The Detroit times., 1909-06-28
.B0YAJ|AN WEEPS
V|0LE NTLY IN
COURT ROOM
Doctor Can't Conceal Grief When
Pointed References Are Made 70
Tragedy and To Alleged Unfaith-
fulness of Wife.
Strong Intimation That Defense Will
Rely To Some Extent on Unwrit-
ten Law-No Jury Yet.

A mans violent sobs broke In uron
the dreary proceedings In Judge Con-
noily's court. Monday morning. soon
after the task OF securing a jury To
try DR.. G.. X. Boyajian on a charge OF
numbering his nephew. Hartoon Cos
tanian. was resumed. The man was
Dr. Boyajian himself and pointed ref
erences 10 the tragedy and the alleged
faithlessness of DIR. Boyajian's wife
were the occasion for the emotional
Cutburst
Attorney Bumps had just asked
juror IL revelations concerning the
conduct OF Mrs Boyajian and Gostan-
ian would affect his verdict when the
doctor gave way, attracting the atten-
ton OF the crowded court room. Hold
ing a handkerchief to his eyes with
one hand, with the other ne violently
famed himself. For several minutes
his grief found vent In this manner.
and the proceedings went on without
interruption. The doctor finally recov-
cred his composure and again turned
his attention TO the jury box. He did
mot manifest the same alertness. how
ever, that was observable Friday and
Saturday. He looks rather worn and
downcast
This was due In q measure. no
doubt. to bad" spell Sunday night.
The doctor explained to the newspaper
men that. since the tragedy. he has
been subject to frequent attacks or
heart trouble.
1t became apparent. Monday morn
ing, that the defense will rely largely
on the unwritten law TO free the de-
PENDANT, or. failing In this, may try to
establish a case OF manslaughter.
Up TO this time the attorneys haf
been silent on this phase OF the case
E and had simply directed their EFFORTS
toward learning whether prospective
: jurors had any opinion as TO the guilt
or innocence of the accused. Soon
after the case was resumed. Monday,
r however, Attorney Bumps began
sounding the men sitting IN the box OH
:. the proposition of the unwritten law
- The majority of those questioned de-
clared that they would not be infiu-
enced In rendering their verdict by any
n revelations involving the Doctors wife
h and the deceased nephew.
@ Anthony Dourau, No. $50 McKinstry.
J. ave, said 1t would depend on how 1t
happened.
"As far as you know, this might be
l. lust such a case as you have In mind,
. might it not? asked Prosecutor Van
). Zile.
Il Yes"
Mr.. Dourau was promptly excused.
Duncan Stewart, Nc. 100 Canfie!d-
: ave. west. one OF four members OF
= 'he original panel who remained In
the box at noon. admitted that such
4 state Of facts would tend to modify
his verdict, and on further question
ing by Prosecutor Van Zile, said that
4 might affect him To the extent OF
! iustifying the crime. He, too. was ex-
Cused for cause.
Several OF the extra talesmen drawn
were excused by the court for busi-
ness reasons. number OF others
were disqualified for technical rea.
sons, not a few OF them having served
In court OF record within the past
three years When court adjourned
for the noon recess at 123 80 there
was no immediate prospect OF secur-
ing a jury.
Prosecutor Van Zile used his first
3 and only peremptory challenge thus
far on the Aremenian. Hartoon Writ
. or. Monday morning. Writer Is
Q friend Of the defendant, but declared
n that this fact would In no way bias
|, his Judgment.
DR.. Boyajian's brother and sister
n occupy seats In the court room and
4 lust behind them sit II. Gostanian.
= father Of the murdered youth. and his
< daughter. who came from Lynn, Mass.
q TO attend the trial Mr.. Gostanian
{ was also visibly affected by the ref
g erences TO his sons alleged relations
l. with Mrs BOyajian.