The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-07-27
PRIVATE TELLS
STORY OF FIGHT
Evidence Tends to DiSCredit
Testimony of Marine
Corps Officers.
SUTTON MYSTERY DEEPENS
EVIDENTLY WHOLE TRUTH HAS
NOT BEEN TOLD.

Annapolis, Md, July 26.-TOday's ses4
sion of the board of inquiry investigat-
ing the circumstances surrounding the
death of Lieutenant James n. Sutton Of
the marine corps, VINO was mysterious
ly shot two years ago, afforded some
surprise in the testimony given by
Charles w Kennedy, now a private in
the marine CORPS at Norfolk, Va, and
Surgeon A. D. Mccormick, L. s. n.
Kennedy told a frank straightforward
story of some of the incidents prior to
the shooting. His testimony supported
the contention of Sutton's mother and
sister, that Sutton did not seek the fights
with Adams and the other officers.
In attacking his credibility, Major
Leonard, judge advocate, went into
Kennedy's record and showed he had
been disciplined on several occasions in
the service.
Saw the Men Fight.
Kennedy said he had been reluctant
to mention his part in the affair be-
cause Lieutenants UUey and Adams had
both admonished him to keep quiet"
On his way TO relieve a sentry at 1
o'clock on the morning of the shooting,
he had come upon Sutton. Adams. Os-
terman and Utley in an angry argu-
ment the witness said. Adams was in
mis- shirt sleeves ready for a fight.
All right. Adams, if you want to
fight I'll fight yOu," the witness testified
he heard Sutton say. They fought
hard for a few minutes and Sutton's
face was bloody, when Utley stopped
the fight
Heard Shots Fired.
He said he saw the two fight again
as ne was going to his post. Half an
hour later Kennedy heard the shots, and
soon after Adams appeared and voluu-
/ teered the information to Kennedy that
Sutton had shot himself, and that Adj
ans had had his finger shot off.
Utley also told him Sutton had killed
I himself, the witness said. Next morn
ing they both cautioned him not to say
anything about the affair While at
early drill next day. the witness said
he saw Lieutenant Utley go to the edge
Of the parade grounds and pick up a
1 service revolver, which Utley carried
into the barracks with him.
Kennedys testimony was not shaken
on Cross-examinauOn.
Testimony of Or. Mccormack.
DR.. Mccormick was present at the
autopsy held on SUtton's body and ex-
amined the bullet wound. he testified.
He located the wound back of and
+ slightly above the right ear, while DR..
/ Pickrell testified it was near the top of
/ the head.
Several former witnesses denied that
/ any of them had handed a revolver to
! Sergeant DeHdrt on the night of the
/ shooting, as DeHart testified
Continuance Refused.
/ At the opening Of the Sutton inquiry
/ today. Mr.. Davis Mrs. Sutton's counsel.
I suggested to Commander Hood, presiding
| member of the board. that as the wit
/ nesses on hand would not carry the pro-
! ceedings beyond the week, an adjourn
ment might be taken at the close of to-
days session until next week Monday,
/ when Surgeon F. G. Cook and Lieutenant
Harold II. Utley Of the marine corps, the
! two witnesses now abroad, are expected
/ to arrive here. The court, however, de-
[ Cided to continue the sessions from day TO
day.
/ Lieutenant Edward A Osterman Z. S.
/ NJ. c. was recalled and questioned by
/ Mr. Davis in regard TO the revolver which
was passed to Sergeant DeHart on the
! night of the fight when Sutton was killed,
/ according to DeHaTt who swOre, however,
/ that he did not know who gave him the
| weapon.
Osterman said he did not see a revolver
given TO DeHart and did not know who
! gave il to the sergeant. 'But l have
/ recollection that some one did hand him
I one UL tile ItNOlFeLs5 duuCC tLIC Nl1iiCo0'
Willing Recalled.
Lieutenant Edward S Willing of the
/ marines also was recalled and questioned
/ respecting the revolver incident. He, like
/ Osterman. denied having handed the
weapon to DeHart. He said he heard
! afterward that somebody had given De
} Hart revolver, but that he never heard
who the officer was who did SO.
! William J. Owens, the chauffeur who
drove the officers TO camp on the night
! OF the tragedy, was recalled and cor
he had never heard one of the officers
call for the sentry, instead of orderly
after Sutton and his companions got out
of his car 'Cn the dump
] Young Owens said he thought orderly
and sentry" meant the same thing when
/ he previously testified.
Owens said he knew Sutton and liked
him very well, because he always gave
him a good tip, while the other man gave
him nothing.
was recalled and testified he heard the
! cry of sentry.
/ owens aud Griffiths testimony did not
] agree as TO the relative locations of their
cars on the night in question.
Mrs. Sutton. the mother of the dead
officer. probably viii be called as wit
ness 1t is understood she will be able
to identity a written challenge and a
| subsequent apology from one of Sutton S
| brother officers in the marine corps, writ
ten but a short time before Suttonls death.
The Young officer who challenged Sutton
ia a duef has not vet been subpOenaed as
q witness but it Is understood he VIII De
soon This testimony il is claimed, would
tend to show that young Sutton was not
tof a uuarreisome mind and after receiving
"a challenge ne, persuaded the sender to
exchange mutual apologies hlStedu Vi
17ov-su~- any omen trouble