The Birmingham age-herald., 1915-06-05
IMPOSSIBLE AS YET
 TO CLEAR UP FULLY ATTACK ON CUSHING
German Government Asks Further Information Con- cering Case-Adopts Same
 Policy to Other Neutrals

notec led to the state department to- daXs Ambassador Gerard at Berlin. eN >sed regrets that through "an uS e'tunate accident German sub- ' e ne had torpedoed the American O mcr GuIflight and declared itself
 damage thereby sustained by American citixens.-
 In the same communication ,ne Ger man foreign office said 1t had not been possible to clear up fully the case of the American steamer Cushing. reported at tackled by a German aeroplane, and asked that the United States communicate all in- formation in its possession concerning this incident.
 Blame for attack on the Guflight was placed by the foreign office upon the proximity of two British patrol boats and the absence from the steamers free board of the distinctive markings usually carried by neutral ships That the at
 tackled steamer carried the American flag. :" the note added. was first observed at the moment of firing the shot.' Torpedoed Five Weeks Ago The Gulflight was torpedoed in the English channel five weeks ago while carrying oil from Port Arthur, Tex, for Rouen, France. She was lowed to Crows sound and beached for repairs. Two sea- men were drowned when the crew took to the boats and the captain died of heart trouble the next day.
 The expression of regrets and offer of reparatlon follows the principle outlined in circular Germany recently sent to neutral nations disclaiming intention of attacking neutral vessels carrying non contraband.
 The text of the note. signed by the min ister of foreign affairs. reads:
 Referring to the note of May 2s the undersigned has the honor to inform his excellency, the ambassador of the United States of America, MT. James W. Gerard that the examination undertaken on the part of the German government concern ing the American steamers Gulflisht and Cushing has led to the following con clusions
 '1n regard to the attack on the steamer
 tulIlS0I, Lne cOHld0Qer or sieT11Hn submarine saw on the afternoon of May 1, in the vicinity of the Scilly Islands, d large merchant steamer coming in nIs di- rection which was accompanied by two smaller vessels These latter took such position in relation to the steamer that they formed regulation safeguard against submarines. Moreover. one of them had wireless apparatus which Is not usual with small vessels
 nxrida at,ft o f4ac of English convoy vessels. Since such yes sells are regularly armed the submarine could not approach the steamer on the surface of the water without running the danger of destruction. It was on the other hand. to be assumed that the steamer was of considerable value to the British government since 1t vas so guarded The commander could see no neutral markings on it of any kind that
 s distinctive marks painted on the free board recognizable at a distance such as are now usual on neutral ships in the English zone of naval warfare. In con sequence he arrived at the conclusion from all the circumstances that he had to deal with an English steamer, submerged and attacked. The torpedo cana in the immediate neighborhood of one Of the convoy ships which at once rapidly ap- preached the point of firing so tkat the submarine was forced to go to n great depth to avoid being rammed the con clusion of the commander that an English convoy ship was concerned was in this way confirmed.
 Carried American Flag
 "That the attacked steamer carried the American flag was first observed at the moment of firing the shot
 ."rhe fact that the steamship was pur- suing a course which led n1hther to nor from America was a further reason why 1t did not occur to the commander of the submarine that he was dealing with an American steamship.
 '.Upon scrutiny of the time and place of the occurrence described, the German government has become convinced that the attacked steamship was actually the American steamship Gulfight. There can be no doubt. according to the attendant circumstances that the attack Is to be att tributed to an unfortunate accident and not to the fault of the commander "The German government expresses Its regrets to the government of the United States concerning this incident and de- clares itself ready to furnish full recom- pense for the damage thereby sustained 1 by American citizens It is left to the discretion of the American government to present a statement of this damage or. If doubts may arise over individual points. to designate an expert who would have to determine together with Ger man expert the amount of the damage. One Ship Attacked
 'It has not yet been possible by means of an inquiry to clear up fully the case of the American ship Cushing. Officisl reports available report only one mer- chant steamship attacked by German flying machine in the vicinity of Nord- hind lightship. The German aviator was forced to consider the vessel as hostile because 1t carried no flag and further because of no recognizable neutral mark ings. The attack of four bombs was, of course not aimed at any American ship.
 'However, that the ship attacked was the American steamer Cushing Is poss- ble considering the time and place of tn 3 occurrence: nevertheless the German gov l ernment, accordingly requests of the ] American government that 1t communi-
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