Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-14
CHAFFEE D|SPLEASED
Comment on Waller and
Days Cases.
RECORD OF THE TRIALS
STRONG DISAPPRoVAL OF RE-
VIEWING AUTHORITY.
Burden-Bearers Were Executed on Sus-
picion of Fever-Stricken and
Exhausted Men.
RECORD OF THE TRIALS

Major Littleton W. T. Waller and Lieuten-
ant John Horace Arthur Day of the ma
rine corps. growing out of the killing of
some native bearers, or cargadores. in
Samar. The charge against Major Waller
was murder in violation of the 5Sth arti-
Gle of war;
The specification was in that Maj. Wal
Ter, United States marine corps, being then
and there detached for service with the
United States army by authority of the
President of the United States, did, in time
of war. willfully and feloniously and with
malice aforethought murder and kill eleven
men, names unknown, natives of the Phil
ippine Islands, by ordering and causing his
subordinate officer under his command,
John Horace Arthur Day, United States
marine corps, and a firing detail of enlisted
men under his command to take out the
said eleven men and shoot them to death,
which said order was then and there car
ried into execution, and said eleven natives,
and each of them, were shot with rifles,
from the effects OF which they then and
there died. This at Basey. Island of Sa-
mar. P. l. on or about the 10th of January,
1892"
The plea in answer was Ito the specifca-
tom Guilty" except the words "willfully
and felOniously and with malice afore-
thought, murder and; to those words Not
guilty. To the charge Not guilty"
The court found the facts as charged
upon the specifications, except the words
willfully and feloniously and with malice
aforethought, murder but attached no
criminality thereto. and of the excepted
found the defendant not guilty. The court
also found the defendant not guilty of the
charge. and therefore acquitted him.
Gen. Chaffee's Review.
Gen. Chaffee in reviewing the case says:
in this case Justice to the military service
of the United States common fairness to
the hapless natives whom the accused, Ma
jor Littleton W. T. Waller, L. 8. NJ c.,
sent to their death, and the need that this
act. which partOok more of unlawful re-
taliation 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 today to their dis
credit, demand that the finding and acquit-
tai shall not meet with unqualified ap-
proval In the opinion OF the reviewing
authority the evidence is opposed to the
finding of the court.
Appealing to the facts of record it ap-
pears that the accused in an attempt to
lead a detachment of his command, con-
sisting of four officers, sixty-four enlisted
men, two guides and thirtythree "carga-
dores" (burden-bearers) from east to west
across the Island of Samar in search of
the enemy found himself about mid
way of his course in the heart of an I'M
inhabited section without rations and with
out medical attendance, the strength of his
men reduced in vitality by exposures to
frequent rain. by the hardships of the
march over rocky lodges, mountainous
spurs, cutting their way through many
otherwise impenetrable jungles.
Not the Fault Of the Natives.
ITO turn back or press forward was now
equally perilous for the command. Taking
fifteen Of his strongest men and ten carga-
dores with him. the accused went forward
i,,,
of the command with like purpose, turned
back upon the train, taking six men and
six cargadores. and leaving instructions
with the only remaining officer now with
the main body to follow. Both relief par
ties reached their separate destinations
without the loss of life, but the weaker
men. left behind. were too far spent to
make hopeful progress
Ihelr SHOES were worn away, their cloth
ing hung in tatters. many were stricken
with fever, their feet bruised and bleeding
their bodies lacerated by thorns, and add
ing to their wretchedness, the leeches which
abound, attacked and greatly aggravated
their exposed wounds. If any blame at
taches for these deplorable results, so far
as they had developed before the return
march commenced. it did not rest with the
executed men.
Suspected the Burden Bearers
Both relief parties exerted themselves to
return or send back succor to their more
unfortunate comrades. one party finally sue
ceeding The survivors. 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 the two weeks the survivors had sub
sisted upon edible roots and fruits but
these were not abundant, nor 1t NAV be
assumed, were they nourishing to the
marines as to the natives.
10 the cry for food, the cargadores II
Is aNedged, did not efficiently respond and
the suspicion arose in the minds of the
starving men that the cargadores were
continuing at their destruction-a suspicion
not warranted by the actual facts as they
now appear of record. So suspecting If
can be understood why, in their weakened
mental and physical condition the men
after their rescue, cried out for the Dunish
ment OF the cargadores. to whose failure
TO obtain suft1cient supplies of food they at
tributed all their sufferings. Their officers
from their sick bed, voiced the revenge
ful anger of their men in a telephone mes
sage to the accused, then at Basey advis
ing that the cargadores be killed
The accused received this message while
himseif SICK and PROSTATE from fever and
suffering acute pain in body due to expo
sure and exertion in behalf o fhis men. and
from mental anguish concerning their long
doubtful fate. The cargadores were Dlaced
under guard, sent around by boat TO Ra
sey, ana denVered to the accused. who,
and upon the briefest inquiry. executed ali
against whom the cry OF retaliation had
been raised W
The Victims Were Faithful.
With the exception OF three who de-
serted no overt acts were committed by the
cargadores. 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 impressive way such serv-
Ices as deepens the conviction that with
out their assistance many of the marines
VINO now survive would also have persisted
Summary Executions.
While the evidence from which the pre-
ceding conclusion readily flows was not be-
fore the accused, who can only rightfully be
judged by what he knew when he issued
his fatal order. still II remains true that IL