Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-05

have known as much about the incl
dents of Sutton's death as any one. HIS
story seems likely. therefore. TO De IN
teresting and enlightening. If he chose
to waive his privilege as an accused ana
TO speak freely Of the affair.
Attitude of Defendants.
The positions of the six defendants
as they sat before the court today may
have been an indication of their reia-
tions with each other. At any rate II
was an odd grouping.
Adams, alone, sat beside Mr.. Birney
and in front of the rest by the INQUIRY
table. The others were ranged benlnu
on the front row of benches. They were
eloquently strung out.
Willing. Bevan and Osterman SAT
close together. They whispered to-
gether necessarily while the minutes VI
the previous session were being reao.
Utley sat at arms length away from
them There would have been room ior
two men to sit down in the intervening
space. 1t looked as if there was s,iai
intimacy between Ctley and MS ieiio"-
defendants.
Once Osterman. his nearest neishooI.
leaned over and whispered few WORDS
to Utley. But Utley at no unle re-
turned the attention.
Between Utley and De Hart. the non
commissioned officer among the derend-
ants. was q wide space. too. but no
wider than that which separateu Juicy
from his companions.
AS Utley Is putting up at the same
boarding house in this city with Aaans
and Osterman, and is supposed 10 ne on
intimate terms with them. his aioo1ness
in the courtroom caused great deal
of surprise and comment among the
courtroom observers
Utley Consents to Testify.
Lieut.. Utlev was on the slate as the
first witness to be taken up on resum-
ing of the trial When the lengthy
reading of the previous minutes was
terminated. Maj. Leonard arose. and,
speaking to the court. said:
.1n view of the recent changes that
have taken place in the concluding or
this inquiry, l think that the examina-
ton Of Mrs. Sutton. begun at the last
session, should be suspended and that
Lieut. Utley should be placed on the
stand
Utley was called.
do YOU" asked the court. desire to
testify or not to testify
Il have no objection to testifying. said
Jtley. i'm a low, somewhat timid voice.
He was then sworn in by Commander
Hood and took the witness stand. After
giving his name and station in the serv-
ice, he was asked about the events OF
the evening of October IL. 1907.
II was at a hop at the academy
What did you have to drink there?'
Lemonade 1t was a midshipman's
hop"
''Why did that imply lemonace?'
Nothing Stronger Than Lemonade.
"Nothing stronger was admitted there
"Where did you go afterward?
ITO Carvel Hall. with Lieut.. Sumner.
"What did you do there?"
1--WE Joined a party of officers In
basement room. There were myself and
Sumner and Potts and Osterman and
Adams"
Did you have something to drink?
Eyes, we ordered twelve bottle or peer.
7 don't think they were all drunk up; In
fact, I am sure some was left. We or
dered the dozen because 1t was nearly
midnight and the bar was about to close.
did you see Sutton while there!
Yes. he came in with bottle OF WINS
How do you know 1t was whisky
ut said SO on the label. He unpacked
the bottle and asked US to drink. l told
him / was drinking beer and did not want
any whisky. Nobody took any"
Trouble in Automobile.
How did you go home?'
There were two autos outside. Potts
and Sumner got into one. Potts had hurt
his leg and wanted plenty of room. The
rest Of US got into the other car"
was there any difficulty on the way to
camp"
Sutton just as we were discussing Whetn-
err to get out and walk UP from the en-
trance to camp beyond College Creek
bridge.
some one said, Well settle it right
at dove Lpou, which NJ them ii WAS
adams and Sutton got out and took OF
their jackets to get ready to fight
Lieut.. Utley then told his story OF the
killing of Sutton. His version agreed
witnesses. but differed in important
points, especially from that of Adams
and Sergt. De Hart.
Were there any others around-any
sentry?''
Not then After sending the autos
away. l saw a member of the guard and
ordered him to go across the bridge and
keep the chauffeurs from coming back
to see the fight
Fight With ostermann.
Instead of fighting Adams" said Ut
lev. Sutton got into trouble with Oster-
man. Osterman called him name and
Sutton hit Osterman in the back of the
head. Then / ran in between them to
prevent his killing Osterman until Oster-
man could defend himself.
.'They fought. and Osterman knocked
Sutton down, or threw him down II was
ALI one way Osterman had the best OF
it from the start to the finish.
Sutton had his legs around Osterman
to keep him from getting up, and we
pulled Osterman to his feet. He knocked
Sutton down again. and more than once,
until Sutton refused to get up again.
He refused to say that he had had
enough, either We left him there.
'He threatened to shoot US all. and
ordered him under arrest.
II went back to camp to prepare them
up there for trouble. l did not speak
to the officer of the guard. l had not
time. But 1 notified the officer of the
day Of what l had done.
"As 7 went to camp l saw Rocker
and Sutton standing by Sutton's tent.
sutton was covering Rocker with two
revolvers.
"Bevan came up just then. He ordered
Sutton back into his tent. But sutton
turned toward the place where the nght
had been l followed him.
.'E.yentuallv / came on him about the
same time that Sergt De Hart did. When
we got within fifteen feet of him he
covered us and / saw that he had two
guns Just then Rocker arrived on the
scene. too.
De Hart Had Been Drinking.
DE Hart had been drinking, l judged
by his language. He talked to Sutton
and tried to make Sutton give up the
guns to him.
One of them was Adams. Sutton started
up the road and called TO Adams to look
out.
sutton found himself between Adams