Omaha daily bee., 1909-07-20
First Witness Testifies That He Wa
Trying to Kill Him.
SAYS DEAD MAN WAS AGGREssoR
Judge Advocate Says Case VIII BE
Probed Until All the Facts Sur
rounding It Are Laid
Bare.

ANNAPOLIS, Md July 19.-The openi
session here today Of the court Of inquiry
which is conducting a second investigation
into the death Of Lieutenant James Nuttle
Sutton OF the United states marine corps,
was replete with dramatic situations.
Lieutenant Robert F. Adams Sutton's for
mer classmate at the academy and one
OF the principal actors in the midnight
fight which cost young Sutton his life
nearly two years ago. occupied the witness
stand during the entire session and told
a graphic story of the incidents leading
UP to Sutton's death.
With nervous demeanor, momentarily
confused at times and yet almost defiant
under the severe cross-examlnatlon OF
Henry f. Davis, counsel for Mrs. Sutton,
mother OF Lieutenant Sutton, Adams sat
facing Sutton's mother and sister during
his examination. His brother officers.
Lieutenants Bevan and Osterman, flanked
by Adams two lawyers sat farther down
the inquiry table. Major Henry Leonard.
Y. $ NJ. c., the Judge advocate, and the
three members Of the board, completed the
impressive sitting, In their white service
uniforms. At one point in his testimony
Lieutenant Adams and an orderly enacted
the struggle with Sutton. The witness
was still under cross examination when
the inquiry was adjourned until tomorrow
morning.
Discrepancies in story.
Mr.. Davis succeeded in bringing out a
number of discrepancies In Adams testi-
nony today, compared with his version
of the tragedy at the former investigation,
when the board OF inquiry found that SUIT
ton died by his own hand. How important
they may be, and what bearing these con-
lot hox R,,t,
position in the case. Is expected to develop
more clearly as all the facts are gradu-
ally unfolded in court.
ride to the marine camp In an auto
mobile with Sutton and two other officers
of marines Lieutenants Utley and Oster-
man; altercation between Sutton and
the witness, ana a deferred encounter
when the senior officer interfered, as the
automobile was stopped short OF the camp
with the intention OF avoiding being caught
returning after hours a later accidental
meeting OF the witness and Sutton, on the
border OF the woods near the barracks
and the fight between the two men, with
sutton, armed with a revolver in either
hand and firing five shots the last OF
which he directed into his own head while
lying on the ground, these were the points
in Lieutenant Adams testimony.
The witness said he had risen from tn,
PROSTATE Sutton whom he believed TO b,
exhausted, and stood few feet back o.
him when he saw sutton raise his righ
hand and fire a bullet into his own head
Just previously some one OF the Officers
who had come upon the scene had crieS
that Lieutenant Edward p. Rocker hat
been killed the witness said. Adams haC
made no attempt TO take the revolver from
Suttons hands when he broke away. o
was pulled away from him, he said, IL
reply to Lawyer Davis often repeated ques
tion. Sutton had previously threatened t
kill him and was generally avoided b!
the marines because of his wild talk ant
actions, according to the witness,
Not Looking for ScapeEOat.
After the ses ion today Mr.. Davis sal,
that II was not his intention to fasten tn
responsibility Of Sutton's death on any one
but that every effort would be made to dis
credit ard refute the suicide story
Rocker Is an important witness who ha
not yet been located, His mother accepte
service OF a subpoena for him In Wash
ington, 1t is said, but his whereabouts
not known, He left the service soon afte
the Sutton tragedy. Mrs Sutton's coun
sci said tonight that Miss Margaret Stew
art OF Pittsburg. the young woman VIII
was with sutton most of the evening be
fore he met his death, might be called a
witness. Her testimony would be mater
ial in refuting the theory Of suicide h
said,
Miss Stewart Is now In Canada but M
Davis said her father had recently gone I
see her and talk over the advisability {
her returning and tesdfying.