The Washington times., 1909-08-13

the road. Rocker and Utley following.
sutton met Adams who ClinChed him
ana threw him TO the ground. All u
JHem rushed Sutton, it is said. for the
OBJECT OF getting his gun away.
Euhning amuCk2 Why Sutton was
running away from his enemies"
Ine attorney then went into a dcsCrip-
Ilou OF the manner in which Sutton was
descrlbed a. lying when shot through
the mead 'Bevau knows better than
any man in the world, he exclaimed,
Tor ne was holding SuttOn's shoulder.
BeEan says SuttOn's face was perfect
~ nat upon the ground with his nose in
the dirt, that when he heard an eX-
clamation that Rocker was shot SUIT
ton arm simply moved toward the
TOP or his head, directly forward. He
saw no turning Of SuttOn's arm. He
heaFc a dull report such as he had
never heard from revolver before.
Vikings Testimony.
Willing, too, testified that Sutton s
nose was straight down, and that the
shot came almost concident with the
remark about Rocker.
And now comes Utley who says that
ne was following Sutton's arm UP try
ing &c get hold of the other revolver
when the shot was fired; that the gun
exploded while Utley was In the act
OF trying to find it."
w hat does Adams say?' Numbered
Davis; He says that he saw Sutton
pull the pistol out, that Sutton made a
sudden movement with his body, pulled
his right hand from under his body
ana, placing the pistol about four inches
from his head, hred
AT the inquest he said his attention
was on rocker at this time. This
time he recalls Sutton turning his
mead TO the right and shooting.
challenge my friend. Mr.. Birney.
VINO IS 10 FOLLOW me, to find the slight
est mint OF sutton turning his head
at any time, except this single refer
ence to it, and it has never been said
before.
4 declare that the evidences Of this
case demanded thai he should turn
his head to the right in order that
sutton might be shot in the way that
ADAMS says he was shot He had to
turn his head or he could not have
shot from the ground, and I ask you to
remem Der this, that every demon
stration that adams has given as TO
the manner In which the bow Wah
shot was given with his head turned
70 the right, a condition contrary to
lne testimony OF other witnesses.
Identified the Gun.
"All hsve identified the Colts as be-
ing in Sutton's right hand, but Adams
says that in some way the weapons
were exchange at the time Of the fatal
shot, the small one being in Sutton's
hand. Adams knows that Sutton was
shot with the small Smith & Wesson
gun and his own tongue cannot mistake
the promptings of his conscience.
Did you notice that when Adams de-
scribed the fight that he said that Sut-
ton threatened to shoot him before there
was any lighting?
why did Osterman and Adams try to
arm themselves? %
Mr.. Davis next turned his attention
to Sergeant DeHart, making the state
ment that everybody knew that DeHart
had nos told the truth upon the stand
The court whispered among themselves
at this, and Mr.. Davis. apOlogizing that
he might have overstepped his rights.
said:
Where / have been accustomed to
practice / can say this, but | will with
draw the reference to everybody ard
say that DeHart's testimony Is to me
wholly inexplicable and tells its own
story.
Now 1 come to a most important
thing, DeHart was handed a revolver
that night and, realizing IL TO be in