Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1886-04-10

The Rights of Passengers and Duties of Sailors
The loss of the steamship Oregon recall;
! The famoussnae Of the United States against
Alexander Hoinles 1t vas tried in the
United States Circuit Court at Philadelphia
| in 1872 II is said 10 be the only case in
which the rights ofpassengers and the duties
Of sailors in case OF shipwreck were
ever iutiiciully cdnsidered The facts in
brief We're about these: in March, 1871, the
ship William Brown sailed from Liverpool
for Phialelphia She carried about sixty
five passengers and u crew of seventeen.
Ga Monday night, the 18th OF March, she
struck an iceberg in midocean and sank in
about an hour. The captain, some six or
seven OF the crew and one passenger pushed
of in the jolly boat, and themate with eight
sailors aud thirty two passengers were
crowded in the long boat, which was about
twenty feet long, three feet deep and six
feet il The beam. Some thirty passengers
went dowa with the ship.
There were several days provisions in the
long boat, but she was crowded and in q
leaky condition. Her gunwale was within
less than :. foot OF the SEA. The crew roWed
and the passengers bailed 1t was with diff.
ficulty she was kept ailoat. The danger of
sinking was at all times imminent On the
second night 4 storm came up, and the
waves grew higher and higher. 1t seemed
impossible 10 keep atloat.
AT Il signal from the mate, Holmes, tie
defendant, one of the crew, began throwing
the passengers overheard. No lots were
cast. Holmes and the rest of the sailors
threw ovei board sixteen passengers, includ-
iug TWO womeu Holmes was the ablest
and bravest of the seamen. At the time Of
the sinking Of the ship, he returned to it
just before she sans and rescued a sick wo-
man lie Sailed" the long boat. He en-.
couragei the crew and passengers. He al
most stripped himself to give his clothes to
keep the women warm. He worked like q
Trojan.
On Wednesday, the second day after the
shirwreci, he sighted aud signaled a ship.
ard all the survivors were rescued by the
passing vessel. The captain and those with
him i'll the other hoat were picked up, after
six days floating about, by another vessel.
Holmes was tried Tor mauslaughter. under
the United States statute, for throwing the
Passengers, overheard. He was ably de
Tended by distinguished counsel David Paul
Brown being NJ them. His defense was
! based upon the right Of self preservation.
His COUNSEL urged that when The ship went
down tho voyage was al an end, and that
from that time The sailors and passengers
were on tuuAi terms. nmd that all were re-
| ducei 10 state. II nature OF which self-pre-
servajiuu uas iiit. first law.
! TIE cnnn. h"w vn", ruled against the
| prisoner, and Il" va. convicted aud sentenc.
cd 10 >% nDntis imprisonment at hard
! labor. The court hr!,!. in substance, that,
III east Of extreme danger, the sailors are
bound by Jaw, if need be. to sacrifice their
lives to save he lives Of the passengers;
that the sailors bad no right to sacrifice the
lives Of pas, engcrs tn save their own; and
that while TWO sailors might struggle with
each other for he same plank, which can
save but Que. il the passenger is on the
plank even The law Of necessity will not
JUSTLY the sailor in taking it from him.
TIE court further held even, as between
sailors, in such emergency all should have
an tquai chance for life, and where the sac
rilicc nf lie is necessary the doomed one
should te fairly selccted by lot.