The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-10

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Washington, D. c., June 10. Porter
Charlton must return to Italy to an
swer the charge of having murdered
his wife in June, 1910, at Lake Como.
The supreme court so decided today.
Charlton has been prisoner for
three years in the Hudson county, New
Jersey, Jail while the fight for his
extradition was going on. He will
now probably be turned over to the
Italian authorities after the ohsery-
ance of few formalities
Justice Lurton began delivering the
courts opinion as soon as the court
assembled. He said first, that no err
ror had been committed in excluding
evidence of insanity at the habeas
corpus proceedings in the lower court
and no error had been committed in
making formal demand for Charlton
because it was not necessary to the
demand at the extradition hearing.
The killing of Mrs. Porter Charlton
stirred Europe and America as have
few murders of recent years. With
the discovery of her crumpled body
Como. Italy, where she had been with
her husband to spend her honeymoon,
both continents turned to search for
the murderer.
The first great problem to solve was
the whereabouts Of the 21-year old
husband who, as bank clerk in New
York, had married the woman, eight
years older than himself and divorced
wife Of Neville FL. Castle, a San Fran
cisco lawyer. His father, Paul CharI-
ton, late adviser OF the bureau of in
sular affairs and formerly President
Tafts classmate, was firm In the con-
viction that his son. too, had been
murdered. That question was solved
when Porter Charlton, with his int-
tials on histsuitcase, arrived on a
steamer from Italy,. a few days later
at Hoboken N. j, That night there
appeared a confession bearing his
name.
"My wife and I lived happily togeth-
er, but she had an uncomfortable tenn
per, and so had L. read the confess
sion. "On the night of the murder she
ever saw i told her to keep quiet or
/ would make her keep quiet. Then
she had another outbreak. took up
wooden mallet, with which I had
been repairing table, and hit her on
the head and body two or three times.
At midnight put the body in a trunk,
dragged it to a small pier near the
house, and threw it overheard
With the eXeceptance of the cor
fession as q solution of the crime,
there arose almost at once the iiplo-
matte problem of Charlton's extradi-
ton. 1t was admitted on all hands
that Charlton could not be tried in
the United States for a crime COM
mitted in Italy. His friends, headed
by his father took the position that
he could not be extradited to Italy,
because Italy had always refused
under the extradition treaty of 1868
to return Italian subjects to the
United States to answer for crimes
committed here.
Italy, however, made a request Cor
the prisoner. Secretary Knox parried
by asking liz Italy thereby meant tu
waive it's past Interpretation of the
treaty. Months of diplomatic ex-
changes followed.
Judge John A. Blair, of the court of
oyer and terniner in Hudson county,
N. r, sitting as a. federal extradition
magistrate, held Charlton subjecs 20
extradition. srhe court declined to
receive evidence of Caarlton's insanity
on the ground that under the law of
New Jersey defenses could not be
made at a preliminary hearing Of the
nature thea before the court.
Secretary Knox approved that hold
ing, taking the position that inasmuell
4 as Charlton could not be brought to
answer for the crime In this country
the United States would adhere to its
Interpretation of the treaty by sur
rendering him to Italy.
Charlton's father then began the
last fight to save his son from extradi-
ton. He applied to the circuit court
of the United States for New Jersey
B for his release on llabeas corpus pro-
ceedings holding that the treaty did
Z not justify the extradition and that
evidence of sanity should have been
received. The circuit court refused
4 to grant his release, but Charlton ap-
! pealed to the supreme court. 1T was
I this appeal that was acted .pon to-
day.
AS evidence OF Charlton's instnity,
his counsel offered to prove that as d
child he had fits of extreme rage
giving as one instance, his begging to
be permitted to take vengeance on q
1 horse that had run away with him
Another instance referred to was the
{ occasion when Paul Charlton, his
\ father, inquired as to- his sons re-
sources, when told Of his marriage. the
result being that the son refused TIC
dine with him, and later, ON his honey
moon trip, wrote to his father d let
ter $50 full of foulness and abuse that
the father destroyed it unread, exa
cept a glance through it to see It's
purport.''
Evidence was offered to show that
the family history Of Porter Charlton
4 supported the claim of insanity
Counsel offered to offer testimony or
the medical history or the murdered
wife to show she had once been con-
fined once In an institution In New
1T was explained that her condition
was Important as bearing on Charl-
tons mental condition.