The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-01-10
South Bend Chief of De-
tectives HurIs Charge
in Court.
BY ARCH STEINEL
Times Stan Correspondent


satisfied that Smith and Jack Kim
ball did the job. Smith put Mrs.
Stults on the spot T believe, and
Kimball stamped her to death"
In clear tones rife with their own
sensational charges, John B. Kues-
pert, chief of detectives OF South
Bend, made this accusation today in
the trial of Harvey L. Smith, former
private detective, charged with the
Staying of Mrs. Genevieve Stults.
Refusal of the court to force the
state to admit as exhibits four
"mushy'' letters written by Charles
Reyher, South Bend real estate
dealer and Kimball's brother-in-law,
to his paramour, Mrs. Stults,
coupled with the accusation that
Kimball aided in the Staying formed
major highlights of today's session.
Painted in the trials background
as minor sensations where the
eiectment of a newspaper reporter
from the press bench because OF the
likelihood that he will be a rebuttal
witness for the defense and the
possibility that illness OF three
Jurors might postpone the trial.
Evidence Forms Maze
Kuespert threw the name OF
Kimball into the center of the maze
of evidence-evidence that retracts
and calls other witnesses Glars with
the rapidity of a stock ticker-When
he told of Smiths arrest in Atlanta,
Ca, and recited his story of the plot
to get Mrs. Stults "out of the way"
"Put that fellow Kinball in a cell
with me for fifteen minutes and I'll
clear up something" Kuespert testl-
fed Smith told him when questioned
in South Bend after he was brought
back from Atlanta, Ca, to face
charges of Staying Mrs. Stults, M1sh-
awaka beauty parlor operator.
On another occasion Smith urged
Kuespert:
Don't let go of Jack Kimball."
According to Smiths story to the
detective chief, Kimball delivered
the $50 which, he, Smith turned
over to the two strangers for "get-
ting Mrs. Stults out of town."
'I asked Smith once why he paid
TWO men he did not know $50 to
turn a. trick for him when he didn't
know that the job was completed"
Kuespert testified, "and he an
swered:
"Well, it don't sound true, but it
is true"
Kuespert testified that Smith
told him he used the alias John
Sanders, after he left South Bend
last June and became circus bar
ker and advance man for a carnival
company.
Reyher Provided Key
The key which Smith used to
"prowl' the Stults apartment and
obtain letters and photos incrimin-
ating Reyher as her sweetheart was
given to him by Reyher, Kuespert
testified Smith told him.
The refusal of the court to ad-
nit the four love letters written by
Reyher while on a vacation to Mrs.
Stults telling her chow much he
missed her, occurred as Mrs. Ger
trude Bartozek, her sister, conlplet-
ed her fifth hour in the witness box
at the opening Of the trials seventh
day.
Robert Proctor, defense counsel,
in ross-examining Mrs. Bartozek
requested by motion that the court
force the state to produce the let
ters as exhibits.
"We'll do it when the time comes"
replied j. L. Harman, special states
counsel.
Judge William B. Hile overruled
the motion of the defense and an
exception was taken.
Election of the newspaper re-
porter, Everett r. Holes of the
South Bend Tribune, came VIXEN
Proctor sought to question Mrs.
Bartozek regarding her purported
conversation with Holes in which
she said she saw the man who
drove the alleged death car IN
South Bend; that she made a date
with him to meet him later, and
that she kept the date, but the
mysterious stranger of "tall, f1orid
appearance" did not keep the ap-
pcintment
Reporter Taken From Room
Proctor turned to Holes at the
press bench to verify the date and
place of the conversation when the
news story was obtained and states
attorneys objected to HOLES pres
ence IN the court if he was to be
used as 4 witness to refute Mrs,
Bartozek's denial that she told him
of stranger that she knew was
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