Los Angeles herald., 1909-07-24
(By Associated Press.)

N navy practically rested it's case
a today in the investigation of the
death of Lieut.. James N. Sutton of
Portland, Ore, who was adjudged
s".cide by the naval board of inquiry
two years ago.
After a short session Commander
John Hood, president of the court of
inquiry, adjourned the hearing until
Monday.
With the exception of Lieut.. Harold
II. Utley and Surgeon C. f. Cook near
ly all the witnesses yet to be examined
are considered witnesses for the inter-
ested parties outside of the service.
She Suttons have contended that
neither a verdict of suicide nor even
one of accidental death could be based
on facts.
Mrs. Sutton and her daughter, Mrs.
Rose Sutton Parker, will both testify
next week.
So far four of Suttons brother Of
fieers in the marine corps have testi-
fled that they were present at the fight
between Lieutenants Adams and SUIT
ton, and each swore he saw Sutton
deliberately shoot himself in a supposed
fit of remorse after someone said he
had killed Lieutenant Rocker.
chauffeurs Testify
Two chauffeurs, William l. Owens
and Edwin Griffith, testified today.
Owens said he drove Sutton and a
party of officers from Carvel Hall to
the marine camp on the night of the
shooting and witnessed an alteration
and interrupted fist fight between
Sutton and Adams. He was told to
"beat it," he said. and did not learn
of the shooting until next morning.
Griffith, who had driven Lieutenants
Potts and another officer to the camp
just ahead of them, testified he met the
Sutton party on his way back. He did
not see any fight, he said.
Lieutenant Rocker. who is supposed
to have been hit with bullet from
Sutton's revolver, has not yet been
located, although his testimony is con-
sdered important.
Fifth Inquiry Day Opened
The fifth day of the inquiry into the
cause of death of Lieutenant Sutton
opened with Sergeant of Marines
James De Hart, whose ss-examina-
ton was continued from yesterday, on
the witness stand.
It was said today the Suttons would
call an eyewitness to the shooting,
who would throw an entirely different
version on the affair from any thus
far shown. 1t is thought this witness
may be Private Charles Kennedy of
the marine corps, now stationed at
Norfolk, Va.
Mrs. Rose Sutton Parker the sister,
is not expected to testify before next
Wednesday. She will probably tell in
detail the interview she had with
Lieutenant Adams shortly after her
brothers death, which Adams prac-
tically denied in his testimony.
Sergeant De Hart was called and
Mr.. Davis resumed his cross-eXamina-
tion. Mr.. Davis asked the witness when
he first saw Lieutenants Bevan and
Utley on the night of the shooting,
Just before Sutton had accosted me
saw Lieutenant Bevan running down
the road after Sutton shouting, You're
under arrest!'" said De Hart. 'I
don't remember when Lieutenant Utley
came on the scene.'
Testimony Contradictory
There are two contradictory things
in your testimony" continued Mr..
Davis "You say you accompanied
Lieutenant Sutton to the place where
the fight occurred for the purpose of
getting his coat, while you show you
had some knowledge of his relation to
some affair when you asked him to use
The witness said he went with Sutton
because the lieutenant ordered him to
go, and did not remember of having
any other reason for accompanying
Sutton. He could not remember
whether they found Sutton's coat or
not. Sutton ran on ahead of him, De
Hart said. 1t was soon after that he
heard the shots. De Hart could no-
remember how many shots were fired,
but he was certain they had all been
fired before he reached the scene and
saw Sutton's body. He could not re-
member how many or what officers
were in the group about Sutton when
he came up.
Negligence Is Shown
"You, as sergeant of marines. on the
ground near your barracks, came on
a group of officers, one of whom lay
on the ground, shot, the one you had
shortly before accompanied, and you
did not take sufficient notice to tell
ent were; is that right?' asked Mr..
Davis.
Eyes, sir.
Mr.. Davis wanted to know why the
sergeant took the revolvers handed
him when he was out of place with
the officers there and had previously
been ordered away
II took the revolvers as anyone
would take an object handed to him
suddenly / suppose l was nearest to
the man who had it," replied DeHart
at did not occur to you to say to
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