FLORENTINO LUCINI TRIAL
HEADQUARTERS DIVISION OF THE PHILIPPINES,
Manila, P. I., June 22, 1901.
General Orders, No, 137.
Before a military commission, which convened at Iloilo, Panay, P. I., pursuant to paragraph 3, Special Orders, No. 2, Headquarters Department of the Visayas, January 3, 1901, and of which Lieut. Col. Charles J. Crane, Thirty-eighth Infantry, U. S. Volunteers, was president, and Capt. William G. Fleischhauer, Thirty-eighth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Florentino Lucin, a native.
CHARGE I.---"Being a war traitor."
Specification 1.-"In that on or about the 1st day of August, 1900, and at divers times since that date, then, as now, a time of insurrection, one Florentino Lucin, native, being then and there and on all of said days and dates an inhabitant 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 Florentino Lucin, 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 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 Fiorentino Lucin, native, he, the said Florentino Lucin, being then and there an inhabitant of, and residing in, the pueblo of Cabatuan, island of Panay, P. 1., then, since, and now a place occupied by the military forces and under the military government of the United States, did, without authority of the United States military government or any military commander thereof, hold intercourse with the enemy, in this that he, the said Florentino Lucin, native, did then and there and at the times above mentioned deliver and cause to be delivered to the leaders of the insurgents certain money, food, and clothing for the use of the insurgent forces then and there engaged in insurrection against the duly constituted authority of the United States. This at the times and place mentioned."
Specification 3.-"In that on or about the 1st day of August, 1900, then, since, and now a time of insurrection, one Florentino Lucin, native, was and since has been a
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member, presidente, and treasurer of the Katipunan of the pueblo of Cabatuan, island of Panay, P. 1., a society organized and instituted for the purpose of aiding, assisting, and supporting the insurgent forces in their rebellion against the lawfully constituted authority of the United States, by then and there contributing and collecting money, food, and clothing for said insurgent forces, the said Florentino Lucin, native, being then and there and at all times above mentioned an inhabitant of, and residing in, the pueblo of Cabatuan, island of Panay, P. 1., 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 above mentioned."
CHARGE II.—"Rendering aid and comfort to the enemy."
Specification.-"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 Fiorentino Lucin, native, being then and there an inhabitant of, and residing in, the pueblo of Cabatuan, island of Panay, P. I., a place then and ever since 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 resident, give and render aid and comfort to the enemy in this that he, the said Fiorentino Lucin, native, 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, island of Panay, P. I., and its adjacent barrios, and did afterwards, to wit, on or about the dates mentioned above, deliver and cause to be delivered to the insurgent forces the aforesaid money, rice, and clothing so collected as aforesaid. This at the times and places mentioned."
PLEA.-
To the first specification, first charge, "not guilty."
To the second specification, first charge, "not guilty."
To the third specification, first charge, "not guilty."
To the first charge, "not guilty."
To the specification, second charge, "not guilty."
To the second charge, "not guilty."
ADDITIONAL CHARGE I.-"Violating the oath of allegiance."
Specification 1.-" In that Florentino Lucin, a 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 figures substantially as follows, to wit:
'Juramento de fidelidad.
'Ciudad de Cabatuan, Isla de Panay.
'Yo, Florentino Lucin, por 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.
FLORENTINO LUCIN.
'Firmado y jurado ante mi, hoy, dia 3 de Diciembre, 1900.'
"Did afterwards, to wit, on or about the 14th day of December, 1900, violate said oath of allegiance so taken as aforesaid by then and there holding secret conferences with leaders of the insurgents, he, the said Florentino Lucin, being then and there an inhabitant 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 Places above mentioned."
Specification 2.-"In that Fiorentino Lucin, a 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 words and figures substantially as follows, to wit:
'Juramento de fidelidad.
'Ciudad de Cabatuan, Isla de Panay.
'Yo, Florentino Lucin, por 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 aguel Gobierno; que en todo tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas islas y no
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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.
'FLORENTINO LUCIN.
'Firmado y jurado ante mi, hoy, dia 3 de Diciembre, 1900.'
"Did afterwards, to wit, on or about the 14th day of December, 1900, violate said oath of allegiance so taken as aforesaid by then and there harboring and entertaining leaders of insurgents at his house, he, the said Florentino Lucin, being then and there an inhabitant 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 in the times and place above mentioned."
Specification 3.-"In that Florentino Lucin, a 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 figures substantially as follows, to wit:
"Juramento de fidelidad.
"CIUDAD DE CABATUAN, ISLA DE PANAY.
"Yo, Florentino Lucin, por 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 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.
FLORENTINO LUCIN.
"Firmado y jurado ante mi, hoy, dia 3 de Diciembre, 1900."
"Did afterwards, to wit: On or about the 14th day of December, 1900, violate said oath of allegiance so taken as aforesaid, by then and there aiding, abetting, and assisting the insurgents in burning the pueblo of Cabatuan, P. I., he, the said Florentino Lucin, being then and there an inhabitant of, and residing in, the pueblo of Cabatuan, 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."
ADDITIONAL CHARGE II.-"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 Florentino Lucin, a native; then and there did wilfully, feloniously, and maliciously order, direct, and cause to be burned in the night time 100 dwelling houses, more or less, in the said pueblo of Cabatuan, island of Panay, P. I."
PLEA.-
To the first specification, first additional charge, "not guilty;"
to the second specification, first additional charge, "not guilty;"
to the third specification, first additional charge, "not guilty;"
to the first additional charge, "not guilty;"
to the specification, second additional charge, "not guilty;"
to the second additional charge, "not guilty."
FINDING.-
Of the first specification, first charge, "guilty, except the words 'and hold secret conferences with,' and
of the excepted words, 'not guilty.'"
Of the second specification, first charge, "guilty;"
of the third specification, first charge, "guilty;"
of the first charge, "guilty;"
of the specification, second charge, "guilty;
of the second charge, "guilty;"
of the first specification, first additional charge, "not guilty;"
of the second specification, first additional charge, "guilty;"
of the third specification, first additional charge, "guilty;"
of the first additional charge, "guilty;"
of the specification, second additional charge, "guilty;"
of the second additional charge, "guilty."
SENTENCE.-And the commission does therefore sentence him, Florentino Lucin, native, "to be hanged by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein."
In the foregoing case of Fiorentino Lucin it appears that the court erred in proceeding to try the accused upon additional charges after the prosecution had rested and the defense had been heard upon charges originally referred to the commission. This portion of the proceedings and all relating exclusively thereto must be disapproved as irregular and unauthorized under the established procedure of commissions. Independent of these additional charges and the evidence relating thereto, the
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proceedings in this case show beyond all doubt that the accused was a war traitor of the most pronounced and active kind.
The sentence is therefore confirmed, but in view of the irregularity above mentioned which makes it necessary to disregard some of the grave charges against the accused, the sentence is commuted to fifteen (15) years imprisonment at hard labor, and, as thus commuted, will be duly executed at the presidio de Manila, to which place the prisoner, Fiorentino Lucin, will be sent under proper guard.
By command of Major-General MacArthur:
THOMAS H. BARRY,
Brigadier-General, U. S. Volunteers,
Chief of Staff.
