The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1883-04-29
THE nuYcK-uuNKlN case.
DunKin sensen-ed, aud nuyeK RE-
Leased.

At the opening Of the District ceur.
this morning Thomas Dunkin was or
dered to stand up 70 receive his sen
tenee for his participation in the Tus-
earora stage robbery. when asked If
he had anything 70 say Why sentence
should not be passed upon him, he re-
piled that further than that he WIS in
nocent OF the charge and knew nothing
Of the robbery, he had nothing to say.
The Conit, after a few preliminary re-
marks, sentenced him to q term Of ten
years in the State Prison. The pris-
oner heard the judgment pronounced,
without any perceptible emotion, aud
was immediately removed to the County
Jail. District Attorney Dorsey then
arose and moved that the iudic:Gents
against William IL. uuyek be dis
missed. lie stated that he had been
aetnated in adopting this course by 4
doubt as to he sulicieucy of the evil
dence IN either case 10 convict without |
the evidence Of Huyck, aud he thought
1t best TO secure the p~uIishGoui of one !
of the criminals rather than take the
chances of both escaping. lie had
acted, rs lie conceived, for the best ia.
tsrcsts Of the State, aud WAS in honor
bound, in accordance with his s;ipula-
ton with the defendants attorneys, TO
make this motion. The Count embossed
the District Attorneys views in the
matter, and ordered the Indictments
dismissed. The Court tneu adjourned,
the Judge remaining in hts seat TO act
~ Committing Magistrate upon a com
piaint filed against lluyck by Attorney
Talbot, for perjury. District Attorney
Dorsey moved that the charge be dis
missed. lie stated that the perjury com
United by lluyck had grown out Of the
robbery case, aud he considered that
the honor Of the State was pledged TO
grant immunity to the defendant upon
this charge as we'll as the other. The
Court granted the motion. aui 50 the
last barrier between William II. Huyck
and liberty was removed. IS We have
before remarked in these columns, We
believe that the interests Of justice
would have been better subscrvcl LaB
both Cf tue parties been brought to
tTial. We believe that DUnkiu would
have been convicted without the ;csti-
mony of Huyck, AMI this belief Ia,
been confirmed 10y the assertions 81 4
number Of the jarymeu who served t
the trial. There was a still stronger
case against lIuyck, aud his conviction
would have followed as q m,tter Of
course. The attorneys Tor the prose
cutiou mouagcd the case with superior
abiIity; the evidence was we'll ana
clearly presented, and the officers aud
prosecuting counsel are deserving Of all
credit for tho Zeal, skill and legal ca.
pacity displayed in the procuring aud
presentation OF the testimony. Their
only mistake was cvid utIy attribute.
. bic to the undertaking Of the results Of
their " Efforts, mud their fear til At
, the jury would not give tho evidence
the weight 1t deserved. uUygk's attor.
, neys managed their eide most adroi,ly.
and although !hey put in no Gppeur.
nnce in court. it was undoubtedly ~
their fertile brains that the arron,r
ment originated which resulted in "a,
release Of their guilty client. While IL
is to he deplo:ed that n self confess e..
rDIber, couspiratur and p%cTjIrrr shout.
be thus tGrncd loose upon tie world. !
should be remembered Tia Il il va.
, through the vigilance. industry, an
ability Of tho prosecuting officers nu,
attorneys thrt both Of tho criminal,
were placed 80 securely within Tia,
clutches OF the law. Without the most
strenuous Efforts OF their part neither
Of tho rsbbcrN would hays barI
brought to justice, and for this the,
arc deserving Of all praise. The fac
that they erred III unnecessarily ~Te!.ss
ing their strongest hold 10 strengthen
as they thought, their weaker ono. wat
but an error Of judgment, and shout,
not dctrsct from the credit 10 which
they are entitled for the seryicu the,
have rendered Tho State in the couv.o
ton OF on" of the robbarg.