Evening star., 1909-08-19
NOT DECIDED
Attorney Considering Plans to
Reopen Sutton Case.
STATUS IN LAW COURTS
Only Two Ways to Bring the Matter
Before Them.
MOTHER KEEPS OWN COUNSEL
Refuses to Say What Next Pro-
cedure, If Any, Will Be-Davis
Not Yet Decided.

Not Yet Decided.
What further steps will Mrs. Rosa 3.
Sutton take to clear from the memory
of her son. Lieut.. James Y. Sutton. jr..
the stigma Of self-destruction placed
upon 1t by two naval courts of inquiry
after Investigations of the causes Of his
death at the marine barracks at An
napolis the night of October Il. 1907?
That Mrs. Sutton remains absolutely
mistaken in her belief that her son
did not kill himself may be- stated as
fact. That she intends to do all she can
to reopen the case is also true. But she
and her attorney, Henry f. Davis. are
not yet ready to announce what plans
they have formulated. and until such
announcement comes those interested
in the matter must remain in suspense.
Mr.. Davis said today that he would
hardly reach decision for ten days or
two weeks. He will leave Washington in
| few days to attend the annaul meet
ing of the American Bar Association,
which convenes at Detroit next week,
and to which he goes as a delegate
from the District Bar Association. and
will probably not take up the Sutton
case until his return.
Mrs. Sutton and her daughter, Mrs.
Parker. are at their apartments in the
Burlington. They decline to discuss the
| case and refer all seekers for informa-
| tion to Mr. Davis.
Ways Of Reopening Case.
Lawyers. in discussing the case, are OF
| the opinion that there are but two ways
to bring the matter before the federal
! courts. One is to present the evidence
| in the case to the United States attorney
of Maryland and ask him to lay it before
| a grand jury. Under this method Of pro-
cedure a definite charge of crfminality
against some one would have to be
made. Another method would be for
Mrs. Sutton to appoint an administrators
| to the estate of her son and have him
| file suit for damages against one or
| more Of the young officers who were
| parties defendant in the second inquiry.
AS far as the findings of the court Of
, inquiry are concerned. there is no appeal
| from them except through the Navy De-
partment and as that department has ap-
| rection is cut Off. The only way to dis
turb the attitude of the department is by
an appeal to President TAFT.
| Mrs. Sutton has already failed In an at
tempt to get her case before the criminal
| branch of the federal courts ot Maryland.
Some time ago she asked District Attor-
ney Rose at Baltimore to probe the case
| She laid before him the evidence of the
| first inquiry, held at Annapolis the day
| after Sutton died.
Declined to Present Case.
| District Attorney Rose examined this
carefully and then summoned witnesses
from Annapolis and heard what they had
| to say After thorough investigation of
| the matter he Informed Mrs. Sutton that,
| in his opinion, there was nothing to JUS
| tify presentment of her case to the led
eral grand jury.
| Mrs. Suttons course regarding con-
gressonal investigation would be to pel-
! tion Congress. Her petition would be re-
ferred to the committee on naval analrs
Of the House and Senate. whichever Do0y
she presented her petition to. The COM
mittee would appoint subcommittee TO
look into the records of the case and re-
port to the full committee. which, in turn.
would report to the House or Senate, as
the case might be.
Counsel and Judge Advocate Clash.
One Of the interesting features Of the
case is the whacks Attorney Henry r.
Davis and Maj. Henry Leonard. the judge
advocate of the court Of inquiry. are TAX
ing at each other. When the inquiry be-
gan and for some time afterward during
| the course Of the proceedings Mr.. Davis
and Mai Leonard were on the most cor
dial terms, but after the introduction of
Mrs. SuttOn'S letter to the Navy Depart
ment which resulted in a realignment
| of the interested parties, making COM
| plainant of Mrs. Sutton and defendants OF
| her sons companions, their relations were
| strained. The judge advocate and the
| Sutton attorney were polite, but Things
were never the same again.
| On the final day they took a couple of
shots at each other. In most cases Mr..
Davis was the aggressor. but Maj. Leon
ard always came back. with the result
| that their wordy scraps became one OF the
features of the proceedings
Yesterday Mr.. Davis turned of little
sentence in which he flicked the skin of
/ the judge advocate. His gentle thoughts
| he expressed thus:
The judge advocates handling of the
case is fifty supplemented by the court s
action, which makes the inquiry a mere
curtain raiser to the main performance
| Which, to all who followed the proceed
| ings, is strong intimation that the Judge
| advocate was. in reality, counsel for the
| defendant officers
Maj. Leonard Hits Back.
| BY way Of reply to this Judge Advocate
/ Leonard issued the following statement:
I'm the conduct of the Sutton case l. as
| representing the United States. had but
| one aim in view. viz, the production be-
! fore the court of every fact and Of every
| paper or other bit of evidence which
/ tended, even remotely, to indicate the ex-
| the publication of the finding of the court
| of inquiry my connection with the Sutton
J case ceases, except for the very pleasant
] acnIIaintance which I gained through the