Great Falls tribune., 1922-03-15
0BENCHA|N PLEA
TAPS TEARS OF
WOMAN ON JURY:
Too Much Love for F air
DefendanttoHavekill
ed Kennedy, Argument
State Insists Testimony
Shows Burch Used as
Tool in Murder,

Los Angeles, March l4.-IearS
came to the eyes Of Mrs. Madalynne
Obenchain Tuesday as she listened to
the opening argument in her behalf in
her trial on the charge of numbering
her sweetheart, ]. Belton Kennedy.
Alfred r. Macdonald, who made the
argument, dwelt upon the love which,
according to testimony, existed between
the defendant and Kennedy, declaring
it showed she had no motive for plot
ting kennedy's death
One OF the three women on the jury
wept when Macdonald read letter
Kennedy, wrote to Mrs. Obenchain, con-
tanning the appeal: Love me always"
The attorney declared the states the
ory that Mrs. Obenchain was a "wom-
an scorned' had been disproved and
that, If anything, it was case Of a
man scorned" Macdonald will resume
his argument Wednesday.
According, to the announced program,
he will b9 followed BY Jud r. Rush,
senior defense counsel, who will ad-
dress the jury for the rest of the day.
Asa heEes, deputy district attorney,
viii ma ke the final argument Thurs
Orays Picture With Cherubs In 1t
ChaEles w. Fricke, deputy district
attorney, closed the first argument for
the fate Tuesday afternoon. appealing
70 t4e jury to render verdict lin ac-
cor2ance with the evidence.
ehere probably never has been a
cafe, Macdonald said. in which
tHan the pres ent trial
/ IF it hadn't been for the efforts of
kennedy's parents to prevent it, Mac
donald declared, these two souls
I would have been married today. and
probably had one or two little ones rum
ming around this Courthouse
Mr.. MacDona!ds last words to the
jury today were:
II am going to show you in the
morning. out of the mouths of the
states own witnesses in this case. that
Beverly Glen at the hands of two
roughly dressed men, just as Madalynne
Obenchain said he did"
Cites Lapses Of Memory as Guilt
When court convened, Mrs Oben-
first days of trial. Apparently know
ing that. as far as her personal efforts
were concerned. the trial was over. she
came into court smiling. The tired and
worried look she had worn since taking
the witness stand in her own defense
had vanished.
Resuming his argument. Mr. Fricke
referred to Mrs. Obenchain's story as
canned statement" and asserted it was
made to order" and had been plan
ned He told the jury that the more
than ordinary intellect permitted her
to have IAN excuse for every bit of in
criminating evidence" He also argued
that Mrs. Obenchain. like any person
On trial. for murder as brutal and
cruel as this, wouldn't hesitate in hav-
ing convenient lapses of memory"
Was In Peculiar Condition
Mrs obenchain sent for Burch.
Fricke said. because she realized she
was in a peculiar position" having
obtained divorce and told friends Of
her love for Kennedy. The greatest
thing in her mind, Fricke declared,
was to meet Burch at the train wien
ne arrived here in July. 1921. and
tell him her troubles with Kennedy.
After Burch heard her story the
greatest purpose he had, Fricke said.
was to watch every movement Ken
nedy made.
"Friend' Was Shotgun
referring to the telegram Mrs.
Obcnchain sent Burch shortly before
the latter's arrival here in which
Burch was asked to bring the friend
l had last summer Fricke said:
What Burch brought with him was
shotgun; That's the friend of last
summer"
Fricke argued that it was the first
shot fired that killed Kennedy and i
called the jury's attention to testi- |
mony given at the trial by medical
experts who stated that Kenendy's
death was instantaneous.
Says Burch Called Good Night"
ut was therefore impossible for
Kennedy to have called Good night |
Mazzalyn' after the first shot. as Mrs. |
Obcnchain told you he did, Fricke |
told the jury. "But there was some
one there to say Good night. |
Mazzalyn' after this shot crashed into ,
Kennedy and he lay there bleeding |
and dead. That was Arthur Burch. |
1t was he who called. and it was |
Burchs Good night, Mazzlyn' that ,
this defendant heard
"High Seas" Marriage |
The jury was told that there was
something in the relation existing be-
tween Kennedy and Mrs. Obenchain /
which she failed to reveal in her tes-
timony. Fricke said:
"Take the simple little question
asked by Mr.: Keyes as to whether she
had ever married Kennedy on the high
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