Evening star., 1909-08-20
SAYS JUDGE ADVOCATE
WAS DERELICT IN DUTY
Failure to Join in Deliberations Had
Important Bearing.
EFFECT ON SUICIDE THEORY
Declares His Participation Must
Have Excluded It From the
Findings-To Announce His
Future Course Later.

Sharply criticising the conclu-
sions OF the court of inquiry which
recently reinvestigated the death
OF Second Lieut.. James n. SUIT
ton of the United States Marine
Corps, Henry E. Davis, counsel OF
Mrs. Sutton, mother of the dead
officer, in a statement issued today
declares that the judge advocate
was derelict in his duty in not con-
hrming the two legal propositions
submitted by Mr.. Davis. Had he
done SO, and the court needed
him, Mr.. Davis continues, ct
would have been absolutely
obliged to exclude the hypothesis
OF suicide, and almost as certainly
to exclude the hypothesis of a
wound self-inflicted in any manner
as the explanation of the cause Of
Lieut.. Sutton's DEATH
He refers to the language used
In the decision of the court as
eminently unjudicial and unneces-
sarily harsh" 49,
After conference last night with Mrs.
Rosa B.Sutton and Mrs. Rose sutton Parker
/. Attorney Henry E. Devils. who represent
ed Mrs. Sutton at the recent inquiry into
the death of her son at Annapolis, has
practically made up his mind as to his
next step In the pressing of this case. He
will not. however, make, his plans known
until later.
"I deem 1t prudent to withhold an
Mr. Davis said today. II have, however.
practically decided what 1 am going to
do. The matter will come up about the
LIST OF October.
While Mr.. Davis declined to answer
any questions whatever, his statement
that his next step would be taken about
the lst OF October may be taken to mean
that he intends to put the matter before
the courts and not before Congress. since
no move could be made in Congress until
next December.
After considering the findings OF the
court OF inquiry. Mr.. Davis has come to
ceertain conclusions with respect of them
which he sets forth in formal statement.
the testimony of Lieut.. Robert e. Adams
Mr.. Davis Statement.
Mr.. Davis says:
In view of the findings and opinions Of
the Sutton court of inquiry. especially the
fifth opinion that the charges of Mrs.
Sutton are unsupported by even a
shadow of reason ] feel II my
duty to the mother who has so faithfully
of suicide to submit for the consideration
OF the public the following statement.
passing without comment the emnently
unjudicial and unnece .sariy harsh Ian
guage in which the court has thought fit
to clothe its conclusions. / am impelled
to this course In large part by the appre-
henson that those who know only SO
much of the case as the press has found
II possible to publish may be led to think
that the determination of a body Of on
GERS In the military service of the coun-
try must be righteous result and that
Mrs. Sutton's attitude may have been
justly estimated by those to whom the
honor of the service, as well as the cause
ted. ss justice was FOR the occasion commit
In the opening paragraph Of its findings
the court states as follows:
After carefully weighing all the evi-
dence. which is peculiarly mixed
and contradictory in details, the court
finds certain facts standing out clearly,
distinctly and beyond dispute or cavil."
Then, adopting a method unfortunately
not uncommon. the court culls from this
mixed and contradictory testimony GER
tain statements almost IL not exclusively,
those of the accused, and enumerates the
facts supposed TO be shown by these state
ments as those which the court finds
standing out clearly, distinctly and be-
yond dispute or cavil," conveniently re-
jecting every statement whether OF the
accused or OF other witnesses, in conflict
Herewith.
Testimony Of the Ehots.
IL is. OF course, impossible to meet a
statement OF this kind otherwise than by
going at forbidden length into the mixed
and contradictory" testimony. 1t must,
therefore, suffice 10 point to certain sig
nihcant and, indeed. pregnant facts left
wholly without treatment of any kind by
the court.
l. In its sixth finding the court de-
clares that Sut on was killed by re-
volver shot from service Colt revolver.
held in his own right hand and fired by
himself without the Intervention of any
other hand
After Sutton's death this Colt revolver.
which had six chambers, was found to
con ain three undiseharged cartridges
and the shells Of three that had been dis
charged In his testimony before the
board of inquest Lieut.. Adams testified
that when he encountered Sutton Just
before the later was thrown to the
ground and the fatal shot fired Sutton
fired one shot and then another. when
he (Adam0 grabbed the Colt revolver.
and just as he grabbed IL Sutton pulled
the trigger the bird time. and there was
also another shot fired during the strug-
gle. Adams saying as TO this, II could
not tell which revolver, but the two or
three shots were fred from the Colt:
and, speaking of the revolver from which
the fatal shot was fired, Adams stated
81 could not say which revolver II was;
it looked TO me like the small revolver"
In his testimony before the court of in
auiry he said speaking of Sutton: "Im.
uediately upon his shooting the first time
I rushed at him. He shot again. and
eaf 10 him shot third time