Evening star., 1909-08-20
Mr.. DAVIS As CRITIC
OF SUTTON VERDICT

II this statement or Adams oe true,
obviously the fatal shot was not nreo
from the Colt revolver.
2. 1t was agreed on all hands that I'M
mediately prior to the final encounter SUIT
ton had two revoivers, one Colt and the
other a Smith & Wesson. and that be-
fore the fatal shot was fired somebody
had taken one away from him, and an
attempt was being made to get the other
at or Immediately before the fatai shot,
and also that the revolver in Sutton
right hand was the Colt.
Referring to his testimony before the
board Of inquest, Adams said before the
court Of Inquiry: 'I think In my former
testimony told that 1t seemed as though
he shot when he pulled the revolver out.
that he pulled the small revolver out; but
how the change came about ! do not
know"
Again, he said before the court Of in
quiry. MY impression Is that the shot
he fired with which he killed himself
ing the Smith & Wesson: and again
NY impression is that it was from the
little pistol. He had that pistol in
his right hand. which he did not have
when l first rushed at him.
And still again. in answer TO the Gues-
ton. when you state that you next saw
the revolver with which Mr.. Sutton had
supposedly shot himself. you saw it at
the court Of inquiry. did you mean the
service revolver or the small revolver
he answered "The little revolver: and
he said further: ut Is my opinion that
he used the small revolver Ac-
cording to my best recollection, 1t was
the small revolver. the same one tha,
I saw in the courtroom the next day.
Too Obvious for Comment.
The significance of the fact that Lieut.
Adams, the only witness who stated that
he saw Sutton in the act OF shooting him
self. thus Identifies the Smith & Wesson
as the revolver used by Sutton in the al
legged act. Is too obvious for comment.
Before the board of inquest Adams
said: when the rest came up l got
up and turned around and saw MI
Rocker lying on the ground with his
face down, apparently unconscious, and
then I remarked. My heavens. Is Roei-
ker killed. and just as l said that
Lieut.. Sutton made sudden move with
his body, pulled his right hand from
under his body and placed the muzz1e
of the pistol about four inches from his
head and pulled the trigger and again,
Il can only state that Lieut.. Sutton
pulled his arm from under his body,
held the muzzle Of the pistol about four
inches from his head and pulled the
trigger"
Before the court of inquiry, while un-
der examination by the judge advocate,
ADAMS stated: Il was trying to force
him to the ground and then some
body said something about Rocker. and
/ turned around and there was Rocker
on the right side of the road Mr..
Roelker was apparently dead SAID,
My God. has he killed Reddy? or Has
he killed Rocker? and as ! said that
Sutton turned his head and pulled
his pistol out > and I saw a FASH
The position of Adams with reference
TO Sutton at this time, as stated by
Adams himself. was that he was on SUIT
toms right and nearer to his feet than
his head, and that Rocker was of to his
tAdams) left some distance from SUIT
ton, so that II Adams was looking at
Rocker at the moment, 1t Is obviously
impossible for him to have seen Sut.
= especially significant that neither Will
ing nor Beyan, who were near Sutton's
head and. respectively. on the right and
left sides Of him, said ANYTHING about
seeing the alleged act OF Sutton In fir-
ing the shot
F'ourth-As above stated, all agree that
st the time Of the fatal encounter Sut-
ton had two revolvers, one of which was
taken from him. sergt: DeHart testi.
and the court of inquiry, that shortly be-
fore he was sent for the hospital stew
ard some one in the party handed him
a pistol, and this subsequently, proved to
be Sutton's Smith & Wesson His only
ed 1t to him was his statement that the
person was on the side toward the pa
rade ground from Sutton, on which side
all agree that the only persons were
pistol into his trousers pocket. and. as he
said, because he felt that its possession
by him might prove embarrassing, he
threw II away, which fact the same night
he afterward reported to Utley. With
this statement Utiey agrees, although
Willing says II was him hat De Hart
reported the fact and Willing adds that
he and De Hart hunted for the weapon
the next morning; De Hart says that he
UtIey told him that sthey" had It, Ken
nedy testified that he saw Utley pick II
up, and Col. Doyen that Ctley gave 1t
to h'ua. DeHart stated that he asked
Utiey the next morning who gave the
but said that he Otley) did not. Col
Doyen said that the fact that the weapon
was missing was not disclosed to him
that night; Every , one OF the the accused accused
hesitation that 1t was not he who handed
the weapon to DeHart.
Surely comment upon the courts utter
failure to deal with this pregnant in
cident would be superfluous.
.. In its fifth opinion the court says:
That the charges Of willful murder and
conspiracy to conceal Is made by the
complainant. Mrs. Sutton. mother of
Lieut.. Sutton. are purely imaginary and
unsupported by even shadow of evil
dence, truth or reason"
Apart from the fact that the average
civilian mind will have some difficulty
in comprehending this statement, In view
Of what above appears. the court of in
quiry was not convened to try any sup
posed charges by Mrs. Sutton, but. as
the pfecept reads, For the purpose of
inquiring into the circumstances attend
ing the death of uieut. Sutton) and to
fix the responsibility therefor" and in
my summing up ! said: Let US wipe
out this frantic mothers accusations, I
We are not trying those; We are not try
ing her. Every scrap Of testimony that
could be got from the four corners Of
the earth, q have the Judge advocates
assurance for II. and I believe IL, has
been put before this court to enlighten
this question, and on that testimony, and
en- the facts that that testimony tends
to show. your Judgment is to rest. and
on nothing else"
Courts Opinion Gratuitous.
I presented the case to the court ac-
cordingiy. and dealt exclusively with the
testimony which had been delivered be-
fore the court, and upon that testimony
sought the judgment for which I con-
tended, namely, that Lieut.. Sutton did
not die by his own hand, whether inten-
tionaiiy or accidentally, and the courts
opinion Immediately under consideration
was and is wholly gratuitous.
And this leads directly to a considera-
ton OF what ! have characterized as the
judge advocates handling Of the case
The cour, convened Monday. the 10th Of
1.rlS- Cot Iaxr he % Y,,y. to-