South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-03-20
STOOD 9 TO 3
TO C0NVICTF0R
FIFTY-SIX HOURS
Madalynn, Already Pale and
Wan. Must Stand Sec
Ond Trial.
FIVE BALLOTS TAKEN
Court Discharges jury and
Sets Tuesday a, Day TO
Name Trial Date.


LOS ANGELES. March 10.
Mrs. Madalynne Obenchain.
charged with the murder of her
sweetheart. ] Bolton Kennedy.
must go TO trial a second time.
The jury in her first trial was
discharged tonight by Judge Sid
ney n. Reeve upon reporting
that it had been unable to agree
after being out nearly SO hours,
of which about "a were spent in
actual deliberation. 1t took FIVE
ballots and stood Q to ; for con-
viction on each. Two of the
women members voted for con-
viction. the third for acquittal,
one juror said.
Mrs. Obenchain. her face
white and drawn. came into
court at 7:45 o clock in response
to a summons from the JUDGE.
who previously had conf RED
with her senior counsel and
deputy Dist. Atty. Reyes. I'm
mediately after~ard the jury
filed in and the Judge asked
foreman Frank W. Crockett. a
retired lawyer of Pasadena, how
| the vote stood
stood to From First.
eve have stood 10 3 from the
! first ballot" the foreman replica.
/ Judge Reeve then asked each OF the
I J. il he thought there was any pos
sibilitv Of reaching "a verdict Each
replied i'm the negative. ThereupOn
the Judge pronounced their formal
discharge.
The case was reset for next Tues
day. when, Mr.. Keyes announced,
motion for the setting OF a new
( trial date viii be made
Mrs Obenchain was returned RI
/ the women's department OF the
/ county JAIL She declined 90 COM
/ ment upon the result while in the
/ court room Her attorneys said she
made no statement 20 them Up
/ 70 last night she had expressed her
/ self as confident OF an acquittaL but
| friends who visited her in the isn
/ today said she had resigned herself
/ 70 a disagreement Some members
/ Of the jury said the one division
was on the quetsion OF guilt or ,nno-
! cence They did not reach the Ques-
/ tion OF degree OF guilt
/ The trial was begun FEB. g. last.
/ but was delayed several times by
/ illness Of jurors and witnesses which
/ necessitated adJournments ranging
/ from one 10 three DAYS. Mrs. Oben-
/ chain was on the witness stand de-
MED the states assertion she CON
| spired with Arthur O.. Burch 20 slay
] Kennedy.
, Burch was called 20 tho stand ~
the prosecution and questioned con
corning his actions prior % the
/ tragedy.
Story 81 states Charges.
Mrs. Madalvnne Obenchain OF
/ Chicago and Evanston H.. con-
\ spired with Arthur O. Burch. a for
mer college acquaintance. N KIN J.
/ Bolton Kennedy. Young Los An
geles real estate bro according
I 20 the Indictment hich Mrs
Obenchain and Burch ere Jointly
/ charged with murder Burch WAS
I placed on trial Nov - -ast- and on
I January s the jury was discharged
after ballotinR FOR three days with
I out reaching a verdict The fral
ballot stood ten 70 two for convlc-
| ton.
Mrs Obenchain. the prosecution
I cOntended In the Burch trial. was
/ the instigator OF the alleged plot her
motive being revenge because Ken
/ nedy had refused 20 marry her. The
+ relations between the woman and
Kennedy Were established by means
/ OF letters identified as being in AIRS.
Obenchain's handwriting. and found
! in Kennedy room and q safe de-
post box after his death on August
8 last From these j. developed thar
! they became acquainted in Los An
geles about five years ago For two
+ years a correspondence continues.
and letters written during this time
+ contained expressions OF warm ar
/ lection. anw two were signed Mrs
J. Belton Kennedy"
AIarries Ralph Obcnchaiu.
In spite Of the apparent intimacy
the young woman. who up 10 that
time was Miss NadaIynns Conner
was married early in January. 1919
/ in Los Angeles 20 EalDa r Oben-
chain young Chicago attorney
who had 1us- returned from over
seas army service a month later
however. she renewed the corre-