The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-08-17
Ex-Husband of Mrs. Obenchain
Wants Her Freed.
No Legal Bar But Custom OF
Courts Against.
her TRUNK CAUSES BATTLE
Prosecution Declares Valuable
Clues in Woman's Baggage.
Witness Found Who Says Bureh
Near Spot weapon Found.

Los Angeles. Aug. IA fight to
release Mrs Madalynne Obenchain,
indicted with Arthur C. Burch for the
murder of J. Bolton Kennedy, from
the county Jail pending her trial, will
be started soon after she enters her
plea to the charge at her arraignment
before Superior Judge Reeve, Mon
day, 1t developed today.
The application for bail for Mrs.
Obenchain will be based on the claim
that confinement IN the jail will ruin
her health because of her frail physi-
cal condition. it was stated.
Is No Legal Bar.
While the California law makes
the question of bail in a murder case
discretionary with the court, Los An
geles judges have an unalterable
rule against the release of persons
charged with murder pending trial,
Friends of Mrs. obenchain declared
today that should the application for
bail be overruled, the court would be
asked to transfer her from the jail to
the county hospital. where confine-
ment is less irksome.
Battle Over Trunk.
The first battle in the defense of
Mrs. Madalynne Obenchain, charged
the murder of J. Bolton Kennedy,
is under way today as the result of
an attempt being made to prevent the
state from selling a trunk belonging
to the accused woman, which arrived
late yesterday.
ment of the hotel which received the
trunk not to allow any one to touch
it until g. proper court order had been
issued. Ralph Obenchain, divorced
husband of the defendant, announced
his intention of obtaining a restrain
ing order to prevent the authorities
from opening the receptacle.
Trunk May Hold Clue.
1t was announced that officials of
the district attorneys office planned
to open the trunk his morning in the
hope of finding something that might
shed new light on the killing of Ken
nedy. The trunk was forwarded to
Mrs. Obenchain from San Francisco,
where she stopped before coming to
Los Angeles.
Plans for procuring legal aid for
Burch and Mrs. Obenchain are rapidly
being formulated, it was stated today,
and announcement of the names of
defendants probably will be made this
afternoon or tonight. Obenchain as
serted today he is satisfied with the
evidence he is obtaining and that he
mad found witnesses whose testimony
will, f substantiated, clear Mrs.
Obenchain and Burch.''
Gun Now Chief Link.
1t became known today that
Charles S. Summar. one of the states
most important witnesses, made a trip
with a deputy sheriff to the spot along
the ocean road where he testified he
met man believed to have been
Burch about 10 o'clock on the night
the murder was committed. Accord
ing to Summar's story, he was blinded
by the light of a car and called to
the driver to stop. An argument with
the man followed. Summar is said
to have identified this man as Burch.
A. Rosenthal, pawn broker, who
sold the gun with which the state be-
lieves Kennedy was murdered. was
given an opportunity late yesterday to
identify Burch as the man who
bought the gun. The meeting was
secret and officials have refused to
disclose whether Identification was
MADE,