The Washington times., 1909-08-05
.UTLEY ON WITNESS
STAND AGAIN TELLS
Of SUTTON'S DEATH
Lieutenant Valves His
Right to Refuse to
Testify.
NAVY WIVES CROWD
THE COURT ROOM
Story But Little Different From
That Told by
Others.
By THEODORE H. TILLER.

ANNAPOLIS, Aug. 5.-Waivng
immunity from testifying because
he had been made a co-defendant,
Lisut. Harold H. Utley, recalled
from across the Mediterranean and
regarded by many as the most i'm
portant witness of them all, took the
witness stand this morning and told,
as have his fellow-officerS, the naval
inquiry board, that Lieut.. James N.
Sutton committed suicide and that
he was not killed by some one else
in midnight campus fight here two
years ago.
New Testimony.
Something new in the line Of testi-
mony was expected today. for it was
thought that Mrs. Sutton. who vas
sworn Just before the INJURY ad-
journed ten days ago. would be heard
Utley, however, was called and the
what contradictory story Of the events
Of the night of October 13, 1907, in
stead of a mothers recital of the
proofs she says she has obtained that
viii prove that Jimmie Sutton was
not a self-rnurderer.
Lieutenant Utley is a handsome. dark
skinned. erect young officer Of most
serious mien. He told his story with
apparent raightforWardness, but care
fully and with a eaten in his voice
al times. Not once did he smile des-
pite the fact that several little quips
between counsel caused others 10 laugh.
Here are the main discrepancies in his
story. as compared 10 those of the
officers who have testified before him.
Private Kennedy declared that he
AT reveille the next morning. saw Utiey
pick up gun OF the campus, the
weapon supposedly being the one De
Hart threw away. Utley says he did
not
As soon as he arrived in the court
room Uuey was told that he might
consider himself as a co-defendant
in the Investigation. Directly across
the table sat Mrs. Sutton. whom the
court now regards as complainant.
despite her declaration that she is
only seeking TO prove that her son did
not commit suicide.
she again had TO hear the details
Of how her sen had been merciIessly y
beaten just before his death, and 70
listen TO another fellow-onicer say
that Sutton's own hand fired a pistol
shot into his brain
The same eXpectant throng that
crowded the court room nearly two
weeks ago when il was announced that
Mrs. Sutton was TO take the stand, was
present before the hour Of reconvening
arrived today.
Women p-edominated and among
these were a majority from the naval
set. women who have shown that they
do not symDathiZe to any appreciabIe
extent with reopening OF the case.
They were al disappointed. however.
for Mrs. Sutton was called from the
stand and Lieutenant Utley took it.
Although a good witness. he devCl-
oped but few thrills. and tcld in some
what different form and with fewer
contradictions than some others pre-
viously heard, a story that kad been
told before. namely. that Sutton killed
himself
Il move that the testimony Of Mrs.
Sutton now be suspended and that Lieu
tenant Utley be called 10 the stand.
suddenly said Major Leonard. when the
court really got down TO business.
II move further" he said that the
defendant be told of his rights in the
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