The Detroit times., 1909-07-15

With the exception Of the testimony
OF Hagop Gostanian and his wife, the
father and mother Of the young man
for whose murder DIR. Boyajlan u now
ON trial. the prosecution has no fur
ther rebuttal witnesses. They will be-
examined during the afternoon, In all
probability. When the arguments will
be reached depends on whether the
defense has any witnesses In suf.re-
buttal
DR.. Justin K. Emerson, one Of the
foremost aiienists In the country, oc-
cupied the witness stand all Thurs
day forenoon. He expressed the posi-
tive opinion that DR.. BOyajian was
sane at the time he shot Gostanian
and capable of controlling his acts.
The defense, after an exhaustive Cross
examination, was unable to shake this
opinion.
Court Officer Dan Searle reported to
Judge Connolly. Thursday morning.
that he had. heard Jurors Goetz and
Brady discussing the evidence and the
different verdicts that may be brought
in In q murder case. in their quarters
In the Griswold house, late Wednes-
day night. Both jurors denied to
Judge Connolly that they were dis
cussing the Boyajian case. and there
the matter dropped. However. the
court again warned the jury. after the
noon adjournment, to refrain from dis
cussing the case until they had heard
all the evidence and had retired to
their deliberations.
Or. Emerson Testifies.
Notwithstanding his declaration,
Wednesday afternoon. that he would
not take the stand to be grilled by the
| defense with no opportunity to hit
back. DR.. justin z. Emerson was
sworn as a witness for the prosecu-
tion when the Boyajian murder trial
was resumed, Thursday morning. Pros
ecutor Van Zile had induced him 10
reconsider the matter. but the de-
fense made no promise to go easy
with the doctor.
Attorney Bartlett, who conducted
| the cIoss-examination OF DR.. Hitch
cock was i'll, Thursday morning, and
unable to appear In court. Mr.. Bart
| lett has been laboring under great
nervous strain since the beginning OF
the trial. He Is sufferer from IN
somnia and. In conversation with
friend, recently, he declared that ZOE
/ the last three weeks he had not en-
joyed more than two hours sleep each
night In Mr. Bartlett's absence the
entire burden Of conducting the de-
| fense fell on Attorney Frank Bumps.
Later In the morning. however. Mr..
Bartlett appeared.
DR.. Emerson In his preliminary 'tes-
timony, said he had practiced medi-
cine more than 40 years. He received
1 Cd In, a
| In Williams university and Harvard
university. After graduating from the
medical department Of Harvard ne
took postgraduate course In the
New York College OF Physicians ana
Surgeons. He spent eight years In
the Kalamazoo asylum as assistant
physician and for the last 20 years
has been associate physician In 81.
Joseph's retreat, with which DR.. Clark.
has also been associated for IL years.
| Waiytng further preliminaries,
Prosecutor Van Zile varied his pro-
gram by reading to the witness nrst
the hypothetical question prepared by
the defense and following this with
his own.
In answer to the first question. DR..
Emerson said:
81 believe that DR.. Boyaiian was
sane when he shot Gostanian. l De-
lieve he was capable of control at the
time and that. In fact, he exercised
control in the act"
To the second question he replied
simply:
II should say he was sane"
Recounting how he arrived at this
conclusion, DR.. Emerson went over
substantially the same ground cover
ed by DR.. Hitchcock. Wednesday. He
made light of the physical and men,
tai stigmata found in the doctor,
which DR.. Clark, testifying for the
CONTINUED on Page Nine.)