Evening star., 1909-08-18

qufry, ana a1ter careluiy WeisHnhs all
the evidence, which, as might be ex-
pected after the lapse. of time, and In
view of the excitement under which the
principal witnesses were laboring at the
time of the occurrence of the matter un-
der inquiry, is peculiarly mixed ana con-
Trajectory i'm details. the court finds GER
tain facts standing out. clearly, distinctly
and beyond dispute or cavii. and does SO
report. Accordingly. at 10 pm. the
Judge advocate was called before the
court and directed to record, viz:
Facts.
First That a quarrel took place in
which filthy language, unbecoming an
officer and a gentleman. was used by
Second Lieut.. Sutton toward Second
Lieut. Adams in the presence of their
senior Lieut. Uuey. about am. October
IL. 1907, that Lieuts Utley and Oster-
mann intervened and prevented a fight.
Second. That because of this inter-
ference fight took place Immediately
afterward between Lieuts. Ostermann and
Sutton. in which Lieut.. Sutton was the
aggressor. calling Ostermann vile name
and striking Ostermann a blow from be-
hind
Third. That Lieut. Sutton was then
ordered under arrest by his senior of
fcer. Lieut.. Utley: failed to obey such
threatening to shoot all present and
armed himself with two .3S-caliber re-
volvers one Smith & Wesson CONNER
cial and one service Colt.
Fourth-That Lieut.. Sutton. having pos
es-ed himself of two revolvers. ran
amuck, threatening all who came in sight,
after first defying his senior officer, Lieut..
Utley, and the officer of the guard, Lieut..
Beyan, who had also ordered him under
arrest.
Fifth-That Lieuts. Utley and Rocker
and Sergt De Hart followed Lieut.. Sutton
from the camp after his breach of arrest
and came on him in the road leading from
the barracks to the Naval Academy
grounds, near the scene OF the previous
night, and Lieut.. Utley and Serst. De
Hart tried 10 persuade him, Sutton. to
disarm.
Sixth-That Lieut. Sutton broke away
on hearing persons approach from the di-
rection of the barracks and ran in that
direction. and while. being chased by
Lieuts. Utley and Rocker met Lieut..
Adams and opened fire on him: in the
general scrimmage that followed shot
Rocker in the breast and Adams in the
hand, and when finally overpowered and
thrown to the ground by Adams was kill
ed by revolver shot, from service Colt
revolver held in his own right hand, and
fired by himself, without the lntervention
Of any other hand.
Opinions.
First-That Lieut.. Ttley failed to do his
duty as senior officer present. under arti-
Gle a6, United States Navy regulations,
1909, in permitting Lieut.. Sutton to run
away and arm himself. instead Of calling
on those present for assistance and fol-
lowing Lieut. Sutton, preventing his arm
ing himself. by force if necessary, and
turning him over to the custody or the
officer of the day.
Second-That Lieut.. Bevan, officer of the
guard. failed in his duty as officer OF the
guard in not disarming Lieut.. Sutton by
force while in front of his (Sutton's) tent.
Third-That Lieut.. Willing. the officer
of the day. failed i'll his duty as omcer
of the. day in not Immediately assisting
by force in helping to disarm Lieut.. SUIT
ton when he arrived on the scene before
the fatal shot was fired.
Fourth--That no possible charge OF
criminality lies against any OF the par
ticipants in the fray except Lieut.. Sutton
himself, and that Lieut.. Sutton is directly
and solely responsible for his own death,
which was self-inflicted, either Intention
ally or in an effort 10 shoot one or the
persons restraining him., and his deatn
was not caused by any other injury what
. ever.
Fifth-That the charges of willful murder
and conspiracy to conceal it made by the
complainant, Mrs. Sutton, mother OF
Lieut.. Sutton, are purely imaginary and
unsupported by even a shadow of evil
dence, truth or reason.
Recommendations.
perience Of Lieuts Ctley. Willing and
Bevan at the time, and of the altogether
unusual conditiens of excitement threats
and danger during the aforementioned
fray, Il is recommended that no further
proceedings be taken. - t..
J.HOOD.
Commander. I. S. Navy. President.
= HENRY LEONARD, ~
Major. L. s. Marine Corps, Judge Ad-
vocate.
Commander Hoods Report.
Minority report of Commander John
Hood. U.S.N., president:
First-The undersigned concurs in the
above and in addition is Of opinion that
Lieuts. Utley, Adams, Ostermann, Willing
and Bevan showed a deplorable lack of
knowledge of their duties and obligations
as officers holding commissions in the
Marine Corps: and the testimony con-
cSrning the whole deplorable affair indi-
Gates state of discipline then existing
in the Marine School Of Application dis
creditable to the service, and argues
strongly against the practice of commits.
sioning and putting into positions of re-
sponsibility young men without proper
previous training.
Second-It is further the opinion of the
undersigned that Lieuts. Willing, Bevan
and Utley should have been brought to
trial at the time for neglect of duty. and
Lieuts. Adams and Ostermann should
have received milder punishments for en-
gaging in brawl unbecoming officers
ana gentlemen; and he concurs in the rec
ommendation that no further proceedings
be taken at this time, only because of
their youth and inexperience at that time
and because of their being, in a sense the
victims of a system for which they them
selves were not responsible.
j. HOOD, Comma nder.
: United States Navy.
President.
HENRY LEONARD, Major.
United States Marine Corps.
!. Judge Advocate.
The court having finished the inquiry, it
was ordered to stand adjourned at $40
pm. 10 await the action of the conven-
ing authority.
j. HOOD. Commander.
United States Navy,
President.
HENRY LEONARD. Major,
49,. United States Marine Corps.
Judge Advocate.
Findings Approved.
Navy Department.
Ofnee OF the Judge Advocate General
Washington. August Is, 1909
Respectfully submitted, with the rec
ommendation that the findings, opinions
and Recommendation Of the court of in
quiry be approved, and that the opinions
as expressed in the minority report also
be approved. Z. II. CAMPBELL,
Judge Advocate General.
Office of the Secretary,
Washington, August ls 1909.