Arizona republican., 1914-07-25
TRIAL OF
Elk CONSUL WALLER

Twenty years ago the United States
government got itself into most
serious complication with the French
government over the Imprisonment,
trial, conviction and punishment of
John L. Waller, who represented this
country for a time as consul at Tam
atave, Madagascar. The dispute
threatened to disturb the friendly re-
lations for a time, but it was settled
amicably by the government of
France acceding to the demands of
the United States and releasing Mr..
Waller from Imprisonment. He was
released, however, on the condition
| that our government should make no
claim against France for damages
growing out of the arrest and i'm
prisonment.
| Waller, during the time he was
serving as United States consul, act
ed as administrator Of the estate OF
Crockett, a deceased United States
citizen. He was accused of being
guilty of maladministration, and
when Edward 7. Wetter, his success
sor, took charge of the consulate in
January, 1894, Waller had disappear
ed and the consular records were in
great confusion.
Wetter caused a civil suit to be
| brought against Waller on account
/ of the Crockett estate and before a
court composed of Consul Wetter,
Mr. Geidart, an intimate friend of
the accused man, and Messrs. Ryder
and Howe, Waller was convicted of
gross mismanagement of the estate.
of abuse and neglect of trust. and
was removed from the position of
administrator, besides being ordered
to make good a considerable sum to
the Crockett heirs.
Wetter asked leave of the govern
ment to prosecute Waller crminally
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 court
known as Marine First Permanent
Council of War; The charges We're:
First despatching a letter to his wife
from Tamatave without the same
having been vised by the French
authorities; second, attempting to
correspond with the enemies of
France and to furnish them informa-
ton prejudicial to the military and
political situation of France.
The trial took place in open court
and Waller was sentenced to twenty
years Imprisonment, an appeal being
rejected. Secretary Gresham of the
United States, called upon the French
government in April, 1895, for the
record and evidence and these were
furnished.
The first charge was acknowledged
and was only subject to nominal
fine, but the second was serious.
Waller was accused of having report
ed the condition Of the French gar
rison as being particularly bad. he
accused the French of having con-
fiscated Malagasy property and hay
ing maltreated the women of the
country. This informatio was con-
tanned 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
Olney said that Waller was probably
convicted on insufficient evidence and
that on account Of the prjudice
against him he very likely was I'M
fairly tried
Although he stated that after the
examination of the letters he be-
lieved that Waller was very indis-
Greet and the correspondence would
indicate that he had guilty inten-
tons. He concludes with: ION all
the evidence. and in view particularly
of his own letters, Waller was I'M
questionably guilty of an offense
against the French government of
serious character and fully justifying
severe punishment
After the French government had
imprisoned Waller for nine months,
during which there was considerable
correspondence between the two
countries, an offer was made by the
French government to release him
from further Imprisonment and
pardon his offence upon the condi-
ton that the affair be thereby ter
minated as between the two govern
ments.
Waller was dissatisfied with the
terms of the adjustment, and insist
ed that our government should de-
mand compensation. On Frebruary 20.
1896, Waller was set at liberty at
Mines and the famous case was
brought to a close entirely satisfac-
tory to the government of the
United States. Waller was supplied
with means to assist him to get
home and the Waller family, being
left in destitute circumstances. the
department instructed it's represen-
tatives to provide for the immediate
necessities and to furnish them the
means to come to the United States.
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