The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-07-01
INSANITY DEFENSE CROPS OUT
EARLY IN BOYAJIAN CASE
Continued From Page One.


is rarely that jurors follow this prec-
tice in "A criminal case
During the forenoon the jury was
taken 10 the police court, where Clerk
Elsman pointed out the positions oc-
cupied by the parties TO the tragedy.
One OF the Jurors MT Rumble. asked
the Judge 10 direct DR. Boyajian To
stand where he did when the shoot
ing took place but the suggestion, OF
course. was promptly frowned on.
BOyajian, during this visit, acted as
though the surroundings were entirely
new 10 him and he manifested no 1T
tie curiosity in the proceedings.
Taking Of Testimony Starts.
Taking OF testimony in the case
was begun in Judge Connolly's court
shortly before 10 o'clock. Thursday
morning. Through all oversight sew
eral witnesses for the prosecution
were not suDpened, Wednesday after
noon and this caused a slight delay.
Or Boyajian looked hopeful and
seemed quite composed as the trial
started. but still complained OF his
heart. The lobby OF the court was
but little more than half-hlled when
the trial got under way, but began to
fill up rapidly soon atterward.
II Is almost certain that Dr. Boyf
Jan will take the stand in his own
behalf. though no definite announce.
ment has been made by the defense
Deputy Sheriff William Martz, who
himself narrowly escaped one OF the
doctors tuliets. was the hrst witness
called by the prosecution. He tod
OF the shooting IA detail, substantial
~ as reported at the time. Just pre-.
ylCuc 10 the tragedy, Dr. BoyaJian WAS
sitting la ds.c OF the front seats, with
IL the railing that separated the court
room proper from the lobby.
The hrst shot was dreq at Mrs Boy.
a Jan DO she and GOstanian stood dp
10 lie aryMgned on the charge made
, by the doctor. II pierced the WON
ans hat. Then the doctor shot twice
, al Gustanian. The latter, after the
/ first sho' at him. sank back In the
+ box. but the doctor continued firing
Two more shots were fred rs the dep
Iuty and OFT ers grappled with the as
sassiu.
The defonse had no questions 20
ask the witness, and Police Court
Clerl John Eisman then took the
stand
/ John Eisman's Story.
| Eisman corroborated MartZ's story
OF the shooting and told in detail lust
where the parties to the tragedy had
stood
When did you first see the defeud-
ant that morning. was asked.
Il saw him in the corridor before
/ the shooting occurred
What did he say TO you, If any
( thing?"
He asked me how the women pris-
oners were brought over and IL WON.
en- deputies were employed told
him We had no women deputies ard
that the women and men prisoners
were brought over separately"
Attorney Bumps. taking up the
cross-examination. questioned the
witness closely as 20 the doctors man
ner At that time. Eisman said he did
not take particular notice of tie
mans actions, but noticed. however
that he seemed To be staring out into
vacancy
The emotional insanity defense be-
gan TO manifest itself early in the
questioning process.
Did you notice that the doctor was
running into people and going about
the hall as though he had no knowl-
edge of what he was doing?" asked
Bumps
Eisman answered in the negative.
He admitted that the doctors ques-
ton as TO the women deputies WIS
rather unusual"
You recall, do You not, that the
doctor tainted i'm the police court be-
% bn pd0
Bumps.
We'll. saw that there was some
thing wrong with him and saw Frank
Aldrich (of the department Of pubic
works. get glass OF water for him
And you saw his head resting on
Attorney Bartleus shoulder. didn't
ycu?'
yes"
He was unconscious, wasn't ho?"
II don't know whether he was uf,-
conscious or not can't say
How long was that after Mrs Boy
ajan was brought In"
81 believe she had been In the room
five minutes
Eisman said that when the shooting
began he was standing by the clerks
desk just I'm front OF the bench.
Describes Shooting
Justice Jcnries, had just called the
case" he said "and after ordering
Gostanian to stand up. was comment.
ing facetiou,ly on the name when
heard shot and wheeled about Ms
did So. | Saw Or BoyaNan leaning
over the gate OF the prisoners box.
he had a revolver in his hand and
was pointing az Gostanian, holding the
weapon rather low, thought As |
looked he fred two more shots, both
az Gostauian, who rceled bacR int
one corner o tho box"
During all this time, the witness
said those I'm the court room stood
rs though spellbound. Then pande-
monium broke loose rs DEPUTIES Martz
and Rocks closed ia on the doctor
ard one Of them (thp testimony viii
show II was Martz) struck him a srif
blow In the face Eisman recalled
having heard only four shots A. i.