Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-06-11

days later. at Hoboken n j. Tia
night there appeared confession
bearing his name.
MY wife and | lived happily to-
gethcr but she had an uncontrollahle
temper, and so had I read the con-
fcssion. "On the night of the murder
she had the worst outbreak of temper
ever saw. told her 10 keep quiet
or would make her keep quiet. Then
she had another outbreak took
up wooden mallet with which hod
been repairing d table. and hit Nor
on the head and hody two or three
times. AT midnight | put the body 10
a trunk, dragged il to small uipt
near the house and threw q net-
board
With the acceptance of the confes-
sion as a solution of the crime theie
arose almost nt once the diplomatic
problem of Charltons extradition 1t
was admitted ON all hands that Charl-
ton ould not be tried in the rnitce
states for crime committed la Italy
His friends. headed by his father. took
the position that he could not De OK
raditcd 20 italy because Italy hadal-
WAYS refused under the eXtraditiun
treaty Of 1868. 10 return Italian suh-
iects 10 the United States to anrwci
for crimes committed here.
Italy. however. made request fer
the prisoner Secretary Knox par
ried by asking II Italy thereby meant
to waive IFS past Interpretation of the
treaty Months OF diplomatic rs
changes followed
Judge John A. Blair. of the Couit IF
oyer ana Tcrminor In Hudson county
y. J. sitting as federal cXtraditiou
magistrate. held Charlton subject t.
cxtradition. The court declined to re-
ceiNc evidence of Charlton's insanity
on the ground that under the law OF
New Jersey dcfenses could not be
made at preliminary hearing of the
nature then before the court
Secretary Knox approved that hold
Ing. taking the position that inas-
much as Charlton could not be brought
to answer for the crime in this cOun-
try. the United states would adhere
to its Interpretation Of the treaty by
surrcndering him TO Italy.
Charlton's father then began the
last fight TO save his son from cxtradi-
tion. He applied TO the circuit cour'
of the United states for New jersey
for his release on habeas corpus pro-
ceedlngs. holding that the treaty did
not justify the eNtradtion and that
evidence of insanity Should have been
received Tho circuit court refused
to grant his release. but Charlton ap-
pealcd to the supreme court. It WAS
this appeal that was acted upon today.
A. evidence Of Charlton's insanity
his counsel offered to prove that as a
child he had fits of extreme rage, Civ
Ing as one instance. his begging TO be
permitted to take vengeance on q
horse that had run away with him.
Another instance referred to was the
occasion when Paul Charlton. his
father. inquired as to his sons re-
sponsihility when told OF his marriage
the result being that the son refused
to dine with him, and later. on his
honeymoon trip. wrote TO his father
letter 80 full Of foulness and abuse
that the father destroyed it unread,
except "a glance through it to see it,
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
show she had once been confined
in am institution in New York, suffer-
ine from erotic insanity II vas ex-
planned thas her condition was i'm
portant as bearing on Charltcn's men,
tai condition.