Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-13
CONSPIRACY TO CONCEAL
TRUTH, HE ALSO CHARGES
Accuses Adams of Shaping Testi-
mony to Fit Exigencies.
SAYS DE HART IS PERJURER
Marine Officers Involved Guilty Of
Dereliction, and Two of Them
Worse Offenders, Says
Sutton's Counsel.

| Special From a Stat, Correspondent.
| ANNAPOLIS Md. August 13.-'The un-
identified hand that gave that revolver TO
Sergt. De Hart that night is stained with
blood. According to Sergt De Hart's teo-
timony. only Lieut. Adams or Lieut..
Willing could have handed him the re-
volver."
Declaring that Lieut.. Sutton did not die
by Suicide or accident, Henry B. Davis.
attorney for the Suttons. summed up his
case before the court of inquiry this
morning.
Openly charging Lieut.. Robert L. ADAMS
of the case and Sergt. James De Hart
with fragrant perjury, asserting. the ex
istence of conspiracy to conceal the
| truth and criticising the first court of in
quest severely, Attorney Davis delivered
mastery and sensational speech. Prac-
tically assuming the responsibilities of
prosecutor, Mr.. Davis showed no mercy
to the five commissioned officers and the
sergeant of marines who appeared as
parties defendant to the injury.
Review Of Evidence.
| After an Introductory address, in which
he painted sympathetic picture Of the
last hours of Lieut.. James n Sutton, jr..
| who died October IL, 1907, and told OF the
efforts OF his mother and sister to remove
from his name the stigma of suicide
placed upon 1t by the finding of the court
of inquest held the day after Sutton died.
Mr. Davis took up the evidence as pre-
sented before the present court and based
his argument upon that entirely.
| AS he proceeded with his address to
| the court he struck harder and harder
at Lieuts. Adams, Ostermann. Willing,
Bevan and Utley and Sergt. De Hart.
until toward the close of his description
of the final scene Of the tragedy he came
out into the open and charged all the
young officers with dereliction. and two
| of them with worse offenses.
For half an hour before Mr. Davis be-
gan to speak a large crowd sat in hushed
| expectancy and listened impatiently to
the verifcation of their testimony by sew
eral witnesses. The last witness to go
over his testimony was DIR. E. NJ.
Shaeffer of Washington, the expert on
| SunSnOt WOUNDS, VINO was Oh the Sldnu
| Wednesday and yesterday.
| AS DR. Schaffer retired from the wit
ness chair, Commander Hood nodded to
Mr.. Davis in signal that the court was
ready to hear him. In the room there
was dead silence.
Situation in Courtroom.
Directly across the table from Mr..
Davis sat Lieut.. Adams the man who
was an hour later. to listen to scath-
ing arraignment of himself. To the right
of Mr.. Davis sat Mrs. Sutton, the mother
of the dead lieutenant and on the right
Mrs. Rose Sutton Parker, James n. SUIT
| toms sister.
| AS Mr.. Davis arose from his chair the
bell in the tower struck five bells. which
! is half-past 10 o'clock. Mingled with
the resonant peals from the belfry were
the strains of light popular air. Down
In Jungle Town. borne into the court
room on the breeze that blew from the
stand in which the Naval Academy Band
was giving its regular morning concert.
Over across the table, back of where
Lieut.. Adams and his counsel, Arthur
A. Birney and Capt. Thomas H. Brown
of the Marine Corps, were seated, sat
the other defendants, Lieuts. Edwin Os-
Bevan and Howard III. Utley. Near them
| sat Sergt De Hart himself defendant
in the inquiry.
| At the head of the table were the
members of the court. Commander Hood,
| the president. and Lieut.. Jenson of the
navy, and Mai. Neville of the Marine
Corps. Facing them at the lower end
| Of the table was the judge advocate,
Maj. Henry Leonard
| Every one connected with the service at
Annapolis whose duties did not prevent
was in attendance to and hear the
finale of a case that has been followed
with the keenest interest by members OF
every branch of the military service of
the United States. From Washington
were number of visitors, who came to
hear Mr.. Davis, Mr.. Birney and the judge
advocate speak.
Gone from the faces of everybody in the
courtroom were those signs of evity that
| were so apparent during other periods of
the inquiry. Even those who are most
unsympathetic with the Sutton cause,
those whose whole life interest is wrapped
| in the service. sat silent and grave during
Mr.. Davis summing up.
Accused Gives Close Attention.
| The defendant officers followed his
speech closely and with the keenest in
| terest. They more than anybody else,
as secure as they are in their own con-
viction that there can be but one pos
sible verdict, realize the seriousness OF
| the situation, even though the findings Of
| the court be entirely in their favor. And
| so they faced Mr. Davis today with faces
calm and dispassionate and listened in
tently to what he had to say.
Lieut.. Adams had in his hand copy OF
his own testimony. AS Mr.. Davis pointed
out without mercy and with little deli
cacy. the discrepancies in his statements.
Adams closely followed the accusing at
torney. From time to time he consulted
with his own counsel.
Adams is man whose face reflects
his emotions with readiness. Often dur /,
ing Mr.. Davis address his brow would
contract in anger. Again his excitement