The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-18
Sufficient Evidence Developed to
Ex-ConsuPs Release from Prison.
MRS. WALLER AT NEW YORK
SHE SAYS EMBAssADoR IsUsTIs HAS
BEEN wRONGFULLY CRITICISED.
Her Experience at Mauritius and ON
fsh Delay i'm the Venezuelan Affair.

OCt. lf.-ll mas Deen I'M
derstood all along that the fate of ex-
Consul Waller. who is still held in i'm
prisonment by the French at Marseilles,
hinged on the proceedings of the court
martial which sentenced him, and there
fore. the State Department has directed its
efforts mainly to securing a copy OF the
record of the court. Now that the record
is in Paris, a careful examination of the
documents is being made and already
there have been developed some points
in the nature Of what may be fatal flaws
that in the end may form the basis of
demand for the release of the prisoner.
In at least two points it has been found
that the proceedings of the court-martial
were in violation of the French law and
If such a case arose in the United States
this would be sufficient ground for the set
ting aside of the proceedings and the
sentence and the release of Waller In
the first place the court was composed of
five officers, whereas the French military
regulations are said to require at least
seven persons to sit on the court. But
more important than this. 1t has been dis
covered that Waller was not really tried
as charged. but that as the trial pro-
gressed evidence was taken on another
charge not included in the original matter
and that 1t was upon what may be called
supplementary, but irregular charge that
Waller was convicted. Aside from the
other points in the case this matter of
irregularity of the proceedings may in the
end so far to make up the case of our
government as presented through Embaasa-
dor Eustis.
Counsellor Kennedy is of the opin-
ion that the turn which the course of
opinion that the turn which the course of
military affairs has taken i'm Madagascar
in favor of the French will not unfavora-
bly, affect the financial interests of the ex-
Consul in that island. He holds that the
ownership of the land conceded to Mr..
Waller by the Hova government is a ques-
tion entirely separate from that of guilt
or innocence of the charge of aiding and
abetting the Hovas in their war with the
French. He bases this opinion on the fact
that the grant was made previous to the
French conquest, and says that while
France at the time questioned the right Of
ernment of the United States had not Con-
ceded Frances right to interfere in the
MAZDA gascar. When France assumes an un-
disputed -protectorate in the island. as it is
presumed she will IN view of the recent
success OF her arms In that quarter. she
will find that various grants have been
made to citizens Of other countries, nota-
y OF tbaa tbe and waer and T lis is
put on the same basis as those. No init
nation has far been received here as
to the light thrown on the Imprisonment
OF Waller by the record of his trial, which
Is now in the hands of ambassador EustIs.
1t is believed by Walters friends that even
IL IL should be made by this record to ap-
pear that the court in which he was tried
had jurisdiction and the charges were not
with foundation the French government
lease as act of international comfy
but the ex-Consurs friends will demand
a very thorough scrutiny of the. papers
before allowing the request to be made
on this ground.
Mrs. Waller interviewed.
NEW YORK, Oct 17-Mrs. Waller, wife
of the ex-consul of the United States at
Tamatave, was a passenger with her two
daughters and son, arriving to-day on
board the steamship Amsterdam. Regard
ing the efforts which have been made to
obtain hearing for her husband, who is
confined as military prisoner at Mar
seilles for the alleged offense of holding
communications with enemies of France in
Madagascar, Mrs. Waller said to-day: 81
am told that ambassador Eustis has been
criticised by those who sympathize with
my husband, and L want to correct any
false impression that they may have OBJ
tained. Mr.. Eustis treated us and is treat
Ing my husband with the utmost consid-
tenderness. exerted
possible influence for our assistance and
our benefit. Only red tape that binds the
wheels OF state in France is 10 blame
solitary connemsnt ne ee Is ms bsnr ads ana his
and as pleasant as possible by Mr.. Eustis.
VINO sends him newspaper looks, money.
TOBACCO. deiicactes and all that is per-
think my husband will live a year in the
French prison. for he was ill for whole
year before his arrest on March 20 last"
said "a hah for-
warded to Secretary Olney documentary
evidence sufficient to completely prove the
innocence of Mr.. Waller
Regarding Consul Campbell, at Mauritius
Mrs. Waller said: MY husband succeeded
Campbell at Madagascar four years ago
Campbell was indifferent to our situation.
He did not seem to be interested In Sc
curing our passage to France or home,
Washington for assistance for US learned
subsequently that he had only written by
mail and when spoke of IL he said it was
because he had no. appropriation to cover
the expense of cabling. Thus we were de-
tained two months in Mauritius unnecessar-
lily. When we did sail 1t was In the steer
age OF the French steamer Iranaddy.
did not mind that so much, as L never ex-
pected to sail first class. but / did mind
the gibes and insults of several French
officers and the crew generally One lieu
tenant always referred to US as those mig
gers and said we ought to be with Waller
in prison."
sion Mrs. Waller said: For years English,
French and German residents have been
receiving grants and have invariably fooled
the government out of its royalties. No
American had ever received concession
of any consequence and when Mr.. Waller
represented TO the Hova government the
wisdom Of drawing American capital TO
Madagascar and pointed out the controlling
commercial interests OF the United States
the Prime Minister seemed anxious to in
vite American residences and investments
TO develop the resources or the country
Mrs Waller left for Washington tonight
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