The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-03-22
B0YAJIAN GIVEN GOOD
REPUTATION BY MANY
,continsed from page ~


the visitors TO the effect that DIR
Walker was going TO operate on Cos
tanian in the hope OF saving his life
Cross-examined by Mr.. Bumps, the
/ lieutenant said he was sure the de
PENDANT made the statement attributed
TO him in regard To Gostanian, but he
was unable to remember anything
else that was said.
Attorney William Heston, former
football star ON the University or
Michigan team, was next called 70
| the stand.
Assistant Prosecutor Jasnowski ex
| planned that part OF the testimony the
prosecution expected 10 get from the
witness was brought out in the earll
er part OF the trial: that the prose
cution had not learned OF Mr.. Hes
tons knowledge In the case until Sat
urday
Mr.. Hunt objected To Mr.. Heston I
giving testimony, arguing that the
prosecution should have brought IN
| his testimony earlier In the trial.
| The court allowed the witness "a
testify. but advised that he stick "a
matter that would not be prejudicial
TO the rights of the defendant.
Mr.. Heston said he saw the defend
ant in the county jail Immediately AT
ter the tragedy.
At this point Mr. Hunt, for the de-
Tense. objected to any further tssti-
mony being given by the witness, Civ
Ing the same reasons as before The
court ordered that the jury retire
while the question was threshed out
What do you expect to show by
this Witness" asked the court of Mr.
Jasnowski
I'VE want the witness to testify
In regard to the defendants conduct
In the jail after the tragedy" Mr.. Jas
nowski replied. Col Sellers and
others have testified that the defend
ant talked incoherently in the jail
and we want to show Mr., Hestons
observations.
The defense pointed out that Mr.
Heston's name was not on the infor-
nation and argued that the witness
should not be heard; that the defend
ant should not be surprised and his
interests jeopardized.
heston's Testimony Excluded.
The court excluded the testimony
of Mr.. Heston
Assistant Prosecutor Fitzpatrick
was the next witness for the prose
cution.
Mr.. Hunt again interposed an OBJ
lection, saying Mr.. Kilpatrick's name
was not Endorsed on the information,
and he was. therefore, not entitled TO
give testimony.
The court allowed the witness TO
testify, ruling that the case OF Mr..
Fitzpatrick differed from that of Mr..
Heston, inasmuch as Fitzpatrick was
to testify TO rebuttal matter, whereas,
Heston was wanted TO give testimony
which should have been presented
before.
Mr. Fitzpatrick said he heard the
shots fired by DR.. Boyajian In the
police court. He was then In the pri-
vate ONCE OF Justice Jeffrtes at the
time.
Mr. Hunt again objected TO the tes-
timony. The court overruled the OBJ
lection.
Mr. Fitzpatrick said Mrs. Boyajian
asked. a few minutes after the
shooting: Is Harry dead? Is Harry
dead?"
The defense didn't cross-examine
Mr.. Fitzpatrick
AIdrich Aids Prosecution.
Frank Aldrich, the next witness,
was asked If Mrs. Boyajian had shown
him the bullet hole In her hat and IL
she said that the doctor intended to
kill her. too.
Mr.. Hunt objected to the answer,
but was overruled
Mr.. ,Aldrich answered in the affirm
alive.
Mr.. Aldrich also said that Mrs.
Boyajian had stated that she would
come to the rescue OF her husband
and testify for him II the charge
against her were dismissed. He also
said that Dr. Boyajian didn't stagger
and turn his eyes toward the wall. in
coming into the police court on the
morning OF the tragedy, as testified
by witnesses for the defense.
Mr.. Hunt objected to Mr.. Aldrich
answering a question as to whether
there were scratches on Gostanian S
face when he appeared In court. Mr..
Hunt declared there was no testi.
mony on the point whereupon the
court ruled out the question, explain.
ing there was no ground for the
answer, inasmuch as there was notn.
Ing TO rebuilt.
Cross-examined. Mr. Aldrich said
he observed the doctor closely when
he entered the court because he was
much interested in the case. He was
positive that DR.. Boyajian didn't stag
ger In the court room because he was
In position to see the doctors move.
ments In the court room from the
moment he entered. He said ne was
looking directly at the doctor as he
walked down the aisle OF the court
Court was adjourned at noon until 2
y. m.
Canadian Scars over Havana.