Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-03-15
IN Jury At
HDBENCHA|N TRIAL
yotnan in Box, as Well as De-
fsudant, Sobs-Argumsnt
Begun
LANES KENNEDY PARENTS

E4SX XA1 Am8os08, Nlarcn ID ears CAM
~ eyes Of Mrs. Madalynne Oben
~ yesterday as she listened to th'
I9en)nB argument in her behalf in he,
~ on the charge of numbering hoi
opeefheart. J. Bolton Kennedy. Alfred
~ Macdonald. who made the argument
/ dFclt upon the love which, according tC
tle tsstimony, existed between the de
4lndAnt and Kennedy. declaring il
stVwsd she had no motive for plotting
4 Hepnedy's death.
yonpe when Macdonald read q letter
K Nonnedy wrote to Mrs. Obenchain. con
(1nlng the appeal. Love me always
tThe attorney declared the States
\ tSoofy- that Mrs. Obenchain was q
woman scorned' had been disprOved
nd that .'if anything, this was case
II q man scorned."
81 Macdonald will resume his argument
ttday. According to the announced
rfogram, he will be followed by Jud
n. Rush. senior defense counsel, who
2 will address the jury for the rest of the
dky. Asa Reyes. Deputy District At
terney. will make the final argument
tHmorrow.
Charles W. Fricke. Deputy District
attorney, closed the first argument for
tkes State yesterday. appealing I" the
! 5tIy to render verdict lin accord :
nAce with the evidence.
Blames Kennetly's Parents
There probably never has been a
ckSe, Macdonald said. in which Il
efeater love and affection appeared than
q the present trial.
'lf it hadn't been for the efforts OF
Hennedy's parents to prevent it, Mac &.
Oonald declared these two souls would
have been married today. and probably
hid one or two little ones running
atound this courthouse.
Mr.. Macdonald sprung a surprise
With his last words to the jury:
( {'I am going to show you in the morn =
iee. out of the mouths of the stat"
ohm witnesses in this case. that J. Bel
tn Kennedy met his death in Beverly
0len at the hands of two roughly
dressed men. just as Madalynne Oben-
chain said he did,
sWhen court convened yesterday Mrs.
(benchain looked more as she did dur
i4R the first days of her trial. Ap-
pkrently knowing that SO far as nor
personal efforts were concerned. tho
ttial was over. she came into court
shilling. The tired and worried look
ske had worn since taking the witness
s(and in her own defense had vanished.
Attacks Her Veracity
kesuming his argument Yesterday.
Nt. Frickc referred TO Mrs. Obcn-
chains story as n ''canncd statement.
sbd asserted 1t was made TO order
abd had been planted" lie told the
jSty that her "more than ordinary in
tkIlect" permitted her TO have IAN cX-
ckec for every bit of incriminating evi-
dehce." lie also argued that Mrs
4 Qbeuchain. like any person on trial
~ q murder as brutal and cruel as
tits, wouldn't hesitate in having con-
= ythient lapscs of memory
Mrs. Obeuchain sent for Burch,
lcks said, because she realized she
is sin peculiar position having
dbtained divorce and told friends of
hkr love for Kennedy. The greatest
tttnt in her mind. Fricke declared, was
q meet Burch at the train when he
akrived her in July. 1921, and tell him
Il her troubles with Kennedy. After
Qurch heard her story, the greatest
phYpse he had. Fricke said, was to
watch every movement Kennedy made.
Referring to the telegram Mrs.
Qbeuchain sent to Burch shortly be-
fire the latter's arrival here, in which
Hurch was asked TO bring the friend |
I'D last summer" Fricke said:
l"What Burch brought with him was
Y shotgun. That's the friend of last
simmer
"a Says Burch Said Good Night
tFrtcke argued that it was the first
e1et fred that killed Kennedy. and
Called the jury's attention to testimony
slyeA at the trial by medical experts,
Nho stated that Kennedy's death was
i4stantaneous.
"It was therefore impossible for
Hennedy TO have called. Good might.
Madalynne.' after the first shot. as
Mrs. Obenchain, told YOU he did"
ISicke told the jury. But there was
s&me one there to say good might,
A1adalynnc. after this shot crashed into
0spnedy as he lay there bleeding and
dad. That was Arthur Burch. 1t was
he who called. and it was Burch's
I bod night. Madalynnc that this de.
f(ndant heard
The jury was told that there was
Something in the relations existing be-
tyeen Kennedy and Mrs. Obcnchain
which she failed to reveal in her ties.
tfnony. Fricke said:
. take the simple little question asked
~ Mr.. keyes as to whether she had
Gyer married hehnedy on the nigh seas.
More answering this the defendant sat
- the witness stand for nearly q min.
u9e. There is something significant
aHeut that"
sMr. Fricke closed his argument BY
DECLARING that the evidence showed it
wty planned by Mrs. Obenchain and
Birch to get Kennedy to Beverly Glen
afd there kill him; that her story of
t40 lucky penny was not true and
tat Mrs. Obenchain talked to Kennedy
wtile he was walking down the steps
eQeiy for the purpose of permitting
Birch, who was hiding in the brush. TO
: 4ow when Kennedy got IN good range
ID the fatal shot.
n kt no time did Fricke ask that the
~ 1phict the death penalty
11ATE REORGANIZERS
OPPOSE SPECIAL ElINnc