Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-27

claim for reopening of the case on the
ground that new evidence had been dis
covered that was not presented to the
first board of inquest; that the evidence
before that board left reasonable doubt
as to the suicide theory and concludes
with the statement:
vinces nae that my son did not kill him
self. but was killed by one of the officers
present at the time he died
Mrs. Sutton Ready to Speak.
When Maj. Leonard read this letter to
the court Mrs. Sutton had just been call
ed to the stand. She had been sworn by
Commander Hood, the presiding officer:
had given her name as Rosalie Sutton
and her permanent address as Portland,
Ore.
Instead of taking the regular witness
cha r. which would have placed her back
toward the audience. Mrs. Sutton elected
to occupy the chair she has occupied
since the inquiry began.
There, facing the audience and the navy
women, who have occupied the front row
in the auditorium since the inquiry be-
gan. the mother braced herself to face
unSympathetic scrutiny.
Then came the bomb The letter had
been read AS he passed it over to the
official stenographer. Maj Leonard said:
May it please the court. | move that
Mrs. Sutton Is made complainant in this
inquiry and that all the officers present
at the death of Lieut.. Sutton be made
defendants and accorded the right 20 be
present during the proceedings of this
court and to cross-examne witnesses"
Davis Fights Motion.
When Mr.. Davis arose to object to the
motion of the judge advocate he showed
plainly that he had been taken abso-
lutely by surprise.
In the proceedings so far, he said, there
had been no alignment of the interested
parties as either compliments or de-
PENDANTS. The precept to which the court
owed its existence has made no sucn
alignment, and, he argued, If the court
made the ruling asked by the judge ad-
Nocate ii would exceed its powers under
the precept and disintegrate the court.
The question involved. declared Mr..
Davis, had been brought up at the hrst
session of the court. when Capt. Thomas
NJ. Brown of the Marine Corps, counsel
for Lieut.. Adams. had asked the court
if Adams would be considered a defend
ant In reply the court had ruled that
Adams was not defendant, but an in
terested party.
II entered into this inquiry with an
open mind said Mr.. Davis land stated
emphatically at the outset that l was not
attempting to fasten the guilt of Lieut..
Sutton's death upon any person or per-
sons. Should the court decide in favor
of the judge advocate in this matter.
would be placed in Ii most awkward posi-
tor position that / cannot be sure
that / would be willing to assume.
Accusation of Laches.
He further declared that the proper
pace for the introduction of Mrs. SUIT
tons letter was at the beginning of the
proceedings. since its acceptance would
necessitate rehearing of the whole case
that five men, suddenly turned into de-
PENDANTS. might hear all the evidence
and be represented by counsel
After short consultation the members
of the court rendered their decision.
I.ieuts. Bevan, Willing and Osterman
and Sergt. De Hart. who were In the
corridor outside, awaiting possible sum
mons as witnesses. were called In. They
ranged themselves in row at the lower
end of the table and were notified OF
the decision of the court
Mr.. Davis suggested that I'm view of
the sudden change In the nature of the
inquiry 10 possible action could be taken
until the arrival of Lieut. Ctley.
My position In this matter is changed
on the instant, said Mr.. Davis. II am
forced either to withdraw from the case
entirely or to accuse some one. Lieut..
Utley Is on the way here as q witness.
When he arrives he will find himself
a defendant. If l am asked whom I am
r..
now that have any relation whatever
to this proceeding"
Mai. Leonard Explains.
In reply to Mr.. Davis statement that
he should have laid the Sutton letter be-
fore the court at the beginning of the
proceedings. Mai Leonard said that his
move was the result of a carefully
thought-out plan. He could not be re-
f~;l
ure to inform her counsel of the exist
ence of this letter or of her statements
regarding her belief that some one officer
murdered her son.
After the court had adjourned Maj.
Leonard explained that he held the letter
back because he wanted Bevan. Oster-
man. Adams and De Hart to give their
stories as witnesses without being placed
in position where they might be sub
jected to bias.
Utley Need Not Testify.
One OF the striking features of the
change in the proceedings is that Utley.
whose testimony has been awaited with
the keenest interest, need not now testify
at all. Furthermore. he could vacate any
findings of the court. based upon the pro-
.ceedings as conducted up to date, as be-
ing prejudicial to him. since they We're
conducted in his absence and without
permitting him to be represented by coun
sci.
That the case will be continued at all
after the arrival of Utley is not Ger
tain. Todays proceedings ended in a
ccndit bordering on confusion.
Attorney Davis is absolutely at sea. He
Will return to Washington this afternoon
to think il over.
While the Washington lawyer did not
say SO. he was apparently totally ignorant
of the existence of the letter sprung by
the judge advocate. AS he stated to
the court. so he stated to The Star re-
porter at his offices in Washington a
week or more before the inquiry began.
He did not enter the proceedings with
the idea of fastening the blame for SUIT
tons death upon any one. Nor is he
willing to be forced into the position Of
a prosecuting attorney.
Officers Involved on Trial.