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[Inclosure.]

COPENHAGEN, January 25, 1916. To-day, Captain Thompson, of the American steamer Petrolite, of New York, bound from Alexandria, made the following statement to the American Minister at Copenhagen:

While off the coast of Tripoli on Sunday morning, December 5, at about 6.30 o'clock, he was attacked by a submarine. The submarine must have been under water and the Petrolite must have passed over her, after which the submarine fired the first shot. This first shot the captain thought to be an explosion in the boiler room, and the mate went immediately to see what the trouble was. While he was on the way to the engine room, the second shot was fired. Then, and only then, was the submarine sighted, and the ship stopped. Captain Thompson ordered the Petrolite swung around so that the name of the ship-painted in six-foot letters on the side-might be visible. He had a large American flag flying between the two masts of the vessel and another at the stern. The submarine came closer and kept on firing all the time; he did not know what to do. The submarine showed no indication of its nationality. The captain then ordered the boats ready and the crew into the boats. During this time he went to the cabin to get the ship's papers and the money box. While he was in the cabin and the boats were being made ready the last shot was fired. This last shot went through the crew lowering one of the boats and wounded one of the men- -a flesh wound on the inside of the calf of the right leg. This shot, in exploding, tore away the piping in the fidle (casing around the funnel) and caused damage, as estimated by the captain, to the extent of $2,000. The captain then told the mate that he might want to go aboard the submarine. While he was on his way to the submarine it hoisted the Austrian flag. When the captain handed over his papers, the submarine commander asked why he had not stopped when the first shot was fired. He told the commander that he stopped at the second shot, explaining that they thought the first report was caused by an explosion in their own ship. He told him that the Petrolite was swung around to show the name. Then the commander said that the Petrolite had tried to ram him. Captain Thompson denied this, saying that by this time his ship had very little headway on. The commander of the submarine then said the Petrolite looked like a cruiser, and that he ought to have a flag painted on the side of the ship, like all other neutral vessels. Captain Thompson called attention to the large flag flying between the masts and the one at the stern. Some days ago, said the commander, his ship found an English vessel flying the American flag, and when it sighted the submarine it hoisted the English flag and commenced firing on the submarine, which was compelled to go below. The submarine commander again advised the captain to have an American flag painted on the side of his ship.

The commander then asked if there were any provisions (fresh) on board the Petrolite, to which Captain Thompson replied in the affirmative, but added that he had only enough for his own use. The commander said he would like very much to have some and would be willing to pay for them. Captain Thompson said that the only way to get them was for the commander to force him to give them up, as he would not sell them. The commander then said that he required about 50 pounds of meat, 50 eggs, and if the captain had a ham not in use, by all means, a ham. He then ordered the captain aboard but kept the wounded man as a hostage until the provisions made their appearance. He informed the captain that his was a large submarine with a crew of thirty-five men, that could easily make the trip to America. The captain, after a look fore and aft, agreed with the commander, but expressed his doubts as to whether the submarine after a visit to America would ever come back again.

After his return to the Petrolite the captain ordered the provisions out and sent over to the submarine. The officer who took them over reported on his return with the hostage that, as Captain Thompson would not accept any money for the provisions, the commander had the honor to offer him a bottle of champagne. The submarine then disappeared with the provisions and the Petrolite resumed her voyage.

[Attest.]

I, W. H. Oorschot, chief engineer of the S. S. Petrolite (owners, Standard Oil Co. of N. J.), hereby attest that, in my opinion, the amount of damage done to the fidle (the casing containing the steam piping around the funnel) by the explosion of a shell fired from an Austrian submarine at the above-mentioned vessel would be covered by the sum of $10,000.

COPENHAGEN, JANUARY 26TH, 1915,

W. H. OORSCHOT,
Chief Eng.

Kingdom of Denmark, City of Copenhagen, ss: Sworn and subscribed to before me this 26 Jan., 1916.

E. D. WINSLOW,

American Consul General, Copenhagen, Denmark.

[Seal of the American Consulate General.]

STATEMENT REGARDING STOPPAGE OF S. S. "PETROLITE" BY A SUBMARINE WAR VESSEL IN THE MEDITERRANEAN.

Question. Where was the vessel stopped?

Answer. Off coast of Tripoli, Sunday, December 5, 6.30 a. m.

Question. Was protest made by captain against the food being taken ?

Answer. Yes, captain protested vigorously; said the only way for the submarine commander to get the provisions was to force him to give them up.

Question. Was any payment made?

Answer. No payment made. Austrian commander offered payment, but captain would not accept.

Question. Was headway stopped and ship swung broadwise to submarine? Answer.

to submarine.

Yes, ship was immediately stopped and swung broadside

Question. Did shelling continue after ship stopped?

Answer. Yes, at least twelve shots were fired after ship had been stopped.

Question. Was shell that wounded sailor among those first fired, or after ship was stopped?

Answer. Sailor was wounded by last shell fired after ship had stopped.

KINGDOM OF DENMARK,

City of Copenhagen, ss:

Sworn and subscribed to before me this 26th Jan., 1916.

E. D. WINSLOW, American Consul General, Copenhagen, Denmark.

[Seal of the American Consulate-General.]

H. B. THOMPSON, Master, S. S. "Petrolite."

Name of wounded seaman: Frederik Larsen (born in Denmark). Name of first mate: Thomas McKellum (born in U. S. A.).

No. 1116.]

The Secretary of State to Ambassador Penfield.

[Telegram-Paraphrase.]

DEPARTMENT OF STATE, Washington, February 9, 1916.

Mr. Penfield is informed that the captain of the steamer Petrolite states that on December 5, 1915, in longitude 26° 8' East, latitude 32° 23′ North, six thirty a. m., during fair weather, ship was fired on by submarine coming up from stern. Headway of ship stopped immediately after second shot was fired six thirty-two a. m., and ship was swung broadside to submarine until stopped. After ship was so placed number of shots were fired, one went through ship, burst and

wounded a seaman in the leg. Shell did considerable damage to boiler and steam pipes. Captain of Petrolite went on board the submarine with ship's papers. Submarine flying Austrian flag on conning tower. Commander of submarine did not give his name or number of boat. Commander of submarine asked captain of Petrolite to sell him food. Captain refused to sell. Submarine commander demanded fifty or sixty pounds of fresh beef, fifty or sixty eggs, and a ham. Told captain of Petrolite to return to ship and send over provisions and that one of his men would be kept until provisions were delivered. Provisions delivered, no payment accepted. Submarine submerged and Petrolite proceeded on voyage. At the time Petrolite was fired on she was flying American flag six feet by ten from the signal halyards about thirty feet above bridge, and smaller size American flag from flagstaff at stern about twelve feet above deck. Petrolite has a free board of about twenty-six feet. Mr. Penfield is directed to present the above statements to the Austro-Hungarian Foreign Office and request an immediate explanation. If the facts are as reported he may state that the United States Government regards the submarine commander's conduct as an insult to the flag of the United States and an invasion of American citizen's rights for which the United States Government may properly expect an immediate apology from the Austro-Hungarian Government, the submarine commander's prompt punishment, and an assurance that Austria-Hungary will make compensation for the injuries sustained by members of the crew of the Petrolite, and for damages to the vessel.

No. 1354.]

Ambassador Penfield to the Secretary of State.

AMERICAN EMBASSY,
February 25, 1916.

SIR: Adverting to the Department's telegram No. 1116 of the 9th instant, and in confirmation of my telegram No. 1164 of the 23d instant, I have the honor to transmit herewith inclosed a copy with translation of the reply of Baron Burian, the Austro-Hungarian Minister for Foreign Affairs, to my Note of the 12th relative to the shelling of the American steamer Petrolite on the 5th of December last, and the requisitioning of food by a submarine flying the AustroHungarian flag in the Mediterranean.

As detailed therein, direct issue is taken with the statements of the commander of the Petrolite in several instances, and the opinion held that the Commander of the submarine was in no way guilty either of a breach of international law or of disrespect to the American flag. I have, etc., FREDERIC C. PENFIELD.

No. 807.]

[Translation-Inclosure.]

IMPERIAL AND ROYAL MINISTRY
OF FOREIGN AFFAIRS,
Vienna, February 22, 1916.

The undersigned did not fail to refer the very esteemed Note No. 5001 of the 12th instant immediately upon receipt thereof to the Imperial and Royal naval authorities for the necessary further consideration, and now has the honor to make known to His Excellency the Ambassador Extraordinary and Plenipotentiary of the United States of America, F. C. Penfield, the result of the searching inquiry in regard to the statements of the captain of the steamer Petrolite, as follows

On the morning of December 5, 1915, the steamer was ordered to stop first by a shot across the bow. The steamer neither carried a flag nor bore any neutral distinguishing mark. The U-boat displayed the signal "Send a boat." After the shot the steamer raised the American flag and apparently stopped her engines, but then swung around in a course toward the U-boat.

A further warning shot was fired, to bring the steamer to a standstill. She turned nevertheless still further and approached the submarine.

Thereupon the latter had to open fire, as it was possible that a false flag was being flown and, therefore, the danger of an attack and of being rammed existed. It was ascertained that the shot had struck. The steamer now turned away, stopped, and began to put out a boat. As soon as this was observed firing was ceased.

The captain came on board with his papers. The commandant pointed out to him his wrong maneuver, which had created the appearance of an attack, and further also to the lack of any neutral distinguishing mark.

By the shot which struck the steamer, a sailor was wounded, but so lightly that the captain allowed him to row in his boat.

The extent of damage on board, according to the statement of the captain, was insignificant.

'Not printed. See telegram No. 1116, February 9, 1916, p. 189, supra.

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