Neil Hanson - The Custom of the Sea

For he was dying at the time, the salt water killed him and the terrible deed was done for the sake of somthing to eat and exist upon. That gastly food, it makes my blood run cold to think about it now, and would to God I had died in the boat. I should have saved the pain from those belonging to me whatever.

I can assure you I shall never forget the sight of my two unfortunate companions over that gastly meal. We all was like mad wolfs, who should get the most. For men, fathers of children, to commit such a deed we could not have our right reason, and it cannot be expected that we had, straining our eyes day and night over the horizon looking for help. What mortal tongue can tell our sufferings but our owen?

About the 15th day, when lots was spoken about and we all was about the same in bodly health, Brooks must admit that I offered my life did the lot fall to me. I was quite prepared to die, I have God for my witness, but no one else would hear of it.

But it was not to be done until the last possable moment and I feel quite sure had we not that awful food to exist upon not a soul would have lived until we was rescued.

But as I have said before, I wished I had died rather than to have pain cast on those who are dear to me, or had let the poor lad died we should not have had many hours to wait I am sure.

Then to be rescued just at death’s door, and receive every kindness from the hands of strangers for 38 days, and to be landed in our owen native country and tell the truth as I did of our sad tale to be cast into prison but thanks to God not for long. We were allowed to return to our happy homes then, to live extra well to get up our bodly strength for three months. But then comes the pain again that recalls all the terrible past. It makes my sad affair doubly hard to bare.

I therefore beg of your further consideration: First, that I trust you may see fit to advise our Gracious Majesty the Queen to grant her humble servant a free pardon, and let me return to my happy home and get my living honistly as I have done at sea since I was not ten years old.

I can say that neither man or woman can say I ever done either an unjust action and every master living I have served since a lad was at Exeter to speak on my behalf. Three came all the way from Scotland but was not allowed.

Secondly, if you cannot advise a pardon, I pray the sentence may be dated from the day I was tried at Exeter, November 6th.

Thirdly, that you will advise an exception and allow me to hear from and write my wife or see her at stated times you may think fit to sanction on my behalf, different from the regulations of the prison. Then my mind would be at rest to know all was well home.

Fourthly, I further pray you will allow an exception to the diet and allow me one good meal daily, namely the hospital dinner that I was supplied with at first for a few days, or that you will allow me to provide one at my expense.

I trust favours asked will receive your merciful consideration, and that you will take into account the unhappy circumstances that have placed me in this position, and that I may receive a favourable reply.

He was granted the right to receive letters and occasional visits from Philippa, but Harcourt rejected the other requests. The home secretary also received numerous other petitions on behalf of the two men from all over the country, including the places most closely associated with the tragedy: Tollesbury, Falmouth and Southampton.

We the undersigned of Tollesbury in the county of Essex, unanimously resolve that a petition should be presented to you, Sir, asking your intercession with Her Most Gracious Majesty the Queen, begging for a free pardon on behalf of Thomas Dudley, now lying in Holloway Jail.

Thomas Dudley is a native of this place and is respected by all who know him. We ask this on account of his hitherto almost blameless life, the terrible ordeals through which he has passed, the fact that medical evidence was altogether excluded at his trial and that his further incarceration will preclude him from the chance of taking up business offered him by a relative in the Colonies.

The home secretary also received,

The humble petition of the Mayor, Magistrates, Corporation and Inhabitants of Falmouth on behalf of Dudley and Stephens, Captain and Mate of the ill-fated yacht Mignonette .

These poor men ought to have the sentence of six months imprisonment commuted and a free pardon granted with an immediate order for their release. Independent of their terrible sufferings in an open boat on the high seas for twenty-four days, the subsequent trial and imprisonment has been to them no ordinary punishment.

There was also a petition from John Burton of the Curiosity Shop in Falmouth, who had met Harcourt when he visited Falmouth two years earlier: ‘May I ask the favour of your sympathy for Dudley and Stephens? Trusting yourself and Lady Harcourt are well, I might here add I am the person who stood bail for Dudley and Stephens.’

A number of other individuals also petitioned Harcourt. Miss Alice Maud Lever wrote from Cheshire asking for a free pardon for them and enclosing fifty pounds to be sent to their families ‘as a New Year’s gift’.

Harcourt was unimpressed. ‘Write to the lady to say that the sentence on these men was carefully considered and cannot be changed, and return the money to her. It is not necessary to give her any address as I do not wish to encourage presents of this kind. Have the letter carefully registered as in its present state the cheque is payable to the bearer.’

Despite his efforts, Miss Lever made contact with Philippa and passed on her donation. She also enlisted her brother, Ellis Lever, an industrialist and philanthropist, to petition the home secretary. He wrote a letter containing, ‘a suggestion which might be advantageous in preventing any such deplorable mishap in the future’.

His idea — that ship-owners should in future be compelled to stock their lifeboats with provisions and water — was eventually adopted, but a law requiring the provision of an adequate number of lifeboats had to await a more terrible tragedy, the sinking of the Titanic .

Ellis Lever also sent a petition to,

Her Most Gracious Majesty Victoria. The case to the prisoner’s wife and children is so exceptional and heartrending and as to the man himself, it should not be forgotten, he unreservedly and voluntarily stated to his most terrible disadvantage the whole circumstances. So constant and remorseful a memorial is likely to endure, not for six months, but for all time to come during his life, that I do most earnestly and humbly beseech Your Majesty so to relax the ordinances of justice in this case, as to be pleased to give directions that the term of imprisonment to Captain Thomas Dudley may be curtailed, if it be even for one moiety of the unexpired portion of that term.

Lever enclosed with his own petition a letter written to him by Philippa.

We have been married seven years and have three children, Philippa, four years and nine months, Winifred, three years six months and Julian, two years and two months.

From his youth he has been hard-working and plodding, aiming to improve his position. Having received little or no education he tried in every way to supply this deficiency. He studied hard and in time gained a Board of Trade certificate.

Every yacht owner has testified in his favour, in fact all who came in contact with him respected him, and it was his boast that no man, woman or child could look in his face and say, ‘Tom Dudley, you have wronged me.’

He often urged me to give up school duties because of the anxiety attending them but while his position was uncertain, I preferred working. The chance of taking the Mignonette out to Australia for a certain sum being offered to him and the business being offered us there by an Aunt in Sydney, he wished to see it for himself without risk of losing money before venturing to take his family.