Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-30
Never Aimed to Fasten SUIT.
toms Death on Any Man.
FIVE FINDINGS IN MIND
Labored as Aid to Judge Advocate
in Getting at Facts.
DID NOT ACT AS PROSECUTOR
Must Be Shown He Is Wrong in OBJ
jections to Ruling Of Court
of Inquiry.

Until next Monday attorneys for Mrs
! Rosa B. Sutton will maintain silence re-
gardns the decision of the Navy De-
partment denying Attorney Henry E.
Davis protest against the ruling Of the
court of inquiry which makes Mrs. SUIT
ton the complainant in the case
| The Navy Departments answer to Mr..
Davis communication had not been re-
ceived by him at late hour this after
noon. AS Mr.. Davis leaves the city this
evening to be absent until Monday, the
matter will hold over until his return.
| In discussing the situation today Mr.
Davis said he could not decide upon his
| future course until he received and con-
| sidered this answer. He reiterated his
original statement that he at no time
had assumed the position Of prosecutor.
and declared emphatically that. in his
opinion. Mrs. Sutton SHOULD not be made
complainant
Conceived of Five Verdicts.
| He says he went into the case to assist
the judge advocate in finding the truth,
and names five possible results of the In
quiry as contemplated by him.
Mrs. Sutton's complaint says Mr.
Davis. was that her son had been de-
clared suicide by an inquest whose pro-
ceedinss were SO hasty and imperfect as
to call for further investigation through
| the medium of new inquiry
| when / undertook to represent Mrs.
| Sutton and ascertain the facts, as far
| as they were ascertainable from the rec
| ords. l had before me the possibility of
any one Of five findings by the court. as
| follows:
| Suicide:
| Accidental death from self-inficted
wound in the effort to shoot another:
| Accidental death through the warding
| off of weapon aimed by Sutton at an
other. with the result Of it's shot taking
| effect upon himself:
| Death from the deliberate turning by
one aimed at by Sutton Of a weapon
| in Sutton's hand, so that its shot might
| the one aimed at: and
Death occasioned by weapon held in
the hand of another than Sutton.
Sought Only to Reveal Truth.
| And I considered my function In the
proceeding to be to aid the judge advo-
cate and the court in developing all the
facts SO as to arrive at the truth. hit
/ whom it might. This was conspicuously
evidenced by my causing the examination
| of Kennedy, whom | had never seen, and
| who, when he took the stand. might. Sc
| far as / knew. either have disclaimed any
| knowledge of the affair or actually estab-
| lshed the fact of suicide.
1.-The turn in the case given by the &C
| ton of the judge advocate and the court
as must be manifest to all. seemed at the
moment-and until i shall have heard
| from the Navy Department it will to me
continue to Seem-tO put upon me the re-
sponsibility of eliminating the first three.
| If not also the fourth. of the different
4 ell IF ohovo indicate
and concentrating myself upon the enort
| to show that Sutton came to his death IN
| the last one of the last two manners.
| 81 may be mistaken in this. But it WI
| require some explanation to satisfy me
on that point
| Beyond this I can consent for the
present to say nothing. except TO call at
tention again to the anomalous position
Lieut. I-tley. The judge advocate de-
clares that he delayed the production Of
Mrs Sutton's letter in order that the
participants in the affair called as wit
nesses to testify might escape the impu-
tation of doing so under the bias insep-
under anRccusation.
| Position of Utley.
See where this puts Utley, He will. II
called as a witness, OF necessity incur
the very imputation from which the judge
advocate so seduiousy saved Utley's now
co-defendants. And again, according to
the navy regulations. Utley. being an ac-
cused, cannot be compelled to testify at
all, as the naval regulations provide that
one in his present position of an accused
shall be allowed if he desires. to
! testify in his own behalf, but he may de-
cline to answer any questions which may
| tend to criminate himself.
| 1T may be that the course of the judge
4 Il, 1l.,,,l tod n mr.
certain ascertainment of the truth than
was the course followed down to the time
| of his action. But | confess great con-
| fusion of mind on that point"
Answer Carefully Drafted.
Acting Secretary Winthrop is evidently
| having some trouble in the preparation of
| hs answer to Attorney Davis. He was In
| conference with Judge Advocate General
| De Campbell for several hours today.
About o'clock this afternoon he an
| nounced that the departments letter had
been practically agreed on, but required
| some slight changes. The probability Is
| that the letter will be sent to Mr. Davis
| later in the afternoon. and in that event
| may be given out tomorrow morning.
1t is known that the functions of the
| court of inquiry OF which Commander
Hood is present. are not to be changed
| 1t has none of the powers of court
| martial and will not try any of the OFF,
| GERS involved for any offense that may
be developed 1t will confine itself to
| an investigation of all the circumstances
| attending the death Of Lieut. Sutton.
| The attorneys of Mrs. Sutton will be ex-
| pected to submit any and all evidence in
their possession throwing light on that
point. The investigation will proceed
out that Lieut.. Utley's status at present
is exactly the same as that of Lieut. Ad-