The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-10

ing tn prove his insanity. Mr. Knox saws
that If the Magist rate erred in this r'sr'','t
IN. prisoner has his remedy IN ia" courts
and that n was not Tor 'he Department t.
pass upon thI- question lhIs ubS lousy
leaves "a good loophol" fur further court
proceedings
Secretary knox'- decision CAUSED con-
sid.rahl" stir IN official CIRCLES. wts'r" 4
has been taken for granted for -sv"ra,
months that tn" action ii This Govern
nent would y" unfavorahl" '" Italy
The Italian Government mad" formal
demand for Charlton "N'radl',uu IN
july %. which was Just ahu;It a month
after he had landed at Hnh"N"u and
walked into tn" arms of Tho WAITING dc
t"otiveS The sNtralI'luu uiuI!-'ra'"
committed him for surrender :" th.
Italian Government on October !a-'.
Tn. present decision hy Secretary Knox
has not been reached without good deal
of negotiation with IA" Italian Govern
m"nt shortly after Charlton wa 4
re-tcd IN nohokcn Secretary knpN offered
10 "NtraCiIt" him provided tn" Italian
Government would -tIpului" - surrender
It's suhj.cts III III tu'ur" Tn" Italian
Foreign Ofic'. replied that ia" penal cod"
y, lill" expressly forhad. ~" .Stradl'ioH
oi its suhi.ct- to Foreign tiovernu:'n'
and therefor" IN. offer II IN" United
States could not h" accepted
The meaning of thus treaty and 'h"
mutual ohllEa.sn- OF TIA" Two Govern
m"nts under II hav" been "A subject at Dip
tomato discussion tor many years The
atiitud. of thu, United States Government,
had been -istrut 'hruu Ehput aud II has
resisted III" contention II tn" Italian
fa-1ign bai~". although - recent wears
III" stat" Department hts discontinued
IN" prec'IC" Of making formal demands
Tor Italian tugi'ive- who r.iur.. to their
country Tins Government has never
and does not now formally aCuuit.-Cc IN the
construction Of the treaty Bv m" Italian
Government A. regard IN" Application
OF IN" treat =" ~ph"C'- "i ia" United
v"ntlon l. laid down clearly ~ this de-
cIsion for the first tim.
Al "a conference 81 Charlton lawyers.
X Floyd Clarke Il 81 Wall street. New
York city and former stat" senator
William ID Edwards and his partner.
Edwin + Smith 1T Jersey CITY. yesterday
afternoon plans were discussed for fur
Their litigation to Prevent the deportation
II possible. Judge Charlton. the defeud
ant = father. was not present
Charlton had not been Informed of
Secretary KnoS's decision up u a late
hour last night. Warden Patrick J
Sullivan Of the Hudson county Jail M
Jersey City. where Charlton has been
confined since the day following hl-
arrest IN Hohnk"n. said that h" hadn
the heart to tell lnm the bad n.w-
I will leave that to others vii" arc
nearer To him. said the. warden
sullivan said that Charlton j. one uG
the best behaved and best liked u-I-onars
IN III" jail II. has never discussed
his case with any II his keepers and
seldom has anything G ~Iv 60 anybody
on other subjects H.. si,snd- most vi
his time reading newspapers. hooks and
magazines, with which hi- father h.l.
kept HIM abuniantIy supplied ! h"
warden said that h" has often seen tho
youug man staring I'i'r space IA a vaC.t'.r
sort Ut way and has found N difficult ~
times 10 arouse him from his melancholy
Judg" charlton called AZ On" ian Co
-'.' ni- -nn on Thursday ~" - "Ip"cr"t
To- make anOi her visit to-day
William u EDWARDS and Edward
Smith counsel for Porter Charlton. will
Court in Trenton TODAY with an IpplICa-
riun for a writ Of hahsl- corr u- CLl.inE upon
tho sheriff 81 II udsu IN county and the
warden of the Hudson county Iai, o.
show CalIse why they are OBTAINING Charl-
ton. Az ths same time Couns" will ask
l"av" - apply for a writ ~ cer- iorari
should The District Court uphold ih.
contention of Secretary Knox that Charl-
ton should b" d"portei a writ pf error
will he IlSA.i for and IA" cas-, taken to
the Circuit Court If Appeals Failing
there IN. case will GO - thu. tnii.d states
supreme Court
Cages IL the character ~ Charlton =
hav" preference IN IN" nItei states
court calendar. and a. - eNy.Cr.d thar "a
decision from Ih"rSuprcm. Court will u.
handed down hv 'h.- mrs ~ February