The circumstances of the torpedoing of the _Sussex_ provoked a final clash between the United States and Germany. This vessel plied as a Channel ferryboat between Folkestone and Dieppe. On March 24, 1916, at 4.30 p. m., while near the latter port, with 436 persons on board, including seventy-five Americans, she was struck by a torpedo from a submarine. The captain observed a torpedo about 100 meters from the side and immediately maneuvered to avoid it; but the vessel was struck in the forward part, which was destroyed. Rescuing craft towed the disabled boat to Boulogne, where a majority of the passengers were landed. About fifty persons lost their lives, and three Americans were hurt. The State Department at once instructed the American ambassador at Berlin to inquire whether the torpedo which almost sunk the _Sussex_ came from a German submarine, though the Government entertained little doubt that this was the case. The American suspicions were later confirmed by incontestable evidence; but the Government first sought to give Germany the opportunity of having her day in court before acting. Unofficially came reports from Berlin scouting as impossible the assumption that a German submarine was the culprit, the assurance being repeated that Germany in no circumstance would violate her pledge to the United States not to destroy enemy vessels except after full warning to enable crews and passengers to save their lives. No official statement was forthcoming. The German admiralty declined to "deny or explain" until all the submarines operating off the French coast had returned and reported. The American procedure in the _Sussex_ case differed from that followed in previous issues with Germany arising from submarine warfare. There were no official representations made to Berlin; Ambassador Gerard was merely asked to ascertain informally and transmit to Washington any pertinent facts he could gather bearing on Germany's culpability. The submarine issue, in fact, had reached a stage where explanations and excuses were of minor importance. Evidence showing whether Germany had or had not broken her pledge not to torpedo passenger vessels without warning was alone of interest to the President. Proof of Germany's guilt foreshadowed an unqualified threat by the United States to break off diplomatic relations. The United States determined to be the judge with Germany in the dock as a defendant, instead of arguing an issue with Berlin, as in the past. This attitude placed Germany in the position of having to prove her innocence in the face of damaging evidence of her guilt. No discussion was even invited with the German ambassador over the case, and Count von Bernstorff apparently did not want to make his usual extenuatory or defensive pleas.