The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-08-20

the vas the victim OF a conspiracy. and
even when he armed himself when,
lbeing beaten by Lieut.. osterman, ne
Ida so Davis argued in order to pro-
teet himself from further attacks. II
he fred the shot that ended his life.
and Mr.. Davis admitted that only for
the sake OF argument. Sutton did so
10 defend himself against men who
were holding him down and beating
him
Attorney Davis made no bones OF
saying that there had been a con-
spiracy among some Of the marine ON
GERS 10 give Sutton a beating. and
that they and others had entered into
a conspiracy TO conceal a crime. He
added that if the officers on duty at
the time had properly performed their
duties Sutton would be alive today.
Mr.. Birney began by saying the
charges involved a conspiracy, the
commission of murder, the conceal
ment of the crime, and finally perjury
on the stand. To make his case clear
Mr.. Birney declared Mr.. Davis would
have to convict of perjury all the de-
PENDANTS, Robert E. Adams, E. S. Will
ing. Edwin Osterman, VIM. Bevan and
Harold Utley and Sergt. James De-
Hart, the three surgeons, who had
viewed the body after the tragedy, the
commanding officer of the marine bar
racks and two undertakers.
The stories that Sutton was beaten
to death we're not borne out by the
testimony Nobody had found his
bones broken, nobody had found other
bruises about his face than the one
under his left eye. no teeth had been
knocked out.
Taking up the letters of Mrs. SUIT |
ton, both to the navy department and |
to private persons, Mr. Birney asked
by what right she made the charges
they contained. He asked if she were
not a fit subject for a lunatic asylum.
Mr.. Birney quoted Mr.. Davis descrip-
lion of the letters as the frantic state
nent of a grief-stricken mother, and
said that Mrs. Suttons pursuit and
persecution of the defendant officers
we're more like the actions of tigress
han those of a mother whose heart
was riven by grief.
"The application of the sorrow of an
.ggrieved mother to such an attitude
S an insult to American motherhood,
said Mr. Birney.
Mr. Birney pointed out the evidence
hat Sutton armed himself and was
lrrested. If the case had ended there,
he declared, Sutton would have been
and dismissed from
he marine corps.
Denying Mr.. Davis argument that
when Sutton left the camp he went
O get his clothes at the scene of the
light with Osterman and carried his {
evolvers for defense, Mr.. Birney
maintained that Sutton was not seek +
ng to maintain peace, but attacked
lis fellow-officers. Birney spoke Of
ADAMS bravery in rushing the armed
sutton.
In conclusion. Mr. Birney said that
here had been nothing in the evil
ence to cast stain upon the honor or
he defendant officers, nothing to ex-
use the vile charges founded upon
he rawlings" of Mr.. Sutton. The
avail service he added, had no cause
0 be ashamed of the young officers b
ccused. IL
Mai. Leonard said he was reluctant t
n rise for a final word and wished v
D apologize to the court for doing SO. h
Il came to the aid of the COM c
lainants and defendants as well, a
aid he, "and as the representative OF f
he government, did all in my power
, bring out every bit of evidence pos q
ible. L
"And | acquit the compliments OF C
OF coming to me with every bit OF b
they had. The honus for that v
lust rest upon their counsel. But p
lust add that the defendants brought Il
} me all the facts they could. S
another matter: | have been open
' charged with badgering enlisted
len of the marine corps on the stand,
ut | cannot let go by unnoticed the =
tack made by Mr.. Davis on Sargt. h
'eHart. This man must go forth de- r