New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-12
FULL PARDON FOR WALLER
Continued from First Page.

of December summarized his conclusions as fol-
lows:
/, is proper to state that before examining the
evidence had been inclined to believe from the in
convicted insufficient evidence; that account
had fair trial. After examining the original Letters
Of Waller l have no doubt whatever of his guilt.
II was not a case of nadvertent imprudent writ
ing but a deliberate attempt to give informa-
lion to the enemy the prejudice of the military
charge. The whole tenor of the correspondence
discloses his guilty intention. and court could
have hesitated TO condemn him.
Secretary Olney declares that the letter and
the minutes OF Walters counsel raise the serious
question whether Waller was not intriguing, not
merely against the French. but against the
safety and lives of American citizens. At tina:
stage In the diplomatic negotiations, when il
seemed uncertain whether an inspection Of the
evidence would be permitted, Mr.. Eustis. by di-
rection Of the Department. submitted the record
Of charges. procedure and sentence to an emil
nent French lawyer. NJ. Eduard Clunet. 70"
opinion as to the validity of the proceedings. NJ.
Clunet in an exhaustive opinion, concluded that
the Waller judgment could in no way be success
fully challenged in the courts and that any relief
from his sentence must be sought through the
application for cIeMency.
WALLER GUILTY OF GRAVE OFFENCE.
Secretary Olney then proceeds to take up the
international status Of the case. After examin-
ing the evidence, he found 1t impossible to do
more for Waller than to accomplish his release.
and he determined that compensation for dam
ages could only be sought later through the &C
ton Of the United States or by suit of Waller
himself in the French courts. But IN view of
Walters wilful and culpatle attempt against the
French authority In Mad gascar," says Secre-
tary Olney, cit is manifest that claim for
damages on Walters account could be properly
pressed by the United States could be
pected to be entertained by the French Govern
ment. 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 disproporuonate to
his offence. On the contrary. the penalty, re-
garded the outcome of a lawful proceeding.
would universally be regarded as an exceed.
ingly moderate one In short, the production of
the evidence in Walters case showed him to
have been guilty Of grave offence. though per
haps the strictly legal formalities and proceed
ure necessary to make his trial unquestionably
regular not complied with.
"In there circumstances. after urgent repre-
sensations by this Government. offer was
made by the French Government to release
Waller from further Imprisonment and pardon
his offence upon the condition that the affair
be thereby terminated between the two Gov
ernments and that the United States should
make claim on behalf of the prisoner based
upon his arrest, conviction or Imprisonment.
The acceptance Of this offer seemed to be 80
favorable 10 Waller ani in view of ali the facts,
so cOnsiderate toward our Government that
under the direction OF the President Am
bassador to France has been instructed to give
notice Of such acceptance part and 10
exchange the notes necessary TO carry out
the arrangement. Waller has not consented
10 this adjustment and still insists that he
should receive compensation from the French
Government.
COMPLAINTS OF ILL-TREATMENT IN
FOUNDED
Secretary Olney shows that Walters COM
plants Of ill-treatment on the voyage TO France
unsupported and wholly discredited by the
care taken Of him in French prisons and his
Improvement in health. The French Govern
ment promptly disavowed the crueties
charged. however. declaring that even If the
complaint should BIZ well founded. when they
would punish those responsible. 1t could not
entertain any claim for damages for Waller
preferred by the United States. because the
French tribunals Wee open to him, and he
could pursue his remedies there either against
the Government private individuals in the
manner and with the same effect as
could any French citizen under the Ike cir
cumstances.
In closing. Secretary Olney says: 1T may be
added as part Of the history Of the case that
the family of Waller being left in destitute
circumstances. the Department instructed its
representatives TO provide for their present
necessities and 10 furnish them the means OF
getting to the United States. That relief was
accordingly extended 20 them, the charges to
which this Government has thus far been mt
amounting to 1877 a."