The Power of the Press

“Governmental actions should be neither secret nor unjust. . . . If we cannot get justice through the courts, every newspaper in the United States shall have the facts as we have them and then see what the opinion of the world will be.” osa Sutton [A Soul on Trial pgs. 183, 62]

Rosa Sutton’s statements reveal why this story mattered so much a century ago—and why it should now. The need for governmental transparency on matters unrelated to national security is central to democracy. In this case, the secret element was what was not examined and what was not said at the 1907 investigation into Sutton’s death (or what was not in the official record).  Secrecy is often behind a person’s alleged failure of memory when that failure is convenient. And Americans’ weapons against government reticence have long been their journalists.

In this case, an unknown Oregon housewife had opportunities in 1909 that her mother would not have had a generation earlier. At the end of the nineteenth century, the nation had become a neighborhood, and its newspapers proliferated. New modes of transportation and communication led to the exploding population of America’s cities. “Public opinion” was no longer confined to the educated middle classes—a vast urban and immigrant population now turned to morning, afternoon, and evening papers for information and entertainment. For reporters, the story of a heartbroken mother confronting a military bureaucracy proved irresistible; the paranormal aspects of the Sutton story only added to its potential to fascinate.

It was the job of the papers—the only media at that time—to be guardians of democracy and the legal system that is key to making democracy work. A century ago, men and women, including public figures, depended on the newspapers for the most basic information—even information about their own family members. Telephones were still not used widely. In a very real sense, the press corps became a third protagonist in this story.

Rosa Sutton’s story would compete for attention on the new wire services with the Wright brothers’ daring flights, urban calamities, or any one of several grisly criminal trials. All the major New York papers followed her campaign, including respectable ones such as the staid Evening Post and the New York Times, The case also stimulated the decade-old circulation war between Joseph Pulitzer’s New York World and William Randolph Hearst’s New York Evening Journal.

The Power of Public Opinion

The influence of a gaping and curious public can have no effect on the conduct of the Judge Advocate in this matter. . . . The hallowed grave of a dead son is no more sacred than the grave of a military reputation and there are a great many military reputations at stake in this hearing.

—Major Harry Leonard [pg. 176]

Major Leonard proved to be a formidable judge advocate and an ideal one to handle Rosa Sutton in what began as an impartial investigation into the facts surrounding Sutton’s death. As it turned out, Rosa needed to be handled—she was strong minded and just as determined as he was to defend values that were (and are) sacred to a large number of Americans. So Leonard had a plan to attack her credibility. But the “curious public” did have a strong influence on his actions at the inquiry in the summer of 1909. Both of his comments reveal his concern about his own reputation, and his awareness that his job was to be impartial; at the same time, as a Marine Corps officer, his actions were also driven by his loyalty to his fellow Marines. This is a timeless conflict that has long governed the exigencies of military justice and it plays out in this case in a way that makes the subject fascinating and telling.

America’s service academies—then as now—are always scrutinized more than any other institutions of higher education in this country. Because so many citizens had a stake in what happened in this case, the government’s representatives fought for the hearts and minds of Americans inside this military courtroom. The Marines’ code of conduct was just as important to them as Rosa Sutton’s mission was to her. So the nation’s newspapers shaped the dialogue and the lawyers’ closing arguments both wthin the courtroom and outside of it.