Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-10
Birney Declares Mrs. Sutton
Proves No Murder Was Done

The following statement Of the defend
ants side Of the Sutton case is made by
Attorney A. Birney, representing Lieut..
George E. Adams, before the Sutton in
quiry at Annapolis.
THE admissions of Mrs. Sutton while
on the witness stand that she is, and al
ways has been. without any evidence to
sustain her charges, and that they origi-
mated in a preternatural vision, should
dispel the last lingering suspicion in the
public mind that Lieut.. Suttons death
was caused by his brother officers, or that
blame for it should attach to them.
However, the public mind has been so
poisoned against these young officers, and
the Importance of corrected public opin-
Ion is to them SO great, that l venture
to issue this statement of what has been
proved in this case, promising it by say
ing that not only has nothing discredit-
able to these young men, either as Off
GERS or as gentlemen, been SHOWN, but
the most careful scrutiny of the evidence
will show them completely exonerated.
Contradictions Evidence of Truth.
There are. of course, inconsistencies in
the testimony of witnesses. some exasper-
ating failures to remember and there are
contradictions upon minor points. but ev-
cry lawyer knows that such inconsistent
cies only prove that the witnesses have not
colluded, expects to find them in every
case. and accepts them as proofs of truth
fulnesS. Absolute agreement is in itself
evidence of a made-up story. Men see
things in different ways, and memory
plays strange tricks when nearly two
years have passed.
ITO emphasize my statement that the
evidence completely exonerates all but the
dead man from wrongdoing at the time of
his death. let me briefly review the lead
ing incidents of the occasion as COM
pletely proved:
"First-It is established beyond cavil
that none of the officers who have APP
peared was intoxicated No man has said
or insinuated to the contrary during the
hearing.
''second-The party LETT Car,el Hall on
friendly terms No cause for quarrel arose
until the automobile conveying IieutS.
Utley. Adams. Ostermann and Sutton
reached the dump near the officers
camp. The cause was given by Mr. SUIT
ton who applied an opprobrious name to
Mr.. Adams without provocation and pro-
posed to fight him.
Evidence of Kennedy Attacked.
"Third-At this point there was fight
ing. Not a blow was struck. Private
Kennedy has testified to fight lasting
more than five minutes between Adams
and Sutton, witnessed by Lieuts. Utley and
Ostermann and the chauffeur; but this
is fatty and unqualitiedly denied by Mr..
Utley, Mr.. OStermann, Mr.. Adams and the
chauffeur. Is Private Kennedy right and
the others all wrong? But even Private
Kennedy does not say there was anything
unfair in the fight or that harm came of
it. Suppose il TO have taken place-what
of it?
''Fourth-After Mr.. Utley and Mr.. Os-
termann interfered TO prevent the fight
the party walked up the road toward camp.
Adams in front, Ostermann behind en-
deaVoring to reason Sutton into good be-
havior. Failing, and Disguised with him,
Ostermann told Sutton he was "a d
fool and turned from him. Sutton re-
sponded with d foul epithet and struck
Ostermann, who then turned and thrashed
him Sutton was knocked down, and
while on the ground refused either to get
up or TO say he had enough Presently
he sprang up. threatened all three with
death before daylight and rushed to camp
for his weapons Will any just man say
that to this time there is anything of
which Mr.. Adams or Mr.. Ostermann need
be ashamed?
Sutton Intent on Murder.
"Fifth-Mr. Sutton. after procuring his
pistols. rushed out to Kill the man who
had fairly whipped him. He was ordered
under arrest by Lieut.. Bevan. refused to
submit to arrest. refused the entreaties
OF his friend, Lieut. Rocker, to stay in