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.
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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
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