The primary responsibility for this must necessarily be placed on the member of the crew who was in charge of the boat—Symons, no conduct of anyone else in the boat, however reprehensible, relieving that man from such responsibility.

Here was a boat only a short distance from the ship, so near that the cries of those struggling in the water could be heard. Symons had been told to stand by the ship, and that imposed upon him a specific duty. It was shown in Hendrickson’s evidence that there was to the fullest knowledge of those in the boat a large number of people in the water, and that someone suggested that they should return and try to rescue them. Then it was proved that one of the ladies, who was shown to be Lady Duff Gordon, had said that the boat might be swamped if they went back, and Sir Cosmo Duff Gordon had admitted that this also represented his mental attitude at the time. He (Mr. Edwards) was going to say, and to say quite fearlessly, that a state of mind which could, while within the hearing of the screams of drowning people, think of so material a matter as the giving of money to replace kits was a state of mind which must have contemplated the fact that there was a possibility of rescuing some of these people, and the danger which might arise if this were attempted.

He was not going to say that there was a blunt, crude bargain, or a deal done with these men: “If you will not go back I will give you five pounds”; but he was going to suggest as a right and true inference that the money was mentioned at that time under these circumstances to give such a sense of ascendancy or supremacy to Sir Cosmo Duff Gordon in the boat that the view to which he gave expression that they should not go back would weigh more with the men than if he had given it as a piece of good advice. There were twenty-eight places on that boat and no one on board had a right to save his own life by avoiding any possible risk involved in filling the vacant places. To say the least of it, it was most reprehensible that there should have been any offer of money calculated to influence the minds of the men or to seduce them from their duty.

From the address of the Attorney-General, Sir Rufus Isaacs, K. C., M. P. (Br. Inq.):

In regard to boat No. 1, I have to make some comment. This was the Emergency boat on the starboard side, which figured somewhat prominently in the inquiry on account of the evidence which was given in the first instance by Hendrickson, and which led to the calling of Sir Cosmo Duff Gordon. Any comment I have to make in regard to that boat is, I wish to say, not directed to Sir Cosmo or his wife. For my part, I would find it impossible to make any harsh or severe comment on the conduct of any woman who, in circumstances such as these, found herself on the water in a small boat on a dark night, and was afraid to go back because she thought there was a danger of being swamped. At any rate, I will make no comment about that, and the only reason I am directing attention to No. 1 boat is that it is quite plain that it was lowered with twelve persons in it instead of forty. I am unable to say why it was that that boat was so lowered with only five passengers and seven of the crew on board, but that circumstance, I contend, shows the importance of boat drill.

As far as he knew from the evidence, no order was given as to the lowering of this boat. He regretted to say that he was quite unable to offer any explanation of it, but he could not see why the boat was lowered under the circumstances. The point of this part of the inquiry was two-fold—(1) the importance of a boat drill; (2) that you should have the men ready.

No doubt if there had been proper organization there would have been a greater possibility of saving more passengers. What struck one was that no one seemed to have known what his duty was or how many persons were to be placed in the boat before it was lowered. In all cases no boat had its complement of what could be carried on this particular night. The vessel was on her first passage, and if all her crew had been engaged on the next voyage no doubt things would have been better, but there was no satisfactory organization with regard to calling passengers and getting them on deck. Had these boats had their full complement it would have been another matter, but the worst of them was this boat No. 1, because the man, Symons, in charge did not exercise his duty. No doubt he was told to stand by, but he went quite a distance away. His evidence was unsatisfactory, and gave no proper account why he did not return. He only said that he “exercised his discretion,” and that he was “master of the situation.” There was, however, no explanation why he went away and why he did not go back except that he would be swamped. That was no explanation. I can see no justification for his not going back. From the evidence, there were no people on the starboard deck at the time. They must have been mistaken in making that statement, because, as they knew, four more boats were subsequently lowered with a number of women and children. The capacity of this boat was forty. No other boat went away with so small a proportion as compared with its capacity, and there was no other boat which went away with a larger number of the crew. I confess it is a thing which I do not understand why that boat was lowered when she was. Speaking generally, the only boats that took their full quantity were four. One had to see what explanation could be given of that. In this particular case it happened that the officers were afraid the boats would buckle. Then they said that no more women were available, and, thirdly, it was contemplated to go back. It struck one as very regrettable that the officers should have doubts in their minds on these points with regard to the capacity of the boats.

BOAT NO. 9.[31]

[31] The fifth boat lowered on starboard side, 1.20 (Br. Rpt., p. 38).

No disorder when this boat was loaded and lowered.