LUKBAN
Court martial
Two other controversial figures in the war in Samar , Brig . Gen . Jacob Smith and Maj . Littleton Waller , did not go unscathed . Waller was accused of murdering 11 native porters after his failed march across the jungles of Samar in pursuit of suspected rebels . While he admitted to giving the execution orders , he would not accept that he was a murderer “ in violation of the 58 th article of war .”
The court martial would not have taken place if word of the execution of the natives did not reach Maj . Gen Chaffee in Manila . Already in trouble with Governor Taft for his military policy , Chaffee at once queried Brig . Gen . Smith , who started the official investigation that led to Waller ’ s arrest and court-martial . This on March 17 , 1902 , barely a month after Lukban ’ s capture .
Waller was defended by Cdr Adolf Marix , USN , Maj Edwin F . Glenn , 5th US Infantry , and one Mr . Oscar Sutro , of whom nothing is found in the records . Senior Member of the Court was BGen William H . Bisbee , USA . In addition to seven Army officers ranging from colonel to captain , the Court comprised six Marines , including Maj . William P . Biddle and Capt . Eli C . Cole .
Waller ’ s defense maintained that he was not only acting completely within his authority as area commander in time of war and under martial law ( as opposed to military law ) within the terms of General Order Number 100 , but his act was fully justified by the circumstances and was defended by national and international precedents .
But now an Army major named Kingsbury , who was Judge Advocate prosecuting , called Smith as a witness for the prosecution . At the witness stand , Smith was his usual irrepressible self . After Kingsbury was able to establish that Smith had not seen Waller ’ s original operations order , particularly , the last paragraph that stated : “ We have also to avenge our late comrades in North China-the murdered men of the Ninth United States Infantry ,” Smith could not help himself . He added that that the massacre at Balangiga was actually ‘ defensible ’ under international laws of warfare .
This was too much for defense . Calling Waller to the stand , his counsel asked him to describe the original conference with Gen Smith , the one that had inspired the now questionable operations order . Waller told the Court that in front of witnesses that Smith had stated to him , “ I want no prisoners ,” and “ I want you to kill and burn . The more you kill and burn , the better you will please me .”
Waller then testified that Smith wanted all persons killed “ who
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