Evening star., 1904-03-24
TO RECTIFY MISTAKE
SECRETARY TAFT RECOMMENDS
PARDON FOR GEN. AQUINo.
Had Been Convicted Of Shooting
American Prisoners-Guererro Prob
ably the Guilty One.

The Secretary OF War has submitted to
the President for action the record of eyi-
dence taken in the court-martial proceed
ings against Brigadier General Servillano
Aquino. an insurgent Filipino officer. for
giving an order for the shooting of five
American prisoners. resulting In the death
of three of them. The Secretary reviews
the case at considerable length and recon-
mends that Aquino. who has now been con-
nned Tor three years. receive full pardon.
The prisoners were in the custody of q
Filipino named Guerrero in Aouino's COM
mand. who was said to have resembIed
Aquino in appearance. The surviving pris-
oners claimed that Aquino himself gave the
order for their execution, but after the in
surrection had ended and Aauino was
charged with the crime, he defended him
SELF by insisting that il must have been
Guerrero who gave the order. He produced
number of native soldiers to support his
contention, and also claimed to have had
guerrero tried by court-martial for having
executed the prisoners. Guerrero was found
guilty and executed by Aquino's command.
strong point made in Aquino's favor
wa that he surrendered to the Americans,
knowing that he was to be tried a
charge or having murdered the prisoners.
He said he was not afrand to be tried as he
was satisfied of his innocence. Aquino was,
however convicted by the court-martial and
sentenced to imprisonment. About a year
toned the government to pardon Aquino.
In closing his review of the case Secretary
Iaft says: Il cannot read the record with
out feeling that there is a very grave doubt
of Aquinos guilt He Is not shown at any
time to have been cruel or harsh In his
treatment of the prisoners On the con-
trary, SO far as the prisoners own evidence
gooes, he was considerate and divided the
officers food with them and interfered gen.
orally to aid them. Guerrero. the other
hand, was cruel man, as shown by his
treatment of the prisoners, and the act
charged against Aquino was more probably
that of Guerrero. 1t is true that Guerrero
seems to have had on red trousers and that
Aquino did not, upon the day of the shoot
ing, and that this offered a means of dis
unguishing the two,which men in their calm
moments would not be likely to overlook
but the discrepancies in the details of their
stories of Aquinos coming and going, and
of his position during the firing. and the
distress under which the prisoners neces-
sarfly labored when they were told to kneel
down, the confusion which reigned in the
camp at the coming of the American at
tack, all these circumstances make 1t quite
possible that the prisoners in their evil
dence were mistaken. Their feeling. in the
murderous treatment which they received,
would naturally have been against the
whole command and they naturally would
have sought to have made the commander
responsible
while l do not mean to impeach their
veracity in the slightest. the contrary posi-
tive statement of eight witnesses who GER
tainly knew the facts may we'll shake
ones confidence in the accuracy of the
American prisoners Nothing but rigid
rule of rejecting all native evidence,
whether the witnesses are intelligent or not.
will justify the approval of this verdict.
The rule ought not to be carried so far.
This matter has been submitted both to
the Judge advocate general and to Judge
Magoon, the law advisers of the depart
ment. The Judge advocate general supports
the conclusion of the court-martial. Judge
Magoon believes that there Is the strongest
reason for doubling the justice of the con-
viction / am bound to say, for the rea-
sons stated, that concur with Judge
Magoon and. therefore recommend to the
President that AQuino, who has now been
confined for three years. receive a full
pardon"