The sun., 1918-08-26
CUNARD LINE WINS
ITS LUSITANIA SUIT
Continued from First Page.


rule observed until this war by even
the bitterest antagonists"
In pronouncing Germany guilty Judge
Mayer In his decision gave many pages
to a discussion OF international law He
cited authorities and went into the prac-
tice OF nations In detail. In regard to
American precedents he said:
these humane principles were prac-
tsed both in the war Of 1912 and during
our own war Of 1S8l-1865. Even with
all the bitterness -(now happily ended
and forgotton) and all the difhcuities
Of having no port to which to send a
prize Capt. semmes Of the Alabama
strictly observed the rule as to human
life. even going so far as to release
ships because lie could not care for the
passengers"
Germany recognised the same rules
that have bound other nations, Juose
Mayer said, and her war zone procla,
nation Of February 4, 1917. contained
no warning that the accepted rule OF
ciyilixed naval warfare had been dis
carded by tho German Government.
Judge Mayer found that the adVer-
tisement which the German Embassy
caused to be printed in New York news
papers on May /, the day the Lusltanla
sailed, was not sufficient cause Tor
In this advertisement travellers were
warned that Germany had proclaimed
a war zone to exist in the waters around
the British Isles and that persons sail
ing on British liners did so at their
own risk. In relation to- this. Judge
Mayer said:
at is perfectly plain that the master
was fully justified in sailing on the APP
pointed day from neutral port with
many neutral and non-combatant pas
seneers unless ne and his company we're
willing to yield to the attempt or the
German Government to terrify BRUSH
shipping. No one familiar with British
character would expect that such
threat would accomplish more than 10
emphasize the necessity of taking every
precaution to protect life and property
which the exercise OF judgment would
invite"
Question OF Negligence.
II was the contention of the plaintiffs
In the suits to recover damages that
necessary precautions were not taken 10
defeat the efforts of the submarines
Judge Mayer found that the one de-
batable question of fact in relation to
the assertions Of negligence was whether
Capt. Turner directed the vessel wisely
after she had entered the submarine
zone OF operations.
on May the Lusitania received the
following instructions by wireless from
the British Admiralty: Take Liver
pool pilot at bar and avoid head
lands. Pass harbors at full speed
Steer midchannel course. Submarines
of Fastnet."
A subsequent message Informed Capt
Turner that submarines had been sighted
south Of the Coningbeg light vessel.
In generating Capt. Turner. though
he did not literally obey the instruc-
tions of the Admiralty, Judge Mayer
| said:
What was required OF him Capt
Turner) was that he should seriously
consider and 30 Ear as practicable fol-
low the Admiralty advices and use his
best judgment as events and exigencies
occurred: and II a situation arose where
! he believed that course should bt
pursued to meet emergencies which re-
quired departure from some of the Ad
miralty advices as to general rules OF
action. then 1t was his duty to take sucf
course. II In accordance with his care
| fully formed, deliberate judgment. After
a disaster has occurred 1t is not difficult
: for the expert TO show how 1t might
! have been avoided"
, Capt. Turner adhered TO the instruc
/ tons OF the Admiralty to avoid head
lands in passing Fastnet. the first poln
on the Irish coast to which a vesse
bound for Liverpool from New Yorl
would ordinarily approach closely. Late
he received the message about subma
rines in the vicinity OF the CIlingbel
Light vessel. Then he directed the shi,
inshore. At Galley Head the course wa
again changed to haul still more closel,
10 the shore. Capt. Turner ordered {
four point bearing taken During thi!
procedure the vessel was torpedoed.
1T is urged that he should have taker
two point bearing" said Judge Mayer
"or cross bearing which would hav,
occupied less time. but II under all tn,
conditions which appealed to his judg
ment as a mariner he had taken a DIFF.
ferent method of ascertaining his exac
distance and the result would have beer
Inaccurate, or. while engaged in takinG
a two point bearing the ship had beer
torpedoed then somebody would hay,
said he should have taken a four poin
bearing, The point of the matter is tina
an experienced captain took the bearing
he thought proper for his purposes"
In concluding his summary OF the is