Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-06-12
Supreme Court Rules on Appeal
of Youth Who Killed
His Wife.
THREE YEARS SINCE TRAGEDY
Impressive Evidence" of Insan.
ity Cannot Legally Be Pre-
scented at an Extra
ditiOn Hearing.

Washington, June 10-Three years
10 a day after the. discovery of the
body of his wife in the waters of Lake
Como, Italy, Porter Chanton lost his
last fight against being turned over
by his native land to tie Italian gov
eminent for trial on harge of muir
der. The supreme Coirt to-day sus-
tanned the state Departments decision
to deliver Charlton in compliance with
ltaly's demand.
Charlton was a bnk clerk in New
York and his fatbr. Paul Charlton,
classmate of ex-'resi1ent Taft and
until recently fedral judge in Porto
Rico. The young man has been held
in Jail in New J6sey since his arrest
nearly three yeat ago.
Insanity was alleged as the main
ground for OPPOSING Charlton's re-
moval to Ital, and it was further
contended tbt the United States
could not eXtadite one of its citizens
to Italy inasiuch as that country had
refused to .xtradite It's subjects to
the United itates.
The Suprine Court held to-day that
Charlton I'D no right to present evil
dence of is insanity at the extradi-
ton hearig and that the contention
as to thepower to extradite was err
roneous Justice Lurton, in announc-
ing the ,urt's decision, however. said
that oppressive evidence" of insan-
ity had,een offered on Charlton's be-
half. I is believed way will be
found o present this conclusion at
Charlti's trial in Italy.
The mandate" of the Supreme
Courtby which its decision will be
know officially to the New Jersey
cour having jurisdiction over Charl-
tonwill be Issued shortly after the
cot adjourns for the summer Mon
da June 10. Court adjourned at 1875
p!n. to-day until that date.
che Italian embassy here will take
further steps In the matter, leaving
ich action as may be necessary to the
Italian consul-general at New York.
STIRRED TWO CONTINENTS.
The killing of Mrs. Porter Charlton
stirred Europe and America as have few
murders of recent years. With the dis
covery of her crumpled body stuffed
into a trunk and sunk in Lake Como
Italy. where she had been with her hus
band to spend her honeymoon, both con
tinents turned to search for the murder
en-.
The first great problem to solve wa,
the whereabouts of the 2l-year-old hus
band who, as a bank clerk In New York
had married the woman. eight years old
or than himself and the divorced wifi
of Neville II. Castle, a San Francisco
lawyer. His father, Paul Charlton, Law
adviser of the bureau of insular affair
and former President Taft's classmate
was firm in the conviction that his son
too, had been murdered. That question
was solved when Porter Charlton, witt
his initials marked on his suit case
arrived on steamer from Italy. few
days later at Hoboken, n. J. That nigh
there appeared a confession bearing hi
name.
my wife and | lived happily together
but she had an uncomfortable temper
and so had l." read the confession. 20
the night of the murder she had tn
worst outbreak Of temper l ever saw
told her to keep quiet or I would max
her keep quiet. Then she had anothe
outbreak y took up a wooden malle'
and hit her on the head and body tw
Or three times. At midnight / put tn
body In a trunk. dragged 1t to sma
pier near the house, and threw 1t over
board"
CAUSED DIPLOMATIC PROBLEM.
With the acceptance of the confessio
as a solution of the crime, there aros
almost at once the diplomatic problem G
Charlton's extradition. 1t. was admitte
on all hands that Charlton could not b
tried in the United States for a Grim
committed in Italy. nis friends, heade
by his father, took the position that h
could not be extradited to Italy, becaus
italy had always refused, under the eA
tradition treaty Of 1868, to return Italia
subjects to the United States to answe
for crimes committed here.
ItalS. however, made a request for tn
prisoner. Secretary Knox parted by asr
Ing If Italy thereby meant to waive II
past Interpretation Of the treaty. Month
Of diplomatic exchange followed.
Judge John A. Blair of the court {
oyer and terminer in Hudson county,
J., sitting as a federal extradition magi'
trate, held Charlton subject to extrad
ton. The court declined to receive ev
dence of Chartons insanity on III
ground that under the law Of New Jel
sey defenses could not be made at PR
lminary hearing of the nature then befoi
the court,
Secretary Knox approved that holding
taking the position that inasmuch q
Charlton could not be brought to answ,
for the crime in this country, the Unite
States would adhere to its interpretatio
of the treaty by surrendering him
Italy.
Charlton's father then began the la
fight to save his son from extraditio
He applied to the circuit court of II
United States for New Jersey for h
release on habeas corpus proceeding
holding that the treaty did not justii
the extradition and that evidence of sal
ity should have been received, The CT
cult court refused to grant his releas
but Charlton appealed to the Supren
Court 1t was this appeal that was act'
upon to-day
As evidence of Charltons insanity, h
- counsel offered to prove that as a chi
he had FITS of extreme rage, giving
one instance, his begging to be permitt'
~ take vengeance on a horse that hs
llin away with him, Another instan
referred to was the occasion when ia
charlton, his father, inquired as to h
sons resources when told OF his ma
riage, the result being that the son r
fused to dine with him, and later,
his honeymoon trip. wrote to his faith
latter 80 full of foulness and abui