The hanging of Daniel Sampson: Morning File, Tuesday, December 5, 2017

Source: The Halifax Examiner

DECEMBER 5, 2017 TIM BOUSQUET

Daniel Perry Sampson

Daniel Sampson, the last man to be hanged in Nova Scotia. Photo via CTV

“The last man ever to be executed in Halifax will soon receive a headstone thanks to a national organization dedicated to making sure all Canadian war veterans receive a proper burial and final resting place,”reports CTV:

Two weeks ago CTV News brought you the story of Daniel Perry Sampson, an unemployed black labourer who was put to death after being found guilty of murdering two white boys in 1933. After two trials and appeals all the way to the Supreme Court of Canada, Sampson was hanged behind the courthouse in March of 1935.

An appeal for mercy from the father of the boys was ignored, as was Sampson’s military service in the First World War. The family has always said he returned far different than the man who enlisted.

Brothers 10-year-old Edwin and 12-year-old Bramwell Heffernan were found dead along the train tracks in Halifax’s Chain Lake area. Photo via CTV

Lawyer Barbara Darby provides further details:

In, Nova Scotia Supreme court, 1934, an African-Canadian man Daniel Sampson was charged with murder of Bramwell Heffernan, and was convicted to a death sentence. The court considers with the question of whether “mere words” were sufficient to find that man was provoked to act in a moment of “passion,” when there was no actual physical assault that provoked him. Kids threw stones at Mr. Sampson, but he was not hit by them. The court focuses on the trial judge’s instruction to the jury about the events. Here is Mr. Sampson’s statement:

“STATEMENT TAKEN FROM DANIEL F. P. SAMPSON AFTER BEING WARNED” 14-12-33

“DANIEL F. P. SAMPSON (coloured) age 49 yrs. states as follows. I live at 76 Market street, Halifax, N.S. On the morning of July 19th, 1933, I left my home for Flag Pole hill picking berries. I walked out the St. Margaret’s Bay road and crossed the upper dam at the head of Chain Lake opposite the Prospect road. I went up past Riley’s shack to Flag Pole hill. After passing this shack about a mile I started picking berries. I picked until I got about three quarts of blueberries. I then returned to the railway track and walked towards Halifax until I came to the road which I came in on which led to the main highway opposite the Prospect road. When I came to the highway I walked towards Halifax until I came to a path leading to the middle dam of Chain Lakes. (I could not tell what time this was as I had no watch). I went down this path and across the dam to the railway and went west on the railway to a stream. I saw a man and a woman at this stream. I do not know who they are. I got a drink of water and started up the track. When I got on to the track I saw two boys they were walking towards Halifax I did not know who they were.

I passed them on the track after I passed them they started to make fun of me and called me names and began firing rocks at me. I did not pay any attention to them. I just kept walking up the track a short way and picked some berries. I returned back down the track to the stream where I got another drink. The man and woman were not there when I went back the second time. About a month previous to July 19th, 1933, while going down the path between the highway and the middle dam on Chain Lakes I found a large knife by the side of this path. I hid it. When I went down this path on July 19th, 1933, I got this knife and put it in my pocket there was a sharp point on this knife and I wrapped paper around the point so that it would not cut me. After having my second drink I started down the track towards Halifax and saw these two boys they began calling me names; these boys were wearin blue overalls and white blouses and had berry tins. The first name they called me was coon, nigger and baboon face and kept firing stones at me. They kept moving all the time towards Halifax. I took my time and walked slowly down the track these two boys kept on calling me names and throwing stones. I let on that I was not noticing them. I got alongside of them they were on the right hand side of the track hunched down picking berries about eight feet from the track. I passed them and they started calling me names and throwing rocks. I lost my temper then and went back to the boys did not move, I went over to them took the knife out of my pocket and stabbed the biggest boy in the back. He ran down the track screaming. I then stabbed the other boy twice. I then threw the knife in the woods towards the lake. I then went back up the track to the path leading over the middle dam to the main highway and went to my home at 76 Market street Halifax. The knife just shown to me is the knife which I stabbed these two boys with

“This statement was given of my own free will and accord, and was read over to me before being signed by me.” (signed) Daniel P. P. Sampson X His mark

“Witnesses: W. M. Beazley, Thos. W. McKay.”

The court on appeal concerned itself with whether Mr. Sampson was provoked, so that the conviction could have been for a lesser charge, manslaughter and not murder. One appeal judge notes that Mr. Sampson’s conduct should be considered in the context of his “low mentality.” “He was thus particularly susceptible for this reason and by reason of his race to the insults offered to him and perhaps might not unreasonably be presumed to have lost control of himself so as to justify a finding of manslaughter.” This judge would order a new trial, with the jury being instructed to consider that Mr. Sampson was not an “ordinary man” because of this “low mentality.” His race is not further mentioned, but the judge states that “it must now as a matter of law be ungrudgingly conceded that mere words may constitute an effective provocation,” which seems at least to imply that the racist content of the words was relevant.

It’s clear that Sampson — a man of “low mentality” who signed his name with an X — didn’t write the confession he signed, and probably couldn’t even read it.