THE MIGNONETTE CASE.

Mataura Ensign, Volume 7, Issue 42, 30 December 1884, Page 5

THE MIGNONETTE CASE.

The trial of Dudley and Stephens for. murdering and rating the lad Parker on the high seas took place at Exeter. The evidence in no wise differed from what wasgiven attbeinquest. We cannot do better than append an abridged account of the trial, as reported by the • Daily News': — " The unique criminal case arising out of the confession of tbe castaways of the Mignonette has been disposed of in a manner which is also in itself unique, at all events in modern ex porience. By direction of the Judge the jury have returned a special verdict having reference to the facts only, and have left to the Court for Grown Cnses R^serred the duty of determining whether the guitt of murder attaches to the prisoners. The procedure at the close of the trial, curious as it was, appeared to spectators a welcome' way out of the wood. The general feeling of compassion, in which the Judge unmistakeaUy shared, would have revolted against concluding thin ease with the awful ceremony associated with the black cap, That this mockery, however ultimately avoided, should be if possible in the meantime post, pon^d was felt to be essential, and in the absence of any power on the part of the jury to determine degrees of murder, these twelve men at any rate appeared grateful to Baron 'Hudd lest on for the neat wny in w ich he interposed to save them from a decision involving consequence* go ribhorent.

"The hearing of one of the p isoners- — Dudley — Was in rather striking contrast to the general surroundings. If he may be so described withbnt prejudice, his manner was cheerful. His feature* were more than once smilingly relaxed, and,as had been remarked of him by an old mate who met him in the town before the trial, he seemed in good spirits. He is a man considerably under average stature, with square head, nearly bald, and forehead inclining slightly towards the eyes, which are. small and bright. The lower pal't of his face is concealed by a luxuriant growth of light li air of a reddish brown hue- His fellow-prisoner, Stevens, contrasts with him in height, in complexion, which is ruddy, and geriertlly is of a more seamanlike build and demeanor. There was more anxiety visibleinStephßiis's'depomutmfymd his glances were throughout the cafe those of a man who was distressed by his position and eager to know what would be the outcome of the case. Both men were actually prisoners only during the five hours of the proceedings. Bail, in the peculiar circumstances of the case, has been takeu both before and after their trial. The boat in which tLe castaways endured their perils and partook of the 'fl^sh and blood of one of the crew has been on view in Exeter, and the sixpences paid to see it have been allotted to the defence fund. Photographs of the boat have also been on view and on sale in High street, Exeter. It is a boat of about 13ft in length, 4ft If in in beam, and 2£fc in depth. " Considering the great interest attaching to the trial from a lawyer's point of view there were not many counsel present besides those engaged in the case. The prosecution was conducted by Mr Charles, Q. C, and by Mr Charles Matthews. The defence wa." under t? ken by Mr Collins, Q.C-. and Mr H. Clark. On the bench the High Sheriff add the under sheriffs found places for Lady Diana Huddleston and a few ladies and gentlemen of position in the neighborhood. There were also not a few of the fair sex in the galleries of the court. Some of the details of the case were hardly fit for ladies' ears, but there being no real controversy a y s to fa- ts, counsel on both sides were able to puss these lightly over-

: 'The prisoners pleaded not guilty to the accusation that ' they did feloniously kill and murder Kichard Parker on the bigli s^s,' and Mr Charles, Q. C, forthwith opened the case against them. (Jonsp'cuously tender towards the prisoners — a tendcrnesa shown in voice and manner as well as his mode of trenting the case — he y» j t insisted on the duty of the jury to return a verdict of murder, and to leave to the crown the clemency which the great suffering and temptation of the prisoners might naturally inspire. Having set forth the details of the story Mr Charles put the question, What is murder ? and contended that the deliberate killing of a fellow creature even in these oiron instances must come within the definition of that crime. Of possible defences, that of insanity produced by suffering he held to be untenable in face of the fact that before hilling the boy Dudley showed hie knowledge that he was duini; wrong by offering prayer for forgiveness. The other suggestion of self defence he posed of by the argument that the only self defence which excuses murder is self-defence against danger from the person who becomes your victim. This was his interpre tation of the famous illustration, that "if two shipwrecked men h'nd themselves on one plank not able to support; them both, and one thrusts the other off, whereby he is drowned, he who thus preserves his own lifn afc the expense of another man's is excusable from inevitable necessity and the principle of self-defence f since, their both remaining on the same plank is a mutual, though innocent, attempt upon and endangering of each other's lives."

" The interposition of tlie Judge came immediately on the announcement of Mr Collins that his defence would be justification by the necessity of the case. His lordship declining to lay down any such law of justification to the jury, and yet conscious of the exceptional character of the case, and desirous to have the law bearing on the case decided, proposed resource to the obsolete gystem of the jury finding a gf,ecisl

verdict on the facts, and referring the facts to the judges to say what offence in law was committed. The actual form, of the proposed verdict", based upon hia lo rdsj h i p 's own caref u 1 s t u dy of the uncpntro verted -.f cU of the case as shown on the depositions, was here J produced by Baron Huddl^ston, and proceedings were stayed for some moments' uniil it was submitted to counsel for the r inspection and consideration. To the suggestion of defending counsf 1 that this course might deprive him of the chance of a verdict j of acquittal, the Judged reply was an emphatic assurance that he would lay down to the jury as a matter of law that there waß no justificAtion by necessity. Prom this point the issue of the trial was a foregone conclusion ; but Mr Charles and Mr Mm hews had, of course, to lead their evidence, and Mr Collins, wi v hearty eo-«p' ration from the Bench itself, brought out into re lief the extenuating ciicurnstancep, and secured for the benefit of the prisoners the fullest play of compassion that their case could fai»ly excite. Brooks, the seaman who declined to be a party to the death of anyone on the bout, had given answers to prosecuting counsel embo lying sufficiently heartrending' details. For example, his fainting aw&y when the'boy was being killed, but his eager demand for some of the blood when the first sickening at Hie deed was ov.er • the eating of the lad's heart and liver warm ; and the subsistence on the booy for four days. Mr Colling however, elicited further proofs of ihe ■ distressed condition of the men, how on first entering their boat it was nedrly full df water, how they were without nmsta or pibpp'r rudder, how .the size of. the boat. prn- ; vented movement and led to inureasi'd sufferings frojx sores and swollen limbs, how a portion of tin only turtle caught, was spoiled by the silt ' water, how their lips blackened and their tongue began to feei like stone, how terrible were the expedients by which they were driven 'o quench their thirst, how they endured heat by day and cold by night, "and how, but for the death of the boy, Brooks believed they must all have died «of hunger and thirst. The Judge -elicited the witness's opinion that the boy was the weakest and was jippanuitly dying, andjtbkfc when' ; he was killed rhere wag no reasonable'-p'rospfecl: 6i rtt'wf. Mdst J of the other witness had simply to speak of the statements made by lJudley and Stephens since their landing at Ealhioutn. At the reading of one of his own statements making mention of his dear ones at home Dudley for the first .time made any open sign of emotion., The putting in, of the weapon by which Parker's death wis accomplished -an ordinary white handled penknife — naturally added to th •! horror whi6h in the ftill court the spectators were called upon to imagine. Some little bustle was by exception occasioned by the sudden raising at the closu of the prosecutor's case of an objection to the jurisdiction of the Court. It was not apparently treated by the judge as of any moment, but he assured counsel that it would be included in the case submitted to the superior Court. Another brief diversion arose out of a claim by Mr Charles, as representing the AttorneyGeneral and the Treasury, to have the right of reply, tkough no witnesses were examined for the defence. The Judge allowed the claim. Mr Collins then threw his strength into an appeal to the jury to acquit the prisoners in view of the necessity ot their situation and a bold advocacy of the principle that where necessity was paramount the weakest — in this c ise the poor boy — must go to the wall. Mr Charles contented himself with declaring that this was not thn \\w of England.

" Baron Hu.ldleston, in putting the cisc to the juiy, exhibited frequent emotion whilst tracing the sufferings of the crew,jui J reiuaiked that although they could not but feel sympathy for these two m in, yet there was a du'y which they owed to themselves and their country which they must discharge. But he could understand that they might desire to have the best ultimate decision of the law, and therefore he suggested that the jury should in their verdict state the faots, and ask the Court above, which would consist of all the Judges, what in law the crime was upon the facts so stated. His lordship altogether dissented from the doctriue that necessity justified the taking of the weaker life. Neither could he assen^ to the doctrine of ballot. Such a course w«s not justiQeci by the law of England. The law could not be varied to meet particular cases, but there was always the right to ap, peal to the mercy of the Crown, and they would in this case b© at liberty hearty voice to pray the olemenoy of the Crown, and request that the sentence of the law might be softened. Discussing the evidence, his lordship pointed out that there was no question that the captain killed the boy, and that the mate assented. That the captain knew he was doing wrong was evidenced by the prayer for pardon^n.^ by the direction to Brooks to, go. and hide his h<?ad because he had declined to cqnaeqt to- such a proceeding. If a verdict, was to he at onoe taken, the prisoners must be found guilty of 'murder, but he left them to t«Ke another course, aud tha*- was to specify the facts, which facts should be submitted to the Judges, who upon these facts should say whether or not the prisoners were guilty of murder in point of law.

"■At each pause in the .Tudge'a charge the jury consulted with one another in open Court, mere signs of acquiescence being generally all that passed, and then the foreman nodded assent to his lordship's mode of stating the In this way the audience witnessed a jury deliberating on their verdict in open Court, with the assistance and under the direction of the, Judgp, and heard it deslared at the end of this recital of facts so adopted as their verdict that " whether upon this whole matter the prisoners were and are guilty of murder the jury are ignorant and refer to the Court." The Jud^e tead in the faces of the jury

before they Had expressed it their*"' desire to hare their -Strong.' Feeling of compassion for these mpfr -represented in the proper quarts and "completed his judicial task by an assurance that this ' wnuid' be done; The jury adopted his ... lordship's suggestion, expressing the opinian that the three men woiild ha ro ; died. had they not had the boy's body to feed upon, and they wnro agr«ed thatithe.boy was much weaker thanthe rest, and thit when he was killed there was no prospect o£ re.li< -f ; they therefore declared tha«- on the - ffcctp . they were unable to state what thfit verdict should be, and usked the diVeci* tion of the court abore. At the sanie , time, they dusired the Judge to ( onvey their compassion and comruiseruuon to the proper quarter.