R v Dudley and Stephens

Read this description of the famous Queen v. Dudley and Stephens case. As you read, consider whether you agree with the ruling in this case, and if you would rule differently, as well as why you would do so. This text discusses the famous lifeboat case, which established the legality of choosing to murder out of necessity. Although the details of the case are quite graphic, this fact itself may serve as a prompt for many of us to revise our initial intuitions about the moral status of killing one to save many others.

Facts

The yacht Mignonette was a 19.43 net t., 52-foot (16m) cruiser built in 1867. It was an inshore boat, not made for long voyages. Australian lawyer Jack Want bought it in 1883 for leisure. The yacht could at decent cost be transported to Australia by sailing, it was small and a 15,000-mile (24,000-km) voyage daunted attempts that year to find a suitable crew. It was sailed to Sydney from Southampton on 19 May 1884 with a crew of: Tom Dudley, the captain; Edwin Stephens; Edmund Brooks (1846–1919); and Richard Parker, the cabin boy. Parker was 17 years old, orphaned and an inexperienced seaman.

On July 5, the yacht was running before a gale, around 1,600 miles (2,600km) northwest of the Cape of Good Hope. The vessel was not struggling and Dudley gave the order to heave to so that the crew could enjoy a good night's sleep. As the manoeuvre was completed, and Parker was sent below to prepare tea, a wave struck and washed away the lee bulwark.

Dudley instantly realized that the yacht was doomed and ordered the single 13-foot (4m) lifeboat to be lowered. The lifeboat was of flimsy construction, with boards only 0.25 inches (6mm) thick and was holed in the haste to get it away. Mignonette sank within five minutes of being struck and the crew abandoned ship for the lifeboat, managing only to salvage vital navigational instruments along with two tins of turnips and no fresh water. Theories abound of the structural inadequacies of the yacht that could not withstand the onslaught of a gale.

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 (1,100km) from the nearest land, Saint Helena or Tristan da 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 forwent 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 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 mean 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 later described the scene, "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 crew sighted a sail on 29 July.


Photograph of the lifeboat exhibited at Falmouth in 1884.