Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 2, 1913
House of Representatives.
63d
Congress; 1st session.
Document No. 105.
Message from the President of the United States, transmitting Report from the Secretary of State in relation to the case of Angelo Albano, an Italian subject.
To the Senate and the House of Representatives:
I transmit herewith a report from the Secretary of State in relation to the case of Angelo Albano, an Italian subject, who, on September 20, 1910, was, while in custody on a charge of crime, at Tampa, Fla., seized by an armed mob and killed; and I recommend that, as an act of grace and without reference to the question of the liability of the United States, Congress make suitable provision for the heirs of the Italian subject thus killed, the proceeds to be distributed by the Italian Government in such manner as it may deem proper.
Washington, June 26, 1913.
[Untitled]
The President:
On September 20, 1910, at Tampa, Fla., Angelo Albano, a subject of the King of Italy, was, while in custody on a charge of crime, seized by an armed mob and killed.
On representations made of the affair by the Italian Embassy at this capital, the Department of State immediately communicated with the Governor of Florida in order that appropriate steps might be taken to investigate the case.
The Governor had already taken measures to bring the guilty parties to justice. The next day after the occurrence a jury was empaneled to inquire into the matter. This jury was kept in session more than a week, during which time every effort was made by the sheriff of Hillsboro County and 30 special deputies to ascertain the perpetrators of the crime, but no evidence was obtained pointing to the guilt of anyone and the jury accordingly found that Albano came to his death at the hands of parties unknown.
Subsequently, at the fall term, 1910, of the circuit court for Hillsboro County, the grand jury investigated this case, but no indictment was found or other steps taken resulting in the apprehension and punishment of the perpetrators of the offense; and notwithstanding the cooperation of the Governor of the State with the Federal Government in order to bring them to justice, it appears that all efforts have been in vain.
As a consequence the Italian Embassy, in the name of the Government of Italy, has appealed to the sense of equity and justice of this Government for some settlement of this case and has requested that an indemnity of $6,000 be granted to that end.
In view of all the circumstances of the case and of the action taken by Congress in the cases of the lynching of Italian subjects at Walsenburg, Colo., in 1895; Hahnville, La., in 1896; Tallulah, La., in 1899; [Page 620] and Erwin, Miss., in 1901, and for the preservation of the cordial relations now existing between the United States and Italy, the Secretary of State has the honor to recommend that the Congress be requested as an act of grace and without reference to the question of the liability of the United States, to make suitable provision for the heirs of the Italian subject, Angelo Albano, in the amount named, to be distributed by the Italian Government in such manner as it may deem proper.
In this relation the Secretary of State has the honor to lay before the President, with a view to their transmission to Congress for the consideration of that body in relation to this case, copies of papers, some of which have been submitted by the Ambassador of Italy at this capital, in support of the claim for an indemnity made against the Government of the United States.
Respectfully submitted.
Washington , June 24, 1913.
[Untitled]
[Province of Girgenti. District of Bivona. Commune of S. Stefano Qnisquina. Office of Civil Statistics.]
Extract from the register of birth certificate of 1886. No. 14. Angelo Albano.
In the year 1886, January 11, at 11 a.m., in the Municipal Building, before me, Salvatore Reina, assessor, acting as mayor, recorder of civil statistics of the Commune of S. Stefano Qnisquina, appeared Albano Pietro di Angelo, 28 years old, domiciled in this Commune, who declared to me that at 4 a.m. of the 10th instant, in the house situated in Ciacchino Street at No.—, there was born, of Vincenza La Rosa, daughter of Vincenzo La Rosa, a country woman, his (Albano’s) wife, cohabiting with him, a baby of male sex, whom he presents to me and to whom he gives the name of Angelo.
All of which, besides this document, was witnessed by the witnesses Stefano Lazzara, 25 years old, a peasant, and Antonio Cullaro, 50 years old, a peasant, both residing in this Commune.
The present document having been read to the parties thus appearing, I have signed it, the declarant and the aforementioned witnesses having declared their inability to write.
S. Reina.
An extract agreeing with the original issued at the request of his excellency the Minister of Foreign Affairs.
Recorder of Civil Statistics.
[Untitled]
State of Florida,
County of Hillsboro, ss:
Before me, the undersigned authority, personally appeared Domenieo Albano, who being duly sworn, deposes and says: I am the uncle of Angelo Albano, who was lynched on September 20, 1910, near the city of West Tampa, Fla. I am positive that my nephew, Angelo Albano, was born in Italy about 24 years ago. About 15 days previous to his death, as I had the intention to apply for naturalization for myself, I asked him to accompany me to the Federal court to declare my intention of becoming an American citizen; the said Angelo Albano then told me I had better not do so, as he had never gotten naturalization papers himself and that he never intended to apply for them. Acting on his advice I did not go to declare my intention of becoming an American citizen, as I was inclined to do. I am positive that my brother, Petro Albano, father [Page 621] of the said Angelo Albano, was born in Italy about 53 years ago, and I lived with my brother, the father of Angelo Albano, from the year 1899 to 1902, inclusive, and during that time he never obtained naturalization papers or voted. And I remember also that in frequent conversations on the subject he always declared himself as not being in favor of becoming an American citizen.
Witnesses:
[Notarial seal.]
Notary Public, State of Florida at Large
My commission expires June 7, 1911.
[Untitled]
State of Florida,
County of Hillsboro, ss:
Before me, the undersigned authority, personally appeared Vincenza La Rosa Albano, who, being duly sworn, deposes and says:
I am the mother of Angelo Albano, who was lynched on September 20, 1910, near the city of West Tampa, Fla. I gave birth to my son, the said Angelo Albano, in Italy, about 24 years ago. About 15 days before his death, when my brother-in-law, Domenico Albano, asked him to assist him in becoming a naturalized citizen of the United States, my son Angelo Albano said on that occasion in my presence that he had never become a citizen of the United States and never intended to apply for citizenship papers, as Italians would always be considered as Italians regardless of the naturalization papers. I further depose and say that my husband, Pietro Albano, who was born in Italy and raised with me in my native town, always expressed himself as being opposed to taking out naturalization papers in the United States, principally for the reason that during his stay in this country he worked for 10 years on a sugar plantation in the State of Louisiana and for 7 years in the State of Colorado at other manual labor, which kept him out of the influence of politicians, and to my certain knowledge he never voted.
Witnesses:
[Notarial seal.]
Notary Public, State of Florida at Large
My commission expires June 7, 1911.
[Untitled]
Hon. Albert W. Gilchirist,
Tallahassee, Fla.
Dear Sir: Your letter of the 14th instant, in which you state that you do not think it will be necessary for me to send you a transcript of the evidence taken before the grand jury in the above matter, has been duly received.
A large number of witnesses were brought before the grand jury and interrogated about the matter, but no one could be found who could give any idea as to who constituted the party that took Albano from the custody of the officers. The two deputy sheriffs testified that they were sent by the sheriff’s office over to West Tampa, which is about a mile and a half from the courthouse, to get Albano and Figarrota, who had been arrested on some criminal charge. They stated that they got a hackman to drive them over to where Albano and Figarrota were held in custody; that they went by way of Fortune Street, and would have returned that way with said prisoners, and it is the nearest way to the jail, if Albano had not requested them to come by way of the courthouse so that he could see if he could not furnish a bail bond before being locked up in jail; that they complied with his request and came by way [Page 622] of Moody Heights, which would have brought them into Tampa by way of Grand Central Avenue and Lafayette Street; that as they were traveling south and a short distance from Grand Central Avenue, at what is called Moody Heights, they were suddenly held up by having pistols thrust into their faces, and the horses stopped by men standing in front of them and grabbing the reins; that while some held pistols in their faces the others in the party took Albano and Figarrota and placed them in an automobile, after which the crowd left; that they then turned around and went back to West Tampa and notified the sheriff’s office and the police department of the occurrence; that the prisoners were taken from them about 9 o’clock that night; that they did not recognize the voice, the form, or the size of any person in the crowd, and that they could not give any idea as to who was in the crowd, and that they did not recognize a single individual.
The hack driver also swore that he did not know anyone in the party and that he had no idea who any of them were.
It was impossible to get any evidence as to the identity of the parties from any witness examined.
The grand jury investigated the killing of Easterling at the same time they investigated the lynching of Albano, and the stenographer told me this morning that it would be just as cheap to have all of the testimony transcribed as it would be for him to take the time to go through his notes and pick out only that relating to the lynching of Albano. He said that a transcription of the testimony would cost at least $100. I am confident that the commissioners will gladly pay for it if you think you need it.
I have the honor to remain, very truly, yours,
State Attorney, Sixth Circuit.