New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-31
NIENNA'S REPLY TO SECOND NOTE

been saved with the available boats. From the cir
cumstance that this did not occur the commander
concluded that the contrary to all the rules OF
The seas, accomplished their rescue in the first
boats and left the passengers to themselves
The cntr. loss OF life the note sets FORTH cannot
be attributable in the first instance to the sinking OF
the vessel. but in some degree to the dropping OF
the first boats while the proceeding at
full sreed and the fact that the thought only
of their safety and did the passengers
from the capszed boats though also to the shells
which hit the fleeing vessel But the death OF the
persons drowned with the sinking vessel must, above
all be ascribed to the "culpable behavior OF the
crew.
The Austrian reply then states that the American
note in several points is based incorrect suppos
tons and describes as incorrect that shell at
once fired; that the submarine, pursuit overlook
the steamer; that only short time allowed for
those aboard to enter the boats, and that several
shots fred the steamer after it had stopped.
The commander Of the submarine the note
tnues. allowed the steamer more time than was nee
essary for the passengers take to the boats. and
then torpedoed the vessel n such manner that it
would remain aloat as long as possible, to enable
the passengers to disembark-"an object which
would have been obtained if the passengers had not
been forsaken by the crew
Fully appI ecating the attitude OF the commander
who had in view the of the passengers and
crew." says the note, "the Austro- Hungarian naval
authorities have arrived at the conclusion that he
apparently neslected take sufficiently into consid-
ersticn the panic among the passengers, which
dered Decentralization more difficult, and the spirit
OF the regulations that Ausro- Hungarian naval
officers should refuse assistance TO one in dis
tress even an enemy. The officer was therefore
ii I,.I
the rules in force for such cases"
The Austro Hungarian government does not
hesitate in view Of the circumstances to draw the ap
proprate conclusion concerning the ndemnifying of
American citizens affected BIZ the sinking of the
prize but for the damage caused by the doubtlessly
justified firing the fleeing vessel the Austro- Hun
garan government cannot we'll be made responsible
or for the damages which resulted from the incorrect
Decentralization the capsizing of the lowered boats
before the torpedo fired. The Austro- Hungarian
government must suppose that the Washington Cabi-
net is able and willing to communicate to the Ausro-
Hungarian Cabinet the necessary information refer
ring thereto.
But N appropriate evidence is lacking and
the United States government should not have
knowledge of the particulars of how the American
citizens to grief, tie Austro- Hungarian gov
eminent in consideration Of the incident which, from
humane standpoint is deeply to be regretted and
guided by the desire manifest its friend
ly feelings toward the United States is ready and
prepared to pass lightly this deficiency of evi
dence and also indemnify for damages whose
proximate cause could not be fixed
Hoping that the Ancona incident can now be
regarded as cleared up. the ustro-Hungarian gov
eminent makes provision to submit for discussion
at later these difficult international ques-
tions which connected with submarine warfare"