The Washington herald., 1912-01-29
CHARLTON GAN
SMILE At LAW
His Appeal to Highest Court
Will Not Come Up
for a Year.
FATHER IN PORTO RICO
Way Is Suggested by Which the
Surrender of Confessed Wife
Slayer Could Be Delayed.
FATHER IN PORTO RICO

Because of the heavy docket OF the
United States Supreme Court, the case OF
Porter Charlton. who confessed TO kill
ing his wife at Lake Como, Italy, in
June, 1910, will not be argued for another
year, and. perhaps, not for two years.
A further Indication OF this is the re-
cent departure for Porto Rico OF Judge
Charlton, the sIayers father. Judge
Charlton has gone 10 Porto Rico as a
member OF the insular court, TO which
he was recently appointed by President
Taft. The President and Judge Charlton
were classmates at Yale.
Appeal from Jersey Law.
Charlton's case is before the Supreme
Court on an appeal from the New Jersey
Supreme Court. When Charlton's attor-
neyS, his father, and r. Lloyd Clarke, OF
New York, failed to convince the New
Jersey court that the young man was
insane, they sued out a writ Of habeas
corpus. The writ was procured for the
purpose OF blocking the deliverance Of
Charlton TO the Italian authorities in De-
cember, 1910, after the State Department
had issued a warrant for his surrender
All the courts of New Jersey denied the
writ, and the case was carried TO the
United States Supreme Court on appeal
Judge Charlton. before leaving Wash
ington TO go to his son after the young
mans arrest en- a steamship in Hoboken,
said TO the World correspondent:
They Will never extradite nv SON"
Judge Charlton was then chief law on
GER OF the Bureau of Insular Affairs OF
the War Department.
Young Charlton was held by the New
Jersey authorities for four days without
action being taken for either his release
or his eXtradition. On June 3, four days
after his arrest and confession, the ItaI-
ian authorities through the Italian Am
bassador here applied to the State De-
pSFtment for warrant OF surrender.
Fathers Sturdy Fight.
Judge Charlton induced the State De-
partment to hold OF for several months
and in the meantime began the legal
battles in New Jersey to have his son
either liberated or adJudged insane. This
occupied weeks. and finally resulted in
Charlton being declared sane
On December 10. 1910. almost six months
from the day Charlton confessed killing
his wife, the State Department issued
a warrant OF surrender. At the time IL
was said by certain department officials
that Charlton's lawyers could sue out a
writ OF habess corpus and prevent his
surrender on the ground that the extfR.
dition treaty between Italy and the
United States was faulty; that Italy,
since the signing OF the treaty, had re-
fused to surrender criminals wanted in
the United States. But when the State
Department issued the warrant the mat
ter was taken out OF the hands Of the
Federal government and was again in
the New Jersey courts. Charlton's law
yers then sued out a writ OF hsbeas cor
pus on the ground on which State De-
partment onicials had said 1t could be
done
The writ was argued through all the
courts OF New Jersey and refused by
those courts. When the State Supreme
Court refused TO grant the writ the law
yers carried It TO the United States Su-
preme Court on appeal. And there II is
now.
No Way to Hurry Case.
There is no way by which the case
can be pushed forward on the Supreme
Court docket by the Federal authorities.
according to oficials of the Department
OF Justice. The docket Is heavy with
Federal cases, many Of them equity cases.
There are a number Of criminal cases
which were brought to the court on writs
OF certiorari. one of these being the case
OF lne oHlclals OF tne lurpenune trust.
who were convicted Of violation OF the
Sherman antitrust laws.
At the State Department. Il Is said
that as soon as the United States Su-
preme Court clears the way action will
be taken on the case again by the Fed
eral government. The Supreme Court,
by denying the writ, would leave the
State Department no alternative but to
issue extradition papers. II the writ Is
sustained eXtradition would be refused
q nd the IihLra finn Of Charltnn nrhnrnh