Amos T. Akerman to Noah Davis, 22 November 1871

Nov. 22, 1871. Hon. Noah Davis, U. S. Attorney, New York. Sir: I have received your letter of the 15th instant, giving the reasons why the respective prosecutions against William O. C. Ryan and Thomas Jordan have not been pressed. Your inability, after due effort, to obtain evidence sufficient to convict these parties, is of course a good reason for not having gone to trial. I see no objection to the course which you suggest, namely, that if evidence upon which you could properly ask a jury for a verdict of conviction cannot be obtained after a reasonable effort to obtain it, you enter a nolle prosequi in both cases. Before taking this course you should give notice of your intention to the counsel for Spain, and to any other accessible parties who have taken an interest in promoting the prosecution. You should also exert yourself to obtain testimony in the case. As soon as these cases shall have been finally disposed of, you will make to this Department a report of them, including a statement of the efforts to obtain testimony. Very respectfully, A. T. Akerman, Attorney General.