Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-10
Guard Record Is Missing,
Acknowledges Maj. Leonard

ANNAPOLIS, August 1O.-Maj. Leon
ard. at the opening of today's session of
the Sutton inquiry, made an apology for
the failure of the judge advocate to pro-
duce the guard record for the night of
October 1913, 1907.
1t appeared from what he said that
the book, either through carelessness or
intention, has disappeared, and is not
to be found. The guard record is needed
In evidence to show whether or not
Private Kennedy was on sentry duty
the night of Sutton's death at the post
that he specified.
1t was reported some DAYS ago that
this record was unexplainably missing
Before going further said Mai
Leonard Il want to explain to the court
my omission to offer this book in evil
dence. Effort was made to secure it
1t turns out to have been lost or mis-
laid. or otherwise to have disappeared
As to the manner of this disappearance
no light was she'd
The judge advocate announced his in
tention of calling Sergt. Arthur Tard
and Sergt. Maj. Hubert, both of the
Medical Corps. Hubert is now on post
at Annapolis, and was directed to appear
this afternoon. No Indication was given
of the nature of his expected testimony
Mrs. Sutton Closes Her Testimony.
Mrs. Sutton returned to the stand to
answer some further questions Of At
torney Davis regarding the betrayal of
her letter by Swartz.
will YOU" asked Mr.. Davis look at
this paper and say whether this was
known to you when you wrote your let
ters to Schwartz"
1oft
After examining it Mrs Sutton was I'M
able TO give a positive answer
Next Mr.. Davis handed her a card with
writing on it, Mrs. Sutton identified it.
The card was a communication pur-
porting to be from Lieut. Sumner, now
in Norfolk. Sumner rode in the auto
mobile ahead of Sutton and his COM
panions the night of Sutton's death.
Mr.. Birney made objection to the intro
duction of the card. He contended that
IL had no bearing on the inquiry. He
was opposed in his contention by both the
judge advocate and Mr.. Davis.
II regard the card as so important that
! have summoned Mr.. Sumner from Nor
folk TO explain it, said Maj. Leonard.
May 1t please the court spoke up
Mr.. Davis. lin reading Mrs. Suttons con-
fidential letters before this court charges
of perhaps rather sweeping nature are
divulged under her name. 1t becomes
her opinion of each of the officers men,
toned in her letters. Hence the card"
The card was held until Lieut.. Sumner
should appear.
Letters From Lieut.. Sutton.
Mrs. Sutton remaining on the stand,
her attorney proceeded TO offer in EVIL
dence certain papers which he said lie
thought he should be allowed to produce
in view of the production of the letters
against Mrs. Sutton by the judge advo-
cate. MIR. Birney. counsel for the officers.
objected that the papers were merely
family papers not touching on the case.
Maj. Leonard. however urged the court
by all means 10 allow the Sutton papers
in evidence.
The public. as well as the court" he
said. is entitled to gain all possible
knowledge of this case
The first paper was letter from Lieut..
sutton TO his brother. Don Sutton, July ,.
Another was the letter written TO his
mother and received day after the news
of his death.
The first letter was, in part, as follows:
Dear Don:
I'm mighty glad you are out on va
cation. Don't get homesick and run
back TO Portland; save up money to
carry you through school, buy clothes,
etc. Stay two months and at least get
we'll Strengthened out.
You are old enough now to take
care of yourself, and ugly enough.
Don't, if you smoke or drink. let il
get away with YOU. IL you ever give
your word to any one. walk across h
on a rotten rail rather than break ii.
Never tell lie or you will lose me.
When we get together it ought TO make
a good team.
Your loving brother,
JIM"
Sutton's Letter to Mother.
The other was dated October I. 1t was,
in part. as follows.