The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-12

HoVas. He writes that all mail leaving
Tamatave for Antananarivo is read by the |
colonel of the French army before il can |
pass: that he has a chance to send this |
letter by the Enslish steamer VIA NaIai'
because IL Will escape the eyes OF the OIL
In his letter to his wife he denounces |
D. and p. (who are Identified as Draper |
10 inform Tessier and friends OF the fact. |
1t is true that he advises that they may be |
sent away from s tne eaP,'a, L, si put ne eouu re
net banished, but are usually shot. and |
when asked by the presiding officer why he |
replied that he did IL from motives of re-
venge / am credibly informed that those
two men were American citizens. Walters
wife, In acknowledgment OF the receipt OF
this letter was not TO mention anything in
it, but simply TO say your "A received,
and after she and Tessier had read 1t TO
destroy IL and not mention its contents, ex-
cept to Tessier and secretaries 0he latter
are interpreted as meaning secretaries of
the Hovas government. These letters are are
trial he acknowledged having written
them.
Dec l2 1895. had been briefly summarized
in a telegram of Dec. a, as follows: 1T is
proper to state that before examining the
evidence ! had been inclined TO peiieve
from the information l could gather that
Waller was perhaps convicted on lnsufh-
cient evidence. that on account of the
prejudice against him ne mignt not nave ,
inal letters of Waller, L have no doubt
whatever of his guilt. 1t was not a case
of a Gsbsrs ana atempt to- giwe nforma
ton 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 hesi-
tated TO condemn him.
CORROBoRATIvE EVIDENCE.
1t should be further stated that consider
able ccrroboration of the conclusions thus
arrived at by Mr. Eustis is found in the
collateral information which has come to
the possession of the department, includ-
ing the statement Of Mrs. Waller and her
son, Paul Bray. Secretary Olney quotes
some of this corroborative evidence, and
goes on as follows: "These extracts of
letter and minutes are not in line with the
results reached by BIr. Eustis. but raise
the serious question whether Waller was
intriguing not only against the French
but against the safety and lives of Amer
lean citizens. On all the evidence, and in
view of particularly or his own letters,
fense against the French government of
serious character and fully justifying Sc
we're punishment"
The Secretary tells how, while waiting
to be supplied with the copy of the evil
dence taken in the court-martial, Mr.. EuS-
tis submitted the record to an eminent
French lawyer TO get his opinion on the
validity of the proceedings, and he found
that they could not be challenged through
duced and showed Walters guilt, it was
realized that an attack on the record
| should, even II successful on pure techni-
| ler's release. Damages could only be
sought later. But" says Secretary Olney,
''in view of Walters willful and culpable
| Madagascar, il is manifest that no claim
| for damages on Walters account could be
| properly pressed by the United States or
| could be expected to be entertained by the
| French government. An international
| reclamation. the rejection of which may
| Justify reprisals or even be treated as a
| casus belli, ought not TO rest on pure tech
| nicalities when the facts and evidence are
| against the claim. 1t. should be founded
| on something more than the mere nonob-
| servance of legal formaities-on something
more than irregularities originating in iG-
norance or inadvertence rather than in
intention. and not necessarily nor actually
| tice. The rule laid dow by the Supreme
| Court of the United States di0 u. s.. p. 7D
| in relation TO clIims before an interna-
| tional tribunal of arbitration afortiori ap-
| plies 10 claim made by one government
| on another direct. So. though Waller has
been depriv ed by the French or his liberty
| for nine or ten months. it cannot be said
| that the penat.' TO which he has been
| subjected has been disproportionate to his
| offense. On the contrary, the penalty, re-
| garded as the outcome of a lawful proceed
| ing,. would universally be regarded as a
moderate one.
| I'm 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 the condi-
| ton that the affair be thereby terminated
| as between the two governments, and that
i'm beba Of tSe aaed aSe n mo is
| rest, conviction or Imprisonment The ac-
| ceptance of this offer seemed to be IA
| vorable to Waller and, in view of all the
1
ment that, under the direction of the Presi-
dent, our ambassador to France has been
| instructed to give notice of such accept
ance on our part, and to exchange notes
| necessary TO carry out the arrangement
| Waller has not consented to this adjust
ment, and still insists that he should re-
| ceive compensation from the French gov
| ernment.
WALLER'S CHARGE DISCREDITED.
"The fact has not been overlooked that
| Waller is reported TO have at one time
declared that on the voyage to Marseilles
from Tamatave ne was subjected to
gross personal indignity and abuse. In
view, however, of the intrinsic improbabil-
| ity of the charge, of its nerver having
been repeated even by Waller himself, OF
there being no allusion 70 it In the nara
tives of his wife and stepson, of the al
legged maltreatment forming no part OF
Waller's specification Of his injuries and
| Claims Tor damages, as communicated IC
Mr.. Eustis, and of the proven unreliability
and malice of Walters complaint of cruel
ty practiced on him on shipboard il Is re.
garded as either wholly unfounded or a
the pest grossly exaggerated. 1t Is further
discredited by the fact that the treaunen
OF Waller since his arrival in France has
/ been exceptionally conSiderdte and humane
| Nevertheless, that no possible injustice
might be done to him, Walters complain
of I'll treatment on his journey TO Franc,
was specifically called 10 the attention o.
at once denied the cruelties charged ant
| insisted that they could never have beer
| ,.ticted. but Undertook, at the request o.
| this government, to investigate and punisl
any persons found guilty of them. 1t. a
the same time. declared, however, tha
| even if the complaint should prove TO b,
we'll founded, 1t could not entertain an,
| claim OF damages for Waller preferred 10y
| the United States, because the Frencl
| tribunals were open TO him and he coul,
| pursue his remedies there either agains
| the government or private individuals II
as could any French citizen under tn
| like circumstances. This position of tn
| French government--that claims of alien
| cogniZable by the courts or a foreign coun
| try cannot be made the subject of diplo
| matte intervention unless there has been
| palpable failure OF justice after all loca
| judicial remedies have been exhausted-f
| one on which this government has Otter
| insisted and of which IL has often availe,
| itself Its applicability TO the case OF Wal
| Ter was confirmed by the opinion of tn
| eminent French lawyer already referred 10
| by whom il was pointed out that in respec
| OF remedies in the French tribunals. al
alien was in all respects on the same foot
| ing as "A Frenchnan except that the aliei
| must furnish security for costs. AS ou