The Montgomery advertiser., 1909-08-13
STATE CLOSES
SUTTON CASE
Government Makes no
Argument.
MEDICAL EXPERT ON STAND
Believes Gunshot Wound Not
Made by Sutton.
Lieutenant Adams Again Pantemimes.
Tragedy--Judge Advocate An
nounce. Government Ha.
mo Argument to Sub
NIT to Court.

Annapolis, Nd. Aug. l2.--After an
investigation extending over a period
Of more than three weeks, the naval
court of inquiry into the. death OF Lieu
tenant James N sutton, U. 8. VI. c.,
mere on October 49, 1908. finished the
taking of testimony today. Tomorrow
will be given over to the summing up.
It was stated by counsel that ergu-
ments will be completed tomorrows
The court will then prepare its re-
port and forward II to the Navy De-
partment
In connection with the CLOSING hours
today, Major Leonard, Judge Advocate.
finished speech when he stated that
he would have no opening address to
make in behalf Of the government un-
less something might be said by the
attorneys or other parties to the inves-
|>tigation that would require explanation
or reply. Commander Hood Presidept
OF the Board, said tonight that he did
not think the court would consume
much time in arriving at Its conclu-
sion.
The cross examination of DR.. E. NJ
Scnaefer, of Washington, d. c.. called
as an expert in gunshot wounds. was
finished this morning.
DIR. Edward M. Schaeffer of WASH
ington, called as an expert on gunshot
wounds. resumed the stand When
the court adjourned yesterday DR..
Schaeffer had shown on skull the
location and direction of the bullet
wound which caused the death Of Lieu
tenant sutton and had declared that
under the conditions established by
the testimony 1t would have been I'm
possible for Lieutenant Sutton to fire
the shot that killed him.
Mr.. Birney, counsel for Lieutenant
Adams, cross examined the witness,
and had him take position on the
counsel table similar to that occupied
by Lieutenant Sutton on the ground
when the fatal shot was fred, and
repeat. with 2 service revolver, a de-
day of the difficulty of firing under the
circumstances.
DR.. Schaeffer again declared that
with a service revolver and<under the
| conditions given Lieutenant Sutton
could not have shot himself.
Bfrney's Attempt Fails.
Mr.. Birney sought to learn from the
witness whether the bullet may not
have plowed the scalp wound which
and then turned and penetrated the
skull. DR.. Schaeffer said he had never
| known of such a case and that while
he would not say 1t is an impossible
| one, he would have to be convinced by
peculiar demonstration of its POSSIBLE
| ity.
Mr.. Birney repeatedly endeavored,t &c
make the witness say that the buf1ei
4 might have indicted the scalp wound
| and then tipped up" and finished Its
course through the skull. DR.. schaef.
fer said that II would be most unlike
| ly. though not impossible. Mr.. Birney
| then directed his efforts to the dis
credtbility of witness as an expert on
| wounds from bullets.
The fudge advocate, Major Leonard
asked IL the course OF bullet In a
wound could be at an angle to the line
of fire. -
| upon the location OF the wound and
! whether any bone or other hard SUBJ
stance were encountered. II the bull
let struck the scalp at an angie Of IS
degrees it would be most unlikely to
| then turn and enter the skull, but
that 1t might be possible.
Again PantOmimes Tragedy.
Lieutenant Adams again pantomimed
the shooting of Lieutenant Sutton, the
scene being re-enacted on the floor OF
| the court room, with Lieutenant Utley
| and Osterman and Sergeant De Hart
| placing themselves upon him. Lieu
| tenant Adams pulled the trigger of q
| service revolver, but DR.. Schaeffer de-
ciared that he could not thus have in
ficted a wound duplicating the one
which killed Lieutenant Sutton. This
closed the testimony.
Thereupon Major Leonard stated that
the Government had no argument TO
submit. He outlined the efforts of the
Government to lay before the court ev-
cry shred of evidence touching the
case. This having been done. he said.
he would not offer any argument I'M
less compelled by something that might
be said by the attorneys or other par
ties to the investigation.
Adjournment was then taken until
tomorrow morning at the request of
Mr.. Davis. counsel for Mrs. Sutton.