The New York herald., 1921-06-04

special Cubte 10 lHE NEW fOkk HERALD.
Copyright, 1921, by THE New YORK HERALD.
New York Herald Bureau.
Berlin, June g.
Germany Navy for sinking the British
hospital ship Dover Castle when many
lives were lost. the first really sig
nificant case to be tried in the Leipsic
court under the provisions of the
Versailles Treaty, should not be re-
garded as a test case for the impair
tiality of the German Supreme Court,
according to Admiral Scheer, who
commanded the German High Seas
Fleet and fought the British in the
battle of Jutland. Admiral Scheer
holds Lieut.. Neumann must be ac-
Quilted in the trial, which begins to-
morrow.
IT am no jurist," he said, but ac-
cording to my information the U-boat
commander attacked the Dover Castle
in a part of the Mediterranean which
this Government ordered should not be
travelled by ships designated for hos
anything more than carry out the
command of his superior and must be
set free"
Orders Protect subOrdinates.
Admiral Scheer cited Rene Brunei.
professor of law at the University of
Caen, as agreeing that subordinates. are
protected If they dealt in accordance
with orders from above.
THE justification Germany had for
issuing this stringent order" Admiral
Scheer continued, "is contained in the
memoranda of the German Government
Of January % and March 81, 1917, re-
arding the abuse of hospital ship priv
ileges by the Entente. Numerous wit
nesses therein are quoted as testifying
that the British were using hospital
ships for the transport of munitions and
troops And 1t is charged that con-
trary to the agreement reached at the
frst Hague peace conference they were
changing hospital ships back into trade
ships and vice versa.
For this reason the German Govern
ment prescribed routes for enemy hos
pital ships in compliance with the terms
OF the convention adopted at the sec
ond Hague conference. And we served
notice that In other parts. particularly
in the English Channel and the Medi-
terranean, we would regard such ships
as war vessels and would attack them.
German "Consfderation.''
"rhe German Government delayed
taking this step a long while out OF con-
alteration for the wounded and Ill. This
was rendered all the more difficult by
the fate OF our own hospital ship
Ophelia shortly after the war began in
October. 1914 which. while saving the
survivors of torpedo boats which had
been sunk, was captured and condemned
by a prize court without German repre-
sentation even being heard.
But German patience finally became
exhausted as this testimony OF volun-
tary and Trustworthy witnesses piled up
and left no doubt that the sacredness
Of hospital ships was not being re-
suected. The Government could not
bear the responsibility toward its own
men in the field of ignoring this evil
dence. Hence It made use OF its privi-
leges under the Hague convention.
The time surely had come to disre-
gard the tenth convention altogether.
especially as 1t was Intended only Ter
the protection OF the i'll and wounded
from naval battles. but the Germans had
not claimed this right OF protecting
themselves from heavy damages and
actually made sacrifice of tEer own
interests In behalf OF humanity when
they limited themselves to prescribing
routes for hospital ships
But Lieut. Neumarn would have
acted within his rights had he sunk the
Dover Castle as n war vessel despite its
hospital cross. and even without orders
from his Government This vessel. sc-
companied by two English destroyers.
formed part of a military escort which
since all time has been recognized as
subject to attacks. He who uses arms
must expect to be sssailed with arms"