The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-02-12
ON CERTAIN CONDITIONS
And These Conditions Will be
Complied With.
He WILL CLAIM NO DAMAGES
The President Transmits All Cores
pondeRce in Regard TO the Mat
ter TO Both Houses of
Congress.
Congress.


Washington, Feb. Ambassador
Eustis has been instructed to accept
the offer Of the French government to
release ex-United States Consul Waller
from further Imprisonment and par
don his offense on condition that the
affair be thereby terminated as be-
tween France aud the United States,
and that the latter make no claim in
behalf Of the prisoner based upon his
arrest, conviction or Imprisonment.
Waller may, however, sue in the
French courts for damages for ill-
treatment. These facts, showing the
arnicabie termination of the celebrated
Waller incident, appear in the cores
pondence sent to both Houses of Con-
gress to-day BY the President in am
swer to resolutions of inquiry upon
the subject The President in trans
mitting the correspondence, says:
|.It 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.. Wal
ler's case. Nevertheless, upon a fair
and just consideration OF all the facts
and circumstances, as presented, and
especially in view Of MIR. Walters own
letters, the conclusions set forth in
the report of the Secretary of State do
not appear TO admit of any reasonable
doubt, nor leave open to the Executive
any other course of action than that
adopted and acted upon. III is eX-
pected that Mr. Waler's release from
Imprisonment will be Immediately
forthcoming"
Accompanying the correspondence,
ii hich is voluminous,is is report by Sec
retary Olney, summarizing it features,
aud explaining the reasons which ami
mated the Executive in terminating
the incident as above described. In
the beginning the Secretary gives the
history Of the Crockett case, showing
that Waller, while United States Con-
sui at Tamatave, acting as admins
traitor of the estate of Crockett, de-
ceased United States citizen, was guilty
Of maladministFatiou. Waller was
convicted Of gross mismanaaement of
the estate and Of abuse and neglect of
trust, and removed from the position
Of administrator, besides being ordered
to make. good the sum Of S1,961 and
interest to the Crockett heirs.
Secretary Olney next tells how Wal
Ter. returning TO Tamatave in October,
1894. on his way TO America, was pre-
sSaazstad from proceeding by. the insist
80 of Consul Wetter@apon his pay
ing the Crockett Judgment which he
was unable to do, and how, after the
capture OF Tamatave by the French In
December. 1894. Waller was arrested
by them and tried by the court as
Marine First Permanent Council OF
War. Tie charges were, dispatching
a letter TO his wifc) from TamataYe
without the same having been viewed
bv the French authorities, and second,
attempting to correspond with the
enemies of France. and 10 furnish
them information prejudicial 10 the
military and political situation of
France The trial took place iu open
court. and Waller was sentenced to
twesfp years Imprisonment, an appeal
beiEg rejected
Secretary Gresham in April. 1885,
called upon the French Government
for the record and the evidence and
these were furnished. As 10 the eyi-
dence Secretary 0lney says
t'WithOut amy admission of the duty
Of the French Government to permit
an inspection Of the evidences duty
which that government from the out
set claimed did not cxist-the evidence
was submitted to Mr., Eustis for such
examination as he chose to make. He
accordingly examined the same and,
under instructions from the depart
ment, has reported the conclusions
thereupon reached by him.
"Waller's guilt upon the first charge,
sending q letter from Tamatave with
out permitting the French authorities
TO inspect it.-an- offence said TO be
punishable by nominal fine stands
confessed As respects the second
charge, a charge Of course of much
greater gravity Mr. Eutis reports as
follows:
j" In order to understand the signi-
ficance Of the information communi-
Gated (by Waller) it must be borne in
mind that the French had q garrison
at Tamatave and the Hovas had one
at Faratafi. These two points we're
distant from each other a few miles
In a letter to lessier 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 have dysentery and fever and un-
less there should be a change in the
order very soon the fatality Of beth
soldiers and citizens will be very great. |
Then he speaks of the scarcity Of pro-
visions; Of the arrest of several Ho7as
who we're reported to have been shot
To have communicated the en-
feebled and Strengthened condition Of
the garrison at Tamataye might Ger
tainly have provoked the attack by the