The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-08-19
Probable That Mother Will
Appeal to the Attorney
General.
MAY ASK FOR TRIAL
BY A FEDERAL JURY
Attorney Van Dyke Declines to As
sail Board of lnquiry-"No
Whitawssh,' He Says.

Whether TO appeal to President Taft
from the adverse decision of the in
qUiry board at Annapolis. or 20 the
Attorney General. and ask that a Fed
eral grand jury be impaneled TO weigh
the evidence offered in the Sutton in
quiry. or whether TO ask Congress for
an investigation. aFs the three courses
open 10 Mrs. James n. Sutton and her
attorneys today.
One thing is certain. Mrs Sutton Is
IN no mood 70 abide by the present de-
eision, which practically calls her boy
q suicide. Sae viii continue her ef-
forts TO clear the name OF her dead
son from the stigma OF suicide
II Is regarded as reasonably. certain
that the Attorney General viii be asked
10 impanel a Federal grand jury 10 hear
the evidence in the Sutton inquiry, and
fix the blame for Sutton's death. The
affair occurred I'm Federal territory. and
the Attorney General would have fun
jurisdiction in this.
Mrs Sutton's attorneys feel that the
decision OF such a jury, assisted by
Federal attorney. who knows how 10
weigh evidence. would be much more
nearly correct than that of three naval
officers who are not lawyers.
Bill In Senate.
Il has been understood for some time
that Senator Jonathan Bourne. jr., Of
Oregon has agreed to introduce a bill in
the Senate for the purpose Of clearing
the record II young Sutton. but this
is not the kind Of vindication the
mother wants. Mrs. Sutton believes ner
son was innocent Of suicide. and wants
his name cleared on the evidence or not
at all.
senator Bourne might ask for an in
vestigation committee such as frequent
~ have been appointed TO investigate
hazing in the war and naval academies
and this committee Taight make recon-
mendations 70 the naval department or
70 the Attorney General as 10 the fur
Their prosecution in the case. But. at
the present time. II does not seem prob
able that Congress viii be appealed To-
Attorneys T. ". and II. ". Van
DYKE declared today that they would
not join Henry i. Davis in any vitriolic
statement denouncing the board Of in
auiry.
No "Whitewash."
The board was entirely fair and very
courteous" said e u. VanDyke. It
believe they decided the case wrong. but
also believe they gave their decision
conscientiously. They were not lawyers,
and they were not able TO weigh the
evidence as it should have been weighed.
I do not believe they were biased by rea-
son OF the participating Of their brother
officers in il. I 90 not believe there
was any attempt at a 'whitewash' by
this board Of inquiry. They simply be-
heEed the wrong witnesses instead OF
giving proper weight 10 the circum-
stantial evidence which we presented 10
show that Sutton could not have killed
himself"
Both Of the Attorneys VanDyke laugh
at the idea that Mrs. Sutton viii ston
with this decision.
she Is the most determined woman
/ have ever met. said +. W. VanDyke
She viii keep up the fight. and I firmly
believe she viii win. She is right and
ought 10 win, and i believe that II de-
termination and grit can carry such a
thing 20 successful determination it
viii with her.
Mrs. Parker intends To return to her
home within a day or two, but Mrs.
Sutton will remain in Washington until
she and her attorneys decide upon the
proper course TO pursue in the future