The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-07
MRS. SUTTON
TAKES STAND
Asked toMentify Pathetic
Letters.
LAWYERS IN SHARP I'LL
Judge-Adyocate Decides Against
Family.
written words Of Fs.a Mother to be
Resd In Private Hesrias-Utley
Resanes Testimony
N Case.

Annapolis, Aug. 6.--Mrs. James N.
Sutton, mother or Lieutenant sutton
this afternoon was recalled to the wit
ness stand at the Investigation of h ell
sons death. Judge Advocate Leonard
submitted certain letters for her iden-
tii.eation which contained delicate and
serious charges against the defend
ants. he said.
MRS. sutton broke down and wep,
quietly during spirited objection By
Afr. Davis 10 the admission OF the let
tiers In evidence. 1.-THE letters are
not offered to assist the court In and
ing out how Lieutenant sutton met
his death--,they are entirely outside OF
the precept OF this inquiry" said Mr.
Davis. THAT these letters should be
read here, containing perhaps the ex
trayagant speeches of mother with
a stricken heart over the death of heI
son, Is most extraordinary and UMPIRE
cedented in any court
A long argument ON all sides fol-
lowed.
Mr.. Davis characterized Major Leon
ards proposition to introduce the let
ters as ,apreposterous'' and entirely
without the jurisdiction Of this present
board of Inquiry, and In bad faith.
orders Letters Heard.
"r regret to have to introduce these
letters. but 1t is my painful duty &c
nj rord the court all the enligh tenmen'
I'm this matter cam" said Major Leon
ard However. am surprised Of
Mr.. Davis,s attitude and he must re-
member that the hallowed grave of
dead son Ii no more sacred than a
navy reputation. and there are many
such regulations at stake mere.
think Mr.. Davis owes IT to himself
ana To the court to Withdraw some OF
| his remarks
II do not apprehend that have said
anything that should be wtthdrawn,
said Mr.. Davis curtly.
Commander Hood ordered the court
closed at this point and the members
OF the board and the Judge Advocate
| retired to confer.
| After half an hours conference
| Commander Eood announced that th'
| letters In question would be read "
| closed ccsart to- TIM Interested parties
and their COUNSEL and not rsad- pun
licly =. ss
Lieutenant Harold uttey resumed
his Testimony at the opening OF TO-
DAYS session. Henry d, Davis, coun'
sci FOR Mrs.. sutton, Lieutenat SUIT
toms mother, crss.examined the. wit
ness. Major Leonard, the Judge Ad-
vocate. arose to make statement III
justice to himself" before Mr.. Utiey
began to testify. II want to go OF
record that under the law and regu-
iations l had to instruct Lieutenant
Utley of his rights. as y defendant
that he did not have to answer ques-
tione which might tend to incriminate
him." said Major Leonard. Some, o.
the newspapers have said that triec
to stop the mouth Of this witness and
/ want this statement to appear here
in justice to myself. =.
Mr.. Davis took the witness back tc
the scene of the tragedy near the ma
rine barracks. and questioned him
closely about the Incidents leading VI
10 the shooting. emphasis the dis
crepancies in Utley's testimony OF yes
tefday by reading from the testimony
OF the other officers who were there.
Utley did not know who had taken
the revolver which disappeared ON the
night Of the shooting. and of which al
the witnesses so far disclaim any
knowledge. This was the small re-
voIyer and not the big service gun
and was found at the inquest.