New-York tribune., 1910-06-28
CHARLTON'S SURRENDER
Continued from first page.

lice Commissioner Baker Of this city to
watch for Charlton. Mr.. Fuchs says
that no attention was paid to these re-
quests, and the italian officials in this
country are much incensed. No special
inspectors were sent to meet incoming
ships, in accordance with the italian re
quest. and If it mad not been for Cap
tain Scott and Police Chief Hayes. OF
Hoboken, Charlton would have escaped
from the Princess Irene.
The prosecution, and especially the
family Of the murdered woman, are con-
siderably cast down over the turn the
case has taken. There is a great deal
of talk about the choice of time to
bring up the extradition treaty. and the
possibility that a self-confessed criminal
will go free, while the Charlton case
might have been considered on its mer-
its and the general subject Of extradi-
tion taken up at more opportune time.
The defence is so sanguine of the re-
suits of the correspondence on the sub
ject of the treaty that the insanity plea
is being allowed to wait in the back
ground until Italy's final reply to Sec
retary Knox is received. The insanity
defence will be taken UP again, If neces-
sary, and it will be sought to make in
sanity bar to extradition.
Insanity Plea in Background.
| The stand will be taken that on extra
dition proceedings prisoner mas a rl8hI
to be heard in his own defence, ana dh
| insane man cannot defend himself Inc
prosecution expects this line OF de-
fence. and If Charlton is declared insane
| will insist that he be sent to govern
ment asyIum Captain Scott declares
that he will wait any length OF time
that NAV be necessary, and If Charlton
is ever declared cured and freed from
his asylum the captain Will insist lhdI
the extradition proceedings be resumed
| at the point where they were oroken OH
by the insanity decision.
| There was a conference yesterday in
the office of Prosecutor Garven, in Jer-
sey City, to decide on the line OF the
| prosecution. Emil Fuchs represented
| Captain Scott, while Mr.. di Rosa ana
IImberto MossoIi, counsel for the Italian
consulate, represented Italy, and ASSIST
ant Prosecutor George T. Vickers was
the representative of New Jersey. IL
was decided to present to-day only the
evidence to prove the commission OF the
crime and that Charlton was the nur-
derer.
| Mr.. di Rosa has now copies OF papers
from Italy furnishing the evidence neces-
sarv to prove the crime and the corpus
| delecti but the original papers were ex-
pected last night from the Italian gov
ernnent. If they do not arrive as ex-
nected. the prosecution will ask an ad-
| iournroent of the case this morning.
To Ask for Delay.
! The defence has already, however, de-
cided to ask for an adjournment and
Yesterday afternoon Prosecutor Garven
was asked to agree to this. MT GarVen
refused to make an agreement IN ad-
vance. but insisted that the request Tor
an adjournment must be made before
Judge Blair in open court
It was agreed, therefore, that Edward
| Smith, law partner of ex-senator Ed
wards, of New Jersey, who is associated
with r. Floyd Clarke. OF this city, in
the defence, should represent the de-
fence in court to-day and ask for an ad-
| iournment Mr.. Vickers will represent
the state. AS he has been informed Of
the action the government is taking in
regard to the extradition Of Charlton,
he will not oppose an adjournment
| Prosecutor Garven said yesterday that
| the insanity plea would be proper
defence in the hearing before Judge
Blair. but it is understood that there
will be no attempt to introduce it at
| this time. Mr.. Fuchs is still searching
for witnesses to combat the insanity de-
fence. He plans to call as witnesses. in
addition to those he has already seen,
Police Chief Hayes of Hoboken and some