Shipwrecked

[Sammo]

In 1884, the yacht Mignonette, on passage from Tollesbury, in Essex, to Sydney, Australia, met heavy weather in the South Atlantic. Caught by an enormous breaking wave, the yacht foundered, and her professional crew (which was delivering the boat to its new Australian owner) took to the 13-foot dinghy, where they drifted for three weeks on the empty ocean under a hot and cloudless sky. On the 24th day of their ordeal, the cabin boy, Richard Parker, 17 years old, accepted his fate as the first to go, and the captain did the deed. The survivors dined gratefully on the boy's remains.
A German ship eventually rescued them and took them back to England. Their trial was a sensation of the day. The first line of the defense was that there was no case to answer: The Mignonette, was a registered British ship, and was lost, and the killing of the cabin boy had taken place in an unflagged open boat on the high seas. However the law of the land, argued the defense, had no jurisdiction over the men's conduct in a dinghy in international waters and a thousand miles from the nearest coast, the law of the wild prevailed.
In maritime law, a ship is a fragment of the country under whose flag it sails, a wandering chunk of Britain. However far it travels overseas, it's a vessel containing the laws and customs of its home port. Here is the first law of seagoing: Nowhere on earth can you be as exposed to and alone with wild elements as at sea, yet aboard a boat you never leave the culture of the land.
Unfortunately for the men (and for those of us who would like to get up to `orrible deeds in dinghies beyond the 12-mile limit), this reading of the law ran counter to a section of the British Merchant Shipping Act of 1854, which held that a British seaman was subject to English law whether he was on or off his ship, and that the dinghy, was, an integral part of its parent yacht, therefore it was the same as if they had done him in on Plymouth Hoe. The captain and mate of the Mignonette were found guilty of murder, sentenced to death, and then granted a royal pardon. It seems the sympathy of the court (and British public opinion) was with them, but a guilty verdict was required to prove that the long arm of the law can extend far out to sea.

I wonder how they would be judged if it happened now, a hundred years on, would it still be the law of the wild, or the law of the land?

…………..

 

[Guest]

Trying to remember the name of the case. Was it R v. Saunders?

My very distant recollection was that the cabin boy was done in - the case was I think for murder rather than eating already dead remains. The principle being: is it permissible to murder someone else in order to save your own life? The answer was no.

I seem to recall that there was an American equivalent in the late 40's/early 50's where a ship sank and the crew and passengers took to a lifeboat. The lifeboat was however in danger of sinking 'cos too many people on board. So the crew took the decision to chuck passengers overboard. The American court decided they weren't guilty of murder because they themselves would have died if they hadn't done it.

I also seem to remember there was an English case involving the IRA in the late 70's/earlt 80's - called I think something like R v. Lynch, where a defendant successively pleaded as a defence to being an accessory to murder that he would have been killed if he hadn't helped out. Hmmm, a very distant memory so could have got it wrong - maybe he was convicted after all!

 

[SteveE]

They deserved to be done for Murder, for being so stupid to admit to something, that could never have been proved especially if to a man they all denied it!!

 

[robind]

British stiff upper lip I guess! OK if its not your son! Justice is for all (or is it?) these were the days of "The Law is an ass, sir!"
Rob

 

[l'escargot]

The whole crux of the case was that they didn't draw straws to decide who was eaten, as was the custom at that time, they just ate the weakest survivor - full story in The Custom of the Sea by Neil Hanson. It wasn't so much what they did as how they went about it - even cannabilism has conventions. /forums/images/graemlins/cool.gif

 

[Sammo]

I don’t think they expected to be charged with anything as up until then it was perfectly normal to resort to cannibalism, starting with the lowest rank. And it seems that on the high seas it was not the general rule to pick up survivors as they were just seen as more mouths to feed.

To the second part. I think that in theory if it happened today to different people yet under similar circumstances:

First they would be met off Falmouth by a convoy of small boats containing the media all trying to get an exclusive.
On landing a deal would be struck with a tabloid who’s representatives would then take the offending pair to the Falmouth Hilton for a slap up meal and a good nights sleep. During the night the tabloid would contact the relatives of the two and have them flown to Falmouth for a tearful reunion all expenses paid.
The next morning the search was on for a police station that would be open, after finding one the pair would be marched in front of the desk sergeant. Who then, on realizing the amount of paperwork involved, would take details and give them a crime number.
Three days later they would be summoned before the Chief constable and get a fearsome telling off and be told in no uncertain terms that cannibalism in any shape or form was totally unacceptable and they were not to do it again.
In the meantime Goodbye magazine had found the cabin boys girlfriend and promising £100,000 and a boob job had secured exclusive rights to her story, as soon as the tabloid representatives found out about the girlfriend they disappeared north to search for the girl and were never seen again.
Robbed of their promised wealth the pair arrived in Tollesbury destitute and threw themselves on the mercy of the local council who offered them housing, financial help and counseling.
Three months later the skipper was contacted by the health and Safety and was advised that as the recovered dingy had been inspected and was not in a seaworthy condition he was liable for a hefty fine, (to be determined).
Six months later the two were contacted by the crown prosecution and advised they were liable for a fine of £2,000 each. However this would be wavered if they agreed to do a six week refresher course on boat handling (with emphasis on rogue waves), which they did.
To date, both men have done well, with the skipper appearing on TV reality programs, Castaways and Love Island.
While the Mate is a regular on Ready Steady Cook.

……..

 

[claudio]

Brilliant, LOL, had me in stitches

 

[Dave_Snelson]

There has been more than one case of this. There has even been a song written about it.

The other case I know of is of a cabin boy aged 16. His name was Owen Coffin (unfortunate surname, given the circumstances) who was eaten by his crew.

Owen Coffin was cabin boy aboard the whaler Essex, which was destroyed by a sperm whale in 1819. Owen ended up in the lifeboat with Captain Pollard, his uncle. Two other lifeboats also put out. During the next 3 - 4 months, the lifeboats separated. One was never seen again, but some of those on the remaining two boats were eventually rescued.

The long journey was an attempt to reach Peru. The Marquesas islands were much closer, but were known to be inhabited by cannibals.

During those long months at sea (and on desert islands), many of the men died. The remainder eventually had to resort to cannibalism to survive. After the dead of natural causes were consumed, the men determined to draw lots to see who would sacrifice his life for the others. Owen Coffin ``won'' the lottery. The Captain tried to take Owen's place, but the youth insisted on his ``right''. The executioner was also drawn by lot. That ``winner'', another young man named Charles Ramsdell, also tried vainly to swap places with Owen. Again he refused. Owen's body kept the others alive for ten days (Captain Pollard refused to eat his nephew). Another man died, and his body kept Pollard and Ramsdell alive a few more days until they were rescued.

Ultimately 8 of the 20 sailors of the Essex survived.

Now to the song - one of my all time favourites - "Nantucket Sleighride" by a band called Mountain. Parts of the music to this song were used in a documentary program called "Weekend World" many years ago. Remember that? The song, which stands alone for its brilliance, is about the whalers of the 1800's and the hardship the crews endured. In specifics, Owen Coffin is not mentioned, but the haunting undertones of the guitar playing and certain refernces to "coming home soon" leave no doubt, once know about Owen Coffin. The best version I know, is the 17 minute 38 second version taken off the "Mountain Live album - and of course, its the live version. If, like me, you are an aging rocker, then do your ears a favour and get hold of a copy.

Cheers
Dave

 

[snappy]

Well well, what a place to find another Mountain fan, cheers Dave, if Leslie West is still alive let me know when he tours the UK. Like you I stumbled on this story via the Nantucket Sleighride album and it really gets to you. Apparently the name Coffin is still common around Nantucket, I have promised myself a pilgrimage there when I retire.

 

[moodycruiser]

Brilliant piece /forums/images/graemlins/laugh.gif
[ QUOTE ]

While the Mate is a regular on Ready Steady Cook.

……..

[/ QUOTE ]

...... but I hate to think what the mates signature dish is .......

 

[Dave_Snelson]

One of the band - Felix Pappalardi - was killed by his wife, so the band can never reform (sadly). Leslie West has tried to tour but unsuccessfully and sank into obscurity (again, sadly). I think he does bits and pieces but not in a commercially viable form these days. Steve Knight on drums? I haven't a clue.

If you know better than me, then please let me know.

Cheers
Dave