New-York tribune., 1895-08-26

reply got was to be rearrested TWO DAYS alter-
ward on a fresh warrant. charged this time
with having broken only two statutes again
sought more definite information. and in talking
The matter over with Wetter saw that he in
tended making things as unpleasant as possible.
and therefore thought would better procure
a lawyer This time he increased the amount
pf bail TO $4,000 | then told Wetter that the
whole thing was trumped-up charge, and that
ne and Geldart were conspiring to get me out OF
the country"
BROUGHT Up FOR TRIAL.
Mr.. Lyons confined to his home until Jan
uary 90 when he was brought up for trial. wet
ter having with him on the bench as the neces-
sary associates Mr. Waller and Mr.. Buoy Al
though Mr. Lyons's lawyer characterized the
whole proceedings as iniqutous, Wetter py
series Of specious arguments according 10 'he
defendant endeavored TO make out that q very
serious crime had been committed. The CONSUL
according to Mr.. Lyonss story, although COM
PEELED admit there was no law OF co'i'ie'0e
ruling the offence, get said tha' TO alio" suoh an
offence n 60 unpunished would be disparaging TO
the Consul in the eyes of the public. lie rep
resented me-" said Mr. Lyons. 'as man OF pad
character whose presence in TamataVe was
harmful without the least cause or just reason
for so lbellous a statement The Consui per-
sisted in making damaging statements OF tnis
character, Mr.. Lyons says, and In declarlhg
that his letter to the Governor was separately
scaled until at length August Desveaux, Mr.
Lyonss lawyer, protested against Wetter acting
as prosecutor and judge at the same time An
other matter which calls for severe comment is
that Gedart's ex parte evidence. taken even be
fore the date of Mr.. Lyons's arrest. was admitted
despite the protests Of Mr.. Desveaux. If Mr.
Lyons's account is true, the United States Consul
on this occasion conducted himself with anything
but judicial dignity or impartial demeanor. Wit
nesses were called TO dispute the allegation that
the official letter separately incosed Ihe
case was eventually adjourned by Wetter Tor the
production Of further evidence for the prosecu-
ton Mr.. Lyons vas confined to his house again.
but as he was told that the Consul had eN-
pressed his intention of sentencing MIN 10
years Imprisonment. he concluded II would De
wisest TO jump his bail and return home All
of the facts underlying the case We're he SAID
Of public notoriety. and his action in leaving the
country was advised by both the English and
French ConsulS
wETTER AS JUDGE AND WITNESS.
Mr. Lyons produced for the reporters exam
nation a long affidavit sworn by Mr. Desveoux,
his lawyer condemning the admissibihty ol
Wetter's evidence while also acting in the capac-
itv Of Judge The attorney produced many au-
thorities for his contention, but Wetter. so the
affidavit runs after comforting with his as
sociates who disagreed with him. ruled that the
certificate is competent evidence. and ne went so
far to tell me that II | were 10 say anything
against the contents of his certificate he would
look upon 1t as contempt of court, thereby init
mating 10 that | must take for granted
whatever fact he may state tending to prove the
guilt Of my client. To say the least, 1t Is
most unfair way of dealing with an accused.
Th.. 4nx.if offa Caff OIL a
merits Of the and contending that the
facts stated in the information did not amount
10 an offence punishable by any law law OF me
United States, closes as follows: The more /
reflect upon this case the more feel convinced
that the whole affair is but concocted plan to
humble my client and impair his character.
a much more damaging document which Mr..
Lyons has in his possession, however, is an aifi-
davit by John Dublin. the United States Marshal
who arrested him ard who is officially connected
with the Consulate. The affidavit teens with
many pointed assertions that may be source OF
some instruction to the authorities at Washing
ton should they institute some investigation into
the alleged outrageous conduct of Consul Wet
ter. The affidavit which is dated February D,
1895, and addressed to the Hon August DesveauX.
Tamatave says.
"In pursuance to your request for a statement
of such facts as are within my knowledge rea-
tive TO the action and conduct of Acting United
States Consul Wetter in the case Of Mr. Charles
Lyons, an American citizen, in which he is
charged with breaking the consular seal on
letter addressed to the Hoya governor at Vat
romandry, on the southeast coast of Madagascar,
] hereby make such statements feeling that II
is my duty an American citizen TO do so.
Consul Wetter has been, TO my knowledge, guilty
of several unjust. unla wful and bad acts since
he has been here Consul but as they have no
bearing whatever upon the case OF Mr.. Lyons
will not here state them: however go 50 far as
10 say that he (the COnsuD has been the cause
Of much trouble strife and scandal among the
Americans here and that his conduct is going
from bad 10 worse so much so that IL is becom-
ing unbearable and disgraceful in the community.
Il have been a resident in Tamatave about
nine years now. and was employed in the United
States Consulate under Consul Robinson. was
marshal of the courts under Consus Campbell
and Walle.. and am now acting in the same
capacity for Consul Wetter My relations with
all Of the former officials Of the most
pleasant and friendly nature. and are so with
the present Consul. but his treatment of Ameri-
cans has become so notoriousy outrageous and
unjust especially in the case of Mr.. Lyons
that would fail in my duty were to refuse to
speak against it,
LAS regards Mr.. Lyons's case. l have from the
first known the intentions Of the Consul he
having expressed his opinion and intentions to
me on one or two occasions. and went so far as
10 say that he had fully made up his mind 10
convict and imprisOn Mr.. Lyons here at all haZ-
ards In spite Of his assertions / never could
have thought that he would go so far out Of the
way Of justice TO carry out those intentions. ]
also knew that Mr.. Lyons and the Consul were
enemies account Of some personal matters
and that Mr.. Geldart was Mr.. Lyonss bitter
enemy well known by every one in the COM
munity. as well the fact that Mr.. Geldart
and the Consul were very warm and intimate
friends Whether these relations had anything
10 do with the suit against Mr. Lyons l leave
for those wiser than to know or judge
"The first charge against Mr.. Lyons was called
on Tuesday. January 29. and was expected to have
been finished on that day. as you are aware. since
there were no witnesses to be examined on either
side but the Consul, seeing that his associates
Mr.. Waller and Mr.. Bray, would not be party
to any unfair dealing toward Mr.. Lyons and that
In such a his designs would be thwarted. he
adjourned the case 10 the next day, January 30 to
allow him time. he said. 10 produce witness
for the prosecution before the court.
WANTED MIR. BRAY INFLUENCED.
After the adjournment. and when all parties