The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1913-08-28
MAY ESCAPE ON
The INSANITY PLEA
italian Jurors and Judges InfIuenc
ed by Views Of Noted CriminOI-
Ogist Defendant Declines
to Discuss Case
BY HENRY woon.

BY HENRY WOOD.
(Staff Correspondent Of United Pregs.j
Naples, Aug. 2s.-Accompanied by
the two carabinieri who have not left
his side since he was taken from the
New Jersey prison on August l4 Por-
ter Charleton arrived here today on
board Re d Italia to stand trial for
the murder Of his wife. Fears that
he might attempt suicide during the
voyage, rather than face the Italian
courts, were entirely ungrounded ac-
cording to the carabinieri.
The sea voyage had evidently bene.
fitted Charlton very much. He appear
ed in much better physical trim even
than wh1n taken from New Jersey.
He declined positively to discuss the
case, saying that It was a matter sole
" for his attorneys,
AS yet practically nothing has been
done by the Italian government tc
wards the trying Of the case. The de.
partment Of Justice preferred that
Carlton should be actually in It's jur-
isdiction before It should begin it's
work It has not even been decided
whether he shall be kept at Rome Or
at Milan, which is nearer to Como.
where the case viii probably be heard.
pending the preliminary preparations.
In general, It is not expected that
Charlton will be convicted although
very likely he will be judged insane
and disposed Of accordingly. Owing to
the profound influence which Lombro-
So the famous criminologist who died
a few years ago at Milan, had upon
Italian judicial life. conditions are
mos favorable in Italy for escaping
criminal convictions on pleas OF men
tai irresponsibility.
Lombroso's profound studies, which
have been recognized in ali parts Of
the world, resulted in goodly part
OF the Italian criminal code being mod
flied in favor Of those who have be-
come criminals through Inherent moral
or mental deficiency. Judges and jur-
ors throughout Italy are also especially
disposed towards this phase Of Grim
e.ogy in all cases heard by them.
Should Charlton actually be brougI.t
to trial he will be enclosed in a steel
cage in the court room as were the
famous Camorrists during their trial
at Viterbo. The usual carabinieri with
Gssd bayonets win be constantly on
guard and will take the usual precau-
tons to prevent the attempts at sui
eide which so often happen in the
prisoners cage in the italian court
room.
Italian attorneys who have looked
up the case have succeeded in finding
a precedent in chsrlton's favor which
they say VIII unquestionabIy be intro.
duced An almost identical case was
tried several years ago in italy when
an Italian named 0iivetto murdered
his wife, concealed the body in a trunk
and threw it into lake.
lombroso, who was then alive and
was called as an alIenist in the case,
demonstrated not inly that the man
vas mentally irresponsible hut that
owing to peculiar conditions he was
perfectly harmless as far as society
in general was concerned. His com
plete acquittal followed.
Should Charlton be convicted he
would probably be given the usual
penalty Of life Imprisonment. This
carries with It seven years Of solitary
Confinement which IN Italy usually
proves fatal
In the case Of his being adiudged in
sane he will be confined in an asylam
until he is either cured or until the
department Of public safety is con
vineed that his liberty would not be 4
menace to the public at large. This
IN Italy it is usually not difficult 10
establish
Il is believed it would be especially
easy in the present case in view Of
the fact that a Charlton would prob.