The Bismarck tribune., 1929-03-27
Widowsr Asks Authorities ia
8 Take Prompt Action Against
County Dry Raiders
SAY WARRANT WAS ILLEGAL
Deputy Says He Pointed Sawed.
OF Shotgun at Woman's
Hand, but Stumbled
SAY WARRANT WAS ILLecA

AcAAal8. ~HVuHu COuOSels Vo0oy oe.
manded immediate action be taken
asainst county dry raiders for the
Staying Of his wife.
His attorney. Robert A. Milroy.
called upon States Attorney Carbery
to move promptly to place responsi-
bi.ty Tor the shooting OF Mrs. Dekine
1t her home Monday night. II the
authorities fail to prosecute. he said
he would petition for . special grand
jury and for appointment Of 4 special
prosecutor to take the case from Car
baryS hands.
The death for q gallon" tragedy
will not retard the states attorneys
campaign to dry up Kane county.
Carsary said. He was elected on :
G. mpaisn to clean up the county. and
In the short time he has been in c.
lice has initiated more than 400 raids.
Raid Legality Questioned
The le. .lity Of the raid on the
DcSing LONE Is s.lc crux of the en-
tire affair, Deking's counsel said. II
the raiders acted without 4 proper
search warrant, the lawyer insisted.
then Dekirg was within his rights in
ordering the deputy sheriffs from the
house at the point Of two pistols.
A John Doc warrant was issued by
Magistrate J. Weber on the strength
Of an affidavit by an investigator Of
the states attorneys off.:e. The
premises to be searched under the
warrant were described as q two
story house." and the Deking home
was located in 4 general way. The
residence, however, Is q story c3d-A-
half building, attorneys pointed out. |
Attorney Milroy made another
point: that the warran: was used
twice, inaamuch rs the deputies made |
tvo visits to the Deking homo. III |
ol.osss~Feen1 Ntsa1s goo6 -f.-. ,:ac firutl
raid Milroy said, 1T certainly was
not good for the second" It was
during the sccc-,d raid l. It Mrs.
Deking was shot by Deputy Sheriff
Roy Smith rs she ran to the uncon.
'cious form Of her husband. fellcd BY
blow from Smiths clubbed weapon.
Was Warrant Displayed:
There was dispute. too. rs to
whether any warrant had been dis.
played to Decking when the deputies
lppeared at front Ind rear entrances
md demanded permission to search
he place. l.
Smith. suffering from q bullet
pound inflicted when Gerald Dekins.
2 years old, fired a shot from one
I his fathers pistols. made state
nent yesterday to the states sorney.
Ie said he fired In self-defense, be-
ewing that Mrs. Deking, rushing to
er husbands side, intended to shoot
i'm.
The deputy sheriff said he aimed /,
Is sawcd-off shotgun at her hand.
ut that he was walking backward ,
nd stumbled. thus accounting for the
act that the charge from the weapon
ntcred the 35-ycar-old woman's body. ! /
i did not g. the boy" sn..' IS 4
,atcment said. "fIe stepped from be-
Ind the door and shot me In tie I
ght leg when was down." d
Smith said he fired only one shot.
eter Deking, brother Of Joseph and t
. eyewitness, said two 3hots were '
red.
Tear Bomb Thrown 1t
Someone threw 4 tear tomb into d
ie room, Peter Deking said, and Mrs. d
eking, choking and mortally wound c
J. crawled toward the door. o
The boy Gerald gave Z similar ac-
'unt. I grabbed one of the guns my
addy dropped and ! shot with It."
said. 1T was the first tins ever \
lot gum
The boy said that the gallon Of
Inc confiscated by the deputies had
'en obtained for him, because the
'ctor said should drink 4 rlass
cry night because I have ana.mia.,
Peter Deking testified yesterday be- \
&c . coroner's jury. The inquest was
ntinued until the wou. I'D deputy
ertff Is able to appear.
States Attorney Carbary said he
'uld present the facts to the grand
~, but expressed the opinion that
9 shooting was justified on the b,
ou1ds Of self-defense. In,