Daily press. [volume] (Newport News, Va.) 1896-current, 1910-12-10
DECISION IS REACHED
BY SECRETARY KNOX
Man Charged With. Killing Woman at
Lake Como Will Be Taken Sack to
! Ease Court in That Countryside
iections TO Return Without Merit.
OFFICIAL Explains Matter in Detail


rotary Knox today granted the re-
quest of Itaiy aor the surrender OF
Porter Charlton. charged with the
murder of his wife al Lake Como.
The secretary holds that the fact that
Italy refuses to surrender her clti-
zens to the United States for trial
does not relievs this country from
the Obligation OF the extradition
treaty to surrender TO Italy fugitives
from justice from that country. The
question of insanity OF Charlton, II
is suggested. is one for the ccurts
and pot for the department OF JUS
tice.
Had Secretary Knox refrained from
acting upon this case for six days,
Porter Charlton xould have been
free man, as me statutes required
final action in the case within sixty
days from the date Of his commit
ment.
The secretary takes broad ground
in mis- opinion, believing that The mere
fact that the italian government de-
clines OF surrender its own citizens
does not ahsolve the United States
from full responsibility under the ex-
tradition treaty and in no way acts
to abrogate that treaty. The Legal
contention of counsel Of the accused
on that point and Gu the other
points that the Italian demand for
Charlton's surrender, had not been
made ina strict accordance with the
requirements of the treaty are swept
away by the secretary as without
basis and the committing magis-
trste's proceedings are found to have
been regular in all respects.
Have Recourse to Courts.
A Closing remark by the secretary
is or deep significance. carrying the
plain intimation that Charlton's at
torneys may have further recourse TO
the courts If they are disposed TO
raise the question of insanity.
The decision relates to the history
of the case, beginning with the ar
rest of Charlton 10 New York on
June "a. last. on complaint of the
Italian vice-consjl.
Formal demand for the extradition
of Charlton under and pursuant to
the terms of the extradition treaty
between the United States and italy
reads the decision signed by Secre-
tary Knox. was made upon this gov
eminent by the government of Italy
under date of July % treceived by
the department July 800. thdat is,
within the forty day period fer this
purpose in the treaty. Later Charl-
ton was taken before an -extradition
magistrate, who waived a formal
hearing, was provided by treaty and
statute. committed him en- October
IA. COR surrender TO the Italian gov
eminent
Objections Without Merit.
"The committing magistrsse rec
ord. transmitted to the department.
discloses no malfrial informal;ty in
thef proceedings and case calling
for the surrendered the accused IN
der the treaty terms is made out, un-
less such surrsH<'er IS 10 be defeated
by objections raised by coansei fcr
the accused. These objections are.
in their order:
''First-That the secretary OF state
should decline to surrender the ac-
Gus ID and the president should direct
his discharge because the record OF
the committing magistrate as trans
mitfed TO the department does not
con hin the formal demand OF the
Italian government for the surrender
o. the fugitive. or show that such
demand was made within the treaty
period: and the department may not.
in passing Upcn the mst:er Of surren-
der. take note Of the fac that the de
mand has been made within the prop
CT time and that Il is IN the depart
mert's files forming a. part OF the de-
partmenf's record OF The case. since
the department msy not IN passing
upon the question take into consid-
Grafton any evidence net before the
committing magistrate
Secretary Knox. after discussing
the objection. concludes that '1be irst
objection raised by counsel for the
accused IN this case n without merit
and Of no efcc. IN defeating extradi-
ton
Secretary Knox then quotes the
second objection raised BY counsel
for ne defense. a. follows:
Second Objection.
The second objection Is that Chari.
ton should not be surrendered -
cause. under the treaty providing that
each government shall surrender per.
sons fugitive from the one and found
IN The other. Tisiy refused 70 curren-
der 70 the Unifed states for trial and