One evening in March 1868, the corpse of William Robinson, a black settler on Saltspring Island, was discovered in his cabin.1 The colonial authorities determined that he had been murdered.2 The trial that followed resulted in the execution of an Indian named Tom. Though executed, the court’s handling of the case is problematic due to clear witness and evidence tampering as well as the prevalent racial biases held at the time. These flaws would have rendered the court’s decision to convict and execute Tom for the murder of Robinson null and void. In light of the major errors committed by the court, Tom would receive a retrial.
In examining the case of William Robinson one must begin with a clear understanding of the circumstances of the …show more content…
Comparing Victoria to other cities in British North America, it stood in stark contrast to urban centres in the United States. Victoria was remarkably nondiscriminatory against Blacks for the period.13 In Victoria and in the entirety of Vancouver Island, Blacks held civil rights and were free from segregation.14 Though it is certain that some Victorians harboured racist attitudes towards Blacks, these attitudes seemed “comfortingly trivial” to the Black community.15 By way of example, in 1860 the community learned of a runaway slave being held on an American Vessel in Victoria harbour.16 Soon after they received word, Victorian authorities petitioned for the slave’s freedom and release. Quite significantly, this case demonstrates the Blacks’ ability to rely on the law to protect them. In other rural areas like Saltspring Island, the communities were inclusive as well. On Saltspring Island, Blacks and Whites worked together in developing the land and the small community.17 Indeed, the Blacks enjoyed a position of equality and lived free of from the persecution that Blacks suffered in the United States and in the British …show more content…
One piece of evidence, Robinson’s distinct axe, was discovered in Tom’s possession. 34 However, an item, especially a small one like an axe, could easily have been planted and should not be conclusive evidence to identify Tom as the murderer. The other item linking Tom to Robinson was an auger.35 The prosecution claimed it to have been stolen from Robinson’s property by Tom after the murder. However, it had been apparently misplaced prior to the trial and could not be presented and not found in time; therefore it should not have been accorded much weight by any court of law.36 Beyond the axe and auger, my analysis of the primary sources results in no other evidence to connect Tom to Robinson. Furthermore, the evidence could have been tampered with. The coroner’s arrival four hours after Robinson’s death would have allowed for ample time for the crime scene to have been violated.37 In a case such as Robinson’s murder, more evidence would need to be presented to properly prosecute a suspect, and the potential for interference with the crime scene would render any evidence flawed at
In examining the case of William Robinson one must begin with a clear understanding of the circumstances of the …show more content…
Comparing Victoria to other cities in British North America, it stood in stark contrast to urban centres in the United States. Victoria was remarkably nondiscriminatory against Blacks for the period.13 In Victoria and in the entirety of Vancouver Island, Blacks held civil rights and were free from segregation.14 Though it is certain that some Victorians harboured racist attitudes towards Blacks, these attitudes seemed “comfortingly trivial” to the Black community.15 By way of example, in 1860 the community learned of a runaway slave being held on an American Vessel in Victoria harbour.16 Soon after they received word, Victorian authorities petitioned for the slave’s freedom and release. Quite significantly, this case demonstrates the Blacks’ ability to rely on the law to protect them. In other rural areas like Saltspring Island, the communities were inclusive as well. On Saltspring Island, Blacks and Whites worked together in developing the land and the small community.17 Indeed, the Blacks enjoyed a position of equality and lived free of from the persecution that Blacks suffered in the United States and in the British …show more content…
One piece of evidence, Robinson’s distinct axe, was discovered in Tom’s possession. 34 However, an item, especially a small one like an axe, could easily have been planted and should not be conclusive evidence to identify Tom as the murderer. The other item linking Tom to Robinson was an auger.35 The prosecution claimed it to have been stolen from Robinson’s property by Tom after the murder. However, it had been apparently misplaced prior to the trial and could not be presented and not found in time; therefore it should not have been accorded much weight by any court of law.36 Beyond the axe and auger, my analysis of the primary sources results in no other evidence to connect Tom to Robinson. Furthermore, the evidence could have been tampered with. The coroner’s arrival four hours after Robinson’s death would have allowed for ample time for the crime scene to have been violated.37 In a case such as Robinson’s murder, more evidence would need to be presented to properly prosecute a suspect, and the potential for interference with the crime scene would render any evidence flawed at