Page:Heresies of Sea Power (1906).djvu/235

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INTERNATIONAL LAW
209

recognise that the boats of the flotilla committed no hostile act, and the majority of the Commissioners, being of opinion that there was no torpedo-boat either among the trawlers or on the spot, the fire opened by Admiral Rogestvensky was not justifiable.

The Russian Commissioner, not believing himself warranted in concurring in this opinion, stated his conviction that it is precisely the suspicious vessels that approached the Russian squadron for a hostile purpose which provoked the firing.

14. Respecting the real objects of this nocturnal firing, the fact that the Aurora was hit by a few 3-pounder and 12-pounder projectiles would seem to be of a natur to give rise to the supposition that this cruiser, and perhaps even other Russian vessels, delayed on the track of the Suvaroff without that vessel being aware of it, may have provoked and attracted the first firing. This error may have been caused by the fact that this ship seen from astern showed no visible light, and owing to a nocturnal optical illusion experienced by the observers in the flagship.

In this connection the Commissioners declared that they lack important information enabling them to ascertain the reasons which brought about the continuation of the firing on the port side. In presence of this conjecture certain distant trawlers might have been confounded with the original objects, and thus directly fired on. Others, on the contrary, may have been hit by a fire directed on objects further off.