Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-23

the original court and before the present
court and hammered the non-commission-
ed officer to the point where a less self
possessed man would have gone to pieces.
The commissioned officers who have tes-
titled at the inquiry showed signs of en-
barrassment and nervousness under less
than half the grilling that De Hart got
from the Washington lawyer. But not
once today did the sergeant weaken. al
though yesterday he quailed somewhat.
The battle between the criminal lawyer
OF long experience and the enlisted man
In the Marine Corps VIII be remembered
a long time by those who witnessed it.
De Hart was always polite and answered
the attorneys questions with almost in
variable promptness.
Mr. Davis went at the witness with the
evident belief that De Hart was not tell
Ing all he knew and with the intention OF
wringing from him facts he thought De
Hart was trying to cover up.
But when he got through he had not
made dent in the serseant's original
story.
De Harris Memory Fails.
He forced De Hart to admit that he had
forgotten many events of the night of
October IL which it was reasonable to
suppose he ought to remember wildly.
That was all.
Il don't remember" De Hart said in
answer to dozens of the attorneys cues
tions. Mr.. Davis could not get behind
that answer.
And the interesting feature of De Harris
testimony is that it cannot possibly get
anybody into trouble, unless it is the man
who handed him the revolver while SUIT
ton was lying on the ground. This was
the Smith & Wesson revolver, said to
have belonged to Sutton and to have been
used by him the night he was killed.
Try as l would 1 have been unable
from that time to this to remember who
gave me that revolver De Hart told
Davis. with the only show of aggressive
ness he made during his whole examina-
ton.
1t is the tracing of this revolver that is
causing a good deal of trouble. De Hart
says that when the officer gave it to him
he started for the hospital. having been
ordered to fetch the hospital steward. On
the way across the grounds it occurred to
him that it would not look well if he
were found with it, SO, on impulse of the
moment. he threw it away.
Later during the same night, before he
went to bed, he decided he should report
10 the officers his action. So he went to
the officers camp.
The first man he met was Lieut. Utley
whom he told of his disposition of the
revolver. Utley told him, De Hart says,
to meet him (Utley) early the next morn
ing and show him where the revolver
was. De Hart went to Utley as directed
at daybreak, but Utley told him the re-
volver had been found.
Lieut.. Willing testified that he was the
man that De Hart told about the revolver
and that at daybreak he and De Hart
went together and found it.
Throughout his rigid cross-examination
today and yesterday De Hart stuck to it
that he had never said a word to Willing
about the revolver, nor had he met Will
ing and showed him where the revolt
YER was.
Utley May Clear Up Point.
The general impression among the of
ficers involved in the affair is that Utley
was the man who handed the revolver
TO De Hart. But Utley is on the high
seas. If when he comes he testifies that
he gave De Hart the revolver, the ques-
ton will be cleared up.
Mr.. Davis considers this point of so
much Importance that he intends to recall
10 the stand Adams, Bevan, Willing and
Osterman. and ask them separately if
they gave De Hart the revolver.
Interest in the whereabouts Of former
Lieut.. Rocker. who before the trial be-
gan was looked upon as a vitality i'm
portant witness. has subsidized and neither
side or the case appears to care whether
he shows up or not.
According to one of the officers, Rocker
had been out alore having good time
on the night of the tragedy. He was not
with any OF the men involved in the
AFFAIR, and entered into the case only
when Bevan found him and Sutton in
front of Sutton's tent.
Rocker was feeling pretty good that
night" said one of the officers. After
Sutton left him he just blew along be-
hind to see what Sutton was going to do.
He reached the scene just in time to
get bullet against one Of his ribs. It
knocked him unconscious. When he came
to he did not remember what had hap
pened at any stage Of the proceedings
With the testimony of De Hart the gov
ernment's case can be said to have been
concluded.
or course. the court is merely a court
OF inquiry. There is no prosecution about
1t. Nevertheless. even it no one man is
being accused. the United States Marine
Corps is on trial. The officers who have
been testifying until today are counted
on to hold up the reputation OF the corps
by their evidence.