Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-27
ACTION DEMANDED
IN RAID Staying
Husband of Dead Illinois
Woman Wants Drys Pros
ecuted Immediately. ..
BY the Associated Press.

BY the Associated Press.
AURORA, Ill, March 2T.--Joseph
Deking. through counsel, today demand
ed immediate action be taken against
county dry raiders for the Staying bi
his wife.
His attorney, Robert A. Milroy. called
upon States Attorney Carbary to move
promptly to place responsibility for the
shooting of Mrs: Decking at her home
Monday night IT the authorities fail
to prosecute, he said, he would peti-
ton for a special grand pury and Tor
appointment of special prosecutor to
take the case from Carbary's hands.
The "death-for- "a gallon" tragedy wsI
not retard the States attorEey's csss-
paign to dry up Kane County, Carbary
said. He was elected on a camp&Gn
promise to clean up the county ana -
the short time he has been in Office
has initiated more than 400 raids.
The legality of the raid on the Deklng
home is the cruX of the entire affair,
Dekings counsel said. If the raiders
acted without a proper search warrant,
the lawyer insisted, then Decking was
within his rights in ordering the deputy
sheriffs from the house at the point OF
two pistols.
John Doe Warrant Issued.
A John Doe warrant was issued by
Magistrate j. Weber on the strength Of
an affidavit by an investigation of the
States attorneys Office. The premises
to be searched, under the warrant, were
described as a "tWO-Story house" and
the Deking home was located in gen.
eral way The residence. however. Is
story and half, attorneys pointed
out.
Attorney Milroy made another point:
That the warrant was used twice,
inasmuch as the deputies made two
visits to the Decking home. IF the
warrant was good for the first raid"
Milroy said. "it certainly was not good
for the second" 1t was during the sec
ond raid that Mrs. Decking was shot by
Deputy Sheriff Roy Smith as she ran
to the unconscious form of her hus-
band felled by a blow from Smiths
dubbed weapon.
There was dispute, too, as to whether
any warrant had been displayed to
Deking when the deputies appeared at
front and rear entrances and demanded
permission to search the place.
Claims SeIf-Defense.
Smith, suffering from a bullet wound
inflicted when Gerald Decking. IL years
old, fired a shot from one of his fathers
pistols, made statement yesterday to
the States attorney. He said he fired In
self-defense believing that Mrs. Decking,
rushing to her husbands side, intended
to shoot him.
The deputy sheriff said he aimed his
sawed-off shotgun at her hand. but that
he was walking backwards and STUN
Iod fIoy-c if1r fOr. 70
the charge from the weapon entered
the 35-year-old woman's body.
Il did not see the boy" Smiths
statement said. HE stepped from be-
hind the door and shot me in the right
leg when I was down"
Smith said he fired only one shot.
Peter Decking, brother of Joseph and an
eyewitness. said two shots were fired.
There were two shells on the floor after
the shooting was over. he said. Deking's
account differed from the deputy's in
that the deputy stated Mrs. Decking al
ready had picked up the pistol and
aimed it at him. whereas Deking de-
clared Mrs. Deking had just started to-
ward her husband when the shooting
started.
Tear Bomb Thrown.
Some one threw a tear bomb into
=.
Deking choking and mortaily wounded,
crawled toward the door,
The boy Gerald gave a similar ac-
count. Il grabbed one Of the guns my
daddy dropped and / shot with it, he
said. 1T was the first time ever shot
a gun
The boy said that the gallon of vine
confiscated by the deputies had been
obtained for him. because the doctor
said I should drink a glass every night
because I have anemia"
Peter Decking testified yesterday before
coroner's jury. The inquest was con-
tinued until the wounded deputy sheriff
is able to appear. =
States Attorney Carbary said he
would present the facts to the grand
jury, but expressed the opinion that the
shooting was justified on the grounds OF
sen-defense