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
152