Waterbury Democrat., 1902-05-26
ACTION DISAPPROVED
Acquittal of Waller and Day
 Not Warranted.
FINDING OF MANILA TRIAL PUBLISHED
Marines In Samar Not Guilty of Mur- der, but Blamed by Review ing Authority For Cruel
 ties to Natives.

MANILA, May 26.-The official find ings of the court martial which tried Major L. W. T. Waller and Lieutenant JoLn II. A. Day of the marine corps for executing natives of the island of SamaF without trial have been made public. The reviewing authority of the court has expressed it's diSapproval of the courts findings in both cases.
 Referring to the ease of Major Wal Ter, the reviewing guthority says:
 ''The sending of the natives in ques- tioH to their death partook more of un- lawful retaliation than justifiable act of war. In justice to the American military service, the findings of acquit- tai demand that they shall not meet with unqualified approval. The ma rines in Samar underwent great suf- fering before their rescue, and their officers from their sickbeds voiced the revengeful anger of the men, who telephoned to Major Waller advising that the stevedores be killed.
 Major Waller received this message while he was still prostrate from fe yer, suffering acute pain of body, due to exposure and his exertions in behalf of his men and mental anguish con- cerning their fate, which had long been in doubt. Major Waller was at the time in telegraphic communication with General Smith, who commanded the American forces in Samar, but he deliberately chose not to consult Gen eral Smith regarding his contemplated action, and rather than forego the exc f.fTfi 0f h ic ina hn oC sumed the power the laws of war and the customs of the service confer upon commanding officers only in time of war
 Giving heed to the mental attitude of Major Waller, as much of the find ings of the court as are to the effect that Major Waller is not guilty of mur- der is approved but the reviewing au- thority is at a loss to understand why the court did not find against Major Waller in the minor offense. With the exception noted the acquittal as it ap- pears in the record of the proceedings is disapproved.'
 Referring to the case of Lieutenant Day, the reviewing authority says:
 ''The accused knew that for three
 
 test of his mental and physical endur ance such as few men are called upon to suffer- While fully conceding the grave responsibility assumed by a sub ordinate officer in willfully disobeying an order of his commanding officer, still the weighty reasons related, with which Lieutenant Day was acquaint- ed, so tainted Major Walters order that Lieutenant Day should have been prompted to positive disobedience. An officer must be cQnscientiously re- gardful of the unq1estioned legality of his agency in taking the lives of his fellow men. Above and beyond all personal considerations, officers must guard the name and honor of the coun- try. Had Lieutenant Day been actu- ated by such considerations he would probably have prevented one of the most regrettable incidents in the an- nals of the military service of the United States
 The cholera record up to date is as follows: Manila, LAG cases and 619 deaths; the provinces, 3,922 cases and 2,774 deaths