Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-06
ANGRY AND EMBARRASSED
BY CROSS-ExAMINATlON
Admits Fatal Shot May Have Been
Meant for Another.
HE DID NOT TOUCH REVOLVER
Witness Gets Angry When Asked IL
Former or Present Testimony
Is Right.

Special From a StaH Correspondent.
| ANNAPOLIS. Md, August 6.-StickinA
religiously to the Il don't remember
formula, Lieut.. Howard H. Utley of
the Marine Corps made a fair success
OF weathering the storm of cross-ex-
animation driven across the table at
him by Attorney Henry E. Davis dur
ing this mornings session of the court
or inquiry which is making the sec
ond investigation into the death of
Lieut.. James N. Sutton. jr.
1t was tough day for Utley. and also
a tough day for Mr.. Davis. Each lost
his temper.
When the battle was over laymen in
the courtroom could not see that mucl,
had been accomplished.
The main point that Mr. Davis sought
TO bring out was that the two revoIvers
which are supposed to have been i'm
Suttons possession while he was on the
rampage over the parade ground just
before his death were. in reality, locked
up in valise in Sutton's tent all the
time. This has been a theory of the
Suttons all the time.
Today Utley could not recall whether
he had seen the revolvers at the inquest
which was held on the day after SUIT
ton died. Nor could he recall mucn
about the effects of Sutton which he,
as a member of the board of inventory.
appointed to take care of them, helped
to pack up.
Another point Mr.. Davis attempted to
bring out was that somebody else had
hold Of Suttons service revolver when
it went off and killed him.
Utley Embarrassed and Angry.
With regard to these two questions, Mr.
Davis hammered Utley all over the place.
He badgered the young lieutenant until
his face. already bronzed by exposure to
the ocean waves. turned a deep Grim
son.
The flush that spread over Utleys cheek
during his battle with the Sutton at
torney was the flush of rage part of the
time. Again it was the flush of en-
barrassment.
And to make matters worse for Ctlcy
Lieuts. Bevan. Willing and Ostermann.
his co-defendants, sat on a bench just
behind him and grinned at his discom-
future. To them Ctley,s predicament
seemed huge joke.
They had all spent the best part of a
week under similar circumstances. To
see Utley getting his furnished them
the best fun they have had yet.
4 Once. while the court was examining
copy of the list of Sutton's effects fur
nished to his family by the board of in
ventory. and which Mr.. Davis had in
troduced as evidence, Lieut.. Ostermann
leaned over toward the witness CHAIR
and "kidded' Utley numerically.
The front row of the auditorium. oc-
cupied by the defendants. has become
known as "Soubrette's row.. This grew
out of the fact that somebody told Ad-
ans the day that the others were made
defendants with him. that he was no
longer playing the leading part under
1 the spotlight, but would have to share his
publicity with the rest.
THAT means that you drop back from
| the footlights and take your place in tine
chorus. Adams" Lieut.. Skip" Willing
told him.
Did Not Touch Revolver.
When Mr.. Davis examined Utley with
/ regard to the manner in which Sutton
was killed. he laid particular stress upon
Utley's efforts to get the revolver away
from Sutton. Ctley said he was sitting
on Sutton and reached under Sutton's
body.
In answer to a direct question he said
he thought he tried to follow the line of
Sutton's arm. which was under him. down
i to the hand that grasped the revolver.
1t was while he was doing this that SUIT
ton jerked his arm free and shot.
i Ctley said emphatically that his own
hand did not reach the revolver before
| 1t went off.
Utley illustrated the movement of his
own hand. standing up over the table as
be did SO. 1t was while this point was
up that Ctley showed his flash of tenn
per.
Mr.. Davis called his attention to the
fact that at the first inquiry he testified
that he had felt In Sutton's pockets and
In holster first. and. finding them empty.
had then reached under Sutton's body.
(Which is right Mr. Utley?" asked Mr..
fore the first court or that you have given
here. In which you say you remember
nothing about feeling through Sutton's
pocket and holster?"
! Utley Appeals to Court.
i Ctley turned to Commander Hood. He
spoke calmly. but his face was set hard
| in anger.
81 would like to ask the court" he said.
what is meant by that question which
Is right?' l testified at the first inquiry.
the day after Sutton died. to the best OF
my knowledge and recollection then. l
am testifying now to the best of my rec
objection.
"I have been twelve days at sea on the
way here. 1 have not read my testimony
before the first court since ! passed upon
i IL at the time. Counsel evidently wants
i to know-if understand the English lam
| guage-whether l was wrong at the first
inquiry or whether ! am wrong now."
i Commander Hood told Utley he must
! testify now as to the best of his recoi-
| lection at this time. This calmed the
| young lieutenant down. The struggle be-
4 tween him and Mr.. Davis was then re-
| newed. the attorney taking up the ques-
ton Of the suicide theory.
! Will Not Corroborate De Hart.
when you said yesterday that you had
notified the commanding onicer that night