Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1909-08-21
SUTTON WAS
NOT MURDERED
Court Of Inquiry Says Charges
Are UnfOunded.
OFFICER ALONE RESPONSIBLE

Court Declares Charge of Wilful MUIR
der Made by Mrs. Sutton Is Purely
Imaginary and NEUTRALITY-SUSPICIOUS.
mends That No Further Proceed
inns Be Taken at This Time.
Washington. Aug. 1.-THE navy de-
partment made public the finding In
the Sutton case. The court of inquiry
which investigated the case found that
Lieutenant Sutton was responsible for
his own death, which was s~elf-infic.
ted, either Intentionally or in an eff
fort to shoot one of the persons re-
s~training him. The court further de-
ciares that his death was caused by
no injury. as was alleged during the
trial.
In the opinion the report says also:
That the charge of wilful murder and
conspiracy to conceal IL, made by the
complainant, Mrs. Sutton, mother of
Lieutenant Sutton, Is purely imagin-
Try and unsupported by even a shadow
of evidence, truth or reason"
The court recommends that there be
no further proceedings. There Is a
minority report of the court signed by
Commander J. Hood. of the navy,
president of the court. He says that
~Lieutenants Utley, Adams, Osterman,
Willing and Bevan should have been
court-martialed at the time, and that
Lieutenants Adams and Osterman
should have been punished in some
mild form.
Commander Hood, however, concurs
In the recommendation that no further
proceedings against the officers in.
volved be taken at this time, only"
he says, because Of their youth and
inexperience at that time, and because
of their being, in a sense, victims of
a system OF which they themselves
were not responsible"
Captain f. Fl. Campbell, judge ad.
vocate general OF the navy, submitted
the result of the courts deliberations
to Acting Secretary of the Navy Win
throp. Captain Campbell recommend
ed that the findings, opinions and rec
concentrations of the court be APPROX
ed. and that the opinions expressed
by Commander Hood likewise be
given departmental support. In acting
on the Ease Mr.. Winthrop says:
"The above recommendations Of the
Judge advocate general are approved.
by its concurrence In the opinion
OF the court and that expressed in the
minority report, the department indi.
Gates its disapproval Of the lax state
OF discipline shown by the evidence
to have existed at the marine school
of application prior to, and at the
time of the death of Lieutenant SUIT
ton.
1.-THE result Of this laxity has
brought serious d%iscredit. not only on
the officers directly responsible for the
efficiency OF the institution. but, un-
fortunately. ON the Marine Corps as a
whole"
Counsel for the Suttons intimated,
after the courts decision had become
definitely known, that they were far
from satisfied with the verdict. and
that they probably would take the H.
sues involved to congress, with a view
of having a full hearing Of the case
by a committee Of that body.
"AIl | can say" said Mrs. Sutton.
when Informed Of the findings OF the
court. 'is that there 10 still no question
in my mind that my son did not COM
init suicide, and the decision by the
court Of inquiry has by nc lei
halted me IN my determination to
vindicate him"
Judge Advocate Leonard issued a
statement in which he upheld the JUS
tice Of the findings of the court of in
quiry. He declared that the inquiry
had been conducted with great thor
%oughness.
Acting Secretary Winthrop said that
he had dissolved the court Of inquiry,
and had given directions that copies
Of the findings of the court and It's
conclusions, together with his obser-
vations thereon, be sent to Henry f.
Davis, the attorney for Mrs. Sutton,
and to Arthur A. Birney, Lieutenant
Adams attorney.