New-York tribune., 1909-07-27
TWO SUTTON FIGHTS
CONP4NIONS GOADED HIN /,
SAYS WITNESS.
Marine Tcstifes He UdS " arned 0y
Lieutenant to Keep Quiet-
Utley Found ReuolUer.

| Annapolis July 2s.-To-days session Of the SUIT
TON hea ring afforded surprise in the testimony
! ei,-en nv charles w Kennedy now private in the
| marine corps at Norfolk, Va. and Surgeon A D
! Mccormick, L. s. N
| Kennedy told frank. straightforward story OF
some of the incidents prior to the shooting which
had not been mentioned by any of the young officers
! who have already testified. Though eyewitness
to the earlier encounter between Sutton and Lieu
! tenant Adams the night the former was shot
| Kennedy's name has not been mentioned by the
! witnesses concerned IN the affair.
! His testimony supported the contention OF SUIT
TONS mother and sister that Sutton did not seek
the fights with Adams and the other officers In
attacking his credbillty, Major Leonard, the judge
advocate. went into the privates record and showed
he had been disciplined several occasions in the
service.
Kennedy said he had been reluctant TO mention
his part in the affair because Leutenants Utley
and Adams. his superiors had both Hdnonished
him the morning following the shooting to Keep
quiet"
On his way TO relieve a sentry AZ 1 o'clock on
the morning Of tho shooting he had come upon
Sutton. Adams Osterrnan and Utley in an angry
argument the witness said. Adams was in his
shirt sleeves ready for fight. and Sutton had &C
costed him (E[ennedy) and asked him TO hold his
blouse. cape and cap
"Afl right Adams. II you want 20 tight III hgnt
YOU" he heard Sutton say. the witness testified
They fought hard for a few minutes and SuttonE
and stopped the fight. saying the guard would be
out II they did not stop.
THE SECOND ENCOUNTER
A second time he saw Adams and Sutton come to-
gether as he was going away to HIS post, Kennedy
said. Half Rn hour later Kennedy heard the shots
from his post the naval hospital. and soon after
Adams appeared AT the hospital and volunteered
the information that Sutton had shot himself and
that Adams had had his finger shot off. Utley also
told him at time that Sutton had killed himself
the witness said Next morning they both cau-
toned him TO say anything about the affair
While ct early drill the following morning the
witness said. he Lieutenant Utley go to the
edge Of the parade ground and pick up IS calbTe
Colt service revolver. which Uuey carried into the
barracks with him The incident had been observed
by other peivaes in the company the witness said
Kennedy's testimony not shaken by the cross
examination Of Adams's counsel Mr. Brney, nor
by that of Major Leonard
Dr. Mccormick present at the autopsy held
Sutton's body apd examined the bullet wound.
he testified. He found the wound back OF and
slightly above the right ear. while Or. Pickrell
testified II was near the top Of the head.
Several former witnesses recalled at the
morning session to-day and questioned by Mr.
Davis, Mrs. Sutton's counsel as to whether any or
them had handed a revolver TO Sergeant De Hart
on the night of the shooting. as De Hart testified
They all denied IT, There are no other wit
nesses on hand and IT is expected Mrs Sutton and
her daughter will testify tomorrow
To s1.bstantiate Keanedy's testimony. Messrs
Davis and Van Dyke Mrs Sutton. Mrs. Parker rnd
several newspaper men went TO the parade grounds
after the adjournment ard took the various posi-
tions from which the witness said he saw and
heard the fights Mr.. Davis said afterward that
their casc would rest principally on tho testimony
OF Kennedy and Mrs Parker.
THE cHAUFFEURs RECALLED
William I. owens the chauffeur who drove the
officers to camp on the night Of the tragedy, was
recalled to-day and corrected his testimony He
deered to say that had heard one of the officers
call for the sentry" instead OF orderly. nfter
Sutton and his companions got out OF his car on
"the dump"
young owens said that he thought orderly and
..santry meant the same thing when he previously
testified Owens said he had not been told since he
tee,ined that they different ranks
HIa{or Leonard closely questioned Owens on this
,o,nt u,hen the chauffeur testified last week. At
that time owens insisted that the call was for an
orderly
owens said he knew Sutton and liked him very
well because he always gave him a sood UP Wili'e
the other men gave him nothing.
Edward Griffith the other chauffeur, was recalled
and testified he heard the cry OF Sentry! Owens's
and Grlfnths' testimony did not agree as to the
relative locations of their the night IN
question.
is understood VIII identify written challenge
and a subsequent apology from one Of sutton's
brother officers in the marine corps. written
short time before Suttons death
The officer who challenged Sutton 10 duel has
not yet been subp9naed as a witness. but II Is
expected he will he summoned as result OF
Mrs Sutton's testimony. This. IL IS asserted.
would tend to show that Sutton not Of a quar-
resome mind and after receiving challenge he
persuaded the sender to exchange mutual apologies
instead OF having any open trouble.