The Savannah morning news., 1902-05-26
WALLER AND DAY
FINDINGS IN BOTH CASES ARE DIS
APPROVED.
a DARK SPOT IN OUR HISTORY.
CIRCUMSTANCES DID NOT JUSTIFY
THEIR ACTIONS.

Gen. Chaffee Finds Severely Against
Them-WaIIer Was liz BAD Mental
and Physical Condition at Time,
but Had Telephone Communion
ton with Gen. Smith, Whom He
should Have Consulted Before Or
dering Execution of NRtiVes-Lieut.
Day Censured for Carrying Out
walters Orders.
Manila, May 25.-The official findings
of the court-martial which tried Mai.
L. w. T. Waller and Lieut. John H. A.
Day of the Marine Corps for executing
natives of the Island of Samar without
trial have been made public. The re-
viewing authority of the court, Mai.
Gen. Adna R. Chaffee, commandments
chief of the American forces in the
Philippines, has expressed disapprovaI
of the courts findings ill both cases.
Referring to the case of Maj. Waller,
the reviewing authority says:
The sending of the natives in ques-
ton to their death partook more of
unlawful retaliation than justifable
act of war. In justice to the Amer
lean military service the findings of
acquittal demand that they shall not
meet with unqualified approval The
marines in Samar underwent great suf-
fering before their rescue, and their Of
1cers from their sick beds voiced the
revengeful anger of the men who tele-
phoned to Maj. Waller advising that
the stevedores be killed. Maj. Waller
received this message while he was
sick, PROSTATE from fever. suffering
acute pain of body due to exposure
and his exertions in behalf of
his men, and mental anguish concern
ing their fate, which had long been
in doubt. Maj. Waller was at the time
in telephone communication with Gen.
Smith, who commanded the American
forces in Samar, but he deliberately
chose not to consult Gen. Smith re-
garding his contemplated action, and
rather than forego the execution of his
unrestrained will, he assumed the
power the laws of war and the customs
of the service confer upon command
ing officers only in time of war
Giving heed to the mental attitude
of Maj. Waller, as much of the find
ings OF the court as are to the effect
that Maj. Waller is not guilty of MUIR
der are approved. But the reviewing
authority is at a loss to understand
why the court did not find against
Maj. Waller in the minor offense. With
the exception noted, the acquittal, as
it appears in the record of the proceed
ings, is disapproved.'
Lieut.. Day Censured.
Referring to the case of Lieut.. Day,
the reviewing authority says
The accused knew that for three
weeks Maj. 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 a sub
ordinate officer in wilfully disobeying
an order of his commanding officer,
still an officer must be conscientiously
regardful of the unquestioned legality
of his agency in taking the lives of his
fellowmen. Above and beyond all per-
scnal considerations, officers must
guard the name and honor of the
country. Had Lieut. Day been actua-
ted by such considerations he would
probably have prevented one of the
most regrettable incidents in the an
nails of the military service of the
limited StateS.n