The Barre daily times. (Barre, Vt.) 1897-1959, 1909-08-07
Now Says He Was Feeling
for SuttOn'S Gun
WHEN FATAL SHOT CAME
Judge Advocate Explains--Denies He
Was Trying to Silence Witness
IN Informing Him Of
Rights.

Annapolis Md, Aug. Z Lieut. Harold
II. Uuey Of the marine corps was re.
called at the opening Of yesterdays ses.
sion AZ the investigation Of Che death
Of Lieut.. jones NJ sutton Of Portland,
Ore. before the naval board Of inquiry.
Henry Il. Davis. counsel for Mrs sutton,
Lieut. sutton's mother, continued the
cross examination Of the witness which
was interrupted BY adjournment Thurs.
day.
Major Leonard the judge advocate,
arose to make a statement before Mr..
Utley began to testify
Il want to 60 on record that under the
law and regulations, had to instruct
Lieut.. Utley Of his rights as defend.
ant that he did not have to answer
questions which might tend to incrimi.
nate him. said Major Leonard. Some
Of the newspapers have said that ! tried
to stop the mouth Of this witness, and
| want this statement 10 appear here in
justice to myself
M Davis took the witness back Is
the scene Of the tragedy near the marine
barracks and questioned him closely
about the incidents leading up 10 the
shooting, emphasizing the discrepancies
in Utley's testimony Of Thursday by
reading from tie testimony Of Che other
officers who were there
Reading from the testimony Of Lieuts.
Willing and Began and Sergt Dchaft.
Mr. Davis brought out many things
which they testified that Lieut.. Utiey
did and said on the night Sutton was
shot, 81 which The witness had no pres.
eut recollection
Did Dehart come % you after the
shooting and tell you someone had hand
ed him a revolver and be had thrown
it away. as he testified 3 asked Mr. Da.
Wis
4 do not remember any such CONVEX.
sation Lieut.. Utley replied
Didn't Dehart ask you the next morn
inp TO tell him who had handed him
the revolver ana you said that You
didn'tsa
10. ! don't recall any conversation
ike thai
Utley could not remember that he had
seen Dshart at the scene 81 the shoot.
ing and ordered him to report at tine
barracks and afterwara 80 for The hos.
pital surgeon, as Deharl testified. Mr.
Davis had the witness stand mp and Il
nstrate the position and tile motions
he made 10 the strugga with Sutton on
the ground just before sutton was shot
nv. Davis read from ltley's testimony
at the inquest following the death 1t
Sutton.
Yoa said then that you saw SOMEONE
wrench a revolver from Suttogs band.
heard someone Say Get the other gum
and in your effort 10 do 80 son went
toward Suttons feet and turned and
saw the flash Now you say that YOU
were kueeling on sutton left shoulder
and feeling under his chest for bis hand
when sou saw him raise his arm and fire
the shot that Killed him. Which Isl
rghtgg asked ar Davis
Utley aid he was testifying from lis
best recollection AZ the inquest and was
doing So now Commander Hood, presi
dent Of tie board. asked the witness
which WAS correct according to bis pres
ent recollection.
GAS ! reeolleet now | was feeling for
the gun when the flash came. replied
Lieut.. lItley,
Both Commander Hood and Mr. Davis
dwelt on this point for some time
Referring 70 che revolver which disap
peared on the night Of Che shooting. and
of which All the witnesses 50 far have
diseaimed any knowledge Mr. Davis
asked the witness II he knew who had
taken IT. t'tley said he did not, and
that the next time he saw Il was when
he made an inventory Of Snttons effects
Just before the inquest This was the
Smith & Wesson small revolver and not
the big Colt service gun
"That was the revolver which was the
dumb witness Of Sutton's death, wasn't
it4" asked MI Davis.
Yes, sir, | believe so,n responded Ut
ley
Unless someone afterward placed 1t
in the holster asked MI. Davis.
Mr. Davis finished his cross-sxamina.
ton Major Leonard asked the witness
il he was positive that no other hand
except Smtton's. Is Fire the
shot which Killed sutton.
Il know ! didn't touch his hand. and
no one else did as recolect it, replied
Lieut.. Itley.