The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-06
UTLEY TESTIFIES
IN SUTTON CASE
Marine Corps Officer Declares
Sutton Shot Himself
MUCH INTEREST IN CASE
Attorney for Mrs. Sutton Says He Only
Wants Stigma of Suicide Re-
moved From Suttons Name,
Not To Charge Murder.

Annapolis Md, August 5.-For five
hours today Lieut.. Harold Utley of the
Marine corps was subjected to an ex-
acting examination and cross-examina-
ton in regard to his connection with the
death of Lieut.. James N. Sutton Of Ore
gon, which is the subject of investigation
before the naval board of inquiry at the
naval academy. The hearings were re-
sumed today after an adjournment the
early part of last week pending the ar
rival of Lieutenant Utley and Surgeon
Frank c. Cook who were aboard the
United States cruiser North Carolina,
which reached Provincetown Tuesday.
The new alignment in the proceedings
whereby five of Sutton's brother officers
who have already testified and Lieuten-
ant Utley appeared In court as defend
ants, accused by Mrs. Sutton, the dead
boys mother, and her daughter Mrs.
Parker, of causing Sutton's death, had
no effect in curbing the testimony of
Lieutenant Utley. Notified of his privi-
leges as a defendant by Major Leonard,
the judge advocate, to refuse to answer
any questions which he thought tended
waived the privilege and answered all
questions put to him.
His story in substance was corrobora-
tive of the testimony of the other Off
GERS who were present at the fight be-
tween Lieutenant Adams and Lieutenant
Sutton in the early morning Of October
10, 1907 when Young Sutton was shot.
While Utley said he was under the i'm
preston at the time of the shooting that
Sutton, in the heat of the struggle with
him and other officers who were attempt
ing to disarm Sutton, directed the shot
against himself, he was not nearly as
positive about the suicide theory as the
preceding witnesses. In answer to Major
Leonard's questions the witness said he
would consider a man to have committed
suicide If he was attempting to shoot
some one else and had shot himself by
mistake And later, under cross-examina-
ton by Lawyer Henry E. Davis, counsel
for the Suttons, he admitted that he was
reaching for Sutton's hand to disarm
him when the latter freed his arm from
beneath his chest and the revolver
flashed.
move the stigma Of suicide from Lieuten-
ant Sutton's name and not to point the
finger of suspicion toward any one of
these defendants" said Mr.. Davis, at the
adjournment, land Lieutenant Utley's
testimony must be considered of great
Importance in that light"
Utley was senior officer in the party
that were with Sutton on the night in
question. Mr.. Davis frequently logged
the witness memory from the Testimony
he gave at the inquest, but Lieutenant
Utley pleaded a lapse Of memory over
the interim of two years. Some of the
pointed questions directed at the young
officer made him straighten himself in
his chair and answer curtly.
The interest in the case In navy cir
cles here grows more intense as the pro-
ceedings advance.
Lieutenant Utley was still under cross
examination at adjournment today and
the testimony of Surgeon Cook, Mrs. SUIT
ton and Mrs Parker and the summing
up on both sides. which is to follow, Is
expected to prolong the inquiry well into
next week.