New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-06
UTLEY TELLS STORY
SAYS SUTTON COMMITTED
SUICIDE.
Bat Considers accidental Death Sui-
eide SOmefimes-1Rs1cers CWtiy
Under Fire.

Annapolis. Aug 5-For five hours to-day Leuten-
sni H. NJ Utley. OF the marine corps. was subjected
10 an exacting examination and cross-eKamination
in regard to his connection with the death OF Lieu
tenant James y. Sutton OF oregon. which is the
subject OF investigation before the naval board of
inquiry at the academy.
The hearings were resumed to-day after an ad-
Journment the early part OF last week pending the
arrival u Lieutenant riley and Surgeon Frank {.
Cook. who aboard the United States cruiser
North Carolina. which reached Provincetown
Tuesday.
The alignment in the proceedings whereby
1--WE Of Sutton's brother officers who have. already
testified and Lieutenant Ttey appeared in
as defendants accused by Mrs Sutton. the dead
leutenant's mother. and her daughter. Mrs Parker,
OF causing Lieutenant Sutton's death. had effect
in curbng the testimony 81 Lieutenant Utley. In
formed Of his privilege defendant by Major
Leonard the judge advocate. that he need not an
swer any questions which he thought might tend to
ircrimjnate HIM. Utley waived the privilege and
sNered all questions put to him. His story in sub
stance was corroboratye Of the testimony Of the
other officers who were present at the fight between
Lieutenant Adams and Lieutenant Sutton I'm the
early morning OF October lS. 1907. when Sutton
shot
While Utev said he under the impression at
the time of the shooting that Sutton. in the heat
of the struggle with him and other officers. who
we're attempting to disarm Sutton directed the shot
against himself he nearly positive about
the suicide theory the preceding witnesses. In
answer 10 MAJOR Leonard : questions. the Witness
said he would consider had committed sui
side who attempting 10 shoot some one else
and shot himself by mistake.
TRIED TO DIsARM SUTTON
Later. under cross-examination by Henry f
Davis. counsel for the Suttons, he admitted that
ne reaching for Sutton's hand 10 dsarm him.
when Abe latter freed his from beneath his
chest and the revolver flashed.
''Our object this inquiry is 10 remove the
stigma OF suicide from Lieutenant Suttons name
and not TO point he finger Of suspicion toward any
one Of these defendants" said Mr.. Davis Al The
adjournment Of to-day. and Lieutenant
Utley's testimony must ne considered OF great inn
portalce I'm that light"
Utey senior officer in the party with Sutton
the night in question. Mr.. Davis frequently
logged the witnesses memory from the testimony
he gave at the inquest. but Lieutenant Cuey
pleaded a lapse Of memory in the two years Some
OF the pointed questions directed at the young
officer made him straiFhten himself in his chair
and answer CURLY. The interest in the case in
navy circles here grows more intense as the pro-
ceedings advance.
Lieutenant Utiey was stiu under crosse examine
tion when the hearing adjourned To-day, and the
testimony Of Surgeon Cook. Mrs. Sutton and Mrs
Parker and the summing up on both sides. which
is 10 follow, expected to prolong the inquiry well
into week
A large crowd gathered in the auditorium Of the
ACADEMY building this morning. Many women and
girls in summer gowns, accompanied by brightly
uniformed officers and midshipmen. were present
r. +.
Edward A. Osterman. Edward s. Willing, Guey
and Sergeant James De Hart all Of the marine
corps and now the defendants in the case. were
conspicuous In in their white service uni-'
forms. Arthur r. Rirney former United States
District Attorney of Washington. continued
counsel Tor Lieutenant Adams. None of the other
defendants represented by personal counsel.
r. ~. Walls lawyer OF Washington. was present
in Lieutenant Bevsn's behalf but took no active
part In the proceedings
lar II Stffo and her Us
Rose Sutton Parker. the inquiry table d.
| rectly opposite the defendants
Henry r. Davis, their counsel. stated that he
nained in the In the capacity first
prosecutor, but assisting Mrs Sutton In
hnding the facts. He said he had communication
from the Secretary OF the Navy which declared the
status Of the inquiry had not been changed al
though under the navy rules IL deemed proper
To designate Mrs Sutton complainant and the
young marine corps officers defendants.
The examination of Mrs. Sutton who IN.
stand az adjournment, was suspended At the sug-
goston Of the judge advocate and Lieutenant Utley
called the first witness.
UTLEY DESCRIBES FIGHTS
Following the line Of questions to previous wit
nesses. Major Leonard led the Young officer over
the incidents OF the night Of October 1913 1907
ltey had been to = hop" AT the Naval Academy
and afterWard Wcnt over 10 Csrvel Hall Hotel
with Leutenants Adams and Osterman. where
hey met Lieutenant Sutton and later started with
him IN an automobile. which Sutton had hired. for
The marine camp, which Sutton never reached alive
The witness described the quarrel and fist fight
between Adams and Sutton The Dump" near
the camp. where Etley ordered the automobile 20
STOP As senior officer Of the party, the witness
said. he ordered the others 10 stop hghting and
they did 50 al that time. Then Sutton and Oster-
began aghtng. and Ctley interviewed and
''untwisted" osterman from Sutton, he ex-
pressed IL. Sutton got up and was knocked down