ADAMS TO STOREY, AUGUST 22, 1902

APPENDIX C

BOSTON, August 22, 1902.

Messrs. MOORFIELD STOREY and JULIAN CODMAN,
Counsel, etc., Boston, Mass.

GENTLEMEN: On behalf of the committee appointed in New York, in May last, for the purpose of "taking whatever steps might be necessary to effect a full disclosure of facts connected with processes and executions in the course of military operations in the Philippine Islands," I am instructed to submit to your professional consideration the following case, with a view to our being advised whether any legal proceedings, criminal or otherwise, can be initiated, to visit with the proper penalties the parties implicated, should such be found guilty of the acts alleged. As the facts set forth are supported by ex parte affidavits only, herewith submitted, and so call for verification, no names are at present given.

During the last half of the year 1900—that is, less than two years ago at this time—a certain company of a regiment of U. S. Volunteers was stationed at Banate, a small Philippine coast town not far from Iloilo, in the island of Panay. It was the only military force in the place at that time, and the post, a so-called independent one, was commanded by the captain of the company.

On or about the first week in December, 1900, the company in question then having been stationed at Banate over six months, a United States gunboat arrived from Iloilo having on board a prisoner, who was delivered, presumably for safe-keeping, to the officer commanding the post. The man thus delivered was a Filipino, apparently of about 40 years of age, and familiar with the Spanish tongue. It was afterwards understood among the soldiers of the post that he was a priest of the Roman Catholic faith, called "Father Augustine." At the time of his arrival at Banate, and delivery to the officer in command, "Father Augustine" was dressed, or rather disguised, in the uniform of a noncommissioned officer of the U. S. Artillery. His gown and cassock were subsequently carried up from the gunboat to the place of his delivery by an enlisted man. "Father Augustine" was confined, not with the other prisoners, but alone, in a small room under the officers' quarters. He remained there imprisoned over a week, during which he was supplied with an insufficient allowance of food. To such an extent was this the case that the sympathies of a soldier placed on guard over him were enlisted, and by him the priest was secretly furnished with sufficient to sustain life; this, the order of the commanding officer to the contrary notwithstanding.

On the 8th day of December, 1900, "Father Augustine" was subjected to the form of torture known as the "water cure." The purpose in view in thus dealing with him was not communicated to the soldiers at the post; but, from information gathered by certain of them, it was believed to be with the intent of forcing information from him in regard to the whereabouts of a sum of money, either in the possession of the prisoner or secreted in some place known to him. On the afternoon of the

98 COURTS-MARTIAL IN THE PHILIPPINE ISLANDS.

following day "Father Augustine" was again "put to the question." On both these occasions the torture was applied by a sergeant and private of the company, in the presence of the commanding officer of the post, and under his direction, the surgeon of the the post also being present. On the night of the 9th, the prisoner was removed to another house a short distance from his previous place of confinement, formerly occupied by the presidente of the town, where he was, for a third time, tortured. The enlisted man who had been a witness of the previous tortures was not a witness of the third infliction, he having asked to be excused on the ground that if the torture was again administered it would result in death. Accordingly, another enlisted man was substituted for him.

During the night following the third application the prisoner died. He was then at once buried—a Roman Catholic priest in unconsecrated ground—by a party of native prisoners detailed for the work.

The names of all the parties concerned in these proceedings are known, and can be, if necessary, given. Five of those personally cognizant of the facts, in whole or part, have been examined, and their statements are herewith submitted. The names, addresses, and present location of other witnesses, as of the parties implicated, will be furnished if required.

The place at which the events above set forth occurred was subject to the control, and so within the jurisdiction, of the United States, but at the time under martial law. There is reason to believe, although this committee has no positive information or legal evidence to that effect, that the facts above stated came, to a greater or less degree, and at or about the time of their occurrence, within the knowledge of United States, officers high in military command. The officer in immediate charge of the post has since been mustered out of the military service of the United States, and is no longer in the Philippine Islands, but is, or recently was, within the jurisdiction of the United States.

Upon the above facts I am instructed to ask your professional opinion whether it would possible for us, as a committee, to initiate legal proceedings of any character—civil, criminal, or military—calculated to further the ends of justice.

I remain, etc.,

CHARLES FRANCIS ADAMS, Chairman.