New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-11
CHARLTON MUST GO
TO ITALY FOR TRIAL
Supreme Court SuStainS the
Decision to Extradite Con-
feSSed Wife Murderer.
THREE YEARS FIGHT ENDED
Europe and America Stirred by
the Finding of Mrs. Charl-
tons Body in a Trunk in
Lake Como in 1910.


day after the discovery Of the body Of
his wife In the waters OF Lake Como
Italy, Porter Charlton lost his last fight
against being turned over by his native
| land to the Italian government for trial
on the charge OF murder. The Supreme
Court sustained to-day the State De
partment's decision 10 deliver Charlton
I'm compliance with Italy's demand.
Charlton was a bank clerk In New
York, and his father IS Paul Charlton.
classmate OF eX-President Taft. and
until recently federal Judge In Porto Rico.
The young man has been held In jail I'm
New Jersey since his arrest. nearly three
years ago.
Insanity was alleged az the main
ground for opposing Charlton's removal
10 Italy. and IL was contended that the
United States could not extradite one OF
its citizens 10 Italy because that country
had refused TO extradite its subjects to
the United States. The Supreme Court
held that Charlton had no right 10 pre-
sent evidence Of his insanity al the ex-
tradition hearing. and that the contention
as to the power 10 extradite was errone-
Gus
Justice Lurton. in announcing the
courts decision, however, said that I'M
pressive evidence" Of insanity had been
offered on Charltons behalf II is be-
lieved that a way will be found 70 pre-
sent this conclusion at Charlton's trial
In Italy.
The justice pointed out that II was con-
ceded that crimes committed in Italy
were not Justiclable in the United States.
So II extradition were not granted. the
criminals would go unpublished. Crimes
! committed in the United States. he added.
were jusuciable in Italy According 10
international law. he held. the treaty By
reason Of Italys course had not become
void. but merely voidable al the option
Of the American government. The execu-
tive department having waived its right
10 annual the treaty. the justice con-
cluded. nothing remained for the court
10 do but to enforce It's decision.
The fight 10 prevent Porter Charlton's
extradition may be kept up. r. Floyd
Clarke, who argued the case before the
Supreme Court in behalf Of Charlton. said
yesterday that an appeal could be made 10
the President or the Secretary OF state
Whether this will be done will be left 10
the decision Of Charton's father. who is
now in Porto Rico
The killing OF Mrs. Porter Charlton
stirred Europe and America. With the
discovery OF her crumpled body stuffed
into a trunk and sunk in Lake Como.
where she had been with her husband TO
spend her honeymoon. both countries
| turned 10 search for the murderer.
The first problem to solve was the
whereabouts Of the twenty-one-year- old
husband, who as a bank clerk in New
York had married the woman, eight
years older than himself and the d.
vorced wife OF Neville II. Castle a San
Francisco lawyer. The problem was
solved when Porter Charlton arrived on
steamer from Italy a few days later
AT Hoboken. That night there appeared
q confession bearing his name
MY wife and | lived happily together.
but she had an uncomfortable temper.
and so had l." read the confession. ION
the night OF the murder she had the
worst outbreak OF temper I ever saw
told her TO keep quiet or I would make
her keep quiet Then she had another
outbreak. ] took up wooden mallct.
with which had been repairing a table.
and hit her on the head and body two or
three times. At midnight I put the body
in trunk, dragged il 10 small pier
near the house and threw Il overheard"
Italy made a request for the prisoner.
Secretary OF State Knox parted by ask
ing II Italy thereby meant to waive its
past Interpretation OF the treaty Months
OF diplomatic exchanges followed
Judge John a. Blair. in Hudson County,
n. j.. sitting as a federal extradition
magistrate held Charlton subject to ex-
tradition and Secretary Knox decided 10
surrender the prisoner to the Italian
authorities. The case was finally carried
to the Supreme Court.