Los Angeles herald., 1909-08-14


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Mr.. Davis declared the fights imme~
diately preceding Suttons death were
not fought by Sutton, but by the 9TH
ers, who have on the witness stand
acknowledged bitter enmity against
! him. He pointed to the marked diff
! ference in the testimony of Lieutenants
! Adams, Utley, Osterman and others,
| and declared Sutton, after going to
camp and arming himself for self-pro-
! lection, returned to the scene Of the
fight merely to recover his clothing.
RidicuIes sutton's Suicide
He ridiculed the idea Sutton killed
! himself because he thought he killed
! Rocker saying the evidence shows
| there was no appreciable interval be-
| tween the exclamation, "He has killed
! Roelker!" and the firing of the fatal
shot
Mr.. Davis declared that part of Lieu
! tenant Adams testimony were pure in
ventions, and pointed out conflicts in
the testimony of other of the young
lieutenantS.
Adams. he insisted, had to all intents
and purposes, admitted his guilty rela-
tion to the death of Sutton.
Sergeant de Hart, he charged. COM
| mitted the most fragrant perjury. The
mystery as to the whereabouts and
possession of the weapon belonging to
Sutton between the time of the fatal
shooting and its coming into posses
sion of Colonel Doyen proved its close
connection with the crime, and he de-
clared the hand that gave the revolver
to Sergeant de Hart was stained with
blood.
According to de Hart's testimony only
Lieutenant Adams or Lieutenant Will
ing could have handed him the re-
volver. the lawyer said. There was,
Mr.. Davis declared a manifest con-
spiraCy of suppression and falsehood
to help the living and blacken the dead.
Taking up the description of the fatal
wound given in the testimony Of Sur
geons Pickerell and Cook, Mr.. Davis
contended that the infiictiOn upon him
self of such a wound by Sutton was
absolutely impossible. He maintained
it was not his place to point out the
hand that killed Sutton, that function
belonging to the court, but simply to
show he did not kill himself.
A. z. Birney, for Lieutenant Adams.
compared the honor of an officer to the
honor of a woman, and declared the
young leutenants involved would be
relieved of all responsibility for Sut-
tons death. He said the charges were
based entirely on the frantic rawlings
of a woman"
After Mr.. Birney concluded Major
Leonard in a few words protested
against certain parts Of Mr. Davis
argument The public proceedings
in the case then closed
The findings of the court of inquiry
will be forwarded to Washington and
announced from there.
lmpugns Mrs. Suttons Motives
Mrs Sutton, Lawyer Birney declared,
had earned the designation of an ac-
Cuser. lie reviewed half a dozen pub
lished statements as to what caused
Sutton's death, and said these had been
based on the contents Of letters writ
ten by Mrs. Sutton. He denied the
possibility Of Lieutenant sutton having
heen beaten to death and then shot to
conceal the crime, which. he said, Mr..
Davis had charged by imputaton at
least.
Mr.. Birney attacked Mrs sutton and
declared she has pursued his client and
his associates with maleVOlent hatred,
Notwithstanding evidence Of maternal
sorrow inspiring her.
Mr.. Birney placed Lieutenant Sutton
in the attitude of a whipped coward,
| He pictured the automobile ride and
the two fist fights that followed it as
they have been described in the testi-
mony of witnesses, and declared SUIT
ton had gone to camp and armed him
self with the deliberate purpose of do
ing murder.
Birney strongly praised Lieutenant
Adams for his bravery when, as he had
testified, Lieutenant Sutton fired on
him. He fully justified the treatment
to which, according to his client and
his brother officers, Lieutenant sutton
was subjected.
Attacks Sutton's Character
Mr.. Birney contrasted the grief of
the mothers of the other young lieuten-
ants with that of Mrs sutton. He
then attacked sutton as a breaker of
ICgulations and "a man Of Objectionable
habits The evidence Of crime in this
case. he said rested entirely upon Mrs.
Suttons "preternatural vision and on
the fiismy evidence of Or. Shaefter, the
expert on EunshOt wounds.
That Lieutenant Sutton shot himself
accidentally while drawing the pistol
from under him, he said, was quite inn
possible. Either he deliberately com
mittel suicide on shot himself while
attempting to shoot some one else VINO
was above him, perhaps on him.
Major Leonard. the judge advocate,
said he rose 90 protest against two
points in Mr., Davis argument. He
himself came here he said with every
good wish for and Willingness to help
Mrs. sutton and Mrs. Parker to bring
all possible evidence before the court
They had not, as they should have
done. given him an the facts in their
r,nGGaGSi0n.