The Montgomery advertiser., 1909-08-19
SUICIDE SAYS MARINE COURT Sutton Responsible For
 Own Death. OFFICERS ARE cENSURED Story of Mother Branded Without
 Truth. <s Court Of Insuiry Unable Te Determine Whether Dead Marine Centem-
 plated Suicide Or Attempt
 ed To Shoot Another.
ARE cENsURED

Washington. D. C.. Aug. Is--with the publication today by Acting Secretary of the Navy Winthrop, of the approval of the findings of the court Of inquiry, that Lieutenant James N. Sutton. Jr.. of the United States Marine Corps. was directly and solely responsible for his own death at Annapolis. nearly two years ago. the famous Sutton case be- came a closed incident as far as the Navy Department is concerned.
 Counsel for the Suttons intimated. however. after the courts decision had become definitely known, that they would probably take the issues involv- ed to Congress with g. view of having a full hearing of the case by a committee Of that body.
 Mrs. Sutton declined to discuss the result of the inquiry which she sought in an effort to clear her boys name from the stigma of suicide.
 Acting Secretary Winthrop said he had dissolved the court of inquiry and had given directions that che findings or the court and its conclusions. to- gether with his observations thereon. be sent to Henry E. Davis. the attor- ney for Mrs Sutton. and to Arthur 4. Birney. Lieutenant Adams attorney. Too much time has elapsed since the fn-f cident, in the opinion of the navy offi- eiafs. to undertake any proceedings
  the case has been made the subject of criticism by the court. They. however. will be made acquainted, In an ofncia1. but informal way, of these oriticisms. which will both serve the purpose of m admonition to them and of present. ing to them the view taken by the dee partment Of their conddct
 The court also decided that no pos sible charge of criminality lies against any of the participants in the fray ex- cept Lieutenant Sutton himself and that Lieutenant Sutton is directly and wholly responsible for his own death which was self inflicted either inten- tionaliy or in an effort to shoot one of the persons restraining him. and that his death was not caused by any ether injury whatever.
 The court also finds:
 Court Censures Utley.
 That Lieutenant Utley failed 1n his 6uty as senior officer present. under article 266. United Sttaes navy regu lations. 1908. in permitting Lieutenant Sutton to run away and harm him. self. instead of calling on those pres ent for assistance and preventing Sut- ton's arming himself by force if neces- sary and turning him over to the ofi- Ger of the day
 That Lieutenant Bevan, oficer of the guard. failed in his duty as officer of the guard in not disarm1ng Lieutenant Sutton by force. while in front of his tsutton's) tent.
 That Lieutenant wAiing, the officer of the day. failed in his duty as of hcer of the day in not immediately assisting by force in heiping to dis- arm Lieutenant Sutton when he arriv- ed on the scene before the fatal shot was fired.
 That the charges of wifful murder HO An Nv the complainant. Mrs. Sutton. mother of Lieutenant Sutton. are purely imag- mary ana unsupported by even a shadow of evidence, truth or reason.
 Win Not Punish.
 The court recommends however. that in view of the youth and decided in- experience of Lieutenants Utley, Will ling and Bevan. at the time. and of tfie altogether unusual conditions of ex- citement. threats and danger during the aforementioned fray that no fur ther proceedings be taken.
 The report is signed by ]. Hood. commander. C. s. M. president of the board. and Henry Leonard. major .. s. M. C., judge advocate. Commander Hood also filed a minority report in which he says he concurs in the major fly report and in addition he Is of opin- ion that Lieutenants Utley Adams Os- terman, Willing and Bevan showed a deplorabie lack of knowledge of their duties and obligations as officers hold ing commission in the United States marine corps. and the testimony con- cernfrg the whole affair indicates a state of discipline then existing in the marine school of application 6iscredit- able to the service and argues strong ly against the practice of commission ing and putting into positions of re- sponsibiiity. young men without prop ST previous training.
 Would Try Omcerm.
 He ts also of the opinion that Lieu tenants Willing. Bevan and Utley should have been brought 10 trial at the time for neglect of duty. and Lieu- tenants Adams and Osterman should