The Washington times., 1909-08-06

next morning and YOU told him not TO
mind about hunting for the gun, and
giving him to understand that u had
been found. How about that2
Il recall no such conversation.
Il Don't Recall"
''De Hart says he is positive It was
you to whom he talked about the gun,
and that you told him to cease mis-
search.
IT have no recollection of that" said
Utey.
In many forms similar questions were
put. and received the same answer.
Did you have this one talk with De
Hart that night or tie next morning %
pressed Davis.
THAT night. I recall nothing about
a conversation with De Hart the next
day.
de Hart says he asked you the next
morning If YOU knew who gave him the
gun that he had thrown away and you
had said that you didn't and had drop
ped the matter with that. Is that cor
reCt?''
Il don't remember any such occur
renee
''WiH 1t refresh your memory. now
that you say De Hart was not on the
scene when Sutton was shot, to inform
you that ne has declared you sent him
for the hospital steward?' urged Mr..
Davis
7 cont recall giving any such or
der"
"De Hart testified you ordered him
TO the barracks next. Did you?"
Il don't recall doing so. Ny only
recollection OF seeing De Hart that
night was when I came upon him and
Sutton before the fight, when he was
trying to quiet Sutton. I don't recall
seeing him again"
Tells Another Story.
Mr Davis reminded the witness that
he himself had testified at the former
inquest, to sending De Hart to the hos
pitaI Utley again explained that that
was his recollection then and that to-
days testimony was his recollection to-
day. He made no EFFORT to reconcile the
two.
Other. discrepancies were next empha-
sized between Utley's original testi-
mony and his present statements. Be
fore he said De Hart was on sutton S
body, as De Hart admits. when Sutton
died. This time he says not.
Before Utley declared that he was
turned toward SuttOns feet when the
shot was fired, and that he was search
ing the prone mans holster for another
gun. This time he said he was at SUIT
tons head and trying 10 catch hold
of the latter's hand. pinned under him
Il was at this point that Mr.. Davis
after putting the question several times,
drove home the fact that Utley had
hold of Sutton's arm, and was attempt
ing to reach his gun, when the shot
was fired
as it not true, lieutenant" asked
Davis, that you had your hand on
Sutton's arm, and his arm was in mo-
ton to escape you when some one cried
out. Rocker IS shot and that Just
then the fatal shot was firedg'
yes, as I recall it, his arm was go
ing up. vas in motion, when the some
one called out about Rocker"
Not Intentional
According to your definition OF
suicide, lieutenant, you merely meant
that Sutton had shot himself. You
did not mean 70 say it was inten-
tionaI?"
''No. I don't say today that the
shooting was intentional" said Utley
In his direct examination, Utleyi
asked If he knew Private kennedy
rad volunteered the information that
kennedy had once busted" on his ex-
animation for a cOFpOralShlp, and that
he UUey) had recommended that
ICennedy's application be refused.
Mr.. Davis tried to obtain an al
mission that this statement was
volunteered to discredit Kennedy be-
cause he had given testimony.