Gives the duties, as he understands them, of the officer of the deck of the Paulding while underway. That on the day of the accident, three men kept lookout, but that there was no specific lookout.

That the weather at the time of the accident was-sea, choppy; northwest wind force 4; visibility, good; cloudy. He believes it was overcast practically all of the time.

Says that he knew the measured mile range might be used by submarines. He had never seen any small vessels on the range for that purpose.

Gives all the details of the navigation of the vessel just prior to the accident and what he saw of the accident. Told what took place on the bridge of the Paulding before and after the accident, and what the personnel were doing.

Charles E. Reed, chief quartermaster, United States Coast Guard, was called as a witness. Stated that he was on watch as junior officer of the deck at the time of the accident. Stated that he was examining a vessel through a pair of binoculars and did not know anything was wrong until he heard some orders being given in the center of the bridge.

Says that he would be able to recognize a submarine operating at periscope depth. Says he first saw the S-4 when less than 100 feet ahead of the Paulding and that her periscopes were about 3 feet out of water a little on the port bow. States he took some bearings immediately after the accident while the tail of the submarine was still visible on the port side.

Says that when the Paulding hit the S-4 the impression was that she was sliding up over the top of something, and that he observed the bow of the submarine become higher, and that the destroyer slid off of the submarine and dropped down quite a good deal.

Walter C. Rheingans, seaman, first class, destroyer Paulding, was called as a witness. Stated that he had been in the Coast Guard service 172 months, with no prior experience on sea-going vessels.

Also

Had the duty of quartermaster on watch at the time of the accident. Had been looking at a schooner through a pair of binoculars just before the accident. looking at some storm signals flying ashore through a pair of glasses. Stated he saw two periscopes about 50 to 75 yards ahead of the Paulding about 3 or 4 feet out of the water, and thought they were markers for fishing buoys or lobster pots, and that at the same time the officer of the deck saw them and gave the order "Full right rudder."

James C. Milazzo, seaman, first-class, destroyer Paulding, was called as a witness. This man was the helmsman at the time of the accident. Stated he had been in the Coast Guard for two years and four months. Did not see anything of the submarine before vessel struck. Was looking at his compass all the time. Ensign James A. Tyler, United States Coast Guard, destroyer Paulding, was called as a witness. This officer was engineer officer of the Paulding at the time of the accident. Has had four years and four months service. He saw the submarine on the port side with her stern out of water shortly after the accident.

Lieut. C. J. Flotte, Medical Corps, United States Navy, was called as a witness. This officer has specialized on diving and the care of divers and was ordered to the Falcon for the rescue and salvage operations.

Stated that he had specialized since 1923 in deep-sea diving, the training of divers, the study of the cause and treatment of caisson diseases and other diseases of divers. Has treated many cases of caisson disease for the tunnel workers at New York. States that there are only two other officers in the Navy who have any knowledge of this work, and that there are very few in civil life.

Stated that he had orders on December 18 to proceed immediately to Provincetown and report for duty in connection with the rescue operations on the S-4. He arrived there at 1 p. m. on the 19th, from Philadelphia. Said he had great difficulty in getting on board the Bushnell, since the seas were running very high and the ship was practically covered with ice. Stated that from his experience on the S-51 job he would consider diving operations on Monday as suicidal. That conditions were the same on Tuesday. That conditions on Wednesday were much better, and that diving was resumed. That at this time of year it is considered unsafe to expose a diver more than one hour at the bottom due to the temperature of the water. That there has been very little diving done in cold weather, and that the air lines tend to fill up with frost and soft ice. That after a diver has been down 100 feet for one hour it takes about one and onehalf hours to decompress him.

Gives a great deal of data about diving and the difficulties encountered at Provincetown due to the unfavorable weather conditions. Gives data on the amount of free air, oxygen, CO2, etc., in submarines, and how long these gases

will last, and the effect on the personnel, etc. Also the use of soda lime for air purification.

States there is no pain in connection with death by carbon dioxide.

States that he believes everything was done at Provincetown that was humanly possible.

Harry C. Coffee, chief machinist's mate, destroyer Paulding, was called as a witness. This man was on watch in the engine room of the Paulding at the time of the accident. States that he has been in the Coast Guard for two years; previous service four years in the Navy as a gunner's mate. Held the rate of machinist for 14 years in civilian life.

Stated that he was in charge of the engine room at the time of the accident. Explained the use of the engine-room telegraph system from the bridge.

States that he is positive the engines were turning astern at the instant of collision. States that he was at the throttle at the instant of impact, but that after hearing the signal from the bridge it took him one minute to get there from where he was working in another corner of the engine room.

Rear Admiral Philip Andrews, United States Navy, commandant of the Navy yard, Boston, and first naval district, was called as a witness.

The shore end of the rescue and salvage operations was handled from Boston by Admiral Andrews. He gave in detail the things that were done by his authority as soon as the first word of the accident was received at 3.49 on the afternoon of December 17. Many telegraph messages and radio dispatches were sent in all directions to ships and shore stations, including the Navy Department. Destroyers at the navy yard were utilized as dispatch vessels to take material and personnel to Provincetown. Officers and men were taken from various ships and sent where they could best be used in connection with the accident.

States that he had considered that he had full authority to buy or procure any services that might be of assistance without red tape. That everything needed by the salvage officers was considered urgent. All of this is set forth in great detail.

George C. Manning, lieutenant commander, Construction Corps, United States Navy, was called as a witness. This officer is on duty at the navy yard, Boston. He made a report on the damage as found on the destroyer Paulding as a result of the collision. This report is marked "Exhibit No. 17."

Harvey F. Johnson, lieutenant commander, United States Coast Guard, was called as a witness. This officer is attached to the Boston Navy Yard and submitted a report as to the damage sustained by the destroyer Paulding as a result of the collision. Exhibit No. 17.

Capt. H. D. Cook, United States Navy, assistant commandant, first naval district, Boston, Mass., was called as a witness. This officer conducted some tests with another submarine and another destroyer off Provincetown in order to try to simulate conditions obtaining at the time of the accident to the S-4.

A large number of experienced observers were taken out on the vessels for this purpose and the tests conducted on two different days. The testimony of Captain Cook and the following named officer observers bears on the result of these tests: Commander J. H. Dessez, United States Navy, a destroyer officer; Commander W. H. Lassing, United States Navy, a destroyer officer; Lieut. William Wakefield, United States Navy, a submarine officer; Lieut. Commander W. M. Quigley, United States Navy, a submarine officer; Lieut. Clark Withers, United States Navy, a submarine officer; Lieut. Frank L. Worden, United States Navy, a submarine officer.

These tests were carried out in great detail, indicating that the periscopes could be seen at considerable distance, particularly when using binoculars. The destroyer could also be seen readily from the submarine at considerable distances.

Rear Admiral Frank H. Brumby, United States Navy, commander of the control force, was called as a witness.

Admiral Brumby is in charge of submarines on the Atlantic coast, and was in charge of the rescue and salvage operations on the S-4 for a considerable period of time from the beginning until the latter part of January. Stated that he graduated from the Naval Academy 3212 years previous.

He gave in a general way the procedure followed upon receipt of news of the disaster at 4.30 p. m. on the 17th of December. He was then at New London, Conn., as was also the rescue vessel Falcon. Stated that he had the best possible help with him in Captain King, Commander Saunders, Lieutenant Commander Ellsberg, and Captain Hartley of the Falcon, and that in every case there was

unanimity of opinion as to what should be done, and that the final decision was his in each case, as was also the responsibility..

Does not attempt to go into details of the rescue and salvage work with any great accuracy as to times. Also states that the testimony as regards technical details be left to others who can probably answer them better than he can. On certain details he stated that he did not know or that he did not remember. Stated that he was not thoroughly familiar with the details of construction of the submarines. That he had had command of them for only six months.

That to his knowledge there is no vessel in the world better equipped for rescue and salvage work than the Falcon. He would have had no hesitation in calling on any other ship if he had needed it. Considered that he had full authority to send for anything that he wanted.

Stated that he kept two derricks belonging to the Merritt & Chapman Co. for some time but was unable to use them; there was nothing they could do; that he had them there in case there should be something they could do.

Stated that pontoons were started immediately from New York yard and Norfolk yard and arrived in plenty of time.

Stated that he had received many recommendations from civilian personnel as the means that might be employed in the rescue or salvage operations; that they had all received careful consideration and that not one of them could be used on the S-4. That when diving was discontinued Sunday night the wind was blowing about 48 miles an hour. That the only way to save the lives of the men in the submarine was to get the boat to the surface. That there was no disagreement as to the connections made to the air lines.

States that he thinks there was absolutely nothing left undone. Thinks that everything that could have been done by anybody was done.

Howard Wilcox, United States Coast Guard, was called as a witness. This officer has duties at headquarters of the district commander of the second Coast Guard district, having 22 Coast Guard stations embracing the coast of Massachusetts from Plum Island to Woods Hole, including Cape Cod.

Gave testimony as to the duties of the Coast Guard station at Woodend, which is close to the scene of the S-4 disaster, and from which station Coast Guard men saw the collision take place.

Stated that Coast Guard stations do not make report of all ships they observe; only things out of the ordinary are reported, such as distress signals.

Stated that he was in Provincetown on December 17 and had no knowledge of any submarine in that vicinity. Stated later, however, that he saw two submarines either on the 16th or 17th of December. He made no report of the presence of these submarines to his division commander. Produced a certified log of the Coast Guard station at Woodend, which shows particularly the weather obtaining about the time of the accident and afterwards.

Stated that since he has been in Provincetown, a little over two years, submarines in that vicinity have operated on the surface and submerged at different periods of each year. He considered it as an ordinary performance and the Coast Guard in that vicinity so considered it.

Boatswain E. F. Gracey, officer in charge of the Woodend Coast Guard lifesaving station, was called as a witness.

This officer witnessed the collision of the S-4 and the Paulding from the shore about 1,200 yards away, and gives a very good account of the accident seen from some little distance, but does not bring out anything more than we have gotten from other witnesses. He immediately had a life-saving boat manned and stood by the place where the S-4 sank all through the night, up until about 10 o'clock Sunday forenoon, and was the means of locating the S-4 in order that divers could proceed with their work.

Frank E. Simmons, surfman, Woodend Coast Guard station, was called as a witness.

This man also witnessed the accident and gives about the same testimony as other witnesses.

Capt. E. J. King, United States Navy, commanding U. S. S. Wright, was called as a witness.

Captain King had general charge of the salvage operations of the S-51. He was ordered immediately to Provincetown to assist Admiral Brumby, where he arrived at about 11 a. m. on Sunday. After Admiral Brumby left Provincetown, the latter part of January, Captain King remained in charge of the work and raised the S-4.

Captain King stated that he had been in the naval service for about 30 years and had had considerable duty in connection with submarines since 1922.

Witness stated that a little after 5 o'clock on Saturday afternoon, while on a ship at Hampton Roads, he received a telephone message from the Navy Department to proceed instantly to Provincetown. He took a train for New York within an hour and, through arrangements by the Navy Department, was taken by airplane from New York to Provincetown early the next monring.

He

Captain King was next in command to Admiral Brumby at Provincetown. gives the detailed account of the rescue and salvage operations as did Lieutenant Commander Ellsburg. He also gives testimony on a great many submarine subjects, such as submarine warning flags and warning vessels, safety devices, submarine operating procedure, etc. He thinks that the best things were done as regards rescue operations and states that if he had it to do over again he would do the same thing.

Captain King states that had pontoons been actually stored at Provincetown their presence there would have had no effect upon the rescue of the men.

He states that there could not have been gathered together anywhere in the world a body of men who had more experience in deep sea salvage work than those on the Falcon. They not only had the greatest knowledge but the greatest experience.

Lieut. Henry Hartley, United States Navy, commanding U. S. S. Falcon, was called as a witness.

This officer has been in command of the rescue ship Falcon for some years and is thoroughly familiar with the work.

Lieutenant Hartley stated that he had been connected with submarines since 1917 and has been in command of the Falcon since 1924. He gives a description of the Falcon and tells how quickly the Falcon got away from New London upon receipt of the news of the accident. He states that there is no other vessel afloat that compares with the Falcon for rescue and salvage work. He gives in detail what was done by the Falcon in connection with the S-4 disaster. Tells about the conditions on Wednesday morning when it was found that the buoys which marked the S-4's position had been cut adrift during the storm. Lieut. Thomas Fertner, United States Navy, commanding U. S. S. Wandank, was called as a witness.

The Wandank is the tug that was assigned the officer conducting trials on the S-4, and was anchored inside the harbor at Provincetown at the time of the accident.

Lieutenant Fertner states that the Wandank was being used on December 17 in the capacity of a station ship, giving quarters to the members of the board of inspection and survey, and afforded a place for the submarines to tie up alongside when the day's work was finished, also to furnish facilities such as wash room, fresh water, etc., to the submarines, making the crews more comfortable while conducting the trials.

Lieutenant Fertner states that he was told by Lieutenant Commander Calloway to anchor inside the harbor.

He states that the first he knew of the accident he saw a Coast Guard destroyer flying a distress signal about five minutes to four. A short time later he received a radio and immediately got underway and stood out in the harbor for the position of the accident as reported by the Paulding.

The Wandank dropped two marker buoys at the place where air bubbles were coming up.

Thomas Eadie, chief gunner's mate, United States Navy, deep-sea diver attached to U. S. S. Falcon, was called as a witness.

Eadie was the foremost diver on the work and received a congressional medal of honor for heroism displayed Sunday night following the accident to the S-4, wherein he rescued diver Michaels whose lines were fouled on the submarine by the wreckage.

This witness gave the story of his work under water as did divers Carr, Michaels, Wickwire, Ingram, Eiben, and Wilson. These divers gave testimony as to the conditions found inside the S-4 while they were making the various compartments tight during the salvage operations preparatory to raising the vessel.

Capt. Walter W. Davis, manager salvage department, Merritt-Chapman-Scott Corporation was called as witness.

He

Captain Davis stated he had been connected with the Merritt-Chapman-Scott Corporation since February, 1897, and now holds position as salvage manager. He has performed extensive salvage operations on all classes of vessels. explained the equipment owned by his corporation, and stated that the Navy has more suitable equipment for raising submarines, especially as the Navy has several pontoons. He stated that he knew some of the Navy men well and

some slightly and with the experience they have had are probably more competent than any other organization in the world. Regarding salvage operations on the S-4 he stated that under the condition of weather prevailing, that he was positive that no human power could have saved the men on the S-4, and that was the opinion of his company, men who had had long experience in such matters. Commander Harold E. Saunders (Construction Corps), United States Navy, attached to navy yard, Portsmouth, N. H., was called as a witness.

This officer is an expert on submarine design and construction and is also well posted in rescue and salvage work. He proceeded to the scene of the disaster, arriving there at 1.15 a. m. Sunday morning. He was present on the Falcon and in active touch with everything going on from the beginning to the end of the rescue and salvage operations. He tells the story of the whole procedure as did Lieutenant Commander Ellsburg and Captain King. He discussed various theories as to why the other compartments in the submarine became flooded and as to what took place inside the vessel immediately following the accident. He also discussed safety devices and the use of the Falcon, etc.

Witness stated that he knew of no case wherein lives had been saved in a submarine after the control room had been abandoned.

J. W. Lynch, electrical contractor of Quincy, Mass., was called as a witness Mr. Lynch was present on the submarine S-48 some years ago when she sank while still in the hands of the contractors. By the efforts of the crew her bow was gotten above water, however, and the men escaped through the torpedo tubes which at that time were out of water. He gave the court a detailed account of this accident, and the measures taken to save the vessel. The S-48 sank in Long Island Sound in about 70 feet of water, and was at no time out of control.

George B. McGrath, physician, of Boston, Mass., was called as a witness. Mr. McGrath specializes in the branch of medicine known as pathology, and had examined the bodies of the men taken from the S-4. He stated that he had examined 32 of the bodies and that in his opinion they had all died due to drowning and gave his reasons for so believing.

Lieut. Commander G. H. Mankin, Medical Corps, United States Navy, was called as a witness. This officer has temporary duty on board the Falcon in connection with the salvage. He gave considerable testimony as to the amount of air, oxygen, etc., in a submarine, the use of these, also soda-lime for air purification. He told the court the action of carbon dioxide on the human system. Also the action of increase of pressure in the compartments where men were living. He related the known effects of chlorine gas on the human system; also the gas as given off by electrical short circuits, such as carbon monoxide, burning insulation, etc.

Lieut. Commander George B. Dowling, Medical Corps, attached to the naval hospital, Chelsea, Mass., was called as a witness. Stated that he had examined 32 bodies taken from the S-4 and that in his opinion they had died from drowning. Commander A. S. Dysart, United States Navy, attached to Boston Navy Yard, was called as a witness. This officer gave testimony as to the time shown and condition of various timepieces found on the bodies and elsewhere in the submarine. It was attempted by means of this testimony to establish the time that the engine and motor room became flooded.

Lieut. Commander Bayliss, commanding officer of the Paulding, was recalled as a witness. He was questioned as to the data in the Massachusetts Buoy List which shows the trial ranges of Provincetown to be maintained by the United States Navy, and that vessels should keep clear of the buoys. He stated that he understood the instruction to keep clear of the buoys, not to damage them or to tie up to them. He stated that he was familiar with this information on the day of the accident.

Lieut. Commander Doyle, counsel for the officers and crew of the S-4 made an argument. He pointed out the high state of efficiency of a submarine crew as compared to the crews of other vessels, and that they have to be thus in order to operate the vessel. That it is highly improbable that a poor lookout was kept on the S-4, and that the commanding officer did not do everything in his power to avoid collision. That the submarine well knows her responsibility when in a submerged condition and will naturally use every effort to keep clear of other craft. He claims that since there are no witnesses from the S-4, that the testimony from the presonnel of the Paulding is very liable to be biased in their own favor. It behooves the court to scrutinize the testimony closely and see whether or not it is consistent, rational, and probable. He points out that the destroyer was proceeding into port at 18 knots without a regular course being