The Washington times., 1902-07-15
CHAFFEE'S VIEWS OF
The WALLER VERDICT
Scores Military Court Sc
verely for Findings.
NOTHING TO JUSTIFY VERDICT
Even Though Not Guilty of Murder,
Minor Offense Should Have Been Re-
ported Against Marine Officer-Jus-
tice Miscarried.

Press cables from Manila gave but a
small portion of the findings in the trial
of Major Waller for murder and the
caustic comment of Major General Chat
fee upon the courts work and upon the
acts of the accused. The text in its en-
tirety was made known yesterday when
the mail arrived from the Philippines.
General Chaffee devoted several thou
sand words to expressing his opinion of
Waller and of the court which, from his
point of view. failed to do its duty He
says in his peroration:
I'm this case justice to the military
service of the United States, common
fairness to the hapless natives whom
the accused. Major Littleton w. T. Wal
Ter, U. S. Marine Corps, sent 10 their
death, and the need that the act, which
partook of unlawful retaliation. an ul-
justifiable act of war. shall not pass
into an approved precedent to be fol-
lowed by any among the many young
officers of the service today. to their
discredit, demand that the finding and
acquittal shall not meet with unquali
fed approval. In the opinion of the re-
viewing authority the evidence is op-
posed to the findings of the court"
Suspicion Not Warranted.
General Chaffee, in graphic recital,
portrays the sufferings to which Waller
and his men were subjected. To the cry
for food the cargadores, It is alleged, did
N afftrianflv ha
picion arose in the minds of the starv-
ing men," he continues. that the car
gadores were conniving at their destruc-
tion; suspicion not warranted by ac-
tuai facts as they now appear on record.
While the evidence from which the
preceding conclusion readily flows was
not before the accused, who can only
be rightfully judged by what he knew
when he issued his fatal ORDER still II
remains true that 1t was his imperative
duty to have fully informed himself with
respect thereto and also TO have con-
fined his action within his undoubted
legitimate power
THE execution of individuals and
bands of men OF the enemy, by summary
means. Is authorized by the laws OF war
and rests in the discretion of any COM
manding officer on the spot In certain
urgent cases: but the laws do not sane
ton. and the spirit of the age will not
suffer, that any officer may, upon the
dictates of his own will infict death
upon helpless prisoners committed to
his care. Any other view looks to the
method of the savage and away from
the reasonable demand of civilized ma
fiOng that cha1l ha Tod 10 !,
the least possible cruelty and injustice.
Nothing to Justify Cruelties.
in this instance there was on the
part OF the American army no impending
danger. no imperative interests, and on
the part of the executed natives no
overt acts to Justify the summary course
pursued. The accused was in telephone
communication with his brigade com
mander but deliberately chose not to
consult him regarding his contemplated
action.
Rather than forego the execution of
his unrestrained Will he assumed the
power that the laws of war, as modified
by the military laws OF the United
States and the customs of the service.
confer only upon q commanding officer
In time of war and on the field OF mill
tary operations. The necessity and wis
dom of this reservation in the Law is
clearly exemplified in this case.
In view OF the foregoing, and giving
heed TO the combination of influences
which affected the mental attitude of
the accused so much of the finding upon
the specification and charge as find him
not guilty of murder is approved.
A Miscarriage of Justice.
After careful consideration of the ev-
idence the reviewing authority is. how
ever, at n loss to understand why the
court did not find a minor included Of
fense. and being of the opinion that
there has been a miscarriage of justics
in this case, the finding, with the excep-
tiOn noted. and the acquittal. as it ap-
pears of record. are disapproved.
General Chaffee entirely disapproves
the finding in the case of Lieutenant
Day, save where the court indorsed his
lction in personally putting to death
ative who had only been wounded by
ne firing squad. General Chaffee says:
The higher principles Of military law
and the law martial have in this case
been grossly violated