Gilpin observer., 1909-01-14
D|CKEY CASE
District Attorney Smith En-
ters Order Of Nolle Prose
qui and County Loses
the Bond.

When the district court opened
shortly after l o'clock Monday after
noon, District Attorney ]. w. B.
Smith arose and called the case OF
the People VS.. Dickey, saying, "If
the court please, l ask that an order
be entered of nolle prosequi in the
case of the People VS.. Dickey." He
said to the court and the people Of
the county that he (Smith) took the
entire responsibility of the action and
wanted 1t understood that his deputy,
". E. Withrow, was not responsible
in any sense and furthermore that 1t
was against Mr.. Withrow's wishes
and desires.
The Judge ordered the order enter
ed, it being wholly within the power
Of the district attorney to- nolle
proseQui a case whenever he wants
to and the judge is powerless to do
anything.
Henry l.. Dickey. the defendant,
was not present upon the opening of
the court Monday week ago nor on
VI lhlS Weeh, ueoplle Tie
fact that the court had ordered that
he be here last Monday, and in fail
ing to put in an appearance had Smith
not nolled the case the bond would
have been forfeited. Dickey's bond
was for 100000 and was furnished
by Mr.. Cranmer, of Denver, one
OF the owners of the E. & C. build
ing who was abundantly good for it,
The crime with which Dickey is
charged is still green in the minds
of the people. On July 3rd last, he
committed rape on the person of
Margaret Munday. the 14-year old
daughter of Mr.and Mrs. Dan Munday.
The girl was kidnapped and taken
in a buggy to Smith hill below Black
Hawk. where the fiendish act was
perpetrated. Dickey was apprehended
by Sheriff Cody and Marshal George
Launder.
Attorney Smiths action has occas-
ioned no end of adverse comment
among the people of the county and
he is being justly censured in all
quarters. The Peoples evidence was
all intact and the witnesses were
present ready for the trial to proceed
and there was not the least doubt
of conviction. The only resulting
argument from the apparent facts
the case to save the bondsman from
having to pay the 100000, the
amount Of the bond, to the county.
He showed an utter disregard for
the rights Of the people and in so
doing used the unlimited power OF
his office to serve the selfish and
pecuniary ends of the man who sign
ed the bond and who, through the
attorney for the defendant at the
September term of court asked that
he,being absolutely good for the bond
be substituted as bondsman for the
surety company which had been
on the bond for Dickey between the
time when the defendant was bound
over by the justice of the peace
% the district court. The surety COM
pany bond was required by thejustice
of the peace and the deputy district
attorney for the reason that surety
companies whenever possible see to
it that the defendant is in court to
avoid the forfeiture Of the bond.
Upon the request Of Dickey's attor-
rey the court feeling that the indi-
vidual bondsman like the surety com.
pany, would see to it that the de-
fendant was present for the trial,
accepted Cranmer as bondsman.
All this proceeding was decidedly
contrary to the wishes or desires
Of Deputy District Attorney Withrow
and was taken out Of his hands after
he had handled the case from the
start until the present time and
Smith comes all the way from Idaho
Springs, knowing nothing whatever
about the case and takes no trouble
to ascertain II conviction could be
had or not and nolles the case.
Such action a. was taken by Smith
is a travesty on justice and an en-.