heard the officers giving orders and he observed that the crew were obeying the orders properly.

Some of the passengers were called, and they confirm this evidence. They speak in terms of the highest praise of the exertions made by the crew.

No doubt there were mishaps in handling the ropes of the boats and in other such matters, but there was, in my opinion, no incompetence or neglect, and I am satisfied that the crew behaved well throughout, and worked with skill and judgment. Many more than half their number lost their lives.

The total crew consisted of 702. . . . Of the males, 397 were lost, and of the females, sixteen, making the total number lost 413. . . . The total number saved 289.

crew

I find that the conduct of the masters, the officers and the was satisfactory. They did their best in difficult and perilous circumstances and their best was good.

THE PASSENGERS.

The number of passengers on board the Lusitania when she sailed was 1,257, consisting of 290 saloon, 600 second-cabin and 367 third-cabin passengers.

Of these, 944 were British and Canadian, 159 were American, and the remainder were of seventeen other nationalities. Of the British and Canadian, 584 perished. Of the American, 124 perished, and of the remainder, seventy-seven perished. The total number lost was 785, and the total number saved was 472.

The 1,257 passengers were made up of 688 adult males, 440 adult females, fifty-one male children, thirty-nine female children, and thirty-nine infants. Of the 688 adult males, 421 were lost and 267 saved. Of the 440 adult females, 270 were lost and 170 were saved. Of the fifty-one male children, thirtythree were lost and eighteen were saved. Of the thirty-nine female children, twenty-six were lost and thirteen were saved. Of the thirty-nine infants, thirty-five were lost and four were saved.

Many of the women and children among those lost died from exhaustion after immersion in the water.

I can speak very well of the conduct of the passengers after the striking of the ship. There was little or no panic at first, although later on, when the steerage passengers came on to the boat deck in what one witness described as "a swarm," there appears to have been something approaching a panic.

Some of the passengers attempted to assist in launching the boats and, in my opinion, did more harm than good. It is, however, quite impossible to impute any blame to them. They were all working for the best.

THE CARGO.

The cargo was a general cargo of the ordinary kind, but part of it consisted of a number of cases of cartridges (about 5,000). This ammunition was entered in the manifest. It was stowed well forward in the ship on the orlop and lower decks, and about 50 yards away from where the torpedoes struck the ship. There was no other explosive on board.

$201]

SINKING OF LUSITANIA

THE SHIP UNARMED.

133

It has been said by the German Government that the Lusitania was equipped with masked guns, that she was supplied with trained gunners, with special ammunition, that she was transporting Canadian troops, and that she was violating the laws of the United States. These statements are untrue: they are nothing but baseless inventions, and they serve only to condemn the persons who make use of them. The steamer carried no masked guns nor trained gunners, or special ammunition, nor was she transporting troops, or violating any laws of the United States.

THE TORPEDOING OF THE SHIP.

By the 7th of May the Lusitania had entered what is called the "Danger Zone," that is to say, she had reached the waters in which enemy submarines might be expected. The captain had therefore taken precautions. He had ordered all the lifeboats under davits to be swung out. He had ordered all bulkhead doors to be closed except such as were required to be kept open in order to work the ship. These orders had been carried out. The portholes were also closed. The lookout on the ship was doubled-two men being sent to the crow's nest and two men to the eyes of the ship. Two officers were on the bridge and a quartermaster was on either side with instructions to look out for submarines. Orders were also sent to the engine-room between noon and two p. m. of the 7th to keep the steam pressure very high in case of emergency and to give the vessel all possible speed if the telephone from the bridge should ring.

At 2:15 p. m., when ten to fifteen miles off the Old Head of Kinsale, the weather being then clear and the sea smooth, the captain, who was on the port side of the lower bridge, heard the call, "There is a torpedo coming, sir," given by the second officer. He looked to starboard and then saw a streak of foam in the wake of a torpedo traveling towards his ship. Immediately afterwards the Lusitania was struck on the starboard side somewhere between the third and fourth funnels. The blow broke number 5 life-boat to splinters. A second torpedo was fired immediately afterwards, which also struck the ship-on the starboard side. The two torpedoes struck the ship almost simultaneously.

Both these torpedoes were discharged by a German submarine from a distance variously estimated at from two to five hundred yards. No warning of any kind was given. It is also in evidence that shortly afterwards a torpedo from another submarine was fired on the port side of the Lusitania. This torpedo did not strike the ship; and the circumstance, is only mentioned for the purpose of showing that perhaps more than one submarine was taking part in the attack.

The Lusitania on being struck took a heavy list to starboard and in less than twenty minutes she sank in deep water. Eleven hundred and ninety-eight men, women and children were drowned.

Sir Edward Carson, when opening the case, described the course adopted by the German Government in directing this attack as "contrary to International Law and the usages of war," and as constituting, according to the law of all civilized countries, "a deliberate attempt to murder the passengers on board the ship." This statement is, in my opinion, true, and it is made in language not a whit too strong for the occasion. The defenseless creatures on board, made up of harmless men and women, and of helpless children, were done to death by the crew of the German submarine acting under the directions of the officials of the German Government. In the questions submitted to me by the Board of Trade I am asked, "What was the cause of the loss of life?" The answer is plain. The effective cause of the loss of life was the attack made against the ship by those on board the submarine. It was a murderous attack because made with a deliberate and wholly unjustifiable intention of killing the people on board. German authorities on the laws of war at sea themselves establish beyond all doubt that though in some cases the destruction of an enemy trader may be permissible there is always an obligation first to secure the safety of the lives of those on board. The guilt of the persons concerned in the present case is confirmed by the vain excuses which have been put forward on their behalf by the German Government as before mentioned. .

It may be worth while noting that Leith, the Marconi operator, was also in the second-class dining-saloon at the time of the explosion. He speaks of but one explosion. In my opinion there was no explosion of any part of the cargo.

ORDERS GIVEN AND WORK DONE AFTER THE TORPEDOING.

The captain was on the bridge at the time his ship was struck, and he remained there giving orders until his ship foundered. His first order was to lower all boats to the rail. This order was obeyed as far as it possibly could be. He then called out, "Women and children first." The order was then given to hard-a-starboard the helm with a view to heading towards the land, and orders were telegraphed to the engine-room. The orders given to the engine-room are difficult to follow and there is obvious confusion about them. It is not, however, important to consider them, for the engines were put out of commission almost at once by the inrush of water and ceased working, and the lights in the engine-room were blown out.

Leith, the Marconi operator, immediately sent out an S. O. Ş. signal, and, later on, another message, “Come at once, big list, 10 miles south Head Old Kinsale." These messages were repeated continuously and were acknowledged. At first, the messages were sent out by the power supplied from the ship's dynamo; but in three or four minutes this power gave out and the messages were sent out by means of the emergency apparatus in the wireless cabin.

All the collapsible boats were loosened from their lashings and freed so that they could float when the ship sank.

$$201-203]

GERMAN EXCUSES

135

THE LAUNCHING OF THE LIFE-BOATS.

Complaints were made by some of the witnesses about the manner in which the boats were launched and about their leaky condition when in the water. I do not question the good faith of these witnesses, but I think their complaints were illfounded.

The conclusion at which I arrive is that the boats were in good order at the moment of the explosion and that the launching was carried out as well as the short time, the moving ship and the serious list would allow.

THE NAVIGATION OF THE SHIP.

At the request of the Attorney-General part of the evidence in the enquiry was taken in camera. This course was adopted in the public interest. The evidence in question dealt, firstly, with certain advice given by the Admiralty to navigators generally with reference to precautions to be taken for the purpose of avoiding submarine attacks; and secondly, with information furnished by the Admiralty to Captain Turner individually of submarine dangers likely to be encountered by him in the voyage of the Lusitania. It would defeat the object which the AttorneyGeneral had in view if I were to discuss these matters in detail in my report; and I do not propose to do so. But it was made abundantly plain to me that the Admiralty had devoted the most anxious care and thought to the questions arising out of the submarine peril, and that they had diligently collected all available information likely to affect the voyage of the Lusitania in this connection.

It is certain that in some respects Captain Turner did not follow the advice given to him. It may be (though I seriously doubt it) that had he done so his ship would have reached Liverpool in safety. But the question remains, was his conduct the conduct of a negligent or of an incompetent man. On this question I have sought the guidance of my assessors, who have rendered me invaluable assistance, and the conclusion at which 1 have arrived is that blame ought not to be imputed to the captain. The advice given to him, although meant for his most serious and careful consideration, was not intended to deprive him of the right to exercise his skilled judgment in the difficult questions that might arise from time to time in the navigation of his ship. His omission to follow the advice in all respects cannot fairly be attributed either to negligence or incompetence. He exercised his judgment for the best. It was the judgment of a skilled and experienced man, and although others might have acted differently and perhaps more successfully he ought not, in my opinion, to be blamed.

THE WHOLE BLAME.

The whole blame for the cruel destruction of life in this catastrophe must rest solely with those who plotted and with those who committed the crime.

(Mersey, Wreck Commissioner, Loss of the Steamship Lusitania.)

(c) [$202] German Excuses.

BY THE GERMAN FOREIGN OFFICE. (May 10, 1915.)

Berlin (via London), May 10-The following dispatch has been sent by the German Foreign Office to the German Embassy at Washington:

"Please communicate the following to the State Department: "The German Government desires to express its deepest sympathy at the loss of lives on board the Lusitania. The responsibility rests, however, with the British Government, which, through its plan of starving the civilian population of Germany, has forced Germany to resort to retaliatory measures.

"In spite of the German offer to stop the submarine war, in case the starvation plan was given up, British merchant vessels are being generally armed with guns and have repeatedly tried to ram submarines, so that a previous search was impossible. "They cannot, therefore, be treated as ordinary merchant vessels. A recent declaration made to the British Parliament by the Parliamentary Secretary, in answer to a question by Lord Charles Beresford, said that at the present time practically all British merchant vessels were armed and provided with hand grenades.

"Besides, it has been openly admitted by the English press that the Lusitania on previous voyages repeatedly carried large quantities of war material. On the present voyage the Lusitania carried 5,400 cases of ammunition, while the rest of her cargo consisted chiefly of contraband.

"If England, after repeated official and unofficial warnings, considered herself able to declare that that boat ran no risk and thus light-heartedly assumed responsibility for the human life on board a steamer which, owing to its armament and cargo, was liable to destruction, the German Government, in spite of its heartfelt sympathy for the loss of American lives, cannot but regret that Americans felt more inclined to trust to English promises than to pay attention to the warnings from the German side."

(Boston Herald, May 11, 1915.)

(d) [$203] American Note to Germany.

WRITTEN BY PRESIDENT WOODROW WILSON (May 13, 1917).

The sinking of the British passenger steamer Falaba by a German submarine on March 28, through which Leon C. Thrasher, an American citizen, was drowned; the attack on April 28 on the American vessel Cushing by a German aeroplane; the torpedoing on May 1 of the American vessel Gulflight by a German submarine, as a result of which two or more American citizens met their death; and, finally, the torpedoing and sinking of the steamship Lusitania, constitute a series of events which the government of the United States has observed with growing concern, distress and amazement.

AMERICAN POSITION ON RETALIATION.

Recalling the humane and enlightened attitude hitherto assumed by the Imperial German Government in matters of interna