Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-07-31
Threatened by Davis, Ms,
Sutton's Couse|.
Protests Against Order Of The
Naval Court Of Inquiry.
Says Ne VIII Handle Case Without
Gloves II He Prosecutes.

Washington, July 30.-Henry E.
Davis. counsel for Mrs. James N. SUIT
ton, in the naval court of inquiry
which has been making a new inquiry
into the death of her son, an officer in
the Marine Corps, two years ago, has
formally protested to the assistant Sec
rotary of the navy against the courts
ruling that. Mrs. Sutton should be re-
garded as an accuser and the officers
with her son ON the night of the TRACE
dy as defendants
Assistant Secretary Winthrop has
not yet officially acted, but is disposed
to, sustain the courts ruling as quite
within the authority of it's preeept to
ascertain the fact in the light of evil
dence which Mrs. Sutton declared pre-
viously had not been considered. Mr.
Dayis threatens to withdraw from the
case and to precipitate a tremendous
naval scandal if the ruling is not re-
versed.
To the navy department Mr. Davis
letter outlines Mrs. Sutton's conten-
tions that she should not be obliged to
assume the role of accuSer in the pro-
ceedings. He asked the department as
converting authority to instruct the
court that it went outside it's power to
set forth in the precept when it chang
ed the alignment of Mrs. Sutton's story
and night concerned from witness to
accuser and defendants
Mr. Winthrop said he would go into
the matter more deeply before replying
to Mr. Davis. He was convinced that
the ruling of the court had been quite
regular and that there was no occasion
for action by the department. He re-
ferred Mr.. Davis letter to Captain E.
H. Campbell, judge advocate general of
the navy, who shared in the view of
Mr.. Winthrop. This is to the effect
that Mrs. SuttOn's letter accusing the
| officers of numbering her son was prop
| erly introduced as evidence and made
| it clear to the e MT that Mrs. Sutton S
testimony on tn" stand should be
heard by Lieuten US Adams, Bevan,
| Willing and OsteI Lll1 and Sergeant
De Hart, who were = it'll Lieutenant
| Sutton at the time Of his death, and
were held by Mrs sutton to be re-
spOnsible.
Mr.. Davis considers the ruling of the
court changing the method of proceed
ure as preposterous. This brings about
what naval authorities termed the in
| evitable conflict between naval and
| civil jurisprudence. There are hints
| of exposing a great scandal by Mrs
| Suttons attorneys and the reiterated
| statement of Mr.. Davis that he may
| withdraw from the case.
| Il am astounded incensed and out
| ragged at the courts ruling, said Mr.
Davis today. Il cannot say at this
| time whether I will remain in the case.
My decision in that matter will not be
made until l learn what action the
navy department takes with regard to
my formal protest against the ruling of
| the court. But you can say that if ]
am placed in the position of a prose
cutor in this case kid gloves will be
conspicuous by their absence
Mr.. Davis made a point respecting
the standing Of Lieutenant Howard Fl
Utley, to await whose arrival from
| Europe the court adjourned.
| IF the navy department allows my
protest and Utley goes on the stand
rs Witness" he added, "he must not
| Be allowed to communicate with any
of the officers who have testified nor
to discuss the case with any one, nor
have access to any testimony
But II declared a defendant he can
examine all the testimony and can
confer with his fellow defendants This;
would nullify absolutely the usefulness
of one of the most valuable witnesses
| in the case