Los Angeles herald., 1909-08-21
LAWYER SCORES
COURT AND SAYS
IT WAS PARTIAL
CLAIMS JUDGE ADVOCATE IN
SUTTON INQUIRY DERELICT
DECLARES LIEUTENANT COULD
NOT HAVE SLAIN HIMSELF
Attorney for Officers Mother viii
Not Drop Case, but on Return from
His Vacation viii Resume
investigation
CRv Associated Press.)

n
w criticising the conclusions of
the court of inquiry which re-
Gently reinvestigated the death of
Lieut.. James N. Sutton of the marine
corps, Henry e. Davis, counsel for Mrs.
Sutton, mother of the dead officer, in a
statement today declares the judge ad-
vocate was derelict in his duty in not
confirming the two legal propositions
submitted by Mr.. Davis.
Had he done so, and the court heed
ed him." Mr.. Davis says, lit would
have been absolutely obliged to exclude
the hypothesis of suicide and almost
certainly to exclude the hypothesis OF
a wound self-inhicted as the eXplana-
ton cause of Lieutenant Sutton's
DEATH"
OF the two propositions, Mr.. Davis
states that one of them related TO the
equality and extent of evidence neces-
sary to a verdict of suicide, and the
other was as to the conditions under
which a. phenomenal explanation OF
given situation-in this case, the nature
Of Lieutenant Sutton's wounds-could
be accepted"
In view of the findings and OPINION
of the court of inquiry, especially the
fifth opinion that the charges of Mrs.
Sutton were unsupported by even
shadow of reason" Mr.. Davis declares
he feels ii to be his duty to Lieuten-
ant Sutton's mother, whom he says
has so faithfully sought to reneVe her
son from the stigma of suicide" to
submit a statement for the consldera-
ton of the public.
Scores the Court
He refers to the language used in
the decision of the court as eminent
ly unjudicial and unnecessarily harsh.
Il am impelled to this course in large
part" said Mr.. Davis, "by the ap-
prehension that those who know only
so much of the case as the press has
found it possible to publish, may be
led to think the determination of a
body of officers in the military service
of the country must be a righteous re-
suit, and that Mrs. Suttons attitude
may have been justly estimated by
those to whom the honor of the SER
vice, as we'll as the cause of justice,
was for the occasion committed
Mr.. Davis concludes by saying the
statement is on his own responsibility
and is given out without conference
with any other person.
Mr.. Davis declined to state What
further action he would take, although
il was made evident the case would
not be dropped. He left the city today
to be gone until October and said that
on his return he would announce MS
purposes. al,
Accusing the court of inquiry of Gull
ing from mixed and contradictory testi
mony certain statements almost II NOT
exclusively those of the accused Whlch
the court finds standing out cieaIiy,
distinctly and beyond dispute or caVl,
Attorney Davis declares the court con-
veniently rejected every statement,
whether of the accused or or other
witnesses, in conflict Herewith.
Denies explanation of Shooting
Mr. Davis then takes up the sixth
finding, which declared that sutton
was killed by revolver shot from
service Colt revolver held IN ms own tT
right hand and fired by himself with
out the Intervention of any other hand,
and after quoting upon this point from
the testimony of Lieutenant Adams,
both before the bo; rd of inquest and
the board of inquiry, he declared II
Adams statement be true, obviously
the fatal shot was not fired from the
Colt revolver.
clared Mr.. Davis, that Immediately
prior to the final encounter Sutton had
two revolvers, one a Colt and the other
a Smith & Wesson, and before the fatal
shot was fired some one had taken one
away from him. and an attempt was
being made to get the other at or i'm
medately before the fatal shot"
Calling attention further to Lieuten-
ant Adams testimony in which he is
declared to have said the shot with
which Sutton is alleged to have killed
himself was fired "from the little re-
volver" Mr.. Davis says the signifi-
canoe Of the fact that Adams, the only
witness who stated that he saw Sutton
in the act of shooting himself, thus
Identifies the Smith & Wesson as the
revolver used by Sutton in the alleged
act, is too obvious for comment.
Critlcises Statement
Referring to the fifth opinion of the
court. that the charges of wilful mur-
der and conspiracy to conceal it, made
by the complainant, Mrs. Sutton, are
purely imaginary and unsupported by
even a shadow of evidence, truth or
season." Mr.. Davis states the average
civilian mind will have some difficulty
in comprehending this statement and
declares the court was not convened to
try any supposed charges of Mrs. SUIT
ton, but to fix the responsibility of the
death of Lieut.. Sutton.
Mr.. Davis says, in presenting the
case, he dealt exclusively with the tes-
timony produced before the court, and
upon that testimony Sought the judg-
ment for which I contended, namely,
that Lieut.. Sutton did not die by his
own hand, whether Intentionally or ac-
cidentally, and the courts opinion i'm
mediately under consideration was and
is wholly gratuitous."
Pointed reference Is made to the
action Of the judge advocate, who, M.
Davis stated, placed Mrs. Sutton, who
was originally only a party to the in
uuiry, first as a complainant before the
court and next as a defendant against
whom the energies of those interested
in the accused officers were thenceforth
directed"
Mr.. Davis said he regarded 1T as un-
necessary for him to characterize the
action OF the judge advocate in the
premises.