Evening star., 1909-07-14
PROCEEDINGS PUBLIC!
Sutton Case Open, Asst. Sec
retary Winthrop Suggests.
DECISION LEFT TO COURT,
But Strong Recommendation Against
Secrecy Is Made.
ALL READY FOR THE INQUIRY
Henry E. Davis. Mrs. Sutton's At
torney, Says He Has No Theory,
But Expects to Uncover Facts.
ALL READY FOR THE INQUIRY

The sessions OF the court Of inquiry
which will convene Monday Mt Aanapo.
lis to Investigate the circumstauc sur
rounding the death OF Lieut.. sutton of
the Marine Corps probably will he pub-
lie. Assistant Secretary Of the Navy
Winthrop today gave the court full
discretion TO have either secret or pub
lie sessions, but suggests the desjr-
ability OF the latter. He said today that
questions might arise In the course Of
the inquiry which would necessitate
closing the doors temporarily. He de-
sired as far ms possible, however. tn
avoid the circulation Of any incorrcct
version Of the proceedings, which,
might occur II publicity should be de-
MED.
That they are accusing any particular
person or the murder of Lieut.. James ".
Sutton of the Marine Corps. or that they
are going into the second investigation
of the causes of his death with any set
theory as to how the tragedy occurred IL
emphatically denied by Mrs. Sutton, the
mother OF the unfortunate officer, and her
attorneys. Henry E. Davis and Edmund
w. and Harry Van Dyke.
Acting upon express orders from her
to Washington last night. declines to dis
cuss the case any further. She adheres.
however. to her original statement of alb
solute Disbelief in the theory that her son
committed suicide. either voluntarily or
through fear of threatened exposure OF
his past conduct by his fellow marine ofii-
GERS.
Will Dig for the Facts.
1--WE are going into this affair with open
minds" said Henry E. Davis today. Il
have no theory that shall carry into
court with me. l do not know how the
killing of Lieut.. Sutton occurred. but I
hope to find out. That the failure OF the
first inquiry to disclose the real facts Is
the fault OF any one in particular Is not
necessarily q correct assumption. Tho
fact Is that a number of persons who.
while they may not have been present At
the death OF Lieut.. Sutton, know many
which led up to the fight between him
and the other marine officers could not
be compelled to testify before a naval
court Last February. however, Congress
passed law which enables such a court
to compel the attendance of civilian wit
nesses, and at the coming inquiry we will
be able to bring to light many facts that
have an important bearing on the case"
Mr.. Davis reiterated his previously ex-
pressed opinion that the publicity given
the case could do no good to either side.
He and his associate attorneys were in
nowise responsible for this publicity, he
added.
Important Witnesses Missing.
So far one Of the most important wit
nesses, Lieut.. Rocker who, according
to the testimony at the first inquiry. was
shot by Lieut.. Sutton. is still missing.
1t has been reported that the Navy
Department knows where he is, but
Mrs. Sutton's attorneys do not. Nor
is there any likelihood that Miss Stew
art, the young Pittsburg woman whose
name has been brought into the case,
will appear. She is now in Canada, and
her father adheres to his declaration that
she is not to be a witness. Another
missing witness is Lieut.. John Potts, who
is in the Philippines.
All the rest of the witnesses desired by
either side are available. however, and
it is not thought that the absence of
Miss Stewart and Lieut.. Potts will make
any material difference in the outcome.
The presence of Lieut.. Rocker, however,
is highly desirable.
Rumors that the reopening of the case
by Mrs. Sutton will prove a boomerang
continue to be discussed in naval and
marine circles. These rumors are to the
effect that an exposure of Lieut. SUIT
tons character will cause his mother to
regret her action in forcing a second in
quiry.
Such suggestions cause no anxiety to
Attorney Davis. He said this morning
that there was nothing in Lieut.. SuttonS
record that could form the basis of
any such theories.
Navy Sentiment Changing
A significant feature of the recent de-
velopmepts in the case is the apparent
change in the theory of Suttons death
advanced by naval and marine officers.
At first it was stated emphatically that
the story told by the men who were with
him when he died was absolutely correct.
That story was that Sutton. after shoot
ing Rocker and in the belief that he
had killed him, said. Here goes" turn
ed his revolver on himself and fired
the shot that ended his life.
During the past few days. however.
a number of officers have expressed the
belief that Sutton was killed either while
struggling with another officer for the
possession of the revolver or that he was
reaching over his shoulder and trying
to kill some one behind him.
BY Sutton's friends this change in
sentiment Is taken to mean that the
officers are not SO confident of the GER
tainty of the findings of the court OF
inquiry as they have pretended to be-
Whatever the outcome, the impression
bring to light certain facts that the
authorities naval and marine, at An
napolis would rather not have made
public.
New Testimony Received.
Mrs. Sutton, who arrived in Washing
ton last night, will remain here until
the opening of the inquiry. which will
be on schedule time next Monday. 1t IS
confidently expected by herself and her
attorneys that Mrs. Rose Sutton Par
ker, the sister of Lieut.. Sutton, whose
private inquiries resulted I'm the pro-
duction of a good deal of testimony
that has never been brought out, will
attend the investigation. Among tho
unconfirmed reports relative to Mrs.
Parkers connection with the case Is
one to the effect that she has recently
received from marine officer now
stationed in California information Of
great value to the Sutton cause.
The court will occupy rooms in the
administration building at the Naval
Academy when it begins its sessions
Monday morning. Capt. John Hood OF
the navy will be the presiding oficer.
Mai. Harry Leonard of the Marine
Corps will act as judge advocate.