Arizona republican., 1913-06-11
Three Years After Finding of Woman's Body the Supreme Court Directs American Turned Over to Foreign Government
DEFENSE ALLEGES
 HE IS INSANE
Court Rules It Has No Power to Consider Mental Status of Prisoner That Being Matter for Italians to Decide
ASSOCIATED PRESS DIsPATCH1


 WASHINGTON, June 10.-ThFes years to a day after the discovery CT the body of his wife in the waters of Lake Comoa, Italy. Porter Charlton lost his last fight against being turned OTer bv his native land to the Italian gOV- ernment for trial on q charge of mur- der The supreme court sustained to- day the state departments decision ID deliver Charlton in compliance with Itafy's demand.
 Charlton was a bank clerk in New York and his father, Paul Charlton, was a cIassmate of Ex-President Taft and until recently a federal judge in Porto Rico. The young man has been held in jail in New Jersey since ms arrest three years ago.
 Insanity was alleged as the maln ground for opposing Charleton's re- moval to Italy. It was further con tended that the Uni,ed States could not extradite one of it's citizens to Italy lI.- ~Inuch US that country has reft2ss to extradite it's subjects to the United States The s"Qlcne court he.d today that Charlton had no right 10 resent evidence of hi3 insanity at an extra .ii-ion hearing aLd that his 2cnteptioH as to the power to extradite was erron- eous Justice Lurton. in announcing the courts decision. however, said that impressive evidence O. insanity mad 1 been cftered in Charlton's behalf fe believed way could be found to pre- sent this at the conclusion of Char tons trial in -taly
 The mandate Cc the suprerue court, ! by whi-ii She deCt,..nn will G. presented officially to the New Jersey courts
 having jurisdiction over Charlton will be issued shortly after the court ad- 5ourns for the summer on June 16- The killing Of Mrs. Porter Charlton stirred Europe and America as have few murders of recent years WitR the discovery of her crumpIed body stuffed into a trunk and sunk in Lake 1 Como, Italy. where she had been witif
 her husband to spend her honeymoon. both continents turned to search for i the murderer.
 1 The first great problem to solve was
 the wherea bouts of the twenty-one 1 years old husband who. as a bank clerk ! in New York, had married the woman. eight years older than himself and the ] divorced wife of Neville H. Castle, d i san Francisco lawyer. His father.
 Paul Charlton, law adviser of the bu- ! reau of insular affairs and former President Taft's classmate, was firm in ] the conviction that his son, too, had ! been murdered That question was l solved when Porter Charlton, with his ! initials marked on his suit case, arrived ] on a steamer from Italy, q few days 1 later at HOboken, N. J. That night : there appeared confession bea~ins his name
 My wife and I lived happily to~ gether but she had an uncontrollable temper and so had l." read the con fessfon "On the night of the murder she had the worst outbreak of temper I ever saw. I told her to keep quiet | or l would make her keep quiet Then l she had another outbreak. I took up wooden mallet with which had been repairing a table, and hit her on the head and body two or three times. At midnight I put the body in a trunk, dragged it to small pier near tha 1 house and threw it overboard.' 1 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 for a crime committed in Italy His friends, headed by his father, took the position that he could not be ex- l tradited to Italy, because Italy had lalways refused, under the eXtradftion treaty of 1868 to return Italian sub iects to the United States to answer for crimes committed here.
 Italy, however, made a request for
 the prisoner Secretary Knox parrled by asking if Italy therefore meant to waive it's past interpretation of the
 treaty. Months of diplomatic eNchans-
 es followed.
 Judge John 4. Blair, of the court of oyer and terminer in Hudson county x. J. sitting as q federal extradition magistrate, held Charlton subject to I extradition. The court declined to re- ceive evidence of Charlton's insanity , on the ground that under the law of , New Jersey defenses could not be made at preliminary hearing of the nature f then before the court.
 Secretary Knox approved that hold - 9 ing, taking the position that inaSmuch l as Charlton could not be brought to
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