Constable's Early Theories: Accusations against Clark Whims and Manuel Duett made at the Time of the Discovery of the Body

Excerpt from Chief Justice Needham's Bench Books: Trial of Tom

2nd June 1869

Tom IndianMurder

Plea Not Guilty

Jonathan Martin Salt Spring Island
Farmer — sworn to interpret Chinook

Witnesses ordered out of Court by request of Prisoners Counsel

Mr Atty Genl for the Crown
Mr Ring for the Prisoner

A.G. [Attorney General] states case

Robert McMillan Police Officer
I understand Chinook
sworn to interpret

Henry Sampson sworn

I am a Farmer and Constable in Salt Spring Island. I remember the early part of the month of March 1868. The beginning of March in consequence of information I rec'd I went to the house of William Robinson & opened it. William Robinson was a colored man living on Salt Spring Island. He was a farmer there. The House is made of strong logs some barked some not. The House laid E by W, N [by?] S. Fireplace was E in the middle. No window in the House. The door was on the north side about the centre of the house. There was a bed on the West side along the length of the house. The table was at the East end along the S side.

I found the door locked — no key in. I forced a log out from a jamb of the door. I got through & saw the deceased Robinson laying on the floor on his back. I cd see the clothes [burst?] & blood running from the back & his nostrils. I mean congealed blood. His head was leaning towards the hearth stone of the fire. His left hand held in it a case table knife. His right hand was laying beside him. I did not move the body. I saw a mark on the table as of the print of a ball where it had struck. There were was a plate & a cup & saucer on the table. There was some food in the plate. I looked round the house & at the bed & I missed a chest. I had known the [illegible] of the house [illegible]. I had been in the habit of going there weekly or every two weeks. That chest had always been there. It may have been a month since I was last there but on that occasion I cannot say whether or not I saw the chest.

I saw no gun. I had seen one there previously nearly every time I went there. He had a gun wh he used to keep hanging over the fireplace. It was a double barrel gun. He had an axe wh I used to see there that was not there. It was a large size heavy axe. It had a handle wh I have heard him say he made himself. The handle was peculiar. The axe now produced & shown to me I believe to be the same but I won't swear to it. It is about the same size. The handle is like the handle I've seen in Robinsons house. I used to see a hand saw there wh I also missed.

He had no coat on. He used generally to wear a coat. I searched the house all over for the coat. I cd not find it. I found a ball a small trade ball. I produce the ball wh I found this is it. I saw a mark in the log as if a ball had struck it. The mark was right in front of where the man lay. The man sat on a broken chair placed on a box facing the South wall of the house.

More I examined the body I found two holes one behind & one [before?] as if a bullet had passed through. The one in front was about two inches higher than the one in the back. The back one was close to the spine a little below the shoulder blades. The mark where it seemed to me the bullet had on the log was not quite in a straight line with the two holes in the man's body only was a little higher from the ground. It appeared to be a bullet mark & was just the place where a bullet passing thru the man's body wd strike. Where the bullet struck was 4 or 5 ft from the south Eastern corner of the house. It wd be a straight line from the hearth stone in front of the fire through the man to the mark on the wall where the bullet seemed to have struck.

The deceased had on a waistcoat & shirt when I found him. No blood on the breast of the shirt. There was a hole in it a small one similar to what a bullet wd make going thru. (Both waistcoat & shirt wr buried with the body after the coroners inquest). !!

I turned the man over & looked at his back & there I saw the mark of a bullet hole & then I turned him over & looked at his breast & saw another mark there as if a ball had come out. His legs lay one on one side of the box on wh the chair was & one on the other. He appeared to have fallen back toward the fire. Nothing in his right-hand and a knife in his left.

xx'd [cross-examined] by Mr Ring

Mr Morley was there. A colored boy went w me to the house his name was Clark Whims. I stopped at the house all day till the Evg. There were many there of the settlers. The coroner was sent for but did not come at once. The exam'n before Mr. Morley who is both magistrate and coroner lasted 3 or 4 hours. The first thing I missed was the chest. It was a small one 2 ft x 6 long a box with a lid. made of [a light?] wood. There was one hole that penetrated the body & passed through. The hole in the back was the largest. The breast hole was closed [more?].

axe I believe the axe to be the same. I have worked with it many times & know its feel. I know it also by the handle. The handle is made of oak. It has been made by hand not by machinery. I have not been to the house since the Prisoner was committed. Two [illegible] persons were accused before Mr Morley. I [lived?] about 5 miles from deceased.

Manuel Duwet [Duett] & Clarke Whims were accused. I never heard a reward was offered. Mr Morley gave me direction to [go & examine?] & I did & reported to him. Whims was not accused of the murder he was only exam'd to see if he knew anything about it. I arrested the prisoner. I can't [tell you?] where the axe was found. I found the Prisoner in his house. He was sick. He walked about w a stick. I looked round the Prisoners house. I did not search the house he was in but I did another on the Indian Ranch. It was William Whims that gave me the information. It was his Brother Clarke who was accused. Every one was suspected. Harrison a col'd man was ex'd. all were ex'd ladies & all.

Re-ex: The [house?] I arrested him in was a small shanty on the Chemainus [illegible]. I searched the Prisoner's house & found a pair of [illegible] & a [two words illegible]. I've seen the deceased use the axe. I know he was a left handed man.

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