New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-12
AFITLL PARDON FOR WALLER.
FRANCE WILL SET HIM FREE.
.,r rX-CONSUL TO BE RELEASED FROM
PRISON IMMEDIATELY.

PRESSED BY THE UNITED STATES
CORRESPONDENCE IN THE
CASE SENT TO CONGRESS
by THE PRESIDENT
Washington. Feb. IA report from Secretary
o,ney sent to both houses of Congress to-day by
prssident Cleveland IN answer to resolutions Of
,nouiry shows that John l.. Waller. formerly CON
sul OF the United States at Tamatave. Madagas-
car and now in a French prison serving a
..uce Of twenty years Imprisonment for treason,
will be Immediately released by the French Gov
eminent and receive a full pardon. in accord
ance with the agreement Of the United States to
make no claim in his behalf based on his arrest
eony.cton or imprisonment Waller has not con-
sented to the arrangement. but it Will undoubted-
" be carried out and Ambassador Eustis has
been instructed to furnish means for him to reach
the United States. The message of the President
and Secretary Olney's report are accompanied by
all the CORES spondence in this case A full review
Of that portion which pertains TO Walters arrest
md Imprisonment is contained IN the report
which Is devoted to full discussion of the whole
affair considered from legal and diplomatic
point OF View.
WALLER AND THE CROCKETT ESTATE.
The story leading up to Walters arrest is of
hitherto been made public. 1t begins with the
death OF W. F. Crockett citizen of the United
States living In Madagascar in 1892 Waller. as
United States consul assumed charge Of the estate
and so informed the State Department. but ex-
cept!ng a late report that he had converted the
nroperty into money, nothing further on the sub
feet was heard from him. The official documents
state that the present United States consul. Ed
ward r Wetter. who took charge of the consulat"
at Tamatave the last CT January. 1894. found the
records Of the consulate in state Of great con-
fusion. Waller had disappeared. the consulate
was in charge Of an acting vice-consul named
Geldert and there no account on the records
relating 10 the Crockett estate subsequent 10
November. 1892 when Waller took charge Of It,
Wetter called on Waller and Geldart for an
accounting Of the Crockett estate. Geldart an
swsred that Waller had not turned over any
part Of it to him. and then Wetter entered a
civil suit against Waller in the name of the
United States. based upon averments Of his
negligence and msmanagement OF fduciary
trusts and took steps to prevent his leaving
Madagascar until he had settled.
An American citizen Duder Poupard. sat with
Consul Wetter as associate judge. but Waller
objected 10 them and they withdrawn
and two other Americans were substituted
The Court rendered a verdict that Mr.. Waller
has been guilty of gross msmanagement or
the funds of said estate; that Mr. Waller had
b, bsen guilty OF abuse and negligence of his hdu-
ciary trusts both citizen and an official;
that We therefore, adjudge him unworthy OF
further confidence and order his removal from
said Aduciary capacities that he pay into the
United States Consular Court sitting in probate
jurisdiction at Tamatave. within forty-f1ve days
hereof. the amount Of the balance due said
Crockett's heirs now IN his hands. to wit
Us6l 67, Madagascar currency
Consul Wetter asked the State Department
sor permission TO prosecute Waller crmnaly'
10 which the Department replied that II the
criminal law had been violated 1t was the
Consuls duty TO take the proper measures
This reply was not received by Wetter untll
after Walters arrest for treason
A letter from Consul Wetter to the Depart
fnent also contained alluscn to the Waller
rubber concession or land grant near Fort
Dauphin After indicating various ways In
which the Crockett morey may have been used
by Waller there is a suggestion that some OF
II may have been spent in bribcs to secure the
CONGO cssion. But no evidence to that effect Is
renorted. and neither is there any proof Of the
nature extent validity or value OF the con-
cession That 1t was believed to have some
value Is shown by the account OF Mrs, Waller $
efforts TO raise money on it for the payment OF
the Judgment against Waller. "On the other
hand" SAYS Mr. Olney, in his report, the value
may have been supposed TO be deperdeht upon
the issue of the contest then going on between
.be French ard the natives, while II Is certain
that tho French authorities nave always heid
the concession to be without any vahdity
THE CHARGES AGAINST THE EX-CONSCI.
Waller was arrested by the French on March
& 1875. and on March IS he was brought u
.,,., ho,oro q military tribunal. described as
marine First Permanent Counci OF "ai'
Tho charges against him were IT erect
First-The dspatching Of letter rom alria.ao i :
without the same having been vsed by the IN T
sutbors,ies in contravention Of public oruer
promulgated January Is, 1875. ,., .ho .r.
Notwithstanding TO correspond WIN lhe H ei,
r,ies 80 Erancn and TO furnish information pre)u.
dcal 10 the military and political situa'io" "a
France.
Wauer.s attorney refused 10 act unless COM
pensation was guaranteed. ana the rre"0" ""
thorjties assigned counsel to him, who vas as
sisted by Consul Wetter The trial was open
and the court by a unanimous vote found " amer
xun,v an hoth charges and sentenced him to
twenty years Imprisonment. An appear was
taken and rejected
When the matter was reported TO the State De-
partment in April. 1926. Secretary Gresham IN, u
sructed Ambassador Eustis 10 call ON the @ ienc"
Government for record OF All the pS'assad"r
Including q copy OF the evidence Ainoass'uo
Eustis examined all these papers and discovered
that Walters guilt on the charge OF sendlHs d d
letter from Tamatave without permitting tne
French authorities TO inspect 1t stood confessed
Secretary Olney quotes copously from Am :
DOR Eustis's report. particularly references W e
letters sent by Waller to a friend. MI Iessie'
and Mrs. Waller. I'm order to understand tne =
significance Of the information communicates,
says Mr.. Eusts, "it must be borne IN nind Una s
the French had a garrison at Tamatave and the
Hovas had one at Faratafe These two points
were distant from each other few miles, In I.
letter 10 Tesser he describes the condition at
Tamatave: that smallpox Is raging that many
are dying. that there are more than one hundred
French soldiers in the hospitals, that they nave
dysentery and fever. and unless there should be
change in the order very soon the fatality OF