Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-07
HER LETTERS ARE READ
BEHIND CLOSED DOORS
Davis Criticisms of Maj. Leonard
Stay in Record.
HARSH WORDS ARE EXCHANGED
Judge Advocate Says His Duty Is
Only to Court. and Law
yer Refuses to
Reply.
Special From stan Correspondent.

Special From Star Correspondent
ANNAPOLIS. Md. August Follow
ing the stormy session of yesterday after
noon. when the attorneys in the case in
dulged in lively scrap, the court of in
quiry into the death of Lieut. James y
Sutton. jr., sat behind closed doors this
morning. read Mrs. Sutton's famous let
ters, heard another tilt between Attorney
Henry Z. Davis and Maj Henry Leonard,
the judge advocate; gave strict warning
TO those in the courtroom not to talk out
side, and then adjourned until Monday
morning at 10 o'clock
The tilt between the judge advocate
and Mr.. Davis was caused by Mai.
Leonard's motion that certain of Mr..
Davis remarks of yesterday be expunged
from the records. In the heat of his
argument over the introduction of tile
Sutton letters Mr.. Davis said some things
that Maj Leonard construed as impusn-
ing his motives in presenting the letters.
At the close of the session yesterday
he asked the court to strike them out.
The court said it would pass upon them
later.
Davis Remarks Stand.
After hearing what the two attorneys
had to say about the matter the court re
tired and consulted. The verdict was A
sort of Scotch verdict to the effect
that, while the court had no desire to
ar1 1,
felt he had misconstrued Mr.. Davis re-
marks. which, in the opinion Of the court.
| were not offensive.
The remarks will stand in the record
as made by Mr. Davis.
After Mrs. Sutton's letters had been
read the court interrogated her briefly 10
establish the fact that she was the
author of the letters Mrs. Sutton will
take the stand Monday, when the session
of the court will be open. and tell the
story of her private investigations which
led up to the ordering of the second
inquiry into the case of her sons death.
Her testimony today was of purely per-
functory nature.
The letters introduced i'm court were. it
is understood, written by Mrs. Sutton 10
Senator Isadore Rayner of Maryland.
Senator Jonathan Bourne of Oregon and
to Secretary Newberry of the navy. 1t
is reported that in these letters Mrs. Sut-
ton bitterly arraigns the conduct of the
affairs at the marine barracks here and
makes criminal charges against several
of the marine officers who are now de-
PENDANTS in the present inquiry.
Bitter Fight Over Letters.
Their introduction came only after the
bitterest fight between counsel that has
occurred SO far. Eloquent and severe
speeches were made in the courtroom
toward the close of the session late yes
terday afternoon by Maj. Leonard. Mr..
Davis and Mr.. Birney.
Mr.. Davis argued that il was unfair and
unnecessary to lay before the court and
the public the perhaps extravagant
statement of mother whose heart is
riven over the death of her SON.. The
letters. he urged. could be of no possible
help to the court I'm determining how
Lieut.. Sutton came to his death.
Maj. Leonard said that military reputa-
tions were on trial and that they were
just as worthy of protection as the hal
lowed grave of a dead son." Mr.. Birneyr
representing Lieut.. Adams. answered Mr..
Davis argument that the letters were not
admissible as evidence because they had
been written before the precept which es-
tablished the court of inquiry by saying
that anonymous charges had been brought
against his client and his co-defendants,
and that they were entitled to know who
made the charges and to hear what evi.
dence there was to support them
The court ruled. after seventeen minutes
OF private consultation. that the letters
would be read behind closed doors, only
the interested parties to the inquiry being
permitted to be present
When the court met this morning there
was a crowd in the corridor outside. ali
cCtn -GtIlA ~
brief and that Mrs. Suttons testimony
would be heard today in open court. They
were doomed to disappointment. however
for the court adjourned shortly before
noon without going into open session.
New York Publication.
The strict order of Commander Hood
against discussing the proceedings is like.
ly to be obeyed since the court has the
power to arrest any one for contempt
Under an act of Congress of February
16. 1869. military court of inquiry has
not only the power to summon civilian
witnesses within its jurisdiction. but may
arrest them for contempt and pass them
over to the federal court of the district
in which the military court is sitting fol-
trial and punishment.
This question came up this morning
when New York paper was found TO
contain what purported to be a synop.
sis of some of Mrs. Sutton's letters
The paper was called for by the court
but it was found that the letters men,
toned were not those before the court,
but others that Mrs. sutton had writ.
ten.
No effort was made by the court TO
fasten upon any one the burden of hav-
ing made them public.
That the letters of Mrs. Sutton should
have been introduced is source OF
great qualification to the defendants in
the case. Their view of the situation
is that they have been under charges
all the time, and that these charges
are lying against their records at the
Navy Department. Therefore they have
every right, they think, to hear these
charges. to know who made them and
to answer them If they can.