Lusitania Trial

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she was therefore entitled to full warning and evacuation before attack.  Based on German warnings, the prosecution even suggests the possibility of a premeditated attack.</div> <bR> <div> <B>The defense (Germany)</b> claims that they were justified in their attack on the Lusitania, a ship they claim carried an illegal military cargo.  In addition, they claim that their knowledge of secret Admiralty orders which directed British merchant ships to resist and ram u-boats made it highly risky for a u-boat to surface an give warning.  They also claim that their clear warnings in newspapers and declaration of war zones should have alerted all ships to the presence of unrestricted submarine warfare.  Finally, the defense points to Great Britain's own violation of traditional and international law, particularly with regard to broad blockades and orders to attack German u-boats.  Germany claims that the illegal British blockade affected millions of Germans, more than the victims of the Lusitania disaster (in return, Britain claims that no one gets killed in their kind of blockade).  Finally, the Germans suggest that the British may have even sent the Lusitania, traveling at slow speed and without informing its captain of the earlier sinking of the <I>Centurion</I> and the <I>Candidate</I>, knowing it would be destroyed, as an excuse to gain American support in its war against Germany.  In sum, the Germans claim that the Lusitania was a legitimate target and that they did not violate traditional or international law in destroying it.</div> <bR> <div> <B><U> <A NAME="background"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></U></b><B><U>B</U></b><A HREF="id120.htm" TARGET="_top" TITLE="Lusitania Trial"><U><B><U>ackground</U></b></U></A></div> <div> By the end of the nineteenth century, Germany had replaced France as Britain's main economic rival. This rivalry resulted in a competition where each country tried to keep itself superior to the other by building better and faster means of transporting goods and services, so other countries would choose their country's services over the other's. This was especially evident in the manufacturing of warships and weapons (called an arms race) for use against a possible future enemy. This rivalry [in part] eventually lead to World War I. </div> <div> Since the 19<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> century, an award called the "Blue Riband", was awarded to the ship that could cross the Atlantic ocean in the least amount of time. Britain's largest shipping line, Cunard, repeatedly got this award, but in 1897, Britain's supremacy was challenged by the German liner <I>Kaiser Wilhelm der Grosse</I>, which captured the award from Britain, crossing the ocean at an average speed of 21.39 knots (1 knot = 1.85 kilometers per hour). The threat worsened when another German ship, the <I>Kaiser Wilhelm II</I> captured the Blue Riband with an average speed of 22.6 knots. </div> <div> Meanwhile, American millionaire J. Pierpont Morgan was forming an international trust of shipping companies, called the International Merchantile Marine. He bought up many shipping companies, including Cunard's rival, White Star Line. Great Britain had to act before Cunard would be swallowed up and its hope at building the fastest ship become extinguished. These two motives, the German threat and the American threat, lead to the construction of the RMS Lusitania and the RMS Mauretania.        <FONT SIZE="2" COLOR="#0000FF" FACE="Arial" ><A HREF="http://members.rogers.com/vincebjs/Lusitania/intro.html" TARGET="_top" TITLE="http://members.rogers.com/vincebjs/Lusit"><U><U>http://members.rogers.com/vincebjs/Lusitania/intro.html</U></U></A></FONT></div> <bR> <div> <A HREF="id120.htm" TARGET="_top" TITLE="Lusitania Trial"><U><B><U>The Event</U></b></U></A><B><U>s</U></b><B><U> <A NAME="events"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></U></b></div> <div>      On April 30<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> 1915, the Lusitania was at New York, being loaded with meat, medical supplies, copper, cheese, oil and machinery, but she was also secretly being loaded with munitions for Britain for the war. That same day, Kapitänleutnant Walther Schwieger was ordered to take his U-boat-20 German submarine to the northern tip of Great Britain, then back down south on the Atlantic side and then east to the Irish Channel to destroy ships going to and from Liverpool, England. Then he was to go around Ireland and head back to Germany. Schwieger was known to frequently attack ships without warning them, and fired at any neutral ships he suspected may be British. In an earlier voyage, he narrowly missed hitting a hospital ship with a torpedo. His reputation made it more likely for him to destroy a British passenger liner, such as the Lusitania.   Before the voyage, it was decided that only 19 of the 25 boilers would be utilised for the voyage because of the enormous consumption of coal, so boiler room 4 was shut down. This limited the Lusitania's speed to 21 knots, still much faster than a U-boat submarine's top speed of 13 knots. On May 1<FONT SIZE="1" COLOR="#000000" FACE="Arial" >st</FONT>, 1915, the Lusitania embarked on its 202<FONT SIZE="1" COLOR="#000000" FACE="Arial" >nd</FONT> crossing of the Atlantic with 1257 passengers, plus a crew of 702. It was under the command of Captain William Turner. </div> <div>       At about 1:39pm, lookout Leslie Morton, of only 18 years of age, saw a burst of bubbles about 500 meters away. Then a trail of bubbles began to approach from the starboard (right) side of the ship at about 22 knots. Morton grabbed his megaphone and shouted to the bridge: "Torpedoes coming on the starboard side." The officers there did not hear him. About 30 seconds later, Thomas Quinn, a lookout high above in the crows nest, saw the torpedo's wake and sounded the alarm. Captain Turner ran to the navigating bridge, and as he reached it the torpedo detonated. There was a large explosion similar to a crack of thunder at the side of the ship just ahead of the 2nd funnel. Then there was a second, larger, muffled explosion that seemed to come from the bottom of the ship. The ship tilted to the right side at an angle of 25°. The power suddenly failed, but Captain Turner still attempted to steer the Lusitania toward land in an attempt to beach her. The rudder and engines did not respond (obviously). Also, the watertight doors in the ship could not be closed unless there was power. The wireless room had to run on battery power to tap out its S.O.Ss. </div> <div>      As a result of the list (tilt) of the ship, the lifeboats on the port (left) side could not be launched. The starboard-side boats were swung out so far as a result of the list that many passengers had to jump from the deck to the lifeboats, risking falling into the water many storeys below. Many crew members panicked and a few lifeboats were launched that contained only crew members. Other lifeboats capsized, and one or two were damaged when the torpedo hit the ship. Although the Lusitania had adequate lifeboats for all on board, most lifeboats simply could not be launched. The Lusitania sank below the waves shortly before 2:00pm. It sank in 90 meters of water, and since the Lusitania was 239 meters long, the bow (front of the ship) hit the bottom of the ocean while the stern was still up in the air.  One thousand one hundred ninety-eight people perished, this death toll was rivaled only by the <I>Titanic</I> disaster.  The U-20 continued its journey back to Germany. It tried unsuccessfully to sink two ships. Schwieger again changed his course to avoid an area where he suspected British patrols would be, especially after his notorious sinking. He arrived at Wilhelmshaven, Germany on May 13<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT>. </div> <div> <A HREF="http://members.rogers.com/vincebjs/Lusitania/deadlyen.html" TARGET="_top" TITLE="http://members.rogers.com/vincebjs/Lusit"><U><U>http://members.rogers.com/vincebjs/Lusitania/deadlyen.html</U></U></A></div> <div> <A HREF="http://members.rogers.com/vincebjs/Lusitania/fvoyage.html" TARGET="_top" TITLE="http://members.rogers.com/vincebjs/Lusit"><U><U>http://members.rogers.com/vincebjs/Lusitania/fvoyage.html</U></U></A></div> <bR> <div> One year later Captain Turner lost another ship by torpedo, the <I><B>Invernia</b></I>. He also escaped with his life but fifty soldiers and sailors died. Captain Schwieger went on destroying shipping and sunk a total of 190,000 tons of shipping. In September 1917, returning from defeat his submarine struck a mine field off the Danish coast and he perished along with his crew.  In April 1917, America declared war on Germany. A few weeks prior, German subs had destroyed three American cargo ships and with the thoughts of the <I><B>Lusitania</b></I> still firmly implanted in their minds, these latest attacks were the straw that broke the camel's back.</div> <div> <A HREF="http://www.titanic.cc/lusitan.htm" TARGET="_top" TITLE="http://www.titanic.cc/lusitan.htm"><U><U>http://www.titanic.cc/lusitan.htm</U></U></A></div> <bR> <div> <B><U> <A NAME="witnesses"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></U></b><B><U>Witnesses:</U></b></div> <div> <B>Prosecution</b></div> <div> Captain William Turner, captain of Lusitania.</div> <div> Bob "Ing" D'Bris, passenger on Lusitania and survivor of incident.</div> <div> Dr. Hague, an expert on international law.</div> <bR> <div> <B>Defense</b></div> <div> Kapitanleutenant Walter Schwieger, commander of U-boat (U-20).</div> <div> Fisch Unterwasser, German submarine officer.</div> <div> Hans Undknees, Admiral in German navy.</div> <bR> <div> <B><U> <A NAME="sources"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></U></b><A HREF="id120.htm" TARGET="_top" TITLE="Lusitania Trial"><U><B><U>Sources</U></b></U></A></div> <div> <B>  (Note - facts must be taken only from the documents provided in this packet, or from the video "Military Blunders"; however, you may wish to consult the following sources for information or strategies)</b></div> <div> PBS Online, Lost Liners  <FONT SIZE="2" COLOR="#0000FF" FACE="Arial" ><A HREF="http://www.pbs.org/lostliners/lusitania.html" TARGET="_top" TITLE="http://www.pbs.org/lostliners/lusitania."><U><U>http://www.pbs.org/lostliners/lusitania.html</U></U></A></FONT></div> <div> PBS teacher source  <FONT SIZE="2" COLOR="#0000FF" FACE="Arial" ><A HREF="http://www.pbs.org/lostliners/t_blame.html" TARGET="_top" TITLE="http://www.pbs.org/lostliners/t_blame.ht"><U><U>http://www.pbs.org/lostliners/t_blame.html</U></U></A></FONT></div> <div> RMS Lusitania  <FONT SIZE="2" COLOR="#0000FF" FACE="Arial" ><A HREF="http://members.rogers.com/vincebjs/Lusitania/intro.html" TARGET="_top" TITLE="http://members.rogers.com/vincebjs/Lusit"><U><U>http://members.rogers.com/vincebjs/Lusitania/intro.html</U></U></A></FONT></div> <div> RMS Lusitania  <FONT SIZE="2" COLOR="#0000FF" FACE="Arial" ><A HREF="http://www.titanic.cc/lusitan.htm" TARGET="_top" TITLE="http://www.titanic.cc/lusitan.htm"><U><U>http://www.titanic.cc/lusitan.htm</U></U></A></FONT></div> <div> USA Chronology, Sinking of the Lusitania   </div> <div> <A HREF="http://campus.northpark.edu/history/WebChron/USA/Lusitania.html" TARGET="_top" TITLE="http://campus.northpark.edu/history/WebC"><U><U>http://campus.northpark.edu/history/WebChron/USA/Lusitania.html</U></U></A></div> <div> Lusitania Controversy  <FONT SIZE="2" COLOR="#0000FF" FACE="Arial" ><A HREF="http://www.ukans.edu/~kansite/ww_one/naval/lusika01.htm" TARGET="_top" TITLE="http://www.ukans.edu/~kansite/ww_one/nav"><U><U>http://www.ukans.edu/~kansite/ww_one/naval/lusika01.htm</U></U></A></FONT></div> <bR> <bR> <DIV ALIGN="LEFT"></DIV> <div> <B> <A NAME="german_naval_policies"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></b><B>German Naval Policies</b></div> <bR> <div> <B>Document 1.  Blockade policy announcement, 4 February 1915.</b></div> <div> Germany hereby declares a war zone around the British isles.</div> <div> All enemy merchant ships in that area, armed and unarmed, are subject to destruction without it always being possible to provide warning.</div> <bR> <div> <B>Document 2. </b></div> <div> <B> Warning posted in newspaper next to Cunard ad for Lusitania, 22 April, 1915</b></div> <div> <IMG SRC="42e4c800.jpg" border=0 width="76" height="128" ALIGN="BOTTOM" HSPACE="0" VSPACE="0">  <IMG SRC="43048820.jpg" border=0 width="72" height="130" ALIGN="BOTTOM" HSPACE="0" VSPACE="0">  NOTICE!</div> <div> Travellers intending to embark on the Atlantic voyage are reminded that a state of war exists between Germany and her allies and Great Britian and her allies; that the zone of war includes the waters adjacent to the British Isles; that, in accordance with formal notice given by the Imperial German Government, vessels flying the flag of Great Britian, or any of her allies, are liable to destruction in those waters and that travellers sailing in the war zone on ships of Great Britian or her allies do so at their own risk. </div> <div> IMPERIAL GERMAN EMBASSY WASHINGTON, D.C., APRIL 22, 1915. </div> <bR> <div> <B>Document 3.  Captain's  logs (Events of Captain Turner and Captain Schwieger).</b></div> <div>       Before the voyage, it was decided that only 19 of the 25 boilers on the Lusitania would be utilized for the voyage because of the enormous consumption of coal, so boiler room 4 was shut down. This limited the Lusitania's speed to 21 knots, still much faster than a U-boat submarine's top speed of 13 knots. On May 1<FONT SIZE="1" COLOR="#000000" FACE="Arial" >st</FONT>, 1915, the Lusitania embarked on its 202<FONT SIZE="1" COLOR="#000000" FACE="Arial" >nd</FONT> crossing of the Atlantic with 1257 passengers, plus a crew of 702. It was under the command of Captain William Turner. </div> <div>           On May 5<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th, </FONT>1915, Captain Schwieger rounded the south-west tip of Ireland. He tried to destroy but missed several ships, including several neutral ones. That day, he spotted a small schooner, the <I>Earl of Lathom</I>. He surfaced to warn the crew, then destroyed the boat with gunfire.   The next day as he continued further east in the Irish Channel, he fired two torpedoes at the <I>Candidate</I>, a 5858-ton steamer from Liverpool. About two hours later, he destroyed another ship, the <I>Centurion</I>. The British never warned the Lusitania of these sinkings which were taking place near where the Lusitania was about to travel through.  The U-20's fuel was running low so Schwieger decided not to travel past Liverpool, and instead turn back. The U-20 and the Lusitania were going to cross paths. </div> <div>         On May 7<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT>, the Lusitania entered the Irish Channel. Captain Turner slowed the ship down to 15 knots because of the fog.  However, as a precaution, Captain Turner posted extra lookouts and swung the lifeboats out.  That same day, the U-20 was traveling west in the Irish Channel. At about noon, Schwieger and his crew sighted an old war cruiser, the <I>Juno</I>. It escaped because it was zigzagging, which made it hard for a submarine to fire at it, due to its constantly changing path. Captain Turner of the Lusitania did not do this because he felt that it wasted time and fuel. Then, at 1:20pm British time, Schwieger sighted something of note. <I>"Starboard ahead four funnels and two masts of a steamer with course at right angles to us..." </I></div> <div> He submerged and approached the large passenger liner at 9 knots and waited. To his luck, at 1:40pm, when the ship was roughly 700 meters away, it turned 30° toward him, making it easier to attack. He fired a single torpedo . . . </div> <div> <A HREF="http://members.rogers.com/vincebjs/Lusitania/fvoyage.html" TARGET="_top" TITLE="http://members.rogers.com/vincebjs/Lusit"><U><U>http://members.rogers.com/vincebjs/Lusitania/fvoyage.html</U></U></A></div> <bR> <div> <B>Document 4.  Schwieger's observations of the sinking ship.</b></div> <div> "An unusually heavy explosion takes place with a very strong explosion cloud (cloud reaches far beyond front funnel). The explosion of the torpedo must have been followed by a second one (boiler or coal or powder?). The superstructure right above the point of impact and the bridge are torn asunder, fire breaks out, and smoke envelops the high bridge. The ship stops immediately and heels over to starboard very quickly, immersing simultaneously at the bow. It appears as if the ship were going to capsize very shortly, Great confusion ensues on board; the boats are made clear and some of them are lowered to the water with either stem or stern first and founder immediately. On the port side fewer boats are made clear than on the starboard side on account of the ship's list. The ship blows off [steam]; on the bow the name "Lusitania" becomes visible in golden letters. The funnels were painted black, no flag was set astern... Since it seems as if the steamer will keep above water only a short time, we dived to a depth of twenty-four meters and ran out to sea. It would have been impossible for me, anyhow, to fire a second torpedo into this crowd of people struggling to save their lives." (note:  Many claimed that Schwieger added the last sentence after the voyage after the world became shocked by the sinking).</div> <div> http://members.rogers.com/vincebjs/Lusitania/deadlyen.html</div> <bR> <bR> <DIV ALIGN="LEFT"></DIV> <div> <B> <A NAME="british_naval_policies_"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></b><B>British Naval Policies</b></div> <bR> <div> <B>Document 1:  Winston Churchill's report to the House of Commons, 17 March 1914</b></div> <div>    Forty merchant ships have each been armed with two 4.7-inch guns.  By the end of the fiscal year 1914- 1915, on 1 March 1915, seventy ships would be so armed.  These weapons should be mounted in the stern to be fired only at a pursuer.   The vessels so armed are to be ships engaged exclusively in carrying food to Britain. They would not be permitted to fight enemy surface warships and would be under instructions to surrender when overtaken by such foes.</div> <bR> <div> <B>Document 2:  Admiral Fisher to Prime Minister Asquith, 14 May 1914.</b></div> <div>  "…The recent arming of our British merchant ships is unfortunate, for it gives the hostile submarine an excellent excuse (if she needs one) for sinking them." </div> <div> [Bailey and Ryan, pages 10-11]</div> <bR> <div> <B>Document 3:  Admiralty's orders, 10 February 1915.</b></div> <div> Merchant ships should put up resistance to U- boats when possible.  Escape when possible, but "if a submarine comes up suddenly close ahead of you with obvious hostile intention, steer straight for her at your utmost speed..."</div> <div> (note:   Further instructions, issued ten days later, told armed steamers to open fire on a submarine even if it had not yet fired. Given the extreme vulnerability of a submarine, either to ramming or to even small-caliber shellfire, a U-boat that surfaced and gave warning against a merchantman so instructed was putting itself in serious peril. It is not reasonable to expect a submarine to surface and give warning under such circumstances.</div> <bR> <div> <B>Document 4:  Admiralty's Orders to Ship Captains, 1915</b></div> <div> Special Notice:  Instructions for evading German submarines.</div> <div> From this point onward, all ship captains sailing under the British flag are to adhere to the following:</div> <div> Sail in the open channel.   The channel provides relative safety, compared to the close shoreline where U-boats tend to lurk.</div> <div> Zig-zag so as to avoid easy tracking by an attacking submarine.</div> <div> Travel at full speed in the war zone.</div> <div> Avoid head lands.</div> <bR> <div> Document 5:  Lord Inverclyde, Cunard line chairman, on the construction of the Lusitania and the Cunard Agreement, 1903.</div> <div> I offered to build two great ships to challenge Germany's supremacy if Great Britain promised to lend Cunard Line £2,600,000 to build them at a reduced interest rate (2.75 percent annually instead of the normal 5 percent).  Great Britain gave Cunard 20 years to repay the loan. In addition to this, Great Britain would pay £68,000 every year to Cunard Line for delivering mail on the two liners and an additional £150,000 just to keep the liners in good enough shape for a war.  It was also agreed that in return, the Admiralty could take the 2 liners at its discretion. Also, at least half of the crew had to belong to the Royal Naval Reserve or the Royal Naval Fleet Reserve.  Great Britain requested the liners to be designed so that they could easily travel 25 knots, able to resist enemy gunfire and have special places on deck where guns could easily be mounted.  The liners would be designed so that the machinery (the boilers, engines, steering gear, etc...,) would be placed as far below the waterline as possible. (note:  This would make them virtually immune to destruction by gunfire. Also, the coal bunkers would be placed near the bottom of the ship at the sides to serve as a shield for the interior rooms and machinery. The designers obviously meant for the ship to be good for surface warfare, but sadly they did not take into account torpedoes from enemy submarines.) </div> <div> (<FONT SIZE="2" COLOR="#0000FF" FACE="Arial" ><A HREF="http://members.rogers.com/vincebjs/Lusitania/const.html" TARGET="_top" TITLE="http://members.rogers.com/vincebjs/Lusit"><U><U>http://members.rogers.com/vincebjs/Lusitania/const.html</U></U></A></FONT>)</div> <bR> <div> <B>Document 6:  Lusitania records, selection.</b></div> <div>  4200 cases of Remington .303 rifle cartridges, a thousand rounds to a box, </div> <div> 1250 cases of shrapnel shells (note:  cases officially designated as non-explosive).</div> <div> eighteen cases of fuses</div> <bR> <div> (Note from a historian of the year 2002:  "This cargo was not included in the initial manifest filed before LUSITANIA sailed, resulting in another of the enduring controversies on the incident. The British fairly commonly filed an initial manifest before the ship sailed, and a fuller supplementary manifest later; among the likely reasons for this practice were to keep the cargo secret from German informers on the waterfront, and to allow for last-minute corrections of the passenger list. LUSITANIA's cargo of small-arms ammunition and shrapnel cases was listed in the second manifest. )</div> <div> <A HREF="http://www.kans.edu/~kansite/www/_one/naval/lusika03.htm" TARGET="_top" TITLE="http://www.kans.edu/~kansite/www/_one/na"><U><U>http://www.kans.edu/~kansite/www/_one/naval/lusika03.htm</U></U></A></div> <bR> <bR> <DIV ALIGN="LEFT"></DIV> <div> <B> <A NAME="international_law"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></b><B>International Law</b></div> <div> (note:  The rules of blockade were largely embodied in a generally accepted customary law, rather than in clear written terms.  Examples of these policies include The Paris Declaration of 1856, which laid out a few broad rules.   In 1908-1909 there was an international effort to codify the laws of maritime war in a more systematic fashion, resulting in the Declaration of London. The British House of Lords refused to ratify the accord and thus it did not come into legal force either for Britain or any other nation. There nonetheless was a sort of unofficial understanding that the Declaration would be treated as a statement of customary law. At the outset of the war Germany declared her intention to abide by it, and the United States tried without success to persuade Britain to make a similar pledge.</div> <bR> <div> In accordance with the Paris Declaration of 1856 and other customs, the following are admitted to be the traditional and actual provisions of international law regarding blockades and military conflict on the open seas:</div> <bR> <bR> <div> <B><U>Section 1:  Rules governing Blockades:</U></b></div> <bR> <div> 1.01:  Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the enemy.  (note: The British blockade was certainly effective--German commerce vanished from the seas.  The Royal Navy was also forced by the threat of the mine and torpedo to adopt a strategy of distant blockade rather than the traditional close blockade.  Some scholars regard this as a clear violation of the traditional law that blockade, to be legal, must be effective.).</div> <bR> <div> 1.02:  A blockade must not extend beyond the ports and coasts belonging to or occupied by the enemy.</div> <bR> <div> <B><U>Section 2:  Rules governing encounters between warships and merchant ships:</U></b></div> <bR> <div> 2.01  A warship must warn a merchant ship before sinking it.</div> <bR> <div> 2.03  Crews of merchant ships must be allowed to abandon ship. </div> <bR> <div> 2.04, exception to 2.03   The warship is not obligated to allow the crew of a merchant ship to abandon ship if the merchant ship resisted or attempted to escape, or was in convoy under the protection of warships.</div> <bR> <div> 2.05  Limited armaments, such as a gun or two for protection against pirates or lightly armed raiders, does not necessarily nullify a merchant ship's immunity to attack without warning.</div> <bR> <bR> <bR> <bR> <div> 2.06  A cargo of munitions or war materiel do not affect a merchant ship's status with respect to being warned, although it does legitimize destruction of the ship and cargo after removal of the passengers and crew.  (Note:  traditional international law did not anticipate the extensive arming of merchant ships that took place in 1914-1918 or the advent of the submarine).</div> <bR> <bR> <div> <B><U>Section 3.  Rules governing cargo:</U></b></div> <bR> <div> 3.01  Neutral goods, except contraband, are not subject to capture.</div> <bR> <div> 3.02  A neutral flag protects a belligerent's goods, except for contraband.</div> <div> (Note:  almost immediately after the outbreak of WWI, Britain expanded the definition of contraband to include food and other traditionally exempt goods.)</div> <bR> <div> 3.03   The shipment of propellants and high explosives on commercial liners is prohibited.  Rifle cartridges may be carried, provided they are marked "non-explosive in bulk."</div> <div> (note:  rifle cartridges--in which a very small amount of explosive is confined in a metal case--are in fact "non-explosive in bulk," cooking off rather than detonating en masse, as numerous tests have shown).</div> <bR> <div> 3.04    U.S.  Federal law stated that no passenger ship could carry explosives "likely to endanger the health or lives of the passengers or the safety of the vessel."</div> <bR> <div> 3.05   Definition of absolute contraband:  goods of a clearly military character.</div> <bR> <div> 3.06   Trade by a neutral with a belligerent is permitted.</div> <div> (Note:  such was actually normal practice).</div> <bR> <bR> <DIV ALIGN="LEFT"></DIV> <div> <B> <A NAME="mock_trial_rules_and_procedures"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></b><B>Mock Trial Rules and Procedures</b></div> <div> (Taken from New York State Bar Association, Law Youth and Citizenship Program</div> <div> <A HREF="http://www.nysba.org/lyc/02mocktrial/rules.html#simplerules" TARGET="_top" TITLE="http://www.nysba.org/lyc/02mocktrial/rul"><U><U>http://www.nysba.org/lyc/02mocktrial/rules.html#simplerules</U></U></A><FONT SIZE="2" COLOR="#000000" FACE="Arial" >)</FONT></div> <bR> <div> <B>STEPS IN MOCK TRIALS</b></div> <div> <B>Opening Statements</b></div> <div> 1. Plaintiff (in civil case) / Prosecution (in criminal case)</div> <div> After the attorney introduces all team members to the judge, the plaintiff's attorney in a civil case (or the prosecutor in a criminal case) summarizes the evidence which will be presented to prove the case.</div> <div> 2. Defendant (in criminal or civil case)</div> <div> After the attorney introduces all team members to the judge, the defendant's attorney (in a criminal or civil case) summarizes the evidence for the Court which will be presented to rebut the case the plaintiff/prosecution has made.</div> <bR> <div> <B>Direct Examination by Plaintiff/Prosecution</b></div> <div> The plaintiff's/prosecution's attorneys conduct direct examination (questioning) of each of its own witnesses. At this time, testimony and other evidence to prove the plaintiff's/prosecution's case will be presented. The purpose of direct examination is to allow the witness to narrate the facts in support of the case.</div> <div> NOTE: The attorneys for both sides, on both direct and cross-examination, should remember that their <U>only function is to ask questions</U>; attorneys themselves may not testify or give evidence, and they must avoid phrasing questions in a way that might violate this rule.</div> <bR> <div> <B>Cross-Examination by the Defense Attorneys</b></div> <div> After the attorney for the plaintiff/prosecution has completed questioning a witness, the judge then allows the other party (i.e., defense attorney) to cross-examine the witness. The cross-examiner seeks to clarify or cast doubt upon the testimony of opposing witnesses. Inconsistency in stories, bias, and other damaging facts may be pointed out to the judge through an effective cross-examination.</div> <div> <B>Re-direct and Re-cross may be permitted.</b></div> <bR> <div> <B>Closing Arguments (Attorneys)</b></div> <div> 1. Defense</div> <div> A closing statement is a review of the evidence presented. Counsel for the defense reviews the evidence as presented, indicates how the evidence does not satisfy the elements of the charge or claim, stresses the facts favorable to the defense and asks for a finding (verdict) of not guilty (criminal case) or judgment for the defense (civil case).</div> <bR> <div> 2. Plaintiff/Prosecution</div> <div> The closing statement for the plaintiff/prosecution reviews the evidence presented. The plaintiff's/prosecution's closing statement should indicate how the evidence has satisfied the elements of the charge or claim, point out the law applicable to the case, and ask for a finding (verdict) of guilty (criminal case), or judgment for the plaintiff (civil case). Because the burden of proof rests with the plaintiff, his/her attorney makes the final statement in the case.</div> <bR> <div> <B>THE JUDGE'S ROLE AND DECISION (VERDICT)</b></div> <div> The judge is the person who presides over the trial to ensure that the parties' rights are protected, and that the attorneys follow the rules of evidence and trial procedure. In trials held without a jury, the judge also has the function of determining the facts of the case and rendering a judgment.</div> <bR> <bR> <div> <B>SIMPLIFIED RULES OF EVIDENCE AND PROCEDURE</b></div> <bR> <div> <B>RELEVANCY</b></div> <div> Rule 201: RELEVANCY. Only relevant testimony and evidence may be presented. This means that the only physical evidence and testimony allowed is that which tends to make a fact which is important to the case more or less probable than the fact would be without the evidence. However, if the relevant evidence is unfairly prejudicial, may confuse the issues, or is a waste of time, it may be excluded by the court. This may include testimony, pieces of evidence, and demonstrations that have no direct bearing on the issues of the case and have nothing to do with making the issues clearer.</div> <div> <U>Examples</U>: The Plaintiff's Attorney asks Alex Teller, "Isn't it true that you were once arrested for disorderly conduct?" </div> <div> The Defense Attorney offers to introduce testimony by Sandy Loam citing Nicki Biddle's five-year old conviction for speeding.</div> <div> <U>Objections</U>: "I object, Your Honor. This evidence is irrelevant to the facts of the case."</div> <div> "Objection. This testimony is unduly prejudicial."</div> <div> Rule 202: CHARACTER. Evidence about the character of a party or witness (other than his or her character for truthfulness or untruthfulness) may not be introduced unless the person's character is an issue in the case.</div> <div> <U>Examples</U>: Whether one spouse has been unfaithful to the other may be a relevant issue in a civil trial for divorce, but is generally not an issue in a criminal trial for assault. A person's violent temper may be relevant in a criminal trial for assault; but it is not an issue in a civil trial for breach of contract.</div> <div> <U>Objections</U>: "Objection. Evidence of the defendant's character is not proper given the facts of the case."</div> <div> "Objection. Only the witness' reputation for truthfulness is at issue here."</div> <bR> <div> <B>WITNESS EXAMINATION</b></div> <div> a. <B>Direct Examination</b> (attorneys call and question witnesses)</div> <div> Rule 301: FORM OF QUESTION. Witnesses should be asked direct questions and may not be asked leading questions on direct examination. Direct questions are phrased to evoke a set of facts from the witnesses. A leading question is one that suggests to the witness the answer desired by the examiner and often suggests a "yes" or "no" answer.</div> <div> <U>Example of a Direct Question</U>: "What is the nature of your work?"</div> <div> <U>Example of a Leading Question</U>: (directed to Pat Loam) "Pat, isn't it true no one ever told you that you would be called by a direct marketer?"</div> <div> <U>Narration</U>: While the purpose of direct examination is to get the witness to tell a story, the questions must ask for specific information. The questions must not be so broad that the witness is allowed to wander or "narrate" a whole story. Narrative questions are objectionable.</div> <div> <U>Example of a Narrative Question</U>: (directed to Nicki Biddle) "Nicki, tell us the history of your family's ties to N.O.Y.B."</div> <div> <U>Narrative Answers</U>: At times, a direct question may be appropriate, but the witness' answer may go beyond the facts for which the question was asked. Such answers are subject to objection on the grounds of narration.</div> <div> <U>Objections</U>: "Objection. Counsel is leading the witness."</div> <div> "Objection. Question asks for a narration."</div> <div> "Objection. Witness is being narrative."</div> <div> Rule 302: SCOPE OF WITNESS EXAMINATION. Direct examination may cover all the facts relevant to the case of which the witness has first-hand knowledge. Any factual areas examined on direct examination may be subject to cross-examination.</div> <div> Rule 303: REFRESHING RECOLLECTION. If a witness is unable to recall a statement made in an affidavit, the attorney on direct may show that portion of the affidavit that will help the witness to remember.</div> <bR> <div> b. <B>Cross-Examination</b> (questioning of the other side's witnesses)</div> <div> Rule 304: FORM OF QUESTION. An attorney may ask leading questions when cross-examining the opponent's witnesses. Questions tending to evoke a narrative answer should be avoided.</div> <div> Rule 305: SCOPE OF WITNESS EXAMINATION. Attorneys may <U>only</U> ask questions that relate to matters brought out by the other side on direct examination, or to matters relating to the credibility of the witness. This includes facts and statements made by the witness for the opposing party. Note that many judges allow a broad interpretation of this rule.</div> <div> <U>Example</U>: If on direct examination a witness is not questioned about a topic, the opposing attorneys may not ask questions about this topic on cross examination.</div> <div> <U>Objection</U>: "Objection. Counsel is asking the witness about matters that did not come up in direct examination."</div> <div> Rule 306: IMPEACHMENT. On cross-examination the attorney may impeach a witness (show that a witness should not be believed) by (1) asking questions about prior conduct that makes the witness' credibility (truth-telling ability) doubtful; or (2) asking questions about previous contradictory statements. These kinds of questions can only be asked when the cross-examining attorney has information that indicates that the conduct actually happened.</div> <bR> <bR> <bR> <bR> <div> e. <B>Argumentative Questions</b></div> <div> Rule 310: Questions that are argumentative should be avoided and may be objected to by counsel. An argumentative question is one in which cross-examiner challenges the witness about his or her inference from the facts, rather than seeking additional facts. </div> <div> <U>Example</U>: "Mickey Jackson, how can you expect anyone to believe that?" </div> <div> <U>Objection</U>: "Your Honor, counsel is being argumentative." </div> <div> f. <B>Compound Questions</b></div> <div> Rule 311: Questions that are compound in nature should be avoided and may be objected to by counsel. A compound question requires the witness to give one answer to a question which contains two separate inquiries. (Each inquiry in an otherwise compound question could be asked and answered separately.)</div> <div> <U>Example</U>: "Lee Goodenough, you are hearing impaired and a former Green Beret, isn't that correct?"</div> <div> <U>Objection</U>: "Your Honor, counsel is asking a compound question." </div> <div> g. <B>Asked and Answered Questions</b></div> <div> Rule 312: Questions that have already been asked of and answered by a witness should not be asked again and may be objected to by opposing counsel.</div> <bR> <div> 4. <B>HEARSAY</b></div> <div>        a. <B>The Rule</b></div> <div> Rule 401: HEARSAY. Any evidence of a statement made by someone who is not the witness on the stand, which is offered to prove the truth of the matter asserted in that out-of-court statement is hearsay and is not permitted.</div> <div> <U>Example</U>: Plaintiff's Attorney asks Alex Teller: "What did Sandy say to you at that time?"</div> <div> <U>Objection</U>: "Objection. Counsel's question is seeking a hearsay response."</div> <div> <U>Example</U>: Mickey Jackson says, "I heard Lee Goodenough say to Nicki Biddle, `I'm glad we bought that big shredder. The less paper trail the better'."</div> <div> <U>Objection</U>: "The witness' answer is based on hearsay. I ask that the statement be stricken from the record."</div> <div> <U>Response to Objections</U>: "Your Honor, the testimony is not offered to prove the truth of the matter asserted, but only to show . . ."</div> <div>        b. <B>Exceptions</b></div> <div> Rule 402: ADMISSION AGAINST INTEREST OF A PARTY OR PARTY OPPONENT. A judge may admit hearsay evidence if it was said by a party in the case or a party opponent and contains evidence which goes against the party or the party opponent.</div> <div> Example: Alex Teller states: "Lee said `Don't call the Loams back because silence is our only defense. We really messed up this time'."</div> <div> Rule 403: STATE OF MIND. A judge may admit hearsay evidence if a person's state of mind is an important part of the case and the hearsay consists of evidence of what someone said which described that particular person's state of mind.</div> <div> <U>Example</U>: Mickey Jackson says that Nicki Biddle said "the more complex it reads the better. That means fewer opt outs and more data for you to sift."</div> <bR> <div> <B>OPINION AND EXPERT TESTIMONY</b></div> <div> Rule 501: OPINION TESTIMONY BY NON-EXPERTS. Witnesses who are not testifying as experts may give opinions which are based on what they saw or heard and are helpful in explaining their story. A witness may <U>not</U> testify to any matter of which the witness has no personal knowledge, nor may a witness give an opinion about how the case should be decided.</div> <div> <U>Example</U>: (General Opinion) Defense Attorney asks Lee Goodenough: "Based on the fact that you have known and worked with A.J. Gates for sometime, do you think A.J.'s actions were deliberate?"</div> <div> <U>Objection</U>: "Objection. Counsel is asking the witness to give an opinion."</div> <div> <U>Example</U>: (Lack of Personal Knowledge) Defense Attorney asks Pat Loam: "How much money did N.O.Y.B. make off the sale of your records?"</div> <div> <U>Objection</U>: "Objection: The witness has no personal knowledge that would enable him/her to answer this question."</div> <div> <U>Example</U>: (Opinion on Outcome of Case) Plaintiff's Attorney asks Taylor Tarbell: "Do you think N.O.Y.B. was negligent?"</div> <div> <U>Objection</U>: "Objection. The question asks the witness to give a conclusion that goes to the finding of the Court."</div> <div> Rule 502: OPINION TESTIMONY BY EXPERTS. Only persons qualified as experts may give opinions on questions that require special knowledge or qualifications. An expert may be called as a witness to render an opinion based on professional experience. An expert must be <U>qualified</U> by the attorney for the party for whom the expert is testifying. This means that before the expert witness can be asked for an expert opinion, the questioning attorney must bring out the expert's qualifications, education and/or experience.</div> <div> Example: Plaintiff's Attorney asks Taylor Tarbell: "What is the proper technique for determining a financial institution's role in an identity theft?"</div> <div> <U>Objection</U>: Objection. Counsel is asking the witness to give an expert opinion for which the witness has not been qualified.</div> <bR> <div> <B>PHYSICAL EVIDENCE</b></div> <div> Rule 601: INTRODUCTION OF PHYSICAL EVIDENCE. Physical evidence may be introduced if it is relevant to the case. Physical evidence will not be admitted into evidence until it has been identified and shown to be authentic or its identification and/or authenticity has been stipulated to. That a document is "authentic" means only that it is what it appears to be, not that the statements in the document are necessarily true.</div> <div> NOTE: Physical evidence need only be introduced once. The proper procedure to use when introducing a physical object or document for identification and/or use as evidence is:</div> <div> a. Have exhibit marked for identification. "Your Honor, please mark this as Plaintiff's Exhibit 1 (or Defense Exhibit A) for identification."</div> <div> b. Ask witness to identify the exhibit. "I now hand you what is marked as Plaintiff's Exhibit 1 (or Defense Exhibit A). Would you identify it, please?"</div> <div> c. Ask witness questions about the exhibit, establishing its relevancy, and other pertinent questions.</div> <div> d. Offer the exhibit into evidence. "Your Honor, we offer Plaintiff's Exhibit 1 (or Defense Exhibit A) into evidence at this time."</div> <div> e. Show exhibit to opposing counsel who may make an objection to the offering.</div> <div> f. Judge will ask opposing counsel whether there is any objection, rule on any objection, and admit or not admit the exhibit.</div> <div> g. If exhibit is a document, hand it to the judge.</div> <div> NOTE: After an affidavit has been marked for identification, a witness may be asked questions about his or her affidavit without its introduction into evidence. But to read directly from it or submit it to the judge, it must first be admitted into evidence.</div> <bR> <div> <B>INVENTION OF FACTS</b> (Special Rules for the Mock Trial Competition)</div> <div> Rule 701: DIRECT EXAMINATION. On direct examination, the witness is limited to the facts given. If the witness goes beyond the facts given, a bench conference may be requested by opposing counsel, at which time counsel may object to the invention of facts. (It should be noted that the granting of a bench conference is a discretionary decision of the judge and a request for a bench conference might not always be granted.) If a witness testifies in contradiction of a fact given in the witness' statement, opposing counsel should impeach the witness' testimony during cross-examination.</div> <bR> <div> <B>PROCEDURAL RULES</b></div> <div> Rule 801: PROCEDURE FOR OBJECTIONS. An attorney may object any time the opposing attorneys have violated the Simplified Rules of Evidence and Procedure. Each attorney is restricted to raising objections concerning witnesses which that attorney is responsible for examining, both on direct and cross-examinations.</div> <div> NOTE: The attorney wishing to object (only one attorney may object at a time) should stand up and do so at the time of the violation. When an objection is made, the judge will ask the reason for it. Then the judge will turn to the attorney who asked the question and the attorney usually will have a chance to explain why the objection should not be accepted ("sustained") by the judge. The judge will then decide whether a question or answer must be discarded because it has violated a rule of evidence ("objection sustained"), or whether to allow the question or answer to remain on the trial record ("objection overruled").</div> <div> Rule 802: MOTIONS TO DISMISS. Motions for directed verdict or dismissal at the end of the plaintiff's case are not permitted.</div> <div> Rule 803: CLOSING ARGUMENTS. Closing arguments must be based on the evidence presented during the trial.</div> <div> Rule 804: OBJECTIONS DURING OPENING STATEMENTS AND CLOSING ARGUMENTS. Objections during opening statements and closing arguments are not permitted.</div> <bR> <bR> <bR> <bR> <bR> </td> </tr></table></body>