The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-08-07
MRS. SUTTONS
LETTERS BONE
OF CONTENTION
Mother of Dead Lieutenant
Wheels While Counsel En-
cages in Argument
Government Seeks to Show
Methods of Parent in At
lacking Officers Veracity

ANNAPOLIS, Nd. Aug. 6.-The reap
pearance on the witness stand today of
Mrs. James n. Sutton. mother of Lieu
tenant Sutton of Portland, Ore, whose
death is being investigated by the
naval board Of inquiry. was the signal
for heated controversy between the
lawyers, which ended in a prolonged
conference and brought the days pro-
ceedings to an abrupt ending.
Judge Advocate Leonard before pro-
ceeding with Mrs. Sdtton's examination
offered for Identification, and to be
read in evidence, several letters which
he said Mrs. Sutton had written, con-
tanning serious charges against the Off
GERS OF the marine corps who appeared
as defendants.
The United States has been put to a
large expense in bringing witnesses
here from all parts of the world" said
Major Leonard, and it becomes my
evidence in order to enlighten the
court as fully as possible on all matters
. pertaining to this inquiry
SAYS LETTERS ARE IRRELEVANT
Henry E Davis. counsel for Mrs.
sutton. objected on the ground that
Mrs Sutton was not present and that
the letters in question were irrelevant
70 the inquiry and OF a personal and
Incompetent nature as evidence.
1t is inoonceivable that the judge
advocate should attempt TO force Mrs.
sutton into such a position before this
board Of inquiry" said Davis These
letters are not offered TO assist this
court in finding out how Lieutenant
sutton met his death. But these let
tiers containing, perhaps, the eXtrava-
giant statements OF a mother with a
stricken heart over the death of her
son. should be read before a curious
world is indeed unique and cruel"
Major Leonard declared Davis had
uiscOnstrued the judge advocates po-
sirfon and asked that the lawyers re-
marks implying bad faith on his part
be stricken from the record
REPUTATIONs ALSO SACRED
Il would have Mr. Davis remember"
he said that the hallOWed grave of
2 dead son is no more sacred than the
reputa ton Of a living officer, and there
are many such regulations at stake
here"
The Judge advocate said the court
had the right to inquire upon what
grounds Mrs Sutton had made the
statements in the letter.
Attorney Birney. counsel for Lieu
tenant Adams. protested that Mrs. SUIT
ton had consistently tried 10 avoid her
true position, and urged that the let
tiers be read
Al this point Commander Hood, pres
dent OF the board, ordered the court
closed, and went into conference with
his associates and the judge advocate.
Later comwander Hood announced
that the letters would be read in
closed court tomorrow 70 the interested
parties and their counsel.
Following the completion of Lieuten-
ant Utley's cross examination at the
morning session, Surgeon T. E. Cook
was z witness. He testified that he
performed the autopsy on Sutton's
body, and declared from the nature Of
The bullet wound il would have been
difficult for him to shoot himself. hold
ing the revolver IN the ordinary man
ner He added. however. that it was
his belief Sutton committed suicide.
WHAT UTLEY MEANT
You testified that you woke up
colonel Royen that night and told him
sutton had committed suicide, didn't
EOu2" asked Davis on cross eXamina-
lion Of Lieutenant Utley.
That is right" said the witness.
What you meant was that you had
seen sutton SnOot nlmSelI, elIner IN
tentionaIly or accidentally, wasn't itT'
asked Davis.
Yes, sir; not necessarily one or the
other That was my understanding of
suicide" replied Utley.
Utley could not recall that there
we're three men on top of Sutton at
the time he was shot Besides himself.
there was one other man. whom he did
not recognize at the time. witness said.
Mrs. Sutton broke down and wept
quietly during the spirited objection
to the admission Of the letters in evil
dence.