The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-06-25
INSANITY PLEA
FOR CHARLTON
Confessed Wife e-Murderer Said
to Have Clearly Indicated
Unbalanced Mind.
TO RESIST EXTRADITION
TO ITALIAN JURISDICTION
Physicians and Alienists Ex-
anime Prisoner and Will
Study His Case.

|
ton will never be tried for murder IN
the courts Of New Jersey. Whether he
beat his wife on the head into insensi-
bility with blows with a wooden mallct
at Lake Como, Italy, and then stuffed
her, still living, into trunk and sank
the trunk in the waters of the lake, is
matter outside the jurisdiction of tho
New Jersey courts.
On the other hand, he will not be re-
| leased until the question of his sanity
is determined. This is assured by the
counsel toni"ht that if the youths mind
proved dangerously unsound, they would
take the initiative in having him COM
mittcd in an institution.
The father, Judge Paul Charlton, had
previously said that. he believed Porter
crazy,
The attitude of the New Jersey courts
ms defined tonight by Prosecutor Pierre
Garven of Hudson county, is this:
Held as Fugitive.
"The state of New Jersey now holds
Charlton merely on the complaint of the
Italian consul as a fugitive from Italy
pending Il request for his extradIJion
from the italian department of state,
through the Italian minister to Secre-
tary Knox. If eXtradition is not de-
manded there is no action the courts of
this state can take. Whether the federal
courts can still step in is a matter out
side my province, and on which the at
torney general of the United States is
more competent to pass OPINION
Thus there is possibility that Charl-
ton may walk from Jail a free man,
without trial, for tho trend of the dis
patches from Rome seems to indicate
that the Italian government Will act IN
the matter with reluctance. since to de-
mand extradition to Italy of an Amer
lean subject who has committed crime
within Italian jurisdiction would imperil
a cherished Italian precedent.
Explaining the attitude of the fam.
lily, r. Floyd Clarke, the lawyer retained
by. Judge Charlton, said tonight:
1.-THE wish of the family is to see
strict Justice done as between the boy,
the facts and the public. If there should
be no request for eXtradition, and hence
no prosecution under tho laws Of New
Jersey, Charlton will ask for commits
sion in lupacy to determine his son IS
sanity. If his son is found insane, he
will be committed to an insane institu
ton. If he is found sane-well, that
is matter so far distant as yet that
prefer not TO take it up now.'
Examined by Alienists.
Alcnists retained by the family, who
examined young Charlton today, are
Charles j.. Dana, professor of nervous
diseases IN the Cornell medical college;
Dr. Edward b. Fisher, DR.. Allen Nc
Lean Hamilton, prominent in the Thaw
trials, and William j. Arlitz, city ply
sican of Hoboken.
Charlton answered test questions from
10 O'Clock until clock. His attitude
10 Il. InE. Il
On the conclusion of the examination,
Attorney Clarke, speaking for the party.
said that different conclusions had been
reached and that n further examination
would be made tomorrow.
DR., Arlitz, who visited Charlton in his
cell this morning. said before the after
noon conference there was no doubt in
but questions us to where insanity be-
gan and partial insanity ended, or as
to what specific form of insanity Charl- |
ton had. he avoided.
Captain Henry Harrison Scott. u. S,
A.. brother of Charlton S murdered wife,
whose persstcncy brought about the
boys capture, is positive that the pris
oner is sane.
Is Sane, Says Scott.
"That boy he says, "'is as much
in possession of his full wits aS l am
lJt lN inc DlGtUTt Ol StIJ -IoSSSSSlOn anu
quick wittedness. When they asked
him yesterday, SO you arc Charltona'
he caught un the slurring pronuncia-
tion and mimickcd it into a different !
shade Of meaning. Some people may
think me a eharIatan, he parried, Docs
that sound like insanity 10 you?''
Charlton. his brother Clarence and his
father had an hour g talk after the con-
5ultation of the alieuists. The two elder
men came away much depressed and re-
fused 10 talk for publication,
Charlton s counsel appeared in his
stead at the arraignment before Re-
;order McGovern in Hobokeu. and Sc.
'ured an adjournment of the hearing
lntil next Tuesday. The youthful
prisoner was ordered committed mean.
limo to the Hudson county Jail in Jer
,ey City, while officialdom and eminent
egal minds struggled with tho prob
ems presented by differences between
italian and American laws bearing on
ho case and the points of federal iuris-
liction which remained TO bo consid- ,
red.
Charlton IS transfer TO the jersey City I
all was accomplished with ccleriry.
Pale, but self possessed and erect. the
'oung prisoner made his appearance be-
ore an immense crowd gathered before ,
he Hobokcn jail and walked through &
ong lane of humanity TO a closed cab. ,
As he emerged from the Jail carrying I
book and paper, he removed tho
lack derby he was wearing and held ,
I in front of his face as a shield from /,
ho gazo of the curious and from tho :
Washington Asked to Act.
Charlton 8 removal was preceded by c
consultation in the Office of Chief of S
'olice Hayes. participated in by the \
ttorneys in the case. Captain Scott and g
ice Consul Di Rosa, representing the !,
Italian government. At its conclusion =
;hief Hayes sent brief kilograms to n
attorney General Wickorsham ~and Q
Continued on Page Two.