Apply the Sea Law: Passengers first, crewmen second, with lots drawn for who gets thrown overboard. The usual fair.
Typically, but this situation did happen. In 1841 the American Ship William Brown struck an iceberg 240 miles from Newfoundland. The captain, with the second mate, seven crew members and one passenger got into the jolly boat. The first mate, eight crew members, and thirty-two passengers got into the longboat. Thirty-one passengers stayed on the ship and drowned. When the longboat started to leak the first mate decided that the men should be thrown overboard to save the boat, and ordered the crew to do so. Fourteen male passengers were thrown into the sea. Those left on the longboat were rescued the next day.
The first mate and most of the seamen fled before trial. One was brought before trial where the judge instructed the jury that the "law of the sea" required that passengers be saved before crewmen, and that lots had to be drawn if passengers were to be thrown overboard. However, surviving passengers testified to the compassion of the crewman and recommended mercy. He was sentenced to six months hard labor, in addition to the nine months he already served.
