Los Angeles herald., 1909-07-23
CBy Associated Press.l

! n in the testimony of some of the
naval officers, who are witnesses
before the court of inquiry which is
! investigating the death of Lieutenant
| James N. Sutton. was emphasized at
dence as to the location of the bullet
wound which caused the young Ore
gonians death.
Commander Hood announced today
| the inquiry would adjourn tomorrow
afternoon until next Monday morning.
! Colonel Charles A. Doyen, command
| ant of marines, testified he examined
| Sutton's body Immediately after the
shooting, felt the wound in his head
and found the injury was located on
the right side, a little behind and on a
| line with the top of the ear.
| DR.. Pickerell said he thought Sut
ton might have inflicted the wound on
| himself but he made an awkward
| demonstration in the court with the
revolver to get the weapon in a posi-
tion that would have sent the bullet
into his head where he testified it en-
| tered Suttons head.
Mr. Davis, counsel for Sutton's
mother and sister. finished the cross
examination of Lieutenant Willing,
who was on the stand yesterday. Mr.
Davis tried to find out from all the
witnesses today what became of SUIT
tons two revolvers following the
| shooting. Colonel Doyen testified he
saw them and ordered Lieutenant Will
| ing to take charge of them, but he
| did not know what became of the
weapons until they finally got ints his
| hands at the inquest.
No Officer Wanted Guns
1t was apparent none of the officers
wanted to assume the responsibility
of having the weapons about him i'm
mediately after the shooting.
! Sergeant James De Hart of the Ma
rlne corps testified some officer who
| handed him a revolver with the curt
command to take this"
1t was dark and he could not see
who the officer was. Hart soon after
ward threw the revolver into the
| bushes on the way to the barracks
and on going out to look for it next
morning could not find it.
Lieutenant Bevan previously testi-
fed he was making his way to camp
! by "a back entrance" when he met
| Sutton prior to the shooting. DeHart
said that sutton carried two re-
volvers," and that he (DeHart did
not stop to talk with him long. The
witness did not know about the trou-
BILE Sutton had had in the camp but
]
| saw the two guns Soon afterward
! DeHart heard the shots and ran back
| to the scene. He could not remember
recognizing any officers then except
! Lieutenant Utley, who ordered him to
! the barracks.
II did not go then" he said, "but
stayed in the grass nearby out of
curiosity"
| Davis had not finished his cross-eX-
amining of DeHart when court ad-
| journed.
After the hearing had been closed
J Mr.. Davis notified Judge Advocate
| Leonard that in view of the fact that
| Sergeant de Hart has sworn he does not
! know who gave him the pistol, which
| he afterward threw away, the counsel
| for Mrs. Sutton will request that each
of the officers of marines who have al
ready testified by recalled, in order that
| each may be asked specifically: Did
you hand the pistol to Sergeant de
Hart?"
Willing Is First Witness
Lieut.. Edward S. Willing resumed
the stand today. Lieutenant Willing is
| said to be related to the Astors of New
| York.
Major Leonard, the judge advocate,
| issued an order not to allow any wit
ness who had not testified within 100
| I6el Oh lIle duullOIluln QOOT where the
| court is sitting.
| In answer to the request of the judge
! advocate, counsel for the Suttons an
| nounced that they had one witness
outside of those already subpoenaed
! by the government whom they would
! like to call. He is Charles Kennedy, a
| private in the marine corps at Nor
folk. Va.
Mr.. Davis read from the records OF
! the former inquiry. bringing out some
! discrepancies in Lieutenant Willing s
| testimony. The witness said his pres
! ent testimony was correct
"Then the former testimony was Civ
| en- on the same day of the shoting, and
some of it was reckless" was the lieu
| tenants explanation.
Witness Seemed Defiant
Willing at times seemed defiant, and
| answered the lawyers questions in an
! Indifferent tone at other times. He de-
clared: I can't remember what every
body said and did on that night. Nc
one could"
Davis handed a rusty 3S-caliber re-
volver to the witness and asked him II
he could Identify it as the one he picked
up on the edge of the parade ground
! the night Sutton was shot as he tes-
| titled Willing broke the revolver
| looked it over carefully, and said il
might be the same one. as the caliber
and a piece of the weapon were the
| Continued On rage rwOl