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英王诉达德利和斯蒂芬斯  

2017-06-19 15:11:20|  分类: 默认分类 |  标签: |举报 |字号 订阅

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The Queen v Dudley and Stephens
英王诉达德利和斯蒂芬斯




“that on July 5, 1884, the prisoners, Thomas Dudley and Edward Stephens, with one Brooks, all able-bodied English seamen, and the deceased also an English boy, between seventeen and eighteen years of age, the crew of an English yacht, a registered English vessel, were cast away in a storm on the high seas 1600 miles from the Cape of Good Hope, and were compelled to put into an open boat belonging to the said yacht.

1884年7月5日,两人犯达德利(Thomas Dudley)和斯蒂芬斯(Edward Stephens),与布鲁克斯,三位体格强健的英国水手,加上死者17到18岁间的英国小孩,一艘注册为英国船的游艇船员,在暴风雨中随船飘离好望角,飘到离岸1,600海里的公海中,四人被迫置身游艇所带的敞舱船上。

That in this boat they had no supply of water and no supply of food, except two 11b. tins of turnips, and for three days they had nothing else to subsist upon. That on the fourth day they caught a small turtle, upon which they subsisted for a few days, and this was the only food they had up to the twentieth day when the act now in question was committed.

在这艘船上,没有淡水,没有食物,只有1磅锡罐罐装的两罐腌菜萝卜。除此之外,三整天没有进食任何食物。在第4天,他们抓到一只小海龟,勉强以其维持数日。这也是仅有食物,直至第20天,本案的行为发生。

That on the twelfth day the remains of the turtle were entirely consumed, and for the next eight days they had nothing to eat. That they had no fresh water, except such rain as they from time to time caught in their oilskin capes. That the boat was drifting on the ocean, and was probably more than 1000 miles away from land.

在第12天,小海龟的余肉尽皆食尽。在接下来的8天里,他们没有任何食物。没有淡水,除了时不时因下雨用油布斗篷接到的雨水。船在海里飘,大概离岸1,000海里余。

That on the eighteenth day, when they had been seven days without food and five without water, the prisoners spoke to Brooks as to what should be done if no succour came, and suggested that some one should be sacrificed to save the rest, but Brooks dissented, and the boy, to whom they were understood to refer, was not consulted.

在第18天,他们已经7天未进食了,且5天未喝水。两人犯对布鲁克斯说,如若救助人再不出现,为了救助其他人,有人得为之牺牲。不过,布鲁克斯不同意。那个小孩,他们都知道指的是谁,并未参与协商。

That on the 24th of July, the day before the act now in question, the prisoner Dudley proposed to Stephens and Brooks that lots should be cast who should be put to death to save therest, but Brooks refused to consent, and it was not put to the boy, and in point of fact there was no drawing of lots.

7月24日,也就是本案行为发生前一天,人犯达德利向斯蒂芬斯和布鲁克斯建议,可以抓阄以决定谁应牺牲,但是布鲁克斯还是不同意。并没有动手。实际上,也没有抓阄。

That on that day the prisoners spoke of their having families, and suggested it would be better to kill the boy that their lives should be saved, and Dudley proposed that if there was no vessel in sight by the morrow morning the boy should be killed. That next day, the 25th of July, no vessel appearing, Dudley told Brooks that he had better go and have a sleep, and made signs to Stephens and Brooks that the boy had better be killed. The prisoner Stephens agreed to the act, but Brooks dissented from it.

就在那天,两人犯说到,他们有家庭,并暗示,杀死那个小孩以救他们是更好的选择,达德利建议,如若次日早晨还没有船只出现,那小孩应杀死。第二天,7月25日,没有船只出现。达德利告知布鲁克斯,你最好走开,不妨睡一觉,并示意斯蒂芬斯和布鲁克斯,那小孩最好杀死。人犯斯蒂芬斯同意,但是布鲁克斯还是拒绝。

That the boy was then lying at the bottom of the boat quite helpless, and extremely weakened by famine and by drinking sea water, and unable to make any resistance, nor did he ever assent to his being killed. The prisoner Dudley offered a prayer asking forgiveness for them all if either of them should be tempted to commit a rash act, and that their souls might be saved.

那个小孩当时躺在船舱中,无望,极其虚弱,因为饥饿和尽饮海水,不可能做任何抵抗。也没有同意被杀。人犯达德利做祷告,如若他们不能自抑做出任何过激的行为,请主宽恕,他们的灵活或可获救。

That Dudley, with the assent of Stephens, went to the boy, and telling him that his time was come, put a knife into his throat and killed him then and there; that the three men fed upon the body and blood of the boy for four days; that on the fourth day after the act had been committed the boat was picked up by a passing vessel, and the prisoners were rescued, still alive, but in the lowest state of prostration.

达德利和斯蒂芬斯,走近那小孩,告知他的大限已近,将刀直插他的喉咙,当场毙命。三人以其尸首和血为食达4天。在行为后第4天,他们的小船由过往船只救起,两人犯自然获救,还活着,但处在极度虚弱状态。

That they were carried to the port of Falmouth, and committed for trial at Exeter. That if the men had not fed upon the body of the boy they would probably not have survived to be so picked up and rescued, but would within the four days have died of famine. That the boy, being in a much weaker condition, was likely to have died before them.

他们运往法尔茅斯港,在埃克塞得审理。如若两人犯不以那小孩为食,他们可能活不到获救之时,反而会在那4天间饿死。那小孩境况更差,可能早于他俩死亡。

That at the time of the act in question there was no sail in sight, nor any reasonable prospect of relief. That under these circumstances there appeared to the prisoners every probability that unless they then fed or very soon fed upon the boy or one of themselves they would die of starvation. That there was no appreciable chance of saving life except by killing some one for the others to eat. That assuming any necessity to kill anybody, there was no greater necessity for killing the boy than any of the other three men.”

在行为发生时,眼界所及并无船只,没有合理的预期获救。在这种情况下,两人差不多的几率是饿死,除非他们以那小孩或者以其他人为食,或者尽快为之。除非杀死某人供他人食用,否则没有获生的机会。如若考虑杀人为情势所迫,杀死那个小孩是压过杀死三人之一的情势。
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