New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-10-15
WON'T FREE CHARLTON
Jersey Gives Wife Slayer Up to
Federal Authorities.
DEFENCE TO FIGHT ON
Writ of Habeas Corpus Or an
Appeal to Knox Likely To
Be Next Step.

Judge Blair, in Jersey City, directed yes
terday that Porter Charlton, the self-con-
tossed SLAYER of his wife in Lake Como,
italy. be turned over to the United States
authorities: A new commitment was made
ort and Charlton was taken back 10 his
cell to await the action Of the government.
Counsel for Charlton had made an appli-
cation to discharge the prisoner on the
ground that insufficient evidence had been
produced to hold him. Then they made
another motion to dismiss him on the
ground that the United States government
did not have jurisdiction in the case. The
court holds that there has been sufficient
evidence of the murder of Mrs. Charlton
to hold the prisoner, and he also rules that
the case is one for disposition by the fed
eral authorities and not for New Jersey.
The decision says, in part:
The accused was arrested upon COM
plant of Gustafo di Rosa, vlce-consul of
the Italian government in New York. and
the Italian government has made requisi-
ton upon the United States for his extradi-
ton. The present proceeding is the hearing
on said complaint for the detention of the
accused pending further action by the De-
partment of State of the United States, and
charge and release, upon the following
grounds:
Il That there is no legal and sufficient
evidence to hold him longer in restraint;
and
'2. That the treaty between the govern
ments of the United States and Italy, under
which ne is sought to be extradited. was
not originally applicable to the case of the
accused; or, If It was so applicable. diplo-
matte correspondence since had between
the two governments has made the treaty
void and inapplicable to the case under
consideration.
The court in this case sits a commit
ting magistrate, to determine whether the
evidence sufficiently establishes the prob
able guilt of the accused, and his powers
as such are well defined.
THE court finds there is such evidence
of criminality presented to it as, according
to the law governing this matter, justit1es
the holding Of the accused. and the motion
to discharge on the ground of insufficiency
of evidence is, therefore, denied.
The motion to discharge is urged on the
further ground that the eXtradition treaty
between the governments of the United
States and Italy. if ever applicable to this
case, is not so now, by force of the diplo-
matte correspondence Of the Secretaries Of
State Of the respective governments, pre-
scented the court, and by legislative act of
the italian government, known as the
| code penale,' passed subsequent to the
making of the treaty. that no Italian citi-
zen shall be extradited.'
Considering the grave character Of the
charge and the international Importance
of the questions involved, the court is not
willing, upon that ground, IN this prelim-
mary inquiry to declare void a solemn
treaty between the interested nations, and
the motion to discharge is refused
: There was nothing in Charlton's demeanor
TO indicate that his liberty or confinement,
or worse, depended on the decision of the
Judge which he was about to hear. He
conversed freely with HIS lawyers He did
not seem disappointed when he heard the
words of the judge.
| R. Floyd Clarke, attorney for Charlton,
said yesterday there were three methods
Of procedure remaining: To apply for a
writ of habeas corpus, to institute certio-
rari proceedings or TO appeal TO the Secre-
| tary Of State. 1t has not yet been decided
which Of the three viii be used