Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-17
SUTTON CASE INQUIRY
Findings Of Court to Be Made
Public Tomorrow.
DECISION REACHED TODAY
Records Delivered to Assistant Sec.
rotary Winthrop.
FORECASTS OF THE VERDICT
Belief That Defendants Will Be Alb
solved-Manner of Sutton's
Death Alone Doubtful.
FORECASTS OF THE VERDICT

States Marine Corps it was decided that
the findings of the court of inquiry in
the Sutton case will be made public to-
morrow morning
Maj. Leonard. who performed the
duties Of judge advocate in the inquiry
came to Washington with the findings
of the court last night and presented
them to Assistant Secretary Winthrop
this morning. The judge advocate gen.
eral was Immediately sent for and the
three went over the papers together.
They were in conference about an hour.
after which Capt. Campbell took the pa
pers to his Office to prepare the depart
ment's findings. They will be submitted
to Mr.. Winthrop for final review. and
there is authority for the statement that
Mr. Winthrop's decision will be made
public Immediately.
The widespread interest that has been
manifested in the Sutton inquiry is caus-
ing the department to act promptly. AS
a general rule there would be no hurry
about the disposition of such a case. 1t
would lie on the Secretary's desk until he
got around to it. which would be matter
OF ten days or two weeks. But the Sutton
case is different. Not only are the men,
bers of every branch Of the military serv-
Ice deeply interested, but thousands of per-
sons, who, as a general proposition, know
Navy or the Marine Corps. and care less.
have followed the Sutton case closely and
are anxious to know the verdict.
Satisfied With Conclusions.
Another reason for the prompt hand
ling of the case at the Navy Depart
ment, generally accepted in naval cir
cles. is that Acting Secretary Winthrop
and Judge Advocate General Campbell
ar anti fcGA
sions reached by the court, and are
fully prepared to approve them. Other
wise it might have been found eXpe-
dent to send the case back to the court
for further elaboration. or to allow
the officials of the depa rtment more
time to determine their course of
action. In other words. very little time
was needed to adopt the conclusions of
the court. but if a contrary course of
action were required it would be nee
essary to devote considerable time and
attention to the matter.
AS matter of fact. the Navy Depart
ment could have announced its action to-
day but for the desire to have the judge
advocate general go through the record
again and see that all the proceedings of
the court were regular. Although not ad-
mitted. it is intimated that 1t was deemed
prudent also to advise President Taft of
the result Of the investigation before MAX
ing 1t public.
Judge Advocate General Campbell said
this morning that the records Of the SUIT
ton case are very voluminous and that 1t
will take him all day to go through them
with the care that is essential. He ex-
planned that all the officers of the court
of inquiry are sworn to secrecy regard
ing their findings. and that the result or
the investigation cannot be known until
it is officially announced by the acting
secretary.
Careful Revision Enjoined.
Mr.. Winthrop, who is acting secretary.
instructed Capt. Campbell to go over every
detail today and have his recommended
lions on his (Mr. Winthrop's) desk early
tomorrow morning. To this end the judge
advocate general has put everything else
aside, and is devoting his entire attention
today to the Sutton case.
Mai. Leonard, whose work during the
inquiry was one of the features OF the
sessions of the court wanted the case
disposed of today. He had nothing to
do with the preparation of the findings
by the court having asked to be ex-
cused from the performance of judge
advocates usual duties in that part of
the courts work on the ground that he
did not wish to place himself or the
court i'm a position to draw criticism.
After he had signed the findings and pre-
sented them in person to the acting sec
rotary his work was done, and he was
anxious to return Immediately to his
regular assignment at Provincetown,
Mass. AS it is he will have to wait until
tomorrow.
While there has been no leak from the
court of inquiry or from the department
there is no doubt in the minds OF those
who have followed the case closely and
who understand the functions of a court
of inquiry and military law In general
as to the nature of the verdict.
No Courts-Martial to Follow.
Having in mind the principles OF mill
tary law, men high up in the naval serv-
ice who have had nothing 10 do with the
case express the firm opinion that no
courts martial will follow the findings OF
the court. What dereliction of duty was
shown by anybody involved in the case
was not serious. and is easily onset by
the fact that at the time OF Sutton IS death
he and the young officers involved In the
affair were students at the marine school
Of application. Most of them had been
i'm the service but few months.
AS to the finding of the court with re-
spect OF the manner in which Sutton died,
what was in Sutton's mind at the time
he fired the shot that killed him. The
verdict may be one of accidental death,
and many think that is what it will be-
but after that those who discuss the affair
begin to split hairs
One view is that the court will say that
Sutton died as the result of an accident.
the accident being due to his failure in
an attempt to shoot one of his compan-
IONS The other view is that the findings
of the first court of inquiry, which were
that Sutton committed suicide, will be up
held. In the one case Sutton might be
considered to be found guilty of murder,
since IL a man shoots at one PERSON with
murderous intent and kills another by ac-
cident he is held to be a murderer. and
Sutton, under such a verdict. would. In
reality be found guilty of numbering HIM
self.
Results Of Inquiry.
That blame for the accident will be fast
ened upon any of the defendant parties to
the inquiry, Lieuts. z. S. Willing. w. F.
Bevan, r. +. Adams. Edwin Ostermann
and Howard H. Utley and Sergt. James
De Hart, nobody at the Navy Department
possible.
An effect of the inquiry, exclusive of pos
sible congressional Investigations. which
Mrs. Sutton will petition for if the verdict
is not what she thinks it should be, and
libel suits or demands for court-inarti
by the defendant parties, will probably be
a Tightening up of the affairs in the Ma
rine Corps.
Another feature of the situation that is
being discussed by marine officers is the
Of putting newly commits
stoned officers Of the corps on probation
For a year after they enter the service. No
man coming from civil life, without any
previous military training. can possibly
absorb enough knowledge of military reg
ulations to properly perform his duties in