Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1913-06-10

rendering him to,Italy.
Charlton's father then began the
last fight to save his son from extra
dition. lie applied to the Circuit
Court OF the United States for New
Jersey for his release on habeas cor.
pus proceedings, holding that the
treaty did not justify the extradition
and that evidence of sanity should
have been received. The Circuit Court
refused to grant his release, but
tCharlton appealed to the Supreme
court 1t was this appeal that was
acted upon today.
As evidence Of Charlton's insanity,
nis counsel offered to prove that as
child he had fits of extreme rage, Civ
ing as one instance, his begging to be
permitted to take yengance on a horse
that had run away with him. Another
instance referred to was the occasion
when Fdul Chalaon, his father, in
quiled as to his sons resources, when
told Of his marriage, the result beng
that the son refused to dine with him,
and later, on his honeymoon trip,
wrote to his father a letter so full
Of folness and abuse that the father
destroyed it unread, except for a
Glance through ii to see its purport" !"
Evidence was offered to show that
the family history of Porter Charlton
supported the claim of insanity Coun-
sci offered to offer testimony on the
medical history Of the murdered wife
to show that she had once been con
fined to an institution in New York,
suffering from erotic insanity. 1t
was explained that her condition was
important as bearing on Charlton's
mental condition.
After discussing the insanitay plea
the justice took up the main point
in the case, whether under the treaty
of 1868, an American citizen could
be extradited to Italy for crime
committed there, particularly since
Italy will not extradite its subjects
for crimes here. The refusal to sur
render citizens for extradition, the
Justice said, was of modern origin.
Some of the American treaties pro
vide, he added, that citizens shall not
be extradited, while others are silent.
"The conclusion isl said Justice
Lurton, that this government making
exception in some treaties that it
would not extradite its citizens,
shows it was fully aware that there
was no exception in favor of citizens
in other treaties, where the exception
was not made, as the treaty with
Italy.
I'VE come now to the question
whether the treaty is no longer bind
ing on the United States because Italy
has refused to surrender UP its sub
jects"
! Justice Lurton reviewed at length
the correspondence between the Uni.
ted States and Italian governments
regarding the attitude of the two gov
ernments He pointed out that it was
conceded that crimes committed il
Italy we're not iustifieable in the Uni
ted States, so if extradition we're not
granted the criminals would go un
punished. Crimes committed in the
United States, he added. were jus
ticiable in Italy.
According to international law. he
held that the treaty, by reason ol
Italys course, had not become void
but merely voidable at the option ol
the American government. The ex
lec0tive department having waived its
fright to annul the treaty, the justice
concluded, nothing remained for the
court to do but to enforce its deei
sion
Charlton has been prisoner in the
+ Hudson county n. il Jail nearly thres
years while the tight for his extradi
| tion has been going on. The supreme
court decision today affrms the actor
Of former Secretary Knox. who de
Etermined to turn Charlton over (
Italy The prisoner now probably viii
be turned over to Italian authorities
after the observance of few for
malities.
Charlton's father who conducted |
gallant fight for his son, was a form
en- United states judge fos Porto Rico
and classmate of former Presiden
Taft.
SUPREME COURT ADJouRNs