DEPARTMENT OF STATE.

198 CASE Off THE PETBOLITE.
the remark that, being a seaman, he would gladly assist
every other seaman. The captain let the submarine boat
have a ham, 50 eggs, and about 20 pounds of mutton.
After the incident the boat remained at sea for some
considerable time, which would have been impossible had
it been dependent upon the provisions supplied by the
Petrolite. There can be no question of compulsion, nor
was any compulsion exercised in the case of the Danish
sailor. When the captain and his men were about to
leave the submarine boat to get the provisions, the commander
asked him whether the member of his boat's crew
who could speak German could remain on board the submarine
for the time being, as it was intended to put a few
questions to him concerning traffic in this region and sailing
routes. The captain without further ado stated that
he was willing to leave the sailor on board, and he himself
returned in his boat to the steamer. Shortly thereafter
the same rowboat, manned by two sailors and
without the captain, came alongside of the submarine
boat and one of the sailors delivered a small basket of
provisions to the commander. The commander again
had his thanks therefor transmitted, and handed the
Dane, who now reentered the boat, as a kind of return
present a bottle of champagne and a box of cigars for
the captain. The captain would surely have refused
this present had the steamer and his crew been illegally
or inconsiderately treated by the submarine boat. He
had, moreover, taken leave of the commander in the
most friendly manner by shaking hands and lifting his
hat.
At the end of the inquiry the commander of the submarine
boat emphasized that it was as a matter of course
far from his thoughts to offend a neutral flag. It was inconceivable
to him that such a thing should be attributed
to a naval officer. Moreover, no offense can be seen in
the application of prize law. The firing upon the steamer
under a neutral flag which does not stop, or does not
comply with an order to stop in a regular manner, is
founded on international law—to say nothing of the
fact that the commander of the submarine boat was of
the belief that the American flag had been fraudulently
hoisted. The commander rejected, as devoid of any
foundation, the assertion that he had submitted an incorrect
report. He stated that he would leave the decision
of the question whether he was guilty of a lack of
judgment and self-control or indeed of any evil intention
with entire composure to his superiors, who alone were
competent to criticize his conduct.
After the commander had given his testimony, the
second officer and the chief quartermaster of the submarine
boat, who had been similarly informed of the
matter under investigation, were heard under oath. They
confirmed the testimony of the commander in all particulars.
An examination of the other members of the
crew was abstained from, because they had no knowledge
of the incident from their own observation.