Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-06

cross-examination to Utley's understand
ing of the word suicide which he used
when reporting that Sutton had commit
ted suicide
Opens Way to New Verdict.
Utley further elaborated his odd defini-
ton of the word suicide, which seems
calculated to make easier possible flu
ture finding of the court that Sutton met
with death by the accidental discharge of
a revolver in his own hands.
when You reported that Sutton had
committed suicide. did you mean 1t to he
understood that he might have shot him
self unintentially?' asked Mr.. Davis
Il did. j meant that he had killed
himself by intention or otherwise. as I
understand the meaning of the word sui
eide
why did you make a discrediting re-
mark about Private Kennedy yesterday
to the effect that you had busted him on
his examination for warrant? Did you
know that his testimony had been I'M
favorable to you?"
Il do not know yet what his testimony
was"
Then why the remark? Did you. or
did you not. think it disparaging?"
Il did not regard it So
Inventory in Evidence.
Lieut.. Utley. having testified the day
sonal revolver as we'll as the service
revolver having been recovered. Mr..
Davis pressed him to tell how he had
known of the fact. Utley denied he had
any knowledge of it's recovery other
than it's coming before him in the in
ventory of Suttons effects.
Utley was ordered to make out this
inventory and signed it. 1t was sent to
SnttonS family.
.l,. clio
to it was presented before the court in
evidence. Then Mr.. Davis read IN part
the inventory. 1t was as follows:
Trunk locked; ditty box (articles
stately articles found on the body of
deceased; suit case containing revolver
belt and holster.
Now, Lieut. Utley" asked Mr.. Davis,
lin the enumeration of revolver belt
and holster is the punctuation correct;
should there not be a comma between
the words revolver and belto In other
words. were there in the suit case a
revolver and belt or was there a re-
volver belt?"
Il don't positively remember. I ain
almost sure there was a revolver
Were the revolver and the belt and
holster found in the suit case or were
they. put in there by those who drew up
the inventory?
L am forgetful on that point They
may very likely have been put in the suit
case after Sutton's death"
Date Probably Wrong.
DO you mean that the revolvers, by
10 o'clock on the morning following the
shooting, might already have been re-
placed in Sutton's effects? The inventory
was dated 10 am, October 49,
But returned Utley. that day was
Sunday And yet see that we have in
the inventory a statement of Sutton's
bank balance. which we could not have
got on that day. I think in spite of the
date that the inventory could not have
been completed until the day following
DO you,'' asked Mr.. Davis, remember
VINO produced the revolver before the in
quest. for identification?''
Il do not. sir. AS for that I was one
of the last witnesses called
Maj. Leonard. taking up the witness
once more when Mr.. Davis was through
with him. asked:
Mr.. Utley, you have testified to saying
that If the fight did not come off between
Adams and Sutton on the night in lles-
ton II would not come off at all. WIZ
Were you SO anxious to have it come off
a. alp"
II can't really answer that" replied 1t.
ley. after some apparent effort at remem-
brdl.ce.
Did Not Know Kennedy's Story.
DO you or do you not know whether
any other hand interviewed in the move
ment of Sutton's arm preceding the shot
that caused his death?'
Not to my knowledge"
And you had definite knowledge?"
Yes, SIR
Did you know, when You testified yes
terday that Kennedy had given testimony
damaging to your?
Il know I was expected to clear up cer-
tain points of the testimony
Answer me yes or no."
Il don't think | knew of his testimony
learned of it after
Did you or did you not know of his
testimony when you appeared yesterdayY'
Il did not know"