Mr. Eustis to Mr. Olney.

[Telegram.]

I concur fully in your statement of the law of the case. I have always had in view the danger of attempting to establish a precedent which might be used against us. My contention for a copy of the evidence has been based exclusively upon the exceptional circumstances under which Waller was tried, which I maintained was different from a case where there was a regular and orderly administration of justice. As to the use to have been made of the evidence, if communicated, I [Page 301] agree with you. I informed Mr. Hanotaux that my Government could not enter into a controversy with the French Government as to the weight and the effect of evidence adduced before a legally constituted tribunal.

Eustis
.