Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-07
COURT Or INQUIRY RESUMES
SUTTON PROBE AT ANNAPOLIS,
Lieut.. Utley Gives His Version of Lieut..
Sutton Deatf---Does Not Remember
Thing to Which Defiart SwOre.

, yocate, arose to make statement sin
Justice TO himself,' before Mr.. Utley
began to testify.
Il want to go on record that under
the law and regulations ! had to in
struct Lieut. Utley Of his rights as
defendant that he did not have to an
swer questions which might tend to in
criminate himself" said Major Leon
ard. Some of the newspapers have
said that 1 tried to stop the mouth of
this witness and want this statement
to appear in justice to myself"
Mr. Sutton took the witness back Il.
the scene of the tragedy near the ma
rine barracks and questioned him
closely about the incidents 1eadiDg up.
to the shooting, emphasizing the dis
,repancies in Utley's testimony of yes.
terday by reading from the testimonj
of the other officers who Were theres
Reading from the testimony ID
Lieuts. Willing, Bowen and Sergt. De-
Hart. Mr.. Davis brought out many
things which they testified Lieut.. Ut
ley did and said on the flight Sutton
was shot, of which the yitnessshad no
resent recollection. fssss
did DeHart come tosyou aster the
shooting and tell you Sofne:4 211ad
handed him a revolver and 6nd
thrown ii away. as he testihed
Nj. Davis. f
Il do not remember any such CONVEX
alton" Lieut.. Utley replied.
Didn't DeHart ask you the next
morning to tell him who had handed
nim the revolver and you said that you
didn't"
mo I don't recall any conversation
like that"
Utley could not remember that he
mad seen DeHart at the scene of the
shooting and ordered him to report
1t the barracks and afterwards go for
The hospital surgeon, as DeHart testi-
fed. Mr.. Davis had the witness stand
up and illustrate the position and the
motions made in the struggle with SUIT
on on the ground just before Sutton
vas shot Mr.. Davis read from Utley's
estimony at the inquest following SUIT
toms death.
You said then that you saw some
one wrench revolver from Sutton's
hand. heard someone say Get the
other gun and in your efforts to do
80, You went toward Sutton's feet and
then turned and saw the flash. Now
you say that you were kneeling. on
Sutton's left shoulder and feeling I'M
der his chest for his hand when you
Jaw him raise his arm and fire the
shot that killed him. Which is right ?"
asked Mr.. Davis.
Utley said he was testifying from
his best recollection at the inquest and
was doing so now. Commander Hood,
president of the board, asked the wit
less which was correct. according to
his present recollection.
LAS l recollect now l was feeling
for the gun when the flash came" re-
)lied Lieut. Utley.
Both Commander Hood and Mr.. Da-
Wis dwelt on this point for sometime.
Referring to the revolver which dis
appeared on the night of the shoot
ing. and of which all the witnesses
so far have disclaimed any knowledge,
Mr.. Davis asked the witness If he
knew who had taken it. Utley said he
lid not and that the next time he
saw it was when he made an inventory
If Sutton's effects just before the in.
quest. This was Smith and Weston
small revolver and not the big Colt
service gun.
That was the revolver that was the
dumb witness of Sutton's death, was It
aot"" asked Mr.. Davis.
Yes sir, believe so" responded Ut
ley.
UNLESS someone afterwards placed
It in the holster?" Mr.. Davis finished
his cross-examination.
Major Leonard asked the witness III
he was positive that no other HAND
interviewed except Suttons that fired
the shot except Sutton.
Il know that l did not touch has
hand, and no one else did, as ] rec
ollect," replied Lieut.. Utley.