The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-12
0verruling of Defense
Move for Harvey Smith
Forecast.
FINALE OF STATE NEAR
Prosecutors viii Rest Mon
day After Giving Minor
Evidence.
BY ARCH STEINEL
Times Stan CorrespOndent

AAuth DAdH Correspondent
ELKHART, Ind, Jan. 12.-Baek-
tracking over minor points in the
trial of Harvey L. Smith, former
private detective, charged with the
murder of Mrs. Geneyieve Stults,
cosmetician, the state will close its
case late Monday.
The defenses first gesture after
the state rests will be a motion for
dismissal before Judge william B.
5ile on the ground that the state
has failed to prove the venue Of the
crime. The motion will be over
ruled, 1t is said.
Contradictory evidence, evidence
that might have been brought out
On direct or croSs-examination but
that would have incriminated either
witnesses or Smith, formed the body
Of the states case against the
evangelist-c barker during the
past eight days of the trial.
known facts presented by the
state through evidence to sew tight
the blanket of circumstances upon
Smith are:
l. That articles belonging to Mrs.
Stutls were found in a line-pit near
Elkhart.
?. That Smith trailed Charles
Reyher, South Bend realtor, at the
behest of Mrs. Reyher and reported
that he gave Mrs. Stults. flowers on
ST. Patrick's day and met her in a
clandestine manner.
3. That Smith accepted $50 from
Mrs. Reyher with her brother, Jack
Kimball acting as messenger boy, to
scare Mrs. Stults out of town.
Cites Date Making
4. That Smith made the date,
anonymously, for Mrs. Stults to
leave her home in Mishawaka in a
auto driven by an unknown man.
The state claims that man was
Smith, but has no direct proof.
S. That Smith returned to the
Reyher apartments, the night of the
alleged Staying, with letters and
photos which Mrs. Stults is said to
have had on her person when she
disappeared.
6. That the motive of the crime
was Smiths need of money deSipte
the fact that the alleged body Of
Mrs. Stults found in the hmepit
disclosed 1904 in currency, a gold
wrist watch and a diamond ring.
Z. That Smith paid $50 Office
rent the day of the alleged Staying.
The rent was due that day. The
state insinuateS and viii plead to the
Jury that Smith took the $50 paid
him by the Reyhers and used it for
rent money instead of giving it to
the two strangers" to scare Mrs.
Stults away from her charming OF
Reyher.
Where Defense Will Strike
Points limited at by the state and
to be attacked by defense in testi-
mony and pleadings are:
1. Where was Jack Kimball the
night of Mrs. StultS' disappearance?
He says he was visiting a woman
friend.
2. Why didn't the state disclose
the foru letters which relatives of
Mrs. Stults are alleged to have at
tempted to procure $4,000 from
Reyher for their return.
3. That the Reyhers, Kimball,
Mrs. Gertrude Bartozek, sister of
Mrs. StultS, were away from their
homes the night of the disappear
ance of the beauty operator between
the hours of D. m. and II p. m.
The Reyhers say they were at a
movie show portion of the time.
Mrs. Bartozek said she was trailing
the car in which her sister went
away. Smith bears Mrs. Bartozek
out in her statement.
4. Why didn't the state place
Kimball on the stand as prose-
cutting witness?
5. That the state has not proven
concluSively that the body found IN
a lime pit is that of woman or
man.
6. That the state failed to prove
where the alleged murder was COM
mitted. The defense contends il
Mrs. Stults was slain that she could
have been killed in one county and
brought to the lime pit.
Declare Grave Elusive
7. That the state failed to prove
Smith had guilty knowledge of the
lime pits existence. Deputy sheriffs
and police officers, the defense con-
tends. have gotten lost trying to
find the alleged first grave OF
Gen" StultS.
8. That the state failed to prove
the instrument of crime when its
own physicians held the body found
in the lime pit could not have been
that of a person slain with one
pound wrench discovered near the
lime pit. The physicians held that
death was probably caused by be-
ing beaten or stamped" to death.
9. That it is the belief of a South
Bend chief of detectives that Kim
ball played major role in the dis
appearance Of Mrs. Stults. Kimball
reiterated the story he told grand
jury that he merely acted as mes
senger for Mrs. Reyher on several
occasions Ia her conferences with
Smith,