Goldsboro semi-weekly argus., 1909-08-25
IS CRITICISED
Mrs. Sut 'on's Lawyer Bring
Charges Against An-
napoIis Csurt.
Counsel for Mrs. Sutton Reviews Find
ings of Court of Inquiry of the
Death of Lieut.. Sutton and
Criticises Action.

Washington, D. c., August 20.-Ac-
cusing the court of inquiry, which re-
Gently re-investigated the death of
Second Lieut.. James N. Sutton, of the
United States marine corps, of culling
from mixed and contradictory testi-
mony certain statements almost, if
not exclusively, those of the accused,
which the court finds standing out
clearly, distinctly and beyond dispute
or cavil," Henry e. Davis, counsel for
Mrs. Sutton, mother of the dead Off
Ger, in statement issued today, de-
clares that the court conveniently re-
jected every statement. whether Of the
accused or of other witnesses in con-
aict Herewith.
Mr.. Davis declares that the judge
advocate was derelict in his duties in
not confirming the two legal PROPOSE
Cions submitted by Mr.. Davis
Had he done so and the court heed
ed him, MIR. Davis continues, cit would
nave been absolutely obliged to ex-
clude the hypothesis of suicide and al
most as certainly to exclude the hy-
pothesis of a wound self-inf1icted in
any manner as the explanation of the
cause of Lieutenant Sutton's DEATH
Of the two physicians referred to
Mr.. Davis states that one of them re-
lated to the quality and extent of
evidence necessary to verdict of sui
eide, and the other respecting the con-
u ;eI,
uation is given.
Mr. Davis takes up the sixth find
ing of the court, which declared that
Sutton ''was killed by a revolver shot
from d service Colt revolver held in
his own right hand and fired by HIM
self. without Intervention of any other
hand" and after quoting extensively
upon this point from the testimony of
Lieutenant Adams, both before the
board and inquest, he declares that if
Adams statement be true, obviously
the fatal shot was not fired from the
Colt revolver
Touching upon that feature of the
investigation relating to the owner
ship of the pistol at the time of the
fatal encounter, Mr.. Davis declares
that comment upon the courts ut
ter failure to deal with this pregnant
incident would be superduous.''
Referring to the fifth opinion of the
court, that the charges of wilful mur-
der and conspiracy to conceal it made
by the complainant, Mrs. Sutton, are
purely imaginary and unsupported
by even a shadow of evidence, truth
or reason" Mr.. Davis states that the
average civilian mind will have some
difficulty in comprehending this state
ment, and he declares that the court
was not convened to try any supposed
charges of Mrs. Sutton, but to inquire
into and fix the responsibility of Lieu
tenant Sutton's death.
Pointed reference is made to the ac-
ton of Major Leonard, the judge ad
vocate of the court of inquiry, whom
Mr.. Davis states placed Mrs. Sutton.
inquiry, first as complainant before
the court and next as a defendant
against whom the energies Of those
interested in the accused officers were
thenceforth directed
He dismisses them there by saying
that it is unnecessary for him to
characterize the action of the judge
advocate in the premises.
Mr. Davis concludes by saying that
the statement is on his own exclusive
responsibility and is given out without
conference with any other person
wlomsoever.
Mr. Davis declined to state what
further action he would take, although
it was evident that the case would not
be dropped.