The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-03-29
EFENsE SCORES IN
QUIZZING DR.. BABC0CK


ige OF a man TO give an opinion al
whether he was epileptic. tie &C
howledged that Or. Klingman, who
ade a personal examination OF DIR
oyajian, was In better position tC
dye OF the defendants mental condi
on than he. He considered DR.
lingman an expert on mental dis
ases.
Mr.. Hunt drew the attention OF the
itness to the fact that conviction OF
he defendant would mean life i'm
risonment TO him.
Prosecutor Van Zile interposed an
bjection, whereupon Judge Connol
ruled out the reference TO the pos
BILE result OF the trial.
Mr.. Hunt then asked the witness II
le actions OF DR.. Boyajian. observed
DR.. Klingman while examining the
bfendant In the Jail, were those OF
bilepsy.
DIR. Babbock answered that the &C
pns only suggested epilepsy, in spite
the fact that Dr. Klingman and 9th
alienists had testified that the doc
PRS attack was epileptic.
rs hysteria a mental disease ask
! Mr.. Hunt.
NO" was the reply.
You heard DR.. Ives say on Tues
hy. that hysteria was a mental dis
hse?"
Yes. sir, but | don't agree with
r. Ives" replied the witness.
"Oh, you don't agree with DR.. Ives,
no said he considered himself an
kpert an mental diseases" retorted
n. Hunt, with a chuckle, which was
haired by the audience, who remem-
cred how DR.. Ives had given him
elf credit for being an alienist OF
bme standing.
rs person who is dreaming con-
tious," asked Mr.. Hunt.
PARTIAL conscious" was the re-
ly.
rs a somnambulist one who acts
reams?" Mr.. Hunt further asked.
Eyes" the witness answered.
Mr.. Hunt next asked the witness II
E. remembered the case of Simon Fra
er, who was tried In Edinburgh. In
BIS, for the murder of his child,
HON he killed by dashing II against
wall, and who was acquitted. on his
lea that he was guilty In his sleep,
hut not In his senses"
DIR. Babcock said hedidnt recall
he case.
DIR. Babcock, answering a question,
bid there was what was known as
marked epilepsy" and that it was
fficult to detect IL. He said epilepsy
Eas not necessarily a mental dis
ase, although Mr. Hunt reminded
i'm that other alienists said 1t was
[e regarded 1t as a physical disease.
To show that epileptics do things
nconsciously while in seizure, Mr..
hunt related the case of a woman
rho had amputated her baby's arm
nth knife. She knew nothing OF
er act until she came out OF the tit,
dr. Hunt said.
DIR. Babcock had not heard OF this
ase, either.
Prosecutor Van Zile contended that
he case Of the woman was foreign TO
he case on trial and asked that the
difference to IL be stricken out.
The court upheld the prosecutor.
Questioned In redirect examination
5y Prosecutor Van Zile, DR.. Babcock
Explained that fit is caused by an
Exploding of the cells in the motor
(rea and that epilepsy didn't ensue un-
less the entire brain were affected. He
jfdnt think that patient afflicted
NTH fits since childhood was an cpl
|eptic. He didn't believe. as DR.. King
han did. that DR.. Boyajian was in q
beizure while In the police court. He
thought DIR. Boyajian was sane and
Vas carrying out generalization
when he shot Gostanian.
Judge Connolly asked the witness
II epilepsy meant insanity, and the an.
bwer was mo"
The prosecutor asked Dr. Babcock
II II wasn't so that Napoleon, Julius
Caesar. Carlyle and other noted men
were epileptics.
II believe So" answered the wit
hess.
Mr.. Bumps, for the defense, object
ed to the question and answer, con-
tending that the men mentioned were
bot on trial.
(. The court ordered the question
stricken out.
Asked whether an epileptic would
barry out premeditated act, the wit
ness answered negatively. He also
said an epileptic in seizure would be
likely to shoot at random If armed
with a revolver. He knew OF no con-
tumity of thought in the acts of an
epileptic during seizure.
Re-cross examined by Mr.. Hunt, DR..
Babcock said that person who feared
another might, as he returned to con-
seriousness from an epileptic seizure,
shoot the person he feared, In accord
ance with the law of suggestibility.
Attorney James Neil was the next
rebuttal witness for the prosecution
Asked by Assistant Prosecutor Jas
nowski II he saw kid" Wellman in
the witness box in the police court at
the time OF the shooting, he said he
did.
What did he do?" Mr.. Neil was
asked.
"He yelled. Take me out! Take me
OUT" was the reply.
The witness said he next saw Well.
man In the hall of the court building,
but he didn't remember just how long
that was after the shooting
: Sander Fargo, Hungarian police
court interpreter, also called by the
prosecution in rebuttal, said he saw
Wellman jumping out Of the prison
ers box. Cross-examined by Mr..
Bumps, Fargo Admitted that he didn't
know ii was Wellman who left the
prisoners box until he met him in the
hall little later He also admitted
that he got out of the room as fast as