The evening Republican., 1902-05-26
ACTION DIS!;APPR0VED::
Acquittal Of Waller and Day
Not Warranted.
FINDING OF MANILA TRIAL PUBLISHED
Marines In Samar Not Guilty Of Muir.
der, lNt blamed by Review.
ing Authority For Cruel
ties to Natives.

ties to Natives.
MANITsA, May 26.--The official find
ings of the court martial which tried
Major l.. w. r. Waller and Lieutenant
John II. A. bay Of the marine corps
for executing natives of the island OF
Samar without trial have been made
public. The reviewing authority of
the court has expressed its disapproval
of the courts findings in both cases.
Referring to the case of Major Wal
Ter. the reviewing authority says:
"The sending of the natives in ques-
ton to their death partoOk more of I'M
lawful retaliation than justfiable act
of war. In justice to the American
military service, the findings of acqult-
tai demand that they shall not meet
with unqualified approval. The ma
rines in Samar underwent great suf-
fering before their rescue, and their
officers from their sickbeds voiced
the revengeful anger of the men, who
telephoned to Major Waller advising
that the stevedores be killed.
Major Waller received this message
while he was still PROSTATE from fe-
yer, suffering acute pain of body, due
to exposure and his eXertions in behalf
Of his men and mental anguish con-
corning their fate, which had long been
in doubt. Major Waller was at the
time in telegraphic communication
with General Smith, who commanded
the American forces in Samar, but he
deliberately chose not to consult Cen
eral Smith regarding his contemplated
cution of his unrestrained will he as
sumed the power the laws of war and
the customs of the service confer upon
commanding officers only in time Of
war.
"Giving heed to the mental attitude
of Major Waller, MS much Of the find
ings Of the court as are to the effect
that Major Waller is not guilty of muir
der is approved, but the reviewing au-
thority is at Il loss to understand why
the court did not find against Major
Waller in the minor offense. With the
exception noted the acquittal as it ap-
pears In the record of the proceedings
is disapproved."
Referring to the case of Lieutenant
Day, the reviewing authority says:
"The accused knew that for three
weeks Major Waller had undergone Il
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 willfuly disobeying
an order of his commanding officer
still the weighty reasons related, with
which Lieutenant Day was acquaint-
ed, SO tainted Major Walters order
that Lieutenant Day should have been
prompted to positive disObedience.
An officer must be conscientiously re-
eardful of the unquestioned legality
of his agency in taking the lives of his
fellow men. Above and beyond all
personal considerations, officers must
guard the name and honor of the coun-
try. Had Lieutenant Day been actu-
ated by such considerations he would
probably have prevented one of the
NEST regrettable incidents in the an
nails of the military service Of the
United States"
The cholera record up to date is as
follows: Manila, LAG eases and G19
deaths; the provinces, 1922 cases and
2,774 deaths.