Greene County herald. (Leakesville, Miss.) 1898-current, 1910-12-16
CHARLTON FIGHTS
RETURN TO ITALY
WILL CONTEST ORDER OF STATE
DEPARTMENT FOR HIS
DEPORTATION.
SECRETARY KNOX INSISTS
VIII Comply With Request of italian
Government for Extradition of
Fugitive as Treaty
Obligation.

Trenton, n. j., Dec. 12.-R. F.
Clarke, chief counsel for Porter Charl-
ton, whose extradition to Italy has
been ordered by the state department,
will at once apply to the United States
circuit court for writ of habeas cor
pus to prevent Charlton being turned
over to the Italian government to
stand trial for the murder of his wife,
Mary Castle Charlton, in their villa
on the shores Of Lake Como, Italy.
"The secretary of state had no
right to order the extradition of Charl-
ton," said Clarke. ITALY having re-
fused to return criminals to this coun-
try for trial when asked under the
terms of treaty, she broke the treaty
and it is now as though it never ex-
listed.
"The extradition must be according
to law, and neither the president nor
the secretary of state can make that
law. Congress has the power, and the
secretarys statement that, despite
Italy's action in ignoring the treaty,
ne would observe its terms, shows he
is taking on his shoulders powers he
does not enjoy.
"We also plan to prove to the fed
eral court that our client is insane.
If the court here decides against us,
we will appeal to the supreme court.
We intend to make a hard fight to
keep our client from being turned over
10 tIa to1i
Secretary Differs.
Secretary Knox holds that the fact
that Italy refused to surrender her
citizens to the United States for trial
does not relieve this country from the
obligation Of the extradition treaty to
surrender to Italy fugitives from JUS
tice from that country. The question
Of the insanity of Charlton, it is sug-
gested, is one for the courts and not
for the state department to determine.
Secretary Knox says:
1.-THE meaning of the treaty with
reference to the obligation resting
upon the government of Italy to re-
turn to the United States subjects
fugitive from justice of this country
has been under discussion for great
many years, the Italian government at
all times during such discussion in
siSting that since, under Italian law,
1t could punish Italians committing
crimes in foreign countries, and was
by that law prohibited from surren-
dering Italians to such foreign coun-
tries for trial and punishment, it rest
ed under no obligation under the
treaty to surrender Italian subjects
to the United States, and the United
States contended that the surrender
of citizens was imposed upon both
countries by the treaty"
In concluding his memorandum in
the case, Secretary Knox says:
"In determining the meaning which,
as matter of public morals, ought to
Ce given an extradition treaty, it
must be remembered that under our
constitution and laws it is not pos
siblo to punish criminals in this coun-
try for crimes committed against the
peace and dignity of foreign govern
ments, and that, therefore, unless we
surrender to such foreign govern
ments, for trial and punishment there
in, our citizens committing crimes
within the jurisdiction of such gov
ernments. such citizens will go wholly
unwhipped of justice"