AGUSTIN JILOCA TRIAL
1356 AFFAIRS IN THE PHILIPPINE ISLANDS.
HEADQUARTERS DIVISION OF THE PHILIPPINES,
Manila, P. I, June 5, 1901.
General Orders, No. 112.
Before a military commission which convened at Iloilo, island of Panay, P. I., pursuant to paragraph 2, Special Orders, No. 2, Headquarters Department of the Visayas, January 3, 1901, and of which Lieut. Col. Charles J. Crane, 38th Infantry, U. S. Volunteers, was president, and Capt. Edwin F. Glenn, 25th U. S. Infantry, was judge-advocate, was arraigned and tried
I. Julian Confesor, a native.
II. Agustin Jiloca, native.
CHARGE I.-"Being a war traitor."
Specification 1.-"In that, on or about the 1st day of August, 1900, and at divers times and days since said date, then, as now, a time of insurrection, one Agustin Jiloca, a native, being then and there on said days and dates presidente of, and residing in the pueblo of Cabatuan, island of Panay, P. I., then, as now, a place occupied by the military forces and under the military government of the United States, did, without the consent of the military government of the United States or any military commander thereof, hold intercourse with the enemy, in this, that he, the said Agustin Jiloca, native, did, then and there, receive from and send letters to and hold secret conferences with the leaders of the insurgents. This at the times and places mentioned."
Specification 2.-"In that, on or about the 1st day of August, 1900, and at divers times and days since said date, then, as now, a time of insurrection, one Agustin Jiloca, native, he, the said Agustin Jiloca being then and there presidente of, and
AFFAIRS IN THE PHILIPPINE ISLANDS. 1359
residing in pueblo of Cabatuan, island of Panay, P. I., then, as now, a place occupied by the military forces and under the military government of the United States, did, without authority of the military government of the United States, or any military commander thereof, hold intercourse with the enemy, in this, that he, the said Agustin Jiloca, native, did then and there at the times mentioned, deliver and cause to be delivered to the leaders of the insurgents, certain money, food, and clothing, for the use of insurgent forces then and there engaged in insurrection against the lawfully constituted authority of the United States. This at the times and place mentioned."
CHARGE II.-"Aiding and abetting the enemy."
Specification 1.-"In that, on or about the 1st day of August, 1900, one Agustin Jiloca, a native, was, and since has been, then, as now, a time of insurrection, a member and adjutant of the Katipunan of the pueblo of Cabatuan, island of Panay, P. I., a society organized and instituted for the purpose of aiding, assisting, and supporting insurgent forces then and there in rebellion against the lawfully constituted authority of the United States, by then and there contributing money, food, and clothing for said insurgent forces, and said Agustin Jiloca, being then and there and at all times mentioned herein above presidente of, and residing in the aforesaid pueblo of Cabatuan, island of Panay, P. I., then, since, and now a place occupied by the military forces and under the military government of the United States. This at the times and place mentioned."
Specification 2.-"In that, on or about the 1st day of August, 1900, and at divers times and days since said date, then, as now, a time of insurrection, one Agustin Jiloca, native, he, the said Agustin Jiloca, native, being then and there presidente of, and residing in the pueblo of Cabatuan, island of Panay, P. I., a place then, as now, occupied by the military forces and under the military government of the United States, did, then and there, in violation of his duties as such presidente, give and render aid and comfort to the enemy, in this, that he, the said Agustin Jiloca, did, then and there, solicit and collect large sums of money and large quantities of rice and clothing from the residents of the aforesaid pueblo of Cabatuan and its adjacent barrios; and did, afterwards, on or about the days and dates above mentioned, deliver and cause to be delivered to the insurgent forces, then and there engaged in open rebellion against the lawfully constituted authority of the United States, the aforesaid money, rice, and clothing. This at the times and place mentioned."
CHARGE III.-"Violation of the laws of war."
Specification 1.-"In that, Agustin Jiloca, native, having on or about the 3d day of December, 1900, then, ever since, and now, a time of insurrection voluntarily taken and subscribed to the oath of allegiance to the United States in the words and figure substantially as follows, to wit:
"'Juramento de fidelidad.
"'CIUDAD DE CABATUAN, ISLA DE PANAY.
"'Yo, Agustin Jiloca, por la presente renuncio a toda submision a cualquiera de y a todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en todo tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas islas y no mantendre relaciones directa ni indirectamente con, ni facilitare noticias a, ningun enemigo de los Estados Unidos, ni prestare apoyo, ayuda o proteccion a semejante enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntad, sin reservas mentales de ningun genero ni proposito de evadirla, y asi Dios me ayude.
"'AGUSTIN JILOCA.
"'Firmado y jurado ante mi, hoy dia, 3 de diciembre, 1900.
"'HOMER B. GRANT.
"'Second lieutenant, 26th Infantry, U. S. Volunteers.
"'Testigo:
"'A. A. BARKER,
"'Captain, 26th Infantry, U. S. Volunteers.
"'CICERO CURAND.
"'En Duplicado.'
"did violate said oath allegiance by afterwards, to wit: On about the 6th day of December, 1900, and on divers other days and dates since said date, hold intercourse with the enemy, by then and there holding secret conferences with the leaders of the
S. Doc. 331, pt 2-33
1360 AFFAIRS IN THE PHILIPPINE ISLANDS.
the insurgent forces, an organization engaged in insurrection against the lawfully constituted authority of the United States, he, the said Agustin Jiloca, native, being then and there presidente of and residing in the pueblo of Cabatuan, island of Panay, P. I., a place then, ever since, and now occupied by the military forces and under the military government of the United States. This at the times and place above mentioned."
Specification 2.-"In that, Agustin Jiloca, native, having on or about the 3d day of December, 1900, then, as now, a time of insurrection, taken and subscribed to the oath of allegiance to the United States, in words and figures substantially as follows, to wit:
"'Juramento de fidelidad.
"'CIUDAD DE CABATUAN, ISLA DE PANAY.
"'Yo, Agustin Jiloca, for la presente renuncio a toda sumision a cualquiera de y a todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en todo tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas islas y no mantendre relaciones directa ni indirectamente con, ni facilitare noticias a, ningun enemigo de los Estados Unidos, ni prestare apoyo, ayuda o proteccion a semejante enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntad, sin reservas mentales de ningun genero ni proposito de evadirla, y asi Dios me ayude.
"'AGUSTIN JILOCA.
"'Firmado y jurado ante mi, hoy dia 3 de diciembre, 1900.
HOMER B. GRANT,
"'Second Lieutenant, 26th Infantry, U. S. Volunteers.
"'A. A. BARKER,
"Captain 26th Infantry, U. S. Volunteers.
"'CICERO CURAND.'
"did violate said oath of allegiance by afterwards, to wit, on or about the 6th day of December, 1900, and at divers other times since said date, by then and there collecting large sums of money from the inhabitants of the pueblo of Cabatuan, island of Panay, P. I., and did thereafter, on or about the days mentioned above, deliver and cause to be delivered said sums of money so collected as aforesaid to the leaders of the insurgents, he the said Agustin Jiloca, native, then and there well knowing said leaders of the insurgents to be engaged in insurrection against the lawfully constituted authority of the United States, and he, the said Agustin Jiloca, native, being then and there presidente of and residing in the pueblo of Cabatuan, island of Panay, P. I., a place then, since, and now occupied by the military forces and under the military government of the United States. This at the times and place mentioned."
CHARGE IV.-" Arson."
Specification.-"In that, on or about the 14th day of December, 1900, then, as now, a time of insurrection, at or near the Pueblo of Cabatuan, Island of Panay, P. I., a place then, as now, a part of the territory and under the military government of the United States, one Agustin Jiloca, native, then and there filling and occupying the position of presidente of the said Pueblo of Cabatuan, did willfully, feloniously and maliciously order, direct and cause to be burned in the nighttime one hundred (100) dwelling houses, more or less, in the said Pueblo of Cabatuan, Island of Panay, P. I."
CHARGE V.-"Murder."
Specification.-"In that, on or about the 19th day of July, 1900, then, as now, a time of insurrection, at or near the Pueblo of Cabatuan, Island of Panay, P. I., a place then, as now, a part of the territory and under the military government of the United States, one Agustin Jiloca, native, having been duly informed that Eladio Jilarios and Placido Hebia, natives, and each of them, had feloniously, willfully and with malice aforethought, murdered and killed one George O. Hill, Private, Company H, 18th U. S. Infantry, with bolos held in the hands of the said Eladio Jilarios and Placido Hebia, natives, and each of them, did harbor, receive, maintain and protect the said Eladio Jilarios and Placido Hebia, natives, and each of them, and did direct and cause the knowledge of said murder to be suppressed and withheld from the lawfully constituted authorities, well knowing that the said Eladio Jilarios and Placido Hebia, and each of them, had feloniously murdered and killed said George O. Hill, Private, Company H, 18th U. S. Infantry, in manner and form as aforesaid."
CHARGE VI.-"Being a war rebel."
Specification.-"In that, on or about the 3d day of December, 1900, then, as now, a time of insurrection, at or near the Pueblo of Cabatuan, Island of Panay, P. I, a
AFFAIRS IN THE PHILIPPINE ISLANDS. 1361
place then, as now, a part of the territory and under the military government of the United States, one Agustin Jiloca, a native, and presidente of said Pueblo of Cabatuan, having freely and voluntarily taken and subscribed to an oath of allegiance to the United States, in words and figures substantially as follows, to-wit:
"'Juramento de Fidelidad.
"'Ciudad de Cabatuan, ISLA DE PANAY.
"'Yo, Agustin Jiloca, por la presente renuncio a toda sumision a cualquiera de y a todos titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en todo tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas islas y no mantendre relaciones directa ni indirectamente con, ni facilitare noticias a ningun enemigo de los Estados Unidos ni prestare apoyo, ayuda o proteccion a semejante enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntad, sin reservas mentales de ningun genero, ni proposito de evadirla, y asi Dios me ayude.
"'AGUSTIN JILOCA.
"'Firmado y jurado ante mi, hoy 3 de Diciembre, 1900.
"'HOMER B. GRANT.
"'Second Lieutenant, 26th Infantry, U. S, Volunteers.
"'Testigo.'
did thereafter, to-wit: on or about the 14th day of December, 1900, while still presidente of and resident in said Pueblo of Cabatuan, then, as now, occupied by the military forces of the United States, conspire with certain other members of a society known as the Katipunan and officials of the said Pueblo of Cabatuan, and with certain persons in open insurrection against the United States, to rise up in arms against the authorities of the United States, and to then and there, and in conjunction with the police force of the said Pueblo of Cabatuan, and with said forces in insurrection against the United States, to surround and capture the garrison of American soldiers then and there stationed."
PLEA.-"Not guilty."
FINDING.-
Of the first specification, first charge, "guilty,"
of the second specification, first charge, "guilty;"
of the first charge, "guilty,"
of the first specification, second charge, "guilty;'
of the second specification, second charge, guilty;"
of the second charge, "guilty;"
of the first specification, third charge, "guilty, except the words, 'by then and there holding secret conference with the leaders of the insurgent forces,' and
of the excepted words, not guilty;"
of the second specification, third charge, "guilty, except the words 'said sums of money so collected as aforesaid,' substituting therefor the words 'supplies;'
of the excepted words, not guilty, and
of the substituted words, guilty;"
of the third charge, 'guilty;"
of the specification, fourth charge "guilty;"
of the fourth charge, "guilty;
of the specification, fifth charge, "guilty, except the words 'harbor, receive, maintain, and,' and
of the excepted words, not guilty;
of the fifth charge, "guilty;"
of the specification, sixth charge, "guilty;"
of the sixth charge, "guilty.
SENTENCE.-And the commission does therefore sentence him, Agustin Jiloca, native, "to be hanged by the neck until dead, at such time and place as may be directed by the reviewing authority, two-thirds of the military commission concurring in the death sentence imposed."
In the foregoing case the following are the remarks of the department commander thereon:
"In the foregoing case of Agustin Jiloca, native, it appears that when one of the cabezas of the pueblo reported to him the murder of an American soldier by members of the police force of the town of Cabatuan, of which he was a principale, he took advantage of every means in his power to prevent the information of this crime from reaching the American authorities and to shield the criminals from justice; that thereafter he accepted appointment and was duly installed as presidente of the pueblo of Cabatuan, early in the month of August, 1900; that thereafter he directed the collection of supplies of money, rice, food, etc., for those who were known to be in insurrection against the United States; that he caused the contributions and purchases made therefrom to be sent and delivered to the commanding officer of the troops of insurrection against the lawfully constituted authority of the United States, and that this practice was continued up to the time he voluntarily took the oath of allegiance with the cabezas, officiales, and principales of the pueblo on the 3rd day of December, 1900, and after that time the delivery of rice was certainly continued.
1362 AFFAIRS TN THE PHILIPPINE ISLANDS.
"It appears conclusively that after December 3, 1900, the accused, with a number of other members of the Katipunan society, deliberately planned and assisted in the burning of the pueblo of Cabatuan, which was at that time, and for a long time previous thereto had been, occupied by the American troops; that in addition this same society, on the same date that it agreed to burn the town, also planned, and the accused, in conformity with that plan, directed the members of the police force of the town to cooperate with the insurgents not only in the burning of the town, but also in their endeavor to overcome the American garrison."
The foregoing facts seem to be clearly established, and constitute such a glaring violation of the laws of war that this accused must be presumed to have known of them.
"The proceedings, findings, and sentence are therefore approved."
The sentence is confirmed, and will be duly executed at the pueblo of Cabatuan, Island of Panay, P. I., on the 5th day of July, A. D. 1901, under the direction of the commanding general, Department of the Visayas.
By command of Major-General MacArthur:
THOMAS H. BARRY,
Brigadier-General, U. S. Volunteers, Chief of Staff.
