The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-06-25

unable 10 see why any doubt had arisen
IN regard to the matter According to L.
Molossi, the legal adviser for the consular
authorities here, who was one of those
who journeyed to Hoboken to-day to take
hand In the affair, il is true that under
the treaty italy has refused 10 surrender
subjects Of hers wanted here for the
crime of murder In this country. but the
thing doesn't work the other way, for
the reason that under the Italian penal
code. section 9, the persons whom Italy
refuses to surrender can be tried over
there for a crime committed In another
country. The man whom italy did refuse
to surrender IN one ease was tried over
there, he said, for murder. although the
crime was committed here. Under our
law. however. II is not possible 10 try
anyone except in the jurisdiction in which
the crime was committed, hence IN the
case Of an American fleeing from a crime
In Italy, were we to apply the treaty
as italy has, said Mr.. Molossi, the man
wouldn't be tried at all.
Drinks Beer I'm Prison.
Young Charlton had spent a quiet night
and was perfectly cool. He refused TO
take bromide during the night but asked
for beer He got two glasses OF good
Hoboken brew and then slept soundIy
until breakfast Chief of Police Hayes had
several talks with him. but Charlton re-
fused to discuss the details of the crime.
His mind said the chief afterward.
seems TO be entirely centered in the de-
Tense of his wife's purity He keeps in
sisting that his wife was a pure woman
and that he wouldn't even believe her
statements IN "a
Up at the Jail. Charlton was lodged
in the ward on the ground floor where
two other murderers are al present con-
fined. Il was here that he saw the
alienists and later his father visited him.
Judge Charlton appeared to be quite
broken up and refused 10 do any talk
ing about his sons case. He seemed
particularly anxious to avoid being photo
graphed and made a rush from the Jail
10 an automobile with his head bent low
and newspaper spread over his face.
In the meantime, Chief Hayes. Prose
cutor Pierre Garyen. Of Jersey City. and
the italian consul were having a hard
time trying 10 figure out Just what legal
procedure should be followed in the case
It was decided that Washington hadn't
really been informed officially OF the ar
rest OF Charlton, and hence could not act
In the case.
State Department Notified.
This telegram 20 the state Department
was accordingly drawn up.
Porter Charlton. wanted by Italian authorities for
the murder q his wife is prisoner here. Please
advise as 10 your wishes in the mstter.
tognedl JOHN ]. McGOvERN,
City Recorder.
No reply had been received to this dis
patch up to this evening.
Following this Il was decided that the
case really belonged TO the Court Of oyer
and Terminer, and then Prosecutor Gar
ven started TO work drawing up a COM
plant which the italian consul signed.
This went on 10 say that there was in
formation that the crime OF murder had
been committed at MolTasio. province Of
Como, Italy. and that there was reason
10 believe that one Porter Charlton had
committed the crime II also went on
10 request that the said Porter Charlton,
now prisoner. be held pending the ar
rival of extraditiOn papers which had been
applied for in Washington by the Italian
charge d'affaires, Marquis Paolo di Mon
tagliari.
This was then delivered TO Judge Blair. |
who fixed next Tuesday as date for the !
arraignment Of Charlton. This was pure
~ formal, as il is expected that by then !
Charlton will have been given up TO the |
Federal authorities. in which event he /
Will be arraigned before United States |
Commissioner Rowe, when the flight |
against his extradition will begin.