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Show Slayer Charlton Is Loser -jt & He Must Return to Italy PORTER CHARLTON AND WIFE HE SLEW. U. S. Supreme Court OrHers Extradition; Gives Insanity-Theory Insanity-Theory Credence. WASHINGTON, Juno 10. Three 3rears to a day after tho discovery dis-covery of the body of his wifo in tho waters of Lake Como, Italy, Porter Charlton lost hie fight against being turned over by his native iand to tho Italian government govern-ment for trial on a charge of murdor. The supreme court sustained today the state department's decision to do-liver do-liver Charlton in compliance with Italy's demand. Charlton wns a bank cleric in New York and his fathor, Paul Charlton, classmate of former President Taft, and until recently federal judge in Porto Rico. Tho young man has been held in jail in New Jersey since his arrest ar-rest nearly three years ago. Insanity Alleged. Insanity was alleged as the main ground for opposing Charlton's removal to Italy, and it was further contended that tho United Slates could not oxtra-dite oxtra-dite ono of Hb citizens to Ttaly, inasmuch inas-much as that country had refused to ex tradito its subjects to tho United States. Thc supreme court held today Charlton Charl-ton had no right to present evidence of his insanity at tho extradition hearing, hear-ing, and that the contention as to the power to extradito was erroneous. Justice Lurtpn, in announcing tho court's decision, however, said that "Impressivo ovidonco" of insanity had been offered on Charlton's behalf. It is believed a way will bo found to present pre-sent this conclusion at Charlton's trial in Italy. Opinion of the Court. The "mandate" of the supremo court, by which its decision will be presented officially to the New Jerse3T courts having jurisdiction over Churl-1 ton will be issued shortly after thc court adjourns for tho summer, Juuc 16. Justice Lurton bogifn delivering tho snpromo court's opinion in thc Portor Charlton, extradition case as soon as the court assomblod. Ho said first that no error had been committed in excluding exclud-ing evidence of insanity at thc habeas corpus proceedings in tho lower court, and that no error was committed in making tho formal demand for Charlton Charl-ton because it was not necessary to the demand at tho extradition baring. After discussing the insanity ploa the justice took up tho main point in tho caso, whother under tho treaty of 1S68 au American citizen could bo extradited extradit-ed to Italy for a .crime committed there, particularly since Italv will not extradite its subjects for crimes hero, The refusal to surrender citizens for extradition, tho justice said, was of modern origin. Somo of tho American treaties provided, ho said, that citizens citi-zens shall not be extradited, while others oth-ers aro silent. "The conclusion is," said Justice Lurton, "that this government making execution in some treaties that it would not extradite its citizens, shows it was (Continued on Page Tour.) pouter mm TO BE EXTim (Continued from Pag.. One.) fully aware that thorn wns no exception excep-tion in favor of citizens in other treaties treat-ies where the exception was not made as tho treaty with Italy. ''"We cbmo to the question whether the treaty is no longer binding on the United btatos because Italy has re fused to surrender up its subjects." Justice Lurton reviewed at length the corrcsondcnco between tho United States and Ttalian governments regarding re-garding the attitude of tho two governments. gov-ernments. He pointed out that it was conceded that crimes committed in Ttaly wcro not justifiable in the United States, so if extradition were not granted the criminals would go unpunished. Crimes committed in the United States, he added, woro4 justifiable in Italy. According Ac-cording to international law, he held that the treaty by reason of Ttalv's course had not become void, but merely mere-ly voidable at tho option of tho American Ameri-can government. Tho oxecutivo department de-partment having waived its right to annul the treaty, the justico concluded, nothing remained for tho court to do but enforce its decision. Secretary Knox Sustained. Charlton haa been a rlsoner in ttio Hudson county, New Jersey, .pil nearly three years, whilo tho fight tor bis ox-tradition ox-tradition has been going on. The supremo su-premo court's decision today affirms the action of former Secretary Knox, , who determined to turn Charlton over to Ttaly. The prisoner now probably will hi) turned over to Ttalian authorities authori-ties after the observance of a few formalities. for-malities. ' Charlton's father, who conducted a gallant fight for his son, was a former United States judge for Porto Rico and a classmate of former President Taft, The next move is for the supreme court to direct tho Now Jersey court to carry out its original order. A warrant of extradition ex-tradition for Charlton's delivery to representatives repre-sentatives of the Italian . government has been waiting while the legal fight, has been going on. There is a possibility of a request for a rehearing on newly discovered dis-covered evidence. History of the Case. The killing of Mrs. Porter Charlton stirred Europe and America as have few murders of rccont years. With the discovery dis-covery of her crumpled body stuffed into a trunk and sunk In Lake Como, Italy, where she had been with her husband to spend her honeymoon, both continents turned to search for tho murderer. The first great problem to solve was the whereabouts of the twenty-one-year-old husband who, as a bank clerk In New Vnrlr IipH marrlorl thn TVnmy ? nlr.1.1 years older than himself, and tho divorced wifo of Neville H. Castle, a San Francisco Fran-cisco lawyer. His' father. Paul Charlton, law adviser of the bureau of Insular affairs af-fairs and formor President Tart's classmate, class-mate, was firm In the conviction that his son, too, had been murdered. That question ques-tion was polved when Porter Charlton, with his Initials marked on his suit case 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 T lived happily together, but she had an uncontrollable temper, and so had I," read the confession. "On tho night of the murder she had the worst outbreak of temper I ever saw. I told her to keep quiet ov I would make lfcr kep (iiie(L Then she had another outbreak. out-break. I took up a wooden mallet, with which I 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 a small pier near the house, and threw it overboard." Is a Model Prisoner. JERSEY CITY. N. .1.. June 10. Porter Charlton received the news that he was to be extradited. In the Coll of the Hudson Hud-son count v jail, where he has been confined con-fined sine his arrest three yea.rs go declined to niSKs any comment, Tho lail authorities ?av he has been a model prisoner pris-oner and has made many friends, both among fellow prisoners and his jailers His father, who led the long fight to p"ro- ?SAffl.ll,on' ,w b"een h,s sl ,JJl? Prisoner's health has not been d fleeted by his long confinement. r was said and up until today ho has been con-i con-i xs pvtul release. Fherlfr Wedin had received no word this afternoon after-noon as to when the young man would be claimed by thc Italian authorities |