Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-02-11
EX-CONSUL WALLER
Correspondence in His Case Trans
mitted to Congress.
SECRETARY OLNEY'S FULL REPORT
Investigation Leaves No Doubt as
to His Guilt.
ARRANGEMENTS FOR RELEASE

The President today transmitted to Con-
gress the correspondence in the case of
John l.. Waller, ex-United States consul at
Ia'natave Madagascar, now in prison in
France, under sentence imposed by. a
French military court for alleged improper
communication with the Malagassy forces
The correspondence is accompanied by a
report from the Secretary of State, giving
long and elaborate history of the case in
all Its aspects, including his action in con-
Eect1on with the settlement Of the estate
OF w. F. Crockett, United States citizen
who died in Madagascar in June, 1892 A
consular court presided over by United
States Consul Wetter. decided that Waller
mad neglected and mismanaged the estate
Consul Wetter asked the department for
permission to prosecute Waller criminally
but the department declined to interfere,
except to remind the consul to take the
proper measures if the criminal law had
been violated.
Before he took any further steps in the
matter Waller was arrested by the French,
IN March, 1885, and all his papers seized.
Secretary Olney rehearses the proceed
1ngs of his trial by military tribunal, de-
scrlbed as Marine first permanent council
of war" He was convicted of correspond
ing with the enemies of France, and SEN
fenced to twenty years imprisonment
Convinced of His Guilt.
The correspondence with the French gov
ernment is reviewed, and Ambassador Eus-
tis summarized his investigation of the case
in the following words:
lit is proper to state that before examin-
ing the evidence had been inclined to be-
lieve from the information 1 could gather
that Waller was perhaps convicted on in
sufficient evidence; that on account of the
prejudice against him he might not have had
a fair trial. After examining the original
letters of Waller have no doubt whatever
OF his guilt. 1t was not case of inadvertent
OR imprudent writing. but was deliberate
attempt to give information to the enemy to
the prejudice of the military situation of
France. The evidence fully sustains the
Charge. The whole ter or of the correspond
encc discloses his guilty intention, and no
court could have hesitated to condemn him"
Secretary O1ney says that considerable
corroborat1on of the conclusions thus ar
rived at by Mr.. 'Eustis is found in the COL
lateral information which has come to the
possession of the department, including the
statement of Mrs. Waller and her son, Paul
Bray.
Extracts are given from letters and min
utes, which, the Secretary says are not
only in line with the results reached by Mr..
Eustis. but raise the serious question
merely against the French but against the
safety and lives Of American citizens
On all the evidence" says Secretary
Olney, and IN view particularly of his own
letters, Waller was unquestionably guilty
of an offense against the French govern
ment of serious character, and fully justi-
tying severe punishment
Notwithstanding the appearance Of omis-
sions and irregularities in the record and
proceedings of the tribunal, the Secretary
says, it cannot be said that substantial in
justice has resulted therefrom, since upon
the facts and the evidence Of Walters own
letters. the result must have been the same
II every tribunal requirement had been
observed.
The Offer for Release.
Secretary Olney concludes his report as
follows:
In these circumstances, after urgent
representations by this government, an
offer was made by the French government
to release Waller from further imprison-
ment and pardon his offense upon the con-
dition that the affair be thereby terminated
as between the two governments, and that
the United States should make no claim in
behalf of the prisoner based upon his ar
rest, conviction or imprisonment The ac-
ceptance of this offer seemed to be so ia
Vorable to Waller, and in view of all the
facts SO considerate toward our govern
ment, that under the direction of the Pres
ident our ambassador to France has been
instructed to give notice of such acceptance
on our part and to exchange the notes
necessary to carry out the arrangement
Waller has not consented to this ad-
Justment and still insists that he should re-
ceive compensation from the French gov
ernment.
The Cruelty Oh ShfpbOard.
The fact has not been overlooked that
Waller is reported to have at one time
declared that on the voyage to Marseilles
from Tanatave he was subjected to gross
personal indignity and abuse In Wow,
however, of the intrinsic improbability of
ha oh nf ITO
peated even by Waller himself, of there be-
Ing no allusion to it in the narratives of
his wife and stepson, of the alleged NAL
treatment forming no part of Walters for
maj specihcation of his injuries and claims
Tor damages as communicated to Mr. Eus-
It's, and of the proven unreiability and
malice of Waller's assertions in other con-
Eections 1t is impossible not TO regard Wal
him on shipboard as either wholly nm
founded or at the hest grossly exaggerated.
1t is further discredited by the fact that
the treatment of Waller since his arrival
crate and humane. Reaching Marseilles in
dehcate health, he was at once provided
with competent medical advice and atten-
lion, and soon after, upon the suggestion
a different locality better adapted to his
physical condition, and where he has since
greatly improved. Nevertheless, that no
POSSIBLE injustice might be done to him,
journey to France was specially called to
the attention of the French government.
That government at once disavowed the
cruelties charged. and insisted that they
&C uld never have been inflicted, but UNDER
took, at the request Of this government, to
Investigate and to punish any persons
found guilty of them. 1t, at the same time,
declared, however, that even if the com
plant should prove to be well founded, it
could not entertain any claim of damages
for Waller preferred by the United States,
because the French tribunals were open to
him and he could pursue his remedies there
either against the government or private
individuals in the same manner and with
the same effect as &C uld any French citi-
zen under the like circumstances This DO
sition OF the French government-that
claims of aliens cognizable by the courts
OF q foreign country cannot be made the
subject Of diplomatic intervention unless
there has been a palpable failure of Justice
after all local judicial remedies have been
exhausted-is one upon which this goyern-
ment has often insisted and of which IL
has often availed itself.
Its applicability to the case of Waller
was confirmed by the opinion Of the emf
nent Frerch lawyer already referred To.
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