ENNIS TO HUNTER, OCTOBER 4, 1902
A.
War Department, Adjutant-General's Office,
Washington, October 4, 1902.
Col. Edward Hunter,
Judge-Advocate, Department of the East,
Governor's Island, New York.
Sir: It has been represented to the Department that in the early part of December, 1900, a certain Father Augustine de la Pena, a parish priest of Dumangas, a town on the island of Panay, P. I., was transported as a prisoner from Iloilo to Banate on a gunboat belonging to the Navy. On his arrival at Banate, which was garrisoned by Company D, Twenty-sixth Regiment Volunteer Infantry, he was placed in the custody of Capt. Cornelius M. Brownell, Twenty-sixth Infantry, the post and company commander. Subsequently to his arrival at Banate it is alleged that the form of punishment known as the "water cure" was administered to Father Augustine upon several occasions by enlisted men of Company D, acting under the orders and supervision of the commissioned officers of the company. As a consequence of such administration, Father Augustine died and was buried on the parade ground by a detachment of enlisted men.
While the incident above outlined is to be considered the specific subject of investigation, your inquiry is not to be restricted to that occurrence, but will extend to any acts or transactions of a similar character which may be developed during the progress of your examination.
Captain Brownell, since his muster-out of the volunteer service, has resided in Burlington, Vt., and can easily be found. As he has had no opportunity to reply to the allegations against him, it is desirable that his statement should be taken at the outset of the investigation. Should Captain Brownell, or any of the officers or enlisted men who served with him on the Island of Panay, desire to submit written statements in respect to, or in explanation of, their acts while on duty at Banate, they will be permitted to do so, and such statements will be attached to, and form a part of, your report.
With a view to assist in the prosecution of your inquiry, copies of the affidavits of a number of residents of Burlington, Vt., who were members of Company D, Twenty-sixth Infantry, are inclosed, together with a muster-in roll of that company, showing the places of residence of its members and a list of addresses of relatives and friends who could be communicated with should it become necessary to do so during their period of service in the Philippine Islands.
The Secretary of War desires that the foregoing allegations be fully and completely investigated, and that, upon the conclusion of your investigation, its results be fully reported to the Judge-Advocate-General of the Army. It is also desirable that, as far as possible, the inquiry should be confidentially conducted. As the examination may disclose the necessity of a resort to criminal proceedings, it is desirable that the names and addresses of the witnesses, with a summary of their testimony, should be embodied in your report.
Very respectfully,
William Ennis,
Lieutenant-Colonel Artillery Corps, Assistant Adjutant-General.
A true copy.
E. Hunter,
Judge-Advocate, U. S. Army.