Los Angeles herald., 1909-07-20
PROBE IS AGAIN
INTRODUCED INTO
SUTTON TRAGEDY
DEATH OF FORMER LIEUTEN'
ANT SUBJECT OF INQUIRY
MOTHER OF VICTIM BELIEVES
SON WAS MURDERED
cIassmate of officer Testifies, and
Statements Are Shown by Counsel
to Be Contrary to Former
Testimony
tBy Associated PrcssJ


4 NNAPOLIS. Md, July 19.-The
II opening session here today of the
"A court of inquiry conducting a sec-
ond investigation into the death Of
Lieut. James n sutton of the United
States marine corps was replete with
dramatic situations.
Lieut.. Robert E. Adams, Sutton's
former classmate at the academy, and
one of the principal actors III the mid
night fight, which cost young Sutton
his life nearly two years ago, told
graphic story.
With nervous demeanor and yet al
most defiant under the severe cross
examination of Henry e. Davis, coun-
sci for Mrs. Sutton, mother of Lieut.
sutton, Adams sat facing Suttof's
mother and sister during the examina-
tion.
At one point Lieut.. Adams and an
orderly enacted the struggle with SUIT
ton. The witness chair was removed
and they both lay prone upon the floor.
The witness was still under cross-ex-
animation when the inquiry adjourned
until tomorrow
Mr.. Davis succeeded i'm bringing out
a number of discrepancies in Adams
testimony compared with his version
of the tragedy at the former investi-
found Sutton had committed suicide.
Testlfles to Alteration
Adams testified regarding a ride to
the marine camp in an automobile with
Sutton and two officers of marines
Lieuts. Utley and OsteFman, an alter
cation between Sutton and the witness,
and a deferred encounter when the
senior officer interfered. later acci-
dental meeting of the witness and SUIT
% A1,A dc WNnIl -
the barracks. and the fight between the
two men with Sutton armed with re-
volver in either hand and firing five
shots, the last of which he directed at
his own head while lying on the
ground.
Adams said he had risen from the
PROSTATE form of Sutton, whom he be-
lieved to be exhausted. and saw sutton
raise his right hand and fire a bullet
into his own head.
Just previously an officer had cried
that Lieut.. Edward p. Rocker had
been shot and killed. the witness said.
After the session Mr.. Davis said it
was not his intention to fasten the re-
sponsibility of Sutton's death on any
one, but that every effort would be
made to discredit and refute the sui
eide theory.
Rocker is an important witness who
has not yet been located. His mother
accepted service of subpoena for him
in Washington, it was said. but his To-
cation is not known. He left the serv-
ice soon after the Sutton tragedy.
Court Opens Early
The court of inquiry opened at 10
o'clock today. Lieut.. Suttons death
October -, 1907, resulted from a pistol
shot wound in the head. The bullet
afterward found within the skull ap-
parenuy was the same as used in the
regular 3S-caliber service revolver.
Immediately following the fatality an
investigation was made by the naval
academy authorities, with the result
that Lieut. Sutton was officially re-
corded as having committed suicide.
Since then the mother and sister of tha
dead lieutenant have been unremitting
in their efforts to have the case re-
opened. This morning they were re-
warded when the second investigation
began with the opening of the court
of inquiry. composed of Commander
John Hood, u. S. N, president; Lieut..
Harry n. j. Ensen, u. S. N, and Maj.
c. Wendell Neville, U. S. M. c., with
Maj. Henry Leonard. u. S. M. c., judge
advocate. The latter has declared the
present Investigation will be most
thorough. and when it is concluded
there viii be no doubt in any impair
tia1 mind as to whether or not Lieut..
Sutton committed suicide.
The court of inquiry organized In the
academy and then adjourned until II
p. m. Fifteen witnesses who were sub
poenaed by Judge Advocate Willard
were all present when court opened
today.
Relatives viii Be Present
Mrs. James N. Sutton, mother of the
dead lieutenant, and her daughter, Mrs.
Hugh A Parker, accompanied by their
counsel, will be present at the organ
ization of the board. Counsel for Mrs
Sutton and Lieuts. Adams and Oster-
man asked the privilege of cross exam
lining all witnesses, which was granted.
Maj. Leonard announced that prob
ably long daily sessions would be held
after today.
Lieut.. Adams, the first witness. said
he attended the dance at the academy
the night of October 12 1907, and after
ward went to Carvel hall with Lieuts.
Osterman and Utley. There they met
Lieut.. Sutton and started in owens
automobile from Carvel hall with SUIT
ton to the marine camp.
'We went over the College creek
bridge" said the Witness land going
over the bridge the machine was max
ing considerable noise, and as we were
out after hours, 12 o'clock being the
limit, Lieut. Utley suggested we stop
the machine and walk so as not to be
caught. I reached over and touched
the chauffeur and told him to stop,
sutton called me d--n fool and said
he would lick HI out of me- I un-
fastened my collar and jumped out
Sutton and others got out, and as we
were preparing to fight the senior Of
fcer stepped in and ordered us to stop,
and said we could fight it out the next
morning.
Officers Engage in Flsticuffs
1--WE started for the barracks and got
under an electric light when Sutton
and Osterman struck each other sew
eraI times before they could be sepa
rated. / stood from fifteen to twenty
five feet away during that time From
there we went by the old road to the
barracks to report to the officer of the
day, leaving Sutton behind. He refused
to go with u.s. l told Osterman on the
way over If l had known, as 1 heard
then, that Sutton shot up the camp
CONTINUED Page TwOI