SENTENCING OF JULIAN CONFESOR AND AGUSTIN JILOCA
General Order No. 112














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Charge I.—"Murder."
Specification 1.—"In that, on or about the 18th day of July, A. D. 1900
Specification 2.—" In that, on or about the 18th day of July, A. D. 1900

Charge II.—"Being a war traitor."
Specification 1.—"In that, on or about the 20th day of July, A. D. 1900
Specification 2.—"In that, on or about the 20th day of July, A. D. 1900
Specification 3.—"In that, on or about the 6th day of December, A. D. 1900

Charge III.—"Aiding and abetting the enemy."
Specification 1.—" In that, on or about the 20th day of July, A. D. 1900
Specification 2.—"In that, on or about the 20th day of July, A. D. 1900

Charge IV.—"Violation of the laws of war."
Specification 1.—"In that, on or about the 3d day of December, A. D. 1900
"did thereafter, to wit, on or about the 6th day of December, A. D. 1900

Specification 2.—"In that, on or about the 3d day of December, A. D. 1900
did thereafter, to wit, on or about the 14th day of December, A. D. 1900

Charge V.—"Arson."
Specification.—"In that, on or about the 14th day of December, A D. 1900

Plea.—"Not guilty."


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, Social 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 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, apart of the territory and under the military government of the United States, one Julian Confesor, being then and there occupying and tilling 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 II, 18th U. S. Infantry."

Specification 2.—" 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, 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 0. 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-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, 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 neat the pueblo of Cabatuan, island of Panay, P. I., a place then, as now, a part ot the territory and under the military government of the United States, one Julian Confesor, a native and presidente and viee-presidente 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 aid 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 cauBe 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 viee-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 Cabatüan, Isla De Panay. "'Yo, Julian Confesor, por la presente renuncio á toda sumisión á cualquiera de y á todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados Unidos de América en ellas establecida; y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en todo tiempo mi conducta será la de un ciudadano fiel y pacífico de dichas islas y no mantendré relaciones directa ni indirectamente con, ni facilitaré noticias á, ningún enemigo de los Estadas Unidos, ni prestaré apoyo, ayuda ó protección á semejante enemigo. Que me impongo esta obligación de mi libre y espontánea voluntad, sin reservas mentales de ningún género ni propósito de evadirla y así Dios me ayude.

"'julian Confesor. "'Firmado y jurado ante mí, hoy día 3 de Diciembre, 1900.

"'Homer B. Grant, "'Second Lieutenant, 26th Infantry, U. S. Volunteer». "'Testigo.'

"did thereafter, to wit, on or about the 6th day of December, A. D. 1900, and at divers other times and days since said date, violate said oath of allegiance by 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 submisión á cualquiera de y á todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto la autoridad suprema de los Estados Unidos de América en ellas establecida; y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en todo tiempo mi conducta será la de un ciudadano fiel y pacífico de dichas islas y no mantendré relaciones directa ni indirectamente con, ni facilitaré noticias á, ningún enemigo de los Estados Unidos, ni prestaré apoyo, ayuda ó protección á semejante enemigo. Que me impongo esta obligación de mi libre y espontánea voluntad, sin reservas mentales de ningún género ni propósito de evadirla y así Dios me ayude.

'"julian Confesor. "'Firmado y jurado ante mf, hoy día 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 f 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 vicepresidente 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 less."

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, "notguilty;" 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, "notguilty;" 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 lie 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 resjiective 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.




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Charge I.—"Being a war traitor."
Specification 1.—"In that, on or about the 1st day of August, 1900
Specification 2.—"In that, on or about the 1st day of August, 1900

Charge II.—"Aiding and abetting the enemy."
Specification 1.—"In that, on or about the 1st day of August, 1900
Specification 2.—"In that, on or about the 1st day of August, 1900

Charge III.—"Violation of the laws of war."
Specification 1.—"In that, Agustin Jiloca, native, having on or about the 3d day of December, 1900
"did violate said oath allegiance by afterwards, to wit: On or about the 6th day of December, 1900

Specification 2.—"In that, Agustin Jiloca, native, having on or about the 3d day of December, 1900
"did violate said oath of allegiance by afterwards, to wit, on or about the 6th day of December, 1900

Charge IV.—"Arson."
Specification.—" In that, on or about the 14th day of December, 1900

Charge V.—"Murder."
Specification.—"In that, on or about the 19th day of July, 1900

Charge VI.—"Being a war rebel."
Specification.—"In that, on or about the 3d day of December, 1900
did thereafter, to-wit: on or about the 14th day of December, 1900


II. Agustin Jiloca, native.

Charge I.—"Being a war traitor."

Specification 1.—"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 Agustin Jiloca, a native, being then and there on said days and dates presidente 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 Agustin Jiloca, 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 places 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 Agustin Jiloca, native, he, the said Agustin Jiloca, being then and there presidente of, and residing in 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 authority of the military government of the United States, or any military commander thereof, hold intercourse with the enemy, in this, that he, the said Agustin Jiloca, native, did then and there at the times mentioned, deliver and cause to be delivered to the leaders of the insurgents, certain money, food, and clothing, for the use of insurgent forces then and there engaged in insurrection against the lawfully constituted authority of the United States. This at the times and place mentioned."

Charge II.—"Aiding and abetting the enemy."

Specification 1.—"In that, on or about the 1st day of August, 1900, one Agustin Jiloca," a native, was, and since has been, then, as now, a time of insurrection, a member and adjutant of the Katipunan of the pueblo of Cabatuan, island of Panay, P. I., a society organized and instituted for the purpose of aiding, assisting, and supporting insurgent forces then and there in rebellion against the lawfully constituted authority of the United States, by then and there contributing money, food, and clothing for said insurgent forces, and said Agustin Jiloca, being then and there and at all times mentioned herein above presidente of, and residing in the aforesaid pueblo of Cabatuan, island of Panay, P. I., then, 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 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 Agustin Jiloca, native, he, the said Agustin Jiloca, native, being then and there presidente of, and residing in the pueblo of Cabatuan, island of Panay, P. I., a place then, as now, 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 presidente, give and render aid and comfort to the enemy, in this, that he, the said Agustin Jiloca, 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 and its adjacent barrios; and did, afterwards, on or about the days and dates above mentioned, deliver and cause to be delivered to the insurgent forces, then and there engaged in open rebellion against the lawfully constituted authority of the United States, the aforesaid money, rice, and clothing. This at the times and place mentioned."

Charge III.—"Violation of the laws of war."

Specification 1.—"In that, Agustin Jiloca, 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, Agustin Jiloca, por lapresente renuncio a toda submision a cualquierade 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 leal tad hacia aquel Gobierno; que en todo tiempo mi conducta sera la de un eiudadano fiel y paeffico de dichas islas y no mantendre relaciones directa ni indirectamente con, ni facilitate noticias a, ningiin enemigo de los Estados Unidos, ni prestare apoyo, ayuda o proteccion a semejante enemigo. Que me impongo esta obligacion de mi hbre y espontanea voluntad, sin reaervas mentales de ningiin genero ni proposito de evadirla, y asf Dios me ayude.

"'agustin Jiloca.

"'Firmado y jurado ante me, hoy dia 3 de diciembre, 1900.

'"homer B. Grant. "'Second Lieutenant, 26th Infantry, U. S. Volunteers. '"Testigo:

"'A. A. Barker

'"'Captain, 26th Infantry, U. S. Volunteers. "' Cicero Curand. "'EnDuplicado.'

"did violate said oath allegiance by afterwards, to wit: On or about the 6th day of December, 1900, and on divers other davs and dates since said date, hold intercourse with the enemy, by then and there holding secret conferences with the leaders of the

S. Doc. 331, pt 2 33

the insurgent forces, an organization engaged in insurrection against the lawfully constituted authority of the United States, he, the said Agustin Jiloca, native, being then and there presidente 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 place above mentioned."

Specification 2.—"In that, Agustin Jiloca, native, having on or about the 3d day of December, 1900, then, as now, a time of insurrection, taken and subscribed to the oath of allegiance to the United States, in words and figures substantially as follows, to wit:

"'Juramento defidelidad.

"'Ciudad De Cabatuan, Isla De Panay. "'Yo, Agustin Jiloca, por la presente renuncio a toda sumision & cualquiera de y a todos los titulados gobiernos revolucionarios en las Islas Filipinos, 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 pacftico de dichas islas y no mantendre relaciones directa ni indirectamente con, m facilitare noticias a, ningiin 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 ningiin genero ni proposito de evadirla, y asf Dios me ayude.

"'agustin Jiloca.

"'Firmado y jurado ante mf, hoy dfa 3 de diciembre, 1900.

Homer B. Grant, "'Second Lieutenant, 26th Infantry, U. S. Volunteer*. "'A. A. Barker,

"'Captain 26th Infantry, U. S. Volunteers. "'Cicero Curand.'

"did violate said oath of allegiance by afterwards, to wit, on or about the 6th day of December, 1900, and at divers other times since said date, by then and there collecting large sums of money from the inhabitants of the pueblo of Cabatuan, island of Panay, P. I., and did thereafter, on or about the days mentioned above, deliver and cause to be delivered said sums of money so collected as aforesaid to the leaders of the insurgents, he the said Agustin Jiloca; native, then and there well knowing said leaders of the insurgents to be engaged in insurrection against the lawfully constituted authority of the United States, and he, the said Agustin Jiloca, native, being then and there presidente of and residing in the pueblo of Cabatuan, island of Panay, P. I., a place then, since, and now occupied by the military forces and under the military government of the United States. This at the times and place mentioned."

Charge IV.—"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 Agustin Jiloca, native, then and there filling and occupying the position of presidente of the said Pueblo of Cabatuan, did willfully, feloniously and maliciously order, direct and cause to be burned in the nighttime one hundred (100) dwelling houses, more or less, in the said Pueblo of Cabatuan, Island of Panay, P. I."

Charge V.—"Murder."

Specification.—"In that, on or about the 19th day of July, 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 Agustin Jiloca, native, having been duly informed that Eladio Jilarios and Placido Hebia, natives, and each of them, had feloniously, willfully and with malice aforethought, murdered and killed one George O. Hill, Private, Company H, 18th U. S. Infantry, with bolos held in the hands of the said Eladio Jilarios and Placido Hebia, natives, and each of them, did harbor, receive, maintain and protect the said Eladio Jilarios and Placido Hebia, natives, and each of them, and did direct and cause the knowledge of said murder to be suppressed and withheld from the lawfully constituted authorities, well knowing that the said Eladio Jilarios and Placido Hebia, and each of them, had feloniously murdered [and killed said George O. Hill, Private, Company H, 18th U. S. Infantry, in manner and form as aforesaid."

Charge VI.—"Being a war rebel."

Specification.—"In that, on or about the 3d day of December, 1900, then, as now, a time of insurrection, at or near the Pueblo of Cabatuan, Island of Panay, P. L, a place then, as now, a part of the territory and under the military government of the United States, one Agustin Jiloca, a native, and presidente of 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, Agustfn Jiloca, 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 soleiunemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en todo tiempo mi conducta sera la de un ciudadano fiel y pacffico de dichas islas y no mantendre relaciones directa ni indirectamente con, ni facilitare noticias a ningiin 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 ningiin g^nero, ni proposito de evadirla, y asf Dios me ayude.

"'agustin Jiloca. "'Firmado y jurado ante mi, hoy 3 de Diciembre, 1900.

"'Homer B. Grant. "'Second Lieutenant, 26th Infantry, U. S. Volunteer*. "'Testigo.'

did thereafter, to-wit: on or about the 14th day of December, 1900, while still presidente of and resident in said Pueblo of Cabatuan, then, as now, occupied by the military forces of the United States, conspire with certain other members of a 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 rise up in arms against the authorities of the United States, and to then and there, and in conjunction with the police force of the said Pueblo of Cabatuan, and with said forces in insurrection against the United States, to surround and capture the garrison of American soldiers then and there stationed." 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 second charge, "guilty;" of the first specification, third charge, "guilty, except the words, 'by then and there holding secret conference with the leaders of the insurgent forces,' and of the excepted words, not guilty;" of the second specification, third charge, "guilty, except the words 'said sums of money so collected as aforesaid,' substituting therefor the words 'supplies;' of the excepted words, not guilty, and of the substituted words, guilty;" of the third charge, guilty;" of the specification, fourth charge, "guilty; of the fourth charge, "guilty;" of the specification, fifth charge, "guilty, except the words 'harbor, receive, maintain, and, and of the excepted words, not guilty;" of the fifth charge, "guilty;" of the specification, sixth charge, "guilty;" of the sixth charge, "guilty."

Sentence.—And the commission does therefore sentence him, Agustin Jiloca, native, "to be hanged by the neck until dead, at such time and place as may be directed by the reviewing authority, two-thirds of the military commission concurring in the death sentence imposed."

In the foregoing case the following are the remarks of the department commander thereon:

"In the foregoing case of Agustin Jiloca, native, it appears that when one of the cabezas of the pueblo reported to him the murder of an American soldier by members of the police force of the town of Cabatuan, of which he was a principale, he took advantage of every means in his power to prevent the information of this crime from reaching the American authorities and to shield the criminals from justice; that thereafter he accepted appointment and was duly installed as presidente of the pueblo of Cabatuan, early in the month of August, 1900; that thereafter he directed the collection of supplies of money, rice, food, etc., for those who were known to be in insurrection against the United States; that he caused the contributions and purchases made therefrom to be sent and delivered to the commanding officer of the troops of insurrection against the lawfully constituted authority of the United States, and that this practice was continued up to the time he voluntarily took the oath of allegiance with the cabezas, offlciales, and principales of the pueblo on the 3d day of December, 1900, and after that time the delivery of rice was certainly continued.

"It appears conclusively that after December 3, 1900, the accused, with a number of other members of the Katipunan society, deliberately planned and assisted in the burning of the pueblo of Cabatuan, which was at that time, and for a long time previous thereto had been, occupied by the American troops; that in addition this same society, on the same date that it agreed to burn the town, also planned, and the accused, in conformity with that plan, directed the members of the police force of the town to cooperate with the insurgents not only in the burning of the town, but also in their endeavor to overcome the American garrison.

"The foregoing facts seem to be clearly established, and constitute such a glaring violation of the laws of war that this accused must be presumed to have known of them.

"The proceedings, findings, and sentence are therefore approved."

The sentence is confirmed, and 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, Departmentof the Visayas.

By command of Major-General MacArthur:

Thomas H. Barry, Brigadier-General, U. S. Volunteers, Chief of Staff.