Tom Reap was accused of murder for the killing of John Halter, whom Reap claimed had an inappropriate relationship with Reap's wife.
Mrs. Reap had filed for divorce claiming that Reap was abusive and did not adequately support her and their adopted daughter.
From the Arizona Daily Star, Tuesday, July 18, 1922:
TRIAL OF REAP ON CHARGE OF MURDER OPENS
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Three Eye-Witnesses Testify After Jury Is Selected
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The case of T. M. Reap, who is charged with the murder of John Halter on the night of May 12th, went on trial yesterday in superior court. Judge Samuel L. Pattee presiding. Testimony of three eye-witnesses of the shooting was heard, and recess called until 8 o'clock this morning.
Starting yesterday morning, most of the trial time was devoted to selection of the jury. It was not until 4 o'clock that the first witness was called. County Attorney George R. Darnell declared that in his belief the trial would take at least three days.
On the night of May 12th, date of the fatal shooting, it is alleged that John Halter was leaving the Electric City Shoe store in company with Jean Reap, wife of the defendant. As proprietress of the shoe store, Mrs. Reap is said to have employed Halter, who was 26 years old, to manage the business. Mr. and Mrs. Reap had not been living together during the year preceding the alleged murder of Halter.
H. E. Shaefer, summoned by the prosecution, was first to take the stand. On the night of May 12th, he testified he was in a drug store opposite the Electric City Shoe store in front of which, it is alleged, the shooting took place. Attracted by the report of a revolver, Shaefer declared he rushed from the drug store. Three shots were fired, he said. He testified he heard the first shot and that he saw Reap shoot the last two. Rushing across the street, Shaefer said he saw Halter reeling towards the ground, with Reap before him holding his revolver in the air. Reap, he said, was asking for an officer to arrest him.
Cross examined by defense attorneys, Shaefer testified that he did not see any woman standing hear Halter at the time of the shooting. He was asked if Reap did not say that Halter was living with his wife, but replied that Reap said Halter was "keeping company."
Shaefer further testified that he took Reap to the police station, and that all the way down there the defendant bragged about the shooting, saying Halter had been keeping company with his wife, and that he was glad he had shot him.
J. M. Ford, another eye-witness to take the stand, testified that Reap, when he saw him was pointing the revolver as though to fire the fourth time. Asked how far apart the two men were when the shooting took place, Ford declared that in his judgment they were between six or eight feet apart. He stated that he did not hear Reap say anything at the time.
That Reap had been drinking prior to the shooting was the testimony of Phil Snyder, who said he and Shaefer took the defendant to the police station. He said that Reap reached toward his hip pocket, while they were going towards the city hall, and that he asked him what he was doing. Reap then replied, according to Snyder, "I am going to take a drink." A half pint bottle of liquor was found on the prisoner, Snyder said.
Thomas Reap was present throughout the whole trial period yesterday. He was dressed in dark blue trousers, with a gray flannel short. Gray haired and already becoming bald, he appears to be nearly 60 years old, although said to be only 45.
The trial jurors selected yesterday were:
William T. Robinson, Carl Ries Lehman, Roy Gonzales, James R. Spann, Charles M. Leith, John Williams, Erik Wik, Haskell Cohen, Joseph T. Scott, John A. Harris, J. M. Carver, Osward E. Kellond.
Attorneys defending Mr. Reap are, Ralph W. Bilby and John C. Haynes.
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Since Reap bragged to all who would listen that he shot Halter, it wasn't long before the state rested its case.
From the Star, Wednesday, July 19, 1922:
STATE RESTS IN REAP TRIAL; INSANITY IS PLEA OF DEFENSE
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Witness Testifies Belief That Prisoner Insane
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Following examination of 10 witnesses, the state, in the trial of Thomas M. Reap, charged with murder, yesterday rested its case, and the defense outlined its plea.
Reap, it is alleged, shot and killed John Halter on the night of May 12th on Congress street. Trial is being held in superior court.
Representing the defense Ralph W. Bilby, attorney, declared insanity would be his client's plea, stating that the reports of infidelity of Mrs. Reap were directly responsible for the insanity when the shooting took place.
Five witnesses testified for the defense yesterday. John L. Van Buskirk, a lawyer, called to the witness stand, declared that he had been present in the city jail when Reap was brought in under arrest.
The defendant, Mr. Van Buskirk said, was pounding his chest and crying for his wife. Reap, according to this witness, was glassy eyed, and kept saying that he loved that woman, that woman he had met in Gallup, N. M. Mr. Van Buskirk also testified that Reap insisted upon reciting how he had met Mrs. Reap, when she had no shoes, and how he had bought shoes for her.
A. E. Crepin, a local storekeeper, testified that he believed Reap insane, judging from actions of the defendant prior to the shooting.
Testifying that he knew both the defendant and his wife, Edward Riser, stated that he thought Reap was insane as a result of his belief that relations existed between his wife and John Halter.
The prosecution closed its case with the testimony of R. F. Simpson, Victor Gregg, W. B. Baylor, C. J. Rich, Oscar L. Pease, John Marshall, J. D. Booth, G. A. McLure, Dr. G. W. Parcell and John I. Reilly.
One might say that any person who would kill another human being is not sane, but these days that might indicate there are few sane people left in the world.
