The herald., 1895-07-28
BUT A RAMBLING DOCUMENT
Ex-Consul WalIer's Written Plea
of Defense
HE FAILED TO DELIVER 1T
The C0Iored Man Denies That He Gave
Any Information
Or That He Was GUILTY Of Anything
but Denouncing the Acts of
Private Soldiers
Associat ted Press Special Wire

Associated Press Special Wire
WASHINGTON, July 27.-Ex-Consul
Waller had written letter TO Paul Bray,
enclosing copy of the remarks which he
had expected to make before the French
cour.martial by which he was tried in
Tamatave, but which it appears he did
not have an opportunity to deliver. Mr..
Waller letter is dated in the prison at
Marsellles, June 18th, and was received
here dav or two since through the state
department.. The document is as fol-
lows:
To Honorable Judge:-I do not know
whether word from the accused will
have much weight with you or not, but
thank you for the privilege OF speaking
in my own behalf.
am charged with having violated arti-
Gle - of the penal code, by correspond
ing with the enemy and giving him in
formation as to the movement of the
French troops in this place. This charge,
l am sure, cannot be sustained nor be-
lieved by the honorable court. when your
honor shall have made careful and i'm
partial examination of the letters to my
wife. Mr.. Tessie and the young Hova.
call the attention of that court that in
none of these letters are any of the
motives of the French army in Mad agas-
car or elsewhere mentioned or referred
to in any way. 1t seems to me that this
fact cannot be ignored or overlooked.
This fact alone should warrant an accuit-
tai of the accused, because it follows thai
in order to violate the article of the code
under which l am charged it must be
clearly proven that the accused has cor
responded with the enemy to the extent
OF laying before him the military move
ments and operations of the army OF the
republic. l maintain that the letters now
before your honor will admit OF no such
construction when placed under o fair
and impartial analysis. which I am
quite sure you will do in this case.
1t will be found that l refer in the let
ters to my wife to certain wrongs done by
certain soldiers whom did not name be-
cause unable to do so, but the mention of
these has nothing to do with the military
operations of the army. Indeed, should
feel sorry to see an army moving IN that
way. am sure your honor would not
hesitate to condemn to your wives and
friends in the strongest terms all such
condemn such deeds, and l believe that
nine cases out of ten French soldiers in
your army would donounce and condemn
them. Why then should 1 be sent to
prison for twenty years for the mention
Of these wrongs to my wife and friends?
The honorable Judge will notice that I
refer in the letter to my wife to two as
saults upon me by certain soldiers whose
names am unable to give. As to the
first of these attacks. I informed the
French authorities through the acting
United States consll. Subsequently the
chief of French police called at my house
in Madagascar. Without the clear estab-
lishment of the charge I contend that
should not be imprisoned even for a
day.
l should not fail to call the attention OF
the honorable judge to the fact that In
all criminal matters where one is on trial
charged with a grave offense. all the cir
cumstanes OF the case must be ia ken 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
ascertain, so far as possible, the uture
intentions of the accused under ch arge
of this kind, to find, if possible, whether
it is the intention of the accusd to re-
main here, and whether he has actual ar
rangements with the enemy to assist
them against the army of the republic.
The letters and the evidence will show
the contrary, which circumstance should
be placed in my favor in com ing to a
Judgment in this case.
The time of my departure from the
capital, September 3, 1894, must not be
lost sight of. l have explained the cir
cumstances in the Rapert and Pundy
matter wish me. l showed how they rob-
bed anil then made q laugh about it.
They have been paid money by me on a
contract which they have never at
tempted to perform, aud their failure
has resulted in loss to me of more than
$4,000.
1t is these men whom actually mean
in my letter, and which designated as
D. and P, having before warned my wife
against them, and mentioned them as D.
and P. in postscript to the letter. While
it is clear to me that it was indis Greet to
make such mention of them, yet 1 can
not believe tnat this honorable court will,
after Ia careful and impartial exam
ination of all the circums stances and facts
of this case, that 1 have violated 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 all of whatever nationality,
and I believe in the careful, deliberate
Judgment and wisdom of your honors
you will not close the doors of the world
against a man who has never borne
arms against you.