The Birmingham age-herald., 1909-08-10
REALLY StNSATlONAL
 IS SUTTON INVESTIGATION
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 son for being so generous and his answer
 was Mama, my greatest happiness is
 when I'm making others happy
 Tt was Jimmie who loaned him his
 linen and 1t was Adams who sent him to
 his grave"
 On May Mrs Sutton promised to send
 Swartz copy of the first inquest testi-
 mony and copy of what evidence she
 had later obtained. She recites her diff
 culties in obtaining anything definite about 'Jimmies' death.
 Punishment For Officers.
 Do you mean to say that if we prove | what we know, these men cannot be pun ] ished simply because they belong to the navy? Those men know why they are so secret about the affair, but we are not
 sleeping and l think the United States
 Will be compelled to sit up and take notice l of what kind of men run the navy and i shield pack of low brutes.e l Shearer comes in for further accusation.
 Just get copy of the Army and Navy
 Journal of october 19 and see the express
 slon on Potts face," she suggests to
 Swartz, and adds:
 Adams, Utley and Osterman's faces will l be enough to convict them. You will see 1 that Jimmie is the smallest in this class,
 and yet 1t took three big men to do him i to death. Shearer looks like an ex-con- | vict Willing turns in the picture a little l from 'Jimmie,' showing they were not on l good terms"
 l On the cross-examination MT. Birney in- sisted that Mrs. Sutton explain why she 1 made these derogatory comments She l retorted that she could express an opinion about Potts face without intending to mean that every one criticised was impli- 1 cated in her sons death. She further in sisted that the contents of her letters to Swartz had been arrived at through read 1 ing the testimony and a sense of deduc- ]! ton, and that she still held to her original | belief
 The love between Jimmie and myself" continued the mother In this letter to Swatz, was the greatest that could exist | between two persons. If Jimmie met with an accident I felt 1t at once We'll the night those beasts were laying their l plans for Jimmie an awrul fear came | over me and my two daughters; we could not talk and each kept away from the other for fear of betraying our feelings l The next day MT. Sutton came in and l asked if I could stand some awful news. He told me that Jimmie was reported | to have killed himself.
 | The Dead Returns. "Oh Godl MT. Swartz." the writer ex-
 
 me would have died Then Jimmie | came up to me and said: Mother, dear l don't you believe it. never killed my | self Adams killed me; they beat me 1 to death and then Adams shot me to | hide the crime He told me how they 1 laid trap for him, how he walked Into 1 1t; how Utley grabbed him to pull him out of the automobiles how they held | Jim and Osterman beat him, about his
  knocked out and the lump under his | jaw and how when he was lying on the ground some one kicked him in the side and smashed his watch, He begged me not to die, but to live and clear his name. Well. after three weeks, I proved some things he told me were true and after repeatedly de- manding the evidence after four months I got it and within the last 1 month I have proved everything he told me.
 Nothing could separate Jimmie from me, not even death, and Adams, Utley, Potts and Osterman will never know moments rest on earth. Why mould theyT'
 MT. Birney demanded to know upon what evidence Mrs Sutton based the foregoing account. She replied the tes- timony to her mind proved it, together with certain letters she had in her possession.
 She asked Swartz to make conf- dant of no one unless he was sure to whom he spoke. saying she did not want any one to suspect anything un- til she was ready. She criticised the fact that officers, following the trag- edy. had been dispatched to different posts.
 Hiding Real Crime. cannot ,ndarston na ,.yh, a,,.,.. cannot see they are trying to hide the real crime and protect those men. If we cannot get justice through the courts, every newspaper in the United | States shall have these facts as we have them, and then see what the opinion of the world will be-"
 The fourth letter was dated May 18.
 In 1t Mrs. Sutton told of having re- | ceived letter from young Owens, the | chauffeur and said that she would en- close copy of that letter to Swartz. You can see from that" she said, | that Adams sat on the front seat. sup
 pose he thought stopping the car would | start fight and when he found 1t would | not. he started at Jimmie anyway. I | firmly believe 1t was Jimmie who called l 'Sentryv when he saw Owens leaving | and realized what those beasts were up | to, and l suppose the blow in the fore head was what slenced him. Tn speak | ing of the trouble in hazing at the acad- | emy he used to say you are perfectly l safe out on the grounds for If anyone l jumps on you, all you have to do is to l call sentry and that is why I believe l 1t was Jimmie who called when he 1 saw what they were up to-" | She enclosed a copy of the letter Owens 1 wrote her, which was in line with the | testimony Owens gave on the stand. Afternoon Session. | When the court reconvened for the l afternoon session the cross-examination | of Mrs Sutton was resumed by MT. Bir- l ney after certain papers, called for dur l ing the morning, had been read into the
 record These were a letter to Mrs. l Sutton from Colonel Doyen, command4nt l Of marines, and an affidavit as to the l events of the ill-fated automobile ride | by Owens, the chauffeur, MT. Birney's 1 cross-examnation ended after two or 1 three minor questions. l Mr. Davis, her counsel, then questioned l Mrs. Sutton as to her acquaintance with l Swartz and brought out the statements | that she had never given him perrnis- | sion to part with the letters put in evil l dence today, and that on their last meet l ing he had wished her all success in her l efforts to bring to punishment those re- l sponsibIe for her sons death 1 Commander Hood. president of tho l court questioned Mrs Sutton as to news l paper interviews attributed to her. which l she denied.
 It was brought out in evidence that 6wartz is an enlisted man in the marine