The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-06-10
DECISION HANDED DOWN TODAY
Long Fight Against Eytradition,
involving Treaty interpre-
tation, Is Futile
CRIME STIRRED WHOLE WORLD

Washington. June 10.--Porte- Charl-
ton must return 20 Italy to answer the
charge Of having murdered his wife
IN June. 1910, at Lake Como. The SUI
premo court $50 decided today.
Justice Lurton delivered The opin-
ion. lie sold first that no error had
been committed in excluding evidence
OF insanity AZ the habeas corpus pro-
ceedings in the lower court, and that
no error had been committed in maxi
ing a formal demand for Charlton.
Lurton lntsrprets Treaty.
on the main point in the case.
whether. under the treaty Of 1868, AL
American citizen could be extradited
to italy for crime committed there
particularly since Italy viii not ex-
tradtc its subjects for crime commit
ted here, I.urton said TIA refusal to
surrender citizens for cxtradition was
Of modern origin Some American
treaties provided citizens shall not be
cNtraditcd while others are silent
The conclusion is" said I.urton.
that this government in making ex-
coption i'm some treaties that 1t would
not extradite IT'S citizens shows it was
fully aware there was no exception IN
favor OF citizens IN other treaties
where tie exception was not made, "a
In the treaty with Italy"
Charlton has been n prisoner in the
Hudson county, New Jersey Jail for
! nearly three years.
Crime Stirred the World.
The killing Of Mrs. Porter Charlton
stirred Europe and America as have
few murders of recent years With
tho discovery of her crumpled body
stuffed into trunk and sunk in Lake
Como, Italy, where she had been with
her husband 10 spend her honeymoon.
both continents turned O. search for
the murderer
The first great problem to solve was
the Whereabouts Of the twenty-one
Years old husband who, as a bank
clerk in New York. had married the
woman, eight wears older than him
self and the divorced wife Of Neville
~ castle san Francisco lawyer His
! father, PAU Charlton, law adviser OF
! the bureau Of insular affairs and for
mer President Tafts classmate was
drm in the conviction that his son.
/ too. had been murdered. That ques-
ton was solved when Porter Charlton.
with his initials marked on his suit
case, arrived IN a steamer from Italy,
fov DAYS later at Hoboken n. ].
Confessed 20 Murder.
sf,t..4 ...~t.t tt,.... ,r,,ca re.1 q con pfau-
sion hearing his name.
with the acceptance of the confess
sion AS a solution Of the crime, there
arose almost at once the diplomatic
problem of Charlton's extradition. it
was admitted on all hands that Charl-
Ton could not be tried in the United
states tor a crime committed in Italy.
His friends. headed by his father, took
treaty. Months uf diplomatic ex-
traditcd TO italy, because Italy had al
ways refused. under the extradlticn
treaty oi 1868 to return italian sub
;ects to the United States TO answer
for crimes committed here
Italy Demanded Prisoner,
Italy, hor ever. made \ request for
the prisoner Secretary Knox parriod
10y asking it Italy thereby meant 70
waive its past interpretation OF the
treaty Months nf displouatic eS-
Change followed.
.fudgs .fohu a Blair. Of the court Of
pyer aud TerIoiner in Hudson coun-
ty. y. r sitting as 0 federal extra
dition magistrate, held Charlton sub
ject 20 extradition The court de
clined 10 receive evidence Of Charl'
tons insanity. on the ground that un-
der the law of New Jersey defense:
could not he made at a preliminary
Rearing Of tho nature then before thu
court.
Appealed 90 Supreme Court.
Secretary Knox approved that hold
ing taking the position that inasmucl
as Charlton could not be brought Il
answer for the crime in this country
the United states would adhere TO IL
interpretation of the treaty by surren
dering him to Italy.
Charlton's father then began the las
aght 20 save his son from extraditior
Ic appealed 90 the Circuit Court o
y thu United States for New Jersey 70
Cont;nued on 9th Paue. 3rd Column,