Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-08-21

on this point have arisen In cases OF
shipwreck. and happily for the honor OF
British and American sailors. there are
none which reproduce the hideous details
OF the Bourgogne disaster. There are two
cases. however. in which this question
has arisen before the courts and where
their records tell marvellous tales OF suf-
fcring, bravery. devotion. and disaster.
The first OF these IL the United States
vs. Holmes reported in Wall, Jr.. and
involves the wreck Of the American vessel
William Brown. which carried sixty-hve
passengers and a crew OF seventeen. AT
about 10 o'clock on the night of Monday
April 49, 1871. the ship. when about go
miles south OF Newfoundland struck an
iceberg and began TO Ill rapidly. long
boat and jolly-boat were at once low
cred. The captain. second mate. seven Of
the crew and one passenger got into the
latter The remainder OF the crew, one
Of whom was the defendant Holmes, got
into the long-boat with thirty-two pas
sengers Thirty-one terror-stricken NOR
tails were left on the sinking ship to
! perish IN the darkness of that awful
night. To make long and horrible story
short. and 10 draw the veil over scene
OF frightful details. It soon became evi-
dent that the long-boat was leaky and
her capacity overtaxed. Some of the half
clothed and frozen sufferers had to be sac
rificed-had TO be thrown overheard 10
save the others
Under the leadership Of Holmes, who
was bold and experienced sailor, the
crew reluctantly went TO work" and
threw overheard fourteen male passen-
gers and two women. The mates direc-
| tons were mot to part man and wife, and
| not 10 throw over any women and 1t is
uncertain whether the loss OF the two wo-
men was not due to their voluntary act
They were sisters Of one OF the pas
sengers sacrificed. and there was testi-
mony that they chose to share his fate.
The boat thus relieved. lived through
Tuesday night, and on Wednesday morn
ing two other male passengers who had
hidden were cast into the waves, when
clearly there was no necessity for IT,"
Later in the day the ship-wrecked suffer
ers were rescued. Upon the arrival of
the survivors In the United States, Holmes
was indicted in the United States Circuit
Court for the Eastern District OF Penn
sylvania. under an act of Congress pun
fishing manslaughter on the high seas.
The case, Of course, afforded fine scope
for argument. Persons far less acute
than lawyers would have found in the
facts fine grounds for debate.
The court carefully weighed all the cir
cumstances. but ultimately held that the
law Of necessity could not justify sailor
in sacrificing a passenger. The sailor, by
reason of his position, is gound to protect
the passenger. and in doing so TO undergo
every hazard. The duty does not cease, |
tven when danger is most imminent. at |
is duty" said the court, "that rests |
upon him in every emergency in his call |
ing, and from which it would be sense |
less. indeed. to absolve him exactly at |
those times when the obligation is most |
needed"
Holmes was accordingly convicted of |
manslaughter and received light SEN
tence. Even this penalty was subsequent
~ RENTED.
The English case of Reg. VS.. Dudley,
often referred to as "the Mignonette |
case" and reported in IA @. B.. Div. 27S,
and elsewhere, involved a marine disas-
ter which occurred almost at the other
end of the world. The vessel was wreck
ed on July 3. 1884. 1000 miles from the |
Cape of Good Hope, and the men were |
compelled to put to sea in an open boat.
Their supply Of provisions was meagre
and soon became exhausted. Then fright
ful sufferings followed, and on the
18th day, when they had been seven days
without food and five without water, it |
was suggested that some one should be |
sacrificed to save the rest. After much
discussion it was decided to Kill Richard
Parker, a 17-year-old lad. He was Sc
lected, as he had no one dependent upon
him, though it does not appear that he
was advised of the arrangement which
so vitality concerned himself He was
killed with a knife and his companions
fed on his remains for four dsys, after
which they were picked up by passing
vessel.
In this. as in the other case the court
carefully considered the many pros and
cons advanced by counsel, but ultimately
the prisoners of murder and
sentenced them to death, but this SEN
tence was afterwards committed to six
Imprisonment. Lord Chief-Jus-
tice Coleridge. in his remarks on the sub
ject, said;
THE duty in case of shipwreck of a
captain TO his crew, of the crew TO the
of soldiers TO women and chill
dren. as in the noble case of the Birken-
head-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, 1t is 10 be hoped, in England, will
men shrink, as. indeed they have not
shrunk. 1t is not correct, therefore. to
say that there is any absolute or unquali-
fed necessity 10 preserve ones life.
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