The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-07-14
NOTHING TO JUSTIFY CRUELTY
Killing of Prisoners Unlaw-
ful and Unjustiflable.
THE VERDICT DISAPPR0vEb
Not Guilty Of Murder, But Some Minor
ofense Should Have Been Found.
Lieutenant Days T1iaI Also a Mis-
carriage Of Justice.

The findings in the cases OF Major
Waller and Lieutenant Day we're today
made public The comment Of the re-
viewing authority. Major General Chat
fee. is both severe and eniigbteElag. He
says
In this case justice to the military
service CT the United States, common
fairness 10 the hapIess natives whom
/ the accused. Major Littleton ". 7. Val
Ter, I. 5. Marine Corps. sent to their
death. and the need that the act, which
partook OF unlawful retaliation. an IN
justifable 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
diseredis. demand that tHe finding aRd
acquittai shall not meet With uuquaI5-
fed approval IN the opinion OF the re-
viewing authority the evidence IS op-
posed to the findings OF the court.
Suspicion Eot Warranted.
General Chafee. IN asgraphie recital.
portTays the sunerings 20 w1ich waller
ard his men were subjected. To the crv
for food the cagadores, It is alleged. dia
not efficiently respond, and the sus-
pieion arose il the minds CT the starr
ing men, he continues. ..tFst the car
gadores were conaiviEg al IEeir destruc-
ton; suspicion net warranted By az
taaI facts as they now appear on record.
While the evidence from wlilcs tbs
preceding conclusion readily flows vzs
not before the accused. who car eni-
be TightfCIly judged By what ne kbsw
when he issued his fatal order; sim il
remains true that il was MS Imperative
duty 60 have fully informed himself with
respect thereto and also 70 have cor
1iEed his action vf5hia his. 1D5srf.-ed
legitimate power
he execution OF individuals srs
DanS5 CT men OF the enemy bz e;.rp-7q-y
means, Is authorized BY the laws Of va
1ae rests n the discretion OF apy can
-IisilasiS oIacer cn the spot Il rs-tzfr
urgent cases; bus the laws do 77+ -
ton, and the s9irit Of tle - z-fII 7oe
suIer' mat any officer nay. UPON the
dicIates OF his oNt viii. iufiicz dea-3
upon helpless prisoners COMMITTEE -
his care Any Otae- vieer look - -
method OF the savage and away fr9r1
I ne reasonable demand O. civilized ~
? -r-.-.-
tIoIis tEst var shEiI be prosecu5e5 z+-3
the least possible c>ueIty ana iaiastics-
Nothing to Justify Cruelt:es.
In this instance there was c7 fbs
part OF The American army 10 irnna7ff,z
danger, no imperative interests. ana on
tie part Of the executed natives m
overt acts to Justify TIE summary co1--za
pursued TIE accused was in teIepb77i,
communication vita MS brizada con-
mandor hut deliberately chose r6t
consult him regarding his contemplated
action
Rather thaE forego the execution Of
his unrestrai1ed viii he assumed TIA
power that the laws CT war. as modified
By the military laws Of the I-n5+a5
states and the customs Of tie sa-vics
confer only upon q commanding re-=7oe-
n time Of war and on the fed y3s -.7iTf
-2Fy operations The necessity and Wis
-o4A o. tEis reservation il the law is
clearly eZempIi1ed II this casa.
IN view OF the foregoing and giving
heed 10 the combination Of i-le+-er,-ll,
which affected 5he mental attitt75a 81
-ile accused, so much OF the ending up9n
ne specification ard charge ss a.. sin
lot guilty of murder IS approved
! Miscarriage Of Justice,
After careful consideration OF the ev-
GeRee the reviewing authority is. how
yer, at loss 10 understand Why tha
curt did not fnd q minor included Of
ense, and being OF the opinion that
here has been q miscarriage of justice
4 this case, the finding, with the ezeep-
ION noted aad the acQuittal. as it ap-
'ears Of record. are disapproved.
General Chaffee entirely disapproves
ne finding in the case of Lieutenant
Jay, save where the court indorsed his
ersOnally putting 10 death q native
-hO had only been wounded by the firing
quad. General ChafTee says
The higher principles Of military law
nd the law martial have in this case
cen grossly violated"