Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-05
ADMITS HIS AVERSION
FOR COMRADE IN CORPS
Only One Weapon on Victim When
He Net Death.
SEVERAL OFFICERS HELD UP
Final Conflict With Adams, Who
Worsted Aggressor and Threw
Him to Ground, and Was
Then Pulled Away.

Special From star Correspondent
ANNAPOLIS. Md, August 5.-Declinin.
to avail himself of defendants privilege
not to testify in the Sutton case. Lieut..
Harold II. Utey Of the Marine Corps to-
day appeared before the court of inquiry
and told his story of the killing of Lieut..
James \. Sutton, jr., the night of Oc-
tober H. 1907
When the court adjourned for lunch the
| direct examination OF Lieut.. Utley had
just been completed by the Judge adyo-
cate. Maj. Henry Leonard. In essential
details Ctley's story was mostly corrob-
orative OF the stories of the other eve
witnesses TO Sutton's death There were
discrepancies. especially with the story
told by Adams
With the resumption OF the session OF
court after a recess of more than a week
the scene in the courtroom was the same
as it was during the earlier sessions. The
only absentees were Capt. T. II. Brown
OF the Marine Corps. who has been acting
as assistant counsel for Lieut. Robert T..
| Adams. and Edmund yandyke, one Of
Mrs. Sutton's counsel
Mrs. Sutton and her daughter, Mrs.
Parker. were both present when the court
convened So was their principal attorney,
Henry f. Davis. Henry vandyke entered
shortly after court met.
Defendants All in Court.
| The defendants. Lieuts Adams, Willing.
Osterman. Bevan and Ctley and seret
De Hart. owing to the change in their
status from that of witnesses TO defend
ants. were all present. They sat along
| the front bench of the auditorium, within
few feet of the long table occupied by
the court and the counsel
| Adams was clad i'm a khaki riding uni
form; Bevan, Willing and Osterman wore
white duck summer uniforms. Utley and
/ De Hart wore service blue.
| Mrs. Sutton and Mrs. Parker and their
attorneys looked serious. Occasionally
Mrs. Parker would smile over some whis-
pered remarks of the Judge advocate.
! whose seat is next to hers She and her
mother listened without emotion TO the
story of young Sutton's death as told by
Utley.
he could testify or not as he chose, TT
ley said calmly he had no objection to
testifying. On the stand he made a fair
/ ly good witness. although his II don
remember came rather frequently in re-
ply to questions from Maj. Leonard.
Stories Almost Agree.
His story Of the events that occurred
before he. Ostermann, Sutton and Adams.
who occupied the same automobile. reach
ed the marine reservation on the way
from Caryel Hall was the same AS that
told by Ostel mann and Adams His story
of Sutton's death and the manner of il
tailed with that of Bevan.
UtIey, Adams and Beran are the only
men who have testified that they saw
the last shot fired. Their descriptions of
il tally, except that Adams testified that
Sutton was lying alone on the ground at
the time while Beyan and Ctley say
they were holding him down.
Today Utley said he had told Col. DoN-
en-, after it was all over. that Sutton
had shot Rocker and then committed
suicide"
Mai. Leonard asked him what he meant
by suicide" Utley defined the meaning
as "self-des.ruction.
The Judge advocate asked him if he
would say a man who shot at another
but hi: himself and died as the result OF
the wound had committed suicide. Utiey
answered IN the Affirmative.
But Maj. Leonard did not ask him II.
in his opinion, Sutton had Intentionally
shot himself that night Both Bevan
and Adams had given their opinions that
Sutton deliberately shot himself.
Utley's Account Clearest.
utley's description of the fist fight be-
tween Osterman and Sutton was the
clearest that has yet been given. 1t was
oa,sed he said by Sutton calling Oster-
mann vile name and hitting him in the
bacl: of the head. The fight was all one
way. Utley declared, Sutton never having
a chance.
After Ostermann knocked Sutton down.
said Utley. Sutton lay on the ground, re-
fusing to get u and fight or 10 say that
he had enough. Finally he said he had
enough fist-tighting. but would get a gun
and kill them all before morning.
One point that everybody Interested
in the trial had hoped would be cleared