The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-25
HE MAY GO FREE
Indications That Charlton May
Never Be Tried.
No Way for New Jersey Courts
to Get at Him.
ITALY is RELUCTANT.
Rome Government Probably
Does Not Want Him.
Alienists Are Already Busy with
the Prisoner.
ITALY is RELUCTANT

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 wooden mallet at Lake
| Como. Italy, and then stuffed her still
living into trunk and sank the trunk
in the waters of the lake is a matter
outside the Jurisdiction of the New
Jersey courts.
On the other hand, he will not be
released until the question of his san
| fty is determined This is assured by
| the Charlton family who announced
| through their counsel that If the
youths mind proved dangerously I'M
sound they would take the initiative
in having him committed to some
| suitable institution.
The attitude of the New Jersey
| courts as defined by Prosecutor Pierre
Garven of Hudson county is:"The state
| OF New Jersey now holds Charlton
merely on the complaint of the Ital-
| ian consul general as a fugitive from
| Italian justice pending a request for
his extradition from the Italian de-
partment of state, through the Italian
| minister to Secretary Knox. If ex-
tradition is not demanded there is alb
solutely no action the courts of this
state can take. Whether the federal
court can still stop it is matter out
side my province and on which the
attorney general of the United States
| is more competent to pass opinion"
Thus there is possibility that
charlton may walk from jail a free
man, without trial for the general
trend of the dispatches from Rome
seem to indicate the italian govern
ment VIII not demand in the matter
except with reluctance if at all, since
to demand extradition of an American
SubJect~Who has committed a crime
within Italian Jurisdiction would i'm
peril a cherished Italian precedent.
Civ ER 3 4TnI1s the attitude of the fam
tanned by Judge Charlton said:
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
ana hence no prosecution under the
laws or New Jersey Mr.. Charlton will
ask for commission in lunacy to de-
termine his sons sanity. If his SON
is found insane, he will be commit
ted to an insane institution. If he Is
L found sane. well that is a matter SO
. | far distant as yet that / prefer not to
take it up now"
Examined by AIienists.
Alienists retained by the family who
examined young Charlton are Charles
L. Dana, professor of nervous dis
eases in the Cornell medical schools:
DR.. w. Fisher, DR.. Allen Mclean Ham
ilton, prominent in the Thaw trial
! and w. ]. Arlitz. city physician OF
Charlton answered test questions by
the alienists for two hours. His atti-
tude seemed to be one of total indif-
ference. On the conclusion of the ex-
: animation Attorney Clark said differ
: ent conclusions had been reached and
that further examination would be
: made.
DR.. Arlitz, who visited Charlton in
: his CELL said there was no doubt in
{ his mind the boy was partially insane
but questions as to where insanity be-
E gan and partial insanity ended or as tc
what specific form of insanity Charlton
:, had he avoided.
e Captain Henry Harrison Scott u S
' A, brother of Charlton's murdered
i wife, whose persistency brought abou
the boys capture, is positive that the
prisoner is sane.
"T'hat boy he says, "is as much il
possession of his full wits as I am. He
Is the perfection of self possession anC
| quick wittedness.
= when they asked him, so your,
~ Charlton?' he caught up the slurrinl
| pronunciation and mimicked it into
different shade of meaning. SOM
| people may think me a charlatan.' h
parted. Does that sound like insan
e ity to your"
e Charlton, his brother Clarence an
n his father had an hours talk after tn
IS consultation of the alienists. The tw
IS elder men came away much depressed
r and refused to talk for publication.
l. Evidence Is Transmitted.
y Rome, June 25-The ministry o
70 justice today transmitted to the for
eign office the evidence in the case o
Mrs. Porter Charlton, who was muir
- dered at Lake Como, leaving the for
:, eign office free regarding furthe
>, steps to be taken in the matter of tn
~ extradition from the United States o
% | the confessed slayer, Porter Charlton
lg ~--sD -.,-,