Enemy obligations in care of merchant ships.
Let us now see what that responsibility was and how it was dealt with. The rules of naval warfare allowed the capture and, in some circumstances, the destruction of an enemy merchant ship, but, at the same time, it was the accepted doctrine of all civilized nations (as will be more fully considered infra) that, as Lord Mersey put it, "there is always an obligation first to secure the safety of the lives of those on board."
The responsibility, therefore, of Captain Turner, in his task of bringing the ship safely to port, was to give heed not only to general advices advanced as the outcome of experience in the then developing knowledge as to submarine warfare, but particularly to any special information which might come to him in the course of the voyage.
Advices of the Admiralty.
Realizing that if there was a due warning, in accordance with international law, and an opportunity, within a limited time, for the passengers to leave the ship, nevertheless that the operation must be quickly done, Captain Turner, on May 6, had taken the full precautions, such as swinging out the boats, properly provisioned, which have been heretofore described. The principal features of the Admiralty advices were (1) to give the headlands a wide berth; (2) to steer a midchannel course; (3) to maintain as high a speed as practicable; (4) to zigzag, and (5) to make ports, if possible, at dawn, thus running the last part of the voyage at night.
Fastnet given a wide berth.
The reason for the advice as to keeping off headlands was that the submarines lurked near those prominent headlands and landfalls to and from which ships were likely to go. This instruction Captain Turner entirely followed in respect of Fastnet, which was the first point on the Irish coast which a vessel bound from New York to Liverpool would ordinarily approach closely, and, in normal times, the passing would be very near, or even inside of Fastnet. The Lusitania passed Fastnet so far out that Captain Turner could not see it. Whether the distance was about twenty-five miles, as the Cunard Steamship Co. contends, or about eighteen and one-half miles, as the claimants calculate, the result is that either distance must be regarded as a wide berth, in comparison with the customary navigation at that point, and, besides, nothing happened there. At 8:30 P. M. on May 6 the message had been received from the British Admiralty that submarines were off Fastnet, so that Captain Turner, in this regard, not only followed the general advices, but the specific information from the Admiralty.
At 11:25 A. M. on May 7 Captain Turner received the wireless from the Admiralty plainly intended for the Lusitania, informing him that submarines (plural) were active in the southern part of the Irish Channel and when last heard of were twenty miles south of Coningbeg Light Vessel. This wireless message presented acutely to the Captain the problem as to the best course to pursue, always bearing in mind his determination and the desirability of getting to the Liverpool Bar when it could be crossed while the tide served and without a pilot. Further, as was stated by Sir Alfred Booth, "The one definite instruction we did give him with regard to that was to authorize him to come up without a pilot." The reasons for this instruction were cogent and were concisely summed up by Sir Alfred Booth during his examination as a witness as follows:
The Mersey sandbar.
"It was one of the points that we felt it necessary to make the Captain of the Lusitania understand the importance of. The Lusitania can only cross the Liverpool Bar at certain states of the tide, and we therefore warned the Captain, or whoever might be Captain, that we did not think it would be safe for him to arrive off the bar at such a time that he would have to wait there, because that area had been infested with submarines, and we thought therefore it would be wiser for him to arrange his arrival in such a way, leaving him an absolutely free hand as to how he would do it, that he could come straight up without stopping at all. The one definite instruction we did give him with regard to that was to authorize him to come up without a pilot."