DAMIANO SABIDO AND MARIANO TABANBUNGUA TRIALS

AFFAIRS IN THE PHILIPPINE ISLANDS. 1111

HEADQUARTERS DIVISION OF THE PHILIPPINES,
Manila, P. I., February 4, 1901.

General Orders, No. 25.

Before a military commission which convened at Jaro, Panay, P. I., pursuant to Paragraph III, Special Orders, No. 120, Headquarters Department of the Visayas, August 20, 1900, and of which Colonel Edmund Rice, 26th Infantry, U. S. Volunteers, was president, and Captain Edwin F. Glenn, 25th U. S. Infantry, was judge-advocate, were arraigned and tried Damiano Sabido and Mariano Tabanbungua, natives.

CHARGE I.-"Committing acts of hostility in violation of the laws of war, section 4, 'Instructions for the government of the armies of the United States in the field.' "

Specification 1.-"in that on or about the 30th day of June, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of San Bias, Island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its military government, Damiano Sabido and Mariano Tabanbungua, natives and members of the police force of the pueblo of San Miguel, did, while still pursuing peaceful pursuits as said policemen, and contrary to the laws and usages of war in such cases made and provided, participate in an attack upon three United States soldiers, members of Company I, 26th Infantry, U. S. V., and upon a citizen of the United States, to wit, one John M. Dean, by then and there shooting at the said United States soldiers and said citizen of the United States, with guns held in the hands of the said Damiano Sabido and Mariano Tabanbungua, and which said assault, so made as aforesaid, resulted in the serious wounding by gunshot of two of the aforesaid soldiers, to wit, Herbert B. Spencer and Charles F. Fish."

Specification 2.-"In that on or about the 9th day of August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of San Miguel, Island of Panay, P. I., a place then, as now, a part of the territory of the United States, and under its military government, Damiano Sabido and Mariano Tabanbungua, natives and members of the police force of the said pueblo of San Miguel, did, while still pursuing peaceful pursuits as said policemen, and contrary to the laws and usages of war in such cases made and provided, participate in an attack upon three United States soldiers, members of Gordon's Detachment of Mounted Infantry, by then and there shooting at the said United States soldiers, with guns held in the hands of the said Damiano



1112 AFFAIRS IN THE PHILIPPINE ISLANDS.

Sabido and Mariano Tabanbungua, and which said assault, so made as aforesaid, resulted in the death, by gunshot wound, of two American horses, then and there ridden by the members of the said detachment of three United States soldiers."

PLEA.-"Not guilty."

FINDINGS.-Of the first specification, "guilty, except the words 'made and provided,' and except the words 'of the said Damiano Sabido and Mariano Tabanbungua,' substituting for the latter the words 'of members of the attacking party;' of the excepted words, not guilty; of the substituted words, guilty." Of the second specification, "guilty, except the words 'made and provided,' and except the words 'of the said Damiano Sabido and Mariano Tabanbungua,' substituting for the latter words 'of members of the attacking party;' of the excepted words, not guilty, and of the substituted words, guilty." Of the charge, "guilty."

SENTENCE.-And the commission does therefore sentence him, Damiano Sabido, "To be confined at hard labor, at such place as the reviewing authority may direct, for the period of twenty years."

And the commission does therefore sentence him, Mariano Tabanbungua, "to be confined at hard labor, at such place as the reviewing authority may direct, for the remainder of his natural life."

In the foregoing case of Damiano Sabido and Mariano Tabanbungua, natives, it appears from the evidence that the accused were regularly appointed policemen of the pueblo of San Miguel under American authority, and that while so employed they were members of a band of insurgents lurking in the vicinity of the said pueblo, and on two occasions secretly joined said band and, contrary to the laws of war, traitorously participated in an attack made upon American troops, resulting in the death of one and the wounding of two other American soldiers.

Being war traitors of a most dangerous class, their sentences, approved by the department commander, are confirmed and will be duly executed, except that the period of confinement in the case of Mariano Tabanbungua is upon the recommendation of the department commander mitigated to confinement at hard labor for the period of twenty (20) years.

The Presidio de Manila is designated as the place of confinement, to which place the prisoners will be sent under proper guard.

By command of Major-General MacArthur:

THOMAS H. BARRY,
Brigadier-General, U. S. Volunteers, Chief of Staff.
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