Captain's Dinner: The Story of the Mignonette
A Shipwreck, an Act of Cannibalism, and a Murder Trial that Changed Legal History. Four men in a lifeboat.
Two weeks without food. One impossible choice that would reshape the boundaries between survival and murder. On May 19, 1884, the yacht Mignonette set sail from England on what should have been an uneventful voyage. When their vessel sank in the Atlantic, Captain Thomas Dudley and his crew found themselves adrift in a tiny lifeboat. As days turned to weeks, they faced an unthinkable choice: starve to death or resort to cannibalism.
My guest for this episode is the author of Captain's Dinner, Adam Cohen. For more about Captain's Dinner please visit the publisher's web site.
*Disclosure: An advance complimentary copy of Captain's Dinner was provided to Shipwrecks and Sea Dogs by the publisher. No other remuneration was given to Shipwrecks and Sea Dogs or Rich Napolitano for Mr. Cohen's participation in this episode. **No AI was used in the production of this podcast. Written, edited, and produced by Rich Napolitano. All episodes can be found at https://www.shipwrecksandseadogs.com. Original theme music by Sean Sigfried. Listen AD-FREE by becoming an Officer's Club Member ! Join at https://www.patreon.com/shipwreckspod
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Listener note The following
episode contains a depiction of
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cannibalism.
While brief, it may not be
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suitable for children.
It's the 5th of July 1884.
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00:00:16,280 --> 00:00:19,920
Captain Thomas Dudley and his
small crew of three are on board
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00:00:19,920 --> 00:00:22,400
the yacht Mignonette in the
South Atlantic.
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Dudley was hired to deliver the
52 foot vessel from England to
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Sydney, Australia.
A dangerous journey for the
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00:00:30,480 --> 00:00:34,400
small yacht, but it was good pay
and Dudley desperately needed
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the money.
The journey had mostly been a
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pleasant one, but for the past
week a relentless Gale had
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battered the vessel, tore at its
sails and pushed the crew to
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exhaustion.
After a brief reprieve as they
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sailed through the center of the
storm, winds and waves returned
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to torment them.
Dudley orders the mainsail
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reefed, the storm try sail set
and takes the help to point the
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mignonette into the wind, a
maneuver to reduce the impact of
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the waves.
As she comes about, waves crash
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into her broadside, rolling her
dangerously over to one side
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before finally riding herself.
The crew struggle to keep their
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footing as the yacht battles the
violent seas.
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Seaman Edward Brooks has been
securing the ship's dinghy,
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while Captain Dudley covered the
skylight with spare canvas.
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Sail cabin boy Richard Parker,
an inexperienced and seasick
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teenager, could do little to
help.
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First Mate Edwin Stevens, now at
the helm, looks up to see a
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towering monster, a wall of
water looming over them.
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It is higher than the main mast,
at least 60 feet, he thinks to
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himself.
Brooks wraps 2 full turns of
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rope around his arm, lashing
himself to the ship, and
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prepares for the crushing force.
Captain Dudley calls out to
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Parker.
Look out.
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The monster then cascades down
on the helpless yacht, the Rogue
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Wave completely engulfing her
with full fury.
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Stevens is thrown violently
against the bulwark, and the
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vessel drops into a deep
through.
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Following the wave, it's stern
plunges hard into the water,
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completely awash, before popping
up again.
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Pulling himself back up, Stevens
peers toward the bow of the
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ship.
He cries out.
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My God, her topsides are stove
in.
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She is sinking.
Brooks quickly cuts the dinghy
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free with an axe and lowers it
into the rough seas below.
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Dudley and Parker rush below
deck to retrieve a cask of fresh
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water.
They hurl it over the side near
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the dinghy, but the strong
current quickly whisks it away
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before Brooks could grab it.
Stephenson Parker then climbed
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down aboard the dinghy, but
Dudley hesitates, knowing there
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is no food or water in the tiny
boat.
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He wades into the chest deep
water below and grabs 6TIN cans
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of meat, or so he believes.
Hopefully it will be enough, he
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says to himself.
But that is all he can do as the
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ship is sinking quickly.
Dudley scrambles to the main
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deck and down the stern as the
vessel underneath him churns and
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groans in its final moments.
He leaps into the dinghy but in
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doing so manages to hold on to
only one of the 10s in his arms.
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One other is retrieved out of
the water but the remaining are
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lost.
Dudley's disappointment is clear
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when he sees the two 10s he
managed to save do not contain
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meat but turnips.
Worse yet, a hole had been
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00:03:40,960 --> 00:03:43,560
punched in the dinghy when it
was cut loose, and it was
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leaking badly.
Dudley, Stevens, Brooks and
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Parker watch as the mignonette
disappears under the waves.
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They are in the middle of the
South Atlantic, struggling to
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stay afloat in a flimsy, leaking
wooden lifeboat over 1000 miles
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from the nearest land, with no
fresh water and only two cans of
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00:04:04,640 --> 00:04:08,200
turnips.
The long days ahead will be a
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test of their courage, sanity
and their very humanity.
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Captain's Dinner.
The story of the Mignonette
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today on shipwrecks and sea
dogs.
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Hello, and welcome to Shipwrecks
and Sea Dogs, tales of mishaps,
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00:04:55,600 --> 00:04:58,880
misfortune and misadventure.
I'm your host, Rich Napolitano.
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Today I'm very honored to be
joined by author Adam Cohen, and
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we will be discussing his new
book, Captain's Dinner.
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Adam, thank you so much for
joining me.
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Oh, it's great to be here.
The true story you tell in
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00:05:12,520 --> 00:05:15,280
Captain's Dinner is a bit
different from the usual
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maritime story that I cover on
this podcast.
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Your book poses the question, is
it ever acceptable to sacrifice
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an innocent person for the sake
of others?
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It's a maritime story, but it's
also a quite interesting legal
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drama with some pretty deep
ethical perspectives.
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Before we get into the details,
would you like to give a brief
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synopsis just to introduce the
listeners to the story?
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Sure, it's a story about a
captain and a crew of three who
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00:05:43,760 --> 00:05:48,160
are hired to deliver a yacht
from England to someone who
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00:05:48,160 --> 00:05:52,800
bought it in Australia.
And it's not an easy journey for
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00:05:52,800 --> 00:05:55,120
a yacht that size.
And in their case, it went very
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00:05:55,120 --> 00:05:57,120
badly.
There was a shipwreck.
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00:05:57,440 --> 00:06:00,000
The four men escaped in a little
lifeboat.
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00:06:00,360 --> 00:06:02,480
They have very little food and
very little water.
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00:06:02,480 --> 00:06:05,360
And eventually the captain
decides that to keep them alive,
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00:06:05,680 --> 00:06:09,560
they will kill the cabin boy and
eat him, which they do.
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00:06:10,000 --> 00:06:13,200
And then a few days later, the
three survivors are rescued by a
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00:06:13,200 --> 00:06:15,840
passing ship.
They return to England.
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00:06:16,080 --> 00:06:18,520
They tell everyone what they
did, that they killed the cabin
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boy because back then you were
allowed to do that.
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It was called the custom of the
sea, and it was not so uncommon.
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00:06:24,760 --> 00:06:27,800
What was a shock to them is that
they were actually arrested and
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put on trial for murder the
first time that it happened.
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00:06:30,720 --> 00:06:34,320
And the book is about the
shipwreck, the aftermath, and
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00:06:34,320 --> 00:06:37,520
then what happens to them when
they are charged with murder for
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that.
And we're going to get into all
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those details in just a moment.
But you're suited to write the
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story as you're not only an
author but a lawyer.
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Do you want to provide a short
bio of your background regarding
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00:06:49,880 --> 00:06:53,240
this?
Sure, I am a lawyer and a writer
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00:06:53,240 --> 00:06:55,880
and I was a public interest
lawyer out of law school.
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00:06:55,880 --> 00:06:58,960
And then I became a journalist.
I worked for Time magazine in
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00:06:58,960 --> 00:07:01,760
the New York Times.
This is actually the 6th book
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00:07:01,760 --> 00:07:03,800
I've written.
And I will say this book comes
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00:07:03,800 --> 00:07:07,120
directly out of my law school
experience because I didn't
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actually learn this case in law
school, but my law school
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roommate did.
And as it happened, first year
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of law school, he and I gave a
Halloween party.
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Come as your favorite case or
legal doctrine.
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00:07:17,200 --> 00:07:20,440
My law school roommate, who's
now a federal judge, came as the
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captain and he, he put raw
chicken parts around his neck,
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which he, he recalled to me just
the other day, spattered with
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ketchup for the blood.
And he made quite an impression
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on everyone at the party and on
me.
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So it made me think about the
case back then.
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And when I was thinking about
what I wanted to write about
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next, I thought back to that
party, that little cannibalism
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costume, and it kind of got me
started.
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That's quite a back story.
So getting into the story, we're
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talking about a vessel called
the Mignonette.
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It was not a very large vessel.
It was only 52 feet, large boat
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for the average person, but not
an ocean going vessel by any
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stretch.
So what factors were going on,
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00:08:03,280 --> 00:08:07,440
both on a larger scale in
England and on a more personal
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00:08:07,440 --> 00:08:11,560
note to Thomas Dudley, that led
him to accept this job to sail
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the Mignonette to Australia?
Yeah, so there was a little bit
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of desperation in the air.
This was the what they call the
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dying age of sail sailing was on
the way out and this year was
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actually 1884.
When this all occurred was
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actually the precise moment when
the tonnage carried by
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steamships and in in Britain
surpassed the tonnage carried by
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00:08:33,280 --> 00:08:36,600
sail ships.
So if you were a sailor, your
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00:08:36,600 --> 00:08:39,039
career opportunities were
diminishing very rapidly.
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00:08:39,159 --> 00:08:41,960
There was a second thing that
added a little bit of air of
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desperation, which is quite a
few people in the captain's
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position and the cruise
position.
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We're thinking about escaping
England because that way of life
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was winding down and going to
Australia.
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The one thing about this
particular assignment is it was
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not only a well paying job and
the purchaser of the yacht, they
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00:08:58,440 --> 00:09:02,280
pay a little extra because of
the danger of the journey, but
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00:09:02,280 --> 00:09:05,920
also it gave all four of the men
an opportunity to see Australia
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and all four of them were
thinking about maybe moving
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00:09:08,600 --> 00:09:10,520
there.
It was actually a very expensive
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00:09:10,520 --> 00:09:12,720
thing back then to be able to
travel there.
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00:09:12,880 --> 00:09:16,120
So you're average sailor or
captain didn't really have the
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00:09:16,120 --> 00:09:18,800
money to just take a vacation
and check out Australia.
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00:09:18,800 --> 00:09:21,680
So this would have been a way on
someone else's dime to take a
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look, see what what Australia
looked like, what living there
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00:09:24,520 --> 00:09:27,000
looked like, what the career
prospects for sailor looked
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like.
So those were some of the
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reasons that they overcame the
concerns they all had about
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00:09:32,640 --> 00:09:35,920
making a pretty.
Challenging journey, yeah.
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00:09:35,920 --> 00:09:39,720
And even by 1884, you know,
Australia had been settled about
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100 years prior, but even by
1884, it was a place to escape
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00:09:44,680 --> 00:09:47,800
and and start over.
So I could see why, you know, in
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the changing climate of England
and the industrial revolution,
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00:09:51,520 --> 00:09:54,920
etcetera, they'd want to perhaps
start fresh in Australia and
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maybe something better for their
family was there.
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00:09:58,280 --> 00:10:01,040
That's exactly right.
And also because there was a bit
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00:10:01,080 --> 00:10:03,680
of an economic booming on there,
a lot of investment.
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00:10:03,840 --> 00:10:06,320
It was getting a reputation as a
working man's paradise.
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00:10:06,320 --> 00:10:08,600
The wages were going there were
jobs were plentiful.
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00:10:08,800 --> 00:10:11,200
So it was seen as a land of
opportunity for sure.
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00:10:12,360 --> 00:10:15,360
Now Dudley needed a crew.
As is obvious it was not going
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00:10:15,360 --> 00:10:18,400
to be an easy journey on this
small boat going through the
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00:10:18,400 --> 00:10:21,440
Atlantic, around Africa, through
the Indian Ocean.
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00:10:21,720 --> 00:10:24,640
So he had some trouble finding a
crew.
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00:10:24,840 --> 00:10:28,920
How did that shape up for him as
far as who we hired originally
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00:10:28,920 --> 00:10:31,240
and and then who wound up part
of his crew ultimately?
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00:10:31,520 --> 00:10:33,840
Yeah, it's a great point.
When you make a journey like
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00:10:33,840 --> 00:10:36,400
this, if you're the captain, you
do need to find a crew.
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00:10:36,400 --> 00:10:38,000
And as you say, it's not always
easy.
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00:10:38,000 --> 00:10:40,600
We we all know stories about in
those days, sometimes there
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00:10:40,600 --> 00:10:43,800
would be things like impressment
and Shanghai and sailors because
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00:10:43,800 --> 00:10:46,080
they they needed labor and
sometimes the labor was
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00:10:46,080 --> 00:10:48,960
available, sometimes it wasn't.
So there was interest in the in
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00:10:48,960 --> 00:10:53,040
this journey for sure.
And there was a labor force out
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there to do it, but there were
concerns about the safety of it.
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00:10:56,440 --> 00:11:00,240
So the first person he hired to
be his mate signed up to do it
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and then backed out.
And his name is actually still
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00:11:02,720 --> 00:11:04,720
on the papers, but he backed
out.
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00:11:04,720 --> 00:11:08,280
It seems like he backed out
because of fear of what would
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00:11:08,280 --> 00:11:11,080
happen on the trip, whether this
ship was really going to make it
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00:11:11,080 --> 00:11:13,120
there.
He signed up a pair of brothers
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who actually started on the
very, very beginning of the
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00:11:16,640 --> 00:11:19,800
journey, the preamble to the
journey, which was getting the
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boat within England to the port
from which it would leave.
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And in that short little trip,
there was a storm.
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And it's possible possible that
what they saw in that storm on
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00:11:30,000 --> 00:11:33,080
the mini net was a factor.
But they also dropped out,
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00:11:33,080 --> 00:11:35,520
probably again because of
concerns about the journey.
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00:11:35,960 --> 00:11:39,680
Eventually, he does get a crew
of three to agree to go.
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00:11:39,880 --> 00:11:43,680
Each of them were warned by
family and friends that this
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might not be a good idea, but
the captain talked them into
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00:11:46,720 --> 00:11:48,880
doing it.
But I do point out as the
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journey begins that it was
probably an ominous sign that
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00:11:52,280 --> 00:11:56,040
literally as many people as he
had hired to do the journey had
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00:11:56,040 --> 00:11:59,080
backed out as agreed to go in
the end, 3:00 and 3:00.
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00:11:59,080 --> 00:12:02,640
So it was a bit of a cloud over
the journey before he even
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00:12:02,640 --> 00:12:05,200
started.
The unfortunate soul on this
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00:12:05,200 --> 00:12:06,960
trip.
His name is Richard Parker.
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Dudley had to do a real sales
job on Parker and some of what
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00:12:11,640 --> 00:12:14,480
he did is really very pointed
now as we know what happened
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00:12:14,480 --> 00:12:18,520
because one of the main reasons
Parker went is Parker was
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00:12:18,520 --> 00:12:20,280
interested also in going to
Australia.
213
00:12:20,520 --> 00:12:22,560
So that was a draw.
He was interested in a good
214
00:12:22,560 --> 00:12:26,440
paying job, which this was.
But also he was an orphan who
215
00:12:26,440 --> 00:12:29,960
very sadly lost both of his
parents at a young age.
216
00:12:29,960 --> 00:12:33,920
He was not even fully educated.
He dropped out of school.
217
00:12:34,160 --> 00:12:37,920
He had some good foster parents
at this point, but he really
218
00:12:37,960 --> 00:12:42,080
didn't have a good education or,
you know, a father figure from
219
00:12:42,080 --> 00:12:44,760
the beginning.
And Captain Dudley held himself
220
00:12:44,800 --> 00:12:47,880
out in that way to the orphan
Richard Parker.
221
00:12:47,880 --> 00:12:51,520
And he even said that he would
tutor him in in reading and
222
00:12:51,520 --> 00:12:52,880
brought some books along the
way.
223
00:12:52,880 --> 00:12:57,360
So for Parker, you know, Parker
said to his stepparents that he
224
00:12:57,360 --> 00:13:00,200
wanted to make a man of himself.
That was one reason he wanted to
225
00:13:00,200 --> 00:13:02,560
go on the journey.
And he did look up to Captain
226
00:13:02,560 --> 00:13:04,160
Dudley.
So that ended that.
227
00:13:04,160 --> 00:13:06,800
As I say, an extra layer of
poignance because this was
228
00:13:07,120 --> 00:13:10,360
almost a parental relationship
between the captain and the
229
00:13:10,560 --> 00:13:13,760
ill-fated cabin boy.
So the Minionette departed
230
00:13:13,760 --> 00:13:19,320
Southampton on May 19th, 1884.
When did the first signs of
231
00:13:19,320 --> 00:13:22,520
trouble appear?
You know, it was really smooth
232
00:13:22,520 --> 00:13:25,760
sailing for quite a long time
and they were writing home to
233
00:13:25,760 --> 00:13:27,600
their families.
They were saying how great
234
00:13:27,600 --> 00:13:30,080
things were going.
They were having a really good
235
00:13:30,080 --> 00:13:32,560
time.
A lot of their initial fears
236
00:13:32,560 --> 00:13:36,240
that this was not something that
would be doable in this boat
237
00:13:36,320 --> 00:13:38,840
really fell away.
They began to be pretty
238
00:13:38,840 --> 00:13:40,480
optimistic about how things were
going.
239
00:13:40,760 --> 00:13:45,440
Then they crossed the equator.
And I do talk about how back
240
00:13:45,440 --> 00:13:49,120
then sailors were very
superstitious and special things
241
00:13:49,120 --> 00:13:51,120
were done to people who were
crossing the equator for the
242
00:13:51,280 --> 00:13:53,120
first time.
And, you know, some of that was
243
00:13:53,120 --> 00:13:55,920
to relieve the boredom.
But there was a real element of
244
00:13:55,920 --> 00:13:58,240
superstition, of course, among
sailors.
245
00:13:58,480 --> 00:14:01,560
And this was seen as a way of
sort of appeasing the gods of,
246
00:14:01,560 --> 00:14:05,200
like, playing them and
requesting their good graces.
247
00:14:05,560 --> 00:14:07,920
Apparently, in the mini net,
they did not do these things,
248
00:14:07,920 --> 00:14:10,200
even though two of the people on
the boat had never crossed the
249
00:14:10,200 --> 00:14:12,480
equator.
And whether it was for that
250
00:14:12,480 --> 00:14:16,400
reason or just, you know, more
meteorological reasons, shortly
251
00:14:16,400 --> 00:14:20,240
after they crossed the equator,
the seas got very rough.
252
00:14:20,280 --> 00:14:22,200
And the ship.
The ship became a different kind
253
00:14:22,200 --> 00:14:25,240
of trip.
They failed to honor King
254
00:14:25,240 --> 00:14:28,880
Neptune's court, as they say.
Yes, that's exactly.
255
00:14:28,920 --> 00:14:30,200
Right.
A lot of superstitions.
256
00:14:30,200 --> 00:14:34,160
But what happens, they come into
some really bad weather and you
257
00:14:34,160 --> 00:14:35,920
know, this tiny ship, they're
out in the middle of the
258
00:14:35,920 --> 00:14:39,560
Atlantic, really not any place
of yacht should be.
259
00:14:39,960 --> 00:14:42,560
And they have some pretty big
challenges with the weather.
260
00:14:42,560 --> 00:14:44,880
They get swamped by a wave.
So what happens next?
261
00:14:45,840 --> 00:14:48,040
Yeah, You know, it was actually
a moment when they thought they
262
00:14:48,040 --> 00:14:51,200
were kind of just able to ride
out this very terrible weather.
263
00:14:51,200 --> 00:14:54,480
And the captain said, Richard,
part of the cabin boy download,
264
00:14:54,480 --> 00:14:56,880
make the fixings for tea.
They were just going to sort of
265
00:14:56,880 --> 00:14:59,560
Hove to and have.
And just as all this was
266
00:14:59,560 --> 00:15:03,360
happening, an enormous wave
comes and got completely swamps
267
00:15:03,360 --> 00:15:07,520
the rips out one of the sides.
And it wasn't really a question
268
00:15:07,520 --> 00:15:10,000
of whether, but when they were
going to escape.
269
00:15:10,600 --> 00:15:13,320
And they make a fairly
miraculous escape.
270
00:15:13,440 --> 00:15:16,120
You know, it's going down and
it's going down quickly, but
271
00:15:16,120 --> 00:15:18,160
they make it into their tiny
little lifeboat.
272
00:15:18,320 --> 00:15:19,720
But a lot of challenges up
ahead.
273
00:15:20,400 --> 00:15:23,520
There were, and one of one of
the challenges was that we're
274
00:15:23,520 --> 00:15:29,040
actually at this point by 1884,
some pretty detailed regulations
275
00:15:29,040 --> 00:15:33,200
requiring captains to have an
appropriate amount of food for
276
00:15:33,200 --> 00:15:36,760
their crew on the ship.
And I actually, when I was doing
277
00:15:36,760 --> 00:15:39,800
the research for those able to
see the documents showing that
278
00:15:39,800 --> 00:15:43,200
the captain, captain who said he
would bring in terms of food and
279
00:15:43,200 --> 00:15:45,120
what kind of food he'd be
offering at different days of
280
00:15:45,120 --> 00:15:46,360
the week.
So there was all that.
281
00:15:46,520 --> 00:15:49,320
But what there wasn't was any
kind of regulation requiring
282
00:15:49,320 --> 00:15:53,080
food on the lifeboat so that he
rushed down below and tries to
283
00:15:53,080 --> 00:15:56,400
grab a few cans.
And he asks the cowboy to grab a
284
00:15:56,400 --> 00:15:59,600
beaker of water.
And they throw some of the stuff
285
00:15:59,640 --> 00:16:03,680
into the water where they hope
it will float because the the
286
00:16:03,680 --> 00:16:07,720
lifeboat was so fragile with a
little bit of food and water.
287
00:16:07,720 --> 00:16:12,000
But by the time they are
actually floating away, it
288
00:16:12,000 --> 00:16:13,480
becomes clear they haven't
brought much.
289
00:16:13,480 --> 00:16:15,480
They did not get the beaker of
water in.
290
00:16:15,720 --> 00:16:19,720
They've got a few tins of food,
but that turns out to be not
291
00:16:19,720 --> 00:16:22,760
meat as they hope, but turnips.
So there they are in this
292
00:16:22,760 --> 00:16:27,880
lifeboat with really no water,
very little food, and also the
293
00:16:27,880 --> 00:16:31,320
lifeboat has sprung a leak which
they're desperately trying to to
294
00:16:31,320 --> 00:16:34,440
plug with, you know, some bits
of like garbage.
295
00:16:34,440 --> 00:16:38,000
And and then they see that their
struggles have really just
296
00:16:38,000 --> 00:16:40,280
begun.
Yeah, I can imagine the
297
00:16:40,280 --> 00:16:44,360
disappointment. 2 cans of
turnips are the only thing they
298
00:16:44,360 --> 00:16:46,960
have.
So yeah, not all, you know, a
299
00:16:46,960 --> 00:16:49,680
little bit of nutrients there,
but not enough and they were in
300
00:16:49,680 --> 00:16:51,240
trouble.
So they're out here weathering
301
00:16:51,240 --> 00:16:55,400
the the waves and the wind and
this tiny lifeboat leaking or
302
00:16:55,400 --> 00:16:58,080
they have just the turnips, no
drinkable water.
303
00:16:58,360 --> 00:17:02,040
Soon after, Richard Parker
starts having some trouble.
304
00:17:02,200 --> 00:17:04,480
He becomes sick.
Now why does he become so sick
305
00:17:05,119 --> 00:17:07,160
so.
Everyone understood that you're
306
00:17:07,160 --> 00:17:11,760
not supposed to drink seawater,
that it's it will get you sick
307
00:17:11,760 --> 00:17:13,640
and probably kill you pretty
quickly.
308
00:17:14,079 --> 00:17:18,200
Richard Parker, He knew that,
but he also really felt that he
309
00:17:18,240 --> 00:17:22,359
couldn't resist.
So he was secretly at night when
310
00:17:22,359 --> 00:17:25,160
the others were watching,
drinking seawater, and it did in
311
00:17:25,160 --> 00:17:34,960
fact get him very sick.
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About 11 days in, the only thing
they've had to eat so far were
351
00:19:55,440 --> 00:19:58,600
the turnips, which they finished
off pretty quickly, and a sea
352
00:19:58,600 --> 00:20:01,280
turtle that they managed to kill
and eat raw.
353
00:20:02,080 --> 00:20:04,680
You wrote in your book that
Dudley makes an announcement.
354
00:20:05,200 --> 00:20:08,240
You write it was necessary, he
told the others, to kill one of
355
00:20:08,240 --> 00:20:11,600
the men in the lifeboat and eat
him so the other three could
356
00:20:11,600 --> 00:20:14,160
survive.
We shall have to draw lots, my
357
00:20:14,160 --> 00:20:17,760
boys.
Can you explain this maritime
358
00:20:17,760 --> 00:20:20,600
custom of drawing lots that
Dudley is referring to here?
359
00:20:21,520 --> 00:20:23,480
Sure.
It was known as the custom of
360
00:20:23,480 --> 00:20:26,280
the sea, and it was not an
uncommon thing.
361
00:20:26,280 --> 00:20:28,640
It's actually been written about
quite a bit.
362
00:20:28,720 --> 00:20:32,040
Edgar Allan Poe only wrote one
novel in his lifetime, and in
363
00:20:32,040 --> 00:20:35,800
that novel there is a drawing of
lots, a custom of the sea, and
364
00:20:35,800 --> 00:20:38,320
someone is.
Someone draws the short lot and
365
00:20:38,320 --> 00:20:43,480
is in one of the great epic
poems by Lord Byron, who's also
366
00:20:43,480 --> 00:20:45,760
drawing of lots.
So this is something that was
367
00:20:45,760 --> 00:20:48,000
well known and and happened
quite a bit.
368
00:20:48,280 --> 00:20:51,800
It didn't mean that sailors
always wanted to do it.
369
00:20:51,800 --> 00:20:56,200
And in this case, when Captain
Dudley first suggested it, not
370
00:20:56,200 --> 00:20:58,480
to the cabin boy who was not
part of these discussions, but
371
00:20:58,480 --> 00:21:01,000
to the other two men, they did
not want to do it.
372
00:21:01,000 --> 00:21:05,000
So he did not get agreement even
though he raised it a few times.
373
00:21:05,400 --> 00:21:08,080
As they continue to go on
without any food or water,
374
00:21:08,480 --> 00:21:11,200
Darker gets even sicker and
sicker and he's not looking so
375
00:21:11,200 --> 00:21:13,720
great.
And Dudley makes a decision.
376
00:21:14,840 --> 00:21:17,800
And the important thing here is
he decides not to draw lots.
377
00:21:18,160 --> 00:21:20,920
Ultimately, that's going to come
into account later.
378
00:21:21,880 --> 00:21:24,400
Right.
So he eventually does convince
379
00:21:24,400 --> 00:21:27,880
one of the other men, his mate
does agree with him that at this
380
00:21:27,880 --> 00:21:30,480
point it should be done.
The third one, a guy named
381
00:21:30,480 --> 00:21:34,120
Brooks, never agrees.
And he always says I would like
382
00:21:34,120 --> 00:21:37,000
to not be killed and I would
like to not kill.
383
00:21:37,000 --> 00:21:40,520
So Brooks actually absence
himself from the whole thing to
384
00:21:40,520 --> 00:21:42,480
the extent that you can on a
tiny lifeboat.
385
00:21:42,480 --> 00:21:46,000
But Brooks, when all this goes
down, goes to the front of the
386
00:21:46,000 --> 00:21:49,680
lifeboat and covers his head
with a raincoat and is not
387
00:21:49,680 --> 00:21:52,400
involved.
But the captain gets his mate to
388
00:21:52,400 --> 00:21:55,200
agree to be part of this
conspiracy to kill the cabin
389
00:21:55,200 --> 00:21:57,160
boy.
And he tells the mate to stand
390
00:21:57,160 --> 00:22:01,320
nearby and be ready to hold the
cabin boy's feet down if if
391
00:22:01,320 --> 00:22:02,800
that's necessary.
It turns out not to be
392
00:22:02,800 --> 00:22:05,280
necessary.
And what happens is pretty
393
00:22:05,280 --> 00:22:07,440
simple.
The captain takes out a knife
394
00:22:07,440 --> 00:22:09,960
that he has.
He approaches the cabin boy
395
00:22:09,960 --> 00:22:13,120
who's lying there on the bottom
of lifeboat kind of groaning.
396
00:22:13,320 --> 00:22:15,920
And it's clear he's about to
slit his foot.
397
00:22:15,920 --> 00:22:19,240
And very pointly, it's also
clear that even though the cabin
398
00:22:19,240 --> 00:22:21,600
boy was sick, he knew exactly
what was going on.
399
00:22:21,600 --> 00:22:25,120
And he looked at the captain,
the captain who remember had
400
00:22:25,120 --> 00:22:27,720
been offering himself up at the
beginning of the trip as a
401
00:22:27,720 --> 00:22:32,280
surrogate father, as a mature.
And he said to him, what me Sir.
402
00:22:32,280 --> 00:22:34,360
And he figured out exactly what
was going to happen.
403
00:22:34,880 --> 00:22:39,560
The captain then does quickly
slit the cabin boy's throat, and
404
00:22:39,600 --> 00:22:44,080
the real rush at that point is
not for the meat of the cabin
405
00:22:44,080 --> 00:22:47,400
boy, but for the blood, because
people die a lot faster of
406
00:22:47,400 --> 00:22:51,920
thirst than they do of hunger.
So what then went on was the
407
00:22:51,920 --> 00:22:55,720
captain and the mate capturing
the blood as it spurts out of
408
00:22:55,720 --> 00:22:58,400
the cabin boy's neck and
drinking it.
409
00:22:58,400 --> 00:23:02,320
And at this point, Brooks, who
had been not participating, when
410
00:23:02,320 --> 00:23:06,120
he sees what has happened, he
does ask if he can have a little
411
00:23:06,120 --> 00:23:10,080
blood, and he's given a little
bit, but he finds it has
412
00:23:10,080 --> 00:23:12,920
glaculated quite quickly.
But they do drink the cabin
413
00:23:12,920 --> 00:23:15,160
boy's blood.
And then Next up, they begin
414
00:23:15,600 --> 00:23:18,840
eating some of his organs while
they're still warm, as they
415
00:23:18,880 --> 00:23:21,720
recall later, and then
eventually eating other parts of
416
00:23:21,720 --> 00:23:25,080
his body as well.
Yeah, And obviously all of this
417
00:23:25,080 --> 00:23:29,160
is quite gruesome, especially to
our modern ears.
418
00:23:29,160 --> 00:23:33,560
But you know, this is where it
gets interesting because all of
419
00:23:33,560 --> 00:23:36,080
us would would say, Oh my gosh,
I would never do that.
420
00:23:36,080 --> 00:23:39,840
This is terrible.
But the truth is we don't know
421
00:23:39,840 --> 00:23:44,240
what it's like to be stuck out
on a boat, dying, starving.
422
00:23:44,400 --> 00:23:47,600
You start to lose your mind and
you're not thinking straight.
423
00:23:48,440 --> 00:23:51,600
And this is where this whole
story and what you write in your
424
00:23:51,600 --> 00:23:55,280
book comes into play with the
ethics and the morals and the
425
00:23:55,400 --> 00:23:57,920
how this whole practice was
seen.
426
00:23:58,320 --> 00:24:04,040
Time, the morality of taking
such action to save three people
427
00:24:04,040 --> 00:24:07,920
when you can sacrifice 1.
And when was that proper?
428
00:24:07,920 --> 00:24:10,960
When wasn't it?
That's really the whole crux of
429
00:24:10,960 --> 00:24:14,600
this story, as it's going to
play out legally anyway.
430
00:24:16,640 --> 00:24:18,200
So this is really the turning
point.
431
00:24:18,760 --> 00:24:23,160
So we have Captain Dudley and
Edwin Stevens and Edmund Brooks
432
00:24:23,720 --> 00:24:26,120
are still alive.
Dudley's killed Richard Parker.
433
00:24:26,280 --> 00:24:30,480
They have some food to eat,
let's just say, but they're
434
00:24:30,480 --> 00:24:33,600
still stuck out in the Atlantic.
What kind of struggles did they
435
00:24:33,600 --> 00:24:35,920
face even after they killed
Richard Parker?
436
00:24:36,720 --> 00:24:39,880
Yeah, well, it's very rough
being in this tiny little boat,
437
00:24:39,880 --> 00:24:43,240
this tiny little lifeboat on a
raging sea that, remember, has
438
00:24:43,240 --> 00:24:45,160
already destroyed their much
bigger boats.
439
00:24:45,160 --> 00:24:48,480
They're very worried about will
the boat itself be, you know,
440
00:24:48,800 --> 00:24:51,480
vanquished by the waves.
And you've got to think there's
441
00:24:51,480 --> 00:24:53,800
a very good chance of that.
They're also worried about
442
00:24:53,800 --> 00:24:55,680
sharks.
On the first night, there was a
443
00:24:55,680 --> 00:24:58,760
shark that the first night in
the lifeboat that began rabbing
444
00:24:58,760 --> 00:25:00,840
from underneath and nearly
capsized the lifeboat.
445
00:25:00,840 --> 00:25:03,960
They've asked to eat the shark
off off, but they were worried
446
00:25:03,960 --> 00:25:05,800
that another shark would destroy
the lifeboat.
447
00:25:06,000 --> 00:25:08,200
But mainly they were worried
about where would their
448
00:25:08,200 --> 00:25:11,120
salvation come from.
They were very far from any
449
00:25:11,120 --> 00:25:12,760
land.
They kept hoping, well maybe
450
00:25:12,760 --> 00:25:16,680
we'll survive and we'll be able
to hit land and and disembark.
451
00:25:16,680 --> 00:25:18,880
But that was hundreds and
hundreds of miles away in any
452
00:25:18,880 --> 00:25:20,560
direction.
They were also hoping maybe
453
00:25:20,560 --> 00:25:23,760
passing ship would see them, but
that the odds on that were also
454
00:25:23,760 --> 00:25:26,360
maybe not so great because there
weren't that many ships.
455
00:25:26,360 --> 00:25:27,920
They were just a little snack on
the ocean.
456
00:25:27,920 --> 00:25:30,080
Maybe the ship would go by and
not even see them.
457
00:25:30,080 --> 00:25:32,600
So they're not so optimistic at
this point.
458
00:25:32,760 --> 00:25:35,640
And in fact, the captain had
only been writing a letter to
459
00:25:35,640 --> 00:25:38,360
his wife, you know, that he
hooked she would get upon his
460
00:25:38,360 --> 00:25:39,760
death thing.
Or, you know, he was really
461
00:25:39,760 --> 00:25:40,880
thinking this was not going to
work out.
462
00:25:41,120 --> 00:25:43,440
But as it happens, it's even
work out for them.
463
00:25:43,560 --> 00:25:46,400
It's going to be a German ship
that was passing by.
464
00:25:46,680 --> 00:25:49,560
When they saw it, they did
whatever they could to attract
465
00:25:49,560 --> 00:25:51,040
its attention, which was very
little.
466
00:25:51,040 --> 00:25:54,040
They didn't have any flares or,
you know, they they couldn't get
467
00:25:54,040 --> 00:25:56,240
up high on a, you know, in a
bird's nest because they were
468
00:25:56,240 --> 00:25:58,120
just going to work with it.
The captain happened to be
469
00:25:58,120 --> 00:26:01,120
looking through his binoculars
and saw them and he made a
470
00:26:01,120 --> 00:26:02,400
decision to rescue them, which
he.
471
00:26:03,600 --> 00:26:06,480
So in the end, it all works out
quite well for them.
472
00:26:06,480 --> 00:26:09,360
They are in terrible shape.
They're they're barely able to
473
00:26:09,360 --> 00:26:11,080
walk.
They need help getting onto the
474
00:26:11,080 --> 00:26:13,200
ship.
They need to be fed and get in
475
00:26:13,200 --> 00:26:15,240
water very slowly.
So it's not a shock to their
476
00:26:15,240 --> 00:26:18,120
very, very damaged systems.
But they get onto the boat and
477
00:26:18,120 --> 00:26:21,280
they are nursed back to health
and they happily tell everyone
478
00:26:21,280 --> 00:26:23,200
just what happened, what they
did to the cabin boy.
479
00:26:23,200 --> 00:26:25,920
Because as I mentioned before,
this was the custom of the sea
480
00:26:25,920 --> 00:26:28,800
and it had done for centuries.
And they didn't think it would
481
00:26:29,080 --> 00:26:31,360
be down to their disadvantage at
all to tell the truth.
482
00:26:32,160 --> 00:26:36,360
So they're picked up by the
German bark, and 23 days after
483
00:26:36,360 --> 00:26:39,000
the sinking of the Mignonette,
they're finally returned to
484
00:26:39,000 --> 00:26:41,800
Falmouth.
And Dudley, as he's supposed to
485
00:26:41,800 --> 00:26:45,760
do as captain, reports to the
Custom House to report that the
486
00:26:45,760 --> 00:26:50,640
Midianette was lost and he was
not concerned at all about what
487
00:26:50,640 --> 00:26:52,720
had happened.
So why was he so confident?
488
00:26:53,520 --> 00:26:55,880
Well, you know, it really was a
matter of precedent, right?
489
00:26:55,880 --> 00:26:59,000
It's that this had been going on
for centuries and no one had
490
00:26:59,000 --> 00:27:00,240
ever gotten in trouble for it,
right?
491
00:27:00,240 --> 00:27:03,200
I mean, it was, you know, had
this name, the custom of the
492
00:27:03,200 --> 00:27:04,560
sea.
There were, you know, sea
493
00:27:04,560 --> 00:27:06,400
shanties about it.
That it was, you know, it was in
494
00:27:06,400 --> 00:27:07,840
the works of literature I
mentioned earlier.
495
00:27:07,960 --> 00:27:10,960
So as, as they saw, they were
just participating in a long
496
00:27:10,960 --> 00:27:14,240
sailing tradition that had, you
know, history behind it and to
497
00:27:14,240 --> 00:27:16,640
an extent, law behind it, right?
There was never any case that
498
00:27:16,640 --> 00:27:18,240
actually said you're allowed to
do this.
499
00:27:18,440 --> 00:27:21,040
But there were centuries in
which this was going on, and no
500
00:27:21,040 --> 00:27:23,440
one had ever been prosecuted.
No one had ever been convicted
501
00:27:23,600 --> 00:27:27,000
of a crime for doing this, so
they just thought it was the way
502
00:27:27,000 --> 00:27:28,320
the world worked and it was
fine.
503
00:27:28,360 --> 00:27:32,920
And then suddenly they are
thrown into a jail and told
504
00:27:32,920 --> 00:27:35,520
that, you know, there would be a
hearing to see if they were
505
00:27:35,520 --> 00:27:38,840
going to be charged with murder.
What prompted Dudley, Stevens
506
00:27:38,840 --> 00:27:41,640
and Brooks to be arrested?
Yeah, so it's an interesting
507
00:27:41,640 --> 00:27:44,840
question.
There were some laws that were
508
00:27:44,840 --> 00:27:49,040
passed in the middle of that
century, the mid 1800s, which
509
00:27:49,040 --> 00:27:50,920
was a great period of reform,
right?
510
00:27:50,920 --> 00:27:53,320
It was the Victorian era.
And, you know, we think of
511
00:27:53,320 --> 00:27:55,880
Victorians as being, you know,
prudes and things like that.
512
00:27:55,880 --> 00:27:58,320
But they were also real
reformers.
513
00:27:58,320 --> 00:28:02,480
And they did things like pass
laws to extend the votes to the
514
00:28:02,480 --> 00:28:07,360
middle class, to factory safety
laws, laws protecting women and
515
00:28:07,360 --> 00:28:10,720
children and animals from abuse.
So they were reforming of
516
00:28:10,720 --> 00:28:13,080
society.
They were reforming the law of
517
00:28:13,080 --> 00:28:16,760
the sea as well.
So in mid century they began to
518
00:28:17,440 --> 00:28:22,360
enact laws that said if there's
a shipwreck, it is required that
519
00:28:22,480 --> 00:28:26,200
local officials where the the
survivors arrive, do an
520
00:28:26,200 --> 00:28:29,640
investigation of the shipwreck
to determine what the causes
521
00:28:29,640 --> 00:28:32,120
were and so forth, but also
whether any crimes have been
522
00:28:32,120 --> 00:28:35,480
committed.
So under the aegis of that law,
523
00:28:35,760 --> 00:28:40,080
they were required to
investigate and the mayor and
524
00:28:40,080 --> 00:28:43,880
the local officials decided that
this may be a crime.
525
00:28:43,960 --> 00:28:49,160
They actually held the men while
they asked London where the home
526
00:28:49,160 --> 00:28:52,640
secretary was the highest
ranking criminal officer in the
527
00:28:52,880 --> 00:28:54,920
in the country.
They asked the home secretary's
528
00:28:54,920 --> 00:28:57,440
office, what should we do?
Because it seemed like this
529
00:28:57,440 --> 00:29:00,960
might be a crime under these,
you know, laws that were enacted
530
00:29:00,960 --> 00:29:03,880
in the mid century.
And the home Secretary's
531
00:29:03,880 --> 00:29:06,960
response is that it should be
prosecuted.
532
00:29:07,880 --> 00:29:11,440
In your book, one of your
chapters is titled A Bad Time to
533
00:29:11,440 --> 00:29:14,520
be a Cannibal, and I was
thinking, well, is there ever a
534
00:29:14,520 --> 00:29:18,160
good time?
But as it pertains to this case
535
00:29:18,160 --> 00:29:21,400
at this time in history, why was
this an appropriate chapter
536
00:29:21,400 --> 00:29:22,400
title?
You know, you mentioned the
537
00:29:22,400 --> 00:29:25,160
reforms.
What was going on that prompted
538
00:29:25,160 --> 00:29:28,600
the English law enforcement to
to go after these three men?
539
00:29:29,400 --> 00:29:32,800
Yeah, so I really do try to put
it in the context of a very much
540
00:29:32,800 --> 00:29:35,400
changing England.
And so one of the changes was
541
00:29:35,400 --> 00:29:39,640
that that these Victorian
reformers were trying to bring
542
00:29:39,640 --> 00:29:42,280
progress of various kinds to all
parts of society.
543
00:29:42,280 --> 00:29:44,640
And one thing they were doing
was trying to make it more
544
00:29:44,840 --> 00:29:48,000
civilized in many ways.
And something like the custom of
545
00:29:48,000 --> 00:29:52,120
the sea stood out for being not
very civilized, kind of barbaric
546
00:29:52,120 --> 00:29:54,560
and the kind of thing the
Victorian reformers wouldn't
547
00:29:54,560 --> 00:29:56,160
like.
And there were other things
548
00:29:56,160 --> 00:29:57,600
about it that they didn't like
as well.
549
00:29:57,800 --> 00:30:00,360
During the Victorian era, there
was something they called the
550
00:30:00,360 --> 00:30:02,920
cult of the child.
They worshipped children.
551
00:30:02,920 --> 00:30:06,080
And, you know, books like Alice
in Wonderland come out of
552
00:30:06,080 --> 00:30:08,600
Victorian England where they
just, you know, idealized
553
00:30:08,600 --> 00:30:09,880
children.
Oliver Twist.
554
00:30:09,880 --> 00:30:13,320
So he didn't like the idea of a
bunch of, you know, adults on
555
00:30:13,320 --> 00:30:15,560
the ship deciding, you know,
let's kill the cabin boy.
556
00:30:15,840 --> 00:30:18,080
But another really interesting
thing that was going on was
557
00:30:18,560 --> 00:30:22,360
1883, which is the year before
this happened, the most
558
00:30:22,360 --> 00:30:27,000
prominent historian in England
wrote a book in which he wrote
559
00:30:27,000 --> 00:30:31,000
about the British Empire, and it
contained the phrase England
560
00:30:31,000 --> 00:30:34,080
acquired its empire and a feat
of absent mindedness.
561
00:30:34,320 --> 00:30:37,800
And that was really a very
disingenuous thing to say, that
562
00:30:37,800 --> 00:30:40,560
he was sort of saying, oh,
somehow we end up controlling
563
00:30:40,760 --> 00:30:43,320
1/4 of the world.
We didn't really think about it
564
00:30:43,320 --> 00:30:44,840
or mean to.
Of course there were a lot of
565
00:30:44,840 --> 00:30:49,000
people who were very much trying
to take over the world for, you
566
00:30:49,000 --> 00:30:50,840
know, colonialism and
imperialism.
567
00:30:50,840 --> 00:30:54,360
But in any case, it it prompted
a big discussion in England in
568
00:30:54,360 --> 00:30:58,200
1883 and 1884 about why do we
have this big empire?
569
00:30:58,200 --> 00:31:00,400
What is the purpose?
And of course, what people
570
00:31:00,400 --> 00:31:04,040
wanted to say was the purpose
was to uplift the rest of the
571
00:31:04,040 --> 00:31:05,800
world.
We're not doing it in order to
572
00:31:06,320 --> 00:31:09,920
steal and pillage and get rich.
We're doing it to bring
573
00:31:10,160 --> 00:31:14,000
Christianity and English values
to the whole world.
574
00:31:14,200 --> 00:31:18,400
So this was the ethos in 1884.
And when you think about what
575
00:31:18,560 --> 00:31:21,840
was the thing that England was
trying to uplift the world from,
576
00:31:21,840 --> 00:31:24,960
what kind of barbarism?
Well, one of the biggest markers
577
00:31:24,960 --> 00:31:28,760
of that was cannibalism.
So in books like Robinson Crusoe
578
00:31:28,760 --> 00:31:32,240
and others, they portrayed the
other parts of the world as
579
00:31:32,240 --> 00:31:35,200
being barbaric because among
other things, they engaged in
580
00:31:35,200 --> 00:31:38,080
cannibalism.
And they were now saying in 18
581
00:31:38,080 --> 00:31:42,480
four, 1884 that this is the sort
of thing that our, our wonderful
582
00:31:42,480 --> 00:31:45,280
imperialist project is going to
lift the world up from.
583
00:31:45,520 --> 00:31:50,000
So I do say, you know, somewhat
wryly that 1884 was the worst
584
00:31:50,000 --> 00:31:53,320
year in the world in which to
suddenly come to England, as the
585
00:31:53,560 --> 00:31:55,960
three survivors did, and say,
hey, we're English and we're
586
00:31:55,960 --> 00:31:57,800
cannibals.
Because everyone, anyone was
587
00:31:57,800 --> 00:31:59,840
saying, no, no, English people
are cannibals.
588
00:31:59,840 --> 00:32:02,560
The Barbarians are, we're the
ones who lift people up from
589
00:32:02,560 --> 00:32:05,080
that.
So, as I say, it was a bad time
590
00:32:05,080 --> 00:32:08,120
to try to get sympathy as an
English cannibal.
591
00:32:08,960 --> 00:32:13,040
And this wasn't too long after
the 1845 Franklin expedition,
592
00:32:13,440 --> 00:32:16,880
which, as it turned out,
actually did contain some
593
00:32:16,880 --> 00:32:19,880
cannibalism.
And at the time, they were more
594
00:32:19,880 --> 00:32:23,680
rumors and reports of
cannibalism that, like, Lady
595
00:32:23,680 --> 00:32:27,040
Jane Franklin and the newspapers
didn't want to believe.
596
00:32:27,040 --> 00:32:29,720
They didn't want to believe that
such, you know, Englishmen,
597
00:32:29,720 --> 00:32:32,120
gentlemen would resort to such
barbarism.
598
00:32:32,520 --> 00:32:36,600
And so this is only, you know,
roughly 40 years later and
599
00:32:36,800 --> 00:32:40,840
trying to maybe move away from
that conception, like you said,
600
00:32:41,200 --> 00:32:44,560
separate themselves from that
whole concept of of cannibalism.
601
00:32:45,600 --> 00:32:48,920
So these men, they're charged,
they are arrested and there's
602
00:32:48,920 --> 00:32:51,520
going to be an inquiry here in
in Falmouth.
603
00:32:51,520 --> 00:32:55,240
So what evidence was presented
and what was the result of this
604
00:32:55,240 --> 00:32:58,480
initial inquiry?
Well, you know, it was pretty
605
00:32:58,480 --> 00:33:02,120
easy for the prosecutors because
when the men were picked up,
606
00:33:02,120 --> 00:33:04,920
they were brought to the custom
house and they were questioned
607
00:33:04,920 --> 00:33:08,320
about the shipwreck because, as
I mentioned, by law now, it was
608
00:33:08,480 --> 00:33:12,400
required for local officials to
do an investigation of every
609
00:33:12,400 --> 00:33:14,600
shipwreck.
And the men spoke freely.
610
00:33:14,600 --> 00:33:17,520
They filled out forms or had
them filled out for them, in
611
00:33:17,520 --> 00:33:19,640
which they described what
happened, including the killing
612
00:33:19,640 --> 00:33:22,600
and eating with the cabin boy.
And then afterwards the captain
613
00:33:22,840 --> 00:33:25,800
spoke with one of the local
officials in an informal way and
614
00:33:25,800 --> 00:33:28,280
told the entire story because
again, they thought they had
615
00:33:28,680 --> 00:33:31,360
nothing to fear.
So all of that was on the
616
00:33:31,360 --> 00:33:34,000
record.
They we really had confessions,
617
00:33:34,600 --> 00:33:37,440
so to speak, from the main
people being charged.
618
00:33:37,600 --> 00:33:40,760
So it wasn't very hard to for
the government to come up with
619
00:33:40,760 --> 00:33:43,000
the facts.
It became much more a matter of
620
00:33:43,360 --> 00:33:46,000
do these facts as presented
constitute a crime?
621
00:33:46,000 --> 00:33:47,640
And that's what they were really
wrestling with.
622
00:33:57,280 --> 00:34:23,520
Extravagante
Volkswagen solo Perez
623
00:34:23,520 --> 00:34:28,120
extravagante.
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624
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And at that point, the case was
632
00:34:57,640 --> 00:35:01,000
handed over to the Exeter
Assizes Court.
633
00:35:01,440 --> 00:35:03,760
Can you explain a little bit
about that system?
634
00:35:03,760 --> 00:35:07,880
Or you know what that assizes
court was for including me who
635
00:35:07,880 --> 00:35:10,200
are unfamiliar.
Sure.
636
00:35:10,240 --> 00:35:14,280
Back then this was seen as a way
of bringing justice really to
637
00:35:14,280 --> 00:35:16,720
the provinces, right?
Because there wasn't the
638
00:35:16,720 --> 00:35:20,040
assumption that there would be
enough really fine judges and
639
00:35:20,040 --> 00:35:23,400
great judicial process in all
the hinterlands of England.
640
00:35:23,600 --> 00:35:27,760
So they would bring in esteemed
judges from from London to
641
00:35:28,120 --> 00:35:32,160
localities during different
parts of the year and they would
642
00:35:32,840 --> 00:35:37,320
hold court sessions in which
they would kind of do a lot of
643
00:35:37,320 --> 00:35:39,440
the judging that needed to be
done.
644
00:35:39,440 --> 00:35:43,800
So in this case, there was the
the sizes were, were coming up
645
00:35:43,800 --> 00:35:47,120
in Exeter, as you say, which was
I think like about 100 miles
646
00:35:47,120 --> 00:35:49,720
away.
And there was a judge who came
647
00:35:49,720 --> 00:35:52,800
down from London, a very
esteemed judge, who was going to
648
00:35:52,800 --> 00:35:56,320
preside over this case.
And that's sort of the first
649
00:35:56,320 --> 00:36:01,200
step in all of this, the kind of
unusual way in which this judge,
650
00:36:01,200 --> 00:36:05,840
Baron Huddleston from London,
decides to treat the case of
651
00:36:05,880 --> 00:36:09,600
Dudley and Stevens.
You describe him as a being a
652
00:36:09,600 --> 00:36:13,800
strong judge or a tough judge.
What did he do during this
653
00:36:13,800 --> 00:36:17,600
proceeding in the Assizes court
that was a little unusual or,
654
00:36:18,080 --> 00:36:19,760
you know, made him out to be a
tough judge?
655
00:36:20,960 --> 00:36:24,440
Yeah, so he was a judge who
liked to get his way, and he was
656
00:36:24,440 --> 00:36:27,360
sort of famous for kind of
persuading juries to do what he
657
00:36:27,360 --> 00:36:29,920
wanted.
But he also was one of these, as
658
00:36:29,920 --> 00:36:33,800
I say, Victorian reformers.
He wasn't just a judge who kind
659
00:36:33,800 --> 00:36:36,560
of went into court every day and
just heard the evidence.
660
00:36:36,560 --> 00:36:39,000
OK, which which side has more
evidence on his side?
661
00:36:39,000 --> 00:36:42,160
He wasn't that kind of judge.
He had a kind of moral vision.
662
00:36:42,440 --> 00:36:45,400
And his moral vision, like for
many of the children reformers
663
00:36:45,640 --> 00:36:48,600
was one that said things like
killing and even the Catholic
664
00:36:48,600 --> 00:36:52,640
boy are not good.
So this is a problem because,
665
00:36:52,880 --> 00:36:56,080
you know, it turns out when the
survivors come back to form with
666
00:36:56,240 --> 00:37:00,360
a schism appears very quickly,
which was that working class
667
00:37:00,360 --> 00:37:04,600
people, the sailors, the general
populace was largely on their
668
00:37:04,600 --> 00:37:07,320
side.
And it was more the elites, the
669
00:37:07,440 --> 00:37:11,440
judges, lawyers, some of the
editorial writers, people like
670
00:37:11,440 --> 00:37:15,320
that who thought that the that
the system need to be reformed
671
00:37:15,320 --> 00:37:17,960
and that this should be a crime.
So when we have these early
672
00:37:17,960 --> 00:37:21,240
hearings, a lot of people show
up, a lot of working class
673
00:37:21,240 --> 00:37:23,840
people, sailors, people like
that, and they're on the side of
674
00:37:23,840 --> 00:37:26,800
the cannibals.
So this is a problem for Baron
675
00:37:26,800 --> 00:37:31,040
Huddleston because there's a
grand jury at Exeter.
676
00:37:31,040 --> 00:37:34,680
And then if the grand jury
chooses to to indict, then
677
00:37:34,680 --> 00:37:38,360
they'll be a jury.
And it's quite possible that
678
00:37:38,360 --> 00:37:42,480
these juries, which are taken
from not a representative sample
679
00:37:42,480 --> 00:37:45,720
of people, but nevertheless from
the populace, might be very
680
00:37:45,720 --> 00:37:49,640
sympathetic to the defendants.
So what the what the judge
681
00:37:49,640 --> 00:37:53,680
decides to do is use a very
unusual procedure called the
682
00:37:53,680 --> 00:37:56,440
special verdict, which actually
had not been used in almost 100
683
00:37:56,440 --> 00:37:59,200
years.
The special verdict allowed for
684
00:37:59,200 --> 00:38:02,840
him to say that the jury that
heard the case in Exeter would
685
00:38:02,840 --> 00:38:05,680
just find the facts.
They would come up with a
686
00:38:05,680 --> 00:38:08,200
statement of what they found to
be the facts of the case.
687
00:38:08,200 --> 00:38:13,760
Then later he would find a judge
or set of judges somewhere to be
688
00:38:13,760 --> 00:38:16,960
named later that would decide
whether those facts constitute
689
00:38:16,960 --> 00:38:19,840
your crime.
And he that's how he perceived
690
00:38:19,840 --> 00:38:22,520
it.
So in all we get is a jury
691
00:38:22,520 --> 00:38:25,600
saying what the facts of the
case are, and then there's a
692
00:38:25,640 --> 00:38:29,920
whole separate process set up
later for judges to decide
693
00:38:30,000 --> 00:38:33,640
whether or not that was a crime.
Now, this special verdict,
694
00:38:33,680 --> 00:38:37,120
reading through it myself, I was
trying to follow because as far
695
00:38:37,120 --> 00:38:40,240
as I know, we don't have
anything like that in the United
696
00:38:40,240 --> 00:38:42,880
States.
Even in England at the time, you
697
00:38:42,880 --> 00:38:44,960
said they hadn't used it in 100
years.
698
00:38:46,120 --> 00:38:49,800
So, yeah, it's very bizarre for
him to do it.
699
00:38:49,800 --> 00:38:53,040
And especially excellent
description that you provide.
700
00:38:53,320 --> 00:38:58,000
It seems just like a complete
travesty of justice that, you
701
00:38:58,000 --> 00:39:01,400
know, he doesn't even allow the,
the defense to present any
702
00:39:01,400 --> 00:39:05,120
evidence or testimony and he
just tells the jury this is
703
00:39:05,120 --> 00:39:08,520
what's going to happen.
And, and it happens.
704
00:39:08,520 --> 00:39:11,400
And then it's, it's going
through to the higher court to
705
00:39:11,400 --> 00:39:13,440
be decided.
And, and like you said, he's a
706
00:39:13,560 --> 00:39:15,720
strong judge, tough judge.
He had a vision.
707
00:39:15,720 --> 00:39:19,400
And from my untrained
perspective, it's, it seemed
708
00:39:19,400 --> 00:39:22,480
like a really terrible way of,
of carrying out justice.
709
00:39:23,080 --> 00:39:25,040
Very heavy.
I mean, the one thing I would
710
00:39:25,040 --> 00:39:28,520
say in defense of it, and it's
not a full defense, but there
711
00:39:28,520 --> 00:39:32,200
are procedures even today that
we have that acknowledge that
712
00:39:32,200 --> 00:39:36,160
sometimes a jury is going to be
biased and that the justice
713
00:39:36,160 --> 00:39:39,400
system requires that the
ultimate decision be made by a
714
00:39:39,600 --> 00:39:42,440
decided that isn't biased.
So one example of this is that
715
00:39:42,440 --> 00:39:45,200
sometimes we have trials moved
right out of a jurisdiction
716
00:39:45,200 --> 00:39:48,880
because we decide that a jury
has been prejudice by the media
717
00:39:48,880 --> 00:39:51,240
or something like that and it
will be moved to another
718
00:39:51,240 --> 00:39:53,720
jurisdiction.
And you might say, well, no, I
719
00:39:53,720 --> 00:39:55,480
mean, it occurred in this
jurisdiction and let the jury
720
00:39:55,480 --> 00:39:57,080
decide.
But no, because we just we
721
00:39:57,080 --> 00:40:00,320
decided under under our system
as well that the ultimate goal
722
00:40:00,320 --> 00:40:03,160
of the justice system is getting
the fair and right answer.
723
00:40:03,400 --> 00:40:06,920
So in a way, I think that was
one of the things going on when
724
00:40:06,920 --> 00:40:09,880
they did adopt the special
verdict, you know, many years
725
00:40:09,880 --> 00:40:13,000
earlier, the idea that the most
important thing was that the
726
00:40:13,000 --> 00:40:15,480
decision be made by people who
would be fair and objective.
727
00:40:15,480 --> 00:40:18,480
But in this case, it didn't go
to another jury as we might do
728
00:40:18,480 --> 00:40:21,120
here in America.
It went to a set of judges.
729
00:40:21,160 --> 00:40:23,000
And that was again what the
procedures.
730
00:40:23,080 --> 00:40:26,480
Was allowed, but Baron
Huddleston no doubt had an
731
00:40:26,480 --> 00:40:30,720
instinct that the elite judges
would be more likely to come
732
00:40:30,720 --> 00:40:33,680
down against the custom of the
sea than any jury would.
733
00:40:34,280 --> 00:40:35,600
Yeah.
And I think it's important to to
734
00:40:35,600 --> 00:40:38,200
point out that at this point,
Brooks had been dropped from the
735
00:40:38,200 --> 00:40:41,120
charges and he was actually used
as a witness for the
736
00:40:41,120 --> 00:40:44,280
prosecution.
What was the rationale behind
737
00:40:44,280 --> 00:40:46,600
that?
Yeah, so he's originally
738
00:40:46,600 --> 00:40:48,760
arrested and thrown in jail.
There are three of them in jail.
739
00:40:48,760 --> 00:40:51,800
And you do think, boy, that's
not really right because, you
740
00:40:51,800 --> 00:40:55,280
know, as I mentioned, he said
all along he did not want this
741
00:40:55,280 --> 00:40:56,920
to happen.
He covered his head.
742
00:40:57,200 --> 00:41:00,440
And once they really realized
the facts of what occurred, they
743
00:41:00,440 --> 00:41:03,880
did drop the charge against
Brooks, both because he was
744
00:41:04,080 --> 00:41:06,680
really not legally, morally
culpable.
745
00:41:06,680 --> 00:41:10,200
He wasn't part of the murder but
also helped them that they had a
746
00:41:10,200 --> 00:41:13,040
live eyewitness because I
mentioned that they had the
747
00:41:13,040 --> 00:41:17,160
statements of the defendants,
what they did, but it was
748
00:41:17,200 --> 00:41:20,040
unclear at the beginning whether
those would absolutely be
749
00:41:20,040 --> 00:41:22,000
admissible in court.
Always great to have an
750
00:41:22,000 --> 00:41:23,720
eyewitness, which they had with
Brooks.
751
00:41:24,080 --> 00:41:28,800
So Brooks ends up being, I would
say, not an enthusiastic
752
00:41:28,800 --> 00:41:31,000
witness.
He liked the captain and the
753
00:41:31,000 --> 00:41:33,920
meat and and even though he
didn't want them to kill the
754
00:41:33,920 --> 00:41:37,720
cabin boy, he wasn't excited
about testifying them in a way,
755
00:41:37,960 --> 00:41:40,400
I guess in a way that could lead
to them being hanged.
756
00:41:40,640 --> 00:41:44,840
So he did say some positive
things about them as people, as
757
00:41:44,840 --> 00:41:48,440
as a witness, but he also was
very honest about what what he
758
00:41:48,440 --> 00:41:51,040
saw in her.
So as a result of this special
759
00:41:51,040 --> 00:41:53,440
verdict, you mentioned, it's
going to be passed up to the
760
00:41:53,440 --> 00:41:56,440
higher court, basically a panel
of, of judges.
761
00:41:56,960 --> 00:42:01,600
And Huddleston decides or
insists really that it should go
762
00:42:01,600 --> 00:42:05,160
to his own court, the Court of
Queens Bench of the High Court
763
00:42:05,160 --> 00:42:07,040
of Justice.
That's a mouthful.
764
00:42:07,440 --> 00:42:11,360
That's what was this court and
and how was it structured?
765
00:42:12,640 --> 00:42:16,280
Yeah, so it seems like what was
really happening is that the
766
00:42:16,360 --> 00:42:20,160
Lord Chief Justice, Lord
College, seems to have had an
767
00:42:20,160 --> 00:42:22,160
eye on this case all along.
And.
768
00:42:22,720 --> 00:42:26,960
And so when Huddleston says to
the jury in Exeter, OK, you
769
00:42:26,960 --> 00:42:29,400
know, thank you for the
statement of facts.
770
00:42:29,400 --> 00:42:33,000
So it will find a set of judges
that will decide the case.
771
00:42:33,280 --> 00:42:36,560
It turns out that this is going
to be in the Lord Chief
772
00:42:36,560 --> 00:42:39,680
Justice's own courtroom in the
Court of Queen's Bench.
773
00:42:39,920 --> 00:42:43,800
The Lord Chief Justice will be
one of the the judges on this
774
00:42:43,800 --> 00:42:46,640
panel and he'll choose the other
people on the panel, which he
775
00:42:46,640 --> 00:42:49,960
did mainly by seniority, but he
also included Baron Huddleston.
776
00:42:50,240 --> 00:42:53,520
And the Lord Chief Justice ends
up writing the the opinion in
777
00:42:53,520 --> 00:42:56,040
the case.
So it does look like Baron
778
00:42:56,040 --> 00:42:57,920
Huddleston sort of took care of
things in Exeter.
779
00:42:57,920 --> 00:43:00,840
But it looks like the Lord Chief
Justice really takes over the
780
00:43:00,840 --> 00:43:05,720
case and is the one who decides
how he'll be the be decided and
781
00:43:05,720 --> 00:43:07,600
then also what the verdict will
be.
782
00:43:07,840 --> 00:43:11,600
And he's another, as I say of
these Victorian reformers, like
783
00:43:11,600 --> 00:43:14,920
Baron Huddleston, like the Home
Secretary, he's somewhat in a
784
00:43:14,920 --> 00:43:18,440
very strong moral vision that
what occurred in the lifeboat
785
00:43:18,440 --> 00:43:23,160
was wrong and he set up a
process that allowed that to be
786
00:43:23,160 --> 00:43:24,800
the ultimate decision in the
case.
787
00:43:25,440 --> 00:43:28,400
Now at this trial, as you've
said previously, there's no
788
00:43:28,400 --> 00:43:31,520
doubt about the facts of the
case, Dudley admitted.
789
00:43:31,520 --> 00:43:35,160
Everything that happened, it was
really just a question of is it
790
00:43:35,160 --> 00:43:37,240
a crime?
But did the defense at this
791
00:43:37,240 --> 00:43:40,520
point attempt any?
Do they have a strategy?
792
00:43:40,520 --> 00:43:42,600
Do they they try to argue a
point.
793
00:43:43,200 --> 00:43:47,200
They actually had a reasonable
argument, which was what was
794
00:43:47,200 --> 00:43:50,480
called the necessity defense,
which there was a little bit of
795
00:43:50,520 --> 00:43:54,280
support for, not a lot, and it
wasn't clear how viable it was.
796
00:43:54,280 --> 00:43:58,280
But the general idea is that,
and we have this in America as
797
00:43:58,280 --> 00:44:02,120
well, necessity defense says
that if you commit a crime, but
798
00:44:02,120 --> 00:44:06,080
you're doing it to avoid a much
greater harm, sometimes that
799
00:44:06,160 --> 00:44:08,800
won't be penalized.
So like a classic example would
800
00:44:08,800 --> 00:44:13,640
be if there's a fire in a prison
and the prisoners run out and
801
00:44:13,640 --> 00:44:16,680
escape, if you charge them with
escaping from prison, they could
802
00:44:16,680 --> 00:44:19,920
say, no, we didn't.
So, you know, we didn't all burn
803
00:44:19,920 --> 00:44:22,520
up and die.
Or if you have a very, very sick
804
00:44:22,520 --> 00:44:25,000
baby and you don't have a way to
get into the hospital and
805
00:44:25,000 --> 00:44:27,680
there's a car out right in front
of your house with keys in the
806
00:44:27,680 --> 00:44:29,720
ignition.
It's not your car, but you take
807
00:44:29,720 --> 00:44:32,600
the baby to the hospital in this
car if you're charged later with
808
00:44:32,600 --> 00:44:34,560
stealing the car.
And you might be able to say,
809
00:44:34,560 --> 00:44:37,320
no, I was doing it to save the
baby's life.
810
00:44:37,640 --> 00:44:40,760
These are cases in which the law
might allow necessity, defense
811
00:44:40,760 --> 00:44:43,840
and say this was not a crime
because it avoided a greater
812
00:44:43,840 --> 00:44:45,600
harm.
So what they were arguing is
813
00:44:45,600 --> 00:44:50,280
that in the lifeboat, killing
the cabin boy to save 3 lives
814
00:44:50,720 --> 00:44:54,160
should not be viewed as a crime.
It should be viewed as taking
815
00:44:54,160 --> 00:44:57,400
the lesser of two evils.
And that necessity should be
816
00:44:57,400 --> 00:45:01,840
deemed to excuse this.
It was a decent argument and it
817
00:45:01,840 --> 00:45:04,800
was one that the court, you
know, really injected.
818
00:45:06,120 --> 00:45:08,920
In your book, too, there is, I
think it was the attorney
819
00:45:08,920 --> 00:45:10,880
general.
His feeling was that, you know,
820
00:45:10,880 --> 00:45:14,960
they they had to be found guilty
because otherwise they would
821
00:45:14,960 --> 00:45:19,080
just have Mariners deciding to
kill whoever they want because
822
00:45:19,080 --> 00:45:21,880
they're hungry.
Well, yes, in fact, you're
823
00:45:21,880 --> 00:45:24,320
exactly the home secretary.
Sorry, the attorney general,
824
00:45:24,320 --> 00:45:26,920
you're right.
He actually said in a letter to
825
00:45:27,000 --> 00:45:30,360
the home secretary, if we don't
prosecute them, I shall always
826
00:45:30,360 --> 00:45:33,120
be nervous sitting next to a
hungry man, you know?
827
00:45:33,360 --> 00:45:36,000
So yes, he was saying we need,
we need to discourage just
828
00:45:36,000 --> 00:45:38,200
wanting just people turning
around and eating the people
829
00:45:38,200 --> 00:45:41,400
that are right next to them.
But at the same time, once there
830
00:45:41,400 --> 00:45:44,160
was a conviction, he felt that
they shouldn't be punished.
831
00:45:44,240 --> 00:45:48,240
Something that you know becomes
another big issue in the case is
832
00:45:48,480 --> 00:45:52,960
once you find that this was
murder under British law at the
833
00:45:52,960 --> 00:45:57,160
time, murder had only one
penalty, which was hanging.
834
00:45:57,400 --> 00:46:00,760
And then the question is, is
this how we want these two men
835
00:46:00,760 --> 00:46:04,320
to to end up for this crime that
we've now determined to be
836
00:46:04,320 --> 00:46:07,440
murder, but certainly a very
unusual kind of murder?
837
00:46:15,760 --> 00:46:20,240
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853
00:47:12,720 --> 00:47:14,600
And so they, they are sentenced
to death.
854
00:47:14,880 --> 00:47:18,360
But as you said, there's a, you
know, there's a still a pretty
855
00:47:18,360 --> 00:47:21,560
strong public sentiment that
they shouldn't have been charged
856
00:47:21,560 --> 00:47:24,120
at all.
Many believe that they would get
857
00:47:24,120 --> 00:47:28,440
a pardon or a reduced sentence
from Queen Victoria, which was
858
00:47:28,440 --> 00:47:31,840
really their only reprieve.
But there was no guarantee of
859
00:47:31,840 --> 00:47:34,920
that.
Well, I think that even many of
860
00:47:34,920 --> 00:47:38,640
the people who felt that this
was a crime, that this was
861
00:47:38,640 --> 00:47:42,640
murder, that this must be
punished, also felt this isn't a
862
00:47:42,640 --> 00:47:46,360
crime like just going up to
someone and that you don't like
863
00:47:46,400 --> 00:47:48,800
and, you know, and stabbing them
to death because you don't like
864
00:47:48,800 --> 00:47:51,400
them.
This was, you know, very, very
865
00:47:51,400 --> 00:47:54,680
extreme extenuating
circumstances that the men were
866
00:47:54,680 --> 00:47:58,000
kind of, as you pointed out
earlier, kind of in a frenzied,
867
00:47:58,000 --> 00:48:00,640
mad stage.
And then also they were making a
868
00:48:00,640 --> 00:48:03,360
calculation that they were
trying to save more lives and
869
00:48:03,600 --> 00:48:06,440
would otherwise be saved.
So to a lot of people, even
870
00:48:06,440 --> 00:48:09,400
people who thought this should
be deemed a crime, they didn't
871
00:48:09,400 --> 00:48:12,000
think it was really, really
serious murder.
872
00:48:12,000 --> 00:48:15,200
And this was reflected in some
of the editorials that ran at
873
00:48:15,200 --> 00:48:18,240
the time, which some of which
said they should be convicted,
874
00:48:18,240 --> 00:48:21,480
but they shouldn't be hanged.
So the Lord Chief Justice finds
875
00:48:21,480 --> 00:48:23,680
them guilty of murder, sentences
them to death.
876
00:48:23,680 --> 00:48:26,520
But people notice he didn't wear
the black cap.
877
00:48:26,560 --> 00:48:30,240
And the tradition was that when
a judge was sentencing someone
878
00:48:30,240 --> 00:48:33,000
to death, they wore the black
cap and they said a few special
879
00:48:33,200 --> 00:48:35,680
words about their souls.
He did not do that.
880
00:48:35,680 --> 00:48:39,880
So people thought he probably
has a feeling that this is not
881
00:48:39,880 --> 00:48:41,520
going to really end up in their
death.
882
00:48:41,800 --> 00:48:44,720
But as you pointed out, the next
step is it goes to Queen
883
00:48:44,720 --> 00:48:48,240
Victoria, which in in this case
really meant to the home
884
00:48:48,240 --> 00:48:50,840
secretary, who was the one who
made recommendations to the
885
00:48:50,840 --> 00:48:53,360
queen, which were almost
invariably followed.
886
00:48:53,640 --> 00:48:56,600
And it really comes down to this
third Victorian reformer.
887
00:48:56,600 --> 00:49:00,320
I mentioned the home secretary
to decide what should the
888
00:49:00,320 --> 00:49:03,000
punishment be, and he's torn
because he's the one who decided
889
00:49:03,360 --> 00:49:06,240
it should be prosecuted.
He didn't like this custom to
890
00:49:06,240 --> 00:49:08,760
see at all.
But he also was somebody who
891
00:49:08,760 --> 00:49:12,280
always had sympathy for criminal
defendants and prisoners, and he
892
00:49:12,280 --> 00:49:15,680
didn't necessarily feel that,
you know, they should be put to
893
00:49:15,680 --> 00:49:18,320
death either.
So it really comes down to what
894
00:49:18,320 --> 00:49:19,920
will the home secretary
recommend?
895
00:49:20,120 --> 00:49:23,400
And in the end, he does
recommend that they be sentenced
896
00:49:23,400 --> 00:49:26,520
to six months in prison rather
than that they be hanged.
897
00:49:27,040 --> 00:49:28,640
And they serve the six months in
prison.
898
00:49:29,200 --> 00:49:31,640
Did you?
And then then of course, as we
899
00:49:31,640 --> 00:49:35,640
mentioned earlier, Dudley has
always been interested in going
900
00:49:35,640 --> 00:49:39,440
to Australia and that was one of
the reasons he took the mini net
901
00:49:39,440 --> 00:49:41,960
job at all.
And and sort of the ending of
902
00:49:41,960 --> 00:49:45,920
the book is him getting out of
prison and then starting his
903
00:49:45,920 --> 00:49:49,120
life again in Australia, which
also doesn't go so smoothly.
904
00:49:49,480 --> 00:49:51,400
What happens to him when he's
there?
905
00:49:51,560 --> 00:49:53,160
How does his life go as a
result?
906
00:49:53,800 --> 00:49:57,160
Yes and the very odd thing is he
goes there and he had been
907
00:49:57,160 --> 00:50:00,560
offered earlier much earlier
before the Mignonette to take
908
00:50:00,560 --> 00:50:07,480
over a like a sailing shop that
his that his aunt ran in Sydney
909
00:50:07,480 --> 00:50:08,840
and he was interested in doing
that.
910
00:50:09,000 --> 00:50:11,240
He goes to Australia.
He does take over the shop,
911
00:50:11,480 --> 00:50:15,080
builds it up pretty
successfully, has a good number
912
00:50:15,080 --> 00:50:19,120
of staff doing very well, gets
other family members to move
913
00:50:19,120 --> 00:50:20,920
over.
His own family grows.
914
00:50:21,120 --> 00:50:24,120
So his life is going pretty well
and he actually then just to
915
00:50:24,120 --> 00:50:27,520
live down the whole minionette
thing, like people do not
916
00:50:27,760 --> 00:50:31,000
necessarily know him as the
captain who killed and ate the
917
00:50:31,000 --> 00:50:32,840
cabin boy.
So he's started his life all
918
00:50:32,840 --> 00:50:36,040
over again from 1884 to about
1900.
919
00:50:36,080 --> 00:50:42,520
Then a bubonic plague epidemic
strikes Asia and it's spread by
920
00:50:42,520 --> 00:50:45,960
ships throughout Asia, which
means it really is very
921
00:50:45,960 --> 00:50:49,200
prevalent in ports, ports like
Sydney and particularly around
922
00:50:49,200 --> 00:50:52,640
the waterfront, which is where
Dudley's shop was.
923
00:50:52,840 --> 00:50:57,160
So he he actually contracts this
bubonic plague when he's in his
924
00:50:57,480 --> 00:51:00,880
in his shop and and home there,
which are right on the the porch
925
00:51:01,120 --> 00:51:05,560
and really oddly becomes the
very first person in Australia.
926
00:51:05,560 --> 00:51:08,440
It's a guy of bubonic plague,
the number one.
927
00:51:08,960 --> 00:51:11,760
And yeah, yeah.
So that's very, you know, sort
928
00:51:11,760 --> 00:51:14,920
of an odd twist.
And and as you point out that in
929
00:51:14,920 --> 00:51:19,200
the official report on the on
the gronic plague, it mentions
930
00:51:19,200 --> 00:51:22,080
that he's the first person to
die and it calls him Thomas
931
00:51:22,080 --> 00:51:26,560
Dudley, sail maker.
So it actually his whole past as
932
00:51:26,560 --> 00:51:29,880
being a captain and a captain
who ate a cabin boy and all that
933
00:51:30,160 --> 00:51:33,960
is pretty much gone.
He's really it made it, you
934
00:51:33,960 --> 00:51:36,800
know, as you mentioned earlier,
people moved to Australia to get
935
00:51:36,800 --> 00:51:38,840
a new start in life.
He had done that.
936
00:51:38,840 --> 00:51:41,800
But somehow he does end up
dying.
937
00:51:41,800 --> 00:51:45,600
And, you know, you could say if
you have a certain sense of
938
00:51:45,600 --> 00:51:48,840
justice, maybe this was the
death sentence that he deserved
939
00:51:48,840 --> 00:51:51,080
all along.
But any case, it didn't, it
940
00:51:51,080 --> 00:51:53,640
didn't end up well for him
because it's not a good way to
941
00:51:53,640 --> 00:51:56,040
die.
And ultimately, how did this
942
00:51:56,040 --> 00:51:58,680
trial affect this whole practice
of cannibalism?
943
00:51:58,680 --> 00:52:01,280
Did this pretty much put an end
to that as an accepted
944
00:52:01,320 --> 00:52:03,960
tradition?
Well, you know, it discouraged
945
00:52:03,960 --> 00:52:07,080
it, but people do point out
that, you know, it's a weird
946
00:52:07,080 --> 00:52:10,320
kind of decision to have
because, you know, if you're in
947
00:52:10,320 --> 00:52:14,280
the extreme conditions of being
in a lifeboat, dying of thirst
948
00:52:14,480 --> 00:52:17,920
and you are inclined to maybe Co
and eat the cabin boy, how much
949
00:52:17,920 --> 00:52:19,880
are you really going to think,
well, I'm not going to do this
950
00:52:19,880 --> 00:52:21,720
because I could be prosecuted
later?
951
00:52:21,720 --> 00:52:24,800
So I mean, there is that
question, but the practice ends
952
00:52:24,800 --> 00:52:28,280
up dying out, I would say maybe
less because of this case than
953
00:52:28,280 --> 00:52:30,440
because of the thing we
mentioned in the beginning,
954
00:52:30,440 --> 00:52:33,400
which is that those steam ships
were really coming, right?
955
00:52:33,440 --> 00:52:35,520
And there were.
There was less and less sailing,
956
00:52:35,520 --> 00:52:39,080
more and more steamships.
And steamships were just not
957
00:52:39,080 --> 00:52:42,760
getting into the same level of
shipwrecks where people, you
958
00:52:42,760 --> 00:52:45,520
know, are in such extreme
conditions, unable to
959
00:52:45,520 --> 00:52:48,000
communicate that they end up
having to cope a cabin boy.
960
00:52:48,080 --> 00:52:51,800
So I think technology is really
what undid it.
961
00:52:51,920 --> 00:52:55,840
So the practice definitely died
out, but the decision has had
962
00:52:56,280 --> 00:52:59,720
other lasting implications,
including for that necessity
963
00:52:59,720 --> 00:53:03,200
defense that I mentioned
earlier, because there was a bit
964
00:53:03,200 --> 00:53:05,880
of a belief that there, you
know, should be a necessity
965
00:53:05,880 --> 00:53:08,080
defense in England.
And there was some of it, and
966
00:53:08,080 --> 00:53:09,560
there was quite a bit of it in
America.
967
00:53:09,560 --> 00:53:13,440
It was fairly well established.
This case really turned the tide
968
00:53:13,480 --> 00:53:17,400
and now we pretty much have a
rule of America, not entirely,
969
00:53:17,400 --> 00:53:21,240
but pretty much that you can
never plead necessity to a
970
00:53:21,240 --> 00:53:23,960
charge of murder.
And as I mentioned, if you steal
971
00:53:23,960 --> 00:53:26,440
a car to save a baby's life, you
could plead necessity.
972
00:53:26,720 --> 00:53:30,560
But in most jurisdictions now
you can't say that I killed
973
00:53:30,560 --> 00:53:32,960
someone to avoid more people
dying.
974
00:53:33,160 --> 00:53:36,760
And that really is a direct
result of this, that way the
975
00:53:36,760 --> 00:53:40,040
Siegel's case.
I was provided A complimentary
976
00:53:40,040 --> 00:53:42,560
advance copy of your book by
your publishers.
977
00:53:42,760 --> 00:53:46,240
Thank you, and I devoured it
within just a couple of nights.
978
00:53:46,640 --> 00:53:51,040
I was really impressed by the
quality and quantity of the
979
00:53:51,040 --> 00:53:53,080
research that you provide in the
book.
980
00:53:53,360 --> 00:53:56,720
What primary sources were you
able to access to do your
981
00:53:56,720 --> 00:53:59,320
research?
Yeah, You know, it was a really
982
00:53:59,320 --> 00:54:02,880
fun book to research.
Most of it was in the National
983
00:54:02,880 --> 00:54:06,440
Archives in London.
And I went there right before
984
00:54:06,440 --> 00:54:08,080
the pandemic.
Then I couldn't go there for a
985
00:54:08,080 --> 00:54:09,640
while, but then I got to go back
again.
986
00:54:09,640 --> 00:54:12,600
That went a number of times.
And as I mentioned, things like
987
00:54:12,600 --> 00:54:16,520
the ship papers where they where
they filled out, where doubly
988
00:54:16,520 --> 00:54:19,720
filled out what food he was
provided that is there like
989
00:54:19,720 --> 00:54:22,840
things like that.
The, the, yeah, the, the list
990
00:54:22,840 --> 00:54:27,360
of, of, of crew is there with
their names and ages.
991
00:54:27,520 --> 00:54:31,600
The, but depositions where they
say what they did, including
992
00:54:31,600 --> 00:54:34,760
Captain Dudley wrote a series of
kind of lengthy handwritten
993
00:54:34,760 --> 00:54:37,920
accounts while he was on that
ship, the German ship on his way
994
00:54:37,920 --> 00:54:40,480
back to Falmouth, he wrote out
what happened.
995
00:54:40,480 --> 00:54:42,320
Those are there.
So it's amazing to be able to
996
00:54:42,320 --> 00:54:45,160
hold in your hands these actual
words of the cannibals.
997
00:54:45,160 --> 00:54:48,160
And they're they're right there.
And then court transcripts as
998
00:54:48,160 --> 00:54:50,240
well.
And then I have this great real
999
00:54:50,240 --> 00:54:53,680
boondoggle, which is because of
the pandemic, the New York
1000
00:54:53,680 --> 00:54:57,440
Public Library decided to put
all of their British newspaper
1001
00:54:57,440 --> 00:55:00,040
archives online.
Used to be you had to go to the
1002
00:55:00,040 --> 00:55:01,720
library and sort of read them
there.
1003
00:55:01,920 --> 00:55:05,120
And so during the pandemic, I
was able to read an incredible
1004
00:55:05,120 --> 00:55:08,480
number of contemporary
resources, you know, right from
1005
00:55:08,480 --> 00:55:12,600
the comfort of my own home from
1884, which made it just much
1006
00:55:12,600 --> 00:55:15,120
easier to really dig into the
details.
1007
00:55:15,640 --> 00:55:18,080
Yeah, like I said, really
impressive.
1008
00:55:18,080 --> 00:55:21,280
Just the the level of detail
which you know, is far surpasses
1009
00:55:21,280 --> 00:55:25,760
anything we were able to discuss
in this in this podcast episode.
1010
00:55:25,760 --> 00:55:28,800
But you know, going into the
families of the the characters
1011
00:55:28,800 --> 00:55:32,840
in the story, Dudley's wife and
her family and Richard Parker
1012
00:55:32,840 --> 00:55:35,800
and also the background of legal
team.
1013
00:55:35,800 --> 00:55:38,120
And we didn't even really talk
about the defense team that
1014
00:55:38,280 --> 00:55:41,040
Dudley and and Stevens were able
to to hire.
1015
00:55:41,360 --> 00:55:44,640
There's so much detail.
They are very rich description
1016
00:55:44,800 --> 00:55:47,440
of what it was like starting off
in Falmouth and then moving to
1017
00:55:47,440 --> 00:55:51,360
Exeter and then finally London.
So really just a great job on
1018
00:55:51,360 --> 00:55:53,520
that.
One of my favorite shipwreck
1019
00:55:53,520 --> 00:55:56,440
books I've ever I've ever read.
And it really is more of a legal
1020
00:55:56,720 --> 00:55:58,800
legal story than a shipwreck
story, so.
1021
00:55:59,440 --> 00:56:00,720
Thank you so much for this kind
work.
1022
00:56:01,440 --> 00:56:03,680
I understand you even spent a
night in a jail cell.
1023
00:56:05,080 --> 00:56:07,920
I did indeed.
So the first time I went to work
1024
00:56:07,920 --> 00:56:13,280
on on this, there was a hostel.
There still is a hostel, I don't
1025
00:56:13,280 --> 00:56:15,440
know that they still have this
particular feature, but where
1026
00:56:15,440 --> 00:56:19,360
you could stay in an old jail
that was actually part of the
1027
00:56:19,360 --> 00:56:22,080
courthouse that Charles Dickens
worked in.
1028
00:56:22,080 --> 00:56:26,160
So a very, very old jail.
And the you could stay in like
1029
00:56:26,160 --> 00:56:28,640
sort of large group rooms, but
you could actually get your own
1030
00:56:28,640 --> 00:56:30,160
prison cell, which is what I
did.
1031
00:56:30,160 --> 00:56:32,720
And it had, it had the bunk
beds.
1032
00:56:32,720 --> 00:56:36,160
It had a toilet which was
covered with like laminate and
1033
00:56:36,160 --> 00:56:39,960
you use it as a luggage rack.
And it had a metal door.
1034
00:56:39,960 --> 00:56:42,880
They, they said the door locks,
but we promise we won't lock you
1035
00:56:42,880 --> 00:56:45,000
in.
And I thought since my
1036
00:56:45,000 --> 00:56:48,520
characters had been sort of
jailed quite by surprise and
1037
00:56:48,520 --> 00:56:50,960
when, you know, when they got
the phone with, I should maybe
1038
00:56:50,960 --> 00:56:54,440
have a little bit of that shock
of being in jail overnight.
1039
00:56:54,440 --> 00:56:56,000
So I did.
I did do that, yes.
1040
00:56:57,240 --> 00:56:59,000
You, you throw yourself into the
role.
1041
00:56:59,560 --> 00:57:01,600
I did indeed method acting,
yeah.
1042
00:57:03,400 --> 00:57:06,400
Where can listeners find and
purchase Captain's Dinner?
1043
00:57:07,720 --> 00:57:09,600
It's available in bookstores
everywhere.
1044
00:57:09,600 --> 00:57:13,280
It comes out November 18th.
It's available for pre-order on
1045
00:57:13,280 --> 00:57:16,200
Amazon and other places.
You can place an order now and
1046
00:57:16,760 --> 00:57:19,360
whatever discount you'll get on
the day it comes out, they will
1047
00:57:19,360 --> 00:57:21,800
they will rebate that to you
when it when, when the book
1048
00:57:21,800 --> 00:57:24,000
comes out.
So it's widely available, I
1049
00:57:24,000 --> 00:57:25,840
would say.
And you know, this was really a
1050
00:57:25,840 --> 00:57:28,640
captivating story, so maybe a
film deal on the works.
1051
00:57:28,760 --> 00:57:31,600
You know, I did just talk to you
about my agent, about that.
1052
00:57:32,040 --> 00:57:33,960
Nothing.
Nothing yet, but fingers
1053
00:57:33,960 --> 00:57:35,800
crossed.
I hope so.
1054
00:57:35,800 --> 00:57:37,520
It'd be interesting to see.
Thank you.
1055
00:57:37,840 --> 00:57:40,680
Would you like to share any of
your social media channels or
1056
00:57:41,640 --> 00:57:43,240
other work that you're that
you're doing?
1057
00:57:43,800 --> 00:57:46,160
I mean, I guess the one thing I
would mention is that my
1058
00:57:46,160 --> 00:57:48,760
publisher's done a really
fascinating thing that's never
1059
00:57:48,760 --> 00:57:51,000
really been done before, which
is they created the Sub Stack
1060
00:57:51,000 --> 00:57:53,360
just for this book.
So if you go to Sub Stack and
1061
00:57:53,360 --> 00:57:55,960
search for Captain's Dinner,
there's more information about
1062
00:57:55,960 --> 00:57:59,320
the book, some about my working
on the book, there's some about
1063
00:57:59,320 --> 00:58:02,120
like cannibalism, and there are
excerpts from the book.
1064
00:58:02,120 --> 00:58:04,120
So I would definitely recommend
people check that out.
1065
00:58:04,800 --> 00:58:07,120
I read some of that.
That's where I that's where I
1066
00:58:07,160 --> 00:58:09,720
found out you spent the night.
In the jail cells, absolutely.
1067
00:58:09,920 --> 00:58:10,800
Yep.
Yep.
1068
00:58:12,640 --> 00:58:15,840
Well, once again, the book is
Captain's Dinner by Adam Cohen.
1069
00:58:16,120 --> 00:58:18,080
And Adam, it's been an absolute
pleasure.
1070
00:58:18,080 --> 00:58:19,080
Thanks for speaking.
With you.
1071
00:58:22,320 --> 00:58:24,960
That's going to do it for
Captain's Dinner, the story of
1072
00:58:24,960 --> 00:58:27,200
the mignonette.
Thank you so much for listening.
1073
00:58:27,960 --> 00:58:30,640
Shipwrecks and Sea Dogs is
written, edited and produced by
1074
00:58:30,640 --> 00:58:34,240
me, Rich Napolitano.
Original theme music is by Sean
1075
00:58:34,240 --> 00:58:37,560
Siegfried and you can find him
at seansiegfried.com.
1076
00:58:38,440 --> 00:58:41,280
All back episodes, show notes,
and show merchandise can be
1077
00:58:41,280 --> 00:58:43,280
found at Shipwrecks and
seadogs.com.
1078
00:58:43,840 --> 00:58:46,480
For AD free listening, please
join the Officers Club at
1079
00:58:46,480 --> 00:58:50,880
patreon.com/shipwrecks Pod.
For just $5 a month, you will
1080
00:58:50,880 --> 00:58:54,600
get at least two bonus episodes
every month and all episodes are
1081
00:58:54,600 --> 00:58:58,000
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That's patreon.com/shipwrecks
1082
00:58:58,000 --> 00:59:00,280
Pod.
Or if you'd like to support the
1083
00:59:00,280 --> 00:59:03,520
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1084
00:59:03,520 --> 00:59:08,400
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Last but not least, be sure to
1085
00:59:08,400 --> 00:59:12,600
rate and review the show in your
podcast app and tell a friend I
1086
00:59:12,600 --> 00:59:16,160
would very much appreciate it.
Please join me again next time,
1087
00:59:16,440 --> 00:59:22,240
but until then, don't forget to
wear your life jackets.