Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-28
HE WILL MAKE IT LIVELY
IF HE DOES PROSECUTE
Fur Will Fly" and He Will Use
No Kid Gloves
"AMAZED AT SELF-CONTROL'
If His Plea Is Not Successful. May
Not Remain in Case. However.
Utleys Rights as De-
fendant

court of inquiry in the sutton case III
changing the alignment of the parties in
terested in the inqury-in declaring Mrs.
Rosa 3. Sutton mother of the dead lieu
tenant, to be the accuser and the officers
who were with Sutton on the night he
died the defendants in the proceedings
Henry E. Davis, chief counsel for the
test TO the Secretary of the Navy against
the courts ruling.
He will ask the Navy Department, as
the convening authority. to intimate to
the court at Annapolis that it went out
side its powers, as set forth in the pre-
cept or convening instrument, and that
the parties to the inquiry should be re-
stored to their original positions.
ITO say j was astonished at the ruling
of the court that the charge contained In
Mrs Suttons letter formed basis for
change in the alignment does not hint at
nv feelings Mr.. Davis told a Star re-
porter this morning.
Astounded and Outraged.
Il was aStOundeu. lncenSeu anu Jul
ragged And l am vet. The more 1
think over it the more amazed ] am at
my own self-control.
II was not surprised at the contents OF
the letter put in evidence by the judge
advocate. ! knew that Mrs. Sutton had
made vigorous application for this
inquiry. and that she did so not only
upon advice of counsel. but upon advice
of the friends whose influence she in
voked in pressing her case.
But that her charge. as contained In
the letter which antedated the precept,
should have been admitted as evidence at
that stage Of the proceedings was so pre-
posterous that / am at loss to under
stand how the court could take the ac-
ton it did. If this charge had been con-
sidered as something proper to be consid-
cred by the court why did not the Navy
Department in the precept take cogni-
zance of it and declare in the precept that
the Suttons were accusers and the COM
'panions of Lieut.. Sutton on the night OF
his death We're the accused and let the
inquiry proceed along those lines"
II cannot say at this time whether
will remain in the case. My decision in
that matter will not be made until
learn what action the Navy Department
takes with regard to my formal protest
against the ruling of the court.
..B,lt let me say one thing. If | am
placed in the position of prosecutor In
this case the fur will fly. ] will go after
those defendants for all | am worth.
Hereafter kid gloves will be conspicuous
by their absence.
Standing of Ucley.
Mr.. Davis made strong point respect
ing the standing of Lieut.. Howard ii. Ut
lev. whose absence caused the abrupt
postponement of the case. Lieut. Itley
PLAYED a most prominent part IN me
events of the night of October l2-l3,
1907, on which Sutton died. AS shown
by the testimony of the various witnesses
who have testified so far he accom-
panied Sutton. Adams and osterman on
their automobile ride from Carvei Hall
TO the marine reservation.
He stopped the first fight between
Adams and Sutton. Later, when Sutton,
according to the testimony. had ar1ned
himself with two revolvers, 1t '7as Utley
who notified Lieut. Willing, ofii,er OF the
day that there was trouble going on.
I-tley was back at the scene or the
final encounter when Lieut.. Bevan, the
officer of the guard. arrived. BeVan sald
Utley was helping hold sutton down.
Then a few minutes afterward Utley was
at the hospital on the opposite side or
the reservation from the barracks. telling
the hospital authorities of the tragedy.
He is also described by SerSt De Hart
as the officer to whom he. De Hart, re-
ported the incident of the revolver that
the sergeant threw away on the parade
ground and who told De Hart early the
following morning that the revolver had
been found. Again he Is named by Pri-
yate Kennedy as the man who told Ken
nedy the next day TO keep his mouth shut
about the affair.
In view of his wonderful connection
with so many phases of the affair. the
court included him in the list of de-
PENDANTS named under it's ruling yester-
day and halted the entire proceedings to
await his arrival on the cruiser North
Carolina.
Utley's Rights as Defendant.
IF the Navy Department allows my
protest and Utley goes on the stand as "a
Witness continued Mr.. Davis. .he
must not be allowed to communicate
with any of the officers who have testi-
fed Under the direct order of the court
they are prohibited from discussing the
case with any one. Furthermore he can
not have access 10 any testimony in
either the first or the second inquiry
But if he is declared defendant. then
he can examine all the testimony and can
confer with his fellow defendants about
the stories they have told on the stand
and can otherwise prepare himself to
meet the attack and protect himself
This would nullify absolutely the useful
ness of one of the most valuable witnesses
in the case.
No intimation was given at the Navy
Department today that there would he
any interference with the court at An
napolis Naval officers in discussing the
question say the court could have done
nothing else under the provisions of the
naval code.
They also uphold Mai. Henry Leonard.
Judge advocate, in his policy of keeping
Mrs Sutton's letter back until I.ieutS.