another content in 1922
10 UN ON FIRST JURf ARE FOR CONVICT! Vote Stands 9 to 3 on Each of Five Ballots Taken After Hearing NEW DATE TO BE SET Group Did Not Reach Question of Degree of Guilt in Case (By Associated Press Leased Wire) LOS ANGELES, March 19. Mrs. Madalynne Obcnchain, charged with the murder of her sweetheart, J. Bel-ton Bel-ton Bel-ton Kennedy, must go to trial a second second time. The jury in the first trial was discharged tonight by Judge Sidney N. Reeve after reporting that it had been unable to agree after being out nearly 56 hours of which about 24 were spent in deliberation. It took five ballots and stood nine to three for conviction on each, according according to one of the jurors. Two of the women members voted for . conviction, the third for acquittal. Mrs. Obenchain, her face white and drawn, came into court at 7:45 o'clock in response to a summons from the judge, who had previously conferred conferred with her senior counsel and Deputy District Attorney Asa Keyes. Immediately afterward the jury filed .in and , tho judge asked : Foreman Frank W. Crockett, a retired lawyer of - Pasadena how the vote stood, numerically, "We have stood nine to three from the first ballot," the foreman replied. Certain Verdict Is Impossible Judge Reeve then asked each of the 12 if they thought there was any possibility of reaching a verdict. Each replied in the negative, whereupon whereupon the judge pronounced their formal formal discharge. The case was reset for next Tuesday Tuesday when, Mr. Keyes announced, motion motion for the setting of a new trial data will be made. Mrs. Obenchaia returned to ths women's department of the county jail. She declined to comment upon the result while in the court room. Her attorneys said she made no statement to them. TJp to last night she had . expressed herself as confident confident of an acquittal, but friends who visited her in the jail said she had resigned herself to a disagreement. disagreement. Hurls Asida Reporter Members of the jury who consented consented to discuss the deliberations said the only division was on the question of guilt or innocence. They did not reach the question of degree of guilt. Other members were uncommunicative, uncommunicative, one hurling aside a newspaper reporter who asked for a statement The trial was begun February 6. test, but was delayed several times by illness of jurors and witnesses, which necessitated adjournments ranging from one to three days. Mrs. Obenchain took the stand and denied the state's assertion she conspired with Arthur C. Burch to slay Ken- Ken- . nedy. Burch was called to the stand by the prosecution and questioned concerning concerning his actions prior to the tragedy. tragedy. He replied ho would not answer answer unless the indictment against him was first dismissed. His second trial is set for March 27, next, the first having resulted in a disagreement. disagreement.