P9 ^^sr (C^VN-j 60th Congress, 1st Session. HOUSE OF REPRESENTATIVES. jDocument 1 No. 715. i OS 685 .fl5 1908 Copy 1 CLAIM OF FRANCISCO ASTORGA. LETTER FROM THE SECRETARY OF WAR, TRANSMITTING PAPERS RELATING TO THE CLAIM OF FRANCISCO ASTORGA, OF ALANG ALANG, LEYTE, P. I. February 28, 1908. — Referred to the Committee on War Claims and ordered to be printed . vX: War Department, Washington, February 26, 1908. Sir: I have the honor to transmit herewith, together with other papers, a letter from Francisco Astorga, of Alang Aiang, Leyte, P. L, dated December 15 last, inviting attention to his claim against the United States Government for loss of property consisting of dwelling house and furniture and two warehouses containing merchandise burned by United States soldiers, and for carabao, cattle, sheep, and \horses lost at the same time, stated at $12,973. Attention is invited to the accompanying report on the subject from the Quartermaster-General of the Army, dated 19th instant, from which it appears that Capt. Clarence S. Nettles, acting judge- advocate, U. S. Army, was appointed surveying officer in this case, and that he ascertained the following facts : On May 17, 1900, the town of Jaro, which is about 5 miles distant from Alang Alang, was garrisoned by a detachment of the Forty- third Regiment, United States Volunteers, in charge of a sergeant. The town of Alang Alang was burned by said detachment, including the property of the claimant, and the burning appears to have been a wanton act of an irresponsible detachment of enlisted men, equally unjustifiable and unwarrantable. No steps were taken to pro- tect the property of the claimant, and Captain Nettles finds the value of the property destroyed, including the animals lost, to be $4,935. A letter from the claimant is herewith, in which he consents and agrees to accept in full settlement of his claim the value of such losses as ascertained by Captain Nettles, the surveying officer. The Quartermaster-General states in his report, however, that there is no evidence that the animals charged for ever came into pos- session of the United States troops, and the value of these animals, as stated by the surveying officer, aggregates $1,153. Q^a 2 CLAIM OF FRANCISCO ASTORGA. From ro])ort8 which accompany the papers it appears that the claimant , Francisco Astorga, was president of the town of Alang Alang ; that he exhibited marked loyalty to the United States Government and was intrusted with the command of armed natives to aid m bring- ing in insurgents and reorganizing towns and that his services were m this respect valuable. As there is no law under which claims of this nature can be favor- ably considered by the War Department, the matter is submitted to Congress for such'action as it may deem proper. Very respectfully, Wm. H. Taft, Secretary of War. The Speaker of the House of Representatives. ', ' ■ War Department, Office of the Quartermaster-General, Washington, February 19, 1908. The Secretary of War. Sir: I have the honor to return letter of Francisco Astorga, of Alang Alang, Leyte, P. I., dated December 15, 1907, iijviting attention to his claim against the United States Government for loss of his property consisting of dwelling house and furniture and two warehouses containing merchandise, burned by United States soldiers on May 17, 1901, and for carabao, cattle, sheep, and horses lost at the same time, amount- ing' in the aggregate at stated to $12,973, with all the papers in the claim on file in this office. From these papers it appears that the claim was originally presented to the mili- tary authorities in the Philippines, and under Special Orders, No. 55, Headquarters Sixth Separate Brigade, Taclol)an, Leyte, March 14, 1902, was investigated by a board of officers whose proceedings and findings are inelosed. The board reported that it finds that the claimant was sole owner of the property alleged to have been lost or destroyed, and is of opinion that the property was lost as stated but has no means of verifying the value of the property as stated by the claimant; that it finds that the claimant's services during the pacification of the island of Leyte are entitled to recognition, and recommends that he be reimbursed for the loss of his property the sum of $(J,5()0 Mexican. Under date of October 27, 1902. the Quartermaster-General of the Army submitted the papers to the Secretary of War with remark that there being no law under which claims of this nature can be favorably considered by this office, it is recommended th; t the papen^: be submitted to Congress for such action as it may deem proper. The report of the Quartcrma-ster-Gencral, with all the papers, were subsequently returned to this office and on December 14, 1904. were referred by this office to the chief quar- ternutster, Philippines Division, at Manila, P. I., directing a further investigation and report to l)e made l>y a surveying officer to determine the facts as to the destruc- tion and loss of the j>roperty claimed lor and iis to its value; also to ascertain whether the claimant would accept in full s( ttlenient such amount as might be ascertained by the surveying officer t^) l)e justly due for the loss of the property. In accordance with these instructions Capt. Clarence S. Nettles, Acting Judge- Advocate, U. S. Army, was appoint<'d surveyinj^: officer, and his report dated April 25, 1905, with copy of the t» stiniony taken by him is herewith inclosed. The facts ascer- tained by him as stated in his report an^ as follows: That on May 17, 1900, the town of Jivro. which is about 5 miles distant fr(»m Alang Alang, was garrisoned by a detach- ment of the Forty-third Regiment, U. S. Volunteers, in chai*ge of a sergeant, and that the town of Alang Alang was burned l)y this detachment in charge of the' sergeant indudinu' the property of the claimant; that the burning of the town appears to have been a wanton act of an irresponsible detacliment of enlisted men, equally unjusti- fiable an, in which he consents and agrees to accept in full settlement of*hi8 claim ag-ainst the Ignited States for proj)erty destroyed by American trooDS in May, 1900, the value of such losses as ascertained by Captain Nettles, the Burvevine officer. ' ^ ^ nihil « ii:': . .-. : ^ CLAIM OF FKAN CISCO ASTOKGA. 3 > It appears, therefore, from the evidence adduced, that the claimant's buildings ■i and their contents were destroyed without authority. There is, however, no evidence :-• that the animals charged for ever came into the possession of the United States troops. The value of these animals, as stated in the report of the surveying officer, are as foll:ow: 40 carabao, at $10 per head $400 60 head of cattle, at $10 per head. 600 12 head of sheep, at $1.50 per head .- 18 18 horses, at $7.50 per head. . .^. 135 Total 1, 153 From the reports which accompany the papers it appears that Francisco Astorga was president of the town of Alang Alang; that he exhibited marked loyalty to the United States Government and was intrusted with the command of armed natives to aid in bringing in insurgents and reorgani7ing towns, and that his services were in this respect valuable. In this connection attention is invited to an indorsement dated September 13, 1901, of Lieut. Col. Henry T. Allen, chief of Philippines constabulary, who states that Francisco Astorga and Juan Flores are two men who stand out as marked examples as Americanists, whose services have been probably of more value, if measured financially, than the total amount of their claim«, and that he thinks in all justice Mr. Astorga should have compensation for his losses and services. In view of these facts, I concur in the previous report and recommendation of the Quartermaster-General, herein referred to, that the papers be transmitted to Congress for such action as it may deem proper. Respectfully, George Ruhlen, Deputy Quartermaster-General, U. S. Army, Acting Quartermasfer-Gene>al. Alang Alang, Leyte, P, I., December 15 1907. The Secretary op War, Washington, D. C. Sir: Francisco Astorga, of Alang Alang, Leyte, P. I., has the honor to invite your attention to certain claim presented by me two years ago against the United States Gov- ernment for the destruction and burning of my properties in the town of Alang Alang, Leyte, P. I., by American troops amounting to $12,973, Mexican currency. This claim was investigated in April, 1905, by Capt. Clarence S. Nettles, then acting judge-advocate. Department of the Visayas, in compliance with orders received from the War Department. Captain Nettles came to Alang Alang and examined twelve witnesses besides myself. They all agreed upon the fact that the town was burned by a squad of troops of the detachment of the Forty- third Infantry, U. S. Volunteers, then stationed in the town of Jaro, Leyte, P. I., about 5 miles from-Alang xilang. I stated to Captain Nettles under oath all the properties that I lost on that day and their value at the time, which were as follows: A dwelling of frame, stone, and iron $2, 500 Set of Vienna chairs, wardrobes, and other furniture 700 212 bales of tobacco 3, 600 80 piculs of hemp 800 2 warehouses and merchandise 3, 070 40 lost carabao 800 60 head of lost cattle 1, 200 12 head of lost sheep 33 18 horses 270 Total 12, 973 It is understood that the report of the investigation was submitted to the proper authorities some time ago, but no answer has been received so far as I am aware. Under the circumstances it is very hard to make ti living in this province without a capital, and I have been expecting to receive this money in order to settle numerous debts which I contracted on account of this burning of my property. I have always been a loyal and staunch supporter of the government in helping in capturing outlaws, etc., as is well known to both the civil and military authorities, and therefore request that my petiton be granted in justice to myself. Very respectfully, Francisco Astorgo. 4 CLAIM OF FRANCISCO ASTORGA. War Department, Quartermaster-General's Office, Washington, October 27, 1902. The Secretary of War. Sir- I have the honor to submit herewith the claim of Francisco Astoiga, president of Alani Sng P I , for the value of a dwelling house and furniture, tobacco hemp, ?wow^ehouse8,carai3aos, cattle, sheep, and horses, amounting, f^ fated to $12,973, | aUe-ecl to have been lost through the burning ot the. village ot Alang Alang, P. I., ■ on tic morning of May 17, 1901,%y United States troops, which burning it is alleged ^ Tircla/m &"l"eTb^ro to the attention of the military authorities, a board of officers was convened pursuant to Special Orders, No. 55 Headquarters Sixth | Separate BHgade, Tacloban, Leyte, P. I., March 14, ,1902, at Cangara, Leyte, P. I , \ on March 20^1902, which board of officers after considering the evidence presented ^^'^^Tliat Sefior Astorga was the sole owner of the property enumerated in his claim; further, the board is convinced that his services during the pacification of the island of Levt'e are entitled to recognition. . ^^ji^--u„„ "The board is of the opinion that the property m question was lost as stated but Has .j no means of verifying the value of this property with Senor Astorga s affidavit. ■ " The board therefore recommends that Seiior Astorga be reimbursed for the loss of | this nroDcrtv the sum of $6,500 Mexican currency." , . ^ -o, -t "' InTlette? dated Manila, P. I., September 13, 1901, Henry T. Allen, chief Philip- ^^^' Of al^the naUves of Leyte these two (referring to Capt. Juan Flores and claimant) stand out as marked examples of Americanists, as their services to us have been prob- ablv of more value, if measured financially, than the total amount of their claims, i sincerely commend Mr. Astorga and think that in all justice he should have some com- pensation for his losses and his services." A r.r.A There beincr no law under which claims of this nature can be favorably considered by this department, it is recommended that the papers be transmitted to Congress for^ such action as it may deem proper. ^.r t t Very respectfully, ^ M L Ludington ^ Quartermaster-General, U. S. Army. War Department, Quartermaster-General's Office, Washington, November 4, 1902. The Chief Quartermaster, Division of the Philippines, Manila, P. I. Sir: I am directed by the Quartermaster-General to inform you that the claim received in this office August 30, 1902, in favor of Francisco Astorga, formerly presi- dent of Alang Alang, Leyte, P. I., for damages to his property V)y the burning of the vilhige by United States troops. May 17, 1901, has been submitted to the Secretary of \\ ar, n-conmu-nding that the papers be transmitted to Congress for such action as it may deem prui)er. Respectfully, . Chauncey B. Baker, Captain and Quartermaster, U. S. Army. [First indorsomont.] Headquarters, Division of the Philippines, Office of Chief Quartermaster, Manila, P. /., December 24, 1902. Respectfully referred to the Chief Quartermaster, Sixth Brigade, Leyte, P. I., for reference to the person interested^ C. F. Humphrey, Assistant Quartermaster-General, U. S. Army, Chief Quartermaster. 4f By Geo. P. White, •^ Captain o/ Cavalry, Qumtermaster, U. S. Army, Assistant to Chief Quartermaster. CLAIM OF FKANCISCO ASTORGA. [Second indorsement.] Headquarters Sixth Brigade, Office of Chief Quartermaster, Tacloban, December 31, 1902. Respectfully referred to the Adjutant-General, Sixth Brigade. Senor Francisco Astorga, the interested person, is still presidente of the village of Alang Alang, Leyte, P. I. William Weigel, Captain, Quartermaster Eleventh Infantry, Chief Quartermaster. [Third indorsement:] Headquarters Sixth Brigade, Tacloban, December 31, 1902. Respectfully transmitted to Senor Francisco Astorga, presidente Alang Alang, Leyte. By order of Colonel Duggan: J. T. Battle, Captain, Adjutant Eleventh Infantry, Acting Adjutant-General. [Fourth indorsement.] Headquarters Philippines Constabulary, Manila, P. I., February 3, 1903. Respectfully referred to the Adjutant-General of the Army. I know of no Filipino in the archipelago more entitled to indemnity for loss of property than Mr. Francisco Astorga, presidente of the municipality of Alang Alang, Leyte. He has worked incessantly for the Government since the arrival of the Amer- ican troops in Leyte, and he still continues to do so. More is due to him than to any other Filipino for the pacification of that province and the maintenance of order there at the present time. It was he who recently sent 200 bolomen over to the island of Biliran to police it, and he made a success of his work. Henry T. Allen, Chief of Constabulary. [Fifth indorsement.] War Department, Adjutant-General's Office, Washington, March 16, 1903. Respectfully referred to the Chief, Bureau of Insular Afiairs, in connection with previous papers referred to him August 23, 1902. By order of the Secretary of War: William Ennis, Lieutenant- Colonel, Artillery Corps, Assistant Adjutant-General. Alang Alang, Leyte, .lanuary 23, 1908. Hon. Henry T. Allen, Manila, P. I. My Dear Sir: With the help of Mr. Barrett, inspector of constabulary, I have received the revolver and 200 cartridges; I thank you very much for your kindness. Inclosed is a copy of the information given by the officers in respect to my petition concerning the destruction of my furniture and three houses by fire. I ask you not to forget to aid me to secure the indemnity to help me maintain my large family. Senor Inspector Borscth, of this province of Leyte, should take part in this; you can ask this gentleman about the services I have rendered and about the Dios Dios bandits which my people have aided much in defeating in the island of Biliran. If you have any friend in Congress or if the Secretary of War is your friend, I respect- fully ask you to give me a recommendation there. Respectfully, yours, Frank Astorga. 6 CLAIM OF FRANCISCO ASTORGA. Alang Alang, Leyte, September 6, 1901. Major Allen, Manila. My Dear Sir: After greeting you. I will manifest the following: Since your departure from this province of I.eyte. I find myself sorrowful, that nevertheie.>*s. up to date, the authorities treat me well, but not as well as you as if you were my father who helps me. Well, as you know, my situation with my salary is not sufficient for my families, and for this motive I implore you to give me an employment so that I may live and maintain my families. I am about to resign from the office. I beg and implore you not to forget to help along the claims for the burnt houses, properties of Alang Alang. Inclosed are the photos of the new musicians of Alang Alang for a souvenir. I await that you will give me an ordinary occupation to enable me to maintain my numerous families. Your sure servant, Francisco Astorga. [First indorsement.] Headquarters Philippines Constabulary, Manila, P. /., September 13, 1901. Respectfully referred to the president, board of claims. Capt. Francisco Astorga, presidente of Alang Alang, has lost practically everything he possessed by reason of his marked aid to our cause from the first day of our ari'ival in Leyte. From Ijcing a fairly rich man he is now, by reason of arson and theft by insurgents, almost penniless. He is of the same class of man as Capt. Juan Flores and has ren- dered the American cause practically the same assistance as the latter. These two presi- dentcs have been sent out independent of white officers in command of armed natives to most distant parts of the province — this in addition to their most valuable aid in bringing in insurgents and reorganizing towns. Of all the natives of Leyte these two stand out as marked examples of Americanistas; their services to us have been prob- ably of more value, if measured financially, than the total amount of their claims. I sincerely commend Mr. Astorga and think that in all justice he should have some compensation for his losses and services. Henry T. Allen, Chief Philippines Constabulary, Late Lieutenant- Colonel Forty-third Infantry , U. S. Volunteers. [Second indorsement.] Headquarters Division of the Philippines, Manila, P. I., November 23, 1901. To the officer in charge of the office of civil affairs. [Third indorsement.] Headquarters Division of the Philippines, Office of Civil Affairs, Manila, P. I., November 25, 1901. Respectfully referred to the commanding general, Department of the Visayas, Hoilo, P. L By command of Major-General Chaffee: McBiddle Posten, Major and Judge- Advocate, U. S. Army, Officer in Charge. [Fourth indorsement.] Headquarters Fifth Separate Brigade, Iloilo, P. I., December 3, 1901. Respectfully transmitted to the adjutant-general. Department of South Philippines, as the Department of the Visayaa has ceased to exist. R. P. HUYLUS, Brigadier-General, U. S. Army, Commanding. I f CLAIM OF FKANCISCO ASTORGA. [Fifth indorsement.] Headquarters Department op South Philippines, Cebu, P. I., December 14, 1901. Respectfully referred to the commanding general, Sixth Separate Brigade, Tacloban, Leyte, for investigation and report by the local commander. Should this report indi- cate that there are just grounds for a claim against the Government, it is further directed that a board of officers be convened for full and complete investigation, report, and recommendation for the information of the division commander. By command of Brigadier-General Wade: Peter E. Traub, Captain, 'Fifth Cavalry, Acting Assistant Adjutant-General. [Sixth indorsement.] Headquarters Sixth Separate Brigade, Taclohan, January 11, 1902. Respectfully referred to First Lieut. M. L. Avery, Philippine Scouts, Jaro, for preliminary investigation and report, as called for in fifth indorsement. By Command of Brigadier- General Smith: W. E. Ayer, Captain, Twelfth Infantry, Adjutant-General. [Seventh indorsement.] Jaro, Leyte, P. I., February 1, 1902. Respectfully returned to the adjutant-general, Sixth Separate Brigade, Tacloban, Leyte, P. I. From what information I have been able to receive, I believe that the clain; of Francisco Astorga, Presidente Alang Alang, is just and well founded. M. L. Avery, First Lieutenant, Philippine Scouts, Commanding Post. [Eighth indorsement.] Headquarters Sixth Separate Brigade, Tacloban, March 14, 1902. Respectfully referred to Capt. R. M. Blatchford, Eleventh Infantry, president board of officers. Special Orders, No. 55, paragraph 3, these headquarters, for their consideration. By Command of Brigadier-General Smith: W. E. Ayer, Captain, Twelfth Infantry, Adjutant-General. [Ninth indorsement.] Jaro, Leyte, P. I., March' 22, 1902. Respectfully returned to the adjutant-general Sixth Separate Brigade, Tacloban, Leyte, P. I., inclosing investigation and report as called for in fifth indorsement. Julius M. Purnell, Contract Surgeon, U. S. Army, Reccrder Beard cf Officers. [Tenth indorsement.] Headquarters Sixth Separate Brigade, Tacloban, March 25, 1902. To acting inspector-general. [Eleventh indorsement.] Office of Inspector-General, Tacloban, Leyte, March 26, 1902. Respectfully returned to the adjutant-general Sixth Separate Brigade. Examined. The attached proceedings seem in due form. C. H. Watts, Major, Fifth Cavalry, Acting Inspector-General . 8 CLAIM OF FRAXCISCO ASTORGA. [Twelfth indorsement.] Headquarters Sixth Separate Brigade, Tadoban, Leyte, March 29, 1902. Respectfully returned to adjutant-general. Department of South Philippines. J. A. Smith, Brigadier-General y U. S. Army, Commanding. [Thirteenth indorsement.] Headquarters Department of South Philippines, Cebu, P. I.. April 25, 1902. Respectfully forwarded to the adjutant-general, Division of the Philippines. Attention invited to inclosed report of a board of officers. It appears that Mr. Astorga has been loyal to the United States and has rendered valuable aid from the first occupation of Leyte to the present time; that his property, residence, and two storehouses were burned with contents by a detachment of the Forty-third United States Volunteer Infantry without good cause. The responsibility for the loss of stock, carabaos, cattle, horses, and sheep, is not so clear and was probably partly through United States troops and partly through insurgents. It is recommended that these papers be again referred to the board of claims. J. F. WURTZ, Brigadier-General, U. S. Army, Commanding . [Fourteenth indorsement.] Headquarters Division of the Philippines, Manila, P. I., July 9, 1902. Respectfully transmitted to the Adjutant-General, U. S. Army, Washington, D. C. The claimant has been notified of this reference. Adna R. Chaffee, Major-Genei'al, U. S. Army, Commanding. [Fifteenth indorsement.] War Department, Adjutant-General's Office, Washington, August 23, 1902. Respectfully referred to the Chief of the Bureau of Insular Affairs, War Department. J. Parker, Major of Cavalry, Assistant Adjutant-General. n Headquarters Philippines Constabulary, Manila, Novembei' 15, 1901. The President of the Board of Claims. Sir: The bearer of this is Mr. Francisco Astorga, who has come up to Manila in con- nection with the loss of his property at Alang Alang due to burning by the insurgents. It gives me pleasure to say that Mr. Astorga has not only been a staunch and loyal friend to the American Government from the earliest period, but that he has also ren- dered us most valuable services in pacifying a large territory tributary to his town by extremely energetic work both in the city and in the field. He is one of the two specially deserving men of Leyte, neither of whose sincerity has there ever been cause to doubt. If there is to be any remuneration or compensation for losses of this kind, I frankly state that Mr. Astorga ought to be one of the favored. Very respectfully, Henry T. Allen, Chief Philippines Constabulary. CLAIM OF FRANCISCO ASTORGA. 9 Alang Alang, Leyte, September 6, 1901. Seiior Francisco Astorga makes application for indorsement of claims for property lost during insurrection at Alang Alang. [First indorsement.] Headquarters Philippines Constabulary, Manila, P. /., September 13, 1901. Respectfully referred to the president board of claims. Capt. Francisco Astorga, president of Alang Alang, has lost practically everything he possessed by reason of his marked aid to our cause from the first day of our arrival in Leyte. From being a fairly rich man, he is now by reason of arson and theft by insurgents, almost penniless. He is of the same class of man as Capt. Juan Flores, and has rendered the American cause practically the same assistance as the latter. These two presidents have been sent out independent of white officers in command of armed natives to most distant parts of the province — this in addition to their valuable aid in bringing in insurgents and in reorganizing towns. Of all the natives of Leyte these two stand out as marked examples of Americanism, as their services to us have been probably of more value, if measured financially, than the total amount of their claims. I sincerely commend Mr. Astorga and think that in all justice he should have some compensation for his losses and his services. Henry T. Allen, Chief Philippines Constabulary, Late Lieutenant- Colonel Forty-third Infantry , U. S. Volunteers. Headquarters Philippines Constabulary, Manila, P. I., September 14, 1901. Copy respectfully furnished Seiior Francisco Astorga, Alang Alang, Leyte, for his inlormation. Henry T. Allen, Chief Philippines Constabulary, Late Lieutenant- Colonel Forty -third Infantry, U. S. Volunteers. Alang Alang, Leyte, P. I., November 11, 1901. The Honorable Military Governor in the Philippines. Sir: Don Francisco Astorga y Calderdn, respectfully states the following, under oath : 1. That he is 46 years of age, a native of the town of Zumarraga, province of Samar, and at present resides in Alang Alang, province of Leyte, at Calle Philipp No. 6, of which latter town he is "Presidente; " that he is an agriculturist by occupation. 2. That he presents herewith claim for $12,973 Mexican, the value of property belong- ing to him and destroyed by fire in the town of Alang Alang, the items of which claim are as follows: Dwelling of frame, stone, and iron $2, 500 Set of Vienna chairs, wardrobes, and other furniture 700 212 "fardos" of tobacco : 3, 600 80 "picos" hemp 800 2 warehouses for storage of merchandise 3, 070 40 lost " carabaos " 800 60 head of lost cattle 1, 200 12 head lost sheep 33 18 head lost horses .• 270 Total 1 2, 973 That he suffered the above loss in the fire at Alang Alang on the morning of May 17, 1901 , which fire occurred in the following manner: An American force entered the town without resistance in any form, finding the town deserted, and set lire to the same, involving the destruction of all the property of your petitioner. The Americans, having encountered no resistance, and having found no inhabi- tants in the town, the latter having deserted through fear without leaving any guard over their property, it is clear that the l)urning of the town was not in accordance 10 CLAIM OF FRANCISCO ASTORGA. with any well-defined end which the American expedition had in view; instead of destroying the town, a detachment sufficient to protect the interests and property of the residents thereof during their absence, should have been stationed therein. In view of the above facts your petitioner believes that the burning of the town could not and can not be regarded as a necessity, and that those who have suffered loss or dam- age thereby should be reimbursed. Granting for the moment that the necessity which caused the American forces to destroy the town of Alang Alang was one of the misfortunes of war, your petitioner's right to claim indemnity for any loss he might have sustained thereby still remains, for the reason that, as appears from existing documents, from the moment of occupa- tion of this province by American troops your petitioner has been faithful to the Government of the United States, rendering that nation no small services in hunting down "insurrectos" and evil-doers; in having scoured the eastern part of the island of Leyte, in obedience to military governor's order, to pursue and capture Moxica, an insurgent general, who, after shai'p pursuit, a few days afterwards came in with his force and surrendered himself to the authorities; in having reorganized the town of Alang Alang, persuading the people to return and rebuild their houses in the place which the fire had laid waste;, in having accomplished the same work in the town of San Miguel, which fire had visited, and in which there remained nothing but ruins, both of these towns now being centers of commerce, all due to the inces- sant effort and vigilance which your petitioner exercised. At the time of the fire in Alang Alang your petitioner was absent from the place in the interests of the Amer- ican Government, without remuneration, engaged in traveling about a portion of the province in an attempt to pacify the same, to which object he was devoting all the energy at his command. Even were it possible to justify the destruction of the town of Alang Alang on the ground of necessity, your petitioner's property should have been excepted, preserved, and protected; but as such was not the case, and his goods were destroyed with those of his neighbors, it is as just that he be reimbursed for his loss, as it is that he who has demonstrated his faithfulness, and loyalty to the point of idolatry and rash espousal of a cause, should not be allowed to suffer injury at the hands of those whom he has served. Your petitioner had a com.petence. but today he finds himself in need of the ordinary necessaries of life for himself and family. The above are tne grounds upon which the petitioner bases his claim, for the amount of which he asks reimbursement. 3. The name of your petitioner, as set forth above, is Francisco Astorga y Calderdn, in whose name and favor this claim is made. 4. Your petitioner was and is the absolute owner of the property mentioned in this claim; the said property was not insured, and he has not received indemnification for the same in whole or in part. Wherefore your petitioner prays that Your Excellency take cognizance of what he has here set forth, and that his claim be allowed. Very respectfully, your obedient servant, Francisco Astorga. The vice-president and members of the council of the municipality of Alang Alang, province of Leyte, P. I., under oath certify that Senor Francisco Astorga, president of this municipality, since the date of the occupation of this province by the American forces, by reason of his loyalty and good conduct has been called upon to lend his services to the Government, and has carried out whatever mission has been intrusted to him to the full satisfaction of the American authorities, aiding with his utmost endeavor in the pursuit of ''insurrectos.'* bandits, and other evil-doers, and having worked with great earnestness to bring this town and the town of San Miguel to their former pros- perous condition. San Miguel and Alang Alang were destroyed and have suffered much, their inhabitants being scattered in various places; Senor Astorga employed all his energy to persuade the people to reestablish the villages, which was accom- plished, and to-day both towns are enjoying peace. The town of yMang Alang was fired by the^Vmerican force which occupied it without resistance, its residents having i)reviously fled through fear, and the village was completely razed, the following property of Senor Astorga being consumed or lost in the conflagration: A dwelling of stone wood, and iron with its furniture; two store- houses of light construction which contained 212 "fardos" of tobacco cloth, and hemp fiber; 40 "caral)ao8;" 00 head of cattle, 11 sheep, and 18 horses; approximating a total loss of more than $12,200 Mexican, and on account of which Senor Astorga, having a numerous family, has been reduced to such a state that he is unable to con- tinue his business on account of lack of capital. CLAIM OF FKANGISCO ASTOEGA. 11 This council certifies, finally, that Senor Astorga, having been designated by the commandant of this province, Major Allen, to search the mountains of the western portion of the island of Leyte for the revolutionary general Ambrosio Mdxica. ac^com- plished his mission so well that the latter with his force presented himself shortly afterwards to the American detachment at Baybay, since which time the province has remained in a pacific condition. And for the corresponding effects this instrument is extended in the ' ' Casa Muni- cipal" of Alang Alang, October 18, 1901, to all of which I. the Secretary, certify. Santiago Agoncillo. Alpino Gatela. Mariano Obero. RupiNO Tante. Juan G. de Borga. EULALIO CaBALONA. ISIDRO DE VeYRA. Valeriano Pedrera. Edo. Villanueva, iSecretary. [Proceedings of a board of officers convened at Carigara, Leyte, P. I., pursuant to the following order and telegram.] Headquarters Sixth Separate Brigade, Tadoban, Leyte, March 14, 1902. [Special Order, No. 55.] Par. 3. A board of officers is hereby appointed to meet at Alang Alang, Leyte, at 10 a. m., March 20, or as soon thereafter as practicable, to inquire into and report upon the validity of a claim against the United States, made by one Francisco Astorga, native. In case the board decides the said Astorga has a valid claim, it will ascertain and recommend a just and equitable sum of money to liquidate said claim. Detail for the board: Capt. R. M. Blatchford, Eleventh Infantry; Second Lieut. N. H. Overly, Philippine Scouts; Contract Surg. J. M. Purnell, U. S. Army. Such journeys as may be necessary in the execution of this order are necessary for the public service. By command of Brigadier-General Smith: W. E. Ayer, Captain Twelfth Infantry, Adjutant-General. [In reply to a telegram sent to the Adjutant-General, Sixth Separate Brigade, Tacloban, requesting authority for board to convene at Carigara on account of principal witness being at Barugo^the following telegram was received.] Tacloban, Leyte, March 19, 1902. Captain Blatchford, Carigara: You are authorized to have board meet at Carigara. In the absence of General Smith : Bates, A. A. G. Carigara, Leyte, P. I., March 20, 1902. Pursuant to the foregoing order and telegram, the board met at 2 p. m. Present, all the members. The board then proceeded to examine Seiior Eziquel Delgado, who, being duly sworn, in reply to questions, answered as follows: Q. Where were you on the 17th of May, 1900? — A. In Barugo. Q. When did Seiior Astorga lose his property at Alang Alang by fire? — A. Two years ago, in 1900. Q. Do you know what property he lost? — A. One house and two storehouses. Q. Of what material was this house? — A. Of stone and wood. Q. What was the value of this house? — A. $4,000 Mexican, in my opinion. Q. What were these storehouses built of? — A. Of wood, with nipa roof. Q. What was the value of the two storehouses? — A. About 3,000 pesos for both. Q. How long before this house and these storehouses were burned wore you inside of them? — A. Fifteen days before. Q. What property was contained in these storehouses? — A. Hemp and tobacco was all I saw. Q. How many pounds in a fardo of tobacco? — A. About 125 pounds. Q. Do you know how much tobacco was in these storehouses?- A. Two hundred fardos, more or less. 12 CLAIM OF FKANCISCO ASTORGA. Q. About how much hemp was in these storehouses? — A. About 80 or 90 picos. Q. At the time of your visit did Senor Astorga have any carabaos; if so, how many, and where were they?^ — A. About 50 or 60 carabaos. I saw them near the town. Q. Did Senor Astorga have any cattle, sheep, and horses at that time ; if so, how many of each? — A. Yes. About 50 head of cattle, 20 horses, and 12 or 15 sheep. Q. WTiat was the value of carabaos, cattle, horses, and sheep at that time? — A. Cara- baos, 40 to 50 pesos; cattle, 25 to 30 pesos; horses, 20 to 30 pesos; sheep, 5 to 6 pesos. Q. Were these carabaos, horses, sheep, and cattle taken off by the Americans or in- surgents? — A. I do not know, I did not stay there. Q. Do you know who burned the town of Alang Alang on the 17th of May, 1900, Americans or insurgents? — A. Women told me that it was burned by a detachment of the Forty-third Infantry stationed in Jaro. Q. Did all of this property herein mentioned belong to Senor Astorga? — A. Yes. Q. Do you know of any particular act or acts of Senor Astorga showing his loyalty and friendship to the United States? — A. Yes, at the time of the fire and afterwardshe was giving his assistance to the Americans by acting as guide for the purpose of locat- ing insurgent camps. He was armed by authority of Major Allen, Forty-third Infan- try, for the purpose of capturing Moxica, and finally drove him to Masin, where he Burrendered. The board had no further interrogatories to propound to this witness, so he was dis- missed . The board then proceeded to examine Senor Valeriano Pedrera, who, being duly eworn, in reply to questions answered as follows: Q. Where do you live?^ — A. In Alang Alang. Q. Where were you on the 17th of May 1900? — A. In the country near Alang Alang, Q. ^^llen did Senor Astorga lose his property at Alang Alang by fire? — A. On the 17th of May, 1900. Q. Do you know what property he lost? — A. A house and two storehouses. Q. Of what material was this house? — A. Wood. Q. A^Tiat was the value of this house? — A. About 3,000 pesos. Q. \\Tiat were the storehouses built of ? — A. Bamboo. Q. What was the value of these two storehouses? — A. About 1,000 pesos for the two. Q. How long before this house and these storehouses were burned were you inside of them? — A. About three months before. Q. What property was contained in these storehouses? — A. About 80 picos of hemp, over 200 fardos of tobacco, also fish, sugar, and bread. Q. At the time you are speaking of did Seiior Astorga have any carabaos, cattle, fiheep, and horses; if so, how many? — A. About 40 carabaos, 18 horses, 60 head of cattle, and 12 sheep. Q. What was the value of each of these at that time? — A. Carabaos, 25 to 40 pesos; horses, 20 pesos; cattle, 20 to 30 pesos; sheep. I do not know. Q. Were these carabaos, horses; sheep, and cattle taken off by Americans or insur- gents? — A. Some by Americans, some by insurgents. Q. Do you know who burned the town of Alang Alang on the 17th of May, 1900? — A. American soldiers from Jaro. Q. Do you know of any act of Sefior Astorga showing his loyalty and friendship to the United States? — A. He gave them sheep. The board having no further interrogatories to propound to this witness, he was dismissed. The board then proceeded to examine Seiior Juan Gariando, who, being duly sworn, in reply to questions answered as follows: Q. Where were you on the 17th of May, 1900? — A. Near the town of Alang Alang. Q. When did Senor Astorga lose his property at Alang Alang by fire? — A. In the month of May, 1900; do not remember the date, Q. Do you know what property he lost? — A. A house and two storehouses. Q. Of what material was this house? — A. Wood, stone, and iron. Q. What was the value of this house? — A. About 3,000 pesos. Q. What was the material of these storehouses? — A. Bamboo. Q. What was the value of these two storehouses? — A. About 4,000 pesos, more or less. Q. How long before this house and these storehouses were l)urned were you in them? — A. About three weeks. Q. What properly was contained in these storehouses? — A. Principally hemp and tobacco, })ut also such things as are found in general stores. Q. Do you know alxnit how much tobacco and hemp was in these storehouses? — A. Over 200 fardos of tobacco and al)out 80 picos of hemp. Q. At this time did Senor Astorga have any carabaos, horses, sheep, and cattle; if BO, how many?— A. About 40 carabaos, 18 horses, 60 head of cattle, and 12 sheep. CLAIM OF FRANCISCO ASTORGA. 13 Q. What was the value per head of this stock at that time? — A. Carabaos, first- class, 40 pesos; horses, 20 to 30 pesos; sheep, about 4 pesos; cattle, about the same as caraboas. Q. Were these carabaos, horses, sheep, and cattle taken off by the Americans or insurgents? — A. I do not know. Q. Do you know who burnt the town of Alang Alang on the 17th of May, 1900? — ■ A. The America,n soldiers from Jaro. Q. Did all this property belong to Seiior Astorga? — A. . Q. Do you know of any particular act of Seiior Astorga showing his loyalty and friendship to the United States? — A. He gave them meat and assisted them in going to the mountains to find insurgents. The board having no further interrogatories to propound to this witness, he was dismissed. The board then proceeded to examine Seiior Rufino Tante, who, being duly sworn, in reply to questions answered as follows: Q, Where were you on the 17th of May, 1900? — A. Near Alang Alang. Q. When did Sefior Astorga lose his property at Alang Alang by fire? — A. On the 17th of May, 1900. Q. Do you know what property he lost? — A. A house and two storehouses. Q. Of what material was this house? — A. Wood. Q. What was the value of this house? — A. About 3,000 pesos. Q. What was the material of these storehouses? — A. Bamboo and wood. Q. What was the value of these two storehouses? — A. Over 1,000 pesos. Q. How long before this house and these storehouses were burned were you in them? — A. Two weeks before. Q. What property was contained in these storehouses? — A. Hemp, 80 picos; tobacco, over 200 fardos; and goods generally found in a general store. Q. At this time did Senor Astorga have any carabaos, horses, sheep, and cattle; if 80, how many? — A. Yes. Cattle, about 60 head; carabaos, about 40 head; sheep, about 12 head, and about 18 horses. Q. What was the value per head of this stock at this time?^A. Carabaos, 20 to 35 pesos; horses, 20 to 30 pesos; cattle, 20 to 35 pesos, and sheep about 4 pesos. Q. Was this stock taken off by Americans or insurgents? — A. I believe the carabaos and cattle were sometimes taken by American soldiers. Q. Do you know who burnt the town of Alang Alang on the 17th of May, 1900? — A. American soldiers from Jaro. Q. Did all this property belong to Sefior Astorga? — A. Yes. Q. Do you know of any particular act of Senor Astorga showing his loyalty and friendship to the United States? — A. He was at the American soldiers' service at any time and he gave them meat. Q. When the American soldiers asked a favor of Sefior Astorga did he grant it? — A. Yes. The Board having no further questions to ask this witness he was dismissed. Senor Astorga was then asked if he had anything further to state in connection with his affidavit, to which he replied in the negative. The board then considered the statements of the foregoing citizens of the island of Leyte in connection with the affidavit of Sefior Astorga and the indorsement of Henry T. Allen, chief Philippine Constabulary, late lieutenant-colonel Forty-third Volun- teer Infantry, and finds that Sefior Astorga was the sole owner of the property enu- merated in his claim; further, the board is convinced that his services during the pacification of the island of Leyte are entitled to recognition. The board is of the opinion that the property in question was lost as stated, but has no means of verifying the value of this property with Sefior Astorga's affidavit. The board therefore recommends that Sefior Astorga be reimbursed for the loss of this property the sum of $6,500 Mexican currency. The board having no further business before it adjourned sine die at 4 p. m. R. M. Blatchford, Captain Eleventh Infantry, President. Noah Overly, Second Lieutenant Philippine Scouts, Member. Julius M. Purmell, Contract Surgeon, U. S. Army, Recorder. Tacloban, Leyte, P. I., March 28, 1902. Approved : J. H. Smith, Brigadier-General U. S. Army, Commanding. 14 CLAIM OF FRANCISCO ASTORGA. War Department, Office of the Quartermaster-General, Washington, December 14, 1904. Chief Quartermaster, Philippines Division, Manila, P. I. Sir: By direction of the Quartennaster-General, the papers in the claim of Seiior Francisco Astorga, Alang Alang, Leyte, P. I., are herewith returned with request that you cause an investigation and report to be made by a surveying officer to deter- mine the following points, viz: 1. Who was in command of the expedition which did the burning. 2. WTiy the village was burned if it were deserted at the time. 3. Why, in burning the village, proper steps were not taken to protect the property of Francisco Astorga. 4. The value of the property destroyed in detail. 5. Whether Francisco Astorga would be willing to accept in full settlement the value of his losses as ascertained by the surveying officer, his willingness or unwilling- ness to be indicated in writing. Francisco Astorga should be informed that it is not known whether the conditions under which his property is alleged to have been destroyed except his claim from the general rule that the Government is not legally bound to pay the claim of any party who suffers a loss through insurrection; but, as his claim appears to b« meri- torious, this Office is willing, should his claim be further verified by this investigation, to recommend the case to Congress for favorable action. Early action requested. Respectfully, J. B. Bellinger, Major and Quartermaster, U. S. Army. [First indorsement.] Headquarters Philippines Division, Office of Chief Quartermaster, Manila, P. I., January 26, 1905. Respectfully forwarded to the adjutant-general, Philippines Division, Manila, recommending reference to the commanding general. Department of the Visayas, Iloilo, Panay, P. I., for appropriate action. Jno. L. Clem, Assistant Quartermaster-General, U. S. Army, Chief Quartermaster. [Second indorsement.] Headquarters Philippines Division, Manila, P. I., January 28, 1905. Respectfully referred to the commanding general, Department of the Visayas, Iloilo, Panay, P. I., for necessary action. By command of Major-General Corbin: C. G. Starr, Major, Assistant Adjutant-General. [Third indorsement.] Headquarters Department of the Visayas, Iloilo, P. I., March 3, 1905. Respectfully referred to Capt. Clarence S. Nettles, acting judge-advocate, U. S. Army, judge-advocate these headquarters, for investigation and report. These papers to be returned to this office. By coii^mand of Brigadier-General Carter: D. A. Frederick, Major, Assistant Adjutant-General, Adjutant-General. [Fourth indorsement. Headquarters Department of the Visayas, Office of Judge-Advocate, Iloilo, P. I., April 20, 1905. Respectfully returned to the military secretary of the department, with report of investigation, as directed by the third indorsement. Clarence S. Nettles, Captain and Acting Judge- Advocate, Judge- Advocate. CLAIM OF FRANCISCO ASTORGA. 15 [Fifth indorsement.] Headquarters Department of the Visayas, Iloilo, P. I., April 25, 1905. Respectfully returned to the military secretary, Philippines Division, Manila, P. I., inviting attention to the preceding indorsement and inclosures. W. H. Carter, Brigadier-General, U. S. Army, Commanding. [Seventh indorsement.] Headquarters Philippines Division, Office op Chief Quartermaster, Manila, P. I., May 4, 1905. Respectfully returned to the Quartermaster-General, U.S. Army, inviting attention to fourth indorsement hereon and inclosures thereto. Jno. L. Clem, Assistant Quartermaster -General, U. S. Army, Chief Quartermaster. [Eighth indorsement.] War Department, Office of the Quartermaster-General, Washington, July 8, 1905. Respectfully referred, by direction of the Quartermaster-General, to Lieut. Xlharles C. Estes, 1339 Kenesaw avenue, Washington, D. C, inviting attention to the within claim of Francisco Astorga. Any information that Lieutenant Estes may be able to furnish regarding the circum- stances under which this property was destroyed will be appreciated. It is particularly desired to know what, if any, justification there was for burning the property in question; whether the case was reported at the time, and whether steps were taken to determine the loss and reimburse the claimant. An official envelope is inclosed herewith for the return of these papers. J. B. Bellinger, Major and Quartermaster, U. S. Army. [Ninth indorsement.] 1339 Kenesaw Avenue, Washington, B.C., August 24, 1905. Respectfully returned to the Quartermaster-General, U. S. Army, with the informa- tion that I investigated and reported the facts relative to the Alang Alang fire, on or about May 17, 1905, to my commanding officer, Capt. L. E. Hanson, Forty-third U.S. Volunteer Infantry. There was no reason why the property of Senor Astorga should have been burned, and if steps were taken to reimburse tthe claimant I did not learn of it. Charles C. Estes, Lieutenant. There is no return of the Forty-third Infantry, U. S. Volunteers, on file at these headquarters. This, probably, on account of the regiment leaving the department to return to the United States May 31, 1901. The return of that regiment for the month of April, 1901, however, shows that Jaro was during that month garrisoned by a detachment of Company B, Forty-third Infantry, no officer being with the detachment. There were also hospital corps men and a few men of Company B, Leyte scouts. I can not find any record of the number of these scouts; they were, however, at that time merely civilian employees, being paid by the Quartermaster Department. The return of the Eleventh Infantry for the month of May, 1901, shows that on May 25, 1901, a detachment of 30 men of that company, with no commissioned officer in command, marched from Carigara to Jaro and took station at the latter place. The probability is that the Forty-third Infantry detachment left same date. Duncan. 16 CLAIM OF FRANCISCO ASTORGA. Troops stationed in Tacloban. Lcyte, P. I., in May, 1901. Headquarters and band. Eleventh Infantry (arrived there on May 3], 1901). Company K, First Infantry. Headquarters, band and Companies D and I; Forty^third Infantry, U. S. Volunteers. Duncan. Karigara, Leyte, p. I., February 13, 1900. To whom it may concern: Please allow bearer, Mr. F. Astorga, to pass from this island to Calbayog, Samar, P. I. He is one of the employees of Mr. A. L. Bindloss, the English agent at Barugo, Leyte, P. I. Any assistance he receives will be appreciated. Mr. Bindloss has been very kind to the American troops stationed in his town. • Charles C. Estes, Lieutenant, Forty -third Infantry, U. S. Volunteers, Commanding Detachment. A true copy. Clarence S. Nettles, Captain and Acting Judge-Advocate, U. S. Army. Special Orders,! Hdors. Dept. of the Visayas, No. 55. / iloilo, Panay, P. I., April 1, 1905. 1. Contract Dental Surg. William G. Hammond, U. S. Army, now at Camp Connell, Calbayog, Samar, P. I., will proceed by first available government transportation, to this city, reporting upon arrival to Contract Dental Surg. John D. Millikin, U. S. Army, Dental Base Station, No. 2, for treatment. Upon completion of said treat- ment Contract Dental Surgeon Hammond will return to his proper station. The travel enjoined is necessary for the public service. 2. Capt. Clarence S. Nettles, acting judge-advocate, judge-advocate, these head- quarters, accompanied by Mr. Felipe Gomez, interpreter, quartermaster's department, will proceed by first available government transportation to Alang Alang, Leyte, P. I., for the purpose of investigating a claim submitted by Sr. Francisco Astorga. Upon completion of this duty Captain Nettles and Mr. Gomez will return to their proper station in this city. The quartermaster's department will furnish the necessary transportation. The travel enjoined is necessary for the public service. 3. Mr. William Butler, teamster, quartermaster's department, now sick in the Base Hospital, this city, will be sent by first available government transportation to Manila, P. I., to report upon arrival to the commanding officer. Division Hospital, for observa- tion and treatment. The quartermaster's department will furnish the necessary transportation. The travel enjoined is necessary for the public service. 4. Mr. Clements W. Legge, headquarters clerk, is granted leave of absence for ten days, effective on or about the 2d instant, with permission to visit Manila, P. I. 5. Private James A. Nickerson, Company C, Twelfth Infantry, having been tried by a general court-martial convened at Camp Jossman, Guimaras, P. I., and found not guilty of desertion in violation of the forty-seventh article of war, but guilty of absence without leave, in violation of the thirty-second article of war, was, upon con- sideration of evidence of five previoiis convictions, sentenced ''To be dishonorably discharged the service of the United States, forfeiting all pay and allowances due him, and to be confined at hard labor, at such place as the reviewing authority may direct, for three months." The sentence is approved and will be duly executed. For further confinement and disposition, the prisoner will be sent, under proper guard, to Manila, P. I., to be turned over to the commanding general. First Brigade and Post of Manila, as required by General Orders, No, 111, series of 1903. Division of the Philippines. By Command of Brigadier-General Carter. J. L. DeWitt, First Lientenant, Twentieth Infantry, A. D. C, Acting Military Secretary. CLAIM OF FBANCISCO ASTORGA. 17 Headquarters Forty-third Infantry, U. S. Volunteers, Taclohan, Leyte, P. /., April 12, 1901. To Commanders of Posts, Subposts, anch Camps. Sirs: Presidente Juan Flores, of Tacloban, and Presidente Francisco Astorga, of Alang Alang, with their command of 30 riflemen and various bolomen, will be furnished all aid possible, including food and as far as practicable transportation, during their expedition against Moxica and his followers. The rations will be issued as for native police in accordance with General Orders, Division of the Philippines, The well-known loyalty and valuable services already rendered the Government by these two presidentes causes me to place great confidence in them. Very respectfully, Henry T. Allen, Major, Forty-third Infantry, U. S. Volunteers, Commanding. A true copy. Clarence A. Nettles, Captain and Acting Judge- Advocate, U. S. Army. Headquarters First District, Department of the Visay'^as, Tacloban Leyte, P. I., May 28, 1901. To all whom it may concern. Being about to relinquish command of the district and depart for the United States with the Forty-third Infantry U. S. Volunteers, it affords me great pleasure to bear witness to the good faith, loyalty, and zeal of Sefior Francisco Astorga, presidente of Alang Alang, Leyte, during the past year. In the performance of all his duties both as presidente of this town and while chasing insurgents in the field, Senor Astorga has proven himself to be strong, able, brave, loy il, and a thoroughly trustworthy man. It will always afford me pleasure to remem- ber the assistance he has rendered me in my endeavor to restore peace and good order in the district. Arthur Murray, Colonel Forty -third Infantry, U. S. Volunteers, Commanding. A true copy. Clarence S. Nettles, Captain and Acting Judge- Advocate, U. S. Army. testimony of \YirNESSES. Teodora Novella, being first duly sworn, testified as follows: Q. What is your name? — A. Teodora Novella. Q. Where do you live? — A. In Alang Alang. Leyte. Q. What is your age? — A. Twenty-five years. Q. Do you remember when the town of Alang Alang was burned? And if so, please state the year, month, and day. — A. On the 17th of May, and I think the year was 1900. Q. Were you in Alang Alang on tliat day? — A. Yes, sir. Q. Tell in your own way everything that you know about the burning, by whom it was done, and all that party did while they were in Alang Alang. — A. It was burned by American soldiers who came from Jaro. I saw them setting fire to the houses; I did not see any officer with them. Later in the day, after the fire, an American officer came accompanied by Senor Astorga and others. This officer asked me questions about the fire, and who had fired the houses. The soldiers did not set (ire to one house only, but to many houses throughout the town; I saw them set fire to Sefior Astorga's house. The soldiers came, set fire to the houses, and then went back to Jaro. The soldiers did nothing else but burn the town. H. Doc. 715, 60-1—08 2 18 CLAIM OF FRANCISCO ASTORGA. Q. Besides yourself, who else was in Alang Alang the day of the fire? — A. Two other women who are now dead and a wounded man. I do not know whether or not there was anyone in Senor Astorga's house. Q. Where were all the people of the town?— A. They had gone to the fields. Q. State if you can why the town was deserted by its inhabitants. — A. I do not know. Valeriano Pedrera, being first duly sworn, testified as follows: Q. Where do you live? — A. In Alang Alang. Q. A\'hat is your age? — A. Fifty-eight years. Q. Please state all that you know concerning the l)urning of the town of Alang Alang. — A. The town of Alang Alang was burned on the 17th of May. 1900. by the detach- ment of American soldiers stationed in Jaro. I remained in my house in the town myself that day. My house was some little distance from the portion of the town which was fired by the Americans, and the fire did not reach that part. Q. AMio else was in the town besides yourself? — A. Teodora Novella and my little brother, who was shot by the Americans. Q. Where were all the people of Alang Alang?— A. They were in the mountains and on the fields. Q. Why had they deserted the town? — A. Because they were afraid; some of the Americans and others of the insurrecto bolomen. Q. The Chinos deserted the town also? — A. Yes, sir. Q. Do you know whether or not the house of Seiior Astorga was set fire by the Americans or by the spreading of the flames? — A. I did not actually see the Ameri- cans setting fire to the house, but when I saw the smoke coming from Senor Astorga's house I went there and the Americans were still there, and they made no efforts to save the house. Q. Was any of the furniture removed from Senor Astorga's house? — A. I saw no efforts made to remove any. Q. Did you see Senor Astorga that day; and if so, under what circumstances? — A. I saw him with others who came from Jaro with the lieutenant who was investigating the burning of the town. RoMUALDO Molina, being first duly sworn, testified as follows: Q. How old are you? — A. Thirty years. Q. Where do you live? — A. In Jaro, island of Leyte. Q. State all that you know concerning the burning of the town of Alang Alang. — A. I can state that on the 17th of May of the year 1900 I was a member of the police force in Jaro, and on the evening of that day I came to Alang Alang with Lieutenant Estes because he had noticed that the town of Alang Alang was burned by the American soldiers who came from Jaro that day. ^The lieutenant was very angry and arrested the soldiers. Francisco Astorga, being first duly sworn, testified as follows Q. How old are and where do you live? — A. Forty-eight years, and I live in Alang Alang, island of Leyte. Q. Where was your home on the 17th of May, 1900? — A. In the calle Real of this town of Alang Alang. Q. Where were you on that day, if you can remember? — A. I was in the town of Jaro. Q. What were you doing there?— A. As there was nobody in this town I was living in the house of Don Francisco Gutierrez. Q. You mean by your answer that at that time all the people had deserted the town of Alang Alang? — A. The majority of the people deserted the town. Q. For what reason did they desert the town? — A. They were afraid of the insur- ractos. Q. Were you at any time ever connected with the insurrectos against the American Government? — A. Never. Q. State briefly what services you have rendered the United States during the insurrection in this island, and when you first commenced to give aid to the American forces. — A. Upon the arrival of the Americans, I rendered services helping put up the telegraph wires, accompanying the troops in searching for and in pursuit of the insur- rectos. Furthermore, General Allen sent me in command of a body of policemen to the mountains to capture the insurrecto, General Mojica, who thereupon came in and surrendered to Major Allen in Baybay. I had the trust and confidence of all the American officers in this island. Q. Miat American troops were stationed at Jaro on the 17th of May, 1900? — A. A detachment of the Forty-third Regiment of Volunteers. CLAIM OF FEANCISCO ASTORGA. 19 Q. Who was in comtaand of tlie detachment in Jaro? — A. The soldiers in Jaro were under the command of a sergeant, but the lieutenant of the company which was sta- tioned at Karigara came over frequently to inspect the detachment in Jaro. Q. Wlien was the town of Alang Alang burned? — A. I think it was on the morning of the 17th of May, 1900. Q. By whom was it burned? — A. By the soldiers of the detachment of Jaro. Q. What reason did they have for burning this town? — A. I know of no reason. Q. Were the inhabitants of Alang Alang considered by the Americans to be insur- recto sympathizers? — A. Not that I know of. Q. From what you know of the town of Alang Alang and its inhabitants, do you think that there was any good reason or cause for burning this town? — A. I can not say nor do not know of any cause. For many days before the burning of this town 1 went away, for the reason that the people here charged me with being an American- ista; I left the town, considering my life unsa'e; if the insurrectos had caught me, they would have killed me as they did the other Americanistas. Q. State fully all that you know about the burning of Alang Alang. — A. The smoke of the burning town could be seen in Jaro. Lieutenant Estes, Forty-third Infantry, who was in Jaro that day. called me and others into the convent and told us, "See, there is a fire in Alang Alang," and requested myself and others to go with him to Alang Alang. We got horses immediately and came to Alang Alang. When we reached Alang Alang, the town had been completely destroyed by fire. The lieu- tenant commenced at once to investigate the burning, questioning a woman, Teodora Novella, a wounded man, Toribio Pedrera, Gregorio Magallanes, and Valeriano Pedrera, who were the first people that we have found in the town. I was present with the lieutenant throughout his investigation. These people told him that the town was burned by the soldiers from Jaro who had left just a fev/ minutes before. There are two roads from Alang Alang to Jaro which accounts for the fact that we did not meet the soldiers when we came to Alang Alang. We returned to Jaro immediately and a short while after our arrival the soldiers came. I saw the lieutenant talking to them and he seemed to be very angry; but I could not understand what he said to them. I do not know whether these soldiers were punished or not, but I heard that they were arrested. There were about ten soldiers in this party that did the burning under the command of a noncommissioned officer. Q. Please state in detail what property, if any, of yours was lost or destroyed by this fire. — A. A dwelling of frame, stone, and iron F^2, 500 Set of Vienna chairs, wardrobes, and other furniture. .' 700 212 "fardos' ' of tobacco' 3, 600 80 ' ' picos' ' hemp 800 2 warehouses, and merchandise '. 3, 070 40 lost carabao 800 60 head of lost cattle 1 , 200 1 2 head of lost sheep 33 18 horses 270 Total 12, 973 Q. Please give me the dimensions of the dwelling house you mention. — A. 40 by 50 feet, with six rooms attached. Q. What part of it was stone, what part frame, and of what material was the roof? — A. It was a frame house constructed of native wood with nipa roof, the timber con- stituting the framework being set in stone foundations. Q. In what year did you bnild this house and state to the best of your knowledge what it cost you. — A. It was built in January, 1898, and cost me ^=2,500 conant; considering the difference in the price of wood, the present time, it would cost to build the same house ^^5,000 conant. i Q. Please state the cost of wood at the present time, and the year 1898. — A. The cost of wood at the present time is four times more than what it was in 1898; further- more, carpenters were paid for a day's labor at that time 25 cents; are now paid ^'l a day conant. Q. Did you keep any account of the expenditure of money in constructing this house; if so, can you produce such accounts for my inspection? — A. They were burned when the house was burnt. Q. Then please state to the best of yom- recoUection what you actually pai(i out for the hire of carpenters, stonemasons, stone that went into the foundation, the timber wood, nipa for the rooting, and any interior dcK-oration that the house may have had contained.— A. Of cour.se I can not state all of these amounts delinitely from memory; 20 CLAIM OF FRANCISCO ASTORGA. others I can, such as thnber, nipa. and the logs from which the planks were sawed, but the following is about con-ect : 4,000 bundles of nipa, at F4 per 100 P280 Timbers for frame 400 38 logs from which boards were sawed , 570 Cost of hauling logs and timbers 480 Bejuco 17 Nails 100 Doors 80 Paints 20 Total 1, 947 Q. Please make your statement more definite as to the chairs, wardrobes, and other furniture which was contained in the house. I desire you to furnish a list of the same, stating as exactly as possible of what it consisted, when and where you pur- chased it, and its cost. — A. 2 wardrobes purchased in Manila in 1894 ?150 2 sets Vienna chairs purchased from the padre of this town, who was moving to another town 150 1 chiffonier with large mirror purchased in Tacloban in 1892, and 1 small chif- fonier 50 2 marble top tables purchased here from the padre in 1895 60 1 marble round table purchased from the same padre 40 2 cane-bottom sofas purchased from the padre in 1895 30 2 dining tables purchased from the padre in 1895 25 1 writing desk purchased from the padre of Jaro 20 2 dozen bejuco chairs purchased here in 1895 24 2 washstands, 1 with marble top, purchased here from the padre in 1894 50 Lamps, clocks, and pictures 75 Total 674 and a great many articles consisting of books, bric-a-brac, clothing, and other such things that is impossible for me now to enumerate but which were of considerable money value. Q. Are you positive that all of these articles that you have just mentioned were in your house when it was burned and destroyed by fire at that time? — A. I believe so. Q. When was the last time prior to the fire you saw them? — -A. Before I went to Manila in February, 1900. Q. You have said that at the time of the fire you were in Jaro, where, for the security of your life, you were then residing; please state why you did not remove your personal effects to Jaro for safe keeping. — A, Because when I went away I left my family in the town and I also left Chinos in charge. Q. Did you at any time have opportunity to remove your personal property to Jaro or any other place of security? — A. I did not have any opportunity whatever. I only carried eight chairs, which are not included in this list. ^Loreover I had no reason to fear that the town would be burned, and besides I had not fears whatever for my house because I was serving the Americans, and whenever the American officials passed through Alang Alang, they used to stop at my house, which was always at their service. Q. At the time of the fire, who, if any, was living in your house and in charge of your property? — A. My mother-in-law Perfecta Lobo, and my Chino servants came to the house daily, Q. Is your mother-in-law here? — A. In Tacloban. Q. I desire you now to give me the exact dimensions of the two warehouses which you have mentioned, and that you state the date when they were built and the ma- terials of which they were constructed separately and the cost of each one. — A. One was 30 by 20 feet and the other 20 by 20 feet, built of light materials — that is to say, of woven bamboo and nipa roof. The one of 30 by 20 feet was contracted by Agapito Litis for F448, and the other was contracted by Fabian Maraya for F340. They furnished the labor alone for these respective sums of money. I furnished the materials myself as follows: 4,500 nipas at F4 per 100, T22S. The timbers and woven bamboo for the two buildings, F300; 112 pieces of flooring, at Tl.bO a piece, amounting to F168. Q. How do you account for the difference in the statement heretofore rendered by you wherein the value of the two warehouse's was stated is F3,070, whereas accord- ing to the present calculation their cost amounts only to F1.484? — A. In the state- ment previously rendered the item of F3,070 was intended to include certain articles of merchandise, such as clothing, lice, etc., which were in the storehouses. CLAIM OF FKANCISCO ASTORGA. 21 Q. In your statement of articles destroyed I note the items of 112 fardos of tobacco and 80 picos of hemp; where were this tobacco and hemp stored? — A. In the two warehouses. Q. How is it that you are able to state positively the number of fardos of tobacco and hemp that were contained in the storehouses? — A. This is stated upon the in-" formation given me by the Chinamen whom I had employed in the storehouses. Q. What were the Chinamen's names? — A. One of them was Andres Uychijon and the other was called Yah. Q. What was the value at that time of the tobacco per fardo and the hemp per pico? — A. The value of hemp was !P10 per pico; as to the tobacco, that was pur- chased at various prices, and we paid out for this tobacco the sum of money that was stated, F3,600; but my wife and the Chinos who bought it can state about how this amount is calculated better than myself; I can state, however, that if I had at this time the same tobacco it would be worth now IP 14, 000. Q, What would it cost to rebuild the two storehouses at this time? — A. The two warehouses would cost now ^^1,000, because the price of the bamboo is less now than it was then, being more plentiful. Q. In relation to the 40 carabaos, 60 head of cattle, 12 head of sheep, and 18 horses included in your statement of losses, where were these animals kept; at your resi- dence of this town of Alang Alang or at your hacienda? — A. I had the cattle in the corral behind the convent house, the carabaos in a corral behind my house, and the horses were in charge of the Chinos who were taking care of my storehouses. Q. Were all of these animals lost entirely by you and have you never recovered possession of any of them? — A. They were all lost by me. They disappeared on the day when Alang Alang was burned and I have never recovered any of them. Q. Are you positive about the number of animals that you owned and that, as it is stated in the list, the number is correct? — A. I am positive. Q. Who else can testify as to the number of animals that you had at that time? — A. Everybody in this town. Q. How do you arrive at the values of these animals as stated in your list of losses? — A. The values are based upon the prices paid for the animals prior to the revolution, which was much less than the prices at the present time. Carabaos were worth from ^"15 to P^25, cows from f^l5 to P^25, sheep at T^S a head, and horses from P'lO to ?'20. Agapito Lelis, being first duly sworn, testified as follows; Q. Where do you live? — A. I live in Alang Alang, island of Leyte. Q. What is your age? — A. Forty-two years. Q. What is your occupation? — A. I am a farmer. Q. Did you at any time build a storehouse for Sehor Astorga? And if so, please state when. — ^A. I built a storehouse for Seiior Astorga in the year 1897. Q. What did he pay you for building it? — A. Three hundred and forty pesos. Q. What was the size of that storehouse and of what material was it constructed? — ■ A. Twenty- two and one-half by twenty feet, built of wood, woven bamboo matting nipa roof, and plank floor. Q. Who furnished the materials for the construction of this storehouse? — A. Senor Astorga; I was only paid for constructing it. Q. In your opinion, when completed, what was the value of that storehouse? — A. More than T700. Q. Where is that storehouse now? — A. It was burned when the town of Alang Alang was destroyed by fire by the American soldiers. Fabian Maraya, being fu'st duly sworn, testified as follows: Q. Where do you live? — A. I live in Alang Alang, island of Leyte. Q. What is your age? — A. Forty-eight years. Q. What is your occupation? — ^A. I am a farmer. Q. Did you at any time build a house for Senor Astorga; if so, when? — A. Yes; I built a house for Sefior Astorga in the year 1897. Q. What did he pay you for building it? — A. Three hundred and forty pesos. Q. What was the size of that storehouse and of what material was it constructed? — ■ A. Twenty-two and one-half by twenty feet, built of wood, woven bamboo matting and nipa roof and plank floor. Q. Who furnished the materials for the construction of this storehouse? — Seiior Astorga; I was only paid for constructing it. Q. In your opinion, when completed, what was the value of that storehouse? — A. About FOOO. Q. Where is that storehouse now? — A. It was burned when the town of Alang Alang was destroyed by fire. 22 CLAIM OF FKANCISCO ASTOEGA. Chino Uy-Quangco "a" Yah testified as follows: Q. Where do you live? — A. I live in Alang Alang, island of Leyte. Q. What is your age? — A. Thirty-five years. Q. What is your occupation? — A. I am a clerk in a Chino store. Q. What was your business in May, 1900? — A. I. was in charge of a storehouse of Seiior Astorga. Q. What happened to that storehouse on the 17th of May. 1900? — A. It was burned. Q. Where were you on the day it was burned? — A. I was in Jaro that day. Q. Why did you leave the storehouse and go to Jaro? — A. I left Alang Alang for Jaro two months before the fire because I was afraid of the insurrecto bolomen. When I left I turned over the keys of the storehouse to the wife of Sefior Astorga. Q. Can you tell me what was contained in that storehouse when you turned over the keys to Scnora Astorga? — A. Forty-six picos of hemp, 87 fardos of tobacco, and about IPl.OOO in other goods. Q. What kind of goods do you mean by other goods? — A. Clothing and rice. Q. How can you state positively that there were 87 fardos of tobacco and 46 picos of hemp in that warehouse? — A. I remember these quantities of tobacco and hemp from entries I made in my books that I kept at that time. Q. What was the value of that hemp and tobacco? — A. The hemp more than P^900 and tobacco about P'l.OOO Q. How do you arrive at these figures? — A. I figure the hemp from the value of hemp at that time in Tacloban, which was ^^20 per pico, and the tobacco according to the money that was paid for it. Q. Are you able to state now what money was paid for the tobacco that was at that storehouse? — A. Yes; because we had there 1,000 pesos for thi^ purchase of tobacco and that amount has been expended. Q. Do you know what was in the other storehouse of Senor Astorga? — A. Yes; there were about 34 or 36 picos of hemp, and about 125 fardos of tobacco. I do not know about the other goods. Q. How do you know about the number of picos of hemp and fardos of tobacco that were there? — A. Because the other Chinaman told me so, and besides I saw some tobacco and hemp there myself. Q. Did the other Chinaman leave Alang Alang at the same time you did?^ — A. Yes, sir. Q. Tell me how many carabaos and how many head of cattle Seiior Astorga had at that time. — A. About 40 carabaos, 60 head of cattle, and 18 horses. Q. Where was these animals kept? — A. Here in the town. Q. Who had charge of the carabaos? — A. Some natives, but I had charge of 10 cara- baos and 6 horses. Q. What did you do with these carabaos and horses when you went to Jaro? — A. I turned them over to the wife of Senor Astorga. Chino Uychijon testified as follows: Q. How old are you? — A. forty-one years, Q. What is your occupation? — A. I am a merchant. Q. Where do you live? — A. In Alang Alang, island of Leyte. Q. What was your business in the month of May, 1900? — A. I was in charge of a store- house belonging to Sefior Astorga. Q. What happened to that storehouse on the 17th of May, 1900? — X. It was burned. Q. Where were you at the time it was burned? — A. I was in Jaro. Q. When did you leave Alang Alang for Jaro? — A. In the month of March of same year. Q. Why did you leave Alaug Alang? — A. I left Alang Alang when all the China- men left, and also the majority of the people because we were afraid of the insurrectos. Before I left I delivered the keys of the storehouse to the wife of Seiior Astorga. Q. What was in that storehouse when you left? — A. Hemp, tobacco, clothing, and some other goods. Q. Can you state how much hemp and tobacco was in the storehouse, aiul its value? — A. I had 34 picos of hemp and 125 fardos of tobacco. The hemp was worth more than 700 pesos and the tobacco more than 2,000 pesos. Q. On what do you base your statement as to the amount of tolMcco and hemp stored there at that time? — A. I recollect from the entries which I made in the books that I kept, and which I noted at the time when I turned over the keys. Q. Di(i you h'AYo charge of any carabaos or horses of Senor Astorga at that time; if so, how many? — A. I had charge of 23 carabaos and 12 horses. Q. What were carabaos and horses worth at that time? — A. A carabao was worth from 30 to 40 pesos and a horse from 15 to 20 pesos. CLAIM OF FRANCISCO ASTORGA. 23 Pablo Barrantes, having been first duly sworn, testified as follows: Q. Where do you live? — A. I live in Alang Alang, island of Leyte. Q. How old are you? — A. Twenty-eight years. Q. What is your occupation? — A. I am municipal treasurer for Alang Alang. Q. Were you familiar with the house and furniture formerly owned by Senor Fran- cisco Astorga, which was burned on the 17th of May, 1900? — A. Yes, sir. Q. Please describe the house and give me your opinion as to its value at that time. — A. That house was the best house in Alang Alang. It was built with strong materials and nipa roof. The house was worth more than 2,000 pesos. Q. How much at the present time would it cost to replace that house, considering the present prices of the same materials of which it was constructed? — A. More than 3,000 pesos. Q. What was the character of, and describe as well as your recollection may permit, the household goods with which that house was fui'nished. — A. There were wardrobes, Vienna chairs, chiffoniers, and other furniture. Q. What would you say that that furniture was worth if you were valuing it for taxation? — A. Close to 1,000 pesos. Q. What was the value of carabaos, cattle, sheep, and native horses per head in Alang Alang at that time? — A. Horses were worth 20 pesos, carabao 35 pesos, cattle .25 pesos per head, and sheep 5 pesos a pair. Q. What, in your opinion, was the value of the stprehouses of Senor Astorga, which ~were also burned in the year 1900? — A. More than 3,000 pesos. Angela Zabala de Astorga, being first duly sworn, testified as follows: Q. Where do you live? — A. In Alang Alang, island of Leyte. Q. What is your relation to Senor Francisco Astorga? — A. I am his wife. Q. Did you enjoy the same relation in the year 1900? — A. Yes, sir. Q. Please state generally what loss of property your husband sustained on or about the 17th of May of the year 1900. — A. He lost his dwelling house and all of the furni- ture, two storehouses and their contents consisting of, in one storehouse in charge of a Chinaman called Yah, 46 picos of hemp, 87 fardos of tobacco, and some cases of cloth- ing that I am unable to recollect specifically, and the other, in charge of a Chino called Andres, 125 fardos of tobacco, 34 picos of hemp, and also some cases of clothing, 40 carabaos, 18 horses, 12 sheep, and 60 head of cattle. Q. How is it that you are able to state definitely the quantity of tobacco and hemp that was in those storehouses and can not recollect the other articles such as boxes of clothing, etc.? — A. For the reason that I paid special attention to the tobacco and hemp for which we are paying out money and which was the most valuable part of the business. Q. What was the value of the hemp and tobacco in those storehouses? — A. The hemp was worth 10 pesos a pico at that time. I can not state exactly the value of the tobacco per fardo because the fardos were of different prices according to their size and class. We classified them as first, second, and third class quality, but I can state that we paid more than 3,000 pesos for the tobacco stored there. Q. Are you positive that all of that tobacco and hemp was in those storehouses when they were burned? — A. Yes, sir. Q. WTien had you last seen them there? — A. In the month of April when I left for Barugo. Q. Did you leave those storehouses well closed or in charge of some one when you left in April? — A. They were locked up, but nobody had charge of them. Q. Having all of these carabaos and horses, why did you not take these valuable stores with you to Barugo? — A. It was impossible at that time, because there was a fight between Americans and insurrectos nearby. I feared for my life and made my escape as quickly as possible. Q. Did I understand your husband to testify this morning that when you left, your mother remained in your dwelling house in Alang Alang? — A. Yes, sir. Q. If you feared for your life, why did she remain? — A. She was sick on that day and it was impossible for her to leave, but she did leave afterwards, as soon as she could. Q. Please state as definitely as you can what articles of furniture you left in your house upon your departure. — A. Wardrobes, 1 set of Vienna chairs and bejuco chairs, 2 large dining tables, 10 narra chairs, 1 large marble-top table, 2 marble-top tables, 1 marble-top washstand, 2 chiffoniers with large mirrors, 9 trunks with clothing, and some other effects. I can not state the prices of these articles, because my husband bought them and paid for them. We also had 2 beds, 2 lamps, and 4 clocks. Q. All of these things were destroyed when your residence was burned? — ^A. Yes, sir. 24 OLiAIM OF FRANCISCO ASTOBGA. Julian Lego, being first duly sworn, testified as follows: Q. What is your age and where do you live? — A. Fifty years of age, and I^live in Alang Alang, Leyte. IWlp^s*-* Q. Where were you living in May, 1900? — A. I was living in Jaro, Island of Leyte. Q. What office you held at that time? — A. 1 was presidente of the town. Q. What American soldiers, if any, were stationed in Jaro in May, 1900? — A, A detachment of the Forty-third Infantry, U. S. Volunteers. Q. Under whose command w^ere this detachment? — A. Under Lieutenant Estes. Lieutenant Estes, whose station was at Karigara, visited Jaro for the purpose of inspect- ing the detachment from time to time. A sergeant was in charge of the detachment, I do not know his name, but we called him "Bulauan'' because he had gold in his teeth. Q. Do you know who burned the town of Alang Alang on the 17th of May, 1900? If so, state who it was. — A. Soldiers belonging to the detachment of Jaro under the command of a sergeant. Q. How do you know that they did this biu-ning? — A. Because the soldiers them- selves said so upon their return to Jaro. Q. Was any American officer in Jaro at the time the detachment left for Alang Alang? — A. No officer was present in Jaro at that time. but Lieutenant Estes came later in the day. Q. ANHiere w^ere Seiior Francisco Astorga living at the time when Alang Alang was burned? — A. He was in Jaro, but had his family in Barugo. Damaso Villamor, having been first duly sworn, testified as follows: Q. How old are you and where do you live? — A. I am 40 years of age and I live in Jaro. Q. ^Miere were you living in May, 1900? — A . In Jaro. Q. What American soldiers, if any, w^ere stationed in Jaro in the month of May, 1900? — A. A detachment of American Volunteers. Q. Under whose command was this detachment? — A. Under Lieutenant Estes. Q. Did Lieutenant Estes live in Jaro? — A. No, sir; he was stationed at Karigara, but he visited Jaro frequently for the purpose of inspecting the detachment. A ser- geant was in charge of the detachment. I do not know" his name, but the people called him "Bulauan," because he had gold in his teeth. Q. Do you know who burned the towni of Alang Alang? — A. Soldiers belonging to the detachment of Jaro under the command of this sergeant. Q. How do you know that they did this burning? — A. Because some of the soldiers told me that, and they said further that they have burned it because there were insurrectos there. Q. Was any officer in Jaro at the time the detachment left for Alang Alang? — A. No, sir: the officer arrived that day later on. Q. Where was Senor Francisco Astorga living when Alang Alang was burned? — A. He was in Jaro, but had his family in Barugo. Q. Do you know what was the value of the tobacco per "mano" in May, 1900? — A. I do not know. Q. Do you know the general value of horses, carabaos, cows, and sheep at that time? — A. No, sir; I do not know. Aniceto Zabala, being first duly sworn, testified as follows: Q. How old are you and where do you live? — A. Thirty-six years and I live in Jaro. Q. Where were you living in May, 1900? — A. I was living in Jaro. Q. What office did you hold at that time? — A. I was "Cabeza de Barangay." Q. What American soldiers were there in May. 1900?— A. American volunteers. Q. Who was in c-ommand of these American volunteers? — A. A sergeant. Q. Do you know who burned the towm of Alang Alang? — A. The American troops, because they said themselves that there were insurrectos in Alang Alang. Q. Was any officer in Jaro when Alang Alang was burned? — A. No. sir: but later on that same day Lieut(Miant Estes arrived from Karigara. Q. Where was Senor Francisco Astorga living when Alang Alang was burned? — A. He was in Jaro, but had his family in Barugo. Q. Do you know the vahu' of tobacco at that time? — A. Yes. sir: the first class was worth 3 pesos a "mano;" other lower clast'cs were cheaper. Q. What was the value of hemp per pico? — A. I do not know. Q. What was the value of horses, carabaos, cows, and sheep at that time? — A. I do not know; I never had any myself. CLAIM OF FRANOISt!0 ASTORGA. 25 Lupo Zabala, being first duly sworn, testified as follows: Q. How old are you? — A. 67 years. Q. Where do you reside? — ^A. I live in Tacloban. Q. Do you know the house formerly owned by Senor Astorga in the town of Alang Alang which was destroyed by fire in May, 1900? — A. I know the house very well; I built it myself. ' Q. Who paid you and the carpenters for the work of constructing the house? — A. Senor Astorga did. Q. How much did he pay you and the carpenters for that work? — A. He paid me 1 peso per day, and some of the laborers had 75 cents a day and some others 50 and 25 cents. The total amount paid for the erection of the house was about 1,500 pesos. Q. When completed what would you say was the value of that house? — A. That was a very fine house and could not have been built for less than 2,500 pesos. Q, Would it cost as much or more at the present time to build such a house as that? — A. To build^such a house now would cost 3,500 pesos, because the price of all materials are dearer now than it was then. Perfecta Lobo, being first duly sworn, testified as follows: Q. What is your age? — A. Sixty-two years. Q, ^\Tiere do you live? — A. In Alang Alang. Q. What relation are you to Senor Astorga? — A. Mother-in-law. Q. Where were you on the 17th of May, 1900? — A. I was in Barugo where I went in the month of April from the house of Seiior Astorga in Alang Alang. I left Alang Alang for fear of the insurrectos. Q. When you left the house of Senor Astorga and went to Barugo was the furniture and household property of Senor Astorga left in the house, or was it taken to the hacienda or to any other place? — A. They were not removed. All was left in the house. Q. State, if you know, what became of the house and furniture. — A. All was burned. Headquarters Department of the Visayas, Office of the Judge- Advocate, Iloilo, Panay, P. L, April 25, 1905. The Military Secretary, Departmerd of the Visayas, Iloilo, Panay, P. I. Sir: I have the honor to report that, in pursuance of paragraph 2, Special Orders, No. 55, current series, these headquarters, I proceeded on the 3d instant to Alang Alang, in the Island of Leyte, for the purpose of investigating the claim of Senor Francisco Astorga to reimbursement for certain property alleged to have been de- stroyed or lost in consequence of the burning of the town of Alang Alang on May 17, 1900, by a detachment of United States Volunteers. In this connection, the letter of the Quartermaster-General, U. S. Army, dated December 14, 1904, was read and explained to Senor Astorga, who thereupon executed the paper hereto appended, marked "A," whereby he agreed to accept in full settle- ment of his claim the value of his losses, as ascertained by the surveying officer. All available witnesses were then examined under oath, and their testimony is hereto appended, marked "B." In conducting this investigation, careful and par- ticular attention was given to the points emphasized in the letter of the Quartermaster- General. It is established by the records on file at these headquarters, and the testimony of the witnesses, that on the 17th of May, 1900, the town of Jaro, which is about 5 miles distant from Alang Alang, was garrisoned by a detachment of the Forty-third Regi- ment, United States Volunteers, in charge of a sergeant, and that the town of Alang Alang was not garrisoned by American troops. There was no officer stationed at Jaro, but the detachment was inspected from time to time by Lieut. Charles E. Estes, Forty-third U. S. Volunteers. It is further established by the evidence, that the town of Alang Alang, including Seiior Astorga's property, was burned by this detachment of the Forty-third Volun- teers, and that the detachment was in charge of the said sergeant at that time. The burning of this town and the destruction of the property of Seiior Astorga, then as now, a faithful adherent of the United States, appears to have been the wanton act of an irresponsible detachment of enlisted men, equally unjustifiable and unwar- rantable. H. Doc. 715, 60-1—80 3 26 CliAIM OF FEANOISCO ASTOEGA. The most careful inquiry was made as to the value of the claimant's property, and, in arriving at his conclusion in this respect, the surveying officer has been governed by the lowest market price of the several items during the month of May, 1900, and a deduction of about 50 per cent has been made for wear and tear incident to the use of household furniture. The values of lumber, hemp, tobacco, cattle, and carabao are far greater now than in the spring of 1900, and the same property now would be worth at least twice its value at that time. I therefore find : First. That the detachment which did the burning was commanded by a sergeant whose name is not ascertainable here. Second. There was neither reason nor cause for burning the town. Third. No steps were taken to protect the property of Francisco Astorga, because the burning was the act of an irresponsible party of enlisted men of the Forty-third Regiment, U. S. Volunteers, whose desire was to destroy and not to protect property regardless of its ownership. Fourth. I find the value of the property lost and destroyed, in detail, to be as follows: ] J^frame dwelling house $1, 200 2^warehouse8 500 40 carabao, at $10 per head 400 2 cane-bottom sofas, at $2.50 $5 2 dining tables 10 1 writing desk 5 60 head cattle, at $10 per head. . . 600 I 2 dozen bojuco chairs 7 12 head sheep, at $1.50 per head. 18 | 2 washstands 15 18 horses, at $7.50 per head 135 Lamps, clocks pictures, etc 20 2 wardrobes, at $20 40 80 picos hemp, at $5 400 2 sets Vienna chairs, at $15 30 212 fordos tobacco 1, 500 1 chiffonier 15 2 marble-top tables, at $10. ..... . 20 T.otal 4, 935 1 marble-top table 15 | Very respectfully, Clarence S. Nettles, Captain and Acting Judge- Advocate, U. S. Army, Surveying Officer. Alang Alang, Leyte, P. I., April 4, 1905. The Quartermaster-General, U. S. Army, Washington, D. C. Sir: The contents of your communication dated December 14, 1904, and addressed to the chief quartermaster, Philippine Division, Manila, P. I., having been commu- nicated to me by Capt. Clarence S. Nettles, acting judge-advocate, U. S. Army, judge-advocate, and survey officer. Department of the Viscayas, I hereby consent and agree to accept in full settlement of my claim against the United States for property destroyed by American troops in May, 1900, the value of such losses as ascertained by said Captain Nettles, Judge- Advocate, and survey officer. Very respectfully, Frank Astorga. o J LIBRARY OF CONGRESS 027 531 587 4 I