The Detroit times., 1909-07-16
B0YAJIAN HAD NO RIGHT
TO KILL GOSTANIAN


Who says they have followed
hlnl? interrupted Judge Cononlly
Ihere Is no evidence of IL here
l charge IL as a fact, your honor.
said bartlett
Continuing Bartlett said:
challenge any man To show that
Or. Boyajian was ever a fakir that he
ever took advantage OF anyone who
attended his lectures. And II Is COW
ardly OF the prosecution To attempt
to inject into this case the charge
that he was a Snowman
Bartlett almost gave way TO tears
as he led up To the Doctors marriage
To Ethel Yerkes and thence TO Ma
home life. DR.. Boyajian. In the mean
Time, burying his face In his hands.
That was fateful night he said.
1T was an unfortunate episode In TINS
mans life when at one OF his lectures
In Inlay City. he made the acquaint'
ance OF the woman who became his
wife"
A reference to the birth OF the
daughter, Margaret. brought the attor'
ney to the scene In the court room.
which. 1t had been charged. was all
framed up by the defense TO excite
the sympathy Of the jury.
Is not true" he declared. II have new
er resorted to such tactics and We
don't have To In this case. We are
satisfied to rely on the facts for We
have established an adequate defense.
And now Hartoon Gostanian comes
on the scene. lie steals into the doc
tors home and affections like ser
pent. II burglar comes into your
. home and steals your valuabies FROM
you the law will excuse you In shoot
| ing him down. Gostanian was worse
than burglar.
but gentlemen. we do hot rely on
the unwritten law to secure the ao-
quittal of DR.. Boyajian. Nor do we
appeal tc you on the ground or SYM
pathy We have a defense that Is rec.
cgnized in every court In this land as
an adequate and proper one-that or
insanity"
Bartlett told how he had personally
visited insane asylums and had seen
epileptics have as many as five fts IN
one day, and during these fits they
we're conscious, he said.
"You better get on the stand ana
testify" put In Prosecutor Van Zile.
Bartlett urged the jury to give great
weight to the testimony OF Frank Al
drich, the only witness outside OF Dr.
Clark who expressed the opinion that
Boyajian was insane at the time or
the shooting.
Gets After Or. Hitchcock.
Bartlett bitterly attacked DR.. Chas.
w. Hitchcock, one OF the experts VINO
testified for the prosecution that Or.
Boyajian was sane when he shot Cos
tanian. The attorney denounced him
as an impostor, declaring that he IS
not regarded as an expert and that he
knows less about mental diseases than
the gentlemen OF the jury. Quoting
from the doctors testimony he went
on:
What does he tell you about the
defendants fainting spells? lie says,
i cannot say that they were not ertl-
epsy?' II they were epilepsy you can't
convict this defendant
LAS for DR.. Emerson, | believe he
was In his day an able physician. But
he's an old man now and possibly
doesn't read up on these matters as
he was wont to do in his younger
days. He. too, tells you, as TO the doc
tors Ats. 1T Is impossible for me TO
say positively that they were not cpl
leptic'
"And now l want TO call your attcn.
ton TO another witness, DR.. David K.
Clark. an active az well as a practi-
cal man. He is no theorist He has
had IL years experience. He tells you
this defendant was unquestionably IN
sane, and that testimony Is worthy or
YOUR serious consideration His testi-
mony Is worth more than that OF any
FIVE witnesses OF the prosecution.
Gould DR.. Boyajian have received
greater blow than he did receive
when he came to realization OF what
had transpired In this home during
his absence. Why. gentleman, even
a normal mind would have tottered
under such blow.
Calls Gostanian Serpent.
"Have you ever heard of more UNI
grateful man than Hartoon Gostanian?
They talk about DR.. Boyajian taking
advantage of this man as he stood IN
the box. What had Gostanian done?
He had wormed his way in TO this man 4
heart and home like serpent and
then had robbed him of everything
the doctor held most dear. DR.. Boya-
jian was a prince beside Gostanian.'
During this recital Hagop Gostan-
IAN father of the slain youth, and mis-
daughter left the court room In dis
gust.
Attorney Bartlett attempted to give
his own version OF what transpired In
the court room but was called to order
by the court on the objection OF Pros
ecutor Van Zile and warned to confine
himself to the testimony.
There Is no fight between the state
and this defendant, except technical
one" he continued almost savageiy.
This was a fight between these two
men. II was a fight to the death ami
Gostanian paid the penalty And IL
DR.. Boyajian had not shot down Har-
toon Gostanian this beast In human
form would have shot down DR.. Boya-
jan the very first time they met on
the street
But beast though Gostanian was,
DR.. Boyajan would not have TAX
en- his life II he had not been insane.
And when the prosecution says he is
acting as he sits in this court, say 1t
is lie
Bartlett included in his argument a
reference to sketch on the boards OF
local theater this week which has
the unwrltten law for its theme.
Mr.. Bumps Address.
Attorney Bumps. the associate OF
Mr.. Bartlett, rose to address the jury
shortly after IL o'clock. He began
with an eloquent defense OF the uu-
xyrftt laty