The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-03
Harvey L. Smith Who
Worked for Carnival Is
Accused of Staying.
ALL ELKHART AT TRIAL
Defense viii Contend Body
Not That of Mrs.
Genevieve StuItS.
BY ARCH STEINEL
Times Staff CorreSnondsnt


ELKHART, Ind, Jan. 3.-Death
is ballyhooing in Elkhart superior
court here today where Harvey L.
Smith, former carnival barker.
evangelist and private detective is
on trial for the murder of Mrs.
Genevieve Stults. The state asks
that Smith pay with his life in the
electric chair.
The body OF Mrs. Stultz, divorce
and Mishawaka beauty parlor
operator, was found in a shallow
lime-filled grave near here Oct. Is,
by hunter. She had been missing
since March "a.
Robert E. Proctor, Elkhart, former
state senator, and Smiths counsel,
IS confident of acquittal. He de-
clares the state has only circum-
stantial evidence against Smith. He
will attempt to prove that the body
found was not that Of Mrs. Stults,
thus raising the question of corpus
delicti, and will offer in evidence an
unsigned letter received by Smith
while in Jail awaiting trial which it
is believed contains names of per-
sons involved in the case which
have not been mentioned previously.
Sought to Stop Love Affair
Strong reliance is being placed by
the state on testimony which will be
offered by Charles Reyher, South
Bend real estate dealer, and his
wife. Mrs. jamie Reyher. Smith ad-
mits that Mrs. Reyher gave him }
to get Mrs. StultS "out of the way"
because of a love affair between her
and Reyher.
It is the contention of the state
that Smith interpreted ''out of the
way TO mean numbering the
woman, but the defense will assert
that Smith turned the $50 over to
two strangers and with that act,
ended his connection with the case.
Courtroom Crowded
Business here is almost at a
standstill, as every resident who can
possibly spare the time is attending
the trial This is the second day of
the hearing. and efforts to obtain a
jury which were started Wednesday
are being continued, with the pos
s'''lity a panel may be completed
late this afternoon and ~1ening
statements completed.
Besides his counsel, Smith has as
companions in court deputy sheriffs
acting as guards; his father, Thomas
T. Smith, HagerStown, Md, and his
wife and son, Robert Joyce Smith,
10 months old. The accused man
shows little concern over his plight.
Shortly before his arrest, Smith
was the barker" for an illusion
show at Goshen, where between
court sessions he is now pris-
oner.
They've Heard Him Before
Here in a courtroom with stained
glass windows like those of a church,
the accused man listens. to state
and defense as efforts are being
made to obtain an audience for an
other "illusion, show'-an audience
from the same farmer folk that
listened to Smiths ballyhoo in
Goshen.
Smith has a dropping left eye. He
lets 1t drop a little extra as he
leans toward his counsel to say
that some talesman is not desirable
as juryman.
The stained glass windows may
carry back to Smit hanother period
of his career, that of an evangelist
in q washington Cd. c. church
where he was a barker" in the
calling of soul saving.
Calm demeanor of the defendant
is not shared by his father and his
wife. They are restless. Once
when Prosecutor Glen Sawyer was
questioning a prospective juror
about his views on the death pen
atty, the elder Smith wipe daway
tears.