Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-08-18
twas Either Intentional or in An an
Effort to Shoot One OF the
Persons Restraining Him.
SUCH NAVY COURTS VERDICT |: !: 4
.nnroycd by Asst. secy. OF the Navy
Beelxmnn Winthrop- 1'o 9TH r,
Charge Imaginary.

Washington, Aug. s..'L Lieut.. Sutton
l. directly and solely responsible for
his own death, which was self inflicted,
either, intentionally or In an EFFORT 70
shoot one Of the persons restraining
him and his death was not caused by
any other injury whatever.
This is the verdict Of the navy court
of inquiry which for some weeks has
had under Investigation the cause OF
the death at Annapolis naval academy
in october, 1907, OF Second Lieut.. James
u sutton Of the United States marine
corps, which verdict has been approved
3 by the judge advocate general Of the
nayy5and by Beekman winthrop, as
sistant and acting secretary of the
navy. The court also finds:
WHAT COURT FINDS.
That Lieut.. Utley failed in his duty
ga senior officer present, under article
266 United States navy regulation, 1909,
in permitting Lieut.. Sutton TO run away
ana arm himself, instead OF calling on
those present for assistance and follow.
ing Lieut. Sutton, preventing him from
arming himself, by force IL necessary,
ana w
the officer of the day. M
"That Lieut.. Bevan, officer of the
guard, failed In his duty as officer OF
the guard in not disarming Lieut.. SUIT
ton by force, while in frontIof his tSut-.
tons) tent.
THAT Lieut., Willing, the officer Of
the day, failed in his duty as officer.
Of the day in not Immediately assisting
by force in helping to disarm Lieut..
Sutton when he arrived on the scene
before the fatal shot was fired.
THAT the charges of wilful murder
and conspiracy to conceal 1t, made by
the complainant, Mrs. Sutton mother
Of Lieut.. Sutton, are purely imaginary
and unsupported by even q shatoW OF.
evidence truth or reason.
THE court recommends, however,,
that in view of the youth and decided
inexperience of Lieuts. Utley, Wiling
and Bevan at the time, and of the al
together unusual conditions of excite
inent, threats and danger during the,
aforementioned fray, that no further
proceedings be TIA ken" a
SAD STATE OF DISCIPLINE.
The report IS signed by j. Hood
commander United States navy. presi-i
dent of the board, and Henry Leonard, ].
major u. s. marine corps, judge ad-y
yocate Commander Hood also filed a,
minority
concurs in the majority report and IN
addition he is Of the opinion that
Leuts. Utley, Adams, Osteman. VIII
ling, and Bevan showed deplorable
lack Of knowledge of their duties and
obligations as officers holding commits
sions in the marine corps; and the
testimony concerning the whole de-
plorable affair indicates state
or discipline then existing In the ma
rine school of application discreditabe
to the service, and argues strongly
A against the practise of commissioning
and putting into positions of response
bllity young men without proper pre-
vious training.
He is also Of the opinion that Lieuts.
Willing, Bevan and Utley should have
been brought to trial at the time for
neglect Of duty: Lieut. Adams and Os-.
terman should have received milder
punlshments for engaging in q brawl
unbecoming officers and gentlemen and
he concurs in the recommendation that
no further proceeding be taken at this
time only because of their youth and
inexpcrience at that time, and because
of their being. In a sense, the victims
OF system for which they themselves
are not responsible.