Secondly, we were thinking of an area in the immediate vicinity of the permanent positions, enemy defenses off the harbors on the British coast. The London Agreement has nothing to do with fighting ships under escort. Those are two entirely different things; and that order applied to this area and the combating of ships under escort. I explained that in detail yesterday.
SIR DAVID MAXWELL-FYFE: But if you say that that only applied when it was a question of attacking ships in convoy, would you look at Page 26 of the English document book and at Page 57 of the German document book? There you will find the account of the sinking of the Sheaf Mead on 27 May 1940. And if you will look at the U-boat’s log, opposite the time group 1648 hours—which is on Page 27 of the English and Page 57 of the German (Exhibit Number GB-192)—this is what the log says:
“A large heap of wreckage floats up. We approach it to identify the name. The crew have saved themselves on wreckage and capsized boats. We fish out a buoy; no name on it. I ask a man on the raft. He says, hardly turning his head ‘Nixname.’ A young boy in the water calls, ‘Help, help, please.’ The others are very composed; they look damp and somewhat tired and have a look of cold hatred on their faces. Then on to the old course.”
If you turn to Page 57 of the German document book, or Page 28 of the English, you will find the last sentence from the survivors’ report describes the submarine as doing this:
“They cruised around for half an hour, taking photographs of us in the water. Otherwise they just watched us but said nothing. Then she submerged and went off without offering us any assistance whatever.”
There you see the point, Defendant, that your own commander says that there was a young boy in the water calling, “Help, help, please,” and your submarine takes a few photographs, submerges, and then goes off.
THE PRESIDENT: Sir David, ought you not to refer to the passage just after the name of the vessel, under 1648, “It is not clear....”?
SIR DAVID MAXWELL-FYFE: “It is not clear whether she was sailing as a normal merchant ship. The following seemed to point to the contrary.”
And then, My Lord, it gives a number of matters.
Of course, My Lord, I am on the point of survivors at the moment. I am not taking this instance as a matter of wrongful sinking; I am taking it as an instance of carrying out this order.