The Detroit times., 1911-04-01
BOYAJ IAN's Ell
NOW RESTS Mn
THE JURY
Case Submitted Saturday Aftern
After Summing Up by Prosscul
and Clear-Cut Charge From
Judge Connolly.
Attorney Hunt Sheds Tears in In
Plea for Defendant -Pokes I'm
at Alienist Ives.

The fate OF DR.. G. K Boyailn1
charged with the murder a.
nephew, Hartoon Gostanian, - - n
hands OF the jury, which re<frod
consider its verdict, early Safur<
afternoon, after listening to Z pov1
ful summing up for the prosecuffc
by Prosecutor Van Zile and = Chars
from Judge Connolly. which wna
model of clearness and concisenean
Ihe courts charge follows In pert
These days which you and I. 60
tiemen OF the jury, have spent @
nearing and judgment Of this c.
nave been passed In an honest 81
deavor, | trust, to vindicate the ro1&
or law. BY that I mean the writf0
law or the state of Michigan; We hnv<
and know no other law here but u
law OF the state: we can be guid&
here by no other law but the law
the state. Our duty upon our oatl
is to hold that law sacred and 10 sov1
1t inviolable; to enforce respect for
and obedience to II. For, without ~
reign OF law-the law which the oo1&
ereign people, through their roprooGu
tatives have written in the statuteS
the very foundations of society wo<l(
crumble into ruin. Respect and obo
ience for the law Of the land are thn'
only guarantees that we have for Tie
protection and security Of life, libertx
and property.
The killing of a~human being D.
another Is called a homicide. II 4
undisputed I'm this case that on Aurz1|
80, 1909, the defendant shot Harfoon|
Gostanian in the police court OF III
city, and that, on the same day Co
tanian died a. the result Of the yocl
or wounds SO inflicted By 11
fendant; Hence. gentlemen, the d
fendants act was homicide--he killo<
a human being. v.
"Homicides are divided into three
classes: Justifiable; excusable: feIon-
ious. To which of these classes doeo
the. defendants homicide belong? Up-
on your answer to this question de-
pends your verdict.
WAS this homicide justifiabIe? &
charge you, gentlemen, that defen-
dant's killing of Gostanian was not =.
justifiable homicide. This say to you
as emphatically as words permit. n.
justifiable homicide Is one which, In.
contemplation of law, Is committed
according to q strict legal right I'M
der the testimony here produced, the
defendant had no right to kill Cos
Enthusiastically no right whatever
No man may take another's life TO
avenge his private wrong. This Is the
law OF the state Of Michigan. You
must heed and follow that law with
out reservation. Any other rule would
M m In.
would permit any and every man who
considers himself injured by another.
to be his own Judge, jury and execu-
toner. Under such rule any man
could determine from the facts and
without hearing the guilt OF his
enemy: he could pass sentence upon
him: he could execute him-a gro
tesque situation which makes a lie Of
the law of the land, and or justice. q
cheat. peril and a misnomer. Hence.
charge you as the law, that this
homicide was not justifiable under the
facts in testimony.
WAS this homicide excusable? This
homicide is excusable only upon the
ground that the defendant was insane
at the time OF committing the homi-
oidal act. BY Sound mind Is not
meant a mind which Is the equal OF
any mind possessed by any mortal In
the world. We all know that there il
difference in the minds of our ac-
quaintances. Some men are very
bright: others are very dull. but they
are held accountable. Perhaps Il
would be enough to say and to leave
II right here. that II, by reason OF dis
case, the defendant was not capable
OF knowing he was doing wrong I'm
the particular act, or IL he had not
the power TO resist the impulse to do
the act by reason OF disease or insan.
ity, that would be an unsound mind.
But IL must be an unsoundness which
affected the act In question. and not
one which did not affect II.
"You have heard evidence In the
case; you know what the circum-