Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-29
COURTS POWER UPHELD
Full Authority to Conduct Com
plete Investigation.
PROCEEDINGS ARE NOT A TRIAL
Findings Must Be Reported to Navy
Department for Final Action
in Case.


cation from the Navy Department to-
morrow morning he will be disappointed.
He will find, it is believed, that his pro-
test has been denied in the Sutton case.
Acting Secretary Winthrop and Judge
Advocate General Campbell of the navy
had long conference at the Navy De-
partment this afternoon in regard to the
protest of the counsel of Mrs. Sutton
against the action of the court of in
quiry Investigating the death of Lieut.
sutton In deciding to regard Mrs. Sutton
as the accuser and the officers who were
with Lieut.. Sutton at the time of his
death as the accused.
The letter of Attorney Davis protesting
against such action was received by Mr.
Winthrop late yesterday afternoon and
was referred to Capt. Campbell. the legal
officer of the navy. this morning. An
answer to Mr.. Davis letter was prepared
and will be sent to him this evening or
tomorrow morning.
1t was said at the department this
afternoon that this communication will
be considered confidential until after its
receipt by Mrs. Suttons counsel Such
action is in accordance with the practice
OF the department, it being regarded as
simple courtesy to the writer that he
should receive the first notice of the rul-
ing of the department on the point raised
by him.
Although the action of the depart
ment mas not yet been officially promul-
gated, the general impression in naval
circles is that while the acting secre-
tary has decided that the present court
OF inquiry is not authorized actually to
try any officers connected with the case
for any offonse said to have been com
mitted by one or more of them. the
| court is fully authorized to investigate
all the circumstances connected with
the death of Lieut.. Sutton and report
the facts to the Navy Department for
| such action as may be called for.
1t is stated further that the officials of
the department do not consider that any
thing has occurred during the conduct of
the investigation to prevent the present
court from continuing its investigation.
regardless of the position of the various
parties In interest. 1t is held by some that
If Mrs. Sutton has any evidence to pre-
sent to show that her son did not die from
self-inf1icted wounds it is not only her
right but her duty to present it to the
court.
They say that it is unreasonable to ex-
pect Lieut.. Utley to give evidence diff
ferent from that given by him at the
previous Investigate ton, or to show culpa-
bility on his part. regardless of whether
his status is that of defendant or
merely that of witness.
In other words. it is the belief at the
department that the appeal of Mr.. Davis
will be practically denied, and that the
court will be ordered to examine i'm
partially all the witnesses summoned by
both sides.
Course Not Decided Upon.
In the meantime Mr.. Davis and Mrs.
Sutton and Mrs. Parker are awaiting the
action of the Navy Department before
deciding upon what course they will pur-
sue. Should the Navy Department sup
port Mr.. Davis and order the court of
inquiry to proceed along its original lines,
with Mrs. Sutton and the young officers
| who were involved in the affair as mere
ly interested parties. there will be no
change in the course pursued by the
Suttons and their attorneys.
Should the Navy Department decline
to interfere with the court, a consulta-
ton of the Suttons and their attorneys
will be held as soon as Mr.. Davis is
notified of the result of Assistant Secre-
tary Winthrop's decision.
II Mrs. Sutton has to appear as the
complainant in the case. 1t is by no means
certain she will not withdraw entirely.
Mr.. Davis. too, is not sure he is willing to
assume the position of prosecuting at
torney forced upon him by the ruling OF
the court that his client is the COM
plainant and that the officers involved are
defendants. If, however, he does as
sumo this task he promises to make
things mum.