Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-01-23
CHARLTON CASE
BEFORE COURT ON
FINAL ARGUMENT
Habeas Corpus Proceedings
Are Again in Progress Be-
fore Judge ReIIstab.

TRENTON. Jan. 2S.-After several
postponements the habeas corpus pro-
ceedings instituted by Paul Charlton
to prevent the extradltion OF his son.
Porter Charlton. to italy. TO stand trial
for the murder of his wife, Mary Scott
Castle Charlton. came up again before
Judge Rellstab in the United States
Circuit Court here today for final argu-
ment. Porter Charlton was In court,
having been brought here from the
Hudson county Jail al Jersey City. He
is represented by r. Floyd Clarke. OF
New York. Pierre P. Garyen, prose-
eutor OF Hudson county, appeared In
court as the representative OF the
Italian government. The United States
government has honored the requisi-
ton OF the italian government for
Ch%arlton's extradition.
Mr.. Clarke. in beginning his
ment on the merits OF the case, raised
the point that at the hearing before
the committing magistrate evidence
should have been permitted to be pre-
scented by the defense and at the ex-
pense OF the government where the de-
PENDANT was unable to a he cost of
presenting such evidence. The point
was raised because Judge Blair, as the
committing magistrate at the preliml-
nary hearing In Jersey City, refused
to entertain evidence offered 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 entirely different grounds from
those that control where the accused
Is given a preliminary hearing on an
alleged offense. the trial of which is
to be held locally, The fact that IN
extradition cases the accused must go
to a foreign country to stand trial at
great expense, Mr.. Clarke said, indi-
Gates that Congress meant that at the
preliminary hearing the accused should
be given the benefit of a full defense.
And insanity, he said, wal a fun de-
Tense.
Allows Record TO stand.
Mr.. Clarke asked the court to strike
from the records the supplemental re-
turn of the secretary of State showing
that the application for Charlton's eX-
tradition had beer made wi hin the
forty days required by the treaty be-
tween the two countries, but the court
allowed the supplemental return to be
received.
Counsel took up the international
question involved; hat is, the right
of Italy to ask for Charlton's extra
dition. He held first that in the abb
sence of q treaty of an act of Con
gress the President ls without power
to grant extradition. He made this
point by way of laying the foundation
for an argument that even in the case
of a treaty the President was with tut
power to grant ~eXtradition unless the
treaty contained an obligation TO so do.
Mr.. Clarke went into ar extended
argument 10 show that under the Ttal-
ian governments Interpretation of the
treaty between the two countries, the
rover of ~eXtradition does not lie where
the accused person Is a citizen OF the
asylum country
Mr.. Clarke was still speaking when
court tool a recess until this afternoon
When he concludes Mt the afternoon
session Prosecutor Garven will address
the court in opposition to granting
the writ OF habeas corpus.