Baron Fava to Mr. Hay.

Mr. Secretary of State: When I laid before your excellency, with my note of the 15th of January of this year, certain evidence to help in the detection of the guilty in the Tallulah lynching, I had occasion to advert also to the case of Giuseppe Defina, a brother-in-law of the Difatta brothers, who was, on the evening of the lynching, threatened with death by the mob if he should not depart from Millikens Bend, where he lived, and had to repair to Vicksburg, leaving his house and property behind.

I reserved to myself the right of again taking up this matter, concerning which I wanted to collect more precise information.

I now transmit herewith to your excellency, with a request that they be returned to me, the following papers:

1.
Certified copy of an extract from an account of the lynching, given under date of July 26, 1899, by the representative of the consulate at New Orleans, who had gone to inquire on the spot (Ann. A).
2.
Certified copy of an affidavit of Giuseppe Defina, taken by the Royal consular agent at Vicksburg (Ann. B).
3.
Copy of a report from the Royal consulate at New Orleans of the 18th September, 1899 (Ann. C).

From these documents, which, I am privately assured, are in accordance with the facts, there results: First, that Defina actually had to abandon his property, with his family, in order to save his life. The testimony of Drs. Ward and Gane, who may be examined in this connection, and who warned him of the danger he would be in if he did not put himself immediately out of harm’s way, is especially important in that respect. Second, that in spite of the sheriff’s assurances Defina was on all hands advised not to return to the spot, which, indeed, he never visited again. Finally, that Defina, who has now lost his all, sets his loss at about $5,000.

Under ordinary circumstances I would have advised him to apply to the local judicial authorities. But your excellency is not the person to whom I need demonstrate how the conditions of justice in that district are such as to make any kind of resort to these courts wholly superfluous. Nor does it avail to say that he would have a special jurisdiction open to him in the Federal courts of Louisiana in his character of an alien, for he could find no one inclined to testify for fear of vengeance. The judicial point would at length be raised whether the country or the parish were responsible for the violence of the mob and for the scanty safety of the place or whether the several individuals should be held responsible, in which case it would not be possible to find them out. There would be, in addition, the costs involved in such a procedure.

It has therefore seemed to me that this was a proper case to submit to the equity of the Federal Government, owing to its connection with a condition of things that your excellency has not hesitated to acknowledge and deplore. I send you herewith, to that effect, a petition (Ann. D) that Lawyer Commander Baisini, head of the International Judicial Institute, counsel of Defina, has addressed to the Royal ministry for foreign affairs and that the latter has transmitted to me with special recommendation that I ask of the Federal Government such indemnification for damages as Defina would appear to be unable to secure in any other way.

I doubt not that your excellency, fully appreciating the justice of the case, will direct an examination of the papers and take the present application in benevolent consideration.

Be pleased, etc.,

Fava.
[Tnclosure 1.—Translation.]

Mr. Cavalli to Mr. Papini.

[Notes of the representative of the Royal consulate in the investigation made by the consular agent, Mr. N. Piazza, at Tallulah, La.]

I deem it my duty, in order to justify the delay of forty-eight hours in leaving Vicksburg for Tallulah, as the assistant of this Royal consulate in the official investigation ordered by the Royal agent, to make the following statement:

As soon as I had arrived at Vicksburg I called on the Royal consular agent, who had already received a telegram from the consul notifying him of my arrival. The [Page 726] agent received me, but, having heard that I proposed to go to Tallulah at once in company with him, he refused positively to leave Vicksburg, declaring that he would not do so on any account, because—

1. The occurrence took place outside of his jurisdiction, he being the Royal agent for Mississippi, and the lynching having taken place in Louisiana.

2. He had been advised by everybody not to go, owing to the risk that he would run, the minds of the people, as he had been informed, not yet being pacified. Among his advisers was Attorney Pat Henry, who, having gone alone to Tallulah on Friday to look after the interests of Romano, a creditor of Frank Difatta, was very coldly received, and observed in the district manifest signs of aversion to any person who came there on account of matters connected with the lynching.

3. He considered any investigation at Tallulah as being useless and out of place, the entire colony residing there having been broken up.

It was therefore not to be presumed that sincere, honest, and dispassionate declarations could be had of the inhabitants, and it appeared from the testimony of one person who had witnessed the crime, but who was unwilling to make himself known, owing to the fear which he felt, that all, or almost all, the persons composing the population of that village had taken part directly in the murder or had consented to it.

4. Because it would be easier for him to make an investigation in some place other than that in which the murder had been committed.

In view of these objections, I, thinking that the instructions received from the Royal consulate authorized me to act as an assistant to the aforesaid officer in the investigation which the Royal agent was ordered to make, informed this Royal consulate by telephone of the objections of the agent, requesting the consulate to telegraph again to the agent, insisting that he should start with me.

At the same time, with a view to overcoming the hesitation of the Royal agent, I requested the consulate to procure, without delay, from the governor of the State some sort of an assurance that the Royal agent and the representative of the consulate would have no trouble if they went to the place. A dispatch from the consulate was soon received, assuring the Royal agent that he might freely go to Tallulah. When I informed him of this he told me that he had, of his own accord, telegraphed to the sheriff of Tallulah, and that the latter had answered him, giving him the most ample assurances. At this point the hesitation of the Royal agent ceased. But at my urgent request that he would set out immediately, on Sunday, the 23d, and, as the train which arrived at 11.35 had to be awaited, that he would start in the morning early, hiring a carriage in order to arrive promptly at the place, and thus have ample time to examine the place and investigate the case as fully as possible, the Royal agent objected, saying that on Sunday, according to the American custom, the persons who were to furnish to us their assistance could not be relied upon for that purpose, and that it was not proper to disturb those gentlemen on Sunday. He consequently thought that we ought to wait till Monday.

As it was therefore not possible for me to prevail upon him to start, I was obliged to wait until Monday, the 24th, when we finally set out.

It can easily be imagined that at Tallulah, for reasons that can be more easily guessed than described, it would not be possible to secure any information, as all parties there were pledged to silence. The Royal agent, however, did not fail to do all in his power to perform his task properly. I should have been glad to remain all day at Tallulah, and all night too, and to leave on the next day by a freight train that arrived in the morning. I had expressed this desire to the Royal agent, not because I was convinced that we could accomplish anything by remaining or because I thought that by remaining we could learn more than was already known. I only wished to do so in order to give moral satisfaction to the Royal consulate, to the inhabitants of the locality by showing them that we were in no haste to leave, and likewise to the people of Vicksburg. The Royal agent was informed of my desire, and I telegraphed to the Royal consulate, saying that we should stop there over night, but a few moments afterwards the Royal agent told me that he desired to leave by the next train, for reasons known to himself, which he told me afterwards. In this state of things I, in my turn, requested the Royal agent to suppress the notice given to this Royal consulate, and, at about 4 o’clock, we left. The Royal agent did not think proper to remain any longer, because there was no ground to hope to obtain from those gentlemen any reliable information, and because, as we both, for very good reasons, had been obliged to accept the hospitality so generously extended to us and the cordial welcome of those persons, a part of whom, perhaps—if not all—had taken part in the murder, it would not be proper to go beyond the bounds, which we would certainly have been obliged to do had we remained.

[Page 727]

explanation made at vicksburg, miss., with regard to the lynching.

One Frank Raymond, a traveling painter, who frequently visited Tallulah and its vicinity, was on the best of terms with the deceased Frank Difatta. He was examined at length by me at Vicksburg. He claimed that he knew the name of an upright and disinterested person who, in all probability, had witnessed the lynching which took place on the 20tb, and who, if examined in a distant place, where he could be sure that he would not be exposed to danger on account of his answers, might give valuable testimony. That person, the painter said, was a man named Blander, a barber at Tallulah, who conducted his business opposite to the establishment of one John Wilson, who (Raymond said) had been an instigator of or participant in the murder. Raymond declared that he was ready to answer any questions. He knew the deceased, spoke well of them, and said that there was a latent grudge against them, and that he had often warned them to avoid difficulties that might result in a catastrophe. If that is true, he was a prophet.

It is claimed that a certain --------, a saloon keeper, egged on the crowd to perpetrate the murder, promising whisky and beer gratis to them if they would lynch the Italians, Frank Difatta, Rosario Fiducia, and Cirone. According to Raymond there was a plot, not among the Italians to do harm to the doctor, but among the shopkeepers of the village and others, from a spirit of rivalry in trade, and from a desire to prevent the Italians from voting. From the examination of Giuseppe Defina, of Cefalu, a brother-in-law of Frank Difatta, and a tradesman, apparently in good standing, which examination was held by the undersigned, it would appear that he fled precipitately in order to avoid certain death, together with his son Salvatore.

He resided at Millikens Bend, La., a village about 5 miles from Tallulah, and he had lived there for about six years. His business was flourishing. On the evening of the lynching a boss met a crowd of armed men on the road from Tallulah to Millikens Bend. He stopped them and asked them where they were going. He was told that they were going to Defina’s house to kill him. He dissuaded the crowd from doing so, assuring them that Defina did not deserve to be lynched, as he had done nothing that called for such a measure.

He succeeded in inducing the crowd to retrace their steps, but they told him to let Defino know that twenty-four hours’ time would be given him to leave that locality, and that if he failed to do so in that time he would be killed.

On the following day Dr. Ghem, having learned at Tallulah that the twenty-four hours’ delay which had been granted to Defina had been reduced by those rascals to two hours, and having Deen unable to induce them to change their minds, went to Defina’s residence and told him to leave the village at once if he did not wish to be killed. Defino then secured a small boat and made his escape on the river, repairing to Vicksburg and leaving his store and the debts that were due him to their fate, since he could not do otherwise. It appears, however, that the store was respected. At Tallulah the writer inquired of the authorities whether Defina could return to his home; he was told in reply that he could do so without running any risk, but that, as friends, they could not advise him to remain there long.

The reliable person mentioned in the report of the royal agent (which report I had the honor to draw up) is a priest, who does not wish to have his name mentioned, inasmuch as he is obliged to go to Tallulah from time to time to perform the duties of his ministry. He resides at Lake Providence. He is a Frenchman. He had a long conversation with the undersigned. His opinion is that all the people of the locality took part, either directly or indirectly, in the killing of the Italians, who were disliked for the reasons above mentioned.

He mentioned the name of Judge Montgomery, of the court at Tallulah, as a possible impartial witness. The judge, when interviewed at Vicksburg on the morning of the 24th by the royal consular agent and requested to throw some light on the subject, excused himself on the ground of the judicial position which he held at Tallulah, which was incompatible, as he said, with the position of a witness.

I have nothing more to add.

Enrico Cavalli.

A true copy of the original.

C. Papini
[l. s.],
In Charge.
[Page 728]
[Inclosure 2.]

Royal consular agency of His Majesty the King of Italy at Vicksburg.

In the reign of His Majesty Humbert I, by the grace of God and the will of the nation, King of Italy.

In the year 1899, on the 13th day of the month of December, in the State of Mississippi and at the royal consular agency of Italy, before me, Chevalier Natale Piazza, royal consular agent, assisted by Mr. A. L. Tirelli, acting as chancellor, personally appeared Giuseppe Difina, son of Matteo Defina, said Giuseppe Difina being a native of Cefalu, now residing at Anguilla, Mississippi, and after taking his due form of law before us, made the following statement:

I emigrated to America in the year 1889, going at first to New Orleans, and, in 1892, I went to reside at Millikens Bend, Louisiana, where I opened a provision and miscellaneous store.

By my good conduct I soon acquired a reputation as being a more honest man than any of the others engaged in similar business, and thus I secured numerous customers, and I soon found myself in an enviable position, being able to make loans and to sell my goods on credit to the families of the place, who paid for the goods when they had gathered their cotton crops.

On the night of July 20th, at Tallulah, after the lynching of my unfortunate brothers-in-law, the lynchers, who knew me well, because I frequently came to Tallulah on business, having accomplished their cruel deed, decided to go to Millikens Bend for the purpose of lynching me, wishing to kill the last Italian that still lived in the country.

Mr. Ward, an owner of real estate at Millikens Bend, who that night was on the road between Tallulah and Millikens Bend, fell in with a group of armed men to whom, I believe, he was known. He asked them where they were going, and they said: “We are going to Millikens Bend to lynch the Difinas.” Ward, who had always been very friendly to me, was greatly surprised and displeased at the plan which those men proposed to carry out. He implored them in my behalf, praising me highly, but could get no promise from those ruffians, who were still thirsting for our blood. He pleaded so hard, however, that he induced them to promise that I should have two hours to leave the country, in default of which I should be lynched. As Mr. Ward could not go to my house, he fell in with Dr. Ganes after he had induced the lynchers to withdraw. Dr. Ganes is a resident of Millikens Bend, and had just returned from Tallulah, where he had visited Dr Hodge, who was the cause of the lynching. He was then going to his own house, and was requested by Mr. Ward to inform me of the decision of those murderers, viz, that if I had not got out of the way in two hours I should be lynched without mercy.

When I received this unwelcome information I understood that Dr. Ganes, without having himself seen the band that Mr. Ward had met, had been informed of the threats made by the lynchers against me even before he had left Tallulah that night.

A few minutes before the doctor’s arrival at my house I had been informed of the occurrences of that night by a negro who accompanied the doctor on his trip to Tallulah and back, and while I was awaiting more precise information I observed that various persons living at Millikens Bend had assembled in a group, and that they were secretly talking to each other about the lynching at Tallulah; and also, I think, about the threats of the lynchers to kill me. I observed that those persons felt very badly about the plight in which I was, but I do not believe that if the lynchers had come to Millikens Bend those people would have resisted the assassins in order to save me and my children.

Having been informed by Ganes that Hodge was dying, and that if he died my life would certainly not be spared by the lynchers, I decided to flee with my children without loss of time on board of a small boat, having been told by Ganes and others that it would be exceedingly dangerous for me to leave Millikens Bend by land. I went to Vicksburg, sailing along the Mississippi River. You know that you saw me there in a deplorable condition, and suffering from a burning fever. You remember that I told you all that had happened to me. Of course, I left to its fate a well-furnished house, which was full of all kinds of merchandise, household furniture, three horses, four carts, and eleven acres of land planted with indian corn and cabbages, together with other garden stuff, which was entirely destroyed by the thieves. I had, moreover, outstanding debts to the value of more than $2,000, as my book will show, without counting various sums, both in money and goods, loaned to persons with whom I did not have an account opened. I have several times reckoned up my losses conscientiously, and have found that I had suffered a loss amounting to about [Page 729] $6,000, but having recovered, through honest persons, the three horses that I had lost, which were in the woods dying of hunger, and three damaged and useless carts, together with some boxes of old merchandise of no value, which had been left by my nocturnal visitors, because the articles of good quality fell into the hands of the conscienceless thieves; thus, having recovered those articles, together with the animals in question, I compute my losses as amounting to not less than $6,000.

I have inquired of several influential persons living at Millikens Bend whether I could return to that place in order to settle up my affairs without being disturbed by the enemies of the Italians, but they have all told me that if I should return I would certainly be maltreated and even mercilessly lynched, because those people are no jokers.

The consul at New Orleans interested himself in procuring an order for me from the governor of the State authorizing me to go to Millikens Bend to settle up my affairs, promising me protection by the local authorities. I have not been willing to accept this, because, if those authorities can not prevent a lynching like that which took place at Tallulah, they certainly can not prevent one in the woods at Millikens Bend, through which I should be obliged to pass in order to settle up my affairs.

Having been advised, as I have before remarked, by influential persons of the locality to abandon everything and not to go there if I care for my life, I think that the part of a prudent man is to follow this advice.

A few days ago my son Matteo, a highly respectable youth, who was always well liked before our misfortune at Millikens Bend, desired to go to a farm near there to collect a debt from a farmer who owes me $350. Scarcely had he been seen by some person of the neighborhood when they came to him and urged him as friends to keep out of the neighborhood, and to go away quickly, because, as they said, the hatred of the Italians was constantly increasing, and if he should be seen, it would be a serious misfortune to him (observe that the persons in question are friendly to us and owe us nothing); consequently you can understand that my flight from the place was not caused by fear, but by the reality of the threats of those cruel people.

In view of my serious losses owing to this unfortunate affair, I find that I have suffered damage to the amount of not less than $5,000, and feeling certain that the Government of my native country will not fail to support my claims, I have, through Mr. Baisim, my representative, made a statement to his excellency the minister of foreign affairs of Italy, setting forth with truth and sincerity all the painful misfortunes which I have suffered.

I have made a statement of the foregoing, by means of the present procès verbal which, after having been read and ratified, is subscribed by the deponent in my presence.

The deponent.
Giuseppe Defina.

The royal consular agent.
N. Piazza.

The acting chancellor.
A. L. Tirelli.
[l. s.]
[Inclosure 3.]

The officer in charge of the royal consulate of Italy at New Orleans, to the royal embassy of Italy at Washington, D. C.

I deem it my duty to report to your excellency the following:

Giuseppe Delfino (or Defina), the Italian who escaped from Millikens Bend when the lynching took place at Tallulah, through fear lest he also should be lynched, informed this consulate that he desired to return to Millikens Bend in order to settle up his affairs, and asked that the authorities would guarantee his personal safety.

I consequently addressed the governor of the State; Governor Foster wrote to the sheriff at Tallulah, and handed me the sheriff’s reply, a copy of which I have the honor herewith to inclose. I likewise sent a copy to Defina, as appears from a letter from him, which I have the honor to submit to your excellency, begging that it may be returned to me; in this letter Defina points out that his life is not sufficiently guaranteed by a piece of paper, and states that he reserves the right to claim indemnity.

(Signed)
C. Pappini,
In Charge of the Italian Consulate at New Orleans.
[Page 730]
[Inclosure 4.]

Mr. Baisini to the Royal minister of foreign affairs, Rome.

I have received very grave news from Vicksburg, which must certainly have been brought to the notice of the Royal ministry under your charge, since the writer of the letter to me is well known at the Royal consular agency there. The case, as stated to me, is as follows: After the killing of the Difatta brothers and their two companions, the band of lynchers, having learned that a brother-in-law of the Difattas, named Giuseppe Defina, of Cefahi, was settled in the village of Millikens Bend, Madison County, held a council, at which they decreed the death of both him and his entire family, for no crime save that he was connected by marriage with the unfortunate men who had been lynched. Without losing any time the lynchers mounted their horses and started for that village in order to carry out their nefarious design. Fortunately a friend of Defina, an American, having received intelligence of their plan, mounted his best horse and galloped to inform Defina that he was threatened with lynching. The poor man had scarcely time to collect his children and to escape by precipitately crossing the Mississippi River. He had a good business at Millikens Bend, where he had 11 acres of land under cultivation, where he raised vegetables, etc., and had outstanding debts to the amount of about $2,000, and he also had furniture, horses, carts, etc. In order to save his life he was obliged to abandon everything, without hope of returning, and he is now, with his children, without employment and plunged in the direst misery.

In my capacity as attorney for the unfortunate Defina (as is shown by an authenticated instrument bearing date of April 15, 1899, drawn up at the office of the Royal consular chancellor at Vicksburg) I deem it my duty to call the attention of the Royal ministry under your charge to this additional crime perpetrated upon our countrymen, and I respectfully ask that, if proper evidence of this act is obtained, you will, in the negotiations now pending with the United States Government on account of the lynching at Tallulah, efficiently uphold the rights of my poor client to moral and material indemnity.

With the most profound esteem, etc.,

(Signed)
Jacopo Baisini,
Director-General of the International Law Bureau.