Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-27
.EX-CONSUL WALLER
His Defense, Which He Was Not
Permitted to Make.
DENIAL OF TIE CHARGES MADE
No Mention in Letters of French
Military Movements.
STATE DEPARTMENT WAITING

'
Ex-Consul Waller has written a letter to
his stepson, Paul Bray, inclosine a copy
of the remarks which he had expected to
make before the French court-martial by
which he was tried in Tamatave. but which
it appears, he did not have an opportunity
to deliver. Mr.. Walters letter is dated in
the prison at Marseiles June u and was
received here a day or two since through
the State Department. The document is
interesting, in that it reveals somewhat
more of the details of the offense with
which Waller was charged than have yet
been made public, and also because it con-
tains Mr.. Walters version of the occur
renee, which he has not heretofore had an
opportunity to give to the public. The
document Is as follows:
Did Not Give Information.
ITO the honorable judge: do not know
whether a word from the accused will
have very much weight with you or not,
but I thank you for the privilege of speak
ing in my own behalf.
81 am charged with having violated artf-
Gle - of the penal code by corresponding
with the enemy and giving him informa-
ton to the movements of French troops
in this place. This charge, l am sure. can
not be sustained, nor believed by the hon
orable court when your honors snail nave
made careful and impartial examination
of the letters to my wife, Mr.. Tessie and
the young Hoya. l call the attention OF the
court to the fact that in none or these
letters are any of the movements OF the
French army in Madagascar or elsewhere
mentioned referred to In any way.
1t seems to me that this fact cannot be
| ignored or overlooked, which fact alone
should warrant an acquittal of the ac-
cused, because it follows that in order to
| violate the article of the code under which
| 1 am charged 1t must be clearly proven
| that the accused has correSpOnded with the
enemy to the extent of laying before him
| the military movements and operations OF
| the army of the republic. I maintain that
| the letters now before your honors will
admit of no such construction when placed
under an impartial and fair analysis, which
l am quite sure you will do in this case.
Mention of Private Wrongs.
49, 1t will be found that / refer in the
| letters to my wife to certain wrongs done
| by certain soldiers, whom did not
| rame because unable to do so; but the
| mention of these has nothing to do with
the military operations of the army.
Indeed I sholld feel sorry to see an
| army operating in that way. I am sure
| your honors would not hesitate to condemn
| to your wives and friends in the strongest
| terms all such deeds. Every gazette in
| France would condemn such deeds. ana L
| believe that nine out of ten French soldiers
| in your army would denounce and condemn
| them. Why, then, should ] be sent to
| prison for twenty years for the mention OF
| these wrongs to my wife and friends?
| The honorable judges will notice that L
| refer in the letter to my wife to two as
/ sauts made upon me by certain soldiers
| whose names I am unable to give. AS to
! the first Of these attacks, I informed
| the French authorities, through the United
| Stat9: consul, acting. Subsequently the
| chief of the French police called at my
| house in Madagascar. without the clear
| establishment of which charge ! contend
| that 1 could not be imprisoned even for a
| day.
| should Have the Benefit of Doubt.
! Il should not fail to call the attention Of
| the honorable judges to the fact that in all
| criminal matters where one is on trial,
charged with grave offense, all the cir
cumstances of the case must be taken into
consideration, and the accused given the
benefit of every reasonable doubt.
The court will see all the eXtenuating
| circumstances surrounding the case. Again
l maintain that the court should even as
certain, so far as possible. the future inten.
tons of the accused under charge OF
this kind to find 1t possible whether it is
| the intention of the accused to remain here,
whether he has actual arrangements with
the enemy to assist them against the army
l of the republic.
THE letters and the evidence will show
| the contrary, which is a circumstance
| that should be placed in my favor In com
ing to a Judgment in this case. The time
, of my departure from the capital Septem-
| Der Il or IA, 1894, must not be lost sight OF.
Men Who Robbed Him.
| Il have explained the Draper and Purdy
matter with me, and how they have robbed
and then made laugh about 1t, land that
/ they have been paid money by me on a
contract, which they have never even at
tempted to perform, which failure has re-
suited IL, a loss to me of more than $40,
CO.,
1T is these men whom I actually
mean in my letter. and who / designated
| as D. and p. having before warned my
wife against them and mentioned them as
d. and P. liz postscript to the letter.
i While it is clear to me that it was in
discreet to make such mention of them.
| vet l cannot believe that this honorable
| court will. after a careful and iaparua,
examination of all the circumstances and
| facts of this case, decide that l have vio-
lated article of the penal code.
France has always been noted for her
love of justice and liberty and for her
broad and generous treatment OF al! OF
, | whatever nationality, and l believe that
, in the careful deliberate Judgment and
wisdom of your honors. yon will not close
the door of the world against man who
| bears no ill will to France, and who has
, | I ever borne arms against YOU
Awaiting Information.
III
at present anxiously awaiting information
from Ambassador Eustls to the man
ner in which the second demand for the
f record of the Waller codrt-martia1 has
been received in France. 1t is now learn
ed definitely that the French government
refused to furnish the record upon the
first presentation of the request. and thai
| this refusal met on the part of the
| State Department by a more positive ant
} | pressing demand for all the papers The
4 | DEPARTMENT is Informed by Ambassador
e Eustis that this demand has been pre-
! scented TO the French authorities. There
has been cutie sufficient time for n reply
| but none has been received. The delay
! would seem to indicate that the French
i authorities appreciate the situation to al
! extent at least. and While apparently no
| prepared to change front without due con
e sheraton are yet disposed to delay an
other refusal as long as it can be don'
under diplomatic usage.