Omaha daily bee., 1909-08-07
CLASH IN SUTTON HEARING
Accusing Letters Of Mother Admitted
in Evidence.
HER LAWYER MAKES PROTEST
Evidence of Surgeon who Performed
Autopsy Tends to DIscredit
Theory of suicide-Mother
Weeps in Court.

ANNAPOLIS, Ma. Aug. 1.-THE reap
p%earance on the witness stand TODAY Of
Mrs. James N. Sutton. mother Of Lieu
tenant Sutton, L. S. NJ. c. Of Portland
Ore, whose death is being investigated
by the naval board of inquiry here. was
the signal for a heated controversy no
tween the lawyers on ali sides. which
ended In n prolonged conference Of the
members Of the board behind closed doors
and brought the days proceeding to an
abrupt ending.
Several witnesses had been disposed of
when Judge Advocate Leonard called Mrs
Sutton to the stand. Before proceeding
with her examination Major Leonard Of
fered for Identification and to be read in
evidence several letters which he said Mrs.
Sutton had written, containing serious
charges against the young officers of the
marine corps, who appeared as defend
ants.
The United States has been put to a
large expense in bringing witnesses here
from all parts Of the world said Major
Leonard, and It becomes my painful duty
to offer these letters in evidence in order
to inform the court as fully as possible
on all matters pertaining to this inquiry"
Lawyer Protests with VIEor.
Henry f.. Davis, counsel for Mrs. SUIT
ton, made strenuous objection on the
ground that Mrs. Sutton was not present
to make any accusations, and that the let
tiers in question were irrelevant TO the
inquiry and Of a personal and incompetent
nature as evidence.
1T is inconcelvable that the fudge ad-
vocate should attempt to force Mrs. SUIT
ton into such a position before this board
or inquiry" said Mr.. Davis. These let
ters are not offered to assist this court
In finding out how Lieutenant Sutton met
his death. They nave nothing to do with
the precept.
That these letters containing nerbans
the extravaganza statements Of a mother
with stricken heart over the death of her
son, should be read before a curious world
Is indeed unique and cruel"
Mrs. sutton Breaks Down.
Mrs. Sutton broke down and buried her
face in her handkerchief during Mr.. Davis,
remarks.
Major Leonard declared that Mr.. Ds via
NAG mlsconceived the Judge advocates DO
sition In the matter and asked that the
i""yers remarks which implied bad faith
on MS behaIf be stricken from the record.
ON nave hT' laws Know he said.
that the hallowed grave of a dead son
is no more sacred than the reputation Of
a living officer, and there are many such
regulations at stake here"
The Judge advocate said the court had
the right to inquire upon what grounds
Mrs. Sutton had made the statements in
the letters.
Mr.. Birney, counsel for Lieutenant Ad-
ans protested that Mrs. Sutton had con-
sistently tried to avoid her true position
in the proceeding and urged that the letters
be read in evidence. At this point Com
mander Hood. president Of the board, or
dered court closed and went into confer
ence with his Associates on the board and
the Judge advocate.
Upon returning from an adjoining room
Commander Hood announced that the let
tiers would be read in closed court tomor-
row to the interested parties, and their
counsel.
Suicide Theory Discredfted.
Following the completion of Lieutenant
Utley's cross-examination at the morning
session, Surgeon E. +. Cook, who was re-
Gently with Lieutenant Utley on the North
Carolina, was a witness. He testified that
he performed the autopsy on sutton's body,
and declared that from the nature of the
bullet wound in the lieutenant's head It
would have been difficult for him to have
shot himself, holding the revolver in the
ordinary manner. He added, however, that
It was his belief Sutton committed suicide.