New-York tribune., 1910-06-25
|TALY'S ATTITUDE
MAY FREE CHARLTON
Growing Belief in Washington of
Possible Escape of Confessed
Slayer of Wife.
BUSY IN DEFENCE HERE
Counsel for Wife's Brother
Seeks to Hasten Action of
Authorities and 10 Insure
Trial in Italian Courts.
from The Tribune Bureau. ]

| Washington, June 24-While there
| have been few developments in the
! Charlton case here to-day, the impress
sion appears to be growing stronger in
official circles that Charlton will go free.
as was suggested in The Tribune this
morning. In this connection it is sug-
! gested by one of the ablest lawyers in
the administration that the quickest way
/ TO test the situation would be for Judge
| Charlton, father of the prisoner, to ap-
ply for writ of habeas corpus, which,
| IT is believed, would bring the case
promptly before the courts and pos
sibly result in the discharge of the pris-
oner.
Italy has made no formal application
for Charlton's extradition. although it is
said that some representations have been
made, but these are described as am
| biguous and as not of character which
would warrant action by the Department
of State, nor is it believed the Italian
government will be disposed to go
further in an effort to bring Charlton
to justice.
AS was pointed out in The Tribune
| this morning, Italy cannot formally de-
mand Charlton's extradition without
stultifying itself. That country has
| taken the position more than once that
| the existing treaty does not provide for
! the extradition of a citizen of either of
the signatories for trial in the other
country, and any formal demand for
Charlton's extradition would involve the
abandonment of that position
Italy's Position Difficult.
Italy's position. according to the un-
| derstanding, is made the more difficult
for the reason that the Italian penal code
specifically declares that no Italian sub
iect shall be extradited from his own
country for trial in any other country.
AS matter of principle. what is termed
mutually" this government would not
| consent to the extradition of one of its
| citizens for trial in Italy unless Italy
were to abandon it's former position and
pledge itself to construe the treaty in
| the same way were a demand made by
the United States for the extradition of
an Italian charged with the commission
of crime in the United States.
The ablest lawyers in the administra-
ton further express the belief that there
is no law under which Charlton can be
tried in the United States for crime
committed in Italy, and it. is on the rea-
soning set forth that the belief is held
that it will be found necessary TO release
Charlton whenever habeas corpus pro-
ceedings may be instituted.
| 1t is regarded as reasonably sure that
the Department of State will have to re-
view the proceedings at HobOken before
final disposition of the case is made, and
there will probably be, therefore, no at
tempt to advise the New Jersey author
tiles until all the papers in the case have
| reached Washington.
Recorder McGOvern asked the Depart
ment of Justice to-day by telegraph
what were it's wishes in regard to Charl-
ton, and Solicitor General Bowers, Act
ing Attorney General. teegraphed back
that the matter was in the hands of the
| State Department.