The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-10
CHARLTON TO Be EXTRADITED
SEf .ET tRp ANON WfLL HONOR
ITtLl'S RE0I ISITION.
he SAYS EStradiiion Treaties Need Nat
he Reciprocal. ami We Are Hound Ia
SURRENDER 0ur sitixras Even Tho,agh
ttaiy q Not Able tn SURRENDER Hers.

WAsuISuroS Dec PORTER Charl-
ton. who has confessed that he murdered
his wife. MARY Scott Castle Charls on. last
jun. thrust ing her body into a trunk
and sink ing II m Lake Como. and who ID
now locked up in Huboken. will be extra.
ditad TO Italy tor trial
The announcement that the United
States will honor the reputation Of tho
Italian Government was made at the
stat" department bv Secretary Knox
lafe this afternoon II came a. a decided
surprise the general impression having
been that this Government would deClin.
Ia surrender charlie ON becau>.. Of IN. con.
81 ruCtlou which IN" Italian Government
ha- placed IN the eNtradItion treaty h,,.
tween th,. two countries
In the event VI IN" state Department
having refused the r"quIlit ION tharl; on
although IA self -ConfaSs..i murderer. would
hav. walked out "a fr'-' man because III.
United States courts hav" no Jurl-dic.
'Ion to- trv m" as" Vow rh" Young man
W II h.. turned over 30 n" Italian aut horI-
ties a soon A. papers an h" made o,ir
provide IN" "VtrLdItiun j. no' attacked
in IN" TuI'.d States courts On hab-as
corpus proceedings
II j. practically ""rtain. however. that
COUNSEL for Charlton will tax" advantage
Of their legal opportunities to opI,o>"
.NtriduI ION. The usua, procedure would
h.' ~ hrlng hun into court On a hab-as
corpus writ. bV means nf which not only
Tn" merits of IN" murder case ont also
tn" po'ut- involved IN IN" uxtradition
could h." reviewed Charlton. having con
tossed - h" murder " Ill hav" to cOniinr
hi- opposition 20 h" legal points involved
IN IN" ..Ntradit.on In anv event III. i'm
prl-Onm"nt - he ~"ver"-' penalty that
may h.' imposed IN him. a. he laws of
italy forbid "apIial punlshnI, NJ
In passing ~ th"t Charlton case n pr"C-
..d..nt Is ">tnhl.sh"d for N" operation
vi rh,. .'Nt-aiItIpn treaty So far A. II affects
American oItI7-us The treaty provides
that zach Government shall surrand.r
persons fugltlv" from IN" on" and found IN
the other. hut Italy has refused To- sur
render =" thu nlt"d States Italian sIt-
j.-Ct~ whu v"r" fugitive, from ju-tlc.'.
r." !ANs II Italy. 80 tn" Italian Govorn-
m"nt ha- cnnt"ud"d mad. II mpos- ~.
- conform =" tho treaty ~ "" interpret
It rh,' point of difY.r-nc" IL that thl4
Government has held tn" word persons
ties have fsN"n a contrary vI"x
Porter CHART lawyers con.nnd.d
tina, inasmuch a. the Italian Government
had failed u liy. up to tbs. treaty. no oh
legation rested upon this Government
u surrender rs CIT ll.'na. Secretary Knox
says that the fallscy 81 this cont-n, ion
~ thai An ext addition treaty must ~.
wholly reciprocal. our own treaties will
b.,a h..
stipulated for assistance from foreign
Governments IN -" natter ~ appr-n-n-
SION of fYgitIv" CRIMINALS her" We haN"
n,' l""n able 10 grrnt or extend such a.
-Isrslnc" In reciprocal cas" Great
Britain. h" points ont. has concluded n
nlmt ~ of'-rati,- IN which " l-"xpr.ssly
- pui.r..i rh.t Greet Britain shall sur
r-ndrr II, .uhJ"cr- ~ th" other contract
Ing party. although such parry refuses
L. ~u~-"nd,- IT. subjects III reciprocal
cases To- tree Britain
In. ~..-~'r.-v point. "u' further tha-
th.' lr.r i ~'t'.- ,,hll" consistently con-
tending 'n.' "a" Italian interpretation "
r'.' '.'..'v - - nur "a prpi-'r one" has NOT
tr,..'"d ~" prart &C. 4 tho Italian Govern
rn.n' - - rr"Arh II ia" convention r.'-
qu.rng ~ ,hrugar."n and has not taken
Tn. nlr.d ~ta;"- on IN" contrary
he ~.iE- -hl- constantly regarded tn.
treaty - IA full force. and af.ct and has
Answered IN" legations imposed thereby
and has invoked IN" rights II should.
moreover. be- observed thar even though
tn" action ~ the Italian Government ba
regarded - "A breach Of IN" treaty. the
treaty = binding until abroga,"d. and
therefore. tn" treaty not having been
abr"gli"i - provisions ar" operative
'Tn.. Secretary II state calls attention
to- ~" fact that MOI only in r.fer"nC" to
thus "Nrraiit,ou .hur IN similar conv"n-
tons tn" United states ha- consistently
cnn'"nd"i that tn" word persons" an
cuI,i'-- CITIZENS
"" are Therefore" b" saws com
united To that Interpretation. Tn. fact
that We hav" ceased generally TO make.
r"luI-ltrnn upon IN. Government of
I'lIv for IN" surrender Of Italian sub
''.,.'- undo. The. treaty would not require
of necessity thAf "" should a. a matter
Of loEl" or Law. regard ourselves a. free
from the obligation Of -urrendering o'lr
D.tIl"n-. We laborIug under no such legal
inhibition regarding surrender as oper-
at"- against IN" Government of Italy.
Therefore since. "NtraditIon treaties need
not h" reciprocal. even IN the matter Of
tn" srIrr"r d"rIng Of citizens. II would
-acn entirely sound 20 consider our
selves a. bound 20 surrender our citizens
70 Italy. even though Italy should nor.
nv reason Of m" provisions OF her munich
pal Laws he. abb. TO surrender it, citizens
To VS.
SECRETARY Knox thinks that in deter