United States v Holmes

Facts

After a shipwreck, an overcrowded boat was in danger. Holmes, a member of the crew, helped to throw sixteen male passengers into the sea. A grand jury refused to indict for murder. He was tried for manslaughter. Lots were not drawn. No seaman was sacrificed.

Issue

Can necessity, or the drawing of lots, justify throwing passengers from a boat?

Held

The jury was directed that passengers should be preferred to seamen, that only enough seamen to work the boat should be saved, and that the victims should be chosen by lot. Those conditions were not met. He was convicted.

Principle

Even the American direction, which Dudley later disapproved, required a fair method of selection. A choice made by the crew was not fair.

Why it matters

Dudley treats the lots direction as wrong. The case remains the factual contrast.

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