LUKBAN
were capable of bearing arms .” When Waller asked him what age limit he should respect , he was told ten years ! Further , before Waller ’ s final assault against the Sohoton stronghold , he had received a message from Smith ordering , “ You will make the interior of Samar a howling wilderness !”
The evidence was terribly damning to Smith , the more so because Waller obviously had employed great restraint throughout the campaign in carrying out such desired retribution . As Porter testified - and he was witness to the conference - Waller later told him in reference to the order to kill ten-year-old insurgents , “. . . we are not making war against women and children , Porter ; we are making war against men capable of bearing arms .” And when in Court the Major was asked , “ Why did you take prisoners . . . when you had specific orders not to take them ?” he replied , “ I have been twenty-three years in the service ; I have served with almost every army in the world ; and I know the laws of war , sir .”
The subsequent statement of Waller seemed to have swayed the court in his favour . “ As the representative officer responsible for the safety and welfare of my men , after investigation and from the information I had , considering the situation from all points I ordered the eleven men shot . I honestly thought I was right then , I believe now that I was right . Whatever may happen to me I have the sure knowledge that my people know , and I believe the world knows that I am not a murderer .”
After lengthy deliberation the Court agreed : Major Littleton W . T . Waller , USMC , was acquitted . So was his co-accused , Lt . John Day .
Although the Court ’ s decision was denounced by the local reviewing authority , it was upheld by the Judge Advocate General of the War Department , who also ironically concluded that Waller ’ s original plea “ in bar of jurisdiction ” was valid . Therefore , he ruled , “ the court-martial acted without jurisdiction and . . . its proceedings are , for that reason , null and void …”
But that was not the end of the affair . Under fire by important civilians for his Philippine policy , a thoroughly alarmed President Roosevelt immediately ordered “ a most thorough , searching and exhaustive investigation ” into Army policy in America ’ s newest possession . Less than a month after Waller ’ s trial , Chaffee was forced to court-martial five regular Army officers , one of whom was Brig . Gen Jacob Smith .
Found guilty of the charge , “ conduct to the prejudice of good order and military discipline ” -specifically , his retributive orders to Waller - Smith was sentenced “ to be admonished by the reviewing authority .” Elihu Root , however , in forwarding the case to the President , concluded that , despite Smith ’ s excellent military record , his action was inexcusable . Since he was going on 62 years of age , Root recommended Smith be retired . Roosevelt agreed .
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