Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-06
Quizzed as to Discrepancies,
UtIey Can't Reconcile Tales
SneciaI Dispatch tn The Star.


UtIey Can't Reconcile Tales
Special Dispatch to The Star.
ANNAPOLIS, Md, August 6.-The
cross-examination of Lieut.. Harold H.
UtIey was continued this morning when
the inquiry into the death of Lieut. James
y. Sutton was resumed
The cross-examina.ion was conducted
by Henry E. Davis the Suttons' attor-
ney. and took the form of a series of
questions as to the discrepancies between
Ctleys testimony and that of other wit
nesses previously heard.
Maj. Leonard Defends Motives.
Maj Leonard the judge advocate.
arose to make a statement lin justice to
himself before Mr.. Utley began to tes-
tify.
II want to go on record that under the
law and regulations l had to instruct
Lieut. Utley of his rights as defendant
that he did not have to answer questions
which might tend to incriminate him,
said Maj. Leonard.
Some newspapers have said / tried to
stop the mouth of this witness. / want
this statement to appear here In justice
to myself"
Mr.. Davis took the witness back to the
scene of the tragedy near the marine bar
racks, and questioned him closely about
the incidents leading up to the shooting.
emphasizing the discrepancies in Utley's
testimony of yesterday by reading from
the testimony of the other officers who
were there.
Quizzed on Discrepancies.
MIR. Utley.' began Mr. Davis. Lieut..
Adams testified in this inquiry that you
ordered him back from camp, after the
original fight, down to where he met Suit
ton and the shooting took place. telling
him to go back and get the clothes of the
fighters that had been left on the ground.
Was that so?"
that. while this excess has not been re.
Z do not remember it."
Lieut. Bevan said that you came up
and met him by the arcade near the Of
fcers' headquarters. and told him that
Sutton was misconducting himself.
Il can't recollect doing So
He says that when he arrived at the
place of the shooting he found you and
De Hart alone on top OF Sutton. Do you
remember such a situation?"
II do not
Lieut. Willing has testified that you
came to him and told him that Sutton
had two revolvers and was going to kill
Willing?'
Il do not recollect it,
Reported Tragedy as Suicide.
col. Doyen said you came to him and
told him that Sutton had shot and killed
himself
Yes. 1 went to Col. Doyen and re-
ported that Lieut.. Sutton had shot him.
self
col. Doyen also says you turned the
two revolvers over to him after the
shooting.
having had the Sutton revolvers at any
time
Now. Sergt De Hart testified that you
were already in the group about Sutton
when he reached the scene of the shoot
Il don't recall when it was that De
Hart reached the. place. l did not see
him come.
of the shooting You turned to him and
ordered him back to the barracks.
Il cannot recall giving him such an or
der
as he has testified, that he had received
Sutton's gun and thrown it away"
He did not, as recollect it. He did
volunteer to recover a revolver-knew, he
said where it was
Did not he say he had thrown 1t
away?
NO. cannot recall his saying So
Told De Hart to Find Gun.
You told him to go and find it,
Il think So
He says you told next morning that
you had found the revolver
II have no remembrance of telling him
that. And did not find the gun
Rocker. in his testimony at the first
trial, said you met him and told him
that Sutton had started out with his re-
volver.''
1T don't remember it,"
Rocker said that when he reached
Sutton. just before the final shooting.
YOU and De Hart were trying to dis
arm him. that. the first thing he saw. De
Hart had hold of Sutton's arm. and SUIT
ton broke away from him.
II have no recollection of it,
Now. lieutenant. cannot you remember
which OF Sutton's arms was under him
which 1t was you tried to get hold OFF,
Il can't recall which it was
Lieutenant, you testified at the origi-
nal inquest that you turned away as SUIT
ton lay on the ground. turned toward his
feet. YOU said, and searched the holster
of Sutton and his pockets for the other
revolver: then you said you turned back
without having found the revolver and
as you turned back toward his head. saw
the fash as he shot himself. DO you
remember SO testifying? And which tes-
timony is right?''
As He Recalls Now.
Il testified yesterday as l now remem-
Der what occurred"
You cannot say which testimony is
right? Whether you were just turning
back from Sutton's feet when you saw
the fash? Or whether you were clutch
ing Sutton's arm. up by his head, when
he pulled 1t away? Or whether you saw
the motion OF that arm and. following it
the shot?"
AS l remember 1t now I felt him draw
his arm away / tried to get his hand
and the revolver. But ! don't think
reached up any farther than his arm
| saw the arm move and the shot follow
ed"
Although you had no recollection OF
those facts before. you are positive OF
them now?"
My present testimony Is the best Of
my remembrance now of what happened
at the time OF the shooting
Which Is right. your testimony now oil
then?"
Il don't know what you mean by right
under these circumstances
Further reference was made in the