The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1914-10-29
WAR DELAYS TRIAL
Charlton, Who Killed Wife in
Italy, Awaits Fate.
New York Judge, Retained for De-
Tense, Processes to Be Confident
Of Freeing Him-For Years
Behind the Bars.

New York.-It is now more than
four years since Porter Charlton, the
twenty-year-old American youth, killed
his middle aged wife in their cottage
at Lake Como, Italy, and placed her
body in trunk and sank it in the
lake. 1t is more than year since his
fight against extradition from this
country-to which he fied-failed. His
case has been an extraordinary record
of the laws delay. The European war
now intervenes to prevent his trial
next November, the date set. l
Judge Palmieri of this city, retained
by ex-Judge Charlton, the young mans
father, to defend the youth. left New
York on July 15, on the steamship
Moltke, and arrived at Genoa to find
Italy excited over Austria's declara-
ton of war against Servia and every
thing at standstill, the machinery of
justice as well as that of commerce,
because of the seemingly probability
that Italy herself would be involved in
the impending struggle, says the New
York World. He went on to Lake
Como and conferred with the authori-
ties there, and it quickly became ap-
parent that Charlton would not be
tried in November. Judge Palmieri
found that under the circumstances
the trial will not be reached before
next February, so he decided to re-
turn to America. 1t took him weeks
to get steamship accommodations,
and he got back only recently, coming
in the steerage, where one Of his fell
low passengers was Catholic arch
bishop from Kansas.
II find" said Mr.. Palmieri, that
there is general public misunderstand-
ing as to what punishment, if any,
may be melted out to young Charlton.
In Italy murder in the first degree
calls for life Imprisonment. But it
seems not to be generally known that
the young man is not indicted for MUIR
der in the first degree. Following the
inquisition which Charlton underwent
shortly after he was returned to Italy
the presiding magistrate gave 1t as
his opinion that the killing of Charl-
toms wife was not premeditated; that
it was done in the heat of passion.
The extreme penalty for such a con-
viction is 20 years Imprisonment. Of
course it would be of the most drastic
nature, because years of it would
have to be passed in solitary confine-
ment. But the sentence may be much
lighter. The court may impose as
-,
italian judges in passing sentence
always take into consideration the
length of time the defendant has been
in prison awaiting trial. The condi-
lions under which an accused prison
er lives in Jail over there are far
different from here. Here the law
presumes that man is innocent until
he is proven guilty; he can have his
friends in to see him frequently, can
confer with his lawyer as often as he
pleases, and may write letters without
stint, and their complete privacy is
recognized.
Porter Charlton.
cit isn't like that in Italy. When
you are arrested for crime you are
supposed to be guilty until you can
show that you are not. In jail you
have to endure all the restrictions and
privations of convicted felon in
America. There are few privileges,
but the full opportunity to receive rel
atiyes and friends, privacy of CORE
spondence and ample opportunity for
exercise in the prison corridors and
yards are fatty denied. Even Charl-
tons letters to me are censored"
Judge Palmieri expressed himself as
completely confident of securing Charl-
toms acquittal in Italy as he did that
of Josephine Terranova in this city
few years ago on the ground of ado
descent insanity. That will be the con-
tention in Charlton's case.
Judge Palmien has been accorded
recognition at the Italian bar with the
privilege of freely participating in the
trial. He has, however, engaged as
his associate Giovanni Prozio, member