The Detroit times., 1911-03-10
Juror In Former
Trial Discusses Case

To the Editor OF The Times:
Now that the curtain Is up again on
the Boyajian drama and the horrid
details are TO be spread again before
the public. as one OF the twelve who
sat In Judgment on the last trial. IL II
would not be presumptuous on my
part would like TO offer the follow :
ing remarks:
Webster defines crime as IA Viola
ton OF law. an act punishable by law;
offence. sim"
Twelve men on their caths told the
prosecutors. in answer to his pointed
A right tn take another's life TO avenge
a personal wrong?' that they did not.
In the face OF this positive declara-
bring In any other verdict than. Not
guilty" Notwithstanding II was not
denied by the defense that the doctor
lid take another's life under that very
circumstance. which In this state and
every state Is considered crime. AS
to whether he was justified was not a
proposition for the Jurors TO consider
In this particular case. as j take IL.
especially after their replying to the
prosecutors query In the negative As
given above.
tenn as at present conducted the big
gest kind OF a farce. when two or three
men can suspend justice for the time
being in any case?
who remarked In the jury room that he
did not care what the evidence was he
would not convict the doctor under the
seonit him because the doctor be-
longed TO the same lodge az the Juror,
and two others from sentiment and
sympathy. wanted to acquit. 1 am
frank TO say had the matter been left
to my own feelings In the case 1 should
have voted with them. II iurymen are
TO be swayed by sentiment, and their
system is abolished the better. for all
concerned, with the possible exception
OF the prisoner at the bar.
The following was the verdict I was
I'm favor of rendering: seven other
jurymen were with me:
We. the Jury, after calm and
careful deliberstion, eliminating all
y governed entirely by the facts as
they appear and seeking In vain
for reasonable doubt" find the
defendant guilty as charged In the
TO supplement our verdict, with the
followlng remarks and recommen-
1T is the sentiment OF this Jury
that the. crime committed by the
victim of the defendants wrath Is
OF greater magnitude than the
crime for which we are compelled
TO find the defendant guilty. IL Is
high time that ,ur lawmakers
awaken TO the fact that the pun
ishment now provided for destroy
ers OF other mems homes Is In
adequate. In this case the defend
ant, being apprised that the maxi
mum penalty for the wrecker of
his home was but ~ years inn
prisonment became desperate and
unwisely took the law In his own
hands. We believe had the penalty
been % years this defendant would
not now be before this bar of JUS
tice.
Our homes are the foundation of
our country and that these foun-
datlons can he ruthlessly destroyed
by human vipers OF the Gostanian
type and that the punishment pro-
vided for such crimes be less txan
for horse stealing, L. deplorable
and has driven stronger minds than
that OF this defendant 10 despera-
ton:
We recommend. that after this
honorable court has performed its
duty--as We have--that the case
he laid before the governor OF this
state, and that ne exercise his ex-
.ecutive -clemency and take such
action as we believe the circum-
stances warrant.
II has always been a question in nv
mind. had the twelve men agreed upon
this verdict VI DIR. Boyajian would not
have been freed long ago from the
penalty the Judge would have been
compelled 10 impose upon him. The
Judge and Jury would have been true
TO their oaths and the matter left in
the hands OF the governor and pardon
board to use their judgment as 70
whether under the circumstances the
law had been vtndicated.
The Egyptian boil that the doctors
ana fhst was used BY the sefense of TO
account for the doctors rash act was