Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-13
you'd be evidenced by the flush on his

would be evidenced by the flush on his
cheek
Onta in a while he would smile. This
was when il occurred to him that Mr..
Davis was laying too much stress on
certain points that service men consider
immaterial.
The greatest emotion was shown by
Mrs. Sutton. The rosy-checked mother
of the dead lieutenant was not unpre-
pared for what was coming, but AT no
time during the inquiry have her most
careful efforts enabled her to control her
self when her dead sons letters to her or
other me mbers Of his family were read
Mrs. Sutton Shows Emotion.
At the very outset today Mr.. Davis in
troduced again James N. Sutton's letter
to his younger brother. Don. This letter
was written shortly before Sutton died
and was full of brotherly love and warn
ing. In that letter, said Mr.. Davis, the
keynote OF James n. Sutton's nature was
struck. In it Sutton gave his brother
sound advice as to the practice of high
principles.
When Mr. Davis read IT. Mrs. Sutton's
face dropped into her upturned hands.
Her whole frame shook with silent sobs.
Nor was she able to again. control herself
until the attorney had completed his pic
ture of the happy condition of Sutton
mind during the period Immediately pre-
analysis of the testimony.
Mrs. Parker sat on Mr.. Davis left
throughout his speech. At the reading of
the letter from brother to brother her
eyes filled up, but she was able to con-
troll her emotions more easily than was
her mother.
Dramatic Moment Occurs.
srhe most dramatic moment of Mr..
Davis summing up came when he accused
DE Hart of perjury.
THAT Sergt. De Hart has told the
truth before this court nobody can pre-
tend. said Mr.. Davis.
Pointing to De Hart, he continued:
1T must be apparent to every one that
that non-commissioned marine officer sit
ting there has committed fragrant perjury.
l."
At these words Commander Hood raised
his hand menacingly. His face was Grim
son with indignation.
That he said
And then his associate Judge Maj. Ne
vile, touched his arm. The members of
the court held whispered consultation
as to whether Mr.. Davis should be al
lowed to go on. Mr.. Davis stood silent.
Finally decision was reached. Com
mander Hood. who had evidently been
dissuaded by the other two officers from
interference. addressed Mr.. Davis.
4 seem to have transgressed upon the
proprieties, said Mr.. Davis, land with
out waiting for the ACCOMPLISHMENT of the
court. / will say that l think Sergt. De
Harris statements on the stand here are
impossible of explanation
Through all this De Hart sat rigid. He
looked squarely at Davis. but only keen
glitter in his blue-gray eyes showed his
interest. His face was immobile.
Impossibility of Suicide.
At the conclusion of his address Mr..
Davis presented a close argument against
the possibility of the suicide theory and
q striking argument against the theory of
accidental death.
To get a finding of suicide. Mr.. Davis
said, four or perhaps five conditions pre-
cedent would have to be shown. First
that Sutton heard the cry, My God, he
has killed Rocker: second, that he had
needed 1t: third. that he believed it, and
fourth, that ne had acted upon it.
The fifth element. he argued, involved
the question of Sutton's ability to shoot
himself from the position he occupied.
To do this Mr.. Davis said, he must pull
the trigger with his index finger or with
his thumb assuming the revolver to be
held I'm natural position. or he must
turn the revolver SO that the guard was
uppermost.
Eliminating the idea that he could
fire 1t from a natural position with his
finger, owing to the eramped position his
hand would have been in. he must either
have shifted the revolver so that his
thumb was on the trigger. or have turned
1t upside down.
To argue that this occurred, said Mr.
Davis. was to argue a mental process of
Sutton's mind at the time. and that was
impossible.
Accident Theory Dismissed.
His argument that the accidental
theory was impossible was based on
the view he took of the evidence which.
he said. showed conclusively to his
mind that Sutton was trying to avoid
the other officers and that he armed
himself for purposes of self defense
entirely, and that, If he fired the final
shot. II was fired in self-defense against
the attacks of his companions.
At the conclusion of Mr.. Davis speech
every man, woman and child in the
courtroom was leaning toward him and
hanging on his every word. During his
concluding passages there came upon
the ears of those in the courtroom the
booming of the Naval Academy guns
firing salute of welcome to the Ital-
ian cruiser Etruria it steamed up
the Severn, but they were unheeded
That Mr. Davis made a strong pre-
sentation of the case is conceded by even
the defendant ofhcers. Naturally. they do
not agree with his conclusions They
think his weighing of the evidence in
many points wholly unjustified by the ev-
idence.
But for the intellectual and oratorical
powers of the Washington attorney they
have nothing but words of highest praise
At the beginning of the afternoon SEES
sion Mr.. Birney- began his argument for
the defense He was followed by the
judge advocate. who found himself in
ments made by. Mr.. Davis in the course
of his argument