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CASE <strong>OF</strong> THE PETROLITE. 191<br />

to the fact that at the warning shot from the U-boat the<br />

captain did not stop, and moreover by false maneuvering<br />

provoked the suspicion of hostile intentions.<br />

As far as the demand for provisions is concerned, a<br />

requisition contrary to international law does not come<br />

into question, because, as is apparent from the statement<br />

of the case, the delivery of provisions was simply requested,<br />

at which time it was expressly stated that it<br />

was beyond the intention of the commandant to exercise<br />

any compulsion. Moreover, it appears certain that the<br />

captain delivered the provisions most readily.<br />

It can also not be said that the sailor was detained on<br />

board the U-boat either against his own or the captain's<br />

will, all the less so since the willingness of the captain to<br />

supply the U-boat with provisions gave no occasion for<br />

such action.<br />

In view, of the usages and principles prevailing at sea,<br />

the commandant of the U-boat appears to be entirely<br />

justified in having refused to- answer the inquiry of the<br />

captain relative to the number of the boat and the name<br />

of the commander.<br />

Finally, as far as the details supplied in the last passage<br />

of the report of the Imperial and Royal naval authorities<br />

are concerned, it is plainly shown that the captain<br />

felt himself in no way wronged or otherwise inconvenienced<br />

by the action of the U-boat.<br />

The undersigned now has the honor most respectfully<br />

to refer the foregoing to His Excellency the Ambassador<br />

of the United States of America for communication to the<br />

Federal Government, and avails himself of this opportunity<br />

to renew to the Ambassador the expression of his<br />

highest consideration.<br />

BmtiAN.<br />

File No. 300.115P44/17.<br />

The Secretary of State to Ambassador Penfield.<br />

[Telegram.]<br />

<strong>DEPARTMENT</strong> <strong>OF</strong> <strong>STATE</strong>,<br />

Washington, June 21, 1916.<br />

Evidence obtained from the captain and members of<br />

crew of the steamer Petrolite, and from examination<br />

made of the vessel under direction of the Navy Department,<br />

convinces this Government that the Austro-Hungarian<br />

Government has obtained an incorrect report of<br />

the attack on the steamer. With particular reference to<br />

the explanation made by the Foreign Office, the following<br />

information, briefly stated, has been obtained from<br />

sworn statements of the captain and members of crew:<br />

No shot was fired across the bow of the steamer as<br />

a signal to stop. When the first shot was fired the captain<br />

was under the impression that an explosion had taken<br />

place in the engine room. Not until the second shot was<br />

fired did the captain and crew sight the submarine, which<br />

was astern of the steamer and therefore they positively<br />

assert that neither the first nor the second shot was fired<br />

across the bow of the vessel.<br />

The steamer did not swing around in a course directed<br />

toward the submarine as alleged in the report obtained by<br />

the Austro-Hungarian Government, but the captain at<br />

once stopped the engines and swung the vessel broadside<br />

to the submarine and at right angles to the course of the

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