Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-25
Italy May Ask United States
to Put Charlton on Trial

ROME, June 25.-The ministry OF jus
tice today transmitted to the foreign
Office the evidence in the case of Mrs
Porter Charlton. who was murdered at
Lake Como. leaving the foreign office
free regarding further steps to be taken
in the matter OF the extradition from the
United States of the confessed slayer,
Porter Charlton.
will be disposed of through negotiations
between the Italian embassy at WASH
ington and the American authorities.
Discussion of Question.
Since the news of the arrest of Charlton
on his arrival in New York reached this
city there has been much animated dis
cussion whether italy would ask for his
extradition of not.
Jurists. politicians and authorities on in
ternational law express conflicting opin-
ions. All agree that both the letter and
spirit of the conventions existing on the
subject between Italy and America give
Italy the right to ask for his extraction.
But custom consecrated by usage pro-
vides that no nation shall give up her own
SUBJECTS, but try them according to her
own laws before her own courts.
Just now America has notified Italy that
an Italian accused OF criminal offense In
America has taken refuge in Italy. The
American authorities have asked the Ital-
ian government to try him, and the opin-
ion prevails that Italy will do likewise
with Charlton.
But America might spontaneously offer
to give up Charlton to the Italian authori-
ties, owing to the difficulty Of collecting
evidence from such a distance.
Trial Gin Contumacy."
MILAN, June 25.-The Italian govern
ment probably will make q formal re-
quest for the extradition of Porter
Charlton. because such a procedure would
be in harmony with the spirit of the
Italo- American treaty of March %. 1858.
The Italian government has not for
gotten that in 1S45 the United States Sem
ate refused to approve a proposed extra
dition treaty with Russia for the reason
that the treaty contained terms stipulat-
ing that both contracting parties might
refuse to extradite their respective SUBJ
jects.
should refuse to grant the application
for Charlton's surrender to the Italian
authorities he will be tried here neverthe-
less, Tin contumacy," as trials In the alb
sence of the defendant are called An
assize court will hold the trial and the
manner of procedure will be strictly ac-
cording to legal form.
meC0OQ Oh xTOCS0uTS.
If Charlton were. tried here in person
and adjudged insane he would probably
be acquitted or sentenced to confinement
| in an asylum as criminal lunatic for
an indefinite period. In the case of his
acquittal he would be expelled imme-
diately from Italian territory. the de-
| cree running for his life.
Should Charlton be extradited his trial
might come on early next year. but IL
the United States should refuse extra
dition his trial in contumacy would
probably be delayed several years. at
| least four or five.
| There Is a long list of criminal cases
awaiting trial In the same jurisdiction,
and his case would have no precedence
| over them. This would also mean that
| the United States would not be placed in
| possession of any of the documentary
| evidence relating to Charlton's case until
after the affair had been finally disposed
Of here. This would entail a delay Of
| several years.