THE CASE OF CANNIBALISM.

New Zealand Herald, Volume XXI, Issue 7170, 8 November 1884, Page 2 (Supplement)

THE CASE OF CANNIBALISM.

THE PJRISONERS BEFORE THE J< MAGISTRATES.

At the -FaUnouth-Police Court, on Septemfcer, 18, Thomas Dudley, captain, Edwin Stephens, mate, and Edmund Stephen Brooks, seaman, the survivors of the yacht Mignonette, were charged on remand with the wilfnl murder of Richard Parker on the ligh seas, on the 20th .of July last. Mr. ,W. O. Danckwertz, Jan., appeared for the prosecution, together with Mr. U. Appleby Jenkins, Town Clerk of Penrhyn, instructed by the Solicitor to the Treasury ; Mr. Harry Tilly, solicitor, of Falmouth, conducted the .defence. The utmost interest was shown in .the proceedings. A great crowd assembled round the entrance to the Town-Hall nearly an hour before the time appointed for the bearing. The prisoners appeared to be in fairly good health, having considerably improved in condition since their arrest. Captain Dudley seemed to have recovered his old robust and vigorous form, and Stephens was the only one who showed marked traces of bis recent sufferings. Mr. Danckwertz, in opening the case, eaid he appeared to prosecute on behalf of the Crown, by direction of the AttorneyGeneral, and after he had related the facts of the case, it would be for them to say whether the prisoners should stand on their trial before a jury. The charge against them was one of wilful murder. There was no law justifying the conduct of the prisoners, and the magistrates, in fact, had no option but to commit them for trial. Of course, if there was any doubt about the law, the prisoners would have the benefit of it. After mature consideration of the statements of all the prisoners, he had come to the conclusion that Brooks in no way participated in the crime, and he therefore proposed to offer no evidence against him, but to call him as a witness against the other men.

The Magistrates said, as no evidence was offered against Brooks, he would be discharged. Brooks was then released from custody amidst 10-jd applause. James. Laverty said : I am a> sergeant in the FaUnouth Harbour Police. On Saturday, September 6, I was on duty in the harbour ; I saw the prisoners, Dudley and Stephens, come ashore from the Montezuma; they .were stopped by the offioer of the Customhouse ; they then went to the Customhouse, together with the captain of the Montezuma; I was for some time in the long-room; I saw the accused leave, and shortly afterwards return; I then overheard a conversation between Mr. Cheeseman, the collector, and the prisoner Dudley ; I heard Dudley toll Cheeseman that he had killed the boy; he said the boy was lying in the bottom of the boat with his arm across his face (showing the attitude by placing hia own arm to his face); Dudley said he then offered np a prayer, asking God to forgive him for the rash act he was about to commit; he then eaid to the boy, "Riohard, your time has come;" the boy replied, "What! me, sir?" and Dudley said, "Yes, my son ;" he stated that he then took a knife from his pocket, and with his finger pointed to the side of the boy's throat; the knife I now produce : the blade is two inches in length. Dudley went on to say that the <joy did not straggle; the blood spurted out from the side of the boy's neck ; they caught some of it in a bailer, and drank it quite •warm, after which they felt refreshed; Dudley said the boy's legs never moved, and it was all over in about 15 seconds ; when he produced the penknife, I asked Dudley to be kind enough to give it to me; he did so, remarking that he did not wane to lose it, aa he should want it for a keepsake ; I told . him that he could have it on some future occasion: the kuife has been in my posiession ever since: I then left the Cus-tom-house, and went to the office of the Town Clerk; I returned with a warrant, upon the authority of which I arrested the two prisoners and the man Brooks ; about 6 p.m. on Sunday I saw Richard Hodge, a waterman, who handed me over a boat 13 feet long, one pair of paddles, a pair of cratches, a chronometer, a sextant, and a bundle of underclothing; I had the boat and other articles carried to the Custombouse ; a pickage of papers fell oat from the. bundle of clothes; 1 took-possession of them, and they have been in my charge ever since ; the same night I went to Dudley's cell, and told Mm that his things had been Bent ashore by the captain of the Montezuma; I handed him a list "of the documents, and I asked him what I was to do with the boat and other things, and he requested me to hand over everything to Mr. Burton ; I did so on Monday morning.

Examined by Mr. Tilly: The conversation between myself and Dudley took place in the long-room of the Customhouse ; Mr. Cheeseman, the prisoner Dudley, myself, and, I think, two clerks were present; I was standing close to the collector and Dudley ; I thought Captain Dudley had gone to the Custom-house to make a statement: I did not hear the collector caution Dudley as to what he said ; it was in reply to a question by the collector that Dudley descviued what he did to the boy. —Did not Captain Dudley, after describing the position the boy was in, lying in the bottom, of the boat with his face on hie arm, say that he had been in that position for 20 hours ?—No. Did he not say that the boy was very weak, and nearly down to death's door J —l heard him say that he was very weak.; I did not hear him give an account of Ms shipwreck and of his privations; I did not allow the captain to go away under the impression that he might go home that night; when I arrested him Captain Dudley seemed greatly surprised that he was to be made a prisoner. Why did you not mention the conversation about keeping tbe knife as a. keepsake •at the former examination?—lt escaped my memory; but these were the words which passed between Captain Dadley and the collector when the collector asked for the knife; I was under the impression that it was in my evidence. Robert Gaudy Cheeseman said : I am the Collector of Customs for the West Central district, and Receiver of Wrecks. ' Mr. Danokwertz tendered statutory evidence of the register of the MigDonette as a British vessel. Her official number was 56,845; registry port, London; built at Bnghtlingsea, Essex; owner, T. Hall, to whom it was transferred by the bill of sale.

Witness : On September the 6th, about 11 a.m., Dudley, Stephens, and Brooks came to the Custom-house; Dudley said, "We are come to make our statements with reference to tbe loss of our vessel, the Mignonette ;" I had not seen them before that; .they then went to my chief clerk, who took their statements in writing; I read over each statement, as they were completed, neither of the other men being present at the time; I asked each of them, "Is that a true statement of the circumstances, attending the loss of yonr vessel 1" and each replied, "Yes;" I saw them sign the statements, and also signed them.

. Mr. Tilly objected to evidence being given of statements which had not been produced and proved. An argument ensued on this point, after which the Bench retired to consult with the Town Clerk, and on returning decided to admit the statements.

The examination on oath of Captain Dudley relating to the Mignonette was then put in. The main facts in the document, have been already reported, or are mentioned in evidence now given. The captain gives particulars as to the build and rig of the vessel, the rough weather she had to encounter, and the taking to the ship's boat. With regard to the chief incident, he says : —','On the twentieth day, the lad, Kichard Parker, being very weak through drinking salt water, deponent, with the assistance of the/ mate, Edwin Stephens!, killed him to sustain the existence of those remaining, they being all agreed that the sot was absolutely necessary." Another document, substantially corroborative, being the deposition of Edwin Stephens, mate, waa then put in by Mr. Cheeeeman, and read. Examination continued: After the.sworn statement had been completed, I was with Captain Dudley in the long-room ; I said to him, " How did you kill the boy ?" Hβ replied, " On the day previous to doing so, I proposed to Stephens and Brooke that we should cast lots who should die for the maintenance of the others, but they did not agree to that; I then said to Stephens, ', How many children have ynu? , he said, •Five and a wife;' I said, 'I have three and a wife, and, would it not be botter that we should hill the boy Parker in order that three livee might be saved?' I then said, 'If there is no vessel by to-morrow morning,- I think we had better kill the lad ;' no vessel appearing on the following morning,' I made -signs , to Stephens and Brooks that we had better do it, but they seemed to have no heart to do it, so I went to the boy as he was lying in the bottom of the boat frith bis arm over bis face; I took oat my

knife, first offering a prayer to God to forgive us for what we were about to do; I aaid to the boy, 'Richard,, your time is come; , the boy said, "What, me, sir?" I eaid, ' Yes, my son ;' I then put my knife in (here pointing to his neck)." Cross-examined by Mr. Tilly: The depositions were made before me as Collector of-Customs; under sec. 332 of the Merchant j Shipping Act, 1854; I read over Dudley's statement to him .before I swore him; I did not caution him, nor did I point out to him that he was accusing himself of a serious crime; I did not tell him that he was not bound to oriminate himself when he gave the additional' particulars ai to the boy's death ; I did not then caution him ; it was an ordinary conversation; I was present when the men were arrested; Dudley appeared to be surprised ; np to that time he was evidently nnder the impression that he would be able to retnrn home the same night; I did not caution Stephens before I administered the oath; I was not administering in a criminal case ; I may say, added the witness, with some emotion, that at the time I.asked these questions I bad no idea that they would be used against the prisoners in a criminal prosecution. Samuel J. L. Tresidder said : I am chief clerk in the Customs at Falmouth ; I took the depositions of Dudley, Stephens, and Brooks, by direction of Mr. Cheeseman; the statements produced are those I took down; after this I heard them read and sworn by Mr. Cheeseman. • .

By Mr. Tilly : I did not caution the men, because I had not the remotest idea that the crime was to be laid against them.

Re-examined by Mr. Danckwertz : Before I took the statements I did not know what they were going to say. :

Julius Brick Martin Wiese, a seaman ot the German barque Montezuma, said that about 10 in the morning of the day of the rescue, the captain saw a speck in the distance, and, having made it oat to bs a boat, he altered the vessel's course; they proceeded towards the. boat, and found three men in her—the prisoners and Brooks ; they took Dudley and Stephens on board by a rope, becanse the men were too weak to come otherwise ; Brooks could come alone ; witness and another seaman went into the boat, when they saw some pieces of flesh and one little piece of a rib, some old clothes, a chronometer, sextant, and crutches ; afterwards, by order of the captain, they threw the flesh and bones over.board.

Cross-examined: I took off the mate's clothes during my first watch below ; there did not appear to be much flesh on his bones ; during the first few days the men complained that they could neither walk nor lie down; they were about three days in that condition.

Re-examined: Captain Dudley was aft with the captain, and the other two were forward with the sailors; the crew could make themselves understood to the Englishmen a little, but not much.

Gustavus Collins: I am a firat-cla3s Trinity pilot ; on September 5 I hailed and boarded the Montezuma, and took her into Falmouth Harbour; while I was in the cabin with the captain the prisoner Dudley came in and introduced himself.—The witness then detailed Captain Dudley's statements; witness, in continuation, said that the captain told him that on the nineteenth day in the boat they were looking at one another starving; then the captain wanted to cast lots, but thty could not agree ; he then said that the boy was nearly dead; they were unable to agree who ehould kill the boy, the captain wanting the mate to do it, and the mate wanting the captain to do it; Dudley at last stated that Brooks went forward and hid himself in an oilskin to be out of hearing .of it; Dudley did not tell me that Brooks agreed to the killing; I asked Dudley who killed the boy; he replied, "I did," adding, "Before we did it we offered up a prayer to the Lord for forgiveness for the rash act;" I asked him how he did it, and he said that he put the knife against the lad's neck ; before he did so he told the boy that bis time was come, and the boy replied, "What! me, sir?" The captain said they had about a quart of blood, and that he and the mate bad the first drink ; then he looked around and saw the other man, Brooks, coming for his share; they then cut the boy's clothes off, opened him, and took out and ate his liver and heart, and lived rn him till the barque took them up ; Captain Simmerson told me he never saw men in such a etate in all his life; it was on the nineteenth or twentieth day that the boy was killed, according to Dudley's statement ; he did not say there was any agreement about it; I had no conversation with Stepbenß. Cross-examined ; Dudley statsd that he proposed to caat lots, but the others refused ; 1 am not aware that Dudley said to me that they all agreed that the lad should be sacrificed. .

Edmund Brooks said: I am 39 years of age; 1 have been a seaman for SO years. The witness narrated the circumstances under which he shipped on board the Mignonette, and the troubles that arose out of the bad weather they had to contend against. Having described how they took to the boat and the dreadful hardships they from the want of food and water, he continued : Soon after we ate the turtle the captain mentioned as to casting lota as to who should be killed; he mentioned this several times; the boy was pretty well at that time, but did not join in the conversation as to the advisability of drawing lots ; it was either the sixteenth day or night that the boy got ill from drinking salt water; the subject of drawing lots had been mentioned before this; drawing lots was not agreed to; I said, "Let us all die together;" that was after the boy was ill; the subject of casting lots was mentioned on several occasions; on the nineteenth day they were speaking about lots; Dudley spoke about it; the captain said, "There will have to be something done ;" I did not make any answer, nor did I hear Stephens ; I think I was steering the boat; Stephens was lying down close by me ; the boy was in the middle of the boat, and the captain forward; I could not tell much conversation that took place that day; we were looking at each other; there was not much said ; I recollect the next morning, the day the boy was killed; I was steering till six o'clock, when Stephens relieved me ; I do not know what tfine the boy was killed; it was early in the morning; it was the twentieth day after the casualty; the captain, mate, and myself were talking about having to do something; I said, "We shall see a sail to-day;" tbe boy was lying at the bottom of the boat; neither of ub said what that something was; I understood what was to be done by Stephens nodding to the boy and then to me; we had not talked about it before; we did not talk about killing the boy at all — that is, between us three; I was not aware when it was going to be done; I did not hear any conversation between the prisoners about killing the boy ; I was then forward, lying in the bows ot the boat; I was trying to go to Bleep; I had my head right forward and my feet under the thwarts; I had an oilskin coat over my head ; Dudley was aft, either lying or sitting down, when I left him ; Stephens was steering the boat; I do not think I had been to sleep; I heard no conversation between the prisoners, but I heard a little noise, and saw that the bov was dead; I fainted away directly aftor that, but only for a minute or two; I looked around again, and saw the captain and Stephens drinking the bloouj; the blood was in the bailer; one was drinking from the bailer, and the other from the tin; the boy's eyes were quite white; I saw the captain catching the blood from him, and I asked the captain to give me a drop, which ; he gave me; it was quite congealed ;'I" drank it as well as I could; Dudley was standing over the boy, and Stephens was standing near, steering the boat; the boy's neck was cut, but I cannot tell'how, as I did not look enough at the time/; I did not see the knife, but I saw it some time afterwards ; it was a penknife, and there was blood on it; I went aft soon after to steer the boat, and Dudley and Stephens cut the boy's clothes off, and his heart and liver were taken out, and we ate them between us;.for some days after we lived on the boy's body ; I did not at any time ask who. had killed the boy, but I knew that the captain did it, because He said so himself; he told me he killed him with the knife; the boy waa lying in the middle'of the boat; 1 did not take notice of any further conversations respecting the killing of the boy; I was in a very bad state, and I believed the boy wae dying ; I was suffering from bad feet and legs and thirst'and hunger, but I did not feel the latter so much as the thirst; four days after the boy , 'was killed we fell in with the barque, on board of which we were taken; I climbed.up myself, but Dudley and Stephens had to be assisted up the side of the vessel; L cannot ; tell how much of the boy was left .when we fell in with the vessel, but wo had thrown over parts that were

offensive before we were taken on board the Montezuma; we were landed at Falmouth; the-first thing we did on landing at Falmonth was to go to the Collector of Cuetoms, at the anggestion of the captain ; the captain said he was going to the Customs to give in his evidence, and Stephens and I assented to- it; we each made a statement to Mr Cheeseman and the clerk. Mr. Tresaider; when the boy was killed on the twentieth day, I did not know he was going to be killed, but; I had an idea about it; I got the idea by the signs : from the mate that I have spoken of; I swore to the statement 1 made before Mr. Cheeseman, but when I came here this morning I did not know I was going to be discharged. 'The Magistrates retired for consultation, and, on returning into Court, the Chairman stated that the Bench had come to the conclusion that the case was of far too grave a nature for them to decide, and that the prisoners would be committed for trial by a jury of their country. Both prisoners reserved their defence. Mr. Tilly applied that they might be admitted to bail, offering the same euretiee.-as before, and the Bench at once granted the application, their decision being greeted with loud applause.