The San Francisco call., 1910-06-26
ITALY MAKES
formal DEMAND
FOR CHARLTON
Wife Murderer to Be Arraigned
Tuesday as Prisoner of
New Jersey
Slain WOman's Brother Insists
That Youth Is Sane and
Should Face Trial

NEW YORK. June 25.-The case
against Porter Charlton, who has con-
fessed having murdered his wife at
Lake Como, Italy, marked time today.
With the attitude of the Charltons de-
fned and the status of the case in New
. Jersey law established, further de-
velopments now await the outcome OF
such extraditiOn negotiations as may
be in progress between Washington
and Rome. All evidence in the case
was turned over to the Italian foreign
Office by the minister of justice today.
Formal application has been made
for the prisoners e1tradition by the
Italian government" said Gustave di
Rosa. acting Italian consul here, to-
night -Charlton's crime was against
society, and the welfare of society de-
mands that he answer for his offense
The Italian government is without feel
ing in the matter; the Italian judge al
Como is more than willing to forward
all the evidence here in the case. He
would like TO have Charlton tried here
2. but your laws forbid; therefore. eX-
tradition seems just, reasonable and
Imperative from the standpoint OF So
ciety at large.
OBJECTS TO ALIENISTS
1T is absurd that alienists should
stand in the way of this mans return
60 Lake Como. II Charlton is insane,
, Italian alienists are as capable of de-
termining the degree Of his responsi-
bility as others. Our laws are fair and
our punishments no more severe than
here"
b: There was further examination of
Charlton this afternoon by alienists
retained for his defense, but no state
ment Of their conclusions was made.
We do not expect a report for some
= time yet" said r. Floyd Clark, his
counsel
As in so many other murder cases of
world wide notoEjety, the proceedings
in the case Of Charlton bid fair to turn
largely on the question of the defend
ants sanity. Judge Paul Charlton Of
Washington, the prisoners father, de-
clares that he purposes abiding en-
tirely by the decision reached by the
experts he has retained TO examine his
son and pass on his mental condition.
E He believes Porter to be mentally un-
balanced
SANE. DECLARES SCOTT
On the other hand, Captain Henry
Scott. the murdered woman's brother,
personally and through his attorney,
Emil Fuchs. indicates his determination
10 press the charge against Charlton,
bring about his eXtradition to Italy, II
that be possible, and his trial for the
crime. Captain Scott insists that the
youth was and is in full possession of
his mental faculties.
The alienists engaged by Judge
Charlton are DR.. Charles Dana, DR..
Allen McLane Hamilton. DR.. Edward
: S Fisher and Or. William Jerome Ar
litZ Of Jersey City.
Charlton stands formally charged
with murder on complaint Of Gustave
,5i Rosa, the acting italian consul here
and has been committed on the state
ment that he is wanted by the Italian
government. The authorities OF New
Jersey have him in custody.
George T. Nickers. first assistant
prosecutor. who was in charge Of the
PROSECUTORS Office today, said that when
Charlton is arraigned on Tuesday be-
fore Judge Blair in eNtradition pro-
ceedings the state viii expect 70 have
evidence Of the corpus delicti, the fact
Of the murder and Of the flight Of the
prisoner. After these have been estab-
lishd the confession of the prisoner
will be introduced.
Eickers said that il by Tuesday q
warrant for Charlton had not been re-
ceived from the United States authori-
ties. Charlton would be discharged by
.Tudge Blair and would be Immediately
rea rrested by United States marshal
and taken before a United States com
missioner as a prisoner of the govern