Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-05

up by Utley was bow De Hart came to
get possession OF the revolver that is
said to have. been in Sutton's posses
sion that night, and which was after
ward found on the parade ground ;.
De Hart said that an officer gave II
tn him at the scene of Sutton's death.
Ostermann, Bevan. Adams and Willing
had all been questioned. and none knew
anything about II.
To-day I-tley said that when Adams
threw sutton face downward upon the
Ground he. J-tley. and some one else
he cannot identify caught hold of SUIT
ton. One arm was under Sutton ana
the other arm was free.
Tie free hand held no revolver. Which
hand lay under SuttonS body. Uties
cannot remember.
Sutton's Struggle forRevolver.
I-tlcy said he reached under Sutton
body to get the revolver Sutton held
and was attempting TO gain possession
If il when Sutton drew his arm out ana
fired He said today he had not seen
a second revolver during the final strus-
gle.
lie had seen Sutton with two re-
yolvers a short while before. He sup
rosed that sutton either dropped one OF
the rcvolvers as he was thrown or that
some one took 1t away from MN;
Afterward he testified today. De Hart
came to him and told him he knew where
one of Sutton's reviewers was. Ctley told
him to report the matter to the oHcer Oh
the day Lieut.. Willing.
Two points were cleared up by Utley
One was that De Hart was drunk thai
night The other was how Sutton got to
where he was when Adams met him JUST
before the shooting began.
After sutton had fought with Ostermann
and had announced his intention or killing
rof1 fndp q
Sutton TO the camp. He went to the Narl-
Gus officers tents to see who was absent
In front of Sutton's tent he found Roei-
ker.
sutton was standing just inside his own
tent pointing a revolver at Rocker
Later Bevan came up.
Jrtley ordered Sutton under arrest. SUIT
ton refused to obey the order, and starIeo
toward the scene of his hght WIN Us
termann. Utley and Rocker followed.
Sutton Held Everybody Up.
When Jtley came upon Sutton he was
pointing two revolvers at De Hart. The
sergeant was talking to him and trying
TO get him to turn over the revolvers TO
him Ode Hart.
When Sutton saw Utley he covered him
too He also held up Rocker, VINO ap'
peared a moment later.
While they were talking Adams appear
cd. coming toward them. Sutton broke
away and started toward Adams. WORDS
passed between Them but what they SAID
made no impression on Utley.
Then Sutton started shooting. Utley saw
Rocker throw his hands up and faii
Rocker said no word as he fell.
Adams was rushing Sutton and yelilng
as he did so that he had been MT; ADAMS ms
clinched with Sutton and threw him face
downward.
When Utley reached Sutton he found
some one kneeling beside Suttons hisil
shoulder. Adams was either pulieo away
or walked away. Utley began Ieeilhs
Sutton's chest for the revolver
Then it was that somebody yelled:
He's killed Rocker"
Then the final shot was fired.
No Love Lost.
Questioned as to Suttons personality,
I-tley said he did not like him. His
dislike began at the Naval Academy,
where he and Sutton were classmates.
1t had been reported by member OF
the class, Utley said, that Sutton had
drawn a knife on one OF his classmates
and threatened to stab him. This made
him unpopular g..
tons manner. He was overbearing. to an
unnecessary degree. Utley thought. to
the servants at the mess.
His line of conduct did not coincide
with mine" was Utley's final remark on
this subject. $50 l had nothing to do
with him.
In the general character of the in
vestigation there was no apparent change
today as the result of the different align
ment of the interested parties. due to
the ruling of the court that Mrs. Sutton
Is the complainant and the men who
were with Sutton when he died the de-
PENDANTS. except for the presence In the
courtroom of the defendants, who, as wit
nesses, had been excluded during former
proceedings, except when they were tes-
tifying.
Davis to Go on With Case.
Henry E. Davis. in response to sug-
gestion from the judge advocate thai
he do So told the court that he had
been assured by the Navy Department
that the change in the alignment was
purely perfunctory and technical. and
that, therefore, he had decided to re-
main in the case in the same capacity
he had appeared in at the beginning of
the inquiry.
After the reading of the last day S
testimony the judge advocate suggested
that Mrs. Sutton, who was on the stand
when the proceedings came to an alb
rupt close last week. should retire
temporarily and That Lieut. Utiey
should take her place in the witness
chair There was no objection to this
on the part of the Sutton attorneys.
Jtley will be followed by Surgeon
Cook. and then Mrs. Sutton and Mrs
eriy hair