The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1909-08-19
Finding of Court Of Inquiry In
to Death Of Lieutenant Jas.
N. Sutton Is Disapproved by
Dead Mans Relatives.
COUNSEL MAY REQUEST
CONGRESS TO TAKE CASE
Sutton Was Directly Response
bic for His Own Death, In
tentiOnaIIy or Otherwise, Is
Declaration Made in Report,
DISCIPLINE is IMPROVED

LEGATION today Of Acting Secretary of
the Navy Winthrop's approval Of the
findings Of the court of inquiry. that
Lieutenant James \. Sutton. tr., of the
United States marine corps. was "di-
rectly and solely responsible for his own
death at Annapolis, nearly two years
ago" the famous Sutton case became a
closed incident, SO far as the navy de-
partment is concerned.
Counsel for the Suttons intimated.
however, that they were far from salts
fed and that they probably would take
the issues involved to congress, with a
view Of having a full hearing Of The
case by committee of that BODY
Mrs. Sutton declined to discuss the
result Of the inquiry, which she sought
In an effort to clear her boys name from
the stigma of suicide. Acting Secre-
tary Winthrop said he had dissolved
the court and ordered that copies Of the
findings, together with his observations,
be sent to Henry Z. Davis, the alter
ney for Mrs. sutton. and to Arthur A.
Birney, Lieutenant Adams attorney.
Too much time has lapsed since the
incident, in the opinion of the navy CT
ficials to undertake any proceedings
against the persons whose conduct in
the case has been made the subject of
criticism by the court. They. however.
will be informed in an official way Of
these criticisms, which will both serve
the purpose of an admOnitiOn to them
and Of presenting to them the view ia
ken by the department of their con-
duct.
Better Conditions at School.
Although Mr.. Winthrop, in his en-
dOrsement, speaks of the lax state of
discipline existing at the marine school
prior to and at the time Of SuttOn's
death, he says conditions have i'm
proved; that splendid discipline prevails
al this time. and that he is conhdant
that the unfortunate situation previous
~ existing viii net again prevail.
Lieutenant Sutton is directly and
solely responsible for his own death.
which was self-infiicted, either inten-
tiOnaly OF in an effort to shoot one
Of the persons restraining him. and his
death was not caused by any other in
jury whatever"
This is the verdict of the navy court
Of inquiry, which for some weeks has
had under investigation the cause CT
the death at Annapolis naval academy
in October, 1907, of Second Lieutenant
James n. Sutton Of the United States
marine corps, which verdict has been
approved by the judge advocate CEN
eral Of the navy and by Beekman Win
thrOp, assistant and acting secretary of
the navy. The court also finds:
That Lieutenant Utley failed in his
duty as senior officer present, under ar
ticle 266, United States navy regula-
tons, 1909, in permitting Lieutenant
Sutton to run away and arm himself
instead of calling on those present for
assistance and following Lieutenant
Sutton, preventing him from arming
himself by force if necessary, and turn
ing him over to the custody Of the Off
Ger of the day.
Officers Lax in Duty.
THAT Lieutenant Bevan, officer of
the guard, failed in his duty as officer
of the guard in not disarming Lieuten-
ant Sutton by force, while in front Of
his (Sutton's) tent.
THAT Lieutenant Willing, the officer
of the day, failed in his duty as officer
of the day in not Immediately assisting
by force in helping to disarm Lieuten-
ant Sutton when he arrived on the
scene, before the fatal shot was fired.
That the charges of wilful murder
and conspiracy to conceal it, made by
the complainant, Mrs. Sutton, mother
of Lieutenant Sutton, are purely mag
mary and unsupported by even a shad-
ow of evidence, truth or reason.
THE court recommends, however, that
in view Of the youth and decided mex
peTienCe of Lieutenants Utley. Willing
and Bevan at the time, and of the al
together unusual conditions Of excite
ment, threats and danger during the
aforementioned fray, that no further
proceedings be taken"
The report is signed by J. Hood, com
mander United States navy, president
jor United States marine corps, Judge
advocate. Commander Hood also filed
a minority report, in which he says he
concurs in the majority report and in
addition he is of the opinion that Lieu
tenants Utley, Adams, OSterman. Will
ing and Bevan showed a deplOrable lack
of knowledge of their duties and obliga-
lions, as officers holding commissions
in the marine corps: and the testimony
the whole deplorable affair
indicates a state Of discipline then ex-
listing in the marine school of applica- !
ton discreditable to the service, and
argues strongly against the practice of |
commissioning and putting into posi- |
tons Of responsibility young men with /
out proper previous training.
He is also of the opinion that Leuten- |
ants Willing, Brown and Utley should |
have been brought to trial at the time |
for neglect of duty; Lieutenants Adams |
and Osterman should have received |
milder punishments for engaging in 4
braWl unbecOming officers and gentle /
men, and he cOncurs in the recOmmen- |
datiOn that no further proceeding be ia /
ken at this time. only because of their 1
youth and tnexperience at that time, /
and because of their being. in a sense, |
the victims of a system for which they /
themselves are not responsible
In approving the findings and recon- |
of the court and the Judge /
advocate general Acting Secretary |
says:
"By its concurrence in the opinion 1
IF the court and of that expressed in /
the minority report. the department in
1icates its thorough disapproval of the 4
AK discipline shown by the evidence |
to have existed at the marine school of |
application prior TO and at the time of /
the death Of Lieutenant Sutton.