Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-05
Case of Porter Charlton Be-
fore the State Department.
TREATY PROBLEM ARISES
Italy's Demand May Not Be Hon
ored by This Government.
HABEAS CORPUS WRIT LIKELY
Man Who Confessed to Numbering
His Wife May Escape Trial
for Crime.

The case of Porter Charlton. who con-
fessed that he murdered his wife at Lake
Como. Italy, has been put squarely up
to the State Department for its decision
as to the extradition of Charlton de-
| manded by Italy. The decision of Judge
Blair in the proceedings at Jersey City,
| holding Charlton for the action of the
Secretary of State, and Transcript OF
the record has been delivered to the State
Department by Pierre p. Garvan, prose-
cutOr of Hudson county, n. J.
The State Department. it is said. finds
itself in a difficult position in regard to
the dispos ton of Charlton's case. In
view of the existing treaty with Italy
and the fact that Italy has several times
refused to send her citizens back to the
United States after they have commit
ted crimes in this country and then es-
capped to Italy leads the department to
take firm stand against the extradi-
! ton of Charlton for trial in Italy.
Confronted by Problem.
But the department does not wish TO
put Itself in the position Of ordering
release of a confessed murderer without
a trial, which ii must do ii Charlton is
not sent back to Italy, for under the laws
of the United States, Charlton can only
De tried by court having jurisdiction
over the place where he committed the
crime. The State Department has also
Deen most anxious To bring about the en-
actment of a new treaty with Italy
winch shall cover all such cases and il
fears 10 prejudice such An agreement by
action in the Charlton case.
Ii has been said on good authority that
the department would much prefer to
see Charlton released tnrOugn habeas
corpus proceedings or to see the GAGE
carried up to the supreme Court, but that
II IL comes to a finai show dowE the ae-
partment will not order the extradition
Oh the young man, on the ground that it
cannot consistently do SO because of
itaiy's action in the past in regard to her
own citizens.
Solicitor Clark to Report.
The case has been turned over to solic-
ltcr clark of the State Department who
VIII make a report to Secretary-aKsaox,
based upon the merits of the charge and
the law and treaty stipufations involved
The department is allowed sixty days
from the date OF the commitment in which
10 make decision, and In view of the
important points connected with the case
it will probably De several weeks before
the matter is determined
The treaty between Italy and the United
states provides for the reciprocal surren-
der of persons committing crimes in
one country and seeking asylum in the
other. Italy, over the protest of this
country, has interpreted the word per
sons as not applying to her citizens who
can be tried in their native country for
crimes committed abroad.
Charlton's Recourse.
In case the department decides to sur
render Charlton to Italy he can have
recourse TO writ of habeas corpus on
the question of the legality of his de-
tention or any other legal point involved
which might carry the case I'D to the
Supreme Court of the United States.
Paul Charlton, father of Porter. and
law officer of the bureau Of insuiar
affairs OF the War Department, said to-
day that nc could not say at present
whether habeas corpus proceedings would
be begun 70 obtain the release of his son
he said they were waiting TO hear from
the state Department in regard 10 the
matter.
secretary Knox is away and will not
return until after election, and the case
VIII not be decided while he Is away.
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