411.65 Palumbo, Rosolino/12
The Secretary of State to the Governor of Louisiana (Allen)
Sir: The Department refers to your letter of July 29, 1932,29 concerning the death of Ross (Rosolino) Palumbo in New Orleans on May 10, 1932, and encloses for your further information a note of January 9, 1933, from the Chargé d’Affaires of Italy.
You will observe that the Chargé d’Affaires invites attention to the gravity of the circumstances which led to the death of Ross Palumbo while in the hands of the local police and asks to be informed of the action this Government has deemed it appropriate to take “in order that a result conformable to justice may be obtained, as indicated in Ambassador de Martino’s note of July 14, 1932, both for what concerns the responsibilities of the deed, and for what regards the just indemnity to which the widow and son of the murdered man are entitled”.
May I, in this relation, invite your particular attention to the report of January [June] 27, 1932, of Mr. Eugene Stanley, District Attorney, in which he states that the Grand Jury, after hearing the entire case, voted not to indict William Vandervort and William F. Grosch for [Page 596] manslaughter, that the State is barred from further action in the matter and that according to the laws of Louisiana the case is closed. I would appreciate it if you would be good enough to furnish me with authenticated copies of all official records relating to the case and inform me, with appropriate citation of pertinent authorities, more particularly concerning the laws of Louisiana which Mr. Stanley states render the case closed.
In view of the serious manner in which the Italian Government views this lamentable case, I would appreciate it also, if you would give it your personal attention with a view to taking such further steps as may be possible and proper in the circumstances looking to the determination of the person or persons responsible for the death of Palumbo and, if possible, to the administration of the proper punishment when such responsibility shall have been determined.
In view of the fact that Ross Palumbo was taken into custody by the competent local authorities, that he died as the result of violence while in the lawful custody of such authorities and that none of the said authorities has been indicted, you will appreciate that this Government is under an international obligation to render a more satisfactory accounting of the matter to the Italian Government than is contained in the report of the District Attorney. As you are aware, it is a well recognized principle of international law that governments are responsible in damages for wrongful deaths of nationals of other countries within their jurisdiction in cases where appropriate action looking to the apprehension and punishment of the wrong-doers is not taken. It is, therefore, incumbent upon this Government in this case to establish by satisfactory evidence that efficient measures were taken to determine the persons responsible for the death and to mete out adequate punishment after the responsibility shall have been determined, or to pay the Italian Government a proper indemnity. In this connection, I am enclosing a copy of a decision rendered on November 16, 1926, by the Commission established pursuant to the convention of September 8, 1923, between the United States and Mexico in the case of Francisco Quintanilla et al. v. the United States of America.30
It appears that the Italian Government intends to press a claim for international reclamation growing out of the death of Ross Palumbo. Inasmuch as the question of citizenship is important in a claim for international reclamation, I would appreciate it further if you would ascertain very definitely the citizenship status of the deceased and of the widow and child, as well as the date of the arrival of the deceased in this country and his place of residence after his arrival.
I have [etc.]