The Daily Missoulian., 1909-08-25


cles been SO aroused as in the Sutton
case. Th" two cases. though different
in setting. reVolveI around the same
axis-honor. The uudaunted Admiral
SChley. who was I'm the forefront OF
tFc famous battle of Santiago, direct
ing the American sea forces in the
absence Of his t!tu!ar chief admiral
Sampson. fought for recognition "f his
vaIor displayed. and lost. Having ac-
tually led the fight and gained tn"
victory. Srhley cont"nd"d that he
should be credited with the victory
instead Of Sampson. who was many
miles away and but tn" tituIar leader.
Lieutenant Sutton'a family sought To
remove from his memory and from
the history IL the family the cloud
which "A former trial body had cast
upon it-suicid". Tn" case vas in
volved In much haze. as tn" tragedy
occurred at night and tn" evidence was
but circumstantial That Sutton had
bad friends" or plainly speaking.
enemies" at both the Annapolis ma
rine corps depot wher" he VAS on
duty. and at the Annapolis naval acad-
emr. from which h" graduated. Was
admitted on all sides. and especially
by those who testified. many nf them
at tn" trial saying openly h. was not
liked by several of his fellows A.
Admiral Schloy lost out after bril-
liant battle led by his chief counsel.
and there Was AN array uf legal talent
behind him. including the present sen
ator Rayncr of Maryland. 80 did the
Sutton family fail tn prove that their
son and brother met other than sui
cidai end The court declared that
Sutton alone WAS responsible solely
for his DEATH but the Sutton family
proposes tn fight 1t out further in an
effort tn clear this stain from tn"
family cscutcheon.
II is pretty hard to beat the serv-
ices in court trials. Like the SChleys
and Suttnns, the navy department and
marine corps were equally as anxious
To keep their skirts clean of scandal
or taint In the Schley case. although
President Roosevelt was inclined tn
sympathize with the gallant Admiral
nevertheless the law of command was
held to rule. and the navy department
authorities having recognized Samp-
sons ttular command Of the fleet. al
though absent. the court sustained this
view, Admiral Dewey. fresh from his
victory at Manila bay. likewise sym
pathizcd with Schley, and taking n
somewhat broader view of the Situa -
ti"n, Schley having directed the fight
was the lone member of the court tn
come out in Il minority report Sus-
tanning Schleys contention. In the Sut-
ton case the board of inquest CON
vened by the naval authorities held
that Sutton suicided and naturally the
department leaned toward this in tn"
court trial following. lake the Schley
trlaf the head Of the court nf inquiry
filed minority report. Lieutenant
Hood severely censurng the lack of
young officers In positions nf great
responsibility at the Annapolis grounds.
Others involved In the affraS should
have been punished. hn declared.
Much acrimony featured the trial.
and indications point 10 its continu-
! ance.= Attorney Henry T.. Davis. for
. tile Suttons. who was formerly dis
trict attorney of Washington. and con
ceded to be the most brilliant Wash
ingtm lawyer was extremely Vindic-
tive. Both he and Judgc Advocate
General Leonard of the court Mere 50
bitter i'm their cross fiery remarks
during the trial that their hitherto
pleasant friendship of long standing
was broken. and the two never spoke
to each other Davis WAS hot under