The Washington times., 1909-08-13

4 ton, She began. he recalled, as an In
stigator of the inquiry; later. on motion
! of the judge advocate. she was made a
complainant and now, under the action
| of that same official yesterday, she had
been placed in a defensive role herself,
with the whole burden of proof of the
! charges against her. This trial, Mr..
Davis said, was now being tried with
the world as a tribunal, and with the
walls Of the court room expanded II
the horizon.
Getting down to the conflicting evil
dence, he eliminated as having nothing
10 do with the real issue the theory that
the affair was a drunken brawl No
evidence TO support IT, He eliminated
also the accusations in a mothers let
ters.
THE question is, what shall the judg-
ment of this court be in the light of the
evidence and all the circumstances p
he demanded.
The following facts. he said, were I'M
cOntrOVerted.
The events at Carvel Hall, where SUIT
ton and his friends were: his Self-ac-
knOwledged enemies in conviviaHty just
before the automobile ride to the bar
racks began; SuttOn's invitation to
dTink-an act of hospitality; his tender
70 share his automobile, another act Of
hospitality: the dismissal of the auto
mobile in camp. paid for by Sutton; the
attack upon Sutton in the hollow and
his fight to camp; his arming himself
and returning TO get his clothes.
Fight With Adams.
Next came the encounter with Adams.
ending in Sutton being helpless upon the
ground. Present throughout, Utley, Ad-
ans. De Hart. At the time of the fatal
shot. the same men and also Bevan,
Willing and Rocker. Later, Osterman,
Colonel DOyen, DR.. PickTeD, Lieutenant
Sumner and Dr.. Mccormick.
The finding of the board of inquest
pointed out Mr.. Davis, set forth:
From a thorough investigation
and from the evidence before il, which
IT believes is all the evidence procur-
able
"Thfs finding was made. / want to
say" heatedly spoke the attorney
Elm the face OF the fact that Utley in
his testimony before II had mentioned
two automobiles having their civilian
chauffeur witnesses and also a mem
Der of the guard going TO hospital
patrol That verdict was also reach
ed without the aid of any testimony
from Lieutenant Sumner, Private Ken
nedy, Corporal Todd. Corporal Ma
three having proven important wit
nesses In this Investigation.
The problem before this court Is,
How did Sutton come & his death and
who was Tesponsible?. We have as an
tecedent facts the statements that SUIT
ton was hated, there being especial
enmity shown by Adams and UtIey We
find that he waS soon to sail on a cruise
around the world with the fleet; he had
written home, jOyOusly Of that fact
just as any ambitious officer might do
We find presented on the night Of Oc-
tober T. 1897. perhaps a final OppOrtun-
ity for these enemies to take il out on
Sutton There was the disclosure of
his presence in the room at the hotel
and the prospect OF going 10 camp to-
gethcr in the waiting automobile The
opportunity was seized. Adams was first
out of the automobile and stripped. the
chauffeur was ordered away: there was
the expressed fear on Adams part that
unless they fought now they never
would. Osterman knocks Sutton down
several times before the SufIOn-Adams
fight and before Sutton ran toward the
camp"
Sketches Testimony.
Mr. Davis then briefly sketched the
testimony Of the two chauffeurs, Owens
and Griffith, and Private Kennedy, cor