Los Angeles herald., 1909-08-19
COURT
FINDS SUTTON
KILLED HIMSELF
CENSURES OFFICERS FOR MIS-
JUDGMENT
ENDS THAT WHOLE CASE
BE DROPPED
Mothers Charges Laid to Imagination.
Sister Says Verdict Is No Sur
prise-Matter May Go
to Congress
fBy Associated Press. ]

| n
w tenant Sutton was directly and
solely responsible for his own
death. which was self-innicted, inten-
tionally or in an effort to shoot one of
the persons restraining him, and his
death was not caused by any other in
! jury whatever"
This is the verdict of the naval court
of inquiry, which for some weeks has
had under investigation the cause of
the death at Annapolis naval academy,
! in October, 1907, of Second Lieutenant
! James N, Sutton, jr., of the marine
corps, which verdict has been approved
by the Judge advocate general of the
! navy. and by Beekman winthrop, as
sstant and acting secretary OF the
| navy.
The court also finds
THAT Lieutenant Utley failed in his
| duty as senior officer present, under
article 266. United States navy regula-
tions, 1909, in permitting Lieutenant
Sutton to run away and arm himself
instead of calling on those present for
assistance and following Lieutenant
Sutton, preventing him from arming
himself, by force If necessary, and
turning him over to the custody or the
officer of the day.
THAT Lieutenant BeVan, officer of
the guard failed in his duty as officer
of the guard in not disarming Lieuten-
ant sutton. by force, while in front of
his (Sutton's) tent.
Declares Mother imaginative
"That Lieutenant Willing. the officer
of the day, failed in his duty as an
officer of the day in not Immediately
assisting by force in helping to disarm
Lieutenant Sutton when he arrived on
the scene before the fatal shot was
fired
"rhat the charges of willful murder
and conspiracy to conceal Il, made by
the complainant, Mrs. Sutton, mother
of Lieutenant sutton, are purely imag-
mary and unsupported by even
shadow of evidence, truth or reason.
"The court recommends, however,
that in view of the. youth and decided
inexperience of Lieutenants Utley, VIII
ling and BeYan, at the time, and or the
altogether unusual conditions OF eX-
citement. threats and danger during
the aforementioned fray no further
proceedings be taken"
The report is signed by ]. Hood |
commander, United states navy, pres /
ident of the board, and Henry Leonard, |
major. United States marine corps |
Judge advocate.
Commander Hood also filed a MINOR
ity report in which ne says ne concurs
in the majority report, and in addition |
he is of the opinion that Lleutenants I
TJtley, Adams, Osterman, Willing and
Revan showed a deplorable lack or |
knowledge of their duty and Obligations
as officers holding commissions IN the
marine corps; and the testimony CON
cernipp the whole deplorable affair in
dicates a state of discipline then exist
ing in the marine school of application
discredttabIe to the service, and argues
strongly against the practice OF COM
missioning and putting into positions
of responsibility young men WITHOUT
proper previous training.
Department Adds censure
He is also of the opinion that Lieu
tenants Willing, Bevan and Utley
should have been brought to trlai at
the time for neglect of duty Lleuten-
ants Adams and Osterman should have
received military punishment for en-
paging in a brawl unbecoming ofncers
and gentlemen, and he concurs IN the
recommendation that no further pro-
ceedings be taken because of thelr
youth and inexperience at that tlme'
and because of their being, in sense
the victims of a system Tor Whlch lhey
themselves are not responsible.
Tn approving the findings and rec
concentrations of the court and the
Judge advocate general, Acting Secre
tary winthrop says: -.--,., -
"Bv its concurrence in the OPINION VI
the court, ana OIL lIiett cap $500 -; |
minority report, the department lhdl-
Gates its thorough disapproval OF the
lax discipline shown by the evidence
10 have existed at the marine sehool
of application prior to and at the tlHle
of the death of Lieutenant sutton.
'The results of this inquiry naNe
brought serious discredit not only on
the officers directly responsible for the
eficiency of the institution, but unfor-
tnnatelv on the marine corps as
whole"
commends Courts Findings
Tn the beginning of it's report the
"After due consideration of the tes-
timony. in the taking of which the
widest latitude was allowed all par
ties. with the object of bringing out
any possible bit of testimony or fact
that might in any way bear on the
subject matter nnder inquiry anu alter
carefully weighing all the evidence,
which, as might Jbe expected after the
1apse of time and in view of the ex-
citement under which the principal
witnesses were laboring at the time of
the occurrence of the matter under
inquiry is peculiarly mixed and con-
Trajectory in details, the court finds
certain facts standing out clearly, dis
tinctly and beyond dispute or cavil.
Accordingly at 2:30 o'clock in the
afternoon the Judge advocate was
called before the court and directed to
record the following facts:
mo 1.-The dispute took place and
filthy language unbecoming an officer
and a gentleman was used by Lieuten-
ant Sutton toward Lieutenant Adams
in the presence of their senior officer,
Utley, about l O'clock Oc-
tober 49, 1907: that Lieutenant Utley |
and Lieutenant Osterman interviewed
to prevent a fight.
mo. 2-That because of this inter-
o Continued Page Two