The Washington herald., 1909-08-19
COURT DECLARES
SUTTON SHOT SELF
Officers Cleared of Response
bility for Marines Death.
MURDER CHARGE UNSUPPORTED
Acting Secretary of the Navy Win
thrOp Approves Finding of Board,
but Joins Commander Hood in
Scoring Laxity of Discipline-Con-
gressiOnaI Investigation Hinted at.

Scoring Laxity of Discipline-Con-
gressiOnaI Investigation HInted at.
That Lieut.. James n. Sutton. jr., OF the
Marine Corps. came to his death by his
own hand either Intentionally or while
trying 10 XIII another, Is the decision
reached by the court Of inquiry which for
several weeks has been investigating
charges made by the dead officers moth
er, that her son did not commit suicide.
but was killed while fighting with num-
Der of his brother officers Regarding the
charges made by Mrs. Sutton that it was
case Of willful murder and conspiracy
to conceal, the court found they we're
purely imaginary and unsupported by
even a shadow OF evidence. truth. or rea-
son.
The state Of discipline existing at the
Marine School of Application prior 10 and
at the time OF the Sutton affair IS Sc
verely criticised by Commander John b.
Hood, presidenZof The court. IN a miner
ity report Maj. Leonard, judge advocate
Of the court. tried 10 get the entire court
10 comment on the lax state Of discipline
I but the other members would not con
sent. so Commander Hood expressed his
opinions ir a report Of his own.
Acting Secretary OF the Navy Winthrop
In acting on the findings. al of which he
approved. supported Commander Hood.
and added caustic comment Of his own
concerning the state Of affairs at Annapo-
lis al that time.
Merely "A Curtain Raiser.
Henry f. Davis. attorney for Mrs SUIT
ton. said yesterday afternoon this investi-
CATION has been merely a curtain raiser
/ FOR what is 10 come He contemplates
I further action IN behalf Of his clients.
but just what he plans to do he will not
say. There have been rumors that the
Suttons viii eDdeavor TO get a Congress
sional investigation.
As far as the Navy Department IS con-
|cc~ned. there is nothing more TO be done
/ The court. while declaring that certain
officers failed I'm their duty. recommended
\ that no further action te taken in the
matter. and this recommendation VIII be
/ followed. as far as the young officers di-
rectly involved are concerned. There is
Ia slight possibility that those in com
mand OF the marine barracks at An
! napols al the time. and who were oil
trectly responsible for the lax state OF dis
cipline. may be called upon TO defend
/ themselves for neglect Of duty. but Act
ling Secretary Winthrop said late yester-
|day afternoon this was not probable Mr.
. Winthrop added that the lack of discipline
during that period is ny no means char
acteristic Of the Marine Corps and that
/ to-day conditions throughout the corps
/ are excellent
Mrs. Rosa B. Sutton and Mrs. Rose
sutton Parker. mother and sister OF the
dead lieutenant. respectively. are IN
/ Washington. They VIII not discuss the
I decision further than % say they are not
much surprised. The two women have
| been fighting 10 clear Lieut.. SuJton's
name OF the stigma Of suicide which the
B first court OF inquiry declared it 70 be
principally for the reason that they wish
+ cd the young man 90 be buried in conse-
/ Grated ground Whether this new de-
/ cisiCD. which holds that the man may
have killed himself uniotenuonallv while
/ trying 10 shoot another person, viii make
I any difference in this respect is a matter
which must he decided.
/ The proceedings I'm the Sutton inquiry
/ were delivered 10 the Navy Department
/ Monday morning Capt. z. II Campbell
/ took the papers and reviewed the case.
/ He submitted the whole matter 10 the
/ Acting Secretary yesterday. with the rec
I ommen5ation that the court OF inquiry
and the opinions OF Commander Hood. as
/ expressed in his minority report. be ap-
/ proved in acting on the case and the
| recommendation or the judge advocate
/ general. Mr.. Winthrop said:
Recomm en- ndations Approved.
"The above recommendation OF the
I judge advocate general are approved.
BY its concurrence in the opinion Of
the court and OF that expressed I'm the
minority report. the department indicates
its thorough disapprOyal OF the lax state
OF discipline shown by the evidence to
have existed al the Marine School Of Ap-
pl,catiou prior 10. and at the time OF. the
death ot Lieut.. sutton.
The results Of this laNitv have brought
serious discredit not only on the officers
directly responsible for the efficiency OF
tie institution, but unfortunately on the
Marine corps as a whole"
In It's report TO the Navy Department
the court is clear IN its statements OF
7 fact opinions. and its recommendation.
I The report says.
After due consideration OF the testi-
nCny, in the taking Of which the widest
latitude was allowed to all parties con-
cerued with the object OF bringing out
every possible bit of testimony or fact
that might in any way bear on the sub
ject matter under inquiry. and after care
fully weighing all the evidence, which.
as might be expected after the lapse Of
time, and I'm view Of the excitement under
which the principal witnesses were Ia
boring at the time OF the occurrence OF
the matter under inquiry, Is peculiarly
mixed and contradictory in details. the
court finds certain facts standing out
clearly, distinctly. and beyond all dispute
or cavil, and does so report"
Then, under the heading Of facts,
comes the story Of the affair as the
court figured il out First, the court
found there was a quarrel in which
Lieut.. Sutton used filthy language. un-
becoming TO an officer and gentleman
toward Lieut.. Adams. and in the presence
az their senior. Lieut. Ttley, and that
Lieuts Ctley and Osterman prevented a
fight Because Of this interference, Lieut.
Sutton attacked Lieut.. Osterman, calling
him vile name and striking him from
behind. Lieut.. Sutton. the courts report
recoUnts failed 10 obey an order from
Lieut.. Utley placing him under arrest,
and ran 10 his tent. threatening to shoot
all present, and armed himself with two
.5S-caliber revolvers.
Says lie Ran Amuck.
Having possessed himself Of the revol-
vers, the lieutenant, TO use the courts
term. ran amuck. threatening all, after