Much emphasis has been placed upon the fact that the speed of the ship
was eighteen knots at the time of the attack instead of twenty-four, or,
in any event, twenty-one knots, and upon the further fact (for such it
is) that the ship was not zigzagging as frequently as the Admiralty
advised or in the sense of that advice.
Upon this branch of the case much testimony was taken, (some in camera,
as in the Wreck Commissioners' Court,) and, for reasons of public
interest, the methods of successfully evading submarines will not be
discussed. If it be assumed that the Admiralty advices as of May, 1915,
were sound and should have been followed, then the answer to the charge
of negligence is twofold: (1) that Captain Turner, in taking a
four-point bearing off the Old Head of Kinsale, was conscientiously
exercising his judgment for the welfare of the ship, and (2) that it is
impossible to determine whether, by zigzagging off the Old Head of
Kinsale or elsewhere, the _Lusitania_ would have escaped the German
submarine or submarines.
As to the first answer I cannot better express my conclusion than in the
language of Lord Mersey:
[Sidenote: Lord Mersey's opinion.]
"Captain Turner was fully advised as to the means which in the view of
the Admiralty were best calculated to avert the perils he was likely to
encounter, and in considering the question whether he is to blame for
the catastrophe in which his voyage ended I have to bear this
circumstance in mind. It is certain that in some respects Captain Turner
did not follow the advice given to him. It may be (though I seriously
doubt it) that had he done so his ship would have reached Liverpool in
safety. But the question remains: Was his conduct the conduct of a
negligent or of an incompetent man? On this question I have sought the
guidance of my assessors, who have rendered me invaluable assistance,
and the conclusion at which I have arrived is that blame ought not to be
imputed to the Captain. The advice given to him, although meant for his
most serious and careful consideration, was not intended to deprive him
of the right to exercise his skilled judgment in the difficult questions
that might arise from time to time in the navigation of his ship. His
omission to follow the advice in all respects cannot fairly be
attributed either to negligence or incompetence.
[Sidenote: Skilled and experienced judgment.]
"He exercised his judgment for the best. It was the judgment of a
skilled and experienced man, and although others might have acted
differently, and, perhaps, more successfully, he ought not, in my
opinion, to be blamed."
[Sidenote: More than one submarine in wait.]
Public-domain text, read in full here on John Shaqi.
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