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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