The Indianapolis times., 1929-03-28
AttOrneY-GeneraI Called to
Take Charge by
Prosecutor.
PREJUDICE IS DENIED
Husband Gives Version of
Shooting by Dry
Friends
BY w. f. SULLIVAN
United Press staff Correspondent

~AOANOIOAs LII, MdTCn CA state
government inquiry loomed today
over Kane county dry raiders ac-
ton in killing Mrs. Joseph De King
Monday night and clubbing her
husband in the presence of their
12-year-old son.
The community appeared split In
two hostile camps through the con-
troVerSy arising from the incident
at the De King home when one
group of deputies drank wine with
De King while another deputy came
up from behind, struck him with a
shotgun stock and then fired on Mrs
De King, killing her.
George D. Carbary, state attorney
for Kane county, has petitioned At
torney-General Oscar Carlstrom &c
take active charge of the investiga-
ton.
One side, headed by Carbary, in.
sisted that the shooting and club
bing by Deputy Sheriff Roy Smith
was justified as an act of seIf-de.
fenSe.
Agree to State Probe
The other side, led by ateorne
Robert A. Milroy and Albert
KELLEY for the survivors of the
King family, demanded that 1
law enforcement agencies of 5Hs
county abdicate in favor Of state
Officials who can determine with
out prejudice whether the shoot
ing of Mrs. De King was murder
or justifiable homicide.
Carbary met the demands of hi,
opponents by giving the state at.
torney-general an opportunity to
come into the case 80 that the peo-
pie will not think I am prejudicec
or suppressing evidence"
For Carbray, who says he sin.
cerely regrets the De King incident
the killing climaxed notable al.
though brief stormy career as ar
enforcer of the prohibition law ir
community which always has
voted "Wet."
Not to Prosecute Boy
He has promised not to prosecute
Gerald De King, the 12-year-olc
son, who shot Smith in the thigh
after seeing his father clubbed ano
his mother killed.
ut was a natural act of fila
love-" said Carbary. THE boy is to
be pitied rather than prosecuted
because he did what his tender
years made him think was just and
proper"
Smiths condition in the hospital
where he is under guard to prevent
him from talking about the case
and to protect him from possible
attack, has delayed the inquest into
Mrs. De Kings death Attorneys
Milroy and Kelley, however, are de-
manding that the inquest be re-
sumed before the public forgets. "
Joseph De Kings version of the
fatal raid was given today by the
husband and father, whose head
still is in bandages.
Describes Shooting
These men who came to my
house were what you might call pro-
hibition friends" he said. II had
known most of them for a long time,
but 1 did not know Smith. When
they called at the house early in
the evening I brought up a basket
OF wine from the basement. I nat
urally offered them a drink and we
sat in the kitchen drinking our wine
until the other raiders came back
with the shot guns, bullet-proof
vests and tear bombs.
-Four of them stood there and
held guns on my brother, Pete,
while this Smith came up from be-
hind and slugged me and then shot
my wife.
Friends? Sure they were friends
the prohibition kind. Drink with
them one minute and they slug you
the next. Do them favors and they
pump your wife full of lead. How
can a man keep a home under con-
ditions like that"
Milroy and Kelly also have de-
manded that Boyd Fairchild,
on whose testimony a
search warrant was sworn out to
raid the De King home, be pro-
duced by the states attorney and
questioned under oath.
Cast Doubt on AIibi
They said Fairchild was a carpet
bagger" sleuth and they feared he
would flee before being summoned.
Meanwhile they continued their
search for evidence in an effort to
pin charges on Smith.
They asserted that by re-enact-
ing the Staying they have found that
Mrs. De King could not have been
In a position to seize one OF her
guns as Smith said In
contending he shot her in self-de-
tense because she was about TO shoot
him.
Milroy pointed to blood stains on
a table cloth and shotgun slug holes
IN 1t as proof that Mrs. De King
was shot as she arose from the table.