The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-08-18
Question of Suicide or Acct
dent Left Open in Of
fetal Report.
THEORY OF MURDER
SCOFFED BY JUDGES
Attorney for Mrs. Sutton Says Thfs
Is But the Beginning of
the Fight.

THAT Lieutenant Sutton = :
while being chased by Lieutenants
Utley and Rocker, met Lieutenant
Adams and opened firs on him; in
the general scrinnage that followed
shot Rocker in the breast and
Adams in the hand. and when final
y overpowered and thrown to the
ground by Adams, was killed by
revolver shot, from a service Colt
revolver, held in his own RIGHT hand.
and fired by himself, without the in.
teryention of any other hand"
REPORT OF BOARD.
This Is the striking paragraph
of the report Of the court of in
quiry, which has been investigating
the cause Of the death of Second
Lieut. James N. Sutton, of the
Marine Corps. and which made its
recommendations to the judge adj
yocate general of the navy this
morning. BY that official it was
turned over with his approval to
the Secretary of the Navy and Act
ing Secretary Of the Navy Beck
man Winthrop approved the boards
findings In the laconic sentence.
The above recommendations Of
the Judge advocate general are ap-
proved.
Not the End, Davis Says.
On hearing the resultof the long hearing
Attorney Henry z. Davis declared that
the hearing was but the prologue TO the
main performance, and that the hght
had just begun to free Lieutenant Su1-
tons name from the stigma of suicide
Attorney Davis declared that the
finding Of the court means nothing TO
the SUttons.
That no possible charge OF criminal
Ity lies against any of the participants
IN the fray, except Lieutenant sutton
himself, and that Lieutenant sutton
IS directly and solely responsible for
MS own death which was self-infiicted.
either Intentionally or in an effort 20
shoot one Of the persons restraining
hin, and his death was not caused by
any other injury whatever" is the
opinion of the board
That the charges of willful murder
and conspiracy TO conceal Il, made by
the complainant, Mrs. Sutton, mother
Of Lieutenant Sutton, are purely i'm
aginary and unsupported BY even a
shadow Of evidence, truth, or reason.
Finds Facts Clear.
The report declares after consideration
of evidence which, after q lapse of two
years, might be expected to b mixed
and contradictory, in details, thar GER
tain facts stand out clearly, distinctly,
and beyond dispute and eavH
In brief. the cGJTt finds.
That Lieutenant SUttons death was
self-inhicted. 1t does not say he COM
mitted suicide. but is undecided as to
whether or not he tried 10 kill himself
or in an effort to shoot some other
party, put a bullet into his own brain.
That the charges of willful murder
were presented by Mrs. Sutton. the
lieutenants mother, and are purely
imaginary and unsupported by evil
dence."
That no charge of criminaIity lies
against participants in the fray in which
he was killed, except Lieutenant Sut-
ton himself.
Preceded a Fight.
That a quarrel primarily led to the
by sutton, unbecoming an officer and
a gentleman, toward Lieutenant Adams,
and that Lieutenants UtIey and Oster-
man preceded a fight
That because of this interference, a
fight did take place imediately after
wards between Osterman and Sutton:
Sutton being the aggressor, calling
Osterman a vile name. and striking
OsteTman a blow from behind"
That Sutton, ordered under arrest by
his senior officer Lieutenant Utley aid
not obey, armed himself with two IS
caliber reValVerscs a Smith & Wesson
and a Service Colt and ~ranamuck"
threatening all who came in sieht, after
first defying his senior officer"
These were the general facts found
by the board. In its opinion several Of
the officers concerned were guilty of
neglect Of duty, but lin view of the
youth and decided ineXperieuce Of Lieu-
tenants Utley, Willing, and BeVan at
the time and of the altogether unusual
conditions of excitement. threats, and
danger during tf,e aforementioned fray,
st is recommend that no further pro-
ceedings be taken.
Commander Hoods View.
Commander Hood, T.. 5. NJ. c., presi-
dent of the board. presented a minority
report. In if, he agrees with the lnd-
ings of the whole board, bun declares
that i'm view Of the testimony that "the
whole deplorable affair indicates a state
of discipline then existing in the Ma
Tine School of Application. discreditable
to tile service, and argues strongly
against the practice of commissioning
and putting into positions OF RESPONSE
billy. young men without proper pre-
vious training
Commander Hood censures Lieuten-
ants Willing, Bevan and Utley and SAYS
they should have been brought TO trial
at the time for neglect OF duty" but
agrees that il is too late now 10 do 50
only because of their youth and in
al that time, and because Of
their being, in a sense. the victims Of
a system for which they themselves
were not responsible.
Acting Secretary of the Navy Win