Tales from the Morgue: Merchant policeman slain, part 3

PARKER BOUND OVER FOR TRIAL AFTER HEARING ON CHARGE OF KILLING FORD
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Paul Davis Tells of Threats Made by Accused Man Several Times Prior to Fatal Shooting on Downtown Street
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EIGHT WITNESSES TESTIFY FOR DEFENSE
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Policemen and Reporters, First on Scene of Slaying, Among Witnesses; References to Wife of Defendant Barred
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By Paul H. Hennegin

Threats to kill Urey Ford, special merchants' police officer, were made by James T. Parker, former watchman at the University of Arizona, on March 29 and on at least three subsequent occasions. Paul Davis, proprietor of the Diamond Lunch stand, testified yesterday at the preliminary hearing of Parker, who is charged with first degree murder.

Parker was bound over for trial in the superior court without bail, charged with the first degree murder of Ford on the night of April 21. The defense did not put Parker on the stand, reserving his testimony for the actual trial. Eight other witnesses were called by the defense, none of whom was cross examined by the state, represented by County Attorney Louis R. Kempf and Assistant County Attorney K. Berry Peterson. Immediate trial of Parker was the prospect given out by attorneys for both sides following the hearing.

Parker appeared in court surrounded by four attorneys. John L. Van Buskirk handled the cross examination of state's witnesses at some length while George Hilzinger handled direct examination of the defense witnesses. Frank Duffy and James V. Robbins of Nogales, both of whom are relatives of the defendant, also appeared.

Urey Ford died from gunshot wounds received on the night of April 21, while he was standing in front of the Consolidated National bank on Congress street, in the heart of the business district. Parker was arrested immediately after by Patrolman Charles Hines and the revolver from which the fatal shots had been fired was taken from Parker's hands. The shooting took place about 11:40 p.m. while a large number of people were still about.

Court Room Crowded

The little justice courtroom was crowded to overflowing, with extra chairs and boxes for spectators and court attaches to sit upon. Newspaper reporters were forced to sit upon the floor and around the desk of Justice E. S. McEwen of Silverbell, who presided in place of J. P. Mallory, now lying ill at St. Mary's hospital.

The defendant sat throughout the day's hearing apparently unmoved by testimony of witnesses and displaying keen interest in his case. Often during cross examination of state witnesses he would lean forward in his chair to offer advice. On a bench behind him sat a number of relatives, his mother, Mrs. Jim Hathaway, widow of a well known Santa Cruz county cattleman; Sheriff and Mrs. Harold J. Brown of Santa Cruz county, the latter a sister of Parker; Mr. and Mrs. James W. Hathaway of Nogales, the latter another sister of the accused man; George Parker, his brother; O. F. Ashburn of Nogales; Mrs. B. F. Greenwood and Dave Branch, the latter two of Tucson and cousins of Parker.

Plans for a self-defense and the "unwritten law" plea for the defendant were apparent as the defendant's counsel pressed witnesses for information leading to the theory that Ford had drawn his gun and that Ford had made a "date" with Mrs. Parker, a short order cook employed by Davis, thus breaking up his family.

The testimony of Davis seemed to strike the defense counsel with surprise. To his statement that he could remember nothing but the substance of a number of conversations, in that they were all wound about an apparent grievance Parker held toward Ford in his belief that the merchant police officer was the cause of the separation between his wife (Mrs. Parker) and himself and that he continually brooded on the matter and made threats to kill Ford, Davis refused to be shaken. Once, Davis testified, Parker spoke of going out on the desert and killing himself.

The first verbal fireworks of the hearing came when the state objected to Van Buskirk's question as to whether Parker had not spoken to Davis about effecting a reconciliation with his wife and Davis discharging her. This was strenuously objected to by Peterson on the ground that it was irrelevant. Despite Justice McEwen sustaining the objection, defense counsel rose en masse to protest and brought into play law books to back up their plea. After solemnly reading through the passage marked out by Attorney Van Buskirk, while attorneys for both sides wrangled and shot sarcastic remarks back and forth, the justice remained steadfast and refused to allow the question. Numberless times afterwards the defense attempted to get the subject of Mrs. Parker before the court, but on each occasion the state was equal to it and was upheld by the court.

Ford Warned by Davis

Davis told the court he had warned Ford about three days before the shooting that Parker was threatening to kill him, and at the time Ford seemed downcast about it. Tears came to his eyes, Davis said.

Questioned as to why he had not warned Ford sooner, Davis said he had not realized how serious the threats were and had hopes of changing Parker's views on the matter before he did anything rash. Davis was kept under cross-examination nearly an hour.

The second clash between counsel came near the close of the hearing when the defense put on the stand Dallas Ford, brother of the slain officer. After preliminary questions, Ford, a member of the Tucson police force, was asked a negative question as to whether he had not been approached by Parker regarding Urey Ford's attentions to his (Parker's) wife and whether at that time Parker had made any threats. Peterson was quickly on his feet with an objection which was sustained by Justice McEwen. Clothed in different words, the question was again put, only to meet objection which was sutained over vigorous protests from the defense counsel.

Following Davis' testimony, Captain Mark Robbins of the police department was put on the stand. He corroborated in part testimony given during the morning session by Paul H. Hennegin, newspaper reporter, regarding the picking up of Urey Ford's gun from the sidewalk and statements Hennegin alleged had been made by Parker in the presence of other officers. The state rested its case at 2:50 p.m.

Defense witnesses Patrolman R. H. Mellheny and Charles A. Wein, Chief of Police Jack Dyer, J. F. McKale, director of athletics at the university; John P. Lawlor, otherwise known as "Lefty" Lewis; Merton Martenson, newspaper reporter, and Walter Rice, mortician from the Tucson Mortuary, followed in quick order on the stand. Except for a question or two put to Chief Dyer and McKale, the state failed to cross examine.

Reporter Testifies

The testimony of the officers mainly concerned the finding of Parker's gun and the arrest of Parker. Mellheny further corroborated testimony of Hennegin. Martenson testified as to the last words spoken by Ford as he lay dying in the ambulance on the way to the hospital, while Lawlor told of hearing the shooting and running to the assistance of Officer Charles Hines, the first person at the scene of the shooting and the arresting officer.

During the morning session of the hearing, five witnesses for the state were called. Earl G. Barron, 21, who testified that he was the second person to arrive at the scene of the shooting, was the first witness called. Quickly following him was Dr. George W. Purcell, county physician, who established corpus delecti, and testified as to the wounds Ford received. His testimony was followed by that of Roy Cox, who claimed he had been an eye witness to the slaying of Ford.

Hines and Hennegin were next on the stand, followed by Paul Davis on direct examination. Noon recess was ordered, after the state had completed its examination of the lunch stand proprietor.

Barron's testimony regarding the type of gun which Parker had in his hand following to shooting varied with that of other witnesses. The youth declared the gun he saw in Parker's hand was an automatic pistol. He went to considerable length to describe the gun. Later the state offered in evidence a Smith and Wesson cowboy special, .38 caliber revolver, which Officer Hines identified as that which Parker had used.

A titter of laughter went through the crowded court room when Cox testified that he ran around the corner when a man ran up behind Officer Hines and took the officer's gun from its holster and waved it about, shouting "Let him go! I've got him covered." The youth, an electricians helper, testified he had been standing on the opposite corner of the streets in front of the Palace of Sweets and had turned at the sound of a shot to see the flashes of two more. He ran across the street, he said, but ducked around the corner when the man, who was identified as Lawlor, a disabled ex-service man, started waving Hines' gun.

Hines testified he had walked about 10 or 15 feet south on Stone avenue after turning from Congress street when he heard the first shot. He had walked past Ford and Parker, the latter leaning against a "no parking" sign, just a moment before when the two men appeared engaged in an ordinary conversation, he said. No sound of an argument was heard, he declared, which contradicted the testimony of Barron, who had said he had been walking with Hines when they passed the two men and sounds of an argument could be heard.

Hines Describes Fight

Hines told of hitting Parker with his night stick when he rushed up to Parker, who stook with his gun in hand facing toward Ford, who had crumpled to the sidewalk. "Get him, Charlie, he got me," the dying officer was declared to have said. A few minutes' struggle followed, with Parker apparently trying to keep Hines between himself and Lewis, who had arrived on the scene and had possession of Hines' gun, the police officer testified.

Parker, it was said, then said, "I give up," and let go of his gun, which Hines a moment later handed to Officer Mellheney, who with other officers had arrived on the scene in the police car. The defense cross-examined at some length regarding a gun lying on the sidewalk, which Hines said was an automatic pistol and which he had ordered bystanders to leave lay.

Hennegin, who followed him on the stand, testified he had picked up the gun and identified it when State's Attorney Peterson presented it. The gun was not offered in evidence at that time, however. Statements which Hennegin alleged Parker made in the police station while he was being booked, brought forth considerable cross examination by Defense Attorney Van Buskirk.