Innocent Jack Marion on the gallows |
It’s not unusual, since the development of DNA
evidence, to learn that someone sitting on death row is proven to be
innocent. In some cases, that’s occurred after the execution takes place. But
prosecutors have often offered arguments that just because a convicted murderer’s
DNA wasn’t found, it didn’t PROVE that the man wasn’t guilty. Somewhere in that
equation, those prosecutors seem to forget that the accused is never required
to prove innocence, just a reasonable question as to his guilt.
But in the case of William Jackson Marion’s
conviction and execution, no such argument could be made by prosecutors. Marion’s innocence
was confirmed four years after his execution, when the man he was convicted of
killing, John Cameron, returned to Nebraska. There was no DNA evidence, but
there was the live body of the man who was supposed to be dead.
Jack Marion shortly before his execution |
It seems that Marion and Cameron were in business
together and set out on a trip with both their teams and wagons. But only
Marion returned. He told those who inquired that his partner had decided not to
return. Some local Nebraskans became suspicious and when, a year later, a
skeleton was found on the trail the two men had traveled, the conclusion was
soon reached that it was the remains of Cameron and that Marion had murdered
him. Marion's conduct didn’t help matter much when he disappeared after learning of the finding of a skeleton. It was ten years before he was captured and tried.
Jack Marion was tried three times, finally convicted and
sentenced to hang fifteen years after his business partner went missing.
Nebraska’s governor refused to commute the sentence, even though there was an
organized protest against the conviction.
The McCook Tribune reported on March 31, 1887,
under the headline “Paid the price at last,” that the condemned man spoke with
a clear, strong voice and without emotion, when asked if he had any final
words. “I have made no confession and have none to make,” he said moments
before he was hanged.
Four years later, John Cameron returned to
Nebraska from Alaska, where he apparently spent the years since leaving Marion along
the trail. He was surprised to learn that his former partner had been hanged
for his murder and told reporters that he and Marion had not even had harsh
words for each other.
Interestingly, there was very limited reporting at
the time of Cameron’s return about the unwarranted execution of Jack Marion.
Maybe that’s why it took the State of Nebraska another hundred years before
they pardoned the innocent man.
Tragic story. Another "rush to judgement" affair. One hundred years to pardon an innocent man. Unbelievable.
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