Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-25

sdihuS. according 10 u Suoiosst, leSdi au-
wiser for the consular authorities here. 1t
is true that under the treaty italy has re-
fused TO surrender subjects of hers wanted
for the crime of murder In this country.
but that they are tried In that country
for the ofYense.
Although there is no legal machinery in
this country for trying a United States
citizen charged with a. crime committed
abroad and although there is no record of
a United States citizen being surrendered
TO the authorities OF q foreign state that
he may be tried for q crime committed
way by which Charlton may be returned
to Italy to exriate the crime to which he
has confessed was explained last night by
q man eonversart with italian law
According TO Italian criminal proceed
ure q person accused OF a crime may be
tried even f beyond the jurisdiction OF
the court. III the person SO tried in con-
tumacy' be found guilty. he can be SEN
liable to arrest wherever Italian authority
extends, whether by direc: jurisdiction or
through the medium OF treaties with other
states. and II arrested he begins his SEN
tence without further process OF law.
Escaped Convict.
Thus II Charlton were tried in con-
tumacy' in Italy. found guilty and sem
fenced, his status would thereby be
changed from that Of a fugitive from
Justice to that of an escaped convict
without citizenship. and hence theoreti-
eaily amenable to the law of extradition.
He would be an escaped convic; under
Italian law just as though he had been
tried, found guilty and sentenced in per-
son and subsequently Imprisoned. from
which imprisonment he had escaped.
Thus his extradition could bs demanded.
The only trouble with this solution Is
that this government would zoe very
doubtful about applying the status of
convict TO any citizen tried and convicted
In his absence
Late yesterday Consul Di Rosa, with
County Prosecutor Garvin, went before
Judge Blair in the Hudson county court
of oyer and terminer and swore to q
complaint charging Charlton with being
fugitive from Just1ce-this to take the
place OF the one drawn up Ia Hoboken
the day Of his arrest.
Charlton is accused Of having murdered
his wife at Maltraiso June by striking
her on the head with mallet."
Judge Blair granted a commitment
keeping Charlton in the county Jail as a
state prisoner pending adjustment or the
extradition proceedings. fixing Thursday
for a hearing to decide what further may
be done.
The commissioner will have no au-
thority to decide upon the e1tradition
itself. but he may save Charlton from it
by adjudging Charlton insane.
Betrays No Emotion.
While Charlten's heart-broken father
was working with the lawyers to save
the wife murderer Charlton betrayed no
emotion. He held his head nigh. strItted
about the jail corridor and seemed to
have no worry.
There Is a streak OF pride in this ado |
Ieseent youth" as Dr. Arlitx calls him.
He showed 1t yesterday. He would not
mix with the other prisoners: his CONVEX |
sation with his father and brother was
he declined all proffers Of
sympathy and told every one who spoke |
kindly to him that he could take care |
of himself and knew what he was about. |
He harped upon his family antecedents. |
that he came of fine stock"
He showed disposition 10 be superior to
every one.
1t did not disturb Charlton to know that |
Capt. Henry Harrison Scott, brother OF
hours. and when they left Charlton's apa- |
mined TO have him sent to Italy to be |
tried.
Il don't care what any one tries to
do,'' he declared. '.Tll not go back I'M
ess ] want tc. If 1 do go back there |
they won't convict me. anyhow"
His Apathy Vanishes.
Charlton's father and brother, his coun- |
sell and the alienists arrived in the after |
noon. Their examination took UP two |
hours, and when they left Charlton apa-
thetic attitude toward his father and
brother had completely vanished.
All three were in tears at the parting. |
made little effort to restrain his
emotion. When he left the prison the ia
ther appeared to be greatly affected.
When searched before going to his cell
Charlton had in his pockets 50 and
brush and comb. He complained when
the sheriff refused to give him a nail
file.
Under the rules Of the prison, Charlton
will be able to send out for his food,
good meal being supplied by the warden
for 30 cents. The prison rules are strin- |
gent and Charlton will have little liberty. |