Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1891-07-30
DueAN,s oAsE ooNrrNuEn.

An Effort to Throw Ont the Charges a
Failure ~ Grand Juror French
Doubts the Finding OF Coroner MIX
Strong Testimony Against the De-
PENDANT.
The charges Of granddaughter and assault
with intent to commit rape preferred
against Frank Dugan were brought to
hearing before Justice Pardee at West Ha-
ven yesterday. Dugan is the man who, it
was alleged, on the Goth of last month
jumped into carriage with Mrs. de Va
lence and tried to drive away with her
against her will. The woman 1eaped out,
inficting such severe injuries upon herself
and she later died of lockjaw in the hos
pital.
1t had been confidently expected that
the case would be thrown out by Justice
Pardee, since Coroner Mix in his investi-
cation had exonerated Dugan of all crimi-
| nal responsibility Contrary to this opin-
| ion Grand Juror R. w. French put a new
face on affairs by deciding to press the
case. He appeared at the opening of court
yesterday afternoon with a formidable list
of witnesses and statement made by the
late Mrs. de Valence discriminating the
1
prisoner.
Attorney Blydenburgh of New Haven,
| who with Senator T. J. Fox represented
| the interests of the defendant, rose after
Justice Pardee had begun the hearing and
| moved that the charges against his client
be thrown out of court on authority of the
coroner's finding. The opinion of Coro-
| ner Mix was that of scientific expert, and
it was also the opinion of higher judic-
| iary than the one now sitting. Such an
| opinion should be decisive in a matter re-
| curing competent medical advice. The
| throwing out of the case was vigorously
! opposed by Mr.. French, who asserted that
he had gathered a large amount of evil
dence tending to show Dugan's guilt. 1t
was manifestly unfair to dis
continue the case without listening
to the testimony that might be brought
| forward. Justice Pardee denied Mr.. Bly,
denburgh's motion. AS neither OF the
counsel for the defense had prepared the
case for their client, postponement of one
week was granted. A further hearing will
| therefore be given Wednesday, August 5,
| and it is more than likely that, Judging
| at least from the indications yesterday,
Dugan will be held under bonds to await
the session of the superior court next o.
tober.
Mr.. French in talking about the case yes
| terday said: "There are two charges at
present against Dugan, the first of assault
with intent to commit rape, preferred by
Mrs. de Valence Immediately after the
accident; the second charge, that of man
slaughter, made by interested parties afte,
her death. This latter charge will alone
be pressed. The action of Coroner Mix in
the matter has struck me as very strange
Some time ago he advised me
to prosecute Dugan to the full
extent of the law. Later he made ar
investigation and withdrew all charges.
have collected strong evidence against the
defendant, particularly the expert testi
mony of DR.. Wilson, who attended the in
jured woman. My action was severely
criticized by the lawyers of the defense, az
the first known instance of a grand jnro1
pressing charge after the coroner hac
exonerated the prisoner. am anxious tt
see how the law stands with respect to s
malicious assault like the one Dugan com
mitted, and have reason to think thai
Justice Pardee will remand the man to the
supreme court" Mr.. French stated thai
the present was the first case he has eve1
engaged in. He was nominated by thu
selectmen of West Haven July 1, 1891.