The Birmingham age-herald., 1909-07-24
NAVY CONCLUDES
 IN SUTTON CASE Two Chauffeurs Testify Con- Cerning Death of Officer FIST FIGHT WITNESSED
Lieutenant Rocker, Who Is Most Inn portant Witness in the Tragic Case, Has Not Yet Been Lo-
 cated by the Naval Court.

Annapolis, Md, July 23.-The navy prac- tically rested it's case today in the inves- tigation of the circumstances surround ing the death of Lieut.. James N. Sutton of Portland, Ore, who was adjudged a suicide by the naval board of inquiry two years ago. After a short session today Commander John Hood, U. S. N, presi- dent of the court of inquiry adjourned the hearing until Monday Nearly all the remaining witnesses are to be considered witnesses for the interested parties out side of the service.
 Most of today's session was occupied with the testimony of the two chauffeurs, William l. Owens and Edward Griffith Owens testified he drove Sutton and a party of young officers from carvel hall to the marine camp on the night of the shooting, and witnessed an altercation and interrupted fist fight between Sutton and | Lieutenant Adams as he left his passen- gers near the parade grounds, adjacent to the camp.
 He was told to ''beat it." he said, and came back to town and did not learn of the shooting until the next morning. Grif- filth, who had driven Lieutenant Potts and another officer to the camp just ahead of Owens. testified he met the Sutton party on his way back He stopped be- cause he saw Owens car standing still and thought 1t had broken down. He did not see any fight or hear any loud words, l he said. His testimony in other details corroborated that of Owens. Lieutenant | rvhO ie f0 bou haa, hi with bullet from Sutton's revolver dur ing the quarrel, has not yet been located, although his testimony is considered most | important.
 Surgeon Recalled. | Surgeon George Pickrell was recalled when court opened today, Major Leonard asked if the condition of Lieutenant Sut- tons nose when Surgeon Pickrell exam ined the body would indicate that it was broken and restored with paraffine, as has been reported. Surgeon Pickrell said that no such condition existed.
 What were the conditions that night | as to light or darkness?" inquired Mrs Suttons counsel.
 Tt was a very dark night" was the reply.
 IT. Davis resumed his cross-examination.
 He asked the witness when he first saw Lieutenants Bevan and Utley on the night of the shooting
 Just Iafter Sutton had accosted me I saw Lieutenant Beyan running down the road after Sutton, shouting You are under arrest I don't remember when Lieutenant Utley came upon the scene' said De Hart.
 There are two contradictory things in your testimony continued MT. Davis You say you accompanied Lieutenant Sutton to the place where the fight oo- cured for the purpose of getting his coat, while you show that you had some knowl- edge of his relation to some affair when you asked him to use his fists instead of the revolvers."
 Went With Sutton.
 The witness said he went with Sut- ton because the lieutenant ordered him to go and did not remember of having any other reason for accompanying Sutton. He could not remember wheth- CT they found Sutton's coat. Sutton ran on ahead of him and soon after ward he heard the shots.
 De Hart could not remember how many shots were fred but they all had been fired before he reached the scene. He could not remember how
 
 group about Sutton.
 You as sergeant of marines on the ground near your barracks, came upon a group of officers, one of whom lay on the ground shot, the one you had shortly before accomanyed and you did not take sufficient notice of the situation to tell how many or who the officers were present, is that right 2" asked MT. Davis.
 Yes sir"
 MT. Davis wanted to know why the sergeant took the revolver.
 T took the revolver as anyone would take an object handed to him suddenly. l suppose I was nearest the man who had it," replied De Hart
 Tt did not occur to you to say to the officer: Sir I am not the one to take that revolver?"
 NO sir"
 But 1t did occur to you to throw the revolver away, did it not?'
 Yes sir"
 De Hart said he reported that nigh t to Lieutenant Utley that he had thrown away the revolver.
 The Revolver Found.
 Utley hold him to go out and get if early next morning. It was on the following day that he asked Utley who gave him the revolver the night be- I 1 He did not find 1t next morning and Lieutenant Utley afterward told him it had been found.
 Did you go down there with an idea of protecting MT. Sutton from himself or protecting him from someone else. or try to keep him out of trouble ?'' Major Leonard asked the witness. Well, sir, man running about with two revolvers certainly did not need protection" was De Hart's reply. He added that he went down because ] Sutton asked him to get his coat Did you take the revolver from MT. Suttons hand?' Commander Hood. the ! presiding officer asked De Hart. NO sir" the witness replied. Chauffeur on Stand. William I. Owens, the chauffeur who drove Lieutenant Sutton and his brother : officers out to the camp on the night of the shooting told of taking Sutton, Leu-