The Detroit times., 1911-03-30
DEFENSE sC0REsIh
QUzzIhG DR..
DADC0Ck
Admission That Epileptic Coming Out
Of Pit, Might Through Law of sug-
gestion Kill One He Feared,
Regarded a. Important.
Case Will Probably Not Go To Jury
Before Middle Of Next
Week.

Attorney Frank f. Bumps, who
with Attorney Ormond +. Hunt, ID
defending DR.. q. X. Boyajian, charged
with the murder of his nephew, Har'
toon Gostanian, whom he shot In the
police court, April 80, 1909, said 10
The Times, Wednesday, that he
didn't think the case would go to the
Jury until Tuesday or Wednesday OF
next week. He pointed out that the
prosecution has few more witnesses
to produce In rebuttal, and that the
defense had q number OF witnesses
to put on in sur-rebuttal. In addition
to this additional testimony, he said
the arguments of the prosecution and
+ defense to the jury would take al
7 least two days. Also, he explained
Thursdays session would be short,
a. Judge Connolly would be going
s TO Lansing at noon, and that there
; would be no session on Monday, De-
cause Of the election.
The defense feels that IL scored
hesvily in the cross-examniation OF
s Dr. w. l.. Babcock, one OF the alien
lists testifying for the prosecutor
4 "wednesday morning His statement
TO the effect that a man who feared
another person, might, as result OF
. nuch fear, after coming out or an
epileptic at, shoot the person he fear
"a. through the law OF suggestion. Is
REGARDED by the defense az the
F strongest point II has gained In the
whole trial, according to Mr.. Bumps
IA Testimony has been offered by the
defense to show that DR.. Boyajian
feared Gostanian, because OF threats
that Gostanian made against him.
DIR. Babcock, who. Tuesday after
noon. declared that DR.. Boyajian, was
sane when he killed his victim, was re-
called to the stand for cross-examina-
ton, Wednesday morning.
Attorney o. F. Hunt, for the de-
tense questioned the witness regard
ing his practice since his graduation.
DIR. Babcock said he had never been
in public practice. explaining that ne
had been connected with number OF
hospitals and asylums before coming
TO Detroit as superintendent OF Grace
hospital, seven years ago.
Mr.. Hunt asked DR.. Babcock IL there
was a specified remedy for eplipepsy,
and the witness answered that there
was not.
The witness said, in response TO a
ouestion. that he had no acquaintance
with DIR. Boyajian. They had never
spoken to each other, he admitted
He didn't think that II was necessary
ftr a medical man TO have a knowE
edge OF a man to give an opinion as
TO whether he was epileptic. He &C
knowledged that DIR, -Klingman, who
made a personal examination OF DR.:
Boyajian, was In a better position 10
Judge OF the defendants mental condl-
ton than he. He considered DR..
Klingman an expert on mental dis
eases.
Mr.. Hunt drew the attention of the
witness to the fact that conviction OF
the defendant would mean lie I'M
prisonment to him.
Prosecutor Van Zile interposed an
objection, whereupon Judge Common
ly ruled out the reference TO the pos
able result Of the trial.
Mr.. Hunt then asked the witness II
the actions of DIR. Boyajian, observed
by DIR. Klingman while examining the
defendant In the jail, were those OF
epilepsy.
DIR. Babbock answered that the &C
Hons only suggested epilepsy, in spite
Of the fact that DIR. Klingman and 9th
n alienists had testified that the doc
< tors attack was epileptic.
s'Is hysteria a mental disease ask
"a Mr.. Hunt.
no" was the reply.
~You heard DR.. Ives say on Tues
day. that hysteria was mental dis
ease?,
Eyes, sir, but l don't agree with
{, DR.. Ives" replied the witness.
'.Oh, you don't agree with Dr. Ives
who said he considered himself al
& expert on mental diseases" retortec
Mr.. Hunt, with a chuckle, which was
\ shared by the audience, who remem
bered how DR.. Ives had given him
self credit for being an alienist Of
some standing.
rs person who Is dreaming con
scious,vg asked Mr.. Hunt.
"Partially conscious" was the re
ply.
as q somnambulist one who acts
s. dreams?" Mr.. Hunt further asked.
.sYes." the witness answered.
Mr.. Hunt next asked the witness 1
he remembered the case OF Simon Fra
eer. who was tried in Edinburgh, II
1878. for the murder OF his child
whom he killed by dashing 1t agains
! wall. and who was acquitted, on hi
Plea that he was guilty In his sleep
but not I'm his senses
DIR. Babcock said he didn't REGAL
the case.
DR.. Babcock, answering question
said there was what was known al
marked epilepsy" and that II was
di6IcuIt TO detect II. He said epileps,
vaa not necessarily a mental dis
ease. although Mr.. Hunt reminded
him that other alienists said II was
He regarded II as physical disease
10 show that epileptics do things
unconsciousiy while In seizure. mr
Hunt related the case OF a woman
who had amputated her baby's arm
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