March Across Samar - Aftermath

Aftermath

General Smith passed Waller's report of the executions to his superior, General Adna R. Chaffee. Chaffee decided to investigate these executions, despite General J. Franklin Bell purportedly having carried out similar executions on a much larger scale months before with no subsequent investigations.

Waller was brought up on charges of murder in ordering the execution of the eleven Filipino porters. A court martial began on March 17, 1902. The court-martial board consisted of 7 Army officers and 6 Marine Corps officers, led by U.S. Army General William H. Bisbee.

Major Henry P. Kingsbury, USA, the prosecutor, read the charge and specification.

CHARGE: Murder, in violation of the 58th Article of War. SPECIFICATION: In that Major Littleton W.T. Waller, United States Marine Corps, being then and there detached for service with the United States Army by authority of the President of the United States, did, in time of war, willfully and feloniously and with malice aforethought, murder and kill eleven men, names unknown, natives of the Philippine Islands, by ordering and causing his subordinate officer under his command, John Horace Arthur Day, 1st Lieutenant, U.S. Marine Corps, and a firing detail of enlisted men under his said command, to take out said eleven men and shoot them to death, which said order was then and there carried into execution and said eleven natives, and each of them, were shot with rifles, from the effects of which they then and there died. This at Basey, Island of Samar, Philippine Islands, on or about the 20th day of January, 1902. Waller's attorney, Cdr Adolf Marix USN, first argued, unsuccessfully, that the Army had no jurisdiction over him as he was still under Marine Corps command. From the court martial transcript:

"The specification does not allege that Major Waller is now detached for service with the United States Army, nor does it allege that due process against him for the offence was instituted before he was detached from the Army. The charge does not, therefore, represent a case within the jurisdiction of the Army court martial." In other words, Marix said, the Army did not charge Waller when he was assigned to them, and he is not assigned to them any longer.

"The charges brought against Major Waller were handed to him on March 4, and constitute the first process against him. This was several days after he was detached from the Army ... the jurisdiction was therefore voluntarily surrendered."

"The plea is that the defendant is not subject to the jurisdiction of this court", General Bisbee noted.

"We want to know whether there is any possible written or other evidence from the President of the United States placing him on detached duty with the Army, and thereby placing him within the province of this court."

"I can have them here tomorrow morning", the prosecutor responded, and next day he submitted in evidence a series of telegrams between Admiral Rogers and General Chaffee in which the offer of three hundred Marines for service with the Sixth Brigade is made and accepted. "The Marines were serving in Samar by order of the President. The Secretary of War and the Secretary of the Navy knew they were there." Besides, Major R. N. Getty had been assigned to investigate the shootings at Basey, and had so advised Waller before the Marine battalion was detached from Sixth Brigade on 19 February."

Not sufficient, Marix responded. "Legal proceedings are defined clearly ... the accused has a right to be present, the witnesses sworn, and be represented by counsel. Nothing of the kind happened in this case. An inspector is not a judicial officer."

General Bisbee decided that the court was without jurisdiction in the case, but left open the possibility of reversing himself if instructions were received from the office of the Adjutant General of the Army.

On 21 March, the instructions arrived. The Assistant Adjutant General noted that the Commanding General of the Philippine Department (General Arthur MacArthur, Jr) had ordered a preliminary examination of the case, with a view to legal action, before Waller was relieved of duty with the Army. Waller assisted in Major Getty's investigation, and was questioned by him, so he had to know that he was a party to the proceedings. Besides, a "brief lapse of jurisdiction" cannot mitigate a murder charge.

General Bisbee "now decides that (the court) has jurisdiction and directs that the case proceed to trial." Waller carefully entered his plea:

To the specification - Guilty, except to the words "willfully and feloniously and with malice aforethought, murder and" - to those words, not guilty. To the charge - Not Guilty

Waller did not use Smith's orders "I want all persons killed" to justify his deed, instead relying on the rules of war and provisions of a Civil War General Order Number 100 that authorized "exceeding force", much as J. Franklin Bell had successfully done months before. Waller's counsel had rested his defense.

The prosecution then decided to call General Smith as a rebuttal witness. On April 7, 1902, in sworn testimony, Smith denied that he had given any special verbal orders to Waller. Waller then produced three officers who corroborated Waller's version of the Smith-Waller conversation, and copies of every written order he had received from Smith, Waller informed the court he had been directed to take no prisoners and to kill every male Filipino over age 10.

During the trial, some sensationalist American newspapers, including his hometown newspaper in Philadelphia, nicknamed Waller the "Butcher of Samar".

The court martial board voted 11-2 for acquittal of Waller. Later, the U.S. Army Judge Advocate General dismissed the entire case, agreeing that a Marine Corps officer was not subject to an Army court.

As as result of evidence introduced at the Waller trail, General Smith was then court martialed, convicted, admonished, and forced to retire.