The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-07-22
PROGRESS IS SLOW
IN SUTTON CASE
ONLY -Four Witnesses of Thir-
teen Have leStifed
WILLING TAKES STAND
Lieutenant, Who Was Officer of the
Day When Sutton Was Killed,
Tells of Incidents Connected
With the Tragic Event.

Annapolis, July H.-When the naval
board of inquiry which is investigating
the the death of Lieut.. James n. Sutton
of Portland Ore, finished its third days
session in the Naval academy auditorium
today only four witnesses out of the 10
summoned by the government had been
examined.
H w Van Dyke of Washington, of
counsel for Sutton's mother, said after
court that outside of Mrs Rose Sutton
Parker, sister of Lieutenant Sutton, there
probably would be no witnesses beyond
those on the government list which in
cludes number of subpoened at the re-
quest of defense.
Henry E. Davis, chief counsel for the
Suttons, had not much more than started
his cross-examination of Lieut.. Edward
S. Willing when the hearing was adj
journed for the day
In a few questions Mr.. Davis succeeded
in showing discrepancies in Vikings tes-
timony at this and former trials.
In essentials it differed little from that
of his brother officers
Willing. who was officer of the day at
the marine camp and was routed out by
Lieutenants Utley and Bevan when SUIT
ton was running wild in camp with two
reyolvers prior to the tragedy, as former
witnesses testified was the first man to
say that he reached the scene of the
tragedy in time to see Adams punching
Sutton Lieutenant Bevan testified that
he saw no blows exchanged.
Willing Testifies.
ination, described Sutton, either standing
or on his knees with Adams holding him
by the back of the neck with one hand
and punching him with the other. it was
1t was too much for Mrs. Parker, who
sat directly opposite the witness.
She smiled increduously at Willing and
turning to Mr.. Van Dyke, one of her
counsel said Indignantly: Imagine a
wild man. as they describe my brother to
have been, standing up with q revolver in
each hand and taking a punching like
that. 1t Is wholly incredible"
Judge Advocate Leonard asked Willing
today IL he thought the punching of SUIT
ton would have killed him or If the wit
ness had any way of knowing whether
Sutton was dead before the last shot was
fired.
1t was known that Mrs. Sutton i'm
pressed upon Major Leonard her belief
that her son was beaten to death and
afterwards shot.
The witness answered these ques-
tions in the negative. Willing testified
that he took the .3S-calibre revolver
from Sutton's right hand after the
shooting, but could not remember
what became of 1t.
It was supposed to have got into
the hands of Sergeant De Hart, who
threw it away. He will be witness
later.
Lieutenant Bevan created stir to.
day when he testified that six weeks
prior to the shooting Sutton had TOLD
him that life in the marine corpe hac
no attractions for him and that some
day he would shoot himself. Lieutenant
willing will be calledaon cross exa mi.
nation as the first witness tomorrow
Bevan's Testimony.
Major Leonard asked Lieutenant
Bevan why he had not personally re-
strained Sutton from leaving the CAM
with his two revolvers.
"Why 1 had no idea that he was go
ing to infiict an injury upon any one
1 only thought he would go down int,
the woods to crafty a fondness which
he had for fire arms the witness an
swered.
Major Leonard wanted to know 1