The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-07-28
viii Protest to Secretary
Meyer Ruling of the
Board.
WANT 1T INQUIRY,
NOT A TRIAL COURT
Declare That the Sudden Action
Astounded and IN
censed Them.
By THEODORE H. TILLER.

ChaTacterlZlng the sudden termi-
nation Of the Sutton inquiry as IN
outrage and threatening a big naval
scandal if forced to continue in the
case under the naval boards ruling
at Annapolis yesterday. the attor-
neys for Mrs. James N. Sutton will
lay before Secretary of the Navy
Meyer this afternoon a formal pro-
test and a demand that he order the
court of inquiry to resume its ses-
sionS as an inquest body and not as
a trial board with Mrs. Sutton as
accuser and five officers as defend
ants.
PROMISES SCANDAL.
Attorney Henry E. Davis. chief
counsel for the Suttons. who are
attempting to prove that Lieuten-
ant Sutton did not die a suicide.
said that he would decide after re-
ceiving the reply of the Secretary
Of the Navy whether he would re-
main in the case.
You may say for me-" he ex-
GAINED with warmth this after
noon, that if this INQUIRY is to
continue under the ruling of the
court yesterday, that before we are
through with this matter We viii
expose a bigger naval scandal than
was the original smothering CT the
facts concerning SuttOns death.
Like Thunderclap.
Like thvudercIap came the naval
courts decision which changed the
whole status Of the case. It was simplv
TO the effect that Mrs. Sutton's letter
TO the Navy Department, suddenly in
troduced into evidence by the Judge sd-
Vocate, placed her in the position or
an accuser and placed the officers with
Sutton when he died in the category OF
defendants.
To say that we were surprised At
such a belated proceeding" said Mr..
Davis, lis insufficient. / vas simplv
astounded, incensed, and outraged.
wonder today at my self-conroI in that
naval courtroom. Never have 1 heard
Of such state OF affairs
we shall lay before the Secrefsrv
Of the Navy this afternoon a summary
Of everything that has happened AZ
this inquiry UP 10 the unexpected events
OF yesterday. In that communication To
the Secretary We shall Iuest that he
restore this Investigate body to its
former status-a naval inquiry board
We shall also ask that he restore the
parties TO the investigation, Mrs. Sut-
ton, her daughter, and the officers in
volved, to their original status as wit
nesses, and not as accusers ana accused.
Action Not Decided.
Whether / shall remain in this case
is matter I have as yet reached no
decision upon. My decision will not be
made until my communication to the
Navy Department is acted upon.
If 1 do stay in this case and the
present state Of affairs is allowed 10
continue 1 promise you now, and You
may quote me fully, that there viii
follow a naval scandal a scandal big
ger in every way than the one that con-
sisted in the smothering OF this AFFAIR
originally"
Mr.. Davis and L. W. Van DYKE.
counsel for the Suttons. spent the en-
tire morning in conference and in Dre-
pairing the brief that is TO go before
Secretary Meyer. The attorneys still
show evidence of the displeasure and
amazement that manifested itself in
the court room at ANNAPOLIS al noon
yesterday when the whole status of
their case was changed and Mrs sur
ton, blunty speaking, was asked to
name some one as the slayer of her
son. a task that she did not set out
TO do in the beginning. and especially
before the inquiry board.
A Trial Board
The unprecedented decision Of the
inquiry board named merely 20 make
an investigation of Suttons supposed
suicide, has made that body trial body
and has made Mrs. Sutton a complain
ant. The officers with sutton when he
died are now, at this late moment, made
defendants Now the point arises:
If Lieutenant UtIey 10 await the ar
rival OF whom the court adjourned, IS
10 be a witness. he has no right 10 the
records in this case. to his former testi-
mony. nor to conference with his
brother officers whose stories have al
ready been heard
If, according TO the boards new de-
clslou, he is a co-defendant with these
he viii have the right on his
arrival To converse with these officers
to have access to all the records. and
TO tell story 70 conform with the
others
This will insure. through the me
dunn OF Utley. the carrying out of the
made on the night thar
sutton died. and which has been So
adhered 20 up to this time
IT is on this latter assumption that
we promise. if forced 10 continue ia
the role the board has decided must
be ours, 20 expose the naval scandal
l have referred 20. If / do not make
good it will be because I haven't the
strength and determination TO carry