The Washington herald., 1909-07-28

Annapolis. July 27.-UnW the United
States cruiser North. Carolina brings TO
American shores Lieut.. Howard H. Utley.
'f the Marine Corps. the most important
witness In the Sutton trial. there viii be
no further progress toward the probing
OF the causes OF Lieut. Sutton's death.
Moreover when Lieut. UtIey appears
before the court OF Inquiry he will aD-
pear as a defendant. together with foyr
other Marine Corps officers. and one ser
geant Of marines. to answer to the charre
Of homicide
! This condition was brought about bv q
/ sudden and dramatic turn in. The procae5-
ings to-day. as the result Of which the
young Marine Corps officers who were
with Sutton when he died were trans
formed from being merely either wit
nesses or interested parties TO the inorirv.
to defendants. with a grave charge
against them.
/ The young men involved with Lieut..
Juey are Lieut. Robert E. Adams NJ
! Harrisburg. Pa; Lieut.. William =
Bevan. Of Baltimore. nd: Lieut.. EdwarJ
5, Willing. Of Philadelphia. Lieut.. e. 4.
ostorman. Of Ohio. and Sergt. James De
Hart
Letter as Evidence.
The change Of the status OF the men
involved was caused by the introduction
as testimony to-day Of a letter written 10
/ the Secretary Of Navy on February < las,
by Mrs Rose B. Sutton. mother of tbs
dead lieutenant. which letter contains
the definite charge that Lieut. sutton
was killed by one Of his compapfons ,.
The letter was introduced bv Maj
Henry LeonGrd, judge advocate OF tha
court and its appearance came as a
distinct surprise 10 the members Of tbe
court and 20 Henry F. Davis. the prin-
cipal attorney for The Suttons
. The contents Of the letter furnished tba
first direct charge that has appear=5
az the inquiry. IL also puts the burden
OF PROOF OF the charge on the Suttons.
and places than. for the first time orr
ciaIy, IN the attitude OF complainsnts
BY the appearance Of the charge +ba
alignment Of the persons interested in
the inquiry is changed absolutely.
becomes Real Trial.
Up 70 the introduction OF Mrs Sui
tons letter, the inquiry had been a loose
, jolnted affair. viewed from the standpoirr
OF civil law There was neither D-osa-
cution nor defense. although Iteut
Adams occupied a position close To thar
Of defendaHt The court was making
inquiries. the Judge advocate was max
ing Inquiries, and the Sutton attorneys
were making Inquiries. presumably along
independent lines. The attorneys for
Adams were there simply TO look after
his interests
Now the couDt and the judge advocate
/ viii maintain their attitude Of independ-
ent probers, the Sutton attorneys viii
appear as prosecuting attorneys. ana
counsel for the young men who have been
declared defendants win act as attorneys
for the defense, as in ordinary court pre-
ceedings.
The fun text OF Mrs. Sutton's letter,
which forms the basis OF the second in
qulry into Lieut. Suttons death, Is as
follows;
Washington. D. C.. Feb S. 1903
The honorable the Secretary OF the
Navy Washington T.. c.
sir: In a letter received on the 6th
instant from Senator Jonathan Bourne.
OF Oregon. 7 am informed that he re-
Gently presented 10 YOU In behalf Of my
husband MI James y Sutton. and nv
self an application for a review of the
proceedings OF The board Of inquest which
investigated the cause Of the death OF our
son. James y. Sutton. jr.. late a second
lieutenant in the United States Marine
Corps. in the grounds of the Naval AcaG-
emy at Annapolis. Nd, on the 18th OF
October 1907.
Makes More Suggestions.
Upon reading the Senator's lef. NV
attorney thinks It possible that h6mavnot
| formally and IN writing. have stated all
the objects for which the review. OF these
proceedings is sought. and upon his ad-
vice venture. therefore 10 add TO what
ever the Senator may have sa i in dis
cussing the matter with YOU tho il is nv
husbands earnest desire, and mine:
''Flrst-That another board may be au-
pointed to investigate the matter. anew.
not only In the light OF fuller examsna-
tion Of the witnesses who testified be-
fore. but or much other ane. very ma
teriaI evidence which am led to be-
lieve can lie procured.
"Second-That II II should appear upon
such re-examination thar ma son did
not commit suicide. as found BY the for
mer board. or that the question whether
he did or not IS involved in substantial
doubt. the present findings may be set
aside. and my sons record purged or
the stigma which now attaches TO ID by
reason OF the findings OF the former
! board.
''Third-That, If IL should be found that
he did not commit suicide, or il the Ques-
ton whether he did or not should ba
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