The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-17
BARKER found
NOT GUILTY OF
STULTs DEATH
Jury Out Less Than Six
Hours: Harvey Smith
Held innocent.
RELATIVES BREAK DOWN
Father Led Sobbing From
Courtroom; PrayS for
Sons AcquittaI.

ELKHART, Ind, Jan. 17.-Harvey
l.. Smith, former evangelist and cir
Gus barker, today was found not
guilty of the murder of Mrs. Genev.
ieve Stults, beauty culturist.
The jury, after being locked up at
9 o'clock Wednesday night, reached
an acquittal verdict on the sixth
ballot at 1870 p. m. Wednesday.
At the opening of court today at
$50 a. M, William Tiedmann,
Goshen grocer and jury foreman,
headed the band of twelve men into
the jury box carrying the sealed
verdict.
Judge William B. Hile warned the
crowd in the courtroom, many of
whom had been waiting since a. m.
today, that no demonstration must
be made.
Smith SObs Thanks
AS Tiedmann read: 'We, the jury,
find Harvey L. Smith not guilty of
the murder of Mrs. Genevieye
Stults," Smiths head fell between
folded arms on the defense table
and he sobbed his thankfulness.
The courtroom's hysteria was ac-
centuated as his father, Thomas T.
Smith, HagerStoWn. Md, cupped his
face in his hands and cried aloud.
At this juncture Mrs. Mercedes
Smith, wife of the former circus
barker. entered the courtroom.
Sensing the verdict, but with a
voice laden with fear that it might
have been conviction, she hurried
to the side of her fearful husband,
exclaiming, What is it Harvey?
What is it?"
"Acquittal,' was the smiling an
swer of Robert e. Proctor, defense
counsel.
Wife Kisses Mate
Wife and husband, husband
who has been in Jail eight-seven
days awaiting today's end to the
charge that he had slain a beauty
parlor opeartor for $50, kissed.
Smith then shook hands with
the jurors.
81 want to prove myself worthy
of all this" was his mumbled
thank YOU to each juror.
The evangeliSt-detective told
newspapermen that he would return
to the occupation of private de-
tective-the occupation that result
ed In his trailing the lover OF
Charles Reyher, South Bend real
tor, and ended in her disappearance
Just long enough to find the per-
son or persons who killed the Wonl-
an he was tried for Staying.
Six Ballots Taken
Jurors said that on the first bal
lot taken the score stood to 5 for
acouittal. Two additional ballots
brought the count to to 4 to free
Smith, The fourth ballot showed
9 to 8 and the last vote before the
sixth ballot and verdict was reached
was 10 to to acquit.
Mrs. Stults disappeared March "a,
1928. Her body was found in a lime
pit near here several months later:
The state charged Mrs. Stults had
carried on cIandeStine love affair
with Charles L. Reyher, South Bend
real estate operator, and that Mrs.
Reyller had hired Smith for $50 to
"get that Stults woman out OF the
way"
Courtroom Is Jammed
The trial, which assumed the pro-
portions of a sensation for Elkhart
and northern Indiana, came to a
close Wednesday in a courtroom
overflowing with spectators, who
brought camp chairs, stood on vim
dow ledges, and all but took over
the attorneys tables.
States's Attorney Glen Sawyer,
in his final argument, made only
brief mention, of the death penalty
and stressed the second degree and
two manslaughter penalties.
Earlier in the day the father had
broken down under the strain Of
weeks of nervous tension.
Taken to the witness room near
by, he knelt at a chair ard mumbled
a prayer while his body shook with
sobs. He remained praying for a.
half hour.