The Montgomery advertiser., 1909-08-06
Bill For Constitutional
Prohibition Passes The
House By A Vote of 1929
|OILEY Il WITNESS
OFFICER . ELLIS OF sUTTON,s
sJULIAR DEATH.
Attorne 3ror Young MANS Mother
. 9 She In Trying To show
Her Son Didn't XIII
Self.

:. $apolis, Nd. Aug, e-~For five
hours today Lieutenant Harold Utiey,
of the Marine Corps YVES subjected to
an exacting examination and cross
examination In regsfj to his conneo-
ton with the death of Lieutenant
James N. Sutton/of Oregon. which Is
the subject Of Investigation before tine
naval board 81 inquiry At the Naval
The hearings were resumed today
after an adjournment the early part
of last yeek pending the arrival of
Lieutensht Utley and surgeon Frank
e. Cook, who were aboard the United
StateS cruiser North Croliana which
reached Provincetown Tuesday.
The new alignment in the proceed
ings whereby tive of sutton's brother
officers who have already testified.
and Lieutenant Utley appeared In court
as defendants, accused by Mrs. sutton.
the dead boys mother and her daugh-
ter, Mrs. Parker of causing Lieutenant
Sutton's death, had no effect in curb
ing the testimony OF Lieutenant Utley,
Notified of his privileges as q de-
fendant, by Major Leonard, the Judge
advocate, to refuse to answer any ques-
tions which he thought tended to In
eliminate him, Lieutenant utley
waived the privilege and answered all
questions put 10 MIN.
His story In substance was COR
roborative of the testimony Of the
other officers who were present at the
fight between Lieutenant Adams and
Lieutenant sutton in the early morn
ing of October 49,. 1907. when Young
sutton was shot While Utley said
he was under the impression at the
time of the shooting that sutton. in
the heat of the struggle with him and
other officers who were attempting to
disarm Sutton. directed the shot
against himself, he was not nearly as
positive about the suicide theory a.
the preceding witnesses.
In answer to Major Leonard's ques-
lions the witness said he would con-
slider a man to have committed suicide
If he was attempting to shoot some
one else and had shot himself by mis-
take. And later under cross examina-
tion by Lawyer Henry Il. Davis. coun-
sci for the Suttons. he admitted that
he was reaching for Sutton's hand to
disarm him when the latter freed his
arm from beneath his chest and the
revolver flashed.
"Our object at this inquiry 10 &c
remove the stigma of suicide from
Lieutenant Sutton's name and not Il
point the finger OF suspicion toward
any one OF the defendants" said Mr.
Davis at the adjournment Of court to-
day, "afid Lieutenant utisyss tSstifaonJ
must be considered Of great imDor-
lance in that light"
Utley was senior officer In the party
that was with sutton on the night In
question. Mr.. Davis frequently logged
the witnesses memory from the testi-
mony he gave at the inquest, but
Lieutenant Utley pleaded lapse OF
memory over the interim Of two years
Some of the pointed questions directed
at the young officer made him
straighten himself in his chair and
answer curtly.
The interest in the case in navy cir
Giles here grows more intense as the
proceedings advance.
Lieutenant Utley was still under
cross examination at adjournment to-
day and the testimony of Surgeon
Cook. Mrs Sutton and Mrs. Parker and
the summing up on both sides, which
is to follow. is expected TO prolong the
inquiry well into next week.