The Washington herald., 1909-08-14

Annapolis, Nd. Aug. 12-This was the
day Of all days for the ottorneys In the
Sutton inquiry. The taking Of evidence
came to a close shortly after the opening
CT tho morning session. Attorney Henry
j.. Davis, representing Mrs. Sutton. i'm
mediately began his summing up Of the
testimony. He spoke for two hours and
the court took a recess for luncheon.
At o'clock the court reconvened, and
Attorney Arthur A. Birney, representing
Lieut. Adams. spoke for an hour and
quarter The last word was said by
the Judge advocate. May Henry Leonard,
who spoke briefly in resentment against
certain insinuations that had been made
against his conduct in the public press.
Mr.. Birney began by saying the charges
involved conspiracy, the commission OF
murder. the concealment OF the crime,
and. finally. perjury on the stand. To
make his case clear, Mr.. Birney declared
Nir. aDvis would have 10 convict OF per
Jury aalI the defendants. LAeuts. Robert
E Arams. E. S. Willing. Edward oster-
man. William Bevan, and Harold Utley
and Sergt James De Hart. the three sur
geons who had viewed the body after the
tragedy, the commanding officer OF the
marine barracks. and two undertakers.
The - ories that Sutton was beaten
10 dea -rwere not borne out by the tes-
tImony,. he said. Nobody had found his
bones broken; nobody had found other
bruises about his face than the one un-
Ger his left eye; no teeth had been
knocked out.
Criticises Mothers Letters.
Taking up the letters OF Mrs. Sutton.
both 20 the Navy Department and 10
private persons. Mr Biruey asked by
what right she made the charges they
contained. lie asked r she We're not a
ht subject for O lunatic asylum.
Mr. Birney quoted Mr.. Davis in his de
scription Of the letters as the frantic
statements Of a grief-stricken mother
and said that Mrs. Sutton's pursuit and
persecution OF the defendant officers
we're more like the actions Of tigress
than those Of a mother whose heart was
riven by grief
The application Of the sorrow OF an
aggrieved mother to such an attitude IS
an insult 10 American motherhood said
Mr.. Blrney.
Mr.. Borney pointed out the evidence
that Sutton armed himself and broke his
arrest. II the cases ended there. the at
torney declared. Sutton would have been
court-martiaIed and dismissed from the
Marine Corps.
Bent on Fight.
Denying Mr.. Davis argument that when
Sutton left the camp he went to get his
clothes at the scene Of his fight with Os-
terman. and carried his revolvers for de-
fense, Mr.. Birney maintained that Sutton
was not trying TO escape. but was bent
upon attacking his fellow-otficers. He
contrasted with Suttons cOwardice Ad-
ans bravery in rushing the armed SUIT
ton when he CAdams) had nothing but his
fists to rely upon.
In conclusion Mr.. Birney said that there
had been ohting in the evidence to cast a
stain upon the honor Of the defendant Of
fcers, nothing 70 excuse the vile charges
founded upon the rawlings Of Mrs SUIT
ton. The naval service. he added. had no
cause 10 be ashamed of the young officers
accused.
Davis Accuses Officers.
Attorney Davis in summing up for the
Suttons said Lieut.. Adams had shaped
his testimony 10 meet the exlgencies,
while he accused Sergt. De Hart Of COM
mitting perjury outright.
The judge advocate IN his brief con
Guiding address. sent barbed shafts flying
all around the room (some were directed
at the press and others at Mr. Davis so
the crowd would get its money worth.
The end came at $3.50 this afternoon.
half an hour before the usual time of ad-
journment. Commander Hood. the pres
ident Of the court, announced that the
court would hold a session behind closed
doors tomorrow morning to begin the
work OF preparing its finding
The statement that the Sutton family
would be satisfied with a verdict OF ac-
cident death was emphatically denied by
Mrs. Sutton after the adjournment of the
court
IF It was not suicide, it was either
uluIutL VI AidHoldu5Alet, Salu MIS-.
Sutton.
The mother Of the dead lieutenant also
intimated strongly that in thee vent that
the court decided otherwise than in sup
port OF murder or manslaughter, she
would carry the case further
Mrs. Sutton bases her views on the
reports that there IVES a bullet wound
in her sons forehead. reports that were
not borne out by evidence produced in
court by the attorneys, and says she may
have her sons remains exhumed TO
satisfy her own mind on that score.
Davis Like Prosecutor.
IN his summing up to-day, Attorney
Davis assumed the task Of prosecutor.
and said it was shown TO be impossible
by the evidence for Sutton to have COM
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