The Detroit times., 1911-03-25
.BOYAJ|AN SANE At
Time OF TRAGEDY
-DR. c. w. HITCHCOCK.
Alienist Makes Same Reply To Hypo-
thetical Questions of Prosecution
and Defense.

III. VI. N. bOydJidu, ChhiBcu wiz
numbering his nephew, Hartoon Cos
tanian, was begun. The delay was
occasioned by the defense and prose
cution having spent a couple OF hours
In trying TO agree on what the hypo
thetical question which the prosecutor
wished to ask Dr. c. w. Hitchcoch
should contain. They failed to come
to an agreement, but decided 10 &c
ahead
Prosecutor Van Zile read the hypo
thetical question TO DR.. Hitchcock
the question pointed out the doctors
lecture work and stated that on sew
eral occasions he had weak heart
and frequently had TO postpone mis-
engagement because of his heart
trouble. The doctors generosity to-
ward Gostanian was reviewed, show
ing how the defendant had helped him
in his medical studies and entertained
him in his home. Then the question
went on to explain about the relations
between Gostanian and Mrs. Boya-
| Jan during the absence OF her husband
i
that IL she told anyone of their rela-
tions, as she threatened to do. that
he would kill her and her husband,
too.
The finding OF medicine by her hus-
band, said to have been furnished by
/ Gostanian for her and Of her subse-
quent confession to her husband, was
next referred to, and the recital also
went into details of the assaults.
| The statement also told of DR..
Boyajian calling on Frank Aldrich, a
neighbor, and asking him IL he
thought a jury would excuse him IL
he killed Gostanian, whereupon AID
rich answered him negatively. The
subsequent movements of the doctor
were then related, including his charge
against his wife and Gostanian and
his purchasing a revolver a few hours
| prior TO the tragedy. The doctors
presence and actions in court were
recounted, the details OF the shooting
being graphically poined out. The
excitement of the doctor In court and
in the county jail Immediately after
| the shooting was also referred to.
Mr.. Hunt drew the attention of the
court to he fact that the prosecutor
failed TO incorporate In his question
the testimony In regard to the doctors
falling from a chair and Of his being
somewhat hysterical in the county
jail right after the shooting.
Judge Connolly said he didn't think
that the prosecutor was obliged TO put
In all the details of the testimony, in
asmuch as the jury would pass on
the expert opinion of the witness.
The court also pointed out that the
defense, In its hypothetical question,
didn't use all the testimony
Mr.. Bumps replied that, in fairness
to the defendant, his condition lmme-
dia;ely after the shooting ought 20 be
told to the witness, IL he were ex-
pected to give an expert medical opin-
ion In regard to the defendants men.
tai condition.
Judge Connolly said he disagreed
with the defense.
The statement then went on 10 tell
OF the doctors family history. declar
ing that there was no tain. of mental
trouble in his life.
.dr. Hunt objected to the statement,
pointing out that Dr. Boyajian was
subject to fits; also that an aunt, who
ran to the home of his fathers house
In the dead OF night, fearing she was
pursued by Turkish soldiers, end that
she died, two weeks later, IN a state
OF mental collapse.
The prosecutor contended that there
was no testimony from persons COM
petent to judge OF her mental condi-
tion at the time OF her death.
The court decided that the prose
cutor should mention that the aunt
died as result OF the illness from
which she was suffering at the time
OF her visiting the Boyajian home
In view Of the circumstances point
ed out, the prosecutor then asked the
witness what opinion he held in re-
gard to DR.. Boyajian's mental condi-
ton at the time of the shooting.
Before the witness had a chance to
answer, Mr.. Hunt asked that no reply
be made until some changes in the
question were made. Mr.. Hunt want
ed the defendants mental condition
Immediately following the shooting in
corporated in the question.
The court held that no amendments
we're necessary, but granted the de-
tense an exception.
DR.. Hitchcock was then again asked
for his opinion.
Mr.. Hunt here made another objec-
ton, saying the whole hypothetical
question was incompetent and irrele-
want. He was again overruled. where
upon the witness replied:
Il think the defendant was sane"
The prosecutor then proceeded to
read to Dr. Hitchcock the hypotheti-
cal question propounded by the de-
Tense.
In response to this question and in
view of his own observations, DR..
Hitchcock answered that he believed
the defendant was rational at the
time of the shooting. The witness
said further that he believed that the
defendant had control of himself at
the time OF the shooting, and also re-