, "guilty," Gregorio Degala, "not guilty;" of the fourth charge, Doroteo Degala and Bonificio Deseo, "guilty," Gregorio Degala, "not guilty." Sentence. — And the commission does therefore sentence them, Bonificio Deseo and Doroteo Degala, natives, " To be confined at hard labor, at such place as the reviewing authority may direct, for twenty (20) years." And the commission does therefore sentence him, Gregorio Degala, native, "To be confined at hard labor for ten (10) years, at such place as the reviewing authority may direct." In the foregoing case of Gregorio Degala, Bonificio Deseo, and Doroteo Degala, natives, who were jointly tried, it appears from the evidence that these accused belonged to an armed band of robbers that forced an entrance into and robbed the house of Alipio Delfin, taking therefrom money, jewelry, and other valuables, forced the inmates to come out and down from the house, bound and maltreated the men, and brutally assaulted the women. With the exception of the finding upon the fourth charge, and the second specifi- cation thereunder, which he has disapproved, the department commander has approved the findings and sentences. The sentences are confirmed and will be duly executed. The Presidio de Manila is designated as the place of confinement, to which the prisoners will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, ' Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, April 29, 1901. General Orders, No. 86. Before a military commission which convened at Vigan, province of Ilocos Sur, Luzon, P. I., pursuant to jiaragraph 6, Special Orders, No. 9, Headquarters Depart- ment of Northern Luzon, January 10, 1901, and of which Lieut. Col. Robert L. Howze, Thirty-fourth Infantry, United States Volunteers, was president, and First Lieut. Harold P. Howard, Third United States Cavalry, was judge-advocate, was arraigned and tried Anselmo Morales, native. 158 CHAEGES OF CKUELTY, ETC., TO FILIPINOS. Chaege I. — "Murder," Specification 1. — "In that Anselmo Morales, native, in company of and consorting with armed outlaws to the number of four, more or less, did feloniously and with malice aforethought kill and murder Benedicto Foronda, a native, by shooting him, the said Foronda, with a rifle held in the hands of the said Anselmo Morales, inflicting wounds therewith whereof he, the said Benedicto Foronda, then and there died. This in time of insurrection, on or about May 18, 1900, at the barrio of Soso, pueblo of Santa ]Maria, province of Ilocos Sur, P. I., a place then, as now, in the theater of military operations." Specification 2. — "In that Anselmo Morales, native, in company of and consorting with armed outlaws to the number of four, more or less, did feloniously and with malice aforethought kill and murder one Anacleto Daiio, a native, by cutting and stabbing him, the said Anacleto Dano, with weapons commonly called bolos, held in the hands of the said Anselmo Morales, inflicting wounds therewith whereof the said Anacleto Daiio then and there died. This in time of insurrection, on or about May 18, 1900, at the barrio of Soso, pueblo of Santa Maria, province of Ilocos Sur, P. I., a i^lace then, as now, in the theater of military operations." Specification 3. — "In that Anselmo Morales, native, in company of and consorting with armed outlaws to the number of four, more or less, did feloniously and with malice aforethought kill and murder Timotea Fernando, a native, by shooting her, the said Timotea Fernando, with a rifle held in the hands of said Anselmo Morales, inflicting wounds therewith whereof the said Timotea Fernando then and there died. This in time of insurrection, on or about May 18, 1900, at the barrio of Soso, pueblo of Santa Maria, province of Ilocos Sur, P. I., a place then, as now, in the theater of military operations." Charge II. — "Abduction." Specification. — "In that he, Anselmo Morales, in company of and consorting with Segundo Arcella, a scout in the service of the United States, and armed outlaws to the number of four, more or less, did unlawfully, forcibly, and feloniously seize and abduct Elena Vergara, a native, from her house, the said Elena Vergara being at the time a lawful resident of the town of San Esteban, province of Ilocos Sur, P. I. This at San Esteban, province of Ilocos Sur, P. I., a place then, as now, within the theater of military operations, on or about June 6, 1900, a time of insurrection." Charge III. — "Keceiving stolen property." Specification. — "In that Anselmo Morales, native, did receive and retain in his possession until required to surrender it, one Krag-Jorgensen carbine, calibre .30, the property of the United Sates, the said carbine having been stolen from the quarters of the United States forces occupying the town of Santa Maria, Ilocos Sur, P. I. This at the barrio of Danoman, pueblo of Santa Maria, province of Ilocos Sur, P. I., a place then, as no^y, within the theater of military operations, on or about June 15, 1900, a time of insurrection." Charge IV. — " Having firearms in possession." Specification. — " In that Anselmo Morales, native, did have in his possession and keep until required to surrender same, one (1) Krag-Jorgensen carbine, caliber .30, and one (1) Kemington rifle. This in time of insurrection, on or about June 15, 1900, at or near the barrio of Danoman, Pueblo of Santa Maria, Province of Ilocos Sur, P. I., a place then, as now, in the theater of military operations. Plea. — To the first charge and its specifications, " not guilty;" to the second charge and its specification, "not guilty;" to the third charge and its specification, "guilty;" to the fourth charge and its specification, "guilty." Finding. — "Guilty." Sentence. — And the commission does therefore sentence him, Anselmo Morales, native, "To be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Anselmo Morales, native, it appears that the accused was the leader of a small band of men armed with bolos and two rifles, one of which was carried by the accused. That he had made a requisition or demand of chickens, rice, and other supplies for his band upon the barrio of Soso, which, being refused, he later, with his followers, entered the place and killed two men and one woman, and that he then and there proclaimed his reason for murdering them to be the refusal of the people of the barrio to obey his orders and provide him with supplies. When captured, and on subsequent occasions, the accused freely admitted this to be true, and that the murders were committed in compliance with the orders of his insurgent superior officer. Eyewitnesses of the murder confirm his admissions. As it does not appear that he could not have secured the supplies he unlawfully demanded without resort to taking the lives of his law-abiding neighbors, some of whom were also, doubtless, blameless of even refusing his unlawful demands, there CHARGES OB^ CRUELTY, ETC., TO FILIPINOS. 159 is no escape from the conclusion that he acted more from vindictive and maUcious motives than a behef, however mistaken, of justifiable necessity. It also appears that he was an active participant in the abduction of a woman, and was found with firearms in his possession. The sentence, approved by the department commander, is confirmed, and will be duly executed at the pueblo of Santa Maria, province of Ilocos Sur, Luzon, P. I., on the twenty-fourth (24th) day of May, A. D. 1901, under the direction of the com- manding general, Department of Northern Luzon. By command of Major-General Mac Arthur: Thomas H. Baeey, Brigadier- Genera], U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., April, 29, 1901. General Orders, No. 87. Before a military commission which convened at Manila, Luzon, P. I., pursuant to paragraph 8, Special Orders, No. 199, Headquarters Department of Southern Luzon, October 31, 1900, and of which Lieutenant-Colonel Edward M. Hayes, 4th L^. S. Cavalry, was president, and Captain Lutz Wahl, 21st IT. S. Infantry, was judge- advocate, was arraigned and tried, Felix Medina, native. Charge. — ' ' Murder. ' ' Specification. — "In that he, Felix Medina, in company with several others, all soldiers of Captain Cornellio Felisado, did feloniously, and with malice aforethought, murder and kill one Severino de Guia, vice-presidente of Bacoor, by shooting him, the said Severino de Guia, with a rifle held in the hands of and aimed by said Felix Medina, causing wounds whereof he, the said Saverino de Guia, then and there died. This at San Nicolas, Cavite Province, Island of Luzon, P. I. , on or about June 11, 1900, a time then as now of insurrection, and a place then as now under the militarv government of the L^nited States." Plea.— "Not guihy." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Felix Medina, native, "to be hung by the neck until dead, at such time and place as the reviewing authority may designate, two-thirds of the commission concurring therein. ' ' In the foregoing case of Felix Medina, it appears that the accused was one of a band of armed insurgents who entered within the lines of the United States forces at San Nicolas, Cavite Pi-ovince, and lay in ambush for the approach of Severino de Guia, vice-presidente of Bacoor, who was returning in a carromata with his two young sons from the fiesta of San Nicolas. On the approach of the carromata, accused and his companions sprang out, struck the coachman senseless, and led off as prisoner Severino de Guia, followed by the two lads. Arriving at the barrio of Pomplona, Las Pinas, the accused, who was one of two leaders, from a distance of about two paces, opened fire and shot deceased in the presence of his children, who were stand- ing in his immediate proximity. The body was then flung into a pile of rocks and the murderers moved off. The accused appears as a directing and willing participant in this assassination, done in needless and heartless violation of the laws of war. The sentence, approved by the department commander, is confirmed, and will be duly executed at the city of Manila, province of Manila, Island of Luzon, Philippine Islands, on the seventeenth (17th) day of May, A. D. 1901, under the direction of the provost-marshal-general, ^Manila. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., May 1, 1901. General Orders, No. 88. Before a military commission which convened at Urdaneta. ]")rovince of Pangasinan, Luzon, P. I., pursuant' to paragraph 3, Special Orders, No. 220. Headquarters Dejiart- ment of Northern Luzon, December 8, 1900, and of which ^Major Joseph "\V, Duncan, 13th V . S. Infantry, was president, and 1st Lieutenant Harvey W. Miller, 13th V. S. Infantry, was judge-advocate, were arrainged and tried: 160 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Gregorio Claveria, Antonio Valdez, Pablo Lorenzo, Alejandro Tavilin, Cornelio Estanoco, Juan Lusano, Andres Andrada, Santiago Andrada, Lazaro Lachica, Elias Castro, Jorge Antonio, ^^icolas Morales, Agustine Morales, Xieolas Padilla, Jose Ramos, Cornelio Esmiralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teo- dorico Catungal, Marcos ]\Iortera, Juan Andrada, Alejo Andrada, and Torquato Abinojar, natives. Charge L — " Kidnapping," Spec [ticat ion. — "In that they, Gregorio Claveria, Antonio Yaldez, Pablo Lorenzo, Alejandro Tavilin, Cornelio Estanoco, Juan Lusano, Andres Andrada, Santiago Andrada, Lazaro Lachica, Elias Castro, Jorge Antonio, Nicolas Morales, Agustine Morales, Nicolas Padilla, Jose Ramos, Cornelio Esmiralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teodorico Catungal, Marcos Mortera, Juan Andrada, Alejo Andrada, and Torquato Abinojar, natives, and each of them, in company of, and consorting with, a band of outlaws, armed with revolvers, rifles, and bolos', twenty- five, more or less, in number, did feloniously and forcibly seize and carry away from their homes against their wills, and against the will of each of them, the following persons, to- wit: Castor Costodio, Miguel Ellazar, Sinforozo Parocha, Antonio Per- jillana, Hilario Llones, Miguel Campos, Agustine Campos, Eugenio Campos, and Bartolome Sibayan. This on or about the 14th day of December, 1899, a time, then, as now, of insurrection against the L^'nited States Government, at or near the barrio of Casantalucian, pueblo of Urdaneta, province of Paugasinan, Luzon, P. L, a place then, as now, under the military authority of the United States, and in territory occupied by the L'nited States troops." Charge XL — "Murder." Spenfiation. — "In that they, Gregorio Claveria, Antonio Valdez, Pablo Lorenzo, Alejandro Tavilin, Cornelio Estanoco, Juan Lusano, Andres Andrada, Santiago Andrada, Lazaro Lachica, Elias Castro, Jorge Antonio, Nicolas Morales, Agustine Morales, Nicolas Padilla, Jose Ramos, Cornelio Esmiralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teodorico Catungal, Marcos Mortera, Juan Andrada, Alejo Andrada, and Torquato Abinojar, natives, and each of them, in company of, and consorting with, a band of outlaws, armed with revolvers, rifles, and bolos, twenty- five, more or less, in number, did willfully, feloniously, and with malice aforethought, kill and murder Castor Costodio, Miguel Ellazar, Sinforozo Parocha, Antonio Per- jillana, Hilario Llones, Miguel Campos, and Agustine Campos, natives, by cutting and stabbing them, the said Costodio, Ellazar, Parocha, Perjillana, Llones, Miguel Campos, and Agustine Campos, with bolos held in the hands of the said Claveria, Yaldez, Lorenzo, Tavilin, Estanoco, Lusano, Andres Andrada, Santiago Andrada, Lachica, Castro, Antonio, Nicolas Morales, Agustine Morales, Nicolas Padilla, Ramos, Esmiralda, Orap, Cosme Evangelista, Bascos, Catungal, Mortera, Juan Andrada, Alejo Andrada, and Abinojar, and in the hands of said outlaws and each of them, inflicting wounds therewith whereof they, the said Costodio, Ellazar, Parocha, Per- jillana, Llones, Miguel Campos, and Agustine Campos, then and their died. This on or about the 14th day of December, 1899, a time then, as now, of insurrection against the L'nited States, at or near the poblacion of the pueblo of Cabaruan, prov- ince of Pangasinan, Luzon, P. I., a place then, as now, under the military authority of the L'nited States, and in territorv occupied by the United States troops. Pleas.— "Not guilty." FixDixGS. — " Guilty. ' ' Sentexce. — And the commission does therefore sentence them, Gregorio Claveria, Antonio Valdez, Pablo Lorenzo, and Alejandro Tavilin, natives, and each of them, "to be hung by the neck until they are dead, at such time and place as the review- ing authority may direct, two-thirds of the members concurring therein. ' ' And the commission does therefore sentence them, Andres Andrada, Lazaro Lachica, Jorge Antonio, Nicolas Padilla, Jose Ramos, Alejo Andrada, and Torquato Abinojar, natives, and each of them, " to be confined at hard labor, at such place as the review- ing authority may direct for the period of their natural lives." And the commission does therefore sentence them, Cornelio Estanoco, Juan Lusano, Santiago Andrada, Elias Castro, Nicolas Morales, Agustine Morales, Cornelio Esmi- ralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teodorico Catungal, Marcos Mortera, and Juan Andrada, natives, and each of them, "to be confined at hard labor, at such place as the reviewing authoritv mav direct, for the period of twenty (20) years. In the foregoing case it appears that the accused, Gregoria Claveria, presidente of the pueblo of Cabaruan, proceeded with an armed band of twenty-five men, of which Antonio Valdez was a leader and Pablo Lorenzo, Alejandro Tavilin, Cornelio Esta- noco, Juan Lusano, Andres Andrada, Santiago Andrado, Lazaro Lachica, Elias Castro, Jorge Antonio, Nicolas Morales, Agustine Morales, Nicolas Padilla, Jose Ramos, Cor- CHARGES OF CRUELTY, ETC., TO FILIPINOS. 161 nelio Esmiralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teodorico Catun- gal, Marcos Mortera, Juan Andrada, Alejo Andrada, and Torquato Abinojar, willing members, to the barrio of Casantulacian, seized and bound nine of its inhabitants and conducted them, by force and blows from the butts of rifles, to the presidencia of Cabaruan. There they all drank freely of vino, the prisoners being made drunk. The accused, Gregario Claveria, then ordered them to be rebound and taken away, and he and all of the other accused led seven of their captives off in the direction of a grove of trees, a few hundred yards distance, where, two days later, the beheaded bodies of all seven were discovered, lying on the ground, in a state of putrefaction. Two of the original nine prisoners succeeded in concealing themselves in the presi- dencia, thus escaped, and were witnesses for the prosecution. Other eye-witnesses of the kidnapping fully identify all of the accused as perpetrators of the crime, and no reasonable doubt of their guilt arises from the record. The motive of the killing was a reluctance on the part of the victims to pay contributions to accused, Gregorio Claveria, or to move into and live within his jurisdiction. The sentences, approved by the department commander, are confirmed, but, as recommended by him, are, in the cases of Pablo Lorenzo and Alejandro Tavilin, com- muted to confinement at hard labor for the period of twenty (20) years. In the cases of Andres Andrada, Lazaro Lachica, Jorge Antonio, Nicolas Padilla, Jose Ramos, Alejo Andrada, and Torquato Abinojar, their sentences are mitigated to confinement at hard labor for the period of twenty (20) years, and the sentences in the cases of Cornelio Estanoco, Juan Lusano, Santiago Andrada, Elias Castro, Nicolas Morales, Agustine Morales, Cornelio Esmiralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teodorico Catungal, Marcos Mortera, and Juan Andrada, are mitigated to confinement at hard labor for the term of fifteen (15) years. The sentences against these accused, as commuted and mitigated, will be duly executed at the Presidio de Manila, to which place they will be sent under proper guard. The sentences against Gregoria Claveria and Antonio Valdez will be duly executed at the pueblo of Urdaneta, province of Pangasinan, Luzon, P. I., on the seventeenth (17th) day of May, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. By command of Major-General MacArthur: Thomas H. Baery, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Divison of the Philippines, Manila, P. I., May 9, 1901. General Orders,'' No. 92. Before a military commission which convened at the pueblo of San Fernando, Province of Pampanga, Luzon, P. L, pursuant to paragraph 1, Special Orders, No. 230, Headquarters Department of Northern Luzon, December 19, 1900, and of which Lieutenant Colonel Greenleaf A. Goodale, 3cl U. S. Infantry, was president, and Captain William R. Sample, adjutant, 3d U. S. Infantry, was judge-advocate, was arraigned and tried Domingo Bautista, native. Charge. — ' ' Murder. ' ' Specification. — " In that Domingo Bautista did, feloniously and with malice afore- thought, participate in the killing and murdering of Dalmacio Sicat, a peaceful native, by assisting in the burial alive of said Sicat. This between October 31 and December 31, 1900, in barrio San Isidro, Bacolor, Province of Pampanga, Island of Luzon, within a district then, as now, in insurrection against the United States." Plea. — To the specification, "guilty, except the words ' feloniously and with malice aforethought,' and of the excepted words not guilty." To the charge, "not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Domingo Bautista, native, "To be confined at hard labor, at such place as the reviewing authority may direct, for the remainder of his natural life." In the foregoing case of Domingo Bautista, native, it appears that the accused belonged to a small band of men whose leader, Eusebio Rojas, has paid the penalty of death for this and other crimes of which he was the chief actor and instigator. The accused, while confessing his part in the burial alive of a law-abiding man, pleaded the compulsion exercised over him by the said Rojas. But he was armed, and acted too well the part of a willing agent in this fearful crime to give weight to his defense. S. Doc. 205, pt 2—11 162 CHARGES OF CRUELTY, ETC., TO FILIPINOS. The sentence, approved by the department commander, is confirmed and will be duly executed. The Presidio de ]\Ianila is designated as the place of confinement, to which the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barey, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., May 9, 1901. General Orders, No. 93. Before a military commission which convened at the pueblo of Eomblon, Island of Romblon, P. I., pursuant to paragraph 1, Special Orders, No. 39, Headquarters Department of Southern Luzon, February 8, 1901, and of which Captain Edmund K. Webster, 2d U. S. Infantry, was president, and 1st Lieutenant Frank H. Whit- man, 2d U. S. Infantry, was judge-advocate, was arraigned and tried Pedro Recto, native. Charge, — "Murder." Specification 1. — "In that Pedro Recto, native, did, on or about the 9th day of July, 1899, then, as now, a time of insurrection, at or near Magallanes, Island of Sebryan, district of Romblon, P. I., a place then, as now, under the military gov- ernment of the United States, willfully, feloniously, and with malice aforethought, kill and murder one Cahstro Rosi, a native citizen, by stabbing, cutting, and beat- ing him, the said Calistro Rosi, with a bolo held in the hands of said Pedro Recto, thereby inflicting upon the person of the said Calistro Rosi wounds whereof he, the said Calistro Rosi, then and there died. This at or near the place and on or about the date above specified." Specifiation 2. — "In that Pedro Recto, native, did, on or about the 9th day of July, 1899, tiaen, as now, a time of insurrection, at or near Magallanes, Island of Sebryan, district of Romblon, P. L, a place then, as now^, under the military government of the United States, willfully, feloniously, and with malice aforethought, kill and murder one Anistasio Ropal, a native citizen, by stabbing, cutting, and beating him, the said Anistasio Ropal, with a bolo held in the hands of the said Pedro Recto, thereby inflicting upon the person of the said Anistasio Ropal wounds whereof he, the said Anistasio Ropal, then and there died. This at or near the place and on or about the date above specified." Plea.— "Not guilty." Finding. — Of the 1st specification, "guilty, except the words 'stabbing and beat- ing,' and of the excepted words, not guilty." Of the 2d specification, "guilty, except the words 'stabbing and beating,' and of the excepted words, not guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Pedro Recto, native, "To be confined at hard labor, at such place as the reviewing authority may direct, lor the remainder of his natural life. ' ' In the foregoing case of Pedro Recto, native, it appears from the evidence that the accused was drinking vino with a friend ; that his friend became helplessly drunk, and while in this condition the accused, with his bolo, struck him twice ; that the wounded man made outcry, and a neighbor, coming to ascertain the cause, was met by the accused, who assailed him with his bolo, cutting off a hand and inflicting a fatal wound on the head. No motive appears for the murder of these two unoffending men other than an apparent drunken recklessness and bravado on the part of the accused. The sentence, approved by the department commander, is confirmed and will be duly executed. The Presidio de Manila is designated as the place of confinement, to which the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines. Manila, P. I., May 21, 1901. General Orders, No. 99. Before a military commission which convened at the pueblo of Bautista, Province of Pangasinan, Luzon, P. L, pursuant to paragraph 10, Special Orders, No. 34, Head- quarters Department of Northern Luzon, February 5, 1901, and of which Captain CHARGES OF CRUELTY, ETC., TO FILIPINOS. 163 Harry C. Benson, 4th U. S. Cavalry, was president, and 2d Lieutenant Sylvester Bonnaffon, 13th U. S. Infantry, was judge-advocate, was arraigned and tried Eugenic Inasuria, native. Charge. — ' ' Murder. ' ' Secification. — "In that Eugenio Inasuria, native, in company of, and consorting with, a band of ladrones armed with rifles and bolos, did willfully, feloniously, and with malice aforethought, murder and kill Emilio Bulatoa and Juan de Vera, natives, by shooting them and by cutting them, the above-named natives, w^ith said rifles and bolos held in the hands of members of said band of ladrones, inflicting wounds there- with whereof they, the said Bulatoa and de Vera, then and there died. This on or about November 80, 1899, a time, then, as now, of insurrection, at or near Malasiqui Pangasinan, Luzon, P. I., a place, then, as now, under military government of the United States." Plea. — "Not guiltv." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Eugenio Inasuria, native: "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Eugenio Inasuria, native, the accused was one of six armed men who, in the day time, seized two men in a house, dragged them therefrom and, after securing such valuables as they could find, took their victims into the fields and, with rifles and war bolos, killed them. The accused, on the witness stand, admitted that the band killed the deceased, but claimed he was present through fear of one of their number. But there is no evi- dence that he was compelled, through danger to his own life, to be present, or that he is entitled to any more consideration than is due all other men who band them- selves together wdth the intent to commit robbery and murder. The sentence, approved by the department commander, is confirmed, but is com- muted to imprisonment at hard labor for the period of his natural life. As thus miti- gated, the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Baeey, Brigadier- General, U. S. Volunteers, Chief of Staff . Headquarters Division of the Philippines, Manila, P. I., May 21, 1901. General Orders, No. 100. Before a military commission which convened at the pueblo of Binaloman, Prov- ince of Pangasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department Northern Luzon, June 25,1900, and of which Maj. Joseph W. Duncan, 13th U. S. Infantry, w"as president, and 1st Lieut. Harvey W. Miller, 13th U. S. Infantry, was judge-advocate, were arraigned and tried: Feliciano Cariaga and Vinancio Cariaga, natives. Charge. — " Murder. ' ' Specification. — In that Feliciano Cariaga and Vinancio Cariaga, natives, and each of them, in company of, and consorting with, armed outlaws to the number of ten, more or less, did willfully, feloniously and with malice aforethought, murder and kill Mariano Andres by stabbing and cutting him, the said Andres, with bolos, held in the hands of the said Feliciano Cariaga and Vinancio Cariaga, and of the said out- laws, inflicting wounds therewith whereof the said Andres then and there died. This in time, then, as now of insurrection against the United States, on or about May 5, 1899, in or about Asingan, Province of Pangasinan, a place then, as now, in the theater of military operations by United States troops." Pleas.— "Not guilty." Findings.— " Guilty. " Sentence. — And the commission does therefore sentence them, Feliciano Cariaga and Vinancio Cariaga, natives, and each of them: " To be hung by the neck until dead, at such time and place as the reviewing authority may direct, two- thirds of the members concurring therein." In the foregoing case of Feliciano Cariaga and Vinancios Cariaga, natives, who were jointly tried, it appears from the testimony that these accused called deceased out of his house and then set upon and hacked him to death with their bolos, in the presence of his wife and daughter ; that the motive of the crime was the information 164 CHARGES OF CRUELTY, ETC., TO FILIPINOS. given by deceased against the accused, of stealing, killing, and appropriating to their use, a cow. It further appears that the wiie made immediate complaint of the crime to the presidente, that her testimony and that of her daughter was taken, but was con- strued as offset ])y the testimonj^ of the wives of the accused, who maintained the innocence of their husbands, and they were accordingly, not brought to trial but set at liberty. Before the military commission the wife and daughter related the story of the crime, which is corroborated by evidence of the death by violence of the deceased at the time and place as charged. The accused made no defense, but relied upon the fiction of a former trial, which, in fact, was never had. There being no reasonable doubt of their guilt, the sentence, approved by the department commander is confirmed. The sentence is, however, commuted to con- finement at hard labor for the period of their natural lives, and, as thus mitigated, will be duly executed. The Presidio de Manila is designated as the place of confinement, to which the prisoners will be sent under proper guard. By command of Major-General Mc Arthur: Thomas H, Barry, Brigadier- General, U.S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., May 22, 1901. General Orders, No. 103. Before a military commission which convened at the pueblo of Nueva Caceres, Province of Camarines Sur, Luzon, P. L, pursuant to paragraph 8, Special Orders, No. 8, Headquarters Department of Southern Luzon, January 8, 1901, and of which Lieutenant-Colonel Almond B. Wells, 9th U. S. Cavalry, was president, and First Lieutenant James A. Ryan, 9th U. S. Cavalry, was judge-advocate, were arraigned and tried : Rufino Zamudio, Gilio Alicante, Isidro de las Llagas, Higino Agabo, Tranquilino Santiago, Nicolas San Buenaventura, and Pedro San Juan, natives. Charge I. — "Abduction." Specification 1. — ''In that they, Pufino Zamudio, Gilio Alcante, Isidro de las Llagas, Nicolas San Buenaventura, and Pedro San Juan, natives and residents of the Province of Camarines, Luzon, P. I., on or about the 7th day of April, 1900, then, as now, a time of insurrection, at or near the barrio of Cabusao, jurisdiction of Libmanan, Province of Camarines, Luzon, P. L, a place now^ as then, under the military author- ity of the United States, in company of, and consorting with, a band of outlaws armed with swords, bolos, and clubs, number aud names unknown, did forcibly seize and carry away, against her will and consent, the person of Manuela Passion. This at the place and time above specified. Specification 2. — "In that they, Rufino Zamudio, Isidro de las Llagas, Higino Agabo, Tranquilino Santiago, Nicolas San Buenaventura, and Pedro San Juan, natives and residents of the Pro^ince of Camarines, Luzon, P. I., on or about the 7th day of April, 1900, then, as now, a time of insurrection, at or near the barrio of Cabusao, jurisdiction of Libmanan, Province of Camarines, Luzon, P. I., a place now, as then, under the military authority of the United States, in company of and consorting with, a band of outlaws armed with swords, bolos, and clubs, number and names unknown, did forcibly seize and carry away, against their will and consent, the following named persons: Pedro San Vicente, Euphemia San Vicente, Pedro Macauli, Eudu- viges Guerrera, Maria Guerrera, Valero Guerrera, ^Mariano Calbaltea, Maximo Gon- zales, Alejandro, surname unknown, and Aguilina, surname unknown. This at the place above specified." Charge 11. — "Assault with intent to kill. Specification. — "In that they, Rufino Zamudio, Isidro cle las Llagas, Higino Agabo, Tranquilino Santiago, Nicolas San Buenaventura, and Pedro San Juan, natives and residents of the Province of Camarines, Luzon, P. I., on or about the 7th day of April, 1900, then, as now, a time of insurrection, at or near the barrio of Cabusao, jurisdiction of Libmanan, Province of Camarines, Luzon, P. L, a place now, as then, under the military authority of the l^i^ited States, in company of, and consorting with, a band of outlaws armed with swords, bolos, and clubs, number and names unknown, did make, and cause to be made, a violent assault upon the persons of Euphemia San Vicente, Maria Guerrera, and Maximo Gonzales, by striking them and causing them to be struck by bolos or clubs or both, held in the hands of members CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 165 of said band, inflicting therewith wounds upon the persons of the said Euphemia San Vicente, Maria Guerrera, and Maximo Gonzales, with intent, then and there, feloniously, wilfully, and with malace aforethought, to kill and murder the said Euphemia San Vicente, Maria Guerrera, and Maximo Gonzales. This at the time and place above specified." Charge III.—" Murder." Specification 1. — "In that they, Rufino Zamudio, Gilio Alicante, Isidro de las Llagas, Nicolas San Buenaventura, and Pedro San Juan, natives and residents of the Province of Camarines, Luzon, P. I., on or about the 7th day of April, 1900, then, as now, a time of insurrection, at or near the barrio of Cabusao, jurisdiction of Libmanan, Province of Camarines, Luzon, P. I., a place, now, as then, under the military authority of the United States, in company of, and consorting with, a band of out- laws armed with swords, bolos, and clubs, number and names unknown, did wilfully, feloniously, and with malice aforethought, kill and murder Manuela Passion by striking her, and causing her to be struck, by a bolo, held in the hands of members of said band, inflicting therewith wounds from which the said Manuela Passion, then and there, or shortly afterwards, died. This at the time and place above specified." Specifications. — "In that they, Rufino Zamudio, Isidro de las Llagas, Higino. Agabo, Tranquilino Santiago, Nicolas San Buenaventura and Pedro San Juan, natives and residents of the Province of Camarines, Luzon, P. I., on or about the 7th day of April, 1900, as now, a time of insurrection, at or near the barrio of Cabusao, juris- diction of Libmanan, Province of Camarines, Luzon, P. I., a place now, as then, under the military authority of the United States, in company of, and consorting with, a band of outlaws armed with swords, bolos, and clubs, number and names unknown, did willfully, feloniously, and with malice aforethought, kill and murder the following named persons: Pedro San Vicente, Pedro Macauli, Euduviges Guer- rera, Maria Guerrera, Valero Guerrera, Mariano Calbaltea, Alejandro, surname unknown, and Aguilina, surname unknown, by striking them and causing them to be struck by bolos and clubs, or both, held in the hands of members of said band, inflicting wounds therewith from which said Pedro San Vicente, Pedro jNIacauli, Euduviges Guerrera, Maria Guerrera, Valero Guerrera, ^Mariano Calbaltea, Alejandro, snrname unknown, and Aguilina, surname unknown, then and there, or shortly after- wards, died. This at the time and place above specified." Charge IV. — "Guerrilla warfare, in violation of the laws and usages of war." Specification. — "In that he, Eufino Zamudio, native, and chief of a band of outlaws to the number of twenty-five, more or less, armed with deadly weapons, to wit, swords, bolos, and clubs, on or about the 7th day of April, 1900, then, as now, a time of insurrection, at or near the barrio of Cabusao, pueblo of Libmanan, Camarines Sur, Island of Luzon, P. L, a place now, as then, under the military government of the L^nited States, did order, direct and cause the killing of certain peaceable natives, consisting of men, women and children, to the number of eleven persons, by the members of said band of outlaws, in violation of laws and usages of war. This at the time and place above specified." Pleas.— " Not guilty. " Findings. — Pufino Zamudio: Of the first specification, first charge, "guilty;" of the second specification, first charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the first charge, "guilty;" of the specifica- tion, second charge, "guilty;" of the second charge, "guilty;" of the first specifica- tion, third charge, "guilty;" of the second specification^ third charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the third charge, "guilty;" of the specification, fourth charge, "guilty;" of the fourth charge, "guilty." Isidro de las Llagas: Of the first specification, first charge, "guilty;" of the second specification, first charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the first charge, "guilty;" of the specification, sec- ond charge, "guilty;" of the second charge, "guilty-" of the first specification, third charge, "guilty;" of the second specification, third charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guiltv;" of the third charge, "guilty." > « . ' Higino Agabo: Of the second specification, first charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the 'second charge, "guilty;" of the second specification, third charge, "guiltv, except the words 'Pedro 31acauli,' and of the excepted words, not guilty;" of the third charge, "guilty." Gilio Alicante: Of the first specification, first charge^ "guilty;" of the firstcharge, "guilty;" of the first specification, third charge, "iiuiltv;" of the third charge, ^'guilty." 166 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. Nicolas San Buenaventura: Of the first specification, first charge, "guilty;" of the second specification, first charge, "guilty, except the words 'Pedro Macauli,' and of the excei^ted words, not guilty ; " of the first charge, ' ' guilty ; " of the specification^ second charge, "guilty;" of the second charge, "guilty;" of the first specification, third charge, "guilty;" of the second specification, third charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the third charge^ "guilty." Pedro San Juan: Of the first specification, first charge, "guilty;" of the second specification, first charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the first charge "guilty;" of the specification, second charge, '"guilty;" of the second charge, "guilty;" of the first specification, third charge, "guilty;" of the second specification, third charge, "guilty, except the words ' Pedro Macauli,' and of the excepted words, not guiltv; " of the third charge, "guilty." Tranquilino Santiago: Of the second specification, first charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty;" of the second specification, third charge, "guilty, except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the third charge, "guilty." Sentence. — And the commission does therefore sentence the accused: Rufino Zamudio, Gilio Alicante, Isidro de las Llagas, and Higino Agabo, natives^ and each of them, "To be hanged by the neck until they, and each of them, are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." Nicolas San Buenaventura and Pedro San Juan, natives, and each of them, "To be confined at hard labor, at such place as the reviewing authority may direct, for the period of five years." Tranquilino Santiago, native, "To be confined at hard labor, at such place as the reviewing authorit}' niay direct, for the period of two years." In the foregoing case of Rufino Zamudio, Gilio Alicante, Isidro de la Llagas, Higino Agabo, Tranquilino Santiago, Nicolas San Buenaventura, and Pedro San Juan, natives, it appears from the record that Rufino Zamudio had been an insurgent soldier, and,, while residing at Cabusao, conceived the idea of styling himself a chief; that, aided and abetted by two or three Tagalog insurgents and a few confederates of the barrio, he caused notice to be served upon the people to assemble at a given place in order to- be presented to one General Santos, who would, punish them if they failed to obey. Men, women, and children obeyed the mandate, and, in coming together, the men were told by the said Zamudio that they were required to take an oath to resist the Americans to the death. After the oath had been administered and the men made to kiss and pass under crossed swords, the}' were formed in ranks and given orders to take certain persons to another place, there to be presented to General Santos. As the evidence shows, the use of the name of General Santos by the leaders of this band of assassins was but a cruel deception M^hereby they veiled their sinister design of introducing their intended victims, by death, to another world. Their victims were selected from the relations and friends of a native pilot on a steamboat engaged between "Manila and Nueva Caceres. Upon the slender pretext that this pilot must be an Americanista, eleven persons, among them one aged woman and four children of tender age, were taken into the fields, on their way to be presented to the fictitious General Santos, and there brutally assaulted with clubs and bolos until left for dead. Three of the victims revived, two succeeded in reaching succor and safety, while the other, being betrayed in the house she had reached, was again seized by three men — one of whom was Higino Agabo, of the accused — and her almost lifeless body taken on a carabao cart to the fields again, since when she has not been seen. Two of the survivors exhibited to the commission many scars of the frightful wounds they received when left for dead, and, as witnesses, related many details of the crime. Their testimony is confirmed by other witnesses. That at least seven men, women, and children of both sexes lost their lives at the hands of these accused there is no reasonable doubt. The deceptive manner in which some of these accused were called together, made to take the oath, to form in ranks and be told off in parties — one party to take the men and boys and the other the women and young girls, and witness their death, and aid, in some instances, in the act of murder — has moved the department com- mander, in his approval of the sentences, to remit that of Tranquilino Santiago. The action of the department commander being final in all of the cases of these accused except Rufino Zamudio, Gilio Alicante, Isidro de las Llagas, and Higino Agabo, their sentence is confirmed, but in the cases of Gilio Alicante and Isidro de las Llagas is commuted to confinement at hard labor for life, at the Presidio de Manila, to which place they will be sent under proper guard. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 167 In the cases of Rufino Zamudio and Higino Agabo, the sentence will be duly exe- cuted at the pueblo of Nueva Caceres, province of Camarines Sur, Luzon P. I., on, the fifth (5th) day of July, A. D. 1901, under the direction of the commanding gen- eral Department of Southern Luzon. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U.S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, F. ]., May 31, 1901. General Orders, No. 108. Before a military commission which convened at Gerona, province of Tarlac. Luzon, P. L, pursuant to paragraph 3, Special Orders, No. 193, Headquarters De- partment of Northern Luzon, November 9, 1900, and of which Captain Robert K. Evans, 12th U. S. Infantry, was president and 1st Lieutenant George H. Shields, jr., 12th U. S. Infantry, was judge-advocate, was arraigned and tried Juan Aganon, a native. Charge. — '' War rebel." Specification. — "In that Juan Aganon, native, in territory occupied b}' United States troops, at a time, then as now, of insurrection against the lawful authority of the United States, without being part or portion of any organized hostile army, and without sharing continuously in the insurrection, but living habitually at his home, following a peaceful avocation without the character or appearance of a soldier, did order the inhabitants of the barrios of Pura to enter the pueblo for the purpose of assassinating the chief of police, Esteban A^ersosa, attacking the American troops stationed there, and to cut the telephone wires in habitual use by the United States military authorities for the transaction of pubUc business, and in compliance with these orders, the pueblo of Pura was entered, the chief of police badly wounded, and the telephone wire between Pura and Victoria cut. This on or about October 14, 1900, at or near the jDueblo of Pura, Tarlac Province, P. I." Plea.— "Guiltv." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Juan Aganon, native, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct. Two-thirds of the members concurring." In the foregoing case of Juan Aganon, native, no issue of fact is raised, both charge and specification being admitted by the plea of "guilty," entered by the accused, and his criminal culpability is thereby acknowledged. It is shown that the accused, while living within the lines of the American forces in the guise of habitual peaceful avocation, and without being a portion of any organ- ized hostile army or having the appearance or character of a soldier, did actively exert his energies to the assistance of the enemy and the injury of the American Government, the benefits of whose protection he was accepting. It is shown that in obedience to orders, he cut the telephone wires, caused to be executed an attempt at the assassination of the chief of police of Pura, resulting in the serious wounding of that official; and that he prearranged an attack on the troops there stationed. Of such war rebels the laws of nations and of war have definitely fixed the status, and the authorized penalty is that of death. The sentence, approved by the department commander, is confirmed, but, in the spirit of his recommendation, and in view of the dominant political aspect of the case, is commuted to imprisonment at hard labor for the term of ten (10) years. The Presidio de Manila is designated as the place of confinement, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, 3Ianila P. I., May 31, 1901. General Orders, No. 109. Before a military commission which convened at Tai'lac, Province of Tarlac, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 193, Headquarters Department of Northern Luzon, November 9, 1900, and of which Captain Robert K. Evans, 12th 168 CHARGES OF CRUELTY, ETC., TO FILIPINOS. U. S. Infantry, was president and 1st Lieutenant George H. Shields, jr., I2th U. S. Infantry, was judge-advocate, were arraigned and tried: Agapito Baun, Pablo Lorenzo and Claro Lorenzo, natives. Charge I.— ".Murder." Speafi cation. — "That on the night of the 24th day of July, A. D. 1900, then as now a time of insurrection, at the barrio of San Carlos, pueblo of Murcia, Province of Tarlac, Island of Luzon, of the Philippine Islands, a place then as now under the military occupation and government of the United States, Agapito Baun, Pablo Lorenzo and Claro Lorenzo, Filipinos and residents of said Province of Tarlac, in company of and consorting with other natives to the number of six, more or less, armed with bolos and rifles, did felonously, wilfully and with malice aforethought murder and kill Delmosio Gutierres and Agrifino Baun, Filipinos, and residents of said barrio of San Carlos, a barrio of pueblo of Murcia, Province of Tarlac, by then and there cutting the said Delmosio Gutierres and Agrifino Baun, with bolos held in the hands of the said Agapito Baun, Pablo Lorenzo and Claro Lorenzo, and of their companions to the number of six, more or less, then and there inflicting upon the said Delmosio Gutierres and Agrifino Baun, divers cuts and wounds by reason of which said cuts and wounds the said Delmosio Gutierres and Agrifino Baun, then and there died." Charge II. — "Abduction." Specification. — "That on the night of the 24th day of July, A. D. 1900, then as now a time of insurrection at the barrio of San Carlos, pueblo of Murcia, Province of Tar- lac, Island of Luzon of the Philippine Islands, a place then as now under the military occupation and government of the U. S., Agapito Baun, Pablo Lorenzo, and Claro Lorenzo, Filipinos and residents of the said Province of Tarlac, in company of and consorting with other natives to the number of seven, more or less, did feloniously, willfully and with malice aforethought, abduct and carry away Antonia de Leon, Placida Gutierres, Potenciana Gutierres, Avomen and Filipinos, and Marcelo Gutierres and Feliz Baun, children and Filipinos, residents of said barrio of San Carlos, a barrio of pueblo of Murcia, Province of Tarlac, by then and there forcing the said Antonia de Leon, Placida Gutierres, Potenciana Gutierres, women, and Marcelo Gutierres and Feliz Baun to accompany the said Agapito Baun, Pablo Lorenzo and Claro Lorenzo and their companions to the number of six, more or less, west in the direction of the mountains of Mariones and the river O'Donnel, from which the said Antonia de Leon, Placida Gutierres, Potenciana Gutierres, Marciio Gutierres, and Feliz Baun have never returned, nor been heard from since said night of July 24, A. D. 1900." Charge III. — " Intimidation and assault. " Specification. — "That on the night of the 24th day of July, A. D. 1900, at about and between the hours of 10 p. m. and 12 p. m., then as now a time of insur- rection at the barrio of San Carlos, pueblo of Murcia, Province of Tarlac, Island of Luzon, of the Philippine Islands, a place then as now under the military occupation and government of the United States, Agapito Baun, Pablo Lorenzo and Claro Lo- renzo, Filipinos and residents of the said Province of Tarlac, in company of and consorting with others to the number of six, more or less, did feloniously, willfully and with malice aforethought, assault and intimidate Miguel Torres, Filipino and a resident of the said ban-io of San Carlos, and an officer of the civil government of said barrio of San Carlos, while on duty as official of said barrio of San Carlos at the guardhouse of said barrio of San Carlos, by seizing and tying the said Miguel Torres to a post in said guardhouse of said barrio of San Carlos, and threatening the said Miguel Torres' life if he reported to the U. S. military force at Sitio Burnt R. R. station in Murcia, Province of Tarlac, to the effect that said ]Miguel Torres was unable to pursue his official duties by fear of said Agapito Baun, Pablo Lorenzo and Claro Lorenzo." Pleas.— "Not guilty." Findings. — ' ' Guilty. ' ' Sentence. — And the commission does therefore sentence them, Agapito Baun, Pablo Lorenzo, and Claro Lorenzo, natives, and each of them: "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring." In the foregoing case of Agapito Baun, Pablo Lorenzo, and Claro Lorenzo, natives, it ai)i)ears from the record that a party of outlaws entered a small barrio at night, seized and bound the watchman, and then proceeded to murder a man and a boy about eight years of age; that they then set fire to the house of the dead man, in the debris of which his charred remains were found, abducted his wife, two other women and two children, none of whom haN'e since been seen in life. It further appears that these accused did not come into the barrio with the band, but being there resi- dent, they armed and joined themselves to the outlaws in the perpetration of these CHARGES OF CRUELTY, ETC., TO FILIPINOS. 169 crimes. Except an intimation rather than proof of a feud between the famihes of Baun and Gutierres, there appears no motive for the kilHng of so many helpless people. It is not clear, however, that these accused were the instigators or principal actors, but it is proven beyond a reasonable doubt that they, by their presence, countenanced these crimes and in a large measure are jointly responsible therefor. The sentence, approved by the department commander, is confirmed, but is com- muted to confinement at hard labor for the period of their natural lives. The Presidio de Manila is designated as the place of confinement, to which place the prisoners will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, June 6, 1901. General Orders, No, 114. Before a military commission which convened at Iba, province of Zambales, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 143, Headquarters Department of Northern Luzon, September 23, 1900, and. of which Captain Harry A. Leonhaeusar, 25th U. S. Infantry, was president, and Second Lieutenant Harol D. Coburn, 25th XJ. S. Infantry, was judge-advocate, was arraigned and tried Elias Agpalo, a native. Charge I. — "Murder." Specification 1. — "In that he, Elias Agpalo, native, did, with malice aforethought, feloniously and willfully kill and murder one Narciza Amigable, native, during the month of October, 1899, date not known, then, as now, a time of insurrection against the L^nited States, in the town of San Marcelino, province of Zambales, P. I., a place then, as now, under the military government of the United States, by cutting and stabbing said Amigable with a bolo held in the hands of said Agpalo, inflicting wounds therewith whereof the said Amigable then and there died." Specification 2. — "In that he, Elias Agpalo, native, did, with malice aforethought, feloniously and willfully kill and murder one Severino Amigable, native, during the month of October, 1899, date not known, then, as now, a time of insurrection against the United States, in the town of San Marcelino, province of Zambales, P. I., a place then, as now, under the military government of the United States, b}^ cutting and stabbing the said Amigable with a bolo held in the hands of said Agpalo, inflicting wounds therewith whereof the said Severino Amigable then and there died." Specification 3. — "In that he, Elias x\gpalo, native, did, with malice aforethought, feloniously and willfully kill and murder one Diega de la Cruz, wife of Severino Amigable, native, during the month of October, 1899, date not known, then, as now, a time of insurrection against the LTnited States, in the town of San Marceli^no, prov- ince of Zambales, P. I., a place then, as now, under the military government of the United States, by cutting and stabbing said Diega de la Cruz, with a bolo held in the hands of said Agpalo, inflicting wounds therewith whereof the said Diega de la Cruz then and there died." Charge II. — "Assault and battery with intent to kill." Specification. — "In that he, Elias Agpalo, native, did make a violent assault upon one Mateo Isidro, native, during the month of October, 1899, date not known, then, as now, a time of insurrection against the United States, in the town of San Marce- lino, province of Zambales, P. I., a place then, as now, under the military government of the United States, l)y cutting and stabbing the said Isidro with a bolo held in the hands of said Agpalo, with intent then and there feloniously, willfully, and with malice aforethought, to kill and murder the said Mateo Isidro." Plea.— "Not guilty." Finding. — Of the first specification, first charge, "not guilty;" of the second speci- fication, first charge, "guilty, except the words, 'with malice aforethought' and 'murder,' and of the excepted words, not guilty;" of the third specification, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty, excei)t the words, 'and Avith malice aforethought' and the words, 'and murder,' and of the excepted words, not guilty; "of the second charge, "guilty." Sentence. — .4nd the commission does therefore sentence him, Elias Agpalo, native, "To be confined at hard labor, at such place as the reviewing authority may direct, for a period of fifteen (15) years." In the foregoing case of Elias Agpalo, native, it is shown that the accused entered the house of one Severino Amiiial)le; that shortlv thereafter women's screams were 170 CHARGES OF CRUELTY, ETC., TO FILIPINOS. heard issuing from this house, and, upon a neighbor entering to ascertain tlae cause, he saw the accused with a bloody bolo in his hands and Severino Amigable, his wife, Diega, and his 18-year-old daughter lying dead on the floor and hacked with bolo cuts. This neighbor himself was then attacked by accused with his bolo, wounded upon the shoulder and arm, and immediately thereafter accused fled. On behalf of the prosecution, in addition to the above, a voluntary confession was admitted in evidence to the following effect. Accused stated: "I was passing the house of these victims, whose names I do not remember. The old woman Avas sitting in the window and asked me to come in. I went in because I was looking for her son, who was a policeman (as was accused). After entering, the old man, who was in bed with a blanket, got up, took a bolo and struck me across the throat. I started to light, and cut the old man with the bolo first; I then cut the old lady and she died, then the old man started to fight and I killed him. The young girl then took hold of my arm and begged me not to kill her, but I, thinking I was going to die from the wounds I had received, thought I would kill her that she might not marry anyone else, and I did kill her; then a man came up and I cut him with a bolo also," The evidence of the witness, Mateo Isidro. the neighbor who was attacked, is to the effect that when he entered the room where were accused and his victims, the only bolo there was the one in the hands of the accused, and that accused was not wounded. AVith the exception of the finding and identification of the dead bodies by the son of Severino Amigable, the above constitutes the case of the prosecution. Xo e^ddence was offered by accused, and he declined to be sworn or to make any statement. On this evidence the commission has found the accused not guilty of the murder of !Narciza Amigable. whom he says he killed in order to prevent her from marrying another, and whom the witness, Mateo Isidro, testified he saw lying dead at the feet of accused, who held a bolo in his hand. Of the killing of Severino Amigable and his wife, Diega, accused was foiuid guilty, but without "malice aforethought," and not guilty of murder, but of manslaughter. Of an assault with intent to kill, committed upon Mateo Isidro, he is found guilty, and his sentence on the whole case was fixed at ten years' imprisonment at hard labor, subsequently revised to fifteen years, with a revised finding as above set forth. Under the circumstances, to make comment or remark is deemed needless and nugatory, further than to concur in the view expressed by the department com- mander that the sentence is deemed inade4uate. Subject to the foregoing remark the sentence, approved by the depaitment com- mander, is confirmed and will be duly executed at the Presidio de Manila, to which the prisoner will be sent under proj^er guard. By command of ]^Iajor-General MacArthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquartees Division of the Philippixes, Manila, F. I., June 6, 1901. General Orders, !>so. 115. Before a military commission which convened at Villasis, Province of Pangasinan Luzon, P. I., pursuant to paragraph 3, Special Orders, Xo. 220, Headquarters Depart- ment of Xorthern Luzon. December 8, 1900, and of which Captain Samson L. Faison, 13th U. S. Infantry, was president, and First Lieutenant Harvey W. Miller, 13th I'. S. Infantry, was judge-advocate, were arraigned and tried Faustino Mago and Fortunato Abanlog, natives. Charge. — ' ' Murder. Specification. — " In that Faustino Mago and Fortunato Abanlog, natives, in company of, and consorting with, a band of armed ladrones, willfully, feloniously, and with malice aforethought, murder and kill Santiago Eamos. by stabbing him with daggers held in the hands of said INlago and said ladrones, inflicting- vrounds therewith whereof the said Ramos then and there died. This, on or about December 11, 1899, in time, then, as now, of insurrection, at or near Villasis, Pangasinan, P. I., a place, then, as now, under the military government of the L^nited States." Pleas. — "Not guilty!" Findings. — "Guilty." Sentence. — And the commission does therefore sentence him, Faustino Mago, native, "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." And the commission does therefore sentence him, Fortunato Abanlog, native, "To CHARGES OF CRUELTY, ETC., TO FILIPINOS. l7l be confined at hard labor, at such place as the reviewmg authority may direct, for the period of 25 years. In the foregoing case of Faustino Mago and Fortunato Abanlog, natives, it appears that the former was the leader and the latter a member of an armed band of outlaws, which, on about December 11, 1899, sequestrated and murdered by stabbing with dag- gers one Santiago Ramos, suspected of being an American spy. The actual killing was consummated by Faustino Mago and Fortunato Abanlog, the latter acting under the orders of the former, though undoubtedly a willing member of the band of out- laws and participator in its general criminal operations, but in this particular crime, it is apparently shown in the case for the prosecution that he participated under the direct order and innnediate coercion of Mago, who threatened him with his gun. This circumstance must be considered in fixing the degree of crime. The sentence, approved by the department commander, is confirmed, but as to accused Faustino ;^Iago, must be inoperative, as he has already suffered the penalty of death for a similar crime. As to accused Fortunato Abanlog, in conformity with the recommendation of the department commander, the sentence is mitigated to imprisonment at hard labor for the term of 15 years, and as thus mitigated the sen- tence will be duly executed at the Presidio de Manila, to which place this prisoner will be sent, under proper guard. By command of Major- General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff'. Headquarters Division of the Philippines, Manila, P. /., June 11, 1901. General Orders, !No. 116. Before a military commission which convened at the pueblo of Villasis, Province of Pangasinan, Luzon, P. I., pursuant to paragraph 3, Special Orders. Xo. 220, Head- quarters Department of Xorthern Luzon, December 8, 1900, and of which Captain Samson L. Faison, 13th U. S. Infantry, was president, and First Lieutenant Harvey W. Miller, 13th U. S. Infantry, was judge-advocate, was arraigned and tried Ful- gencio Bascos, native. Charge. — " Murder. ' ' Speclficalion . — "In that Fulgencio Bascos, native, in company of and consorting with a band of ladrones, armed with rifles, did willfully, feloniously, and with malice aforethought, murder and kill Miguel Barientos, vice-presidente of Villasis, Pangasi- nan, P. I., by shooting him, the said Barientos, with rifles held in the hands of members of said hand of ladrones, inflicting wounds therewith, whereof the said Barientos then and there died. This on or about December 10, 1899, in time, then, as now, of insurrection, at or near Villasis, Pangasinan, P. I., a place then, as now, under the militarv government of the United States." Plea.— "Xot guilty." Finding. — Of the specification, "guilty, except the words 'in company of and consorting with, a band of ladrones, armed with rifles,' substituting therefor, 'armed with a rifle,' and except the word 'rifles' after the words 'the said Barientos, with,' substituting therefor the words 'a rifle,' and except the words 'members of said band of ladrones,' substituting therefor the words 'one Augustin Macabitas, native,' and of the excepted words in each case, not guilty, and of the substituted words in each case, guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Fulgencio Bascos, native, "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case it appears that the accused, Fulgencio Bascos, native, cap- tured, at the muzzle of his rifle, one Miguel Barientos, vice-presidente of Villasis, and then forced h\ threats and blows a lad of seventeen years of age to shoot his victim from behind, at a range of some twenty feet, from the effects of which shot the deceased then and there died. There is some evidence that the victim belonged to a rival faction to that repre- sented by accused and had taken part in an attack upon the pueblo of which the accused was a sulDcabeza. The sentence, approved 1)y the department commander, is confirmed, but, as recom- mended by him, is commuted to imprisonment at hard labor for the term of twenty (20) years, and as thus commuted will l^e duly executed at the Presidio de Manila, to which place the accused, Fulgencio Bascos, will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. 172 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Headquarters Division of the Philippines, Manila, F. I., June 11, 1901. General Orders, No. 117. Before a military commission which convened at the pueblo of Nueva Caceres, province of Camarines Sur, Luzon, P. I. , pursuant to paragraph 8, Special Orders, No. 8, Headquarters Department of Southern Luzon, January 8, 1901, and of which Lieut. Col. Almond B. Wells, 9th U. S. Cavalry, was president, and First Lieut. James A. Ryan, 9th U. S. Cavalry, was judge-advocate, was arraigned and tried Querino Biday, native. Charge I. — "Kidnaping." Specification. — "In that Querino Biday, native, m company of and consorting with a band of armed outlaws, to the number of five, more or less, did enter the house of one Ramuda Apopos, native, and did forcibly seize, bind, and carry away one Donicio Noqui, native, against his will and consent. This, in or about the month of June, 1900, then, as now, a time of insurrection, at or near the sitio of Taririg, pueblo of Minalabag, Camarines Sur, Luzon, P. I., a place then, as now, under the military authoritv of the United States." Charge II.— "Murder." Sjjeciticafion. — "In that Querino Biday, native, in company of and consorting with a band of armed outlaws, to the number of five, more or less, did willfully, feloniously, and with malice aforethought, kill and murder one Donicio Noqui, by stabbing him with a dagger, held in the hands of said Querino Biday, inflicting therewith wounds from which the said Donicio Noqui then and there shortly afterwards died. This in or about the month of June, 1900, then, as now, a time of insurrection, near the house of one Botor, pueblo of Minalabag, Camarines Sur, Luzon, P. L, a place then, as now, under the militarv authoritv of the United States." Plea.— "Not guilty." Findings. — Of the specification, first charge, "guilty except the words 'did enter the house of one Ramudo Apopos, and.' " Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Querino Biday, na- tive, "to be confined at hard labor, at such place as the reviewing authority may direct, for the rest of his natural life." In the foregoing case it appears that the accused, Querino Biday, was one of a band of five armed outlaws, who seized and carried off from the sitio of Taririg, Camarines Sur, one Donicio Noqui, who was subsequently accused of being a Macabebe and American spy, and upon his denial, the accused plunged a dagger into his heart from the effects of which he died. No reasonable doubt of the guilt of the a'ccused arises from the record, and no miti- gating circumstance accompanied the perpetration of the deed. The commission trying the cause fell into error by omitting to find accused not guilty of the excepted words in its findings, but, as these exceptions were entirely immaterial as affecting the merits of the cause, and in no wise affect a substantial legal right of the accused, the error is not fatal. The sentence, approved by the department commander is confirmed, and will be duly executed at the iPresidio de Manila, to which place the accused, Querino Biday, will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, June 13, 1901. Oeneral Orders, No. 118. Before a military commission which convened at the pueblo of Lingayen, province of Pangasinan, Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 234, Head- quarters Department of Northern Luzon, December 23, 1900, and of which Maj. Charles L. Hodges, 17th U. S. Infantr}', was president, and Second Lieut. John R. Thomas, jr., 17th U. S. Infantry, was judge-advocate, w^as arraigned and tried Isidro Velasco, a native. Charge I. — "Murder." Specification 1. — "In that Isidro Velasco, native, in company of and consorting with a band of outlaws numbering seven, more or less, armed with rifles and bolos, did will- fully, feloniously, and with malice aforethought kill and murder four natives, Manuel Tandoc, Biviana Mandap, Benigno Tandoc, and Valentin Tandoc, by hanging them CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 173 to a limb of a tree and by shooting them with rifles and cutting them with bolos held in the hands of the said Isidro Yelasco, of which hanging to the limb of a tree and of which wounds then and there inflicted by shooting them with rifles and cut- ting them with bolos held in the hands of the said Isidro Velasco, the said Manuel Tandoc. Biviana INlandap, Benigno Tandoc, and Valentin Tandoc, then and there died. This in time, then as now, of insurrection against the United States, on or about June 18, 1900, in the mountains about seven miles west of Aguilar, province of Pangasinan, a place then, as now, in the theater of active military operations. Specification 2. — In that Isidro Velasco, in company of and consorting with a band of outlaws, to the number of seven, more or less, armed with rifles and bolos, did willfully, feloniously, and with malice aforethought kill and murder Pioquinto Zamuco and Julian Zamuco, by shooting them with rifles and cutting them with bolos, thereby inflicting wounds, whereof they, the said Pioquinto Zamuco and Julian Zamuco, natives, then and there died. This in time, then as now, of insur- rection against the United States, on or about December 18, 1899, at or near the pueblo of Aguilar, province of Pangasinan, a place then, as now, in the theater of active military operations." Specification 3. — "In that Isidro Velasco, in company of and consorting with a band of outlaws, to the number of seven, more or less, armed with rifles and bolos, did willfully, feloniously, and with malice aforethought kill and murder one Catalino Ulanday, native, by shooting him and stabbing him with bolos held in the hands of Isidro Velasco and throwing his body into the river, inflicting wounds therewith whereof he, the said Catalino Ulanday, then and there died. This in time, then as now, of insurrection against the United States, on or about December 15, 1899, at or near the pueblo of Aguilar, province of Pangasinan, a place then, as now, in the theater of active military operations. ' ' Specification 4- — "In that Isidro Velasco, in company of and consorting with a band of outlaws, to the number of seven, more or less, armed with rifles and bolos, did willfully, feloniously, and with malice aforethought kill and murder Vicente Suniga, native, by shooting him Avith rifles and cutting him with bolos, thereby inflicting wounds whereof the said Vicente Suniga then and there died. This in time, then as now, of insurrection against the United States, on or about September 15, 1899, at or near the pueblo of Aguilar, province of Pangasinan, a place then, as now, in the theater of active military operations." Charge II. — "Kidnapping." Specification. — "In that Isidro Velasco, in company of and consorting with a band of armed outlaws, to the number of seven, more or less, did feloniously and forcibly seize, kidnap, carry away, and restrain against his will Vicente ^Nlamerto, native. This at or near Aguilar, province of Pangasinan, a place then, as now, in the theater of active militarv operations, on or about December 20, 1899, in time of insurrection." Chaege III.— "Eobbery." Specification. — "In that Isidro Velasco, in company of and consorting with an armed band of outlaws, to the number of seven, more or less, did feloniously and forcibly take, steal, and drive away vacas, to the number of twelve, more or less, the property of Saturnino Zaratan. This at Aguilar, province of Pangasinan, on or about December 27, 1899, then, as now, in the theater of active militarv operations." Plea.— "Xot guilty." Finding. — Of the flrst specification, first charge, "guilty, excepting the words ' kill and murder four natives, Manuel Tandoc, Biviana Mandap, Benigno Tandoc, and Valentin Tandoc, by hanging them to a limb of a tree and by shooting them Avith rifles and cutting them with bolos held in the hands of the said Isidro Velasco, of which hanging to the limb of a tree and of which wounds then and there inflicted by shooting them with rifles and cutting them with bolos held in the hands of the said Isidro Velasco,' substituting therefor the words 'order the said band to kill and murder four natives, Manuel Tandoc, Biviana INIaiidap, Benigno Tandoc, and Valen- tin Tarudoc, which order was executed by said band, by hanging them, flannel Tandoc, Biviana ^Mandap. Benigno Tandoc, and Valentin Tandoc, to a limb of a tree, of which hanging,' of the excepted words not guilty, of the substituted words guilty-." Of the second specification, first charge, "not guilty." Of the third speci- fication, first charge, "not guilty." Of the fourth specification, first charge, "not guilty." Of the first charge, "guilty." Of the specification, second charge, "guiltv." Of the second charge, "guiltv." Of the specification, third charge, ' ' guilty. ' ' Of the third charge, / ' guilty. ' ' " Sentence. — And the commission does therefore sentence him, Isidro Velasco, "to be confined at hard labor, at such place as the reviewing authority may direct, for the period of twenty-five years." In the foregoing case it appears that the accused, Isidro Velasco, native, was the iTtl: CHARGES OF CRUELTY, ETC., TO FILIPINOS. leader of a band of outlaws and ordered and caused to be consummated the killing by hanging of INIanuel Tandoc, Biviana ^Nlandap, his wife, and Benigno Tandoc, and Yalentin Tandoc, their children, on the accusation that they "told too many tales." On another occasion this accused and his band kidnapped and kept prisoner one Vicente ^Nlamerto, at or near Aguilar, Pangasinan, and it is shown that they robbed another native of some twelve head of cattle. The cruel and inhuman hanging of a woman and her children is not susceptible of justification to any degree, and the statements of the accused that he ordered the consummation of his heinous crime in pursuance to an order of a superior of one grade above him can have no weight as affecting his criminality. Although deemed inadequate, the sentence is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U.S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., June 13, 1901. General Orders, Xo. 119. Before a military commission which -convened at the Pueblo of Gerona, Province of Tarlac, Luzon, P. I., pursuant to paragra^^h 3, Special Orders, No. 193, Head- quarters Department of Xorthern Luzon, November 9, 1900, and of which Capt. Robert K. Evans, Twelfth L^nited States Infantry, was president, and First Lieut. George H. Shields, jr.. Twelfth United States Infantry, was judge-advocate, were arraigned and tried: Pedro Mercado, Yictoriano de O'Campo, Martin Gamboa, and Magno Simbulan, natives. Charge. — " Murder." Specification. — "In that Pedro Mercado, Yictoriano de O'Campo, Martin Gamboa, and Magno Simbulon, natives, and each of them, at the barrio of Pinasling, of the Pueblo of Gerona, Province of Tarlac, Luzon, P. I. , in territory then, as now, occu- pied by United States troops, at a time then, as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought, kill and murder a native, name unknown, by stabbing the said native with a knife held in the hands of the said Pedro Mercado. This at the place above specified, in the month of Januarv, 1900." Pleas.— "Guihy." Findings. — ' ' Guilty. ' ' Sentence. — And the commission does therefore sentence them, Pedro Mercado, Yictoriano de O'Campo, Martin Gamboa, and ^Nlagno Simbulan, natives, and each of them, "to be hanged by the neck until dead, and at such time and place as the reviewing authority may direct, two-thirds of the members concurring." In the foregoing case of Pedro Mercado, Yictoriano de O'Campo, Martin Gamboa, and Magno Simbulan, natives, who were jointly tried, it appears that in obedience to the orders of a local outlaw or guerrilla chief these accused, while following the usual avocations of peace, kidnapped a Macabebe because he was "working for the Americans," and, taking him beyond the sight of the passersby, stabbed him to the heart with a dagger. Armed followers of the chief stood by to witness the execution. As in many like cases where the temporarily impressed followers of the chiefs of banditti do murder, it is impracticable to define the degree of willing acquiescence or the extent of the duress under which they act. It is known that these chiefs hold over their followers the threat of death, which they are swift to execute upon the disobedient. Moved apparently by these considerations, the department commander, in approving the sentence, has recommended its commutation to life imprisonment in the case of all these accused except one. The sentence is confirmed, but is commuted to imprisonment at hard labor for life in the case of each. Bitter as the lesson is, it must be learned that all men who join themselves in bands to accomplish unlawful purposes must choose between the danger of disobedi- ence to the chiefs of such bands and the danger of the penalties of the law, which holds each one to be guilty for the acts of all. If two or twenty or any number of men conspire together to kill a peaceful, law-abiding man, each and all are guilty of murder, and must expect to pay the penalty of the law, which is death. These accused were at liberty and had full opportunity to claim the protection of the American garrison in their midst, but they deliberately concealed the design of CHARGES OF CRUELTY, ETC., TO FILIPINOS. 175 their chiefs to kill their victim, and they themselves assassinated him. Such is their own admission. The Presidio de Manila is designated as the place of confinement to which the prisoners will be sent imder proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U. S. Volunieers, Chief of Staff . Headquarters Division of the Philippines, Mavila, P. I., June 13, 1901. General Orders, No. 120. Before a military commission which convened at the pueblo of Bautista, province of Pangasinan, Luzon, P. I., pursuant to paragraph 10, Special Orders, No. 34, Head- quart(!rs Department of Northern Luzon, February 5, 1901, and of which Capt. Harry C. Benson, Fourth Ignited States Cavalry, was president, and Second Lieut. Sylvester Bonnaffon, Thirteenth United States Infantry, was judge-advocate, were arraigned and tried: Marcelino Ferrer, Domingo Ferrer, Serapio de los Santos, and Francisco Reyes, natives. Charge I. — "Kidnapping." Specification. — "In that they, Marcelino Ferrer, Domingo Ferrer, Serapio de los Santos, and Francisco Reyes, natives, and each of them, in company of and consorting with a band of men to the number of six, more or less, armed with bolos, did forcibly seize, tie, bind, and lead away from his place of abode and against his will one Edwardo Ferrer, native. This at or near the barrio of Alangso, pueblo of San Carlos, province of Pangasinan, Luzon, P. I., a place then, as now, within the theatre of active military operations by United States forces, on or about November 17, 1899, a time then, as now, of insurrection against the United States." Charge IL — "Murder." Specification. — "In that they, Marcelina Ferrer, Domingo Ferrer, Serapio de los Santos, and Francisco Reyes, natives, and each of them, as members of a band of armed men, to the number of six, more or less, did wilfully, feloniously, and with malice aforethought, kill and murder one Edwardo Ferrer, a native, by cutting and hacking said Ferrer with a bolo or bolos, held in the hands of a member or members of said band, inflicting wounds therewith whereof the said Ferrer then and there died. This at or near the barrio of Sangasang, pueblo of San Carlos, province of Pangasinan, Luzon, P. I., a place then, as now, within the theatre of active military operations by United States troops, on or about the 17th of November, 1899, a time then, as now, of insurrection against the United States." Pleas. — "Not guilty." Findings. — Of the specification, first charge, "guilty, except the words, 'his place of abode,' substituting therefor the words, 'a rice field in a place called Cabol;' of the excepted words, not guilty of the substituted words, guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, *' guilty." Sentence. — And the commission does therefore sentence them, Marcelino Ferrer, Domingo Ferrer, Serapio de los Santos, and Francisco Reyes, natives, and each of them, "to be hanged by the neck until each of them are dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the forgoing case it appears that these accused, Marcelino Ferrer, Domingo Terror, Serapio de los Santos, and Francisco Reyes, natives, in company with an armed band of outlaws, on the 17th day of November, 1899, seized, bound, and car- ried off from his work in the rice fields, one Edwardo Ferrer, conveyed him to an isolated spot in the woods, and there murdered him with bolos. In view of the fact that the commission of this crime was in a time of general lawlessness, when no form of government had effective occupancy of the locality where it was committed, the reviewing authority is disinclined to sanction the infliction of the extreme penalty. The sentence, approved by the department conniiander, is confirmed, but is com- muted as to each of these accused to imprisonment at hard labor for the term of his natural life. As thus commuted the sentence will be duly executed at the Presidio' de Manila, to which place these prisoners will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. 176 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Headquartees Division of the Philippines, Manila, P. L, June 13, 1901. General Orders, No. 121. Before a military commission which convened at the pueblo of Moncada, Tarlac Province, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 193, November 9, 1900, Headquarters Department of Northern Luzon, and of which Capt. Robert K. Evans, 12th U. S. Infantry, was president, and First Lieut. George H. Shields, jr., 12th V. S. Infantr}^, was judge-advocate, was arraigned and tried: I. Placido Cuchapin, a native. Charge I. — "Treachery in office in violation of the laws of war." Specification 1. — "In that he, Placido Cuchapin, being duly installed presidente of .]\Ioncada, under the authority of the United States, did hold communication with the enemy by receiving in the Presidencia of Moncada one Maximino Paraso, an insurgent captain, and a bearer of orders from Fructuoso Sembrano, a guerrilla chief. This at Moncada, province of Tarlac, P. L, in territory occupied by the United States, on October 13, 1900, between 7 and 8 p. m., then, as nov\', in time of insurrec- tion." Specification 2. — "In that he, Placido Cuchapin, being duly installed presidente of Moncada, under the authority of the L^nited States, did, in obedience to orders from Fructuoso Sembrano, a guerrilla chief, issue a written order to the cabezas of Moncada, to bring their men into the town for the purpose of attacking the garrison, which order was in substance as follows: "Moncada, October U, 1900— 10 a. m. " Cabeza, "Immediately on the receipt of this order you will collect the men of your barrio and have them here in the stores at 4 p. m., in order to do the thing we have talked about. ' ' (Signed) Placido Cuchapin, ' ' Presidente. "This at Moncada, province of Tarlac, P. I., in territorj^ occupied by the United States, on or about October 14, 1900, then, as now, in time of insurrection." Specification 3. — "In that he, Placido Cuchapin, being duly installed presidente of Moncada, under the authority of the United States, did order the cabezas of .two barrios, Campo Santo and San Julian, to tear up the railroad and cut the telegraph line, in pursuance of which orders the railroad was torn up and the telegraph line cut. This at Moncada, province of Tarlac, P. I., in territory occupied l)y the United States on or about October 14, 1900, then, as now, in time of insurrection." Specification 4- — "In that he, Placido Cuchapin, being duly installed presidente of Moncada, under the authority of the United States, having taken the oath of alle- giance to the United States, did violate said oath by holding communication with the enemy and by consorting and conspiring with guerrillas against the authority of the United States. This at Moncada, province of Tarlac, P. I., in territory occupied by the L^nited States on October 13 and 14, 1900, then, as now, in time of insurrection." Charge II. — "Violation of the laws of war," Specification 1. — "In that he, Placido Cuchapin, being duly installed presidente of Moncada, under the authority of the United States, did order a house in the rear of the company quarters set on fire, with the intention of attacking the soldiers when they came out to extinguish the flames. This at IMoncada, province of Tarlac, P. L, in territory occupied by the United States on October 14, 1900, then, as now, in time of insurrection." Specification 2. — "In that he, Placido Cuchapin, being duly installed jiresidente of Moncada, under the authority of the United States, did threaten to kill Narciso Relies, native, together with his family, if he should give evidence against him, the said Cuchapin, to the Americans. This at Moncada, province of Tarlac, P. I., in territory occupied by the United States, at various times between October 14, 1900, and January 13, 1901, then, as now, in time of insurrection." Plea.— "Not guilty." Finding. — Of the first specification, first charge, "guilty, except the words ' October 13' and '7 and 8 p. m.,' substituting therefor the words 'October 14' and '3 and 5 p. m. ;' of the excepted words not guilty and of the substituted words, guilty." Of the second specification, first charge, "guilty." Of the third specification, first charge, "guilty, except the words 'Campo Santo' and 'and cut the telegraph line,' substituting for the words 'Campo Santo' the words 'San Juan,' of the excepted words not guilty, and of the substituted words guilty." Of the fourth s]^ecification, first charge, "guilty." Of the first charge, "guilty." Of the first specification, CHARGES OF CRUELTY, ETC., TO FILIPINOS. l77 second charge, "guilty." Of the second specification, second charge, "guilty, except the words 'at various times ' and of the excepted words, not guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Placido Cuchapin, native, "To be confined at hard labor, under guard, at such place as the reviewing authority may direct, for the period of thirty (30) years." In the foregoing case it appears that the accused, Placido Cuchapin, while presi- dente of the pueblo of Moncada, Tarlac, and under oath of allegiance to the United States Government, received in the presidencia, an insurgent captain, who con- veyed orders from higher insurgent authority to accused, directing him to organize an attack upon the American garrison there stationed; to destroy the railroad tracks and telegraph lines used by the United States authorities and to fire a house as the signal of attack upon the American trooj^s as they came from their quarters. It appears that while he was the recognized presidente under American authority, the accused was also chief of the Katipunan society of his pueblo. This affords the explanation of the thoroughness of his secret preparations for carrying out the orders he had received and for threatening his subordinates with the penalty of death to themselves and their families if they failed to assist him therein. While his betrayal of official trust was most treacherous, still in view of the fact that no acts of wanton cruelty are traced to his hands, the sentence, approved by the department com- mander while confirmed, is mitigated to confinement at hard labor for fifteen (15) years, as thus mitigated the sentence will be duly executed. The Presidio de Manila is designated as the place of confinement, to which place the prisoner will be sent under proper guard. II. Nicolas Valenton, native. Charge. — "Treachery in office, in violation of the laws of war." Specification 1. — "In that he, Nicolas Valenton, duly installed vice-presidente and lieutenant of the police of Moncada, under the authority of the United States, did hold communication with the enemy by receiving in the presidencia of Moncada one Maximino Paraso, an insurgent captain and a l3earer of orders from Fructuoso Sembrano, a guerrilla chief, to attack the garrison and cut the railroad and telegraph. He, the said Nicolas Valenton, having full knowledge of this fact. This at INIoncada, province of Tarlac, P. I., in territory occupied by the United States, on October 13, 1900, between 7 and 8 p. m., then, as now, in time of insurrection." S2'>ecification 2. — "In that he, Nicolas Valenton, duly installed vice-presidente and lieutenant of the police of IMoncada, under the authority of the United States, did, while acting as presidente, having received a letter from the cabeza of San Julian, informing him that an armed band had torn up the railroad track and wrecked a train, fail to report this fact to the commanding officer of Moncada, in violation of positive orders and his manifest dut}^ This at Moncada, province of Tarlac, P. I., then, as now, in time of insurrection on or about October 14, 1900." Specification 3. — "In that he, Nicolas Valenton, duly installed vice-presidente and lieutenant of the police of Moncada, under authority of the United States, having taken the oath of allegiance to the United States, did violate said oath by holding communication with the enemy and by consorting and conspiring with guerrillas against the authority of the United States. This at Moncada, province of Tarlac, P. I., in territory occupied by the United States, on October 13 and 14, 1900, then, as now, in time of insurrection." Plea.— "Not guilty." Finding. — Of the first specification, "guilty." Of the second specification, "guilty." Of the third specification, "not guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Nicolas Valenton, native, "to be confined at hard labor under guard, at such place as the reviewing authority may direct, for the period of 20 years. In the foregoing case it appears that this accused, Nicolas Valenton, native, while holding the office of vice-presidente of Moncada, aided and abetted the enemy by receiving and treating with an insurgent captain and also an insurgent messenger or order bearer from an insurgent chief, notifying accused that the American garrison there situated was to be attacked, and directing him to aid in destroying the railroad and telegrai)h wires used by the United States authorities, and that these directions were complied with. All of these facts were amply ])roven and the accused admits their truth, urging in extenuation that he was under threat that he and all of his family would suffer death in event of his noncompliance. Whatever merit may attach to such an assumed spirit of self-humiliation, the fact remains that it is neither good in law nor in morals. An honest man would have resigned the office he so treacher- ously accepted and administered. S. Doc. 205, pt 2 12 178 CHARGES OF CRUELTY, ETC., TO FILIPINOS. The sentence, approved by the department commander, is confirmed, but is com- muted to imprisonment at hard labor for the term of 10 years; as thus commuted the sentence Avill be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippixes, Manila, P. L, June 17, 1901. CTeneral Orders, No. 122. Before a military commission which convened at Davao, island of ^Mindanao, P. I., pursuant to paragraph 1, Special Orders, Xo. 141, Headquarters Department of ]Min- danao and Jolo, November 30, 1900, and of which Major Hunter Liggett, 81st Infan- try, U. S. Volunteers, was president, and First Lieutenant Charles 0. Thomas, jr., 31st Infantry, L". S. Volunteers, was judge-advocate, was arraigned and tried Oracon, a Moro. Charge. — "Murder. Specification. — "In that, on or about the 20th day of October, 1900, at the barrio of Daron, district of Davao, island of Mindanao, P. L, a place then, as now, occupied by the military forces of the L^nited States, and under the military government thereof, one Oracon, a Moro, and one Gubal, a Bagoba, did on the day and at the place aforesaid, willfully, feloniously, with deliberation, premeditation and malice aforethought, then and there assault, murder, and kill one Vicente Frenada, a Span- iard, and his servant, Maria, a Tagacaola girl, by then and there striking and cutting with a sharp instrument, commonly called a kris, the said Vicente Frenada and the said Maria, then and there and in the manner aforesaid, inflicting on the said Vicente Frenada and the said Maria various and divers womids and cuts, by reason of which said wounds and cuts, so inflicted as aforesaid, the said Vicente Frenada and the said Maria died at said barrio of Daron, on or about the said 20th day of October, A. D. 1900. This at at the place and at the time hereinbefore mentioned." Plea.— "Xot guiltv." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Oracon, a 3Ioro, "to be hanged by the neck until he is dead, at such place as the reviewing authority may direct, an unanimous concurrence therein." In the foregoing case of Oracon, a Moro, a plea of guilty offered by the accused was properly rejected by the commission, and the case on the merits developed the facts, that, in retaliation for a personal chastisement inflicted by deceased upon accused about two weeks before the crime, for some dereliction of duty or service, the latter entered the house of the former in the night time and cut and stabbed him and his servant to death with many blows of a kris. The accused made an unsworn statement at the trial admitting the fact essential to constitute the crime charged, differing from the case of the prosecution only in a denial of the alleged motive and substituting therefor the statement that the crime was committed because one Eofo Magbuanya ordered it, and the order was obeyed because accused believed Rofo to be a brave man. It does not appear that Rofo Magbuanya had any official author- ity over accused and the sole factor influencing obedience springs from the very flat- tering opinion accused claims he had for the personal bravery of the man who instigated this very cowardly assassination of an unarmed man and a defenseless woman. The sentence, approved by the department commander, is confirmed and will be duly executed at the pueblo of Davao, island of Mindanao, P. L, on the 2d day of August, A. D. 1901, under the direction of the commanding general, Department of Mindanao and Jolo. By command of Major-General Mc Arthur. Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines. Manila, P. I., Jrme 17, 1901. General Orders, Xo. 123. Before a military commission which convened at the Pueblo of Gerona, Tarlac Province, Luzon, P. I., pursuant to paragraph 3, Special Orders, Xo. 193, Xovember CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 179 9, 1900, Headquarters Department of Northern Luzon, and of which Capt. Robert K. Evans, Twelfth U. S. Infantry, was president, and First Lieut. George H, Shields, jr., w'as judge-advocate, was arraigned and tried Juan Aganon, Cosme Salmos, Antonio Taguinaldo, Juan Pagaragan, Cecilio Manavis, and Fausto Manavis, natives. Charge. — ' ' Murder. ' ' Specification. — "In that Juan Aganon, Cosme Salmos, Antonio Taguinaldo, Juan Pagaragan, Cecilio ^lanavis, and Fausto ]Manavis, natives, and each of them, at the Pueblo of Pura, Province of Tarlac, Luzon, P. L, in territory, then, as now, occupied by United States troops, and at a time, then as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought, kill and murder Esteban Versosa, the chief of police, a native, by stab- bing the said Versosa with knives held in the hands of the said Juan Aganon, Cosme Salmos, Antonio Taguinaldo, and Juan Pagaragan. This at the place above specified on or about December 1, 1900." Pleas. — "Not guilty." Findings. — "C-ruilty." Sentence. — And the commission does therefore sentence them, Juan Aganon, Cos- me Salmos, Antonia Taguinaldo, Juan Pagaragan, Cecilio Manavis, and Fausto jMan- avis, natives, and each of them, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members concur- ring." In the foregoing case of Juan Aganon, Cosme Salmos, Antonio Taguinaldo, Juan Pagaragan, Cecilio Manavis, and Fausto Manavis, it appears that these accused, prompted by the secret accusations of the Katipunans to the effect that their victim was an American spy, lured Esteban Versosa, chief of police of the Pueblo of Pura, Province of Tarlac, to the outskirts of the town on the pretext of necessity for visit- ing his guard, and there boloed him to death. The actual participation in this crime by all of these accused is fully established by direct evidence, and they offer no evi- dence, explanation, or statement to meet the proof. So long as secret societies exist, whose purpose it is to evade the laws, and men are found willing to execute their secret orders of assassination, so long must the laws, both of peace and of war, be invoked to suppress them. Working in secret and taking vengeance, now upon the good and now upon the bad — as suits their criminal inclinations — the members of these societies become enemies of all men — of friend and foe alike — and so long as they flourish the common interests and happiness of the inhabitants of the country they invest must languish. The sentence, approved by the department commander, is confirmed, and as against Juan Aganon and Fausto Manavis will be duly executed at the Pueblo of Gerona, Province of Tarlac, Luzon, P. I., on the (twelfth) 12th day of July, A. D. 1901, under the direction of the commanding general. Department of Northern Luzon. As against these accused, Cosme Salmos, Antonio Taguinaldo, Juan Pagaragan and Cecilio Man- avis, their sentences and that of each of them is connnuted to imprisonment at hard labor for the j^eriod of th^ir natural lives, and as thus commuted will be duly exe- cuted at the Presidio de ^Manila, to \vhich place they, and each of them, will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff . Headquarters Division of the Philippines, Manila, P. I., June 17, 1901. General Orders, No. 124. Before a military commission which convened at the pueblo of Tarlac, province of Tarlac, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 193, Headquarters Department of Northern Luzon, November 9, 1900, and of which Captain Robert K. Evans, Twelfth U. S. Infantry, was president, and First Lieutenant George H. Shields, jr., Twelfth U. S. Infantry, was judge-advocate, was arraigned and tried Fructuoso Sembrano, native. Charge. — " Violation of the laws of war." Specification 1. — "In that he, Fructuoso Sembrano, having, in time of insurrection, to wit, December, 1899, accepted under the United States, the office of presidente of pueblo of Gerona, province of Tarlac, territory, then, as now, occujiied by Fruited States forces, did afterwards take part with and lead a band of outlaws in an attack on American troops. This at Oa Oa, province of Tarlac, on or about October 25, 1900." Specification 2. — "In that he, Fructuoso Sembrano, native, did in territory then 180 CHAKCtES of CKUELTY. etc., to FILIPIIS^OS. as now occupied. In- United States troops, and at a time then as now of insurrection ao^ainst the lawful authority of the United States, organize a band of outlaws, fifty, more or less in number, and having caused a detachment of American soldiers to be enticed from their quarters by a band of musicians, did cause said detachment to be surrounded and attacked by said l^and of outlaws, armed with bolos and rifles, and did then and there kill and murder William F. Steiner and Otto Seaholm, and wound Arthur V. Farrar, James Carr. and William Haler, all soldiers of Company L, Seventeenth U. S. Infantrv. This at or near Oa Oa, province of Tarlac. October 25, 1900." Spedticotion 3. — '"In that he. Fructuoso Sembrano. native, did at a time then as now of insurrection against the lawful authority of the United States, and in territory then as now occupied by the military authorities of the United States, receive and accept from insurgent leader. Jose Alejandrino, an appointment as governor of the military province of Pangasinan. This on or about December 9, 1900.'' Additional charge. — "Violation of the laws of Avar." SpeciMcaiion I. — "In that Fructuoso Sembrano, native, did in territory then as now occupied by the United States troops, and at a time then as now of insurrection against the lawful authority of the United States, organize and lead a band of out- laws, fifty, more or less in number, armed with rifies, and did attack and fire U23on the troops stationed at Paniqui, province of Tarlac, Luzon, P. L, and by reason of said attack, did then and there kill and murder Teresa Palarca. a native child, of said pueblo, by the fire from rifles held in the hands of said outlaws. This at Pani- qui, P. I., on the 12th day of September, 1900." Spec'iiication 2. — "In that Fructuoso Sembrano. native, did in territory then as now occupied by the United States troops, and at a time then as now of insurrection agauist the lawful authority of the United States, organize and command a band of outlaws, names and numl^ers unknown, to tear up the railroad track, a public highway, over which were being daily transported mails, troops, and supplies belonging to the United States and cut and destroy the telegraph line along the said railway, in the vicinity of Gerona, Paniqui. and 3Ioncada. P. L, which breaking and tearing up of said railway and telegraph line did interrupt public travel and did cause a railway train to be wrecked. This in the province of Tarlac, Luzon. P. I., on the 14th dav of October, 1900." Specification 3. — "In that Fructuoso Sembrano. native, did in territory then as now occupied by United States troops, and at a time then as now of insurrection against the lawful authority of the United States, command a band of outlaws, fifty, more or less in number, armed with rifles, and did fire upon United States troops and resist the lawful authority of the United States. This near the barrio of Kiosan, pueblo of Mariones. province of Tarlac. Luzon. P. I. . on the 29th dav of December 1900." Specification 4- — "In that Fructuoso Sembrano, native, did, in the capacity of msm'gent civil governor, and military commander under the so-called insurgent gov- ernment, in the province of Tarlac. Luzon. P. I., cause secret societies to be organ- ized and maintained in the pueblos of Camiling, San Clemente, Moncada, Pura, Paniqui, Gerona, San Ignacio, and Anao and others, and did aid, coimsel and advise the inhabitants thereof, to resist the lawful authority of the L'nited States, and by the aid of such imlawful organization, did cause the death of one Esteban Versosa, chief of police of the pueblo of Pura, province of Tarlac, Luzon, P. I. This within the theater of military operations, in the territory, then, as now, occupied by Ignited States, troops, and in a time. then, as now, of insurrection and rebellion, between the first day of May and the twenty-ninth day of December, 1900." Plea. — To the first specification, first charge, "not guilty." To the second si3eci- fication, first charge, "not guilty." To the third specification, first charge, "guilty." To the first charge, ' ' guilty. ' ' To the first specification, additional charge. ' ' not guilty." To the second specification, additional charge, "not guilty." To the third specification, additional charge, "not guilty." To the fourth specification, additional charge, "not guilty." To the additicmal charge, "not guilty." Finding. — ' ' Guilty. ' ' Sentence. — And the commission does therefore sentence him, Fructuoso Sembrano, native. "To be hanged by the neck until dead, at such time' and place as the review- ing authority may direct, two-thirds of the members of the commission concurring." In the foresoing case of Fructuoso Sembrano, native, it appears of record that the accused had taken the oath of allegiance to and the oflice of presidente local of the pueblo of Gerona, Tarlac. under the Government of the United States; that there- after, in secret ways, he devoted his abilities to furthering the cause of the insurrec- tion, until being suspected of treachery and criminal misdeeds, he fled to the hills and engaged in active warfare against the Government he had sworn to support. CHAKGES OF CRUELTY. ETC., TO FILIPINOS. 181 For his fidelity to the insurgent cause, he was rewarded with the office of civil and military governor of Pangasinan. In his new capacity as an insurgent chief, he issued instructions to his subordinates, from which the following extracts are taken: "Also order all persons in your jurisdiction to employ great astuteness in trying to capture arms from the enemy, and if any of the enemy are in the habit of taking a walk, your people must try to kill him and take his arms. You will immediately advise' me the name of the person who captured the arms, that I may advise our government. The money that may be found on the enemy must be given to the brother (Katipunan) who obeved this order. Return this order and comply. November 14, 1900." [Translated from "11003110."] "Mount Bingbato, September 9, 1900. *' To the chief of the touii of Pura : "By this present I nominate you chief of this town and you may from this date order its affairs and inhabitants. You will follow strictly the following rules: 1. Make out an act signed by all the brotherhood, using their nicknames, that they will defend the cause of their mother country. 2. Cause all those to disappear who oppose this measure, or who become traitors to our holy cause. 7. The town that does not revolt with us will be at once destroyed and the people punished accord- ingly. 10. All secret spies will be killed (translated murdered) or sent alive to this camp. ' ' These thinly-veiled orders to assassinate unsuspecting victims, the evidence plainly shows, had their intended effect, both upon American soldiers and natives, and in at least one specific instance, the accused directly instigated and caused the assassination of a native policeman of Pura. That he is guilty as charged there is no reasonable doubt. The sentence, approved by the department commander, is confirmed, but is com- muted to imprisonment at hard labor for the period of his natural life. The Pres- idio de Manila is designated as the place of confinement, to which the prisoner will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Baeey, Brigadier- General, U. S. Volunteers, Chief of Staff . Headquaetees Division of the Philippines, Manila, P. L, June 17, 1901. C4eneral Orders, Xo. 125. Before a military commission which convened at the pueblo of Xueva Caceres, province of Camarines Sur, Luzon, P. L, pursuant to paragraph 8, Special Orders, Xo. 8, Headquarters Department of Southern Luzon, January 8, 1901, and of which Lieut. Col. Almond B. Wells, Xinth U. S. Cavalry, was president, and First Lieut. James A. Ryan, Xinth JJ. S. Cavalry, was judge-advocate, were arraigned and tried. I. Feliciano Abez, native. Chaege I. — "Kiclnaping." Specification. — "In that he, Feliciano Abez, native, in company of and consorting with a band of armed outlaws to the number of ten, more or less, did feloniously and forcibly seize and carry away, against their will and consent, the following persons: Andres Justiano, Valeria Justiano, Panteleon Justiano, Crispini Justiano, Estaban Justiano, Leoncia Justiano, Alejandro Justiano, Civila Justiano, Leoncio Justiano, Augustin Justiano, and Alejandra Candaleria. This on or about January 6, 1901, then, as now, a time of insurrection, at or near the pueblo of Pamplona, Camarines Sur, Luzon, P. I., a place then, as now, under the militarv authoritv of the United States." Chaege II.— "Robbery." Specification. — "In that Feliciano Abez, native, in company of and consorting with a band of armed outlaws to the number of ten, more or less, did feloniously and forcibly take from the presence of Andres Justiano household furniture, clothing, and food,_ value unknown, property of the families of Andres and Alejandro Justi- ano. This on or about January 6, 1901, then, as noAV, a time of insurrection, at or near the pueblo of Pamplona, Camarines Sur, Luzon, P. L, a place then, as now, under the militarv authoritv of the L'nited States." 182 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Charge III. — "Assault with intent to commit murder." S2)ec[ficatiou. — "In that Feliciano Abez, native, in company of and consorting with a band of armed outlaws to the number of ten, more or less, (lid willfully, feloniously, and Avith malice aforethought, assault Andres Justiano, Civila Justiauo, Leoncio Justiano, and Augustin Justiano by striking them with clul)s, bolos, and other deadly weapons held in the hands of members of said band with intent to commit murder. This on or about January 6, 1901, then, as now, a time of insurrection, at or near the pueblo of Pamplona, Camarines Sur, Luzon, P. I., a place then, as now, under the military authority of the United States." Charge IV.— "Murder." Specification. — "In that Feliciano Abez, native, in company of and consorting with a band of armed outlaws to the number of ten, more or less, did willfully, feloniously, and with malice aforethought kill and murder the following persons, viz, Panteleon Justiano, Crispini Justiano, Estaban Justiano, Leoncia Justiano, Alejandro Justiano, and Alejandra Candeleria, by striking them with clubs, bolos, and other deadly weapons held in the hands of members of said band, from which they then and there, or shortly afterwards, died. This on or about January 6, 1901, then, 3,s now, a time of insurrection at or near the pueblo of Pamplona, Camarines Sur, Luzon, P. I., a place then, as now, under the military authority of the United States." Plea.—' ' Not guilty. ' ' Finding.—' ' Guilty. ' ' Sextexce. — And the commission does therefore sentence him, Feliciano Abez, native, "to be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission con- curring therein." In the foregoing case of Feliciano Abez, native, it appears that the accused, as a member and leader of a band of outlaws, armed with spears, palma brava clubs, and daggers of hard wood, invaded the house of one Andres Justiano, at the pueblo of Pamplona, bound and carried off the whole family there residing, consisting of eleven human beings, among whom were two infants in arms, a small girl about one year of age, and an aged woman. It is shown that accused caused three men of this party to be tied to a tree and in the presence of one of them, who was father and brother of the other two, respectively, ordered these two to be killed by blows with palma brava clubs and stabbing with wooden daggers. This being done the father himself w^as similarly attacked, but subsequently survived his wounds. It is shown that the accused himself, in presence of the mothers of the children, stabbed one infant 4 months of age through and through with a wooden dagger; killed with a club and kick in the head another infant 1^^ years of age; broke the neck of an aged woman by a blow with a palma brava club; likewise killed a small girl IJ years of age; tied to a tree and struck on the head and neck with a club, Valeria Justiano, after first striking her infant in arms and breaking its collar bone, and striking her small son on the head, from the effects of Avhich he carries a deep scar three inches long. Of the eleven victims, six were killed outright and four dangerously wounded until believed to be dead. No motive other than a feud existing between accused and this family arising about a dispute over a dog and the looting of the house of ]3ortable property, appears of record to account for this most hideous and barbarous crime. The sentence approved by the department commander, is confirmed and will be duly executed at the pueblo of Nueva Caceres, province of Camarines Sur, Luzon, P. I., on the 26th day of July, A. D. 1901, under the direction of the commanding general. Department of Southern Luzon. II. Jose Avila, and Paulino Casio, natives. Charge I. — "Murder." Specificcdion. — "In that Jose Avila and Paulino Casio, natives, in company of and consorting with a band of natives, armed with bolos, twenty-five, more or less, in number, did willfully, feloniously, and with malice aforethought kill and murder Juan Legaspi, Nicolas Pabon, Baldomero Imena, Aniseta Nueva de Imena, and Eugenia Imena, natives, by cutting and stabbing the said Juan Legaspi, Nicolas Pabon, Baldomero Imena, Aniseta Nueva de Imena, and Eugenia Imena, with bolos held in the hands of said Jose Avila and Paulino Casio, and others of said band, names unknown, inflicting wounds therewith, whereof they, the said Juan Legaspi, Nicolas Pabon, Baldomero Imena, Aniesta Nueva de Imena, and Eugenia Imena, then and there died. This at or near a hemp ranch known as Quisquisan ranch, near the barrio of San Isidro, Pueblo of Iriga, province of Camarines Sur, Luzon, P. I., on or about October 19, 1900, in time of insurrection against the lawful authority of the United States and in territory occupied by United States troops." Charge II. — "Assault and battery, with intent to commit murder." Specification. — "In that Jose Avila and Paulino Casio, natives, on or about October CHARGES OF CRUELTY, ETC., TO FILIPINOS. 183 19, 1900, then, as now, a time of insurrection, at or near a hemjD ranch known as Qiiisquisan ranch, near the barrio of San Isidro, pueblo of Iriga, province of Carmarines Sur, Luzon, P. I., a place, then, as now, in the theater of active military operations, in company with a band of natives to the number of twenty-five, more or less, did will- fully, feloniously, and with malice aforethought, and with the intent and j^resent ability then and there to kill and murder Margarita Salanoba Legaspi, Mariano Xueva, Juana Ceron, and Oirecina Imena, assault and torture the said Margarita Salanoba Legaspi, Mariano Nueva, Juana Ceron, and Ofrecina Imena with sundry and divers deadly weapons, commonly called bolos, then and there held in the hands of Jose Avila and Paulino Casio, and other members of said band, names unknown, inflict- ing therewith numerous painful and dangerous wounds upon the bodies of said Mar- garita Salanoba Legaspi, Mariano Nueva, Juana Ceron, and Ofrecina Imena. This at the time and place above stated." Pleas. — "Not guilty." Findings.— "Guilty." Sentence — And the commission does therefore sentence them, Jose Avila, and Paulino Casio, natives, and each of them, ' ' To be hung by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foreging case it appears that these accused, Jose A^ila and Paulino Casio, natives, in company with a band of outlaws, entered the houses of one Juan Legaspi, at the pueblo Iriga, in the nighttime, actuated by no higher motive than robbery and degenerate cruelty and inhumanity, boloed to death five natives, including a child 3 years of age and a young girl 11; cut, wounded, and tortured three women, one small girl and one man, with the intent to kill them. No denial, explanation, or statement is made by these accused to meet the positive and direct evidence of their surviving victims and no evidence submitted by the defense negatives their guilt. The sentence, approved by the department commander, is confirmed and will be duly executed at the pueblo of Nueva Caceres, province of Camarines Sur, Luzon, P. I., on the 26th day of July, A. D. 1901, under the direction of the commanding general. Department of Southern Luzon. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, 2fanila, P. L, Jane 17, 1901. Oeneral Orders, No. 126. Before a military commission which convened at the pueblo of Palanoc, island of Masbate, P. I., pursuant to paragraph 5, Special Orders, No. 11, Headquarters Depart- ment of Southern Luzon, January 11, 1901, and of which Capt. Abner Pickering. Sec- ond U. S. Infantry, was president, and First Lieut. Peter E. Marquart, Second U. S. Infantry, was judge-advocate, was arraigned and tried: Teribio Ramirrez, native. Charge. — " Murder." Specification. — "In that h6, Teribio Ramirrez, native, did feloniously and with mal- ice aforethought, murder and kill Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, natives, and each of them, by shooting, cutting, stabbing, and striking them, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Calde- ville, with guns, revolvers, knives, bolos, and clubs held in the hands of the said Teribio Ramirrez, then and there inflicting upon the persons of the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville wounds whereof they, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, and each of them, then and there died. This at or near the pueblo of Naro. island of ]Masbate, P. I., on or about the 14th dav of August, 1900." 184 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Plea.— "Not guilty." Finding. — " Guilty. ' ' Sentence. — And the commission does therefore sentence him, Teribio Ramirrez, native, "To be hanged by the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case it appears that the accused, Teribio Ramirrez, native, was one of a band of armed outlaws which entered the house of one Antonio Echevarria, at Naro, Masbate, on August 14, 1900, robbed it of valuables, conveyed eleven occupants to the beach and there murdered them with sabers, bolos, and clubs and then tied up the dead bodies in sacks and threw them into the sea. It appears that this accused personally killed one of the victims and gave orders that the bodies should be disposed of in the above manner. The only motive shown of record is that of rob- bery. The accused admitted before the commission that he was present with the band. The sentence, approved by the department commander, is confirmed and will be duly executed at the pueblo of Masbate, island of Masbate, P. I., on the second (2d) day of August,. A. D. 1901, under the direction of the commanding general, Depart- ment of Southern Luzon. By command of Major-General MacArthur: Thomas H. Barry, Bngadier- General, U.S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, 3Iamla, P. I., June 19, 1901. General Orders, No. 129. Before a military commission which convened at the Pueblo of Pozorrubio, Province of Pangasinan, Luzon, P. L, pursuant to paragraph 3, Special Orders, No. 220, Head- quarters Department of Northern Luzon, December 8, 1900, and of which Capt. Samson L. Faison, Thirteenth U. S. Infantry, was president, and First Lieut. Harvey W. Miller, Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried, Hermanagildo Viscara and Roman Nicomedes, natives. Charge. — ' 'Murder. ' ' Specification. — ' ' In that they, Hermanagildo Viscara and Roman Nicomedes, natives, at Pozorrubio, Province of Pangasinan, Luzon, P. I., a place then, as now, under the military authority of the United States, on or about February 28, 1900, a time, then, as now, of insurrection against the authority of the United States, did felo- niously kill and murder Calistro Fernandez, a native and resident of Pozorrubbio, P. L, by choking him, the sa,id Calistro Fernandez, with their hands and by striking him, the said Calistro Fernandez, with an axe, or other heavy and sharp instrument, held in the hands of the said Hermanagildo Viscara and Roman Nicomedes, inflicting wounds thereby whereof the said Calistro Fernandez, then and there, or shortly afterwards, died. This about the time and at the place specified." Plea.— "Not guilty." Finding. — Of the specification, "Guilty, except the words, 'February 28,' substi- tuting therefor the words, 'February 22,' and except the words, 'the time,' substi- tuting therefor the words, ' February 22, 1900,' and of the excepted words in each case, not guilty, and of the substituted words in each case, suiltv." Of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Hermanagildo A^iscara and Roman Nicomedes, natives, and each of them, "to be confined at hard labor at such place as the reviewing authority may direct, for the remainder of their natural lives." In the foregoing case it appears that these accused, Hermanagildo Viscara and Ramon Nicomedes, natives, were members and officials of a band of assassins whose purpose was to inspire the community in which it operated with obedience to its will through terror by secretly assassinating those coming within its displeasure. In pursuance of this purpose, it is shown that these two accused sequestrated and con- veyed to an unoccupied house at Pozorrubio, Pangasinan, one Calistro Fernandez, and there killed him by choking and crushing in his skull with some cuttins weapon. They then compelled natives to convey the body to an isolated spot, where the legs of the victim were cut off, the body doubled up and forced into a shallow hole, head foremost, and then covered with earth. The motive of the crime is found in the fact that deceased was too friendly to the Americans and had acted as a guide for them CHARGES OF CRUELTY, ETC., TO FILIPINOS. 185 on several occasions. No reasonable doubt of the guilt of these accused arises from the evidence and no mitigating circumstances appear of record. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which place these prisoners, Hermana- gildo Yiscara and Roman Xicomedes, will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., June 19, 1901. General Orders, Xo. 130. Before a military commission which convened at San Fernando, province of Pam- panga, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 230, Headquarters Department of Northern Luzon, December 19, 1900, and of w^hich Lieut. Col. Green- leaf A. Goodale, Third V. S. Infantry, was president, and Capt. William R. Sample, Adjutant, Third V. S. Infantry, was judge-advocate, was arraigned and tried Pedro Abad Santos, native. Charc4E I. — "Violation of the laws of war." Specification 1. — "In that Pedro Abad Santos, alias 'Perico,' being at the time a captain in the insurgent forces on the staff of the so-called Gen. Maximino Hizon, did, with others, threaten with death Florentino Pamintuan, a wealthy citizen of San Fernando, province of Pampanga, who had been kidnaped by order of said Hizon, and who was unlawfully held as a prisoner by a band of insurgents under said Hizon' s command with the object of feloniously extorting money from said Pamin- tuan. ' ' This in the month of May, 1900, in the province of Pampanga, island of Luzon, a district, then as now, in insurrection against the L'nited States." Specification 2. — "In that Pedro Abad Santos, alias 'Perico,' being at the time a captain on the staff of the so-called Gen. Maximino Hizon, of the insurgent forces, having with others illegally condemned a native, supposed to be Leoncio Torres, captured by said Santos, to death, and being appealed to by said prisoner for mercy, did brutally strike with his fist and knock down said prisoner. "This in the month of April, 1900, in the house of Mariano David, barrio of San Rafael, Mexico, province of Pampanga, in a district, then as now, in insurrection against the United States." Charge IL— "Murder." Specification. — "In that Pedro Abad Santos, alias 'Perico,' being at the time a cap- tain of the insurgent forces, on the staff of the so-called Gen. Maximino Hizon, did willfully, feloniously, and with malice aforethought kill and murder a native man, supposed to be Leoncio Torres, by causing him to be buried alive by men acting in accordance with his orders. This in the month of April, 1900, in the barrio of San Rafael, Mexico, province of Pampanga, island of Luzon, a district, then as now, in insurrection against the United States." Plea.—" Not guilty." Finding. — Of the first specification, first charge, "guilty;" of the second specifica- tion, first charge, "guilty," with the exception of the words 'captured by said Santos,' and of the excepted words, ' not guilty;' of the first charge, "guilty;" of the specifi- cation, second charge, "guilty;" of the second charge, "guilty." Sentence. — And the commission does, therefore, sentence him, Pedro Abad Santos, native, "to be hanged i)y the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the commission concurring therein." In the foregoing case it appears that the accused, Pedro Abad Santos, native, was the adjutant, secretary, and adviser of General Hizon, the insurgent political mili- tary governor of Pampanga Province, having "command of everything" therein and that the mihtary authority of accused arose from this connection. It appears that this accused was present at the barrio of San Rafael during the month of May, 1900, together with two insurgent officers of the line, Lieut. Eusebio Rojas and Capt. Isa- bello del Rosario, the last being in command of the detachment of insurgent troops there stationed; that a native, Leoncio Torres, was brouglit a prisoner before these three officers, charged with V)eing an American spy, and by them condennied to death by burying alive. The victim, with arms bound ])ehind him, begged of this accused for mercy and was answered by a blow, which knocked him down, and an order to the soldiers to take him out and bury him, which was done. On the other charge it appears that this accused threatened with death one 186 CHARGES OF CRUELTY, ETC.. TO FILIPINOS. Florentino Pamintuan, presidente of Angeles, who had been kidnaped l)y order of General Hizon and held to ransom in the sum of 9,000 pesos, in the event of this ransom not being paid, and not mitil the full sum was paid did the prisoner gain his liberty. While making no denial that both these crimes were committed, the accused seeks to avoid criminal responsibility on the statement that Del Eosario was the officer in command and the responsible criminal in the commission of the former and General Hizon in the latter. Ignoring all of the strong evidence showing the actual participation in the perpe- tration of these crimes by accused, it still can not be douVjted that had he so willed, his protest against the murder of Torres would have been effective. His close rela- tions with the commanding general and power to bring the perpetrators of the crime to answer to their chief for such violation of the laws of war and humanity strongly support this view. It is not contended that he did not give criminal acquiescence to this most cruel deed, and by this alone he assumed full criminal responsibility. Upon the most favorable view to the accused he was an accomplice by acts of omis- sion, if not commission, and in view of the possibility of his negative rather than positive criminality, some leniency will be shown him. The sentence, approved by the Department commander, is confirmed, but is com- muted to confinement at hard labor for the period of twenty-five (2-5) years. As thus commuted the sentence will be duly executed at the presidio de Manila, to which place the prisoner, Pedro Al)ad Santos, will be sent under proper guard. By command of ^Major General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Vols., Chief of Staff , Headquarters Division of the Philippixes, Manila, P. L, June 20, 1901. General Orders, No. 131. Before a military commission which convened at the pueblo of Bautista, province of Pangasinan, Luzon, P. I., pursuant to paragraph 10, Special Orders, Xo. 34, Head- quarters Department of Xorthern Luzon, Februarys, 1901, and of which Capt. Harry C. Benson, Fourth U. S. Cavalry, was president, and Second Lieut. Sylvester Bon- naff on. Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried: I. Gregorio Decasin and Idelfonso de Guzman, natives. Charge. — "Murder." Specification. — "In that Gregorio Decasin and Idelfonso de Guzman, natives, in com- pany of and consorting with a band of ladrones armed with rifles, revolvers, and bolos, did willfully, feloniously, and with malice aforethought, murder and kill, Antonio Mejia, presidente of Malasiqui, Cicilio Bulatao, justice of the peace, Macario Mejia, Felix Centeno, Gavino Macasieb, Francisco Macaraeg, and Jacinto Centeno, natives, and delegates of the pueblo of Malasiqui, by shooting them, the above-named natives and delegates, with rifles held in the hands of members of said band of ladrones, inflicting wounds therewith, whereof they, the above-named natives and delegates, did then and there die. This in time, then as now, of insurrection, at or near Malasiqui, Pangasinan, Luzon, P. I., a place then, as now, under the military government of the United States, on or about the 23d day of November, 1899." Pleas. — " Not guilty. ' ' Findings. — Gregorio Decasin, "guilty." Idelfonso de Guzman, "not guilty." Sentences. — And the commission does therefore "acquit" him, Idelfonso de Guz- man, native, and does sentence him, Gregoria Decasin, native, "to be hung by the neck until dead, at such time and place as the reviewing authority shall direct, two- thirds of the commission concurring therein." In the foregoing case, it appears that the accused Gregorio Decasin was an active member of an armed band of outlaws that entered the pueblo of Malasiqui, Pangasi- nan, November 23, 1899, seized and bound the presidente of the town, the justice of the peace and five cabezas or head men, conveyed them to a point at the outskirts of the town and there murdered them by shooting, stabl^ing and cutting with guns, bayonets, and l^olos. The motive was robbery and retaliation for friendliness on the part of the murdered men for the American Government. The evidence against accused Idelfonso de Guzman, however, is meager, uncon- vincing, and gives ample justification for his acquittal. The atrocity of this crime is of such a nature as to leave no room for leniency; the crime involving the cruel and wanton nmrder of seven representative inhabitants of CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 187 the pueblo, and for no other cause than their acceptance of the legitimate American Government. The sentence against Gregorio Decasin, approved by the department commander, is confirmed and will be duly executed at the pueblo of Malasiqui, province of Pan- gasinan, Luzon, P. I., on the nineteenth (19th) day of July, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. XL Idelfonso de Guzman and Victor Mamaiel, natives. Chaege.—" Murder." Specification 1. — "In that Idelfonso de Guzman and Victor Mamaiel, natives, in company of and consorting with a band of ladrones armed with rifles and bolos, did willfully, feloniously and with malice aforethought, murder and kill Juan Centeno, Alejandro Flores, and Pablo Caldona, natives, by shooting them and by cutting them, the above-named natives, with said rifles and bolos held in the hands of members of said band of ladrones, inflicting wounds therewith whereof they, the above-named natives, then and there died." "This on or about December 10, 1899, in time, then as now, of insurrection, at or near Malasiqui, Pangasinan, Luzon, P. L, a place then as now under the military government of the United States." Specification 2 . — "In that Idelfonso de Guzman and Victor Mamaiel, natives, in company of and consorting with a band of ladrones, armed with rifles and bolos, did wilfully, feloniously, and with malice aforethought murder and kill Domingo Jua- quin, native, by shooting him and cutting him, the said Juaquin, with rifles and bolos, held in the hands of members of the said band of ladrones, inflicting wounds therewith, whereof he, the said Juaquin, then and there died. This on or about December 15, 1899, in time, then as now, of insurrection, at or near Malasiqui, Pan- gasinan, Luzon, P. I., a place then as now under the militarv government of the United States." Pleas.— "Not guilty." Findings. — Idelfonso de Guzman, "guilty." Victor Mamaiel, of the first specifi- cation, "guilty;" of the second specification, "not guilty;" of the charge, "guilty." Sentences. — And the commission does therefore sentence them, Idelfonso de Guz- man and Victor Mamaiel, natives, and each of them, "To be hung by the neck until dead, at such time and place as the reviewing authority shall direct, two-thirds of the commission concurring therein." In the foregoing case, it appears that these accused, Idelfonso de Guzman and Vic- tor Mamaiel, natives, were members of a band of aimed outlaws which first kid- naped and then murdered Juan Centeno, Alejandro Flores, and Pablo Caldona, at or near Malasiqui, Pangasinan, P. I., December 10, 1899, and five days later similarly kidnaped and murdered Domingo Juaquin. These murders were wanton and seemingly without other motive than robbery or depravity. It appears, however, that the accused, Victor Mamaiel, took a less active part than the other accused in the commission of the crimes, and for this reason the department commander, in approving the sentence, has recommended clemency in his case. The sentence is confirmed, and, as against accused, Idelfonso de Guzman will be duly executed at the pueblo of Malasiqui, province of Pangasinan, Luzon, P. I., on the nineteenth (19th) day of July, A. D. 1901, under the direction of the command- ing general, Department of Northern Luzon. In the case of Victor Mamaiel, the sentence is commuted to confinement at hard labor for the period of fifteen (15) years, and as thus commuted will be duly executed at the presidio de Manila, to which place he, the said Victor Mamaiel, will l^e sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff". Headquarters Division of the Philippines, 3faniln, P. L, Jinic 2G, 1901. General Orders, No. 132. Before a military commission which convened at the pueblo of Paniqui, province of Tarlac, Luzon, P. L, pursuant to paragraph 8, Special Orders, No. 193, Headquar- ters Department of Northern Luzon, November 9, 1900, and of which Capt. Robert K. Evans, Twelfth U. S. Infantry, was president, and First Lieut. George H. Shields, jr.. Twelfth U. S. Infantry, was judge-advocate, were arraigned and tried Patricio Sanches and Fausto Sanches, natives^ 188 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Charge I. — "Robbing in bands." Specification. — "In that they, Patricio Sanches and Fausto Sanches, natives, and each of them, on or about January 3, 1901, at or near the barrio of San Agustin, pueblo of San Juan de (Tuimba, province of Nueva Ecija, Luzon, in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, did, in company of and consorting with a band of armed outlaws, to the number of five, more or less, feloniously and forcibly take from the presence of the owner or custodian thereof two caraboas (value unknown), the property of Victor Torio, native, and Lucio Bernabe, native, and of which the said Lucio Bernabe was custodian. This on or about the date and at or near the place specified." CharctE II. — "Murder." Specification. — "In that they, Patricio Sanches and Fausto Sanches, natives, and each of them, on or about January 3, 1901, at or near the barrio of San Agustin, pueblo of San Juan de Guimba, province of Nueva Ecija, Luzon, in territory then, as now, occupied by United States troops, and at a time then, as now, of insurrection against the lawful authority of the United States, did, in company of and consorting with a band of armed outlaws, to the number of five, more or less, willfully, feloni- ously, and with malice aforethought, kill and murder one Lucio Bernabe, a native, by shooting him, the said Lucio Bernabe, with rifles held in the hands of said band, oi' which they, the said Patricio Sanches and Fausto Sanches, and each of them, were members, inflicting wounds therewith whereof he, the said Lucio Bernabe, then and there died. This on or about the date and at or near the place specified." Plea.— "Xot guilty." Finding. — Of the specification, first charge, "guilty, except the words 'Victor Torio,' substituting therefor the words 'Pedro Victorio,' of the excepted words not guilty, of the substituted words guilty." Of the first charge, "guilty." Of the speci- fication, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Patricio Sanches, native, "to be hanged by the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members of the commission concurring. ' ' And the commission does therefore sentence him, Fausto Sanches, native, "to be confined at hard labor, under guard, at such place as the reviewing authority may direct, for the period of his natural life." In the foregoing case it appears that the accused, Patricio Sanches and Fausto Sanches, were members of a band of armed outlaws which made an attack upon the village of San Juan de Guimba, Xueva Ecija, took two caraboas from the custody of and killed one Lucio Bernabe. The accused, Patricio Sanches, it is shown, person- ally killed deceased by shooting him twice with a rifle; and the accused, Fausto Sanches, to have been a willing member of the band combined together for the com- mission of this crime. The sentence, approved by the department commander, is confirmed, but, in accord- ance with his recommendation, the sentence against Patricio is commuted to imprison- ment at hard labor for the period of his natural life. As thus commuted, and as also the sentence against Fausto Sanches, will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General MacArthur: Thomas H. Barry, Brigadier- General, U.S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, June eo, 1901. General Orders, Xo. 133. Before a military commission which convened at the pueblo of Sorsogon, province of Sorsogon, Luzon, P. I., pursuant to j^aragraph 1, Special Orders, Xo. 203, Head- quarters Department of Southern Luzon, Xovember 4, 1900, and of which Maj. Keller Anderson, Forty-seventh Infantry, U. S. Volunteers, was president, and Capt. John C4. Livingston, adjutant. Forty-seventh Infantry, U. S. Volunteers, was judge-advo- cate, was arraigned and tried Santiago Escobeda, native. Charge. — ' ' Murder. ' ' Specification. — "In that on the 3d day of January, A. D. 1901, at or about the hour of 10 o'clock a. m., then, as now, a time of insurrection, at the town of Gubat, prov- ince of Sorsogon, Luzon, P. I., a place then, as now, occupied by the military forces and under the military government of the United States, one Santiago Escobeda, CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 189 native, did, on the day and at the place aforesaid, by and with the help of four others, willfully, feloniously, and with malice aforethought, then and there bind, assault, murder, and kill one Feliz Buenaventura, a native, by then and there cutting with a sharj) instrument the throat of the said Feliz Buenaventura, then and there, and in the manner aforesaid, inflicting on the said Feliz Buenaventura a wound, from which wound the said Feliz Buenaventura died almost immediately. This at Gubat, province of Sorsogon, Luzon, P. L, on the 3d day of Januarv, 1901." Plea. — ' ' Not guilty. " - Finding.— "Guilt^^" Sentence. — And the commission does therefore sentence him, Santiago Escobeda, native, "to be confined at hard labor at such place as the reviewing authority may direct for fifteen (15) years." In the foregoing case of Santiago Escobeda, native, it appears that the accused, by his own admission before the commission, took an active part ])y seizing and holding the deceased by the throat while his companions stabl^ed him to death iDy Ijlows with a dagger. Xo motive appears of record for taking the life of this law-abiding man. The sentence, approved by the department commander, is confirmed, and will be duly executed at the Presidio de 3Ianila, to which place the i^risoner, Santiago Esco- beda, native, will be sent, under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., June 22, 1901. General Orders, Xo. 135. Before a military commission which convened at the pueblo of Batangas, Province of Batangas, Luzon, P. L, pursuant to paragraph 11, Special Orders, No. 228, Head- quarters Department of Southern Luzon, November 30, 1900, and of which Maj. Frederick K. AVard, First L^. S. Cavalry, was president, and First Lieut. Edgar T. Cowley, Twenty-first U. S. Infantry, was judge-advocate, was arraigned and tried: Fortunato Cusi, a native. Charge. — ' ' Murder. ' ' Specification. — "In that Fortunato Cusi, a native, did feloniously assault with a knife or dagger and did wilfully, maliciously, premeditatedly, and with malice afore- thought kill a native named Felipe Garcia, by inflicting upon him several wounds or cuts of which he, the said Felipe Garcia, died during the same day. This at or near the barrio of Laguas, Pueblo of Banan, Province of Batangas, Luzon, P. I., on the 1st dav of Februarv, 1901." Plea.— "Not guilty." Finding. — Of the specification, "guilty except the words 'premeditatedly and with malice aforethought,' and of the excepted words, not guilty." Of the charge, "not guilty, but guilty of manslaughter." Sentence. — And the commission does therefore sentence him, Fortunato Cusi, native, "To be confined at hard labor for twenty (20) years, at such place as may be designated by the proper authority." In the foregoing case it appears that the accused, Fortunato Cusi, attacked and killed with a dagger one Felipe Garcia, actu- ated by jealousy arising from alleged attentions paid by deceased to a girl to whom accused was engaged. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner, Fortunato Cusi, Avill be sent under proper guard. By command of ]Major-General MacArthur. Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff . Headquarters Division of the Philippines, Manila, P. I., June 22, 1901. General Orders, No. 136. Before a military commission which convened at the Pueblo of Bautista, Province of Pangasinan, Luzon, P. I., pursuant to paragraph 10, Special Orders, No. 34, Head- quarters Department of Northern Luzon, February 5, 1901, and of which Capt. Harry 190 CHAEGES OF CKUELTY, ETC., TO FILIPINOS. C. Benson, Fourth U. S. Cavalry, wa8 president, and Second Lieut. Sylvester Bonuaf- fon, Thirteenth V. S. Infantry, was judge-advocate, were arraigned and tried Felix Fernandez and ^'aleriano Fernandez, natives. Charge. — " Murder. ' ' Specification. — "In that Felix Fernandez and Yaleriano Fernandez, natives, did, in time, then, as now, of insurrection, willfully, feloniously, and with malice afore- thought murder and kill Lorenzo Mendoza with a bolo, inflicting wounds whereof the said Mendoza then and there died. This at Dinacuan, a barrio of Malasiqui, Province of Pangasinan, a place then, as now, within the theater of military opera- tions of the United States forces, on or about the ninth dav of November, 1900. Plea.— "Xot guiky." Finding. — Of the specification, "guilty, except the words 'murder and kill,' sub- stituting therefor the words ' by entering with the actual murderer, by their presence without protest, assist in the killing and murdering of;' of the excepted words, not guilty; of the substituted words, guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Felix Fernandez and Valeriano Fernandez, natives, and each of them, "To be confined at hard labor under charge of a guard, at such place as the reviewing authority may direct, for a period of twenty years." In the foregoing case of Felix Fernandez and Valeriano Fernandez, natives, the character of evidence submitted by the prosecution is not convincing on the question of the guilt of accused beyond a reasonable doubt. There is want of motive and the accusing witnesses disclose such lack of frankness in their evidence as to raise a strong presumption of intent to conceal, distort, or falsify facts material to the deter- mination of the cause. The sentence, therefore, is disapproved and these accused will be set at liberty. By command of Major-General MacArthur: Thomas H. BAREy, Brigaclier-Genercd, U.S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. L, June 22, 1901. General Orders, No. 137. Before a military commission, which convened at Iloilo, Panay, P. I., pursuant to paragraph 3, Special Orders, No. 2, Headquarters Department of the Visayas, Jan- uary 3, 1901, and of which Lieut. Col. Charles J. Craile, Thirty-eighth Infantry, L'. S. Volunteers, was president, and Capt. William G. Fleischhauer, Thirty-eighth Infantry, V . S. Volunteers, was judge-advocate, was arraigned and tried Florentino Lucin, a native. Charge I. — "Being a war traitor." Specification 1. — "In that on or about the 1st day of August, 1900, and at divers times since that date, then, as now, a time of insurrection, one Florentino Lucin, native, being then and there and on all of said days and dates an inhabitant of, and residing in, the pueblo of Cabatuan, island of Panay, P. I., then, as now, a place occupied- by the military forces and under the military government of the United States, did, without the consent of the military government of the L^nited States, or any military commander thereof, hold intercourse with the enemy in this that he, the said Florentino Lucin, native, did then and there receive from and send letters to, and hold secret conferences with, the leaders of the insurgents. This at the times and place mentioned." Specification 2. — "In that on or about the 1st day of August, 1900, and at divers times and days since said date, then, as now, a time of insurrection, one Florentino Lucin, native, he, the said Florentino Lucin, being then and there an inhabitant of, and residing in, the pueblo of Cabatuan, island of Panay, P. I., then, since, and now a place occupied by the military forces and under the military government of the L^nited States, did, without authority of the L^nited States military government or any military commander thereof, hold intercourse with the enemy, in this that he, the said Florentino Lucin, native, did then and there and at the times above men- tioned deliver and cause to be delivered to the leaders of the insurgents certain money, food, and clothing for the use of the insurgent forces then and there engaged in insurrection against the duly constituted authority of the L'nited States. This at the times and j^lace mentioned." Specification S. — "In that on or about the 1st day of August, 1900, then, since, and now a time of insurrection, one Florentino Lucin, native, was and since has been a CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 191 member, presidente, and treasurer of the Katipunan of the pueblo of Cabatuan, island of Panay, P. I., a society organized and instituted for the purpose of aiding, assisting, and supporting the insurgent forces in their rebellion against the lawfully constituted authority of the United States, by then and there contributing and col- lecting money, food, and clothing for said insurgent forces, the said Florentino Lucin, native, being then and there and at all times above mentioned an inhabitant of, and residing in, the pueblo of Cabatuan, island of Panay, P. I., since and now a place occupied by the military forces and under the military government of the United States. This at the times and place above mentioned." Chaege II. — "Rendering aid and comfort to the enemy." Specificatiou. — "In that on or about the 1st day of August, 1900, and at divers times and days since said date, then, as now, a time of insurrection, one Florentino Lucin, native, being then and there an inhabitant of, and residing in, the puelDlo of Cabatuan^ island of Panay, P. I., a place then and ever since occupied ])y the military forces and under the military government of the United States, did, then and there, in violation of his duties as such resident, give and render aid and comfort to the enemy in this that he, the said Florentino Lucin, native, did then and there solicit and collect large sums of money and large quantities of rice and clothing from the resi- dents of the aforesaid pueblo of Cabatuan, island of Panay, P. I., and its adjacent barrios, and did afterwards, to wit, on or about the dates mentioned above, dehver and cause to be delivered to the insurgent forces the aforesaid money, rice, and clothing so collected as aforesaid. This at the times and places mentioned." Plea. — To the first specification, first charge, "not guilty." To the second speci- fication, first charge, "not guilty." To the third specification, first charge, "not guilty." To the first charge, "not guilty." To the specification, second, charge, "not guilty." To the second charge, "not guilty." Additional charge I. — "Violating the oath of allegiance." Specification 1. — "In that Florentino Lucin, a native, having on or about the 3d day of December, 1900, then, ever since, and now, a time of insurrection, voluntarily taken and subscribed to the oath of allegiance to the United States in the words and figures substantially as follows, to wit: ^Jurcimento cle fidelidad. ' Ciudad de Cabatuan, Isla de Panay. ' Yo, Florentino Lucin, por la presente, renuncio a toda sumision a cualquiera de y a todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; ciue en todo tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas islas y no mantendre relaciones directa ni indirectamente con, ni facilitare noticias li, ningiin enemigo de los Estados Unidos, ni prestare apoyo, ayuda 6 proteccion a semejante enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntacl, sin reservas mentales de ningun genero ni proposito de evadirla y asi Dios me ayude. 'Florentino Lucin. 'Firmado y jurado ante mi, hoy, dia 3 de Diciembre, 1900.' "Did afterwards, to wit, on or about the 14th day of December, 1900, violate said oath of allegiance so taken as aforesaid by then and there holding secret conferences with leaders of the insurgents, he, the said Florentino Lucin, being then and there an inhabitant of, and residing in, the pueblo of Cabatuan, island of Panay, P. I., a place then, ever since, and now, occupied by the military forces and under the mili- tary government of the L^nited States. "This at the times and places above mentioned." Specificcition 2 . — "In that Florentino Lucin, a native, having on or about the 3d day of December, 1900, then, ever since, and now, a time of insurrection, voluntarily taken and subscribed to the oath of allegiance to the United States in words and figures substantially as follows, to wit: 'Juramento de fidelidad. ' Ciudad de Cabatuan, Isla de Panay. 'Yo, Florentino Lucin, por la presente, renuncio d toda sumision a cualquiera de y u todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados L'^nidos de America en ellas establecida; y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; queen todo tiempo mi conducta serii la de un ciudadano fiel y pacifico de dichas islas y no 192 CHARGES OF CRUELTY. ETC.. TO FILIPI^^'OS. mantendre relaciones directa ni iedirectamente con, ni facilitare noticias a, ningiin enemigo do los Estados Unidos. ni prestare apoyo, a^-uda 6 proteccion a semejante enemigo. Que me impongo esta obligacion de mi libre y espontanea voliintad, sin reservas mentales de ningiin genero ni proposito de evadirla y asi Dios me ayude. 'Florextino Lucrx. ^ 'Firmado y jiirado ante mi, hoy, dia 3 de Diciembre, 1900.' "Did afterwards, to wit, on or about the 14th day of December. 1900, violate said oath of allegiance so taken as aforesaid by then and there harboring and entertain- ing leaders of insurgents at his house, he, the said Florentino Lucin, being then and there an inhabitant of, and residing in, the pueblo of Cabatuan. islandof Panay, P. I., a place then, ever since, and now. occupied by the military forces and under the military government of the ITnited States. ''This in the times and place above mentioned.'' Specification S. — '"In that Florentino Lucin, a native, having on or about the 3d day of December. 1900, then, ever since, and now. a time of insurrection, voluntarily taken and subscribed to the oath of allegiance to the United States in the words and figm'es substantially as followSr to wit: ''Juro.mento de fidelidod. "ClUDAD DE CaBATUAX. IsLA DE PaXAY. " Yo. Florentino Lucin, porla presente. renmicio a toda sumision a cualquiera de y a todos los titulados gobiernos revoluciouarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados L'nidos de America en ellas establecida; y jui'o solemnemente guardar verdadera fe y lealtad hacia aquel Gobiemo; que en todo tiempo mi conducta serd la de un ciudadano fiel y pacifico de dichas islas, y no mantendre relaciones directa ni indirectamente con, ni facilitare noticias a, ningiin enemigo de los Estados L'nidos, ni prestare apoyo, ayuda 6 proteccion a semejante enemigo. Que me impongo esta obligacion de mi libre y espontcinea voluntacl, sin reservas mentales de ningiin genero ni proposito de evadirla, y asi Dios me ayude. "Floeextixo Luciy. "Firmado y jurado ante mi. hoy. dia 3 de Diciembre, 1900." "Did afterwards, to wit: On or about the 14th day of December, 1900, ^-iolate said oath of allegiance so taken as aforesaid, by then and there aiding, abetting, and assist- ing the insurgents in burning the pueblo of Cabatuan. P. I., he, the said Florentino Lucin, being then and there an inhabitant of, and residing in. the pueblo of Cabatuan. Panay, P. L. a place then, ever since, and now occupied by the military forces, and under the military government of the United States. '•This at the times and place above mentioned." Additional Charge II. — "Ajrson." Specification. — "In that on or about the 14th day of December, 1900. then, as now. a time of insurrection, at or near the pueblo of Cabatuan. island of Panay, P. I., a place then, as now, a part of the territory and under the military government of the L'nited States, one Florentino Lucin. a native, then and there did wilfully, feloniously, and maliciously order, direct, and cause to be burned in the night time 100 dwellmg houses, more or less, in the said pueblo of Cabatuan. island of Panay. P. I." Plea. — To the first specification, first additional charge, "not guilty;" to the sec- ond specification, first additional charge, "not guilty:" to the third specification, first additional charge, '"not guilty :"' to the first additional charge, "not guilty:" to the specification, second additional charge. " ' not guilty;" to the second additional charge, "not guilty." Finding. — Of the fii'^st specification, first charge, "guilty, except the words "and hold secret conferences with, ' and of the excepted words, ' not guilty. ' " Of the second specification, first charge, "guilty:" of the third specification, fii-st charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty:" of the first specification, first additional charge, "not guilty;" of the second specification, first additional charge, "guilty:" of the third specification, first additional charge, "guilty:" of the first additional charge, "guilty:" of the specification, second additional charge, "guiltv:'" of the second additional charge, "guilty." Sentence. — And the commission does therefore sentence him, Florentino Lucin, native, "to be hanged by the neck until he is dead, at such time and place as the re\'iewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Florentino Lucin it appeal's that the court erred in pro- ceeding to try the accused upon additional charges after the prosecution had rested and the defense had been heard upon charges originally referred to the commission. This portion of the proceedings and all relating exclusively thereto must be disap- proved as iiTegular and unauthorized under the established procedure of commissions. Independent of these additional charges and the evidence relating thereto, the CHARGES OF CRUELTY, ETC., TO FILIPINOS. 193 proceedings in this case show beyond all doubt that the accused was a war traitor of the most pronounced and active kind. The sentence is therefore conhrmed, but in view of the irregularity ab.:>ve men- tioned which makes it necessary to disregard some of the grave charges against the accused, the sentence is commuted to fifteen (15) years imprisonment at hard labor, and, as thus commuted, will be duly executed at the presidio de Manila, to which place the prisoner, Florentine Lucin, will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Vohiuteer^, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., June 22, 1901. General Orders, No. 138. Before a military commission which convened at the pueblo of Bautista, province of Pangasinan, Luzon, P. 1., pursuant to paragraph 10, Special Orders, Xo. 34, Head- quarters Department of Xorthern Luzon, February 5, 1901, and of which Captain Harry C. Benson, Fourth L^. S. Cavalry, Avas president, and Second Lieut. Sylvester Bonnaffon, Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried Pedro Ordonia, alias Tarug, Antonio Sabangan and Alejandro Castro, natives. Charge I. — "Kidnaping, contrary to the laws and usages of war." Specifica- tion. — "In that they, Pedro Ordonia, alias Tarug, Antonio Sabangan, and Alejandro Castro, and each of them, did, in company of, and consorting with, a band of armed outlaws to the number of six, more or less, tie, bind and forci1:)ly lead away from their places of abode Valeriano Camilene, Estevan Dias, Vicente Soriano and Vicente Cayetano, natives. This at or near B^. Balaya, San Carlos, Pangasinan, Luzon, P. I., a i^lace, then, as now, within the theater of active military operations by United States troops, on or about January 21, 1901, a time then, as now, of insurrec- tion against the United States." Charge II. — "Arson." Specification. — "In that they, Pedro Ordonia, alias Tarug, Antonio Sabangan and Alejandro Castro, and each of them, in company of, and con- sorting with, a band of armed outlaws to the number of six, more or less, did willfully and maliciously set fire to and burn the dwelling house of one Pablo Dias, a native. This at or near the B°. Balaya, San Carlos, Pangasinan, Luzon, P. I., a place then, as now, within the theater of active military operations by United States troops, on or about January 21, 1901, a time then, as now, of insurrection against the United States. Charge III. — "Murder." Specification. — "In that they, Pedro Ordonia, alias Tarug, Antonio Sabangan, Alejandro Castro, and each of them, in company of, and consorting with, a band of armed outlaws to the number of six, more or less, did tie and bind Valeriano Camilene and Estevan Dias, natives, thereby rendering said natives entirely helpless, then did willfully, feloniously and with malice aforethought kill and murder said Valeriano Camilene and Estevan Dias, by stabbing them, the said natives, with a knife or knives held in the hands of a mem])er or members of said band, inflicting wounds with said knife or knives whereof the said Valeriano Camilene and Estevan Dias then and there died. This at or near the B°. Balaya, San Car- los, Pangasinan, Luzon, P. I., a place then, as now, within the theater of active military operations by United States troops, on or about Jan. 21, 1901, a time then, as now, of insurrection against the L'nited States." Pleas.—' ' Xot guiltv. ' ' Fixdings.— ' ' Guilty. ' ' Sentence. — And the commission does therefore sentence them, Pedro Ordonia, alias Tarug, Antonio Sabangan and Alejandro Castro, natives, and each of them, "to be hanged by the neck until dead, at such time and at such place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Antonio Sabangan, Pedro Ordonia, alias Tarug, and Ale- jandro Castro, natives, it appears that these accused and one other, armed with a pistol and bolos, seized and stabbed to death two men and set fire to the house from which they were taken. No motive appears for the crime. The sentences, approved by the department connnan^ler, is confirmed, but is com- nuited to imprisonment at hard labor for the period of their natural lives. As thus connnuted, the sentence will be duly executed at the Presidio de Manila, to which these prisoners will be sent under jn-oper guard. By connnand of Major-CTcneral MacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteer:^, Chief of Staff". S. Doc. 205, pt 2 13 194 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Headquarters Divisiox of the Philippines. Mamla, P. /., June 25, 1901. General Orders, No. 140. Before a military commission, which convened at the Pueblo of Xueva Caceres, Province of Camarines Sur, Luzon, P. I., pursuant to paragraph 8, Special Orders, No. 8, Headquarters Department of Southern Luzon, January 8, 1901, and of which Lieut. Col. Almond B. Wells, Ninth L^ S. Cavalry, was president, and First Lieut. James A. Ryan, Ninth L^. S. Cavaby, was judge-advocate, was arraigned and tried Francisco de Asis, native. Charge I. — "Violation of the laws of war." Spec\li'jation 1. — "In that Francicso de Asis, presidente of the Pueblo of Gainza, Camarines Sur, Luzon, P. I., having voluntarily taken and subscribed to the oath of ottlce and allegiance to the United States, did violate said oath by holding communi- cation with the insurgents, whom he permitted to enter his pueblo, and whom he entertained at his residence. This on or about June 7, 1900, then, as now, a time of insurrection at the Pueblo of Gainza, Camarines Sur, Luzon, P. I., a place, then, as now, under the military authority of the LTnited States." Specification 2. — "In that Francisco de Asis, presidente of the Pueblo of Gainza, Camarines Sur, Luzon, P. I., while occupying a position of trust and living under the protection of the LTnited States, did hospitably receive and entertain at his resi- dence one Thomas Brooks, accompanied by four insurgents, said Brooks having deserted the service of the LTnited States and stolen two rifles therefrom, he, the said Francisco de Asis, well knowing the same, and did aid and assist said Thomas Brooks and said insurgents in reaching the insurgent camp. This on or about Octol)er 12, 1900, then, as now, a time of insurrection, at the Pueblo of Gainza, Camarines Sur, Luzon, P. I., a place, then, as now, under the militarv authoritv of the United States." Specification 3. — "In that Francisco de Asis, presidente of the Pueblo of Gainza, Camarines Sur, Luzon, P. I., while occupying a position of trust and living under the protection of the United States, did write and send a letter to an officer of the insurgent forces in camp near Libmanan, Camarines Sur, Luzon, P. L, in which he denounced as an American spy one Valentine Prudencia, then a prisoner in said camp, on account of which denunciation the said Valentine Prudencia was severely punished by said insurgents. This on or about November 2, 1900, then, as now, a time of insurrection, at or near the places above specified, said places being then, as now, under the military authority of the LTnited States." Specification 4- — "In that Francisco de Asis, presidente of the Pueblo of Gainza, Camarines Sur, Luzon, P. I., while occupying a position of trust, and living under the protection of the United States, did, as presidente, use and direct the local police, under his charge, as guides for and to commmiicate with the insurgent forces. This on or about June 7, 1900, then, as now, a time of insurrection, at the Pueblo of Gainza, Camarines Sur, Luzon, P. I., a place, then, as now, under the military authority of the United States." Charge IL — "Kidnapping, in violation of the laws of war." Specification 1. — "In that Francisco de Asis, presidente of the Pueblo of Gainza, Camarines Sur, Luzon, P. I., occupying a position of trust, and living under the pro- tection of the United States, did receive and entertain at his residence a body of armed insurgents to the number of sixteen, more or less, from which they went forth and feloniously and forcibly seized, against his will and consent, the person of one Valentine Prudencia, a peaceable citizen of said pueblo, and did carry -him off to the insurgent camp, in the presence and with the consent of the said Francisco de Asis. This on or about June 7, 1900, then, as now, a time of insurrection, at or near the Pueblo of Gainza, Camarines Sur, Luzon, P. I., a place, then, as now, under the military authority of the United States." Specification 2. — " In that Francisco de Asis, presidente of the pueblo of Gainza, Camarines Sur, Luzon, P. I., occupying a position of trust and living under the pro- tection of the United States, did allow a body of armed insurgents, to the number of fifty, more or less, to enter his pueblo, and did, in obedience to a Avritten request from a notorious insurgent leader, Juan Delmacio, permit these insurgent soldiers to seize and carry away the person of one Valentine Prudencia, against his will and consent, in the presence and with the consent of said Francisco de Asis. This on or about Noveml)er 2, 1900, then as now, a time of insurrection, at or near the Pueblo of Gainza, Camarines Sur, Luzon, P. I., a place, then, as now, under the militarv authoritv of the United States." Plea.— "Not guilty." Finding. — Of tlie first s])ecification, first charge, "guilty, except the words ' having voluntarilv taken and subscribed to the oath of office and allegiance to the United CHARGES OF CRUELTY, ETC., TO FILIPINOS. 195 States, did violate said oath;' and of the excepted words, not guilty; substituting therefor the words ' while occupying a position of trust and living under the protec- tion of the United States, did violate said trust; ' and of the substituted words, guilty." Of the second specitication, first charge, "guilty." Of the third specifica- tion, first charge, "guilty." Of the fourth specification, first charge, "guilty." Of the iirst charge, "guilty." Of the first specification, second charge, "guilty." Of the second specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Francisco de Asis, "to be confined at hard labor at such place as the reviewing authority may direct, for the remainder of his natural life." In the foregoing case it appears that the accused, Francisco de Asis, while occupy- ing the office of presidente of Gainza, Camarines Sur, under the U. S. Government and living under its protection, actively assisted the insurgent forces, received their armed bands as honored guests in his house, communicated with their chiefs by letter, and denounced to them for punishment one Valentine Prudencia, justice of the peace of Gainza, as one friendly to the Americans. In consequence of this denunciation, Prudencia was twice kidnaped by the insurgents, held prisoner for six weeks and submitted to the cruel castigation of twenty-five blows on his bared back with a behuca club, from which he carries life-lasting scars. It also appears that the accused aided one Thomas Brooks, a deserter from the American service, to join the insurgent forces, sending him with an escort of police- men into the insurgent lines and providing him with bancas for his transportation. Accused also took active steps to prevent information of the outrages perpetrated in his jurisdiction from being presented to the American authorities. The sentence, approved by the department commander, is confirmed, but the period of confinement at hard labor is mitigated to ten years. As thus mitigated, the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., June 25, 1901. General Orders, No. 141. Before a military commission which convened at Nueva Caceres, province of Cama- rines Sur, Luzon, P. I., pursuant to paragraph 8, Special Orders, No. 8, Headquar- ters Department of Southern Luzon, January 8, 1901, and of which Lieut. Col. Almond B. Wells, Ninth U. S. Cavalry, was president, and First Lieut. James A. Ryan, Ninth U. S. Cavalry, was judge-advocate, was arraigned and tried Aniceto Abanes Yasquez, native. Charge. — "Violation of the laws of war." Specification. — "In that Aniceto Abanes Vasquez, native, having voluntarily taken and subscribed to the oath of allegiance to the United States, on August 2, 1900, did soon after violate said oath by joining the insurgent forces, in which he was addressed as captain, and did act as an insurgent in that capacity until captured by the United States forces February 8, 1901. This during the time about specified, then, as now, a time of insurrection, in the vicinity of Pili, Camarines Sur, Luzon, P. I., a place, then, as now, under the militarv authoritv of the Li^nited States." Plea^.—" Not guilty." Finding. — ' ' Guilty. ' ' Sentence. — And the commission does therefore sentence him, Aniceto Abanes Vas- quez, native, "To be confined at hard lal)or, at such place as the reviewing authority may direct, for the remainder of his natural life." In the foregoing case it appears that the accused, Aniceto Abanes Vasquez, volun- tarily took the oath of allegiance to the United States Government on August 2, 1900, and five days thereafter joined the insurgent forces, with whom he served as a cap- tain until captured Fel)ruary 8, 1901, by the American troops. At the time of his capture papers were found in his possession showing him to be then engaged in col- lecting contributions for the insurgent cause. No reasonable dou])t as to the guilt of accused arises from the evidence, and his contention that he was compelled to join the insurgents under threats of death does not explain why he did not seek American protection during the many months of his service, when he appears to have had entire freedom of action. The se^itence, approved by the department commander, is confirmed, l)ut is miti- 196 CHARGES OF CRUELTY, ETC., TO FILIPINOS. gated to confinement at hard labor for the period of ten (10) years, and, as thus commuted, will be duly executed at the Presidio de Manila, to which place the pris- oner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., June 25, 1901. General Orders, No. 142. Before a military commission which convened at the pueblo of Lingaj'en, province of Pangasinan, Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 234, Head- quarters Department of Xorthern Luzon, December 23, 1900, and of which Maj. Charles L. Hodges, Seventeenth U. S, Infantry, was president, and Second Lieut. John R. Thomas, jr., Seventeenth L^. S. Infantry, was judge-advocate, were arraigned and tried Tito Gutierres and Juan Melendez, natives. Charge. — "Murder," Specification 1. — "In that Tito Gutierres and Juan Melendez, natives, on or about March 21, 1900, then, as now, a time of insurrection, at or near the barrio of Caloo- can, pueblo of Binmaley, province of Pangasinan, P. I., a place then, as now, in the theater of active military operations, did willfully, feloniously, and with malice aforethought, kill and murder one Luis Ferrer, native, by stabbing him, the said Ferrer, with bolos held in the hands of the said Tito Gutierres and Juan Melendez, inflicting severe wounds therewith, whereof he, the said Ferrer, then and there died. This at the time and place above specified." Specification 2. — "In that Tito Gutierres and Juan Melendez, natives, on or about March 27, 1900, then, as now, a time of insurrection, at or near the barrio of Caloo- can, pueblo of Binmaley, province of Pangasinan, P. I., a place then, as now, in the theater of active military operations, did willfully, feloniously, and with malice aforethought, kill and murder one Valentin Ramos, native, by stabbing him, the said Ramos, with bolos, held in the hands of the said Tito Gutierres and Juan Melendez, inflicting severe wounds therewith, whereof he, the said Ramos, then and there died. This at the time and place above specified." Plea.— "Not guilty." Finding. — Of the first specification, "guilty, excepting the word ' bolos,' substitut- ing therefor the words, 'a dagger,' and excepting the words, 'Tito Gutierres and,' where they follow^ the words, 'hands of said;' of the excepted words, not guilty, of the substituted words, guilty;" of the second specification, "not guilty;" of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Tito Gutierres and Juan Melendez, natives, and each of them, " to be hanged by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case it appears that these accused, Tito Gutierres and Juan Melen- dez, at Caloocan, Binmaley, Pangasinan, about March 21, 1900, sequestrated and killed with daggers one Luis Ferrer. Some doubt springs from the record as to whether the motive of this crime was a desire to rid the community of a notorious ladrone, personal fear on the part of the accused of the animosity of deceased, or the personal enmity existing between accused and deceased. None of these motives excuse the crime, but they are relevant to the consideration of its degree. The sentence, approved by the department commander, is confirmed, but, in accordance with his recommendation, is commuted, as to each of them, to imprison- ment at hard labor for the term of twenty years. The sentence, as thus comnmted, will be duly executed at the Presidio de INlanila, to which place these prisoners will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier- General, U. S. Volunteers, Chief of Stqf. Headquarters Division of the Philippines, Manila, P. I., June 27, 1901. General Orders, No. 143. Before a military commission which convened at the pueblo of Pozorrubio, prov- ince of Pangasinan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 220, CHARGES OF CRUELTY, ETC., TO FILIPIIS'OS. 197 Headquarters Department of Northern Luzon. December 8, 1900, and of which Capt. Samson L. Faison, Thirteenth U. S. Infantry, was president, and First Lieut. Harvey W. ^Miller, Thirteenth L". S. Infantry, was judge-advocate, were arraigned and tried Doroteo Orbino, Juan Seraloy, Domingo Seraioy, and Jose Tambalgui, natives. Charge. — "Murder." Specification: " In that they, Doroteo Orbino, Juan Sera- loy, Domingo Seraloy, and Jose Tambalgui, natives, at Pozorrubio, province of Pangasinan, Luzon, P. I., a place then as now under the military authority of the United States, on or about 3Iarch 10, 1900. a time then as now of insurrection against the authority of the Fnited States, did feloniously kill and murder Vicente de la Cruz and Felisardo Pasag, natives, and residents of Pozorrubio, P. I., by stabbing, cutting, or hacking them, the said Vicente de la Cruz and Felisardo Pasag, with sharp instru- ments commonly called bolos, held in the hands of the said Doroteo Orbino. Juan Seraloy, Domingo Seraloy, and Jose Tambalgui, inflicting wounds thereby whereof the said Vicente de la Cruz and Felisardo Pasag then and there, or shortly afterwards, died. This at the time and place above specified." Plea.—" Xot guilty." Findings. — ' ' Guilty. ' ' Senten'ces. — And the commission does therefore sentence him, Doroteo Orbino, native, "to be hnng by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein. ' ' And the commission does therefore sentence him, Jose Tambalgui, native, "to be confined at hard labor, at such place as the reviewing authority may direct, for the period of twenty years." And the commission does therefore sentence them. Juan Seraloy and Domingo Seraloy, natives, and each of them, "to be confined at hard labor, at such place as the reviewing authority may direct, for the period of ten years." In the foregoing case it appears that these accused, Doroteo Orbino, Juan Seraloy, Domingo Seraloy. and Jose Tambalgui. natives, were members of a band of outlaws operating in the vicinity of Pozorrubio and terrorizing the inhabitants into submis- sion to their rule by the assassination of various members of the community. Accused, Doroteo Orbino, was a captain; Jose Tambalgui, a lieutenant, and Juan Seraloy and Domingo Seraloy. so-called soldiers of this band. These four accused, about March 10. 1900. sequestrated, killed, and beheaded with bolos, two natives, Vicente de la Cruz and Felisardo Pasag, accused of being • ' Ameri- canistas," such charge being founded on the fact that these victims had been in the habit of supplying beef for the American garrison. After the killing these accused forced several of the natives to carry the bodies to an isolated spot, and cast them into the mud on the banks of a stream, where they were subsequently found and identified. No denial of the deed is made by these accused, three of them simply resting their defense upon the statement that they were soldiers of accused, Doroteo Orbino, and that they acted under his orders through personal fear. The sentence, approved by the department commander, is confirmed, and as against accused, Doroteo Orbino, will be duly executed at the pueblo of Pozorrubio, province of Pangasinan, Luzon, P. I., on the 19th day of July. A. D. 1901, under the direction of the commancling general. Department of Northern Luzon. As against the accused, Juan Seraloy. Domingo Seraloy, and Jose Tambalgui, the sentence will be duly executed at the Presidio de Manila, to which place they will be sent under proper guard. By command of ^Major-General ^NlacArthur: Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Sfqf. Headquarters Division of* the Philippines, Manila, P. L, June 27, 1901. General Orders, No. 144. Before a military commission which convened at the city of Manila, Luzon, P. I., pursuant to paragraph 1, Special C)rders, No. 236, Head(iuarters Provost-Marshal- General (separate brigade provost guard). December 13, 1900, and of which Col. Wil- liam S. McCaskey, Twentieth L'. S. Infantry, was president, and Second Lieut. C. Stuart Patterson, Sixth F. S. Artillery, was judge-advocate, was arraigned and tried Segundo Tiacto Alvarez, native. Charge.—" Murder. " Specijication. — "In that Segundo Tiacto Alvarez, native, on or about the 22d day of August, 1899, then as now a time of insurrection, in the city of Manila, Luzon, P. I., a place then as now under the military government of the Fnited States of America, 198 CHARGES OF CRUELTY, ETC., TO FILIPINOS. willfully, feloniously, and with malice aforethought, did kill and murder one Vidal Manalo, a native, by stabbing him with a knife in the hands of him, the said Segundo Tiacto Alvarez, then and there had and held, inflicting thereby wounds whereof he, the said Vidal Manalo, died on or about the 22d day of August, 1899. This at the time and place above specified." Plea.— "Not guilty." Finding. — Of the specification, "guilty, excepting the word 'August,' substituting therefor the word 'May;' of the excepted word, not guilty, and of the substituted word, guilty." Of the charge, "guilty." Sentence. — And the commission therefore sentence him, Segundo Tiacto Alvarez, native, "to be hanged by the neck until he shall be dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring." In the foregoing case it appears that the accused, Segundo Tiacto Alvarez, native, without any apparent motive, made an assault in the daytime upon the deceased, who was passing along the street unarmed, and with an open pocketknife made repeated deep-cutting wounds upon the person of his victim, who pleaded vainly for mercy, and died upon the spot where the fatal blows were given. The sentence, approved by the convening authority, is confirmed, but upon his recommendation is commuted to imprisonment at hard labor for the period of his natural life. As thus commuted the sentence will be duly executed at the Presidio de Manila. By command of Major-General MacArthur: Thomas H. Babry, Brigadier- General, U. S. Volunteers, Chief of Staff . Headquaeters Division of the Philippines, Manila, P. I., June 27, 1901. General Orders, No. 145. Before a military commission which convened at Palanoc, island of Masbate, P. I., pursuant to paragraph 5, Special Orders, No. 11, Headquarters Department of Southern Luzon, January 11, 1901, and of which Capt. Abner Pickering, Second L^. S. Infantry, was president, and First Lieut. Peter E. Marquart, Second Y. S. Infantry, was judge- advocate, were arraigned and tried: I. ]\Iaximo Arimosa, Agustin Juicio, Ynocencio de la Cruz, Xarcisso Boltron, and Tomas Baybayon, natives. Charge. — ' ' Murder. ' ' Specification. — "In that Maximo Arimosa, Agustin Juicio, Ynociencio de la Cruz, Narcisso Boltron, and Tomas Baybayon, natives, and each of them, did feloniously and with malice aforethought, acting together and with others, murder and kill Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Xico- nedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Can- dida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, natives, and each of them, by shooting, cutting, stabbing, and striking them, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Rej'es, Dionicio Bedarugga, and Antonio Caldeville, with guns, revolvers, knives, bolos, and clubs, held in the hands of the said Maximo Arimosa, Agustin Juicio, Ynocencio de la Cruz, Xarcisso Boltron, and Tomas Baybayon, then and there inflicting upon the persons of the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Eche- varria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Eche- varria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, wounds whereof they, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Calde- ville, and each of them, then and there died. This at or near the pueblo of Xaro, Island of ^Masbate, P. L, on or about the 14th day of August, 1900, in time of insur- rection against the authority of the United States, said pueblo of Xaro being at the time under the jurisdiction of the United States." Pleas. — Ynocencio de la Cruz, "guilty;" Maximo Arimosa, Agustin Juicio, Nar- cisso Boltron, and Tomas Baybayon, and each of them, "not guilty." Findings. — Xarcisso Boltron, "not guilty;" Maximo Arimosa, Agustin Juicio, Ynocencio de la Cruz, and Tomas Baybayon, and each of them, "guilty." Sentence. — And the commission does therefore sentence them, Agustin Juicio, Ynocencio de la Cruz, and Tomas Baybayon, natives, and each of them, "to be CHARGES OF CRUELTY, ETC., TO FILIPINOS. 199 hung by the neck until they are dead, at such time and place as the reviewing author- ity may direct, two-thirds of the members of the commission concurring therein." Maximo Arimosa, native, ''to be confined at hard labor, at such place as the proper authority may direct, for the period of his natural life." And the commission does therefore "acquit" him, Xarcisso Boltron, native. II. Quintin IMacaydor and Pedro Abejero, natives. Charge. — "" Murder. ' ' Specification. — "In that Pedro Atendido, Augustin Sagalo, Pedro Abejero, and Quintin Macaydor, natives, and each of them, did, feloniously, and with malice aforethought, murder and kill Antonio Echevarria, Juan Echevarria, Julian Eche- varria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Eche- varria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Anto- nio Caldeville, natives, and each of them, by shooting, cutting, stabbing, and striking them, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Calde- ville, with guns, revolvers, knives, bolos, and clubs, held in the hands of the said Pedro Atendido, Augustin Sagalo, Pedro Abejero, and Quintin Macaydor, then and there inflicting upon the persons of the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, Avounds, whereof they, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, and each of them, then and there died." "This at or near the pueblo of Naro, island of Masbate, P. I., on the 14th dav of August, 1900." Plea.— "Not guilty." Finding. — Quintin Macaydor, "guilty;" Pedro Abejero, "not guilty." Sentence. — And the commission does therefore sentence him, Quintin Macaydor, native, "To be hanged by the neck until he is dead, at such time and place as the reviewmg authority may direct, two-thirds of the members concurring therein." And the commission does therefore "acquit" him, Pedro Abejero, native. In the foregoing cases, it appears that these accused, Maximo Arimosa, Agustin Juicio, Y'nocencio de la Cruz, Tomas Bay bay on, and Quintin Macaydor, were active and influential members of a band of armed Tulicanes which attacked the house of Antonio Echevarria, at Xaro, Masbate, August 14, 1900, murdered eleven members of the Echevarria family, tied the dead bodies into sacks and cast them into the sea. Robbery seems to have been the onb/ motive for this fiendish crime, and no miti- gating circumstance appears incidental to its commission. The sentences, approved by the department commander, are confirmed, and will be duly executed as against Agustin Juicio, Y'nocencio de la Cruz, Tomas Bay bay on, and Quintin Macaydor, at the pueblo of Masbate, island of Masbate, P. I., on the second (2d) day of August, A. D. 1901, under the direction of the commanding gen- eral. Department of Southern Luzon. As against the accused Maximo Arimosa, the sentence will be duly executed at the presidio de Manila, to which place this pris- oner will be sent under proper guard. By command of Major-General Mac Arthur: Thomas H. Barry, Brigadier-General, U. S. Vohmiecrs, Chief of Staff. Headquarters Division of the Philippines, Manila, P. I., June ^7, 1001. General Orders, Xo. 146. Before a military connuission which convened at the pueblo of Sorsogon, province of Sorsogon, Luzon, P. I., pursuant to paragraph 1, Special Orders, Xo. 208. Head- quarters Department of Southern Luzon, Xoveml)er 4, 1900, and of which ^Maj. Keller Anderson, Forty-seventii Infantry, U. S. Volunteers, was president, and Capit. John C Livingston, adjutant Forty-seventh Infantry, L"". S. Volunteers, was judge- advocate, was arraigned and tried Benito Dorotan, native. Charge.— " :Murder. " Specification. — "In that on tiie 3d day ersons: Cristina Zapanta Lopez and Generosa Lopez, the wife and daughter, resi>ectively, of Prudencio Lopez, sergeant of police of the town of San Isidro, X. E.. P. I. this at the barrio of San Isidro ^Malipit. on the 7th day of January. 1901. a time of insurrection and within territory occupied by the L'nited States troops." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 228 Charge III.— "Murder." Specification. — " In that Ciriaco Cabungal, a native, a member of a band of armed outlaws, associating and consorting therewith, did deliberately, feloniously, and with malice aforethought kill and murder by stabbing with knives, held in the hands of said band, the following persons: Oristina Zapanta Lopez and Generosa Lopez, the wife and daughter, respectively, of Prudencio Lopez, sergeant of police of the town of San Isidro, X. E., P. L, inflicting wounds whereof the said Cristiua Zapanta Lopez and Generosa Lopez, and each of them, then and there died. This at or near the town of San Nicolas, province of Xueva Ecija, Luzon, P. I., on or about the 7th day of January, 1901, a time of insurrection and within territory occu- pied by the United States troops." Plea. — To the specification, first charge, "guilty, except the words * Sisto Fran- cisco,' substituting therefor the words, 'Diego de Guzman;' of the excepted words, not guilty, and of the substituted words, guilty;" to the first charge, "guilty." To the specification, second charge, "guilty, excepting the words 'and one Sisto Francisco; ' and of the excepted words not guilty. To the second charge, " guilty." To the specification, third charge, "not guilty." To the third charge, " not guilty," FiNDixG. — Of the specification, first charge, "guilty," except the words 'Sisto Francisco,' substituting therefor the words, 'Diego de Guzman;' of the excepted words, not guilty, and of the substituted words, guilty." Of the first charge, 'guilty;" of the specification, second charge, "guilty, excepting the words 'and one Sisto Francisco,' and of the excepted words, not guilty;" of the second charge, ^'guiltv;" of the specification, third charge, "guiltv;" and of the third charge, *' guilty." Sentence. — And the commission does therefore sentence him, Ciriaco Cabungal, native, "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case the accused, Ciriaco Cabungal, has pleaded guilty to the first and second charges and their specifications, and there is ample evidence of record to sustain them. Of the third charge he pleaded not guilty, but the record shows beyond all reasonable doubt that he was a controlling member of a band of outlaws which intercepted a carromata containing two native women, the wife and daughter, respectively, of a sergeant of police of San Isidro, Luzon, made them captives and, subsequently, murdered them with bolos. Accused admits his presence with the band at the time of the capture, and also his knowledge that the women were so captured for the purpose of killing them, but he seeks to avoid criminal responsibil- ity for the murder by alleging he was not present at the actual killing. This is fully rebutted by the evidence, but, even if true, would constitute no defense in law. "Where two or more are banded together for a felonious purpose, each is equally guilty with the one they employ as their instrument in carrying out that purpose. The sentence, approved by the Department commander, is confirmed, but, in view of his subsequent recommendation to clemency, based upon the recommendation of two members of the commission, it is commuted to confinement at hard labor for life. As thus commuted, the sentence will be duly executed at the Presidio de Manila, to which ]~>lace the prisoner will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjuta nt- General. Headquarters Division of the Philippines, Manila, P. /., Juhi 25, 1901. General Orders, No. 193, Before a military commission which convened at Pozorrubio, Province of Panga- sinan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 220, Headquarters Department of Northern Luzon, December 8, 1900, and of which Capt. James B. Goe, Thirteenth L". S. Infantry, was president, and First Lieut. Harvey W. Miller, Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried: Silvino Galbay, Francisco Lopez, Gabino Urbano, Alejandro Bananan, and Alejo Menrije, natives. Charge I, — " Kidnaping." Specification. — In that they, Silvino Galbay, Francisco Lopez, Gabino L'rbano, Alejandro Bananan, and Alejo Menrije, natives, at Pozorrubio, Province of Pangasi- nan, Luzon, P. L, a place then as now under the military authority of the United States, on or about December 1, 1899, a time then, as now, of insurrection against the authority of the United States, in company of and consorting with a band of 224 CHARGES OF CRUELTY, ETC. . TO FILIPINOS. men, number and names imknown, armed with bolos and one spear, did milawfully and forcibly seize, bind and carry away from their places of residence the following persons, to wit: Xicomedes Imperial. Eulalio Imperial, Gregorio Imperial, and Quivas (an Igorrote), natives and residents of Pozorrubio, P. I. This about the time and at the place aliove specified," Charge II. — " Murder." Specirication. — "In that they, Silvino Galbay. Francisco Lopez, Gabiuo L'rbano, Alejandro Bananan, and Alejo Menrije, natives, at Pozorrubio, Province of Pan- gasinan, Luzon, P. I., a place then, as now, under the military authority of the United States, on or about December 1. 1899, a tune then, as now, of insurrection against the authority of the United States, in company of and consorting with a band of men, number and names unknown, armed with l)olos and one spear, did willfully, feloniously and with malice aforethought kill and murder the following persons, to wit: Xicomedes Imperial. Eulalio Imperial, (Tregorio Imperial, and Quivas (an Igorrote K natives and residents of Pozorrubio, P, I., by inflicting wounds, instrument or instruments unknown, whereof the said Xicomedes Imperial, Eulalio Imperial, Gregorio Imperial, and Quivas, then and there, or shortly afterwards, died. This about the time and place above specified." Pleas. — '"Not guilty." Findings. — •"Guilty." Sentence. — And the commission does therefore sentence them, Sihnno Cralbay, Francisco Lopez, Gabino Urbano, Alejandro Bananan, and Alejo Menrije, natives, and each of them, "To be hung by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therem." In the foregoing case it appeai-s that these accused, Silvino Gall3ay, Francisco Lopez, Gabino Urbano. Alejandro Bananan. and Alejo Menrije, at Pozorrubio, P. I., December 1, 1899. seized, bound, and carried from their houses, three native Filipinos, Xicomedes Imperial. Eulalio Imperial, Gregorio Imperial, and an Igorrote harvester, Quivas. Conveying these captives to an isolated spot, they were there murdered with bolos, some of the accused adding to the horror of the crime by raping the women of the families of their victims. The motive seems to have been revenge on the part of accused Alejo Menrije, arising out of a long antecedent action of the victims in damming a stream which diverted water from the lands of this accused. The sentence, approved by the Department Commander, is confirmed and will be duly executed against these accused. Silvino Galbay, Francisco Lopez, Gabino I'rbano, Alejandro Bananan. and Alejo Menrije, at Pozorrubio, Province of Pangasinan, Luzon, P. I., on tne 6th day of September, A. D. 1901, under direction of the commanding general. Department of Northern Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assista lit A djuta at- General. Headquarters Division of the Philippines, Mo.mln, P. /., July ;^o, 1901. General Ordei^s. No. 195. Before a military commission which convened at Bautista. province of Pangasinan, Luzon, P. I., pursuant to paragraph 10. Special Orders, Xo. 34, Headquarters Depart- ment of Northern Luzon, February 5, 1901, and of which Capt. John H. H. Peshine, Thirteenth U. S. Infantry, was president, and Second Lieut. Sylvester Bonnaffon, Thirteenth Y. S. Infantry, was judge-advocate, was arraigned and tried: Enfrasio de la Cruz, alias Clemente de la Cruz, native. Charge I. — "Kidnaping." Specincation 1. — "In that Enfi-asio de la Cruz, alias Clemente de la Cruz, a native, in company of and consorting with other natives to the numl>er of six, more or less, did forcibly and unlawfully seize Leandro Fernandez and Roman Martin, natives, did bind them with cords,' did l^eat and otherwise maltreat them, and did conduct them against their wills from the vicinity of the house of Eugenio Sol, a native, to the house of Jose Rico, a native, thence to the house of Juan de la Cruz, a native, and thence by banca to a place called Pindangan, where the said Fernandez was afterwards killed by outlaws to whom said Fernandez and ^lartin were delivered as prisoners by said Enfrasio de la Cruz. This at or near Camiling, province of Tarlac, a place under the military jurisdiction of the United States, on or about Octoljer 21, 1900, a time of insurrection." CHARGES OF CEUELTY, ETC., TO FILIPINOS. 225 Specification 2. — "In that Enfrasio de la Cruz, alias Clemente de la Cruz, a native, in company of and consorting with other natives to the nuin))er of fifteen (15), more or less, connnanded and led hy said Enfrasio de la ('ruz, he, the said De la Cruz, ])eing present, aiding and abetting, did unlawfully and forcibly seize one Hilario Antonio, a native, near the house of Ferzo Malio, a native, and did lead, carry, and conduct said Antonio, against his will, to the vicinity of the house of Enfrasio Manzano, a native, and did there detain him, the said Antonio, as a ])ris()ner for the i)eriod of twenty-four hours, more or less. This at or near Camiling, province of Tarlac, a place under the military jurisdiction of the United States, on or about November 11, 1900, a time of insurrection." Charge II.— " Murder. ' ' Specification. — "In that p]nfrasio de la Cruz, alias Clementine de la Cruz, a native, in company of and consorting with Elias Bersaman, Ferniin Romero, Jose de la Cruz, and other natives to the number of nine (9), more or less, commanded and led })y said Enfrasio de la Cruz, he, the said De la Cruz, being then and there present, aiding and abetting, did willfully, feloniously, and with malice aforethought kill and murder one Hilario Antonio, a native, by stabbing him with a bolo or bolos, held in the hands of members of the band, inflicting wounds whereof the said Antonio did then and there die. This at or near Camiling, province of Tarlac, a place under the military jurisdiction of the United States, on or about November 12, 1900, a time of insurrection." Plea.— "Not guilty." Finding. — "Guilty." Sentence. — And the commission does therefore sentence him, Enfrasio de la Cruz, alias Clemente de la Cruz, native, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case it appears that the accused, Enfrasio de la Cruz, alias Clemente ■de la Cruz, was a controlling member of a band of armed outlaws that seized, bound, maltreated, and carried off as prisoners two natives, Leandro Fernandez and Roman Martin, near Camiling, Tarlac, October 21, 1900, then delivered them to a band of ladrones, who killed them for their friendliness to the Americans. Again, this accused and his band, impelled by hke motives, on November 11, 1900, seized and bound one Hilario Antonio, held him prisoner for twenty-four hours and then mur- dered him with bolos. No mitigating circumstances exist calling for clemency. The sentence, approved by the deimrtment commander, is confirmed and wiU be duly executed at Camiling, province of Tarlac, Luzon, P. I., on the 6th day of September, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. By command of Major-(Teneral Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division op the Philippines, Manila, P. I., July 27, J 901. General Orders, No. 197. Before a military commission which convened at Iloilo, Island of Panay, P. I., pursuant to paragraph 10, Special Orders, No. 67, Headquarters De]mrtment of the Visayas, March 18, 1901, and of which Lieut. Col. Charles J. Crane, Thirty-eighth Infantry, U. S. Volunteers, was president, and Capt. William G. Fleischhauer, Thirty- eighth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Eroberto (xumban, native. Charge. — " Murder." Specification 1. — " In that on or about the 8d day of June, A. D. 1900, then as now a time of insurrection, at or near the pueblo of Pavia, Island of Panay, P. I., a place then as now a part of the territory and under the military government of the United States, one Eroberto Gumban, a native, did feloniously and willfully, with malice aforethought, murder and kill one Jilario Gobuyan, a native, at the time i)residente of the said pueblo of Pavia, by then and there stal)bing tlie said Jilario (iobuyan with a sharp instrument connuonly called a dagger, held in the hands of the said Ph-oberto Gumban, then and there in the manner aforesaid inliicting a wound upon the body of the said Jilario Gobuyan from the effects of which wound so inflicted as afore^said, the said Jilario (Tobuvan died on or about the 4th dav of June, A. I) 1900, at the puebbj of Jaro, Panay, 'P. I." S. Doc. 205, pt 2 15 226 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Additional Charge. — "Violation of the laws of war." Specification 1. — "In that on or about the third day of June, 1900, then as now a time of insurrection, one Eroberto Gumban, a native, at that time and for some time prior thereto a resident of the pueblo of Pa via. Island of Panay, P. I., a place then as now occupied by the military forces and under the military government of the United States, did command and lead an irregular company of insurrecto soldiers for the purpose of attacking the American garrison stationed in the said pueblo of Pavia." Specification 2. — "In that on or about the 3d day of June, 1900, then as now a time of insurrection, one Eroberto Gumban, a native, at that time and for some time prior thereto a resident of the pueblo of Pavia, Island of Panay, P. I., a place then as now occupied by the military forces and under the military government of the United States, did, as captain of an irregular company, not clothed in a distinctive uniform, command and lead said company into the said pueblo of Pavia for the pur- pose of attacking the United States garrison at that place." Specification 3. — " In that on or about the 3d day of June, 1900, then as now a time of insurrection, one Eroberto Gumban, a native, at that time and for some time prior thereto a resident of the pueblo of Pavia, Island of Panay, P. I., a place then as now occupied by the military forces and under the military government of the United States, did assume command, as captain of an irregular company of insurgents, the same not being part or parcel of the organized hostile army, and not sharing con- tinuously in regular warfare, but who did intermittently return to their homes and avocations. ' ' Plea.— "Not guiltv." Finding.—' ' Guilty. ' ' Sentence. — "And the commission does, therefore, sentence him, Eroberto Gumban, native, " to be hanged by the neck till dead, at such time and place as the reviewing authority may direct, two-thirds of the military commission concurring in the death sentence. ' ' In the foregoing case it appears that the accused, Eroberto Gumban, was a regular commissioned captain of an engineer company in the insurgent arm\" that on or about June 3, 1900, in pursuance of orders from his superior officers, he proceeded to the pueblo of Pavia, Panay, P. I. , with thirty soldiers, for the purpose of attacking the American garrison. After disposing his command for such attack and while arrang- ing for the signal for a general assault the deceased, presidente of the pueblo, approached and asked accused his intentions. He was answered that the garrison was to be attacked, when he immediately protested and attempted to retire. Accused then informed deceased that he was a prisoner and proceeded to detain him by grasping him by the shoulder. Deceased then seized accused by the throat, attempted to take his revolver from its holster, when accused, with his left hand, drew his dagger and stabbed deceased in the abdomen. Deceased wrenched the dagger from accused and escai^ecl, but died a few days later from peritonitis, resulting from the wound. When accused and his band first reached Pavia, they put camisas chino over their uniforms and pieces of nipa about their guns to avoid attracting the attention of the American soldiers on their approach, and with the alleged intention of throwing them off at the moment of attack. After the struggle with the deceased, accused and his band withdrew. Although perhaps guilty of violating the letter of the laws of war in assuming the camisas chino and nipa covers for their guns, such does not appear to have been done with a felonious intent, but rather as a ru$e de guerre, having ample precedent in similar acts of civilized warfare. The charge of murder can not be sustained on the above facts. The accused was a regularly commissioned officer of the hostile army, engaged in a contemplated attack upon the enemy under the orders of his superior officers. His rank and office was well known to the deceased, and that accused was supported by a force of the hostile army was evident to him. The apprehension of deceased as a prisoner to prevent the defeat of a military movement against a garrison of the enemy was a legitimate act of war. The deceased resisted that arrest at his own risk, and, although the resistance was a brave and admirable act, and the death which resulted is to be deplored, a felonious killing can not be distorted from the facts. The additional charges are not sustained by the evidence, nor do their specifications properly charge a crime. The evidence shows that the accused made no raids; that he was acting under a regular commission and orders of his superior officers; that he shared continuously in the war; that he was a part and parcel of the hostile army; that he did not return to his home intermittently and assume peaceful avocations; that the only occasion of CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 227 his visit to his home was the death of his son, and in this visit there was no felonious purpose or intent, and that he w^as guilty of no treachery or outlawry. The allega- tion that accused had the purpose of attacking the garrison without showing he carried that purpose into effect by overt act does not constitute an offense under the laws of war. The sentence is disapproved, and the accused, Eroberto Gumban, will be set at liberty. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., July 31, 1901. General Orders, No. 199. Before a military commission, which convened at Tayug, province of Pangasinan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 4, Headquarters Depart- ment of Northern Luzon, January 5, 1901, and of which Capt. Joseph B. Batchelor, jr.. Twenty-fourth U. S. Infantry, was president, and Second Lieut. John B. Sanford, Twenty-fourth V. S. Infantry, was judge-advocate, were arraigned and tried: Faustino Ruiz and Pedro Sebastian, natives. Charge. — " Murder. ' ' Specification. — "In that Faustino Ruiz and Pedro Sebastian, Filipinos, and each of them, in company of and consorting with outlaws to the number of three, more or less, did wilfully, feloniously and with malice aforethought murder and kill Basilio Acasta, a Filii3ino, suspected of having been instrumental in delivering up guns to the Americans, by striking the said Acasta with a rock held in the hand or hands of the said Ruiz and with sticks or talibones held in the hands of members of said party of outlaws, inflicting wounds therewith whereof the said Acasta then and there diecl. This in time, then as now, of insurrection against the L^nited States on or about the 24th day of September, 1900, at or near San Felipe, barrio of San Nicolas, province of Pangasinan, P. I., a place then as now occupied by the military forces of the United States." Plea.— ''Not guilty." Findings. — Faustino Ruiz, "guilty;" Pedro Sebastian, "not guilty." Sentence. — And the commission does therefore "Acquit Pedro Sebastian;" and sentences Faustino Ruiz, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concur- ring therein." In the foregoing case it conclusively appears that the accused Faustino Ruiz, with others not parties defendant in this case, attacked and killed with a rock, a rice- beater, and club, one Basilio Acasta, suspected of having been instrumental in deliv- ering insurgent rifles to the United States authorities. The evidence that accused Pedro Sebastian was present or that he participated in the crime is so meager and contradictory as to justify his acquittal, which is con- firmed. Accused Pedro Sebastian will, tlierefore, be set at liberty. The sentence, approved by the department commander, is confirmed and will be duly executed against accused Faustino Ruiz at San Nicolas, province of Pangasinan, Luzon, P. I., on the thirtieth (30th) day of August, A. D., 1901, under the direction of the commanding general. Department of Northern Luzon. By command of 3Iajor-General Chaffee: W. P. Hall, Assistant A djutant- General. Headquarters Division of the Philippines, Manila, P. L, July 31, 1901. General Orders, No. 200, Before a mihtary commission which convened at Nueva Caceres, province of Cama- rines Sur, Luzon, P. I., pursuant to paragraph 8, Special Orders, No. 8, Headquarters Department of Southern Luzon, January 8, 1901, and of which Col. Almond B. Wells, First U. S. Cavalry, was president, and First Lieut. James A. Lynch, Fifteenth U. S. Infantry, was judge-advocate, were arraigned and tried Pastor Espirito, Eduardo Santo Domingo, and Agapito [Nlajaldat, natives. 228 CHARGES OF CRUELTY. ETC., TO FILIPINOS. Charge I. — "Kidnapping in violation of the laws of war." Specification. — "In that they, Pastor Espirito, Eduardo Santo Domingo, and Aga- pito ^lajaldat, did enter the town of Tinambac, and there, by force and'against his will, did kidnap a native, Carlos Benosa, and did from there conduct him to an unoccupied house in the woods in the vicinity of said town. This at Tinambac and vicinity, on or a))out March 14 and 15, 1901, in time of insurrection, and at a place under the military government of the United States." Charge II. — "Murder in violation of the laws of war." jSpecificafion. — "In that they, Pastor Espirito, Eduardo Santo Domingo, and Aga- pito ]Majaldat, did willfully and with malice aforethought murder a native, Carlos Benosa, after having kidnaped him, by binding his arms and drowning him in San jNIiguel Bay. This in time of insurrection, at or near Tinambac, Camarines Sur, P. I., March 15, 1901, a place under the military government of the United States." Plea.— "Not guilty." Finding. — Pastor Espirito, "guilty." Eduardo Santo Domingo and Agapito Majaldat, of the specification, first charge, "guilty;" of the first charge, "guilty." Of the specification, second charge, "not guilty;" of the second charge, "not guilty." Sentence. — And the commission does therefore sentence him, Pastor Espirito, native, "to be confined at hard labor at such place as the reviewing authority may direct for the remainder of his natural life. ' ' And the commission does therefore sentence them, Eduardo Santo Domingo and Agapito Majaldat, natives, and each of them, "to be confined at hard labor at such place as the reviewing authority may direct for five (5) years." In the foregoing case it appears that Pastor Espirito, aided and assisted by his joint defendants, Eduardo Santo Domingo and Agapito INIajaldat, M-'as engaged in collect- ing contributions for the insurgents at Tinambac, Camarines Sur. Meeting one Carlos Benosa, suspected of being an Americanista, Pastor Espirito caused him to be seized, bound, and conveyed to the insurgent quarters across the river, and the fol- lowing day ordered these other accused to l:)ind deceased to a heavy rock and cast him into the sea, which order was carried out, resulting in the death of Benosa by drowning. The sentences against Majaldat and Santo Domingo have been carried into effect by order of the department commander. The sentence against Pastor Espirito, apj^roved by the department commander, is confirmed, and will be duly executed at the Presidio de Manila, to which place he will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, July 31, 1901. General Orders, No. 202. Before a military commission which convened at Manila, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 236, Headquarters Provost-Marshal-General (Sep- arate Brigade, Provost Guard), December 13, 1900, and of which Col. William S. IMcCaskey, Twentieth U. S. Infantry, was president, and Second Lieut. C. Stuart Patterson, jr.. Sixth \J. S. Artillery, was judge-advocate, was arraigned and tried Victor Fajardo, native. Charge. — ' ' Murder. ' ' Specification. — " In that Victor Fajardo, native, on or about August 20, 1900, then, as now, a time of insurrection in the city of Manila, P. I., a place then, as now, under the military government of the United States, Avillfully, feloniously, and with malice aforethought did kill and murder one Ting Say, a Chinaman, by stabbing him with a knife in the hands of the said Victor Fajardo, then and there had and held, inflict- ing thereby wounds whereof he, the said Ting Say, died on August 21, 1900. This at the time and place above specified." Plea.— "Guilty." FiNDiNci. — Of the specification, "guilty, excepting the words 'kill and murder,' substituting therefor the words ' assault with intent to kill,' and excepting the words 'whereof he, the said Ting Say, died August 20, 1900,' of the excepted words 'not guilty,' and of the substituted word 'guiUy.'" On the charge, "not guilty, but guilty of assault with intent to kill." Sentence. — And the commission does therefore sentence him, Victor Fajardo, native, "to be confined at hard labor at such place as the reviewing authority may CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 229 direct for twenty years." In the foregoing case it appears that this accused, Victor Fajardo, committed a felonious assault with a knife upon three Chinamen in a car- penter shop on the corner of Gandara and Lacosta streets, Manila, August 20, 1900. It is also shown that a Chinaman named Ting Say was received at the San Juan de Dios Hospital August 20, 1900, suffering from knife wounds, from the effects of which he died; but there is no evidence that Ting Say was one of the men assaulted by the accused and the judge-advocate announced in open court his inability to procure the evidence on this most important point. The corpus delicti of this charge has, there- fore, not been proven. That the accused was guilty of felonious assault upon three Chinamen, names unknown, is clear. The commission having found the accused guilty of this minor included offense, the sentence, approved by the convening authority, is confirmed and will be duly exe- cuted at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I. , August 2, 1901. General Orders, No. 204. Before a military commission which convened at Bautista, province of Pangasinan, Luzon, P. I., pursuant to paragraph 10, Special Orders, No. 34, Headquarters Depart- ment of Northern Luzon, February 5, 1901, and of which Capt. John H. H. Peshine, Thirteenth LT. S. Infantry, was president, and Second Lieut. Sjdvester Bonnaffon, Thirteenth U. S. Infantry, was judge-advocate, was arraigned and tried Felix Trinidad, a native. Charge I. — "Aiding guerrillas." Specification 1. — "In that Felix Trinidad, alias 'F. Smith,' a native, did unlaw- fully collect money, clothing, bolos, cigarettes, and other articles from the native residents of Camiling, and did transmit the same to one Fructuoso Sembrano, a native outlaw engaged in guerrilla warfare against the United States. ' ' "This at or near Camiling, province of Tarlac, a place under the military jurisdic- tion of the United States, at various and sundry times during the months of October and November, 1900, a time of insurrection." Specification 2 . — "In that Felix Trinidad, alias 'F. Smith,' a native, in compli- ance with orders of one Fructuoso Sembrano, a native outlaw engaged in guerrilla war- fare against the United States, did unlawfully obtain and forward to said Sembrano, various persons, residents of the town of Camiling, to the number of 20 more or less, which persons were compelled to become members of the band of outlaws." "This at or near Camiling, province of Tarlac, a place under the military jurisdic- tion of the United States, at various and sundry times during the months of October and November, 1900, a time of insurrection." Charge II. — "Kidnaping." Specification. — "In that Felix Trinidad, alias 'F. Smith,' a native, acting as an agent of one Fructuoso Sembrano, a native outlaw engaged in guerrilla warfare against the United States, did, when Ramon Martin and Leandro Fernandez, natives, who had been seized and bound by Clementede la Cruz (alias Enfrasio de la Cruz), Fran- cisco Candelario, and others were brought before him, unlawfully direct that said Martin and Fernandez be conducted to the encampment of the guerrillas, and did then and there write a letter of transmittal to said Sembrano. and transmit it by said Clemente de la Cruz, who, pursuant to said directions, forcibly and feloniously and against their will, conducted said Martin and Fernandez to a i>lace called Pin- dangen, where the said Fernandez was a few days later assassinated by the guerrillas. ' ' "This at or near Camiling, province of Tarlac, a place under the military jurisdiction of the United States, on or about October 21, 1900, a time of insurrection," Plea.— "Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Felix Trinidad, native, "to be confined at hard labor for a period of thirty (30) years at such place as the reviewing authority may direct." In the foregoing case it appears that this accused, Felix Trinidad, while living at Camiling, Tarlac, within the lines and occupation of the United States troops, aided and abetted an armed band of outlaws under the leadership of Fructuoso Sembrano, by collecting from the inhabitants and sending to him money, clothing, bolos, food, 280 CHARGES OF CEUELTY, ETC., TO FILIPINOS. and cigarettes; drafting natives and forcing them to join such band of outlaws, and causing to be seized, bound, and conveyed to its notorious leader two prisoners, one of whom was subsequently murdered by said band. The evidence discloses this accused as a war traitor of the worst type, and morally, if not legally, responsible for the assassination of at least one inoffensive native. The sentence, approved by the department commander, is confirmed and will be duly executed at the presidio de Manila, to which this prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. J., August 2, 1901. General Orders, No. 205. Before a military commission which convened at Laoag, province of Ilocos Norte, Luzon, P. L, pursuant to paragraph 2, Special Orders, No. 98, Headquarters Depart- ment of Northern Luzon, April 10, 1901, and of which Maj. Alfred Reynolds, Twentieth U. S. Infantry, was president, and First Lieut. George H. Estes, 20th U. S. Infantry, was judge-advocate, were arraigned and tried Pedro Galut, Basilio Caoing, Antonino Layaoen, and Teovaldo Ofino, natives. Charge I. — "Murder, in violation of the laws of war." Specification. — "In that they, Pedo Galut, Basilio Caoing, Antonino Leyaoen, and Teovaldo Ofino, natives, and each of them, on or about March 16, 1901, then as now a time of insurrection, at or near Uguis, jurisdiction of Badoc, island of Luzon, P. I., a place then as now under the military government of the United States, in company of and consorting with a band of guerrillas, names and numbers unknown, armed Avith deadly weapons, to wit, bolos and spears, did willfully, feloniously, and with malice aforethought, kill and murder Sanay Sagas, Andres Redondo, Guimba, and a boy, name unknown, and each of them, all natives and residents of Uguis, by stabbing and cutting them with bolos and spears held in the hands of members of said band, inflicting various mortal wounds upon the bodies of said Sanay Sagas, Andres Redondo, Guimba, and boy, name unknown, whereof the said Sanay Sagas, Andres Redondo, Guimba, and boy, name unknown, and each of them, then and there died, the said Pedro Galut, Basilio Caoing, Antonino Layaoen, and Teovaldo Ofino, and each of them, being then and there present, aiding, and abetting, and cooperating with the said band. This at the time and place above specified." Charge II. — "Arson." Specification. — In that they, Pedro Galut, Basilio Caoing, Antonino Layaoen, and Teovaldo Ofino, natives, and each of them, did, on or about March 16, 1901, then as now a time of insurrection, in the toNA'ii of Uguis, jurisdiction of Badoc, island of Luzon, P. I., a place then as now under the military government of the United States, in company of and consorting with a band of armed guerrillas, names and number unknown, feloniously and maliciously set fire to and burn twenty-five dwell- ing houses, more or less, and ten granaries, more or less, the property of and occupied by natives of Uguis. This at the time and place above specified." Pleas.—" Not guilty. ' ' Findings. — Of the specification, first charge, "guilty, excepting the words, 'Andres Redondo, Guimba, and a boy, name unknown,' where such words occur, substituting in each case ' Eding,' of the excepted words not guilty, and of the sub- stituted words guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty." Sentence. — And the commission does therefore sentence them, Basilio Caoing, Antonino Layaoen, and Teovaldo Ofino, natives, and each of them, "To be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." And the commission does therefore sentence him, Pedro Galut, native, "To be confined at hard labor, at such place as the reviewing authority may direct, for the period of ten (10) years." In the foregoing case it appears that these accused, Pedro Galut, Basilio Caoing, Antonino Layaoen, and Teovaldo Ofino were members of a band of armed outlaws that attacked and burned the town of Uguis, jurisdiction of Badoc, Luzon, P. L, about March 16, 1901, and killed three peaceful natives with spears and bolos. These CHARGES OF CEUELTY, ETC., TO FILIPINOS. 231 accused and each of them are shown to have been active participants in killing the victims and in hurning: the buildings. The sentence, approved by the department commander, is confirmed, l)ut, in accordance with his recommendation, is commuted in the cases of Basilio Caoing, Antonino Layaoen, and Teovaldo Ofino to imprisonment at hard labor for the period of their natural lives. The Presidio de Manila is designated as the place of execu- tion of the sentences of all these accused, to which they will be sent under proper guard. Bv connnand of Major-General Chaffee: \V. P. Hall, Assistant Attorne II- General. Headquarters Division of the Philippines, Manila, P. 1., August 6, 1901. General Orders, Xo. 208. Before a military commission which convened at Tarlac, province of Tarlac, Luzon, P. I., pursuant to paragraph 7, Special Orders, Xo. 79. Headquarters Department of Xorthern Luzon, March 22, 1901, and of which Capt. Robert K. Evans, Twelfth L'. S. Infantry, was president, and First Lieut. Earle Edmundson, Thirty-third Infantry, Y. S. Volunteers, was judge-advocate, were arraigned and tried Egino Gamurot, N'icente Encarnacion, Cavetano Antonio, and Vicente Gabuni, natives. Charge. — ' ' Murder. ' ' Specification. — "In that Egino Gamurot, Vicente Encarnacion, Cayetano Antonio, and Vicente Gabuni, all natives of the Philip]nne Islands, and each of them on or about July 12, 1900, then as now a time of insurrection, in the pueblo of Victoria, province of Tarlac, Luzon, P. I., a place, then as now, in the theater of active mili- tary operations, did forcibly take from their homes two peaceful native citizens Simplicio Daniel and Angelino Daniel, and having conducted them to a retired spot, outside the limits of the aforesaid pueblo, did willfully, feloniously, and with malice aforethought kill and murder the said Simplicio Daniel and Angelino Daniel, by stabbing them with a bolo held in the hands of Egino Gamurot, inflicting wounds therewith, whereof they, the said Simplicio Daniel and Angelino Daniel, then and there died." "This at about 8 o'clock p. m., on or about the date and at the place above specified." Pleas. — Egino Gamurot, "guilty;" Vicente Encarnacion, Cayetano Antonio, and Vicente Gabuni, "not guilty." Findings. — Egino Gamurot, "guilty;" Vicente Encarnacion, Cayetano Antonio, and Viacente Gabuni, "not guilty." Sentence. — And the commission does therefore acquit the said Vicente Encarna- cion, Cayetano Antonio, and Vicente Gabuni, natives, and does sentence the said Egino (xamurot, native, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring in this sentence." In the foregoing case it appears of record that Egino Gamurot, one of the accused, was a corporal of police at Victoria, Tarlac, and by virtue of his authority over the other accused, Vicente Encarnacion, Cayetano Antonio, and Vicente Gabuni, who were also policemen, ordered them to assist him in arresting two natives, Simplicio and Angelino Daniel, which being accomplished they took their captives to the fields where the accused (Tanuirot, without further assistance from the other accused, con- ducted the deceased to a still greater distance and when beyond observation killed them with a bolo. The motive for this murder is found in the accusation that the deceased had given information to the Americans regarding the location of an insur- gent camp. The connnission having found Vicente Encarnacion, Cayetano Antonio, and Vicente Gabuni not guilty, they will be set at liberty. The sentence against Egino Ganuirot, approved by the department commander is confirmed, and will be duly executed at Victoria, province of Tarlac, Luzon, P. I., on the 13th day of Septem])er, A. D. 1901, under the direction of the connnanding general, Department of Northern Luzon. Bv command of ]Major-General Chaffee: W. P. Hall, AssiMant Adjutant- (rcneral. 232 CHARC4ES OF CRUELTY, ETC., TO FILIPINOS. Headquarters Division of the Philippines, Manila, F. I., August 6, 1901. General Order;?, No, 209. Before a military commission which convened at Capas, province of Tarlac, Luzon, P. L, pursuant to paragraph 7, Special Orders, No. 79, Headquarters Department of Northern Luzon, March 22, 1901, and of which Maj. Robert K. Evans, Thirtieth 17. S. Infantry, was president, and First Lieut. Earle Edmundson, Thirty-third Infantry, U. S. Yoiunteers, was judge-advocate, was arraigned and tried Jose Atienza, native. Charge I. — " Murder. ' ' Specification. — "In that he. Jose Atienza, on or about the 31st day of October, 1900, a time, then as now, of insurrection against the lawful authoritj' of the United States, at or near the sitio of Sampolac, barrio of Cutcut, pueblo of Capas, province of Tarlac, Luzon, P. I., a place then, as now, under the military occupation and Government of the United States, in company of and consorting with a band of armed outlaws to- the number of fifteen (15), more or less, did wilfully, feloniously, and with malice aforethought, kill and murder one Manuel Dantes, native, by shooting the said Manuel Dantes in the head with a revolver held in the hands of the said Jose Atienza, thereby inliicting a wound whereof the said Manuel Dantes then and there died. This at the time and place above specified." Charge II. — ' ' Kidnapping. ' ' Specification 1. — "In that he, Jose Atienza, native, on or about October 25, 1900, a time, then as now, of insurrection against the lawful authority of the United States, at or near the plaza in the pueblo of Capas, province of Tarlac, Luzon, P. I., a place then, as now, under the military occupation and Government of the L'nited States, in company of and consorting with a band of armed outlaws to the number of ten (10), more or less, did feloniously and forcibly seize and carry away, against his will, one Cirilio Lombay, native, by binding his arms Avith ropes and forcibly proceeding with him through the barrio Cutcut southwest toward the sitio Sampolac, from which time and place the said Cirilio Lombay has never returned or been heard from since. This at the time and place above specified." Specification 2. — "In that he, Jose Atienza, native, on or about October 31, 1900, a time, then as now, of insurrection against the lawful authority of the L^nited States, at or near the plaza in the pueblo of Capas, province of Tarlac, Luzon, P. I., a place then, as now, under the military occupation and Government of the United States, in compau}' of and consorting with a band of "armed outlaws to the number of ten (10), more or less, did feloniously and forcibly seize and carry away, against his will, one Manuel Dantes, native, by binding his arms with ropes and forcibly proceeding with him through the barrio Cutcut southwest toward the sitio Sampolac, from Avhich time and place the said ]Manuel Dantes has never returned or been heard from since. This at the time and place above specified." Charge III. — " Being a guerrilla. " Specification. — In that he, Jose Atienza, native, not being a member of any recog- nized military organization, but acting independently of the same, did, in combina- tion with sundry other persons similarly acting, armed with guns, revolvers, and bolos, engage in a guerrilla Avarfare, and in prosecution of such AAarfare did rob and terrorize the peaceful inhabitants of the pueblo of Capas and its barrios. This between October 1, 1900, and February 1, 1901, in the pueblo and barrios of Capas, province of Tarlac, Luzon, P. I." Plea, — To the specification, first charge, "guilty, excepting the AA'ords 'Avilfully, feloniously, and Avith malice aforethought,' and the Avord 'murder' to the excepted AA'ords 'not guilty;'" to the first charge, "not guilty;" to the first specification, second charge, "not guilty;" to the second specification, second charge, "not guilty;" to the second charge, "not guilty;" to the specification, third charge, "not guilty;" to the third charge, "not guilty," Findings. — Of the specification, first charge "guilty." Of the first charge, "guilty." Of the first specification, second charge, "not guilty." Of the second specification, second charge, "guilty." Of the second charge, "guilty." Of the specification, third charge, "guilty, except the Avords, 'and in prosecution of such warfare did rob and terrorize the peaceful inhabitants of the pueblo of Capas and its barrios,' and of the excejjted Avords, not guilty." Of the tnird charge, "guilty." Sentence. — And the commission does therefore sentence him, Jose Atienza, natiA'e, "To be hanged by the neck until dead, at such time and place as the rcAieAving authority may direct, tAvo-thirds of the commission concurring in these findings and this sentence." In the foregoing case it appears that the defendant, Jose Antienza, Avas associated Avith an armed band of outlaAVS, not a part of any recognized military organization. CHARGES OF CRUELTY, ETC., TO FILIPIlSrOS. 233 and that he, with others, at Capas, Tarlac, October 31, 1900, seized, bound, and con- veyed to a newly prepared grave, one Manuel Dantes, suspected of friendliness to the Americans. Here the accused personally shot Dantes through the head from behind while the latter was bound and helpless.' The accused admits the killing as alleged, but seeks to avoid responsibility for his act by the plea, persistently relied upon in like cases, that he was acting under the orders of a superior officer. In this instance such superior officer was not present and exercised no power of duress over the accused, and he admitted that he had never known his superior officer to kill anyone who avoided the execution of an order such as he had willingly obeyed. But if the facts were otherwise, and the accused in fact did murder deceased through a cowardly fear of remote danger to his own life, not only was he guilty of murder, but the officer who gave the order and all who assisted in the act of assassinating a law-abid- ing man are principals in law and subject to its severest penalties. The sentence, approved by the department commander, is confirmed and will be duly executed at the pueblo of Capas, Tarlac Province, Luzon, P. I., on the 13th day of September A. D. 1901, under the direction of the commanding general. Department of Xorthern Luzon. Bv command of Major-General Chaffee: AV. P. Hall, Asmtant Adjutant-General. Headquaeters Division of the Philippines, Manihi, P. I.. August 13, 1901. General Orders, Xo. 216. Before a mihtary commission which convened at Bautista, Province of Pangasinan, pursuant to paragraph 10, Special Orders, Xo. 34, Headquarters Department of Northern Luzon, j'ebruary 5, 1901, and of which Capt. John H. H. Peshine, Thir- teenth L". S. Infantry, was president, and Second Lieutenant Sylvester Bonnaffon, Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried: Manuel Cadulasan, Dionisio Bustillos, Esteban Caramillo, Esteban Lopez, Tiburcio Bagnio, Pascual Francisco, Gregorio Caramillo, Cipriano Arellano. Filomeno Areola, Castor Castro, 3Iiguel Mulatao, Xicolas Laureta and Antonio Barcena, natives. Charge. — • ' Kidnapping. ' ' Specification. — '"In that Manuel Cadulasan, Dionisio Bustillos, Esteban Caramillo, Estoban Lopez, Tiburcio Bagnio, Pascual Francisco, Gregorio Caromillo, Cipriano Arellano, Filomeno Areola, Castor Castro, Miguel Mulatao, Xicolas Laureta and Antonio Barcena, natives, and each of them, being members of a band of natives armed with talibones, on or about January -t, 1900, a time, then as now, of insurrec- tion against the lawful authority of the United States, in territory, then as now, occupied by United States troops, did, unlawfully, feloniously, and forcibly seize, bind and take from his house and conduct away from said house, against his will, Martin Ganancial, a native. "This at or near the sitio of Palaciuipac, town of Rosales, P. I., on or about the date specified." Charge II.— "Arson." Specification. — "In that Esteban Lopez, Manuel Cadulasan, Tiburcio Bagnio, Dion- isio Bustillos, Pascual Francisco, Esteban Caramillo, Gregorio Caramillo. Cipriano Arellano, Filomeno Areola, Castor Castro, ^Miguel Mulatao, Xicolas Laureta and Antonio Barceda, natives, and each of them, being member of a band of natives, armed with tilibones, on or about January 4, 1900, a time, then, as now, of insurrec- tion against the lawful authority of the United States, in territory then, as now, occu- pied by United States troops, did willfully, maliciously, and feloniously set fire to and burn the dwelling house of one Martin Ganancial, a native, thereby destroying said dwelling house and compelling the exit therefrom of said Martin Gadancial, native. "This at or near the sitio of Palaquipac, town of Rosales, P. I., on or about the date above specified." Charge III.— "Murder." Specification. — "In that Esteban Lopez, Manuel Cadulasan, Tiburcio Bagnio, Dion- isio Bustillos, Pascual Francisco, Esteban Caramillo, Gregorio Caramillo, Cipriano Arellano, Filomeno Areola, Castor Castro, Miguel ^Mulatao, Nicolas Loreta and Antonio Barcena, natives, and each of them, being membei's of a band of natives, armed Avith talibones, on or about January 4, 1900. a time then, as now, of insurrec- tion against the lawful authority of the United States, in territory then, as now, occupied by United States troops, did, willfully, feloniously, and with malice afore- 234 CHARGES OF CRUELTY, ETC., TO FILIPINOS. thought, kill and nnirder Martin Ganancial, a native, with bolos held in the hands of members of the said band, names nnknown, inflicting wounds therewith, whereof the said ^Martin Ganancial, a native, then and there died. This at or near the sitio of Rabago, town of Kosales, P. I., on or about the date specified." Pleas.— "Not ouiltv." Findings.— "Guihy." Sentence. — And the commission does therefore sentence them as follows: "The said Dionisio Bustillos, Castor Castro, ^liguel Mulatao, and Nicolas Laureta, and each of them, "To be hanged by the neck until they and each of them are dead, at such time and place as the reviewing authority may direct, two-thirds of the mem- bers of the commission concurring therein; and the said Manuel Cadulasan, Esteban Lopez, Tiburcio Bagnio, Pascual Francisco, Gregorio Caramillo, Cipriano Arellano, Filomeno Ai-eola and Antonio Barcena, and each of them, to be confined at hard labor at such place as the reviewing authority may direct, for the period of thirty (30) years." In the foregoing case, it appears that these accused, INIanuel Cadulasan, Dionisio Bustillos, Esteban Caramillo, Esteban Lopez, Tiburcio Bagnio, Pascual Francisco, Gregorio Caramillo, Cipriano Arellano, Filomeno Areola, Castor Castro, Miguel Mulatao, Nicolas Laureta, and Antonio Barcena, led by Manuel Cadulasan, about January 4, 1900, in the nighttime, surrounded the house of one Martin Ganancial, at Rosales, P. I., called him forth and u])on his failing to comply, fired the house. "While escaping from the flames, Ganancial was seized, bound, and conveyed to an isolated spot, by these accused, and there murdered with bolos. No reasonable doubt as to the participation of all of these accused in the crimes alleged arises from the evidence, and many of them admit their presence and con- nection with the band perpetrating the crimes. The sentence, approved by the department commander, is confirmed, but, in accordance with his recommendation, is connnuted in the cases of Dionisio Bustillos, Castor Castro, INIiguel IMulatao, and Nicolas Laureta, and each of them, to imprison- ment at hard labor for the period of their natural lives; and in the cases of Manuel Cadulasan, Esteban Caramillo, Esteban Lopez, Tiburcio Bagnio, Pascual Francisco, Gregorio Caramillo, Cipriano Arellano, Filomeno Areola, and x\ntonio Barcena, and each of them, is mitigated to imprisonment at hard labor for the term of fifteen (15) years. As thus commuted and mitigated, the sentences will be duly executed at the Presidio de ^Manila, to whicli place the prisoners will be sent under proper guard. Bv connnand of ^Major-General Chaffee: W. P. Hall, Assistant Adjutant-General. Headquarters Division of the Philippines. Manila, P. /., August 17, 1901. peneral Orders, No. 221. Before a military commission which convened at San Fernando de la L^'nion, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 158, Headquarters Department of Northern Luzon, October 3, 1900, and of which Lieut. Col. Samuel INI. Swigert, 13th L^. S. Cavalry, was president, and Maj. Charles F. Kieffer, surgeon, 48th Infan- try, U. S.Y.,was judge-advocate, was arraigned and tried: I. — Natalio Valencia, native. CharctE 1. — "Murder, in violation of laws of war." Specification 1. — "In this, that he, Natalio Valencia, first lieutenant of insurrectos, and in charge of Guerrilla No. 5, Ilocos Sur, did direct Lorenzo Andaya, one of his soldiers, to murder Pedro Carino, a peaceful inhabitant of Amarao, San Jose, which illegal order was obeyed, and the said Pedro Carino nmrdered with a bar of iron held in the hands of the said Lorenzo Andaya." " This at or near the rancheria Quintabungao, San Jose, Ilocos Sur, Luzon, P. I., a place in territory occupied by United States forces, on or about January, 1901." Specification 2. — " In this, that he, Natalio Valencia, first lieutenant of insurrectos, and in charge of Guerrilla No. 5, Ilocos Sur, was present as an officer and shared responsilnlity of an illegal order given to one Lorenzo Andaya, to murder one Gregorio Paredes, a peaceful inha})itant of Santa Cruz, Ilocos Sur, which was done with an iron bar held in the hands of the said Lorenzo Andaya, a native of Tagudin," " This at or near rancheria of ^Mapolina, San Jose, Ilocos Sur, Luzon, P. I., a place in territory occupied by United States forces, on or about March, 1901." Charc4E II. — "Barbarism, in violation of the laws of war." Specification. — "In this, that he, Natalio Valencia, first lieutenant of insurrectos, and in charge of Guer- CHAKGES OF CEUELTY, ETC., TO FILIPINOS. 235 rilla Xo. 5, Ilocos Sur, did, after having one Pedro Carino, a peaceful inhabitant of San Jose, Ilocos Sur, murdered, order and direct his soldiers to dip their hands in and taste the blood of the said Pedro Carino." "This at or near rancheria of Quintabungao, Ilocos Sur, Luzon, P. I., a place in territory occupied by United States forces, on or about January, 1901." Plea.— "Not guilty." Finding. — Of the iirst specification, first charge. — " Guilty, except the word ' iron,' substituting the Avord 'wood;' of the excepted word, not guilty; of the substituted word guilty." Of the second specification, first charge. — " Guilty, except the Avords, *an iron,' substituting the words, 'a wooden;' of the excepted words, not guilty; of the substituted words, guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Xatalio Valencia, first lieutenant of insurrectos, " To be hanged by his neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission con- curring therein." In the foregoing case it appears that this accused, Xatalio Valencia, was the leader of Guerrilla Xo. 5, Ilocos Sur, and as such, at San Jose, in January, 1901, ordered one of his soldiers to murder a peaceful native accused of being a spy for the Amer- icans, which order was then and there executed, the victim being struck on the back of the head with a billet of wood. In like manner, one Gregorio Paredes was mur- dered in the presence of and under the direction of accused, at Mapoiina, San Jose, in March, 1901; and Pedro Carino, at Quintabungao, in January, 1901. This last victim, having been struck at the base of the skull, bled freely from the ears and nose, whereupon the accused lined up his soldiers and compelled them, at the point of his revolver, to drink or taste of this blood. One guilty of such savage ferocity reveals himself as an enemy of mankind and forfeits all claim to mercy. The sentence, approved by the deimrtment commander, is confirmed, and will be duly executed at Bangar, Province of Union, Luzon, P. I., on the thirteenth (13th) day of September, A. D. 1901, under the direction of the commanding general. Department of Xorthern Luzon. II. — Hilario Quesada, native. Charge I. — "Murdering prisoners, in violation of the laws of war." Specification 1. — "In this, that he, Hilario Quesada, native, lieutenant of insur- rectos, and in command of an escort, which escort had in its keeping an American prisoner, presumed to be Private James H. Husketh, Company H, 29th Infantry, U. S. v., did order the said escort to murder the said American prisoner, which was done in the immediate presence and under the personal supervision of the said Hilario Quesada, lieutenant of insurrectos, with bayonets held in the hands of the members of the said escort and with a gun held in the hands of Corporal Luis Lopez, of the said escort. This in the month of March, 1900, a time of insurrection and near the rancheria of Sabed, Union, Luzon, P. I., territory in the theatre of military operations. ' ' Specijication 2. — "In this, that he, Hilario Quesada, native, lieutenant of insur- rectos, being in command of an escort of a calx) and four insurrecto soldiers, and having under his protection an American prisoner, one Sullivan, a nonc()nd)atant, did order the said escort to murder the said noncombatant American prisoner, Sul- livan, which was done in his, Quesada's innnediate presence, and under his personal supervision, by bayonets held in the hands of the members of the said escort." "This about the month of ^Nlarch, 1900, a time of insurrection, and at or near the rancheria of Sabed, Union Province, Luzon, P. L, a i)lace in the theatre of military oi)erations. Chak(;e II. — "Breaking oath of amnesty, in violation of the laws of war." Speci- fication. — "In this, that' he, Hilario Quesada, lieutenant of insurrectos, being a prisoner of the American forces and sent to ^lanila, where he was lil^erated, aifter taking the prescribed oath of amnesty, did violate the said oath and again engage in iusurrection against the I'nited States, until he was ca})tured in an engagement with the United States forces at or near the rancheria of Barincucurong, Tagudin, Ilocos Sur, on or about IMarch 8, 1901." "This at the time and place above mentioned." Plea.— "Xot guilt V." Finding.— "Guilty." Sentence. — And the connnission does therefore sentence him, Hilario Quesada, native, "To l)e hanged by the neck until dead, at such time and i>lace as the review- ing authority may direct, two-thirds (jf the commi.ssion concurring therein." In the foregoing case it appears that this accused, Hilario (Quesada, was a lieuten- 236 CHARGES OF CEUELTY, ETC., TO FILIPINOS. ant of insurgents and in command of an escort having in charge two American prisoners, one Private James H. Husketh, Company H, 29th Infantry, U. S. Volun- teers, and the other, George B. SuUivan, a civihan merchant and noncombatant. At or near the rancheria of Sabed, Union, Luzon, during the month of March, 1900, this accused ordered a squad of his command to kill these prisoners with bayo- nets at a preconcerted signal. His escort was so disposed in marching as to favor this purpose, and on reaching an isolated part of the road a corporal stepped in front of the victims, took of his hat, which was the signal agreed upon, whereupon the soldiers behind, with fixed bayonets, sprang forward and ran them through from the back. Private Husketh, not dying immediately, was shot with a rifie by order of and in presence of the accused. These cold-ljlooded murders were alike in violation of the laws of war and of peace, and no circumstance in mitigation appears of record. The sentence, approved by the department commander, is confirmed, and will be duly executed at Bangar, Province of Union, Luzon, P. I., on the thirteenth (13th) day of September, A. D., 1901, under the direction of the commanding general, department of Northern Luzon. III. — Patricio Zaydin, native. Charge. — "Murder, in violation of the laws of war." Specification 1. — "In this, that he, Patricio Zaydin, a leader of a band of guer- rillas operating in the southern part of Ilocos Sur, ha^'ing captured one 'Tad-Ing,' a peaceful inhabitant of Sigay, District of Amburayan, did order the said 'Tad-Ing' to be killed, which was done with a bolo held in the hands of one Esteban Fabro, acting under the direct orders of the said Patricio Zaydin." "This at or near the rancheria of Sigay, District of Amburayan, in territory occupied by United States forces, on or about January, 1901, in time of insurrection." Specifications. — "In this, that he, Patricio Zaydin, a leader of a band of armed guerrillas, operating in southern Ilocos Sur, after having captured a peaceful native of Salcedo, Teodorico Gusman, did direct the murder of the said Teodorico Gusman, which was done with bolos or other sharp instruments held in the hands of the said Patricio Zaydin and one Esteban Fabro, a member of the said band of guerillas." "This at or near the rancheria of Sigay, district of Amburayan, in territory occu- pied bv the United States forces, on or about Januarv, 1901, a time of insurrection." Plea.— "Not guihy." Finding. — Of the first specification, "guilty." Of the second specification, "guilty, except the words, 'with bolos or other sharp instruments held in the hands of the said Patricio Zaydin, and one,' substituting the words, 'with a bolo held in the hands of,' of the excepted words, not guilty, of the substituted words, guilty. ' ' Of the charge, ' ' guilty. ' ' Sentence. — And the commission does therefore sentence him, Patricio Zaydin, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case it appears that the accused, Patricio Zaydin, was a leader of a band of guerrillas operating in the southern district of Ilocos Sur, and as such seized, bound, and caused to be boloed to death an Ygorrote, "Tad-Ing," of Sigay, district of Amburayan, and a native of Salcedo, Teodorico Gusman, on the suspicion that they were spies of the Americans. No mitigating circumstances suggests modification of the sentence. The crimes were wantonly committed and the material elements to sustain the charge are admit- ted by the accused. The sentence, approved by the department commander, is confirmed and will be duly executed at Bangar, province of Union, Luzon, P. I., on the thirteenth (13th) day of September, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. Bv command of Major-General Chaffee: W. P. Hall, A ssistant A cljutant- General. Headquarters Division of the Philippines, Manila, P. I., August 17, 1901. General Orders, No. 222. Before a military commission which convened at Palanoc, island of Masbate, P. I., pursuant to paragraph 5, Special Orders, No. 11, Headquarters Department of South- ern Luzon, January 11, 1901, and of which Capt. Abner Pickering, Second L'nited States Infantry, was president, and Capt. Peter E. Marquart, Second United States Infantry, was judge-advocate, w^as arraigned and tried Pasquinto de Leon, native. CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 287 Charge I. — "Murder." Specification. — "In that he, Pasquinto de Leon, being ■employed as a scout by the commanding officer of the United States forces on the island of Masbate, P. I., did in time, then as now, of insurrection, proceed to the island of Magcaraguit and willfully, feloniously, and with malice aforethought murder and kill Jose Adorno, a native, by shooting the said Jose Adorno, inflicting wounds whereof the said Jose Adorno then and there died. This at the place above specified about December 15, 1900." Charge II. — "Relieving the enemy, in violation of the laws of war." Specifica- tion. — "In that he, Pasquinto de Leon, being employed as a scout by the command- ing officer of United States forces on island of Masbate, P. I., did, during December, 1900, or January, 1901, in time, then as now, of insurrection, at or near Uson, island of Masbate, P. I., a place then as now in territory occupied by the L^nited States troops, send to the enemy about three hundred (300) rounds of ball cartridges, caliber .30, for United States magazine rifle. This at the time and place above specified." Charge III. — "Communicating with enemy, in violation of the laws of war." Specification. — "In that he, Pasquinto de Leon, being emploj^ed as a scout by the commanding officer of LTnited States troops on island of Masbate, P. L, did, during December, 1900, and January and February, 1901, at a time, then as now, of insur- rection, give the enemy valuable information by having letters written to the leaders of the ladrones or insurgents. This at or near Uson, P. I., at time above specified." Plea. — To the specification, first charge, "not guilty." To the first charge, '^not guilty." To the specification, second charge, "guilty." To the second charge, "guiltv." To the specification, third charge, "guilty." To the third charge, ''guilty." Finding. — Of the specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the words and figures 'three hundred (300),' substituting therefor the words and figures 'thirteen (13),' and except the words and figures 'caliber .30 for United States magazine rifle,' substituting therefor the words 'for Mauser rifle,' of the excepted words and figures not guilty, and of the substituted words and figures guilty." Of the second charge, "guilty." Of the specification, third charge, "guilty." Of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, Pasquinto de Leon, native, " to be hung by the neck until dead, at such time and place as the reviewing authoirty may direct, two-thirds of the members of the commission concurring therein." In the foregoing case it appears that the accused, Pasquinto de Leon, while acting as a scout in the employ of the United States forces, shot and killed a native, Jose Adorno, no justification for his action appearing of record. It is also shown that accused aided and abetted the public enemy by sending its leaders a Mauser rifle and thirteen rounds of ammunition and letters containing valuable information as to the condition and movements of the American forces. The sentence, approved by the department commander, is confirmed, and will be duly executed at INIasbate, island of Masbate, on the 27th day of September, A. D. 1901, under the direction of the commanding general, Department of Southern Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. J., August 17, 1901. General Orders, No. 223. ^ Before a military commission which convened at the city of JNIanila, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 23, Headquarters Provost-Marshal- General (Separate Brigade, Provost Guard), January 30, 1901, and of which Maj. William H. Bishop, 36th Infantry, U. S. Volunteers, was president, and Capt. Warren H. Ickis, 36th Infantry, V. S. Volunteers, was judge-advocate, was arraigned and tried Nicolas Herrero, native. Charge. — "Murder." Specification. — "In that he, Nicolas Herrero, a native, on or about August 4, 1900, then, as now, a time of insurrection, at Manila, Luzon, P. I., a place then as now under the military government of the United States, did, willfully, feloniously, and with malice aforethought, kill and murder one Carlos G. de I^ara, a native and ex- policeman captain, by shooting him, the said Lara, with a revolver, inflicting wounds 238 CHARGES OF CRUELTY, ETC., TO FILIPINOS. therewith whereof he, the said Lara, died on or about the 5th day of August, 1900. This at the time and place above specified." Plea.— ''Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Nicolas Herrero, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Nicolas Herrero, native, the evidence shows beyond a reasonable doubt that the accused is guilty in the manner and form as charged, and it is believed that the ends of justice call for the execution of the sentence, which is confirmed. However, in accordance with the recommendation of the convening authority, the sentence is commuted to imprisonment at hard labor for the period of ten years. As thus comnmted the sentence will be duly executed at the Presidio de Manila, to which place the prisoner w^ill be sent under proper guard. By command of Major-General Chaffee: ^Y. P. Hall, Assistant Adjutant- GeneraL Headquartees Division of the Philippines, Manila, P. J,, August 19, 1901. General Orders, No. 224. Before a military commission which convened at Capas, province of Tarlac, Luzon, P. L, pursuant to paragraph 7, Special Orders, No. 79, Headquarters Department of Northern Luzon, March 22, 1901, and of which Maj. Robert K. Evans, 30th U. S. Infantry, was president, and First Lieut. Earle Edmundson, 33d Infantry, U. S. Volunteers, w^as judge-advocate, was arraigned and tried Felix Atienza, native. Charge I. — "Murder." Specification 1. — "In that he, Felix Atienza, native, on or about October 25, 1900, a time then as now of insurrection aga-inst the lawful authority of the United States, at or near the sitio of Sampaloc, barrio of Cutcut, pueblo of Capas, province of Tar- lac, Luzon, P. I., a place then as now under the military occupation and govern- ment of the United States, in company of and consorting with a band of armed outlaws to the number of ten (10), more or less, did, willfully, feloniously, and with malice aforethought, as a leader of said band of outlaws, order the killing and mur- dering of one Cirilio Lombay, native, and did cause him to be cut and slashed, by ordering Antonio Bautista and Valeriano Pangilenan, members of said band of out- laws, to cut and slash him, the said Cirilio Lombay, with bolos, held in the hands of said Antonio Bautista and Valeriano Pangilenan, and wherewith wounds were inflicted, by reason of which wounds he, the said Cirilio Lombay, then and there died. This at the time and place above specified." Specifications. — "In that he, Felix Atienza, native, during the month of Novem- ber, 1900, date unknown, a time then as now of insurrection against the lawful authority of the United States, at or near the sitio of Sampaloc, barrio of Cutcut, pueblo of Capas, province of Tarlac, Luzon, P. I. , a place then as now under the military occupation and government of the United States, in company of and con- sorting with a band of armed outlaws, to the number of twenty (20), more or less, did, willfully, feloniously, and with malice aforethought, as a leader of said band of armed outlaws, order the killing and murdering of Eusebio Ramos and Clesento Ramos, natives, by causing them, the said Eusebio Ramos and Clesento Ramos, to be cut and slashed, by ordering and forcing two (2) Igorrotes, names unknown, to cut and slash them, the said Eusebio Ramos and Clesento Ramos, with bolos, held in the hands of said two Igorrotes, and wherewith divers cuts and wounds were inflicted whereof they, the said Eusebio Ramos and Clesento Ramos, then and there died. This at the time and place above specified." Specifications. — "In that he, Felix Atienza, native, on or about the 31st day of October, 1900, a time then as now of insurrection against the lawful authority of the United States, at or near the sitio of Sampaloc, barrio of Cutcut, pueblo of Capas, province of Tarlac, Luzon, P. L, a place then as now under the military occupation and government of the United States, in company of and consorting with a band of armed outlaws to the number of fifteen (15), more or less, did, willfully, feloniously, and with malice aforethought, as a leader of said band of armed outlaws, order the killing and murdering of Manuel Dantes, native, by causing him, the said Manuel Dantes, to be shot, by ordering Jose Atienza, native, a member of said band of armed outlaws, to kill the said Manuel Dantes, and in consequence of this order said CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 23^ Manuel Dantes, native, was shot in the head with a revolver held in the hands of said Jose Atienza, whereof the said Manuel Dantes then and there died. "This at the time and place above specified." Charge II. — "Being a guerrilla." Specification. — "In that he, Felix Atienza, native, not being a member of any recognized military organization, but acting independently of the same, did, in combi- nation with sundry other persons, similarly acting, armed with guns, revolvers, and bolos, engage in guerrilla warfare, and in promotion of such warfare, did rob and terrorize the peaceful inhabitants of the pueblo of Capas and its barrios. This between October 1, 1901, and February 1, 1901, in the pueblo and barrios of Capas, province of Tarlac, Luzon, P. I." Plea.— "Not guilty." Finding. — Of the first specification, first charge, "guilty." Of the second specifi- cation, first charge, "guilty." Of the third specification, first charge, "guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the word 'rob,' and of the excepted word not guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Felix Atienza, native^ "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring in these findings and this sentence." In the foregoing case, it appears that this accused, Felix Atienza, native, was a leader of an armed band of outlaws, directing its operations, in violation of the laws of war, against the peaceful inhabitants of the pueblo of Capas; that he ordered and caused to be consummated the murder with bolos of an unarmed and bound native, Civilio Lombay, at the brink of a newl}' made grave near the sitio of Sampaloc, Tarlac, on the suspicion of the victim being a spy of the Americans; that, again, he similarly and for like motive, caused two Igorrotes to murder two natives, Eusebio Ramos and Clesento Eamos, and on another occasion he caused one Manuel Dantes to be bound, conveyed to the brink of a grave, and shot from behind by the brother of accused. The attempt to throw the responsibility of such barbarous crimes upon orders of a superior can not be recognized in law or justice, particularly so where no immedi- ate duress was exerted at the time and place of the perpetration of the crimes. The illegality of orders of this character is so patent as to charge the most meager intelli- gence with notice of their illegality. The sentence, approved by the department commander, is confirmed, and will be duly executed at the pueblo of Capas, Tarlac Province, Luzon, P. I., on the thir- teenth (13) day of September, A. D. 1901, under the direction of the commanding general. Department of Northern Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assistcmt Adjutant-GeneraL Headquarters Division, of the Philippines, Manila, P. /., August 19, 1901. General orders, No. 226. Before a military commission which convened at Concepcion, Province of Tarlac, Luzon, P. L, pursuant to paragraph 79, Headquarters Department of Northern Luzon, March 22, 1901, and of which Capt. Charles W. Abbot, jr., 12th U. S. Infantry, was president, and First Lieut. Earle Edmundson, 33d Infantry L^. S. Volunteers, was judge-advocate, were arraigned and tried Francisco Dizon, Gregorio Sampson, Pedro Layug, and Victorio ]Manalang, natives. Charge. — " Murder." Specification. — "In that they Francisco Dizon, Gregorio Sampson, Pedro Layug, A^ictorio Manalang, natives, and each of them, on or about the 16th of October, 1900, then as now a time of insurrection, at or near the bamo of Santa Cruz, pueblo of Concepcion, province of Tarlac, island of Luzon, P. I., a place, then, as now, within the theatre of active military operations, in company of and consorting with a band of armed outlaws, to the number of fifteen (15), more or less, names unknown, of which band said Francisco Dizon was in connnand, did each, willfully, feloniously, and with malice aforethought, kill and murder one Juan Rojas, native, by stabbing him, the said Juan Rojas, with a dagger held in the hand of a member of said armed band, acting under the direct orders of the said Francisco Dizon, inflicting wounds therewith, whereof the said Juan Rojas did then and there die." 240 CHARGES OF CRUELTY. ETC., TO FILIPINOS. Pleas.— "Not guilty.'" Findings. — Victorio Manalanor, "not guiltv." Francisco Dizon and Pedro Lavuor, *' guilty." ' ' ^ Sentence. — And the commission does, therefore, "aquit him, the said Victorio Mana- lang," and does sentence the said Pedro Dayug "to be conlined at hard lal)or, at such place as the reviewing authority may direct, lor the period of twenty years," and does sentence the said Francisco Dizon "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the com- mission herein concurring." In the foregoing case, it appears that accused, Francisco Dizon and Pedro Layug, in company of other armed outlaws, under the command of accused Francisco Dizon, and acting- under his direct orders, carried one Juan Rojas, suspected of being friendly to the Americans, to an isolated spot and there killed him with a dagger. Xo doubt as to the guilt of these two accused, as alleged, arises from the record, and the case as to accused Dixon presents no mitigating circumstance. In the case of accused Gregorio Sampson, a nolle prosequi was entered by authority of the department commander. The senrence, approved by the department commander, is confiiined, but in accord- ance with his recommendation in the case of Pedro Layug is commuted to imprison- ment at hard labor for the term of fifteen years. The Presidio de ^lanila is desig- nated as the place for the execution of his sentence, to which place this prisoner will be sent under proper guard. The sentence as to accused Francisco Dizan will be duly executed at the pueblo of San Isidrc.i, province of Xueva Ecija, Luzon, P. I., on the twentieth day of September, A. D. 1901, under the direction of the commanding-general, Department of Northern Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant-General. Headquarters Division of the Philippines, Manila, P. I., August 19, 1901. General Orders, No. 227. Before a military commission which convened at Concepcion, Province of Tarlac, Luzon, P. 1., pursuant to paragraph 7, Special Orders. Xo. 79, Headquarters Depart- ment of Northern Luzon, March 22. 1901, and of which Maj. Robert K. Evans, -30th L. S. Infantry, was president, and First Lieut. Earle Edmmidson, 33d Infantry, JI. S. Volunteers, was judge-advocate, were arraigned and tried Simplicio Alfonso and Juan de la Cruz, natives. Charge. — " Murder." Speatication. — "That Simplicio Alfonso and Juan de la Cruz, natives, and each of them, in company and command of and consorting with Agapito Guinto and others, to the number of twenty, armed insurgents, more or less, names unknown, did feloniously and with malice aforethought kill and murder one Esteban Carlos, native, by shooting him with a gun held in the hands of the said Agapito Guinto, inflicting a Avound therewith whereof the said Esteban Carlos then and there died. This in time, then as now, of insurrection, in the sitio of Tepangbuhe, pueblo of ConcefH cion, Tarlac, P. I., territory under military control of the Lnited States, about 6.30 p. m., on or about Januarv 4, 1901." Pleas.—" Not guilty. ' ' Findings. — ' ' Guilty. ' ' Sentence. — And the commission does therefore sentence them, Simplicio Alfonso and Juan de la Cruz, natives, and each of them, "to be hanged by the neck until dead, at such time and i^lace as the reviewing authority may direct, two-thirds of the commission concurring in this sentence." In the foregoing case it appears that these accused, Simj^licio Alfonso and Juan de la Cruz, were insurgent lieutenants at Tepangbuhe, Concepcion, Tarlac; the former the senior and the latter the junior, that both of these accused ordered their soldiers to capture and kill one Esteban Carlos, suspected to being a spy of the Americans, and such order was duly executed, the accused, Juan de la Cruz, being present at its consummation. As it is recommended by the department commander that the sentence in the case of Simplicio Alfonso be commuted to life imprisonment, clemency will akso be extended to his jmiior and subordinate, though coprincipal in the crime. The sentence is confirmed, but is commuted to imprisonment at hard labor for the CHARGES OF CRUELTY, ETC., TO FILIPINOS. 241 term of the natural life of each of them. As thus commuted the sentence will be duly executed at the Presidio de Manila, to which place the prisoners wnll be sent under proper guard. Bv command of Major-Ceneral Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, August 19, 1901. General Orders, Xo. 228. Before a military commission which convened at Lingayen, Pangasinan, P. I., pursuant to paragraph 7, Special Orders, No. 97, Headquarters Department of North- ern Luzon, April 9, 1901, and of which Maj. Daniel H. Brush, 25th U. S. Infantry, was president, and Second Lieut. John R. Thomas, jr., 17th U. S. Infantry, was judge-advocate, was arraigned and tried Juan Barcena, native. Charge I. — "Murder." Specification 1. — "In that he, Juan Barcena, native, in company with others, names unknown, did willfulh^ feloniously, and with malice aforethought kill and murder one Fito Balisalisa, native, by cutting and stabbing the said lito Balisalisa with bolos held in the hands of said Juan Barcena, and others, names unknown, inflicting wounds therewith whereof the said Fito BalisaUsa did then and there or presently after die. This at or near the barrio Balangbang, pueblo of Dasol, province of Zambales, Luzon, P. L, on or about the 10th day of April, 1900, then, as now", a time of insurrection, at a place then, as now, under the jurisdiction of the United States." , Specification ^. — "In that he, Juan Barcena, native, in company with others, names unknown, did willfully, feloniously, and with malice aforethought kill and murder one Pedro Arbilla, native, by shooting the said Pedro Arbilla with a rifle or rifles, held in the hands of the said Juan Barcena and others, names unknown, thereby inflicting wounds from which the said Pedro Arbilla did then and there or presently after die. This at or near the barrio Mabalita, pueblo of Dasol, pi^jvince of Zam- bales, Luzon, P. I., on or about the 25th day of April, 1900, then, as now, a time of insurrection, at a place then, as now, under the jurisdiction of the United States." Specification 3. — "In that he, Juan Barcena, native, did willfully, feloniously, and wdth malice aforethought kill and murder a minor child of Braulio Bustamente, native, by shooting the said minor child with a rifle, held in the hands of the said Juan Barcena, thereby inflicting wounds from which the said minor child did then and there or presently after die. This at or near the pueblo of San Isidro, prov- ince of Zambales, Luzon, P. I., some time during the month of September, 1900, then, as now, a time of insurrection, at a place then, as now, under the jurisdiction of the United States." Chan(;e II. — "Kidnaping." Specification. — "In that he, Juan Barcena, native, in company with others, names unknown, ten (10), more or less, in number, did feloniously and forcibly bodily seize and carry away from their homes and against their wills the following persons, to wit: Pedro Arbilla, Nicolas Arbilla, and Tomas Arbilla, all of them natives, and did forcibly and unlawfully hold the said Pedro Arbilla, Nicolas Arbilla, and Tomas Arbilla in captivity. This at or near the barrio of Mabalita, pueblo of Dasol, prov- ince of Zambales, Luzon, P. I., on or about the 25th day of April, 1900, then, as now, a time of insurrection, at a place then, as now, under the jurisdiction of the LTnited States." Charge III.—" Robbery." Specification. — "In that he, Juan Barcena, a native of the Philippine Islands, in company with others, names unknown, ten (10), more or less, in number, did felo- niously and forcibly take from the presence of the ovv-ner or custodian a (juantity of money, clothes, and other valuables, value -unknown, the property of Pedro Arbilla, a native. This at or near the barrio ^Mabalita, pueblo of Dasol, province of Zam- bales, Luzon, P. I., on or about the 25th day of April, 1900, then, as now, a time of insurrection, at a place then, as now, under the jurisdiction of the United States." Plea.— "Not guilty." Finding. — Of the first specification, flrst charge, "guilty," Of the second specifi- cation, first charge, "guilty." Of the third specification, first charge, "guilty, except of the words 'during the nionth of Se])tember,' substituting therefor the words 'on or about October 25,' of the excepted words not guilty, of the substituted word guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." S. Doc. 205, pt 2 16 242 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. Of the second charge, "guilty." Of the specification, third charge, "guilty." Of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, the said JuanBarcena, native, "to be hanged by the neck until dead at such time and place as the review- ing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case it appears that the accused, Juan Barcena, in company of an armed band of outlaws, at the places and on or about the times alleged, seized, iDOund, and murdered, with bolos, a native, Fito Balisalisa, suspected of friendliness to the Americans; that he and his band shot to death with rifles another native, Pedro Arbilla; and that he personally shot and killed with a rifle a child of one Braulio Bustamente, because the latter was unable to meet the demand of accused for a contribution of rice. xlccused is also shown to have been guilty of kidnaping and holding captive against their wills three natives of ^Nlabalita, Zambales, and of robbing Pedro Arbilla of money, clothes, and other valuables. The sentence, approved by the department commander, is confirmed and will be duly executed at the pueblo of Lingayen. province of Pangasinan, Luzon, P. I., on the 20th day of September, A. D., 1901, imder the direction of the commanding general. Department of Northern Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant-General. Headquaetees Division of the Philippines, Jlanila, P. I., August 22, 1901. General Orders, Xo. 233. Before a military commission which convened at Gerona. province of Tarlac, pur- suant to paragraph 7, Special Orders, Xo. 79, Headquarters Departuient of Xorthern Luzon, March 22. 1901, and of which Maj. Robert K. Evans, 30th U. S. Infantry, Avas president, and First Lieut. Earle Edmunson, 33d Infantry, L'. S. Volunteers, was judge-advocate, were arraigned and tried Tomas Bacolor, Enieterio del Rosario, and Andres Eebillido, natives. Charge. — "Murder." Specification. — "In that Tomas Bacolor, Emeterio del Rosario, and Andres Rebilli- do, natives, and each of them, at the barrio of San Andres, pueblo of Victoria, province of Tarlac, Luzon, in territory then, as now, occupied by U. S. troops, and at a time, then, as now, of insurrection against the lawful authority of the U. S., did willfully, feloniously, and with malice aforethought kill and murder three natives, Paulino Garcia, Louisa Pangilman, and one native boy, name unknown, by cutting the three said natives with bolos held in the hands of Tomas Bacolor, Emeterio del Rosario, and Andres Rebillido, inflicting wounds therewith whereof they, the said Paulino Garcia, Louisa Pangilinan and the native boy, name unknown, then and there died. This at the place above specified, during the month of September, 1900." Pleas. — "Xot guilt v." Findings.—" Guilty." And the commission does therefore sentence them, the said Tomas Bacolor, Eme- terio del Rosario, and Andres Rebillido, natives, and each of them, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring in this sentence." In the foregoing case it appears that these accused, Tomas Bacolor, Emeterio del Rosario, and Andres Rebillido, in the barrio of San Andres, pueblo of Victoria, Tarlac, about September, 1900, seized and conveyed to an isolated spot a native man, a woman, and a boy, and then and there murdered them with bolos, on the alleged suspicion that the victims were spies of the Americans. Xo doubt as to the full guilt of all these accused arises from the record, and the cruel and vicious murder of a defenseless man, helpless woman, and harmless boy can call for but one fitting penalty. The sentence, approved by the department commander, is confirmed and will be duly executed at the pueblo of Victoria, province of Tarlac, P. L, on the 20th day of Septemljer, A. D. 1901, imder the direction of the commanding general, department of Xorthern Luzon. Bv command of Major-General Chaffee: Vr. p. Hall, Assistant Adjutant- General. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 243 Headquarters Division of the Philippines. Manlhi, P. /., Augmt £2, 1901. General Orders. Xo. 234. Before a military commission which convened at San Fernando de la Union, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 158, Headquarters Department of Northern Luzon, Octoljer 3, 1900, and of which Lieut. Col. Samuel 31. Swigert, 13th L'. S. Cavalry, was president, and Maj. Charles F. Kieffer, surgeon, 4Sth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Florentino Garbo, native. Charge I. — '"Kidnaping, in violation of the laws of war." Sped ticnf ion. — ''In this that he Florentino Garbo, a native of Santa Cruz, Ilocos Sur, in company with three other natives, names unknown, did kidnap one Severino Orfiano from the house of one Agapito Jaena, a native, of the barrio of Amarao, with the intention of murdering the said Severino Orfiano, and that he the said Florentino Garbo, and his companions, names imknown, did forcibly and against his will keep said Severino Orfiano a prisoner for the space of a day and a night until the said murder could be consummated. This at or near the barrio of Quinsabungen, Santa Cruz, Ilocos Sur, Luzon, P. I., in territory occupied by the L". S. military forces, in or about the month of Xovember, 1900, a time of insurrection." Charge II. — '"Murder, in violation of the laAvs of war." Specification. — ""In this that he. Florentino Garbo, a native of Santa Cruz, Ilocos Sur, Luzon, P. I., having in company with others, names unknown, kidnaped one Severino Orfiano, a peaceful inhabitant of Balaoan, did murder the said Severino Orfiano, with a bolo held in his, the said Florentino Garbo' s, hands. This at or near Quinsabungen, Santa Cruz, Ilocos Sur, Luzon, P. I. , in territory occupied by the Y. S. militarv forces, in or about the month of November, 1900, a time of insurrection." Plea.—" Xot guilty. ' ' Finding. — Of the specification, first charge, "not guilty." Of the first charge, "not guilty." Of the specification, second charge, '"guilty, except the words 'hav- mg in company Avith others, names unknown, kidnaped one Severino Orfiano, a peaceful inhabitant of Balaoan' and also except the words 'the said,' of the excepted words "not guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, the said Florentino Garbo, native, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Florentino Garbo, native, it appears that the accused was an unuuiformed Ijoloman, as were the men of arms-bearing age generally in Santa Cruz; that he was under the command of insurgent officers whenever called by them from his usual peaceful occupations to assist in criminal depredations upon the com- munity. In this instance, the deceased was a very lame, man and had come from a neighboring barrio to that of Quinsabungen on a friendly visit. Here he was forci- bly seized in the house of his entertainers, accused of being a spy, and without hear- ing or form of trial, in open day and in the most public manner, hurried to the nearby forest and there killed and buried. Accused appears to have been selected as executioner by a lieutenant of insurgents, who was present and ordered the accused to commit diis crime. Although the weight of evidence favors the conclusion that the accused was a willing participant therein, and under the laws of war merits the extreme penalty, still, in view of the orders of his guerrilla chief and the recommendation of the department commander, the sentence here confirmed will be commuted to imprisonment at hard labor for the term of his natural life. As thus commuted the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. Bv command of ^Major-General Chaffee: W. P. PIall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., August 24, 1901. General Orders. !N^o. 238. Before a military commission which convened at San Fernando de la Union, Luzon, P. L, pursuant to paragraph 9, Special Orders, No. 143, Headquartei"S Depart- ment of Northern Luzon, May 25, 1901, and of which Lieut. Col. Samuel ]M. Swigert, 13th L'. S. Cavalry, was president, and Capt. Edward Sigerfoos, 5th U. S. Infantry, was judge-advocate, was arraigned and tried Francisco Peralta, a native. 244 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Chaege — " Murder, in violation of the laws of war." Specification J. — "In this that he, Francisco Peralta, a leader of a band of insur- gents, did willfulh', feloniously, and with malice aforethought order one Francisco Ominga, a member of his band, to kill IMariano Orfiano, a peaceful inhabitant of Balaoan, Fnion Province, which order was obeyed, and in consequence thereof the said Mariano Orfiano was killed and murdered by being struck with a bolo or other sharp instrument, held in the hands of the said Francisco Ominga, whereby wounds were inflicted whereof the said Mariano Orfiano then and there died. This at or near the rancheria of Quensabungan, Santa Cruz, within the theater of military operations on or about December, 1900, a time of insurrection." Specification 2. — "In that he, Francisco Peralta, a leader of a band of insurrectos, did willfully, feloniously, and with malice aforethought order one Florentino Garbo, a native, to kill one Severino Orfiano, a peaceful inhabitant of Balaoan, Union Province, which order was obeyed, and in consequence whereof the said Severino Orfiano was killed and murdered by being struck with a bolo or other sharp instru- ment held in the hands of the said Florentino Garbo, whereby wounds were inflicted whereof the said Severino Orfiano then and there died. This at or near Quensa- bungan, Santa Cruz, Uocos Sur, on or about November, 1900, within the theater of active military operations and in time of insurrection." Additional Charge. — "Murder." Specification. — "In that Francisco Peralta, native, in company of, and consorting with, a band of armed outlaws which he commanded, to wit: Agapito Suyat, Eusebio de Sesto, Francisco Ominga, Mariano Viloria, Pedro de Sesto, Fermin Directo, Vicente Baldonade, Valentin Orine, Ignacio Noses, Timoteo Viloria, Inocencia Obillo, Guillermo Lopez, Ysabelo de Sesto, and others, names unknown, all natives, on the night of May 5, 1900, in a time of insurrection, did enter the town of Bangar, Province of Union, P. I., a territory occujDied by the military forces of the United States, and seize the following persons, to wit: Rufo Patacsil, Pascual Argallo, Filo- meno Andrada, Marcos Blen, native scouts employed by the United States, and Cayetano Lamento, a native policeman of Bangar, and did then and there, willfully, feloniously, and with malice aforethought, murder and kill the said Rufo Patacsil, Pascual Argallo, Filomeno Andrada, Marcos Blen, and Cayetano Lamento, by caus- ing them to be shot to death with guns held in the hands of said band of outlaws. This at the place and date above specified." Plea. — To the first specification, "Guilty, excepting the words, 'willfully, felo- niously, and with malice aforethought,' to the excepted words, not guilty." To the second specification, "guilty, excepting the words, 'willfully, feloniously, and with malice aforethought,' to the excepted words, not guilty." To the charge, "not guilty." To the specification, additional charge, "guilty, excepting the words, ' willfully, feloniously, and with malice aforethought,' and the words, 'and murder,' to the excepted words, not guilty." To the additional charge, "not guilty." Finding. — Of the first specification, "guilty." Of the second specification, "guilty." Of the charge, "guilty." Of the specification, additional charge, "guilty." Of the additional charge, "guilty." Sentence. — And the commission does therefore sentence him, Francisco Peralta, native, "to be hung by the neck until dead at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case it appears that the accused, Francisco Peralta, was a leader of an armed band of men living within the lines of the United States forces. Wear- ing by day the ordinary native dress and seemingly following peaceful occupations, the band came together at night, or, in localities not immediately occupied by American troops, by day and night, for the purpose chiefl}^, it appears, of summarily killing those of their neighbors who were friendly to the American Government. The accused upon the witness stand admitted all the material facts establishing his criminal responsibility for the murder of seven men in the manner and form as charged. His defense was that he did this in compliance with the general orders of his sujjeriors that all spies should suffer death. Yet the murdered men were not spies. When seized they were peacefully living at their homes. A spy is a person who enters the lines of an army in disguise. "Concealment or disguise and the employment of false pretenses are essential elements of the crime of being a spy." Again, "spies who are captured after having successful!}' returned to the lines of the army which employs them shall not be liable to trial and punishment for offenses committed prior to such successful return." Such are the necessary, yet so far as maj^ be humane and just, provisions of the laws of war. The controlling motive actuating the accused appears by his testimony to have CHARGES OF CRUELTY, ETC., TO FILIPINOS. 245 been his conception that all natives friendly to the Americans were traitors, but in one instance a personal grievance is disclosed. Quoting his own testimony, his vic- tim, it appears, had acted as guide to "the American troops and scouts, who seized all my cattle and horses, and he knev\- where they were." So, too, out of his own mouth he condemned himself and his followers as acting the part of perpetual spies upon the American troops. Speaking of his soldiers, he testified: "In the nighttime they stayed in the cuartel, but in the daytime they used to take walks everywhere in civilian dress. INIy soldiers all had cedulas from the American Government, and the places the Americans occupied were occupied by us, too, for they furnished us food and obeyed our orders. The reason the Ameri- cans could never catch the insurgents was because they always went in civilian dress." Here are all the elements necessary to constitute a spy of the most dangerous kind. Insurgent soldiers in ordinary citizens' dress lurked about and among the American garrisons. With deceptive cunning they o]:)tained cedulas from the American author- ities, and while abiding their chance to surprise and assail American troops or assas- sinate their neighbors who were friendly to those troops, pretended to he peaceful neighbors and good 'friends. What is true of the locality of these crimes is known to be true everywhere throughout all the provinces that have joined the insurrec- tion. But when a whole ])eople deliberately adopts a method of waging war contrary to the recognized laws of war, those laws, following the enlightened and humane sentiments of the most civilized nations, do not sanction that a sentence of extermi- nation shall issue against a vrhole people. Hence, in confirming the sentence in this case, the general commanding is not moved by any consideration of the fact that the accused and his followers are shown to have been spies and therefore under ordinary conditions, snl)ject to the penalty of death, but is guided solely by the fact that the accused is beyond all doubt guilty of personally directing and, in his presence, caus- ing the wanton murder of men living in the peace of the Government of the United States. The sentence, approved by the department commander, will be dulj^ executed at the pueblo of Bangar, province of Union, Luzon, P. I., on the 11th day of October, A. D. 1901, under the direction of the commanding general, Department of Xortheru Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant-General. Headquarters Division of the Philippines, Manila, P. I., August 29, 1901. General Orders, Xo. 241. Before a military commission which convened at Manila, P. I., pursuant to para- graph 4, Special Orders, No. 23, Headquarters Provost-Marshal-General (Separate Brigade, Provost Guard), January 30, 1901, and of which Maj. AVilliam H. Bishop, 36th Infantry, U. S. Volunteers, was president and Capt. AVarren H. Ickis, 36th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried: I. Julian Pioquinto, a native. Charge. — "Murder." Specijiration. — "In that said Julian Pioquinto, a native, on or about Septemljer 29, 1900, then as now a time of insurrection, at the city of ]NIanila, P. I., a place then as now under the military government of the United States, did Avillfully, feloniously, and with malice aforethought kill and murder one Ong Shung, a Chinaman, by stabbing him, the said Ong Shung, with a knife in the hands of him, the said Julian Pioquinto, then and there had and held, inflicting thereby wounds whereof he, the said Ong Shung, then and there died. This at the time and place above specified." Plea.— "Not guilt V." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, the said Julian Pio- quinto, native, "to be confined at hard labor, at such place as the reviewing authority may direct, for twenty-five (25) years." In the foregoing case of Julian Pioquinto, native, it appears by the testimony of a single witness that the accused at nighttime sprang upon the deceased as he was taking his seat in a quilez beside the witness and inflicted blows with a knife, from which deceased soon bled to death. The witness did not call the police nor make known the crime to the authorities, and his unsupported and contradictory state- ments are not deemed worthy of credence. The sentence is disapproved and the prisoner will be set at libertv". 246 CHAKGES OF CRUELTy. ETC., TO FILIPI^S^OS. II. Juan Tagal. alias Juan Tagalo, alias Juan Tagalog, native. Charge I. — ''Murder.'' Spedticatioii. — "In that he, Juan Tagal, alias Juan Tagalo, alias Juan Tagalog, na- tive, on or about the 4th day of December, 1900, a time then as now of insurrection against the military authority of the I'nited States, at Manila, Luzon. P. I., a place then as now occupied by the troops of the United States, did willfully, feloniously, and with malice aforethought kill and murder one Basilio Alvarez, a native, by striking him, the said Basilio Alvarez, with a dangerous weapon, the description of which weapon is unknown, then and there had and held in the hands of the said Juan Tagal, alias Juan Tagalo, alias Tagalog. inflicting wounds therewith upon the person of the said Basilio Alvarez, whereof he, the said Alvarez, then and there died." Charge II. — "Assault with intent to kill." Specifieatum. — "In that he. Juan Tagal, alias Juan Tagalo. alias Juan Tagalog, na- tive, on or about the -tth day of December, 1900. a time then as now of insurrection against the lawful military authority of the United States, at Manila. Luzon, P. I., a place then as now occupied by the troops of the United States, did willfully, feloni- ously, and with malice aforethought make an assault on Arcadio Semelio and Hugo Alejandro, natives, and each of them, with a dangerous weapon, the description of which weapon is unknown, then and there had and held in the hand of the said Juan Tagal. alias Juan Tagalo, alias Juan Tagalog, with the intent then and there willfully, feloniously, and with mahce aforethought to kill and murder them, the said Arcadio Semelio and Hugo Alejandro, and each of them."" Plea. — "Xot guilty.'" FI^'DI^'G.^ — ■■ Guilty."" Sente>xe. — Aiid the commission does therefore sentence him, the said Juan Tagal, alias Juan Tagalo, alias Juan Tagalog, a native, "to be confined at hard labor at such place as the reviewing authority may direct for twenty (20) years." In the foregoing case it appears that the accused, Juan Tagal, alias Juan Tagalo, alias Juan Tagalog, was in temporary charge of the steam launch MUeii, at the time moored to the river bank near the custom-house in Manila: that on or about 10 o'clock at night three sailors came aboard the MUry from the steam launch Bralnard, lying a few yards above the MUey. for the purpose of gambling. A game was accordingly commenced, when the accused ordered the participants to cease playing, sa^"ing it was against the rules for persons to gamble on his boat, and later blew out a light to make more effective his orders. The visitors then left the MUey. but in going mani- fested anger, and, from the bank, against which the JlHey lay, one of them challenged the accused to fight. The accused accepted the challenge, and going on shore, a fight ensued in which five or six persons participated and the accused and three others were severely wounded, one being fatally wounded and dying from the effects of a knife wound in the abdomen. During the fray the accused had possession of an iron bar, about IS inches in length, with "v\:hich he pursued the sailors from the Brainard to the two lorchas lying beside and between her and the river bank. The fight continued on these lorchas until after the lapse of some minutes, when the near-by American military guard arrested the participants. In forbidding the men who had come aboard the Miley to gamble, the accused acted within his lawful right and duty, but in following these men on shore with a deadly instrument he assumed the part of a criminal. The men from the Brainard had. however, employed insulting and anger-provoking words toward the accused, which led him to assail them, and in the fight blows were given and received which resulted in the death of the deceased, and, as stated, the serious wounding of the accused. It would be wresting the law from its true meaning to hold that the killing of deceased v>-as done with premeditation and malice afore- thought, elements necessary to clearly establish the crime ot murder, and hence the finding upon that charge is disapproved. The finding upon the second charge is approved, the sentence is confirmed, but is commuted to imprisonment at hard labor for the term of ten (10) years. As thus commuted the sentence will be duly executed at the Presidio de ^Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, ManUa, P. /., August 30, 1901. General Orders, Xo. 213. Before a military commission which convened at Manila. Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 23, Headquarters Provost-Marshal-General (Separate Brigade, Provost Guard), January 30, 1901, and of which Maj. William H. Bishop, CHAEGES OF CEUELTf, ETC., TO FILIPIKOS. 247 Thirty-sixth Infantry, United States Yohmteers, was president, and Capt. Warreii H. Ickis, Thirty-sixth Infantry, United States Volunteers, was judge-advocate, was arraigned and tried Aniceto de Leon, a native. Chaege I. — "Abduction." * ^ * Specification. — "In that Aniceto de Leon, a native, together with Antonio Olivas and sundry other persons whose names are unknown, natives, on or about the 16th day of December, 1900, a time, then as now, of insurrection against the United States, at Manila, P. I., a place, then as now, under the military authority of the United States, one Antanacia San Juan, a female, aged about eighteen (18) years, against her will, with unchaste designs, feloniously and forcibly did seize, take, and carry away, for the purpose of having carnal knowledge of her, the said Antanacia San Juan, against the peace and dignity of the state." Charge II. — " Rape." Specification 1. — "In that Aniceto de Leon, a native, on the 16th day of December, 1900, a time, then as now, of insurrection against the United States, at Manila, P. I., a place, then as now, under the military authority of the United States, in and upon one Antanacia San Juan, violently and feloniously did make and assault, then and there, and against her will did ravish and carnally know, against the peace and dignity of the state." (Specifications 2 to 15, inclusive, are of the same tenor as the one last quoted.) Plea.— "Not guilty." Finding.— "Guilty." Sentence.— And the commission does therefore sentence him, Aniceto de Leon, native, " to be confined at hard labor, at such place as the reviewing authority may direct, for twenty ( 20 ) years. ' ' In the foregoing case of Aniceto de Leon, native, the prosecution has failed to establish by the evidence the guilt of the accused beyond a reasonable doubt. The finding and sentence are therefore disapproved, and the prisoner will be set at liberty. Bv command of Major-General Chaffee: W. P. Hall, AssistaiU Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., August 30, 1901. General Orders, No. 244. Before a military commission which convened at Lingayen, Pangasinan, P. I., pursuant to paragraph 7, Special Orders, No. 97, headquarters Department of North- ern Luzon, April' 9, 1901, and of which Maj. Daniel H. Brush, Twenty-fifth U. S. Infantry, was president, and Second Lieut. John P. Thomas, jr.. Seventeenth U. S. Infantry, was judge-advocate, were arraigned and tried: Deogracias Doriaand Roque Doria, natives. Charge I. — "Kidnapping." Specification. — "In that on or about the 15th day of November, 1899, then, as now, a time of insurrection, at or near the barrio of San Carlos, puel)lo of San Carlos, Province of Pangasinan, island of Luzon, Philippine Islands, a place then, as now, in the theater of active military operations, Deogracias Doria and Roque Doria, natives, and each of them, in company of and consorting with a band of outlaws armed with rifles and bolos, the said band consisting of eighteen (18) men, more or less, did forcibly and feloniously seize Marcello Fernandez, Domingo Fernandez, Andres Doria and Alejandro Navarro, policemen from the pueblo of Aguilar, in the said Province of Pangasinan and did then and there bind tlie four aforesaid police- men, blindfold them, and take them forcibly and against their wills, and against the will of each of them, to a point in or near the said barrio of San Carlos, on the bank of the River Agno. This at the time and place above specified." Charge IL— " Murder. ' ' Specification. — "In that on or about the 15th day of November, 1899, then, as now, a time of insurrection, at or near the barrio of San Carlos, pueblo of San Carlos, Province of Pangasinan, island of Luzon, Philippine Islands, a place then, as now, in the theater of active military operations, Deogracias Doria and Roque Doria, natives, and each of them, in company of, and consorting with, a band of outlaws armed with rifles and bolos, the said band consisting of eighteen (18) men, more or less, did, acting in concert with the said band of outlaws, wilfully, feloniously, and with malice aforethought, kill and murder Domingo Fernandez, Andres Doria, and Alejandro Navarro, policemen of the pueblo of Aguilar, in the said Province of Pan- gasinan, by shooting them with rifles and cutting them with bolos held in the hands 248 CHARGES OF CRUELTY. ETC., TO FILIPIT^OS. of the said Deogracias Doria, Roque Doria, and other members of the said band of outhiws, inflicting wonnds therewith, whereof the said Domingo Fernandez, Andres Doria, Alejandro Xavarro, then and there died; the said band of outlaws having first seized, bound, and lilindfolded the three aforesaid policemen and taken them by force from a house in or near the said barrio of San Carlos, to a point in or near the said barrio on the bank of the River Agno and there, after murdering the three afore- said policemen, as aforementioned, threw their bodies into the said River Agno. This at the time and place alcove specified." Charge III.— '"Assault with intent to kill." Specification. — " In that on or about the 15th day of November, 1899, then, as now, a time of insurrection, at or near the barrio of San Carlos, pueblo of San Carlos, Province of Pangasinan, island of Luzon. Philippine Islands, a place then, as now, in the theater of active operations, Deogracias Doria and Roque Doria, natives, and each of them, in company of and consorting with, a band of outlaws, armed with rifles and bolos, the said band consisting of eighteen (18) men, more or less, did, each and both of them, acting in concert with the said band of outlaws, wilfully and feloniously and with malice aforethought attempt to kill and murder one Marcello Fernandez, native, a policeman of the pueblo of Aguilar, in the said Province of Pan- gasinan, by shooting at him with rifles and cutting him severely with a bolo or other sharp instrument held in the hands of the said Deogracias Doria, Roque Doria, and other members of the said band of outlaws, the said band of outlaws, having first seized, bound, and blindfolded the aforesaid ^larcello Fernandez, and taken him by force from the house in or near the said barrio of San Carlos, to a point in or near the said barrio, on the bank of the River Agno, and thereafter inflicting on the per- son of the said Marcello Fernandez a severe wound, as aforesaid, did throw him into the said River Agno, with the intention of making sure of the death of the said Marcello Fernandez. This at the time and j^lace above specified." Pleas.— "Not guilty." Findings. — Of the specification, first charge, ''guilty, except of the words 'San Carlos,' substituting therefor the word 'Matabuey,' and except of the words 'San Carlos' whenever they appear again in the specification, substituting therefor in each case the word 'Aguilar,' and except of the word 'Agno,' substituting therefor the word 'Matabuey,' of the excepted words not guilty, of the substituted words guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the words 'San Carlos,' substituting therefor the word 'Matal)uey,' and except of the words 'San Carlos' whenever they occur again in the specification, substituting therefor in each case the word 'Aguilar,' and except of the word 'Agno,' substituting therefor the word 'Matabuey,' of the excejDted words not guilty, of the substituted w*ords guilty." Of the second charge, "guilty." Of the specification, third charge, *' guilty, except of the words 'San Carlos,' substituting therefor the word 'Matabuey,' and except of the words 'San Carlos,' whenever they occur again in the specification, substituting therefor, in each case, the word 'Aguilar,' and except of the word 'Agno,' substituting the word 'Matabuey,' of the excepted words not guilty, of the substituted words guilty." Of the third charge, '"guilty." Sentence. — And the commission does therefor sentence them. Deogracias Doria and Roque Doria, natives, and each of them, "to be confined at hard labor at such place as the reviewing authority may direct for the term of their natural lives." In the foregoing case it appears that these accused, Deogracias Doria and Roque Doria, in company of an armed band of outlaws, seized, bound, and conveyed to an isolated spot on the banks of the Matabuey River, four native policemen, three of whom they shot and boloed to death and threw into the river. The fourth was boloed, but not fatally, and also thrown into the river. Subsecjuently he escaped and appears as a witness herein for the prosecution. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which j)lace the prisoners will be sent under proper guard. Bv command of Major-General Chaffee: AV. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. /., August 30, 1901. General Orders, Xo. 245. Before a military commission which convened at the city of Manila. P. I., pursu- ant to paragraph 4, Special Orders, Xo. 23, Headquarters Provost-Marshal-General (Separate Brigade, Provost Guard) , January 30, 1901, and of^ which Major Wilham CHARGES OF CRUELTY, ETC. . TO FILIPINOS. 249 H. Bishop, Thirty-sixth Infantry, United States Volunteers, was president and Cap- tain AVarren H. Ickis, Thirty-sixth Infantry, United States Volunteers, was judge- advocate, was arraigned and tried Servando de la Cruz, a native. Charge. — ' " Murder, ' ' Specification. — "In that they, Servando de la Cruz and Raymundo Borje, alias Domingo Ba ije, natives, on or about the 31st day of January, 1901, a time then as now ofiusurreetion against the United States, at Manila, Luzon, P. I., a place then as now under the military authority of the United States, did feloniously and of their malice aforethought, and of the malice aforethought of each of them, together with one Tomas Leda, make an assault on one Francisco Manuel, and M'ith certain knives and daggers, one of which each the said Servando de la Cruz, Raymundo Borje, alias Domingo Bauje and Tomas Leda then and there had and held in his hand, and did feloniously and of their malice aforethought, and of the malice aforethought of each of them, strike, stab, thrust, cut at, upon and into the .said Francisco Manuel, inflicting on the said Francisco Manuel, in the abdomen of the said Francisco INIanuei one mortal wound, of which said mortal wound the said Francisco Manuel thence continually languished until about one hour thereafter, on the 31st day of January, 1901, he there died; against the peace and dignity of the State." Plea.— " Xot guilty." FiXDixG. — " Guilty." Sentexce. — And the commission does therefore sentence him, Servando de la Cruz, a native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." In the foregoing case it appears that this accused. Servando de la Cruz, in com- pany of two companions (one since deceased and the other not apprehended) , on or about January 31, 1901, at Manila, P. I., repaired to the house of deceased, Francisco Manuel, and forcibly seized his sister-in-law, with the presumptive inten- tion of abducting her. Her cries for assistance brought deceased, his wife and brother-in-law to the rescue, and in the fracas which followed, deceased was mortally stabbed with a dagger and his wife and brother-in-law seriously wounded. Four eye-witnesses testify that the accused struck the fatal blow, but even if this were not so, his connection with the perpetrators of the crime, comlnned together for the commission of the felony would, in law, constitute accused a principal in any crime incidental to the common felonious purpose. The sentence, approved by the convening authority, is confirmed, but in accord- ance with his recommendation, is commuted to imprisonment at hard labor for the term of the natural life of the accused, Servando de la Cruz. The Presidio de Manila is designated as the place of execution of this sentence, to which prison Ser- vando de la Cruz will be sent under proper guard. Bv command of Major-General Chaffee: AV. P. Hall, Assistant Adjutant-General. HEAIXiUARTERS DlVISIOX OF THE PhILIPPIXES, Manila. P. I., September:?, 1901. General Orders, Xo. 246. Before a military commission, which convened at San Fernando de la Union, pur- suant to parai^raph 9, Special Orders, Xo. 143, Headquarters Department of Northern Luzon, !May 25, 1901, and of which Lieut. Col. Samuel M. Swigert, Thirteenth United States Cavalry, was president, and Capt. Edward Sigerfoos, Fifth United States Infantry, was judge-advocate, was arraigned and tried Aniceta Angeles, a native. Cn.ARGE. — "Murder, in violation of the laws of war." Specification. — "In this that he, Aniceta Angeles, leader of a band of insurrectos in the province of Union, did willfully, feloniously, and with malice aforethought order and direct one Canuto Basa, a soldier of his band, to kill and munler Faustino Ressurrecion, a peaceful native of Xamacpacan, L'nion Province, which order was obeyed, and in consequence thereof the said Faustino Ressurrecion was killed by a bayonet thrust, the bayonet being held in the hands of the said Canuto Basa, whereby wounds were inflicted whereof the said Ressurrecion then and there died. This at or near Cagoonan, a rancheria of Alilem, territory in the active theater of military ojjerations, in the month of February, 1900, a time of insurrection," Plea. — To the specification, "guilty, excepting the words 'willfully, feloniously, and with malice aforethought,' and the words 'and murder,' to the excepted words not guilty." To the charge, " not guilty." 250 CHAKGES OF CEUELTY, ETC., TO FILIPINOS. Findinct. — ''Guilty." Sentence. — And the commission does therefore sentence him, Aniceta Angeles, native, "to be bung by the neck mitil he is dead, at such time and place as the reviewing authority' may direct, two-thirds of the members of the commission con- curring therein." In the foregoing case it appears that this accused, Aniceta Angeles, native, a leader of a band of insurgents, ordered and caused to be murdered with bayonets one Faus- tino Ressurrecion, a peaceful native of Xamacpacan, l^nion Province, on the alleged suspicion that the victim acted as a spy of the Americans. No reasonable doubt as to the guilt of accused arises from the record, and his own admissions on the stand fully establish his criminal responsibility for the deed charged. The victim was in no sense a spy, was kidnaped within the American lines, and murdered without a trial or hearing. The sentence, approved by the department commander, is confirmed, and will be duly executed at Bangar, province of Union, Luzon, P. L, on the 18th day of Octo- ber, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. By connnand of ^Major-General Chaffee: W. P. Hall, J Rsistant Adjutant- General. Headquaetees Division of the Philippines, Manila, P. I., September 2, 1901. General Orders, Xo. 247. Before a military commission, which convened at San Fernando de la Union, P. L, pursuant to paragraph 9, Special Orders, Xo. 143, Headquarters Department of Xorthern Luzon. June 15, 1901, and of which Lieut. Col. Samuel M. Swigert, Thir- teenth United States Cavalry, was president, and Capt. Edward Sigerfoos, Fifth United States Infantry, was judge-advocate, were arraigned and tried Tomas Torres, Fermin Directo, Timoteo Viloria, natives. Chaege. — "Murder. ' ' Specification. — "In that Tomas Torres, Fermin Directo, Timoteo Viloria, all natives, and each of them did willfully, feloniously, and with malice aforethought kill and murder one Mariano Peraita, native, by cutting the throat of the said ?.Iariano Peralta with a knife or other sharp instrument in the hands of the said Torres, Directo, and Yiloria, inflicting wounds from which the said Mariano Peralta did then and there die. This on or about the 14th day of May, 1900, in a time of insurrec- tion and in a place occupied by the military forces of the United States, viz, in the barrio of Pacpaco, pueblo of Balaoan, province of Union, P. I." Plea.— "Xot guilty." Findings. — Timoteo Yiloria, "not guilty." Tomas Torres and Fermin Directo, of the specification, "guilty, except the words, 'Timoteo Yiloria, Directo, and Yiloria,' of the excepted words, not guilty." Of the charge, "guilty." Sentence.— And the commission does therefore acquit Timoteo A^iloria, and sentence Tomas Torres and Fermin Directo and each of them, "to be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case it appears that Tomas Torres and Fermin Directo, two of the accused, in company of other armed outlaws, sequestrated and conveyed to an isolated spot one Mariano Peralta, who was friendly to the Americans. There the victim was murdered by a blow in the head with a palina brava club and his throat cut with a knife, both of the said accused participating in the consummation of the crime. The accused Timoteo Yiloria is not shown to have been connected with the crime. The sentence against accused, Tomas Torres and Fermin Directo, approved by the department commander, is confirmed, and will be duly executed as against each of them at Bangar, province of L^nion, Luzon, P. I., on the 18th day of October, A. D. 1901, under the direction of the commanding general. Department of Xorthern Luzon. By connnand of Major-General Chaffee : W. P. Hall, ' A ssistant A djutant- General. CHAEGES OF CRUELTY, ETC. , TO FILIPIITOS. 251 Headquartees Division of the Philippines, Manila, P. I. , September 2, 1901. General Orders, No. 248. • Before a military commission which convened at Manila, P. I., pursuant to para- graph 8, Special Orders, Xo. 170, Headquarters Department of Southern Luzon, June 19, 1901, and of which Lieut. Col. Allen Smith, First United States Cavalry, was president and Capt. Palmer E. Pierce, Thirteenth United States Infantry, was judge- advocate, was arraigned and tried: Perfect© Flores, a native. Charge I. — "Murder." Specification. — "In that a band of outlaws, of the number of ten (10) , more or less, whose names are unknown, at or near Pasay, Luzon, P. I., a place then, as now, under the military government of the LTnited States, on or about the 3d day of Octobor, 1900, a time then, as now, of insurrection against the United States, did wilfully, felonioush^ and with malice aforethought, kill and murder one 'Marcelo Bias, a native, by striking him, the said Marcelo Bias, with dangerous, sharp-edged weapons, the exact description of which are unknown, then and there had and held in the hands of the members of the said band, inflicting wounds therewith on the person of the said Marcelo Bias, whereof he, the said Marcelo Bias, then and there died; and that he, Perfecto Flores, a native, then and thereat the commission of the said felony, feloniously was present aiding and abetting the said band of armed out- laws to do and commit the felony and murder aforesaid." Charge IL — " Kidnapping. ' ' Specification. — "In that he, Perfecto Flores, a native, at or near Pasay, Luzon, P. I., a place then, as now, under the military government of the United States, on or about the 3d day of October, 1900, a time then, as now, of insurrection against the United States, in company and consorting with a band of armed outlaws, to the num- ber of ten (10), more or less, vvhose names are unknown, did forcibly and feloniously seize, bind, and carry away, against his will, one Domingo Tancio, a native." Charge III. — -"Guerrilla warfare in violation of the laws of war." Specification. — " In that he, Perfecto Flores, a native, at or near Pasay, Luzon, P. I., a place then, as now, under the military government of the United States, at various times during the year 1900, a time and times, then as now, of insurrection against the United States, ununiformed and in company and consorting with a band of armed, ununiformed outlaws, to the number of ten (10), more or less, whos? names are unknown, did resist and defy the lawful authority of the United States and engage in expeditions dii'ected against the said authority and against peaceful natives, friendly to the L^nited States; on one of said expeditions, on or about the 3d day of October, 1900, one such friendly native, ]Marcelo Bias, was killed and murdered, and another such friendly native, Domingo Tancio, was seized, bound, and carried away against his will bv the said band." Plea.— "Xot guiltv." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Perfecto Flores, native, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Perfecto Flores, native, it appears by the evidence that the accused was one of a band of men wearing ordinary dress, who lay in wait for the two tailors who were working for the soldiers of Pasay Cavalry Barracks, and seizing them as they were going home in the evening from their day's work, killed deceased and took the other, Domingo Tancio, captive, in the manner and form as charged. It also appears from the documentary evidence filed in the case that these crimes were committed in compliance with orders received from insurgent chiefs. The sole case of offense appears to have grown out of the fact that tlieir victims were earning a livelihood by taking service as tailors for the American soldiers. The wanton killing of a peaceful man the dullest intelligence can comprehend is not war, but must in truth be characterized as the most cowardly form of murder. Such murder dis- graces any cause in the name of which it is done, and marks all who engage in it, from the chief giving the order to the follower who executes it, as assassins, danger- ous to friend and foe alike, and rightly classes them under the laws of war as enemies of mankind. Upon all such offenders the best good of humanity demands that the law shall take its course. The sentence, approved by the department commander, is confirmed and will be duly executed at the city of ^Manila, Luzon, P. I., on the twenty-seventh (27th) day of September, A. D. 1901, under the direction of the commanding officer, post of Manila. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. 252 CHAEGES OF CEUELTY, ETC., TO FILIPINOS. Headquarters Division of the Philippines, Manila, P. L, September 2, 1901. General Orders, No. 249. Before a military commission which convened at the pueblo of Tayabas, province of Tayabas, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 58, Head- quarters Department of Southern Luzon, February 27, 1901, and of which Capt. Lawrence J. Hearn, Twenty-first United States Infantry, was president, and Second Lieut. Edwin A. Hickman, First United States Cavalry, was judge-advocate, were arraigned and tried Leoncio l^lacalaguin, Leoncio Tabordan, Ananias Avillanosa, Pascual Tabordan, and Laureano Palmadres, natives. Charge. — ' ' Murder. ' ' Specification. — "In that they, Leoncio Macalaguin, Leoncio Ta])ordan, Ananias Abillanosa, Pascual Tabordan, and Laureano Palmadres, natives, and each of them, on or about the 8th day of February, 1901, then, as now, a time of insurrection, at or near the barrio of Bocal of the pueblo of Tayabas, Tayabas Province, P. I. , a place then as now within the theater of active military operations by United States forces, in company with other armed outlaws, did each willfully, feloniously, and with malice aforethought, torture with the extreme cruelty by burning one Tomas Ragudo, for the purpose of robbery, in the house of the said Tomas Pagudo, so that the said Tomas Ragudo died from the effects of said burning, after suffering and lingering until the night of Februarv 13, 1901. This at the time and place above specified." Pleas.— "Not guilty." ^ Findings. — Leoncio Macalaguin and Leoncio Tabordan, "guilty." Ananias Abil- lanosa, Pascual Tabordan, and Laureano Palmadres, of the specification, "guilty, except the word ' burning,' but guilty of being accessory to the fact; of the excepted word, not guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Leoncio Tabordan and Leoncio Macalaguin, natives, and each of them, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two- thirds of the members concurring in this sentence." Ananias Abillanosa, Pascual Tabordan, and Laureano Palmadres, natives, and each of them, " to be confined at hard labor, at such place as the reviewing authority may direct, for the remainder of his natural life." In the foregoing case it appears that these accused, Leoncio Macalaguin, Leoncio Tabordan, Ananias Abillanosa, Pascual Tabordan, and Laureano Palmadres, natives, in company of an armed band of robbers, entered the house of one Tomas Ragudo, first siezed, bound, and hung up by a rope his son, then finding the father and mother, tied their elbows behind their backs and hung them to a rafter in their house. They then demanded money from Tomas Ragudo, and unsatisfied with the amount he yielded up, proceeded to wrap rags saturated with oil about his feet and legs and set them afire. From a half hour to two hours the torture was continued, accompanied with blows from butts of rifles, flats of bolos, and fists, and the young daughter of the victim was struck down by a blow from a bolo over the head. For five days the victim lingered in agony from the effects of his burns and then died. It is difficult to believe that human depravity and degeneracy can sink to such depths as shown in this fiendish deed, and still more difficult to find a reason for dis- crimination of sentence l^etween any of these accused. The sentence is confirmed and will be duly executed in the cases of accused, Leoncio Macalaguin and Leoncio Tabordan, at Lucena, province of Tayabas, Luzon, P. L, on the eleventh (11th) day of October, A. D. 1901, under the direction of the commanding general. Department of Southern Luzon. In the cases of these accused Ananias Abillanosa, Pascual Tabordan, and Laureano Palmadres, their sentence will be duly executed at the presidio de Manila, to which place they will be sent under proper guard. Bv command of Major-General Chaffee. ^y. p. Hall, A ss istant A djuta i it- General. Headquarters Division of the Philippines, Manila, P. I., September 5, 1901. General Orders, No. 250. I. Before a military commission which convened at Bautista, province of Panga- sinan, Luzon, P. L, pursuant to paragraph 10, Special Orders, No. 34, Headquarters Department of Northern Luzon, February 5, 1901, and of which Capt. John H. H. Peshine, 13th U S. Infantry, was president, and Second Lieut. Sylvester Bonnaffon, CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 253 13th U. S. Infantry, was judge-advocate, were arraigned and tried Matias Alipio and Matias Cagampan, natives. Chaege. — " Murder. ' ' Specification. — "In that they, Matias Ahpio and Matias Cagampan, natives, and each of them, on or about January 4, 1900, a time, then as now, of insurrection against the United States, at or near the barrio of Bulanci, of the pueblo of Manga- tarem, Pangasinan, Luzon, P. I., a place then as now, within the theater of military operations of the United States forces, in company of and consorting with a band of armed outlaws, did, willfully, feloniously, and with malice aforethought, murder and kill Eulogio de los Angeles, native, by striking and cutting the said Eulogio de los Angeles, with a bolo held in the hand of said Matias Alipio, inflicting wounds whereof the said Eulogio de los Angeles then and there died. This at the time and place above specified." Pleas.— "Not guilty." Findings. — Of the specification, "guilty, excepting the words 'with a bolo held in the hand of said Matias Alipio,' substituting therefor the words Svith a bolo held in the hand of said Matias Cagampan ' and of the excepted words, not guilty, and of the substituted words, guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence them, the said Matias Alipio and Matias Cagampan, natives, and each of them, "to be hanged by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case, it appears that these accused, Matias Alipio and Matias Cagampan, consorting with other outlaws, seized, bound, and conveyed to a cocoanut grove near Mangatarem, Pangasinan, one Eulogio de los Angeles, and there murdered him with bolos. No reasonable doubt as to the guilt of these accused arises from the evidence, and no mitigating circumstances appears of record. The sentence, approved by the department commander, is confirmed, and will be duly executed at Mangatarem, Pangasinan, Luzon, P. I., on the eleventh (11th) day of October, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. II. Before a military commission which convened at Lingayen, Pangasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 154, Headquarters Depart- ment of Northern Luzon, June 6, 1901, and of which Maj. Charles A. Williams, 17th U. S. Infantry, was president, and First Lieut. Arthur Cranston, 17th U. S. Infantry, was judge-advocate, w^ere arraigned and tried Catalino Vergara and Matias Alipio, natives. Charge. — " Murder. ' ' Speciji cation. — "In that they, Catalino Vergara and Matias Alipio, natives, and each oi" them, on or about May 10, 1900, a time then as now of insurrection against the United States, in or near the barrio of Durongan of the pueblo of Mangatarem, Pangasinan, Luzon, P. I. , a place, then as now, within the military jurisdiction of the United States, consorting with a band of six (6) , more or less, armed outla-\vs, commanded in person by said Matias Alipio and indirectly by said Catalino Vergara, did willfully, feloniously, and with malice aforethought, kill and murder one Josefa Pacina, native woman, and Inocencio Apair alias Dungdungi, native, by then and there striking and cutting the said Josefa Pacina and Inocencio Apair alias Dung- dungi, with bolos and talibones, held in the hands of the said Matias Alipio and other members of said band, inflicting bodily M'ounds upon the said Josefa Pacina and Inocencio Apair alias Dungdungi, from the effects of which wounds the said Josefa Pacina and Inocencio Apair alias Dungdungi then and there died. This at the time and place above specified." Pleas.— "Not guilty." Findings. — Catalino Vergara, "not guilty." Matias Alipio, "guilty." Sentence. — And the commission does therefore acquit the said Catalino Vergara, and sentence the said Matias Alipio, native, "to be hanged by the neck until dead, at such place and time as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case it appears that the accused, Matias Alipio, in company of an armed band of outlaws, of which he was leader, brutally murdered with tali- bones, a native woman and a peaceable man. No doubt as to his guilt arises from the record. The accused, Matias Alipio, being already under sentence of death for other crimes, the execution of the sentence herein, which is confirmed, is indefinitely stayed. B)'^ command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. 254 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Headquarters Division of the Philippines, Manila, P. L, September 5, 1901. General Orders, No. 251. Before a military commission which convened at Lingayen, Pangasinan, P. L, pursuant to paragraph 7, Special Orders, No. 97, Headquarters Department of North- ern Luzon, April 9, 1901, and of which Maj. Daniel H. Brush, Twenty-fifth United States Infantry, was president, and Second Lieut. John R. Thomas, jr., Seventeenth United States Infantry, was judge-advocate, were arraigned and tried Rafael Garcia, Matias Payas, Pedro Liglican, and Matias Blanco, natives. Charge I. — "Kidnaping." Specification. — " In that Rafael Garcia, Matias Payas, Pedro Liglican, and INIatias Blanco, natives, and each of them, on or about October 16, 1900, a time then, as now, of insurrection against the lawful authority of the L'nited States, did forcibly and against their will and consent lay hold of and carry away from their homes other natives to the number of three, viz: Alejo Alinandez, Eulogio (Lucio) Miranda, and Julian Brilliante. This in or near the pueblo of Aliminos and the barrio of Namang- bangan, of Alaminos, province of Zambales, Luzon, P. I., places then, as now, under the militarj'' authority of the United States, at the time above specified." Charge II. — "Murder." Specification. — In that Rafael Garcia, Matias Payas, Pedro Liglican, and Matias Blanco, natives, and each of them, on or about the 16th day of October, 1900, then, as now, a time of insurrection against the lawful authority of the Laiited States, being armed with revolvers and bolos, did willfully and of malice aforethought kill and murder one Julian Brilliante, a peaceable native, by inflicting wounds with a bolo or bolos held in the hands of one or more of the said Rafael Garcia, Matias Payas, Pedro Liglican, and Matias Blanco, whereof the said Julian Brilliante did then and there die. This at or near the barrio of Namangbangan, Alaminos, prov- ince of Zambales, Luzon, P. I. , a place then, as now, under the military authority of the United States, at the time above specified. Pleas. — To the first specification, first charge, "Guilty, with the exception of the words 'Alejo Alamandez.' " To the first charge, "Guilty." To the specification, second charge, Rafael Garcia and Matias Blanco: "Guilty, with the exception of the words 'wounds with a bolo or bolos,' of the excepted words not guilty, substituting therefor the words 'blows with a club held in the hand of Matias Blanco,' and excepting the words 'Rafael Garcia, Matias Payas, Pedro Liglican and' of the excepted words, not guilty; of the substituted words, guilty." Matias Payas and Pedro Liglican, "Not guilty." To the second charge, Rafael Garcia and Matias Blanco, "Guilty." Matias Payas and Pedro Liglican, "Not guilty." Findings. — Of the specification, first charge, "Guilty, except of the word 'three,' substituting therefor the word 'two,' and except of the words 'Alejo Almandez' of the excepted words, not guilty, and of the substituted word, guilt}-." Of the first charge, "Guilty." Of the specification, second charge, Rafael Garcia and Matias Blanco, "Guilty, except of the words 'and bolos,' and excej^t of the words 'bolo or bolos,' substituting therefor the word 'club,' and except of the words 'one or more of the said Rafael Garcia, Matias Payas, Pedro Liglican, and ' of the excepted words, not guilty, and of the substituted word, guilty." Matias Payas and Pedro Liglican, "Not guilty." Of the second charge, Rafael Garcia and Matias Blanco, "Guilty." JNIatias Payas and Pedro Liglican, ' ' Not guilty. ' ' Sentence. — And the commission does therefore sentence them, Rafael Garcia and Matias Blanco, natives, and each of them, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the mem- bers of the commission concurring therein," and ]Matias Payas and Pedro Liglican, natives, and each of them, "To be confined at hard labor at such place as the reviewing authority may direct for the period of five years." In the foregoing case it appears that these accused, Rafael Garcia, Matias Payas, Pedro Liglican, and Matias Blanco, under the direct leadership of accused Garcia, who himself claims to have acted under the orders of his chief Ramon Manalang, forcibly kidnapped from their homes in the pueblo of Alaminos, Zambales, Alejo Almandez, Eulogio (Lucio) Miranda, and Julian Brilliante, and that the last named was killed with a club by accused Blanco by order of accused Garcia. All of the accused confess in open court their respective parts in the commission of these crimes. The sentence, approved by the department commander, is confirmed, but in accord- ance with his recommendations is commuted as to Rafael Garcia and Matias Blanco, to imprisonment at hard labor for the term of the natural life of each of them. As thus commuted their sentences, as well as the sentence of Pedro Liglican and Matias CHAKGES OF CKUELTY, ETC., TO FILIPINOS. 255 Payas, will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant A djutant- General. Headquarters Division of the Philippines, Manila, P. I., September o, 1901. General Orders, Xo. 252. Before a military commission which convened at Echague, Province of Isabela, Luzon, P. I., pursuant to paragraph 12, Special Orders, Xo. 121, Headquarters Department of Xorthern Luzon, ^lay 3, 1901, and of which Capt. George E. French, 16th L". S. Infantry, \\as president, and Second Lieut. Charles L. McKain, 16th U. S. Infantry, was judge-advocate, was arraigned and tried: Guillermo Castillo, a native. Charge. — '' Murder, in violation of the laws of war." Speciticatian. — "In that Guillermo Castillo, native Filipino, did, on or about August 28, 1900, near the barrio of ^lalapot, pueblo of Cordon, Province of Isabela, Xorthern Luzon, P. I., in company of and consorting with a band of armed outlaws, names and number unknown, in time of insurrection against the L'nited States and in territory occupied by L^nited States troops, wilfully, feloniously, and with malice aforethought, kill and murder Benito Bernal, native lieutenant of the municipal police of Cordon, established by the United States, by cutting and stabbing him with bolos held in the hands of said band, inflicting wounds whereof the said Bernal then and there died. This at the time and place above specified.'" Plea.— "Xot guilty." Finding. — " Guilty." Sentence. — And the commission does, therefore, sentence him, Guillermo Castillo, native, " To be hanged by the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members concurring therein." In the foregoing case it appears that this accused Guillermo Castillo, in company of another, was discovered in the act of murdering Benito Bernal, lieutenant of native police of Cordon, organized by the Ignited States Government. Full proof of his guilt appears of record and no mitigating circumstance suggests modification of the conclusion of the commission. The sentence, approved by the department commander, is confirmed and will be duly executed at Echague, Isabela, Luzon, P. I., on the 25th day of October, A. D. 1901, under the direction of the commanding general, department of Xorthern Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., September 5, 1901. General Orders, Xo. 253. Before a military commission which convened at Pozorrubio, Pangasinan, Luzon, P. L, pursuant to paragraph 5, Special Orders, Xo. 159, Headquarters Department of Xorthern Luzon, June 11, 1901, and of which Cai)t. James B. Goe, 13th L'. S. Infantry, was president and First Lieut. Alexander ]\L Weatherill, 13th U. S. Infan- try, was judge-advocate, were arraigned and tried Hilario Buscainaand Catalino Bel- modes, natives. Charge I. — "Kidnaping." Specijicati(jn. — "In that they, Hilario Buscaina and Catalino Belmodes, natives, and each of them, in company of and consorting with a band of outlaws, ten (10), more or less, in number, and armed Avith bolos, did forcibly seize, l)ind. and carry away from his house, against his will, one Felix Fernandez, native. This at INIanaoag, Pangasinan, Luzon, P. I., on or al)(jut the 2d day of January, 1900, a time and place then, as now, in insurrection against the L'nited States Government and under the militarv authoritv of the L^nitecl States." Charge II.— "'Murder." Specification. — "In that Hilario Buscaina and Catalino Belmodes, natives, and each of them, in company of and consorting with a band of outlaws ten (10), more or less, in number, and armed with bolos, did willfully, feloniously, and with malice afore- thought, kill and murder Felix Fernandez, native, by cutting and stabbing him, the 256 CHAKGES OF CEUELTY, ETC., TO FILIPINOS. said Felix Fernandez, with bolos held in the hands of said outlaws, inflicting wounds therewith whereof he, Felix Fernandez, then and there died. This at Manaoag, Pangasinan, Luzon, P. I., on or about the 2d day of January, 1900, a time and place then, as now, in insurrection against the United States Government and under the military authority of the United States." Plea.— "Not guilty." FixDiNG. — " Guilty." Sextence. — And the connnission does therefore sentence them, Hilario Buscaina and Catalino Belmodes, natiyts, and each of them "To be confined at hard labor, at such place as the reviewing authority may direct, for a period of twenty (20) years." In the foregoing case it appears that these accused, Hilario Buscaina and Catalino Belmodes, in company of an armed band, forcibly seized in his house, bound, and carried away one, Felix Fernandez, at Manaoag, Pangasinan, about January 2, 1900. Three days later the beheaded trunk of deceased, bound as when last seen in life, was found in the vicinity. The inferential though convincing evidence as to the participation of these accused in this barbarous murder suggests a more severe penahv^ than that imposed by the commission. Though deemed inadequate, the sentence, approved by the department com- mander, is confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoners will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division op the Philippines, Manila, P. I., September 7, 1901. General Orders, No. 257. Before a military commission which convened at Lingayen, Pangasinan, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 193, Headquarters Department of Northern Luzon, Julj' 16, 1901, and of which Maj. Charles A. Williams, Seventeenth L'nited States Infantry, was president and First Lieut. Arthur Cranston, Seventeenth United States Infantry, was judge-advocate, was arraigned and tried Eugenio Ordona, a native. Charge I. — "Kidnaping." Specification. — "In that he, Eugenio Ordona, native, in company of and consorting with armed men, ten, more or less, in number, did feloniously seize, bind, and forci- bly conduct away from his home, against his will, one Domingo Frias. This at or near the sitio of Bocboc, pueblo of Aguilar, province of Pangasinan, P. I., a place then, as now, in the theater of military operations and under the military authority of the L^nited States, during the month of December, 1899, a time then, as now, of insurrection against the United States." Charge II. — " Forcible abduction. ' ' Specification. — "In that he, Eugenio Ordona, native, in company of and consorting with armed men, ten, more or less, in number, did feloniously, forcibly, and against her will, seize and conduct away from her home one Hermenegilda Sacareas, native woman, and her child, name unknown. This at or near the sitio of Bocboc, pueblo of Aguilar, province of Pangasinan, P. I., a place then, as now, in the theater of military operations and under the military authority of the United States, during the month of December, 1899, a time then, as now, of insurrection against the United States." Charge III.— "Murder." Specification. — "In that he, Eugenio Ordona, native, in company of and consorting with armed men, ten, more or less, in number, did willfully, feloniously, and with malice aforethought, kill and murder one Domingo Frias, native, by shooting him with a rifle held in the hands of the said Eugenio Ordona, inflicting wounds therewith whereof the said Frias then and there died. This at or near the barrio of Bani, pueblo of San Carlos, province of Pangasinan, P. I., a place then, as now, in the theater of mili- tary operations and under the military authority of the United States, during the month of December, 1899 a time then, as now, of insurrection against the United States." Plea.— "Not guilty." FixDiNG. — "Guilty." Sextence. — And the commission does therefore sentence him, the said Eugenia Ordona, native, ' ' To be confiiied at hard labor, at such place as the reviewing authority mav direct, for the remainder of his natural life." CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 25.7 In the foregoing case it appears that this accused, Eiigenio Ordona, in company of an armed band of outlaws, forcibly kidnaped from his house at Bocboc, Aguilar, Pangasinan, one Domingo Frias, abducted his wife, Hermenegilda Sacareas, and a child, and subsequently killed said Frias with a rifle shot, discharged by accused. The sentence, approved by the department commander, is confirmed, his remark that the sentence is deemed inadequate being fully concurred in. The sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. Bv command of Maior-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. 7., Sejjtember 7, 1901. General orders, Xo. 258. Before a military commission which convened at Manila, P. I., pursuant to para- graph 1, Special Orders, Xo. 236, Headquarters Provost-Marshal-General (Separate Brigade, Provost Guard), December 13, 1900, and of which Col. William S. 3IcCaskey, 20th U. S. Infantry, was president and Second Lieut. C. Stuart Patterson, 6th U. S. Artillery was judge-advocate, was arrigned and tried Mariano Barrado, a native. Charge. — "Murder." Specification. — "In that Mariano Barrado, native, on or about November 27, 1900; then as now, a time of insurrection, in the city of Manila, a place then, as now, under the military government of the United States, willfully, feloniously and with malice aforethought, did kill and murder one Anastasio Alvarado, native, by stab- bing him with a knife, in the hands of him, the said Mariano Barrado, then and there had and held, inflicting thereby wounds whereof he, the said Anastasio Alvaradq, died on or about December 1, 1900." Plea.— "Xot guiltv." FixDixG.— "Guilty." Sextexce. — And the commission does therefore sentence him, the said Mariano Barrado, native, "To be hanged by the neck until he shall be dead, at such time and place as the reviewing authority may direct two-thirds of the members of the com- mission concurring. ' ' In the foregoing case, it appears that this accused, Mariano Barrado, about Nov- ember 27, 1900, in the city of 3Ianila, stabbed with a knife, in the abdomen, one Anastasio Alvarado, from the effects of which the latter died about December 1, 190Q. at the San Juan de Dios Hospital, Manila. The deed appears to have been committed in the heat of an altercation with a minor degree of premeditation. The sentence, approved by the convening authority, is confirmed, but in accordance with his recommendation is commuted to imprisonment at hard labor for the period of the natural life of the accused. The sentence, as thus commuted, will be duly ex- ecuted at the Presidio de Manila, to which place the prisoner will be sent under proper guard. Bv Command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General Headquarters Divisiox of the Philippixes. Manila, P. I., September 7, 190 L General Orders Xo. 259. Before a military commission which convened at Biiian, Laguna, Luzon, P. I., pursuant to paragraph 12, Special Orders, Xo. 180, Headquarters Department of Southorn Luzon, June 29, 1901, and of which Major Henry C. Danes, Artillery Corps, U. S. A., was president and 2d Lieutenant Ernest E. Allen, Artillery Corps, tl. S. A., was judge-advocate, was arraigned and tried: Eulogio Alomia, alias Toyo, a nativa Charge I. — "Kidnapping." Specification. — "In that he Eulogio Alomia, alias Toyo, native, did, in the pueblo of Binan, Province of Laguea, Luzon, P. I., then as now, occupied by United States troops, at a time, then as now, of insurrection, in company with other natives, unlaw- fully, by force and with intent to do bodily harm, kidnap and carry away ^Mateo Carabo, native. This in the pueblo of Biiian, Laguana Province, on or about Julv 8. 1900." ' ' ' S. Doc. 205, pt 2 17 258 CHARGES OF CRUELTY, ETC. , TO FILIPINOS. Charge II.— "Murder." Specification. — "In that he, Eulogio Alomia, aUas Toyo, native, on or about July 8, 1900, then as now, a time of insurrection, at or near Binan, Province of Laguna, Luzon, P. I., a place then, as now, under the military government of the United States, did wilfully, feloniously, and with mahce aforethought, kill and murder one Mateo Carabo, native, by stabbing him, the said ]Mateo Carabo, inflicting thereby wounds whereof he, the said Mateo Carabo, then and there died." Plea.— "Xot guilty." Finding. — ' ' Guilty. ' ' Sentence. — And the commission does therefore sentence him, Eulogio Alomia, alias Toyo, native, "To confinement' at hard labor, at such place as the reviewing authority may direct, for the period of twenty (20) years." In the foregoing case it appears that this accused, Eulogio Alomia, alias Toyo, at the pueblo of Biiian, Province of Laguna. P. I., about July 8, 1900, kidnapped from his house one Mateo Carabo, and thereafter killed him with a dagger. It further appears that accused was one of the official executioners appointed by and acting under the orders of Lieut. Col. Eustacio Castelltor, but the crime was not committed in the immediate presence of said Castelltor and it does not appear that accused had not ample opportunity to avoid obedience to this illegal order and seek protection from the American authorities. As illustrative of the methods pursued by his superior officers, the following quo- tation is taken from a written confession of the accused, made in the presence of wit- nesses, prior to his trial and admitted by him on his trial to be true and correct : "I carried a letter of authorization "^ * ^ to act as a special agent, which means authority to commit murder. Each time a murder was ordered, a letter was sent to one of (above named) four men, by one of the chiefs, (naming them). Afterwards the letter was taken up and burned * * * . If a man did not pay his contribu- tion to the insurgent collector he was ordered to be killed. ' ' This confession is so in line with numberless well established cases that its substantial truth may be accepted with little doubt. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which the prisoner will be sent under proper guard. Bv Command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, September, 9, 1901. General Orders, Xo. 261. Before a military commission, which convened at Manila, P. I. , pursuant to par- agraph 13, Special Orders, Xo. 101, Headquarters Department of Southern Luzon, April 11, 1901, and of which Major George C. Greenough, Artillery Corps, was presi- dent, and Captain Palmer E. Pierce, 8th U. S. Infantry, was judge-advocate, were an-aigned and tried: I. Ciriaco Rivilleza, a native. Charge. — "Murder." Specification. — "That Ciraco Ri^T.lleza, a Filipino, in company of and consorting with a band of outlaws, to the number of four, more or less, armed with guns and bolos, did wilfully, feloniously and with malice aforethought, murder and kill one Marcelo Gasal, a native policeman of the pueblo of Los Banos, Province of Laguna de Bay, Luzon, P. I., a place then as now under the military occupation and govern- ment of the L'nitecl States, by cutting the said Marcelo Gasal with a bolo held in the hands of the said Ciriaco Rivilleza and of his companions, to the number of four, more or less, inflicting wounds therewith whereof the said Marcelo Gasal then and there died. This in time of insurrection against the lawful authority of the United States, in or near the barrio of San Antonio, pueblo of Los Bahos, Province of Laguna de Bav, Luzon, P. L, on or about the 18th dav of March, 1900." Plea.— "Xot guilty." Finding. — Of the ' specification, "guilty, except the words 'guns and'; of the excepted words not guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Ciriaco Rivilleza. native, "To be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." II. Mariano Belarmino, a native. CHAEGES OF CRUELTY, ETC. , TO FILIPINOS. 259 Charge I.— "Murder." Specification. — "That on or about Mai^ch 18, 1900, then as now a tmie of insurrec- tion, in the barrio of San Antonio, pueblo of Los Banos, Province of Laguna de Bay, Luzon, P. L, a place then, ae now, under the military occupation and government of the United States, one Mariano Belarmino, a Filipino and a resident of the said Province of Laguna de Bay, in comj^any of and consorting with other natives, to the number of four, more or less, armed with guns and bolos, did feloniously, wilfully and with malice aforethought, kill one Marcelo Gasal, a native policeman of the aforesaid pueblo of Los Baiios, P, L, by cutting the said Marcelo Gasal, with a bolo held in the hands of the said Mariana Belarmino, and of his companions, to the number of four, more or less, then and there inHicting upon the said ]\Iarcelo Gasal, wounds and cuts by reason of which the said Marcelo Gasal, then and there died." Charge II. — "Larceny." Specification. — "That on or about April 29, 1901, a time of insurrection, then as now, against the lawful authority of the United States, at the barrio of Maajas, Municipio of Los Banos, Province of Laguna de Bay, Luzon, P. I., a place, then, as now, in the theater of active military operations, one Mariano Belarmino, a Filipino, did take, steal, and remove one horse, valued at 840.00 Mexican, the property of one Isaac Lapitan, a native resident of the aforesaid barrio of Maajas, Municipio of Los Baiios, P. I., appropriating the said horse to his own use and benefit." Plea.— "Not guilty." Finding. — Of the specification, 1st charge, "Guilty except the words 'guns and' and ' held in the hands of the said Mariano Belarmino, and of his companions to the number of four more or less', of the excepted words, not guilty." Of the 1st charge, "guiltv." Of the specification, 2d charge, "guilty." Of the 2d charge, *' guilty." Sentence. — And the commission does therefore sentence him, the said Mariano Belarmino, native, " to be hanged by. the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing cases it appears that these accused, Ciriaco Rivilleza and Mariano Belarmino, in company of a band of outlaws, laid in ambush for the approach of a patrol of three native policemen, of whom deceased was one, and on the approach of this patrol sprang out and captured deceased, Marcelo Gasal. A few days after- wards the body of deceased was found in a neighboring river, weighted with a heavy rock and containing many wounds, one through the heart and one in the neck. The evidence fully sustains the charges and specifications, and no reasonable doubt arises as to the guilt of these accused. The murder w^as a brutal one, and no mit- igating circumstance appears of record. The sentences, approved by the department commander, are confirmed, and will be duly executed as against Ciriaco Rivilleza and Mariano Belarmino, and each of them, at Manila, Luzon, P. I., on the eighteenth (18th) day of October, A. D. 1901, under the direction of the commanding ofiicer, post of Manila. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. J., September 9, 1901. General Orders, No. 263. Before a military commission which convened at San Fernando, Union, Luzon, P. I., pursuant to paragraph 9, Special Orders, No. 143, Headquarters Department of Northern Luzon, May 25, 1901, and of which Lieutenant Colonel Sanmel M. Swigert, 13th U. S. Cavalry, was president, and Captain Edward Sigerfoos, 5th U. S. Infantry, was judge-advocate, were arraigned and tried: Vicente Baldonade, Siriaco Ordinarib, Nicolas Gumbua, Ygnacio Noses, Pedro Reyes, Ysabelo DeSesto, and Eusebio DeSesto, natives. Charge. — " Murder. ' ' Specification. — "In that Vicente Baldonade, Siriaco Ordinario, Nicolas Gumbua, Ygnacio Noses, Ysabelo DeSesto, Pedro Reyes, and Eusebio DeSesto, natives, did wilfully, feloniously and with malice aforethought, kill and murder Eusebio Mon and Catalina Marica, wife of Euse))io ]\Ion, natives, by cutting the throats of the said Eusebio Mon and Catalina ^Nlarica with a bolo or other sharp instrument, from which act the said Eusebio Mon and Catalina Marica did then and there die. This in time of insurrection, on or about the 26th day of May, 1900, and in a place occupied by 260 CHARGES OF CRUELTY, ETC., TO FILIPINOS. the military forces of the United States, to wit: in the barrio of Eising, district of Bangar, Province of Union, P. I." Pleas. — Pedro Reyes, "Xot guilty." Vicente Baldonade, Siriaco Ordinario, Nicolas Gunibua, Ygnacio Noses, Ysabelo DeSesto, and Eusebio DeSesto, "to the specification, guilty, except the words, 'wilfully, feloniously, and with malice afore- thought' and the words, 'and murder,' to the excepted words, not guilty." To the charge, "not guilty." Findings. — Of the specification, "Guilty, except the words, 'the throats of of the excepted words, not guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence the said Vicente Baldo- nade, Siriaco Ordinario, Nicolas Chimbua, Ygnacio Noses, Ysabelo DeSesto, and Eusebio DeSesto, and each of them, "to be hung by the neck until dead, at such time and place as the reviewing authority may designate, two-thirds of the members of the commission concurring therein," and the commission does sentence the said Pedro Reyes, ''to be confined at hard labor at such place as the reviewing authority may designate for the period of his natural life." In the foregoing case it appears that these accused, Vicente Baldonade, Y^gnacio Noses, Siriaco Ordinario, Pedro Reyes, Nicolas Gumbua, Y'sabelo DeSesto, and Eusebio DeSesto, composing an armed band of outlaws, forcibly seized an aged native, Eusebio ^lon and his wife, Catalina Marica, and carried them off into the country. The evidence as well as the admissions of some of these accused, show that the deceased were wantonly murdered because suspected of friendliness to the Americans. The sentence, approved by the department commander, is confirmed, but in accordance with his recommendation is commuted as to Siriaco Ordinario, Nicolas Gumbua, Y^gnacio Noses, Y^sabelo DeSesto and Eusebio DeSesto, to imprisonment at hard labor for the period of the natural life of each of them, and as thus commuted will be duly executed, as also the sentence against Pedro Reyes, at the Presidio de ^Manila, to which they and each of them will be sent under proper guard. The sentence as against the accused Vicente Baldomade, will be duly executed at Bangar, Province of Union, Luzon, P. I., on the 1st day of November, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. Bv command of Major General Chafiee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, September 9, 1901. General Orders, No. 265. Before a military commission which convened at Malabon, Province of Manila, P. I., pursuant to paragraph 5, Special Orders, No. 156, Headquarters Department of Northern Luzon, June 8, 1901, and of which Major William H. Cook, surgeon, U. S. Volunteers, was president, and First Lieut. Paul Giddings, battalion adjutant, 3rd V. S. Infantry, was judge-advocate, were arraigned and tried: Pio de Castro and Dionicio de la Cruz, natives. ChakCtE. — " Murder. ' ' Specification. — "In that Pio de Castro and Dionicio de la Cruz, natives, and each of them, did, wilfully, feloniously, and with malice aforethought, kill and murder one Juan Salvador, native, sailor on the U. S. gunboat Charleston, by stabbing him with a dagger held in the hands of the said Pio de Castro, whereby wounds were infiicted whereof the said Juan Salvador then and there died; the said Dionicio de la Cruz being then and there present actively aiding and abetting the said Pio de Castro." "This at barrio Gatboca of Caiumpit, P. I., in territory occupied by United States troops, on or about the 11th davof Mav, 1901, in time of insurrection." Pleas.— "Not guilt v." Findings.— " Guilty." Sentence. — And the commission does therefore sentence them, the said Pio de Castro and Dionicio de la Cruz, natives, and each of them, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two- thirds of the commission concurring therein." In the foregoing case it appears that these accused, Dionicio de la Cruz and Pio de Castro, about INIay 11, 1901, at barrio Gatboca, Caiumpit, seized, bound, and con- veyed to the fields, one Juan Salvador, a native sailor of the V. S. gunboat Charleston. There, Avhile the victim was held by De la Cruz, he was stabbed repeatedly in the stomach and abdomen by De Castro, who literally obeyed De la Cruz's order to "cut out the intestines of deceased." CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 261 Many eyewitnesses testify to the perpetration and details of this savage and revolt- ing crime. The sentence, approved by the department commander, is confirmed and will be duly executed against these accused, and each of them, at Calumpit, Province of Bulacan, Luzon, P. I., on the 25th day of October, A. D. 1901, under the direction of the commanding general, Departmcmt of Northern Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant-General. Headquarters Division of the Philippines. Manila, P. I., September 9, 1901. General Orders, Xo. 266. Before a military commission which convened at Manila, P. I., pursuant to para- graph 8, Special Orders, Xo. 170, Headquarters Department of Southern Luzon, June 19, 1901, and of which Lieut. Col. Allen Smith, 1st U.S. Cavalry, was president, and Capt. Palmer E. Pierce, 13th U. S. Infantry, was judge-advocate, were arraigned and tried : I. — Roberto Villorente, native. CharctE. — " Murder. ' ' Specification. — " In that Roberto Villorente, a native, did feloniously, willfully, and with malice aforethought kill and murder Isidra Salud, a native woman, by shooting her in the leg with a shotgun loaded with buckshot and held in the hands of the said Roberto Villorente, from the effects of which the said Isidra Salud thereafter died on or about the 2d day of June, 1901. This in time of insurrection and in the town of Xovaleta, province of Cavite, a place under the military government of the United States, on or about the 2d day of June, 1901." Plea. — To the specification, "guilty, except of the words 'feloniously, willfully, and with malice aforethought,' and of the word ' murder,' substituting for the former words, 'accidentallv.' " To the charge, "not guiltv." FixDixG.— " Guilty. ' ' Sextexce. — And the commission does therefore sentence him, the said Roberto Villorente, native, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct,' two-thirds of the members of' the commission concurring therein." In the foregoing case, it appears that this accused, Roberto Villorente, a native policeoian at Xovaleta, Cavite, Luzon, shot and killed with a shotgun loaded with buckshot a woman, Isidra Salud, to whom he had been paying attentions, which had been rejected. The killing, as charged, is fully established by direct evidence and the admission of accused, and the motive convincingly shown by inferential and by direct and conclusive testimony. The sentence, approved by the department commander, is confirmed, and will be duly executed at Manila, P.' I., on the eighteenth (18th) day of October, A. D. 1901, under the direction of the commanding officer, post of Manila. II. — Pio Orasco, alias Pio Arrosco, Francisco Raymondo, alias Sergeant Kiko, and Patricio San Augustin, natives. Charge. — " Robbery. ' ' Specification. — "In that they, Pio Orasco, alias Pio Arrosco, Francisco Raymondo, alias Sergeant Kiko, and Patricio San Augustin, natives, and each of them, at Singa- lon, Manila, P. L, a place, then as now, under the military government of the L^nited States, on or about the 21st day of September, 1899, a time, then as now, of insurrec- tion against the lawful authority of the United States, in company and consorting with a band of armed outlaws, whose names are unknown, did feloniously j)ut one Eleuteria Custodio in bodily fear and danger of her life, and twenty-seven dollars (S27.00), Mexican currency, from and the property of the said Eleuteria Custodio did forcibly and feloniously take, steal, and carry away." Charge IL — "Kidnaping." Specification. — "In that they, Pio Orasco, alias Pio Arrosco, Francisco Raymondo, alias Sergeant Kiko, and Patricio San Augustin, natives, and each of them, at Singa- lon, Manila, P. L, a place, then as now, under the military government of the United States, on or about the 21st day of September, 1899, a time, then as now, of insurrec- tion against the lawful authority of the United States, in company and consorting with a band of armed outlaws, whose names are unknown, did forcibly and feloni- ously seize, take, and carry away, against his will Inocencio x\ngjoco, alias Inocencio Ongjoco." 262 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Charge. — "Murder." Specification. — " In that they, Pio Orasco alias Pio Arrosco, Francisco Raymondo- alias Sergeant Kiko, and Patricio San Augustin, natives, and each of them, at or near Singalou, Manila, P. I., a place then, as now, under the military government of the United States, on or about the 21st day of September, 1899, a time, then as now, of insurrection against the lawful authority of the United States, in company and consorting with a band of armed outlaws, whose names are unknown, did wilfully, feloniously, and with malice aforethought, kill and murder Inocencio Angjoco- alias Inocencio Ongjoco, by striking him, and causing the said outlaws to strike him, the said Inocencio Angjoco alias Inocencio Ongjoco, with dangerous weapons, the description of which weapons is unknown, then and there had and held in the hands of them, the said Pio Orasco alias Pio Arrosco, Francisco Raymondo alias Ser- geant Kiko, and Patricio San Augustin, and each of them, and in the hands of the said outlaws, respectively, inflicting wounds therewith upon the person of the said Inocencio Angjoco alias Inocencio Ongjoco, whereof he, the said Inocencio Angjoco alias Inocencio Ongjoco, then and there died." Pleas. — '' Xot guilty." Findings. — Pio Orasco alias Pio Arrosco and Francisco Raymondo alias Sergeant Kiko, and each of them, "' guilty." Patricio San Augustin, "not guilty." Sextexce. — And the commission does, therefore, sentence them, Pio Orasco alias Pio Arrosco and Francisco Raymondo alias Sergeant Kiko, natives, and each of them, "to be hanged by the neck until they are dead, at such time and place as the review- ing authority may direct, two-thirds of the members of the commission concurring therein." And the commission does therefore "acquit" him. the said Patricio San Augustin, native. In the foregoing case, it appears that these accused, Pio Orasco and Francisco Ray- mondo, in company of a band of armed outlaws, about September 21, 1899, at Singa- lon, Manila, surrounded the house of Inocencio Angjoco, seized, bound, and kidnaped him, beat and robbed his wife of S27.00, and conveying the husband to an isolated spot, there stabbed and cut him to death. The accused, Patricio San Augustin, has been released from confinement. The sentence against Pio Orasco and Francisco Raymondo, approved by the depart- ment commander, is confirmed, and will be duly executed at Manila, P. I., on the eighteenth (18th) day of October, A. D. 1901, under the direction of the command- ing ofiicer, post of Manila. Bv command of Major-General Chaffee: ^y. p. Hall, Assistant Adjutant- General. Headquarters Divisiox of the Philippines, Manila, P. I., September 13, 1901. General Orders, Xo. 273. I. Before a military commission which convened at Manila, P. I., pursuant to paragraph 3. Special Orders, Xo. 103, Headquarters Provost -Marshal-General (Sep- arate Brigade, Provost Guard), May 7, 1901, and of which Maj. Henry B. McCoy, 44th Infantry, U. S. Volunteers, was president and Captain AA^arren H. Ickis, 36th Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried Maxemino Antiporda, native. CharctE. — "Murder." Specification. — "In that he, Maxemino Antiporda, a native, on or about the 16th day of September, 1900, a time, then as now, of insurrection against the lawful authority of the United States, at Manila, Luzon, P. I., a place, then as now, occu- pied by the troops of the United States, in company and consorting with Rafino de Guzman, alias Rufino de (ruzman, alias Modesto Santos y Rosario, and other outlaws whose names are unknown, did willfully, feloniously, and with malice aforetliought kill and murder a certain native, whose name is unknown, by striking him, the said certain native, Avith dangerous weapons, the exact description of which are unknown, then and there had and hekl in the hand of him, the said Maxemino Antiporda, and in the hands of the said Rafino de Guzman, alias Rufino de Guzman, alias Modesto Santos y Rosario, and of the said outlaws, inflicting wounds therewith on the person of the said certain native whereof he, the said certain native, then and there died." Plea.— "Not guilty." Findings. — "Guilty." Sentence. — And the commission does therefore sentence him. Maxemino Anti- porda, a native, "to be hanged by the neck until he be dead, at such time and place CHARGES OF CRUELTY, ETC., TO FILIPHSTOS. 263 as the reviewing authority may direct, two-thirds of the commission concurring therein." II. Before a miUtary commission which convened at Manila, P. I., pursuant to paragraph 3, Special Orders, No. 103, Headquarters Provost-Marshal-General (Sep- arate Brigade, Provost Guard), May 7, 1901, and of which Maj. Henry B. McCoy, 44th Infantry U. S. Voluteers, was president and First Lieut. Carroll Power, 33d Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Eafino de Guzman, alias Pufino de Guzman, alias Modesto Santos y Rosario, native. Charge. — ' ' Murder. ' ' Specification.— ^' In that he, Eafino de Guzman, alias Rufino de Guzman, alias Modesto Santos y Rosario, native, on or about the 16th day of September, 1900, a time, then as now, of insurrection against the lawful authority of the United States, at Manila, Luzon, P. L, a place then, as now, occupied by the troops of the United States, did willfully, feloniously, and with malice aforethought kill and murder a certain native, whose name is unknown, by striking him, the said certain native, with a dangerous weapon, the exact description which is unknown, then and there had and held in the hand of him, the said Rafino de Guzman, alias Rufino de Guzman, alias Modesto Santos y Rosario, inflicting wounds therewith upon the person of the said certain native whereof he, the certain native, then and there died. ' ' Plea.— "Not guilty." FiNDiNCx.— ''Guilty." Sentence. — And the commission does therefore sentence him, the said Rafino de Guzman, alias Rufino de Guzman, alias Modesto Santos y Rosario, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing cases of Maxemino Antiporda and Rufino de Guzman, it appears that these two accused, in company of others, killed and murdered an unknown native, accused by them of being an American spy, and caused the body to be buried near the scene of the murder, after first beheading the same. The crime was perpe- trated in the city of Manila about September 16, 1900, and the evidence leaves no reasonable doubt of the guilt of these accused. The sentences approved by the convening authority are confirmed, but, upon his recommendation of clemency, are commuted to imprisonment at hard labor for the period of the natural life of each. As thus commuted, the sentences will be duly executed at the Presidio de Manila, to which place these prisoners, and each of therOj will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General Headquarters Division of the Philippines, Manila, P. L, Septeniher 12, 1901. General Orders, No. 274. Before a military commission, which convened at IManila, P. I., pursuant to par- agraph 8, Special Orders, No. 170, Headquarters Department of Southern Luzon, June 19, 1901, and of which Lieutenant-Colonel Allen Smith, 1st U. S. Cavalry, was president and Captain Palmer E. Pierce, 13th LT. S. Infantry, was judge-ad vocatej was arraigned and tried Simplicio Tolentino, a native. Charge.— "Murder." Specification. — "In that he, Simplicio Tolentino, native of Taguig, P. I., on or about May 8, 1900, then as now, a time of insurrection, at or near the barrio of Hagonoy, pueblo of Taguig, province of Manila, island of Luzon, P. I., a place then as now, under the military government of the United States, did wilfully, feloniously and with malice aforethought, bury alive one Connnandante Eusebio Madina, or Ison, a native of Pateros, P. I., who then and there died from suffocation, said Sim- plicio Tolentino covering or assisting in covering said Madina or Ison with dirt. This on or about the time and place specified." Plea. — To the specification, "Guilty, except the words ' wilfully, feloniously, and with malice aforethought." To the charge, "Not guilt v." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Simplicio Tolentino, native, "To be hanged by the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Simplicio Tolentino, the accused on the witness stand 264 CHARGES OF CRUELTY, ETC., TO FILIPINOS. said, concerning the killing of Eusebio Madina, "It was ordered by the gen- eral. I could not refuse, because according to the report of the people he was a very bad man, a ladrone, a robber, and if he did not get any money from the richest men he used to come and try to kill them. Whenever he saw a young girl he used to go around and assault her. He was a robber of what came down from the lake. * ^ -x- '■£\^Q order was received during my hiding. I buried it in the ground and the water ruined it. * * ^ A good many people were present at the execution. * * ^ General Pilar gave me the order while he was in Manila. He himself gave it to me. * * * At the grave I spoke to the people and advised them not to be as he (deceased) was, a ladrone, a robber, and assaulter." The accused fur- ther testified that the deceased had been tried in the mountains "about five months before he was killed; that he was present at the trial, but that the deceased was not present; that the ofiicer who presided at the trial was killed, and General Pilar was exiled." There is some corroboration of the reputed bad character of the deceased, but no single overt act was traced to his hand by the defense. Critically considered, the evidence contains little more than malicious imputations upon the character of the dead man. The evidence is by no means conclusive that the deceased was executed in pur- suance of a judgment passed upon him by other than the accused, and in accordance ■ with the summary methods of irresponsible insurgent chiefs. Judged by the stand- ards of procedure of civilized men, there was, in fact, no trial. Still, were it not for the barbarous method of killing by burial alive that the accused resorted to, and which can not receive even the color of sanction of official action, there would be less reluctance in extending clemency. Both he who orders and he who executes so barbarous a crime deserves the severest penalty. The sentence, confirmed by the department commander, is confirmed, but upon his recommendations, is commuted to imprisonment at hard labor for the period of twenty years. As thus commuted, the sentence will be duly 'executed at the Presidio de Manila, to Avhich place the prisoner will be sent under proper guard. Bv command of Major-general Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., September 12, 1901, General Orders, Xo. 275. I. Before a military commission which convened at San Fernando, L^nion, Luzon, P. I., pursuant to paragraph 15, Special Orders, Xo. 197, Headquarters Department of Northern Luzon, July 20, 1901, and of which Major George P. Borden, 5th U. S. Infantry, was president, and Captain Edward Sigerfoos, 5th \J. S. Infantry, was judge- advocate, were arraigned and tried: Leon Obras, Emeterio Peralta, Domingo Orate, Alejandro Yiloria, Francisco Lopez, Guillermo Mundo, Geronimo Orine, natives. Charge. — ' ' Murder. ' ' Specification. — "In that Leon Obras, Emeterio Peralta, Domingo Orate, Alejandro Viloria, Francisco Lopez, Guillermo Mundo, and Geronimo Orine, natives, and each of them, did, feloniously, wilfully, and with malice aforethought, kill and murder one Hilario Olito, native, by cutting and stabbing the said Hilario Olito with a bolo, or other sharp instrument from which the said Hilario Olito did then and there die. This during a time of insurrection, in the month of May, 1900, and at a place occu- pied by the military forces of the United States, to wit, near the Eancheriaof Padayao, Balaoan, Province of Union, P. I." Pleas. — To the specification, "Guilty, except the words, 'feloniously, wilfully, and with malice aforethought,' and the words 'and murder.' " To the charge, "Not guilty." Findings. — Leon Obras, Emeterio Peralta, and Domingo Orate: "Guilty." Alejandro Vilori?, Francisco Lopez, Guillermo Mundo, and Geronimo Orine, of the specification: "Guilty, except the words 'and with malice aforethought' of the excepted words, not guilty." Of the charge: "Guilty." Sentence. — And the commission does therefore sentence Leon Obras and Emeterio Peralta and each of them, "To be confined at hard labor at such place as the review- ing authority may direct for a period of twenty years." And the conmli^^sion does therefore sentence Domingo Orate, "To be hung by the neck until dead, at such time and place as the reviewing authority may direct, two- thirds of the members concurring; therein." CHAEGES OF CRUELTY, ETC., TC FILIPINOS. 265 And the commission does therefore sentence Alejandro Yiloria, Francisco Lopez, Ouillermo Mundo, and Geronimo Orine, and each of them. "To be confined at hard labor at snch ])lace as tlie reviewing authority may direct for a period of ten years." In the foregoing case it appear that the accused Domingo Orate, a captain of bolo- men, being in temporary command of the accused Alejandro Yiloria. Francisco Lopez, Guillermo Mundo, and Geronimo Orine, insurgent soldiers, and also of the accused Leon Obras and Emeteria Peralta, bolomen, proceeded to the house of one Hilario Olito, at Balaoan, Union, whom they kidnapped and conveyed to the Rancheria of Padayas. There the accused Leon Obras and Emeterio Peralta, obeying orders of the accused, Domingo Orate, who was present, killed said Hilario Olito with bolos. The deceased had been denounced as l^eing friendly to the Americans. The sentence, approved by the department commander, is confirmed, but in accord- ance with his recommendation is commuted as to Alejandro Yiloria, Francisco Lopez, Guillermo Mundo, and Geronimo Orine, and each of them, to imprisonment at hard labor for the period of two years. As thus commuted their sentences, as well as the sentences against Leon Obras and Emeterio Peralta, will be duly executed at the Presidio de Manila, to which place they, and each of them, will be sent under proper guard. The sentence against accused Domingo Orate will be duly executed at Bangar, Union, Luzon, P. I., on the first day of November, A. D. 1901, under the direction of the commanding general. Department of Northern Luzon. II. Before a military commission which convened at San Fernando de la L^^nion, P. I., pursuant to paragraph 9, Special Orders, No. 143, Headquarters Department of Northern Luzon, May 25, 1901, and of which Lieutenant-Colonel Samuel M. Swigert, 13th V. S. Cavalry, was president, and Captain Edward Sigerfoos, 5th U. S. Infantry, was judge-advocate, were arraigned and tried: Leon Obras, Tomas Oriente, Mateo Oballes, Gregorio 'Lopez, Severino Directo, and Geronimo Orine, natives. Charge. — ' ' Murder. ' ' Specification. — In that Leon Obras, Tomas Oriente, Mateo Oballes, Gregorio Lopez, Severino Directo, and Geronimo Orine, natives, and each of them, in company of and consorting with a band of outlaws under the leadership of said Leon Obras, did, felo- niously, willfully, and with malice aforethought, kill and murder one LIugo Men- doza, native, by cutting the said Mendoza with a bolo or other sharp instrument, held in the hands of the said Leon Obras, from which act the said Hugo Mendoza did then and there die. This in a time of insurrection, in the month of February, 1900, and at a place occupied by the military forces of the United States, to wit, near the barrio of Pagleddegan, Balaoan, province of Union, P. I. Pleas. — To the specification, "Guilty, except the words 'in company of and con- sorting with a band of outlaws under the leadership of said Leon Obras, feloniously, willfully, and with malice aforethought,' and the words 'and murder; ' to the excepted words, not guiltv." To the charge, "Not guiltv." Findings.— " Guilty . " Sentence. — And the commission does therefore sentence the said Leon Obras, native, '"to be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." And the commission dees therefore sentence the said Tomas Oriente, ]\Iateo Oballes, Gregorio Lopez, Severino Directo, and Geronimo Orine, natives, and each of them, "to be confined at hard labor at such place as the reviewing authority may direct for the period of twenty-five years." In the foregoing case it appears that these accused, Leon Obras, Tomas Oriente, Mateo 01)alles, Gregorio Lopez, Severino Directo, and Geronimo Orine, under the leadership of the first named, repaired to the house of one Hugo INIendoza, at Balaoan, Union, in FeV)ruary, 1900, seized, bound, and conveyed said Mendoza to the fields, and there accused Obras killed him with a bolo, because the victim was suspected of friendliness to the Americans. The sentence, approved by the department commander, is confirmed, and will be duly executed against the accused, Tomas Oriente, Mateo Olialles, Gregorio Lopez, Severino Directo, and Geronimo Orine, at the presidio de ^Manila, to which place they and each of them will be sent under proper guard. The sentence as against accused Leon C)bras will be duly executed at Bangar, Union. Luzon, P. I., on the first (1st) day of November, A. D. 1901, under the direc- tion of the commanding general. Department of Northern Luzon. Bv command of IMajor-General Chaffee: W.P.Hall, Am^tant Adjutant-dene ml. 266 CHAEGES OF CEUELTY, ETC., TO FILIPINOS. Headquaetees Divisiox of Philippines, Manila, P. I., September 14, 1901. General Oixiers, Xo. 277, Before a military commission which convened at Laoag, Ilocos Xorte, Luzon, P. I.^ pursuant to paragraph 2, Special Orders, Xo. 98, Headquarters Department of Northern Luzon, April 10, 1901, and of which Captain Robert W. Mearns, 20th U. S. Infantry, was president and Captain George H. Estes, 20th U. S. Infantry, was judge-advocate^ was arraigned and tried IMariano Zales, a native. Chaege I. — " Being a guerrilla." Specification. — "In that Mariano Zales, native, not being a member of any recog- nized military organization, but acting independently of the same, did, in combina- tion with sundry other persons similarly acting, engage in unlawful warfare against the United States, and in prosecution of such warfare did lie in wait and seize four natives, to wit: Florentino Rumbaoa, Mauricio Palayo, Anastacio Zales, and Faustina Mata, supposed to be friendlv to the Americans. This on a road near Batac, Ilocos Norte, P. L, on or about April 8, 1901." ChaectE II. — " Murder." Specification. — "In that Mariano Zales, native, on or about April 8. 1901, then as now a "time of insurrection, at or near the barrio Sibbo, jurisdiction of Batac, a place then as now in the theater of active military operations, in company of and consort- ing with a band of armed outlaws to the number of 30 more or less, commanded or lead by Aniano Magno, did, with malice aforethought, willfully and feloniously kill and murder two natives, to wit: Anastacio Zales and Faustina Mata (female) after they had been waylaid on public road and taken prisoners, by striking them on back of necks with a club, inflicting wounds from which the said Anastacio Zales and Faus- tina Mata (female) died, then and there. This at the time above specified and at or near barrio Sibbo, jurisdiction of Batac, I. X., P. I." Plea.— "Not guilty." FixDixG. — Of the specification, first charge, "guilty, excepting the words 'four natives,' substituting therefor 'two natives,' and excepting the words 'Florentino Rumbaoa, Mauricio Palayo,' which words are omitted, of the excepted words, not guilty, and of the substituted words, guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Sextexce. — And the commission does therefore sentence him, the said ^Mariano Zales, native, "to be confined at hard labor, at such place as the reviewing authority may designate, for the period of twenty (20) years." In the foregoing case it appears that this accused, Mariano Zales, was a member of a band of outlaws operating in violation of the laws of war in the vicinity of Batac, Ilocos Norte, P. I. ; that such band lay in wait for and seized Anastacio Zales and Faustina 3Iata, a woman, whom they killed by striking them with a club in the back of their necks, the accused acting as executioner. No motive appears of record for this crime. The accused on the witness stand admitted he killed deceased, saying: "They were relatives, uncle and aunt, of mine and I had to do it to save my life." However this may be, men who willingly associate with brigands and assassins can not hope to escape the consequences of their bloody deeds. One and all of such mdawfully banded men fall under the severest penalties of the law, and for the reason that they but encourage each other in their felonious purposes. The sentence, approved by the department commander, is confirmed, and his remark to the effect that the sentence is deemed inadequate is fully concurred in. The sentence will be duly executed at the presidio de Manila, to which place the prisoner will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- GeneraL Headquaetees Divisiox of the Philippixes, Manila, P. I., Sejnember 14, 1901. Gexeeal Oeders, No. 278. Before a military commission which convened at Manila, P. I., pursuant to para- graph 8, Special Orders, No. 170, Headquarters Department of Southern Luzon, June 19, 1901, and of which Lieutenant-Colonel Allen Smith, 1st U. S. Cavalry, was presi- dent and Captain Palmer E. Pierce, 13th L". S. Infantry, was judge-advocate, was arraigned and tried Lucas Claudio, native. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 267 Charge I. — "Treason." Specification 1. — "In that he, Lncas Claudio, a native, at or near Pasay, Luzon, P. I., a place then, as now, under the mihtary government of the United States, on or about and between the 13th day of January, 1901, and the 21st day of January, 1901, a time and times then, as now, of insurrection against the lawful authority of the United States, being a person owing allegiance to the United States of America and having theretofore and on or about the 12th day of January, 1901, taken an oath of allegiance to the United States of America, did then and there, in violation of his said oath of allegiance, maliciously and traitorously combine and conspire M'ith cer- tain insurgents whose names are unknown, to resist and defy the sovereignty and authority of the United States and to offer armed resistance to the troops of the United States in the province of Manila and elsewhere in the island of Luzon, P. I." Specification 2. — "In that he, Lucas Claudio, a native, at or near Pasay, Luzon, P. I., a place then, as now, under the military government of the Ignited States, on or about and between the 13th day of January, 1901, and the 21st day of January, 1901^ a time and times then, as now, of insurrection against theL^nited States, being a per- son owing allegiance to the United States of America and having theretofore and on or about the 12th day of January, 1901, taken an oath of allegiance to the United States of America, did combine and conspire with certain insurgents whose names are unknown, to resist and defy the sovereignty and authority of the L'nited States, with intent to subvert the power thereof. • In pursuance of which said combination and conspiracy the said Lucas Claudio did, in violation of his said oath of allegiance^ then and there maliciously and traitorously detain, restrain, and imprison one Domingo Tancio, a native friendly to the L^nited States." Charge II. — "Accessory before the fact to murder." Specification. — "In that a band of outlaws to the number of six, more or less, whose names are unknown, at or near Pasay, Luzon, P. I., a place then, as now, under the military government of the United States, on or about the 3d day of October, 1900, a time then, as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought kill and murder one Marcelo Bias, a native, by striking him, the said Marcelo Bias, Avith dangerous sharp-edged weapons, the exact description of which are unknown, then and there had and held in the hands of the members of the said band, inflicting wounds therewith on the person of the said Marcelo Bias, whereof he, the said Marcelo Bias, then and there died; and that he, the said Lucas Claudio, a native, before the commission of the said felony and murder, on or about the said 3d day of October, 1900, at or near the said Pasay, did feloniously counsel, aid, incite, and procure the members of the said band to commit in manner and form aforesaid the said felony and murder." Charge III. — "Accessory after the fact to murder." Specification. — "In that a band of outlaws to the number of six, more or less, whose names are unknown, at or near Pasay, Luzon, P. I., a place then, as now, under the military government of the L^nited States on or about the 3d day of October, 1900, a time then, as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought kill and murder one Marcelo Bias, a native, by striking him, the said Marcelo Bias, with dangerous sharp-edged weapons, the exact description of which are unknown, then and there had and held in the hands of the members of the said band, inflicting wounds therewith on the person of the said Marcelo Bias, whereof he, the said Marcelo Bias, then and there died; and that he, Lucas Claudio, a native, afterwards on or about the 3d day of October, 1900, and other and later dates, at or near the said Pasay, well knowing the said members of the said band and each of them to have done and committed the said felony and murder in the form aforesaid, did feloniously receive, harbor, and maintain members of the said band." Charge IV. — " Accessory after the fact to kidnaping." Specification. — " In that a band of outlaws to the number of six, more or less, one of whom is known as Perfecto Flores, and the names of the others of which are unknown, at or near Pasay, Luzon, P. I., a place, then as now, under the military government of the United States, on or about the 3d day of October, 1900, a time, then as now, of insurrection against the lawful authority of the United States, did forcibly and feloniously seize, bind, and carry away against his will one Domingo Tancio, a native, and that he, Lucas Claudio, a native, on or about the said 3d day of October, 1900, at or near the said Pasay, after the commission of the said felony, well knowing the said band of outlaws to have committed the same in manner and form aforesaid, did feloniouslv receive, harbor, and maintain the members of the said band." Charge V. — "False imprisonment." Specification. — "In that he, Lucas Claudio, a native, at or near Pasay, Luzon, P. I., 268 charges' OF CKUELTT, etc., to FILIPINOS. a place, then as now, under the mihtary government of the United States, on or about the 3d day of October, 1900, a time, then as now, of insurrection against the lawful authority of the United States, did receive from a band of outlaws, of the number of six, more or less, one Domingo Tancio, a native, who had theretofore been unlawfully and feloniously kidnapped by the said band, as the said Lucas Claudio then and there well knew, and him, the said Domingo Tancio, without any lawful authority or excuse, did detain, restrain, and falsely imprison for the space of three and one-half months next following, more or less, until on or about the 21st day of January. 1901." Charge VI. — "Guerrilla warfare, in violation of the laws of war." Specification. — "In that he, Lucas Claudio, a native, at or near Pasay, Luzon, P. I., a place, then as now, under the military government of the L^nited States, at various times during the year 1900, a time, then as now, of insurrection against the lawful authority of the United States, conspiring and consorting with a l)and of armed out- laws to the number of six, more or less, whose names are unknown, did resist and defy the lawful authority of the L^nited States, and direct, aid, and excite expeditions against the said lawful authority and against peaceful natives friendly to the United States, on one of which said expeditions, on or about the 3d day of October, 1900, one such friendly native. Marcelo Bias, was killed and murdered, and another such friendly native, Domingo Tancio, was seized, bound, and carried away against his will by the said band." CharCtE VII. — "Combining and conspiring with insurgents in violation of the laws of war." Specification. — "In that he, Lucas Claudio, a native, at or near Pasay, Luzon, P. I., a place, then as now, under the military government of the I'nited States, on or about the 3d day of October, 1900, and at other times during the year 1900, a time and times, then as now, of insurrection against the lawful authority of the United States, did combine and conspire with certain insurgents whose names are unknown, to resist and defy the sovereignty and authority of the United States, and to offer resistance to the troops of the United States in the pro\dnce of ^Manila and elsewhere in the island of Luzon. Plea.— "Xot guilty." FixdixCt. — Of the tirst specification, first charge, "guilty; " of the second specifica- tion, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "not guilty;" of the second charge, "not guilty;" of the specification, third charge, "guilty;" of the third charge, "guilty;" of the specification, fourth charge, ' ' guilty ; " of the fourth charge, ' ' guilty ; " of the specification, fifth charge, ' ' guilty ; ' ' of the fifth charge, "guilty;" of the specification, sixth charge, "guilty;" of the sixth charge, "guilty;" of the specification, seventh charge, "guilty;" of the seventh charge, "guilty." Sentexce. — And the commission does therefore sentence him, Lucas Claudio, native, "to be confined at hard labor at such place or places as the reviewing authority may direct for twenty (20) years." In the foregoing case it appears by the evidence that the accused, Lucas Claudio, was a lieutenant of insurgents living as an ordinary citizen in the environs of Manila at Pasay, and in a neighborhood noted for the treasonable and turbulent character of its residents; that his band of ununiformed followers on about the 3d day of October, 1900, lay in wait for two natives who were returning in the evening from their day's work as tailors for the American garrison of Pasay Barracks, and seizing them killed one upon the spot and took the other to the house of the accused, where under threats of death if he complained to the authorities or left the premises he was practically deprived of his liberty and made to work at his trade for his captors for several months and mitil the band was broken up by the police force of Manila. That in this and other criminal acts the accused is guilty as found by the commis- sion there is no reasonable doubt. It is to be noted, however, that, under the facts alleged, the charge of treason, rarely resorted to in the L^nited States, is both unneces- sary and unadvisable. Every shade of crime committed by those engaged in rebellion and insurrection against the authority of the I'nited States may be defined under the laws of war without the formal charge of treason. So much of the proceedings as relate to the first charge is therefore disaj^proved. The sentence, approved by the department commander, is confirmed, and will be duly executed at the Presidio de Manila, to which the prisoner will be sent under proper guard. Bv command of Maior-General Chaffee: W. P. Hall, Assistant Adjutant- General. CHARGES OF CRUELTY, ETC., TO FILIPIT^OS. 269 Headquarters Division of the Philippines, Manila, P. I., Septemher U, 1901. General Orders, Xo. 279. Before a military commission which convened at San Isidro, Province of Xeuva Ecija, P. I., jnirsuant to paragraph 3, Special Ordei'S, Xo. 171, Headquarters Depart- ment of Xorthern Luzon, October 17, 1900, and of which Captain Henry G. Lyon^ 22d U. S. Infantry, was president, and 1st Lieutenant Richard C. Day, 34th Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried: I. Diego de Guzman, native. Charge I. — " Murder." Speciticatioii. — '^ In that Diego de Guzman, native, styling himself captain of insur- gents, in company of and consorting with a band of outlaws, numbering five, more or less, said band acting under his orders, did willfully, feloniously, and with malice aforethought kill and murder Cristina Zaj^anta Lopez, and Generosa Lopez, the wife and daughter respectively of Prudencio Lopez, sergeant of police of San Isidro, Xueva Ecija, P. L, by stabbing the said Cristina Zapanta Lopez and Generosa Lopez with bolos held in the hands of the said band acting under the orders of the said Diego de Guzman, inflicting wounds therewith, whereof the said Cristina Zai:)anta Lopez and Generosa Lopez then and there died. This on or about the 7th day of January, 1901, a time of insurrection, at or near the barrio of San Nicolas, pueblo of San Isidro, Xueva Ecija. P. I., a place within the territory of active military operations.'^ Charge II.— "Abduction." Specification. — "In that Diego de Guzman, native, styling himself captain of insur- gents, in company of and consorting with a band of outlaws, numbering five, more or less, said band acting under his orders, did by force and fear and against their will and consent, seize and carry away Cristina Zapanta Lopez and Generosa Lopez, the wife and daughter respectively of Prudencio Lopez, sergeant of police of San Isidro. Nueva Ecija, P. I. This on or about the 7th day o^ January, 1901, a time of insurrection, at or near the barrio of San Xicolas, pueblo of San Isidro, Xueva Ecija, P. L, a place within the territory of active military operations." Charge HI. — " Guerrilla warfare in violation of the laws of war." Spedjication. — "In that Diego de Guzman, native, styling himself captain of insur- gents, and commanding a band of armed outlaws, to the number of five, more or less, did wage guerrilla warfare against the authority of the Ignited States. This in the province of Xueva Ecija, P. I., a territory in insurrection against the authority of the United States, and in the theater of active military operations, during the months of January, February, March, and April, 1901. Plea. — To the specification, first charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "not guilty;" to the second charge^ "not guiltv;" to the specification, third charge, "guiltv;" to the third charge, "guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Diego de Guzman, native, "to be hanged by the neck until dead, at such time and jjlace as the review- ing authority may direct, two-thirds of the commission concurring therein." II. Feliciano Borja, native. Charge I. — "Murder." Spedjication. — "In that Feliciano Borja, native, in company of and consorting with a band of outlaws, to the number of five, more or less, did willfully and with malice aforethought kill and murder Cristina Zapanta Lopez and Generosa Lopez, wife and daughter respectively of Prudencio Lopez, sergeant of police of San Isidro, Xueva Ecija, P. L, by stabbing them, the said Cristina Zapanta Lopez and (ienerosa Lopez, with bolos, held in the hands of the said Feliciano Borja, and in the hands of the members of the said band, inflicting wounds therewith, whereof the said Cristina Zapanta Lopez and Generosa Lopez then and there died. This on or about the 7th day of January, 1901, at or near the barrio of San Nicolas, pueblo of San Isidro, Nueva Ecija, P. I., in time of insurrection and in the theater of active military operations." Charge II. — "Abduction." Specification. — "In that Feliciano Borja, native, in company of and consorting with a band of armed outlaws, to the number of five, more or less, did by force and fear, and against their will and consent, seize and carry away Cristina Zapanta Lopez, and Generosa Lopez, the wife and daughter respectively, of Prudencio Lopez, sergeant of police of San Isidro, Nueva Ecija, P. I. This on or about the 7th day of January, 1901, at or near the barrio of San Nicolas, pueblo of San Isidro, Nueva Ecija, P. I., in time of insurrection and in the theater of active military operations." Charge III. — "Guerrilla warfare in violation of the laws of war." Specification. — "In that Feliciano Borja, native, was a member of a band of ununi- 270 CHARGES OF CRUELTY, ETC., TO FILIPINOS. formed outlaws engaged in resisting the authority of the United States. This in the Province of Nueva Ecija, P. I., during the months of Januar}^ and February, 1901, a time and place of insurrection and in the theater of active military operations." Plea. — To the specification, hrst charge, "not guilty;" to the first charge, "not guilty;" to the specification, second charge, "not guilty;" to the second charge, "not guilty;" to the specification, third charge, "guilty;" to the third charge, "guilty." Finding. — Of the specification, first charge, "guilty, excepting the words 'in the hands of the said Feliciano Borja, and,' and of the excepted words not guilty;" of the first charge, ' ' guilty ;" of the specification, second charge, ' ' guilty ;' ' of the second charge, "guilty;" of the specification, third charge, "guilty;" of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, Feliciano Borja, native, "To be hanged by the neck until dead, at such time and place as the leview- ing authority may direct, two-thirds of the commission concurring therein." In the foregoing case it appears that these accused, Diego de Guzman and Feliciano Borja, in company of a band of outlaws, of which the former was leader, seized and carried away to the fields, near the barrio of San Nicolas, Nueva Ecija, the wife and daughter of the sergeant of police of San Isidro, and killed and murdered these two women by cutting and stabbing them w4th bolos. It further appears by the evidence in the case of the accused, Diego de Guzman, that the dead bodies of two men, one a cousin and the other a coachman of the ser- geant of police, were found lying dead with the bodies of the murdered women. From this fact the conclusion is forced upon the mind that these men were killed by violence and for the same motive which inspired the murder of the women, to wit, to inflict an appalling vengeance upon a man who had taken office under American authority. The duty of the United States to protect its public servants in the lawful execution of their duties, and the necessity of restraining the criminal propensities of those who seek revenge upon men by killing the helpless and unoffending members of their households, a crime common only to the most barbarous tribes, call for the severest penalties of the law. These accused are also charged with and plead guilty to carrying on guerrilla war- fare, being members of an ununiformed band of outlaws operating within the lines of the United States Torces. The sentences, approved by the department commander, are confirmed and will be duly executed against these accused, Diego de Guzman and Feliciano Borja, and each of them, at San Isidro, Nueva Ecija, Luzon, P. L, on the first (1st) day of Novem- ber, A. D. 1901, under the direction of the commanding general. Department of Northern Luzon. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquaetees Division of the Philippines, Manila, P. /., September 16, 1901. General Orders, No. 281. Before a military commission which convened at Laoag, Uocos Norte, Luzon, P. L, pursuant to paragraph 2. Special Orders, No. 98, Headquarters Department of Northern Luzon, April 10, 1901, and of which Capt. Robert W. Mearns, 20th U. S. Infantry, was president, and Capt. George H. Estes, 20th U. S. Infantry, was judge- advocate, was arraigned and tried Wenceslao, alias Estanislao Rosales, a native. Chaege. — ' ' Murder. ' ' Specification. — "In that Wenceslao, alias Estanislao Rosales, native, on or about April 17, 1900, then as now a time of insurrection, at or near San Nicolas, province of Ilocos Norte, P. I., a place then as now under the military government of the United States, in company of and consorting with others armed with bolos and fire- arms did willfully, feloniously, and with malice aforethought kill and murder the following-named police of Laoag, Ilocos Norte, P. I., viz: Eugenio Tomayo, Eduardo Pata, and Salvador Gorospo, all natives, by stabbing and cutting them with bolos held in the hands of members of said band, inflicting wounds from which the said police- men above named then and there died." Plea.— "Not guilty." Finding. — Of the specification, "guilty, except the words 'bolos and,' and 'stab- CHARGES OF CEUELTY , ETC., TO FILIPINOS. 271 bing and cutting them with bolos held in the hands of members of said band, inflicting wounds from,' substituting for the latter the words 'throwing them in a well, and afterwards filling said well with earth, from the effects of,' of the excepted words not guilty, and of the substituted words guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, the said AVenceslao, alias Estanislao Rosales, "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, all of the members concurring therein." In the foregoing case it appears that this accused, Estanislao Rosales, about April 17, 1900, in company of an armed band of outlaws, seized and bound three native policemen who had "been sent from Laoag to San I*sicolas, Ilocos Xorte, on duty, there took them before a priest to be confessed and then flinging them alive into a well, filled up the same with dirt, thus causing their death. Their acceptance of service under American rule is the apparent motive for their barbarous murder. The sentence, approved by the department commander, is confirmed and will be duly executed against the accused, Estanislao Rosales, at San Xicolas, Ilocos Xorte, Luzon, P. L, on the eighth (8th) day of Xovember, A. D. 1901. under the direction of the commanding general. Department of Xorthern Luzon. Bv command of 2^Iajor-General Chaffee. W. P. Hall, As-nstant Adjutant- General. Headquartees Division of the Philippines, Manila, P. J., September 16, 1901. General Orders, X'o. 282. Before a military commission which convened at ^lalabon, ^Manila province, Luzon, P. I., pursuant to paragraph 5, Special Orders, Xo. 156, Headquarters Department of Xorthern Luzon, June 8, 1901, and of which Maj. William H. Cook, surgeon, U. S. Vols., was president, and First Lieut. Paul Giddings, 3d L'. S. Infantry, was judge- advocate, were arraigned and 'tried: Maximo Maricaban and Feliciano Samson, natives. Charge. — " Murder. ' ' Specification. — "That on the 2d day of October, 1900, then as now a time of insur- rection, at the sitio of Cayalboc, about three (3) miles south of the pueblo of Anti- polo, province of Morong, Island of Luzon, P. I., a place then as now under the military occupation and government of the United States, Maximo Maricaban and Feliciano Sampson, natives and residents of the pueblo of Antipolo, province of Morong, P. I., armed with bolos, did feloniously, wilfully, and with malice afore- thought, murder and kill one Atanacio Gatlabayan, a native and resident of the pueblo of Antipolo, province of ^Nlorong, P. I., by then and there cutting the said Atanacio Gatlabayan with bolos held in the hands of the said Maximo Maricaban and Feliciano Samson, then and there inflicting upon the said Atanacio Gatlabayan divers cuts and wounds by reason of which said cuts and wounds the said Atanacio Gatlabavan then and there died." Plea.— "Xot guilty." Findings. — Maximo Maricaban: Of the specification, "guilty, excepting the words, 'on 2d day of,' substituting therefor the words 'on or about the 2d day of, ' of the excepted words not guilty, and of the substituted words guilty." Of the charge "guilty." Feliciano Samson: "Xot guilty." Sentence. — And the commission does therefore sentence him, the said Maximo Maricaban, native, " To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds (f) of the commission concurring therein. ■ And the commission does therefore "acquit" him, the said Feliciano Samson, native. In the foregoing case it appears that the accused Maximo ISIaricaban and deceased were rivals for the favor of a woman, and the accused, in revenge for a blow received at the hands of deceased some days previously, laid in wait in the rice fields for Atanacio Gatlabayan, and on the approach of the latter sprang out and boloed him to death. The sentence, approved by the department commander, is confirmed, but is com- muted to imprisonment at hard labor for the period of thirty (30) years. As thus commuted the sentence will l)e duly executed at the Presidio de Manila, to which the prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistayit Adjutant- General. 272 CHARGES OF CKUELTY. ETC., TO FILIPINOS. Headquarters Division of the Philippines, Manila, F. /., September 20, 1901. General Orders, Xo. 285. Before a military commission Avhich convened at Palanoc, island of Masbate, P. I.^ pursuant to paragraph 5, Special Ordei-s, Xo. 11, Headquarters Department of South- ern Luzon, January 11, 1901, and of which Captain Abner Pickering, 2d U. S. Infantry, was president and Captain Peter E. ^larquart, 2d U. S. Infantry, was judge- advocate, was arraigned and tried Acacio Bilan, a native. Charge I. — "(Uving intelligence to the enemy, in violation of the laws of war." Spec ijicat ion. — "In that he, Acacio Bilan, native, while acting in the capacity of lieu- tenant of the Imrrio of Daraga, island of Masbate, P. I., then as now under the military jurisdiction of the military forces of the United States, did send intelligence to the enemy of the approach and proximity of the American soldiers, thus enabling the enemy to elude the forces sent after them. This in time of insurrection, at or near Daraga, island of ]\Iasbate, P. I., during the months of April and May, 1901." CharCtE II. — •' Eelieving the enemy, in violation of the laws of war." Specijicatiou. — "In that he, Acacio Bilan, native, while acting in the capacity of lieutenant of the liarrio of Daraga, island of Masbate, P. I., did relieve the enemy by giving them victuals, rice, fish, and camotes. This at or near Daraga, island of Masbate, P. I., then as now under the military jurisdiction of the United States, in the time of insurrection, dm'iug the months of April and May, 1901." Charge III. — " Violation of oath of allegiance in violation of the laws of war." Specification. — "In that Acacio Bilan, native, having been duly and regularly elected and appointed lieutenant of the barrio of Daraga (barrio of the town of Placer) , and having taken the oath of allegiance to the United States, did violate same by relieving and harboring the enemies thereof and givmg them assistance and information against the United States forces acting to subdue said enemies. This in time of insurrection, during the months of April and May, 1901, at or near Daraga, island of Masbate, P. I., then as now under the jurisdiction of the military forces of the United States. " Plea. — "Xot guilty.'.' Finding. — " Guilty." Sentence. — And the commission does therefore sentence him, the said Acacio Bilan, native, "to be confined at hard labor, at such place as the reviewing author- ity may direct, for a period of twenty-five years." In tlie foregoing case of Acacio Bilan, native, it appears by the evidence that the accused, while intrusted with the duties of the office of lieutenant of the barrio, allied himself with and by voluntary contributions of food supplies, encouraged the depredations of a band of outlaws, shared with them in their robberies and practi- cally became their patron and chief, thus using his office, not for the maintenance of good order and the protection of the property of the people, but for his own illicit gain. Allied as all outlaw bands are with the so-called insurgent forces, which resort to the same means of extorting contributions and taking needed supplies of live stock and other means of subsistence and assimiing to be insurgents, when such assumption best suited their purpose, and actually acting as their message bearers and allies, they are to all intents and purposes a component part of the irregular forces coming under the general definition of " the enemy" as alleged. Still in this case it would have been more in accord with the facts and hence better pleading to have alleged complicity with outlaws than acting with " the enemy." Subject to the foregoing remark, the proceedings and sentence, approved by the department commander, are confirmed and the sentence will be duly executed at the Presidio de Manila, to which the prisoner will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, ' Assistant Adjiitcmt- General. Headquarters Division of the Philippines, Manila, P. I., September 20, 1901. General Orders, Xo. 286. Before a military commission which convened at ^loncada, Tarlac Province of Luzon, P. I., pursuant to paragraph 7, Special Orders, Xo. 79, Headquarters Depart- ment of Xorthern Luzon, March 22, 1901, and of which Captain Charles AV. Abbot, jr., 12th U. S. Infantry, was president, and Captain George AV. Kirkman, 12th U. S. Infantry, was judge-advocate, were arraigned and tried Eucebio Tabelisma, Jose Gonzales, and Ambrosio Rosario, natives. CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 273 Charge. — ' ' Murder. ' ' Specification. — "In that Eucebio Tabelisma, Jose Gonzales, and Ambrosio Rosario, natives, and each of them, in company with one Bias Bonrostro (since dead), in the barrio of Aringin, pueblo of Moncada, province of Tarlac, Luzon, P. I., in territory then as now occupied by United States troops, and at a time then as now of insur- rection against the lawful authority of the United States, did willfully, feloniously, and with malice aforethought, kill and murder one Carlos Yasay, native, by stabbing and striking said native with bolos and poinard, held in the hands of the said Eucebio Tabelisma, Jose Gonzales, Ambrosio Rosario, and Bias Bonrostro (since dead), inflict- ing such wounds therewith that the said Carlos Yasay then and there died. This at the place above specified on the 26th day of April, 1901." Pleas.— "Not guilty." Findings. — Of the specification, "guilty, except the words 'Aringin' and 'poinard,' substituting for the word 'Aringin ' the word ' Culibat, ' and of the excepted words not guilty, and of the substituted word, guilty." Of the charge, "guilty." Sentence, — And the commission does therefore sentence him, the said Ambrosio Rosario, native, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission con- curring. ' ' And the commission does therefore sentence them, Eucebio Tabelisma and Jose Gonzales, natives, and each of them, "To be confined at hard labor, at such place as the reviewing authority may direct, for the remainder of their natural lives." In the foregoing case it appears that the accused, Ambrosio Rosario, actuated by private enmity against deceased, procured and induced, with potations of vino and promise of reward, Eucebio TalDelisma and Jose Gonzales, two of the accused, to sequestrate and convey to the fields one Carlos Yasay, and then and there killed him with bolos, all three of the accused participating and subsequently throwing the body of the victim into a well. The sentence, approved by the department commander, is confirmed and will be duly executed against accused, Ambrosio Rosario, at Moncada, Tarlac, Luzon, P. I., on the first (1st) day of November, A. D. 1901, under the direction of the command- ing general. Department of Northern Luzon. The sentence against Eucebio Tabelisma and Jose Gonzales, and each of them, will be duly executed at the Presidio de Manila, to which place these prisoners will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division op the Philippines, Manila, P. L, September ^6, 1901. General Orders, No. 291. Before a military commission which convened at Nueva Caceres, Camarines Sur, Luzon, P. L, pursuant to paragraph 2, Special Orders, No. 166, Headquarters Depart- ment of Southern Luzon, June 15, 1901, and of which Major Arthur Williams, 26th U. S. Infantry, was president, and Captain James A. Lynch, 28th U. S. Infantry, was judge-advocate, was arraigned and tried Francisco Braganza, a native. Charge I. — " Murder in violation of the laws of war." Specification. — "In that Francisco Braganza, native, while holding the rank of commandante of insurgent forces and having in his custody, as prisoners, Antonio Plana, Sebastian Nunez, Antonio Conjo, Manuel Lobo, and others, all Spanish sol- diers, to the number of one hundred and three, more or less, names of others unknown, said prisoners being guarded by insurgent soldiers, under the command of the said Francisco Braganza, did, willfully, feloniously, and with malice afore- thought, order and cause the said Spanish soldiers, then prisoners in his custody, to be bound to trees, and while in this defenseless condition did order, cause, and allow the said Antonio Plana, Sebastian Nunez, Antonio Conjo, Manuel Lobo, and others, all Spanish soldiers, to the number of one hundred and three, more or less, then pris- oners in his hands, to be killed and murdered by his, the said Francisco Braganza's soldiers, b}^ striking them with bolos and other sharp instruments, held in the hands of the said Francisco Braganza's soldiers, until all were dead, he, the said Francisco Braganza, being present in command, directing, aiding, abetting, and encouraging these acts. This on or about February 23, 1900, then, as now, a time of insurrection, at or near the barrio of Baliuag, pueblo of INIinalabag, Camarines Sur, Luzon, P. I., a place then, as now, under the military authority of the United States." S. Doc. 205, pt 2 18 274 CHAKGES OF CRUELTY, ETC., TO FILIPINOS.. Charge II. — " Violation of the laws of war." Specification. — "In that Francisco Braganza, native, while holding the rank of commandante of insurgent forces, did cause and allow the bodies of Antonio Plana, Sebastian Nunez, Antonio Conjo, Manuel Lobo, and others, to the number of one hundred and three, more or less, names of others unknown, all Spanish soldiers, murdered by his orders, to be mutilated, denuded of clothing, and left unburied to be devoured by the dogs in that vicinity, he, the said Francisco Braganza, being present, directing, and encouraging these acts. This on or about February 23, 1900, then, as now, a time of insurrection, at or near the barrio of Baliuag, pueblo of Minalabag, Camarines Sur, Luzon, P. I., a place then, as now, under the military authority of the United States." Charge III. — " Robbery in violation of the laws of war." Specification. — "In that Francisco Braganza, native, while holding the rank of commandante of insurgent forces, did take, steal, and carry away, or cause to be taken and delivered to him, all money, jewelry, and other valuables found on the persons of Antonio Plana, Sebastian Nuiiez, Antonio Conjo, Manuel Lobo, and others, to the number of one hundred and three, more or less, all Spanish soldiers, who were prisoners in his custody, and who were killed by his order, he, the said Francisco Braganza, being present, directing, and assisting in these acts. This on or about February 23, 1900, then, as now, a time of insurrection, at or near Baliuag, a barrio of the pueblo of Minalabag, Camarines Sur, Luzon, P. I., a place then, as now, under the military authoritv of the United States." Plea.— "Not guilty." Finding. — Of the specification, first charge, "guilty, excepting the w^ords *to trees,' and of the excepted words, not guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty;" of the specification, third charge, "guilty;" of the third charge, "guilty." Sentence. — And the commission does therefore sentence him, Francisco Braganza, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Francisco Braganza, native, it appears that this accused had been a lieutenant of police of San Fernando and recently appointed a major in the insurgent forces. That at Minalabag a party, by roll call, of one hundred and seventy-three Spanish prisoners, were delivered to him for the ostensible purpose of being conducted to a place of greater security from the approaching American troops. It appears that from high sources of authority, among the insurgent chiefs, the most stringent orders had been given to prevent their rescue by the Americans. At the time the accused took charge of these prisoners they were footsore, weary, and half starved; their hurried marching and large number apparently overtaxing the available means of support which the presidentes of the pueblos through which they passed had at their ready disposal. Apprehension of the sudden appearance of the American troops caused confusion and disorder among the guard and police which composed the escort, under the orders of the accused, w^ho, on the 23d day of February, 1900, the morning following the day he assumed charge of the escort, proceeded to have the arms of his prisoners bound at the elbows with cords draw^n across their backs, so as to render them comparatively helpless. This was the first act of unmistakable indignity imposed upon the prison- ers, who, up to this time, had been treated with some kindness. Knowing the habits of the people in whose hands they were, to bind and make helpless one doomed to death, the prisoners must have readily interpreted its sinister meaning. The next act of the accused was to cause the prisoners to be searched for money and valuables and to appropriate the lion's share to himself. The prisoners were then told off in detachments of ten men, more or less, with a suitable guard placed over each. They were then conducted to the rice fields, a short interval being preserved between the detachments. At a preconcerted signal, the blowing of a whistle by accused, the guards fell upon their victims and slaughtered them with daggers, bolos, clubs, and spears; the accused standing by, encouraging, directing, and urging on the barbarous assault. Those of the victims who were strong enough, bound as they were, made a break for liberty, and accused ordered them pursued and killed. On the following morning it was reported to accused that thirty of the escaped prisoners had been recaptured at Lupi, whereupon he proceeded there, ordered them bound, conveyed to the woods, and again the scenes of the preceding day were enacted. Returning to Lupi, accused found another party of his recaptured victims, and these, in turn, were bound and led to death. Such are the established facts in the foregoing case, offset by a weak, ineffective, and wholly unconvincing attempt on the part of the accused to prove an alibi. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 275 From official records it appears that about one-half of the prisoners escaped and, after devious wanderings under cover of the tropical vegetable growth and wooded lands, in small parties and after much suffering finally reached safety within the American lines. In this relation it is deemed fitting to cite the now historical fact that the chiefs of the insurrection, in pursuance of a deliberate policy, did their utmost to prevent the United States from fulfilling its desire and assumed obligation to employ its best efforts to return Spanish prisoners in the hands of these chiefs to Spain. In what manner this cruel policy could serve the cause of the insurrection passes ordinary comprehension. This much is true, however: out of the spirit of this policy and the stringent orders issued to their subordinates, that they should by all means in their power prevent the rescue of Spanish prisoners by the American troops, sprang the motive for a crime in which they must bear a full share in the responsibility. That these chiefs made the act of the accused their own is evidenced by the fact that they did not bring him to trial therefor, nor cease to continue him in office, thereby in effect extending to him their approbation and confidence. In this, it is believed, they betrayed the better sentiments of the Filipino people and demonstrated their lack of comprehension of the means of governing humanely and wisely. History will surely record against them large responsibility for this, the most barbarous and revolting massacre of helpless prisoners known to the modern history of war. The sentence, approved by the department commander, is confirmed, and will be duly executed at Nueva Caceres, Camarines Sur, Luzon, P. I., on the 15th day of November, A. D. 1901. under the direction of the commanding general. Department of Southern Luzon. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarteks Division of the Philippines, Manila, P. L, September 26, 1901. General Orders, No. 292. Before a military commission which convened at San Fernando, Pampanga, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 203, Headquarters Department of Northern Luzon, July 27, 1901, and of which Major George H. Paddock, 5th U. S. Cavalry, was president, and 2d Lieutenant Burton J. Mitchell, 22d U. S. Infantry, was judge-advocate, were arraigned and tried: I. Timoteo Dhalan, alias Doroteo del Rosario, a native. Charge. — ' ' Murder. ' ' Specification 1. — "In that he, Timoteo Dhalan, alias Doroteo del Rosario, native, 'comandante' of the so-called insurgent forces, did issue orders, both written and verbal, to his subordinate, one Manuel Gonzales, native, a lieutenant of insurgents, to execute one Jose Buencamino, native, presidente of the pueblo of San Miguel de Mayumo, Province of Bulacan, said Jose Buencamino being at that time a prisoner in the hands of the aforementioned Manuel Gonzales, in obedience to which order said Manuel Gonzales did deliver Jose Buencamino to a band of men, about six in number, by whom said Jose Buencamino was then and there killed by a dagger held in the hand of one Regino Cervantes, a member of said band. This feloniously and with malice aforethought, at or near the sitio of Bisal, jurisdiction of the pueblo of Baliuag, province of Bulacan, Philippine Islands, on or about the 4th day of Novem- ber, 1900, this being in time of insurrection against the authority of the L^nited States, and in a region the scene of active military operations." Specification 2. — "In that he, Timoteo Dhalan, alias Doroteo del Rosario, native, a ' comandante ' of the so-called insurgent forces, did issue orders, both written and verbal, to his subordinate, one Manuel Gonzales, native, a lieutenant of insurgents, to execute five American soldiers held as prisoners in the hands of said Gonzales, to wit, Private John T. Hickman, Co. B, 3oth Infantry, U. S. Y. ; Private William A. Smith, Co. C, 35th Infantry, U. S. V.; Private Hamlet Jarvis, Co. C, 35th Infantry, U. S. v.; Private Elmer Dane, Co. E, 35th Infantry, U. S. V.; and Private Frank H. AVilson, Co. E, 35th Infantry, U. S. V. ; and that said Gonzales, acting in compliance with the aforesaid order of Timoteo Dhalan, alias Doroteo del Rosario, did instruct one Clemente de la Cruz, native, a sergeant of Gonzales's band of guerrillas, to put to death the aforementioned American soldiers, which order was there carried out by said Clemente de la Cruz, he, accompanied by five insurgent soldiers, more or less, conducting the aforementioned American prisoners into the Candaba swamp, wliere they were killed with bolos held in the hands of Clemente de la Cruz and the five, 276 CHARGES OF CRUELTY, ETC., TO FILIPINOS. more or less, men who accompanied them. This feloniously and with malice afore- thought, at or near the sitio of Bisal, jurisdiction of the pueblo of Baliuag, Province of Bulacan, Luzon, Philippine Islands, on or about the 4th day of November, 1900, in time of insurrection against the authority of the United States and in a region the scene of active military operations." Plea.— "Not guilty." Finding. — Of the first specification, ' ' guilty. ' ' Of the second specification, ' ' guilty, except the word 'bolos,' and substituting therefor the word 'daggers,' and of the excepted word not guilty, and of the substituted word guilty." Of the charge, ''guilty." Sentence. — And the commission does, therefore, sentence him, Timoteo Dhalan, alias Doroteo del Rosario, "to be hanged by the neck until dead, two-thirds of the commission concurring therein, at such place and time as may be designated by the reviewing authority." In the foregoing case of Timoteo Dhalan, alias Doroteo del Rosario, it appears that the accused was a major of guerrillas of the so-called insurgent forces; that on the 30th day of October, 1900, one of his subordinates, First Lieut. Manuel Gonzales, successfully ambushed a detachment of the 35th Infantry, U. S. V. , taking five sol- diers prisoners, and with the prisoners one Seiior Jose Buencamino, presidente of San Miguel de Mayumo. The accused, having had report of the foregoing, sent orders to his subordinate, which appear by translated copies below: ' ' Seiior First Lieut. Manuel Gonzales and Capt. Dionisio Santos : "Inside of twelve hours you will report to me what has happened in the ambus- cade that you have done; at what hour, in which place, how many they were, how many rifles captured, and also prisoners, and if Jose Buencamino, of San Miguel, was with them. With great care you will obey the following: "First. Separate Jose Buencamino from the Americans, and with these Americans do as if you were to take them to the general; but when you reach the tall grass do with them what we are accustomed to do; but I strictly recommend you not to let anyone know, even to our soldiers, but to those of much confidence and with the lips shut. "Second. To Jose Buencamino do with him what you know the suffering of the reason in a hidden place, and take great care with the woman, so she may not escape. "Third. Once you have done all these, give me a report of all that has happened in the ambuscade, so I may make the report to the general; what captains and officers were present, so that I may make the recommendations. "God keep your life many years. "The chief major of the guerrillas: (Sgd.) "Timoteo Dhalan. "Now November 1, 1900." Three days later the accused sent the following: " Seiior First Lieut. Manuel Gonzales: "I have received your communication for Captain Santos, and when you receive this you will obey, without excuse, the following: ' ' First. Once the prisoners are in the place where the enemy do not pass do with them what I have ordered; but no one must know, even many soldiers; only those who will do it; do not use bullets, but daggers. Buencamino must not know of this. "Second. If Buencamino would request you anything, treat him well and that I will go there very soon; but you are responsible if he escapes. What you are going to do with the prisoners should be far from Buencamino, and he must not know. "Third. Give to each of our soldiers undershirts. "Fourth. I repeat you again that to hide Buencamino well, also our rifies; sepa- rate them from the places where the enemy pass, so that they may not be captured. Hereafter you should be more careful. ' ' You will receive five pesos for the soldiers. "(Tod keep your life many years. "The chief major of the guerrillas: (Sgd.) "T. Dhalan. "Now November 3, 1900. "P. S. — What you should tell Buencamino is that the prisoners will be taken to the general; but do what I have ordered." The accused entered his bare denial of the authenticity of these orders, but his proven signature by witnesses familiar with it, and oral testimony sufficient of itself to convict him beyond all reasonable doubt of having conceived and ordered the consummation of the murder of his helpless victims. His open appeal to the base CHARGES OF CRUELTY. ETC., TO FILIPINOS. 277 instincts of his soldiers by promising reward for the execution of his inhuman com- mand aggravates his offense and marks the accused as one so lost to the better instincts of his race as to preclude any appeal to clemency. The sentence, approved by the department commander, is confirmed, and will be duly executed at Baliuag, Bulican, Luzon, P. I., on the eighth (8th) day of Novem- ber, A. T). 1901, under the direction of the commanding general, Department of Northern Luzon. II. Manuel Gonzales, a native. Chaege I. — " Violation of parole." Specification. — "In that he, Manuel Gonzales, native, having, on or about the 12th day of May, 1900, at or near San Ildefonso, Province of Bulacan, voluntarily given to 2d Lieutenant L. S. Chappelear, 35th Infantry, United States Volunteers, a written parole in the following words: "I, Manuel Gonzales, second lieutenant, company of guerrillas. Battalion of Bulacan, of the revolutionary army of the Filipinos, of the brigade of General Gregorio del Pilar, pledge my word of honor not to serve during the existing insur- rection or to take up arms against the United States of America at any time in the future. (Sgd.) "Manuel Gonzales." did feloniously and with malice aforethought again take up arms against the United States, and did, in command of a band of armed men — thirty, more or less — on the 30th day of October, 1900, attack a detachment of United States troops acting as escort for Jose Buencamino, native, presidente of the pueblo of San Miguel, Province of Bulacan, wounding and capturing said Jose Buencamino, killing one American soldier, wounding two others, and carrying five away into captivity. This, near Maasin River, Province of Bulacan, P. L, on or about the 30th day of October, 1900, in time of insurrection against the authority of the United States, and in a region the scene of active militarv operations." Charge II.~" Murder." Specification. — "In that he, Manuel Gonzales, native, having in his power and pos- session as prisoners of war, five American soldiers, to wit: Private John T. Hickman, Co. B, 35th Infantry, U. S. Y.; Private William A. Smith, Co. C, 35th Infantry, L". S. V. ; Private Hamlet Jarvis, Co. C, 35th Infantry. U. S. Y. ; Private Elmer Dane, Co. E, 35th Infantry, U. S. V., and Private Frank H. Wilson, Co. E, 35th Infantry, L^. S. v., did order one Clemente de la Cruz, native, a sergeant of the band of guer- rillas under his command, to conduct the aforesaid prisoners to a secluded spot and put them to death, which order was carried out by the said Clemente de la Cruz, he with five companions, more or less, conducting them with their arms pinioned into the Candaba swamp, and did then and there kill and murder them with sharp instru- ments called bolos, held in the hands of Clemente de la Cruz and the five, more or less, men who accompanied him. This feloniously and with malice aforethought, at or near the sitio of Bisal, jurisdiction of the pueblo of Baliuag, province of Bulacan, Philippine Islands, on or about the 4th day of November, 1900, in time of insurrec- tion against the authority of the United States, and in a region the scene of active militarv operations." Plea"'.— "Not guilty." Finding. — Of the specification, first charge, "guilty;" of the charge, "guilty;" of the specification, second charge, "guilty, excepting the word 'bolos' and substituting therefor the word 'daggers,' and of the excepted word, not guilty, and of the sub- stituted word, guilty;" of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Manuel Gonzales, native, "to be hanged by the neck until he is dead, two-thirds of the commission concurring therein, at such time and place as the reviewing authority may designate." In the foregoing case of Manuel Gonzales, the accused, in his trial, admitted that he had taken the oath of allegiance to the L^nited States and afterwards accepted the office of first lieutenant in the insurgent forces. That thereafter, with his followers, he successfully ambushed a detachment of American soldiers, killing one, wounding others, and taking five prisoners of war. A few days later, in obedience to the written orders of his superior officer, one Timoteo Dhalan, he caused these prisoners and a native, Sefior Jose Buencamino, to be killed. To these orders, which appear of record, the accused avers that he sent a written protest to said Dhalan to the effect that the killing of his prisoners would be contrary to the laws of war. By this state- ment the accused disclosed the fact of his knowledge that the order given him was illegal. His plain duty therefore, was to refuse obedience; and no fact appears of record to negative the conclusion that he also well knew such an act of barbarism was contrary to the general instructions of the common superiors of himself and ]\rajor Dhalan. 278 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. Faithless to the sworn obligation not to take up arms against the United States, and recreant to those principles of humanity that distinguish the civilized man from the savage, the accused has debarred himself from appealing to the clemency of the commanding general, who can not and will not save from merited punishment those of the enemy who, having the soldiers of his army in their hands as helpless prison- ers of war, forget the part of an honorable enemy and resort to the cowardly methods of the assassin to destroy the lives of such prisoners, or of natives friendly to the United States. The sentence approved by the department commander is confirmed, and will be duly executed at Baliuag, Bulacan, Luzon, P. I., on the eighth (8th) day of Novem- ber, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. III. Clemente de la Cruz, a native. Charge. — "Murder." Specification. — " In that he, Clemente cle la Cruz, a sergeant of a band of guerrillas commanded by one Manuel Gonzales, native, did, in company with five or more other natives, whose names are unknown, feloniously and with malice aforethought,^ kill and murder five American soldiers, to wit: Private John T. Hickman, Co. B, 35th Infantry, U. S. V. ; Private William A. Smith, Co. C, 35th Infantry, U. S. V. ; Private Hamlet Jarvis, Co. C, 35th Infantry, U. S. V. ; Private Elmer Dane, Co. E, 35th Infantry, U. S. V., and Private Frank H. Wilson, Co. E, 35th Infantry, U. S. V., held as prisoners of war in the hands of the aforesaid Manuel Gonzales, by striking and cutting them, the aforesaid American soldiers, with sharp instruments called bolos, from the effects of which they then and there died. This at or near the sitio of Bisal, jurisdiction of the pueblo of Baliuag, province of Bulacan, Philippine Islands, on or about the 4th day of November, 1900. This being in time of insur- rection against the authority of the United States and in a region at that time the scene of active militarv operations." Plea.— "Not guilty?' Finding. — Of the specification, "guilty, except the word 'bolos,' substituting therefor the word ' daggers, ' and of the excepted word not guilty, and of the substi- tuted word guilty." Of the charge, "guilty." Sentence. — And the commission does therefore sentence him, Clemente de la Cruz, native, "to be hanged by the neck until dead, two-thirds of the commission concur- ring therein, at such time and place as the reviewing authority may designate." In the foregoing case of Clemente de la Cruz it appears from the evidence that the accused was a sergeant in the insurgent forces and was given charge of a detachment of six men, with orders to conduct to a safe distance from the public highway five American prisoners, taken captive by a successful ambuscade two or three days pre- viously, and to kill said prisoners with daggers or bolos. In obedience to his orders, willingly and unhesitatingly undertaken, the accused bound the arms of his appointed victims behind their backs, and taking them to a distance of about four and one-half miles from camp into a marsh known as the Candaba swamp, then and there caused his men to assail them with their bolos until they were dead. The accused admitted in open court the essential facts of the murder in language to the import of the foregoing, but pleaded the order of his company commander. Lieutenant Gonzales, to relieve him of responsibility. He admitted that he knew that order "to be bad," but " was afraid not to obey;" was afraid he " would get a hard punishment, ' ' and ' ' might have been shot. ' ' He also admitted that he never saw or heard of a Filipino soldier being punished with death for disobedience of orders. If the plea of obedience to unlawful orders to kill prisoners of war were held to be sufficient to exculpate the accused from criminal responsibility in this case, then his lieutenant, who gave him the order, can successfully plead the order of the major, who in turn gave the order to the lieutenant, and so the chain of criminal responsi- bility be carried backward until lost in the mazes of doubt regarding the origin of the order in the mind of some unknown chief assassin in high place, and so all the guilty parties escape punishment for their inhuman crime. The proneness of the outlaw chiefs of insurgents in some zones of operations to kill their prisoners, natives or Americans, and the criminal character of their follow- ers, call for drastic remedies. The commanding general owes to the soldiers of his command the most effective means of protection in his power to save them from the murderous instincts of the assassin. Hence all may take warning that those who give orders to murder the soldiers of the United States Army, and all those who execute such orders, when their own lives are not in imminent deadly peril from the immediate presence of their officers, armed and ready to execute death upon them if they refuse obedience, shall not meet with pardon at his hands. CHARGES OF CRUELTY, ETC., TO FILIPITiTOS. 279 The sentence, approved by the department commander, is confirmed, but is com- muted to imprisonment at hard labor for the period of his natural life. As thus commuted, the sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Maior-General Chaffee: ^ W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L , September 28, 1901. General Orders, No. 296. Before a military commission which convened at Binalonan, Pangasinan, Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 159, Headquarters Department of Northern Luzon, June 11, 1901, and of which Captain James B. Goe, 13th U. S. Infantry, was president, and 1st Lieutenant Alexander M. Wetherill, 13th U. S. Infantry, was judge-advocate, was arraigned and tried: Pedro Mara, a native. Charge I. — ' 'Assault and battery with intent to do bodily harm." Specification. — "In that Pedro Mara, in company of and consorting with armed outlaws, to the number of ten, more or less, did, in time of insurrection, enter the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military operations, and did unlawfully seize and conduct therefrom, with intent to do bodily harm, Roman Docosin, Maximino Tabaldo, Severino Prado, Maximo Sabarboro, and Dolores Dingli, natives, lawfully residing in the said barrio. This at the place above specified, at about 10 p. m., February 17, 1900." Charge II.— "Murder." Specification. — "In that Pedro Mara, in company of and consorting with armed outlaws, to the number of ten, more or less, did willfully, feloniously, and wdth malice aforethought, murder and kill Roman Docosin, Maximino Tabaldo, Severino Prado, Maximo Sabarboro, and Dolores Dingli by shooting them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with guns and stabbing them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with lances and bolos held in the hands of the said Pedro Mara and of the said outlaws, inflicting wounds therewith whereof they, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, then and there died. This in time of insurrection, on or about February 17, 1900, at or near the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in the theater of military operations." Plea.— "Not guilty." Finding. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "guilty, excepting the words 'shooting them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with guns and ' ; and of the excepted words not guilty;" of the second charge, "guilty." Sentence. — And the commission does therefore sentence him, Pedro Mara, native, " to be confined at hard labor at such place as the reviewing authority may direct for a period of twenty (20) years." In the foregoing case it appears that the accused, Pedro Mara, was one of a band of outlaws (tulisanes) that entered the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., February 17, 1900, seized, bound, and carried to the fields four native men and one native woman, where they were then and there mur- dered with bolos and lances by members of said band. Although this accused is not shown to have personally struck any of the fatal blows, his criminal responsibiUty for the acts of the notorious associates with whom he was banded for purposes of robbery and murder, is conclusive in law. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall. Assistant Adjutan t- General. Headquarters Division of the Philippines, Manila, P. I., September 28, 1901. General orders, No. 297. Before a military commission which convened atlba, Zambales, Luzon, P. I., pur- suant to paragraph 4, Special orders, No, 148, He^^dquarters Department of Northern 280 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. Luzon, September 23, 1900, and of which Capt. Harry A. Leonhaeuser, 25th U. S. Infantry, was president, and 2d Lieutenant Harol D. Coburn, 25th L". S. Infantry, was judge-advocate, was arraigned and tried Toribio Muyano, a native. Charge. — "Murder." Specifcatioti. — "In that he, Toribio Muyano, a native of the Phihppine Islands, did willfully, feloniously, and with malace aforethought, kill and murder one Matias de Guzman, a native of the Philippine Islands, by stabbing and cutting the said Matias de Guzman with a bolo or other sharp instrument held in the hands of the said Toribio Muyano, inflicting wounds from which the said Matias de Guzman did then and there or presently after die; This at or near the barrio Longos, pueblo of Santa Cruz, Province of Zambales, Luzon, P. L, on or about the 17th day of Feb- ruary, 1901, during a time then, as now, of insurrection at a place then, as now, under the jurisdiction of the United States." Plea.— " Xot guilt V." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Toribio Muyano, a native "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case it appears that this accused, Toribio Muyano, while fishing in certain preserves under the care and charge of deceased at the barrio Longos, Santa Cruz, Zambales, was ordered to desist by deceased and threatened with prosecution for trespass. In a dispute which followed this accused killed deceased with a bolo. The accused fully confessed the part he took in the commission of this crime, and the degree of its premeditation fully justifies the sentence. The sentence, approved by the department commander, is confirmed, but, in accordance with his recommendation, is commuted to imprisonment at hard labor for the period of thirty years. As thus commuted, the sentence will be duly executed at the Presidio de Manila, to which the prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, October, 7, 1901. General Orders, Xo. 304. Before a military commission which convened at Gerona, Tarlac, Luzon, P. I., pur- suant to paragraph 7, Special Orders Xo. 79, Headquarters Department of Northern Luzon, March 22, 1901, and of which Captain Charles W. Abbot, jr., 12th U. S. Infantry, was president, and Captain George W. Kirkman, 12th Y. S. Infantry, was judge-advocate, were arraigned and tried: Juan Victoria, and Juan Tiano, natives. Charge I. — "Assault with intent to kill." Specification. — "In that Juan Victoria and Juan Tiano, natives, and each of them, did, make a violent assault upon Romano Debino, by cutting and stabbing him with bolos or other sharp instruments held in the hands of the said Juan Victoria and Juan Tiaiio, natives, with the intent then and there feloniously, wilfully and with malice aforethought, to kill and murder the said Romano Debino. This in time then, as now, of insurrection, and within the theatre of military operations on or about the 4th day of December, 1900, at or near the barrio of San Augustin, Pueblo of San Juan de Guiraba, Province of Xueva Ecija, P. I." Charge IL — "Assault with intent to do bodily harm." Specification. — "In that Juan Victoria and Juan Tiaiio, natives, and each of them, residents of the Province of Xueva Ecija, P. I., did on or about the 4th day of Decem- ber, 1900, a time then, as now, of insurrection and within the theatre of military operations, feloniously and forcibly, bodily seize and carry away from his home and against his will one Romano Debino, a native, since which time he has not been seen or heard from. This in the barrio of San Augustin, Pueblo of San Juan de Guimba, Xueva Ecija, Luzon, P. I." Pleas.— "Xot guilty." FindinctS. — Of the specification, first charge, "guilty, except the words, 'by cut- ting and stabbing him with bolos or other sharp instruments held in the hands of the^ said Juan Victoria, Enrique Victoria, and Juan Tiaiia, natives,' substituting therefor the words 'by choking him;' of the excepted words not guilty and of the substituted words guilty." Of the first charge, "guilty;" of the specification, second charge, "guilty;" of the second charge, " guilty." Sentence. — And the commission does therefore sentence them, Juan Victoria, and CHARGES OF CRUELTY, ETC., TO FILIPINOS. 281 Juan Tiaiio, natives, and each of them, "To be confined at hard labor at such place as the reviewing authority may direct, for the period of their natural lives." In the foregoing case it appears that these accused, Juan Victoria and Juan Tiaiio, at San Augustin, Xueva Ecija, about December 4, 1900, forcibly seized, feloniously assaulted and carried away, against his will, one Romano Debino, who has not since been seen or heard of, and that the motive rested on the personal animosity of accused Juan Victoria, against the victim. The seizure, assault, and kidnapping are fully proven of record, and a strong pre- sumption that the victim was killed arises from his permanent disappearance. Xo testimony, denial, or explanation is offered by either of the accused. It is noted that the name of Enrique Victoria erroneously appears in the finding of the commission, but with no further legal effect than mere surplusage. The sentence, approved by the department commander, is confirmed, and will be duly executed at the Presidio de Manila, to which place these prisoners, Juan Vic- toria and Juan Tiaiio, will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., October?, 1901. General Orders, No. 305. Before a military commission which convened at Manila, P. I., pursuant to para- graph 8, Special Orders, Xo. 194, Headquarters Department of Southern Luzon, July 13, 1901, and of which Lieutenant-Colonel John G. Leefe, 30th L"^. S. Infantry, was president and Captain Palmer E. Pierce, 13th L^. S. Infantry, was judge-advocate, was arraigned and tried Fausto Ordiales, a native. Charge I. — "Kidnaping." Specification 1. — "In that Fausto Ordiales, native, while a prisoner in charge of native policeman Doroteo Mateo, did feloniously assault and forcibly kidnap the said policeman Doroteo Mateo. This in time of insurrection, at or near the barrio of Lico, in the town of Pasay, a place under the military government of the United States, on or about the 26th day of January, 1901." Specification^. — "In that Fausto Ordiales, native, did enter the house of Miguela Vizcarra and feloniously kidnap a certain Maria Vizcarra against her will or con- sent. This in time of insurrection, at or near the barrio of Tabon, in the town of Pasay, a place under the military government of the L^nited States, on a certain Satur- day night in the month of March, 1899." Specification 3. — "In that Fausto Ordiales, native, did feloniously kidnap a certain Feliciana Vasques against her will or consent. This in time of insurrection, at or near the town of Pasay, a place under the military government of the United States, on or about the 26th day of January, 1901. Charge II. — "Committing rape." Specification. — "In that Fausto Ordiales, native, did threaten to commit bodily injury on a certain Feliciana Vasques and by means of such threats did succeed in having carnal knowledge with her and accomplish the crime of rape on the said Feliciana Vasques against her will or consent. This in time of insurrection, at or near the town of Pasay, P. I., a place under the military government of the L'nited States, on or about the 26th dav of Jaiiuarv, 1901." Charge III.— "Assault with "intent to kill." Specification 1. — "In that Fausto Ordiales, native, did feloniously assault and attempt to kill a certain Maria Vizcarra by shooting at her divers times with a certain fire- arm, to wit, one revolver, then in the possession of the said Fausto Ordiales, native. This in time of insurrection, in the vicinity of the town of Pasay, P. I., a place under the military government of the United States, between the hours of a certain Satur- day night and Simday morning, in the month of March, 1899." Specification 2. — "In that Fausto Ordiales, native, did feloniously assault and attempt to kill a certain Maria Vizcarra with a certain sharp instrument then in the posses- sion of the said Fausto Ordiales, native. This in time of insurrection, in the vicinity of the town of Pasay, P. I., a place under the military government of the United States, between the hours of a certain Saturdav night and Sundav morning in the month of March, 1899." Charge IV.— "Robbery." Specification 1. — "In that Fausto Ordiales, native, did, in company with divers unknown persons, feloniously enter the house of Miguela Vizcarra and did rob and take from the said house of Miguela Vizcarra divers articles and moneys, to wit, one 282 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. (1) gold rosary, one (1) tumbago rosary, two (2) gold hair combs, one (1) gold needle with sotine small pearls, one (1) gold charm with a silver attachment and topaz stones, one (1) silver pin with topaz stones, one (1) tumbago pin, two (2) rehc holdei^ with tumbago, two (2) desert spoons, and thirty (30) pesos in silver, this contrary to the wish or consent of the said Miguela Vizcarra. This in time of insur- rection, in the town of Pasay, P. I., a place under the military government of the United States, on a certain Saturday night in the month of March, 1899." Specijication 2. — "In that Fausto Ordiales, native, did enter the premises of Ber- nardino Vy Tiaco and in company with divers other persons did feloniously rob and take from him two (2) carabaos and one (1) horse, the property of the said Ber- nardino Vy Tiaco: this against the wish or consent of the said Bernardino Vy Tiaco. This in time of insurrection, in the town of Pasay, P. I., a place under the military government of the United States, on or about the 26th day of January, 1901." Specification 3. — "In that Fausto Ordiales, native, did feloniously aid in the rob- bery and taking from the person of Doroteo Mateo one (1) shotgun, the property of the United States, and a certain sum of money, to wit, eleven pesos and seventy cents (11.70 pesos), belonging to the said Doroteo Mateo; this against his will or consent. This in time of insurrection, in or near the town of Pasay, P. I., a place under the militarv government of the United States, on or about the 26th day of Januarv, 1901." Plea.—' ' Xot guilty. ' ' FixDixG. — Of the first specification, first charge, "guilty;" of the second specifi- cation, first charge, "guilty, except of the words 'enter the house of 31iguela Viz- carra and,' and of the excepted words, not gmlty;" of the third specification, first charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, "not guilty;" of the second charge, "not guilty;" of the first specification, third charge, "guilty;" of the second specification, third charge, "guilty;" of the third charge, "guilty;" of the first specification, fourth charge, "guilty, except of the words ' feloniously enter the house of Miguela A^izcarra and did, ' and of the excepted words, not guilty;" of the second specification, fourth charge, "guilty;" of the third specification, fourth charge, "guilty;" of the fourth charge, "guilty." Sextexce. — And the commission does therefore sentence him, Fausto Ordiales, native, "To be confined at hard labor, at such a place as the reviewing authority may direct, for twenty years." In the foregoing case it appears that this accused, Fausto Ordiales, an alleged major of a band of so-called insurgents, while in the custody of a native policeman, Doroteo Mateo, was rescued by his followers, who then disarmed and kidnaped said Mateo at Pasay; that in March, 1889, he kidnaped a native woman, Maria Vizcarra, whom he subsequently assaulted with intent to kill by shooting her with a revolver and stabbing her, and in January, 1901, he kidnaped another woman, Feliciana Vasquez, whom he compelled to live with him as his mistress. Accused is shown to have forcibly robbed one ]Miguela Vizcarra of jewelry and money, and to have likewise robbed one Bernardino Vy Tiaco of two carabaos and one horse. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which place this accused, Fausto Ordi- ales, will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant-General. Headquarters Division of the Philippines, Manila, P. I., October 7, 1901. General Orders, Xo. 306. Before a military commission which convened at Iba, Zambales, Luzon, P. I. , pur- suant to paragraph 4, Special Orders, Xo. 148, Headquarters Department of Xorthern Luzon, September 23, 1900, and of which Capt. Harry A. Leonhaeuser, 25th U. S. Infantry, was president, and Second Lieut. Harol D. Coburn, 25th U. S. Infantry, was judge-advocate, was arraigned and tried: Monico Escalante, native. Charge. — ' ' Murder. ' ' Specification, — " In that Monico Escalante, a native resident of Candelaria, Zam- bales, P. I., did, consorting with a band of outlaws, number unknown, under his command on or about March 25, 1900, in time of insurrection near Quinatobanan, a barrio of Candelaria, Zambales, P. I., a place within territory occupied by United States troops, feloniously and with malice aforethought kill and murder Jose Honro- bia, a native, inflicting on him wounds by striking him with bolos and a club held in the hands of said Escalante and of said band, from which the said Jose Honrobia, then and there died." CHARGES OF CRUELTY, ETC., TO FILIPINOS. 283 Plea.— "Not guilty." Finding. — Of the specification, "guilty, except the word 'bolos,' substituting there- for the words 'the butt of a gun,' and of the excepted word, not guilty, and of the substituted words guilty. Of the charge, 'guilty.' " Sentence. — And the commission does therefore sentence him, Monico Escalante, native, ' ' To be confined at hard labor, at such place as the reviewing authority may direct, for the term of his natural life." In the foregoing case it appears that this accused, Monico Escalante, in company of and a leader of an armed band of outlaws, repaired to a house at Candelaria, Zambales, in the night time, on March 25, 1900, seized therefrom one Jose Honrobia, bound him, conveyed him to the fields, and killed him by striking him with a club and the butt of a rifle. No motive for the crime aj^pears of record. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which place this accused, Monico Escalante, will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarteks Division of the Philippines, Manila, P. L, October 18, 1901. General Orders, No. 317. Before a military commission which convened at Palanoc, island of Masbate, P. I., pursuant to paragraph 5, Special Orders, No. 11, Headquarters Department of South- ern Luzon, January 11, 1901, and of which Captain Abner Pickering, 2d U. S. Infan- try, was president, and Captain 'Peter E. Marquart, 2d U. S. Infantry, was judge- advocate, were arraigned and tried : I. Cornelio Largo, Gobino Lachaco, and Parlencio Oliap, natives. Charge. — " Murder. ' ' Specification. — "In that Cornelio Largo, Gobino Lachaco, and Parlencio Oliap, natives, and each of them, did feloniously and with malice aforethought murder and kill Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Severo Echevarria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville, natives, and each of them, by shooting, cutting, stabbing, and striking them, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Severo Echevarria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville, with guns, revolvers, knives, bolos, and clubs held in the hands of the said Cornelio Largo, Gobino Lachaco, and Parlencio Oliap, then and there inflicting upon the persons of the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Severo Echevarria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville wounds whereof they, the said Antonio Echevarria, Juan Echevarria, Julian Eche- varria, Ysabel Echevarria, Severo Echevarria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarruga, and Antonio Caldeville, and each one of them, then and there died. This at or near the pueblo of Naro, island of Masbate, P. I., on the 14th day of August, 1900. This in time of insurrection and while the said island of Mas- bate was under jurisdiction of the United States." Pleas.— "Not guilty." Findings. — Cornelio Largo, "guilty." Gobino Lachaco and Parlencio Oliap, "not guilty." Sentence. — And the commission does therefore sentence him, Cornelio Largo, native, "to he hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein." And the commission does therefore "acquit" them, Gobino Lachaco and Parlencio Oliap, natives, and each of them. II. Pedro Alendido, native. Charge. — Murder. Specification. — "In that Pedro Atendido, Augustin Sagalo, Pedro Abejero, and Quintin IVIacaydor, natives, and each of them, did feloniously and with malice afore- thought murder and kill Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria. Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga and Antonio Calde- ville, natives, and each of them, by shooting, cutting, stabbing, and striking them, the said Antonio Echevarria, Juan Echevarria, Julian Echevaria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville with guns, revolv- 284 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. ers, knives, bolos, and clubs, held in the hands of the said Pedro Atendido, Augustin Sagalo, Pedro Abejero, and Qnintin Macaydor, then and there inflicting upon the persons of the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville, wounds whereof they, the said Antonio Echevarria, Juan Echevarria, Julian Eche- varria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Eche- varria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville, and each of them, then and there died. This at or near the pueblo of Faro, island of Masbate, P. I., on the 14th day of August, 1900." Plea. — ''Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Pedro Atendido, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing cases it appears that these accused, Pedro Atendido and Cornelio Largo, in company of and consorting with an armed band of tulisanes, killed with bolos, rifles, and daggers eleven members of the Echevarria family at Naro, Masbate, August 14, 1900, for the sole reason that the victims were Spaniards. Women and children were included in the killings, and the dead bodies were subsequently tied up in sacks and thrown into the river. No reasonable doubt as to the active participation of the accused in the barbarous crime arises from the record. As, however, the more responsible participators in this crime have paid the penalty thereof with their lives, the sentences against these accused, Pedro Atendido and Cornelio Largo, are commuted to imprisonment at hard labor for the period of their natural lives. As thus commuted, the sentences "will be duly executed at the Presidio de Manila, to which these prisoners will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., October 22, 1901. General Orders, No. 322. Before a military commission which convened at Manila, P. I., pursuant to para- graph 4, Special Orders, No. 23, headquarters provost-marshal -general (Separate Brigade, Provost Guard), January 30, 1901, and of which Major William H. Bishop, 36th Infantry, United States Volunteers, was president, and Captain Warren H. Ickis, 36th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Pedro Franco, a native. Charge. — " Murder. ' ' Specification. — "In that he, Pedro Franco, native, on or about the first day of Feb- ruary, 1901, a time then, as now, of insurrection against the lawful authority of the United States, at Manila, Luzon, P. I., a place then, as now, occupied by the troops of the United States, did willfully, feloniously and with malice aforethought kill and murder one Engracio Marty, alias Eugenio Marte, a native, by stabbing him, the said Marty, alias Marte, with a dangerous weapon, the exact description of which is unknown, then and there had and held in the hands of the said Pedro Franco, inflicting wounds therewith upon the person of the said Marty, alias Marte, whereof the said Marty, alias Marte, then and there died." Plea.— "Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, the said Pedro Franco, native, "To be confined at hard labor, at such place as the reviewing author- ity may direct, for twenty-five (25) years." In the foregoing case it appears that this accused, Pedro Franco, stabbed in the abdomen and killed one Engracio Marty, on the streets of Manila, about February 1, 1901. The declaration of deceased before death and contradictory statements of accused preclude the probability of the killing being justifiable as contended by the defense. The sentence, approved by the convening authority, is confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 285 Headquarters Division of the Philippines, Manila, P. I., October 22, 1901. General Orders, No. 323. Before a military commission which convened at Capiz, Panay, P. I., pursuant to paragraph 4, Special Orders, No. 139, May 31, 1901, Headquarters Department of the Visayas, and of which Captain William F. Grote, 18th U. S. Infantry, was president, and 1st Lieutenant Walter S. McBroom, 18th V . S. Infantry, was judge-advocate, was arraigned and tried Florentino Oreta, a native. Charge. — ' ' Murder. ' ' Specification. — "In that on or about the 2d day of March, 1901, then as now a time of insurrection against the authority of the United States, at or near the barrio of Agmalobo, Pueblo of Ivisan, Province of Capiz, Island of Panay, P. I., a place then as now under the military government and jurisdiction of the United States, one Florentino Oreta, a native, did willfully, feloniously, and with malice aforethought kill and murder one Francisco Oreta, by stabbing him three times, twice in the left breast near the left nipple and once in the stomach, with a bolo or other sharp- pointed instrument held in the hands of the said Florentino Oreta, from which wounds, inflicted as aforesaid, the said Francisco Oreta did then and there die." Plea.— "Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Florentino Oreta, a native, "To be confined at hard labor at such place as the reviewing authority may direct for the period of his natural life. ' ' In the foregoing case it appears that the accused, Florentino Oreta, about March 2, 1901, at barrio of Agmalobo, Island of Panay, stabbed and killed his brother Fran- cisco Oreta in consequence of a quarrel arising out of deceased attempting to induce accused to join the insurgents under threat of death in the event of his refusal. Although the actual killing is presumptively proven by a complete chain of circum- stantial evidence and admitted by accused, no eyewitness saw the scene and the record is silent as to whether the deed was done in the heat of struggle. The sentence, approved by the department commander, is confirmed but mitigated to imprisonment at hard labor for the term of twenty years. As thus commuted, the sentence will be duly executed at the Presidio de Manila, to which the prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., October 25, 1901. General Orders, No. 327. Before a military commission which convened at Iloilo, Panay, P. I., pursuant to paragraph 3, Special Orders, No. 70, Headquarters Department of the Visayas, March 16, 1901, and of which Major Henry S. Turrill, surgeon, U. S. Army, was president, and Captain Edwin F. Glenn, 25th U. S. Infantry, was judge-advocate, was arraigned and tried Juan Olivar, a native. Charge I. — "Murder." Specification. — "In that Juan Olivar, a native, on or about the 11th day of July, 1900, then as now, a time of insurrection, at or near the barrio of Anero, pueblo of Mina, Province of Iloilo, Panay, P. I., a place, then as now, in the theater of active military operations, in company of and consorting with a band of armed outlaws, the number unknown, commanded and led by the said Juan Olivar, did, willfully, felo- niously, unlawfully, and with malice aforethought kill and murder one Teodoro Labrador, native, by cutting and wounding him, the said Teodoro Labrador, with sharp instruments, to wit, bolos, held in the hands of the said Juan Olivar, and each and every of the said band of armed outlaws, whereof he, the said Teodoro Labrador, then and there died." Char(;e II. — " Assault and battery, in violation of the laws and usages of war." Specification. — " In that Juan Olivar, a native, on or about the 11th day of July, 1900, then as now, a time of insurrection, at or near the barrio of Anero, pueblo of Mina, Province of Iloilo, Panay, P. I., a place, then as now, in the theater of active military operations, in company of and consorting with a band of armed outlaws, to the number unknown, did feloniously, willfully, unlawfully, and without just provo- cation assault one Teodoro Labrador, a native, and him, the said Teodoro Labrador, lie the said Juan Olivar, did beat, wound, and illtreat with bolos and guns, with intent him, the said Teodoro Labrador, to kill and murder." 286 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Charge III. — " Robbery, iu violation of the laws and usages of war." Specification. — "In that Juan Olivar, a native, on or about the 11th day of July, 1900, then as now, a time of insurrection at or near the barrio of Anero, pueblo of Mina, Province of Iloilo, Panay, P. I., a place, then as now, in the theater of active military operations, in company of and consorting with a band of armed outlaws to the numl^er unknown, did willfully and feloniously take, steal, and carry away 78 carabao, to the value of 81,560, Mexican currency; one (1) cow, to the value of 820, Mexican currency; 800 pesos, to the value of 8400, United States currency; two guns, each of the value of 82; one revolver, to the value of 82, the property of and in the lawful possession of Teodoro Labrador, a native, with the intention to deprive him, the saicl Teodoro Labrador, of the use thereof and to convert the same to his own use and purposes, and to the use and purposes of each and every of his companions." Plea. — " Xot ofuiltv." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Juan Olivar, native, " to be hanged by the neck till dead, at such time and place as may be directed by the reviewing authority, two-thirds of the members concurring in the death sentence." In the foregoing case it appears that this accused, Juan Olivar, was the leader of a band of ladrones that made an attack upon the house of Teodoro Labrador, then presidenteof Mina, Panay, captured him, his brother, wife, grandmother, godmother, small daughter, and a policeman. The grandmother, godmother, and daughter were shot to death in the vicinity of the capture, Labrador, his wife, and the policeman were conveyed to an isolated spot and killed with bolos, while the brother effected his escape. Incidentally the accused and his band robbed Labrador of 78 carabao, one cow, 800 pesos, 2 guns, and one revolver. On the above state of facts, accused is charged solely with the murder of Labrador, assault upon him with intent to kill, and robbery. Of these charges he is found guilty. Why the brutal murder of three women, one small girl, and the policeman were not included in the charges is not understood, and the finding of the commis- sion that accused is guilty of murder of Labrador, and also guilty of assault upon him Avith intent to kill, is legally illogical, as the latter offense is a minor one included in the former, the greater comprehending the lesser. For this reason the finding relat- ing to the 2d charge is disapproved. The sentence, approved by the department commander, is confirmed and will be duly executed against this accused, Juan Olivar, at Iloilo, Panay, P. L, on the sixth (6th) day of December, A. D. 1901, under the direction of the commanding general. Department of the Yisayas. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., October 25, 1901. General Orders, Xo. 328. Before a military commission, which convened at San Fernando de la I'nion, Luzon, P. I., pursuant to paragraph 9, Special Orders, Xo. 143, Headquarters Department of Northern Luzon, May 25, 1901, and of which Lieutenant-Colonel Samuel M. Swigert, 13th Y . S. Cavalry, was president, and Captain Edward Sigerfoos, 5th L". S. Infantry, was judge-advocate, was arraigned and tried Lorenzo Andaya, a native. Charge. — "Murder, in violation of the laws of war." Specification 1. — "In that he, Lorenzo Andaya, native, of Tagudin, Ilocos Sur, did, willfully, feloniously, and with malice aforethought kill and murder one Pedro Carino, a peaceful inhabitant of Aniarao, San Jose, Ilocos Sur, by striking him with an iron bar held in the hands of the said Lorenzo Andaya, inflicting wounds whereof the said Pedro Carino then and there died. This at or near Rancheria Quintabungao, San Jose, Ilocos Sur, Luzon, P. I., territory occupied by U. S. forces on or about January, 1901, a time of insurrection." Specification 2. — "In that he, Lorenzo Andaya, native, of Tagudin, Ilocos Sur, did, willfully, feloniously, and with malice aforethought, kill and murder one Gregorio Paredes, a peaceful native of Santa Cruz, Ilocos Sur, Luzon, P. L, by striking him with an iron bar held in the hands of the said Lorenzo Andaya, a native of Tagudin, Ilocos Sur, inflicting wounds whereof the said Paredes then and there died. This at or near Rancheria Mapolina, San Jose, Ilocos Sur, Luzon, P. I., territory occupied by U. S. forces, on or about March, 1901, a time of insurrection." Plea. — To the first specification, "guilty, excepting the words, 'willfully, feloni- CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 287 ously, and with malice aforethought,' and the words, 'and murder;' to the excepted words, not guilty." To the second specification, " not guilty." To the charge, "not guilty." Finding.— "Guilty." Sentence. —And the commission does therefore sentence him, Lorenzo Andaya, a natiye, "to be hanged by the neck until he is dead, at such time and place as the reyiewing authority may direct, two-thirds of the members of the commission con- curring therein." In the foregoing case of Lorenzo Andaya, natiye, it appears the accused was an insurgent soldier, and that haying receiyed an order from his chief to kill two peaceful men who had been denounced as American spies, he, with ready alacrity, performed his murderous task substantially in the manner and form as charged. In this, as in numberless other cases, a prominent feature is the unreasoning obedi- ence of the Filipino to his chief. If the accused had eyen a faint perception of the truth that the order of his chief was unlawful he made no sign, but rather by his ready compliance therewith raised the presumption that he was gratifying his own inclination in taking the liyes of his peaceful neighbors. As guerrilla and all other bandit chiefs haye no shadow of lawful authority to take the liyes of the inhabitants of these islands, and as it is the duty of the United States to protect all in the enjoyment of their liyes and property, the warning, often giyen, will be repeated until all shall heed it, that both the chiefs who order and the fol- lowers who obey their orders to do murder must, upon conyiction thereof, expect to suffer the extreme penalties of the law. Filipino men should learn to exercise their courage and manly discretion by refus- ing to do murder merely because some infamous chief tells them so to do. The sentence, approyed by the department commander, is confirmed, but is com- muted to imprisonment at hard labor for the period of fifteen (15) years. As thus commuted, the sentence will be duly executed at the Presidio de Manila, to which the accused will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquartees Division of the Philippines, Manila, P. L, October 26, 1901. General Orders, No. 329. Before a military commission which conyened at Iloilo, Panay, P. I. , pursuant to paragraph 3, Special Orders, No. 70, Headquarters Department of the Visayas, March 16, 1901, and of which Lieutenant-Colonel Charles J. Crane, 38th Infantry, U. S. Volunteers, was president, and Captain Edwin F. Glenn, 25th U. S. Infantry, was judge-adyocate, was arrainged and tried Ygnacio Siaotong, a natiye. Charge. — ' ' Murder. ' ' Specification. — " In that on or about the fifteenth day of September, 1900, then as now a time of insurrection, at or near the pueblo of Baratoc Nueyo, island of Panay, P. I., a place then as now under the military goyernment and occupation of the United States, one Ygnacio Siaotong, a natiye, in company of and consorting with one Margarite Kobles, a natiye, did violently and forcibly assault and detain one Consolacion Baston, a native woman, and did willfully, feloniously, and with malice aforethought, kill and murder the said Consolacion Baston, a native woman, in the manner and form following, to wit : By then and there digging and causing to be dug a grave or hole in the ground, and by then and there, forcibly and against her will, placing or causing to be placed the said Consolacion Baston in said grave or hole in the ground, thereafter refilling the said grave or hole in the ground so dug as afore- said, covering the body of the said Consolacion Baston, while still alive, with dirt to the depth of three (3) or more feet, thereby then and there and in the manner and form as aforesaid causing the death of the said Consolacion Baston," Plea.— "Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Ygnacio Siaotong, native, " to be hanged by the neck till dead, at such time and place as the reviewing authority may designate, two-thirds of the members concurring in the death sentence." In the foregoing case it appears that this accused, Ygnacio Siaotong, was an insur- gent leader of volunteers operating against the American Government after having taken the oath of allegiance to that CTOvernment; that on September 15, 1900, at -88 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Baratoc Xuevo, Panay, he forcibly seized a native woman suspected of friendliness to the Americans and" caused his "followers to convey her to an isolated spot in the fields where a newly-made grave had been prepared. Into this grave his victim was made to lie down and be suffocated with the earth filled in upon her. No reasonable doubt as to the full guilt of accused in this barbarous and most .cowardly murder of a defenseless woman arises from the evidence. The sentence, approved by the department commander, is confirmed, and will be duly executed at Baratoc Xuevo, Panay, P. I., on the thirteenth (^13th) day of December, A. D. 1901, under the direction of tlie commanding general, Department ■of the Visayas. Bv con^mand of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquakters Division of the Philippines, Manila, P. I., October 26, 1901. General Orders, Xo. 330. Before a military commission which convened at Baliuag, province of Bulacan, Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 212, Headquarters Depart- ment of Northern Luzon, August 6, 1901, and of which Captain James H. McRae, 3d Y. S. Infantry, was president and 2d Lieutenant Robert I. Rees, 3d U. S. Infantry, was judge-advocate, was arraigned and tried Luis Bernabe, a native. Charge. — " Murder. ' ' Specification. — "In that he, Luis Bernabe, a so-called sergeant of insurgents, on or about the 31st day of October, 1900, then as now a time of insurrection, at or near the sitio of Culoong, pueblo of San Jose, Bulacan, P. I., a place then as now under the military authority of the L^nited States, in company of and consorting with a band of outlaws armed with rifles and bolos, numbers and names unknown, did willfully, feloniously, and with malice aforethought kill and murder Francisco Pascual and Cayetano Pascual, by striking them, and causing them to be struck, with bolos held in the hands of members of said band, inflicting therewith wounds from which said Francisco Pascual and Cayetano Pascual, and each of them, then and there, or shortly -afterwards, died." Plea.— " Xot guilty." Finding. — " Guilty." Sentence. — And the commission does therefore sentence him, Luis Bernabe. native, ''to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring." In the foregoing case it appeal's that the accused, Luis Bernabe, an insurgent ser- geant, in company of soldiers under his command seized at Culoong, San Jose, Bula- can, about October 31, 1900, two natives suspected of fi'iendliness to the Americans, conveyed them to an insurgent camp and there stabbed them to death. The seizure of peaceful natives in their homes and murdering them merely because they are accused by some evil-minded persons of being Ainericanistas is not war but wanton assassination. The commanding general owes to all law-abiding men the most effective means in his power for their protection, and the warning, often given, is repeated that all who order and all who engage in the murder of men friendly to the Americans or for any other unlawful motive must expect the extreme penalty of the law. No mitigating circumstances appear of record in this case nor doubt of the criminal responsibility of this accused as a principal for the crime charged. The sentence, approved by the department commander, is confirmed and will be duly executed at Baliuag, province of Bulacan, Luzon, P. I., on the twenty-second (22d) day of November, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I.. October £6, 1901. General Orders. No. 331. Before a military commission which convened at Capiz, Panay, P. I., pursuant to paragraph 4, Special Orders, No. 229, Headquarters Department of the Visayas, December 19, 1900, and of which Capt. David C. Shanks, 18th U. S. Infantry, "was CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 289 president, and First Lieut. Ora E. Hunt, 18th U. S. Infantry, was judge-advocate, was arraigned and tried Kaymundo Fonte, a native. CharcxE.—" Murder." Specification. — "In that on or about the 19th day of December, A. D. 1900, then as now a time of insurrection against the authority of the United States, at or near the pueblo of Panay, Island of Panay, Philippine Islands, a place then as now under the military jurisdiction and government of the United States, one Kaymundo Fonte, a native, did feloniously, willfully, and with malice aforethought kill and murder one Liberato Benliro, a native, by striking him a blow or blows upon the throat with a sharp instrument commonly called a saguan, held in the hands of the aforesaid Raymundo Fonte, from which blows the said Liberato Benliro then and there died." Plea.— "Not guiltv." Finding.— "Guilty." _ ' _ Sentence. — And the commission does therefore sentence him, Raymundo Fonte, native, " to be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case it appears that this accused Eaymundo Fonte, about Decem- ber 19, 1900, near the pueblo of Panay, Island of Panay, angered by his working companion, Liberato Benliro, sleeping in his boat, killed him with a blow of an oar, then cut off his ears and nose, took out his liver and intestines, and, according to his confession, cooked and ate the same. The sentence, approved by the department commander, is confirmed and will be duly executed at Capiz, Panay, P. I, on the thirteenth (13th) day of December, A. D. 1901, under the direction of the commanding general. Department of the Visayas. Bv command of Major General Chaffee: W. P. Hall, Assistant Adjutant-General. Headquarters Division of the Philippines, Manila, P. I., October £9, 1901. General Orders, No. 333. Before a military commission which convened at San Fernando de la Union, Luzon, P. I., pursuant to paragraph 9, Special Orders, No. 143, Headquarters Department of of Northern Luzon, May 25, 1901, and of which Lieutenant-Colonel Samuel M. Swigert, 13th U. S. Cavalry, was president, and Captain Edward Sigerfoos, 5th U. S. Infantry, was judge-advocate, were arraigned and tried: Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loada, Ancelmo Balancio, Cayetano Abellera, Aniceta Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno Soriano, natives. Charge L— "Murder." Specification. — "In that Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loada, Ancelmo Balancio, Cayetano Abellera, Aniceto Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno Soriano, consorting with each other as a band of outlaws under the leadership of one Mateo Sandoval, did willfully, feloniously, and with malice aforethought attack, kill, and murder Gevino Estavillo, Mariano Sabado, Cesario Sabada, Isidoro Estipular, Narcisco Tangalin, Leon Rilles, Maximo Dumo, all of them peaceful natives of the pueblo of Naguillian, Union Province, with bolos, inflicting upon each of them wounds of which they did, each and all, there and th*en die. This in the barrio of Magungunay, pueblo of Naguillian, Union Province, a place then, as now, in territory occupied by United States forces, on or about December 15, 1900, then, as now, in time of insurrection against the United States." Charge II.— "Assault with intent to kill." Specification. — "In that the said Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loada, Ancelmo Balancio, Cayetano Abellera, Aniceta Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno Soriano, consorting with each other as a band of outlaws under the leadership of one Mateo Sandoval, did assault with intent to kill one Potenciano Floresca, with bolos in the hands of the said outlaws. This at the barrio of INIagun- gunay, pueblo of Naguillian, province of Union, a place then as now, in territory occupied by the United States forces, on or about December 15, 1900, then as now in time of insurrection against the United States." Plea.— "Not guilty. "^ S. Doc. 205, pt 2 19 290 CHARGES OF CKUELTY, ETC., TO FILIPINOS. FixDiXG. — Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loado, and Ancelmo Balancio, and each of them, "guihy." Cayetano Abellera, Aniceta Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleiio Soriano, and each of them, " not guilty." Sextexce. — And the commission does therefore sentence them, Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loada, and Ancelmo Balancio, natives, and each of them, "to be confined at hard labor at such place as the reviewing authority may direct, for a period of twenty years." And the commission does therefore "acquit" Cayetano Abellera, xVniceta Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno Soriano, and each of them. In the foregoing case of Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loada, Ancelmo Balancio, Cayetano Abellara, Aniceta Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno Soriano, natives, who were jointly tried, it appears from the evidence that of these accused, Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loada, and Ancelmo Balancio, were outlaws; and as a band assaulted and killed with bolos five peaceful natives, who were returning from work on a building being constructed for the American troops, and also two other men, natives, by tak- ing said two natives from their homes, boloing them to death and incidentally rob- bing the wdfe of one of the deceased of 20 pesos and other valuables. Of the party of w^hom five were hacked to death with bolos, one, left for dead, revived, and after three months in hospital recovered from his wounds. From his testimony, the dying declaration of one, and the testimony of the wdfe of another of the victims, corroborated by circumstantial evidence, six of these accused w^ere iden- tified, beyond a reasonable doubt, as active participators in this crime. The sentence, approved by the department coinmander, is confirmed against Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loada, and Ancelmo Balancio, and will be duly executed at the Presidio de ^Manila, to which they and each of them will be sent under proper guard. The accused Cayetano Abellera, Aniceta Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno Soriano, and each of them, will be released from confinement. Bv command of Major-General Chaffee. W. P. Hall, A ssistant A djutant- General. Headquarters Division of the Philippixes, Manila, P. 7., November 6, 1901. General Orders, No. 339. Before a military commission which convened at San Felipe Neri, Province of Manila, Luzon, P. I., pursuant to paragraph 14, Special Orders, No. 56, Pleadquarters Department of Northern Luzon, February 27, 1901, and of which Major Calvin D. Cowles, 17th U. S. Infantry, was president, and 1st Lieutenant Charles R. Howland, 20th L". S. Infantry, w^as judge-advocate, were arraigned and tried: Leonardo de Posoy, Caledonio Javier, Pablo Anorma, Florentio Antonio, alias "Prudencio," Santiago Gadapia, alias "Baldado," Pastor Santos, and Francisco Felizardo, alias "Quicoy," natives. Charge. — ' ' Murder. ' ' Specitication 1. — "In that Leonardo de Posoy, Caledonio Javier, Pablo Anorma, Florentio Antonio, alias 'Prudencio,' Santiago Gadapia, alias 'Baldado,' Pastor Santos, and Francisco Felizardo, alias 'Quicoy,' natives, and each of them constitut- ing, W'ith others, names and numbers unknown, an armed band of outlaws, did wdlfully, feloniously, and with malice aforethought, kill and murder one Felipe Escamilla, native, and one Honorio, last name unkno^vn, native, by striking the said Felipe Escamilla, native, and the said Honorio, last name unknown, native, with a bar of iron or other blunt instrument, and by burying the said Felipe Escamilla, native, and the said Honorio, last name unknown, native, alive; thereby causing the death of the said Felipe Escamilla, native, and of the said Honorio, last name unknown, native. This on or about May 1, 1900, in the pueblo of Taytay, Province of Morong, Luzon, P. I., a place then, as now, occupied by the armed forces of the L'nited States of America, and during a time then, as now, of insurrection against the United States of America." Specification 2. — "In that Leonardo de Posoy, Caledonio Javier, Pablo Anorma, Florentio Antonio, alias 'Prudencio,' Santiago Gadapia, alias 'Baldado,' Pastor Santos, and Francisco Felizardo, alias 'Quicoy,' natives, and each of them, consti- CHARGES OF CRUELTY, ETC., TO FILIPINOS. 291 tilting, with others, names and numbers miknown, an armed band of outlaws, did, wilfully, feloniously, and with malice aforethought, kill and murder one Monico Garivalles, native, and one Gregorio Garivalles, native, by striking the said Monico Garivalles, native, and the said Gregorio Garivalles, native, with a bar of iron or other blunt instrument, and by burying the said Monico Garivalles, native, and the said Gregorio Garivalles, native, alive; thereby causing the death of the said Monico Garivalles, native, and the said Gregorio Garivalles, native. This on or about July 16, lyOO, in the pueblo of Taytay, Province of JMorong, Luzon, P. I., a place then, as now, occupied by the armed forces of the United States of America, and during a time then, as now, of insurrection against the United States of America." Specifications. — "In that Leonardo de Posoy, Caledonio Javier, Pablo Anorma, Florentio Antonio, alias 'Prudencio,' Santiago Gadapia, alias 'Baldado,' Pastor Santos, and Francisco Felizardo, alias 'Quicoy,' natives, and each of them, consti- tuting, with others, names and numbers unknown, an armed band of outlaws, did, wilfully, feloniously, and with malice aforethought, kill and murder one Juan Lucas, native, by burying him, said Juan Lucas, alive, thereby causing the death of said Juan Lucas, native. This on or about August 15, 1900, in the pueblo of Taytay, Province of Morong, Luzon, P. I., a place then, as now, occupied hy the armed forces of the United States of America, and during a time then, as now, of insurrection against the United States of America." Speclficatmi 4- — "In that Leonardo de Posoy, Caledonio Javier, Pablo Anorma, Florentio Antonio, alias 'Prudencio,' Santiago Gadapia, alias 'Baldado,' Pastor Santos, and Francisco Felizardo, alias 'Quicoy,' natives, and each of them, consti- tuting, with others, names and numbers unknown, an armed band of outlaws, did, wilfully and feloniously and with malice aforethought, kill and murder one Perfecto, last name unknown, native, by striking the said Perfecto, last name unknow^n, native, with bolos and with blunt instruments, inflicting thereby wounds whereof the said Perfecto, last name unknown, native, did then and there die." "This on or about December 10, 1900, in the pueblo of Taytay, province of Morong, Luzon, P. L, a place, then as now, occupied by the armed forces of the United States of America, and during a time, then as now, of insurrection against the United States of America." Upon motion of his counsel, the accused, Leonardo de Posoy, was granted a sev- erance in the case, with leave for a separate trial. The other accused, Caledonio Javier, Pablo Anorma, Florentio Antonio, alias "Prudencio," Santiago Gadapia, alias "Baldado," Pastor Santos, Francisco Felizardo, alias ' ' Quicoy, ' ' all and each of them pleaded as follows : Pleas.— "Not guilty." Findings.— "Guilty." Sentence. — And the commission does therefore sentence them, the accused, Cale- donio Javier, Pablo Anorma, Florentio Antonio, alias "Prudencio," Santiago Gada- pia, alias "Baldado," Pastor Santos, and Francisco Felizardo, alias "Quicoy," and each of them, "to be hanged by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case of Caledonio Javier, Pablo Anorma, Florentio Antonio, alias "Prudencio," Santiago Gadapia, alias "Baldado," Pastor Santos, and Francisco Felizardo, alias "Quicoy," natives, who were jointly tried, the record covers more than 1,200 pages of typewritten matter, much of which is due to an unending con- tention between counsel for the accused and the judge-advocate, arising chiefly upon the theory of the prosecution that a conspiracy had been entered upon by these accused to accomplish the crimes charged. After sufficient evidence had been adduced to lay the foundation for the conspiracy, and the commission had repeatedly ruled upon the admissibility of the evidence upon its inception, progress, and accom- plishment, counsel, in disregard of the rules of evidence and the repeated rulings of the commission, iterated and reiterated his objections in arguments of such weari- some length as to raise the presumption that his intent was more to vex the commis- sion into some fatal irregularity than to aid in the elucidation of the truth. Such a course of proceeding detracts from the dignity and value of any tribunal, and the commission would have been amply justified in im])Osing limits upon coun- sel by which half its time might have been saved and half the bulk of its padded record avoided. For the future guidance of military commissions, a few of the well-established principles of law and procedure in cases of cons]nracy, are here laid down. The object of the conspiracy is only so far material as it may determine the char- acter of the joint intent and agreement. It is not necessary to constitute the offense that the conspirators should have come together and agreed in express terms to unite 292 CHARGES OF CRUELTY, ETC., TO FILIPINOS. for a common oljject. An implied common understanding is sufficient so far as the combination or confederacy is concerned to constitute the offense. One accused of conspiracy need not be the original instigator of the criminal purpose. There is no material distinction in law between those who primarily form the design and those who subsequently enter into it with a knowledge of its character. Coconspirators may be added to a conspiracy already complete by joining in the common intent and agreeing to further the design already entered upon by the orig- inal conspirators. A conspiracy to commit a crime of higher grade than the offense of conspiracy merges into the crime upon its accomplishment. Conspiracy may be proven inferentially by circumstantial evidence; not only may, but ordinarily must be so proven. The conspiracy once being formed, the act of one conspirator in pur- suance thereof is binding upon and assumed to be the act of each and all of the others. A commendable feature of this case is found in the evident intention of the com- mission to spread upon the record, for the benefit of the reviewing authority, evidence of the habits, customs, and moral perceptions of the residents of Taytay, taken as a typical community of natives, principally Tagals, living in the near vicinity of ^lanila; and by common knowledge now well known to be typical of the major part of the inhabitants of central and southern Luzon. Going outside of the strict limits of ordinary procedure for the purpose indicated is in accord with well-established mili- tary custom, and is especially valuable to the reviewing authority under the condi- tions prevailing in these islands. It appears from the evidence that these accused were soldiers of the insurgent army prior to the time when it was dispersed by the American forces in November, 1899, after which the so-called insurgent government possessed neither a capital nor an army in the field, and resistance to the military forces and lawful government of the L'nited States had, by proclamation of the insurgent chiefs, been expressly confined to guerrilla warfare as the only resource left to them for keeping alive the insurrec- tion. These accused, abandoning even the show of open opposition of the half- uniformed guerrilla bands, left the field and took up their residence in Taytay, then protected by an American garrison. Following the proclaimed policy of the insur- gent chiefs, these accused organized a bolo band in Taytay, of which the accused, Florentio Antonio, alias Prudencio, was the captain; Pastor Santos, first lieutenant; Celedonio Javier, second lieutenant, and Kamon Gadapia a sergeant. In all there were about twenty-five men in the bolo band. This band also possessed a few rifles, Avhich they kept concealed in the neighborhood in charge of a trusted custodian. The men were not uniformed, but appeared in Taytay as ordinary citizens going about their peaceful pursuits ; they had no regular cuartel or other known place of rendez- vous, nor did they drill or give any outward sign of an existing organization. All their operations were conducted secretly and, it may be safely assumed, under an oath-bound obligation not to give information thereof to the American authorities. The commanding general having in general orders authorized the native population within the lines of the army of occupation to establish the forms of civil government, for the better protection of life and property, these accused, already established in authority as insurgent partisans, came forward under the leadership of a resident padre and suggested a time and place for holding an election, which the commanding officer, in accordance with the terms of the general order referred to (Xo. 43, of 1899) , had authorized. An election was accordingly held, and these accused, as the evidence clearly shows, dictated and secured- their election as municipal officers of Taytay, and entered upon their duties under American authority. Of the accused, Celedonio Javier was elected presidente, Pastor Santos and Fran- cisco Felixardo, aldermen, or cabezas of barrios, and Pablo Anorma was appointed teniente, or chief of police. In his civil capacity as presidente, Celedonia Javier was first in authority iDOth as American i:)residente and insurgent presidente, which latter office he forthwith assumed and in which he was duly recognized by the insurgent chiefs. In his military capacity in the bolo band he was, however, subject to the captain, Florentio Antonio, alias Prudencio, and the 1st lieutenant, Pastor Santos; but it does nor a.ppear that these two accused ever assumed any authority in their military capacity over the presidente in his civil functions, who was obeyed therein with blind, unquestioning obedience by all. In this relation judicial notice maybe taken of the fact that throughout these islands, wherever a presidente of a pueblo or cabeza of a barrio was appointed or elected under American authority he, with few exceptions, either acted in the same capacity for the insurgents or maintained silence with respect to his neighbor who served in like capacity in the same jurisdiction. This dual form of government existed every- where, in strongly garrisoned cities like Manila and in the smallest barrio alike; and all were doubtless oath-bound in the great Katipunan league. At least it is fully CHAEGES OF CKUELTY, ETC., TO FILIPII>rOS. 293 established that efforts to so bind them have been dihgently pursued. History affords no parallel of a whole people thus practically turning war traitors, and in the genius of no other people was ever found such masterful powers of secrecy and dissimula- tion; but it is needless to say that no powerful state was ever erected or ever can be erected upon such immoral and unenlightend foundations. Having established themselves in all the places of trust and responsibility in the new civil government and of power as insurgent partisans, these accused now com- menced the difficult task of serving two masters. In all lawful matters they served with due appearance of loyalty the American Government, while at the same time they labored secretly and diligently in the interest of the insurrection. In gross violation of the laws of war they secretly levied and collected taxes and exacted con- tributions from the people who, with universal accord, submitted silently thereto. They held communications with the enemy, and in all ways open to them gave to the guerrilla bands aid and comfort. They next entered upon a series of murders, and continued their deadly w^ork until the growing number of persons mysteriously disappearing from the community lead to the discovery of these accused as the per- petrators. No native inhabitant of Taytay opened his lips to the American authorities con- cerning the crimes being committed, and of which all had knowledge. It appears that, following the general instructions laid down by the insurgent chiefs, any man might be put to death by the local authorities if the public witnessed and approved the execution. Accordingly many of the people of Taytaj^ assembled at night to . witness the execution of the selected victims, and stood by at a short distance until the dead were buried, when they dispersed and made no sign of what had been done. As in all like cases, the people were warned that certain death would fall upon any one who disclosed the truth to the Americans. The foregoing statement of facts are not denied by the defense, but justification is sought upon the grounds that these accused were following out a course laid down for them in the proclamations of the insurgent chiefs. To strengthen its contention the defense attempted to show that the murdered men deserved their fate, and that these accused were seeking the good of the community in taking their lives. The sworn testimony of these accused before the commission wull best illustrate the nature of the defense. Speaking of the orders he had received from his military superior, Caledonio Javier said: "When I got to Cainta he told me the reason for my calling you, ' I heard you were made presidente of the Americans.' I answered him, ' Yes, sir. ' ' Do you obey what the Americans tell you — ^the orders of the Amer- icans?' I answered him, 'Yes, sir; I recognize you as chief.' He said, ' Now if you are going to obey my orders I have complaints here from the people of Taytay of being attacked in the roads. I order that if you capture those men vou are to kill them.' " Q. *' What persons did he mention, if any? A. "Felipe Escamilla, Honorio, Monico Garivalles, Gregorio Garivalles, Juan Lucas. He also mentioned other names. §§§ ' Everybody that you might capture are to be killed also.' " Asked if the people were present at the killing of the Gari- valles brothers, this accused answered, "Yes, sir; nearly all the town; when they know somebody is to be killed they all go and see." Asked by what authority he took the lives of his victims, he answered, " Not by my authority, but by authority of General Pio. §§§ He will kill me if I don't obey." Questioned whether Juan Lucas w'as buried alive, this accused answered, "Yes, sir; that is what he requested. He requested not to hit him." Asked wh}^ he had his victims confessed by the padre before he killed them he answered, " Because all Christians ought to confess before they die. Because I wanted their souls to go to heaven to glory. Their bodies for the justice and their souls for the glory." Concerning his intelligence, this accused said he could neither read nor write. When he was made presidente he " learned to write his name." Pastor Santos, when asked why he, as lieutenant of police, did not report the ex- ecution of Juan Lucas to the American authorities, answered, " Because I was afraid of the presidente, who said, ' Because it is bad for the Filipino government to report to the Americans.' " Francisco Felizardo, one of the accused, when asked the same question, answered: A. "No. sir." Q. "Whv didn't vou?" A. " Why shouUri go there? " Q. "To report the fact that a man had been killed without authority." A. "Because I don't know. I don't have anvthing to do with that. By the presidente, sir." 294 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Santiago Gadapia, of the accused, made answers to questions as follows: Q. " Who struck Escamilla before he was buried? " A. "Mvself." Q. *' What did vou strike him with? " A. "Crowbar."" Q. ' ' Do YOU know whether j'ou killed him or not? ' ' A. " Yes, sir; he was killed." Q. " By whose order did you strike him? " A. ' ' The presidente' s. ' ' Q. '* What position did you occupy on the police force at the time you arrested these men? ' ' A. "Lieutenant, sir. §§§§ The reason why I am in prison at this time is because I obeyed the orders given to me." Questioned regarding his belief that two of the murdered men whom he had arrested were "bad men," and that Honorio must have been "bad" because he was a " companion of Felipe Escamilla," he answered, "Because I forced them, and they told me the truth." Q. "How did you force them?" A. "When I first asked him (Honorio), 'Are you the companion of Felipe Esca- milla?' he answered, 'No.' I told him, 'If you don't tell me the truth I am going to cut you,' to strike him with a bolo. He told me the truth then." Q. "Well, what did he tell you?" A. " 'Yes; I am Felipe Escamilla's companion.' " Q. "Well, why did you believe that to be the truth instead of his first answer^ that he was not Felipe Escamilla's companion?" A. "Because I forced him." Asked if he did not report these matters to the American commanding officer in Taytay, answered "No, sir. I have no authority to report, because I have a chief; I have a superior officer, and he ought to report." Q. "If the presidente had ordered you to kill every person in the crowd witnessing the execution of Felipe and Honorio, would you have obeyed his order?" A. "When the order is from my superior I can not disobey. I can not refuse." Making due allowan(;e for the necessity each of these accused appeared to realize of presenting his own case in the most favorable light, one undeniable truth stands out in this case, as in hundreds of like cases of murder, that the average native of these islands has not more than the merest rudimentary conception of his individual rights and duties as a man, and no one knows this so Avell as the wily chiefs, who use him for their nefarious purposes. The native surrenders his will unreservedly to any per- son standing in relation to him as chief, and he apparently makes no distinction — or dares not — whether that chief be the leader of tulisanes, mandoducats, Katipunan lodge, or guerrilla band. The law of the land is, and to him always has been, the law of terror. His chief, self-installed or duly appointed over him, holds in his hands the power of life and death. So governed, the native surrenders his service and conscience to his chief and looks to him to assume any and all responsibility for any crime he is told to commit, while holding himself guiltless in its accomplish- ment. It is therefore plain to the meanest understanding that so long as the simple minded and benighted natives remain mider the teachings that they have no rights or liberty of action other than their chiefs may lay down for them, they will remain the most pliable of all human material in the hands of designing leaders; and it is quite as plain that those leaders lack the intelligence, and in most cases the desire, even, to. give them good government. That upon such leaders should fall the greater rigor of the law for instigating their more ignorant followers to criminal deeds, all fair- minded men must admit, and upo^ these leaders in future must the more watchful attention of all officers be directed. The number of peaceful men who have been murdered in these islands at the insti- gation of the chiefs, while impracticable of exact determination, is yet known to be so great that to recount them would constitute one of the most horrible chapters in human history. With respect to these chiefs the commanding general has, therefore, no other recourse than to invoke the unrelenting execution of the law upon them and to appeal to the intelligent and educated among the Filipino people to aid him by renewed efforts to end a reign of terror of which their own people are the helpless victims. In confirming the sentence in this case regard has been had to the fact that the attempt of the defense to show, as a mitigating circumstance, that the murdered men were engaged in depredations upon the community wholly failed. Little more than baseless imputations upon the character of the dead, who can no longer defend them- CHAROES OF CTtUELTY, ETC., TO FILIPINOS. 295 selves, appears of record; while in one instance it is clear beyond doubt the victim was murdered because these accused, in their nervous dread, merely suspected that he was about to disclose to the American authorities their inhuman practices; but of which, in fact, he had no knowledge. Others of the victims had been insurgent soldiers, and as they did not join the conspiracy to murder, it is but just to their memory to infer that their failure or unwillingness to so join explains why their lives were taken. While all of these accused are guilty as principals, the commission by its recom- mendation, and the department commander, in approving the sentence, have recog- nized different degrees of their culpability. The sentence therefore in the case of Florentio Antonio, alias Prudencio, Pastor Santos, and Francisco Felizardo, alias Quicoy, and each of them, is accordingly com- muted to imprisonment at hard labor for life, and their place of confinement will be the presidio de Manila, to which they will be sent under proper guard. The sentence in the case of Celedonio Javier, Pablo Anorma, and Santiago Gadapia will be duly executed at Pasig, Province of Rizal, on the 5th day of December, A. D. 1901, under the direction of the commanding general, department of Northern Luzon. In the case of Leonardo de Posoy, this accused, upon his arraignment, asked for and was granted a separate trial. 11. — Leonardo de Posov, native. Plea.— "Not guilty." "" Finding. — Of the first specification, "guilty;" of the second specification, "Guilty;" of the third specification, "guilty;" of the fourth specification, "not guilty;" of the charge, "guilt v." Sentence. — And the commission does therefore sentence him, the accused, Leonardo de Posoy, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the members of the commission con- curring therein." In the foregoing case of Leonardo de Posoy, native, this accused, upon his request, had been given the privilege of a separate trial when first arraigned with his alleged associates, whose names appear in the foregoing charge and specifications. From the evidence it appears that the accused had been educated for the priest- hood, and about nine years ago had been regularly ordained to his holy calling. Early in 1900 Taytay was given a permanent garrison of one company of United States troops, and the accused was there found in the regular pursuit of his calling as curate of the place. Through his advantages of education, his spiritual relations with his people, and his active interest in their secular affairs, the oflUcers in command and serving with the garrison, according to their testimony, found him to be the most influential man in the community. The accused cultivated the good will of the American officers, and, responding to their wishes, promised to aid them by giving information that might aid in keeping the peace of the community. The people of Taytay were known to be in sympathy with the insurrection, but they were well within the lines of the army of occupation and were given every possible protection of life and property. To further aid them to return to the normal conditions of peace, the commanding officer, under the provisions of a general order of the commanding general, author- ized the people to organize a civil form of government for Taytay and to elect their own officers for its administration under authority of the United States. At this stage the special activity of this accused became marked. He was instrumental in getting the day set for the proj)Osed election of officers for the new government, and put forward and caused to be elected as presidente Celedonio Javier, an illiterate and bigoted man, whom he well knew was an officer of insurgents and whom he commended to the people as the best man for the office because he was "bold." Many insurgent officers, noncommissioned officers and soldiers of the disj^ersed insurgent army had taken up their residence in Taytay, and from them were selected men for all the places of trust in the new government. Having constituted themselves a band of war traitors under the protection of the Government of the United States, and by fraudulent representations established themselves in office under American authority, this accused and his associates now entered upon a series of offenses in violation of the laws of war, such as enforcing contributions in aid of the hiding guerrilla bands, holding connnunications with them, and giving them all possi])le aid and comfort. They had been instructed by the com- manding officer not to attempt the punishment of any person, but to aid the Amer- ican authorities in maintaining order and to limit their administrative work to the collection of the ordinarv taxes for the supjwrt of the native police of the town, and for the maintenance of schools. Disregarding these limitations, this accused and his associates entered upon a series of most cruel murders, three of their victims at least 296 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. being buried alive, the accused first confessing his victims before they were given over to the hideous and savage method of their execution. How far the joint respon- sibility of this accused extended for these murders is best revealed by his own testi- mony upon his trial. After admitting that he had confessed or offered to confess all the murdered men, the accused said: Q. " Did vou request the presidente not to execute these men, or not?" A. "No, sir." Q. "Why didn't you?" A. "I did not report to the commanding officer of the post in view that I thought they were acting according to the law — that they were the authorities and they were acting according to the law." Q. ' ' Acting according to what law? ' ' A. " The laws that they received from the government; but it was not my duty to investigate." Q. ' ' What government?' ' A. "The Filipino government, because in this war I know certainly that oflBcers are authorized to try and sentence outlaws." Q. "What officers tried and sentenced them?" A. " The presidente of Taytay." Q. "Under the Filipino government, then, what office did he hold?" A. "I know that he was presidente of the town." Q. " Presidente under what government? " A. "I know that he was presidente under the American Government, but I also know that he is an officer of the Filipino army." Q. "In which capacity did you understand he was acting when he executed Felipe Escamilla and Honorio? ' ' A. "As an insurgent officer. §§§ 2d lieutenant." Q. "Now, if you had reported to the American authorities in Taytay the execu- tion of Felipe Escamilla and Honorio, would you not have prevented the death of Monico and Gregorio Garivalles?" A. "It is true, sir; it is true, sir. But how can I make the distinction when I thought they were acting under some law?" That the accused had full power of life and death over the helpless victims of the conspiracy is clearly shown by his successful intercession in the case of a man from Teresa arrested at the same time with the Garivalles brothers. Concerning him the accused said: "I only knoM' this man from Teresa begged me to also beg the presidente to for- give him, in view that he is innocent and is only a traveler and was only arrested because he was there with the two brothers Garivalles." The evidence leaves no doubt that upon the mere suspicion of some unknown offense this stranger would also have met his death but for the intercession of this accused, an intercession he admitted he could successfully intervene. To break the force of this, counsel for accused questioned him as follows: Q. "What would have happened to you if you had interfered with the execution of these men by giving information to the American authorities of what the insur- gents were doing?" A. "I would also be killed, just like the others." Cross-examined on this point, the accused said: Q. "AVho were you afraid of in Taytay should you have reported these things to the American commander?" A. "Of the insurgents that might be there. ' ' Q. "Well, name them if you can?" A. "I don't know, sir; even out of town." Q. ' ' Would you have been in danger of your life if you had refused to confess these men? ' ' A. "I might be; I don't know for sure, but it might be." Such in his own language is the defense of this accused, but from the testimony taken as a whole there arises no doubt that this accused was the chief agent in the series of murders, many still wrapped in mystery, which has made the name of Tay- tay a reproach to the Filipino people. While the victims of the murderous conspiracy were being subjected to a most horrible form of death and their number was steadily being added to, this accused, with shameless falsehood, was assuring the American authorities that all was peaceful and well ordered among the people of Taytay. That he found neither authority nor inspiration from his ecclesiastical teachers nor CHARGES OF CRUELTY, ETC., TO FILIPINOS. 297 in the doctrines of his calHng for his conduct there can be no question. So, too, there arises from the evidence no doubt that he had sufficient intelhgence to understand his true criminal relations with his "associates, and that he must have known and did know that it was his duty, both as priest and citizen, to inform the American author- ties of the atrocities being committed by the people of his curacy. Why he did not so inform the lawful authorities can only be explained by the fact standing promi- nently out upon the face of the record, that he knew that he was a principal actor in these atrocious crimes and hence dared not confess his true responsibility for the same. Even, however, if his responsibility extended no further than the suppression of the truth regarding the part played by his criminal associates, he would still be particeps criminis in these murders. His silence, however, owing to his relation as spiritual guide to a simple-minded and ignorant people, had the evident intended effect of lending a spiritual sanction to the criminal course of his coconspirators. Upon him, therefore, mmiistakably rests the chief responsibility for the crimes they committed. His attempted defense upon the grounds that the confessions of the doomed men were privileged, and hence he was restrained by his sacred office to keep silent, has no value. The confessional does not lay upon any man, priest or layman, the obligation of suppressing knowledge of crimes being committed by third parties, the consummation of which could have been prevented without violating the secrecy of the confessional. But, in fact, his knowledge of these crimes was brought directh- to his notice and was not gained through the confessional. It is convincingly shown that the motives for these crimes sprang from the crimi- nal purpose of this accused and his coconspirators to rivet their usurped authority upon the people of Taytay. In the pursuance of this common purpose the accused forgot the teachings of the Divine Master, whose law is the law of love, and willfully entered upon the path of violence and crime. That he is guilty as charged there is no doubt. The sentence, approved by the department commander, is confirmed, and exact justice calls for its execution. However, out of respect for his calling and of the great religious organization of which he is a most unworthy member, the sentence is commuted to imprisonment at hard labor for the period of twenty years, and as thus commuted will be duly executed. The reviewing authority, however, desires it to be understood that his leniency in this case shall not be taken as a precedent. No person li^ing in these islands can be permitted to plead his office, however sacred or exalted, as a protection for crimes committed. The Presidio de Manila is designated as the place of confinement, to which the accused, Leonardo de Posoy, will be sent under proper guard. Bv command of Major-General Chaffee. W. P. Hall, Assistant A djutant- General. Headquarters Division of the Philippines, Manila, F. I., Xorember 7, 1901. General Orders, Xo. 342. Before a military commission which convened at Legaspi, province of Albay, Luzon, P. I., pursuant to paragraph 5, Special Orders, Xo. 238, Headquarters Depart- ment of Southern Luzon, August 26, 1901, and of which Capt. Lester AV. Cornish, 9th U. S. Cavalry, was president, and 1st Lieut. Willard H. McCornack, 9th U. S. Cavalry, was judge-advocate, was arraigned and tried ^Martin Gualverto, native. Ch arctE. — " Murder. ' ' Specification. — "In that he, INIartin Gualverto, native, did feloniously and with malice aforethought, kill and murder one Maria Iboyan (his wife) by choking her and otherwise maltreating her, the said ^laria Iboyan, until the said Maria Iboyan, did die from the said assault within fifteen minutes. This in a time of insurrection, at or near Baras, Catanduanes, P. I., a place within the operation of the forces of the United States, on or about the 1st dav of Mav, 1901." Plea.— "Not guihv," FiNDiN(;.— "Guilty." Sentence. — And the commission does therefore sentence him, Martin Gualverto, "To be confined at hard labor, at such place as the reviewing authority may direct, for the remainder of his natural life." In the foregoing case it appears that this accused, Martin Gualverto, in a quarrel with his wife arising from her well-founded jealousy, choked and beat her, causing injuries which shortly thereafter resulted in her death. 298 CHARaES OF CRUELTY, ETC., TO FILIPINOS. No reasonable doubt as to the guilt of accused as charged arises from the record. The sentence, approved by the department commander, is confirmed, and will be duly executed at the Presidio de Manila, to which place this accused, Martin Gual- verto, will be sent under proper guard. By command of Major-General Chaffee. W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. J., November?, 1901, General Orders, No. 843. Before a military commission which convened at Sorsogon, province of Sorsogon, Luzon, P. I., pursuant to paragraph 13, Special Orders, No. 169, Headquarters Depart- ment of Southern Luzon, June 18, 1901, and of which Maj. George A. Cornish, 15th U. S. Infantry, was president, and 2d Lieut. Kobert J. Binford, loth U. S. Infantay, was judge-advocate, wa§ arraigned and tried Gabino Santa Inez, native. Charge I. — " Violation of the oath of allegiance, in violation of the laws of war." Specification. — " In that he, Gabino Santa Inez, native, did willfully and knowingly^ after having voluntarily taken the oath of allegiance to the United States, become chief of a band of armed outlaws, calling themselves insurgents, operating in the prov- inces of Albay and Sorsogon, and did receive and execute orders for the purpose of carrying on an insurrection against the authority of the United States. This in time of insurrection, in the province of Sorsogon, a place under the military government of the United Statps, during the months of March, April, and May, 1901." Charge II. — "Murder." Specification. — "In that he, Gabino Santa Inez, native, did willfully, feloniously, and with malice aforethought murder and kill, by shooting with a pistol, and stab- bing with a dagger, Zacarias Moscoso and Eladio Doma, natives, said Zacarias Mos- coso and Eladio Doma receiving wounds at the hands of said Gabino Santa Inez, from which they the said Zacarias Moscoso and Eladio Doma, and each of them, did then and there die. This in time of insurrection, at Sugod, pueblo of Bacon, province of Sorsogon, P. I., a place under the military government of the United States, on the 16th day of April, 1900." Plea.— "Not guilty." Finding. — Of the specification, first charge, " guilty; " of the first charge, "guilty;" of the specification, second charge, "guilty, excepting the words 'by shooting with a pistol and stabbing with a dagger,' substituting therefor the words 'by hanging, and shooting with a firearm,' of the excepted Avords ' not guilty,' of the substituted words, 'guilty;'" of the second charge, "guilty." Sentence. — And the commission does therefore sentence him the said Gabino Santa Inez " to be hung by the neck until dead, at such place and time as may be desig- nated by the proper authority, two-thirds of the commission concurring therein, ' ' In the foregoing case of Gabino Santa Inez, native, it appears from the evidence that the accused was a captain of insurgents; that in April, 1900, two muchachos, one a servant of an American presidente, were delivered to him as prisoners, and merely because they were suspected of being Americanistas he caused them to be first hung up until nearly dead and then dispatched them by shooting them with firearms. It also appears that in February, 1901, the accused took the oath of allegiance to the United States and thereafter took up arms against its military forces. The sentence, approved by the department commander, is confirmed, but is com- muted to imprisonment at hard labor for the term of thirty (30) years. As thus com- muted the sentence will be duly executed at the Presidio de Manila, to which this prisoner will be sent under proper guard. Bv command of JNIajor-General Chaffee. AV. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines. Manila, P. I., Xovember 7, 1901. General Orders, No. 344. Before a military commission which convened at Manila, P. I., pursuant to para- graph 8, Special Orders, No. 194, Headquarters Department of Southern Luzon, July 13, 1901, and of which Lieutenant-Colonel John G. Leefe, 30th U. S. Infantry, was CHAEGES OF CEUELTY, ETC. , TO FILIPINOS. 299 president, and Captain Palmer E. Pierce, 13th U. S. Infantry, was judge-advocate, were arraigned and tried: Nicolas Aldana, Isaac Antonio, Prudencio Santiago, and EstanislaoQuilatan, natives. ■ Charge. — "Murder." Specification 1. — " In that they, Nicolas Aldana, Isaac Antonio, Prudencio Santiago, and Estanislao Quilatan, natives, did, feloniously and with malice aforethought, kill and murder one native, name and place of residence unknown, by striking him on the head with a revolver and otherwise beating and striking him, the said native, name unknown, from the effects of which he, the said native, name unknown, then and there died. This in time of insurrection, at or near a barrio of Las Piiias, P. I., a place under the militarv government of the United States, on or about the month of January, 1901." Specification 3. — "In that they, Nicolas Aldana, Isaac Antonio, Prudencio Santiago, and Estanislao Quilatan, natives, did, feloniously and with malice aforethought, kill and murder one Perfecto Nemeses, native, acting as newsboy for the 'Manila Free- dom,' by striking him, the said Perfecto Nemeses, native, on the head with a revol- ver, and placing the body of the said Perfecto Nemeses, native, while he was yet alive, into a grave, and placing and tramping dirt on and over the body of the said Perfecto Nemeses until he was strangled and smothered, from the effects of which he, the said Perfecto Nemeses, then and there died. This in time of insurrection, at or near a barrio of Las Piiias, P. I., a place under the military government of the United States, on or about the month of January, 1901." Pleas. — "Not guilty." Findings. — Of the first specification, "guilty;" of thesecond specification, "guilty," except of the words, 'and placing the body of the said Perfecto Nemeses, native, while he was yet alive, into a grave, and placing and tramping dirt on and over the body of the said Perfecto Nemeses until he was strangled and smothered,' and of the excepted words, 'not guilty.' " Of the charge, "guilty." Sentence. — And the commission does therefore sentence them, Nicolas Aldana, Isaac Antonio, Prudencio Santiago, and Estanislao Quilatan, natives, and each of them, "To be hung by the neck until they are dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring therein." In the foregoing case of Nicolas Aldana, Isaac Antonio, Prudencio Santiago, and Estanislao Quilatan, it appears from the evidence that these accused belonged to a band of ladrones, and in the pursuit of gain by robbery they murdered an unknown man and a newsboy, in the manner and form as charged. No reasonable doubt of the full responsibility of these accused for the crimes as charged spring from the rec- ord, each and all being willing actors therein. This case is but a repetition of many others, and is an added proof that the great majority of crimes committed in the Phil- ippine Islands are perpetrated by men consorting together for criminal purposes. Conscious of the power that numbers acting together give, these bands rob and mur- der upon an extensive scale. They trust to fortune that, if arrested for the crimes committed by the band, they may escape punishment by laying the responsibility upon some one of their criminal associates. But the law does not permit criminals to escape in that manner. The larger the band the greater the power does it possess of inflicting great wrongs and suffering upon the community. For this reason the responsibility is greater upon each individual person composing the band than if he acted singly and without conferring with or inducing others to act with him in the pursuit or accomplishment of his criminal purpose. Hence, in law, all who join together to rob, murder, or engage in any criminal purpose are alike guilty of the crimes resulting from their joint action. The sentence, approved by the department commander, is confirmed, and will be duly executed at Cavite, Cavite Province, P. I., on the 12th day of December, A, D. 1901, under the direction of the commanding general. Department of Southern Luzon. By command of Major-General Chaffee: W. P. Hall, Aiisistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. /., Xoveinbcr 14, 1901. General Orders, No. 349. Before a military commission which convened at Baliuag, Bulacan, Luzon, P. L, pursuant to paragraph 4, Special Orders, No. 212, headquarters Department of North- ern Luzon, August 6, 1901, and of which Captain James H. INIcRae, 3d U. S. Infantry, was president, and 2d Lieutenant Robert I. Rees, 3d U. S. Infantry, was judge-advo- cate, were arraigned and tried: Ezekiel Ignacio and Benito Lubao', natives. 300 CHARGES OB' CRUELTY, ETC., TO FILIPINOS. Charge. — "Murder." Specification. — "In that they, Ezekiel Ignacio and Benito Lubao, natives, each of them, did, in time, then as now, of insurrection against the Government of the United States, wih'ulh% feloniously, and with malice aforethought, kill and murder one Pro- ceso Mercado, native, by then and there shooting said Proceso Mercado with a revol- ver held in the hands of said Ezekiel Ignacio and while the said Proceso Mecado was being held by the said Benito Lubao, inflicting upon the said Proceso Mercado a bodily wound, from the effects of which said Proceso Mercado did, on or about the 30th day of May, 1900, die. This at or near Bonga Menor, a barrio of Bustos, prov- ince of Bulacan, P. I., a place, then as now, within the theatre of military operations of the United States forces, at or about 7 p. m. on or about the 27th day of May, 1900." Pleas.—' ' Not guilty. ' ' Findings.— "Guilty." Sentence. — And the commission does therefore sentence them, Ezekiel Ignacio and Benito Lubao, natives, and each of them, "To be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the mem- bers of the commission concurring therein. ' ' In the foregoing case it appears that these accused, Ezekiel Ignacio and Benito Lubao, while attempting to forcibly kidnap one Proceso Mercado at Bustos, Bulacan, for the purpose of conveying him before their ladrone chief, and while meeting with resistance from their victim, shot and killed him. The charges and specifications are fully proven. These accused admit all the essen- tial facts necessary to constitute the crime charged, and present no legal justification therefor. The sentence, approved by the department commander, is confirmed, and will be duly executed at Baliuag, Bulacan, P. I., on the 19th day of December, A. D. 1901, under the direction of the commanding general, Department of Northern Luzon. Bv command sf Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., November 14, 1901. General Orders, No. 350. Before a military commission which convened at Manila, P. I. , pursuant to para- graph 8, Special Orders, No. 194, Headquarters Department of Southern Luzon, July 13, 1901, and of which Lieutenant-Colonel John G. Leefe, 30th U. S. Infantry, was president, and Captain Palmer E. Pierce, 13th U. S. Infantry, was judge-advocate, were arraigned and tried: Seriaco Carreon and Cipriano Pablo, natives. Charge. — "Murder." Specification. — "In that they, Seriaco Carreon and Cipriano Pablo, natives, in company of a band of ladrones, numbers and names unknown, did, feloniously and with malice aforethought, kill and murder one Lazaro Santos, native, and ' teniente ' of the barrio of Pildira, town of Malibay, Luzon, P. I., by striking the said Lazaro Santos with a bolo, thereby severing his head from his body, from the effect of which he, the said Lazaro Santos, then and there died. This, in time of insurrection, at or near the town of Malibay, Luzon, P. I., a jjlace under the military government of the United States, on or about the 14th day of October, 1900." Pleas.— "Not guilty." Findings. — "Guilty." Sentence. — And the commission does therefore sentence them, Seriaco Carreon and Cipriano Pablo, natives, and each of them, "to be hanged by the neck until they are dead, at such time and place as the reviewing authority may designate, two- thirds of the commission concurring therein." In the foregoing case of Seriaco Carreon and Cipriano Pablo, natives, it appears from the evidence that these accused, in company with others, seized one Lazaro Santos in his house, conveyed him to the fields and there killed him by severing his head from his body with bolos. From the free admissions of one of the accused, corroborated by eyewitnesses and convincing circumstantial evidence, these accused were willing participants in this murder, which beyond their plea of not guilty they neither denied nor explained. The motive appears to have been private revenge upon deceased for his alleged bad faith in not recovering a lost carabao. The sentence, approved by the department commander, is confirmed, but in the case of Cipriano Pablo is commuted to confinement at hard labor for the period of CHARGES OF CEUELTY, ETC., TO FILIPINOS. 301 thirty (30) years; and as thus commuted will be duly executed at the Presidio de Manila, to which place this accused will be sent under proper guard. The sentence in the case of Seriaco Carreon will be duly executedatMalibay, P. I., on the 23d day of January, A. D. 1902, under the direction of the commanding general, Department of Southern Luzon. By command of Major-General Chaffee. W.P.Hall, Assistant Adjutant- General. Headquaetees Division of the Philippines, Manila, P. I., November 15, 1901. General Orders, No. 351. Before a military commission which convened at Manila, P. I., pursuant to para- graph 10, Special Orders, No. 142, headquarters provost marshal general, Separate Brigade, provost guard, June 22, 1901, and of which Colonel Charles F. Robe, 9th U. S. Infantry, was president, and Captain John H. Beacom, 6th U. S. Infantry, was judge-advocate, were arraigned and tried: Fabian Castro and Feliciano Gasingan, natives. Ch aege. — ' ' Murder. ' ' Specification. — " In that they, Hilario Romero, A^ictor Sacay, Catalino Simon, Fabian Castro, Vicente Castro, Cornelio Mateo, Feliciano Gasingan, and Tuslong Castro, alias Dionicio Castro, natives, and each of them at or near Manila, Luzon, P. I., a place then, as now, under the military government of the United States, on or about the 23d day of August, 1900, a time, then as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice afore- thought kill and murder one Lorenzo Laupoco, a native, by cutting and stabbing him, the said Lorenzo Laupoco, with daggers, then and there had and held in the hands of the said Hilario Romero, Victor Sacay, Catalino Simon, Fabian Castro, Vicente Castro, Cornelio Mateo, Feliciano Gasingan, and Tuslong Castro, alias Dionicio Castro, and each of them, inflicting wounds therewith on the person of the said Lorenzo Laupoco whereof he, the said Lorenzo Laupoco, then and there died." Pleas.— "Not guilty." Finding. — Of the specification to the charge, "guilty, except the words 'Hilario Romero, Victor Sacay, Catalino Simon, Vicente Castro, Cornelio ^Nlateo, and Tuslong Castro, alias Dionicio Castro,' where these words occur in the first, second, third, and fourth lines of the specification; and except the words ' Hilario Romero, Victor Sacay, Catalino Simon, Vicente Castro, Cornelio Mateo, and Tuslong Castro, alias Dionicio Castro,' where these words occur in the 15th, 16th, 17th, and 18th lines of the specification; and except the words, ' and each of them ' where these words occur in the 18th line of the specification, substitutiug therefor the words, 'and others, names unknown;' and except the words 'then and there' where these words occur in the 21st line of the specification, substituting therefor the words ' on or about September twelfth (12th), 1900;' of the excepted words not guilty and of the sub- stituted words guilty;" of the charge, "guilty." Sentence. — And the commission doth sentence them, the said Fabian Castro and Feliciano Gasingan, and each of them, "to be confined at hard labor, in such place as the reviewing authority may direct, for the period of ten (10) years." In the foregoing case of Fabian Castro and Feliciano Gasingan, the evidence against these accusecl is contradictory and unconvincing, while the preponderance of proof rests with the defense. Eight witnesses establish an alibi for accused Fabian Castro. A similar defense was fairly established for accused Feliciano Gasingan. It further appears that he was arrested shortly after the alleged assault, in his own house, brought before decedent, who expressly stated that he was not one of the perpetra- tors of the crime; and this in the presence of the witnesses for the prosecution, who likewise failed to identify him. Although living in the same neighborhood as the accused, it was not until eight months later that these witnesses for the first time changed their minds. That there is animus in this prosecution seems probable, and the variance between the testimony of the witnesses for the prosecution and their contradictions of their testimony on a former trial, involving the same state of facts, are little conducive to inspire confidence. The sentence is disapproved, and these accused, Fabian Castro and Feliciano Gas- ingan, will be released from custody. ■ Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant-General. 302 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Headquarters Division of the Philippines, Manila, F. I., November 15, 1901. General Orders, No. 352. Before a military commission which convened at Manila, P. I., pursuant to para- graph 6, Special Orders, No. 126, Headquarters Provost-Marshal-General, Separate Brigade, Provost Guard, June 3, 1901, and of which Lieut. Col. Robert W. Leonard, 28th Infantry, U. S. V., was president, and 1st Lieut. George P. Whitsett, 32d Infan- try, U. S. Y.,was judge-advocate, were arraigned and tried: Hilario Romero, Victor Sacay, and Catalino Simon, natives. Charge. — ' ' Murder. ' ' Specification. — "In that they, Hilario Romero, Victor Sacay, Catalino Simon, Fabian Castro, Vicente Castro, Cornelio Mateo, Feliciano Garingan, and Tuslong Castro, alias Dionicio Castro, natives, and each of them, at or near Manila, Luzon, P. I., a place then, as now, under the military government of the United States, on or about the 23d day of August, 1900, a time then, as now, of insurrection against the lawful authority of the United States, did willfully, feloniously, and with malice afore- thought kill and murder one Lorenzo Laupoco, a native, by cutting and stabbing him, the said Lorenzo Laupoco, with daggers, then and there had and held in the hands of the said Hilario Romero, Victor Sacay, Catalino Simon, Fabian Castro, Vicente Castro, Cornelio Mateo, Feliciano Garingan, and Tuslong Castro, alias Dionicio Castro, and each of them, inflicting wounds therewith on the person of the said Lorenzo Laupoco whereof he, the said Lorenzo Laupoco, then and there died." Pleas.— "Not guilty." Findings.— " Guilty. " Sentence. — And the commission doth sentence them, the said Hilario Romero, Victor Sacay, and Catalino Simon, and each of them, "To be confined at hard labor for a period of ten years in such place as the reviewing authority may direct. ' ' In the foregoing case it appears that these accused, Hilario Romero, Victor Sacay, and Catalino Simon, in company of an. armed band of outlaws, went to the house of one Lorenzo Laupoco, in Tondo, Manila, at 10.30 in the night, August 23d, 1900, assaulted all the occupants, robbed them of their money and jewelry, and then stabbed and cut with bolos the said Lorenzo Laupoco, inflicting eleven wounds, from the effects of which he died. The crime is proven against these accused beyond a rea- sonable doubt. The sentence, approved by the convening authority, is confirmed, and will be duly executed at the Presidio de Manila, to which place these accused, Hilario Romero, Victor Sacay, and Catalino Simon, and each of them, will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, November 15, 1901. General Orders, No. 353. Before a military commission which convened at Guinobatan, Albay Province, Luzon, P. I., pursuant to paragraph 7, Special Orders, No. 148, Headquarters Depart- ment of Southern Luzon, March 28, 1901, and of which Maj. Henry H. Wright, 9th U. S. Cavalry, was president, and First Lieut. Philip W. Corbusier, 9th U. S. Cavalry, was judge-advocate, was arraigned and tried: Florentino Marbella, native. Charge. — ^^ Murder." Specification. — " In that Florentino Marbella, on or about the 27th day of March, 1901, a time of insurrection at or near the pueblo of Oas, province of Albay, P. I., a place within the theater of active operations under the Government of the United States, did, willfully, feloniously, and with malice aforethought kill and murder one Juan Ricafranca, a native Filipino, by stabbing and cutting the said Juan Ricafranca with a weapon commonly known as " Dolo," held in the hands of the said Florentino Marbella, inflicting wounds whereof the said Juan Ricafranca then and there died. This at Oas, province of Albav, P. L, on the 27th day of March, 1901." Plea.— "Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Florentino Marbella, native, "To l)e confined at hard labor, at such place as the reviewing authority may designate, for the rest of his natural life." In the foregoing case it appears that the accused, Florentino Marbella, in the heat ■of passion killed with a bolo one Juan Ricafranca in the public market place of the CHARGES OF CRUELTY, ETC., TO FILIPINOS. 303 pueblo of Oas, Albay, March 27, 1901. The deed was committed in the presence of many people, including policemen, who immediately apprehended the perpetrator. The sentence, approved by the department commander, is contirmed, and will be duly executed at the Presidio de Manila, to which place the accused, Florentmo Marbella, will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Divisiox of the Philippines, Manila, P. I., Xorember IS, 1901. General Orders, Xo. 358. Before a military commission which convened at Manila, P. I., pursuant to para- graph 8, Special Orders, Xo. 194, Headquarters Department of Southern Luzon, July 13, 1901, and of which Lieutenant-Colonel John G. Leefe, 30th U. S. Infantry, was president, and Captain Palmer E. Pierce, 13th C S. Infantry, was judge-advocate, were arraigned and tried Patricio de la Cruz and Benedicto Lozado, natives. Charge. — "Murder." Specification. — "In that they, Patricio de la Cruz and Benedicto Lozado, natives, did feloniously and with malice aforethought, kill and murder two Chinese mer- chants (names unknown), of the town of Las Pifias, P. L, by striking and beating the said Chinese with clubs and other blunt instruments, and cutting the throat of one of the said Chinese with a bolo, from the effects of which they, the said two Chinese merchants, then and there died. This in time of insurrection, at or near the town of Las Piiias, P. I., a place under the military government of the United States, on or about the month of Julv, 1900." Pleas. — ' ' Xot guilty. ' ' Findings. — ' ' Guilty. ' ' Sentence. — And the commission does therefore sentence them, Patricio de la Cruz and Benedicto Lozado, natives, and each of them, "To be hung by the neck until they are dead, at such time and place as the reviewing authority may direct, two- thirds of the commission concurring therein." In the foregoing case of Patricio de la Cruz and Benedicto Lozado it is alleged that the latter confessed that he and others, including the former, seized and carried away by force two Chinos, merchants of Las Piiias, and killed them with clubs and bolos; that the bodies of the victims were for a time left near the scene of murder, and later removed secretly at night into the public cemetery and there buried. According to this alleged confession, the voluntary admissions of this accused, and his gloating over the details of the crime discloses such a state of mental unsoundness that even if his confession was fully established a doubt as to its reliability would naturally arise. But he says his confession was extorted from him by the native police, who threatened him with a revolver. It is certainly established that in endeavoring to follow out the directions of the police to locate the burying place of the alleged vic- tims this accused took them to more than one place where no bodies were found, and finally conveyed them to a spot where human bones were certain to be found, i. e., the public cemetery, and in the grave pointed out they found the bones of three instead of only two bodies, but no sack such as was alleged contained the bodies of the supposed victims, and no queues of hair. In the whole case there is no proof of the corpus delicti; the bones dug out of the cemetery were not identified; there is nothing to show that two Chino men were killed, outside of the alleged confession, and no proof that any two Chinamen had disappeared from Las Pinas or elsewhere. It is a well-established rule of law that evidence of a confession is not admissible until a foundation has been laid by estab- lishing the corpus delicti. There is direct evidence on behalf of the prosecution that the accused, Lozado, is of weak intellect, and his actions under his alleged confes- sion, and as proven, irresistibly confirm this conclusion. Conceding that he did in fact voluntarily make such a confession, numerous precedents are not lacking where mania takes the form of confessions to imaginary crimes, and confessions alone are seldom sufficient to convict. On the whole case there is ample doubt in favor of these accused, and, this existing, they are entitled to its benefits. The sentence is disa])proved and the accused, Patricio de la Cruz and Benedicto Lozado, will be released from custody. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. 304 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Headquarters Division of the Philippines, Manila, P. I., November 18, 1901. General Orders, No. 359. Before a military commission which convened at Oroquieta, Mindanao, P. I., pursuant to paragraph 1, Special Orders, No. 137, Headquarters Department of Min- danao and Jolo, July 13, 1901, and of which Capt. Francis J. Koester, 15th U. S. Cavalry, was president, and Second Lieut. Arthur J. Lynch, 15th IJ. S. Cavalry, was judge-advocate, was arraigned and tried Florentino Sabuero, native. Charge I. — "Abduction." Specification. — "In that he, Florentino Sabuero, native, in company of, and con- sorting with, armed outlaws to the number of 14, more or less, did unlawfully and feloniously seize, bind, and conduct away, against his will, a native Filipino, name unknown. This in time, then as now, of insurrection against the lawful authority of the United States, on or about the 12th day of January, 1901, at or near the barrio of Macpan, pueblo of Jiminez, province of Misamis, P. I., a place then, as now, in the theater of militar v operations. ' ' Charge II.—' ' Murder. ' ' Specification. — "In that he, Florentino Sabuero, native, in company of, and con- sorting with, armed outlaws to the number of 14, more or less, did wilfully and feloniously abet and assist in murdering one native Filipino, name unknown, by stabbing him, the said native Filipino, name unknown, with knives and bolos held in the hands of the said outlaws, inflicting wounds whereof the said native Filipino then and there died. This in time, then as now, of insurrection against the lawful authority of the LTnited States, on or about the 12th day of January, 1901, at or near the barrio of Macpan, pueblo of Jiminez, province of Misamis, P. I., a place then, as now, in the theater of military operations." Plea.— "Not guiltv." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, Florentino Sabuero, "To be hanged by his neck until he is dead, at such time and place as the reviewing authority may designate, two-thirds of the commission concurring therein." In the foregoing case the accused, Florentino Sabuero, is charged with the abduc- tion of a man, and murder. There is no evidence to sustain the charge of murder, and the evidence in support of the specification that he kidnaped a native is unreliable and unconvincing, given by convicted members of the band of outlaws that actually committed the murder, but who all agree in their testimony that accused was not a member of such band. So many general orders have been published from these headquarters, defining the crime of abduction and its inapplicability to the act of kidnaping a man, that it is almost inconceivable that officers should persist in preferring this ridiculous and impossible charge where a male is the victim of the sequestration. The gist of the offense of abduction is the taking or detaining of a female against her will with the intent to carnally know or marry her. In the future this charge will not be preferred in instances where males are kidnaped. The sentence is disapproved, and the accused, Florentino Sabuero, will be released from custody. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., November 25, 1901. General Orders, No. 365. Before a military commission which convened at Capiz, Capiz Province, Panay, P. I., pursuant to paragraph 2, Special Orders, No. 112, Headquarters Department of the Visayas, Iloilo, Panay, P. I., May 1, 1901, and of which Capt. William F. Grote, 18th U. S. Infantry, was jpresident, and Second Lieut. William ]M. Kistler, 18th XJ. S. Infantry, was judge-advocate, was arraigned and tried Perfecto Abatan, native. Charge. — "Murder." Specification 1. — "In that on or about the 11th day of January, A. D. 1901, then as now a time of insurrection against the authority of the L'nited States, at or near the pueV)lo of Capiz, province of Capiz, island of Panay, P. L, a place, then as now, under the military occupation and government of the United States, one Perfecto Abatan, a native, did feloniously, willfully and with malice aforethought kill and murder one Victorio Ciavero, a native, hy striking him two blows upon the head, CHARGES OF CRUELTY, ETC., TO FILIPINOS. 305 one blow upon the right hand, and one blow upon the left forearm, all delivered with a bolo or other sharp instrument held in the hands of the said Perfecto Abatan, from which wounds inflicted as aforesaid the said Victorio Clavero then and there died." Specification 2. — "In that on or about the 11th day of January, A. D. 1901, then as now a time of insurrection against the authority of the United States, at or near the pueblo of Capiz, province of Capiz, island of Panay, P. I., a place, then as now, under the military occupation and jurisdiction of the United States, one Perfecto Abatan, a native, did kill and murder one Lorenza de la Cruz, a native woman, by striking her one blow upon the back of the neck, one blow^ upon the right side of the face, and one blow upon the left side, all delivered with a bolo or other sharp instru- ment held in the hands of the said Perfecto Abatan, from which blows so inflicted as aforesaid the said Lorenza de la Cruz then and there died." Plea.— "Not guilty." Finding. — Of the first specification, "'guilty' with the exception of the words 'wilfully and with malice aforethought' and the words 'and murder', and of the excepted words 'not guilty.'" Of the second specification, "'guilty' with the exception of the words ' and murder, ' and of the excepted words ' not guilty. ' " Of the charge, " 'Not guilty' but guilty of ' manslaughter.' " Sentence. — And the commission does therefore sentence him, Perfecto Abatan, a native, "to be confined at hard labor for the period of his natural life, at such place as the reviewing authority may direct." In the foregoing case of Perfecto Abatan, the jjrosecution has failed to establish the alleged crime by competent evidence. It was, under the common law and our military practice, gross error to receive the evidence of the wife of accused against him, and, this being eliminated, there is no evidence of his guilt. His own state- ment that he was drunk that night and knew nothing of what happened is not an aftirmative admission of guilt, and not inconsistent either with a justifiable homicide or even lack of participation in the crime. His plea of "not guilty" negatives an implied confession, but on a plea of not guilty the burden is on the prosecution to first establish the guilt of accused, not only beyond a reasonable doubt but by com- petent evidence before relying upon him to incriminate himself by implication. The record is not free from other illegalities and irregularities to the prejudice of the rights of accused. Specification 2 fails to allege malice or felonious character of the act charged. The department commander has approved the proceedings, directed the sentence to be executed, and designated the place of confinement, in disregard of the provision of paragraph 4, General Orders, No. 64, Headquarters Division of the Philippines, August 10, 1900. Again, when the proceedings were returned to the commission for correction of the record to show whether the statement of accused was made at his own request and with the knowledge and consent of his counsel, this information was supplied by the president individually without the commission having been reconvened. That it is better that many guilty men should escape punishment than an innocent one suffer is too well grounded in the administration of justice to pass unheeded by military commissions. So, too, it is better that no person, innocent or guilty, should be convicted unfairly, in violation of his legal rights and privileges, or in defiance of the well-established and equitable laws of evidence without which the evolution of one system of law and justice would be impossible. While a strong presumption of the guilt of the accused arises from the record, the illegalities and irregularities pointed out are too great to receive further official sanction. The sentence is disapproved, and the accused, Perfecto Abatan, will be released from custody. By conunand of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. L, November 29, 1901. General Orders, No. 366. Before a military commission Avhich convened at Lucena, Province of Tayabas, Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 210, Headquarters Depart- ment of Southern Luzon, July 29, 1901, and of which Captain Harry H. Bandholtz, 2d U. S. Infantry, was president, and 1st Lieutenant George C. Martin, 2d U. S. Infantry, was judge-advocate, was arraigned and tried Malareno Juan, alias Juan Miran, native. S. Doc. 205, pt 2 20 306 CHARGES OF CRUELTY, ETC., TO FILIPINOS. Charge. — ' ' Murder. ' ' Specification. — "In that he, Malareno Juan, alias Juan Miran, a native, and resi- dent of the Province of Tayabas, Luzon, P. I., on or about the 19th day of February, 1900, then, as now, a time of insurrection, at or near tlie pueblo of Silangan, Island of Alabat, a place now, as then, under the military authority of the United States, did willfully, feloniously, and with malice aforethought kill and murder one Chino, 'Goa,' surname unknown, by striking him with a bolo or other sharp instrument, inflicting wounds from which the said 'Goa,' surname unknown, then and there or shortlv afterwards died." Plea.— "Not guiltv." FiNDiNCx.— "Guilty." Sentence. — And the commission does therefore sentence him, Malareno Juan, alias Juan ]Miran, " To be hung by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds of the commission agreeing." In the foregoing case it appears that this accused, Malareno Juan, with a few onlooking companions, met in the streets of Silangan, Island of Alabat, a Chinaman named Goa, accused him of being an American secret-service man, and then stabbed him to death with a dagger. Upon the witness stand accused admitted his guilt. The sentence, approved by the department commander, is confirmed and will be duly executed at Tayabas, Luzon, P. I., on the twenty -third (23d) day of December, A. D. 1901, under the direction of the commanding general, Department of Southern Luzon. By command of Major-General Chaffee: W. P. Hall, Assista7it Adjutant-General. Headquarters Division op the Philippines, Manila, P. J., November 29, 1901. General Orders, No. 367. Before a military commission which convened at San Isidro, Nueva Ecija, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 159, Headquarters Department of Northern Luzon, June 11, 1901, and of which Captain Albert C. Dalton, 22d U. S. Infantry, was president, and 1st Lieutenant Raymond Sheldon, Battalion Adjutant, 22d LT. S. Infantry, was judge-advocate, was arraigned and tried Flaviano San Pedro, native. Charge. — "Murder." Specijication. — "In that he, Flaviano San Pedro, native, resident of the pueblo of Cabanatuan, Nueva Ecija, did, with sundry other persons armed with guns, on or about the 10th day of August, 1900, then, as now, a time of insurrection, at Sumacab, a barrio of Cabanatuan, Province of Nueva Ecija, then, as now, a place under the military occupation and government of the United States, feloniously and willfully, and with malice and intent aforethought, kill and murder one Marcelino Puno, a Filipino, by shooting him with a rifle or other firearm, thereby causing the death of the said Marcelino Puno, on or about the 10th day of August, 1900. ' ' Plea.— "Not guilty." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, the said Flaviano San Pedro, native, "To be hanged by the neck until he shall be dead, at such time and place as the proper reviewing authority may direct, two-thirds of the members of the commission concurring therein." In the foregoing case it appears that the accused, Flaviano San Pedro, in company of and a leader of four armed outlaws at Sumacab, Nueva Ecija, about August 10, 1900, and within the lines of the American occupation, lay in wait for and intercepted a carromata containing two natives, Graciano Garcia and Marcelino Puno, the latter of whom this accused shot and killed, and robbed both of their money and valuables. The charge and specification is fully proven against this accused, and his own admis- sions corroborate the essential facts necessary to constitute the crime. No mitigating circumstances appear of record. The sentence, approved by the department commander, is confirmed, and will be duly executed at San Isidro, Nueva Ecija, Luzon, P. I., on the twenty-third (23d) day of December, A. D. 1901, under the direction of the commanding general. Department of Northern Luzon. Bv command of Major General Chaffee: W. P. Hall, Assistant Adjutant- General. CHARGES OF CRUELTY, ETC., TO FILIPINOS. 307 Headquarters Division of the Philippines, Manila, P. I., November 29, 1901. General Orders, Xo. 368. Before a military commission which convened at Echague, Isabela, P. I., pursuant to paragraph 12, Special Orders, No. 121, Headquarters Department of Northern Luzon, May 5, 1901, and of which Captain (ieorge E. French, 16th U. S. Infantry, was president, and 2d Lieutenant Charles L. McKain, 16th U. S. Infantry, was judge- advocate, was arraigned and tried Nasario Yalle, native. Charge — ' ' Murder. ' ' Specification 1. — "That Nasario Valle, as leader of a band of outlaws numbering thirty, more or less, did wilfully and maliciously kill and murder Tiburcio Baltazar, a native, by beating him with pieces of rattan held in the hands of members of said band, from the effects of which the said Tiburcio Baltazar then and there died. This on or about the 1st day of Februar}', 1901, a time of insurrection against the lawful authority of the United States and at or near the pueblo of Ibung, province of Nueva Viscaya, P. I., territory occupied by the United States forces." Specification 3. — "That Nasario Valle, as leader of a band of outlaws numbering thirty, more or less, did wilfully and maliciously kill and murder Juan Oarang, a native, by beating him with pieces of rattan held in the hands of members of said band, from the effects of which the said Juan Oarang then and there died. This on or about the 7th day of February, 1901, a time of insurrection against the lawful authority of the United States and at or near the pueblo of Ibung, province of Nueva Viscaya, P. I., territory occupied by the L'nited States forces." Specifications. — " That Nasario Valle, as leader of a band of outlaws numbering thirty, more or less, did wilfully and maliciously kill and nuu'der Eulalio Saridon, a native, by burying him alive in the ground, which interment was performed by members of said band under the direction of said Nasario Valle, and from the effects of which said Eulalio Saridon then and there died. This on or al)out the 1st day of March, 1901, a time of insurrection against the lawful authority of the L'nited States, and at or near the pueblo of Ibung, province of Nueva Viscaya, P. I., territory occupied by the United States forces. ' ' Specification 4- — " That Nasario Valle, as leader of a band of outlaws numbering thirty, more or less, did wilfully and maliciously kill and murder Raymunda Alejo, a native woman, by burning her with fire while fastened to a stake, the said fire being set by members of said band, and from the effects of which said Raymunda xllejo then and there died. This on or about the 1st day of March, 1901, a time of insur- rection against the lawful authority of the United States, and at or near the pueblo of Ibung, province of Nueva Viscaya, territory occupied by the Untied States forces." Specification 5. — "That Nasario Valle, as leader of a band of outlaws, numbering thirty, more or less, did wilfully and maliciously kill and murder Federica Asuncion, a native woman, by burning her with fire while fastened to a stake, the said fire being set by members of said band, and from the effects of which said Federica Asuncion then and there died. This on or about the 1st day of March, 1901, a time of insurrection against the lawful authority of the L^nited States, and at and near the pueblo of Ibung, Nueva Viscaya, P. I., territory occupied by the United States forces." Specification 6. — "That Nasario Valle, as leader of a band of outlaws, numbering thirt}', more or less, did wilfully and maliciously kill and murder Francisco Suyat, a native, by cutting his throat wiith a knife held in the hands of members of said band, from the effects of which said Francisco Sugat then and there died. This on the 3d day of March, 1901, at the barrio of Latorre, pueblo of Bayambong, province of Nueva Viscaya, in a time of insurrection against the lawful authority of the United States and in tcrritorv occupied bv the United States forces. Plea.— "Not guilty." FiNDiNCis. — Of the first specification, "guilty." Of the second specification, "guilty." Of the third specification, "guilty." Of the fourth specitication, "guilty." Of the fifth specification, "guilty." Of the sixth specification, "not guilty." Of the charge, "guilty." Sentence. — And the conmiission does therefore sentence him, Nasario Valle, a native, "To be hanged by the neck until dead, at such time and place as the review- ing authority may direct, two-thirds of the members concurring therein." In the foregoing case it appears that this accused, Nasario Valle, a conunissioner of the Katipunan Society at Ibung, Nueva S'iscaya, compelled the inhabitants to take the oath of that organization, issued orders that all who should refuse to follow the dictates of the same should suffer death, and in pursuance of such orders did in fact cause to be killed in the following barbarous manner: Tiburcio Baltazar and Juan Oarang, by beating them to death; Eulalio Saridon, by burying him alive; and Ray- munda Alejo and Federica Asuncion, native women, by burning at the stake. 308 CHARGES OF CRITELTY, ETC., TO FILIPINOS. The guilt of the accused as found by the commission is estabhshed beyond all reasonable doubt, and the savage and horrible character of the crimes committed calls for but one fitting penalty. The sentence, approved by the department commander, is confirmed, and will be duly executed against this accused Nasario Valle, at Solano. Xueva Viscaya, Luzon, P. I., on the nineteenth (19th) day of December, A. D., 1901, under the direction of the commanding general, Department of Northern Luzon. By Command of Major-General Chaffee: W. P. Hall, Assistcmt Adjutant-General. Headquarters Division of the Philippines, Manila, P. I., November 30, 1901. General Orders, No. 371. Before a military commission "which convened at San Fernando, province of Pam- panga, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 203, Headquarters Department of Northern Luzon, July 27, 1901, and of which Major George H. Pad- dock, 5th L". S. Cavalry, was president, and Second Lieutenant Burton J. Mitchell, 22d U. S. Infantry, was judge-advocate, were arraigned and tried: I. — Liberate Lazaro, native. Charge. — ' ' Murder. ' ' Specification. — ''In that he, Liberato Lazaro, native, in company of and consorting with a band of armed outlaws, number unknown, and of which he was the leader, and having in his power as a prisoner one Jose Buencamino, native, presidente of the pueblo of San ]Miguel de 3Iayumo, province of Bulacan, did order one Regino Cervantes, native, member of said band, to stab the aforesaid Jose Buencamino with a dagger, which was done, and from the effects of which the latter then and there died. This feloniously and with malice aforethought, at or near the sitio of Bisal, jurisdiction of the pueblo of Baliuag, province of Bulacan, on or about the 4th day of November, 1900, this being in time of insurrection, and in a region the scene of active militarv operations." Plea.— "Not guilt V." Finding.— "Guilty." Sentence. — And the commission does therefore sentence hun, Liberato Lazaro, native, "to be hung by the neck until dead, two-thirds of the commission concur- ring therein, at such time and place as the reviewing authority may designate." II.— Regino Cervantes, native. Charge. — ' ' Murder. ' ' Specification. — "In that he, Eegmo Cervantes, being voluntarily a member of a band of armed outlaws, under the immediate command of one Liberato Lazaro, and associating with said Lazaro as well as with Camelo ^Nlendoza, Ciriaco de la Rosa and divers other natives, unknown, did kill and murder one Jose Buencamino, native, presidente of the pueblo of San Miguel de ]\[ayumo, province of Bulacan, by stab- bing the aforesaid Jose Buencamino with a dagger, inflicting wounds from which he then and there died, the aforesaid Jose Buencamino being at the time a helpless prisoner in the hands of said band of outlaws of which Regino Cervantes was a member. This feloniously and with malice aforethought, at or near the sitio of Bisal, jurisdiction of the pueblo of Baliuag, province of Bulacan, on or about the 4th day of November, 1900, this being in time of insurrection, and in a region the scene of active military operations." Plea. — To the specification, "guilty, with the excei^tion of the words 'and murder' and 'this feloniously and with malice aforethought,' to the excepted words, not guilty." To the charge, "not guilty." Finding. — Of the specification, "guilty, excepting the words 'and murder' and 'with malice aforethought,' and of the excepted words not guilty." Of the charge, "not guilty, but guilty of manslaughter." Sentence. — And the commission does therefore sentence him, the said Regino Cer- vantes, native, "to be confined at hard labor, at such place as the reviewing author- ity n)ay designate, for a period of fifteen (15) years." III. — Camelo Mendoza and Ciriaco de la Rosa, natives. C H ARCiE. — • ' Murder. ' ' Specification. — "In that they, Camelo Mendoza and Ciriaco de la Rosa, natives, being voluntarily members of a band of armed outlaws under the command of one Liberato Lazaro, and associating with said Liberato Lazaro as well as with Regino Cervantes and divers natives whose names are unknown, did take one Jose Buen- CHARGES OF CRUELTY, ETC., TO FILIPINOS. 309 camino, native, presidente of the pueblo of San Miguel de Mayumo, province of Bulacan, to a secluded spot in the vicinity of Bisal, a sitio in the vicinity of Baliuag, province of Bulacan, and did there guard him while he was killed by the aforesaid Regino Cervantes, who stabbed the aforesaid Jose Buencamino with a dagger, from the effects he then and there died, said Jose Buencamino being at that time a help- less prisoner in the hands of said band of armed outlaws, of which Camelo Mendoza and Ciriaco de la Rosa were members. This feloniously and with malice afore- thought at the place specified, on or about the 4th day of November, 1900, this being in time of insurrection and in a region the scene of active militarv operations." Plea.— "Not guilty." Finding. — Of the specification, "guilty, except the words 'and with malice afore- thought' and of the excepted words not guilty." Of the charge, "not guilty, but guilty of manslaughter." Sentence. — And the commission does therefore sentence them, the accused Camelft Mendoza and Ciriaco de la Rosa, natives, "to be confined at hard labor, at sucn place as the reviewing authority may designate, for a period of fifteen (15) years." In the foregoing cases of Liberato Lazaro, Regino Cervantes, and Ciriaco de la Rosa and Camelo Mendoza, natives, it appears by the evidence that these accused were insurgent guerrillas who, in the ordinary dress of men engaged in peaceful pursuits, operated within the lines of occupation of the United States forces; that because of special trust reposed in them by their senior officers they were selected with others to take charge of Jose Buencamino — w^ho had accepted office as the American presi- dente of San Miguel de Mayumo, and was then held by the insurgents as a prisoner — and to conduct him to a secluded spot and kill him. This order was carried out by these accused under the direction of Liberato Lazaro, who held the rank of lieu- tenant, Regino Cervantes giving the fatal blows with a dagger, while Ciriaco de la Rosa and Camelo Mendoza stood by to insure the faithful execution of the order to kill their helpless victim. Soldiers who in the ordinary dress of citizens steal into or dwell within the lines of the opposing army for the purposes of robbery and murder or to secretly burn and destroy property valuable to such opposing army, or to commit other high crimes, are not entitled to the protection of the laws of war. Such offenders can not plead the orders of their superior officers in justification of their murderous deeds, but like the spy caught in the act within the lines of the opposing forces, they must suffer the consequences of their own acts. The sentences, approved by the department commander, are confirmed, but as the chief instigator of this wanton murder has already paid the penalty therefor with his life, the sentence in the case of Liberato Lazaro is commuted to imprison- ment at hard labor for the term of fifteen years. The sentences as confirmed in each case, and as commuted in the case of Liberato Lazaro, will be duly executed at the Presidio de Manila, to which these prisoners will be sent under proper guard. By command of Major General Chaffee: AV. P. Hall, Assistan t Adjutant- Gen eral. Headquartees Division of the Phillipines, Manila, P. L, December 5, 1901. General Orders, No. 376. Before a military commission which convened at Iloilo, Panay, P. L, pursuant to paragraph 3, Special Orders, No. 70, Headquarters Department of the Visayas, March 16, 1901, and of which Maj. Charles J. Crane, U. S. Infantry, Assistant Adju- tant-General, was president, and Capt. Edwin F. Glenn, 25th U. S. Infantry, was judge-advocate, was arraigned and tried Segundo Las Banas, a native. Charge I. — "Murder." Specification. — "In that Segundo Las Bafias, native, did willfully, feloniously, and with malice aforethought murder and kill Placida Catalonia, daughter of Jose Cata- lonia, by shooting said Placida Catalonia with a rifle, the bullet therefrom striking said Placida Catalonia in the forehead and passing entirely through the head, thereby inflicting a mortal wound, of which the said Placida Catalonia there and then diea. "This at the barrio of Ipil, pueblo Calinog, province of Iloilo, Panay, P. I., then, as now, a time of insurrection against the authority of the United States Government, on or about the 'fourth Wednesdav' of Februarv, 1901." Charge II.—" Assault with intent to kill." Specification. — "In tliat Segundo Las Banas, native, did willfully, feloniously, and with malice aforethought, with intent to kill, assault Pas Catalonia, daughter of Silvestre Catalonia, and shoot with a rifle said Pas Catalonia, inflicting a painfu 310 CHARGES OF CRUELTY, ETC. , TO FILIPINOS. wound, said Pas Catalonia being shot at or near the right ear, the bullet passing through the head and coming out through the right eye. This at the barrio of Ipil, pue])lo of Calinog, province of Iloilo, Panay, P. I., then, as now, a time of insurrection against the authority of the United States Government, on or about the 'fourth "Wednesdav' iuFebruarv, 1901." Charge III.— "Robbery." Specijicatiou 1. — "In that Segundo Las Banas did feloniously and forcibly take, steal, and carry away from the presence of and the property of Ramon Alcalde (he herding and watching a herd of carabao) 36 carabao of the value of 1,400 pesos, Mex.,said Segundo Las Banas having first made a prisoner of and having bound the said Ramon Alcalde. This at the barrio of Alibunan, pueblo of Calinog, province of Iloilo, Panay, P. I., then, as now, a time of insurrection against the authority of the United States Government, on or about the 15th day of February, 1901." Specification 2. — "In that Segundo Las Banas did feloniously and forcibly take, steal, and carry away from the presence of, and the propertj'^ of Ramon Alcalde, one carabao, of the value of 40 pesos, Mex., after intimidating and making a prisoner of the said Ramon Alcalde; Segundo Las Baiias being accompanied by 15 men armed with rifles. This at the puel)lo, Tapaz, province of Capiz, Panay, P. I., then, as now, a time of insurrection against the authority of the L^nited States Government, on or about the 7th day of February, 1901." Specification S. — "In that Segundo Las Baiias did feloniously and forcibly take, steal, and carry away from the person of and the property of Ramon Alcalde, ten pesos, being money of legal tender, of the value of §5.00 gold, L'nited States currency. This at the pueblo of Tapaz, province of Capiz, Panay, P. I., then, as now, a time of insurrection against the authoritv of the United States Government, on or about the 7th day of February, 1901." Plea. — "Not suiltv." Finding.—' ' Guilty. ' ' Sentence. — And the commission does therefore sentence him, Segundo Las Bafias, native, "to be hung by the neck till dead, at such time and place as may be directed by the reviewing authority, two-thirds of the members concurring in the death sen- tence." In the foregoing case it appears that this accused, Segundo Las Baiias, a leader of a band of outlaws which, with intent to rob a corral, fired upon the inmates of the house of the owner and wantonly killed with a rifle a native woman, Placida Catalonia, and wounded in the head a small native girl twelve years of age, causing the loss of her right eye. It further appears that this accused and his band com- mitted other robberies in the manner and form as charged. No reasonable doubt as to the full guilt of the accused arises from the record, and his murder of a defenseless woman and cruel wounding of an innocent child was wanton and malicious. The sentence, approved by the Department Commander, is confirmed, and will be duly executed against this accused, Segundo Las Baiias, at Iloilo, Panay, P. I., on the twenty-second (22d) day of January, A. D. 1902, under the direction of the Com- manding General, Department of South Philippines. Bv command of INIajor-General Chaffee, W. P. Hall, Assistant A djutant- General. Headquarters Division of the Philippines, Manila, P. I., December 6, 1901. General Orders, No. 378. Before a military commission which convened at Malabon, Rizal, Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 156, Headquarters Department of Northern Luzon, June 8, 1901, and of which Major William H. Cook, surgeon, U. S. Volunteers, was president and 1st Lieutenant Paul Giddings, 3d L". S. Infantry, was judge-advocate, were arraigned and tried Dionicio Jumaquio and Selvino Pangan, natives. Charge L — "Kidnaping." Si^ecification. — "In that they, Dionicio Jumaquio and Selvino Pangan, natives, both residents of the pueblo of Paombong, Province of Bulacan, P. L, each of them in company of and consorting with a band of outlaws, armed with guns and bolos, five, more or less, in number, did feloniously and forcibly seize, bind and carry away against his will one ]Marianno Cruz, native. This on or about the 1st day of Decem- ber, 1900, a time, then as now, of insurrection against the lawful authority of the United States, at or near the barrio of Capitangan, pueblo of Paombong, Province CHARGES OF CRUELTY, ETC., TO FTLIPIT^OS. 311 of Bulacan, P. I., a place, then as now, under the mihtary government of the United States." CharCxE II.—" Murder. ' ' • Specification. — " In that they, Dionicio Jumaquio and Selvino Pangan, natives, both residents of the pueblo of Paonibong, Province of Bulacan, P. I., each of them, in company of and consorting with a band of outlaws, five, more or less, in number, armed, witli guns and bolos, under the leadership of the said Dionicio Jumaquio, did feloniously, willfully, and with malice aforethought assault one Marianno Cruz, native, by striking, stabbing, and beating the said ^larianno Cruz, native, with bolos, guns, and clubs held in the hands of the said Dionicio Jumaquio and Selvino Pangan, and throwing him, the said Marianno Cruz, bound, into the Calanate River with intent to kill and murder him, from the effects of which he, the said Marianno Cruz, then and there died. This on or about the 1st day of Deceml^er, 1900, a time, then as now, of insurrection against the military authority of the United States, at or near the barrio of Capitangan, pueblo of Paombong, Province of Bulacan, P. I., a place, then as now, under the militarv government of the United States." Pleas.— "Xot guilty." Findings. — " Guilty." Sentence, — And the commission does therefore sentence them, Dionicio Jumaquio and Selvino Pangan, natives, and each of them, "to be hanged by the neck until dead, at such time and place as the reviewing authority may direct, two-thirds (2-3) of the commission concurring therein. ' ' In the foregoing case it appears that these two accused, Dionicio Jumaquio and Sel- vino Pangan, natives, in company of other outlaws, all armed with clubs and bolos and having with them one rifle, seized, bound, and carried away from his home at Paombong, Bulacan, one Marianno Cruz, who was afflicted with a swelling on the back of his neck, which appears to have created the impression that he was a witch, with power, by occult methods, to make cocoanuts and eggs grow in people's bodies. Conveying their victim to the river bank they killed him with blows from their clubs, the butt of their gun, and by stabbing him with a dagger. They then cast his body into the river, from whence it was subsequently recovered and identified. The sentence, approved by the department commander, is confirmed, but in accordance with his recommendation to clemency, and in view of the gross ignor- ance and superstition of these accused, is commuted as to each of these accused to imprisonment at hard labor for ten (10) years. As thus commuted the sentence will be duly executed at the Presidio de Manila, to which these prisoners will be sent mider proper guard. Bv command of Major-General Chaffee: AV. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. /., December 9, 1901. General Orders, No. 383. Before a military commission which convened at Santa Cruz, Laguna, Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 256, Headquarters Department of Southern Luzon, September 13, 1901, and of which Capt. Chase AV. Kennedy, 8th U. S. Infantry, was president, and First Lieut. John F. James, 8th U. S. Infantry, was judge-advocate, was arraigned and tried Macario del Rosario y Alviar, native. Charge. — "Violation of the laws of war." Specification 1. — "In that Macario del Rosario y Alviar, a native and inhabitant of Majayjay, Laguna, P. I., a place then, and now, occupied by military forces and under the mihtary government of the United States, having voluntarily taken the oath of allegiance to the L'nited States, and having been placed by United States authorities in a position of profit and trust as lieutenant of native police of ^lajayjay, Laguna, P. I., did break said oath by deserting to Pedro Caballes, insurgent chief in Majayjay, Laguna, P. I., district. This on or about July 29, 1901, a time then, as now, of insurrection against the authority of the United States, at or near the place above specified." Specification ;?. — " In that ^Macario del Rosario y Alviar, a native and inhabitant of Majayjay, Laguna, P. I., a place then, as now, occupied by the military forces and under the military government of the United States, having been placed by United States authorities in a position of profit and trust as lieutenant of the native police of Majayjay, Laguna, P. I., and having voluntarily accepted such position, and having received positive orders from Capt. Traber Norman, 8th Infantry, commanding 312 CHARGES OF CRUELTY, ETC., TO FILIPIl^OS. officer, Majayjay, Laguna, P. I., to arrest all insurgent soldiers and officials entering the town of Majayjay, Laguna, P. I., did fail and neglect to obey such orders. This on or about July 25, 1901, a time then, as now, of insurrection against the authority of the United States, at the place aboA-e specified." Specification 3. — "In that Macario del Rosario y Alviar, a native and inhabitant of Majayjay, Laguna, P. I., a place then, as now, occupied by the military forces and under the military government of the United States, having been placed by United States authorities in a position of profit and trust as lieutenant of the native police of Majayjay, Laguna, P. I., and having voluntarily accepted such position, did, in manifest violation of his duty, without authority, hold communication with the enemy, by receiving the envoys sent him by Pedro Cabelles, insurgent chief of Majayjay, Laguna, P. L, district. This on or about June 25, 1901, a time then, as now, of insurrection against the authority of the United States at the i^lace above specified. Specification 4- — "In that Macario del Rosario y Alviar, a native and inhabitant of Majayjay, Laguna, P. I., a place then, as now, occupied by the military forces and under the military government of the United States, having been placed by the United States authorities in a position of profit and trust as lieutenant of the native police, and having voluntarily accepted such position, did, in manifest violation of his duty, and without authority, hold communication with the enemy by meeting the envoys of Pedro Caballes, insurgent chief of I\Jajayjay district. This at Pagalot, a barrio of Majayjay, Laguna, P. I., on or about June 24, 1901, a time then, as now, of insurrection against the authority of the United States." Specification 5. — "In that Macario del Rosario y Alviar, a native and inhabitant of Majayjay, Laguna, P. I., a place, then as now, occupied by the military forces and under the military government of the United States, having been placed by L'nited States authorities in a position of profit and trust as lieutenant of the native police of Majayjay, Laguna, P. I., and having voluntarily accepted such position, did, willfully and in violation of positive orders received from Capt. Traber Xorman, 8th Infantry, order and command Simeon Eriga, Severo Arganosa, ^Mariano Tribe, Juan Berquela, Vicente Soto, and Esequiel Francisco, six native policemen of Majayjay, Laguna, P. I., to procure their arms and accompany him to patrol the roads in the vicinity of Majayjay, Laguna, P. I. This on or about July 29, 1901, a time then, as now, of insurrection against authority of the United States Government, at or near the place above specified. ' ' Specifications. — "In that Macario del Rosario y Alviar, a native and inhabitant of Majayjay, Laguna, P. I., a place then, as now occupied by the military forces^ under the military government of the United States, having been placed by the United States authorities in a position of trust and profit and having voluntarily accepted such position, and having without authority commanded and ordered Simeon Eriga, Severo Arganosa, Mariano Tribe, Juan Berquela, Vicente Soto, and Esequiel Francisco, six native policemen of Majayjay, Laguna, P. L, to accompany hira to patrol the roads in the vicinity of Majayjay, Laguna, P. I., did surrender, or cause to be surrendered, to Pedro Caballes, insurgent chief of Majayjay, Laguna, P. I., dis- trict, or his representatives, the six above specified native policemen, with six (6) Springfield carbines, cal. .45, sixty (60) rounds Springfield ammunition, cal. .45, and six woven cartridge belts, cal. .45, the property of the L'^nited States, and for which Capt. Traber Xorman, 8th Infantry, is accountable. This on or about July 29, 1901, a time then as now of insurrection against the L^nited States authority, at or near the place above specified." Specification 7. — "In that Macario del Rosario y Alviar, a native and inhabitant of Majayjay, Laguna, P. I., a place then, as now, occupied by the military forces and under the military government of the United States, having been placed by United States authorities in a position of profit and trust, as lieutenant of the native police of Majayjay, Laguna, P. I., and having voluntarily accepted such position, did, with- out authority, take one (1) Colt's revolver, cal. .45, and six (6) rounds of revolver ammunition, cal. .45, the property of the United States, and for which Capt. Traber Xorman, 8th Infantry, is accountable, and did surrender said revolver to Pedra Caballes, insurgent chief, Majayjay, Laguna, P. I., district. This on or about July 29, 1901, a time then, as now, of insurrection against the authority of the L^nited States, at or near the place above specified." Plea. — To the first specification, "guilty." To the second specification, "guilty." To the third specification, "guilty." To the fourth specification, "not guilty." Ta the fifth specification, "guilty." To the sixth specification, "guilty." To the seventh specification, "guiltv." To the charge, "guilt v." Finding.— "Guilty." Sentence. — And the commission does therefore sentence him, INIacario del Rosario CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 313 y Alviar, native, "to be confined at hard labor, at such place as the reviewing authority may direct, for twenty (20) years." In the' foregoing case it appears that this accused, Macario del Rosario y Alviar, having voluntarily taken the oath of allegiance to the United States Government, and having accepted a position of trust under that Government as lieutenant of police of Majayjay, Laguna, P. I., did violate said oath by deserting to the insur- gents within his jurisdiction; holding communication with the enemy; disobeying the orders of his superiors, and surrendering and turning over to the insurgent chief Pedro Cabelles, six native policemen, with their arms and ammunition, and a revolver and six rounds of ammunition, the property of the United States. The accused pleaded guilty to all the specifications save the one alleging his com- munication with the enemy, admitting such communication, however, in his statement at the trial. Evidence was taken fully confirming his plea. The sentence, approved by the department commander, is confirmed, and will be duly executed at the Presidio de Manila, to which this prisoner will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- Gene red. Headquaktees Division of the Philippines, Manila, P. J., December 9, 1901. General Orders, Xo. 384. Before a military commission which convened at Lucena, Tayabas, Luzon, P. L, pursuant to paragraph 5, Special Orders, Xo. 210, Headquarters Department of South- ern Luzon, July 29, 1901, and of which Captain Harry H. Bandholtz, 2d U. S. Infan- try, was president, and 1st Lieutenant George C. Martin, 2d U. S. Infantry, judge- advocate, were arraigned and tried Marcelo Oliveros, Marciano Alba, Andreano Can- delario, Gregorio Cataquis, Lorenzo Constantino, Cresanto Menlio, and Mariano Ortes, natives. Charge. — " Violation of the laws of war." Specification. — "In that Marcelo Oliveros, Marciano Alba, Andreano Candelario, Gregorio Catacjuis, Lorenzo Constantino, Cresanto Menlio, and Mariano Ortes, natives, owing allegiance to the United States, and duly installed members of the municipal police at Unisan, province of Tayabas, Luzon, P. I., did willfully desert said municipal police, carry away with them five (5) cal. .30 magazine rifies, four (4) cal. .45 Remington rifles, and two hundred, more or less, rounds of ammunition, property of the United States issued to them for use, and did join the insurgent forces under Zurbano, then operating in the vicinity of Unisan. This on or about July 2, 1901, in the pueblo above named, a place then as now occupied by the military gov- eniment of the United States." Plea.— "Not guilty." Finding. — " Guilty. ' ' Sentence. — And the commission does therefore sentence them, Marcelo Oliveros, Marciano Alba, Andreano Candelario, Gregorio Cataquis, Lorenzo Constantino, Cre- santo Menlio, and Mariano Ortes, natives, and [each of them, "to fifteen [lb] years' confinement at hard labor at such place as the reviewing authority may direct." In the foregoing case it appears that these accused, Marcelo Oliveros, 3Iarciano Alba, Andreano Candelario, Lorenzo Constantino, Cresanto Menlio, ^lariano Ortes, and Gregorio Cataquis, natives, were policemen of the pueblo of Unisan, Tayabas, and that each had taken the oath of allegiance to the United States Government. About July 1, 1901, they deserted their service in a body, joined the enemy, with whom they enlisted as soldiers, and carried away Avith them five magazine rifles, cal. .30, four Remington rifles, cal. .45, and about two hundred rounds of ammuni- tion. These accused were subsequently surrendered as a part of the forces of Gen- eral Cailles. Xo reasonable doubt of their full guilt arises from the record. The sentence, approved by the department commander, is confirmed, and will be duly executed at the presidio de Manila, to which jilace these prisoners will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. S14: CHARGES OF CRUELTY, ETC., TO FILIPIlSrOS. Headquarters Division of the Philippines, Manila, R L, December 9, 1901. General Orders, Xo. 385. Before a military commission which convened at Lucena, Tayabas, Luzon, P. L, pursuant to paragaaph 5, Special Orders, Xo. 210, Headquarters Department of South- ern Luzon, July 29, 1901, and of which Captain Harry H. Bandholtz, 2d 13". S. Infantry, was president and 1st Lieutenant George C. Martin, 2d U. S. Infantry, was judge- advocate, were arraigned and tried: Luciano Quesao, Gregorio Rama, Felix Que- brante, and Justino Yago, natives. Charge I.— "Rape." Specification. — "In that Lucianao Quesao, Gregorio Rama, Felix Quebrante, and Justino Yago (native Filipinos), and each of them, armed with a gmi and bolos, in company with another whose name is unknown, at the barrio of Annos, pueblo of Tayabas, Province of Tayabas, Luzon, P. I., in territory then, as now, occupied by United States troops, and at a time, then as now, of insurrection against the lawful authority of the L'nited States, did unlawfully and feloniously have carnal knowledge of and ravish one Inocenta Kabanero, a native Filipino woman of the age of about twenty-five (25) years, by means of force and against her will." "This at the place above specified, at about ten (10) o'clock p. m., on or about the 25th dav of April, 1901." Charge II. — " Attempt to rape." Specification. — "In that Luciano Quesao, Gregorio Rama, Felix Quebrante, and Justino Yago (native Filipinos), and each of them, armed with a gun and bolos, in company with another whose name is unknown, at the iDarrio of Annos, pueblo of Tayabas, Province of Tayabas, Luzon, P. I., in territory then, as now, occupied by United States troops, and at a time, then, as now, of insurrection against the lawful authority of the L'nited States, did unlawfully and feloniously have carnal knowledge of, and attempt to ravish, one Victoria Lenor, a native Filipino woman of about the age of twenty-five (25) years, by means of force and against her will." " This at the place above specified, at about 10 o'clock p. m., on or about the 25th dav of April, 1901." Plea.— "Xot guilty." Findings. — Of the specification, first charge, "guilty, except the words 'each of them,' and of the excepted words, not guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, except the words, each of them,' and the words ' unlawfully and feloniously have carnal knowledge of and ' and of the excepted words, not guilty." Sentence. — And the commission does therefore sentence them, Luciano Quesao, Gregorio Rama, Felix Quebrante, and Justino Yago, natives, and each of them, " To be confined at hard labor for fifteen years at such place as the reviewing authority may direct." The evidence in the foregoing case of Luciano Quesao, Gregorio Rama, Felix Quebrante, and Justino Yago, natives, sustains the charges and specifications beyond a reasonable doubt. The sentence, approved by the department commander, is confirmed and will be duly executed at the Presidio de Manila, to which these prisoners will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, General Orders, No. 386. ' Manila, P. I., December 10, 1901. Before a military commission which convened at Nagcarlang, Laguna, Luzon, P. L, pursuant to paragraph 8, Special Orders, No. 169, Headquarters Department of Southern Luzon, June 18, 1901, and of which Captain Traber Norman, 8th U. S. Infantry, was president, and First Lieut. Charles P. Faulkner, 8th U. S. Infantry, was judge-advocate, was arraigned and tried Barcileso or Narcisso Cabantag, alias Ladroso, a native. Charge I. — "Murder." Specification. — "In that he, Barcileso or Narcisso Cabantag, alias Ladroso, a native, on or about April 4, 1901, at about 7 o'clock p. m., then, as now, a time of insurrec- tion, at or near Nagcarlang, Laguna Province, P. I., a place then, as now, under the military government of the L^. S., did willfully, feloniously, and with malice afore- thought, kill and murder one Juan Velasco, presidente of said town under military CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 315 governinent of the U. S., by shooting the said Velasco with a pistol held in the hands of the said Cabantag, ahas Ladroso, inflicting thereby a mortal wound, on said day, in consequence of which the said Yelasco did die in about one hour's time, or at eight o'clock on the 4th day of April, 1901." Charge II. — "iVssault with intent to kill." Specification. — "In that he, Barcileso or Narcisso Cabantag, alias Ladroso, a native, did feloniously assault one Clara Velasco, a native girl, by pointing and pulling the trigger and snapping a loaded revolver at her, with intent to kill. This in time of insurrection, at Nagcarlang, Laguna Province, P. I., a place under the military gov- ernment of the U. S., on or about the 4th day of April, 1901, at about 7 o'clock p. m." Plea. — To the specification, first charge, "guilty;" to the first charge, "guilty;" to the specification, second charge, ' ' not guilty; ' ' to the second charge, ' ' not guilty." Finding. — Of the specification, first charge, "guilty, except the word 'pistol,' sub- stituting therefor the words, "Remington rifle;' of the excepted word, not guilty, and of the substituted words guilty;" of the first charge, "guilty;" of the specifica- tion, second charge, "not guilty;" of the second charge, "not guilty." Sentence. — And the commission does therefore sentence him, Barcileso or Nar- cisso Cabantag, alias Ladroso, native, "To l^e hanged by the neck until dead, at such time and place as may be designated by the reviewing authority, two-thirds of the members concurring therein." In the foregoing case it appears that this accused, Narcisso Cabantag, as a result of a previous difficulty with deceased, Juan Velasco, local presidente of Nagcarlang, Laguna, over a gambling debt, lay in hiding and in wait for the passing of a church procession in which marched deceased, who, as he passed the ambush, was shot to death with a Remington rifle, discharged at short range by this accused. Of this crime accused pleaded guilty, but the commission properly received evi- dence of the merits of the case. The crime, as found, was fully proven, and in his testimony the accused himself freely admitted all of the essential facts necessary to constitute the offense. No circumstance of legal justification or extenuation appears of record. The sentence, approved by the department commander, is confirmed, and will be duly executed at Santa Cruz, Laguna, Luzon, P. I., on the fifteenth (15th) day of Jan- uary, A. D. 1902, under the direction of the commanding general. Department of North Philippines. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., December 10, 1901. General Orders, No. 387. Before a military commission, which convened at Vigan, Ilocos Sur, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 184, Headquarters Department of North- ern Luzon, July 7, 1901, and of which Major Edgar Z. Steever, 3d U. S. Cavalry, was president, and 2d Lieutenant Frank B. Davis, 5th TJ. S. Infantry, was judge-advo- cate, was arraigned and tried Austin Aguilar, native. Charge. — " Murder." Specification. — "In that Augustin Aguilar, a native Filipino, did on or about May 14, 1900, at or near Maxinal, a barrio of the pueblo of Salcedo, province of South Ilocos, Luzon, in territory occupied by LTnited States troops, at a time of insurrection against the lawful authority of the United States, in company with Enrique Alacar, Marciano Galleta, I^eoncio Galleta, and Juan Suni, all Filipinos, set upon and take and carry away Antonio Abaya, a native Filipino, and he, the said Agustin Aguilar, did willfully, feloniously, and with malice aforethought kill and murder the said Antonio Abaya, by beating him with a club and by cutting the throat of the said Antonio Abaya with a bolo held in the hand of Agustin Aguilar, thereby infiicting wounds of which the said Antonio Abaya then and there died. This at or near bar- rio of Maxinal, pueblo of Salcedo, province of South Ilocos, on or about May 14, 1900." Plea.— "Not guilty." Finding. — " Guilty." Sentence. — And the commission does therefore sentence him, Agustin Aguilar, " To be hanged by the neck until dead, at such place as the reviewing authority may designate, two-thirds of the members of the commission concurring therein." In the foregoing case, it appears that this accused, Agustin Aguilar, was a leader of a band of armed outlaws known as " Sandatahans;" that in company of members of 816 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. his band he repaired to the house of Antonio Abaya, accused of being a spy, and out of mere wanton exercise of assumed authority, then and there, personally beat him over the head with a club and subsequently cut his throat with a saber, from the effects of which Abaya then and there died. Upon the witness stand the accused gave another reason for this murder, which was that the community desired it because decedent had "a bad sickness." Of this there is no proof; but if it were true as alleged, it would only add to the savage aspect of the crime. The lesson must be learnd that all men who take the lives of their neighbors for any reason not first determined by public trial in a court of law, must expect to suffer death themselves if tried and convicted of such unlawful taking of the lives of their neighbors. The sentence, approved by the department commander, is confirmed, but is com- muted to imprisonment at hard labor for life; and as thus commuted, will be duly executed at the Presidio de INlanila, to which the prisoner will be sent under proper guard. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., December 13, 1901. General Orders, No. 391. Before a military commission which convened at Oroquieta, Mindanao, P. I., pur- suant to paragraph 1, Special Orders, No. 137, Headquarters Department of Mindanao and Jolo, July 13, 1901, and of which Captain Francis J. Koester, 15th U. S. Cavalry, was president, and 2d Lieutenant Arthur J. Lynch, 15th V. S. Cavalry, was judge- advocate, was arraigned and tried Baltizar Saldivar, native. Charge I. — "Being a member of and abetting in the w^ork of an organized band of armed outlaws, contrary to the laws and usages of war. ' ' Specification. — "In that he, Baltizar Saldivar, native, M^as a member of and did con- sort and act with a band of armed outlaws to the number of fourteen (14) , more or less, commanded and led by one Julio Rocla, native, the said band during the time the said Baltizar Saldivar was consorting and acting with it as aforesaid, was actually engaged in robbery, arson, and assassination in and near the barrio of Macpan, pueblo of Jiminez, province of Misamis, P. I. This at or near the place specified, a place, then as now, within the theater of active military operations by the LTnited States forces, during the month of January, 1901, a time, then as now, of insurrection against the United States." Charge. — " Murder. " Specification 1. — "In that he, Baltizar Saldivar, native, in company of and consort- ing with armed outlaws to the number of fourteen (14), more or less, commanded and led by one Julio Roda, native, did willfully and feloniously abet and assist in murdering one Eugenio Sarmiento, native, by stabbing him, the said Eugenio Sar- miento, with knives and bolos held in the hands of members of the said band of outlaws, inflicting wounds whereof the said Eugenio Sarmiento then and there died. This in time of insurrection against the United States, on or about the 9th day of January, 1901, at or near the barrio of Macpan, province of Misamis, P. L, a place then, as now, in the theater of military operations." Specification 2. — "In that he, Baltizar Saldivar, native, in company of and con- sorting with armed outlaws to the number of fourteen (14) , more or less, commanded by one Julio Roda, native, did willfully, feloniously, and with malice aforethought murder and kill one native Filipino, name unknown, by stabbing him, the said native Filipino, with knives and bolos held in the hands of the said Baltizar Saldivar, and of the said outlaws, inflicting wounds wdiereof the said native Filipino then and there died. This in time of insurrection against the United States, on or about the 9th day of January, 1901, at or near the barrio of INIacpan, pueblo of Jiminez, province of Misamis, P. L, a place, then as noW', in the theater of military operations." Specification 8. — "In that he, Baltizar Saldivar, native, in company and consorting with armed outlaws to the number of three (3), more or less, did willfully, feloni- ously, and with malace aforethought murder and kill Santiago Maglipac, native, by stabbing him, the said Santiago Maglipac, wdth knives and bolos held in the hands of the said Baltizar Saldivar, and of the said outlaws, inflicting wounds whereof the said Santiago 3Iaglipac then and there died. This in time of insurrection against the United States, on or about the 17th day of May, 1901, at or near the barrio of San Vicente, pueblo of Oroquieta, province of Misamis, P. I., a place then, as now, in the theater of military operations. ' ' CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 317 Plea.— "Xot guilty." Finding. — Of the first specification, first charge, "guilty, except the word 'arson' and of the excepted word not guilty." Of the first charge, '"guilty." Of the first specification, second charge, "not guilty." Of the second specification, second charge, "guilty." Of the third specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore sentence the accused, Baltizar Saldivar, ' ' To be hanged by the neck until he is dead, at such time and place as the re^dewing authority may direct, two-thirds of the members concurring therein." In the foregoing case of Baltizar Saldivar it appears that the accused was an active member of an armed band of outlaws commanded by one Julio Roda, engaged in depredations, robberies, and assassinations in and near Jiminez, province of Misamis, w^hich band was sworn to "War to the knife" against all friendly to the Americans; that he personally aided and participated in the murder of an unknown native at Macpan by stabbing and cutting him to death with knives and bolos, actuated by a suspicion that the victim was an American spy, and that he similarly and with like motive killed one Santiago ^Nlaglipac at San Vicente, pueblo of Oroquieta, Misamis. The accused pleaded "guilty" to all of the charges and specifications, which plea was properly rejected and evidence received fully establishing his guilt as found. The sentence, approved by the department commander, is confirmed, and will be duly excuted at Oroquieta, ^Mindanao, on the fifteenth (15th) day of January, A. D. 1902, under the direction of the commanding general, Department of South Philippines. By command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division op the Philippines, Manila, P. L, December U, 1901. General Orders, No. 392. Before a military commission which convened at Camiling, Province of Tarlac, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 239, Headquarters Department of Northern Luzon, Decembei 29, 1900, and of which Captain William L. Buck, 13th U. S. Infantry, was president, and 1st Lieutenant Alexander M. Weth- erill, 13th L". S. Infantry, was judge-advocate, were arraigned and tried: Ricardo Heyes, Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives. Charge I. — "Murder." Specification 1. — "In that Ricardo Reyes, Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on or about May 7, 1900, then as now a time of insurrection, at or near the barrio of Pao Primero, pueblo of Camiling, Province of Tarlac, a place, then as now, of active military operations, to the number of six (6) more or less, forming a band of armed outlaws, commanded and led by the said Ricardo Reyes and Patricio Mateo, did, wil- fully, feloniously, and with malice aforethought, kill and murder one Roman Daos, a native, by shooting him, the said Daos, with a rifle held in the hands of the herein- before-mentioned Claudio Mateo or other members of said band, inflicting wounds therewith whereof the said Daos then and there died." Specification 2. — "In that they, Ricardo Reyes, Patricio ,^Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on or about May 7, 1900, then as now a time of insurrection, at or near the barrio of Pao Primero, pueblo of Camiling, Province of Tarlac, P. I., a place, then as now, in the theater of active military operations, to the number of six (6) more or less, forming a band of armed outlaws, connnanded and led by said Ricardo Reyes and Patricio Mateo, did, wilfully, feloniously, and with malice aforethought, kill and murder one Eulalia Mangalaan, a native, wife of Roman Daos, a native, by bolos, held in the hands of members of said band, inflicting wounds therewith whereof she, the said Eulalia Mangalaan, then and there died." Charge II. — "Assault and battery, in violation of the laws and usages of war." Specification 1. — "In that they, Ricardo Reyes, Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on or about 3Iay 7, 1900, then as now a time of insurrection, at or near the barrio of Pao Primero, pueblo of Camiling, Province of Tarlac, P. I., a place, then as now, in the theater of active military operations, to the number of six (6), more or less, forming a band of armed outlaws, commanded and led by the said Ricardo Reyes and Patricio Mateo, did feloniously and wilfully assault one Roman Daos, a native; 318 CHARGES OF CRUELTY, ETC., TO FILIPINOS. did bind him with a rope, did forcibly take him from his house; did lead, carry, and conduct him against his will to another part of the barrio, and did otherwise bruise, beat and ill-treat him, the said Roman Daos." Spedficatiun :J. — "In that they, Ricardo Reyes, Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on or about May 7, 1900, then as now a time of insurrection, at or near the barrio of Pao Primero, pueblo of Camiling, Province of Tarlac, P. I., a place, then as now, in the theater of active military operations, to the number of six (6), more or less, forming a band of armed outlaws, commanded and led by the said Ricardo Reyes and Patricio Mateo; did feloniously and willfully assault one Eulalia ^Nlangalaan, native, wife of one Roman Daos, a native; did bind her with a rope; did forcibly take her from the house; did lead, carry, or conduct her against her will to the barrio of Lingue, pueblo of Camiling, Province of Tarlac, P. I., and did otherwise bruise, wound and ill-treat the said Eulalia ^Nlangalaan." Specifications. — "In that they, Ricardo Reyes, Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on or about May 7, 1900, then as now a time of insurrection, at or near the barrio of Pao Primero, pueblo of Camiling, Province of Tarlac, P. I., a place, then as now, in the theater of active military operations, to the number of six (6), more or less, forming a band of armed outlaws, commanded and led by the said Ricardo Reyes and Patri- cio Mateo; did feloniously and wilfulh- assault one Juan Daos, a native; did bind him with a rope; did forcibly take him from his house; did lead, carry, or conduct him against his will to the barrio of Bombon, pueblo of Camiling, Province of Tar- lac, P. L; did otherwise bruise, wound, and ill-treat him, the said Juan Daos, and did deprive him of his liberty for eight (8) hours, more or less." Pleas. — "Not guilty." Findings. — Richard Reyes, "not guilty." Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, each and all of them : Of the first specification, first charge, "guilty." Of the second specification, first charge, "guilty." Of the first charge, "guilty." Of the first specification, second charge, "guilty." Of the second specification, second charge, "guilty, except the words 'and did otherwise bruise, wound, and illtreat the said Eulalia Mangalaan;' of the excepted words, not guilty." Of the third specification, second charge, "guilty." Of the second charge, "guilty." Sentence. — And the commission does therefore "aquit" him, the said Ricardo Reyes, native; and does therefore sentence them, the said Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, each and all of them, natives, " to be hanged by the neck until dead, two-thirds of the commission con- curring therein, at such time and place as the reviewing authority may direct." In the foregoing case it appears that these accused, Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, the first as leader and the others as members of an armed band of outlaws, to gratify a feeling of ill will, seized, bound, and carried away to an isolated spot from Camiling, Tarlac, one Roman Daos, where they shot him to death. Returning to the house of their victim, they then carried off his wife, Eulalia ^Mangalaan, whom they likewise killed. As no evidence connects the accused Ricardo Reyes with the commission of these crimes, he was properly acquitted and has been set at liberty. The sentence, approved by the department commander, is confirmed, and will be duly executed against Claudio Mateo, Pablo Mateo, and Jacinto Lorenzo, and each of them, at Camiling, Tarlac, Luzon, P. I., on the fifteenth (15th) day of Janu- ary, A. D. 1902, under;i.the direction of the commanding general, Department of Xorth Philippines. Concerning Patricio Mateo, this accused was tried by a military commission in December, 1900, found guilty of murder and sentenced to imprisonment for the term of twenty (20) years, which sentence he is now undergoing in the Presidio de ^lanila. In view of which the sentence against him herein is remitted. The sentence against the accused Diego Dumaguing must be ineffective on account of his death at Camiling, August 31, 1901. Bv command of ^Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarters Division of the Philippines, Manila, P. I., December 16, 1901. General Orders, No. 396. Before a military commission, which convened at Iba, Zam bales, P. I., pursuant to paragraph 4, Special Orders, No. 148, Headquarters Department of Northern CHARGES OF CRUELTY, ETC., TO FILIPINOS. 319 Luzon, September 23, 1900, and of which Major ArHngton Pond, surgeon, V. S. Vol- unteers, was president, and 2d Lieutenant Harol D. Coburn, 25th U. S. Infantry, was judge-advocate, was arraigned and tried Roberto Sangalang, a native. Charge. — " Murder." Specijication. — "In that one Roberto Sangalang, native, on or about the 10th day of April, 1900, then as now a time of insurrection, at or near the barrio of Balanl)ang, province of Zambales, Island of Luzon, P. I., a i)lace then as now under military government of the United States, in company of and consorting with a band of ladrones, armed with rities and bolos, did wilfully, feloniously, and with malice aforethought, kill and murder one Tito Balisalesa, native, by shooting him and cut- ting him, the said Tito Balisalesa, with said rifles and bolos held in the hands of members of said V)and of ladrones, inflicting wounds therewith whereof he, the said Tito Balisalesa, suffering and lingering, died the same dav, the 10th dav of April, 1900. Plea.—" Xot guilty." Finding. — "Guilty. ' ' Sentence. — And the coumiission does therefore sentence him, Roberto Sangalang, native, "to be confined at hard labor, at such place * * * as the reviewing authority may direct, for a period of (20) twenty years." In the foregoing case it appears that this accused, Roberto Sangalang, was one of a band of armed outlaws that went to the house of Tito Balisalesa at Balan])ag, P. I., in the nighttime, and, after calling him out, shot and ])oloed him to death, on the suspicion that he was an American spy, and that the accused personally struck and cut the victim with his bolo. The charge and specification are fully proven against this accused, and his admis- sion of his presence with the attacking party is confirmatory of his guilt. The sentence, approved by the department commander, is confirmed, and will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard. Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant- General. Headquarteks Division of the Philippines, Manila, P. I., December 16, 1901. General Orders, No. 397. Before a military commission, which convened at Taal, Batangas Province, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 119, Headquarters Department of Southern Luzon, April 29, 1901, and of which Maj. Frank West, 6th Y. S. Cavalry, was president, and 1st Lieut. Le Roy Eltinge, 6th U. S. Cavalry, was judge-advocate, was arraigned and tried Roman Garcia, alias "^lalagui," a native. Charge L—" Murder." SpeciUcation. — "In that Roman Garcia, alias Malagui, native, while acting and consorting with a band of twelve outlaws, armed with a gun and several bolos, did willfully, feloniously, and with malice aforethought, kill and murder one Pablo Avellar, native, by shooting him with a gim held in the hands of the said Roman Garcia, alias ^lalagui, wounding him in the chest and both arms, from which wounds the said Pablo Avellar did then and there die. This in time of insurrection in or near the barrio of Pinalavan, of the pueblo of Lian, province of Batangas, P. I., on or al)out the 28th dav of April, 1901." Charge II.— " RobViery." Specijication.— "\\\ that Roman Garcia, alias Malagui, native, while acting and consorting with a band of 12 outlaws, armed with a gun and several bolos, did will- fully and forcibly take from the following persons, money and property, to wit: "Tereso ^lalinay: Mexican currency. One horse $65. 00 Two saddles 6. 50 Merchandise 6. 00 "Meno Lama: Money 4. 50 ^lerchandise 3. 00 " Hilarion Leparon : Merchandise 7. 00 'Xasario Nueve: Merchandise 6. 00 320 CHAKGES OF CRUELTY. ETC., TO FILIPIXOS. *' Mariano Monelo: Mexican currency. One horse and colt S30. 00 Merchandise 7. 75 "Obidio Avellar: One pony 30. 00 Merchandise 4. 00 ''To the aforesaid vakies, more or less. This in time of insurrection, in or near the barrio of Pinalayan, of the pueblo of Lian, province of Batangas, P. I., a place under the militarv government of the United States, on or about the 28th dav of April, 1901." Plea.— "'Xot guilty." Fixdixct. — Of the specification, first charge, "guilty, except the words, 'by shoot- ing him with a gun held in the hands of the said Eoman CTarcia, alias Malagui; " sub- stituting therefor the words, 'by shooting him with a gun held in the hands of a native companion, name unknown, of the said Eoman Garcia, alias Malagui; " and of the excepted words, not guilty; but of the substituted words, guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." Of the second charge, "guilty." Sextexce. — And the commission does therefore sentence him, Roman Garcia, alias Malagui, native, '"To be confined at hard labor, at such place as the re^'iewing authority may direct, for the period of twenty (20) years." In the foregoing case, it appears that this accused, Roman Garcia, alias " Malagui,'' was a member of a band of armed outlaws that intercepted and attacked a party of natives passing from Balayan to Lian, in the Pilan woods; killed one of them, Pablo Avellar, by shooting him through the arms and chest with a rifle, and robbed the others of various properties and moneys, consisting of four horses and a colt, two saddles, thirty-four pesos and merchandise to the value of about thirty-five pesos. The charges and specifications are fully proven against this accused by six eye- witnesses of the crime, sur\-iving members of the party attacked. The sentence, approved by the dej^artment commander, is confirmed, his ^^.ew that the sentence is inadequate being concurred in. The sentence will be duly executed at the Presidio de Manila, to which place the prisoner will be sent under proper guard, Bv command of Major-General Chaffee: W. P. Hall, Assistant Adjutant-General. Headquarters Divtsiox of the Philippixes, Manila, P. L, December 16, 1901. General Orders, Xo. 398. Before a military commission, which convened at Taal, province of Batangas, Luzon, P. I., pursuant to paragraph 3, Special Orders, Xo. 119, Headquarters Depart- ment of Southern Luzon, April 29, 1901, and of which Maj, Frank West, 6th U. S. Cavalry, was president, and 1st Lieut. Le Roy Eltinge, 6th U. S. Cavalry, was judge- advocate, was arraigned and tried Ruperto Incion, a native. Charge.— "Murder." Specification. — "In that Ruperto Incion, a native, consorting and actmg with Bias Incion, a native, and one other native, name unknown, did by concerted effort with the said Bias Incion, and one other native, name unknown, feloniously, willfully, deliberately and with malice aforethought, kill and murder Dionicio Games, a native, by aiding, permitting and abetting the cutting, wounding, an