Tales from the Morgue: Merchant policeman slain, Part 5

"Call Dorothy Parker," said the prosecutor.

As the bailiff disappeared through the door to the hall way, a murmur of interest was audible throughout the room. This was unexpected. It was known to court room attaches that the defense had decided it did not intend to call the woman. The state had shown no intention of doing so — she was more or less a surprise. All heads turned toward the door, waiting the arrival of the woman whose name had been tossed back and forth by witness and attorney for the past two days.

Ten, twenty, thirty minutes passed and the witness had not appeared. The court questioned Peterson as to where his witness was.

"She has not yet arrived, your honor," replied the attorney, "but she should be here any moment."

"We have a sheriff and subpoenas for such cases" said the judge, "has no subpoena been issued for this witness?"

Wife Not Subpoenaed

Peterson admitted that none had been issued and then, as the court started another remark, the bailiff appeared, followed by Mrs. Parker.

Clad in a rose colored dress, a turban-like hat pulled down low over her eyes, the woman walked into the court room and took her seat in the witness chair after being sworn. The room was very still. She gazed about, slightly defiant, then turned to the attorney's table, where Peterson, seated, began his questions — her name, residence, the usual identification for the record. Then the first question came.

"Mrs. Parker, do you remember the episode of April 10 —?" Peterson began.

Before the witness could answer the abrupt question, objection of the defense was interposed, based on the rule that a married woman may not testify against her husband.

"But, your honor, we asked permission," said Peterson.

"Well, you haven't got it," snapped Hilzinger, "you have our objection, that should be enough."

The defense was sustained by the court and Mrs. Parker, who behind her lips carried the story the spectators had been waiting so anxiously to hear, was released from the witness stand without having uttered a word of testimony, without answering a single question except to tell who she was.

The court then recessed for noon with the announcement of the attorneys that the arguments would be opened immediately after the recess.

Kempf Begins Argument

At 1:30 o'clock, Louis Kempf, county attorney, in a low voice began relating the state's resume of the case to the jury. The judge had ruled on one hour to the side for the arguments, with a privilege of more time if needed.

Parker, slid down in his chair wtached Judge Jenckes. Only occasionally did he look toward Kempf as the attorney spoke to the jurors. With hands locked about his crossed knees he turned quizzically toward the speaker and the jury as Kempf drew a picture of words for the twelve, telling them his version of the self defense plea and the meaning of the term self defense as defined by law. Parker was the aggressor, he declared, and if the jury so found, then self defense would not apply. Parker went armed, the attorney continued, not because he was a watchman, but because he was seeking Ford. He had planned to kill him and intended to carry out that plan.

Parker's testimony was dubbed by Kempf as a "prepared, memorized story," and Ford, he declared, had no possible motive for drawing a gun on Parker.

The testimony of Harry Smith, defense witness, was termed a "concocted and deliberate lie." Character witnesses, he said, meant nothing. In ending, he asked the jury to find the prisoner guilty if their review of the case as presented by the state appeared to them as the truth.

George Hilzinger, opening the defense argument, plunged into the matter of Ford's gun and its contents. He showed the jury a cartridge taken from the chamber of the automatic, handed it to them and told them to examine the mark on the cap. He contended the mark was caused by a firing pin and that the cartridge, nine years old, had failed to explode.

Pistol Shown Jury

The pistol was next shown. A mark on the muzzle was called to the attention of the jurors. That mark was the result of the fall to the sidewalk from the hands of Ford, Holzinger declared as he showed the men in the box the roughened edge of the barrel. He recalled the evidence given by Lieut. E. M. Byles, ordinance officer of the Twenty-Fifth Infantry, and pointed out to the jury how the officer said the pistol was not in good condition and would not pass an army inspection.

He also recalled to the minds of the jury the testimony which told of the shooting. The testimony of Hines, Smith, Hennegin, Robbins and others. How the two men had stood, of the short time which elapsed, and how quickly the shots had been fired.

Paul Davis, he said, "had been all things to all men before the trial, a friend of Parker and a friend of Ford, carrying tales from one side to the other, All things to all men then, and now on the witness stand he attempts to retain the same standing."

Scores Paul Davis

"Parker, who has admitted he carried a gun at all times," said Hilzinger, "met and talked to Ford several times after he is said to have threatened his life. He had the chance to shoot him, he had the incentive  and perhaps the reason, but did he do it? That night when he found his wife in the bank with Ford, did he shoot?

"He did not. He called for the police.

"On the other hand, did Davis attempt to prevent this friend of his, Parker, from shooting his other friend, Ford? He did not. On the stand he has admitted he did not. He said instead, "If any man did me that way I would kill the ———.

"Was there anything between Mrs. Parker and Ford? I did not know, but today I was convinced for this morning the prosecution brought Mrs. Parker in here to help do the job. To help hang her husband. And she was willing to come, to try and hang this man, the father of her children!"

Hilzinger's speech to the jury drew from Parker the first signs of emotion he had shown during the trial. As the attorney told of the killing, the heartlessness of the wife and the need of his children, Parker broke down, and for several moments buried his eyes in his handkerchief and sobbed.

It was Van Buskirk, after the recess, who attacked the motives of Mrs. Parker.

"She is the woman who sent Urey Ford to his grave," said Van Buskirk, "and now she would hang Jim Parker. If that gun had been in condition it would be Urey Ford who would be here instead of Jim Parker, and the state would be clamoring as loudly for his neck. Parker would then be the victim of the wife instead of Ford."

Peterson, closing the argument for the state, pointed out that Parker's story was not substantiated by any other witness. That no other, beside Smith, whom he delclared came from Parker's own section of the country, attempted to testify as to having seen the shooting as Parker said it occurred.

He declared the defense was afraid to permit the woman to testify, afraid to let her tell what had really happened, they feared her statement of the truth.

In regard to Ford's gun, he declared the weapon had been found cocked and locked, that it, "never had been fired."

Peterson's address was not long. He summed up his case rapidly, concisely, enumerating the threats testimony brought out that Parker had made, of the times he was alleged to have declared he would take Ford's life.

In ending Peterson said:

"They tell you I have asked that this man's neck be broken. I have not. That is the province of the jury alone. On you gentlemen rests the decision as to his guilt ot innocence. I have never, as a prosecutor, asked a jury to break the neck of any defendant. I am not asking it now. But I do ask you to weigh carefgully the evidence, and if in your own mind you feel that the facts of the case are as we have presented it, then I feel that it is your duty to find this man guilty."