Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-14
Birney Demands vindication
For All Defendant Officers


Marine Corps. who was killed by a shot
from revolver in the night of October
12-13. 1907. which will satisfy the pub
lie. and forever set at rest the doubts
which ever since have been connected
with the case is the task which now
rests with the court of inquiry. which.
with short recesses, has been in session
from July 90.
Shortly before o'clock yesterda s.
evening the last word was said by
Judge Advocate Leonard. who broke
through his reserve. sen-imposed. after
the close of the testimony. to make a
bitter attack on Counsel Davis for his
failure as he charged. to assist in
reaching the facts in the case. and also
to defend Sergt. De Hart. who had beer,
accused by Mr.. Davis with fragrant per-
jury.
The proceedings of the day We're read
and approved. the court taking all the
no animation when its findings could
be expected.
The Judge advocate will remain here,
as he must receive and record the YER
dict, which will then go before the
Navy Department for it's action.
Mr.. Birney, counsel for Lieut.. Adams.
occupied the floor about an hour and a
half yesterday afternoon in summing
up the case for the defendant officers.
Judge Advocate. Leonard spoke only
d few minutes, combining his remarks TO
a criticism of the action of the counsel
for Mrs. Sutton in not furnishing wit
nesses to him and a defense of Sergt.
De Hart.
"Frantic Fancies."
In his opening remarks Mr.. Birney
charged Mr.. Davis with going outside
the record and the evidence in express
ing his own belief as to the death of SUIT
ton and In making up theory which
had no evidence to support IT.
He characterized Mrs Sutton's charges
of her sons murder as her frantic fam
cies." quoting her own counsel. and said
that ascribing her conduct to mother love
profaned the name of mother. being more
comparable to the ferocity of tiger.
He said that he had come into the
dence to support the terrible charges
that had been made, but had heard moth
ing but the expression of dream or vision
sent not by God, but by some one else, a
thing of malice and hatred.
Mr.. Birney demanded finding which
would not simply amount to mot
proven - as to his client and the other
officers involved, but which would make
their records spotless before the world.
There were in all, he said six theories
that he had been killed in a drunken
brawl: second, that he mad been beaten
to death and shot to hide the crime;
third, that he had been shot and killed
fourth. that he had been shot by himself
while trying to shoot some one else; fifth.
that he had been killed by an accidental
explosion of the revolver held by him;
sixth, that he had committed suicide.
Dead Man Denounced.
The theory of a drunken brawl, he said,
had been abandoned by every one, and
the second and third theories were sup
ported only by the evidence of a dream
of Mrs. Sutton. The theory of death bv
an accidental explosion of the revolver
was possible. but not supported by evil
dence, which left the court to decide
whether Sutton had died a self-murderer
or had killed himself in seeking to MUIR
der others.
In the discussion of this last point Mr..
Birney did not spare his criticisms of
Sutton. He referred to his reputation as
an untruthful person and a disagreeable
associate. and said he was breaking his
word of honor to Col. Doyen when he
brought a bottle of whisky into camp the
night he met his death
He alleged that the officers who were
with him had done nothing more than to
resent a vile epithet in the first instance,
and to afterward defend themselves
against an attack Of a man armed with
deadly weapons. they being armed only
with their fists.
The apparent conflicts of testimony. he
said, were only the natural difference Of
recollection. due to darkness, the excite
ment of the affair and the lapse of time.
Under these circumstances, he said, 1t
was for the court TO point out whether
Sutton deliberately killed himself or shot
himself accidentally while trying to shoot
others. and 70 render a verdict which
would clear for all time the reputation of
young officers. which had been so bit
terly and Enthusiastically assailed
Calls Sutton a Coward.
Mrs. Sutton herself had cast the
worst slur upon the memory of her son
when she said he would have, if in
suited. run and told the colonel and
not, as he should have. according to Mr..
Birney. replied with blow. Mr.. Bir-
ney placed Lieut.. Sutton in the atti-
tude of a whipped coward.
He pictured the now-famous automo-
bile ride and the two fist fights that
followed 1t as they have been described
III Testimony OI the lieutenant Wit
nesses, and declared Sutton had gone
TO camp and armed himself with the de-
liberate purpose of doing murder.
Again branding Sutton as a rank cow
ara, Mr.. Birney strongly praised Lieut..
Adams for his bravery when. as he had
testified. Lieut.. Sutton fired upon him.
He fully justified the treatment to
which. according to his client and his
brother ofhcers, Lieut.. Sutton was sub
jected, and said all variations in their
n t,.af I.,I
fully justified by the conditions and
that if they had agreed fully on all
points they would have been open to
suspicion of having conspired to pre-
pare a false account OF the affair
The speaker bitterly assailed the
presentation of the case made by Mr..
Davis. and said he could not understand
why Lieut.. Adams had been select ed
from ell