The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-07-22

IN WENTY years ago the United
states government got itself into
= most serious complication with
the French government over the i'm
prisonment, trial. conviction and pun
ishment of John l.. Waller. who repre-
scented this country for time as con-
sui at Tamatave, Madagascar. The
dispute threatened to disturb the
friendly relations for a time, but it
was settled amicably by the govern
ment of France acceding to the de-
mands of the United States and re-
leasing Mr.. Waller from Imprisonment
He was released, however, on the con-
dition that our government should
make no claim against France for dam
ages growing out of the arrest and
Imprisonment.
Waller, during the time he was serv-
ing as United States consul, acted as
administrator of the estate of Crockett,
a deceased United States citizen. He
was accused of being guilty of malad-
ministration, and when Edward I. Wet
ter his successor took charge of the
consulate in January, 1914, Waller
had disappeared and the consular rec
ords were in great confusion.
Wetter caused a civil suit to be
brought against Waller on account of
the Crock EFT estate and before court
composed of Consul Wetter. Mr.. Geld
art, an intimate friend of the accused
man. and Messrs. Ryder and Howe
Waller was convicted of gross misman-
agement of the Estate, of abuse and
neglect of trust, and was removed from
the position of administrators, besides
being ordered to make good con-
siderable sum to the Crockett heirs.
Wetter asked leave of the govern
ment to prosecute Waller criminally
and the department replied that it
could give no specific instructions.
When the French captured Tamatave
in December, 1894, Waller was ar
rested by them and tried by a court
known as marine first permanent
council of war The charges We're:
First, dispatching letter to his wife
from Tamatave without the same hav-
ing been vised by the French authori-
ties; second. attempting to correspond
with the enemies of France and to fur
| nish them information prejudicsl to the
military and political situation of
| France.
| The trial took place in open court
and Waller was sentenced to 20 years
limprisonment an appeal being rejected.
Secretary Gresham of the United States
called upon the French government in
April, 1895, for the record and evil
dence and these were furnished
| The first charge was acknowledged
and was only subject to nominal fine,
| hut the second was serious. Waller
| was accused of having reported the
condition of the French garrison as
being particularly bad. he accusing the
French of having confiscated Malagasy
property and having maltreated the
women of the country This informa-
ton was contained in letters written by
Waller to his wife and to his friend
Tessier. He acknowledged the writing
of the letters at the trial.
In reviewing the case for the United
States government, Secretary Olnes
said that Waller was probably con.
on account of the prejudice against hin
he very likely was unfairly tried.
Although he stated that after the
Examination of the letters ne DelleVee
that Waller was very indiscreet ant
the correspondence would indicate thai
he had guilty intentions. He concludes
with: "On all the evidence, and In view
par ticularly of his own letters, Waller
was unquestionably guilty OF an Of
Tense against the French government
J of a serious character and, fully jus
ltifying severe punishment"
I After the French government had I'M
! lprisoned Waller for nine months, dur
line which there was considerable cor
Irespondence between the two countries
Ian offer was made by the French gov
eminent to release him from furthe
Imprisonment and pardon his onens
I upon the condition that the affair b
Thereby terminated as between the tw'
governments.
Waller was dissatisfied with tn