The San Francisco call., 1909-07-28
MARINE OFFICERS
ON THE DEFENSIVE
Naval Court Makes Companions
of Sutton Defendants in
Hearing
Move Follows Accusations in
Mothers Letter Asking for
Investigation

ANNAPOLIS. Nd, July 27.-The gov
ernment today put itself on the de-
fensive and made Mrs James N SUIT
ton of Portland, Ore. complainant
and direct accuser of several marine
officers in connection with the death
of her son, Lieutenant James n. Sut-
ton, the circumstances of which have
been under investigation here for the
last ten days before the naval board of
inquiry.
The governments sudden change, at
the suggestion of the judge advocate
Major Leonard, making the proceed
ings of a more formal nature. came as
surprise when Mrs. Sutton was re-
called as a witness.
WAITING FOR UTLEY
An adjournment was taken until
Lieutenant Harold Utley, a material
witness, now" stationed on the battle
ship North Carolina. has returned to
this country. The inquiry will be re-
sumed probably August TO-
When Mrs. Sutton was called by the
judge advocate she was asked to iden-
tify letter which she wrote TO the
secretary of the navy last February
urging her petition for reopening the
inquiry into her sons death and iTs
which she expressed her belief that new
evidence would be adduced to show
that Lieutenant Sutton was killed by
one of his brother officers, instead of
committing suicide, as the former
board of inquiry decided. When this
letter was admitted in evidence Major
Leonard requested the court to place
Mrs. Sutton on the stand as complain-
ant against Lieutenants Adams, Bevan,
Willing and Osterman and Sergeant de
Hart of the marine corps, all of whom
were at the scene of the tragedy on
the night young Sutton was shot.
NO DESIRE TO ACCUSE
Attorney Henry E. Davis insisted
that Mrs. Sutton's sole object was to
clear her sons name of the stigma of
suicide, and not to direct suspicion
against any particular person. The
court sustained the Judge advocates
position and the officers named were
notified that they had been made par
ties defendant and henceforth had the
right to be present and cross examine
witnesses.
Davis accused the judge advocate of
| laches in the proceedings by not in
PRODUCING Mrs. Sutton's letter in evi-
dence at the start and fully defining
the nature of the inquiry at that time.
Major Leonard said he had no other
intention from the inception of the
inquiry than to declare his present at
titude, but had deferred it simply to
afford the introduction of all the i'm
partial and unbiased evidence that
could be obtained.
Commander Hood notified the officers
/ called in that they were parties defend
1 ant to the inquiry and decided to ad-
] L Iarv "a
] Surgeon Cook returned.
ASKED FOR PUNISHMENT
Mrs. Sutton's letter, which formed
/ the basis of the governments new at
titude in the case, was written to the
! secretary of the navy on February s
! 1909 and referred to the petition made
: in her behalf for new investigation
/ by Senator Bourne of Oregon. The fol-
! lowing paragraph appeared in the let
1 ter in reference to her petition to re-
! open the case:
That if it should be found that one
of the other participants in the affray
( in which my son lost his life was Grim
inally responsible for his death, oil
probably so responsible. such further
action as may be deemed appropriate
may be taken for the purpose of bring
| ing the person so thought to be re
sponsible to trial and to punishment i
convicted"
Mrs. Sutton added that her own in
vestigation convinced her that her sol
I r InA I,xr rot tlaar- nff