Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-12-20
A. C. BURCH TRIAL HAS
ENTERED FIFTH WEEK

Los Angeles, Calf, Dec. 49,
The fifth week CT the trial OF
\ Arthur C. Burch, charged with the
murder Of j, Bolton Kennedy, pc
gan in the superior court here TO-
day. The defense was prepared to
open it's case, but the state secured
permission to offer another witness,
although it had rested last week.
Before the states new witness was
called, however, Colonel Fl. B, Her
sey. chief Of the United States
weather bureau here, took the stand
for the defense so that he might be
excused from further attendance.
Colonel Jersey was asked to de-
scribe from his official records the
sort of weather and light conditions
that existed on the nights of Aug
ust and S of this year. Witnesses
| had placed Burch in Beverly Glen,
the place of the shooting on poth
of these evenings. The shooting oc-
Cured August 5, late at night. Col.
onel Hersey said the moon set at
! 7.25 the evening Of August ana
| at sos the evening of the fltth. he
said both nights were clear. ms
examination was continued late IN
the forenoon session.
After Colonel Hersey was ex-
cused, the state called its final wit
ness, j. M. Stevenson, an employe
Of the district attorneys Office. ne
testified he was in the county Jan
when a physician extracted an op-
iect from the knee of Burch. me
object already had been identitled
as a thorn, and evidence intro
duced to prove that q bush pear
ing similar thorns grew where the
persons who shot Kennedy stood
to do the shooting.
The defense attorneys then pro,
ceeded to offer motions aimed
against various parts of the prose-
cution evidence. First they moved
to strike out all conversations 70
which Burch was not party
then they moved speciflcally W
strike out conversations between
Mrs. Madalynne Obenchain, Burcns
co-defendant, and Mrs. 3ailiff, VINO
was a casual acquaintance or MIS-
Obenchain's, met in beauty par
lor. To strike out the evidence Oh
Mrs. Whitlow, q clairvoyant. as 10
conversations she had with MRS,
Obenchain, and to strike out all
letters and kilograms between Mrs.
Obenchain and Kennedy, the man
for whose murder Burch is on trlai'
All motions were denied.
Counsel then suggested that eacn
side name a commission OF physi-
clans to examine Burch as to MS
sanity, and agreed that one man
from each side testify as to their
findings, for the purpose, 1t was eX-
planned, of saving time before the
Jury. The prosecution declined TO
agree to this. The defense an
nounced that It's evidence about
Burch's sanity or lack Of 1t would
take two weeks, and other presen-
tation of the evidence ABOUT
week.
Mrs. Rowena Wright and the
Rev. II. ]. Hartsell, residents OF
Beverly Glen, testified that dark
ness sets in there about half TO
three-quarters Of an hour earlier
than in open country. The Glen is
in a canyon with high hills on
either side. The Reverend Mr..
Hartsell said he recalled that the
night of August was quite a
dark one" but he thought he could
have recognized person at as
lance of fifteen feet.
Chester Hansen, a newspaper re-
porter, testified concerning con-
versa ton he said he had last sep
TENDER with c. S. Summar, prose,
cution witness. Summar testified
he saw Burch seated in roadster
near Santa Monica. eight mics
from the scene of the snoot-
ing on the night of August 5. Han
sen said summar told him he
"could not be sure" the person ne
saw, was Burch.
Defense attorneys announced
thew would call Mrs. Elizabeth
Besanty to the stand in the AFTER
noon. Mrs. Besanty testified for the
state she saw Burch in the Glen
the night OF the shooting. the
purpose of recalling her was 70
put questions that would form the
for other testimony II
was stated.