The evening times., 1895-11-22
NILLER's Trial WIS FIR
State Department Has So De-
cided the Famous Case.
NIB. OLNEY READ THE PAPERS
1t Is Stated That He Has So Informed
Mrs. Waller, But She Denies the
RepOrt-Her Husband Can Be Re
leased If He win W awe Claim
for Indemnity.

AaS tSiAiuuAOA VA tuC w d4AcI SdbS
pears to be near athand. Mrs. Waller, the
wife Of the imprisoned consul, has been
notified by the State Department that this
government has concluded that the court
martialwhich triedand convicted Waller was
regular. and that there was nothing what
ever crooked in the proceedings. The pre-
llminary to his immediate release from the
French prison is declaimer from him or
his wife OF any intention to claim an in
demnity for the arrest and Incarceration.
If Waller desires an unconditional relea Sc
he can get 1t. Already intimations I'VE
come from France that II he will agree to
be released and not to claim a pecuniary in
demnity he will be Immediately given his
liberty.
The French government. however, de-
clines TO entertain any proposition what
ever as to the payment of an indemnity.
The release of Waller can only he secured
by the Secretary of State asking that IL he
done as an act of courtesy to the United
States.
The proceedings OF the now famous court
martial which convicted Waller in NADIA
gascar, and which, 1t is claimed, by his
friends, was irregular and did not give
Waller a fair trial, have been in the pos
session OF the State Department for the
past two weeks, and careful study Of the
papers by Mr.. Olney has satisfied him that
Waller was legally and fairly tried, and
that he has nothing Ia expect except re-
lease from prison.
CONSULT wALLERS WISH.
Mr.. Olney has communicated these facts
to Mrs. Waller and her attorneys in this
city, with the suggestion that it would
be advisable to consult Mr.. Walters wish
in the matter. The attorneys are in favor
of accepting the terms proposed by the Sec
retary In order to secure the release Of
Waller, but Mrs. Waller is not willing to
do this, and hangs out for financial recon-
pense from the French government.
Mrs. Waller insists that her husband shall
not be consulted about the matter by the
State Department, claiming that in his
sick and enfeebled condition he would be
willing to accept anything that would Sc
cure his liberty.
The State Department cannot accept the
intination from France that Waller viii
be released at their request until 1t hears
from Mrs. Waller. She insists that she will
protest against such action by the Secre-
tary of State, and that IL an official COM
munication is sent to Waller she will re-
quest that she be allowed to send a letter
with 1t, advising him not TO accept the
terms.
1t is quite probable that Mrs. Waller will
be given a reasonable length OF time TO
make up her mind. In the event that she
does not choose to accept the proposition
submitted to her, it is evident that Secre-
tary Olney will notify the American am
baSsador Mr. Eustis, to accept Waller
release Internationally. and then in the
language of the State Department ..the in
cideDt will be con sidered closed.'
The record of the court, which IL had been
believed was refused this Government.
reached her about three weeks ago, and
since that time the official translator OF the
State Department has been hard at work
making translations for the use OF the
Secretary.
ACCEPTED AS TRUTHFUL.
1t has been said that the testimony has
been doctored by the French authorities In
order to suit their own purpose and de-
feat any demand the United States may
make for an indemnity. The State Depart
ment, however, accepted the record as a
truthful version OF the sitting OF the court,
and showed that Waller had been given
every opportunity TO be heard.
1t is understood that tue conduct of Con-
sui Wetter, who succeeded Waller in NADIA
gascar, has been under Investigation by the
State Department, but as yet nothing has
trauspired TO show that he erred in any
way regarding the waller incident
Mrs. Waller is very bitter toward this
gentleman and it is said she has threat
ened to file charges against him with the
department. She refused to say whether
she would or not today when seen by The
Times.
r There is movement on foot among the
friends of the Waller family to get up a
testimonial or benefit for the family. Eff
forts are now being made to secure the
ater in which TO hold it, and some of the
most prominent people in the city are in
terested in the movement. A great deal of
local talent has volunteered to assist.
Mrs. Waller has not heard from her hus--
baud for some time. and consequently says
that she knows of nothing new in the case.
She deuied to the reporter this morning that
the Secretary of State had submitted any
such proposition to her as that given above.
but that the proposition was submitted