The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-07-23
CONTRADICTORY
EVIDENCE GIVEN

Indianapolis. July 22.-The variance
in tho testimony of some Of the naval
officers. who arc witnesses before the
court of inquiry investigating the cir
cumstances surrounding the death OF
Lieutenant James n Sutton. was en-.
phasized at todays hearing by contra
dictory evidence as to the location OF
the bullet wound which caused the
young Oregonian's death.
This question has assumed import
ance in the face of other evidence Civ
en-, as it would appear that ii would
have been much more difficult mat
ter for Sutton to have shot himself.
with three men on top of him, II the
bullet entered the top of his skull, as
Surgeon Pickerell testified it did.
Colonel Charles a. Doyen. command
ant of marines, testified that he eX-
amined Sutton's body Immediately af-
ter the shooting, felt the wound in his
head. and that 1t was located on the
right side, little behind and on a
line with the top of the ear Dr.. Pick.
erell thought Sutton might have in
llcted the wound upon himself as he
describes 1t. but he made an uncons
yincing and awkward demonstration
in court with the revolver TO get the
weapon in position which would have
sent the bullet into his head at the
point where he testified 1t entered
Sutton's head.
Considerable progress was made at
the hearing and three more witnesses
nf DirlnTall
and Doyen's testimony. Mr., Davis.
counsel for Sutton's mother and Sis
ter, finished the cross-eXamination OF
Lieutenant Willing. who was on the
stand Yesterday. Mr. Willing made an
obstinate and unsatisfactory witness
under cross-eXamination.
Mr.. Davis tried to find out from all
the witnesses today what became OF
Sutton's two revolyers following the
shooting
Colonel Doyen said he saw them and
ordered Lieutenant Willing to take
charge OF them, bet he did not kno"
what became OF the weapons until
they finally got into his house at the
inquest
1t was apparent that none OF the
officers wanted 10 assume the response
bllIty Of having the weapons about
him Immediately after the shooting
Sergeant James DeHart. of the marine
corps, testified that some officers at
the scene of the shooting handed him
a revolver with the curt command 10
take this"
II was dark and he could not sec
MI Tor OF
terwards threw the revolver into the
bushes on his way to the barracks
and on going out to look for it next
morning could not find II.
DeHart is a bright appearing young
officer. and he created considerable
amusement in court by frankly admit
ting that he had been out with friends
the night In question, and was
slightly under the influence OF
liquor"
The young sergeants mind was quite
hazy In regard to anything said ol
done that night, but he was positive
| that he was not one of the men sittine
on Lieutenant Sutton
Lieutenant Bevan previously testi
fed he was making his way to camT
by "a back entrance" when he me-
Sutton prior TO the shooting
DeHart said that Sutton carried
two reyolyers" and that he (DeHartI
old not stop to talk with him long
The witness did not know about thC
trouble Sutton had had In camp, bu
thought something was up when hC
saw the two guns. Soon afterwarC
DeHart heard the shots and ran bach
| TO the scene He could not remem
Der recognizing any officers then eX
cept Lieutenant Utley who ordered
him to the barracks. Il did not &c
then" he said but stayed in Tho
| grass nearby out of curiosity.
Mr. Davis had not finished his cross
examination OF DeHart when cour
adjourned
In objecting TO the admission of the
part of Colonel Doyen's evidence re-
latlng 10 what certain marine officers
had told him on the night of the shoot
ing. a remark made by Henry e Da-
Wis. counsel for Mrs. Sutton and her
daughter. is looked upon aS significant,
| Mr. Davis said that he does not know
what other BODY the case may go be"
! fore after the conclusion OF the hear
ing and that for that reason he wishes
to keep the record clear OF hearsay evil
dence
After the hearing had been closed
Mr. Davis notified Judge Advocate
Leonard that in view of the fact that
Sergeant De Hart has sworn he does
not know who gave him the pistol
which he afterwards threw away, the
counsel for Mrs. sutton will request
that each OF the officers of marines
who have already testified be recalled
in order that each may be specifically
asked; Did you hand the pistol to
Sergeant De Hart?'
Mnjor Leonard questioned Colone
Doyen on redirect examination anc
the witness said that subsequent tc
the time Lieutenant Willing brought
the two reyolyers TO him after the
shooting he did not know who had
had them until they were returned
to him at the inquest He had told
Lieutenant Willing 10 take charge oi
them. he said.
Colonel Doyen told OF report made
IN him in Nav 1907 that Lieutenant