The Washington herald., 1909-07-19

Annapolis. Md, July 1S.-Nearly all the
principles in the second inquiry into the
death OF Lieut.. James n. Sutton. Of the
United States Marine Corps. who was
shot on the grounds Of the Marine Bar
racks here on The night Of October y.
1907. and who was pronounced suicide
by the first court Of inquiry, arrived in
Annapolis tonight
The court OF inquiry will convene to-
morrow morning at 10 o'clock. and a
brief session behind closed doors for the
purpose OF organization will proceed di-
rectly with the inquiry. Fifteen wit
.nesses have been summoned already. and
It is probable that more will be called
before the court finally adjourns
Among the earliest arrivals this after
noon We're Lieut.. Adams and Osterman.
who were directly involved in the fight
which ended in Sutton's death. and their
attorney, Arthur f. Birney. They went
TO the Marine Barracks. where they will
have their quarters during the inquiry
In the evening Mrs Sutton. the mother
OF the lieutenant, and Mrs. Parker. his
sister. arrived at Carvel Hall. accom-
panied by Henry W. Van Dyke. Of the
firm OF Van Dyke & Van Dyke, and
Henry f. Davis, who VIII represent the
Sutton family in the Inquiry.
Owens Carries Trunk Upstairs.
BY a curious coincidence. Owens. the
chauffeur who drove Sutton and his
party from the hotel to the scene OF the
tight on the night ne was killed and who
is now working for an express company
here. carried her trunk 70 her room to-
night During dinner AZ the hotel Adams
and Osterman sat at a table near that
occupied by the Sutton party.
Other arrivals were Mai Henry Leon
ard. Of the Marine Corps. who IS judge
advocate Of the court, and Lieut.. S. F.
Willing. The members Of the court.
Commander John Hood L S. n. the
presiding officer; Maj. Wendell c. Neville.
L. S. NJ. G., and Lieut.. Henry y. Jenson.
L. S. ~, are all here awaiting the hour
for the court 70 meet.
Until to-day Il had been thought that
the proceedings would consume four days
at the most. but owing TO the fact that
two Of the most important witnesses.
Lieu. Uley and Surg. Cook, Of the Marine
Corps, were In the Mediterranean when
ordered home. it is probable that the
court will not adjourn finally until tosme
time during the first week Of August.
Lieut. Utley was detached from the
cruiser North Carolina, and is on HIS way
home on a mail steamer. Surg Cook is
still on the North Carolina. which is
hOmcward bound.
May Take n Recess.
If the witnesses are all examined before
they arrive, a recess viii be taken until
these two officers can be heard. It is the
opinion Of both Maj. Leonard and At
torney Davis that the present list of Wit
nesses can be run through in about
week at the longest
The investigation is 70 be conducted by
a regular court Of inquiry. which will
proceed on its initiative as though no
former court had ever sat upon the case.
The first court, which returned a verdict
Of suicide, will be ignored absolutely
The records of that court are in the
hands Of parties concerned in the second
investigation but il will be for buidance
cny.
''The court which will sit on the case"
said Mai. Leonard. is n three-cornered
affair. The government. which I repre-
sent, IS making an impartial inquiry. with
a view to getting every bit of evidence
on the case possible. It IS not prosecu-
ting anybody. so my functions differ
somewhat from those of a prosecuting
attorney in a court of law
The second party to the inquiry. the
members OF Lieut.. Sutton's family. are
IN the nature Of complainants. They will
be present because they have some evil
dence which they wish brought out, and
their attorneys will assist me in getting
at the truth.
Then the parties 20 the inquiry. Leuts.
Adams and Osterman. who were with
Sutton when he died and whose actions
upon that occasion are to be investigated.
are also TO be represented by counsel.
Sessions to BE Long.
Maj. Leonard will request the court to
sit from o'clock in the morning until 6
o'clock in the evening. with an hour for
luncheon. II this is done. It will upset
precedent, as It IS customary for such
courts to meet from 10 a. m to Il and
from until p m
Attorney Davis said:
1--WE want il plainly understood that we
arc not seeking to fasten the guilt of the
ceain Of Mr.. Sutton upon any individual.
We are profoundly convinced that SUIT
ton didn't commit suicide and this VIC
expect 10 show az the inquiry.
I'VE are appearing at court through tie
courtesy Of the Navy Department 10
throw light on the affair. We are not
criticising the court which made he
original inquiry anG ~e,: 7ed a verde; OF
SUICIDE. That court simply did not OK
tend It's inquiry as far as the sesynl
Inquiry will be extSa1ed."