Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-31
DENIED BY WINTHROP
Request of Attorney for Mrs.
Sutton Fails of Approval.
COURTS RULING TO STAND
Mother of Deceased Lieutenant Re-
garded as the Complainant.
PRACTICE OF NAVY FOLLOWED
Acting Secretary Holds That Mr..
Davis Has Misconceived Effect
OF Boards Recent Decision.
PRACTICE OF NAVY FOLLOWED


This was clearly stated in a letter sent
to Attorney Henry E. Davis, who repre-
sents the mother of the dead lieutenant,
by Acting Secretary Beekman Winthrop
yesterday afternoon. Mr.. winthrop S
communication was in response to pro-
test from Mr.. Davis against ruling of
the court that Mrs. Sutton was the COM
plainant in the case and the officers who
were with Lieut.. Sutton when he died
were defendants.
That this in any wise affects the pro-
ceedings of the court is denied by Mr..
Winthrop. In the navy a court of in
quiry is practically a grand jury. 1t
has power to indict. as 1t were, but
no power to try those found guilty by II
or to fix their punishment. That is
left to court-martial II one follows
the findings of the court of inquiry.
What action Mr.. Davis will take as a
result of the departments decision will
not be known until Monday, as the SUIT
ton attorney left Washington yesterday
for the week end. He has promised,
however. to outline his plans as soon as
he returns.
Acting Secretary Winthrop's Letter
Acting Secretary Winthrop's letter to
Mr.. Davis follows: :.
IT have the honor to acknowledge the
receipt Of your letter Of the 18th in
slant. in which, as counsel for Mrs. Rosa
B. Sutton, you protest against a ruling
made by the court of inquiry recently
convened at Annapolis. Md, by order of
the department, to investigate the cir
cumstances attending the death of Sec
ond Lieut.. James N. Sutton, United
States Marine Corps, on October ID. 1907.
ruling protested against is that Mrs.
Sutton is regarded by the court as a
complainant or accuser,' and that all the
persons present at the time of the death
of Lieut. Sutton are regarded In the posi-
tion Of defendants.
You request that IL 1t be consistent
with the navy regulations. the administra-
ton of the Navy Department and my
sense Of duty in the premises. cause this
ruling to be vacated and the court of
inquiry to be restored to its status and
functions the same as obtained before
the ruling and action against which you
protest.
Effect Of Ruling Misconceived.
1T appears to the department that you
have misconceived the effect of the rul-
ing of the court relative to the status of
the officers who were present on the oc-
casion in question; this ruling does not
change the nature of the court in the
slightest degree It is still a court of
inquiry seeking after facts and not a
judicial tribunal with power to try, or to
punish. It's function is to determine all
the facts incident to the death of Lieut..
Sutton as far as lies within It's power,
and to recommend to the department
whether further proceedings should be
taken against any person. 1t is In no
sense q trial court
1T is the invariabIe practice of courts
OF inquiry that IL during an Investigation
any person is placed on the defensive by
the evidence adduced or by any OF the
circumstances Of the case to notify such
person Of the fact and to explain to him
his rights in the premises In this In
stance the court was specifically instruct
ed in the orders by which it was con-
vened that If it developed during the
progress of the investigation that any one
was entitled to appear as defendant
he should be called before the court and
informed Of his right to be present. to
cross-examine witnesses and to offer such
evidence as he might desire. In consider
ing this section it should not be lost
sight of that If the court finds that Lieut.
SuttOn'S death was not the result Of his
own act, but was caused by another per-
sons so accused will undoubtedly be
brought to trial for the Offense. Those
whom the court determines are SO vitality
interested in the outcome of the case as
to be designated as defendants are GER
tainly entitled to legal aid to assist in
bringing out all the facts, as we'll as Mrs.
Sutton, on whose representations the
court was ordered and who has insisted
that her sons death was caused by one
of his fellow-oficers There would there
fore seem to be no improperly in the
courts action in regarding Mrs. Sutton
as a complainant or accuser.'
Burden Of Proof Not Shifted.
proof as you apparently assume, as the
~, krfo
does 1t place upon Mrs. Sutton or her
counsel the burden of determining who
was responsible for Lieut.. Suttons DEATH
That is the duty of the court.
1.-The department must, therefore. de-
cline to accede to your request to vacate
the ruling of the court OF inquiry.
II trust that it is needless to assure
you that the department desires the full
the entire matter. 1t will be satisfied
only when all proper means have been
exhausted to clear up every doubt as to
the manner in which the deceased officer
met his death and appreciates any assist
ance that has or will be rendered by you
to this end. 1t Is the duty Of the court
Of inquiry to determine as definitely as
may be possible who was responsible
for Lieut.. Sutton's death, and that duty
the court is sworn without partielity to
fulfill
Court May Reconvene Next Week.
Pending the resumption of the sessions
Of the court Of inquiry Maj. Henry
Leonard of the Marine Corps, judge ad-
vocate of the court. has been ordered to
resume his regular duties in command of
the naval prison at the navy yard, Ports
mouth, N. H. 1t is expected that the
court will reconvene for the examination
of witnesses about the middle OF next
week. The cruiser birth Carolina, to
which are attached Le.l. Utley and Sur
geon Cook, summoned to appear before
the court, is due at Provincetown, Mass,
next Tuesday. The officers named will
proceed without delay to Annapolis to
answer the summons of the court. The
North Carolina has been cruising in
Turkish waters, and left Gibraltar the
9th for Provincetown.
Second Lieut.. Edward S. Willing of the
Marine Corps, leading witness before
the Sutton court, has been detached from
duty at the marine barracks, Philadel-
phia and ordered to assume command or
the marine detachment on the receiving
ship Lancaster at the navy yard, Phila-
delphia The orders will not interfere,
however, with his attendance at the court
of inquiry whenever his presence is re-
Quired.
Convicted of Selling Liquor.
LYNCHBURG, Va, July 31.-Sue Cook.