The Washington herald., 1909-08-19

finally overpowered and thrown 10 the
ground by Adams. was killed by a re-
yolver shot, from a service Colt revol-
yer, held in his own right hand. and
fred by himself, without the Intervention
Of any other hand"
Such are the facts as the court found
them, and from them deduced these opin-
ions:
''First-That Lieut.. Utley failed in his
duty as senior officer present under
article 266. United States Navy Regula-
tions, 1903, In permitting Lieut. Sutton 10
run away and arm himself, instead Of
calling on those present for assistance
and following Lieut.. Sutton. preventing
his arming himself. by force if neces-
sary, and turning him over 10 the Gus
tody OF the officer OF the DAY.
"Second-That Lieut. Bevan. officer Of
the guard. failed in his duty as officer os
the guard in not disarming Lieut.. SUIT
TONS tent
'Third-That Lieut. Willing. the officer
Of the day, failed iu his duty as officer OF
the day in not Immediately assisting. by
force. in helping 10 dsarm Lieut. Sutton
when he arrived on the scene before th,.
fatal shot was fred,
No Criminal Charge.
"Fourth-That no possible charge Of
criminalIty lies against any Of the par
ticipants In the fray. except Lieut. SUIT
ton himself, and that Lieut.. sutton IS
directly and solely responsible for his
own death. which was self-inllicted. either
Intentionally or in an effort 10 shoot
one Of the persons restraining him. and
his death was not caused by any other
injury whatever
''Flfth-That the charges OF wlllful mur-
der and conspiracy 10 conceal Il. made
BY the complainant. Mrs. Sutton. mother
Of Lieut. Sutton. nre purely imaginary
and unsupported by even a shadow OF
evidence. truth. or reason"
The court then recommends:
In view Of the youth and decided In
experience Of Lieuts. Utley, Willing. and
Bevan, az the time. and Of the altogether
unusual conditions OF excitement, threats.
and danger during the aforementioned
fray, II is recommended that no further
proceedings be taken
Following is the minority report OF
Commander Hood
The undersigned concUrs IN the above,
and in addition is OF the opinion that
Lieuts. Utley. Adams. OsteTman. Willing.
and Bevan showed q deplorable lack Of
knowledge OF their duties and obligations
as officers holding commissions IN the
Marine Corps. and the testimony con
Ceruine the whole deplorable affair in
dicates a state Of discipline then exist
ing in the Marine School Of Application
discre1itable 10 the service. and argues
strongly against the practice of commits
sioning and putting into positions II re
sponsihility young men without proper
previous training.
1T is further the opinion of the under
signed that Lieuts Willing. Bevan. and
Ttey should have been brought 20 trial
az the time for neglect Of duty; and
! IleUts. Adams and Ostermsn should have
/ received milder punishments for engag-
ling iu a brawl unbecoming officers and
gentlemen. and ne CO1Curs IN the RECON-
mendauon that no further proceedings
! be taken az this time. only because Of
/ their youth and lnexperience al that
I time. and because OF their being. in a
sense the victims Of q system for which
I they themselves were not responsible"
The court Of INJURY was dissolved by
Acting Secretary Winthrop yesterday.