Show LIBBY FREED OF MURDER r I INDICTMENT State Asks Quashing of Charges Counsel Counsell for Defense Acc Accepts EVIDENCE IS INSUFFICIENT Charges Against Ab Walker Also Dropped Br Dr Associated russ Press WINSTON SALEM N. N C. C Nov 15 15 Murder charges which which have been hanging over the head of Libby Holman Holman Hol Hol- man Reynolds time one-time toast of ot Broadway were dropped today by bythe bythe bythe the state of North Carolina Solicitor Carlisle Higgins went before before be be- fore Core Judge A. A M. M Stack in Forsyth count county superior court and asked that thata a nolle subject to the approval of th the court be entered in the case charging Libby Libb and Ab Walker of Salem Winslon-Salem with slaying young oung I Smith Reynolds her millio millionaire aire husband husband hus hus- band last ast July Higgins based on the h grounds oh evidence j judge dge st Stack Slack ck co concurred iu arid directed dI dIrected di dl- reeled th the motion molion be formally re re- cor corded ed Libby was not in court when Higgins Higgins Hig Hig- gins made his statement She was represented by counsel Bend Benet Poll Poll- koff koU one of ot her attorneys said the then to the thc n nolle e was satisfactory ory rf f ATI c X After Ait r a careful Investigation In inthis this his case in which the defendants defendants' are arender under indictment for murder I 1 am amthor thor thoroughly satisfied that we have not sufficient evidence to justify the case going to trial I am authorized to toay say ay that Sheriff Transou Scott and Assistant Solicitor Solicit r Erie ErIc McMichael 1 both botn of whom have made careful in in- concur conc r in this opinion It therefore becomes my duty to to det determine what course the state shall pursue and likewise any other ques ques- tion ion of ot human judgment There might by an error of judgment If I proceed proceed pro- pro eed to trial without sufficient testimony many mony any discoveries of additional evidence hereafter would be of no avail vail If I pursue the he he course I 1 have de de- In this case if there should be additional evidence hereafter the thc state could proceed to trial hial In determining determining deter deter- mining the thc course that I should pursue pur pur- sue uc I have decided that i if I 1 make Dm n D m mistake it will be the one that leaves a way open for its correction here here- after fler If U the defendants are arC not guilty the lie I least a t the state stale can can can- cando do now is to top stop stop he prose prosecution ution If U they are are guilty then the door should not be closed to a prosecution should lent evi evidence to justify justly it be available avail avail- able at any time hereafter EXPLAINS REQUEST It will be recalled recall d that thal practically aU all 11 of or the Hie evidence which is now v available avail avail- able ble was was was' presented to the coroners coroner's JUly fury ury which heard the thc testimony and so 0 far as I know all aWo of the witnesses who vho attended the party Likewise the 10 evidence of ot all aU p persons who were inthe 1 the house at tho time of the killing killings as aswell s well as the evid evidence nce of the Ian clan wh who made the thel postmortem ex initiation and found the evidence insufficient in in- sufficient to j a charge agai against st any ny person and while the grand jury who vho preferred such a charge and while I have no criticism to make of f their action for I know v that hat it was honest and md sincere benefit it of the evidence e of any witness wit wit- ness ess who was present at the he party pary or who was in the house at the thc tIme lime of the he shooting For these reasons I request that a nolle pross be entered in n this case By taking a n zio no nonsuit suit M can cail cant at t any time line move to bring Mrs Reyn olds Ids and aDd Walker to trial merely by appearing before a judge and moving that lat the case be reopened on on the grounds of ot newly discovered evi evi- dence Formal entering of the nolle was as delayed momentarily while court attaches went vent in search earch of Sheriff Transou Scott who was not nolin in Jn the Continued On Pare Pate Two LIBBY FREED Q MURDER INDICTMENT Continued On PUG PAO Two Tl courtroom o when made his statement W W. N N. N Reynolds uncle of at the dead youl requested that tha th the charges be dropped was present ac Pied by his attorney nci Reynolds said the solicitors solicitor's co course was satisfactory Solicitor H Higgins Higgins' action In dropping drop p ping ing g the charges chares followed the express expressed x i ss ed cd desire of young Reynolds Reynolds' blood relatives WANTED CASE DROPPED 1 W W. v. v N N. Reynolds well known horse horse- man and uncle and co guardian co-guardian of Smith wrote the prosecuting officer a month ago saying the family would E be De quite happy to see sec the c cases es dropped His letter was written after his at- at orneys had informed him they were unable to find had sufficient evidence in a. a two month investigation t to justify n recommendation that the family as cist the prosecution Charges of at willful and premeditated premed premed- t. t ted murder were preferred against the 26 year old old ear widow and her codefendant codefendant co- co defendant in hi an Indictment voted August August Au Au- gust 4 by the Forsyth county grand jury Young Walker was arrested at nt once M Mrs Mrs Holman submitted to arrest near tho the little county seat town of at Wentworth Wentworth Went Went- worth orth in Rockingham Bockingham county and was released In hi bond Through her attorneys she asI asserted as as- I she wanted a tria hia trial and vindication vin yin I at the earliest possible moment moment moment mo mo- ment preferably before the birth of her expected child which she said was expected early next year In In an interview she was quoted as ass assaying s saying ying she w would uld be with with nothing less than complete w exoneration onera- onera tion and an apology for the lodging ing of charges ag against her DIED IN HOSPITAL Smith Reynolds was rushed to it h ith a h hospital from roni his home in Winston Salem last fast July 6 6 a n pistol wound in his lils head He died shortly afterward Most of ot the witnesses questioned house o se party guests said they were convinced that the fatal wound was wassel sel but several circumstances circum circum- stances made officials dubious Mrs Reynolds said that her mind was a blank for 40 hours and was returned returned returned re re- re- re turned to lucidity by a flash Wai- Wai leer her said th lh that t Reynolds declared after alter an all night party pary Im Tm going going- to end it all With I those words he told a coroners coroner's jury Reynolds to him his his- flung purse Officials were unable in the first search to fin find l the gun cun with which Reynolds Reynolds' was killed In a n second search they found it on the floor near neara neara a a door where they felt it should have been easily found the first time time- They sound found blood on a towel in the bath bath- room A An nurse said that she found Walker and Mrs Reynolds struggling on ona a floor in a room of the hospital while Reynolds wounds wound were re bei being treated in another room The nurse quoted Mrs Mr Reynolds as as saying Oh my baby my bab baby Dont Don't you know Im I'm going to have a baby Walker was held as a material wit ness The coroners coroner's jury found that Reynolds came camelo to his death at the hand of oa a party or parties unknown |