The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-28
IN A DEADLOCK.
Two Governments Clash Over
the Charlton Murder Case.
Secretary Knox Demands That
ExtraditiOn BE a Precedent.
ITALY STILL SILENT.
The Rome Government Declines
to Commit Itself.
Disposed to Put National Law
Before a Treaty.

New York. June %. = Porter
Charlton's case now waits on the
result of exchanges between the
state department at Washington and
the italian government. His counsel
today in asking that his formal ar
raignment be postponed. promised
that no effort would be made under
habeas corpus, insanity or other pro-
ceedings to take the prisoner out of
the hands of of the New Jersey au-
thorities pending the arraignment,
which after some argument was set
for July 8.
Meanwhile it is expected that the
| International aspects of the case will
have adjusted themselves and a de-
cision will be reached as to whether
Charlton shall be delivered to the Ital-
ian authorities on extradition proceed
ings.
Charlton, pale and thinner than
when last seen out of doors. was
brought from the Jail to the court
house under escort of the warden and
sheriff, between whom he walked un-
manacled and shielding his face from
the gaze of the curious crowd by
means of partly opened newspaper.
He sat with eyes fixed upon the floor
while attorneys conferred with Judge
Blair.
With the arrival of Gustave DfRosa,
the Italian consular Representative. in
New York, the proceedings were open
ed by a motion on the part of the de-
fense for an adjournment Prosecutor
Garven said he had no objection to
offer provided it be agreed that Charl-
ton be kept meanwhile in the Hudson
county jail and that no proceedings
were instituted to take him out of the
custody of the New Jersey authorities.
This promise Charlton's counsel
q Ia nd T,1l
hearing for July 8.
Although the international aspect of
the case is still involved in many in
tricacies, the preliminary court action
places the matter in shape where it
can better be handled by diplomatic
agencies.
Copies of the Italian evidence of the
crime are in the hands of Gustavo di
Rosa, the Italian consular representa-
tives in New York. 1t was said also
before the proceedings opened before
Judge Blair in Jersey City that the
New Jersey authorities also had a copy
of a dispatch sent by the Marquis
Paclo di Montegliari, charge d. affaires
at the italian embassy in Washington,
to Secretary of State Knox on the day
of Charlton's arrest and requesting the
young mans extradition. In reply the
marquis was stated to have received d
note from Secretary Knox in which it
was intimated If Charlton were given
up Italy would hereafter De expected
to consent to the extradition of Italians
who commit crimes in America and fee
to Italy.
The further exchanges reported IN
this connection were said to have re-
suited in a declination on the part IF
the Italian government to commit
itself to any such proposition on the
ground that an Italian penal code pro-
vision of later date than the extra
dition treaty with the United States
provided that no Italian subject ac-
cused of crime should be tried outside
his own country. Italy was said to
have made no reply to the state de-
partment's rejoinder that an interna-
tional treaty should take precedence
over a national law.