Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-07


But the manner in which the judge
advocate is proceeding is so unusual.
protested Mr.. Davis. that / cannot un-
derstand his motive. If he had brought
me these letters. as he should have done
and conferred. we should then have been
enabled to determine the value OF the
statements and to have gone about Sc
curing such proof, If any was required
1t seems to me that it is the business OF
the government to have tried to secure
the proof.
Il object to the introduction of the
perhaps extrayagant statements OF
mother grieved by the killing of her son
] cannot understand why ne should de-
sire to wave those letters above the
grave of her dead son.
point and her daughter was making a
heroic struggle to keep back her tears
The attitude of the other women in the
room was not sympathetic. Amusement
rather was written on the faces of some
Of them.
The Judge advocate insisted upon the
right of the government to introduce Mrs.
Suttons letters and offered to submit
them TO the court for inspection ana con-
AS he was about TO pass
them along the long table to Commander
Hood, the president of the court, Lawyer
Birney. counsel for the defendant officers.
woke for the first time since the inquiry
began.
Defense Wants Letters Read.
There are other parties interested be-
sides the judge advocate and the legal
representative of Mrs. Sutton" he pro-
tested. land these should be considered.
Mrs Sutton has placed herself in the
attitude of accuser of several young men
of having committed a crime. She has
asked the Navy Department TO reopen the
case of her son, and in support Of her
request has submitted these charges. She
has asked for public hearing and the
department has granted it, on the strength
of these letters among other things.
In commoa justice to these officers
who are placed in the light of defendants
this hearing should be full and public
and every scrap of evidence should be
submitted and considered openly. there
fore demand. in behalf of these young
men. the production of not only these
letters. but of every other bit OF evidence
and the following of every clue the depart
ment, Mrs. Sutton or any other person
can offer"
Mr. Davis again questioned the regu-
larity Of the proceeding and fntimated
that the government was trying to manu-
facture favorable sentiment The judge
advocate came back with this retort:
THE hallowed grave of dead son is
no more sacred than the military repu-
tation of living officers. And there are
many such regulations at stake here"
BY the president of the court-The court
will take the letters and consider them in
private.
AS President Hood. Maj. Neville and
Lieut. Jensen retired with Judge Advocate
Leonard Mrs. Parker came around the
table to console her weeping mother.
When the court reconvened Commander
Hood announced the decision.
Court Will Admit Letters.
BY the president-The ruling of the
court is that the letters submitted to 1t
by the judge advocate shall be admitted
In evidence in closed session. at which
only the officers of the court, the attor-
neys and Judge advocate shall be present.
The court will stand adjourned until 10
D clock tomorrow morning.
Lieut.. Utley wound up his ordeal on
the stand by furnishing new definition
Of suicide.
BY Mr. Davis-If any one shoots at q
person and kills himself. is that suicide?
Lieut. Utley-Yes. sir. 1t Is self-in-
iicted death.
The examination Of Utley concluded
with some pointed questions asked by
both the judge advocate and the presi-
dent Of the court.
BY the Judge advocate-Would the fact
that testimony has been offered to show
hat the wound that killed Lieut.. Sutton
was on the right side OF his head help
you to remember whether he used his
right or his left hand?
Lieut.. Utley-No. sir.
The judge advocate-You mean to say
that you cannot tell which hand 1t was
you were gripping in trying to take the
out of his hand, whether 1t was
the right or left?
Lieut.. Utley-I cannot remember.
BY the president OF the court-N0w,
lieutenant. after you have refreshed your
and thought the whole matter
over. are you satisfied that Lieut.. Sutton
lid kill himself?
Lieut.. Utley-Yes. sir. I am positive.
BY president OF the court-Do you be-
ieve that he did SO with intent to commit
suicide?
Lieut.. Utley-Yes. sir, 1 do.
Surgeon Cook Testifles.
Surgeon Frank A. Cook U. 8. ". who
came from Italy to testify, was the last
If the government witnesses to take the
stand. He is a thick set young man Of
medium stature, clean shaver, with a
mole on his cheek, slow in speech, de-
iberate in manner. At times he paused
for nearly a minute before replying to
the questions asked him.
He said he had been called from the
marine hospital, where he was on duty
The morning after the tragedy. to assist
IN the investigation and autopsy on the
body Of Lieut.. Sutton. In looking the
body over he had found a gunshot wound
about three and one-half inches above
the rigth ear and a little to the front
of the apex.
It was macerated wound undoubt-
eddy. inflicted by revolver bullet. The
course of this bullet had been down
ward and had caused death. There were
no other wounds on the body except g.
few bruises and Commissions on the face,
but no fractures or broken bones that
could have caused death.
He could not recall whether the re-
volver shot wound was scared or powder
burned, indicating the close proximity of
the weapon. The bullet had ploughed a
furrow for more than an inch on the
scalp before entering the brain.
When Mr.. Davis asked the surgeon to
indicate the position, in his opinion, a
PROSTATE man would have to hold the
revolver the officer instantly sent his
thumb to the trigger of the weapon hand
ed him. He whirled ii about with the
deftness Of an expert. pointing the muz-
zle at his own head. pressed the trigger.
and for more than a minute the court
room echoed the click, click, Click as
the chamber responded to his touch.
He showed that 1t would be impossible
for a man lying in the position of SUIT
ton described by the witnesses present at
the tragedy to have used his index finger
of his right hand in pulling the trigger
unless the hand holding 1t had been bent
backward and the natural position of the
berrel reversed. The thumb and second
finger. he said. could be used. but not the
index finger.
Could Have Been Self-Inhicted.
BY Mr. Davis-And that wound could
have been self-inflicted?
Surgeon Cook-It is possible.
Mr.. Davis-Could a man have fired
the bullet that killed Lieut.. Sutton into
his own head. If the revolver were held