New-York tribune., 1910-07-31
NO DEMAND FOR CHARL TON
Not Likely That Italy Will Ask
for His Extradition.
TIME EXPIRES AUGUST 2
Italian Government Has Shown
Scant Interest in the Case of
Alleged Wife Murderer.
EFrcm The Tribune Bureau. !

Washington. July 30.-Euntington Viii
son, Acting Secretary of State, in an in
terview tonight stated positively that
the Italian government had made no
formal demand for the extradtion of
Porter Charlton. Inasmueh as the time
during which the request must be made
expires within forty days after the ar
rest Of the prisoner, and the time IN
Charlton's case expires on August 2, il
is obviously not the purpose OF the
Italian government TO request that
Charlton be turned over to it for trial.
In the convention of 1884, supple
mentary to the extradition treaty. it is
specifically stated that If the request
is not made in forty days the prisoner
shall be set at liberty. If, therefore,
Italy does not at the eleventh hour ask
for Charlton ne will go free despite his
confession, as no United States court
has jurisdiction in the case. The ques-
ton of his commitment is entirely apart
from any criminal prosecution and de-
pends upon what action Judge Charlton,
his father. chooses to take.
Mr.. Wilson. in connection with the
Charlton case, said to-day:
The Department of State has of
course scrupulously refrained from any
expression whatsoever upon the probable
outcome of the Charlton case. That
case. it is unnecessary to say, is taking,
so far as the government of the United
States is concerned, precisely the routine
course of all other extradition cases.
Extradition cases, by the way, come to
the notice Of the department at the rate
Of about one a day, and as to all these
cases the government remains silent and
plays no determinative role except as to
the last step, the warrant of surrender.
It is entirely obvious, therefore, that
the first determinative factor in the
Charlton matter as an eXtradition case
is the decision of the italian government
whether or not to prosecute the case
before the courts.
1T is frequently stated point blank
that Italy has. requested the surrender
Of Charlton. The only indications thus
far made by the Italian government
were their procedure under a section Of
the Revised Statutes, whereby the ac-
cused was detained by the New Jersey
court, and. secondly, their request Of the
department for preliminary man
date This document, which was is
sued, is not legally necessary, and oper
ates as a mere cer. .-ficate that the party
making the complaint represents the
Italian government Under the Italian
treaty, if Italy initiates extradition pro-
ceedings the italian case is presented
directly to the court concerned, which
sits as an extradition magistrate, and
the formal requisition for surrender
would only be addressed to the Depart
nent of State after all the legal pro-
ceedings might have resulted in an or
der by the competent court for commit
Inent for surrender.
United States to seek TO influence the
Italian government in its decision
whether TO prosecute the case to its con-
cIusion with a view to requisition for
surrender. and all insinuatiOns as to the
ultimate decision OF the Secretary Of
State in the event Of the case coming
before him are absolutely baseiess, un-
authorized and conjectural; and, if they
have any effect, evidently it could only
b,. the evil effect of creating false I'M
nressiOnS"