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THE COGAN OUTRAGE.

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THE COGAN OUTRAGE. Committal of the Prisoner. At the Penarth police-court, on Monday— before Mr J. S. Corbett (in the chair), Mr Valen- tine Trayes, and Mr T. Morel—John Davis, driller at the Penarth Slipway, of 37, Dock street, Cogan, was charged on remand with criminally assaulting and outraging Margaret Elizabeth Donnelly, aged 16, on the 3rd January, at Cogan.—Mr Heitzman, Cardiff, appeared for the prosecution; and Mr Belcher for the defence.—On the applica- tion of Mr Belcher all the witnesses on both sides were ordered out of court.—The prisoner during the hearing of the case remained standing with his hands clasped in front of him and his elbows resting on the front of the dock. The prosecutnx, a bright, intelligent girl, was then called and sworn. Her depositions, taken before Mr J. S. Corbett shortly after the outrage was committed, were read over by Mr Morris, the magistrates' clerk, and confirmed by the girl. She added to her former statement,- I called in at a paper shop on the way up to get a paper." In answer to Mr Heitzman, she said she could not say which house it was she ran into, but it was one that had the tiles on. The hat, dolman, shoes, and other articles of apparel preduced by the police and smeared with mud were worn by her on the night she was assaulted. Cross-examined by Mr Belcher: I remember giving my evidence in my bedroom. I did not then know that the clock in Mrs Rowlands' bouse was fast until she herself told me. I had been .bout seven weeks with Mrs Rowlands, and during that time knew that the clock was always a. little fast. It used to be put fast for me to go out on Sunday morning". Mrs Rowlands used to put it on a little, but I do not know whether she had touched it that day. I made a mistake when I said that I had a drink at the fountain opposite the police-station, as it was frozen. Prisoner did not say anything to me when he struck me. I did not notice anything strange about him, or that he was not sober. He said nothing to me when he struck me. I had the basket on my arm when he struck me and a parcel. I have no idea whether I had the parcel and basket when I ran towards the empty house. John Davies ran after me. I cannot say whether I screamed or not. I cannot say which house I ran into, or what patt of the house it was, but I thought it was the coal-house. fAt this point in the proceedings the prosecutrix (who had showed signs of weakness) was seized with faintness, and could not continue her evi- dence. She was removed from the witness-box in a helpless state by the police, under the direction P.O. Herbert Evans was then called. He con- firmed his deposition gi \Ten before the magistrates when the prisoner was first charged. He added At ten o'clock on the night of January 3rd I saw Richard Barnett with a light by the railway bridge on the Penarth-road. He was searching for something on the road. When I got up to him, in consequence of what he told me, I began to look, and found the shoe produced about 50 yards this side of the bridge on the road. I then went to the girl's parents' residence, at 33, Hewell-street, Cogan/ Barnett picked up a presentation almanac with a piece of blood- stained paper round it, and a packet of lard. I saw the girl in her parents' house ly- ing on a sofa in the middle room downstairs. She was unconscious, and I told them to send for the doctor. Dr Clapp arrived shortly after. I received from a Woman, who was in the room, the girl's drawers, which were covered with dirt and stained. After I had arrested the prisoner, and was removing him (the same Monday morning) to the police- station, he said to me on the way, "lean easily Prove where I was on Saturday night. I bought some meat in the American meat shop for one thing." On Saturday last the girl Donnelly showed me the house she said she went into We went to the back of the new houses in New Plassey-street. She pointed out to me the •ast house in course of erection with the tiles on. I asked her te point out the exact one, and she said, "It was one of these two." The distance from the seat on the roadside to the house is about 85 yards. There is only a rise of six inches 111 the bank of the field at that part. # From the seat to the lamp-post lower down is 17 feet 6 inches. By the Bench I was in the house of the pro- secutrix at 10.30 on the night of the 3rd January. The seat is about lOOyards from the urinal. Cross-examined The place pointed out to me as being that where the girl was found was on a *ery steep bank near the railway bridge. The distance between the empty house and the place In question is about 300 yards. The whole of that distance is along a public road. I had been at the railway bridge indicated at about 20 minutes '0 10 on the night of the 3rd. I came up the hill the brickyard gate and then turned back. I did not come to the Penarth side of the bridge. met several persons. The 'buses were running a.t intervals. I heard nothing from the direction of Penarth to excite my suspicion. I do not Remember seeing prisoner on the road that night. ■The bank where the girl was found bore no traces a scuffle or struggle. I could only see there footprints. It was a cold night, and •feezing a little, but there was mud on the girl's shoes. There was mud her outer clothing. I saw her taken off when she was UncenseioUB in the house, and there was dirt on the back of ifl. It was covered with red marl. Thursday, January 6th, I examined the houses in Plassey-street stated to have been entered by the girl, and found that there ^ere no floors in the rooms. The dirt in the wnnoored rooms was red marl. There were at *|at date no back doors to the houses. There is the rear of each house an unfinished outhouse. e slates were on, but the floor was untouched. The p"°und there is red marl. The outhouse is about 4 square. There were no steps to the back ?°°r then, and the bottom of it was about two above the ground, I have known the pri- soner for some time, and never heard anything gainst him. I know that he has a family of eIght children, seven of whom are daughters. The prosecutrix was here re-called to complete cross-examination. She remained seated in box. In answer to Mr Bebher she said I ynt to a paper shop before going to Mrs Hay- s's, and bought a copy of the Budget *■ thought I ran into the coalhouse of the house, two or three minutes after I got there the Prisoner followed me. I do not remember him eoming into the coalhouse. I last .remember seeing him a good many steps from the back door. I do not rememher anybody touching me or carrying me home. Mrs Rowlands stated that she was a married ?oman, living at 43, Pill-street, Cogan. The girl ■Connelly was in her service, and on the evening of the 3rd January she sent her to Penarth. Mra Susan Hayter said she lived at 13, Arcot- street, where her husband kept a grocer's shop. one served the prosecutrix with groceries on the hight of the 3rd inst. .William Rowles, boilermaker, said on the light of the 3rd he was going along New Plassey- street with James Richards to Cogan. Near fcheurinal he said "good night" to Richards, and he met a man named Mark Hill. This was He heard a cry from the direction of to new houses in Plassey-street. He did not go "° ascertain the cause of it. Richard Barnett, brickmaker, Cogan, said on e night of the 3rd he was going down the Penartb-roa.d to Cogan at about 10 o'clock, when he saw a parcel on the footpath near the railway bridge. He picked it HP and then heard a groan from the direction of 'he wood on the left. He went up and found the prl on the path leading to the wood, She was tying three yards from the gate leading to the wood, partly cn the bank and partly on the Path. She was unconscious, and when asked her and address merely moaned. "Man, man." e carried her down into the road, where some People collected, and a little girl recognised prosecutrix. There was blood on her face and was covered with dirt. Her clothing was not *hen disarranged. She was helped home by \\1itnel!s and his nephew, and she occasionally ^ruggled to get free from him, and occasionally to him. She remained unconscious while «e was with her, and when he saw her last in the house she was in the same state. Cross-examined: After taking the girl home he teturned to the path with a lantern and made an examination ef the spot. There were no signs of struggle or of the girl having been dragged there. Mary Barnett, wife of Richard Barnett, said: I at Clive-crescent, Cogan. On the evening of 3rd January last I went with my husbtod pom Ccgan to Penarth, and returned with *?lra about ten o'clock. When going the road I heard a scream near the road. My husband's brother-in-law and his wife were with us. The scream came from the Taction of the bridge. It sounded as if soma- had had a knock, and I thought it was some beating his wife. I saw a parcel and a j y'et on the footpath near the bridge, and ~J"So found a girl's hat, and some provisions in a about ten or twelve yards from the path fading up the bank, but nearer Penarth than yoRan. The hat and the basket were close •o&ether. The basket was full of things, but I did Pot pick it up. I remained while my husband and brother helped the girl down the bank. We Btruck a light and found her covered with blood and dir,t.. Dr. Clapp was then called, and the evidence Previously given by him was read over and con- firmed. He examined her at about 11 o'clock en the night of the 3rd, and found a Bruise on her face, and several lumps on the back of her head caused by blows or falls. She had outraged quite recently. Cross-examined After the outrage the prose- cutrix was suffering from slight concussion J* the brain. On the Tuesday following, Jho day on which her depositions were taken, she began to recover. About a week ago she completely regained her faculties. Under oircurristances like those in this case, the l^rsons violated had been known to suffer **om hysterical hallucinations, and the prosecu- might have been suffering from the same until a week or so ago.. He "*d known tho prisoner a long time, *°d he used to collect subscriptions for his (Witness's) sick club. Prisoner was a usual visitor witness's house on Saturday night, and on •he night of January 3rd he came to the IRlrgery about money matters. Witness did not ^^ember the precise hour, but it wouldbebetweell 9.90 and 9.45 p.m. Hereceived the prisoner's cash and statement, this business occupying about a quarter of an hour, Witness t^en sent prisoner Messrs Fulton and Dunlop's. He left at ten Dobek, and returned at about 10.25. Witness gave prisoner a piece of cake and a glass of whisky, and he left at about 10.25. There was Nothing unusual in his appearance. Re-examined He was quite sure about the tunes he had specified. It was quite possible for *be girl to remember all that took place before she received the blows. Julia Maggs. who was in service with Dr •lapn am nook, said on th. 3rd -Ta.nua.rv nrisoner U came to the house at 20 minutes to ten and went away on an errand at a quarter to ten. He returned after a short absence with some whisky. She could not remember when he went finally Dr. Clapp was present when he returned, and he said to the prisoner, Where have you been to ? You have been gone a long time." Prisoner made no answer, althaugh the question was asked him twice. She did not notice how he was dressed, er whether there was anything unusual in his appearance. Cross-examined: When he returned he was carrying a bottle of whisky in his hand. He might have had two bottles, but she did not notice. He looked rather white when he came back, but his complexion generally was pale. Louisa Bryant, wife of Henry Bryant, 3, Dock-street, Cogan, said on the 3rd January she saw the prisoner in Glebe-street, crossing the road between the lamp and Stranaghan s, at about half-past nine. She afterwards saw him going into Fulton and Dunlop's at ten minutes to ten. Cross-examined At a little after nine she saw a man standing a few yards from the railway bridge over the Penarth-road. He was on the Penarth side of the bridge, and was a very rough- looking and suspicious character. He appeared to be a navvy. He was dressed in dark clothes and had a cap on. She turned and looked after him, and he walked away under the bridge towards Cogan. Her niece, Nellie Jerome, was with her at the time.. Elizabeth Jones, mother of the prosecutrix, or 33, Hewell-street, Cogan, was called to prove the age of the girl. She stated that her daughter was 16 years of age last birthday, but she did not know the exact day of the month. This completed the case for the prosecution. The Court then adjourned.. Upon the court re-assembling Mr Belcher addressed the Bench at considerable length lor the defence, his speech occupying three-quarters of an hour. Witnesses were then called. Ellen Carr, wife of James Carr, 34, Hewell- street, said she lived next door to the prosecu- trix's mother. On the night of the 3rd January she was returning from Penarth to Cogan at 9.15. When she got to the second lamp from the police-station she noticed a man, who was walking slowly up towards Penarth. She at nrst took him to be the prisoner, John Davies, and was going to speak to him, when the man turned his head. and she found she was mistaken, bhe then drew back. She knew the prisoner well. The man had all the appearance of John Davies. She did not know the girl's parents, and attended the court on subpoena. James Porter, mason, 50, Dock-street, Cogan, said on the night of January 3rd he was in the St. Fagan's Hotel at nine o'clock. The prisoner came in a few minutes after nine, and remained about a quarter of an hour or twenty minutes. He went out and came back in five minutes, and remained on the premises another ten minutes, finally leaving at about half-past nine. Evan Morgan, 24, Pill-street, Cogan, a porter on the Taff Vale Railway, said on the night oi January 3rd he walked home with the prisoner shortly before 11 o'clock. Witness met him in the Windsor Hotel, and saw nothing unusual in his appearance. This concluded the case for the defence, and the magistrates then retired to consider the evi- dence. After an absence of ten minutes their worships returned, when the Chairman said this was a case in which there was a great deal of doubt about the evidence. The girl had sworn very positively that the prisoner was the man who attacked her, and the casewasthereiorea very serious one. They therefore felt it was their duty to commit the accused to take his trial at the assizes. They must leave the responsibility of dealing with the case to a jury. They were prepared to accept bail in prisoner's own surety of £50 and two others of JB25 each.

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