The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-06-11
SUPREME COURT HOLDS
CHARLTON MUST FACE TRIAL

Porter Charlton. who is now held in
the Hudson County jail in New Jersey,
under A charge of having murdered his
wife at Lake Como. Italy, in June, 1910,
will be returned to Italy for trial on the
charge of murder.
After nearly three years struggle in
the courts, resisting the efforts of the
Italian government to extradite Charlton,
the case was settled yesterday by the de-
CisiOn of the Supreme Court affirming the
judgment of Magistrate Blair, of the
Court of Common Pleas for Hudson
County, in ordering the prisoner sur
rendered to the Italian consul in New
York. A warrant for Charlton's extradi-
ton was issued by the State Department
on demand of the Italian government
and its execution has been suspended
pending the determination of the appeal
to the Supreme Court.
On every point raised by the attorneys
for Charlton, the Supreme Court decided
against the prisoner. The first point
raised by the defense was that an error
was committed by Magistrate Blair in
refusing to admit testimony offered by
Charlton's attorneys in the preliminary
proceedings on the question of his extra
dition, tending to establish his insanity.
The highest court holds that insanity is
a defense and that ii was available for
Charlton at his trial on the charge of
murder. and that Magistrate Blair COM
mtted no error in excluding it at the pre-
Iiminary hearing. which was simply to
determine whether there was a prima
facie case made out on which he could be
'cXtradited
Return to Italy Soon.
The Italian Embassy let it be known
today that it is taking no action in the
matter of CharIton's eXtradition. leaving
the case TO the Italian consul in New
York.
II is not likely that there will be much
delay in returning the prisoner to Italy,
from which country h. fed Immediately
after the commission of the crime. There
is the bare possibility of a motion for
rehearing, based on newly discovered
evidence, but this is believed to be i'm
probable.
Porter Charlton is the son of Paul
Charlton. formerly law officer of the Blu
rcau of Insular Affairs of the War De-
partment, and later a judge in Porto
Rico. He has made a determined fight to
save his son from eXtradition-
The body of Mrs. Porter Charlton. or
Mary Scott Cassell Charlton, was dis
covered by fishermen in Lake Como.
Italy, concealed in a trunk, which had
been sunk in the lake. For A time the
Identity was not known. Later, Porter
Charlton's coat was found in the lake,
and at first there was suspicion of a
double murder. Finally, the identity was
established, together with the fact that
the couple, who had been occupying the
villa on Lake Como, supposedly enjoying
their honeymoon, had frequently quar-
relied violently, and ii was not long until
suspicion rested on charlton.
Outgoing steamers were watched, and
finally the fugutive's presence on an in
coming vessel was flashed by wireless,
and he was arrested as he left the
steamer at her pier in Hoboken. Charl-
made a confession, admitting that he
killed his wife with a wooden mallet in
the midst of a violent quarrel, in which
both exhibited ungovernable temper.
CharIton's wife was eight years his senior.
1t turned out that she had a career on
the stage; had been married once before
to a prominent lawyer in a Western city,
and that they Were divorced. She was a
sister of a well-known army officer, who
took a deep personal interest in the case.
and has insistently demanded the eXtradi-
ton and punishment of Charlton.