The Court Martial of Major Littleton Waller, USMC for Actions in the Philippines

Major Littleton Waller acted as a major subordinate in carrying out Jacob Smith's orders on Samar and was afterwards court martialed for the executions of  eleven mutinous Filipino porters.

Waller's defense did not mention Smith's orders directly, but used  provisions of the Civil War's  General Order  Number 100 (also called the Lieber Code).  This order dictated how Union soldiers were expected to conduct themselves in relation to enemy military and is considered a precursor to the Geneva Conventions.

The General Order permitted the killing of POWs in reprisal for  violations of the rules of war by the enemy and also provided for the summary execution of spies, saboteurs and guerrilla fighters.

Jacob Smith was called to testify about his orders but perjured himself and denied that he had given any special orders to Waller.  In response, Waller  revealed Smith's order and produced three officers to corroborate it.  Waller said he had been ordered to take no prisoners and to kill every Filipino over the age of ten.

The court martial board voted 11-2 to acquit Waller.  It was later stated that an Army court had no jurisdiction over a Marine officer.

But, this case led to the court martial of Jacob Smith.

--Cooter