The Mena weekly star., 1917-04-26

and reported that they had been unable tO reach verdict, and in
 response t0 question by the
 Court it was stated by the fore
 man that the jury stood to |.
 ThereupOn the jury was excused
 until Thursday morning. 1t is
 generally conceded that the trial
 will result in n hung jury.
 The case of State vs. w. l.. Parker, indicted on the charge of embezzle- ment on two separate indictments, came up for hearing this morning. The defendant is represented by J. $. Lake and Judge J. s. Steel of the firm of Steel, Lake and Head, and by Minor pipkin.
 The first round in the case was on the demurrer filed by the de- lfendants attorneys to indictment No. 5S6, setting forth that said indict- ment fails to state facts sufficient to constitute a public oifense, and that said indictment charges more than one offense. On the first proposition | in the demurrer, the defendants at torneys argued that the warrants alleged to have been distracted were not the property of the persons in whose favor said warrants were drawn that ownership was really in the judgment of the county court, and that each of them could now Iproperly go to the county clerk and demand warrants drawn on said judgment. The court, however, held that warrants drawn in pursuance Ioi an order of the County court were the property of the persons in whose favor they were drawn He there- fore overruled the demurrer.
 The same demurrer ran to the in- dictment charging the embezzlement of S2,2i5Sl of county funds. This argument of defendants attorneys was that under a special act regu- lating the salaries of Polk county officials the county clerk was en- titled to all the money that came in- to his hands up to the amount of his salary clerk hire and necessary lcypenses of the office and the indict- ment did not allege that the amount said to have been embedded was in excess of the salary and other ex- lpenses. The court held that since the indictment alleged that he em- bezzled funds belonging to Polk county, it was therefore sufficient to constitute an ofIense, so he over euled this demurrer also.
 These matters being disposed of the court proceeded with the em- paneling of the jury, and out of the regular panel only two persons, G. w. Barber and T. H. Jones, were selected The following named per- sons were chosen from the special .venre drawn Monday, and with the jury trying the case: M B. Le- gate ], E. Disheroon, C. w. Copelln, James Tweedy. w. J. Thacker, Ira Smith, Stanley Woodruff, Clint Ed dy, Henry Christy and J F Harsh Iman. In selecting the jury, the state exhausted the ten challenges Co which it is entitled. and out of the twRty challenges to which the de- fendant is entitled, eighteen were used
 The opening statement for the state was made by Prosecuting Att torney A. D. DuLaney setting forth that reliance for conviction would be placed on the annual report of the county clerk, made for the year, ending September 30, 1916, which had been approved by the Commits O., 4f which it was shown that the de- fendant was indebted to the county in the amount of S2, ,i3035 and that of this amount 5000 had not been paid into the county treasury un- til March 9, 1917.
 The opening statement for the de- fense was made by J. s. Lake, stating it would develop that there was lit- tie disagreement between the State and defense as to facts involved, but the State was under a misapprehen- sion as to the law governing the case. and that it would be shown that Mir. Parker was guiltless of any intentional wrong doing, but that he was a victim of the factiOnal fight existing in Polk county, and that the man who had been most active in bringing about the prose cution was even now an avowed candidate for Circuit Clerk.
 In the introduction of testimony, the state used County Clerk Will and County Treasurer w. E. Anderson to show by the reports and records in their offices the con- dition of the account of w. l.. Park CT as County Clerk, as to when the annual report was filed and ap- proved by the Commissioners of Ac- counts. when the charge was made against him for the excess fees found by the commissioners to be due by him to the county, and when was made in settlement Of said excess. J. A. Thornton and R. l.. Norris, two of the bondsmen were used to show what part the sure ties took in securing the money to be used by the defendant in paying the alleged shortage.
 Further evidence introduced by the State was by Judge ]. |. Alley,