Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-11-27
The Case Of Capt. Brownell.

WASHINGTON dispatches to the city
papers make prominent mention of this
case as described in a report Of Judge
Advocate General Davis to the secretary
of war. The facts, as stated, are as fol-
lows:
In December, 1900, a gunboat brought a
prisoner to Banato, a port near Iloilo,
carrlsoncd by detachment from the 26th
infantry under the command of Capt
c. NJ. Brownell. The prisoner was dis
guised in the uniform of a non-commis-
stoned officer of the United States artil-
lcry. Later oassock belonging to him
WAS sent ashore and thereupon he was
named Father Augustine" by the SOL
diers. To obtain Information from the
prisoner, Captain Brownell directed that
the so-caled water cure" be admins
tered. Tho man died and Captain Brown
Oh reported his death, but made no refcr-
cncc to the circumstances connected with
the matter
In due course of time the regiment came
back to this country and was mustered
out and its members returned to civil life.
Then members of the company who knew
Of the death of the priest, began TO talk
about IL, and in duo time II reached the
ears OF various anti-impcrialists. who Sc
cured the afilda Wits of six privates of
Captain Rrownell's COMPANY and sent an
open letter to the President, detailing the
incident. The same material was included
in the democratic campaign book.
The President directed the secretary of
war to investigate the affair and the at
torncy- general to prosecute if it were
found possible. Army oshcers were sent
to Vermont. witnesses were examined,
and Captain IroNnelrs own statement
vas secured. Tho results. together with
the report were turned over to Secretary
Root. These rCsslts show that the score
tary of war was not guilty, as was al
leEcl of conniNing at any concealmen
! # facts.
The report of Judge Advocate General
| Davis points out that the act was com
mitted in time OF war ana ~ an officer of
an invading army International law
recognizes tat u member of an army of
| invasion is not amcnahe to the laws or
courts of the country invaded, but even
| If ii were granted that Captain Brownell
was liable 10 trial in tho Philippine ISL
! ands. and by insuar courts, there exists
no treaty Of eXtradiLion under which he
! could be sent there. On the other hand,
| he has been mustered out of the United
| states service ard can no longer be tried
| by military court martial for something
| which happened prior to his muster out
! If he were still in tho army he could be
tried.
| Tie papers aud records of the invcstisa-
| ton Will now, at the direction of presi-
|
ncN General Knox as prosecuting officer
| of tie government for any further action
deemed possible and advisable
| Captain BroUuel, rs his townsmen
know, has had an excellent record as an
army officer, and has had no reputation
| for brutality. as an officer or man. He
| claims. rs 1t is understood, that In what
he did he was doing his military dutV,
and complying in general with the in
structions received from his superior Of
tCCrs. 1t was military necessity. as he
| claims, to secure certain Information, and
| the information so obtained defeated an
| insurgeut plot to surprise and wipe out
his company, and resulted in the disCov-
| cry and capture of large sum of money
| belonging to the insurgcnt treasury, Of
which the priest was the treasurer Cap
| tain Rrownell does not admit that the
death Of the prisoner resulted from the
water torture; but believes II was the re-
suit of heart disease. which was also the
belief of an army surgeon.