Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-03-15
SAYS MADAL YNNE
HAD No MOTIVE
FOR DEATH PLOT
Tears Come to Mrs. 0ben.
chains Eyes AS She
Listens to the Opening
Argument in Her Behalf.
(By The Associated Press.l

Los Angeles, Calf, March IA
Tears came to the eyes of Mra
Madalynne Obenchain today as she
listened to the opening argument IN
her behalf in her trial on inc
charge Of numbering her sweet
heart, ]. Bolton Kennedy.
Alfred f. Macdonald, who made
the argument, dwelt upon the loV9
which, according to testimony, eN,
listed between the defendant ana
Kennedy, declaring it showed she
had no motive for plotting Ken
nedy's death.
One of the three women on the
jury wept when Macdonald read a
letter Kennedy wrote to Mrs. Oben'
chain, containing the appeal: Love
me always" The attorney de-
clared the states theory that Mrs
.Obenchain was n woman scorned
had been disproved and that w
anything. this was a case of man
scorned"
Macdonald will resume his argu'
ment tomorrow
According to the announced pro-
gram, he will be followed by Jud
r. Rush, senior defense counsel
who will address the jury for tho
rest of the day. Asa Reyes. deputy
district attorney. will make the
final argument Thursday.
Charles w. Fricke, deputy dis
trict attorney, closed the first ar
gument for the state this afternoon
appealing to the jury to render
verdict 'in accordance with the
evidence
Glove and Affection"
There probably never has been
a case, Macdonald said, in which q
greater love and affection appear
ed than the present trial.
eff ii hadn't been for the efforts
of Kennedys parents to prevent
IT," Macdonald declared, these
two souls would have been married
today and probably had one or two
little ones running around this
court house"
Mr.. Macdonald sprung sur
prise when he announced what he
would do in his argument tomor-
row. His last words to the jury
today were:
81 am going to show you in the
morning, out Of the mouths of tn"
states own witnesses in this case,
that ]. Bolton Kennedy met his
death in Beverly Glen at the hands
of two roughly dressed men, just
as Madalynne Obenchain said he
did"
When court convened today Mrs
Obenchain looked more as she did
Ia Af IpV t1siol
Apparently knowing that so far as
her personal efforts were concern
cd, the trial was over, she came
into court smiling. The tired ana
worried look she had worn since
taking the witness stand in her
own defense had vanished.
Scanned Statement"
Resuming his argument today
Mr.. F'ricke, for the state, referred
to Mrs. Obenchain's story az
canned statement" and asserted
1t was made to order" and had
been planned" He told the jury
that her more than ordinary in
telIect' permitted her to have IAN
excuse for every bit Of incriminat-
ing evidence" He also argued
that Mrs. Obenchain, like any
person on trial for a murder as
brutal and cruel as this. wouldn't
hesitate in having convenient
lapses Of memory"
Mrs. Obenchain sent for Burch.
Fricke said, because she realized
she was in a peculiar position"
having obtained a divorce and told
friends Of her love for Kennedy
The greatest thing in her mind,
Fricke declared, was to meet
Bureh at the train when he arrived
here in July, 1921, and tell him her
with Kennedy. After
Burch heard her story the greatest
purpose he had. Fricke said, was
to watch every movement Kennedy
made.
Planned tn XIII Kennedy.
Mr.. Fricke closed his argument
by declaring that the evidence
showed 1t was planned by Mrs.
Obenchain and Burch to get Ken
nedy to Beverly Glen and there
kill him; that her story of the
lucky penny" was not true; and
that Mrs. Obenchain engaged Ken.
needy in conversation while he was
walking down the steps solely for
the purpose of permitting Burch,
who was hiding in the brush, to
know when Kennedy got in good
range for the fatal shot.
At no time did Fricke ask that
the jury inflict the death penalty