Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-05-26
WALLER AELD gully.
Gen. Chaffee Sets Aside the Ver-
dict OF the Court
Martial.
Says Findings OF the Court We're
Not in Accordance With
Evidence.
That Part Declaring Waller Not
Guilty Is, However, APP
proved.

Manila, May 26.-Gen. Chaffee has
disapproved the action of the court
martial in acquitting Major Waller and
Lieutenant Day OF the charge OF killing
natives of Samar without legal pro-
cess.
General Chaffee says the verdicts are
a miscarriage OF justice and the tind-
ings are opposed to the evidence. Ike
holds that While the laws of war justi-
fy summary executions in certain cases
did not arise in this Samar campaign.
A minute review of the record leads
him to decide that justice TO the mill
tary service anu common fairness 10
the helpless natives whom Waller sent
TO their death his acts partaking more
of unlawful retaliation than justilaple
warfare, makes the case one that
should not become an approved prece-
dent for young officers.
However, considering the mental
condition of Major Waller, so much OF
the findings as declare the accused not
guilty of murder are approved.
Lieutenant Day is censured because
tho he knew Major Walters condition,
he did not counsel delay. Instead, ne
seconded Major Walters resolve ana
nromptly executed orders, which, under
tha circumstances, he should nave dis
obeved thus guarding the honor OF ms
country and probably preventing one
of the most regrettable incidents III the
b,storv of the American military serv-
ic
Referring TO the case of Major wal
lar the reviewing authority says:
"rhe sending of the natives in ques-
tion TO their death partook more Oh uh-
lawful retaliatio than justiilable dc'
of war. In Justice to the American MI
itary service the findings oil aeauit'a
demand that they SHAH not liiee' WIZ
unqualified approval.
"The marines in Samar underwear,
great suffering before their rescue, anu
their officers, from their SICK Deus
voiced the revengeful anger OF the men
who teIephoned to Major Waller, adVis-
ing that the stevedores be killed.
"Maior Waller reviewed this message
while he was sick, PROSTATE Win ieNet
suffering acute pain of body, due 10 eA,
,os,1re and his exertions in behaii o.
h,s men and metnal anguish conceriilne
their fate. which had long peeh ~
doubt. ~ .;roe II
| ..,o,l,o,ic communication with e'eheI"
! S,,,ith who commanded the Afnericai
forcas in Sanar but he deilperatei!
e,osa not to consult General Sm''h re
,,a,dine his contemplated action, ahu
r,tbar than forego the execution OF ~
unrestrained will, he assumed 'i,e ~"
ar the laws of war and the customs
/ the service confer upon coiiii'iaiiu''''
officers only in time of war;
/ "Giyins heed to the mental a.ti.ua
Of Major Waller, as much Oh .tle M"
ings of the court as are 10 .he eiies
/ ~ Maio, I7aller is not guilty OF mur
Ger are approved. But the reNie"lh
anthoritv is at n loss to undefstah
NV the court did not find against Ma
10, in the minor offense. With the eA
lcention noted the acquittal. as II ap
nears in the record of the proceeoiiiss
is disapproved.
Referring to the case of Lieutenan
Day. the reviewing authority says:
"rhe accused knew that Tor thre
vaeks Major Waller had undergone
.aet of his mental and physical endul
onoe such as few men are called upo
to suffer.
.sWhile fully conceding the grave re
snonsiblity assumed by a subordinat
officer in willfully lisobeying an ofde
OF his commanding officer sun III
weiehty reasons related with Whlc
Lieutenant Day was acquainted
tainted Major Walters order that Lieu
tenant Day should have been prompte
: to positive disobedience.
: AN officer must be conscientious
,.apardful of the unquestioned legall
Of his agency in taking the lives OF
, follow men. Above and beyond all pei
sonal considerations, officers mu
.,ard the name and honor of the cour
try. Had Lieutenant Day been act'
! ated hy such considerations he propt
, nlv would have prevented one OF II
; most regrettable incidents in the anna
. Of the military service of the Unite
h States
!, The charges against Waller and Ds
were a result of the order of the form
for execution without trial of treache
y Gus guides, who had deserted par
= attempting to cross Samar. Several
the American soldiers died of privatio
others We're driven insane, and all su
fered severely for lack of water al
food Guns We're abandoned, and II
party was divided, and only by supe
G human efforts did any escape aliN
e Waller was in bad condition mental
II for several days after his escape.