Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-07-27
CONTENTION OF
SUTTON'S PARENT
SUBSTANTIATED
TESTIMONY SHOWS LIEUTEN-
ANT DID NOT SEEK FIGHT
PRIVATE KENNEDY SPRINGS
SOME SURPRISES
Declares He Heard Fellow Officers
Dare Colleague to Encounter and
Short Time Afterward
He Heard Shot
A NNAPoLIs, Nd, July 26.-Today's

A NNAPOLIS, Nd, July 26.-Today's
"a session of the board of inquiry
A investigating the death of Lieut.
James N. sutton of the marine corps
afforded some surprise in the testimony
given by Charles w. Kennedy, now a
private in the marine corps at NortoIk
Va, and by Surgeon a. d. Mccormick
u. S. n.
Kennedy told a straightforward story
of some of the incidents prior to the
shooting. His testimony supported the
contention of Sutton's mother and Sis
ter that Sutton did not seek the fights
with Adams and the other officers.
In attacking his credtability, Judge
Advocate Leonard went into Kennedy s
record and showed he had been dis
ciplined on several occasions.
Kennedy said he had been reluctant
to mention his part in the affair, be-
cause Lieuts. Utley and Adams had
both admonished him to keep quiet.
On his way to relieve sentry at
o'clock on the morning of the shooting
he had come upon Sutton, Adams, Os-
terman and Utley in an angry argu-
ment, the witness said. Adams was in
his shirt sleeves ready for fight.
"All right, Adams, if you want tc
fight, I'll fight you" the witness tes-
titled he heard Sutton say. They
fought hard for few minutes and
Sutton's face was uloOdy, when Utley
stopped the fight
Saw Men Fight Second Time
He said he saw the two fight again
as he was going to his post. Half an
hour later Kennedy heard the shots
and soon after Adams appeared and
volunteered the information to Ken
1oaf ha, CHI IA Y,,e al 4
that Adams had had his finger shot off
Utley also told him that sutton had
killed himself the witness said.
Next morning they both cautioned
him to say nothing about the affair.
While at early drill next day, the
witness said, he saw Lieutenant Utley
&C to the edge of the parade grounds
and pick up d service revolver, which
Utley carried into the barracks with
him.
Kennedy's testimony was not shaken
on DISCRIMINATION
DR.. Mccormick was present at the
autopsy held on Sutton's body, and ex-
amined the bullet wound, he testified.
He located the wound back of and
slightly above the right ear.
DR.. PickeI testified it was near the
top of the head.
Several former witnesses denied that
any of them handed a revolver to Ser
geant de Hart on the night of the
shooting, as De Hart testified
Willing Is Recalled
Lieut.. Edward S. Willing of the ma
rines also was recalled and questioned
respecting the revolver incident. He.
like Osterman, denied having handed
the weapon to De Hart. He said he
heard afterWard that somebody had
given De Hart a revolver but that he
never heard who the officer was who
did so.
William owens, chauffeur, who drove
the officers to camp on the night of the
tragedy, was recalled and corrected his
testimony. He desired to say he had
never heard one of the officers call for
the sentry" instead of orderly" after
Sutton and his companions got out of
his car ION the dump" Young owens
said he thought orderly" and sentry
meant the same thing when he preVi-
ously testified.
owens said he knew Sutton and liked
him every well, because he always
gave him a good tip" while the other
men gave him nothing.
Edward Griffith, the other chauffeur,
was recalled and testified he heard the
cry, Sentry"
owens and Grifith's testimony did
not agree as to the relative locations
of their cars on the night in question.
.
Ger, probably will be called as a wit
ness. 1t is understood she will be able
to identify a written challenge and a
subsequent apology from one of SUIT
tons brother officers in the marine
corps, written but a short time before
Sutton's death.
Challenger Not Summoned
The young officer who challenged
Sutton to a duel has not yet been
subpoenaed as a witness, but ii is eX-
pected he viii be summoned as a result
of Mrs Suttons testimony. This, it is
claimed, would tend to show that
young Sutton was not of quarrel
some mind, and after receiving a chal-
lenge he persuaded the sender to eX-
change mutual apologies instead of
having any open trouble
At the opening of the inquiry today
Mr.. Davis, Mrs. SuttOn's counsel, sug-
gested to Commander Hood, presiding
member of the board, that as the wit
nesses on hand would not carry the
proceedings beyond the week an ad-
journment might be taken at the close
of today's session until next Monday,
when Surgeon F. c. Cook and Lieuten-
ant Harold H. Utley of the marine
corps, the two witnesses now abroad,
are expected to arrive here. The court
however, decided to continue the ses-
sions from day TO day.
Lieut.. Edward A. Osterman, marine
corps, was recalled and questioned by
Mr. Davis in regard to the revolver
which was passed to Sergeant de Hart
on the night of the fight when sutton
was killed, according to De Hart, who
swore, however that he did not know
who gave him the weapon.
Osterman said he did not see a re-
volver given to De Hart and did not
know who gave it to the sergeant.
But I have a recollection that some
one did hand him one of the revolt
NRrs % added the Witness