Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-12-10
CHARLTON MUST
RETURN TOITALY
Secretary Knox Grants Request of
Government for Surrender of
Former 0mahan.
HIS DEFENSE Is OvERRULED
Question of Sanity for the Courts to
Determine.
FORMAL DEMAND UNNECESSARY
Observance of Political Form Left tC
that Branch.
RECIPROCAL ACTION NOT NEEDED
Question of Sanity for the Courts to
Determine.
DEMAND UNNECESSARY
Observance of Political Form Left to
that Branch.
RECIPROCAL ACTION NOT NEEDED
BecHune Italy s.,."..sd 60 Surrender
Citizens for Trial Does Not Re
lIeve United states from
Its Obligation.

WASHINGTON, Dec 9.-Secretary Knox
today granted the request OF Italy for the
surrender Of Porter Charlton, charged with
the murder OF his wife at Lake Como. The
secretary holds that the fact that Italy
refuses TO surrender It's citizens TO the
United States for trial does not relieve this
country from the obligation Of the eNtradi-
ton treaty to surrender to Italy fugitives
from justice from that country. The ques-
ton Of the sanity OF Charlton, it is sug-
gested. is one for the courts and not for
the department to determine.
Arguments by counsel for the accused
that Italy refused to surrender its own
citizens and the assertion that the italian
demand for Charltons surrender was not
IN strict accordance with the requirements
OF the treaty are swept away by the score
tary as without basis and the committing
magistrates proceedings are found to have
been regular in all respects.
A closing remark by the secretary is
significant as carrying the intimation that
Charton's attorney may have further re-
course to the courts II they are disposed to
raise the question Of insanity.
HIstOry of Case.
The decision relates to the history Of the
case, beginning with the arrest Of Charlton
IN New York on June "a, last, on complaint
Of The italian vice consul
Formal demand for the extradition of
Charlton under and pursuant TO the terms
OF the eNtraditing treaty between the United
States and Italy," reads the decision was
made upon this government by Italy on
July 2S, that is, within the forty days
period provided in the treaty. Later, Charl-
ton was taken before an extradiuon masis-
trate who after formal hearing as pro-
,sf9 Nrst tbs. ~ efo
him on October Il for surrender to the
italian government
THE committing magistrates record, as
transmitted to the department, discloses
no material information, unless such sur
render is to be defeated by objections
raised by counsel for the accused.
These objections are;
First that the secretary OF state should
decline to surrender the accused and the
president should direct his discharges. be-
cause the record OF the committing magis-
bate as transmitted 10 the department
does not contain the formal demand OF the
Italian government for the surrender OF
the fugitive or show that such demand was
within the treaty period.
The formal demand for requisiton OF
= enc government upon another for the sur
render Of fugitive Is OF a political char.
the matter OF 'requisition' Is a matter
which primarily concerns the political
branch OF the government and that al
questions regarding the propriety or suf-
noienoy OF the form IN which Il is made
are FOR the determination OF that branch.
IT is concluded that the first objection
raised by counsel for the accused in this
case "a without merit and of no effect in
defeating extradition
second objection.
"The second objection is that Charlton
should not be surrendered because, unde
the treaty providing that each governmen
shall surrender persons fugitive from tn,
one and found in the other, Italy refused
20 surrender to the United states for tria
an dpunishment Italian subjects who wer,
fugtives from the justice of the Unites
States therefore the United States is re
neyed from an obligation to surrender IL
citizens fugitives from italy
This contention. like the first, is with
out merit In this case.
"Its fundamental fallacy IS that an ex
tradition treaty must be wholly reciprocal
This Is not true. Our own treaties viii
show, for example that upon occasion w
have stipulated for assistance from foreigl
governments in the matter OF the appre
hension OF criminals fugitive from our Jus
uce IN other countries where we have no
been able 70 grant and do not grant or ex
tend such assistance in a reciprocal case