FOX, OCTOBER 13, 1902

Albert S. Fox, St. Johnsbury, Vt., 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. "Where do you now reside, and what is your occupation?-A. I reside at St. Johnsbury, Vt., and am driving a team for the quartermaster at Fort Ethan Allen, in Government employ.

Q. Were you a member of Company D, Twenty-sixth Volunteer Infantry?-A. Yes, sir.

Q. For how long a time?-A. I joined the company at Plattsburg, August 13,1899, and was mustered out with the regiment at San Francisco, Cal., when they were mustered out the 13th of May, 1901.

Q. Were you with the company at Banate in 1900?-A. Yes, sir.

Q. Who was in command of the post at that time?-A. Captain Brownell, sir.

Q. Do you know if at any time in the company there was a squad called the water-cure squad?-A. There was no particular squad; sometimes one or two men would be detailed, sometimes three or four would be picked out by the captain to give the water cure.

Q. Did you ever see the water cure administered?-A. I did, sir.

Q. As near as you can recollect, at what time and under whose direction was it administered?-A. It was administered by Captain Brownell's order, and before a doctor at the side of the man.

Q. What year and month was this?-A. It must have been in December, 1900.

Q. Is this the only time you saw it administered?-A. That is the only time I ever saw it administered.

Q. To whom was it administered on this occasion?-A. It was administered to the presidente of Astancia (Estancia).

Q. For what purpose was it administered?-A. It was to find out where he had some men who were fighting against us, and where their arms were.

Q. While you were at Banate did you ever see any Filipino prisoners?-A. Yes, sir; we had lots of them.

Q. Do you know if there was a Catholic priest among them?-A. I do not, sir.

Q. Did you while at Banate hear of a man dying under the water cure?-A. No, sir.

Q. Did you hear of any man?-A. No, sir; I did not.

Q. What duty were you doing while at Banate?-A. For about three months at Banate I had charge of getting the water for the company, and the rest of the time I was doing duty.

Q. Did you ever participate in administering this water cure?-A. I did, sir. I helped to give it once.

Q. State the circumstances under which it was administered on this occasion.-A. Well, we took the presidente of Astancia (Estancia) and laid him on a bunk and tied his hands and feet. The doctor stepped on to the right side of him and I stepped on to the left-hand side and just took hold of his nose and made him open his mouth. I put a small stick between his teeth, just so as to hold it open, and another man turned the water into his mouth until the doctor says: "That's enough; don't give him any more."

Q. Who was the doctor?-A. Dr. Woods, the post surgeon.

Q. Who else was present?-A. Captain Brownell was present and just the men who were picked out to give it to him.

Q. Who were those men?-A. I can not tell you now who those men were. I was one of them; but I can not recollect the names of the others.



Q. How many of them were there?-A. There were two or three of us, besides the captain and doctor.

Q. Did you help to administer the water cure more than once?-A. No, sir.

Q. Did you get the information you wanted?-A. Yes, sir.

Q. In your opinion was the presidente injured by this?-A. No, sir.

Q. What became of him afterwards?-A. He was left there in town, I think, sir.

Q. Do you know if he was let loose as a prisoner?-A. I think he was let loose after they got the information and the arms. I took a small boat that was running along the coast, the Lisan, and went to Iloilo with 22 prisoners that we had. I left about three hours before the rest of the company went on the gunboat.

Q. Did you ever hear anything about a prisoner called Padre Augustine?-A. I have heard of a prisoner by the name of Augustine.

Q. You heard of him while you were at Banate?-A. Yes, sir; from the other boys around there, from other soldiers.

Q. What did they say about him?-A. They said there was a prisoner there by the name of Augustine, and they said he was not kept with the others, and that is how I did not happen to see him.

Q. Did they say anything about his being a priest?-A. No, sir; I never heard it mentioned that he was a priest.

Q. Were you ever on guard over him?-A. No, sir.

Q. Do you know anything more than what you have testified to concerning the water cure and prisoners?-A. No, sir.

Q. Was Captain Brownell in command all the time you were at Banate?-A. Yes, sir.

Q. Was this squad for administering the water cure a permanent one, or were there different men taken at different times?-A. There were different men taken, sir.

Q. And who selected them?-A. The captain, sir. I think Captain Brownell went about this in as easy a manner as possible and took men that would handle the man as easy as possible. I think the captain did not want to hurt any man whatever nor do anything only just where he knew he was going to get some information that he could not get in any other way.

Q. Do you remember if a man, Albert L. Cross, of your company was present when the water cure was administered?-A. I could not say, sir.

Albert S. Fox,
Late Private, Twenty-sixth U. S. Volunteers.

Subscribed and sworn to before me this 13th day of October, 1902, at Burlington, Vt.

E. HUNTER,
Judge-Advocate, U. S. Army.
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