The Birmingham age-herald., 1916-05-11
New Note Received From Gerard at Berlin Announc- ing Punishment of Com mander of Submarine
SIN NCERE REGRET FOR THE OCCURRENCE
 EXPRESSED IN NOTE
J-Boat Captain Thought He Was Attacking a War ship-Hopes America Will Consider Case Settled

Washington, May 1o.-Germany, in l note received at the state department
 oday by cable from Ambassador Ger Ird, admits that a German submarine brpedoed the channel steamer Sussex sa violation of the assurances given The United States, expresses regret for
 he accident. announces that the sub Marine commander has been appro- 1riately punished' and declares readi-
 Hess to pay an adequate indemnity to MI ericans injured on the steamer H It is indicated at the state depart rhent that the German statement that ihe offending commander had been Furnished would be accepted and the ,mssex case considered closed except 'br arranging for the payment of in 1, ,emnities to the several citizens of the limited States who were hurt There robably will be no attmpt to negotiate
 br these indemnities or for final set I ement of the Lusitania and other
 hses pending, however, until sufficient
 me has elapsed to indicate how the
 hst American note was received in lerlin and whether the new subma-
 inc policy is being lived up to.
 CANNOT BE MAINTAINED
 Results of an investigation based on Ilhcts supplied by the American gov ,tnment, the German communication Hays, has shown that the contention |IEiginally set up that the explosion
 h the Sussex was to be traced to a
 huse other than a German submarine Ilttack cannot be maintained. While lsserting that the submarine comman- Yer thought he was dealing with an Inemy warship, Foreign Minister Won tlagow admits that he formed his N Judgement hurriedly and therefore did ,ot act fully in accordance with the N iErict instruction which called upon N i'm to exercise particular care.
 M Officials of the state department ioted particularly the passage ofasthe l, ,ote which said: "In view of these cir ,imstances the German government iEankly admits that the assurances ltven the American government, in &C., jbrdance with which passenger ves- .Ibls were not to be attacked without Alarming, has not been adhered to in lhe present case"
 H This was regarded as indicating a lllrpose on Germany's part to decline
 b pay indemnities for Americans Filled or injured in attacks on ships MI tO ,be date of the last note in which the Herman government promised that Height as well as passenger vessels Mould not be attack ed without warning s without provision for. the safety of frsons aboard. Any response to the sbte received today probably will mako distinct reservation of American lights on this point.
 tThe German note, signed by Foreign mister Won Jagow and addressed to
 mba ssador Gerard, is dated May s, and Ne ambassador cablegram transmitting N May 9. The text follows:
 ff 'Supplementing his note of the fourth ,llstant concerning the conduct of the lerman submarine warfare, the under 'lRnGQ naS l16 uOIOf lO AHlOiLi Aio C-A- Ikllency, the American ambassador, MT. gkmes w. Gerard, that the further in ikstigation made by the German naval Authorities concerned in regard to the Wrench steamer Sussex, on the basis of He American material, has been conclud- in the meantime. In conformity with 'he result of this investigation the S. ;xx fl,a tn h<1f the, Undersigned of the tenth ultimo, that the ehmage of the Sussex was to be traced Mack to cause other than the attack M German submarine. cannot be main lined
 TRANSPORTS HAD CROSSED 1l"Such assumption had to be arrived at Illith certainty from the material in the
 bssession of the German government, for
 self. and without further knowledge of lle circumstances connected with the tor
 @doing of the Sussex the more so as part from the points enumerated in the IIcts had come to the attention of the Y hmiralty staff of the navy through re- lAble information: March "A, 1916, ap- M ifoximately at the same time as the
 hssex. an auxiliary warship left the port llF Folkstcne with large transport of IFitish infantry on board; on the day a |Iansport steamer was torpedoed in the
 hannel; a few minutes preceding the ex- |Iosion on the Sussex, she had passed
 trough mass of shipwreckage, which IEeated the impression that ship had
 ink at that spot shortly before All tese facts justified the conclusion that be only case of torpedoing which could p considered under the circumstances, ad struck the British war vessel, lhereas the Sussex had met with an &C.,
 dent in some other way
 However, on the basis of the Ameri-
 tn material, the German government
 +nnot withhold it's conviction that the Hip torpedoed by the German submarine ,Il in fact identical with the Sussex, for bN orcordopca uith thio mo tariol tra