JULIAN CONFESOR TRIAL
1356 AFFAIRS IN THE PHILIPPINE ISLANDS.
HEADQUARTERS DIVISION OF THE PHILIPPINES,
Manila, P. I, June 5, 1901.
General Orders, No. 112.
Before a military commission which convened at Iloilo, island of Panay, P. I., pursuant to paragraph 2, Special Orders, No. 2, Headquarters Department of the Visayas, January 3, 1901, and of which Lieut. Col. Charles J. Crane, 38th Infantry, U. S. Volunteers, was president, and Capt. Edwin F. Glenn, 25th U. S. Infantry, was judge-advocate, was arraigned and tried
I. Julian Confesor, a native.
Charge I.-"Murder."
Specification 1.-"In that, on or about the 18th day of July, 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 Julian Confesor, being then and there occupying and filling the position of presidente of the said pueblo of Cabatuan, did, willfully, feloniously, and with malice aforethought, incite, move, procure, aid and abet, order and command, one Eladio Jilarios, and one Placido Hebia, natives and policemen of the said pueblo of Cabatuan, to murder and kill one George O. Hill, private, Company H, 18th U. S. Infantry."
Specification 2.-" In that, on or about the 18th day of July, A. D. 1900, then, as now, a tune 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 Julian Confesor, being then and there occupying and filling the position of presidente of the said pueblo of Cabatuan, it having been reported to him that Eladio Jilarios and Placido Hebia, natives and policemen of the said pueblo of Cabatuan, had willfully, feloniously, and with malice aforethought, killed and murdered one George O. Hill, private, Company H, 18th U. S. Infantry, by the aforesaid policemen, Eladio Jilarios and Placido Hebia, did receive, harbor, maintain, and assist the aforesaid policemen, and did order, command, and direct that all knowledge of the aforesaid murder should be suppressed."
Charge II.-" Being a war traitor."
Specification 1.-"In that, on or about the 20th day of July, A. D. 1900, and at divers times and days since that date, then, as now, a time of insurrection, one Julian Confesor, a native, being then and there and on said days and dates, presidente and vice-president and resident of 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, 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 Julian Confesor, did, then and there, receive from and send letters to leaders of the insurgents, to wit, one Martin Delgado and the officers under his command."
Specification 2.-"In that, on or about the 20th day of July, A. D. 1900, then, as now, a time of insurrection, one Julian Confesor, a native, being then and there and on said date, presidente and resident of 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, did send and cause to be delivered to the forces in insurrection against the United States, one (1) Krag-Jorgensen rifle, one (1) belt and one hundred (100) rounds of ammunition, more or less, for the same.
Specification 3.-"In that, on or about the 6th day of December, A. D. 1900, then, as now, a time of insurrection, one Julian Confesor, a native, being then and there and on said date presidente and resident of the pueblo of Cabatuan, island of Panay, P. I., a place then, as now, a part of the territory of the United States and under the military government of the United States, did then and there send and cause to be delivered to leaders of the insurgents a certain letter, cigars, and cigarettes."
CHARGE III.—"Aiding and abetting the enemy."
Specification 1.-"In that, on or about the 20th day of July, 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 Julian Confesor, a native and presidente and vice-presidente of the said pueblo of Cabatuan, did, while still holding the aforesaid offices, 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."
Specification 2.-"In that, on or about the 20th day of July, A. D. 1900, and at divers times and days since that date, then, as now, a time of insurrection, at or near
AFFAIRS IN THE PHILIPPINE ISLANDS. 1357
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 Julian Confesor, a native and presidente and vice presidente nte of the said pueblo of Cabatuan, did, while still holding the aforesaid offices, and in violation of his well-known duties as such, give and render aids and comfort to the enemy in this: That he did then and there solicit and collect money, food, and tobacco from the residents of the aforesaid pueblo of Cabatuan and its adjacent barrios, and did thereafter deliver and cause to be delivered said money, food, and tobacco to the insurgent forces then and there engaged in open rebellion against the lawfully constituted authority of the United States."
CHARGE IV.-" Violation of the laws of war."
Specification 1.-"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 Julian Confesor, a native and presidente and vice-presidente 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 CABATUAN, ISLA DE PANAY.
"'Yo, Julian Confesor, por la presente renuncio a toda sumision a cualquiera de y a todos 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.
"'JULIAN CONFESOR.
"'Firmado y jurado ante mi, hoy dia 3 de Diciembre, 1900.
"'HOMER B. GRANT,
"'Second Lieutenant, 26th Infantry U. S. Volunteers.
"'Testigo.'
"did thereafter, to wit, on or about the 6th of December, A. D. 1900, and at divers other times and days since said date, violate said oath of allegianceby holding intercourse with the enemy and holding secret conferences with the leaders of the insurgent forces then and there being engaged in open and active rebellion against the lawfully constituted authority of the United States."
Specification 2.-"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 Julian Confesor, a native and vice-presidente 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 CABATUAN, ISLA DE PANAY.
"'Yo, Julian Confessor, 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 quardar 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.
"'JULIAN CONFESOR.
"Firmado y jurado ante mi, hoy dia 3 de Diciembre, 1900.
"'HOMER B. GRANT,
"'Second Lieutenant, 26th Infantry, U. S. Volunteers.
"'Testigo.'
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
1358 AFFAIRS IN THE PHILIPPINE ISLANDS.
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 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 V.-"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 Julian Confesor, a native, and on said date being vice-presidente of the said pueblo of Cabatuan, did, maliciously and willfully, order, direct, and cause the police force of said pueblo of Cabatuan, and others, to set fire to and burn the dwelling houses in the said pueblo of Cabatuan to the number of one hundred (100) more or lees."
PLEA.-"Not guilty."
FINDING.-
Of the first specification, first charge, "guilty;"
of the second specification, first charge, "guilty;
of the first charge, "guilty;"
of the first specification, second charge, "guilty;"
of the second specification, second charge, "guilty;"
of the third specification, second charge, "not guilty;"
of the second charge, "guilty;"
of the first specification, third charge, "guilty;"
of the second specification third charge, "guilty;"
of the third charge, "guilty;"
of the first specification, fourth charge, "guilty," except the words 'and by holding secret conferences with the leaders of the insurgent forces,' and
of the excepted words, "not guilty;"
of the second specification, fourth charge, "guilty;"
of the fourth charge, guilty;"
of the specification, fifth charge, "not guilty;"
of the fifth charge, "not guilty."
SENTENCE.—And the commission does therefore sentence him, Julian Confesor, native, "To be hanged by the neck till dead, at such time and place as the reviewing authority may direct, two-thirds of the commission concurring in the death sentence imposed."
In the foregoing case it appears that the accused, Julian Confesor, native, while holding the respective offices of presidente and vice-presidente of the pueblo of Cabatuan, during a portion of which time he was under oath of allegiance to the Government, systematically exerted his individual energies and official functions to the aid and assistance of the insurgents by supplying them with information, money, and needed supplies. General orders were issued by him to the police to abstract arms from the American soldiers where opportunity presented itself; to kill American soldiers where they could be individually isolated from their companions; and specifically it is shown that he caused two of the policemen of his pueblo to assassinate Private George O. Hill, 18th U. S. Infantry, and then sent the rifle of the dead soldier to the insurgents.
It further appears that the accused was a member of the Katipunan, and in a council of that revolutionary society he agreed to a resolution to burn the pueblo in conjunction with an attack to be simultaneously made by the insurgents upon the American garrison there stationed, and that, in pursuance of this design, the attack was made and the pueblo set on fire, the accused, with the police force at his command, aiding therein and in spreading the flames, by which many hundreds of his people whom he was appointed to protect and serve were rendered homeless.
The magnitude of his crimes and the extreme treachery, bad faith and betrayal of official trust with which he planned and executed them, constrain the reviewing authority to confirm the sentence, which will be duly executed at the pueblo of Cabatuan, island of Panay, P. I., on the 5th day of July, A. D., 1901, under the direction of the commanding general, Department of the Visayas.
II. Agustin Jiloca, native.
By command of Major-General MacArthur:
THOMAS H. BARRY,
Brigadier-General, U. S. Volunteers, Chief of Staff.
