Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-01-23
Counsel Argues Against Ex-
tradition of Accused.
REQUISITION FROM ITALY
Efforts to Show That It Should Not
Be Honored by the Court.
TREATY VIOLATION CLAIMED
Contended That Committing Magis-
trate Did Not Allow Man Charged
With Murder His Rights.

TRENTON, n. j.. January 23.-After
several postponements the habeas corpus
proceedings instituted by Paul Charlton
to prevent the eXtradition of his son,
Porter Charlton. to Italy OF stand trial
for the murder of his wife, Mary Scott
Castle Charlton. came up again before
Judge Rellstab in the United States cir
cit court here today. Porter Charlton was
III court, having been brought here from
the Hudson county jail at Jersey City
He was represented by r. Floyd Clarke Of
New York. Pierre P. Garven, prosecutor
Of Hudson county. appeared In court as
the representative of the Italian govern
ment.
The United States government has hon
ored the requisition Of the Italian gov
ernment for Charltons extradition.
Prisoner Denied His Right
Mr.. Clarke, in beginning his argument
on the merits Of the case. raised the point
that at the hearing before the commit
ting magistrate evidence should have
been permitted to be presented by the
defense and at the expense of the gov
eminent where the defendant was unable
to pay the cost of, presenting such eyi-
dence. The point was raised because
Judge Blair, as the committing magistrate
at the preliminary hearing In Jersey
City, refused to entertain evidence offer
ed to prove young Charlton to be insane.
Mr.. Clarke quoted an act OF Congress to
bear OUT his contention. He said the act
relating to eXtraditions was based on en-
tirely different grounds from those that
control where the accused is given pre-
liminary hearing on an alleged onense
the trial of which is to be held locally.
The fact that in extradition cases the
accused must go TO foreign country
to stand trial at great expense, Mr.
meant that at the preliminary hearing
the accused should be given the benefit
of full defense. And insanity, he
said. was full defense
Mr.. Clarke asked the court to strike
from the record the supplemental re-
turn of the Secretary of State show
ing that the application for Charlton's
extradition had been made within the
forty days required by the treaty be-
tween the two countries. but the court
allowed the supplemental return to be
received.
The International Question.
Counsel took up the international ques-
tion involved. that is, the right of Italy
to ask for Charlton's eXtradtion. He held
first that in the absence of a treaty or an
act of Congress the President is without
power to grant eXtradition He made
this point by way of laying the founda-
tion for an argument that even in the
case of treaty the President was with
out power to grant extradition unless the
treaty contained an obligation to SO do.
Mr.. Clarke went into an extended argu-
ment to show that under the Italian gov
ernment's Interpretation of the treaty be-
tween the two countries the power of ex-
tradition does not lie where the accused
fS iUny raf -1,,v,,
try An alternative point made by Mr..
Clarke was that Italy, having refused to
grant eNtraditions OH application of the
United States, has broken the treaty.