Los Angeles herald., 1909-08-12
COULDN'T HAVE
KILLED HIMSELF
SWEARS EXPERT
WASHINGTON SURGEON TESTI-
FlES IN SUTTON CASE
DECLARES OFFICER COULD NOT
HAVE PULLED TRIGGER
Hall a Dozen other Witnesses May
Be Called Before Trial at
Annapolis Is Brought
to Close

ANNAPOLIS, Md, Aug. ia
grewsome feature was introduced into
the inquiry regarding the death of
Lieutenant James N. Sutton, jr, of the
United States marine corps this after
noon when the legal representative OF
Mrs. Sutton, the mother of the dead
lieutenant, brought to the witness
stand DR.. Edward Shaeffer of Wash
ington, an expert on gunshot wounds
The people in the room crowded
around the table and gazed with keen
interest on the doctor while he placed
upon the table gistening skulls, to the
exterior of one of which he affixed. In
little Jumps of wax. steel rods intended
to indicate the course of the bullet in
the skull OF Lieutenant Sutton.
The doctor stretched himself upon
the table and showed by pantomime
how, in his opinion, as an expert, 1t
was quite impossible that Lieutenant
Sutton could have fired into his own
head the shot that killed him.
Says Suicide Was impossible
The witness declared that Lieuten-
ant Sutton could not possibly under
the circumstances described in the tes-
timony have exerted sufficient pull on
the trigger to discharge the weapon
When court adjourned the cross-ex-
animation of DR.. Shaeffer was In
progress.
Todays resumption of the court of
inquiry investigating the death of
Lieut.. James Sutton seemed to bring
the close of the case within measur-
able distance.
Half dozen more witnesses may be
called, but it Is expected that the ex-
animation Of most Of them will be brief
When they have been disposed of the
judge advocate, Major Leonard, will
sum up. He will be followed by Henry
f. Davis. counsel for Mrs. Sutton and
! e. Birney, representing Lieutenant
Adams. The judge advocate will close
II. r. Taylor, undertaken, and James
N. Wiederfeld, who prepared Lieuten-
ant Sutton's body for burial, both tes-
tilted that there was no evidence that
either of Suttons arms had been
broken. Wiederfeld said there was no
A indication that he had been beaten,
though the witness had made no ex-
animation for proof.
Academy Professor on Stand
Prof. Gilbert Coleman of the naval
academy stated that he was in the
company Of Lieut.. Sutton from lunch
time until about midnight of October
19 1907 dhe night of Sutton's DEATH,
then leaving Sutton with Miss May
Stewart of Pittsburg at the assembly
room at Carvel hall.
testified to seeing at the hotel the same
night Lieuts. Adams, Osterman and
Utley. All were sober. Sutton, he said
entered the room and offered those in
the party A drink from a bottle of
whisky, which was drained.
Lieut. Sumner said he afterward
went to camp. After his arrival there
he saw Sutton leaving the camp with
out his coat Later he heard shots and
saw Lieut.. Sutton on the ground. He
nj tAYYA H..
to have been injured, and taking him
into camp found his clothing torn by a
bullet in his garments.
The witness identified as his own
card on which he had written: 'Sut-
ton, | am damn fool. Consider the
gun business cut out" This he had
signed. He said 1t was written by him
for the purpose of humoring a whim
of Lieut.. Sutton on an occasion when
the latter was intoxicated.
The witness hoped it would be
means of inducing Sutton to go to his
hotel peaceably.
Lieut.. Sumner testified that Sutton
was not of good reputation among the
other student officers and that he did
not believe him to be a truthful man.
Davis declined to ask the witness any
questions.
Sergt. A. P. Todd, corporal Of the
guard on the night of Lieut. Sutton's
death, testified that he heard an un-
usual noise in the guard room and
there found Adams and Osterman, who
asked him for weapons, saying there
was trouble in the camp.
Rocker Had Been Shot
Shortly afterward he heard shots
fired. Later Lieut.. Rocker, in civilian
attire, came to him and said he had
Rockers pocket a drill regulation
book, he said, in the pages of which he
found a bullet. There was mark over
Rockers heart. The witness also
found holes in Rockers clothing. He
said he saw man running and heard
commands to halt and threats to fire
and shots.
Todd said that before the shooting he
had seen Lieut.. Rocker pass the guard
room. After the shooting he said Lieut..
Rocker came into the guard room and
said:
my God, Archie, I've been shot"
\ The finding of the bullet followed
y Mr.. Birney took the witness in de-
tail over the events of the night. The
running figure, he said, was going
from the vicinity of the camp toward
the bridge over College creek. After
the shooting he saw I.ieutenants Adams
and Osterman in the room of the off,
Ger of the day. 1t was Lieutenant
Adams who asked the witness "if he
had any spare guns" saying there was
trouble in the camp and he wanted it
for protection. Osterman said moth
ing whatever.
1.-TWO shots preceded the first cry to
halt, which was not replied to-" said
the witness. after the second cry,
Halt, you are under arrest or TIL
shoot there were two more shots aSter
a brief interval. Sergeant Mahoney,
sergeant of the guard, he had aroused
as soon as he had herd the first two
shots. The other two shots had been
fired before Mahoney started in the di-
rection from which the noise of the
shots came He had gone only a short
distance when / heard some one chal-
lenge Mahoney and tell him the trouble
was all over and he might as we'll re-
turn to his room"
Todd said he did not hear until next
morning that Lieutenant Sutton had
been shot.
NHTTnkHC nEATu EnDETnI n