The sun., 1910-06-25
CHAULHOES PLEA INSANITY



hut ! will do all In my power to OffseI
whatever influence he may have
The Captain said that In view Of ths
Developments in the case he bad applied
Tor an indefinite leave n absence.
According 10 tho friends Of Charlton
he Is suffering from tuberculosis and IL
Affected mentally. They insist that he
cannot 1--we long any way and that he
should be allowed Ia die in his own country
instead of in an Italian prison. On the
other hand Il 10 tho contention Of Mr.
Fuchs that all this is for tho trial court
in Italy to consider. particularly the
question Of the prisoners sanity. which
under tho law can bs raised at the trial
and at no other time, This point. Mr..
Fuchs said. would he brought out before
the United States Commissioner.
SO far as the Italian Government au-
thorities here are concerned the extra
ditiOn question seems to be perfectly
plain sailing and they profess to be un-
able to see why any doubts should arise
in regard to the matter According 10
U. MOlossi. the legal adviser for the
consular authorities here. who was one
Of those who iournsyed to Hoboken yss-
ierdAy to take a hand In the affair. Il 10
true that under the treaty italy has
refused to surrender subjects OF hers
wanted for the crime Of murder In this
country. but the thing doesn't work tho
other way around. for the reason that
under the Italian penal code. section o.
IA Nask NNaH
render Can he tried over there for a crime
committed in another country. The
men whom Italy did refuse 10 surrender
IN one case were tried over there. he said,
Tor murder although the crime was COM
mitted here. Under our law. however,
u 10 not possible 10 try any one except
IN the jurisdiction in which tho crime was
committed. Hence in the case Of an
American fleeing from a crime in Italy,
were we TO apply the treaty a. Italy has,
added Mr.. MolOssi, the man wouldn't
be tried az all. Were this the case
he added. -all that Americans would
have to do would be 10 murder their
victim In Italy and escape 20 this country
and they wouldn't ever have To face a
jury for their crime
Acting Consul al ROsa and Mr.. MOlossi
were early on hand yesterday az Hoboksn
expecting that Charlton would be ar
raigned at Q O'Clock before Recorder
Mc(iOvern, but this was not done EH-
senator Edwards insisted that il wasn't
required that the prisoner should be
brought into court again. The Recorder
agreed with him. He allowed his tenn
pOTary commitment b stand and then
Mr.. Edwards asked that the boy be sent
up n the jail on Jerssy City Heights.
where he could have better quarters
~, nd ~. -.
closed carriage with Detective FAlIon.
Young Charlton had spent a quiet
night and was perfectly cool He refused
% take any bromide during the night but
asked for bear. He got two glasses OF
good Hohoksn brew and then slept soundly
until breakfast time. Chief OF Police
Hayes had several talks with him. but
Charlton refused % discuss the details
Of the crime
His mind. said the chief aFterw ards.
-seams to be entirely centred in the
defence q his wife's purity He keeps
insisting that his wife was a pure woman
and that he wouldn't even believe her
own statements tn the oontrary'
Up ~ tho jail Charlton was lodged in |
the ward on tho ground floor whore two |
other men accused % murder are con- |
fined IL was there that the alienists 1
and later hs father saw him judge !
Charlton appear ed b bs broken up and |
refused 10 do any talking about HE sons |
cass. He seemed particularly anxious 70 |
avoid being photographed and made q
rush from the jail 10 an automobile with |
his head bent low and a newspaper over |
his face
MCanw hile Chief Hayes. Prosecutor
Pierre GRrvsn Of Jersey City aud the
Italian Consul were having a hard time !
trying 10 figure ont Just what legal pro- |
redur" should be followed in the case |
N was decided that Washington hadn't |
been informed officially of the arrest Of I
Charlton and hence could not act in the |
cass This telegram % the state De !
partment was accordingly drawn up:
Porter Charlton. wanted by Italian au. |
.horiiies for the murder Of his wife. IL |
prisoner here Please advise a. to your |
- shes In the matter
JoHN ! McGOvEBN. City Recorder |
Recorder McC3overn received the fol- |
lowing message from Washin gton last |
evening in RESPONSE 20 the telegram of |
inquiry sent TO the Attorney Generals !
0tiioe earlier in the day;
No prOcseding is pending in this Depart. |
meni with respect 10 Porter Charlton |
\ our Telegram has been transmitted 10 the /
ecrctary Of state for his Information
BowERs Acting Attorney General
Following this il was deciisd tnat the |
rase really belonged 10 the Court Of oyer I
and rermner. and then Prosecutor
Garven began draw ing up a complaint,
which the Italian Consul signed This |
went on 10 say that there Was informa-
lion that the crime Of murder had been /
az MolrasiO, Province Of Como, 4
Italy. and that there was reason TO be- 1
ieve that one Porter Charlton had CON-
nitted the crime. II requested that the
aid Porter Charlton, now a prisoner. i,
,e held pending the arrival Of rendition I
lapers which had been applied for in /,
Nashing gton by the Italian Charge DAT
aires. Marquis Paolo ID Monaghan.
This was then delivered TO Judge Blair.
vhO fixed next Tuesday a. the date for
he arraignment Of Charlton. This was
,urely formal. a. II n expected that by
hen Charlton will have been given up 20
he Federal authorities In which event
le will be arTAigned before United States
Commissioner Howe. when the fight
.gainst his extradition will begin.
According 10 those who have had ChArl-
on IN custody the latter has not seemed :
specially glad TO see his father and APP ,
,arently lid not have the kindest feelin Rs )
Oward him. They quarrelled. Il II said, !
oon after the father learned that the boy ,
ai married a woman fifteen years older )
han he and whose career did not please !,
i'm. Judge Charlton. Il was said. first
sarnef ol the marriage from his son
rhen he came here from Washington In ;
february last 20 attend his class dinner
{ the Yale Club. The boy met him and }
ode up In a carriage with him. The q
ather then visited his bride. hut was q
ot reconciled n tho match. According J
o Mr.. Fuchs Mrs Charlton before her =
marriage told young Charlton everything !
egarding her past life.
Charlton was resting comfortably In ,