Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-07

A1ndDCHS, Nu., Aug. o. hc dPPcai
ance on the witness stand today of Mrs.
James N. Sutton. the mother of Lieut..
Suttoa of the. Marine Corps, whose
death is being re-investigated by the
naval board of inquiry here, was the
occasion of a heated controversy be-
tween the lawyers on all sides which
ended in a prolonged conference of the
members of the board behind closed
doors and brought the days proceed
ings to an abrupt end.
Several witnesses had been disposed
of during the day when Judge Advo-
cate Leonard called Mrs. Sutton to the
stand. Before proceeding with her ex-
animation, MAJOR Leonard offered for
Identification and to be read in evidence
several letters which he said Mrs. SUIT
ton had written, containing serious and
delicate charges against the young Of
ficers of the Marine Corps who appear
ed as defendants.
Henry f. Davis, counsel for Mrs.
Sutton, made strenuous objection on
the ground that Mrs. Sutton was not
present to make any accusation and
that the letters in question were irrev-
Giant to the investigation but of a per.
sonal and incompetent nature as evil
dence. 1T Is uncomfortable that the
judge advocate should attempt to
force Mrs. Sutton into such a position
before this board of inquiry said Mr.
Davis "These letters are not offered to
assist the court in finding out how
Lieut.. Sutton met his death. They have
nothing to do with the precept
THAT these letters containing per
haps the extravagant statements of a
mother with a stricken heart over the
death of her son should be read before
a curious world, is indeed unkind anc
cruel"
Mrs Sutton broke down and buried
her face in her handkerchief during Mr..
Davis remarks.
Major Leonard declared that Mr.. Da-
Wis misconstrued the judge advocates
position in the matter and asked that
the lawyers remarks implying bad
records
would have Mrs. Davis remember
he said, that the hallowed grave OF
a dead son Is no more sacred than the
reputation of living officer, and there
are many such regulations at stake
here
The judge advocate said the court
had the right to inquire upon what
grounds Mrs. Sutton had made the
statements in the letters.
Mr.. Birney, counsel for Lieut. Adams
protested that Mrs. Sutton had con-
sistently tried to avoid her true po-
sition in the proceedings and urged
that the letters be read in evidence
A. this point Commander Hood. pres
ident of the board ordered court clos.
ed and went into conference with his
associates on the board and the judge
advocate.
Upon returning from an adjoining
room Commander Hood announced thai
the letters would be read in closed
court tomorrow to the interested par
ties and their counsel
Following the completion of Lieut.
Utley's Characterization at the morn
Ing session. Surgeon T. C. Cook, who
recently returned with Lieut.. Utley on
the United States ship North Carolina
was a witness. He testified that he
performed the autopsy on Suttons
body and declared the nature of the
bullet wound in the lieutenant's head
it would have been difficult for him
to shoot himself holding the revolver
in the ordinary manner 1t was his
belief Sutton committed suicide.
Annapolis. Nd, Aug. 6.--Lieut Har-
old H. Utley of the Marine Corps was
recalled at the opening of today's SEES
sion at the investigation of the death
of Lieut.. James N. Sutton of Portland
Ore. before the naval board of in
curry. Henry E., Davis, counsel for Mrs.
Sutton. Lieut.. Sutton's mother, contin-
ued his cross-examination of the witt
ness, interrupted by adjournment yes
to-day Major Leonard. the judge adj