The Detroit times., 1911-03-11
bOYAJ|AM WEEPs
DUR|hG TRIAL
Sobs Aloud in Court Room, the Re-
suit of Mental Strain, His
Attorneys Say.

DR.. q. X. Boyajian, who shot and
killed his nephew. Hartoon Gostanian.
In the police court. April 80. 1909. It
transpirsd that q Misunderstanding In
regard to part OF the testimony given
by Frank Aldrich. OF the department
OF public works, caused some OF the
Jurors In the first trial. Vhsn the
jury disagreed. TO vote for the acQuit-
tai Of the doctor. Mr.. Aldrich. while
on the stand, Friday morning. started
to tell OF q conversation he had with
one OF the jurors In the first trial
about the incident. but was prevented
by Attorney +, II. Bumps. for the de-
Tense, before the present jury got
any idea what the conversation was.
Later. Prosecutor Van Zile tried to
bring ont the conversation. but the
defense objected, and the objection
was sustained.
The prosecutor" said Attorney q.
+. Hunt, for the defense. wants to
Introduce testimony which will pretu-
dice this jury"
IT presume that all the testimony
offered by the prosecution 10 prejudi-
cial" rstorted Mr. Van Zile. But
want to say. your honor, that don't
know the nature Of the conversation
Mr.. Aldrich refers to. I don't know
whether II Ii admissible or not; that's
what I'm trying to find out"
Il would suggest that you have
talk with the witness and find out
whether you think II ought to be ad-
mitted." said Judge Connolly.
A recess for ave minutes was taken
and when court was resumed Mr.. Van
Zile announced that the conversation
could not be admitted.
After the adjournment Of court, II
was leaned that the conversation
was carried on between Aldrich and
member of the first jury. two weeks
after the trial. Mr.. Aldrfch said that
the Juror stopped In front, Of his
house while out driving. came up on
his yeranda. where he was sitting.
and related to him that II was AID
lrich's testimony which caused the dis
IsSpsement OF the jury. The juror said
that the jurors who voted for acQuit-
rsal understood Mr.. Aldrich to say
that the doctor was insane when he
;pespetratsd the tragedy. Mr.. Aldrich
told the Juror that the Jurors misun-
dSsptood him: that what he said was
that -the act of the doctor was that
Of an insane man."
Mr. Aldrich was on the stand dur
ing the greater part Of the Friday
morning session, and his testimony
was not relished by the defense. In
fAct. the witness got in wrong"
with the defense. Thursday after
noon, when he remembered and testi-
ned for the first time. that DR.. Boya.
Jan kept his right hand In the pocket
where he had his revolver all the time
he was In the court room, on the day
Of the tragedy. This testimony, the
prosecution feels, shows that the doc.
tor planned to do the shooting.
Asked by Mr.. Bumps why he didn't
relate the 'Fhand.in-pocket" feature in
the nrst trial. Mr.. Aldrich said II
slipped his memory. Mr.. Bumps
asked the witness why he didn't come
to him and tell him Of the incident.
inasmuch az he professed to be q
friend of DR.. Boyajian.
The prosecution objected to the
question, and II was stricken out.
In his second trial testimony, Mr..
Aldrich repeated that he thought the
but that he couldn't say whether the
doctor was sane or insane. He then
related that the doctor was angry
with him because he had said In a
newspaper interview, the day OF the
tragedy, that he didn't think Mrs.
Boyajian was guilty OF the charge
made by the doctor. Mr.. Aldrich also
said that the doctor was displeased
because the witness had secured bail
for -. Coyajian. The witness fur.
Their stated that the doctor was bit
ter against his wife the day following
the shooting. The latter statement
was stricken out, on complaint Of the
defense.
Cross-examined by Mr.. Bumps, Aid
rich said the doctor was pale and
nervous while In court. just previous
to the shooting He reiterated that
he believed the shooting an insane
act, but said he didn't think the doc
tor was insane.
Judge Connolly allowed Mr.. Aldrich
to give his impressions OF the doc
tors mental condition at the time Of
the shooting, because Of his knowing
the defendant and being able TO Judge
him in regard to his mentality before
and at the time of the crime. He
objected to allowing Miss Heppner TO
testify. Thursday, in relation to her
impressions of the doctors mental
state when he purchased the revolver
from her, because she had not known
him before that time. The court has
not yet decided whether Miss Hepp-
ner should be permitted to tell her
impressions, but expects to make O
decision on Saturday.
Rep. William Martz. former deputy
sheriff, told OF being in the court
room when the shooting occurred, and
of grabbing the doctors right arm
after he fired the FIRST shot.
For the nrst time, during the sec
ond trial, DR.. Boyajian broke into
tears, Friday morning. He sobbed
aloud Immediately after the CLOSE OF
the fiveminute recess allowed by the
court In regard to the Aldrich testi-
mony. His weeping lasted for about
FIVE minutes. His attorneys said the
mental strain on him caused the out
burst
From the witnesses who saw the
shooting, the prosecutor In making
an effort to find out In what direction
the doctor was pointing the revolver
at the time he fred the FIRST shot, IL
being his purpose, he explained TO the
court, to try to show that the de-
PENDANT was aiming at his wife while