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United States v. Holmes
The Sinking Longboat
The facts
On March 13, 1841, the American ship departed Liverpool bound for Philadelphia carrying 17 crew and 65 passengers — mostly Scottish and Irish emigrants. On the night of April 19, approximately 250 miles southeast of Newfoundland, the ship struck an iceberg and began to sink rapidly. Both lifeboats were launched: the small jolly boat carried the captain and nine crew; the large long boat took 9 remaining crew and 32 passengers — 41 people in a vessel dangerously overloaded. The 30 passengers who could not fit went down with the ship. The long boat immediately began to leak. Though the crew rowed continuously and the passengers bailed water, by the night of April 20 the sea had roughened, the temperature had dropped, and the boat was taking on water dangerously. The first mate cried out, "Men, you must go to work, or we shall all perish." The crew began throwing passengers overboard. In all, 14 men and 2 women were thrown into the freezing ocean. The crew selected single men only; they spared married men and threw the 2 women only because they were sisters of a man already ejected who begged to accompany him. No crew members were thrown over. No lots were drawn. Among those ejected was a passenger, who offered the Defendant, a crew member, five gold sovereigns to spare him until morning when lots could be cast. The Defendant refused — "I don't want your money" — and threw him overboard. The following morning the boat was rescued by a passing ship. The Defendant was the only crew member found in Philadelphia and was charged with manslaughter for the death of the passenger.
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