The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-07
SEX Of BODY
QUESTIONED IN
MURDER TRIAL
Undertaken at EIkhart Ad-
mitS He Does Not
Know.
ISSUE ON ALSO ON SCENE
Harvey Smiths Counsel
Indicates Theory of
Staying Elsewhere.
ISSUE ON ALSO ON SCENE
BY ARCH STEINEL
Times Staf Correspondent

ELRHART, Ind, Jan. 7.-Just as
q fine, Sleety snow covered Elkhart
curbStoneS, yelling chem until side
walks appeared TO b. the street, so
did the defense of Harvey L. Smith,
former private detective and evan
gelist, charged with the Staying of
Mrs. Genevieve Stults, beauty parlor
operator, today shower a mantle of
mystery about the body found in an
: Eikhart lime pit. 1t was the fourth
day of the trial.
so successfully did Robert E. Proc
tor. defense attorney. snow states
witnesses with questions that he
3 Sorced Charles VALLEY, Elkhart un-
dertaker, into admitting that his
st9tement on direct examination
, that the bones found were those of
q woman, was erroneous.
Z wouldn't swear that It was
, &oman's skull. It might have been
a mans" Valley testified on cross
examination just ten minutes after
{ he had aYerred from the stand that
the torso as that of woman.
u State Wins Point
= The first legal bulls-eye for the
states case came earlier in the
morning when Judge William B.
Hile admitted Valleys testimony
that the body was that OF woman.
it was the first evidence establishing
the actual Identification of the body.
But with the defense eagerly taking
the states witness for their own use
the victory was Short-lived.
VALLEY found himself testifying
one thing one minute and retract-
ing it the next.
"You said a few moments ago
that a wrist watch was found on
the right wrist of the body. Is that
riaht?' questioned the defense
counsel.
"No, was wrong. believe it
was or the left wrist. NO, I'm not
sure which wrist it was on" the
undertaken testified.
Previous testimony showed the
watch was found on the left wrist.
Recall Missing Man Case
The defenses use of Valleys tes-
timony that the skull found IN the
lime pit might be that of a man was
further established when Valley ad-
nitted on roSs-examination that it
might be that of Frank Tucker. a
Warsaw man who disappeared two
years ago. officers who aided in
finding the body in the lime pit first
thought it was that of Tucker. He
is believed to have been robbed and
murdered. His body has never been
found.
Proctor became facetious at one
point in>h his grilling of Valley as to
his competency Of deciding whether
q skull was that OF human being or
not.
"You didn't put mark on the
skull exhibited here. How do you
know it is the same one or that OF
a woman2 You're not like the
grave digger in Hamlet who said.
'Alas. poor Yorick, 1 knew him
Well?'"
VALLEY smiled a no and admit
ted that he could not tell whether
it was that of a woman. He said
the torso looked like pile of rub
bish. Efforts of the defense to fur
ther establish the curpuS delicti and
the crimes venue came with ques-
tioning of Seth Spilman, Elkhart
captain of detectives.
Proctor asked Spilnan how far
the body was from another county
When told "a good ways" Proctor
brought out that some articles found
in the lime pit and to be identi-
fed as Mrs. Stults' were thirty feet
from the pit
Crochet and Listens
a "norther" that dropped In on
Elkhart kept the courtroom attend
ance low. All seats were filled. Two
women. crocheting pillow slips, sat
on camp-chairs near the court-rail
alternately listening to the testi-
mony and dipping needles into the
heavy cloth.
Arden J. WeStbrook embalmer'S
assistant. followed Valley on the
stand. He related the condition OF
tie tcrso when it was taken from
he lime grave to funeral parlor
ae admitted he was not sure of the
set of the skull found in the realty
addition. Bon Air Acres.
Relatives of Mrs. Stults were
scheduled to take the stand late
today and identify articles found
near the alleged murder scene as
those of Gen" StultS. beauty par
lor operator of MiShawaka anc
sweetheart of Charles Reyher, South
Bend real estate dealer up to the
time of her death, took the stand
at noon and identified a wrist watch
found IL the lime pit as that OF
Mrs. Genevieve StultS, his four
year paramour. Reyher told of tax
ing the watch to a South Bend jew
eIry for repair He also Unidentified
a diamond ring. one of the exhibits
as his gift 70 Mrs. Suits.
Muncie Man. 81. Killed
Fr Times Specfdf