on 21 march, the instructions arrived. the assistant adjutant general noted that the commanding general of the philippine department (general arthur macarthur) 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.