MURDER OF CAPTAIN FRYATT.

Manawatu Herald, Volume XXXVIII, Issue 1612, 19 September 1916, Page 2

MURDER OF CAPTAIN FRYATT.

TUB .judicial pretext invented by the (iermaiis to excuse the murder of Captain Fryall, of the steamer Brussels, was arrived at. says ; i naval correspondent, by applying Ihe rules of hind war to sea war. .In land war a civilian taking amis is liable to execution. la sea war he is not so liable. And the reason for the difference is clear. Du hind the control of communications necessarily passes io that belligerent which occupies the territory through which he passes. At sea there is iu> such thing as occupation. The sea is the common highway of all nations, and under the law of nations its control in time of w<ir is exercised by that Power which at any given moment is able to exercise it. The ships ef all nations are, therefore, privileged to defend themselves should they choose in 1 1 1 > so, and to become thereby behgerenls tor the lime be iag. International law prescribes that I lie olliceis and men of a mer chant vessel owned by a belligerent have die right to defend themselves against attack or attempted capture b,\ the enemy. It w oiild a ppea riha t Captain Fryatl defended his ship against attack, and resisted capture by attempting to ram the eneniv submarine I DB, which had ordered him to stop. In so doing, Captain I'ryalt Iraiistormed himself from a civilian into a belligerent, with the rights of a belligerent, am! also ""h Ibc liabilities of a belligerent. Assuming dial Captain Fryatt tried In tain the I od, the commander of Ilu ' " ul| l*l I ben have been within bis rights m sinking the Brussels by gnnlire or torpedo without first buv.ng placed ollicers, crew ami | las.seiiger.s in safety. Fa;! did nolung ol the kind, but apparently made oil. The incident was thereB'fe, legally speaking, dosed. U should be observed |bn| had the Fid sunk the Brussels after In i lesistaiice die Bermans would s|l| t lu ' hl,u "d to treat the passenbvis m Inn 1 , it any, as non-combat-ants.