| Show INQUIRY I POSTPONED OFFICERS I MADE DEFENDANTS I Hearing Will Not Be Resumed Re Re- Until Lieutenant Utley Returns f h ANNAPOLIS Md Did July 27 4 The Sutton inquiry w was s ads ad's adjourned ad ad- s 's today indefinitely This 4 4 h action was taken on a 1 ruling of to the court that Mrs Sutton was wasa 4 I a com complainant in the case caso and aUthe all aU alli P i the officers concerned in the tho affair af af- 4 4 i. fair were made party defend defend- l. 4 ants The hearing will not bo be resumed until Lieutenant Utley 4 4 another party defendant re re- 4 d' turns from abroad j or jANNAPOLIS r Al ANNAPOLIS Md July 27 When When the board of inquiry resumed its investigation investigation investigation in in- today into the death of James N. N Sutton of the mar marine De Decorps corps tho announcement that Mrs Rose Hose Sutton Parker Lieutenant Suttons Sutton's sister sister sis sis- ter would testify brought tho the largest crowd to the auditorium of any day since the tho inquiry be began an There were three women to each man among the tho spectators In response to a request by Mrs Birney Birney Bir Bir- ney Lieutenant Adams counsel that counsel for Mrs stipulate more clearly in r regard rd to his final ar argument in th the tho case attorney Davis Dais said he ne had entered the inquiry with ith an entirely open mind and he did not intend to point the fin finger er of suspicion against an any particular officer but he would not hesitate hesitate hesi hesi- tate in saying he lie no mi might ht offer certain specific recommendations to the court in regard to persons concerned in the inquiry in his summing up Mrs Sutton mother of Lieutenant Sutton was as sworn as a a. witness Major Leonard the judge judo advocate read Mrs Irs Suttons Sutton's letter to the nav navy department asking for a reopening of her sons son's death He requested that Mrs Sutton now be considered a com cont- complainant in th tho case and not a mere party to tor the the- inquiry and that all the officers officers officers of of- involved in the affray will be allowed allowed al al- al lowed to be he present in in c court urt and be permitted to cross examine Mrs Urs Sutton and any witnesses produced by the Sut But tons Mr Davis said his client was tras not directing di di- an accusation a against any one person but that ho he welcomed representation representation bv by counsel of any anyone one of the parties involved I ask this board to present authority for this sudden change in the nature of f these proceedings t Mr Davis Dais re reo re- re quested A Jt lon long ar argument ment between Mr Davis and amI the judge advocate ensued Major Leonard said he had up to this point avoided malt making u any complaint or party defendant to the inquiry inquiry but if there was any doubt in the courts court's mind as to the position in which the admission of ol Mrs Buttons Button's letter in iu evidence placed tho officers concerned in in the affair he lie would present further evidence c to that end Mr Davis said he did not mean to appear to shirk any responsibility in inthe inthe m the matter but insisted t that at Mrs Sutton Sut Sut- ton was not a complainant against any I Continued on pa page e 10 SUTTON INQUIRY Continued from page 1 particular person and was simply the moving moin party The court rules rales that ill all al tho the officers concerned were wore entitled to reply at the inquiry and Major ajor Leonard called caled Lieutenants Lieutenants Lieutenants Lieu Lieu- tenants Bev-an Bev Hl Be Willing Adams and Ser Sergeant DeHart DeHar into the court cour room loom DavIs thereupon asked aked for an adjournment ad ad- until ho he could clearly define his position in the case This new adjustment sug suggested ested by bythe bythe the jud judge e advocate te places me m in 1 an a entirely entirely en en- said new relation to the case Mr r. r Davis I ai am not here as a prosecutor tor but to assist in conducting a full fulland ful and impartial investigation aton into the facts and the present situation appears to force me to decide between withdrawing withdrawing with with- drawing from the case or proceeding from this point in an entirely different capacity Mr Davis Dayis accused the judge advocate advocatt advocatt of laches Inches in the proceedings by not introducing in introducing in- in Mrs Suttons Sutton's letter Jetter in evidence evidence evi evi- dence at the start and fully defining the nature of the inquiry at that time Major Maior Leonard said he had not other intention intention in in- from the inception of the inquiry inquiry in in- in than to lo declare his present attitude attitude attitude atti atti- tude but hut he bc h deferred it simply to lo afford afford afford af af- af- af ford the introduction of all al impartial and unbiased evidence ce that at could coul b be o obtained Commander Comander Hood notified the officers called caled in that they were ere parties defendant to t the tle e inquiry and decided decided decided de de- de- de to adjourn court until Lieutenant Lieuten Lieuten- ant Utley and Surgeon Cook returned Mrs Buttons Button's letter which formed the basis bass of the governments government's new attitude attitude atti atti- atti att- i tude in in the tho case was written to the secretary of the navy on February 8 1909 and referred to the petition made in her behalf for a new investigation by Senator Bourne of Oregon The following following follow follow- ing paragraph appeared in tho the letter leter in reference to her petition to reopen the theca ca case e That if it should be found that ore one of the other V participants in the affray f in q 6 cirt l n crimi criminally r nally naly responsible for his death or probably probably abl ably so responsible such further action I as may be deemed appropriate mo may ma maybo be bo tak taken n for the purpose of bringing the person so thou thought ht to b be he responsible i to trial and to punishment if convicted Mrs Sutton added that that her own investigation investigation investigation in in- convinced her hel that her ber son was killed h bv by a brother officer |
