Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-06-11
Young Man Who Murdered
Bride and Sunk Her Body in
Lake Como Loses on Final
Appeal
DIPLOMATIC QUlBBLE
FAILS TO SAVE HIM
FaithfuI Fathers Last Hope
Shattered by Decision Of
United States Supreme.
Court,
lsy MORNING JOURNAL SPECIAL lsAseo w'sri

fsv MORNING JOURNAL SPECIAL LEASED wisri
Washington. June 10.-Three years
10 day after the discovery of the
body of his wife in the waters of Lake
Como. Italy. Porter Charlton lost his
ast fight against being turned over
he his native land 70 the Italian gov
eminent for trial ON charge cf muir
der The supreme court sustained to-
Gay the state departments decision
TO deliver Charlton in compliance with
lalys demand. The mandate" of
the supreme court, By which it, decl-
sion viii be presented officially to the
New Jersey courts having Jurisdiction
over Charlton. will be issued shortly
after the court adjourns for tho sum-
mer June 10th.
Justice Lurton iegan delivering the
supreme courts decision in the Porter
Charlton extraditiOn case as soon as
court assembled today He said no En-
ror had been committed in excluding
evidence Of insanity at the habeas cor
pus hearings in the lower court and
that no error was committed in maxi
ing the formal demand for Charlton
NNNAArt u was iibA iAf''fNf'hAa y ~ AiAtfiNf
the demand at the cxtradtion hearing.
After dismissing the insanity phase,
the justice took up the main point,
whether under the treaty of 1868 an
American citizen could be eXtradited
10 Italy for crime committed there,
particularly since Italy will not eX
iradite its subjects for crimes com
mittcd here The refusal to surrender
citizens for trial. the justice said. WAS
Of modern origin. Some Of the Ameri-
can treaties provide. he added. that
citizens shall not be eXtradited. While
others are silent
THE conclusion is. said Judge
Lurton, that this government in max
ing exception in some treaties that il
would not extradite its citizens, shows
it was fully aware that there was no
exception IN favor of citizens in other
ueaiies. where the exception was not
made, as the treaty with italy.
We come to the question whether
the treaty is no longer binding on the
United states because italy has refus-
ed to surrender up its subjects"
Justice Lurton reviewed at length
the espondence between the Unit
ed states and italian governments re-
garding the attitude of the two gov
ernments He pointed out that IL
was conceded that crimes committed
In Italy We're not iustciable IN the
United states. SO if eNtradition Wert
not granted the criminals would go
uppunishcd Crimes committed In the
Cnitcd States, he added were 1ustiel-
able in italy According to information
al Laws hc held that the treaty by rea-
son of ltalys course had not become
void but merely voidablo at the OPP
ton Of the American government. The
executive department having waived
its right to annul the treaty, the JUS
tice concluded nothing remained for
the court TO do but to enforce its de-
Gison
Charlton has been a prisoner in
the Hudson county, New Jersey lall
nearly three years while the fight for
his extradition has been going ON.
HE supreme courts decision today
aifirms the action of former Secretary
Knox. who determined to turn Charl-
ton over to Italy The prisoner now
probably will be turned over to the
italian authorities after the observ-
ance of a fey formalitics. Charl-
tons father. who conducted a gallant
fight for his son, was former United
states judge for Porto Rico ana
classmate of former President Tatt-
The next move is for the supreme
T..ts
to carry out its original order a war
rant for Charlton's delivery to repre-
sentativos of the Italian government
has been waiting While the legal hght
has been going on There is Il posi-
bility of Il request for a review on
newly discovered evidence