Tales from the Morgue: Merchant policeman slain, Part 4

SHOT IN SELF DEFENSE, PARKER TELLS JURY
__________

SLAYER OF UREY FORD ON WITNESS STAND CLAIMS VICTIM OF DESTROYED HOME
__________

Restaurant Owner Narrates Threats Made Against Special Policeman Ten Days Before Fatal Shooting
__________

GAVE WARNING TO FORD, SAYS DAVIS
__________

Accused Man Identifies Gun, Says He Came Down Town From University and Found Wife With Man He Later Killed
__________

"I turned to find him with his gun out, covering me. I had to shoot or be shot. I went for my gun and fired. Ford did not shoot, he fell."

In a storm-darkened court room, while a small, bent old woman in gray, mother of the defendant, sat on one side of the room and a sad-faced, gray-haired woman, wife of the dead merchant policeman, sat on the other, James T. (Buffalo Jim) Parker, self-confessed killer of Urey Ford, took the witness stand yesterday in his own defense to tell of the gun battle which occurred at Stone avenue and Congress street the night of April 21.

Parker, seated in the witness chair in his shirt sleeves, his deeply lined face serious and composed, spoke in a low, even voice, which, because of the storm-lashed trees and awnings outside, he was compelled to raise several times so that the jury might hear his words.

The witnesses for the state, which opened the case at the opening of court yesterday morning, testified quickly and tersely. Little, if any argument arose between attorneys to slow up the fast-moving trend of the trial. An occasional objection, a quick ruling by Judge Joseph Jenckes, and the testimony rolled on. A map, showing the ground line of the corner on which the shooting occurred, was used for reference, and each witness pointed to the diagram, showing where Ford fell, where the two men had been standing, where Ford's pistol was found, and the direction of the firing. They disagreed in some minor details, in others the testimony dovetailed perfectly.

Paul Davis, owner of the Diamond Lunch, 55 West Congress street, was the first witness to bring anything into the case besides the actual shooting and what followed.

Davis was called by the state. He was the first to take the stand in the afternoon session of the trial.

Davis Tells of Threat

In response to questions by K. Berry Peterson, state's attorney, Davis related his story.

He knew Parker and Ford, he said, and employed Parker's wife, Dorothy Parker, as a cook in his restaurant. The two men both ate there frequently, Davis continued, and, when Parker finally had an argument with his wife and they separated, he had heard of the affair from Parker.

"Parker called me outside of my place," said Davis, "and told me that he had left his home because of trouble over Ford. He said his home was ruined, and that he was gpong to kill Ford.

"He came into my place nearly every day. Whenever I happened to be there, he talked to me of his troubles. Antother time he spoke of it was at Paxton's place on the Oracle road (the All-State Auto Camp) one Sunday. Parker came in red-faced and nervous. He asked me to take care of Dorothy, to allow her to keep her job, that things were becoming serious. He said he was going to get even with Ford.

"Again, during another conversation between us, he declared he was 'going to kill Ford on sight.'"

John L. Van Buskirk, defense attorney, opened the cross-examination. He attacked the statements of Davis in regard to the times he had talked to Parker, and as to what was said during those conversations.

Then, in answering the questions of Van Buskirk, Davis said:

"Yes, I told Ford Parker said he was going to kill him. I do not remember the date. I called Ford into the stairway of the Martin building and told him what Parker had said.

"I said, 'I'm going to tell you something for your own benefit. Parker says he is going to kill you.'

"Tears came into Ford's eyes and he answered, 'Before God, I am innocent of any wrong-doing.'"

Again the attorney returned to the attack.

"Did you tell Ford of what Parker had said of him and Mrs. Parker?" Van Buskirk asked: "Did you tell him of the time Parker said he caught his wife and Ford in the bank alone at night?"

"I did not know about it," Davis replied, then added later," I believe Parker said he 'dragged her out of the bank.' He did not mention Ford's name."

Denies Knowing of Date

"Did you tell Ford that Parker heard him make a date with his wife." asked the attorney.

"I did not," said Davis. "I did not know it."

"Did you ever say," asked Van Buskirk, "that if a man did that to me I would kill the — — —?"

"I did not," said Davis.

"Didn't you advise Parker to kill him?" came the question.

"I did not," replied the witness.

"Didn't Parker tell you that he was going to kill himself?" asked the attorney, and the witness answered, "He did."

The cross examination of Davis was continued until 2:30 o'clock, when he was released and R. H. Mellhenny, patrolman, was called. Mellhenny's testimony told of his trip with Captain Mark Robbins, of the police, to the scene of the shooting, and of returning to the station with Parker. He then identified Parker's gun, a Colt double-action .38 on a frontier model frame. The gun and contents were offered in evidence and the officer excused without cross examination.

Robert Cummings, border patrol inspector, was called by the state. He related the story of what occurred when Parker went into the Davis restaurant on the night of April 10 to use the phone.

"I heard Parker say that Urey Ford was hiding in the bank and afraid to come out. Davis and others were also in the restaurant.

"He also said he was going to kill Ford on sight. I left, found Ford at the corner by the bank, and told him what was said. I then stayed with him for about an hour and a half.

"I also heard Parker threaten Davis. He wanted Davis to discharge Mrs. Parker, and said he would close him up if he didn't.

"He declared he would be back in the morning for his answer."

Cummings repeated his story again under cross examination, adding very little to its original version, and was dismissed.

Pistol in Evidence

With Lieut. E. M. Byles, 25th Infantry ordinance officer from Camp Stephen D. Little, on the stand, the defense opened its first gun of its real attack and made its stand on a basis of self defense.

The bullet which had been taken from the pistol alleged to have belonged to Ford was shown the officer, and after preliminary questioning regarding ammunition and its deterioration with age, he was asked to tell whether a mark on the cap was made by the plunger of a pistol. He refused to state, but did say, after examining the pistol of Ford, that it was in poor condition, had been used a great deal and would not pass an army inspection.

After a short cross examination, in which K. Berry Peterson asked the officer about the mark on the cartridge, the witness was dismissed. During the direct examination, Van Buskirk had attempted to introduce a test shot with a cartridge and the same gun, but the court overruled the idea.

It was with the next witness, Harry Smith, 305½ East Fifth street, that the defense introduced the first statement to prove that Ford had drawn his gun.

Smith related that he had taken his wife to the show, returned to their home in the Aguirre apartments, and that they started to go to the Palace of Sweets to get some ice cream. He said he was in front of Rand's cigar store, directly across from the bank, when the first shot was fired.

"I hear the shot," he said, "turned toward the sound and saw flashes of two more. I saw Ford with an automatic in front of him, held in both hands. He was fumbling with it as he backed away from Parker. Parker was facing Ford and firing. Ford dropped the gun on the sidewalk and fell against the bank. An officer, who I later heard was Charley Hines, ran up and grabbed Parker. I went over after a crowd began to collect. I saw the gun on the sidewalk. I did not say anything sooner, as I did not want to be called in as a witness. I told my wife, also a friend. The word got to Parker, who told his attorneys, and they called me."

In telling of the shooting, Smith, a young cowboy from the Patagonia country, stood with Ford's gun in his hands. As he talked, he showed the actions he attributed to Ford in pantomime to the jury.

His wife, a dainty little blonde who gave her age as 17 years, was called, and verified his story of where he was during the early part of the night.

Parker on Stand

After a short recess, court re-opened and Parker took the stand.

"My name is James T. Parker," he said. "I am 41 years old. I was born in Parker Canyon, and have lived in Pima county about nine months. I am married.

"I used to work for the highway department. Then in January I went to the University of Arizona to drive a truck. In February I was made a special policeman of the university. I stayed there until the night of April 21, when I was arrested and placed in jail for shooting Urey Ford.

"I met Ford in August of last year. That was before my family came here along in November. My wife is Dorothy Parker."

His attorney took a gun from the table. He handed it to the witness. "Do you recognize this?" he asked.

Parker took the white handled, dark barreled pistol in his hands. He turned it over slowly, then raised his head.

"That's my gun," he said."I always carried it while I was on duty."

Parker said that he came down town from the university on the night of April 21 at about 10:30 o'clock. He came to see if Urey Ford was still meeting his wife after she was finished with her work, he said. He and his wife had been separated about three weeks, he added.

"I saw my wife, but I didn't meet her," said Parker. "She was on the corner near the bank, talking to Ford. I started toward them and she went away. She walked around the end of a street car, got on it and left. I walked over to Ford.

"I had talked to Ford about meeting my wife. I had also spoken to her about it.

"When I went over to Ford in front of the bank, I asked him, 'What is this, a practical joke or an advertisement?'

"He said, 'You have done all the advertising.'

"He went on to tell me that the night I caught him with my wife in the bank didn't mean anything. I told him I did not think she would had (sic) been there at that time of night unless it had been arranged.

"I told Ford I was going to bring suit for divorce, and that I was going to name him as the cause. I said I would give him all the scandal he wanted, and that while it was bad enough to drag himself and his family and my wife into it, it was worse because of my children.

"I turned to the right and started away. He said '— — — you, and them too.' I turned back to find him with his gun out covering me. I went for my gun and shot him. I had six shells in my gun. I do not know how many times I shot, and I did not know then whether I hit him or not. He did not fire. He dropped his gun as I fired the last shot."

Denies Threatening Ford

Leaning forward in his chair, one foot thrown across his other knee, Parker told of the events that led up to the shooting. He related conversations with Paul Davis, in which, he said, Davis had declared "If a man did that to me I would kill the — — — if I had to drag him from under his bed to do it."

Parker declared he never said he would kill Ford on sight, and that he had too much at stake to think of killing anyone.

"I shot Urey Ford to keep him from shooting me," said the witness, as the direct examination ended. He was under cross examination when the court closed.