The San Francisco call., 1910-06-25
CHARLTON MAY
GO FREE OR TO
INSANE ASYLUM
Can Not Be Tried For Murder In
New Jersey; Italy Reluctant
to Ask ExtraditiOn
Father Believes Boy Crazy and
Employs AIienists to Ex=
anime Him

NEW YORK, June 24.-Porter Charl-
ton will never be tried for murder in
the courts of New Jersey. Whether he
beat his wife into insensibility with
wooden mallet at Lake Como, Italy, and
then stuffed her still living into a trunk
and sank the trunk in the waters of the
lake Is a matter outside the jurisdic-
tion Of the New Jersey courts
On the other hand he will not be re-
leased until the question of his sanity
is determined. This is assured by
the Charlton family, who announced
through counsel tonight that if the
youths mind proved dangerously un-
sound they would take the initiative in
having him committed to an institu-
tion.
The father, Judge Paul Charlton, had
said previously that he believed Porter
crazy
The attitude of the New Jersey courts
as defined tonight by Prosecutor Pierre
Garven of Hudson county is this:
The state of New Jersey now holds
Charlton merely on the complaint of
the Italian consul general as a fugitive
from Italy, pending a request for his
eXtradition from the Italian depart
ment of state through the italian min
lister TO Secretary Knox. If extradition
is not demanded, there is no action the
courts Of this state can take. Whether
the federal courts stin can step in is a
matter outside my province, and on
which the attorney general of the
United States is more competent to
pass opinion"
Thus there is a possibility that
Charlton may walk from Jail free
man, without trial. for the trend of the |
dispatches from Rome seems to in
dicate that the Italian government will
act in the matter with reluctance since
q "a n Tfa1x nf
American subject who has committed
a crime within Italian Jurisdiction
would imperil a cherished Italian
precedent.
WANT JUSTICE DONE
Explaining the attitude of the fam
lily, r. Floyd Clarke, the lawyer re-
tained by Judge Charlton. said tonight: |
The wish of the family is to see
strict justice done as between the boy, |
the facts and the public. If there
should be no request for extradition
and hence no prosecution under the
laws Of New Jersey. Charlton viii ask
for commission in lunacy to deter
mine his sons Sanity. If his son is
found insane he will be confined to an
insane institution. If he is found sane
well, that is a matter so far distant
as yet that 1 prefer not TO take il up
now
Alienists retained by the family who
examined young Charlton today are
Charles l. Dana professor of nervous
diseases in the Cornell medical school; /
Dr. Edward B. Fisher, DR.. Allen Nc !
Lean Hamilton. prominent in the ThaW /
trials. and William J. Arlitz, city ply |
sician of Hoboken.
Charlton answered test questions |
from shortly before l o'clock until /
nearly o'clock. His attitude seemed /
TO be one Of total Indifference At the
close OF the examination Attorney /
Clarke. speaking for the party, said |
that different conclusions had been |
reached and that further examination |
would be made tomorrow.
Doctor Arlitz. who visited Charlton |
Ia his cell this morning, said before !
the afternoon conference there was no
doubt in his mind the boy was partially
insane. but questioned as to where in
sanity began and partial insanity end
ed or as to what specific form Of in
sanity Charlton had he avoided an
sWerinG.
Captain Henry Harrison Scott United
States army, brother of Charlton's muir
dered wife, whose persistency brought
about the boys capture, is positive
that the prisoner is sane
That boy he said. lis as much in
possession OF his full wits as am He
is the picture of self-possession and
quick wittedness"
Charlton. his brother Clarence and
his father had an hours talk after the |
consultation Of the alienists The two
elder men came away much depressed
and refused to talk for publication.
Captain Scott viii do everything in
his power to secure young Charlton's
extradition and his punishment in
Italy for the crime. which was a world
wide mystery until Charlton was ar
rested yesterday and confessed to the |
murder of his bride in their villa at
Lake Como.
rrEsDr<c u0SrDoEVn
1t is indicated that the case of the
youth held in Hoboken will be hurried
into the hands of the Italian authori-
ties.
charlton's counsel appeared in his
stead al the arraignment before Re-
corder McGovern in Hoboken anj Sc
until next Tuesday.
Charlton's transfer TO the Jersey |
City jail was accomplished with
celerity. Pale. but self possessed and
erect, the young prisoner made his ap-
pearance before an immense crowd
gathered before the Hoboken jail, and
walked through a long lane of hu-
nanity to a closed cab. He was as
signed 10 cell with a safe breaker at
the Jersey City prison.
When one Of the police officers
handed Charlton a. newspaper which
printed his picture this morning, the
officer remarked:
You're in a pretty tight place.
boy"
Charlton languidIy accepted the
DaDer and remarked with an easy air: |