JUAN BAUTISTA CONFESOR TRIAL
1218 AFFAIRS IN THE PHILIPPINE ISLANDS.
HEADQUARTERS DIVISION OF THE PHILIPPINES,
Manila, P. I., July 19, 1901.
General Orders, No. 174.
Before a military commission which convened at Iloilo, island of Panay, P. I., pursuant to paragraph 3, Special Orders, No. 70, Headquarters Department of the Visayas, March 16, 1901, and of which Lieut. Col. Charles J. Crane, Thirty-eighth Infantry, U. S. Volunteers, was president, and Capt. Edwin F. Glenn, Twenty-fifth U. S. Infantry, was judge-advocate, was arraigned and tried Juan Bautista Confesor, native.
CHARGE I.-"Aiding and abetting the enemy."
Specification.-"In that on or about the 20th day of August, A. D. 1900, and at divers times and days since that date, 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 Juan Bautista Confesor, a native and principale of the said pueblo of Cabatuan, did, while still holding the aforesaid office, knowingly and willingly become an active member of an organization known as the Katipunan,' the object of which said society is and was to aid, assist, and support the insurgent forces then and there being in rebellion against the lawfully constituted authority of the United States, by then and there contributing and collecting money, food, clothing, and tobacco for the said insurgent forces."
CHARGE II.-"Violation of the laws of war."
Specification.-"In that on or about the 3d day of December, A. D. 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 Juan Bautista Confesor, a native and principale of the 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 Kabatuan, Isla de Panay."
"Yo, Juan Bautista Confesor, por la presente, renuncio a toda sumision a cualquiera de y a todas los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados Unidos de America en
AFFAIRS IN THE PHILIPPINE ISLANDS. 1219
ellas establecida; y juro solemente guardar verdadera fe y lealtad hacia aguel Gobierno; que en todo tiempo mi conducto sera la de un ciudadano fiel y pacifico de dichas islas y no mantendre relaciones directa ni indirectamento con, ni falicitara noticias a, ninguna enemiga 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 ne ningun genero ni proposito de evadirla, y asi Dios me ayuda.
"JUAN BAUTISTA CONFESOR.
"Firmado y jurado ante mi, hoy, dia 3 de Deciembre, 1900.
"HOMER B. GRANT,
"Second Lt. 26th Infty., U. S. Vols.
did thereafter, to wit, on or about the 14th day of December, A. D. 1900, violate said oath of allegiance by then and there and in company with other members of the society known as the 'Katipunan' conspiring with the insurgent forces then and there being in open rebellion against the lawfully constituted authority of the United States, to burn the aforesaid pueblo of Cahatuan, and to then and there surround and massacre the American forces then and there being stationed in the said pueblo of Cabatuan, and did then and there burn and cause to be burned the said pueblo of Cabatuan by the members of the police force of the said pueblo of Cabatuan."
CHARGE III.-"Being a war rebel."
Specification: "In that on or about the 3d day of December, A. D. 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 Juan Bautista Confesor, a native, and principale of the 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 Kabatuan, Isla de Panay.
"Yo, Juan Bautista Confesor, por la presente, renuncio, a toda sumision a cualquiera de y a todas 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 conducto esar la de un Ciudadano fiel y pacifico de dichas islas y no mantendre relaciones directa ni indirectamente con, ni falicitara noticias a, ninguna enemiga 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 mantales de ningun genero ni proposito de evadirla, y asi Dios me ayuda.
"JUAN BAUTISTA CONFESOR.
"Firmado y jurado ante mi, hoy, dia 3 de diciembre, 1900.
"HOMER B. GRANT,
"Second Lieutenant, Twenty-sixth Infantry, U. S. Vols."
"did thereafter, to wit, on or about the 14th day of December, A. D. 1900, while still a principale and resident of the said pueblo of Cabatuan, then as now occupied by the military forces of the United States, conspire with certain other members of the 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 raise up in arms against said authority of the United States, and to then and there, and in conjunction with the police force of the said pueblo of Cabatuan and the said forces in insurrection against the United States, surround and capture the garrison of American soldiers then and there stationed."
CHARGE IV.-"Arson."
Specification: "In that on or about the 14th day of December, A. D. 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 Juan Bautista Confesor, then and there occupying the position of principale of the said pueblo of Cabatuan, did willfully, feloniously, and maliciously order, direct, and cause to be burned, in the nighttime, 100 dwelling houses, more or less, in the said pueblo of Cabatuan, island of Panay, P. I."
CHARGE V.-"Perjury."
Specification: "In that on or about the 26th day of February, 1901, then as now a time of insurrection against the lawfully constituted authority of the United States, at or near the pueblo of Iloilo, island of Panay, P. I., a place then as now under the military occupation and government of the United States, one Juan Bautista Confesor, a native, having duly appeared as a witness for
1220 AFFAIRS IN THE PHILIPPINE ISLANDS.
the prosecution before a military commission convened per paragraph 2, Special Orders, No. 2, Headquarters Department of the Visayas, Iloilo, Panay, P. I., January 3, 1901, in the case of the United States versus Julian Confesor, a native, and having been duly sworn as such to tell the truth, the whole truth, and nothing but the truth, did willfully, falsely, and corruptly testify as follows, to wit:
Q. 'Were you in the house of Augustin Jiloca that afternoon (December 4, 1900)?'
A. 'No, sir.'
Q. 'Do I understand you to swear that you were not in the office that afternoon?'
A. 'Yes, sir; I swear it.'
Q. 'Do you know anything about any Katipunan society being formed in the pueblo of Cabatuan at any time from June to December of last year?'
A. 'I only saw in the month of November a communication from Protacio Mondejar making Florentino Lucin presidente of the Katipunan.'
Q. 'Did you ever meet with that Katipunan society yourself?'
A. 'No, sir; only when they called us as owners of the church fund called the Correa; we met at Jiloca's house.'
* * * * * * *
Q. 'Do you know whether or not a Katipunan society was regularly organized in the pueblo of Cabatuan?'
A. 'No, sir.'
Q. 'Do you know that such a society was not organized there, composed of the principales of the pueblo of Cabatuan last year?'
A. 'No, sir.'
Q. 'Do you swear that no such society was organized?'
A. 'Yes, sir; I swear it.'
Q. 'You can swear that no such meeting was held on the evening of the fire?'
A. 'Yes, sir; I swear it?'
Q. 'You swear that there was not a meeting of the Katipunan in Agustin Jiloca's office the evening of the fourteenth of December, last?'
A. 'I was not there and did not hear anything about it.'
* * * * * * *
Q. 'Do you state under oath before this commission that there was no Katipunan society in Cabatuan last year, during any month? Do you swear that?'
A. 'Yes, sir; there was not.'
Q. 'How do you reconcile these two statements? You swear that Lucin was president of the society, and then you say that there was no society?'
A. 'I gave him the name of presidente of the Katipunan, copying the title that Mondejar have to Fiorentino Lucin.'
Q. 'Do you state here under oath that you were not present last year at the meeting of the society of which Fiorentino Lucin was presidente?'
A. 'Yes, sir; I swear that I did not meet any society of which he was presidente; I only said that I was there as owner.'
Q. 'Do you state under oath that you were not present last year at the meeting of the society of which Florentino Lucin was presidente?'
A. 'No, sir.'
Q. 'You swear that you were not?'
A. 'No, sir; I do not.'
Q. 'Did you ever hear of a Katipunan society being formed out there in Cabatuan?'
A. 'No, sir.'
which said testimony was false, in that he, the said Juan Bautista Confesor did state that he was not present at the house of Agustin Jiloca, December fourteenth, 1900; in that the said Juan Bautista Confesor stated that he had never met with a society known as the Katipunan; in that he stated that he knew of no such society as the Katipunan and that no such society was organized in the pueblo of Cabatuan; in that he stated that there was no meeting in Agustin Jiloca's house the afternoon of December fourteenth, 1900; in that he stated that there was no society of Katipunan in Cabatuan during the year of 1900; in that he stated that he was not present during the year of 1900 at a meeting of a society of which Florentino Lucin was president, and which said testimony was known by him, the said Juan Bautista Confesor, to be false, that it was material to the issues then and there being tried, and was given with the intent to deceive the said military commission."
PLEA.-"Not guilty."
FINDING.-"Guilty."
SENTENCE.-And the commission does therefore sentence him, Juan Bautista Confesor, "To be confined at hard labor at such place as the reviewing authority may designate for the period of twenty (20) years."
In the foregoing case, it appears that this accused, Juan Bautista Confesor, while
AFFAIRS IN THE PHILIPPINE ISLANDS. 1221
acting as a principale of the pueblo of Cabatuan, Panay, P. I., under the occupation of the United States troops and government, aided and abetted the enemy by contributing to the insurgent soldiers food, money, clothing, and tobacco. It also appears this accused voluntarily took the oath of allegiance to the United States Government and thereafter violated the same by conspiring with the insurgent loaders and co-officials of Cabatuan to burn the town of Cabatuan and surround and attack the United States troops there garrisoned; that he encouraged the police force of such town to aid the insurgents in these acts, which resulted in burning nearly one hundred houses of the town. Furthermore, this accused is shown to have committed deliberate and wilful perjury before a military commission during the trial of one of his Katipunan coconspirators, even after being warned as to the criminal consequence of such perjury.
The sentence, approved by the department commander, is confirmed and will be duly executed at the Presido de Manila, to which place the accused, Juan Bautista Confesor, will be sent under proper guard.
By command of Major-General Chaffee:
W. P. HALL;
Assistant Adjutant-General.