Mr. Grab, one of the claimants and an experienced transatlantic traveler, concisely summed up the situation when he said:

"They were doing the best they could—they were very brave and working as hard as they could without any fear. They didn't care about themselves. It was very admirably done. While there was great confusion, they did the best they could."

Captain Turner's comment on the crew.

It will unduly prolong a necessarily extended opinion to sift the voluminous testimony relating to this subject of the boats and the conduct of the crew and something is sought to be made of comments of Captain Turner, construed by some to be unfavorable but afterward satisfactorily supplemented and explained, but if there were some instances of incompetency they were very few and the charge of negligence in this regard cannot be successfully maintained.

In arriving at this conclusion, I have not overlooked the argument earnestly pressed that the men were not sufficiently instructed and drilled; for I think the testimony establishes the contrary in the light of conditions in May, 1915.

I now come to what seems to be the only debatable question of fact in the case, i. e., whether Captain Turner was negligent in not literally following the Admiralty advices and, also, in not taking a course different from that which he adopted.

The Captain's judgment free.

The fundamental principle in navigating a merchantman, whether in times of peace or of war, is that the commanding officer must be left free to exercise his own judgment. Safe navigation denies the proposition that the judgment and sound discretion of the Captain of a vessel must be confined in a mental straitjacket. Of course, when movements are under military control, orders must be strictly obeyed, come what may. No such situation, however, was presented either to the Cunard Steamship Co. or Captain Turner. The vessel was not engaged in military service nor under naval convoy. True, she was, as between the German and British Governments, an enemy ship as to Germany, but she was unarmed and a carrier of not merely noncombatants, but, among others, of many citizens of the United States, then a neutral country, at peace with all the world.

Admiralty advices considered.

In such circumstances the Captain could not shield himself automatically against error behind a literal compliance with the general advices or instructions of the Admiralty, nor can it be supposed that the Admiralty, any more than the Cunard Steamship Co., expected him so to do. What was required of him was that he should seriously consider and, as far as practicable, follow the Admiralty advices and use his best judgment as events and exigencies occurred; and if a situation arose where he believed that a course should be pursued to meet emergencies which required departure from some of the Admiralty advices as to general rules of action, then it was his duty to take such course, if in accordance with his carefully formed deliberate judgment. After a disaster has occurred, it is not difficult for the expert to show how it might have been avoided, and there is always opportunity for academic discussion as to what ought or ought not to have been done; but the true approach is to endeavor, for the moment, to possess the mind of him upon whom rested the responsibility.