The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-05-26
BURCH Jury FAILS
TO REACH VERDICT
FINAL BALLOT SEVEN TO
FIVE FOR ACQUITTAL
SECOND TRIAL OF CASE
Four Women Voted 70 Free
Charged Slayer; Talesmen
Discharged by Judge.
ASSOCIATED Press Dispat"h.1

Los Angeles, May 22.-The jury
in the trial of Arthur c. Burch for
the murder of j. Bolton Kennedy
was discharged by Judge Sidney N.
Reeve, today after reporting 1t was
impossible TO agree upon verdict.
Jurors said that the final ballot
was to 5. for acquittal. This di
vision was unchanged since Satur-
day when the first ballot of to 6
was changed by one more juror
swinging to favor acquittal. The
four women of the jury voted for
acquittal. The case was placed on
the calendar for next Saturday to
be set for a third trial.
History Of Case.
Arthur c. Burch was jointly IN
dicted with Mrs. Madalynne 0ben-
chain, both being charged with the
murder of J. Bolton Kennedy, local
broker, at Kennedy's' summer cot
tage at Beverly Glen, near here the
night of August 5, last. Separate
trials were granted and each defen-
dant has been tried once, each jury
disagreeing.
The prosecutions theory was
that Burch, being infatuated with
Mrs. Obenchain. a former college
acquaintance, shot Kennedy at her
instigation, after Kennedy, with
whom she was in love, had refused
to marry her.
The evidence showed that on July
IT Mrs. Obenchain telegraphed to
Burch, who was in Evanston, Ill, to
come to Los Angeles, the telegram
saying, 81 need you and the friend
| had last summer" Burch arrived
here July % bringing with him a
tpC-
timony. The prosecution claimed
that the gun was the friend" re-
ferred to in the telegram.
Watched office Windows.
Burch took a room in a hotel COM
manding a view of Kennedy's office
and watched the office windows for
long periods, according to hotel en-
ployees. According to the testimony
he also rented an automobile under
an assumed name and took extended
trips
Mrs. Obenchain and Kennedy
went driving the night Of August 5.
and about nine O'Clock stopped at
Kennedy's summer cottage in Bev-
erly Glen. As Kennedy was mount
ing a fight of steps in front of the
cottage, two shotgun shots were
fired. One struck Kennedy, and
meOlCal testimony SuO"Cu tudI
death was instantaneous.
Mrs. Obenchain testified at her
trial that she saw two roughly dres-
sed men disappear in the bush from
which the shots were fired, and that
Kennedy called Goodnight, Mazz-
iyn" to her after the first shot. A
woman living near the Kennedy cot
tage testified that after the second
shot was fired, she heard man
say, "Tve got him." and the mingled
voices of man and woman in con-
yersation could not distinguish.
On that night, it developed. Burch
was out in a rented automobile and
testimony showed that a side road
IN the glen bore tire tracks similar
to imprints which would have been
left by the tires on Burch's car.
Burch started for Chicago the
next day, but was arrested at Las
Vegar, New. He was first placed on
trial Nov. %, making plea of in
sanity. On January 16 tina jury
was discharged after celebrating
three days without reaching a YER
dict. the final ballot showing 10 to
2 for conviction.
Mrs. Obenchain's trial commenced
January 26, and she took the wit
ness stand in her own defense. Be
coming deadlocked on vote of 8
to 3 for conviction, the jury was
discharged March 10. Her second
trial is scheduled to begin June 5.