Los Angeles herald., 1909-08-07
OBJECTION MADE TO READING
OF PERSONAL LETTERS
PROLONGED ARGUMENTS HEARD
CONCERNING MIssIVEs
Communications from Mother to Son
Will Be Read in Closed Court
to Interested Parties
and Counsel
lRv Assnciated Press.N

mother of Lieutenant Sutton of Port
land, Ore, whose death is being in
vestigated by the naval board of in
quiry here, was the signal for heated
controversy between the lawyers, which
ended in a prolonged Conferepce and
brought the days proceedings to an
abrupt end.
Judge Advocate Leonard offered for
Identification and to be read in evil
dence several letters which he said
Mrs Sutton had written containing Sc
rious charges against the officers of the
marine corps who appeared as defend
ants.
THE United States has been put to a
large expense in bringing witnesses
here from all parts of the world said
Major Leonard, and il becomes my
painful duty to offer these letters in
evidence in order to enlighten the court
as fully as possible on all matters per-
tanning to this inquiry"
Henry T.. Davis, counsel for Mrs.
Sutton. objected on the ground that
Mrs. Sutton was not present, and that
the letters in question were irrelevant
to the inquiry and of a personal and
incompetent nature as evidence.
1T is inconceivable that the judge
advocate should attempt to force Mrs.
Sutton into such position before this
board of inquiry" said Mr.. Davis.
"These letters are not offered to assist
this court in finding out how Lieut..
Sutton met his DEATH but that these
letters containing, perhaps, the eXtrav-
agant statements Of mother as the
result of the death of her son. should
be read before a curious world, is in
deed unique and cruel"
Says Position is Misconstrued
Major Leonard declared MI Davis
had misconstrued the judge advocates
rosition. and asked that the lawyers
remarks implying bad faith on his part
be stricken from the record.
"I would have Mr.. Davis remember"
he said that the hallowed grave of a
dead son is no gore sacred than the
reputation of a living officer, and there
are many such regulations at stake
here"
The Judge advocate said the court
had a right to inquire on what grounds
Mrs. Sutton had made the statement
in the letters.
Mr.. Birney. counsel for Lieutenant
Adams, protested that Mrs. sutton
had consistently tried to avoid this
position and urged that the letters be
read.
Later Commander Hood announced
that the letters would be read in closed
court tomorrow to the interested par
ties and their counsel.
Following the completion of Lieuten-
ant Utley's SS-eEa1nlnatlon, sur
geon T. E. Cook was a witness. he
testified that he performed the autopsy
on Sutton's body and declared from
the nature of the bullet wound, 1t would
have been difficult for him to shoot
himself, holding the revolver in the
ordinary manner He decided, how
ever. that it was his belief Sutton
committed suicide.
'You testified you woke up Col. Roy
en- that night and told him Sutton had
committed suicide, didn't you?' asked
MIR. Davis on cross-eXamination of
Lieutenant Utley.
"That is right" said the witness.
'What you meant was that you had
seen Sutton shoot himself either in
tentionally or accidentally, wasn't it,
asked Mr.. Davis.
Yes. sir, not necessarily one or the
other That was my understanding OF
suicide" replied Lieutenant Utley.
Lieutenant Utley could not recall
there were three men on top of sutton
at the time he was shot. Besides
himself there was one other man, whom
he did not recognize at the time, the
witness said.
Mother Is Recalled
Mre. James N. Sutton, mother of
Lieut.. Sutton, this afternoon was re-
called TO lllt W ltlltSS HLc1ltA e'N NAhN 40
vestieation of her sons death.
Judge Advocate Leonard submitted
certain letters to her for identification
which contained delicate and serious
charges against the defendants, he
said.
Lieut.. Harold H. Utley was recalled
at the opening of tOdays session.
Henry f. Davis counsel for Mrs. suit
ton, continued his cross examination.
Reading from the testimony of
Iieuts Wiling BeVan and Sergt. de
Hart. Davis brought out many things
which they testified Lieut.. Utley did
and said on the night Sutton was
shot, Of which the witness had no rec
objection.
oDid de Hart come to you after the
shooting and tell you someone had
handed him a revolver and he had
thrown it away as he testited?' asked
Davis.
'I do not remember any such con-
yersation," Lieut.. Utley replied.
'Didn't de Hart ask you the next
morning to tell him who had handed
him the revolver, and you said that
you did not know?'
"No. I do not recall any conversation
like that"
Utley could not remember that he had
seen de Hart at the scene of the shoot
ing as de Hart testified.
Gives Dramatic Testimony
Davis mad the witness stand up and
illustrated the motions he had as
sumed in the struggle with Sutton on
the ground just before Sutton was
shot.
Davis read from Utley's testimony
at the inquest following Sutton's s
death
"You said thep you saw someone
wrench a revolver from Sutton's hand,
heard someone say get the other gun
and in your effort to do so you went
toward Sutton's feet and then turned
and saw the flash, r-ow you say you
were kneeling on SuttOn's left shoul-
der and feeling under his chest for
his hand when you saw him raise his
arm and fire the shot that killed him.
Which is right?" asked Davis.
"As I recollect now, I was feeling
for the gun when the flash came" re-
piled Lieut.. Utley.
Referring to THE revolver which dis
appeared on the night of the shooting
and of which all the witnesses so far
have disclaimed any knowledge, Davis
asked the witness if he knew who had
taken IT.
Revolver Was Small One
Utley said he did not, and that the