atastrophe 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.]
As to the second answer, it is only necessary to outline the situation
in order to realize how speculative is the assertion of fault. It is
plain from the radio messages of the Admiralty, (May 6, 7:50 P. M.,
"Submarines active off south coast of Ireland"; May 6, 8:30 P. M.,
"Submarines off Fastnet"; the 11:25 message of May 7, supra; May 7,
11:40 A. M., "Submarines five miles south of Cape Clear, proceeding west
when sighted at 10 A. M.,") that more than one submarine was lying in
wait for the _Lusitania_.
[Sidenote: Submarines bold with unarmed vessels.]
A scientific education is not necessary to appreciate that it is much
more difficult for a submarine successfully to hit a naval vessel than
an unarmed merchant ship. The destination of a naval vessel is usually
not known, that of the _Lusitania_ was. A submarine commander, when
attacking an armed vessel, knows that he, as the attacker, may and
likely will also be attacked by his armed opponent. The _Lusitania_ was
as helpless in that regard as a peaceful citizen suddenly set upon by
murderous assailants. There are other advantages of the naval vessel
over the merchant ship which need not be referred to.
[Sidenote:
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