New-York tribune., 1910-07-18
WILL SET CHAR[T TON FREE.
No Other Alternative, Prosecutor
Says-G0vernment Must Act.
GARvEN TALKS ABOUT CASE
Hangs On to Prisoner Pending
Decision on Demand of Italy
for Extradition.

The chances for escaping punishment for
the murder of his wife in their villa near
Lake Como. Italy, to which he confessed,
are said to grow better for Porter Charlton
as the statutory period during which the
authorities can legally hold him q prisoner
in the Hudson County On. j. jail awaiting
some action on the part of the federal gov
eminent runs toward its end. In case
like Charltons. which has assumed a deli
cate international character because of the
lack OF a definite understanding as to ex-
tradition between this country and Italy,
the prisoner can usually be held for a
period of sixty days from the time he is
first arraigned in court.
Prosecutor Pierre P. Garven of Hudson
County said yesterday that unless some
way could be found to stretch the statu-
tory period he had no alternative but to
liberate Charlton at the expiration of that
time, should the court so rule. which it
would be most likely to do, on petition of
the defendants counsel
Charlton was arrested on June % as he
landed from the North German Lloyd
steamer Princess Irene at Hoboken. He
was arraigned before Recorder McGovern
the following day The hearings on his
possible extradition have been adjourned
from time 10 time. and the last adjourn
ment was taken until August II.
Prosecutor Garven seemed TO think yes
terday that the arraignment on August II
might be considered as the first formal
hearing on the question of extradition, and
that the statutory period will begin to run
from that time. He said, however, that
the court would have to decide that ques
ton. too Prosecutor Garven and his asso-
ciates for the prosecution are hopeful that
the federal authorities will decide the ex-
tradition matter in the mean time.
'All my present interest and duty in the
case Prosecutor Garven said yesterday. lis
to hold young Charlton in jail as long as 1
can to give the government a chance 70
grant extradition if it finally decides to do
so. The statutory period during which I
can hold g, prisoner in such a case usually
runs for sixty days after he has first ap
peared in court but just when that period
would begin to run in this case will have to
be determined by the court.
Counsel for the defence has agreed not
to make any definite move until the prelim-
mary hearing in regard to extradition pro-
cedings on August II. I haven't any idea
what the government purposes to do toward
extradition, as 1 have had no official COM
from Washington concerning the
case. If no action is taken by the govern
ment the only thing for me to do is to
acquiesce in the decision of the court In
the mean time shall hang on to our pris-
oner"
F. Floyd Clarke and other counsel for the
defence are still very confident that the fed
eral authorities will not grant extradtion
in view of the italian law, which does not
permit its own subjects to be extradited
from Italy for crimes committed in another
country. Their confidence is strengthened In
this respect becaus they believe that Italy
will never consent to make an exception il
Charlton's case and go far enough -
change its legal system and allow Italians
who have committed crimes in this country
to be brought back from Italy in the future.
as Secretary of State Knox is understood
to have demanded from the Italian govern
ment as a proviso in the Charlton case
Judge Paul Charlton, father of the prisoner
is said to have already made arrangements
to place his son in a, sanatorium after he is
freed, believing that young Charlton's mind
is affected
On the other hand Emile Z. Fuchs, coun-
sci for Captain Henry Harrison Scott of
the coast artillery corps, brother of the
murdered woman, will exert every legal
effort to bring about the punishment of
Charlton for his crime. Mr. Fuchs has
been to Washington several times TO IA
cIlltate, If possible, the action of the gov
ernment toward granting extradition.