Evening star., 1932-08-05
officials Say Actress Must Be Present
I'm Court.

III tOults
WINSTON SALEM. N. c.. August S
R).-Solicitor Carlisle Higgins. chief
prosecuting officer Of this district, re-
fused today to say whether he will con-
sent to bail for Libby Holman Rey-
nolds. former Broadway theatrical fa-
vorite. indicted with Alb Walker yes
terday for the murder Of her hus-
band. Smith Reynolds.
Higgins said Mrs. Reynolds can OBJ
tain her freedom pending trial only by
habeas corpus proceedings before Su-
perior Court Judge. Ordinarily, first de-
gree murder is not bailable of1ense in
North Carolina.
Both Higgins and his assistant. j.
Erie McMichael, were non-cOmmunica-
tive about the case. but the latter said
it would be impossible for bond to be
arranged for the 26-year-old widow.
whose husband was fatally shot July
8 after birthday party at Reynolda,
the family estate, without her presence
in court here.
Walker VIII Not Seek Release.
Bailey IIpfert. attorney for young
Walker. who was jailed soon after the
grand jury returned the indictment yes
terday, said today he will not seek the
release of his client, 19-year-old chum
of young Reynolds, at the present time.
Solicitor Higgins, under the law, is
empowered to decide whether first
degree murder charges or lesser offense
will be pressed when the case comes
to trial, but on this also he declined to
comment, saying he Is not Sufnclently
acquainted with the evidence.
Asked II he would recommend spe-
cial term of court to try the case, Hlg-
gins replied such was not his function
but Is an action to be taken by the
county bar association.
The next regular term of court Is set
for October 3. but members OF the bar
association, because OF a congested
docket, had informally discussed seeking
a special term for September before the
grand jury took up the Reynolds case
Omcials here continue silent upon
Alfred Holnan'S reported assertion that
the indictment of his daughter is
"frame-up and terrible injustice 10
an innocent young woman"
Under the North Carolina law. Mrs.
Reynolds has today and tomorrow to
make application to the clerk of court
here for appointment as administrator
of her husbands estate. 1t was an
nounced several days ago. however. she
has lCAhCStC0 W. AbCyAAOAAS, uAASAS
and co-guardian of the youth, to act
as administrator
so far, no application has been filed
with the clerk.
Reynolds share of his fathers tobacco
fortune Is estimated at from $l5,000,000
to $1,000 900. but he would not have
come into possession for eight years,
under the terms OF the cider Reynolds
will
Couple Secretly Wed.
The two witnesses who testified be-
fore the grand Jury yesterday were
Sheriff Scott and Stewart Warnken,
manager Of the Reynolds estate
The grand jury which was discharged
July IA. it was learned, returned n
secret presentment On this Solicitor
Higgins draw up bills of indictment.
Reynolds and Libby were married,
after an ardent courtship, at Monroe.
Mich. but it was not immediately an
nounced Their marriage took place
but six days after Smiths first wife,
Anne Cannon Reynolds. member Of the
wealthy North Carolina towel manu-
featuring family, secured divorce.
Smith settled Sl.O00,000 on his first
wife and their baby daughter.
Libby and Walker. who was at
Reynolda, the REYNOLDS estate, the
night of the shooting, were principal
witnesses at The inquest.
The young widow testified her hus-
band had often threatened suicide.
Walker said few minutes before Smith
went to an upstairs sleeping porch, he
tossed him his pocketb0ok with the re-
mark, I'm going to end it all"
On the night of July the Reynoldses
entertained at a birthday dinner in
honor of q friend. A few friends were
there, including several socially prom
inent Winston-S Salem young people.
Reynolds was shot shortly after l
a m. 1t was testified. Rushed to hos
pital. he died there at 5:25 am.
Testimony of two nurses concerned
actions of Walker and Libby at the
hospital. where Mrs. Reynolds was
placed in a room while her husband
was dying.
Ethel Shore, night supervisor of the
hospital and Ruby jenkins. a nurse,
said Walker entered the room and they
left
Hearing "a commotion," they said
they entered and found Libby and
Walker on the floor together Strug
Cling to get up. Miss Jones said she
heard Alb tell Libby to say nothing
OF the shooting.
Libby cried, she testified, "Oh, my
baby, my baby"
What do you mean?" the nurse said