Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-10-18
SHOT AFTER INDICATING
DESIRE TO SURRENDER
Charged That British 0Mcer, Flying
United States Flag, Slew German
Submarine Grew.

According to afiidavits filed at the State
Department. the crew and commander Of
a German submarine were shot by orders
Of British officer on the patrol boat
Baralong. after the Germans had signi-
fed their desire to surrender. The Ger
man embassy last night made public the
news Of the affidavits which came from
American muleteers on the British steam
Ter Nicosian. touching at New Orleans.
According to the affidavits. the British
patrol boat was not only flying the Amer
lean flag, but had the American colors
on big boards suspended from the sides
Of the ship. The submarine was sheIling
the Nicosian when the Baralong came up
and opened IRE on the submarine. re-
placing the American fag with the Union
Jack
Signers Of Afadavits.
One affidavit 10 signed by James ]. Cur
ren. foreman OF the muleteer gang. and
the other by D. Hightower. Bud Anderson
Palen. Edward Clark and r. H. Cosby.
muleteers. They were sworn to In New
Orleans and forwarded by the German
consul there to Count Won Bernstorf. the
German ambassador.
The incident occurred August 10, while
the Nicosian was nearing the British
coast with a cargo of mules from New
Orleans. According to Curren's story.
the Nicosian's crew, after warning
shots from the submarine. had taken to
small boats when the Baralong ap
where the American colors had been.
and unscreening guns, began firing
upon the submarine. A shot carried
away the undersea boats coming tow
r arol fhap hA rouf
of her crew plunged into the water.
Five. including the captain, climbed
aboard the deserted Nicosian by a rope
ladder. the affidavit says. while six
caught hold of fall lines from the boat
davits.
Ordered to "Take No Prisoners"
In the meantime. the Baralong had
taken aboard the Nicosian's crew and
had gone alongside of the mule ship.
Curreu's story says Capt. Mcbride gave
the order. Get them all; take no
prisoners" and that four of the Ger
and the six clinging alongside were
shot down. The submarine commander.
he said. was killed by volleys fired
after he had dived overheard and was
holding up one hand in token of sur
render.
Curren also asserts that later he saw
a letter sent by the captain of the
Baralong to the captain of the Nicosian.
asking him to caution his men. par
ttcularly the Americans, to say moth
ing about the incident on their arrival
at Liverpool or their return to America
q. 8. Contemplates No Action.
The State Department does not con-
template any action on the afffdavits
filed by the German embassy.
Officials pointed out today that case
did not differ from many others filed by
belligerent governments charging vio-
lations OF military law and atrocities
The American government has merely
filed all such protests.
Omcials pointed out today that the cass|
incidents become q general practics|
they might possibly affect tho subma
rine controversy between the United
States and Germany. They fear that ID
British ships generally attack GermarI
submarines. interfering with the al. !
tempts OF the latter to visit and search
the submarines might resume theil|
practice of torpedoing without warn
ing. -
The use of the American nag by thd
British patrol boat Is regarded as
ruse in keeping with the naval pracl
tice Of previous wars. and used by tn
United States as we'll as other nations
The only requirement Is that a war yes
sci must show Its true colors befor4
opening IRE.