[FLAG] TESTIMONY Q. Do you recall the flag or the national ensign flying? [Ensign Scott:] Yes sir, it was flying. I noticed at first light that the ensign was flying. I looked up to it to check the wind direction just in the event I had to blow tubes and I wanted to have a favorable wind direction. That's about all I recall about the flag being up on the day and night while we were over here. I don't recall seeing it down at all. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - [LT. Golden:] Yes sir. At approximately 1145, I completed eating lunch, and went to the 01 level forward to sunbathe along with the Captain and some of the other officers. I have a lounge chair, most of us do have; while laying on my back sunbathing, I noticed a plane flying over. I dozed off, and approximately 25 minutes or so later on, I woke up and saw a plane circling again coming from the port beam, crossing the ship. While watching it, I glanced up and noticed it just crossing over the stack area, and I noticed a small amount of smoke coming out of my stack, and also the flag was flying. Counsel for the Court: Was it extended? [LT. Golden:] Yes sir, there was a slight breeze blowing. Q. Where was the flag flying from, Lieutenant GOLDEN? [LT. Golden:] The foremast. Q. And It was standing out where it could be seen? [LT. Golden:] Yes sir. Not completely the full length, but it was standing out. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Counsel for the Court: Did you have occasion to see the national ensign flying? [LTGJ Painter:] Yes sir, I did. I saw the national ensign flying after the, it was at the time I believe when we were going to abandon ship. I ran out on the main deck to get the life rafts ready. I remember distinctly looking back up and seeing the Ensign flying. This was, I think, after the air raid, after the torpedo attack. Q. Had you seen it earlier that morning? [LTGJ Painter:] I saw it earlier that morning when I came up, I don't know when it was. I came up on and of off that morning checking a patrol plane that had been flying over us. The quartermaster, DAVID QM2, had told me that the night that he was wounded that he had put the flag up at 0730 that morning. Q. So you, in recollection, recall seeing the flag flying in the morning and after the torpedo attack? [LTGJ Painter:] Yes, before and after the torpedo attack. Q. Do you know whether or not it was the same flag? [LTGJ Painter:] I couldn't tell you sir. The way I thought at one time, what the heck was it, I noticed there was something funny about it. I might have seen the flag twice, because once I saw one that had been shot up and it was ragged, and the next time I looked at it I didn't notice whether it was ragged or not. I couldn't say either way whether it was the same flag. ------------------------------------------------------------------------------------------------------------------------ Counsel for the Court: Did you have occasion to see the national colors flying? [Chief Smith:] Yes sir. At the time I ran out of the radio central space to the transmitter room. Q. What time was this? [Chief Smith:] I would say about 1225, this was about two minutes either way. And this was Zulu time because I'm basing it on the log here. I had occasion to look at it because I was under the impression we were being attacked by UAR, and I wanted to see, and by the time that report came down to us from the bridge that they were Israelis, I wanted to check myself personally to see if our flag was flying because I couldn't understand it. For some reason I saw the flag flying at that time. If this was the original flag or not, I do not know sir. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Counsel for the Court: Excuse me, any time prior to the attack, did you notice the national colors flying? [LTJG Watts:] Yes sir. At lunch that day, we were discussing the situation and Mr. Golden made the statement that someone had said something about the ensign flying so the people would know who we were. Mr. Golden made the statement something like, "Don't we have a bigger flag we can fly, maybe the holiday colors ?" Then after lunch we went out on the 01 level forward and most of the officers were around there sunbathing immediately preceding 1300. At approximately 1245, an aircraft flew over approximately 5,000 to 8,000 feet, and his line of flight took it over the radar mast, and I was watching it and made a comment about it that it looked like a C119 flying boxcar. And as it flew over the radar mast, the ensign was flying from the gaff. I noticed that it was flying, at this time there was a breeze. Q. Extended? [LTJG Watson:] Yes sir. President: Was it from the mast aft or the mast directly over the bridge? [LTJG Watson:] The mast directly over the bridge, sir. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1426 [LOG] NOTICED NORMAL STEAMING ENSIGN SHOT AWAY DURING AIR ATTACK HOLIDAY SIZE ENSIGN HOISTED ON PORT YARDARM. [CAPT. McGonagle:] About this time I noticed that our Ensign had been shot away during the air attack and ordered DAVID, signalman, to hoist a second Ensign from the yardarm. During the air attack, our normal Ensign was flying. Before the torpedo attack, a holiday size Ensign was hoisted. ? ??????? ??? ???? ?? ????? I could to standby for torpedo attack from starboard. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - [Ensign Lucas:] There was a time when I was in the pilot house that I heard the Commanding Officer holler to someone, perhaps signalman DAVID, to get the Ensign, the colors, off the deck. I went out to the starboard wing, and there was an Ensign on the deck. I went out a little bit further and looked up and we were flying our Ensign. I found that later all of the starboard halyards or hoists had been shot down and that signalman DAVID had run up another Ensign. Q. Do you recall how long the Ensign was down? [Ensign Lucas:] I cannot recall for sure. From the first air attack, the radar was made inoperative, the antenna on the mainmast was damaged, obviously on the first air pass and the Ensign would be flying just below it and just aft of it. Evidently, the shelling that got the radarscope, well it could have very possibly severed the halyard lines at that time. I do not recall when the Commanding Officer saw the Ensign on the deck and told someone to pick it up, but I do recall going out on the starboard wing, looking up and seeing that there was an Ensign flying. Q. Do you remember the time frame when you looked and saw the Ensign flying, was it during the surface or the air attack? [Ensign Lucas:] I can't set an exact time on it. I do believe that I recall that at this time the patrol craft was off our starboard side at an approximate bearing of 120. It seems to me that this might have been around the time when I investigated the firing coming from mount 53 and found it was bullets cooking off as opposed to men being there actually firing. Q. Did you look and see the Ensign flying before the torpedo hit, or was it after? [Ensign Lucas:] I cannot honestly recall whether it was before or after. FINDINGS: 2. The calm conditions and slow ship speed may well have made the American Flag difficult to identify. 28. Flat, calm conditions and the slow five knot patrol speed of LIBERTY in forenoon when she was being looked over initially may well have produced insufficient wind for steaming colors enough to be seen by pilots. 4. The colors were shot down early in the action and were replaced prior to the PT attack. 6. There are no available indications that the attack was intended against a U.S. Ship. 1. Available evidence combines to indicate the attack on LIBERTY on 8 June was in fact a case of mistaken identity.