New-York tribune., 1910-06-29
CHARLT TON DEFENCE READY
Will Take Case to Supreme Court
if It Is Necessary.
HEARING OVER UNTIL JULY 8

Agreement for Extradition Pre-
pared For, Though It Seems
Unlikely There Will Be One.
| Though the lawyers for the oe1ehce III
| the Charlton case are convinced lha' q"
| impasse will soon be reached III tile uipl
| matte correspondence between the Slale De
| partment and the italian Foreign Oliice
| over the extradition of the prisoner tneif
pIans are so well laid that the case Will De
| drawn ont for months even should an
| agreement for his extradition be reacheu'
The adjournment OF the hearing before
Judge Blair in Jersey City yesterday was
only a single step in the preparations ior
long and determined fight, which may De
carried to the United States Supreme Court
before It is ended Should an agreement
for the extradition of Charlton be reacheu
through the acceptance by ltaiy oA 'H'9
countrys Interpretation OF the eAisti"s
treaty II would be necessary 10 aoo
supplemental clause 10 the treaty vi
change binding diplomatic notes
Charton's lawyers would then coH'ei.
that this addition to the treaty was ex post
facto so far as his case was collcei i'eu'
and they would give the Supreme Ioor' aii
The possibility of this happening Is con-
sidered to be of the remotest: but that tlle
plans have already been laid serves TO
- tho determination with which the
fobt will he carried on. The first step was
tho adjournment of the hearing in jersey
civ Yesterday. This was acknowledged TO
hs for the purpose of awaiting the outcome
of the diplomatic negotiations now IN
progress.
Insanity Plea Next Step.
The next step, If extradit1on shouio pe
decided on will be to bring IN the pled VI
insanity as a bar to the return OF Chdll'oii
70 ItaIy In preparation for TINS 1our aile''
lists are busy DR.. w. j. Arftz' Oh f'o-
boken. has made daily visits TO the prisoner
for the last six days. Drs. Hamilton Ian"
and Fisher are expected to begin lheii
visits to-day DR.. Arlitz will propaoiS ho'
be called as witness in court
The final step, should the tight go 10 tia'
length, will be the test of the consul u'ioA,
ality of extradtion under an agreement
reached after the commission OF the ciiiiie
The adjournment of the nearing oeioio
Judge blair Yesterday was in accordance
with an agreement reached on Moliuay
tween Prosecutor Garven, Of Hudson Coun-
~
charlton. The only points to be settieo
n,b., tho case was called in court were the
date of the adjourned hearing ana the
e+;nu1a,ions TO be agreed to by the defence
Mr.. Garven took the stand that he only
a.rted IN have the prisoner held until the
federal government should decide on what
if wanted to do in the case, and ne IN
sisted that the defence should agree that
nothing be done during the period or ao-
iournment to take Charlton out or the Gus
tody of the New Jersey court When thls
point was settled an agreement on the osOe
for the adjourned hearing asked ny the ae-
fence was quickly reached, and July was
named
The proceedings in open court took
scarcely more than five minutes, but II re-
ouired a quarter of an hour of conference
in the courtroom and another half hour IN
the Judges chambers before the terms OF
the stipulations We're settled
Charlton Sane in Court.
During all this time Charlton sat in the
courtroom among haifscore petty Oh
tenders awaiting trial. On his left mana
was John Morse, charged with burglary
and on his right was William bradshaw
charged with petty larceny. Directly pc
hind him was a negro. who twirled his hat
in his hands ana seemed 10 "Oliu~i wig
the dingy room was SO crowded
Charlton had been brought through the
distance of fifty feet from the county jail
10 the courthouse between SherlH Nelly
and Under Sheriff Wedin. The street and
the ward of the jail and courthouse were
filed with morbidly curious spectators, and
the prisoner walked between double ranks
of searching eyes. He was dressed in the
same dark blue suit in which he was ar
rested but was without a hat. His face
had lost some of the tan gathered on the
ocean voyage, and his eyes showed the
mental strain under which he had been
living. but his manner quiet and COM
posed.
He was taken in the front door of the
courthouse and up the stairs to the second
floor. where he was put in the front row
of the prisoners pen in Judge Blair S
courtroom, while four constablea guarded
the dock and dozen more moved about
the room.
Merely curious spectators were kept out
of the room, only those connected with the
cases Of the various prisoners being al
lowed to enter, and Charlton came in so
quietly that 1t was not until within ten
minutes of the time that he was taken
back to his cell that most of those in the
room knew that he had arrived
Quiet Among Petty Offenders
He sat quietly among the crew of petty
offenders, making a striking contrast to
them in his neat attire. His chin was
dropped slightly and his eyes gazed con-
stantly at a point a few feet in front of his |
toes. Occasionally he sucked his under lip
into his mouth and twice tears came into
his eyes, and he wiped them away with his
hands.
When the court proceedings were ended !
and the adjournment had been granted !
Charlton sat oblivious of what was going |
on around him, and had TO be called twice |
by Sheriff Kelly before he arose to leave
the pen and return to the jail A newspaper
was passed TO him as he left the court |
house, and this he held in front of his face |
as he crossed the short open space to pro- |
tect himself from the photographers
Warden Sullivan said that Charlton had |
eaten only a light breakfast. but that he |
had slept we'll the night before and had |
asked no questions nor betrayed any par
ticular interest in the happenings of the
day DR., Arlitz, who was in the court
room, said, He looks all right"
Italian Government Represented.
r. Floyd Clarke, of this city, and Edward
Smith. of Edwards & Smith, of Jersey City,
represented the defence in court while