1. *How we think about the law
U.S. vs. Holmes (1842)
*How we think about the law

3. The Holmes Case
SS William Brown (immigrant ship) sinks off the coast of NFLD
80 passengers and crew- 2 lifeboats-
42 passengers and sailors ended up on a 22 ft longboat
9 officers and crew members occupied the smaller boat (that was built for 7)
The rest of the 30 were denied entry onto the boats and left to go down with the ship (most were children)

5. The Holmes Case
The smaller boat drifted toward NFLD and was picked up by a fishing vessel
The longboat was too overloaded to move, and due to the weather was perilously close to collapsing
According to the case one of the shipmates then asked the sailors to “lighten the load”, Sailor Holmes obliged throwing 8 people overboard into the frozen waters
They were picked up weeks later off the coast of France, the survivors who made it back to the USA (Philadelphia) asked for the sailors to be prosecuted for Murder- Holmes happened to be in city and was arrested

6. The Holmes Case Holmes offered the defense of necessity
Case heard by Supreme Court Judge Baldwin and a jury- jury convicted Holmes of voluntary manslaughter- 6 months in jail and fined $20
Holmes served his time in jail but was then pardoned by President John Tyler