Amos T. Akerman to Hamilton Fish, 18 December 1871

Dec. 18, 1871. Hon. Hamilton Fish, Secretary of State. Sir: I have the honor herewith to transmit a copy of a letter from Mr. Noah Davis, U.S. Attorney for the Southern District of New York on the subject of the cases against Jordan and Ryan. In view of the defect of testimony, I am disposed to instruct him to discontinue the prosecutions, if, at the time of trial no testimony shall be attainable upon which he could ask a jury to convict. I cannot see that any other course is proper after the failure of reasonable efforts to obtain testimony, on the part of the Government. Before giving this direction, however, I shall be glad to receive any suggestions from you as to the effect of the proposed course on the public interests which the State Department has in charge. Very respectfully, &c. A. T. Akerman, Attorney General.