Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-27


enough that he was not actuated by Q de-
sire to shield or place the officers in an
| unfavorable light.
He told his story in a straightforward
manner. recounting the occurrence as he
remembered it. II ne was guilty Of falsi-
| flying and no reason could be assigned by
anyone why he should do SO, he had
rehearsed his story so we'll that the law
yers failed to find an opening for attack.
Utley Must Explain.
His cross-examination was unusually Sc
we're. the Judge advocate and Capt Birney
| of counsel for Adams, taking turns in
! firing questions. But the marine refused
to bulge an inch from the stand he had
taken.
While Adams suffered to some extent. it
was Lieut.. Utley who got the hardest
knocks. Unless kennedy's evidence is
refuted. Utley. like Bevans and Willing.
may be asked to explain his conduct be-
fore court-martial.
This officer will have much to answer
for when he appears before the board
Every witness has had something to tell
of his doings on the eventful night. and
he should know more about the affair
than any other one man.
Until Kennedy went on the stand no
one charged him with conduct subversive
of discipline. but seveal placed him in a
decidedly embarrassing position, so much
so, indeed. that all who heard the testi-
mony reached the conclusion that Ctley
was the goat"
Utley In Bad.
1t was Utley who rode in the automobile
with Sutton; it was Utley who was pres
ent when the fight began and who coun-
seled a postponement until morning: it
was Etley who, as senior officer. placed
Sutton under arrest; it was Ctley who
appraised the officer of the guard Of the
trouble; it was Utiey who held Sutton
down when he was shot: it was Utley who
informed the officer Of the day OF the
occurrence; 1t was Utley who found the
pistol De Hart had thrown away, ana
now it is Utley who informed Kennedy
that Sutton had been shot aud subse-
quently told him not to talk with any
one about the affair.
These are some of the more important
happenings in which Utley played lead
ing part. according to the evidence, but
his name has been also frequently men
toned In connection with other details, all
of which would indicate that he took
leading part in the tragedy. 1t Is to the
last charge made by Kennedy yesterday,
however. that he must apply. himself.
The court will expect him to clear HIM
self or the department may be expected
to take action.
Kennedy. sitting up in his chair straight
as an arrow and looking every inch the
soldier, retained his self-possession and
replied promptly and submissiveiy as
question after question was fired at him.
He is young man apparently not more
than tWenty-four years of age and mas
seen service. His manner Is progresses
ing and he Is above the average in intelli-
gence. There was nothing cringing in his
demeanor nor was he lacking In respect
fulness.
Talks Like a Soldier.
The fact that he was facing his sure-
riors did not feaze him in the slightest
He talked like a soldier who was ordered
to perform a duty and who felt 1t incum-
bent upon him to do as he was told.
While therefore, he made no evident i'm
preston on the official side. the Sutton
lawyers and their clients and not a few
Of the civilians had faith in his utter
anceS.
In one respect AT least kennedys testi-
mony did not offer from that of any OF
the others. 1t contradicted statements Of
preceding witnesses.
No witness has as yet told of kennedys
presence. and although he himself de-
clares he was present and saw the first
fight. no one would have been aware of it
had he not been summoned by the SUIT
tons. Where they obtained their infor-
nation is not known and they themselves
decline to tell
Story Kennedy Tells.
Here is the story that Kennedy told in
reply to questions propounded:
Il was walking along the road to the
camp to go on my post when ! came
across the four officers. l was attracted
by their loud talking. Some of them were
calling each other vile names. Lieut..
Adams had his coat off and was standing
back. Just as / came near l heard SUIT
ton say: D you. II you want to fight
I will fight YOU Sutton then took off his
blouse and other garments and asked me
to hold them. after Utley had ordered me
away. Then Adams and Sutton began
fighting. the setto lasting fully five min
utes. Utley tried to separate them, but
failed. When they quit Sutton came
toward me. his face bleeding. 1ney were
again ordered me to leave. turned over
the clothes to him. Sutton called after
me to stay. but i concluded 1T was no
place for me and left.
LAS looked back 1t seemed to me as
Ii all were in bunch fighting Then sud-
denly they separated and / saw Adams
running toward the camp, while Sutton
appeared to be trying to find his clothes.
relieved the sentry at the camp and
lost sight Of them.
Some time afterward l heard four
shots, the three first in rapid succession.
1t was dark. and while l could not see
the men I did see the flashes from the
pistol. Soon afterward Ctey came along
and tod me that Sutton had Kill ed him
self and be was followed by Adams on
his way to the hospital. who told me he
had finger shot off.
Told Not to Talk.
The next morning about 8 o'clock ]
saw Lieut.. Utley pick up q black steel
Colts service revolver out of the grass.
Others saw this as we'll as I. Utley then
told me not to say anything about the
affair. and that is why I did not appear
before the board of inquest
Why did you not report what you had
seen to the commanding officer?" asked
the judge advocate.
Because Lieut.. Utley had told me to
keep quiet" was the reply.
And you saw him pick up the revolver
from the grass? When was this?" con-
tinued Maj. Leonard.
Kennedy.
Did any others see him pick it up?"
Yes. sir. Those who were standing
near me in the ranks saw It.
You say you did not see the shooting.
Did you hear any voices afterward?"
Il heard some one call out, Are you
shot?''
Then followed ripping cross-examina-
ton, which lasted until court adjourned.
Usual Discrepancy Occurs.
There was one discrepancy in Kenne-
dy's evidence which it is difficult to rec
oncile. and it may be he was mistaken.
He insisted that during the first fight
the automobile was standing by, and the
chauffeur was also present, whereas
begun.