Cross Posted From Frederick Leatherman Law Blog

Sketch of the Mignonette by Tom Dudley
Tom Dudley, Captain of the Mignonette, a 52-foot sailing vessel with a crew of four that capsized five minutes after being struck by a wave in the south Atlantic 1600 miles northwest of the Cape of Good Hope on July 5, 1884, described the scene in the lifeboat three weeks later after Dudley killed Richard Parker, the 17-year-old cabin boy so that he, Edwin Stephens and Edmund Brooks could feed off his uncooked flesh and drink his blood to survive.
“I can assure you I shall never forget the sight of my two unfortunate companions over that ghastly meal we all was like mad wolfs who should get the most and for men fathers of children to commit such a deed we could not have our right reason.”
The three survivors were rescued four or five days later by a passing sailing ship that was en route to Hamburg. After they were dropped off in Cornwall, the three men provided statements describing the decision-making process. The men had only two tins of turnips and no fresh water in the lifeboat.
Wikipedia provides the grisly details.
Dudley managed to improvise a sea anchor to keep the lifeboat headed into the waves and maintain her stability. Over the first night, the crew had to fight off a shark with their oars. They were around 700 miles (1,100 km) from the nearest land, being either St. Helena or Tristan de Cunha. Dudley kept the first tin of turnips until 7 July when its five pieces were shared among the men to last two days. On or around 9 July, Brooks spotted a turtle which Stephens dragged on board. The crew were resolutely avoiding drinking seawater as it was then universally held to be fatal and, though they devoured the turtle, they forewent drinking its blood when it became contaminated with seawater. The turtle yielded about three pounds (1.4 kg) of meat each, though the crew ate even the bones, and, along with the second tin of turnips lasted until 15 or 17 July. The crew consistently failed to catch any rainwater and by 13 July, with no other source of fluid, they began to drink their own urine. It was probably on 20 July that Parker became ill through drinking seawater. Stephens was also unwell, possibly having experimented with seawater.
Drawing lots in order to choose a sacrificial victim who would die to feed the others was possibly first discussed on 16 or 17 July, and debate seems to have intensified on 21 July but without resolution. On 23 or 24 July, with Parker probably in a coma, Dudley told the others that it was better that one of them die so that the others survive and that they should draw lots. Brooks refused. That night, Dudley again raised the matter with Stephens pointing out that Parker was probably dying and that he and Stephens had wives and families. They agreed to leave the matter until the morning. The following day, with no prospect of rescue in sight, Dudley and Stephens silently signalled to each other that Parker would be killed. Killing Parker before his natural death would better preserve his blood to drink. Brooks, who had not been party to the earlier discussion, claimed to have signalled neither assent nor protest. Dudley always insisted that Brooks had assented. Dudley said a prayer and, with Stephens standing by to hold the youth’s legs if he struggled, pushed his penknife into Parker’s jugular vein, killing him.
In some of the varying and confused later accounts of the killing, Parker murmured, “What me?” as he was slain. The three fed on Parker’s body, with Dudley and Brooks consuming the most and Stephens very little. The crew even finally managed to catch some rainwater.
Dudley and Stephens were charged with murder. Brooks was not charged because he claimed not to have participated in the decision to kill Parker.
Dudley and Stephens asserted that they were not guilty by reason of the common law defense of necessity, which was and continues to be a defense to property crimes.
The legal issue in the case was whether necessity should be recognized as a defense to murder.
The panel of judges ruled that the common law defense of necessity does not apply to a murder charge, either on the basis of legal precedent or the basis of ethics and morality. Wiki quotes the following language from the opinion. I include it because it is so 19th century and beautiful in its own right.
To preserve one’s life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it. War is full of instances in which it is a man’s duty not to live, but to die. The duty, in case of shipwreck, of a captain to his crew, of the crew to the passengers, of soldiers to women and children, as in the noble case of the Birkenhead; these duties impose on men the moral necessity, not of the preservation, but of the sacrifice of their lives for others, from which in no country, least of all, it is to be hoped, in England, will men ever shrink, as indeed, they have not shrunk.
* * *
It would be a very easy and cheap display of commonplace learning to quote from Greek and Latin authors, from Horace, from Juvenal, from Cicero, from Euripides, passage after passage, in which the duty of dying for others has been laid down in glowing and emphatic language as resulting from the principles of heathen ethics; it is enough in a Christian country to remind ourselves of the Great Example [Jesus Christ] whom we profess to follow.
* * *
It must not be supposed that in refusing to admit temptation to be an excuse for crime it is forgotten how terrible the temptation was; how awful the suffering; how hard in such trials to keep the judgment straight and the conduct pure. We are often compelled to set up standards we cannot reach ourselves, and to lay down rules which we could not ourselves satisfy. But a man has no right to declare temptation to be an excuse, though he might himself have yielded to it, nor allow compassion for the criminal to change or weaken in any manner the legal definition of the crime.
Dudley and Stephens were sentenced to the statutory death penalty with a recommendation for mercy. Their death sentences were commuted to six months in jail.
The name of the case is The Queen v. Dudley and Stephens, Queen’s Bench Division, 1884. 14 Q.B.D. 273.
Wiki notes a circumstance possibly more creepy than the case itself, if such is possible.
It [the case] became better known in 1974 when Arthur Koestler ran a competition in The Sunday Times, in which readers were invited to send in the most striking coincidence they knew of. The winning entry pointed out that in Edgar Allan Poe’s novel The Narrative of Arthur Gordon Pym of Nantucket, published in 1838, decades before the Mignonette sank, four men are cast adrift on their capsized ship and draw lots to decide which of them should be sacrificed as food for the other three. The loser was the sailor who had proposed the idea: the character’s name was Richard Parker.
Coincidence?
Photo from Wikimedia Commons



21 Comments

Wow, creepy coincidence.
I have always found this historical case to be fascinating, and it speaks to the human instinct to survive. That said, I am not sure I could do this, but how would one know, not having ever been in that position.
Sorry: Here.
Amazing coincidence.
Although lacking the macabre quality, I’m reminded of the story of a mountain climber’s daughter who died on Nepal’s Annapurna. Her name was Annapurna. I couldn’t find any reference to this event on google. I’m going from memory such as it is.
I’m inclined to think that cannibalism as a psychopathology is archetypal, relating to Saturn possibly combined with Pluto. Just in the last few days, I was thinking about Chronos/Saturn eating his children, but in a different context – the two major parties (old) vis-a-vis third parties (new).
OMG! Hi Peony!
Good to see your fonts here again, Peony.
Yes, Saturn eating his children is a powerful archetype and I’m delighted to report that he’s not my dad.
I was thinking that time really does not exist and aspects of ourselves are everywhere at once.
Instead, time is the Saturnian organizational filing system that we believe to be the only reality. Yet it is only a projection of a dream that we inhabit like ghosts.
I’m still trying to figure out whether I am doing the projecting.
Thanks to the editor for adding the sketch of the Mignonette.
Hi Crane-Station! You and Mason have mail.
lol
Come to think of it, Chronos/Saturn eating his children correlates with State violence against popular uprisings also.
Now there’s something interesting to think about. As to time, the experience is as close to us as our own breath, or rather, the suspension of breath, as in yoga.
When Islam was destroying Constantinople in 1452-53, the denizens of that fortress decided, if push comes to shove, they would kill and then eat the older citizens of that besieged fortress (for that time anyone over 30 was definitely older).
Apparently that ghastly end did not befall the senior citizens of Constantinople. The huge cannon of a Hungarian genius solved the problem of the breaching of the walls, and the city fell without the eating of its senior citizens.
But one must definitely ask oneself, whether one likes it or not, when is the well being of the many more critical to the survival of a society or civilization than the sacrifice of the few or a particular segment of a society?
Of course, the end product of that line of reasoning is Mr. A. Hitler.
If only we could see the ultimate outcome of our decisions over time.
C’est la vie!
Eat our own? America does this everyday. Just like the Germans. Unfortunately we erroneously call it capitalism, instead of of what it has morphed into, fascist style cannibalism.
You said,
I do not believe Hitler has anything to do with whether survival is a legitimate justification for cannibalism or whether euthanasia is a legitimate justification to end a dying person’s agony.
Nevertheless, I will go off topic to say that I generally agree with your point.
I believe the well-being of the many is more important than the well-being of the few, but I draw the line at sacrificing the few for the benefit of the many.
Hitler believed he had legitimate reasons to kill all of the jews. He was wrong, of course. Others, before and after him, have held the same view. Still others have believed and still believe there are legitimate reasons to kill all people with brown skin or all Muslims.
What we need to extinguish is the belief and practice that it’s OK to hate, exploit and kill others.
Cannibalism, when necessary for survival, may be the only permissible exception. It used to be and still may be an unspoken but tacitly acknowledged part of the law of the sea.
What happened at sea remains at sea.
Put another way, people are going to do what they believe they must do to survive in extreme situations without regard for whatever the law may be or ought to be.
Perhaps, that is as it should be.
My understanding of this case is that the young man who was the victim was within hours of dying from hypernatremia related to drinking sea water. He was severely dehydrated and comatose, so, one could say that the men engaged in an act of euthanasia, or mercy killing. Depending on one’s view and take, it may have been better to allow the man to die first, before eating him. On the other hand, allowing the man to have seizures and experience brain damage and coma can be viewed as unnecessary prolonging of the man’s suffering.
It is a case like this that is the subject of historical back-and-forth pondering among ethicists. Should they have allowed the young man to suffer? Well, by law, yes. Were the men self-motivated? Probably, and this is where they got into trouble. Theirs was apparently not a mercy killing. At the same time, their defense was ‘necessity,’ and this did not work out terribly well, although the judges and fellow community members did exhibit empathy with the men’s predicament, and the men were spared execution by hanging.
When I got my first computer and had my first experiences with the internet, I joined some discussion groups, and one of them was a medical ethics board. Ethicists fought for days over various topics like this. Just, back and forth, back and forth, page after page after page, interrupted by flame wars and the like, all day and all night. It was really nuts, and so I finally quit the group subscription.
It was interesting, nonetheless. Some of the topics are really heart wrenching and difficult to sort through. At what point do we abandon life support. Should we do everything we can invasively and against odds, do institute ECMO (a form of cardiopulmonary bypass) in extremely critical and premature neonates. Should we have assisted suicide. How about the concept of a ‘slow code.’
Interesting stuff, but very draining emotionally at the same time.
“I do not believe Hitler has anything to do with whether survival is a legitimate justification for cannibalism or whether euthanasia is a legitimate justification to end a dying person’s agony.”
Let me peel away a few layers of this discussion and touch on the core issue my brief remarks attempted to illuminate.
My point was not about Jews or Slavs or Gypsies or any one particular group or the historic tragedies which might have or will befall them.
The ‘raison de l’existence’ of the Fuhrer in this mini dissertation -just read the ‘Psychopathic God Adolph Hitler’ by Waite-is this:
‘Slippery slopes.’
If a society or any collection of people can decide among themselves who is to live and who is to die for the well-being of the body politic, then what starts off as an appeal through reason to save the many at the sacrifice of the few is the slippery slope which can and too often does ultimately lead to the stygian depths which Adolph proudly pronounced to be the Third Reich.
And that is why I said in my last line, “If only we could see the ultimate outcome of our decisions over time.”
That which is intended to give the greatest good to the greatest number of people, if usurped by or delivered into the wrong hands, will give only misery to all.
Which leads to the next, future dissertation of: ‘When is good evil and evil good?’
Namaste my friend
I still disagree.
Whether to resort to cannibalism in order to survive is not a slippery slope to the Holocaust.
I don’t believe it has anything at all to do with the Holocaust.
Good question. I think it would depend on the circumstances. I believe we would first have to determine and follow as a guide what the “well being of the many” truly means, impartially, before any sacrifice of the few be contemplated. I also propose that the sacrifice of the few would be voluntary and not coerced. This is just an initial thought on a subject that requires a great deal of contemplation!
Exactly. That’s what I took your comments to be about.
As a country, we went through this collectively with the Terry Schiavo case, which became politicized as you probably remember. I imagine it must have been an agony for her family to experience it privately, without having to endure it publicly as well. Having said that, going through this collectively was probably very confronting in a society that is fixated on superficialities, youth, and beauty.
“I don’t believe it has anything at all to do with the Holocaust.”
Either do I.
Again, the Holocaust and Herr Hitler were but props in my little morality play.
If *one can justify killing another human being to avoid one’s physical demise by starvation, then it is just a hop and a skip down the road to doing the same to avoid one’s spiritual or historic demise.
FYI: In Polynesia human flesh was referred to as long pork, and housed in very nice, gleaming glass cases at the New York Museum of Natural History is a display of the long tined wooden forks employed to facilitate the consumption of one’s fellow man.
FWI chapter deux: I would introduce a modest proposal at this time for your consideration but a dude named Jonathan beat to the punch in 1729.
P.S. * The ‘if’ is probably where we would find an arena of a difference of opinion.
Namaste
“When is good evil and evil good?”
Ah, that’s the true rub is it not?
I would argue that by themselves the words ‘good’ and ‘evil’ have limited if no innate, intrinsic, indisputable meaning.
Context and ultimate outcome give these codified artifacts of human speech their significance.
Other examples:
‘Fair’ is a place where pigs win blue ribbons.
‘Justice’ is a place where the judge grades his own papers. (H.L. Mencken)
Nothing is truly what it superficially appears to be.
Illusion is the mind’s defense against the realities of life.
My next linguistic exercise will be to translate Joyce’s ‘Ulysses’ into ancient Greek.
spooky!
What an imaginative thought regarding Chronos and the eating of his children. May the Third Parties indeed win over, as the other older parties cannabilize one another.