The daily banner. (Cambridge, Md.) 1897-2008, 1913-06-11
CHAR. MUST
RETURN TO ITALY
Supreme CQu.t Orders Extradi.
tiOn Of Young American
TREATY NOT ADVOCATED
Accused of Wife Murder, Porter
Charlton Loses Long Fight For His
iberfv

Charlton Loses Long Fight For His
Liberty.
Washington, June 11-Porter Charl-
ton, accused of the murder of his wife,
whose body was found in Lake Como,
Italy, just three years ago, was ordered
surrendered to the Italian government
for trial, by the supreme court.
After discussing ths insanity plea
the justice took up the main points in
the case, whether, under the treaty of
1868, an American citizen could be ex-
tradited to Fay for crime committed
there, particularly since Italy would
not extradite it's subjects for crimes
committed here The refusal to sur
render citizens for extradition, the
justice said, was of modern origin.
Some of the American treaties provid-
ed, he added, that citizens shall not be
extradited, while the others are silent.
Justice Lurton began as soon as the
court assembled He said first that no
error had been committed in exclud
ing evidence of insanity at the habsas
corpus proceedings in the lower court
and no error in making the formal de-
mand for Charlton.
"The conclusion is" said Justice
Lurton, "that this government making
exception in some treaties that it
would not eXtradite it's citizens, shows
it was fully aware that there was no
exception in favor of citizens in other
treaties wheer the execution was not
made, as the treaty with Italy.
Justice Lurton pointed out that it
was conceded that CT mes commi ted in
Italy were not justicable in the United
States, SO if eXtradition was not grant
ed. the criminals would go unpublished
Crimes committed in the United
States, he added, were justicable in
Italy. According to International law
he held that the treaty, by reason of
Italy's course, had not become void
but merely voidable at the option of
the American government The execu-
tive department having waived its
right to annul the treaty, the justice
held nothing remained for the court
to do but to enforce is decision.
The prisoner probably will be turn
ed over to the Italian authorities after
the observation of few formalities.
The body of Mrs. Mary Scott Cas- le-
Charlton was found in a trunk near
the wave-washed shore of Lake Como,
Italy, June 10. 1910. It was in q hor-
-r;bl5 nass ated . =
plain marks of violence.
The Italian police took up the inves-
tfgation of the case, with the result
that warrant was issued for the ar
rest of Porter Charlton, charging him
with the murder of his wife. Frequent
quarrels between the couple lent color
to the charge of the police.
A search for Charlton revealed that
he had left the scene of the crime
shortly before the body of his wife
had been found. He was traced to
Naples and thence aboard the North
bound for America.
News of Charlton's whereabouts was
cabled to the New York police, and on
his arrival in Hoboken, n. j., June %,
1910, he was arrested. Within an hour
he confessed to the police that he was
guilty of the murder.
Charlton was committed to the Hud-
son county jail and the long fight to
keep the young man from being ex-
tradited began. Judge Paul Charlton,
well known in Washington, brought
all his influence and wealth to bear in
an effort to save his son. The best
counsel in the United States was re-
tanned and every move of the authori-
ties was opposed with vigor.
Judge Charlton was former United
States jupdge for Porto Rico and was
a classmate at Yale of former Presi-
dent Taft,