The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-08-20
Attorney Brands Judge Ad-
vocate's Language AS Un-
necessarily Harsh.
SAYS THE EVIDENCE
is CONTRADICTORY
Attempts to Show How the Fatal
Shot Was Really
Fired.

IN statement issued today, Henry
Z. Davis. attorney for Mrs. Sutton in
the inquiry as to the death Of her son
at annapolis, pays his compliments 10
Judge Advocate Leonard and the mem
bers of the court in emphatic language,
leaving II to be understood that lie
thinks the court knew too little about
Weighing evidence to be permitted to
handle such an important matter.
He accuses Major Leonard OF failing
TO live up to an agreement. and thereby
bringing about the peculiar tangle which
threw Mrs. Sutton into lhe attitude
Of prosecuting Adams, Utley. willing,
osterman. and Bevan for the murder
OF her son.
'Unjudicial and unnecessarily harsh
language was used by the court in its
conclusions says Mr.. Davis.
he declares he has given out the
statement today in view Of the ind
ings and opinions of the Sutton court
OF inquiry, especially the fifth opinion
that the charges of Mrs Sutton are
unsupported by even a shadow of rea-
Goes Over Evidence.
Mr.. Davis took up the evidence of the
principal witnesses. Adams in particu-
lar. and shows how wild, in his opinion,
was the decision OF the court which
exonerated Adams from blame in the
tragedy.
Referring TO the sixth finding. in which
the court declares that Sutton was
killed by a revolver shot from a serv-
Ice Colt revolver. held in his owo right
hand and fired by himself, without the
Intervention OF any other hand, NJ.
Davis says.
After Suttons death, this Colt re-
volver. which has six chambers, was
found TO contain three undischarged
cartridges, and the shells Of three which
nae been discharged. In his testimony
before the board Of inquest, Lieutenant
Adams testified that when he encoun-
tered SUI ton, just before the latter vas
thrown 20 the ground and the fatal
shot fired. Sutton fired one shot and
then another. when he. Adams, grabbed
the Colt revolver. and lust as ne
grabbed it. Sutton pulled the trigger
the third time. and there was also
another shot fired during the struggle
adams saying as to this. could not
tell which revolver. but the two or
three shots were fred from the Colt
Speaking Of the revolver from which
the fatal shot was fred, Adams stated
7 could not say which revolver II was:
II looked TO me ike the small revol-
YER
Claims Faulty Testimony.
In his testimony before the court Of
inquiry, he said. speaking Of Sutton:
Immediately after his shooting the first
time / rushed at him. He shot again.
and just as / got 10 him he shot a
third time. which struck me in the
finger. I had just about touched the
muzzle Of the revolver, which am
quite positive was a Colt pistol.
"If this statement OF Adams be true.
obviously the fatal shot was not fred
from the Colt revolver
1T was agreed by All that immedi-
stely prior to the fatal encounter, sut-
ton had two revolVers. one Colt and
the other a Smith & Wesson. and that
before the fatal shot was fred. some
body had taken one away from him,
and an attempt was being made to get
the other at or Immediately before the
fatal shot and also that the revolver
IN Suttons right hand was the Colt"
Ar. Davis proceeds 10 show that by
Adams continued evidence, the fatal
shot was fred from the Smith & Wes-
Continued or second Page