Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-16
IS UP TO THE COURT
Action of Navy Department in
Sutton Case.
EARLY VERDICT EXPECTED
Possibility of Courts-Martial for
Marine Officers.
ADAMS RUMOR UNFOUNDED
Not Likely That He Will Demand
Further Hearing on His
Own Account.
EARLY VERDICT EXPECTED
ADAMS RUMoR UNFoUNDED

Action of the Navy Department on the
case of Lieut.. Sutton of the Marine Corps
will depend almost entirely on the find
ings of the court of inquiry which has
just completed the taking of testimony
at Annapolis 1t is expected that the
court will conclude its deliberations and
agree on its findings in a day or two.
Then the entire record of the proceed
ngs of the court, including the findings,
will be turned over to Capt. Leonard. the
judge advocate of the court, and by him
brought to this city and delivered to
Capt. Campbell, judge advocate general
of the navy.
Probably. following the usual course in
such cases, the record will be reviewed
by Capt. Campbell to ascertain that it is
entirely regular and legal in matter and
form 1t not. the record will be returned
to the court for correction. But if every
thing is found to be in accordance with
the law and the regulation in such cases,
the Judge advocate general will prepare
a report giving his views as to the proper
course Of action to be taken in the prem
Uses. and then the case will be formally
submitted to Acting Secretary Winthrop
for action. In ordinary cases these pro-
ceedings take several days time.
Owing, however. to the peculiar cir
cumstances of the Sutton case and the
great public interest manifested in eacn
stage of its progress. 1t is probable thai
its handling al the Nevy Department
unlikely that Acting Secretary Winthrop
likely that Acting Secretary winthrop
may conclude to announce the finding OF
the court of inquiry as soon as it is Of
ficially known, without waiting until the
&c
course of action. Ordinarily no announce
mentS are made in such naval 1nvest-
cations until after action is taken by the
department.
Early Action Likely.
One reason why prompt action in the
Sutton case may be looked for is the
fact that the department is already in
possession of a complete transcript OF
all the testimony taken by the court
and now awaits only the official record
of which the findings will be a part
Advance copies of the testimony were
received at the department Saturday.
including the last days testimony.
Further action will depend on the find
ings of the court. If the court finds
he accidentally shot himself while at
tempting to shoot one of his alleged as
sailants it is likely that the department
will officially declare the manner of the
uedln or Lieut.. sutton "a closed Incl
dent calling for no further action or
the part of the department. If how
ever, it is found that any of the other
parties to the quarrel was in any man
ner responsible for the death of Sutton
courtmartial proceedings will be insti-
tuted for his Tor their) trial. with a view
to punishment in case of conviction.
1t is possible, regardless of the findings
of the court as to the responsibility for
the death of Sutton. that the department
may conclude that the testimony adj
duced at the inquiry justifes the trial OF
one or more of the survivors of the un-
fortunate affair for violations of the
naval regulations in that connection.
Can't Charge Himself.
The report that Lieut.. Adams, if not
satisfied with the verdict of the court
of inquiry, may demand trial by court
martial is not taken seriously at the
department. Such proceedings can be
ordered only by the naval authorities on
charges properly presented. An officer
can not make charges against himself
When he feels that he is unjustly sus-
pected of some offense or regularity he
can demand hearing before a court of
inquiry and it is for that body to de-
termine if there is Il proper basis for
court martial proceedings.
That is the course that has been already
followed in the Sutton case. The investi-
CATION just concluded at Annapolis was
ordered to determine finally the question
whether the events of October T. 1907
call for any further action on the part
of the naval authorities. 1t is for them
to determine what, if any, disciplinary
action is required