Not Enough Evidence

 

The Buckey murder trial resulted in the indictment of Dick Rankin, alias H. Harrison, for the crime. M.L.Mclaughlin, the County Attorney, pursued the case at the instigation of the prosecuting attorney.

Despite efforts by the prosecution to find evidence, there were no witnesses available. There was also a lack of a statement from the murdered man, who was a citizen of Davis in Tucker County. The available testimony was from a citizen who stated the prisoner worked for him on the day of the murder and was a reputable citizen who had not been charged with murder.

The prosecuting attorney entered a nolle prosequi in the case with the consent of the judge because it was determined there was not enough evidence to convict the defendant. The court stated that it was their duty to do what was right and to vindicate the law. They also expressed confidence that the prosecuting attorney did everything in his power to bring the guilty party to justice. Ultimately, the court censured the prosecution for the non-prosecution of an innocent man.