The daily morning journal and courier., 1902-05-26
CASES OF WALLER AND DAY
THEIR ACOUITTAL DESTROYED BY REVIEWING AUTHORITY.
Latter Declares the Sentences of the Na- lives to Death PartooIx More of Un- lawful Retaliation Than Justiflablo Action of War Waller Assumed the Powers Of War without Direction From His Com III n nder.
From His Com ma n der.

From His Commander.
 Manila, May 25.-The official findings of the court-martial which tried Major
 l.. W. T. Waller and Lieutenant John H. A. Day. of the marine corps, for ex-
 ecuting negroes of the island of Samar without trial, have been made public. The reviewing authority of the court, Major General Adna R. Chaffee, com mander- in- chief of the American forces in the Philippines, has expressed disap- proval of the courts finding in both cases.
 Referring to the case of Major Wal Ter, the reviewing authority says: The sentencing of the natives in question to their death partook more of unlawful retaliation than justifiable act of war. In justice to the American military ser- vice the findings of acquittal demand that they shall not meet with unquali- flied approval. The marines in Samar underwent great suffering before their rescue and their officers, from their sick beds voiced the revengeful anger of the men who telephoned to Major Waller advising that the stevedores be killed Major Waller received this mes SdSG w nl1e Ile was SlCh, pIOSlldlt HUH a fever, suffering acute pain of body due to exposure and his exertions in be- half of his men, and mental anguish concerning their fate, which had long been in doubt. Major Waller at the time was In telephonic 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 ex- ecution of his unrestrained will he as- sumed the power of the laws of war and the customs of the service confer red 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 are approved But the reviewing authority Is at loss to understand why the court did not find against Ma jor Waller in the minor offense With the exception noted, the acquittal as it appears in the record of the proceed ings is disapproved.
 Referring to the case of Lieutenant Day, the reviewing authority says: "The accused knew that for three weeks Major Waller had undergone 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 sub ordinate officer in wilfully disobeying an order of his commanding officer still, the weighty reasons rela ted, with which Lieutenant Day was acquainted so tainted Major Walters order that Lieu tenant Day should have been prompted to positive disobedience. An officer must be conscientiously regardful of the 1 unquestioned legality of his agency in | taking the lives of his felow-men. Above and beyond all personal consid- | erations officers must guard the name | and honor of his country. Had Lieu tenant Day been actuated by such mo- tives he would have probably prevented | one of the most regrettable incidents in the annals of the military service of the United States"