New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-20
ADMITS TORTURING FRIAR.
CAPTAIN BROwNELL DID NOT REPORT
THE CASE OF FATHER AUGUSTINE.
SECRETARY ROOT CLEARED FROM THE
CHARGE OF DELIBERATE CONCEAL
MENT OF FACTS
[RY TELEGRAPH TO TIE TRIRrNE.l

[BY TELEGRAPH THE TRIBUNE.l
Washington. Nov. 19-By a definite state
ment, which is included in the report Of Judge
Advocate General Davis to Secretary Root.
Captain Cornelius NJ. BrownelI admits the ad-
ministering of the water cure TO Father Angus
tine at Banate. in the Philippine Islands, on
December and 9. 1900. which resulted in the
death of the priest
Captain Brownell also frankly admits that he
never made any report of the matter to MS
department commander. simply informing him
Of the death of the man. This clears Secretary
Root and the War Department from the charge
frequently made that facts were being con-
cealed deliberately. The report made by Gen
eral Davis is the direction of the President,
and in response to open letter sent to him
through the press by several prominent anti
imperialists, including Carl Schurz and Charles
Francis Adams. The affdavits of six privates
OF Captain Brownelrs company were offered In
evidence by those bringing the charges
The officers appointed by the War Depart
ment to go to Vermont and investigate the
affair obtained from Captain Brownell free
statement covering the entire matter. The cap
tain alleges military necessity his reason Tor
administering the torture to the priest The
important admission. however was that, for
reasons of his own, not hard to divine, he never
reported the incident. Such report as he
would have been obliged TO make would have
left his superior no alternative but to order a
court martial at once. Therefore no report was
made. The regiment returned to this country.
and the story was circulated by members of
the company who witnessed the affair. and in
this way reached the ears of the people. who
called it to the attention of President Roose-
welt.
BROwNELL NOT LIKELY TO BE TRIED.
Despite the admission. which amounts almost
TO a confession there is scant possibility that
Captain Browneu viii ever be brought to trial
for the killing of the priest The report OF
Judge Advocate General Davis points out that
there is legal basis for such a trial, The
act was committed in time of war and by an
officer Of an invading army. International law
recognizes that a member of an army OF in
vasion IS not amenable to the laws or courts
OF the country invaded, but even II 1t were
granted that Captain Brownen was liable to
trial In the Philippine Islands, and by insular
courts. there exists no treaty Of extraditlon
under which he could be sent there. On the
other hand he has been mustered out OF the
United States service, and no longer be
tried by a military court martial for something
which happened prior to his muster out. II
he were still in the army he could be tried as
1t is he escapes This is the opinion rendered
by the judge advocate general
The papers and records Of the Investigation
will now. ar the direction OF President Roosevelt
be turned over TO Attorney General Knox. whC
will as prosecuting officer Of the government
make final decision as to the possibility OF
bringing Captain Brownell to trial.
THE KILLING OF THE PRIEST
The story OF the killing OF Father Augustine
is in brief as follows In December. 1900, gum
boat brought prisoner to Banato. a port near
IloiIo, garrisoned by a detachment from the
26th Infantry. under the command OF Captain
BrowneH. The prisoner. when he first came
ashore was disguised in the uniform of non
commissioned officer of the United States artil-
lery. Later a cassOck belonging 10 him was
sent ashore, and thereupon he was named
Father Augustine" by the soldiers Fired
with a desire to obtain information from the
prisoner Captain Brovnel three successive
occasions within two days administered the
water cure 70 the priest After the third time
the died, and was hurriediy buried. Then
Captain Brownell reported his death but as ne
says himself, made reference to any OF the
circumstances connected with the matter The
commander Of the department simply learned
that a prisoner had died.
In due course OF tine the regiment came back
10 this country and mustered out, and its
members returned to civil life. Then members
Of the company who had. witnessed the torture
and knew OF the death OF the priest, began to
talk about it, and in due time 1t reached the
ears of various anti-imperialists, who collected
evidence, secured the afidavits of six priVates
of Captain BrOWnells company, and then sent
an open letter to the President. detailing the
incident. The same material was included IN
the Democratic campaign book.
RESULTS EXONERATE MR. ROOT.
The President as shown in The Tribune of
October - at once directed the Secretary Of
War to Investigate the affair and the Attorney
General to prosecute if 1t found possible,
Army officers were sent to Vermont. witnesses
were examined and Captain Brownels own
statement was secured. The results. together
with the report, turned over to Secretary
Root yesterday These results show clearly
that the Secretary of War not guilty, as
was alleged, of deliberately conniving at the
conceaIment of facts, but that Captain Brown
els failure to make proper report left the
War Department in complete ignorance of the
entire matter.
Captain BrownelI appointed to the 10Th
Infantry. one of the volunteer regiments en-
listed for service in the Philippines at the close
of the Spanish war the recommendation or
Senator Proctor. The regiment was recruited
st Fort Ethan Allen and was commanded by
Colonel Edmund G. Rice. 1t spent its two
year term Of enlistment in the Philippines. Cap
tain BrownelI served with his regiment. and
his record is otherwise clear. He is now resi-
dent of Burlington, VT.
FIRE DESTROYS PERSIAN TOWN.