The Washington herald., 1909-08-06

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told him that Sutton had shot Rocker
and then committed suicide, said Utley.
You say suicide?" said the judge ad-
vocate. ARE you sure that he committed
suicide?"
Don't you know that I an certain OF
the definition OF suicide?" replied I-tlev.
Would you say that man who shot
/ at another and hit himself and was
killed committed suicide?" asked Maj.
Leonard.
Il would" replied Utey.
Maj. Leonard halted there without ask
! ing Utley II it were his opinion that
sutton intended TO shoot himself.
Confronted by Kennedy.
After UtIey had told his story in direct
examination he was confronted with Pri-
vate Kennedy. the man who testified last
week that he had seen Sutton and Adams
fighting and that Ctley had told him. the
day after Sutton was killed. 10 keep
his mouth closed" about what he had
seen.
DO you know that MANI asked the
judge advocate, pointing 10 Kennedy, who
stood across the table from Uuey. The
young lieutenant took long, slow look
at Kennedy.
''He is Private Kennedy" said Utley.
DO YOU remember seeing him on the
night that Lieut. Sutton died?" asked
Maj. Leonard.
7 did not see him that night" was
Uuey's reply.
Kennedy was then excused, and made
a hasty and grateful exit from the court
room.
When Mr.. Davis asked Utley on cross
examination about his telling Kennedy 10
keep his mouth shut. Utley said he might
have told the sentry who passed when
adams and Sutton were about 70 tight
not TO say anything about Il. but that he
had spoken 70 no enlisted man on the
subject on the day after
Good Description OF Fight.
Utley's description OF the fist fight be-
tween OSterman and Sutton was the
c!earest that has yet been given. II was
caused. he said, by Sutton's calling Os-
terman a vile name and hitting him in
the back Of the head. The fight was all
ono way. Utley declared. Sutton never
having a chance.
After Osterman knocked Sutton down,
said Utiey, Sutton lay on the ground.
refusing 10 get I'D and night or 70 say
that he had enough Finally he said he
had enough OF fist fighting. but would
gel a gun and kill them all before
morning
one point that everybody interested IN
the trial had hoped would be cleared up
by Utley was how De Hart came TO get
possession Of the revolver that is said 10
have been in Sutton's possession that
night and which was afterward found on
the parade ground De Hart said that
an officer gave it 10 him at the scene Of
Sutton's death. Osterman. Bevan. Adams.
and Willing had all been questioned, and
none knew anything about il.
Fires the Revolver.
To-day Utley said that when Adams
threw Sutton face downward on the
ground he. Utley, and some one else.
he cannot identify. caught hold OF SUIT
ton. One arm was under Sutton and
the other arm was free. The free hand
held no revolver. Which hand lay under
Sutton's body Utley cannot remember.
but ne said he reached under his body
attempting to gain possession Of Il
when Sutton drew his arm out and fred.
He said to-day he had not seen a second
revolver during the final struggle. He
had seen Sutton with two revolvers Z
short while before. He supposed that
Sutton either dropped one OF the revol-
vers as he was thrown or that some one
took II away from him.
Afterward De Hart came 20 him and
told him he knew where one Of Sutton's
revolvers was. Ctley told him 20 report
the matter 10 the officer Of the day. Lieut.
Willing.
Two points were cleared Up by Utley
One was that De Hart was drunk that
night. The other was how Sutton got to
where he was when Adams met him
just before the shooting began. After
Sutton had fought with Osterman and
had announced his intention OF killing
the officers, Utey said to-day. he fol-
lowed Sutton 70 camp. He went 70 the
various officers tents.
In front of Sutton's tent he found ROel-
ker Sutton was standing just inside his
own tent pointing a revolver at Roel-
ker Later Bevan came up. Utley or
dered Sutton under arrest. Sutton re-