Great Falls tribune., 1922-03-16
CITES LOVE AS
PROOF AGAINST
MURDER CHARGE
Counsel Enobles Rela-
tons Of Mrs. Oben-
chain and Kennedy.
Just an Old-Fashioned
Case Of Affection Jury
Is Asked to Believe.

Los Angeles, March 15-Defense
| arguments occupied all of Wednesday s
sessions in the trial of Madalynne
| Obenchain, charged with the murder of
her sweetheart. J. Belton Kennedy.
Jud X. Rush. senior counsel for Mrs.
Obenchain, began his address at the
opening Of the afternoon session. He
will close Thursday
Mrs. Obenchain wept when Rush
read letters which had passed between
her and Kennedy. Rush said Kennedy
loved her ''as devotedly, Loyalty. pas
sionately and enduringly as she loved
him. He declared the state had not
shown that she ever held any malice
towards Kennedy.
Burcf, Just a Brother
Referring to Arthur G. Burch, Mrs
Obenchain's codefendant, the attorney
said:
"Madalynne Obenchain looked on
Burch in sisterly sort of way.
Burch's mother. wife of minister Of
the gospel, invited such a relation
Mrs. Obenchain herself, he declared,
is Christian woman of culture. edu
cation and refinement and her letters
indicated nothing but purity. portray
ing the highest ideals and nohlest
thought"
Defendant Wears Smile
Mrs. Obenchain came into court
wearing smile. as Tuesday. and in
as the pleas in her behalf were being
made.
Mr.. Rush, early in his argument. told
the jury that the case involved an ''old
fashioned love story He said that
kennedy's death was a mystery and
referred to the prosecutions case as
one of theories and not Of facts
He declared Mrs. Obenchain and
Burch we're not lovers.
DiscIaims Dodging on Burch
Referring to a remark made in the
states argument that the defense had
not called Rurch as witness. Rush
termed it ''far-fetched. in view of the
states attempt with Burch on the wit
ness stand" Though Burch was called
as witness by the state. he refused,
upon the advice of his attorney to testi-
fy. Rush said the defense had no con-
troll over Burch and no means in the
world to bring him here
Touching upon Mrs Obenrhain's
Testimony that she had no remembrance
of making n statement to officials the
dav following the killing. Mr.. Rush
said it was not an unusual happening.
He cited instances where, he argued.
il was possible for q person to have
clear memory Of events up to the time
Of sustaining a severe shock, and then
to lose all remembrance of events i'm
mediately following.
Mrs. Obenchain, though subjected to
the most effective cross examination
have ever heard in my life: came
through without material variation in
her story" Rush declared.
No Gun Seen With Burch
Alfred NJ. Macdonald resumed his
argument in defense Of Mrs. Oben-
chain by reviewing portions OF the evi-
dence which he contended supported his
that Burch did not kill Ken
nedy. After asserting there was no
testimony that Burch actually was seen
with a shotgun. he said it was absurd
to argue that Burch. bent on murder,
would bring gun 1000 miles, carry
ing it around for everyone to see"
Replying to the states contention
that Burch had rented car on side |
road in Beverly Glen the night Of the
killing. Macdonald said the evidence /
showed that any car that was there. |
III
Kennedy was killed.
Burch Not There. He Says
. He said the testimony showed that |
Kennedy was killed between 8 and $40 |
D. m. He pointed out that the witness /
es who fixed this time testified they |
did not see any signs of an automobile |
in the side road. Reading from the t
testimony Of the states witnesses. who /
said they saw the lights of what the
says was Burchs car. Macs
Donald declared they were unable to
fix any definite time. If they did see
a car, he argued, 1t must have been
before the shooting.
"If there was no car there at the /
Time Kennedy was shot, under the
states theory, Burch could not have
been there" Macdonald said.
Too Much Love For Murder
Declaring that this went to the very
foundation of the states case, MacDon-
aid told the jury that it rendered ''in-l
the Testimony that !
Burch rented car the night of the
killing.
In closing Macdonald said:
'sThe story of Madelynne Obenchain
Is one of love and devotion. You no
ticed her appearance on the witness I
stand where she was subjected to the
most grilling cross examination.
ask you, could it be possible she could
,e guilty of conspiracy to commit the
murder of which she stands charged?
No, her love for J. Bolton Kennedy
vas too great"