Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-07-29
LlMkE's ACQUITTAL.
The Man Who Shot Three Men Permitted
to go Free.
Pierre Recorder

Albert Linke, the man charged with
the murder of Caleb Perry, was dis
charged from custody this morning,
after protracted examination lasting
several days. The evidence adduced
was substantially the same as published
at the time OF the shooting. The ex-
animation was very ably conducted, and
it is thought that the decision, from all
the circumstances in the case, is Just
one. Justice Frank NJ. Ferris, reviewed
the evidence and rendered the following
decision in the case: In the case of the
territory against Albert Linke, from all
the evidence adduced it appears to the
court:
That the 9Th day of July, 1884, de.
fendant in company with his wife. was
engaged in driving some cattle of the
deceased into a corral, situated on the
defendants land.
That at said time the deceased, Caleb
Perry, in company with one
Benedict and Porter, came upon de.
fendant's premises, advancing toward
defendant and his wife, the deceased
and Porter each carrying in his hand a
stick of wood, that carried by the de-
ceased beng OF sufficient size and char
acter to in1ict great bodily harm upon
| VIZ oooy SA q PCAcoA WILL GAO OIuluhIy
force of an angry man.
| The deceased upon coming up to de.
fendant, after few angry words ensued
between them, without lawful cause and
justification, assaulted and beat de-
tendant with q stick, striking him upon
the elbow of the left arm, rendering it
painful and almost useless for immediate
self.defense.
| Whereupon defendant Immediately
turned around and ran to where his gun
was lying on the ground, about twenty
feet distant, and Immediately, acting
upon the instinct of fself-preservation and
of the preservation of the life of his wife
which springs spontaneously in the
bosom of every true husband, when he
Justly believes himself or any member OF
his family to be in danger of great bodily
injury from an unlawful assallant, picked
up his gun and instantly facing the
direction of his adversaries, observed
Porter running towards him with his
stick raised in his hand, and Benedict
advancing few feet in the rear o1
Porter.
Defendant fearing danger to his life
from an assault from Benedict and Port.
er, instantly cooked his gun and fred
: wounding Porter and Benedict. Defend
ant then Immediately seeing his wife in
the act of being choked by the deceased
and fearing injury to her at his hands
while deceased was in the act of choking
his wife fred and shot the deceased, in
t1lctlng fatal wound from which de
ceased died soon after on the same day
It is considered by the court that wher
> person, or any member of his family
,. is feloniously assaulted, and from all the
. facts and circumstances, such as the ma
ture of the original attack, and the
number and strength of the as
! sailants compared with those as
= sailed, he has just and reasonable
cause to fear, and does fear, death ant
great bodily harm to himself or sucE
member of his family, he is not bound tt
retreat even for his own safety, and if ht
discover his wife in peril he may advance
to defend and save her from death OF
!; grevious bodily harm, and if in so doing
: he necessarily kills the assailant, th,
, killing is justifable homicide.
!. Wherefore, it appearing to nae tha
there is not sufficient cause to bellev.
!, the within named defendant guilty oi
the offense charged in the within infor
nation, or any other known to the law
> I order him to be discharged.