The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-12
WALLER FOUND IN THE WRONG.
FRANCES OFFER TO RELEASE HIM
ACCEPTED.

tiOn That This Country should
Make no Claim for Damages on
Account of His Arrest-The PresI-
dent sends TO the Senate Long
Report Covering the Incident.
Washington, Feb 11.-President Cleve-
land sent to congress to-day a long re-
port from Secretary Olney and all the
correspondence in the case Of John L.
Waller, eX-United States consul to Tama-
tave. Secretary Olney says Waller is un-
questonably guilty of the offense chare-
ed, and the penalty inflicted would be re-
garded as exceedingly moderate but the
French government made an offer to re-
lease Waller and pardon his offense on
condition that the affair be thereby termi-
mated as between the two governments
ana the United States make no claim for
damages on account Of hts arrest etc Am
bassador Eustis has been Instructed to
notify the French government of the ac-
ceptance by the United States of the con-
ditions.
The Following is the letter Of the Presl-
dent transmitted as 20 ex-Consul Waller
to the Senate to-day:
Washington, Feb. Ito the Senate of
the United States: l transmit herewith,
in answer to the Senate resolution OF
Dec. 3, 1885, report from the Secretary
of State. accompanied by copies of corre-
the case of John l.. Waller a citizen of
the United States, at present in the GUS
tody of the French government. 1t viii
be seen, upon examination, as would,
of course, be expected, that there is a
slight conflict of evidence upon some Of
the features of Mr.. Walters case. New
ertheless, upon a fair and just considera-
tion of all the facts and circumstances, as
presented, and especially in view OF Mr.
walters own letters, the conclusions set
forth in the report of the Secretary Of the
Treasury don't appear to admit of any
reasonable doubt. nor to leave open TO
the executive any other course of action
than that adopted and acted upon as there
in stated.
1t is expected that Mr.. Walters release
from Imprisonment win be immediately
forthcoming. Grover Cleveland
The message Of the President and Sec
retary Olney's report are accompanied by
all the correspondence in this case. A full
resume of that portion which pertains TO
walters arrest and Imprisonment Is con-
tanned in the report, which Is devoted TO
a full discussion of the whole affair con-
sidered from a legal standpoint.
The report includes history OF Walters
connection with the settlement OF the es-
tate of W. f.. Crockett, a United States
citizen, who died in Madagascar In June.
1892. A consular court. presided over by
United States Consul Wetter, decided that
Waller had neglected and mismanaged the
estate. Consul Wetter asked the depart.
ment for permission to prosecute Waller
criminally, but the department declined TO
interfere, except to remind the consul to
take the proper measures IL the criminal
law had been violated.
Before this reply from the state depart
nent was received by Consul Wetter, Wal
ler was arrested by the French in March,
1898. and all his papers seized.
Secretary Olney rehearses the proceed
ings of his trial by military tribunal
described as Marine First Permanent
Council OF War" He was convicted of
corresponding with the enemies OF France
and sentenced to twenty years impris-
onment.
When the matter was reported to the
state department in April, 1895, Secretary
Gresham instructed Ambassador Eustis
to call upon the French government for
a record of all the proceedings, including
copy of the evidence. Ambassador Eus-
tts examined all these papers, and discov-
cred that Waller's guilt upon the charge of
sending a letter from Tamatave without
permitting the French authorities to in
spect II, stood confessed.
Ambassador Eustis, in a telegram of
Dec. Z, summarized his conclusions, as
follows: 1T Is proper to state that before
clined to believe, from the information
could gather, that Waller was perhaps
convicted on insufficient 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 a case of inadvertence or inn
prudent writing, but was a deliberate at
tempt to give information to the enemy
TO the prejudice of the military situation
Of France. The evidence fully sustains
respondence discloses his guilty intention.
ana no court could have hesitated to con-
denim him.
Secretary Olney declares that the LEFT
ters and the minutes OF Walters counsel
raise the serious question whether Waller
was not intriguing not merely against the
Of American citizens. At that stage in the
diplomatic negotiations when IL seemed
unc srtain whether an inspection of the
evidence would be permitted. Mr.. Eustis
nf ha s4aFa q
the record Of charges, procedure and sea-
tence to an eminent French lawyer, Mr.
Edward Clnnet, for an opinion, upon the
validity of the proceedings. Mr.. Clunet in
an exhaustive opinion concluded that the
Waller judgment could IN no way be gaIc-
cessfully challenged in the courts and thar
any relief from his sentence must be
sought through application for clemency.
Notwithstanding the appearance of
omissions and Irregularities in the record
and proceedings of the tribunal A. cannot
suited therefrom, since upon the facts and
the evidence of Walters own letters the
result must have been the same If every
technical requirement had been observed
So, though Waller has been deprived by
the French OF his liberty for nine or ten
months, it cannot be said that the penalty
to which he has been subjected has been
disproportionate to his offense on the
contrary, The penalty regarded as the out
come Of a lawful proceeding would univer-
sally be regarded as an exceedingly mod
crate one. In short, the production of the
evidence in Waller's case showed him to
have been guilty Of a grave offense, though
perhaps the strictly legal fornnalities and
procedure necessary to make his
trial unquestionably regular were not
complied with. In any event, II became
quite clear that any objections to the le-
gal proceedings in the case were either
technical and formal, and so not neces-
sarily fatal to them, or, If more serious
because, jurisdictlonal or substantial thew
might be met by the French government
by remanding Waller for a new trial
which, upon the undisputed facts, could
not be expected to result any differently
from the first trial.
In these circumstances, after urgent rep
reservations by this government, an offer
was made by the French government to
release Waller from further imprison-
ment and pardon his offense upon the
condition that the affair be thereby ter
minated as between the two governments
and that the United States make no claim
In behalf of the prisoner based upon his
arrest, conviction or Imprisonment. The
acceptance of this offer seemed to be so
favorable to Waller, and in view of all
of the facts, so considerate toward our
government, that, under the direction Of
the President, our ambassador to France
has been instructed to give notice of
such acceptance on our part, and to ex-
y-xr IN