The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-07-31
FOUR LIEUTENANTS
MADE DEFENDANTS
Navy Department SuStainS
Action of Inquiry Court.
OFFICERS HELD RESPONSIBLE
II Found TO Have Been Responsible
for Death of Lieutenant, They VIII
BE Brought TO Trial-Answer to
Attorney Davis Given by Hickman
Winthrop, Assistant Secretary.

The Navy Department yesterday su-
stained the action OF the Sutton court OF
Inquiry in considering the young officers
involved in the fight. which led to the
death OF Lieut. Sutton. as defendants
The court decided that the officers
should be considered as accused because
OF letter written TO the Navy Depart
ment by Mrs. Sutton, the mother, when
she asked for a reopening Of the matter.
Henry L. Davis. Mrs. Sutton's attor-
ney, made violent protest TO this He
declared IN a letter 10 the department
that the court had undertaken 10 relieve
Lieut.. Utey. who was present when SUIT
ton was killed, but who has not yet testi-
fed, Of his obligation 10 refrain from
conference with the witnesses. who have
preceded him, and has made It possible
for him, as a defendant. TO say nothing,
creating what Mr.. Davis calls, q sltua-
ton which I am constrained TO say so
strongly smacks OF the scandalous as OF
Itself to call for your attention" Mr.
Davis also declared in his letter TO the
department the ruling makes Mrs. SUIT
ton the prosecutor.
The letter was answered by Beekman
Winthrop. as Acting Secretary OF the
Navy. In some parts OF his communica-
ton 70 Mr.. Davis. he Is a bit tart. He
says. in part:
1t appears 70 the department that you
have misconceived the effect Of the ruling
OF the court relative 10 the status OF
the officers who were present on the
occasion in question. This ruling does
not change the nature OF the court in the
slightest degree. 1t Is still a court Of
inquiry seeking after facts. and not a
Judicial tribunal with power to try or TO
punish. It's function Is 10 determine all
the facts incident TO the death or Lieut.
Sutton, as far as lies within its power.
and 70 recommend 70 the department
whether further proceedings should be
taken against any person. 1t is in no
sense a trial court
1T IS the invariable practice OF courts
of inquiry that II during an investigation
any person is placed on tho defensive by
the evidence adduced or by any OF the
circumstances OF the case, to notify such
person Of the fact. and TO explain 10
him his rights in the premise. In this
instance the court was specifically in
convened. that Il It developed during the
progress OF the investigation that any
one was entitled 70 appear as a defend
ant" he should be called before the court
and informed OF his rights TO be present,
to cross-eXarnine witnesses, and to offer
such evidence as he might desire.
In considering this action II should
not be lost sight Of that II the court finds
that Lieut. Suttons death was not the
Aresult OF his own act, but was caused
ny another person or persons, such other
person or persons so accused will IN
doubtedly be brought to trial for the
ofense. Those whom the court deter
mines are so vitality interested in the
outcome Of the case as 20 be designated
as defendants are certainly entitled TO
legal aid 20 assist IN bringing out all the
facts. as well as Mrs. Sutton, on whose
representations the court was ordered.
and who has insisted that her sons death
was caused by one OF his felIow-oficers.
There would. therefore. seem TO be no
improperly in the courts action in re-
garding Mrs. Sutton as a complainant
or accuser.
Burden Not Shifted.
This in no way shifts the burden OF
proof. as you apparently assume. as the
court is IN no respect trial court; nor
does It place upon Mrs Sutton or her
counsel the burden OF determining who
was responsible FOR Lieut.. Sutton's death.
That Is the duty Of the court.
The department must therefore decline
20 accede 20 your request TO vacate the
ruling OF the court Of inquiry.
Il trust Il Is needless to assure you
that the department desires the fullest
and most complete investigation Of the
entire matter IL VIII be satisfied only
when all proper means have been ex-
hausted 20 clear up every doubt as to the
manner IN which the deceased officer met
his death, and appreciates any assistance
that has been or will be rendered by you
10 this end il is the duty OF the court
OF inquiry 20 determine as definitely as
may be possible who was responsible for
Lieut.. SuttOns death. and that duty the
court is sworn. without Partially. to
fulaT