The Bismarck tribune., 1922-05-22
BURCH JURY IS
DISCHARGED IN
MURDER TRIAL
Report Inability to Agree on
Guilt or Innocence of
Accused Man
OUT SINCE SATURDAY


the trial of Arthur C. Burch for the
murder of J. Belton Kennedy was
discharged by Judge Sidney Reeves
today after reporting it was impos-
sible to agree on verdict. DsIibera-
tions began Saturday afternoon.
Jurors said that the final ballot was
7 to for acquittal. This division
was unchanged since Saturday when
the first ballot of to 6 was changed
bp one more jurar swinging to ac-
quittal. The four women of the jury
voted for acquittal.
The case was placed on the calen-
dar for next Saturday to be set for a
third trial.
Arthur C. Burch was jointly indict-
ed with Mrs. Madalynne ObeEchain,
both being charged with the murder
!of ]. Belton Kennedy, local broker:
at Ksnnedys summer cottage at Rey
ferly Glen, near here the nighIs ct
Aug. 5. last.
Separate trials were granted and
Burch now having been tried twice
and Mrs Obenchain once, each jury
disagreeing.
The prosecutions theory was that
Burch. being infatuated with Mrs. OBJ
enchain, former college acquaint
ance, shot Kennedy at her instigation
after Kennedy, with whom she was
in love, had refused to marry her.
The evidence showed that on July
III Mrs. Obenchain telegraphed t.
Burch, who was in Evanston, ILL.,, to
come to Los Angeles, the telegram
saying, II need you and the friend
| had last summer" Burch arrived
here July % bringing with him 9
shot gun case, according to the tes-
timony. The prosecution claimed
that the gun was the friend" re
ferred to in the telegram.
Took Room In Hotel
| IBurch took a room in hotel COM
manding view of Kennedy's office
and watched the office windows fol
. long periods, according to hotel EN-.
|p1oyees. According to the testimony
he also rented an automobile under
an assumed name and took extended
trips.
Mrs. ,Obenchain and Kennedy wen
driving the night of August 5, ant
; about nine o'clock stopped at Ken
nuly's summer cottage in Beverl,
/ Glen. As Kennedy was mounting
I flight sof steps in front of the cot
tage, two shotgun shots were fired
One struck Kennedy, and medica
testimony showed that death was in
I stantaneouds. &sA ~ 2nni1n9tt
| Mrs. Obenchain testified at he
trial that she saw two roughly dressed
men disappear in the bush fn0n
which the shots were fired, and tina
Kennedy called Goodnight, Mazzlyn
to her after the first shot. A wOmal
living near the, Kennedy cottage tes
titled that after the second shot wa
fired, she heard a man say, tive 60
him." and the mingled voices OF
man and woman in conversation sh
. could not distinguish.
On that night, it developed, Burc
was out in rented automobile an
testimony showed that side road i
the glen bore tire tracks similar t
, imprints which would have been lei
by the tires on Burch's car.
Started for Chicago
Burch started for Chicago the ne1
, day, but was arrested at Las Vega
New, He was first placed on tri:
Nov. 20, making a plea Of insanity. o
January 16 the jury was discharge
after deliberating three days with
l,out reaching verdict, the final ba
lot showing 10 to 2 for conviction.
Mrs. Obenchain's trial commence
January 6, and she took the witnes
q stand in her own defense. Becomin
), deadlock on a vote of to 3 for COZ
!. viction, the jury was discharged Ma
!. 10. Her second trial is scheduled
e haqin lime g