Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-27

| in the way of knowing exactly what
charges may be brought up by the other
counsel. with bearing against my cllent
before we put in our final word.
Mr.. Davis rejoined that he was per-
fectly ready to yield to the cogency OF
Mr.. Birney's argument and to give the
desired place to Mr.. Birney. The court
sum up following Mr.. Davis
Mrs. Sutton Takes Stand.
Mrs. Sutton. mother OF Lieut. Sutton
and the chief agent in reopening the
Sutton case, was called to the stand III
the morning session. Before she was
put on the stand Maj. Leonard asked to
place in evidence certain papers of MIS-
Sutton with the Navy Department
The letter which he offered was one
from Mrs. Sutton to the Department lie
offered as showing the relation, SO lie
| said. that Mrs. Sutton bore to the pres
ent inquiry.
The court read the letter and retired to
deliberate on the propriety of its ADMIT
lance and publication.
Il am gratifled,' said Mr.. Davis. dur
ing the recess, 'by the rulings OF the
court regarding the conduct of the re-
mainder of the case. l expected thd'
Mr.. Birney would object to my last sum-
ming up as he did. l was somewhat sur
prised that the court did not rule that he
should take last place in calling WIZ
nesses before the closing of taking evil
dence. AS / understand 1t. he IS to pre-
cede us In producing his remaining Wiz
nesses after Utley and Cook have tes'l-
fed.
Mrs. Sutton. when she took the stand.
was dressed In the same thin black cos
tune and plain black hat and veil tnat
she has worn throughout the trial. her
color was rather high, plainly to be de-
tected through the veil as she stepped up
to Commodore Hood to take the oath.
Mrs. Sutton Made Complainant.
Receiving back the letter over which
the court had retired to consult. the
judge advocate read it as soon as she
had taken the stand. 1t was plain that
he sought by it's use to put Mrs. Sutton
in the position of a complainant. The
matter of the letter showed that Mrs.
Sutton had made distinct accusation III
her plea to the Navy Department.
After reading the letter Mai. Leonard
said:
I'm view of the attitude of Mrs. SUIT
ton. as here disclosed, | demand OF the
court that Mrs. Sutton be placed from
now on in this court in the position of
complainant. and that counsel on the
other side be allowed to cross-question
her and her witnesses and to oner wit
nesses in rebuttal to her testimony
The court again retired and took the
matter under advisement. The letter o.
Mrs. Sutton in question was addressed to
the Secretary of the Navy and was In
part as follows:
February 8. 1869.
Il am Informed that Senator John D.
Bourne of Oregon has presented applica-
ton for an inquiry into the death of
Lieut.. James n. Sutton, United States
Marine Corps. on October tS. 1907. AS
he may not have stated all the objects
aim is that another board may not only
hear anew the old witnesses. but much
new evidence.
fit should appear that Lieut.. SUIT
ton did not commit suicide We wish to
have the record set aside and his name
purged of the stigma Of self-destruction.
If it should appear that there is any
question or doubt whether he committed
suicide we wish the responsibility or the
apparent responsibility for his death fixed.
sponsible for Lieut.. sutton's death we
want the proper action to be taken to
bring them to trial.
MY own opinion is that Lieut.. Sutton
was killed by one of the other officers with
him. Lawyers inform me that new evil
denee and the old record both Indicate
more probably that Lieut.. Sutton was
killed than that he committed suicide.
We are ready to present affidavits to this
purpose"
All Officers Defendants.
The court ruled. after hearing argyll
ment on both sides. that Lieut.. Adams
and with him Lieuts. Osterman, Willing.
Utley and Bevan and Sergt. De Hart
were to be considered from now on in
the case as defendants.
Il
in the position OF an accuser and de-
manded that the case be Immediately
postponed until the arrival of Lieut.. Ut
ley.
The court, however ruled that the Of
ticers and men involved be called into
court. This was done and the accusing
letter of Mrs. Sutton was read to them.
They were then informed by the court
that they were entitled to be present at
the remainder Of the inquiry.
The court then announced that it would
adjourn. awaiting the arrival Of Lieut..
Utley.