The Washington herald., 1909-07-23

Annapolis, July 22.-Dense mystery APP
peared to enshroud to-day the circum-
stances Of Lieut.. James y. Sutton S
death.
The further the examination has gone
the more uncertain has become the case.
AS an Illustration. sergt. De Hart de-
clared to-day that he was not near SUIT
ton when the young lieutenant died.
Attorney Henry f. Davis failure to set
what he wanted out Of Sergt. De Hart.
one Of the supposedly important witnesses
in the case. irritated the Sutton counsel.
First Lieut.. Z. S Willing, who was half
an hour late at the opening OF the morn
Ing session. was threatened with arrest
by Commander Hood. the presiding Of
ticer, in consequence. Outside Of that.
the proceedings were as dull as usual.
De Hart Us the man whom two wit
nesses. Lieuts. Willing and Bevan. have
testified was helping hold Sutton on the
ground when the shot that ended sut-
toms life was fired.
To-day nothing that any OF the sttor-
neys could DO would make De Hart ad-
NIT that he was anywhere near Sutton
when the shot was fred.
Severe GriIIing for Witness.
Davis went after the tall. slender. light
haired sergeant for all he was worth on
cross-examination. He told De Hart
that officers had testified that he was on
outton's back when he died. Through it
al DE Hart stuck to # that he did not see
Sutton die
Another matter that bothered Davis so
much that he IS going 10 caH back 20 the
stand every officer who was an evewit
hess Of the affair is De Hart's inability
70 remember who it was that gave him
the Smith p Wesson revolver Sutton -fs-
supposed 70 have carried. This Is the
gun that somebody deprived Sutton of
before he died.
De mart said to-day that when he ap-
peared on the scene the second time. hav-
ing been ordered away before, some off,
Ger handed him a revolver. Then some
Oody told him 20 so to the hospital and
get the ambulance
Threw Revolver Ayvav.
He started away with the revoI,.e- t,,.
on the way he realized that f. rn,7bt ~.
go weI with him IL the revolver uos
found in his possession.
so. on the impulse or The ,,,o.,,-.. ..
sad DE Hart 4 threw II on the parade
ground" p'' 'ue
VINO gave YOU that revolver, was
asked him several times
FlhaHy' pressed by Attorney Davis he
SAID From the night until to-d,v
nave never been able to remerbo- ~
gave me that revolver. asl,Ad IT,.
Ol-ey about It the next morning. could
nor even remember then. I realized tb,,
night after 7 had thrown the revoI,,o,.
away that l had done wrong. so 7 went
% % Lieut. Cuey and told him about Il
e 'oiu me 10 come TO him at davbreak
-. 7"oM MN Where the revolver was. /
went. but I could not find II.
Attorney Davis declares that bo ,-,..,.
10 call every witness back and 9D5 o,,s
VINO gave De Hart the revolver 60,
ously enough, Lieut.. Willing testlaed zoe
terday that he was the man v-bo +oi5
De mart 10 come 10 him at dovbra.l
Lie ADDED In his testimony. that De Hsrr
revolver lay "'ieie 'ne
De Hart Taking No Chance.
DE Hart gave the impression on The
stand to-day that he was taking ~
chanoes. Everything concerning his ov,,
connection with the affair thar bo 80,
deny he did deny. He said he met srttoa
with two revolvers shortly bsfora tbo
Hhal shooting occurred Then Sutton sav,
some one coming toward them and hrr
red on ahead to meet the approacbi,,
person
The next thing De Hart knew bo 49,,
shots and went in the direction from
which they sounded. There he ran int
knot of officers. The only one he racog-
nizsd was Lieut. Utley. who told him -
go back 10 the barracks He did NOT co
however, but hung around out NJ cr1ioe,'
ity. The next time he went bacl, Suttor
was lying on the ground. He was i'm
pressed with the idea somehow that Sut-
ton was not badly hurt
Admits He Was DRINKING
De Hart admitted that he had baa,
drinking that night. but he had his head
about him. He had felt a .lIttIe b,t
happy" but that was all.
Col, Charles Doyen. who was command
ing officer at the time. told of his con-
nection with the affair He was the first
man 10 say positively that the service re-
volver which is supposed to have baan
the one with which Sutton ended his life
was the revolver Sutton had procured
when he became attached to the marine
barracks here. He said that il was the
revolver for which Sutton's receipt was
held by the proper authorities. The rec
ords OF the post. said Col. Doyen. showed
that Sutton had suffered an arrest and
ten days suspension for fiourishing a
revolver at his brother officers in the
camp.
sutton Unpopular.
When he inquired into the cause Of
sutton's apparent loneliness he had been
told by one OF the junior officers that
Confined on Page g. Column a