Evening star., 1902-04-12
MAI. WALLER FLAYED
Judge Advocate Criticised
Conduct of Campaign.
LET HIS MEN PERISH
MAJOR KINGSBURY DECLARED
MILITARY LAW PREVAILED.
Defense Insisted Martial Law Was in
Force in the Dis
trict
LET HIS MEN PERISH

MANILA, April 12.-The Judge advocate,
Major Henry Z. Kingsbury, replied today
to the summing up before the court-martial
yesterday of Capt. Arthur 7. Mark repre-
senting Major Littleton w. T. Waller, who
is being tried for executing natives of Sa-
mar without trial. Major Kingsbury made
an eloquent address. He contended that
Major Waller was under military and not
martial law. and that there was nothing I'm
the conduct of the men who were shot de-
serving of such punishment. The judge ad-
vocate blamed Major Waller himself for
the disasters which befell the marines and
accused him of abandoning ten helpless
comrades, whose bones were now bleach
ing on the banks of the Lanang." to die Of
hunger.
The Judge advocates denuncation Of the
methods by which the prisoners who were
to be shot were chosen was dramatic.
Private Davis the Arbiter
They were lined up. he said. "for the raf-
fle of death, at the sole will and pleasure
of Private Davis, a marine who was Judge
and prosecutor" He referred to Davis
testimony in terms of withering scorn. ac-
cused Maj Waller of listening to the die
tates of ambition and not to the dictates OF
duty; asserted that the natives. according
" lHt dCleu IN many instances IN
a highly commendable manner, and declar-
ed that their faithfulness and not their
treachery had been disclosed before the
court.
Capt. Mark requested permission to make
short reply. He protested strongly
against criticism of the way in which Mai.
Waller had conducted the campaign. which,
he said, was outside the case, and again in
sisted that martial law ruled by the mere
nature of the conditions.
The court deliberated less than half an
hour. No decision was announced.
Major Littleton W. T. Waller of the Marine
Corps, who is being tired by court martial
on the charge Of executing Samar natives
without trial, addressed the court today
The major said he was either right or
wrong in his actions, and added that he de-
sired to cite five precedents which came
under the head of his own case. He allud-
ed to the naval battle at Santiago and the
humanity he had shown to Spaniards who
were captured, and said he had many let
ters from Spaniards thanking him for the
! kindness he had shown them.
Continuing. the major said that in 1882
he was with the British forces in Egypt
where Arabs captured pickets of Bengal
Cavalry, decapitated the prisoners and
placed their heads on poles. Afterward all
the Arabs who wire caught We're shot WITH
out trial. During the campaign i'm China
the Chinese mutilated the dead and tortured
the wounded to death. Consequently. when
Boxer or fanatic was captured he was
executed Immediately, without reference.
This was true in the case of the troops OF
every nation in China. Ii was true during hs
three weeks he commanded the Americans
there But the same thing occurred later
when he no longer In command Nc
protest was made, and he had every right
TO believe that his acts were approved Sc
far as dhe American forces were concerned.
He knew they We're approved by those of
other nations.
1T is impossible to conceive such treach-
|. cry that of the natives of Samar." said
the major. They revel in blood and have
an appetite for wanton sacrilege of the
human body. These iends stole Captain
CornelIs class ring. filled the soldiers
bodies with jam and jelly and attempted
to murder my command. / shot them.
honestly thought then that / was right,
and l believe now. Neither my people
nor the world will believe me to be a mur-
derer."
Captain Arthur T. Marks Marine Corps,
representing Major Waller, in forceful ar
gTment, maintained that Walters actions
were justified by martial law. quoting nu-
merous authorities on the subject. Cap
tain Mark said he regretted very much
that the prosecution had seen fit to call
General Smith. He claimed that all the
testimony Went to show that the major was
justified.
At the close of the arguments for the de-
fense, the general feeling was that the re-
suit of the trial will be the acquittal of the
major.
The Judge advocate, Major Henry p.
Kingsbury of the Sd Cavalry will reply to-
morrow