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Show CHITON'S GASE KIM" Preliminary Hearing Postponed While Questions of State Are Settled. NEW YORK, Juno 28. Porter Charlton Charl-ton 's case now awaits on tho result of oxchangos between tho stare department at Washington and the Italian government. govern-ment. His- counsel today, in asking that his formal arraignment bo postponed, promised that no effort would bo mado under habeas corpus, insanity or other, proceedings to take tho prisoner out of tho hands of the Now Jersey authorities pending tho adjourned . arraignment, which after somo argument was set for July 8. Meanwhile it. is expected that the international in-ternational aspects of tho case will havo adjusted themselves' and a decision will be reached as to whether Charlfon shall bo delivered to tho Italian authorities on extradition proceedings. Charlton, pale and thinner than when last seen out of doors, was brought from the jail to the courthouse under escort of the warden and tho sheriff, but between be-tween whom ho walked unmanacled and shieldine his faco from tho gato of the curious crowd by means of a partly opened newspaper. He sat with his eyes fixed on tho floor whilo tho attorneys conferred with Judge Blair. Sooking for Delay. With the arrival of Gustavo di Rosa, tho Italian consular representative in New York, the proceedings wcro opened by a motion on the part of tho defenso for an adjournment. Prosecutor Garven said he had no objection, provided it be agreed that Charlton bo kept meanwhile mean-while in tho Hudson county jail and that, no proceedings woro instituted to fako him out of the custody of the New Jersey authorities, This pronii&c Charlton's counsel readily read-ily made and Judge Blair set the hearing hear-ing for July 8. Copies of the Italian evidonce of tho crime are in the hands of Gustavo di Rosa, tho Italian consular representative representa-tive in New York. It was said also beforo the proceedings oponed before Judge Blair in Jersey City that the New Jersey authorities also had a copj of a dispatch sent by the Marquis Paolo di Moutegliari, charge d'affaires at tho Italian embassy in Washington, to Sec-rotary Sec-rotary of Stato Knox on the day of Charlton's arrest, requesting tho young man's extrndition. In reply the marquis was stated to have reccivod a. noto from Secretary Knox in which it was intimated that if Charlton was given up Italy would hereafter be expected to consent to the extradition of Italians who commit crimes in America and flee to Italy. The further exchanges roported in this connection were said to have resulted re-sulted in a declination on the part of the Italian government to commit itself to any such proposition on tho ground that an Italian penal code provision of a later date than the extradition troaty with the United States provided that no Italian subject accused of crime should be tried outside his own count'rv. Italy was said to have mado no reply to tho state department's rojoinder that an international treaty should take precedence over a national law. |