THE CUSTOM OF THE SEA

See Also: THE CANNIBAL DEAN; CLASS; MEAT; NAUTICAL; MENU

The Custom of the Sea held that cannibalism was an acceptable practice for sailors to engage in if they found themselves to be in extreme circumstances. However, by the late 19^thC British middle-class morality had reached a state where many of its practitioners felt compelled to try to impose their worldview upon what happened upon the high seas.

In 1884 Edmund Brooks, Tom Dudley, and Edwin Stephens, and a youth Richard Parker, were hired to sail the Mignonette, a leisure yacht, to Australia. While the craft was making her way across the South Atlantic she ran into a storm that damaged her badly. The four men took refuge in the vessel s lifeboat. The speed with which the misfortune had occurred was so fast that they took with them only two tins of food and no fresh water. Their situation was relieved a degree when they caught and ate a turtle.

As their situation deteriorated the men talked about cannibalism as a means of giving the survivors a chance of living. No agreement was reached upon the matter. Parker slipped into a coma. The other three discussed whether or not they should kill him and eat his body. Brooks refused to be a party to any such action. Finally, with Stephens's compliance, Dudley cut the boy's jugular with a penknife. All three men then engorged themselves upon the corpse's flesh. Five days later they were rescued by a passing vessel. They had been adrift for almost a month.

The trio were put ashore at Falmouth. The loss of the Mignonette meant that they were legally obligated to make depositions about what had happened to them. All three gave statements. When they did so, they were under the impression that the Custom of the Sea exonerated them of murder because of the extremity of what they had been experiencing at the time. In London, the Home Office saw an opportunity to subject the Custom to the Common Law. At the time, there was a Liberal government. However, the presiding Home Secretary, Sir William Harcourt, had a firm belief in law and order. His views had been underscored by his having had to deal with the state's response to a Fenian terrorist bombing campaign that London had been subjected to. It was resolved that the men should be tried.

Falmouth was a maritime town. Therefore, there was considerable sympathy for the men there in view of what they had undergone; Parker's brother, who was himself a sailor, expressed his solidarity with them. Initially, it seemed to be unlikely that the action against them would succeed. The decision was made not to press any charges against Brooks. This meant that he could act as a prosecution witness. Money for the defence of the other two was raised by a public subscription.

At Exeter Assizes the case was presided over by Sir John Huddleston. The judge had been born into a maritime family. It was reputed that the colour of the gloves that he wore when arriving at court on any given day signalled initially what type of trial he was presiding over and then what verdict he believed should be brought in. A black pair indicated the death penalty.

Huddleston was determined that Dudley and Stephens would hang. Employing a special verdict, a legal procedure that had not been used for over a century, he railroaded the case through the provincial proceedings. It was then transferred to the recently built Royal Courts of Justice on the Strand. There, the convictions were secured. The case established the precedent that necessity was no defence for having committed murder. The two sailors were executed in Holloway Prison.

Judge Huddleston died in 1890. Prior to his passing he had stated that he wish that his corpse should be cremated.

Location: 43 Ennismore Gardens, SW7 1AQ. Sir John Huddleston's home. (blue, turquoise)

Holloway Prison, 341-343 Holloway Road, N7 0RN

The Royal Courts of Justice, Strand, WC2A 2LL (red, blue)

David Backhouse 2024