The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-03-09
HUNT and JUDGE
CONNOLLY CLASH
Attorney Anxious To Set His Honor
Right on Ruling in the
Boyajian Trial.

II don't like to take issue with the
court, but your honor has made 80
clear a reversible error that want
to set your honor right" said Ormond
F. Hunt, one of the attorneys defend.
ing DR.. G. X. Boyajian, now on trial
for the second time for the killing OF
his nephew, Hartoon Gostanian. to
Judge Connolly In the course Of Thurs
day mornings session.
That's all right, Mr.. Hunt; I'll
take chance on being right" said
the court sharply.
The tilt between the court and at
torney came about when Miss Martha
Heppner, No. 1886 Butternut-st., clerk
In the store of Henry c. Weber, hard
ware merchant, was giving her testi-
mony. She told Of DR.. Boyajian's visit
to the store on the morning Of the
tragedy to purchase revolver; of
her selling him the weapon and car
tridges and showing him how to
break" the revolver and otherwise
manipulate II. She also said that the
doctor came back about 10 minutes
after making the purchase and was
angry because he was unable to prop
erly adjust the cartridges, saying they
didn't At.
THE doctor was perspiring and
Heppner "He said something about
someone being crazy, but I couldn't
make out whether he meant me or
himself"
Attorney F. F. Bumps. also repre-
senting the doctor, drew Miss Hepp-
ner's attention to the fact that she
testified In the former trial that DR..
Boyajian appeared to her, on coming
back to the store, like a "raving man
lac"
Now. Miss Heppner," said Mr..
Bumps, did you get the impression
that DR.. Boyajian was . raving man
iac?" -,;-s-----.-.
prosecutor Van zils object to the
question being answered, saying the
Impressions of q witness couldn't be
received as testimony
Judge Connolly ruled that the Ques-
ton be stricken out.
The ruling was the cause Of the
The latter explained that 1t was i'm
perative. to the interests OF the de-
Tense that such testimony be admit
ted. He also contended that 1t was
legally admissible, and that he. would
quote authorities to prove his conten-
ton IL allowed to do SO.
The court granted the permission,
and Mr.. Hunt then read from q num-
ber of supreme court decisions bear
ing on the point, all Of which were to
the effect that non-expert witnesses
might testify as to the impressions
produced on them In regard to the
rational or irrational condition OF
defendant.
Judge Connolly said, after listening
to the reading of the authorities, that
he would take the point under advise
ment. Then he adjourned court until
the afternoon.
Other witnesses during the morning
were Alfred Schultz, connected with
the telegraph branch of the city fire
department. and ]. Klein, who was
on the stand when court adjourned
Wednesday afternoon. Both Klein
md Schultz testified in regard to see
Ing DIR. Boyajian fire the frst shot in
police court, where the killing of Cos
tanian occurred Schultz said the
doctor pointed the revolver toward
Mrs Boyajian, his wife, who was near
Gostanian. awaiting trial with him, on
q complaint preferred by her husband,
as he pulled the trigger the first time.
Attorney Hunt questioned Schultz
closely about his observations as to
the shooting, whereupon Prosecutor
Van Zile said jestingly on redirect
cross-examination: Nov, Mr.. Schul-
te, did you notice that DR.. Boyajian
was manipulating compass while
aiming at his wife?"
Schultz, not knowing that the pros
ecutor was joking, replied In the neg
ative.
At the close OF the morning session
Boyajian was approached by his
brother and sister, who appeared In
court for the first time for the second
trial. The doctor warmly embraced
his sister and kissed her affectionate-
ly. He also seemed pleased to see
the brother.
The trial will likely continue for
more than a week. The prosecution
doesn't expect to get through before
Monday, and the defense has upwards
OF 40 witnesses. Alienists will be
used on both sides In regard to the
condition OF the defendants mind a.
tho time of the tragedy. the defense,
apparently. planning to set up tenn
porary insanity on the part OF th'
doctor as plea
witnesses who testified, wednes-
day afternoon. were Police Court
Clerk Henry Mertsch, Frank c. Nor
iarity, lawyer, and william Rocks.
former deputy sheriff. All three told