New-York tribune., 1922-03-20
Set New Trial Next Week
defendant, l. Charged With
Killing ]. B. Kennedy:
j Alleged Accomplicc Held

,os ANGELES. March 10 The jury
:. ,bc case Of Mrs. Madalynnc Oben-
.,,in charged with the murder of +.
o.,.on Kennedy, stock broker. on
,rcus. ). 1921. reported 10 Judge sid
VI. Reeve at ,;49 o'clock tonight
~, !, had bcen unable to reach an
..,,ement. 1t was discharged.
n, Jurors were hopelcssly divided.
,.,ording to Their reports to Judge
Reeve.
rsch was asked separately whether
A,,e was chance Of agreement. Each
,,pred there was none
The foreman told the Judge that the
s,..;on was mac to three, but, as the
w. rsouircs. did not say whether the
1.,oritv favored conviction or acquit-
81 a., Juror SAID later that the nine
..enrod conviction, and that tho di-
..a;on had been or that basis from the
rs, iaice g~' Reeve reset tho case for next
7nssdsy. March D. when. he said, he
xond set The day for the new trial
V-s Obenchain was IN court when
=. ;ury reported She looked pale and
worried.
Revenge Motive Charged
Tho revenge of a woman scorncd was
T.. motive the prosecution sought to
.,..bl;.b In Tie trial About two
-.s,bs before the crime, accordin1 to
..s,monv. Mrs. Obeuchain LEFT Chicago
4, San Francisco and told &c
.uajntsnces she was to marry Kennedy
that city OH June 2S.
kennedy failed 10 meet her, how
asr and she came to Los Angeles.
-se-e we're frequent meetings between
'.s couple during July, and Mrs. Obcn-
..,in wrote letters 20 Kennedy. intro
..,sd in evidence. some Of which cN-
,rsssed ardent affection. others deep
sentiment. On one occasion Mrs.
1Asnchain took Kennedy to fortune
yllsr whom she had asked to talk
lrorabe" to the young man, accord
. to testimony Finally Mrs Obcn-
ssin wrote to Kennedy that she WAS
through with him. and on the same
i,y telegrsphed to Arthur c. Burch, an
h schoolmate living in Evanston, Ill.
b come 10 Los Angeles, saying she
,eeded him and "thc friend had last
ummer' Burch came to Los Angeles,
ringing with him shotgun case. ac-
srdng TO a Pullman porter's testi-
uany.
Pair Drove TO Kennedy Cottage
Kennedy and Mrs Obenchain went
motoring on August and IN the even
ins drove to 8 summer cottage owned
by Kennedy in Beverly Glen, fifteen
niles from Los Angeles. As Kennedy
vas Standing on a flight of steps in
irOnt Of the cottage two shots were
fled from shotgun, the second kill
1g Him. Mrs. Obeuchain was found
acre with the body Two persons
astfsd they saw Burch in the Glen
ssrisr in the evening, and 1t was testi-
red be rented ar automobile under an
Ssumed name that night Mrs. Oben-
tsn and Burch werc indicted jointly.
'a' obtained separate trials Burch
7s tried first, the jury agreeing,
final ballot beng 10 TO for con-
gt.ion
In the Obencbain trial tho prosocu-
ton asked for a verdict Of guilty on
The ground that the defendant CON
pired with Burch to slay kennedy.
A considerable portion of the testi-
nOny in the Burch trial was ruled out
a the 0oenchain case on the ground
that under rules Of evidence it could
not apply to an alleged co-conspirator.
Mrs. Obenchain's divorced husband,
Ralph R. Obeuchain. was one of her
attorneys in the trial Several weeks
before the trial they obtained a mar
mage license and announced they
would be REMARKED if a verdict Of
acnuittal Mnrn ct,1r,.od