The Detroit times., 1911-03-31
DISAGREEMENT IN
DOYAJ|Ah CASE
IS PROBABLE
Second Trial, Like the First, Will
Prove Abortive, Is Courtroom
Opinion; Taking Of Testimony
Is Concluded.
Arguments Begin Friday Morning
and Case Will Reach the Jury,
Saturday Afternoon.

The. taking Of testimony in the Sec
ond trial OF DIR. G. X. Boyajian.
charged with the murder OF his
nephew, Hartoon Gostanian, whom he
shot in the police court, April 80,
1909. came to an end at 10: 40, a. m,
Thursday, when the defense finished
Its examination of its last sur.rebut-
tai witness. Judge Connolly and at
torneys on both sides then adjourned
TO the judges private ONCE and map
ped out program for the arguments
TO the jury. II was decided TO begin
the addresses at 3 a. m, Friday, each
side TO have five hours. Assistant
Prosecutor Jasnow ski opens for
the prosecution and Will be followed
10y Mr. Bumps for the defense. These
arguments will be all that Will be
heard on Friday. Mr.. Hunt will con-
tinue for the defense on Saturday
morning and Prosecutor Van lille will
close for the prosecution. 1t is figur-
ed that the prosecutor will be through
about noon. Then the Judge will ad-
dress the jury. taking up about an
hour. Thus the case Will go to the
jury Saturday afternoon.
There is feeling among old-time
court officials that the jury will dis
agree, as the one in the first trial,
nearly two years ago, did after being
out 13 hours.
= Bumps Expects AcquittaI.
Mr.. Bumps, for the defense, told
the Times, Thursday morning, tnat
he expected an acquittal, declaring
that the defense had presented a
much stronger case In the second trial
than in the first. having been able TO
get testimony for the present trial,
which was not formerly available.
The taking OF testimony in the sec-
ond trial took up three weeks and
halliday. Sixty-six witnesses were
heard, "a for the prosecution and 80
for the defense.
When DIR. b. r. Shurly was called
to the stand, Thursday morning. the
defense thought the prosecution was
springing another medical expert, and
Ormond f. Hunt interposed strong
objection.
Prosecutor Van Zile explained that
DR.. Shurly was simply called to tes-
tify that Mrs. Dora Lambert. witness
for the prosecution, was Ill and unable
TO appear In court, Mr.. Hunt scented
relieved on hearing the explanation
and willingly consented to DR.. Shur-
ly giving testimony.
DR.. Shurly said that Mrs. Lambert
was Ill and had been since the hrst
trial, In which she testified.
Cross-examined by Mr.. Hunt, DR..
Shurly admitted that Mrs. Lambert
was reluctant to appear as witness,
but explained that she was suffering
from nervous shock. He felt that II
she were to take the stand again II
might prove disastrous to her, as such
q strain was harmful to any human
machinery, he declared.
Prosecutor Van lie, after DR.. Shurly
left the stand, asked permission or
the court to read the testimony OF
Mrs. Lambert, I'm whose home, No. 81
Montcalm-st. east, Gostanian boarded.
Mr.. Hunt objected to the reading OF
the testimony, explaining that he had
been informed that Mrs. Lambert had
been in the court room during the
present trial. He said his informant
might have been mistaken.
The prosecutor assured Mr.. Hunt
that Mrs. Lambert had not been In
court during the second trial.
buubC SOhhShy eAoVS0 eAA~ 1890
mony to be read.
Mrs. Lambert's Testimony Read.
The prosecutor proceeded to read
It. According to Mrs Lambert's story,
Mrs Boyajian called at her home. first
accompanied BY her husband and la
ter alone, to see Gostanian. Mrs.
Boyajian had also called up Gostanian
q number OF times on the telephone.
the last time, either the day OF his
arrest or the day before. Mrs. Boya-
jan had phoned Gostanian as aoften as
three times a day, the witness declar-
ed. When she called on Gosta9ian.
sometimes accompanied by her little
girl, she would WIT in his room, &C
cording to the witness. The little girl
was generally sent out to play with
the witness little boy while Mrs. Boy
allan visited Gostanian, Mrs. Lambert
S.id.
The witness said Gostanian was
away nights for about a week, but
was around her home during the day
time.
On one occasion, the witness said,
Mrs Boyajian called up her own resi-.
dence from the Lambert home and
asked IL Margaret, her little girl, was
dressed, saying Sne Was tneh ut HeT
brothers. home. This was on Sun
day. Mrs Lambert said she didn't
know Mrs. Boyajian was in her home
until she saw her at the telephone.
DR.. Boyajian was out Of town at this
time, according to the witness.
During the cross-examination, Mrs.
Lambert said that Mrs. Boyajian cali
ed at her home at least six times
alone and three times with her little
girl.
Mr.. Hunt asked that the testimony
be stricken out on the ground that
Gostanian was looking after Dr. Boya-
jiap's fat while he was away, and
that the defense wanted TO examine,
Mrs. Lambert on this point. a
1 Judge Connolly overruled the re,
quest OF Mr.. Hunt.
Prosecution Finishes.
The prosecutor then announced that
it had submitted it's case.
The defense, I'm sub-rebuttal, called
Police Court Officer John Klebba. He
was asked IL he saw Kid Wellman
In the prisoners box at the time OF
the shooting. lie replied that he did
and that Wellman remained in the
court room while all the shots we're
fired.