Rensselaer Journal, Volume 11, Number 51, Rensselaer, Jasper County, 29 May 1902 — MAJOR WALLER IS HELD GUILTY [ARTICLE]

MAJOR WALLER IS HELD GUILTY

General Chaffee Disapproves Findings of the Court-Martial. General Chaffee has disapproved the action of the court-martial in acquitting Major Waller and Lieutenant Day of the charge of killing nar tives of Samar without legal process. General ChafTee says the verdicts are a miscarriage of justice and the findings are opposed to the evidence. He holds that while the laws of war justify summary executions in certain cases, such cases did not arise in this Samar campaign. A minute review of the record leads him to decide that justice to the military service and common fairness to the helpless natives whom Waller sent to their death, his acts partaking more of unlawful retaliation than justifiable warfare, make the case one that should not become an approved precedent for young officers. However, considering the mental condition of Major Waller, so much of the findings as declare the accused not guilty of murder are approved. Lieutenant Day is censured because, though he knew Major Waller’s condition, he did not counsel delay. Instead, he seconded Major Waller’s resolve and promptly executed orders, which, under the circumstances, he should have disobeyed, thus guarding the honor of his country and probably preventing one of the most regrettable Incidents in the history of American military service.