The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-19
SUTTON BLAMED
FOR HIS DEATH
Findings of the Court Are Ap-
proved in Navy Department
MRS. SUTTON NOT PLEASED
Mother of Dead Officer Will Make an
Effort To Carry the Case to Con-
gress and Have 1t Still Fur
ther Investigated.
MRS. SUTTON NOT PLEASED

Washington. August 1s.-with the pub
location today of Acting Secretary Of the
Navy Winthrops approval of the findings
of the court of inquiry that Lieut.. James
N. Sutton, Jr., of the United States ma
rine corps, was directly and solely re-
sponsible for his own death at Annapolis
nearly two years ago" the famous SUIT
ton case became a close incident as far
as the navy department is concerned.
Counsel for the Suttons intimated, how
ever, that the courts decision had become
definitely known, that they were far
from satisfied with the verdict and that
they probably would take the issues in
volved to Congress with view of having
a full hearing of the case by a committee
of that body.
Mrs. Sutton declined TO discuss the re-
suit of the inquiry which she sought in an
effort to clear her boys name from the
stigma of suicide. Acting Secretary Win
throp said he had dissolved the court of
inquiry and had given directions that
copies of the findings of the court and its
conclusions, together with his observa-
tions thereon be sent to Henry E. Davis,
the attorney for Mrs. Sutton, and to
Arthur A. Birney, Lieutenant Adams at
torney.
Too much time has elapsed since the
incident in the opinion of navy officials
to undertake any proce edings against the
persons whose conduct in the case has
been made the subject of criticism by the
court. They, however, will be made
acquainted in an official. but informal
way, of these criticisms which will both
serve the purpose of an admonition to
them and if presented to them, the view
taken by the department of their con-
duct
Sutton Responsible.
Lieutenant Sutton is directly and solely
responsible for his own death, which was
self-inhicted either intentionally or in an
effort to shoot one of the persons restrain
ing him, and his death was not caused by
any other injury whatever
This is the verdict of the naval 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 N. Sutton of
the United States marine corps, which
verdict has been approved by the Judge
Advocate General of the army and Beck
man winthrop assistant and acting secre-
tary of the navy. The court also finds
That Lieutenant Utley failed in his
duty as senior officer present, under ar
tice 266, United States navy regulations,
1909, in permitting Lieutenant Sutton TO
run away and harm himself, instead of
calling on those present for assistance
and preventing Sutton arming himself
by force If necessary, and turning him
over the officer of the day.
That Lieutenant Bevan, officer of the
guard, failed in his duty as officer of
the guard in not disarming Lieutenant
Sutton by force while in front of his (Sut-
ton's) tent.
That Lieutenant Willing, the officer of
the day, failed In his duty as officer of
the day in not Immediately assisting by
force to disarm Lieutenant Sutton when
he arrived on the scene before the fatal
shot was fired.
Imaginary Charges.
That the charges of wilful murder and
conspiracy to conceal it, made by the COM
plainant, Mrs Sutton, mother of Lieu
tena Sutton, are purely imaginary and
unsupported by even a shadow of evil
dence, truth or reason.
view of the youth and decided inexper-
! fence of Lieutenants Utley, Willing and
| Bevan at the time of the altogether un-
/ usual conditions of excitement, threats
and danger during the aforementioned af-
fray that no further proceedings be
taken.
The report is signed by J. Hood. COM
| mander, United States navy, president of
the board, and Henry Leonard, major,
! United States marine corps, judge advo-
| cate. Commander Hood also filed a mi
nority report in which he says he con-
ours in the majority report and in adj
dition he is of opinion that Lieutenants
Utley, Adams, Osterman. Willing and
| Bevan showed deplorable lack of
their duties and obligations as officers
holding commissions in the marine corps,
| and the testimony concerning the whole
affair indicates state of discipline, then
| existing in the marine school Of applica-
ton, discreditable to the service and
| argues strongly against the practice of
commissioning and putting into positions
| of responsibility young men without prop
er previous training. He is also of the
| opinion that Lieutenants Willing, Bevan
and Utley should have been brought to
trial at the time for neglect OF duty and
| Lieutenants Adams and Osterman should
have received mild punishments for en-
| gaging in a brawl unbecoming officers and
l
mendation that no further proceedings
be taken at this time, only because of
| their youth and inexperience at that
time, and because of their being in q
| sense the victims of a system for which
they themselves we're not responsible
In approving the findings and recon-
mendations of the court and the judge adj
vocate general, Acting Secretary Win
| throp says
"By it's concurrence in the opinion of
the court and of that expressed In the
minority report the department indicates
| its thorough dsapproval of the lax state
| of discipline shown by the evidence to
| have existed at the marine school of
| application prior to and at the time OF
| the death of Lieutenant Sutton
Facts Beyond Dispute.
In the beginning of it's report the court
said that after carefully weighing all the
| evidence the court finds certain facts
standing out beyond dispute as follows
That a quarrel took place In which
filthy Language, unbecoming an officer
i and a gentleman, was used by Second
| Lieutenant Sutton toward Second Lieu
tenant Adams In the presence of their
| senior, Lieutenant Utley. about ! o'clock
a. M, October 10, 1907; that Heutenants
| Utley and Osterman interviewed and pre-
| vented a fight; that because OF this in
! reference a fight took place Immediately
! afterward between Leutenants Osterman
| and sutton. in which Lieutenant Sutton
| was the aggressor calling Osterman
| vile name and striking Osterman blow
| from behind; that Lieutenant Sutton was
| than ordered under arrest by his senior