Mr. Blaine to Baron Fava.
Washington, June 13, 1890.
Sir: As I have heretofore had the honor to inform you, I sent the letters rogatory, designed to elicit the testimony of certain persons in the city of New York in relation to the cases of Villella and Bevivino, to the governor of the State of New York.
I am now in receipt of a communication from him, dated the 10th instant, with which he returns the papers and refers to sections 914 and 915 of the code of civil procedure of that State, defining the manner in which a party to an action, civil or criminal, pending in a foreign court may obtain the testimony of a witness within the State to be used in such action. In order that the present letters may be executed in accordance with the sections which he pfoints out, the governor of New York advises that they be referred to the United States district attorney for the southern district of New York, or to the Italian consul at New York city, at whose instigation the desired depositions may be taken under the provisions of the code.
The Department is ofofinion that the surer and, perhaps, the speedier way of obtaining the execution of the letters is to send them to the Italian consul at New York city, who, in instigating action on the part of the local authorities, may be able, also, to assist them with any information that may be desired respecting the proceedings in Italy in which the letters have been issued. Consequently, I have the honor to return the papers herewith. It is proper to say that it is very seldom that an application is made for the execution in this country of letters rogatory in a criminal suit pending in a foreign country.
In this relation, I take occasion to acknowledge the receipt of your note of the 5th instant, in which you again point out the fact that the present letters rogatory, as well as those addressed to the authorities in Pennsylvania, have not been executed. The matter has been recalled to the attention of the governor of that State.
Accept, etc.,