Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-21
STORY Of CRIME
NO " CHANGED
BY CHARL 7 ON
American, in Dire Trouble to Sc
cure Proper Legal Service,
Has New Defense,
BY CAMILLE clANFARRA.
Special Wireless to The Anerinan

n.
ROME, Sept. 20.-After a fortnight
of intense mental anguish, during
which a 30-year sentence stared him
in the face day and night, Porter
Charlton now breathes a little more
freely.
He has received a letter stating
that. through the Intervention Of
some sympathetic friends who want
to give him every possible chance,
Judge Palmeiri had reconsidered his
decision not to defend him and had
retained an associate Signor Guiana
Porto, a Deputy in the Italian Par
Lament and one of Italy's most IA
nous criminal lawyers.
Until a few days ago Charlton's
chance of having even a fair trial
was slim, and the young man brooded
over It.
He informed Judge Rognoni. who
conducted the preliminary investiga-
ton, that his fathers financial re-
sources had been exhausted during
the long legal battle fought in the
United States to wrest him from the
italian court, and he now had no al
tentative but to avail himself of the
the Italian law, a destitute defendant
is entitled.
Couldn't Prove Poverty.
The answer was anything but reas-
Huripg, as Charlton was unable to
submit to the proper authorities a
certificate proving he was not a
property owner, nor could he assert
he came from a family Of paupers.
Besides, the judge told him that
while at the trial a lawyer would be
assigned to defend him, still his
chance of getting a short sentence
rested wholly with his lawyers abil-
ity in conducting the case and pre-
pairing the defense and in the alien
lists opinions.
The judge pointed out that he need
ed lawyer who would take more
than a formal interest in the case.
Then Charlton asked for a list of
Italy's well-known lawyers and asked
them to come to his aid. The replies
were utterly disCouraging; they show
ed him that Italian criminal lawyers
are nearly as expensive as their
American brothers.
In despair, Charlton wrote to an
American here whose name had been
suggested to him. The final result
was that Judge Palmieri consented TO
induce Deputy Porto to look after
Charlton's interests while the fnan-
cial question was being discussed.
Dispositions Are Permitted.
Deputy Porzio's first step was to
acquaint Charlton with the Italian
penal procedure. under which wit
nesses for both the defendant and the
prosecution residing abroad are not
required to come to Italy to testify,
but may be heard either before the
Italian Consul or United states
Commissioner in the district where
they reside, their deposition being
read at the trial.
1t is now clear that the first fight
over Charlton is to be fought in New
York where former Judge Painter
Will conduct an examination OF W.T.
nesses before the Italian Consul
The examinations over, the prelim-
mary investigation will be closed and
the case will be turned over to the
indictment section Of the court, when
is equivalent to the American Grand
Jury. It is only after this verdict mas
been returned that the date of the
trial can be fixed.
Changes Version of Stroy.
Although during these stages the
Investigation is strictly secret ana
the prisoner is not allowed TO com
municate with his lawyers, yet 1t Is
known that Porter Charlton has sub
stantially changed his version OF the
murder from that which he gave I'M
mediately after he landed from New
York
Among other things, Charlton salu
that after their departure from New
York during all the time they were
at Moltrasio, he and his vie We're
never for a single hour fully sober
He declared that on the night OF June
s he was even more than usual under
the influence of spirits.
The detail upon which Charlton IN
sisted strongly, which the combined
efforts Of Judge Rognoni and Prose
cutor Mellini could not induce him 10
alter, is that never for moment
throughout the night did he reallze
that his wife was fatally hurt; the
stupor in which she lay, as wen as
her means. he attributes TO the Ell
feet of excessive drinking.
It was only at daybreak the next
morning. when he had partially re-
covered from the effects of the de-
bauch. that he realized, to his horror
that the woman lying at his side was
q corpse.
He then was seized with panic, and
frantically endeavored to conceal the
body of his victim.