New-York tribune., 1910-06-28
CHAR[TON'S SURRENDER
ASKED FOR BY ITALY
Knox Wanted Rome to Promise
to Give Up Italians Wanted
Here Before Complying.
NOT PUSHING INSANITY PLEA
Defence, Believing He Will Be
Set Free, Plans to Put Him
in Sanatorium as Sop to
Public Opinion.

Public Opinion.
The Charlton case advanced to the
diplomatic calendar yesterday, with pos
sibilities of a new extradition treaty with
Italy resulting from 1t. Secretary Knox
has made 1t a condition to the extradi-
| ton of Charlton that italy shall agree
to change her practice of the last twenty
years, and in the future return Italian
criminals to this country on the request
of this government
The first request for the extradltion
of Charlton was made by the Marquis
Paolo di Montagliari. the Italian Charse
d'Affaires in Washington, in a telegram
to Secretary Knox. on June %, the day
of Charlton's arrest in Hoboken.
The marquis, who is spending the sum-
mer at Manchester, N. H, was In TINS
city on the day of the arrest Gustavo
di Rosa, first vice-consul for Italy, got
in communication with the marquis I'M
mediately after the arrest, and the 1oi-
lowing dispatch was sent to Secretary
Knox by the Italian Charge:
Porter Charlton was arrested to-day
Lake Como, Italy. The Italian govern
ment requests his extradit1on.
This dispatch was signed by the Mar
quis Paolo di Montagliari, as charge
d d'affaires of the Italian Embassy. Sec
retary Knox at once took advantage
of the opportunity to seek q settlement
of the question of extradition between
this country and Italy, which has been
a vexed subject for many years. Two
days later, on June %, the following re-
ply was sent to the Italian charge:
Do you want a warrant, writ or GER
tificate? We understand that if we ex-
/ tradite Charlton, Italy will in the future
consent to the extradition of Italians
who commit crimes in this country and
escape to Italy. Please let me know
the attitude of your government on this
matter.
This dispatch lifted the Charlton case
from a simple position of international
courtesy in the return of criminals to a
diplomatic affair of the first Importance.
on it may hinge the making of an en-
tirely new treaty between this country
and Italy. or it may be settled by a new
Interpretation by the Italian government
of the old treaty which will place this
country on equal terms with Italy in the
interchange of criminals
Believe He Will Go Free.
There has been a constant Interchange
of diplomatic correspondence between
this country and Italy since Secretary
KnoXs reply was sent to the Italian
Charge, and so far with unsatisfa ctory
results to this government. The attor-
neys for Charlton who consider the mat
ter primarily from the viewpoint of the
interests of their client, are so well con-
vinced that the Italian government will
not consent to Secretary Knox's demand
that they will ask for an adjournment
of the Charlton case for two weeks when
before Judge Blair, in the Hudson County
Court of Oyer and Terminer
They believe that in that time the dip
lcmatic correspondence will have reached
a crisis and extradition will have been
refused by this country. In that event
their client would go free. Their opinion
as to how the affair will go is so we'll
settled that they have made their plans
tc have Charlton sent to a sanatorium
for short time after he Is freed. in
order to placate public sentiment And
they have even selected the sanatoriun.
The position of italy is understood to
be that the Interpretation of the treaty
which this country asks would be mani
festly unfair to Italy. Extradition be-
tween the two countries rests on a
treaty made in 1858 and amended in
1884. This treaty is interpreted by Italy
in the light of statute adopted by
Italy in 1890, providing that all Italian
criminals apprehended IN that country
shall be tried in the courts of their own
land, matter where the crime might
have been committed.
ltaIy's Interpretation.
The result of this Interpretation has
ben the consistent refusal of Italy to
extradite Italian criminals to this coun-
try. The position is taken that the
Charlton case is the first one in which
it has been necessary for Italy to ask
the United States to give up a criminal
and if Italy were to agree to the Amer
1Can Interpretation the ltdl1dnS would
be the ones to suffer.
In addition to this the Italian gov
ernment is understood to say that the
Charlton case is one in which it is pc
culiarly the duty of the United States
to forego the present Interpretation of
the treaty, as it is a case of one Ameri-
can citizen killed by another American
citizen, and it is, therefore. the duty of
America to see that Charlton is pun
ished This can be done only by the
extradition of the murderer to Italy, as
the laws of this country do not give
the American courts jurisdiction.
Italy adds that in the event of the ex-
tradition of Charlton she will be at
great expense in the case. Italy will
have to bear the expense of his return
TO that country and of his trial In the
event of his conviction she will have to
support him and care for him during
the term of his imprisonment.
The Italian government feels also that
il has not been any too well treated in
the affair up TO the present time Ac-
cording to Emil E Fuchs attorney for
Captain Scott. brother of the dead wom-
an the Italian government cabled to