Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-08-01
0bENAA|N JURORS
STILL Undecided;
LOCKED Up AGAIN
Disagreement in Deliberations
Aired When New Fore
man Is Requested.

Los Angeles, July 31.-Preparations
to keep the jury out another night IN
case of Mrs. Madalynne O%benchain on
trial for the murder Of J. Bolton Ken
needy were ordered late Monday when a
majority of IL stated there was no
possibility of a verdict being reached.
The jury. which had been divided SIX
to six during most of it's deliberations
since last Friday afternoon. had switch
ed to seven to five when Judge Shenk
called it in to report shortly before
five o'clock. The foreman stated the
numerical alignment without indicating
whether the majority was Tor CONVICTION
or acquittal.
The Judge asked each member for an
opinion as to whether there was a
chance for a verdict. A majority repled
in the affirmative.
After sending the seven women and
five men Jurors to the jury the
Judge directed that if they failed to
reach a verdict during the evening they
be taken to a hotel for the night. They
have passed the last three nights in two
small rooms in the county hall OF
Justice. where accommodations are
meagre. Monday when the jury report
ed a six to six division. n OF its
members asserted that the foreman had
not permitted a discussion OF all the
evidence in case. When the latter re-
port was made 1T was announced by
the Directing juror that this alleged ban
had been lifted and that about half
the evidence had been gone over" =,
The jury at this time had broken all
records for deliberation in a criminal
case in Los Angeles county, according
to court officials.
Mrs. Obenchain, pale and with drawn
features. listened ~intently as the jurors
reported there was a possibility OF
reaching a verdict. Later she said:
IF the taxpayers can stand this
monkey business, 1 certainly can for a
little while longer. I am sorry the
jurors are subjected to the confines of
jail life even slightly
Disagreement in the deliberations OF
the jury considering the second trial of
Mrs. Madalynne O%benchain for the muir.
der of J, Bolton Kennedy here last Au-
gust was aired before the superior court
Monday when one of the jurymen de.
clared Foreman NJ. e. Paddock refused
to permit discussion of all Of the evi.
dence. The jury asked the judge
whether it was possible for q jury te
change its foreman.
Upon question by the judge, Fore.
man Paddock said the jury stood sir
to six and that he believed it was upor
the point of exhaustion, having consid
cred the case since Friday afternoon
and that he did not believe q verdict
would be reached. Questioning of in.
dividual jurors elected varying opinions
a majority doubling whether a verdict
could be reached.
One of the jurors then declared only
a part OF the evidence had been con.
sidered. and that Foreman Paddock
has refused consideration Of all evi.
dence.
The jury was ordered back to de.
liberations while counsel argued on thu
question Of whether the jurors coulo
change their foreman.
After the argument, the judge sale
he would take no action in the matter
during the morning session but would
call the jury back in the afternoon IL nc
agreement had been reached by tina,
time.