New-York tribune., 1909-07-28
MRS. SUTTON ACCUsER
,1F MARINE OFFICERS
BECOME DEFENDANIS'
r,.ror,oIis Inquiry Suddenly Be
,ones Serious-Judge Ad0oodte
CHARGED nth Negligence.

.,,.noIis. July 27.-The government po'
- A the defensive to-day ana ilaue '
iteen sutton. Of Portland. Ore. complain
James -. .,c,,eer Of several Of the young
az - the marine corps in connection with
omoe'' = h.~ eon Lieutenant James n. SUIT
'n0 -. circumstances of which have been under
t'li -,o-ion bere for the last ten days before
=, naval board Of inquiry
oyern1ent's sudden change or atuIuue
-. suggestion Of the judge advocate mayor
,-5 making the proceedings of more Tor
..+,,re instead of the simple inquiry into
-. ..c,s as II had been up to to-day. came as
U -,-.se when Mrs. Sutton was called as
witness. -..-.-
s.,rrnrnept was taken after the points
- bssn botly argued by Henry F. Davis Mrs.
c-+.on,s counsel. and the court had overruled
-. obiections until Lieutenant Harold JtleE'
+s-ia1 witness. now stationed on the battle
Ior+b Carolina. has returned to this coun-
- The North Carolina is expected at Prov
t-.,,oz-, Mass about August &. and the in
f. nil Re resumed probably on August 10.
wrs Sutton was called a witness by the
=. adzoce+e her own counsel being unde-
s,s of nuttinz her on the stand at this time
-. vss asked 10 identify a letter which she
o,e IN the Secretary Of the Navy last Feb
sr, urging her petition for a reopening Of the
.,,,,jrv into her sons death. and in which she
.,n-sssed her belief that new evidence would
;. s55uced 10 show that Lieutenant Sutton was
tiu.d bv one of his brother officers instead of
committing suicide. as the former board Of in
eary decided
As soon as this letter was admitted in evil
ssnos Major Leonard requested the court to
Mare Nrs Sutton on the stand as complainant
sEsfnst Leutenants Adams, Bevan. Willing and
rorus ell Of whom were at the scene Of the
tragedy on the light Sutton was shot, Mr..
Davis insisted that Mrs. Sutton's sole object
vss TO clear her sons name of the stigma OF
suicide and not TO direct suspicion against any
particular person or persons.
DEFENDANT OFFICERS CALLED.
The court sustained the Judge advocates po-
sition and all the young officers named were
called into court and informed that they had
been made parties defendant TO the inquiry and
henceforth had the right 10 be present and
cross-examine witnesses. They all took seats
st the long inquiry table where Lieutenant
Adams and his counsel have sat throughout the
proceedings Because Lieutenant Utley was
also witness 10 the shooting and had the
right to be present defendant the court
vas adjourned by Commander John Hood, L.
sN. until Utley should return.
Mr. Davis said afterward that the only thing
which had prevented federal grand jury in
curry in the first instance was Mrs. Sutton's
desire 20 have the record Of the former board
Of inquiry changed.
When The board OF inquiry resumed its inves-
tgation to-day the largest crowd which has
1sen present since the inquiry began was in the
auditorium. There were three women TO each
ztn among the spectators. Commander Hood,
o=rc oF hat
there would be arguments by the lawyers and
Major Leonard. the Judge advocate, after all
ihe testimony was in, and that rebuttaI would
be allowed after the testimony OF Lieutenant
Utley and Surgeon Cook. the absent witnesses,
taken.
In response 20 a request by Mr.. Birney. Lieu
tenant Adams's counsel that counsel for Mrs.
Sutton stpulate more clearly in regard to his
final argument in the case. Mr. Davis said he
had entered the inquiry with an entirely open
mind and ne did not intend TO point the finger
Of suspicion against any one particular officer.
but ne would not hesitate in saving he might
ofer certain specific recommendations to the
court in regard TO persons concerned in the in
quiry in his summing up
Mrs Sutton. mother Of Lieutenant Sutton.
vas sworn witness.
Major Leonard the Judge advocate, read Mrs.
suttons letter IN the Navy Department asking
for reopening Of the investigation Of her sons
Death, in which she said she believed evidence
could be produced 10 show that her son did not
commit suicide but shot and killed by one
q the officers with him the night of his death,
sho that ne vas not guilty of the conduct i'm
puted TO him by the other officers of the marine
corps prior 10 his death
Major Leonard requested that Mrs. Sutton now
% considered a complainant in the case and not
mere party 10 the inquiry and that all the
o1oers Involved in the affair be allowed to be
present. In court and be represented 70 cross
canine Mrs Sutton or any witnesses produced
BY the suttons
ar Davis said his client was not directing
accusation against any one person, but that he
Nsco-ned representation by counsel Of any Of
os parties involved
ask this board to present authority for this
taooeh change Of the nature Of these proceed
1ss Mr. Davis requested
iong argument between Mr.. Davis and the
saose advocate ensued
NaeJor Leonard said he had, UP TO this point.
'eo making any one complainant party
iosnt to the inquiry, but that II thr-~ was
s oouot in the courts mind as TO the position
which the admission Of Mrs Sutton's letter in
osnce placed the officers concerned in the
ne would present further evidence 10 that
eject
u laws said he did not mean 10 appear to