New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-19
COURT BLAMES SUTTON
SAYS POSITIVELY HE
KILLED HIMSELF.
Nary Department ApproUes Find
ings, but Mrs. Sutton Nay appeal
to Congress for a Further Inquiry.
IFrom The Tribune Bureau ]


cause of the death of Second Lieutenant James
N Sutton. of the marine corps. at the Annapolis
Naval Academy in October. 1907, filed verdict
to-day which declares that Lieutenant Sutton
is directly and solely responsible for his own
death which was elf-inficted. either inten-
tionally or in an effort to shoot one or the per
sons restraining him. and his death was
not caused by any other injury whatever. Ihe
court finds further that no possible charge OF
criminality lies against any or the other par
Elephants i'm the fray and that the charges OF
"wlfut murder and conspiracy 10 conceal II
made by Mrs Sutton purely imaginary ana
unsupported by shadow Of evidence
truth or reason"
Iieutenants Bevan. Willing and Utley are
criticised by the court for their failure to per-
form their proper duties in not subduing sutton
by force after he made threats OF murder and
armed himself These criticisms tempered
by the court. which adds that the conditions at
the Marine School of Application were at that
time extremely bad. and that the carelessness on
the part ~ the thr~e men was due 10 ignorance
Of the regulations more than 10 wilful neglect of
duty. The court recommends that no action he
taken in their cases.
MINORITY REPORT
The findings OF the court Of inquiry ap-
navy and by Assistant Secretary Beekman Win
throp. Commander Hood filed minority report
in which he agreed with the findings Of the
court. but expressed the opinion that LAeuen-
ants Willing, Bevan. Adams. Ostermann and
Ctey showed a 'deplorable lack Of knowledge
Of their duties" and that they all should have
been punished in some manner.
In a note appended to his approval of the
courts findings Mr. Winthrop says that the re-
suits of the lax state of discipline at the Marine
School Of Application prior 70 and at the time
OF the death Of Lieutenant Sutton have brought
serious discredit. not only the officers direct
ly responsible for the efficiency of the institu-
tion. but unfortunately upon the Marine Corps
a whole"
The announcement of the findings and the de-
partmental action created no surprise among
naval officers. most of whom fully expected the
result 1t has been appreciated that the officers
implicated in the affair liable 10 discip-
lnary measures. It is now intimated that some
such report was transmitted 10 Washington on
the occasion Of the first investigation.
Henry f Davis. attorney for Mrs. Sutton.
made the following statement: The Judge ad-
vocate's handling Of the case is ftly supple
mented by the courts action. which makes
the inquiry a mere curtain raiser TO the. main
performance" This is taken 10 mean that
Congress will be asked 10 hold an inquiry Mr..
Davis said that he would make another an
nouncement i'm few days as 10 the course
which he viii pursue.
IAN can say" said Mrs. Sutton tonight rs
that there is still question in my mind that
my son did not commit suicide. and the decision
by the court of inquiry has by no means halted
me i'm my determination 10 vindicate him"
With reference TO the statement ~ Henry F.
nav
advocates handling Of the case Is ftly supple
mented by the courts action. which makes the
inquiry mere curtain raiser 10 the main per
formance," Judge Advocate Leonard said II
can only say that l accept the remarks as A
graceful tribute in the spirit in which I sure
g. is offered. The finding Of the court is al
together in keeping with the logical outcome Of
the evidence adduced that conceive Mr. Daviss
remark that it-fs hitting outgrowth of my han
ding of-rase Is very magnanimous compn-
rnent"
Arthur 4. Birney counsel for Lieutenant
Adams. said there was foundation for any
statement that Lieutenant Adams and others
will sue Mrs. Sutton for damages. Il under
stand" said Mr. Birney, that the Sutton side
does not intend 20 let the case drop But can't
see that they can do anything except stir up
some Congressional fuss"
THE COURTS REPORT
In its report the court says
After due consideration Of the testimony. in
the taking Of which the widest latitude al
lowed 10 all parties concerned, with the object
OF bringing out every possible bit OF testimony
or fact that might i'm any way bear on the sub
Ject matter under inquiry; and after carefully
weighing all the evidence, which, as might be
expected after the lapse Of time and in view of
the excitement under which the principal wit
nesses were laboring at the time of the occur
he MAJ - WV
mixed and contradictory I'm details. the court
finds certain facts standing out clearly, distinct
port Accordingly, at 2:30 p I'M. the Judge ad
vocate WAS called before the court and directed
10 record. viz:
FACTS.
First-That quarrel took place In which
filthy language. unbecoming an officer and p
gentleman, was used by Second Lieutenant SUIT
ton toward Second Lieutenant Adams I'm the
presence Of their senior, Lieutenant Utey. about
J a. m, october 10. 1907; that Lieutenants Ut
ley and osterman interviewed and prevented a
fight
Second-That because OF this interference a
fight took place Immediately afterward between
Iieutenants Ostermsn and Sutton. in which
Lieutenant Sutton was the aggressor. calling
osterman vile name and striking Osterman a
blow from behind.
Thrd-That Lieutenant Sutton was then or
dered under arrest by his senior officer Lieu %
away TO, his (Sutton's) tent. threatening 10
shoot all present. and armed himself with two
-SS-calibre revolvers, one Smith & Wesson
commercial. and one a service Colt.
Fourth-That Lieutenant Sutton, having pos
sessed himself of two revolvers. ran amuck
threatening all who came in sight, after first
defying his senior officer. Lieutenant IJtey, and
the officer OF the guard, Lieutenant Bevan, VINO
had also ordered him under arrest.
Flfth-That Lieutenants Utey and Rocker
and Sergeant De Hart followed Lieutenant SUIT
| ton from the camp after his breach OF arrest
and came on him in the road leading from the
barracks 10 the Naval Academy grounds.
prpViOuS fiRh nd nj
uuey and Sergeant De Hart tried To persuade
| him. Sutton. to disarm
SiHth-That Lieutenant Sutton broke away
| on hearing persons approach from the direction
| OF the barracks and ran I'm that direction and