CROSS, OCTOBER 13, 1902
APPENDIX H
Albert Cross, late of Company D, Twenty-sixth Volunteer Infantry, having first been duly sworn to testify the truth, the whole truth, and nothing but the truth as to the matter respecting which he was to be examined, did testify as follows:
Q. Please state your name, age, and present address.-A. Albert Cross, 208 Colchester avenue, Burlington; 25 years of age January 19 coming.
Q. Were you a member of Company D, Twenty-sixth Volunteer Infantry?-A. I was.
Q. When were you enlisted and when discharged?-A. Enlisted September 21, 1899, I believe, and discharged May 13, 1901.
Q. What character was given you on your discharge?-A. Excellent.
Q. Were you stationed at Banate, in the Philippine Islands?-A. I was.
Q. When and for how long?-A. Up to within a day or two, I believe, of a year.
Q. Who commanded the post at Banate while you were there?-A. Captain Brownell.
Q. While in the Philippines did you ever see the water cure administered?-A. I can not remember all of the occasions. I seen it given at Anileo [Anilao].
Q. To whom?-A. A native.
Q. By whose order, whose direction?-A. I think it was Captain Brownell, who was there; I would not say for sure. I do not remember whether Lieutenant Conger was there or not, but he was on that expedition with us.
Q. For what purpose was it given?-A. I think to find out where there were rifles. This native, I believe, said he knew where there were some rifles, and they gave him the cure to find out where they were.
Q. Was he injured by it?-A. I do not know. I paid no particular attention to it.
Q. About what time was this?-A. I could not tell you.
Q. What day of the year was this?-A. I can not remember.
Q. When was the next one?-A. I think it was down at Demangas Swamps [Dumangas Swamps].
Q. Who ordered it?-A. I could not tell you whether it was Brownell's orders or not. I don't know.
Q. When was the next time you saw it?-A. The next time I guess was at Banate.
Q. State the circumstances. Who was it administered to at Banate?-A. I can not tell you who it was given to. It was a native.
Q. You saw it given to a native there?-A. Yes.
Q. The native was a prisoner, was he?-A. He was.
Q. Did you see it given to Father Augustin Pena?-A. I could not say who he is. I never heard that name before. I received a letter from a man and he told me that this priest's name was different than that I just heard.
Q. Was there a prisoner there at Banate at this time who was known to be a priest or supposed to be a priest?-A. There was.
Q. Was he given the water cure?-A. He was.
Q. Did you assist in giving it to him? How many times?-A. Twice.
Q. Under whose direction?-A. I was ordered over there by Captain Brownell. A man told me to go over and report to headquarters-captain's orders.
Q. You said that you assisted in it?-A. I did.
Q. Describe how it was done?-A. He was tied to a ladder and given the cure.
Q. For what purpose?-A. I understand he had been a sympathizer with the insurgent cause there, and was supposed to be secretary for the insurgents and induced them to stay out in the hills and throw it into us every chance they got, and so on.
Q. He was a sympathizer with the insurgents?-A. Yes, sir.
Q. That is all the reason you know?-A. Yes; all I know.
Q. Just describe this-he was tied, you say. And what did you do; did you tie him to the ladder?-A. I assisted to.
Q And who put the water into him?-A. The water was set on a chair over his head.
Q. And how was it done?-A. It ran from a hole in the can into his face.
Q. Was his mouth open?-A. Yes.
Q. Did one of the men open his mouth?-A. Yes.
Q. Did you pour it into him?-A. No; I got the water and set it down on a chair.
Q. Who put it into him?-A. It was not necessary to put it in. He was tied down.
Q. How did he act under it?-A. He acted the same as any other man. He would not talk until he got so much. The first time he got it he would not talk, and the second time he admitted that he was a sympathizer with the insurgents.
Q. Did he sign any paper?-A. I could not say, though I saw him writing. I could not tell who got paper. I think I saw Captain Brownell bring paper, pen, and ink.
Q. Who superintended it? Was Captain Brownell there?-A. Captain Brownell was there, and Dr. Woods. There was another captain there, I think of F Company.
Q. How long did they administer it to him?-A. Half an hour, perhaps.
Q. This is the first time you are talking about?-A. This is the first time.
Q. What time of the day was this?-A. If I remember right, it was in the afternoon. I am not sure.
Q. What time of the year?-A. I think it was in the latter part of 1900.
Q. When was the second time you saw it administered? You say you saw it administered a second time?-A. Well, the second time was the same as before, only they brought him in and gave him a little that time, and let him go again.
Q. Did he sign the paper the first time?-A. I could not tell you.
Q. Did he sign the paper a second time?-A. I could not tell you that.
Q. What was his condition when they let him go?-A. He was not in good condition. He appeared to be weak.
Q. This second time you were directed to report for this duty by whom?-A. By Captain Brownell, through Sergeant Campbell or Private Baker.
Q. Now, was you there the third time?-A. I was not. I was ordered to go to report to headquarters.
Q. Did you report?-A. I did not.
Q. Why not?-A. Because I imagined what is was for. I asked to be excused.
Q. Who did you ask?-A. Sergeant Campbell delivered the order, and I asked him to tell Captain Brownell that I wished to be excused.
Q. Why did you want to be excused?-A. Because I did not want to go again.
Q. Why didn't you want to go again?-A. Because I knew it was not right in one respect.
Q. Did you tell the sergeant if it was given again it would kill the priest?-A. I told him that afternoon if they kept on it would kill this fellow.
Q. Did Captain Brownell hear that remark?-A. I could not say whether he did or not.
Q. Did the doctor hear it?- A. I could not say.
Q. Did you see this prisoner when he first came to the camp?-A. I did.
Q. Where did you first see him?-A. I seen him on the beach when he first came off the gunboat.
Q. How was he dressed?-A. A sergeant of artillery uniform.
Q. Did you come up with him to the guardhouse-to the place where he was confined?-A. I did not. I stayed out on the beach.
Q. Did you carry any of his baggage up?-A. I did. I carried a robe-a priest robe, such as they have over there-and one of the friar's hats.
Q. How do you know it belonged to this prisoner?-A. I don't know; only what I heard.
Q. Where did you leave it?-A. Left it at headquarters.
Q. In his cell?-A. No.
Q. After that afternoon that you saw the water cure given last, do you know if they took this priest out of his cell and took him down to a house?-A. I understand so.
Q. Have you any idea what became of him after they took him down there?-A. No, sir.
Q. Did you hear anything about digging the ground up there?-A. I seen the detail when they came there. I was in a house right near the parade ground, and there was a detail came over and stopped there.
Q. Did they dig there?-A. I could not say. I heard them talking there.
Q. Did you hear them say anything?-A. No, sir.
Q. How long before this had you seen this priest?-A. I seen him that night.
Q. Did you see him after that?-A. Never.
Q. What do you think they were digging there for?-A. I imagined, according to what I heard, that he died while under the influence of the cure.
Q. Did you hear that?-A. I heard that the priest had died.
Q. Who did you hear that from?-A. From the men. That was the rumor around the quarters.
Q. Did you hear it from any of them who took him down there?-A. Not while they were there. I could not say for sure.
Q. I mean afterwards.-A. I could not say for sure.
Q. What men took him down to this house? Give me the names.-A. I could not tell you what men took him down. I seen the men three or four hours before they lugged him out.
Q. They lugged him?-A. No; he walked over.
Q. What made you think it would kill him if they kept it up?-A. Because he acted that way. He told me that if they gave it to him again he would die.
Q. Through the interpreter?-A. Well, through the interpreter and what I could understand myself.
Q. He talked Spanish?-A. He did.
Q. He told you that if they gave it to him again it would kill him?-A. Yes, sir.
Q. And you asked to be excused the third time because you believed it would?- A. I believed it would. In one respect I thought it would not be right.
Q. About how old a man was he?-A. About 40 or 45 years of age.
Q. Did he look like a dissipated man?-A. No.
Q. Did you ever see him saying his prayers?-A. Yes; I did.
Q. Did you ever go and look at the place on the parade ground where you said the men stopped?-A. I never paid any attention to it whatever.
Q. Have you any idea of where that priest's grave is?-A. No, sir; except from hearsay, that is all.
Q. Did you hear the men digging?-A. I seen them when they came out with this detail. I was in a house right within a hundred feet of where they were. They came out there and I heard them talking. I stayed about the house and seen them drop their shovels, and paid no attention to them, whatever.
Q. What did you think at the time?-A. I thought perhaps they killed him-that he died and that they were going to bury him.
Q. Have you had any reason since to think differently?-A. No, sir.
Q. Have you ever had any words or difficulty with Captain Brownell?-A. Never.
Q. Did you think he died while under the influence of the water cure?-A. They took him down there, and I think if they did give it to him that he did die under the influence of it.
Q. But you never saw the father after they took him to that house?-A. I never did.
Q. You never heard of his being alive after that?-A. No.
Q. Do you know of anything relating to this examination that you have not testified to? Do you remember anything?-A. I guess you have got all I know about this case.
Q. Are there no other cases?-A. No.
Q. I want to know if there are any.-A. No; I think not.
Q. Were you raised as a Roman Catholic?-A. Yes, sir. I want to say that if the man died while under the influence of the water cure, that I do not think it was any worse for him being a priest than it would be for any other man, but as near as I could get at it, I understood that he was a sympathizer with the insurgents, and preferred much rather to see him dead.
Albert L. Cross.
Subscribed and sworn to before me this 13th day of October, 1902, at Burlington, Vt.
E. Hunter,
Judge-Advocate, U. S. Army.