The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-16
STATE MAKES
final PLEA IN
SLEUTH TRIAL
Jury to Get Murder Case
of Ex-DeteCtiye Late
Today.
HOPES TO CHEAT CHAIR
Expect Death Penalty viii
Not Be Asked; Wait
Verdict Thursday.
HOPES TO CHEAT CHAIR
BIZ United Press

BIZ United Press
ELKHART, Ind, Jan. 16.-Today
must seem an endless age to Harvey
L. Smith, for Thursday the bakers
son, who wanted to be a private de-
tective instead of chicken farmer,
will learn whether he is to be set
free or ordered behind those walls
at Michigan City, where names are
lost and men are known by num-
berS.
He has told the twelve farmers
and small town merchants who
make up the jury in Judge William
B. Hiles' superior court here that
he had nothing to do with the
brutal Staying of Genevieve Suits,
Mishawaka divorce, beauty parlor
operator and woman of frivolous
romance.
If she was murdered on the night
of last March q, when he had
planned to scare her away from
her married lover, it was two
gangsters who did it, he insists.
But today he sat Stolidly in his
chair for three hours and heard the
states attorney brand him as a
man who committed terrible
murder for $50 in order that he
might pay his Office rent.
Arguments Are Started
Perhaps this afternoon his hopes
will be quickened when his own at
torney argues that not one of the
states twenty-six witnesses has
shown he had any part in a MUIR
der plot and that the state has
failed to establish the very founda-
ton of its caSe-the fact that Mrs.
Suits actually was slain and that
it was her body that was found on
a desolate subdivision lot near here
Oct. Is.
Tuesday the last bit of evidence
in the case, which has assumed the
proportions of sensation for
northern Indiana, was read into the
records and recess was taken un-
til this morning, when the final
arguments before the jury were
started,
With each side allowed three
hours for its pleas, it is probable
the jury will receive the case be-
tween and o'clock tonight after
a lengthy charge from the court.
Smith is Restless
With prospects of lengthy de-
bate behind the locked doors of the
jury room, it was indicated that
Judge Hile might not remain in his
chambers for the report but would
order a sealed verdict returned at
$3.50 o'clock Thursday morning.
Smith noticeably was restless
during the morning recess of court
as he sat in the IRON barred room
just off the court chamber with his
21-year-old wife, and their 10
months old baby boy
II wish this was over with but
/ guess we'll know before long now"
he said, adding with smile, "gee,
this is going to be a long day"
In the little family circle behind
the bars also was the accused mans
grey-haired but stalwart father,
Thomas T. Smith, 81, who left his
bread bakery in Hagertown, Nd, to
come to his eldest sons aid.
Smiths 49-year-old mother is back
home.
81 am hoping and I'm confident
we are going to have some good
news to take back to her." the
father said.
When court opened for the trial
session of the trial there was talk
that the death penalty-the insist
ent demand of States Attorney
Glenn Sawyer when he brought
Smith to trial-would not be men
toned in the states argument to
the jury.
Asked what forfeiture they viii
ask for the life of Genevieve Suits,
Sawyer and his assistant, Attorney
j. l.. Herman, carefully avoided
mention of the electric chair. But
they willingly explained the six
charges under which conviction
may be brought
Under the new Indiana statute,
enacted two years ago. first degree
murder carries a sentence Of death
or life imprisonment. For convic-
ton of under second degree MUIR
der life Imprisonment is manda-
tory. Accomplish convictions may
be returned under both degrees and
carry the same penalties. Volun-
tary malslauglter is punishable by
two to twenty years and invollra-
tary manslaughter by one to ten
years.
Hint Accessory Plea
Legal men. who have followed the
case, expressed opinions today that
Smith must be found guilty Of either
first or second degree murder or the
accomplice clauses. or he must be
acquitted.
A guilty verdict could not be
justly returned under the man
degree, they explained.
because the states case has been
constructed in manner designed
to show that the murder was the
result Of a carefully laid plan.
Close upon this Interpretation fols
lowed report that the state would
argue for q, verdict finding Smith
guilty Of being an accessory to the
crime.