The Queen v. Dudley & Stevens trial (18+)

2024 Author: Seth Attwood | [email protected]. Last modified: 2023-12-16 15:55

Cannibalism is considered the lot of wild tribes. However, in the 19th century, a British court tried a case of so-called "cannibalism for the sake of survival."

The trial known as "The Queen vs. Dudley and Stevens" took place in Britain in the late 19th century. So far, this case is a case law in the courts of common law, although cases in respect of which this precedent can be used are fortunately extremely rare. And the fact is that in 1884 the crew of the wrecked yacht "Reseda" was forced to kill the cabin boy Richard Parker so that the rest of the crew could survive.

Cannibalism for survival

Incidents such as those on the Reseda are commonly referred to as "survival cannibalism." The researchers note that in the British navy from 1820 to 1900, there were at least 15 cases of wrecked sailors casting lots and sacrificing one for the survival of the rest.

A terrible tradition was hidden under the euphemism "custom of the Sea" and was reflected in poetic ballads about how the ship's crew kills all the crew members in turn until one survives (how not to remember "Ten Little Indians"). By the way, it is not always clear whether the lot was really cast or not: usually they killed either the weakest, or a servant, or a foreigner. Can blind chance make such an appropriate choice over and over again?

There were other cases in history when the courts considered cannibalism. In America, Alfred Packer was convicted, a gold miner, who was accused of murdering his comrades, although he himself claimed to be innocent for the rest of his life. Members of the Franklin expedition were suspected of cannibalism, which went to the Arctic in 1845 and disappeared two years later. The same suspicions were in relation to Greeley's Arctic expedition in the 1880s - during this dangerous journey, 18 of the 25 participants died, and the exhumed bodies raised dire suspicions.

By the way, ten years before the crash of the Reseda yacht, Britain could have obtained a precedent for cannibalism for the sake of salvation. In 1874, the ship Euxine was wrecked in the South Atlantic by fire.

One of the lifeboats, in which the second mate Archer was, lost contact with the others. When they were picked up and dropped off in Java a few weeks later, Archer revealed that they had to follow the "custom of the sea" and cast lots for who died. By an incredible coincidence, the choice fell on the weakest. The case began to be considered on the territory of Singapore, for a long time they could not decide whether to send the accused to Britain, and then they quietly hushed up.

Maritime custom: the choice of the crew of the yacht "Reseda"

In 1883, Australian lawyer John Wont, who dreamed of exploring the Great Barrier Reef, bought the yacht Mignonette in England. She went to Australia on her own, although she was not intended for such long journeys. However, Wont found the capital of Tom Dudley, who was ready to take the risk. In addition to the captain, there were three other people in the crew: assistant Edward Stevens, sailor Edmund Brooks and completely inexperienced cabin boy Richard Parker.

In order not to get caught by the pirates, the captain did not come close to the shore. Sailing away from the coast of Africa, the yacht suffered from a single wave of incredible strength (British sailors call them rouge wave, "rogue wave"), "Reseda" sank in just three minutes. During this time, the crew managed to launch the boat, but they did not manage to take any supplies with them, except for two cans of canned food. Including they did not have fresh water. And the hopes for salvation too - the nearest coast was more than 1000 kilometers.

For 16 days, the sailors ate only canned turnips, which they managed to take from the yacht, and also once they managed to catch a turtle.

Then they decided to resort to the "custom of the sea" and choose one to donate. The die was not thrown - young Parker by that time was so exhausted that it was clear to the others that his days were practically numbered. Moreover, he drank sea water, which is absolutely forbidden to do. After much debate and doubt, the fate of the cabin boy was decided. And five days later, the wrecked sailors were picked up by a German ship, which delivered them to the British port of Falmouth.

Queen vs. Dudley and Stevens

There is no article for cannibalism in English law, so the crew of the Reseda was charged with first-degree murder. However, the matter was very difficult: all its circumstances could be judged only from the words of the participants (who, however, did not hide anything).

Public opinion was on the side of the sailors, and even the brother of the killed Parker expressed words of understanding and support to the rest of the crew. But Home Secretary William Harcourt insisted that a trial was necessary: the barbaric "custom of the sea" was time to end.

In the end, only the captain and the assistant were in the dock - sailor Brooks was a witness at the trial. In exchange for his testimony, he was released from prosecution. Captain Dudley took it upon himself: “I prayed fervently that God would forgive us for such an act. This was my decision, but it was justified by extreme necessity. As a result, I only lost one team member; otherwise everyone would have died."

The court found itself in a very difficult situation: it was obvious that killing a team member was the only way to save the lives of the others. As a result, Judge John Walter Huddleston got the jury to deliver a special verdict. In it, the jury outlined their position, but the decision on guilt or innocence was left to the judge.

The case was then assigned to the High Court of the Queen's Bench. He concluded that Dudley and Stevens were guilty of first-degree murder, that is, the sailors were sentenced to be hanged. But at the same time, the court petitioned the queen for a pardon. As a result, the sentence was reduced to 6 months in prison, which Dudley and Stevens had already served by that time.