Evening star., 1909-07-13
Sutton Case Reopened Only
Through Insistence of Mother
HE HAS FORMED NO OPINION
No Power to Summon Civilians to
Testify at First Hearing.
COURT WILL OPEN ON MONDAY
Lieut.. Potts, Now in. Philippines,
May Be Delayed Owing to
Confusion of Names.

Secretary of the Navy Meyer has de-
nieo that his order for reinvestigation OF
the case Of Lieut.. James n. Sutton, U. S
NJ. c., was made because he is convinced
that injustice had been done at the
previous Investigation.
He made it clear that he had not formed
an opinion as to the justice or injustice oi
the matter Upon Mrs. Suttons demand
that the case be reopened and her pues
entation Of evidence which had not be-
fore been taken into consideration, he
states, he gave orders for the inquiry.
Mother Accuses Officer.
Mrs. Sutton's charges are now in tn,
hands Of Capt. Campbell, judge advocate
general Of the navy. She names the mar
whom she believes caused the death OF
her SON He is another officer of the Ma
rine Corps.
Friends and relatives of Lieut.. Sutton
have laid stress on the fact that certain
civilian witnesses were not called by the
first court of inquiry. the verdict of which
is now assailed In answer it is pointed
out at the Navy Department that unit
this year the navy has been without All
thority to compel the attendance Of civil
ian witnesses at courts OF inquiry OF
courts-martial.
Whether the judge advocate of the frs
court of inquiry tried to obtain the vol
untary attendance of civilian witnesses i.
not known here.
Court Opens Monday.
The court of inquiry appointed to in
vestigate the case will meet at the Naval
Academy next Monday and proceed with
the examination of witnesses. Summons
have been issued for the attendance OF
all officers of the Navy and Marine Corps
having any knowledge of the circum-
stances attending the death of Lieut.. SUIT
ton. These will all be on hand in good
| season, with the possible exception OF
Lieut. John Potts OF the Marine Corps
now on duty in the Philippines.
BY a mistake in names. Lieut.. T. M
Potts. jr.. OF the navy was ordered to
hold himself in readiness for attendance
on the court. 1t subsequently developed
that that officer knew nothing whatever
of the case, and that the officer whose
testimony was desired was Lieut.. John
Potts Of the Marine Corps.
The mistake was rectified as soon as
discovered. Arrangements were made to
secure the evidence Of the latter officer.
Potts Evidence Immaterial.
The evidence expected from Lieut.. Potts
1t is said at the Navy Department, is hot
| absolutely essential, being mainly of cor
lroborative character. His absence will
not in itself necessarily involve post
ponement OF the hearing
The family of Lieut.. Sutton will bs
given every opportunity to present an,
| evidence calculated to throw light on tn.
apparent mystery surrounding the deatl
| of Lieut. Sutton and will be represented
| by counsel.
| The investigation is in the hands of th'
| naval court appointed by the Navy De
partment. 1t has been authorized Il
make full and complete investigation
| and will be expected to do SO without In
terference from the department
| 1t will be for the court to determine
| what witnesses it desires, the order an,
method of their examination and all ques
tions that may arise In connection witt
the case. One of these is as to whethe
the proceedings shall be conducted pub
| licly or in secret.
Precedents favor the adoption Of opel
sessions The Sutton court may possibl.
find sufficient grounds for adopting con
\ trary course.
Mrs. Sutton, mother of Lieut.. Sutton
| will arrive in Washington tonight. Mrs
! Sutton and Attorneys Davis and Var
| Dyke, who represent her, will go over
| the case again tomorrow morning, decide
| upon a few unsettled points and ther
await the opening of the court of in
quiry at Annapolis next Monday morning