Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-15
Work of Preparing It to Be Begun
Tomorrow.
FINDING NAY NOT END CASE
Belief That It Will Be Carried
Farther, No Matter What the
Verdict May Be.

VIII begin the work OF preparing It's md
ings Monday morning, and by Wednesday
or Thursday its report will be in the
hands Of the Secretary OF the Navy. 1t
is thought that the findings of the court
will be reviewed by Assistant Secretary
Winthrop as promptly as possible and
that there will be no delay in tho an
nouncement of his decision.
The verdict Of the court with regard to
the manner in which Sutton came to his
death, 1t is being predicted tonight will
exonerate from all blame the defendant
parties to the inquiry. These defendants
are Lieuts. Robert f. Adams, Howard II.
Utley, Edwin Osterman, William f.
Bevan and Edward s. Willing and Ser
geant James De Hart, all Of the United
States Marine Corps.
AS to the actual killing, the chances are
believed by those who have studied the
case to favor finding that Sutton came
to his death as the result of wound from
a .3S-caliber Colt service revolver. held
in his hand at the time 1t was fired and
untouched, at that time, by the hand of
another.
The court, 1t is asserted by some. may
even go SO far as to commend some of
the young ofiicers who were present at
the death Of James N. Sutton, jr., on the
night Of October 1918, 1907, for their eff
forts to overpower Sutton when he was
using revolvers in camp after he had
broken arrest.
May Not Be Satisfied.
Mrs. Sutton has declared that she
would not be satisfied with verdict of
accidental death. Neither will the
defendant parties, unless. such finding
of the court is coupled with complete
exoneration of the defendants. But it
is predicted that the court will not quib-
BILE when 1t comes to statement of Its
findings. There will be no room for
doubt OF its meaning, nor will diplomacy
figure in its statement OF its view OF
the case.
At one time 1t looked as though Mrs.
Sutton would be content with a finding
of accidental death. She had frequently
declared her principal reason for de-
manding a reopening of the case to be
the desire to free her sons name OF the
stigma OF suicide in order that he might
be buried in consecrated ground. But
after the summing up by the attorneys
yesterday she expressed herself firmly
upon that point, declaring that finding
of murder or manslaughter, and moth
ing less. would satisfy her.
And IL both sides continue to feel as
they do at present 1t is doubtful II the
agitation of this famous case will end
with the verdict of the court OF inquiry.
Should the final announcement from the
Navy Department not meet with Mrs
Suttons approval, she will, unless she
changes her mind. make an effort. either
to get the case into the federal courts or
obtain an investigation by Congress.
Several Possible Developments.
On the other hand, there are several
possible developments IL the finding of
the court goes against the defendant Of
ficers Lieut. Adams. the man who,
4Y.a a4lxo y,I,
in the position OF defendant by Mrs.
Sutton. wants the case finished If he is
not exonerated, he will demand a court
martial.
The court of inquiry is not a court of
trial. 1t is purely an Investigating body.
coming nearer in its functions to a grand
Jury under the system of civil law than
anything else. It's findings must be
based on the evidence presented before 1t.
It's rules OF evidence are extremely elastic.
The Secretary of the Navy orders the
members of the court to investigate, to
determine the facts and TO submit it's
recommendations on those facts. The
department reserves the right to approve
or disapprove the findings and the recon-
mendationS.
Thus, il the court should find that SUIT
ton came to his death by accident and
made no reference to the responsibility
or non-responsibility of the officers who
were with him, 1t will leave Adams under
what Adams does not want. He is deter
mined that his connection with the affair
shall be definitely determined by an off,
cial decision. This could be done by a
court-martial, whose decision would be
final If approved by the Navy Depart
ment.
In addition to Adams there are two
other officers who are awaiting the an
nouncement by the Navy Department of
its decision in the case before making
up their minds as to future action. They
are Lieuts. Willing and Bevan and their
relationship to the case is different from
that of the others. They did not appear
on the scene until after Sutton was lying
on the ground. where he was thrown. ac-
cording to the testimony. by Adams. Their
participation in the events that followed
was in the line Of their duty, Bevan being
officer Of the guard and Willing officer of
the day.
Neither man was off the reservation
that night. They had not attended the
hop at the Naval Academy. had not been
at Carvel Hall and knew nothing OF the
quarrel on the way to the camp and the
fight between Ostermann and Sutton until
oficially informed of il as officers on
duty. That they should have been placed
in the light of accused murderers or as
conSpirators or conceaiers of crime In
the circumstances has filled them both
with resentment.
Cost of Case About $50, 900.
The Sutton case has cost, SO far. about
SO 600 Mrs. Sutton says that since she
began working for a reopening OF it she
has spent about $1,000 Naval officers
here who are familiar with the cost of
such inquiries put the cost to the gov
eminent at about $4,000. The testimony
comprises about 100000 words, and from
the time the court met until it ended
counting in the weeks recess 10 await
the arrival OF Surgeon Cook and Lieut.
Jtley nearly month was consumed in
the taking of testimony.
Twenty-four witnesses In all We're
heard They came from all quarters of
the globe. Mrs. sutton and her daughter
Mrs Hugh A. Parker. came from Oregon.
Lieut. Ostermann was brought from
North China. Lieut.. Adams was ordered
back from the Philippines six months
ago in anticipation Of reopening of the
case Lieut.. Willing came from the
League Island navy yard. and Lieut..
Bevan from Old Point Comfort.
The two men that kept the court wait
ing week. Lieut.. Ttley and Surgeon
Cook. were at Smyrna when summoned.
Dr. Pickrell was busy fitting out a hos
pital ship at Charleston, s. L. Lieut..
Sumner and Private Kennedy came from
the navy yard at Norfolk Sergt. Todd
came from Boston. and Sergt. De Hart
was yanked of the rife team. OF which he
is the mainstay at Sea Girt.
Two of the members OF the court, Com
mander Hood, the president. and Lieut..
Jensen, are stationed at Annapolis. Maj.
Neville OF the Marine Corps is command
Washington. The judge advocate. Maj.
Henry Leonard, was called away from
what he terms the only good summer as
signment he ever had, at Provincetown.