Tales from the Morgue: Marchant policeman slain, Part 6

JURY IN PARKER CASE DISAGREES, IS DISCHARGED
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Court Sets $10,000 Bail for Man Accused of Ford Murder
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FINAL VOTE IS 9-3
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Foreman Gives Figures, But Does Not Say Which Side Favored
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After 23 hours of futile debate, the jury in the trial of James T. Parker, facing charges of murder in the first degree for the killing of Urey W. Ford, Tucson merchant policeman, appeared in the superior court room yesterday afternoon at 3:15 o'clock and announced to Judge Joseph Jenckes that a verdict was impossible. They were discharged. Parker was admitted to bail in the sum of $10,000, which, according to his attorneys, he will be able to make today.

The count, at the time of the deadliock, was 9 to 3, the foreman told the judge, and while the jurors were silent regarding the side which carried the majority of the vote, it was understood the nine were in favor of acquittal.

There had been four ballots taken, it was said. The first was 7-5, the second 9-3, the third 8-4 and the final ballot, late in the night, was again 9-3. Then the deadlock came and the remaining deliberation was without result.

No Chance to Agree

Foreman Andrew Stephens speaking for the twelve answered the question of the court.

"There is no chance of an agreement in my opinion, your honor, we have been deadlocked since late last night," he said.

Another juror, questioned by the judge, agreed with the foreman.

"It is desirable in cases of this nature that a verdict be reached," said Judge Jenckes, "but I do not wish to bring you to a verdict which will cause some member of the jury to change his honest oipinions in the matter. If you think there is any chance, I will give you more time for deliberation; if not, then I must declare this jury discharged."

Judge T. J. Duffy, speaking for the defense, immediately broached the subject of bail for Parker, which the court declared he would consider, but only on the basis of setting a heavy bail.

The question then arose as to the amount of bail which would be asked by the court. Judge Jenckes declared his idea of a heavy bail would be $25,000, which drew a nod of assent from Judge Duffy.

Gets Bail Reduced

"That's a heavy bail all right," the gray haired jurist admitted — then went on to plead for his client, assuring the court that a much lower amount would bring the defendant into court at any time he was wanted.

Finally, after considerable discussion between the defense attorneys and the court, Judge Jenckes set the bail at $10,000, with two or more bondsmen required. Louis Kempf, representing the state, made only slight protest to the size of the amount saying that he deemed it light in view of the gravity of the charges.

Prior to its appearance to announce the deadlock the jurors had returned to the court room once. At about 10:30 o'clock yesterday morning they came into the box to ask the judge for a review of the instructions. The complete instructions were read by Harry Nixon, court reporter, and the jury once more filed back into the jury room without comment.

Judge Jenckes and counsel left approval of bondsmen to Judge Gerald Jones.