The Minneapolis journal., 1902-07-15

THE MURDER OF NATIVES.
cHAFFEE ON THE Waller CASE
Why the Findings of the 4Court-NInr-
tial Were Disapproved by
the Commander.

. (. E f-~ ( : + = . =. :
Washington, July is. - The incoming
Philippine mail brings the full printed
record Of proceedings in the court martial
cases of Major Lyttleton w. IT, Waller
and Lieutenant John Horace Arthur Day
of the marine corps, growing out OF the
killing Of some native bearers In Samar.
The famous case Of Major Lyttleton w.
T. Waller, of the marine corps. accused
Of murder in having ordered the execution
of eleven natives of Samar, is reviewed
! by General Ghaffee, who says: !.
In justice to the military service OF the
United States, common fairness to the hap
( less natives whom the accused sent to their
death, and the need that this act, which
partook more of unlawful retaliation than
justifable act Of war. shall not pass into
an approved precedent to be followed by
any among the many young officers Of the
| service to-day, to their discredit. demand that
the finding and acQuittal shall not meet with
unqualified approval. In the opinion OF the
reviewing authority the evidence Is opposed
| to the finding of the court. 81 /:
The survivors of the march across samar
when rescued had been reduced to the verge
OF death, some being delirious, and all pitiful
objects of commiseration, and ten OF their
comrades had been left dead or dying along
the trail For two weeks the survivors had
| subsisted upon edible roots and fruits. 4, To
! the cry for food, the cargadores, 1t is al
| legged, did not efficiently respond, and the
suspicion arose in the minds of the starving
| men that the cargadores were conniving at
| their destruction, a suspicion not warranted
| by the actual facts they now appear Of
| record. - y =
| So suspecting, it can be understood why,
in their weakened mental and physical con-
| dtion, the men, after their rescue cried out
| for the punishment Of the cargadores, to
| whose failure to obtain sufficient supplies
| trih tod oil al
| Their officers, from their sick beds, voiced
| the revengeful anger of their men in a tele-
| phone message to the accused then at Basey,
advising that the cargadores be killed. The
| accused received this message while himself
| sick and PROSTATE from fever and suffering
| acute pain of body, due to exposure and ex-
erton in behalf of his men, and from mental
anguish concerning their long doubtful fate.
! The cargadores were placed under guard,
sent around by boat to Basey and delivered
| to the accused, who, upon their arrival, with
out form of trial and upon the brlefest In
uuiry executed all against whom the cry OF
| retaliation had been raised. @
| With the exception Of three who deserted,
| no overt acts were committed by the carga-
dores; on the contrary, those sent to their
| death continued to the last to carry the
| arms and ammunition of the men after they
| were no longer able to bear them, and to
render in their impassive way, such services
as deepened the conviction that, without
their assistance, many Of the marines who
now survive would also have perished.
In this instance there was no overwhelm-
ing necessity, no impending danger, no i'm
perative 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 commander, but deliberately chose
not to consult him regarding his ~contem-
| plated action.
Giving heed to the combination of influences
| which affected the mental attitude of the
| accused, so much of the finding upon the
| specification and the charge as hnds him not
guilty of murder Is approved
After careful consideration of the evidence,
the reviewing authority is. however, at,
loss to understand why the court did not
find minor included offense, and, being OF
the opinion that there has been miscar-
rage of justice in this case, the finding,
| with the exception noted, and the acquittal,
as, it appears of record, are disapproved. -
| In reviewing the case Of First Lieu
tenant John Horace Arthur Day of the
marine corps, also charged with murder In
that he carried out the orders OF Major
Waller to execute the eleven natives,
General Chaffee declares that the accused
knowing that Major Waller when he gave
the order was too Ill to be wholly re-
sponsible, should have declined to obey
commadns so opposed to military law and
practice.
All officer must not only be conscientiously
regardful of the unquestioned legality of his
, agency in taking the lives of his fellow men
but above and beyond all personal considera-
tions he must guard the good name and hon
or of his country. Had Lieutenant Day been
actuated by such high considerations, he
could have acquitted himself of all RESPONSE
bility for and probably have prevented one
of the most regrettable incidents in the an
nails of the military >service Of the United
States.
The finding of the court-martial-not