| Show I RULINGS STAND SI AND ANDIN IN SUTTON CASE Department Officials Decline to Change Attitude Toward Dead D a Mans Mother Washington July That the rul rulings rulIngs rulings ings of the court of ot inquiry investigating ing the death of Lieutenant James N Sutton Button U S M C at Annapolis Md will not be interfered with bY oy the navy nay department was sas clearly indicated to 40 today today day In a letter addressed to Henry E EDavis EDavis EDavis Davis counsel coun el for Mrs Sutton mother of the dead officer om Beekman Winthrop assistant a secretary of the navy stated that the department d p ut naval officials must decline to ac de to his request to va Ya vacate vacate cate the ruling of the court by which Mrs 1118 SuttOn Button was declared to be re regarded regarded as a complainant comp or accuser while all persons s present at the time of the death of Lieutenant Sutton were re regarded regarded regarded in the position of ot defendants It appears to the department says the letter that you have he misconceived the effect of the ruling of the court rel relative relative relative to the status of the officers Who were present on the occasion in question This ruling does not change the nature of the court in the slightest degree It Itis ItIs Itis is still a court of ot inquiry seeking after facts and not a judicial tribunal with power to try or to punish Its function is to determine all ail the facts incident to the death of Lieutenant Sutton and to recommend whether further proceedings should be taken against any person It is the invariable practice of courts of inquiry that if during an in investigation investigation investigation any person Is placed on the defense to notify such person and ex explain explain explain plain to him his rights In this in instance Instance Instance stance the court was specifically in instructed Instructed instructed in the orders by which it was convened that If it developed during the progress of the investigation that any anyone one was entitled to appear er as al a defendant he should be called before the court and informed of his right to witnesses and to offer such evidence as he might desire Considering this thia action it should not be lost sight of that if the court finds that Lieutenant Suttons Buttons death was not the result of his hie own act but was caused by another person or persons such auth other person or persons ao io tc t c will undoubtedly be brought to t trial for the offense Those Tho e whom the th court deems so vitally interested in the outcome of or the case ca e as to be designated as defendants are certainly entitled to legal aid to assist in bringing out all the facts as well as Mrs Sutton en cn whose who e representations the court was n cx dered and who has insisted ln that her bu sons death was caused by one of or his hl fal fallow low officers There would therefore t seem to be no impropriety in the courts action in regarding Mrs Sutton as a complainant or accuser The letter ends with a refusal refu al to va vacate vacate vacate cate the courts ruling |
