The citizen. (Frederick City, Md.) 1895-1923, 1896-02-14

rison at Tamatave might certainly have
Faratafe, the information being given
to an agent of the Hovas." Waller
also described assaults and other out
RACES committed by French soldiers on
Malagasy women, and speaks of Mala-
gasy property destroyed. whether
these statements were true or false"
says Mr.. Eustis, ''they were certainly
calculated to increase the horrors OF
war by provoking retaliation on the
part of the Hovas."
Walters Trial and Conviction.
On March 1S Waller was brought to
trial before French military tribunal
charged with: First-The dispatching
of letter from Tamatave without the
same having been vised by the French
authorities, in contravention of pub
lie order promulgated Jan. 1S, 1895;
and, second, attempting to correspond
with the enemies of France and to
furnish them information prejudicial
to the military and political situation
of France. Waller's attorney re-
fused to act unless compensation was
guaranteed and the French authori-
ties assigned him counsel, who was as
sisted by Consul Wetter. The trial
was open, and the court, by a unani-
nous vote, found Waller guilty on both
charges and sentenced him to twenty
years Imprisonment. An appeal was
taken and rejected. When the matter
was reported to the state department
in April, 1895, Secretary Gresham in
structed Ambassador Eustis to call
upon the French government for a
record of all the proceedings, including
a copy of the evidence. Ambassador
Eustis examined all the papers and dis
covered Waller's guilt upon the charge
of sending a letter from Tamatave
without permitting the French authori-
ties to inspect it, stood confessed. Sec
retary Olney quotes copiously from
Ambassador Eustis' report, particular
ly in reference to the letters sent by
Waller to friend, Mr.. Tossier, and
Mrs Waller.
Guilty, and Fairly Convicted.
Further extracts in letters in Wal
ler's handwriting, which he aclNnowl-
COR ub lllo VI ldAs ulO SiNOh W AAA1A'eNo
sador Eustis, who in a telegram of
December summarized his conclusions
as follows: sit is proper to state that
before examining the evidence l had
been inclined to believe from the in
formation l could gather that Waller
was perhaps convicted on insufficient
evidence, that on account of the preju-
dice against him he might not have had
a fair trial. After examining the
original letters of Waller l have no
doubt whatever of his guilt. 1t was
not case of inadvertent or imprudent
writing, but was a 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
tenor of the correspondence discloses
his guilty intention and no court could
have hesitated to condemn him."
Plotted Even Against Americans.
Secretary Olney declares that the
letter and the minutes of Waller's
counsel raise the serious question
whether Waller was not intriguing not
merely against the French but against
the safety and lives of American citi-
zens. Secretary Olney, after examin-
ing the evidence, found it impos-
sible to do more for Waller than
to accomplish his release and he
determined that compensation for
damages could only be sought later
through the action of the United
States or by suit of Waller in
the French courts. "But in view of
Waller's wilful and culpable atte mpt
against the French authority in NADIA
gascar," says Secretary Olney, lit is
manifest that NO. claim for damages on
Waller's account could be properly
pressed" While there is some question
as to irregularities in the proceedings
of the tribunal that convicted him, no
substantial injustice has resulted there
from. The French courts are as open
to Waller to bring action for damages
against the government or any individ-
ual as they are to French subject and
Ambassador Eustis has been instructed
from Washington to furnish security
for costs of any suit before the French
tribunals which Waller may institute,
and the ambassador ha., already been
authorized to supply Waller with the
means of transportation home should
he wish to return. The family of Wal
ler, being left in destitute circum-
stances, this government has accorded
them relief amounting thus far to
q